$afepro,
inc.
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January 12-16, 2009 Institute has 10 seats available to date. Click to Register! |
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Thanks to Adele Abrams, Esq. and Jim Sharpe, Sharpes Point, for this info! MSHA sued for "abusive monitoring" and issuing citations by quota
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Think This Over My current thoughts on what the new administration might do to stimulate the economy is this... There is not much it can do initially. It will try to push another stimulus package, which is going to work a bit, but will fizzle out quickly just like Bush's. The next thing it will try to do is attempt to bail out certain industries like the Auto industry. That does not really fix the long term issues either. It appears that necessity will push the economy in a positive direction! |
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MSHA issues first-ever pattern of violation notice! Jim Sharpe's SharpesPoint Article (includes citations history) Nationally distributed News Release in the waning days of this administration! |
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Recent MSHA Fines in this time of economic trial and They Are Bragging About it?
Can you budget for this? Enough Said? |
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Before determining if your Company does or does not need LAW Training for 2009, please scroll to the bottom of the page and click on the MSHA link on the right-hand side. Once on the MSHA website, in the upper-left side under "Quick links" click "data retrieval system". When that is up enter you sites' ID numbers and check your 3 year citation history! |
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Thank you Salt River Materials $afepro agrees with you that though markets are down in our Industry, Miners like yours are the Insurance that our great Nation will recover from the present crunch. Ms. Blue and I are so grateful to your Scottsdale Operation and Employees for their daily $afe Production efforts which provide good livings for their families and vital materials to our wonderful United States!
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Correction on Informal MSHA Conferences! It is reported that South Eastern M/N District is now rescheduling all cancelled Informals as of 10/30/08. |
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Most Promising $afe Production Officer October 2008 MS&H LAW Institute
Michael Gregory Orica USA
Mike was presented a 20 year service award by his company in August of 2008. He came from a strong Production Blasting background to Safety with Orica. He was recently promoted to Regional Safety, Health, Environmental Manager by Orica. $afepro first met Mike 6 years ago in Charlotte, NC in a Law Seminar sponsored by Orica. He already had an impressive career, Mike lives in Roanoke, Virginia with his wife Dana and his little daughter, Maggie. He came to Savannah with a plethora of Production and Safety experience. Mike is known as a quiet man yet by Tuesday afternoon his classmates were seeking him out for advice and sharing of experiences. His answers and solutions made him a principal resource for his classmates! His shared agenda plans offered practical solutions to their compliance and Teamwork problems. This Safety Officer's deep understanding of compliance-based, profit-making $afe Production principles led his class to overwhelmingly select him as Most Promising $afe Production Officer of the October 2008 Institute.
See Mr. Gregory's Certificate!
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October 2008 Institute
Angela Poston, Unimin Corp. Dave Skorupski, John Warlick, Hanson Aggregates, Christian Poston, Poston Safety, Robert Martin, Gary Parker, Roger Burns, Luis De la Rosa, Cemex USA, Fred Collins, Jason Tucker, Aggregates USA, Tim Myers, Mike Moody, Josh Sutter, Salt River Materials Group (Phoenix Cement), Jim Burrows, Laine Erickson, Western Montana Companies, Michael Gregory, Philip Bell, Orica USA, Sean Haggerty, KRC Hawaiian Cement, Rick Pendleton, Southern Industrial, Skyler Willard, Oldcastle Materials, Mark Parsons. AGCSD, Kelly Krause, Rogers Group. The Professional Graduates of this Class represent 12 $afe Production Companies from across the Nation. They brought broad and valuable experience to Savannah and did not hesitate to share it. These Graduates will strengthen our Industry during this difficult economic and enforcement period! |
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To assist the Production Industry in its present struggle with the MSHA inspector, $afepro, inc. has reduced the prices of the Electronic LAW Manual packages. Click to Save $200.00! |
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This citation was written on 10-02-2008 to one of the "top-ten $afe Production" firms in the US. The Management is preparing a "Formal Contestment" on this citation and has asked for recommendations from the Industry relative to developing the Contestment. Please submit your recommendations to fadkins@safeproinc.com and they will be forwarded to the Company. The 3 top recommenders will receive E LAW Manuals from $afepro, inc. |
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MSHA field offices across the country are conducting Part 50 Audits. It appears that these Audits have little to do with the safety of Miners; but, are being conducted to generate citations. Click for Guidance |
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52136 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Proposed Rules DEPARTMENT OF LABOR Mine Safety and Health Administration 30 CFR Parts 56, 57, and 66 [1219-AB41] Alcohol- and Drug-Free Mines: Policy, Prohibitions, Testing, Training, and Assistance AGENCY: Mine Safety and Health Administration (MSHA), Labor. ACTION: Proposed rule. (CLICK) "I realize that most M/N Mining Firms already have "drug programs" for DOT, a state agency or as a matter of "good practice". Failure to respond to MSHA's attempt to intensify the "drug-alcohol standard 56.20001" could well result in duplication of effort where programs are already in place and the expense of setting up a separate training and testing program to meet the Rule's requirements. I recommend downloading and reading the "proposed rule" before making a decision as to its affect on you and the Industry." Frank Adkins, President, $afepro, inc.
