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

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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


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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.

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