MSHA, OREGON PRODUCERS CLEAR THE AIR (KINDA)

A meeting between Oregon producers and senior staff at MSHA seems to have re-opened lines of communication, yet may not have put an end to a tumultuous relationship between aggregate operators in the state and officials in MSHA's Western District.

"We’ve established a relationship here today," remarked Acting Metal/Non-Metal Administrator Neal Merrifield near the close of a three-hour meeting with seven producer members of the Board of the Oregon Independent Aggregate Association (OIAA) July 15.  "I believe we had a productive and cordial exchange of ideas," remarked Board Chairwoman Mary L. McNatt about the meeting, held at Board offices in Salem, the state capitol. 

In contrast, however, discord surfaced during a pre-meeting tour of one of three OIAA mining operations and during a second meeting later that day with officials from the Knife River Corporation.  Merrifield had requested the tour, he explained, "to get a feel" for the Oregon operations.

OIAA members have been complaining for months about allegedly inconsistent and excessive enforcement.  They also have felt their grievances to District officials were falling on deaf ears.

Members charged that inconsistency is especially evident in enforcement of the Agency's guarding and highwall standards.  Guarding has triggered complaints because some inspectors have written citations if they could access a moving part by reaching under a guard while positioned on the ground. MSHA's guarding regulations are designed to prevent accidental, not deliberate, contact.

Merrifield made the Agency's position clear. "I don't expect people to write a violation because you can reach up under and touch [a moving part] unless we see someone working that way," he said.

He also repeated an offer he had made in an interview a month earlier for guarding specialist Harvey Kirk to provide personal instruction and training materials to the operators.  But he expanded on that offer at the meeting by saying he would also ask an MSHA engineer to visit to provide instruction on highwalls.  He later identified that individual as Richard Laufenberg, the Rocky Mountain District Manager, who is currently on a 90-day assignment to Headquarters as Merrifield's deputy.   

To assure producers and Oregon inspectors are on the same page, the training sessions will be given as well to all inspectors assigned to the Albany (OR) field office. 

Merrifield also told the group that he had scheduled a meeting at the Albany office the next morning..  The purpose was to repeat to the Field Office staff what was said to OIAA "so there's consistency," he stated.

Merrifield said that, after reviewing enforcement data for the state, he could find little to support the contention of excessive enforcement.  While conceding that alleged guarding and highwall infractions are up over fiscal year 2008, he pointed out that violations among Oregon producers overall were down from last year.  He noted that the state had half the national average in elevated enforcement actions. 

"Just on a statistical review, I didn't really see any enforcement abuse," he said.

He indicated that he had seen no guarding violations on his 4-mine tour.  The enforcement official remarked that, although he had observed what he believed were some other violations, "I did sense that people are trying [to comply]."

Pointed Questions

While respectful, Board members addressed some pointed questions to the Administrator and to Arthur L. Ellis, Western District Manager.  Ellis accompanied Merrifield and took extensive notes both during the meeting and at the later one with Knife River.

Gary Clapshaw asked if there was pressure on MSHA inspectors to write citations.  "Probably only if they have been failing to do so," Merrifield replied.  "If you follow up and find he missed all these violations, I’m sure there's going to be a conversation with that individual."

"Is your mission enforcement or safety?" Clapshaw asked.  In M/NM, the mission is to inspect mines, Merrifield answered, adding that if an inspector writes a citation, he needs to explain to the operator why and what the hazard is.   

Another question focused on whether MSHA would interpret a big drop in the number of citations as a sign that more citations needed to be written or that mines were getting safer.  The reply was that the finding could be interpreted either way but would require an evaluation to reach a conclusion.

In answer to a query from Cary Matthews, Merrifield said the Field Office Supervisor or District office was the place to go with complaints about MSHA personnel who did not act in a professional manner.  "I will give you an audience if you don’t get satisfaction at lower levels," the M/NM chief added.

Disagreement Surfaces

At a stone mine run by D.K. Quarries, Inc., a flare-up occurred after Merrifield expressed concern about what he saw as loose rock on a highwall.  Dan Kauffman, the operator, noted that there was no safety hazard, in part, because he had blockaded the area to prevent access.  According to Kauffman, Ellis then told Merrifield the condition should be cited, even though Merrifield had previously told the OIAA Board no citations for alleged violations would be written during the tour.

At the Knife River meeting, company official Lynn Gullickson said Ellis "blew up" during a discussion on guarding.  Then "it got way out of hand," he said, when a discussion ensued about observations Ellis and Field Office Supervisor Brad Breland had documented in writing during the tour of the Knife River operation. 

Asked to confirm these details, Ellis responded, "I just don’t feel like entertaining all their accusations.  It just seems to go on forever with them, with me and my guys.  It’s not productive for having a good relationship with them."

Representatives from Knife River met again with Merrifield on July 29 at MSHA Headquarters. Details of the meeting were not available in time for this article.  But unless the issues exposed by the discord are effectively resolved, the rocky relationship between Oregon aggregate producers and their overseers in MSHA's Western District is likely to continue.