A Resource Blog on MSHA and Above Ground Aggregate Mines

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Hi,

Thanks for stopping by to take a look! We hope that you will find some useful information as you browse this site. We welcome you as part of this informal group where we can communicate about what is going on in the industry regarding MSHA. Please feel free to leave your comments (but remember that MSHA does read this site too.) To contact us through the phone or email with your stories and concerns, call Cary or Kathy Matthews, at 541-536-1771 or 541-410-4673 (Cary's cell). Our fax number is 541-536-1772. You can email us at: lapineredimixinc@hotmail.com

New blog posts are featured on this page, and other information is found by category by clicking on the pages links above.

We encourage you to join up with your local aggregate association, because there is strength in numbers. If there is not one in your area yet, please consider forming one.

Take care, and remember to be in contact with your state officials to voice your concerns about MSHA. Our tax dollars pay for MSHA, which is under the Department of Labor. Our fine money goes into the general fund, and we cannot afford to keep paying out costly fines on the more and more frequent trivial citations to essentially support government spending. At least that is how I feel about it.

~ Kathy


______________________________________________

Tuesday, May 18, 2010

"MP Man Arrested at Gunpoint" by Mary Schamehorn, Editor of The Myrle Point Herald:

"Two men have Francis Schrader at gunpoint."

That was the 9-1-1 call that came in shortly before 10 a.m. last Tuesday.  

When an officer from the Myrtle Point Police Department arrived on the scene at 433 Railroad Avenue, it turned out that the "armed subjects" were agents from the U.S. Marshal's office who were arresting the 65-year old man on outstanding warrants.

The arrest involved Schrader's failure to appear after being cited for safety violations at his All Coast Concrete rock pit east of Myrtle Point.

Schrader was taken to federal court in Eugene where he was jailed and later released.

The first person the Herald spoke with, at the court house in Eugene, said originally it was a civil case, but it became a criminal matter when Schrader failed to appear at the show cause hearing.

At his May 4 appearance in federal court, Schrader declined the appointment of counsel, telling the court that he would represent himself.

Reading from the court docket, a spokesman for the U.S. District Clerk's office said "the parties were ordered to confer regarding resolution of proceedings.  Following conferral, government agrees to provide defendant with copies of the citations and court-ordered conditions which would allow him to continue to mining (for rock)."

A civil case was filed in January for safety violations under the Federal Mine Safety and Health Act.  He was given until Tuesday (May 11) to decide whether or not he wants to continue mining and will advise the government by that date of his decision.  During the week between May 4 and 11, he agreed not to mine.  He was later released on his own recognizance and returned to Myrtle Point. 

At press time, the Herald had not learn of his decision.

Mike Shimizu, Seattle, regional director of public affairs for the U.S. Labor Department, told the Herald he could not give the paper much information as the case is still "an open investigation."

"It does involve conditions under the Mine Safety and Health Act that he has refused to respond to.  Inspectors have been out to his rock pit, and he refused to abate some of the conditions that we cited,"  Shimizu said.  


He would not confirm if this were a routine inspection or if it came as a result of a complaint.


Schrader told the Hearld that he had "hundreds of pages of tickets.  I laughed at them.  I got thrown in jail for a few hours.  It's the principal of the thing," he said.


"Are your prepared to die today for your liberties?  Several people in Myrtle Point witnessed ...a Gestapo act of terrorism and the kidnapping of an American citizen for a for-profit corporation,"  Schrader said.  See Schrader's letter to the editor below.

"Schrader Describes Arrest for Rock Pit Violations"

This was a letter to the editor in the Myrtle Point Herald, in the small town of  Myrtle Point, Oregon earlier this month, and is written by 65-year-old Francis Schrader, the owner of All Coast Concrete.


To the editor:

"Are you prepared to die for your liberties?  Several people, in Myrtle Point, witnessed, on May 4 at about 10 a.m. a Gestapo act of terrorism and the kidnapping of an American Citizen by a for-profit corporation.  The Myrtle Point citizen on the street or near the mini-mart near Railroad Avenue were at risk of being shot or killed during this assault.

An American citizen was called three times by phone and lied to on each call.  This citizen was told that there had been an accident and damage done to the citizen's parked truck by a man called Jim Roberts.  The person on the phone said he got the cell phone number off the door on the damaged truck.  He said he had to soon leave town, but wanted to settle the damages first, in cash, and he asked for the citizen to come to the dump truck.