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Avoiding Paperwork Citations Many surface mines are now successfully complying with mandatory safety standards and MSHA inspectors have to search harder for valid hazards to justify issuing citations! As savvy Operators continue to add to their understanding and ability to spot phony or flawed inspector's evaluations, it becomes difficult for the inspectors to issue a citation involving actual Safety for the Miner or Quarryman. |
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MSHA is writing Part 46 & Part 48 citations and elevating them to S&S status! |
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"We have a good relationship with MSHA!"
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Phony Order & Citation Defense An MSHA inspector has issued an ORDER on the W. Coast based solely upon his "Guess". Assumptions were made about "structural stability" with out any "expert" testing or evaluation. This is a direct denial of rights guaranteed the operator by the Constitution of the United States. It is up to MSHA to prove the Company guilty! MSHA Solicitors' Office Phone & Fax #s inside! Click the headline for recommended action! |
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The First Aid Kit/ Expired Iodine Swabs Citation Was Withdrawn by MSHA! |
Click here to register for Jan. 12-16, 2009 Institute.
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The following list shows the types of MSHA inspection activities that are counted in the operators' inspection day counts. |
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Here is a recent example of MSHA's enforcement offensive. 5 Man S&G Operation 3 Day MSHA Inspection
* notice what a 104(d)(1) does to the fine. Do you and your people know the difference between this 104(d)(1) S&S citation ($6458.00) and the other 104 (a) S&S citation ($1944.00)? That lack of knowledge cost this small S. East firm an additional $4514.00. I am thankful that this Site knew enough to Formally Contest the citations they did not agree with
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This is a report of an MSHA Teleconference briefing done 6/16 by Acting Asst. Secretary MSH, Richard Stickler, for the News Media. Failure to read and digest this will definitely give you a huge shock during the 2008-09 inspection cycle! Stickler predicts 180,000 citations in 2008 up from a record 140,000 in 2007! This enforcement offensive by the agency will cost major money! Plans must be made now to avoid MSHA's pitfalls. We are again in the debt of Jim Sharpe, Sharpes Media, for this vital information. $afepro Click for Proven Plan to Avoid Citations $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ |
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Click here for "FORMAL CONTESTMENT" procedure. Do Not Confuse this with "Informal Conferencing"!
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MAY 2008 Institute
Tom Baily, Scott Rhodes, National Lime & Stone, Barry Bright, Gary Mackey, Bruce Van Kirk, Kim Lee, Salt River Materials Group, Bill Shipe, Irving Materials Inc., Chuck Varadin, Robert Munoz, Guy Storm, Aggregates USA, Clarence Gerik, Wade Klimpe, Hanson Aggregates, Craig Wysong, Daniel DiMartino, Carbo Ceramics, David Thompson, Eric Schubert, John Hansen, Fernando Chavez, Cemex USA, Ernesto Alvarez, John Ontiveros, Jon Thomas, Kelly Isaman, Ronnie Akins, Marc Ingvoldsen, (Baldwin Contracting) Knife River Corp. , Nichelle Young, Law Office of Adele L. Abrams, Kyle Jackson, Old Castle Materials Group Midwest, Inc., Jim Wright, WDC Exploration & Wells, Jason Smith, Hanson Brick.
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Our Site Seminar Schedule is Full Until Sept. 1. Call 828-766-6611 to schedule for Winter,2008-09. |
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Email received 5-14-08 (LAW info is not a vaccination! It must be put to work! $afepro
Here's why they
need to sign up!
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Email received by $afepro 05/06/2008 Frank, I don’t know how often you check the MSHA data retrieval system to see who’s getting hammered but since it’s public information I thought you might appreciate the following info: Cement, Iowa, Mine I.D. 0000000 * MSHA Inspection Jan/Feb 08 S&S Citations= 25 Non S&S= 73 Total Citations= 98 Total Proposed Fines $65,649.00 |
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MSHA Targeting Contractors and Small Producers! The Agency thinks they do not know enough LAW to protect Themselves from flawed citations! |
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Regular Assessment Cap goes to $70,000.00 MSHA's Adjustment for Inflation reflected in Final MSHA Penalty Table. This is effective as of March 15, 2008 |
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$afepro Mine Safety & Health Law Institute January 12-16, 2009 Savannah, GA or call 1-828-766-6611 to register.
