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Procedure When Forced to Abate Phony Citation

MSHA Field Offices are scheduling inspectors to return to sites given flawed citations within a week-two week period after the "putrid" citations were issued. The purpose appears to be "to issue orders on unabated citations"! The District and Field offices are aware that Production Operators are Contesting these citations and requesting "expedited hearings on the unreasonable abatement periods assigned them by the inspector"! They do not recognize the Contestment paperwork nor are field offices extending abatement periods when asked.

Inspectors are "bullying and threatening" orders for the site on the Contested Citations. The orders must be obeyed even though the hazard supposedly identified in the citation is BS!

If forced to abate to avoid an order issued by the inspector:

  1. Keep careful notes of the conversation between you and the inspector

  2. Identify your witnesses to the remarks

  3. Note that you are abating the citation "under duress" after being threatened by the inspector

  4. Call an expert attorney

  5. Call the District Manager in your District and inform him of the situation and that you are Formally Contesting and going for an Expedited Hearing.

  6. Abate the citation "under duress" if you choose

  7. If not satisfied, write a letter to MSHA Solicitors' Office requesting an "Expedited Hearing" on the matter.

  8. Do not hesitate to contact your Senator(s) or Representative(s) and furnish them a copy of your notes and all correspondence with MSHA concerning the matter.

  9. If all else fails, call the US Inspector General's Office at 1-800-347-3756 and report your efforts and lack of resolution

  10. You have every Constitutional Right to do all of the above!

November 18th - 21st at Tallahassee, Florida is our next institute. CLICK HERE to register early to ensure a seat or call

1-828-385-2930 to register. This is always a popular Institute and is scheduled at an excellent time to not interfere with production. Registration will be closed at the first 25 enrollees.