A Resource Blog on MSHA and Above Ground Aggregate Mines

Navigating This Website:

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


______________________________________________

Sunday, January 31, 2010

No More Good Guys to Help?

MSHA is planning to remove the Small Mine Compliance positions (guys like Evan Church, in our local area). This means that you will no longer have somebody available to come out and look over your site and give you safety tips who actually works for MSHA.

Here is the link to the MSHA Small Mine Office website:
http://www.msha.gov/smallmineoffice/smallmineoffice.htm

Following is an excerpt from a letter written last March by Mike Davis, (the interim head of MSHA before Joe Main). It was in response to the outcry from small mine operators about MSHA inspectors:

"As government officials, we all have a duty to treat every member of the public professionally and with dignity and respect. We must develop and implement the most effective ways to produce the ultimate result - saving lives and preventing injuries and illnesses. We will use all of the tools available to us to achieve this result, including firm and fair enforcement, education and training, and technology."

Is that attitude now changing with the new director installed? What about the education and training part of that paragraph for those with small mines? Is MSHA more interested in handing out violations than in safety training? MSHA's funding has been expanded by millions of dollars in the past year, so why are they deleting the Small Mine Compliance people? I'm just wondering about the reasoning behind MSHA's decision in this matter.

Webcast to be held Monday, Feb 1st:



(This meeting was held as scheduled, and the discussion and other information are at the bottom of this post.)

On Monday, February 1, Secretary Solis and DOL agency heads will unveil President Obama’s fiscal year 2011 budget for the Department of Labor via live Web chat from 1 to 3 pm EST. Built around the vision of “Good Jobs for Everyone,” the budget launches innovative ways to prepare workers for 21st Century jobs, and makes new investments in worker protection programs. Stakeholder groups, the general public and the news media are encouraged to participate by submitting questions through e-mail, Twitter and telephone.

http://www.dol.gov/budget/chat-solis.htm#protections

2011 DOL Budget -

Live Q&A Session

NOTE: If you are unable to access the live chat window, please go to the static comments page and refresh the page for new comments.

Schedule


How to Participate:

  • Enter your question directly into the live chat window below
  • Use the hashtag #DOLBUDGET on Twitter
  • Call our National Contact Center at 1-866-487-2365
  • E-mail us at webmaster@dol.gov

Workforce Investment Chat Participants:


Worker Protections Chat Participants:



Follow-up Information on the meeting above:

Summary of the meeting, regarding the MSHA portions, submitted by a reader of this website. (Thank you very much, by the way!):

On Monday February 1, 2010 Secretary of Labor Hilda L. Solis released the 2011 Budget Request of $13.98 Billion, of that $360,780,000 is for MSHA.

In FY 2011, MSHA proposes to improve safety and health conditions in the mining workplace by:

* Targeting the most common causes of fatal accidents;

* Reducing health risks;

* Improving training of new and inexperienced miners and contractors;

* Targeting the most egregious and persistent violators;

* Improving impoundment safety;

* Improving MSHA and mining industry emergency response preparedness; and

* Protecting miners’ rights against discrimination for reporting hazardous conditions.

Secure Safe and Healthy Workplaces, Particularly In High-Risk Industries:

MSHA contributes directly to the attainment of safe and healthy workplaces by its efforts to reduce mining fatalities and serious injuries and illnesses, which are reflected in its performance indicators below. MSHA’s fatality rate calculates the number of fatalities per 200,000 hours worked over a five-year period in the mining industry. The following indicators for safer mining workplaces will be measured in FY 2011:

Enforcement:

Five-year rolling average of fatal injuries per 200,000 hours worked

Percent of inspector respirable coal mine dust samples exceeding the applicable standard for Designated Occupations

Percent of noise exposures in coal mines above the citation level

Percent of Metal and Nonmetal Mines conducting their own silica dust surveys and noise evaluations for miners

Improve the Timeliness of Discrimination Complaint Investigations:

Percent of investigations of miner discrimination complaints that are completed within 60 days of receipt

Percent of investigations of miner requests for temporary reinstatement that are completed within 20 days of receipt

MSHA will implement several initiatives to reach the targets for its performance indicators and achieve its high priority goal to Reduce Workplace Deaths. MSHA has evaluated the historical data and will target the 24 most frequently cited standards that cause or contribute to fatal accidents. MSHA intends to enhance enforcement to target these violations of the identified standards and concurrently develop and implement training strategies for improving compliance. MSHA will enhance its efforts to screen mine operators for potential patterns of violations which most frequently cause or contribute to fatal accidents and require that mine operators who are found to have a potential pattern of violations develop and implement an ongoing comprehensive safety and health management program that targets the reduction of conditions which most frequently contribute to significant accidents.

