Jim Sharpe, of Sharpe's Point is interviewing mine operators who are thinking about closing their mines or who already have, due to their dealings with MSHA. In the post below this, you will find his contact information. Please let Jim hear your voice for the in depth article that he is writing on this very important subject.
I am not writing an in depth article, I am just the wife of a sand and gravel pit owner who has her own blog, and lots of opinions and thoughts on this very subject. I decided to put those thoughts on here for Jim to use, or to help others understand what it is like trying to dodge the fear, dread and frustration that MSHA brings to us mine owners and operators on a daily basis.
As I meet mine owners, and those with drilling and crushing companies, I notice that most of these people are getting older. The majority of owners that I know are in their 60's. They have been running their businesses for many years; and some inherited their business from their fathers. Many of them probably feel like retiring, and many of them could do just that. Retiring is one thing, but there are some that are wondering if they should just shut down their mines at the same time. Why saddle their kids with a future of dealing with MSHA?
Yesterday was March 15th, the day that "Rules to Live By" was officially implemented and MSHA fines rose once again. We have been told that we can receive fines of $85,000 to $220,000 for everyday things. Not because anybody was hurt, or because they died on our property. Just because. Just because a large government agency has decided that they want power and control and money from us, and over us. We do our very best to conduct business in a safe manner, but that doesn't seem to matter since MSHA has a quota to fulfill. Because the government wants as much money out of us as they can get. The fine money goes into the general fund, which actually does need a boost since our government is spending money like crazy; but that is a different subject. Kind of.
We have been wondering what has happened, and what has hit us since 2006, when there was a horrible disaster in an underground coal mine back east. We were blindsided by the change in MSHA. We tried to make sense of it. We fought our tickets, which ended up jamming up the system with a caseload backlog of around 17,000. We got together and formed associations, and got the ball rolling by informing our elected officials of this huge problem of how we are being treated. We tell anybody who will listen how we are getting fines for 3 guys on a crushing job peeing in the woods. For how our customers can get in trouble and fined for parking their vehicles in front of the office and not chocking their wheels. For an unflushed toilet. For a potato chip wrapper in a break room garbage can with no lid on it. For not honking your horn when moving forward in your loader down in the pit, because some poor delivery lady walked out in front of a vehicle by an office and was killed. For not having a fall protection harness on a 2' foot ramp. For not wearing a hard hat as you take your dogs for a walk down in the gravel pit on a Sunday, when all equipment is shut down for the weekend.
Let's say that you only have a certain amount of money in your company checking account, and are trying to keep the doors open in this uncertain economy. You are a good, above board company and employ several people, provide a service and product to your community, and you pay your federal, state and county taxes. Then, one day, MSHA comes in and gives you a huge fine. The fine is so big that it takes all of your money and you have to close your doors. Will the government lien your property for the rest of the amount owed? Would it have been better if you saw that possibility coming your way, retired with the money you had saved up, and just closed your doors? That is what some people are doing. They are deciding just to stop doing business.
So, lets say that you close your business. Your pit just sits there. With good material that nobody can now use. Your employees lose their jobs. You no longer pay any payroll or other taxes, except for property taxes, to help fund the government. The contractors that used to come into your pit for material have to go somewhere else; if there is anyplace else. Your customers can't get gravel for their driveways anymore, at least from you. Sand and gravel operations are very important to communities. Their products provide the basics of construction: rock, sand, gravel, concrete, septic tanks, etc. None of this is a far fetched scenario, and it makes me so sad as I write this.
Mine owners and other aggregate operators have been through hard times before. We are strong, determined business people and we just keep on going. But it is getting to the point where we feel as if we will lose everything to MSHA's fines someday, forcing us out of business. So, in short, some people are just going when the going is good, for their own survival. If you are one of those people, please contact Jim and tell him your story.
MSHA's behavior is wrong. People need to know that.
Kathy
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