Honorable Senator Ron Wyden
Wayne Morse Federal Courthouse
405 E. 8th Ave Ste 2020
Eugene, OR 97401
3-17-2010
Dear Senator,
We are writing this letter to specifically request your immediate assistance regarding enforcement practices and penalty assessments upon small mine operators in Oregon by MSHA through its Western District in Vacaville, CA, and the Albany, OR field office.
MSHA has changed its focus since 2007 from one of miner safety to one of revenue generation, wrapped in the righteous cloak of miner safety. With the passage of the MINER Act, a system that wasn’t broken was “fixed” and citations and the corresponding dollar amounts of those citations was increased.
MSHA is citing and penalizing operators at a record pace and if it continues at this rate operators of all sizes, but specifically small operators, the backbone of America, will be devastated.
We would ask you to do the following to assist us;
1. Reduce the ability of MSHA to assess mine operators high dollar citations. It does not take $50,000 dollars to get the attention of small operators. We get the point with citations that are several hundred dollars.
2. Require MSHA to work with mine operators if there is a condition that is unsafe or a violation of a standard that is citable, allow the operator an appropriate and reasonable amount of time to rectify the situation.
3. Require MSHA to evenly, equitably, and fairly enforce the Mine Act, no more of the “gotcha” tickets or citations for equipment that has been in service for years with no prior history of citation the way it is equipped, or for work practices that have been developed over many years at a specific mine site.
4. Require MSHA to work with mine operators and eliminate the adversarial relationship that it has developed in recent years, the “us versus them” mentality. Citations and fines should be a last resort for MSHA, not the first option.
5. Require MSHA to maintain and enhance the “Small Mines Office” and put real teeth in the ability of the SMO to train and educate mine operators to improve the safety of miners and prevent citations and fines. This should be done through increased staffing and funding for the SMO. No regulatory agency should be permitted to have an aggressive enforcement arm without an equally aggressive education, training and outreach program for those it is regulating.
6. Lobby MSHA’s oversight committee for a congressional hearing and truly investigate these unfair practices against aggregate producers here in the Western District and nationwide.
Senator, we are independent and resilient people however we cannot continue this fight alone. We need your help and the help of your peers, you have the power to change this, listen to our grievances and hold MSHA accountable, require them to justify their conduct towards us. We are not asking for special treatment or a handout only fair, equitable, and just treatment and a hand up. Allow us to live the American dream not drown in a regulation nightmare.
Thank you for your time and consideration.
Respectfully,
OIAA
Oregon Independent Aggregate Association
PO Box 571
Stayton, OR 97383
541-994-8510 phone
503-769-1834 fax
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