MSHA will contribute to the attainment of healthy workplaces by its efforts to reduce miners’ exposure to coal and silica dust and other health hazards. MSHA will address respirable coal dust by the development and implementation of a comprehensive black lung strategy which involves rulemaking, education and training, health outreach, and enhanced enforcement. These efforts will include using focused audits to target the most egregious and persistent violators by aggressively investigating and acting on unlawful respirable dust sampling practices. MSHA will increase the surveillance in the metal and nonmetal mining sector.

Voice in the Workplace:

Miners will be encouraged to report any hazardous conditions that they encounter via telephone or by using the Hazardous Condition Complaint form located on MSHA’s internet site. MSHA will improve its process to investigate miners’ discrimination complaints and complete investigations of knowing and willful violations.

MSHA expects that by implementing these initiatives it can effect significant and measurable reductions in mining deaths and health risks.

_____________________

During a Web chat on Monday 2/1/10 Secretary Solis and Joe Main, the Assistant Secretary of MSHA answered the following questions about the MSHA budget;

[Comment From Guest Guest: ]

Could you comment specifically on the budget for MSHA and what the goal there is?

Secretary Solis:

MSHA's goals are to reduce deaths, injuries and diseases from mining. The MSHA budget is constructed to support a number of safety and health initiatives, and assure that MSHA can implement the Mine Act to address these goals.

[Comment From Ken Ward Jr. Ken Ward Jr.: ]

Could you outline how the proposed budget affects MSHA and ongoing efforts to eliminate black lung disease and do away with mining deaths?

Secretary Solis:

The budget is designed to carry out implementation of the Mine Act. That includes complete inspections of mines (including health inspections). MSHA has launched a special program to End Black Lung and is launching another focused on prevention of mining deaths. Both programs include education and improved enforcement

[Comment From Kathy Snyder MS&HN Kathy Snyder MS&HN: ]

Perhaps you would give us a run-down on prospects for miner safety and health in 2011?

Joe Main:

In FY 2011, MSHA will improve safety and health conditions in the mining workplace by targeting the most common causes of fatal accidents, reducing health risks, and improving miners training. We will also focus on improving impoundment safety as well as emergency response preparedness. The budget is designed, fundamentally, to assure implementation of the Mine Act – including complete inspection of all mines. The 2011 budget will permit MSHA to continue and expand efforts to end black lung disease and prevent fatalities.

[Comment From James Sharpe James Sharpe: ]

How much money has been set aside for the state grants training program?

Joe Main:

The 2011 Budget includes $8,441,000.00 for state grant assistance, and $500,000.00 for Brentwood-Sago Grants.

[Comment From Bruce Bruce: ]

The budget proposal includes an increase of $4 million for the Mine Safety and Health Administration. Can you identify the MSHA programs that will be increased and by what amount?

Joe Main:

The program increases will incur in the metal and non-metal program, the Office of Standards, the Technical Support program, and the programs responsible of MSHA's computer systems and technology.

[Comment From James Sharpe James Sharpe: ]

Is there an increase in the budget for enforcement and, if so, by how much? Please break down the answer by Coal vs. Metal/Non-Metal.

Joe Main:

The budget request includes an increase of 4.8 million dollars for MSHA enforcement programs. The Coal Program has an increase of $397,000; the metal / non-metal program received an increase of 3.5 million, and the Office of Standards grew by $841,000.

[Comment From Kathy Snyder Kathy Snyder: ]

For Joe Main: I sent this Q in to Secy Solis, too, but it seems there was not enough time for her to answer it. The MSHA budget calls for eliminating the Small Mine Safety office that provides consultation to small mine operators who usually don't have their own professional health and safety personnel. This is $2.3 m and 21 FTE. Is MSHA still going to be able to assist these mines, and if so, how?