When the citizen arrived at the dump truck at around 10 a.m., he found no damage and nobody around.  He suddenly saw two plainclothes me running toward him from about 150 feet away, yelling, one of which was pointing a revolver in his direction.  He was told to get on his hands out of his pockets, turn around, and hands behind his back.  The 65-year-old citizen was taken to the pavement by two men in their 30's, from behind, and handcuffed.  They refused to give any identification as to who they were.  They then began picking up all the papers and personal items that had flown from the citizen's pocket during the attack.

A neighbor, thinking this was a mugging, robbery, and/or kidnapping, called 9-1-1.  The Myrtle Point police officer that arrived on the scene ask them two times while his gun was pointed at them what was going on and who they were.  At first they ignored him.  At this point, the citizen was in the line of fire.  Finally, arrogantly, they replied that they were U.S. Marshals, at which time the Myrtle Point officer forced them to show identification.

The guns were lowered and the citizen was hauled to the U.S. District Court in Eugene.

The people of Myrtle Point were in great danger if shots had been exchanged.  The Myrtle Point police officer did a very professional job of protecting the citizen.  Thank you.  There was no reason to approach the citizen in the manner they did, as he did not even have a traffic ticket on his record!

Could this happen to you?  This citizen hopes not.  When one stands up for what is right and true, the allege government does not like it.  Fear is the weapon they use.  This citizen is not buying their bullying tactics.

This is all over whether I have the right to work in my rock pit without their jurisdiction, as if this citizen does not know how to take care of himself.  The Mine Safety and Health Administration, better known to rock pit owners and workers as MSHA, is behind it all.  

This citizen has the creator as his Lord and Savior.  He will not submit to such tyranny with the Kind of the universe by his side.  I covet the prayers of all who stand for truth, love and liberty."

Francis Richard Schrader, Sovereign American, 
Myrtle Point, republic of Oregon

May 24th Workshop in Kent, Washington:



2.5  Hour MSHA WORKSHOP HAS BEEN RESCHEDULED FOR:
MONDAY,  MAY 24TH @ 9:00am - 11:30am

MSHA requested to reschedule the workshop for Monday, May 24th and we indicated we would advise once we had all planning and commitments in place.  SAME LOCATION as prior notice, please see below for more details. 
  
Everyone is aware the dynamics in MSHA are changing and very unpopular and that is not likely to change in the short term.

Recently, MSHA has implemented a renewed emphasis of enforcement policy on Return Roller Guarding, implemented Rules to Live By and Horn policy.  The objective of this workshop is to discuss these 3 areas and obtain clarification regarding these standards.  

 The Safety Committee has scheduled time with the local KENT District MSHA supervisors to discuss these issues.

WHEN:   MONDAY MAY 24TH AT 9:00am- 11:30am

WHERE:  AT THE CENTERPOINT CORPORATE OFFICES IN KENT
20809 72ND AVE S.  //  KENT //  98032
 ***     COMMONS BUILDING
***   Same building as the Alkai Bakery & Day Care
***   Site where the Spring Thaw Meetings have been held
  

WHAT:   Review of Policies for Return Roller Guarding,
                Rules to Live By and Horn Policy


HOW:   To register for this COMPLIMENTARY workshop 
            please email Sarah at shamner@washingtonconcrete.org

The Safety Committee is gathering and evaluating picture examples of when return rollers may require guarding and when they may not, and we hope to have a dialogue with the agency to clarify other newly implemented policies that are creating confusion.

If you cannot attend,  not too worry, we will take copious notes and provide as much guidance and clarity as we can following the event.  IF you are interested in receiving updated  information discussed at the workshop please email me or Sarah Hamner at:  shamner@washingtonconcrete.org
*** Note Sarah Patterson's email has changed to:
spatterson@washingtonconcrete.org will remain active for a little while.  Please update your records accordingly.

 
From I-5:
Take the 188th St / Orilla Rd Exit  //  Turn LEFT onto Orilla Rd  //  Orilla Rd becomes 212th St.  //  Turn LEFT onto W. Valley Hwy / 68th Ave S.  //  Turn RIGHT onto S. 208th St.  //  Take a LEFT at the "V"  in the driveway, the Commons Building is on your RIGHT.


