important safety issues. They also provide worthwhile feedback for MSHA.
In the past, conferences often
ended disputes regarding inspector
findings. If not completely satisfied, an operator might at least feel
the company had its day in court.
An MSHA conference is not a court
procedure, but the procedure served
What’s changed?
Until 2005 (the safest year in mining
history), the number of conferences
was seemingly manageable for MSHA
and probably would have continued
to be manageable even with increases.
Since 2005, the volume of citations has
HAZEMAG & EPR‘s Primary Crusher
increased by 55 percent, which would
occasion a corresponding increase in
conferences. Much more has changed,
however, starting with an almost 800
percent increase in civil penalties.
Add to the mix the potential for
pattern-of-violations sanctions and
mega penalties ($220,000) for flagrant
violations. History of violations has
become extremely important since up
to 25 points can be added to a penalty
calculation for history and more points
for repeat violations. Even the smallest
companies have been affected.
Little wonder MSHA became overwhelmed with conference requests
after 2006 (when Sago and other coal
accidents prompted changes in law
and civil-penalty regulations). No
less surprising is that formal litigation
skyrocketed, and this situation was aggravated when MSHA started refusing
conferences.
Since MSHA is clearly not planning
to reduce penalties or enforcement,
the case load will continue to be large,
resulting in continued swamping of
MSHA’s conference officers, attorneys and the Federal Mine Safety and
Health Review Commission.
• Crushes large feed ( 7‘x7‘x7‘)
• Machine Production capacities from 500 to 2000 T/H
• Has a high ratio of reduction ( 6‘ to minus 9“)
• Requires no ramps, no hoppers, feed at grade
• Handles wet/sticky material
• Requires no expensive steel work or foundation
• Includes remote control - no operator required
• Total setup time - 4 days and ready to crush
• Options: Mobile or Semi Mobile or Fixed (Skid)
• Complete with MCC - Soft Starters - PLC -
Frequency Drive - Just supply the electricity
Mineral Processing for Mining Professionals
HAZEMAG &EPR GmbH
Contact Ed Kelleher: RR4 Box 692 Schooley Rd - West Pittston, PA 18643
Fax: 570-883-0941 | Email: Hazemagminpro@aol.com
www.hazemag.de
Future conferences useful?
Effectively, informal conferences are
gone. They are replaced by formal litigation, abbreviated as follows:
1. MSHA will assess all citations
immediately.
2. The operator must contest the civil
penalties for all disputed violations.
3. MSHA will assign a conference and
litigation representative (CLR).
4. The CLR will ask the commission to
allow 90 days for a conference.
5. If a settlement is reached, the CLR
will file papers seeking commission
approval.
6. Absent settlement, the case will proceed with the CLR or an attorney.
It seems like MSHA wants to make
deals just to close cases. How does this
ensure that the government is always
acting responsibly and fairly? MSHA’s