This is always a popular Institute and is scheduled at an excellent time to not interfere with production. We have extended our Oct. class size by three due to Industry demand. Registration will be closed at the first 25enrollees.
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HAWAIIAN CEMENT RECORDS FIRST EVER ZERO CITATION MSHA INSPECTION! I just had to include Hawaiian Cement's complete e-mail because we are so happy for and proud of these Quarrying Professionals! Frank Adkins
John Delong, President Presents the "Traveling "0" Citation Trophy to Keoni DeRego, Quarry Foreman. Frank, Happy New Year to Ms. Blue and yourself from your Hawaiian Cement Ohana!
I am happy to report only three months after your visit and informational Safepro Law Seminar that Christmas came early for Hawaiian Cement. On December 15th, 2007 the MSHA Inspector arrived in town and the Maui Crews were ready. Maui's Puunene Quarry recorded the first ever Hawaiian Cement ZERO Citation MSHA Inspection. In addition, Mau's Waikapu Quarry received only one citation which we believe is bad paper and we are contesting.
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Rosenfeld Sand and Gravel KRC-South, Central Texas Div. "0 Citation Inspection"
On Dec. 21, 2007 this professional KRC Quarry Crew proved that "knowing the LAW and keeping a hazard-free workplace" pays off! Geneva Cross, Margarita DeLorosa and Dusty Terry ( My Vietnam Veteran Colleague) had all attended a LAW Class earlier in the year. Upon their return they shared the information with the crew and made $afe Production their goal as a site. Their efforts resulted in no citations, no injuries, higher profits, and a Merry Christmas for all of their families! $afepro, inc. and the Industry congratulate the Rosenfeld Crew for their business excellence and the fine example they have set for our national Industry during this difficult enforcement period. |
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Lafarge Cement receives $150,000.00 + housekeeping fines for one inspection! Click for info! 56.20003(a) is the "housekeeping standard". |
January 2009 MS&H LAW Institute Dates Posted. Click to register.
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11-05-07 E-mail from Top MS&H Attorney "Still continue to floor me ...
Latest proposed penalties sent by clients today:
(1) Basic guarding citation, "reasonably likely/fatal" with
"moderate negligence" - $13,268
(2) Drill dust citation (where there is a cab installed on the
drill) - "reasonably likely/perm. disabling" with "moderate
negligence" - $14,373
Amazing that Congress still thinks more penalty increases are
needed."
Adele L. Abrams, Esq., CMSP
Law Office of Adele L. Abrams P.C. 4740 Corridor Place, Suite D Beltsville, MD 20705 301-595-3520 telephone 301-595-3525 facsimile www.safety-law.com |
Jan. 12-16, 2009 MS&H LAW Institute! Click to Register for Jan. Institute..
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Good News from Knife River's W. Oregon Division
The "0 Citation" Gresham Quarrymen celebrate their Victory! This email is sent by Lynn Gullickson, Safety Resource Manager. "Just wanted to send you a picture and some info on our last MSHA ZERO citation inspection at KRC, Western Oregon Division. The inspection took place at our Gresham operation on 9/19/07. We were inspected by a veteran inspector that was accompanied by an inspector in training. The inspection included a full day shift inspection and a limited night shift inspection. The Gresham location is one of our larger production facilities that operates 24 hrs a day with an average of 21 Team Members. The ZERO citation inspection does not come as a surprise to me. They have had a history of ZERO or one citation inspections in the past. All of the Team Members at Gresham are dedicated to making the facility safe and are led by Mike House and Scott Livingston. On 9-27-07 we celebrated their achievement with a steak and shrimp BBQ and they received the roving ZERO citation trophy that moves from location to location when they receive a ZERO. The celebration was attended by Dave Bull, President of Western Oregon Division, and Brian Gray, Vice President of Metro Operations, Western Oregon Division." $afepro, inc. and the Industry congratulate the Professional Quarrymen of Gresham, OR on their splendid accomplishment. With the "safe workplace", they know that everyone can come to work everyday and provide an excellent standard of living for their families. "Hats Off" to Dave Bull, President of Western Oregon Division, and Brian Gray, Vice President of Metro Operations, Western Oregon Division. Their $afe Production management principles and support for safe workplaces make this accomplishment stand as a goal for every site in the Nation.