From I-405:
Take WA 167N - Exit 2B  toward Rainer Ave S  //  Merge onto Valley Fwy. (WA -167 S.) via Exit 2A on the LEFT towards Kent / Auburn  //  Take the 212th St. Exit  //  Turn RIGHT onto 212th St.  //  Turn RIGHT onto W. Valley Hwy / 68th Ave S. //  Turn RIGHT Onto 208th St.  Take a LEFT at the "V" in the driveway.



For more information contact:
  
WA Aggregates & Concrete Association
22223 7th Avenue So.
 Des Moines, WA  98198
 ph. 206.878.1622
fx. 206.878.6282

Saturday, May 1, 2010

Encylopedia.com AND Google Search Results for MSHA FBI Investigation:

Here is a link to a great search engine called: Encyclopedia.com

http://www.encyclopedia.com/searchresults.aspx?q=MSHA


From Google:

Massey, Federal Officials Investigated In Mine Blast

NPR - Howard Berkes - ‎12 hours ago‎
The sources also say the probe also includes possible bribery of employees of MSHA, the federal agency that inspects coal and other mines and enforced ...

DEVELOPING: MSHA, Massey Energy Under Possible FBI Bribery Investigation

HNN Huntingtonnews.net - Tony Rutherford - ‎9 hours ago‎
Late Friday afternoon, April 30, a federal law enforcement source denied that the MSHA is part of the UBB mine disaster investigation. ...

FBI Said to Conduct Criminal Investigation of Massey Explosion

Bloomberg - Mario Parker, Justin Blum - ‎18 hours ago‎
... are among the top 20 in the US ranked by the number of “significant and substantial” violations accrued since January 2009, according to MSHA data. ...

Bribery allegation in mine WV probe

The Guardian - ‎21 hours ago‎
When last we spoke of this general matter, the subject of why MSHA, the mine safety and health administration, didn't do more to prevent such disasters was ...

Massey Responds to MSHA Press Release Regarding Surprise Inspections

PR-USA.net (press release) - ‎Apr 30, 2010‎
Massey Energy Company today responded to MSHA's press release earlier today entitled "Hazard complaints result in surprise inspections at 3 Massey-owned ...

MSHA Inspectors May Have Been Bribed

West Virginia MetroNews - ‎Apr 30, 2010‎
ABC Radio reports an FBI Investigation is underway into allegations federal mine inspectors may have taken bribes ahead of the Upper Big Branch Mine ...

FBI Reportedly Launches MSHA-Massey Bribery Investigation

WOWK - ‎Apr 30, 2010‎
Massey Energy officials told NPR they did not know about the allegations, but that the company would fully cooperate with the investigation. MSHA did not ...

NPR: FBI probing possible bribery of mine safety officials in W.Va. disaster

USA Today - ‎Apr 30, 2010‎
... cooperating with any investigation. MSHA, the federal agency that inspects and regulates mining, has yet to respond to a request for comment, NPR says.

US Sued by Widows Over Massey 2006 Coal Mine Fire Deaths

BusinessWeek - Chris Stratton, Margaret Cronin Fisk - ‎Apr 29, 2010‎
MSHA found at least 20 specific safety violations that contributed to the accident that killed Mr. Bragg and Mr. Hatfield,” according to the complaint. ...

Former miner says FBI investigation is 'long over due'

West Virginia Public Broadcasting - Jessica Y. Lilly - ‎20 hours ago‎
April 30, 2010 · News of the FBI investigating Massey Energy, and the federal MSHA office for allegations of bribery, are bringing hope ...

Massey Energy To Bid On Idled Washington County Mine

WPXI Pittsburgh - ‎20 hours ago‎
Massey acknowledged MSHA found conditions that didn't meet company or industry standards. But Massey denied MSHA's assertion there was a fire at one of the ...

FBI Probing US Officials And Massey, Owner Of W. Va. Mine Where 29 Died

NPR (blog) - Howard Berkes, Dina Temple-Raston - ‎Apr 30, 2010‎
NPR has reported that Massey Energy and MSHA were the subjects of investigations. NPR News has learned that the Mine Safety and Health Administration is one ...

