Inequitable MSHA Inspections Continue

Reports of aggressive inspections resulting in 104(d) actions, high negligence, reckless disregard, and flagrant violations have been increasingly coming in from all over the country. At an INDUSTRY/MSHA meeting a District Manager stated that Firms would consider a 17-25 inspection a good one because he (the DM) was telling his inspectors that 40-65 citation inspections would be considered the norm. This attitude is nation-wide in the M/N Districts

Good business judgment tells us that the Industry's success with the agency lies in knowing the LAW and insisting on the Constitutional Rights guaranteed Mine Producers when they are shoddily dealt with by the enforcers! We currently have 23 seats available for The next Class. Registration can be made at January 2008 Mine Safety & Health Law Institute.

This email was an immediate response from a western state operation!

"Frank,

Our plant just under went an MSHA inspection and received 31 citations, in the past we received only one or two per visit. Some of the citations we received were normal but others were a joke. None were 104(d)  

I spoke with a safety manager in SD and their plant received 150 citations. Thought this may be of some interest.

                                     Western Safety Officer"

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                  OSHA?                                                                         MSHA?  

        Jurisdiction Dispute

     Now MSHA wants separate ID Numbers for every off-site shop that may or occasionally repair mobile equipment used in Mining! Because of the M/N Production Industry's success in reducing injuries and improved  compliance efforts, MSHA inspectors are having difficulty producing their expected quota of legitimate citations. Many Production Sites now have LAW-Trained Miners who know their entitlements under the LAW!

    One answer for MSHA is to open a new market, separate IDs for

off- site maintenance shops used primarily for repair of non-mining equipment! They will have their hands full. More Maintenance Officers, Supervisors, and Mechanics have received Law Training than the agency realizes!

    The Industry plan seems to be to allow the inspectors to inspect (MSHA Warrantless inspection right) and then Formally Contest each written citation on "jurisdictional grounds". Let the courts decide if the shop belongs to MSHA or OSHA!

    If MSHA's Solicitors' Office is "jammed-up" now, imagine what this latest aggressive push will do for their "40 hour week" bureaucratic workload!

A report from Texas states that the firm was refused the "inspector's notes" requested under FOIA!

I am reposting the article concerning the Sec. of Labor's decision to release the inspector's notes requested under FOIA effective January 2006!

See decision