Joe Main:

Yes, MSHA believes that assistance to small mines is needed, and we are making changes to improve that assistance. Personnel from the Small Mines Office and the work they are doing will be integrated throughout the Agency. This will bring small mines assistance closer to the mines and the mine operators.

Small mines assistance expertise will be delivered primarily through our coal and metal / non-metal program areas. We have initiated discussions with the mining community to improve the quality and value of this important area of work.



The Chat:

http://www.dol.gov/budget/chat-solis-static.htm

The Budget:
http://www.dol.gov/dol/budget/2011/PDF/CBJ-2011-V2-12.pdf

Monday, January 25, 2010

Congratulations to OIAA Board Member Dan Kauffman:

OIAA Board Member Dan Kauffman

Oregon Independent Aggregate Association founding board member Dan Kauffman is the Owner/Operator of DK Quarries, Inc. in Lincoln City, Oregon.

In October, Dan attended the MS & H training in Savanna, Georgia held by Safe Pro, Inc. Dan was selected by his peers as the Most Promising Safe Production Officer in the class! Cary and I and the membership at OIAA are very proud of Dan for his outstanding performance.

There are a few more institutes coming up this year, one in just a few days, Feb. 8-12. The next one will be held May 10-14. To find out more, see the Safe Pro, Inc. website or call 1-828-766-6611.

Thursday, January 21, 2010

In the News:

Safe Pro, Inc. currently has so much news on their website that I encourage you to click on their link and read all of it. http://safeproinc.com/


Here is another very important piece of information from Safe Pro, Inc's website that is a must read:

"6 More Provisions About the Proposed S Miners Act That You Should Know"
http://safeproinc.com/6_more_provisions_about_the_prop._minersact_you-should_know.htm

HUGE NEWS from Jim Sharpe and Safe Pro, Inc :

MSHA's March 15th Enforcement Initiative:
http://safeproinc.com/msha_march_15_enforcement_initia.htm


Here is a copy of the letter that the North Carolina Aggregate Association sent to their Congressmen. They are encouraging your association to use it as a guideline to write your own letter. Thank you to Safe Pro, Inc's website for this information.
http://safeproinc.com/msha_letter_to_congresspoeple.htm





Have you guys seen this yet? If you have material stockpiled and claim it as inventory, you will have to pay taxes on each individual pile.

This article is from the December 2009 issue of The Concrete Producer and is titled: Is the Tax Man Coming?

http://www.theconcreteproducer.com/industry-news.asp?sectionID=1427&articleID=1151383

Blasting Contractors Getting Squeezed:
http://rockproducts.com/drilling-blasting/rock_blasting_contractors_0110/

MSHA Marks 40th Anniversary:

http://greglemke.wordpress.com/2009/12/30/msha-marks-40th-anniversary-of-landmark-mine-legislation/

Interview with Joe Main:
http://blogs.wvgazette.com/coaltattoo/2009/11/20/joe-main-outlines-priorities-for-msha/

Joe Main Promises Law and Order:
http://rockproducts.com/safety/rock_new_safety_sheriff/

Expect Enforcement:
http://www.aggman.com/expect-enforcement/

Breaking News from MSHA: Black Lung is Bad

http://thepumphandle.wordpress.com/2009/12/03/breaking-news-from-msha-black-lung-is-bad/

Straight Talk on Safety:
http://www.aggman.com/straight-talk-on-safety/

Paper Paper Everywhere:

http://www.aggman.com/paper-paper-everywhere/

D-Paper D-Ciphered:
http://www.aggman.com/d-paper-d-ciphered/

The Art of Air Sampling:
http://www.aggman.com/the-art-of-air-sampling/

MSHA Liability for Injuries:
http://www.pitandquarry.com/pitandquarry/Law/MSHA-liability-for-injuries-8212-a-continuing-saga/ArticleStandard/Article/detail/283020?contextCategoryId=579&searchString=MSHA

MSHA's Mythical Documents:
http://www.pitandquarry.com/pitandquarry/Law/MSHAs-mythical-documents/ArticleColumn/Article/detail/68709?searchString=MSHA

MSHA Enforcement in 2009:

http://www.pitandquarry.com/pitandquarry/Features/MSHA-enforcement-in-2009/ArticleStandard/Article/detail/582621?contextCategoryId=46769&searchString=MSHA


Who Investigates MSHA?:

http://www.pitandquarry.com/government/laws-regulations/who-investigates-msha