Massey Energy (MEE) Slammed On Reports of FBI Investigation

StreetInsider.com (subscription) - ‎Apr 30, 2010‎
The mining company has been cited on several occasions for violations of the safety standards set by the MSHA, and rumors have been swirling that mine ...

Massey, mining regulator under FBI probe: report

Reuters - John Gress, James Vicini - ‎Apr 30, 2010‎
... was the result of "willful disregard" for safety regulations but acknowledged that eight Massey mines were targets for an inspection "blitz" by MSHA. ...

FBI interviews Massey employees in mine blast probe

CNN (blog) - Brantley Foster - ‎12 hours ago‎
To my mind, it'll be tough for the gov to show that the consequences of whatever oversight they finger as the root cause of this were Rx Fx. If it ends up ...

Prosecutors Investigating Coal Company

Los Angeles Times - ‎16 hours ago‎
Washington…The Justice Department has launched a criminal investigation of the explosion at Massey Energy's Big Branch mine in West Virginia, ...

Mining Notes: Second Miner Dies in Ky., Massey Under Criminal Probe, Potential ...

FairWarning (blog) - Bridget Huber - ‎Apr 30, 2010‎
Rescue workers recovered the body of a second coal miner killed in a collapse at a Kentucky mine with a history of safety ...

Mine Blast That Killed 29 Prompts FBI Inquiry

New York Times - Ian Urbina - ‎18 hours ago‎
WASHINGTON — The FBI has interviewed more than 20 employees of Massey Energy in a criminal investigation of the explosion that killed 29 of ...

Hazard complaints result in surprise inspections at 3 Massey-owned mines

PR-CANADA.net (press release) - ‎Apr 29, 2010‎
The US Department of Labor's Mine Safety and Health Administration today announced that MSHA inspectors responded to three separate anonymous complaints ...

FBI interviews nearly 2 dozen Massey employees

The Associated Press - Pete Yost - ‎19 hours ago‎
WASHINGTON — The FBI has interviewed nearly two dozen current and former employees of Massey Energy Co. in a criminal probe of the West Virginia mine ...

Justice Dept. investigating W.Va. mine explosion

Washington Post (blog) - Jerry Markon, Ed O'Keefe - ‎22 hours ago‎
By The Post's Jerry Markon and Ed O'Keefe: The Justice Department is conducting a criminal investigation of the explosion that killed 29 people at a West ...

Massey Energy shares fall on report of FBI probe

MarketWatch - Steve Gelsi - ‎22 hours ago‎
SAN FRANCISCO (MarketWatch) -- Shares of Massey Energy fell as much as 9% Friday after the company said media reports of a ...

Upper Big Branch mine remains unsafe for investigators

Beckley Register-Herald - Mannix Porterfield - ‎Apr 29, 2010‎
Within the past few days, Massey Energy and MSHA have engaged in a war of words over safety issues at the mine leading up to the explosion. ...

FBI Investigating Fed Officials And Massey Energy Over Possibly Bribery

Huffington Post (blog) - ‎Apr 30, 2010‎
NPR News reports that the FBI is investigating the possible bribery of federal officials overseeing mining industry regulation by Massey Energy, ...

Massey shares drop on report of FBI probe

MarketWatch - Wallace Witkowski - ‎Apr 30, 2010‎
SAN FRANCISCO (MarketWatch) -- Shares of Massey Energy Co. (NYSE:MEE) dropped Friday following a National Public Radio report that the coal mine operator is ...

Mine Owner, Safety Agency Face Federal Inquiry

NPR - ‎Apr 30, 2010‎
The Mine Safety and Health Administration is the subject of a federal criminal investigation following the explosion at the Upper Big Branch mine in West ...

Massey mine still not safe for investigators to enter

istockAnalyst.com (press release) - ‎Apr 29, 2010‎
MSHA and the state Office of Miners Health, Safety and Training are investigating. Additionally, Gov. Joe Manchin appointed longtime mine safety advocate ...

FBI investigating W.Va. mine blast

UPI.com - ‎2 hours ago‎
WASHINGTON, May 1 (UPI) -- The FBI has interviewed more than 20 Massey Energy employees in a criminal investigation into the explosion that killed 29 West ...

Mine blast inquiry

Sarasota Herald-Tribune - ‎9 hours ago‎
The Justice Department has launched a criminal investigation of the April 5 explosion at Massey Energy's Big Branch mine in West Virginia, law enforcement ...