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It is sad that a government enforcement agency can exert pressure of such enormity that it causes a small businessman to take his own life. It happened on October 15, 2007. This small mine owner was facing "flagrant violation" fines of $874,500.00 resulting from an Oct. 23, 2006 fatality investigation by MSHA. |
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Significant changes have been made in the MSHA fine payment process. This will cause problems to Production Firms & Independent Contractors if addresses are wrong! Under the Miner Act, MSHA now can seek court injunctions to shut down mines whose owners ignore outstanding fines. (Fines are past-due 30 days after assessment). Note: Assessment Statements will be sent monthly by FEDEX, but payment must be by USPS! Click below for details. |
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Negligence "Moderate-Reckless Disregard" checked in Sec. II, part 11 on your citations can increase the cost of your fines by several thousand dollars! An enlightening AggMan article on the MSHA inspector's responsibilities when evaluating "Operator Negligence" and defense for the degree of Negligence can be seen at http://www.aggman.com/articles/rocklaw.htm#sep07.
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Hawaiian Cement Knife River Corporation A Major Contributor to Hawaii's Growth
Hawaiian Cement Staff The beautiful highways on Oahu and the spectacular high-rise offices, hotels, and condominiums in Honolulu evidenced the contributions that John DeLong, President, and his staff had made to the great State of Hawaii. At our hotel, museums, restaurants, The International Market, the Dole Cannery and wherever Hawaiian Cement was mentioned, this construction materials firm was spoken of with respect and gratitude by the residents. They are considered an essential to the economic growth of The Islands! John Delong had assembled his staff for the LAW Seminar to add compliance-based $afe Production principles to their already excellent management philosophy. They quickly grasped that this information would strengthen their efforts to provide a safe workplace for their employees and increase net profits. Agendas were formed by them to be a world-class Aggregates and Concrete Company. $afepro returned to the Mainland convinced that KRC's Hawaiian Cement will establish $afe Production benchmarks for the US Industry to strive toward.
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9/28/07 - Email from the desk of Adele Abrams, Esq. Alert! New Approach? Alert!
MSHA never ceases to amaze me. The latest gambit: client
conferences citation. CLR tells client that citation will be
vacated. Client awaits modification documentation. When none
arrives after a few weeks, calls MSHA and is informed that the
District Manager "overruled" the CLR and the citation will not
be vacated after all. No attempt to inform the operator of this
in anything like a timely manner. And, of course, at this point
it is too late to file a notice of contest (which would permit
discovery to take place quickly). Now they have to wait for the
penalty proposal. Obviously, this "bait and switch" tactic could
have serious ramifications if used in other cases -- e.g., those
where a 110C investigation could occur. Thankfully, this was at
least not a high-profile citation in terms of "flagrant"
allegations. Thought you would want to know about this.
Adele L. Abrams, Esq., CMSP
Law Office of Adele L. Abrams P.C. 4740 Corridor Place, Suite D Beltsville, MD 20705 301-595-3520 telephone 301-595-3525 facsimile www.safety-law.com Thanks Ms. Abrams, it appears that MSHA is deliberately forcing Operators into litigation! $afepro |
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You could be next! This is a ten man operation, family owned and just another in the list of small mines closed by MSHA for no good reason other than its own agenda! $afepro9/21/07, 9:38 EST- Thanks to Adele L. Abrams, Esq., CMSPLatest outrage:
MSHA (District 1 coal) has shut down an entire mine over a
non-S&S citation that the judge deemed "low negligence."
They
had a Petition for Modification granted (in effect) for the past
18 months, allowing them to use ventilation in lieu of seals.
MSHA is now demanding that they travel an abandoned area, to
inspect the defunct seals, even though it only has one escapeway
(due to reconfiguration of the mine). Even the inspector
admitted under oath that this was more hazardous than the
practice of not examining this area. They were cited under the
weekly seal inspection standard. Question is, what were they
expected to do since they were not required to maintain these
seals because of the Petition for Modification.
We had an expedited hearing on Tuesday but won't get the judge's
written decision until sometime next week. In the meantime,
the mine has been closed (and miners put out of work) for over a
week now. Things are definitely out of whack here!
Adele L. Abrams, Esq., CMSP
Law Office of Adele L. Abrams PC 4740 Corridor Place, Suite D Beltsville, MD 20705 301-595-3520 telephone 301-595-3525 facsimile www.safety-law.com
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$afepro, inc. has developed a 12 hour Seminar dealing with "Formally Contesting Citations". |
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The Jan 2009 MS&H Institute is filling ! Business in 2009 will be extremely difficult without LAW-trained Production and Safety people on site! There are open dates in Nov., Dec. & Feb. for Company Seminars. To schedule Seminars call 828-766-6611. |
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