I can not express the gratitude that $afepro and the Industry owe to Jim Sharpe, Sharpe's Media, for his strong efforts to tell the M/NM Operators' plight in this time of extreme "MSHA right-wing enforcement".

Thanks Jim for your permission to make the lead articles of your December issue of  "Sharpe's Point" available to the Industry via our website!

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SAFE QUARRY OPERATOR GETS HUGE MSHA FINE

A Pennsylvania quarry operator with a 25-year safety record of no lost-time accidents has amassed a quarter million dollars in fines from MSHA this year and more penalties are coming.

Tiny Iddings Quarry has been mining and selling limestone to the state and to local businesses for the past 42 years.  Owner Dave Iddings inherited the business from his father, John, who began crushing rock during the Great Depression in the Central Pennsylvania community of Mifflinburg.  He moved the business to its present site just west of town in 1967. 

Over the past quarter century, the mine has been recognized twice for outstanding safety achievement, most recently earning a certificate from the prestigious Sentinels of Safety program for rolling up 13,702 accident-free hours in 2008.  The operation has also been recognized by the Joseph A. Holmes Safety Association. 

Iddings' stellar safety record, however, stands in direct contrast to the treatment he has received this year from MSHA inspectors.  During an inspection in July, inspector Ralph Bennett, accompanied by Field Office Supervisor Thomas Shilling, wrote 32 citations, including roughly 15 for alleged electrical problems. Twenty-one of the citations were classified as serious; i.e., "significant and substantial" (S&S).

Referring to Bennett, Iddings said, "The guy just ripped me apart."

According to Iddings, during the course of the inspection, he asked Shilling for assistance from MSHA's Technical Support Directorate because he "had a problem with one of the things they were writing me up for - an electrical problem" and wanted Tech Support "to explain this to me."

Iddings' request might serve as a lesson in  being careful about what you ask for.  Even though he had sought compliance assistance, what he got three weeks later was a four-person team, two from Tech Support plus Bennett and Shilling.  The outcome was not pretty. 

"After I asked for Tech Service to give me some guidance on the thing, they came in and wrote me 45 citations that day," Iddings said.  "A mess," is how District Manager Jim Petrie described the electrical system at the mine. (Emphasis by $afepro)

Iddings now faces 86 citations, including 20 unwarrantable failure orders and citations alleging high negligence, and $254,842 in fines.  Since six of the unwarrantable failure orders have yet to be assessed, he could end up with a final tally of over $300,000. 

But that is not the end of it.  Iddings' 104(d)(1) citations could trigger a special investigation, which would bring still more citations. In addition, he could be judged a potential pattern violator, which would expose him to the possibility of shutdown.  If so, besides Iddings, it would idle nine employees, who have a combined length of service at the quarry of over 122 years.

Iddings contends that if the fines must be paid in full, it will put him out of business.  He has contested them and hired an attorney, Adele Abrams, who described the arrival of inspectors after Iddings had called for technical assistance as an "abuse of process."  She also noted that the mine had received only four minor citations for electrical problems the previous two years.

He has also sought assistance from his congressional representative, Democratic Rep. Christopher Carney.  An aide, Joe Fabricatore, said Carney's office was currently in the information-collection stage, but promised that "we'll do everything we can to help Mr. Iddings out."  He added that mining in the congressional district was big business.  "We don't want to see any of our mines go out of business," Fabricatore said.

Iddings, 69, said he was in a battle he was going to try to win. Even if he does, though, the victory might be hollow.  "I'm going on 70 right now. I really don't know whether I need this hassle," he said.

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