Massey under FBI investigation for possible negligence

Pittsburgh Tribune-Review - Brian Bowling - ‎12 hours ago‎
Brian Bowling is a Pittsburgh Tribune-Review staff writer and can be reached at 412-325-4301 or via e-mail. ...



1 2 3

MSHA Under FBI Investigation:

May 1, 2010

DEVELOPING:
MSHA, Massey Energy Under Possible FBI Bribery Investigation
Case Originated in US Attorney’s Office in WV

By Tony Rutherford
Huntingtonnews.net Reporter

Washington, DC (HNN) – National Public Radio has reported that the FBI is looking into “possible bribery of employees of the Mine Safety and Health Administration” in connection with “potential criminal negligence on the part of Massey Energy.” The company owns the Upper Big Branch mine near Beckley, W.Va., where on April 5 twenty-nine miners lost their lives.

Massey Energy issued a statement that they have “no knowledge” of criminal wrongdoing, adding, “It is not uncommon that an accident of the size and scope of UBB would lead to a comprehensive investigation by relevant law enforcement agencies.”

The Los Angeles Times has reported that the Justice Department had stepped into the mining tragedy and that the case “originated in the U.S. attorney’s office in the Southern District of West Virginia.” Both the U.S. Attorney for the Southern District (who referred questions to the Justice Department) have declined comment.

According to the NPR report and one by the Associated Press, about two dozen current and former employees of Massey have been interviewed in connection with the criminal investigation.

Late Friday afternoon, April 30, a federal law enforcement source denied that the MSHA is part of the UBB mine disaster investigation. “I can say that there’s an investigation but it’s not about them (MSHA),” the report said. However, NPR “stands by” its earlier report.

NPR discovered the criminal investigation after one of their reporter’s tried to interview a miner. The miner said he could not talk because he was “being interviewed by an FBI agent and an investigator from MSHA.”

Previously released MSHA documents showed that two “special investigations” were launched in 2009 concerning the UBB mine. Though, the so-called “preliminary special investigations” are referenced in MSHA records, there was no documentation provided on how these probes --- which generally open criminal investigations --- were closed.

“We are not sharing special investigation data with anybody right now,” said Kevin Stricklin, MSHA coal administrator. “That’s private,” the Charleston Gazette reported.

Contradicting the Massey Energy response that “it is not uncommon” for relevant law enforcement agencies to be involved, Tony Oppegard, a former senior official of MSHA and a former mine safety prosecutor in Kentucky, told NPR that FBI involvement in a mine disaster is “extremely rare. I’ve never heard of it before.”

The NPR story and updates can be found by clicking here: http://www.npr.org/blogs/thetwo-way/2010/04/fbi_probing_fed_officials_and.html. The LA Times story can be found at: http://www.latimes.com/news/nationworld/nation/wire/sc-dc-massey-investigation-20100430,0,7650481.story.

Massey CEO Don Blankenship will be interviewed on Decision Makers which airs Sunday morning, May 2 at 8 a.m. on various West Virginia Media Holdings television stations. Blankenship said, in part in the interview, “ Our people know we do not condone anything like that… something of the nature described by National Public Radio would be very serious.”

Sharpe's Point and Other Recent Articles:

Sharpe's Point

A couple of days ago, Jim Sharpe posted his latest newsletter. It is full of new investigative information, including an in-depth explanation of the MSHA Office of Accountability. MSHA denies having a citation quota for inspectors, but the way that the Office of Accountability is set up, the inspectors get audited and this puts pressure on some of them to increase the number of tickets that they write. To learn more, click on Sharpe's Point to get the details.

Jim Sharpe, a watchdog for the mining industry, also wrote a great articles in this month's newsletter on the Upper Big Branch disaster, the HELPS committee hearing, and possible enforcement consequences as a result. This is all great stuff to know. Jim has the best inside scoop out there, and his website is his job, so everything is up-to-date.  Google:  Sharpes Point.com



Links to Recent Articles Regarding MSHA:

"An Uphill Battle for an Underground Issue",
by: Tina Grady Barbaccia

http://www.aggman.com/agg-beat/


"Taking Inventory"
by: Peter Gould
http://www.aggman.com/rock-law-taking-inventory/