"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: shamner@washingtonconcrete.org 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: bchattin@washingtonconcrete.org  //  206-571-3395    WA Aggregates & Concrete Association 22223 7th Avenue So.  Des Moines, WA  98198  ph. 206.878.1622 fx. 206.878.6282 www.washingtonconcrete.org

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. ...

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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/

Full Committee Hearing - Putting Safety First: Strengthening Enforcement and Creating a Culture of Compliance at Mines and Other Dangerous Workplaces

Link to HELPS Hearing on Safety:
http://help.senate.gov/hearings/hearing/?id=1c73dd04-5056-9502-5d66-5b82b85e591d


Link to Joe Main's Testimony:
http://help.senate.gov/imo/media/doc/Main.pdf


Link to Sen. Tom Harkin's Facebook Page:
http://www.facebook.com/home.php?#!/tomharkin

See the video of this hearing tomorrow at 2:00 ET:

Full Committee Hearing - Putting Safety First: Strengthening Enforcement and Creating a Culture of Compliance at Mines and Other Dangerous Workplaces

Date:

Tuesday, April 27 2010, 2:00 PM

Place:

430 Dirksen Senate Office Building

Witnesses

Panel I

• Joe Main , Assistant Secretary of Labor for Mine Safety and Health, Washington, DC

Panel II

• Cecil Roberts , President, United Mine Workers, Triangle, VA
• Jeff Harris , Mine Worker, Farley, WV
• Wes Addington , Deputy Director, Appalachian Citizens’ Law Center, Whitesburg, KY
• Bruce Watzman , Senior Vice President, Regulatory Affairs, National Mining Association, Washington, DC

Panel III

• David Michaels , Assistant Secretary of Labor for Occupational Safety and Health, Washington, DC

Panel IV

• Peg Seminario , Director of Safety and Health, AFL-CIO, Bethesda, MD
• Holly Shaw , Philadelphia, PA
• Dr. Michael Brandt , Board President (2010-2011), American Industrial Hygiene Association, Los Alamos, NM
• Kelli Heflin , Coordinator of Regulatory Compliance and Safety Manager, Scott’s Liquid Gold, Denver, CO

Washington D.C. Meeting:

This is from the April 2010 OIAA Newsletter. I am posting it here so that you can use it as an idea for your state or region. ~ Kathy

OIAA Director, Dan Kauffman has been working with Jim Sharpe of Sharpe’s Point: The Newsletter on Safety and Health in Mining regarding a meeting between Matt Bormet of Senator Ron Wyden’s office in Washington D.C. and Mr. Sharpe.

Following is a summary of Jim’s meeting notes, along with suggestions for Mr. Wyden’s office to consider.

“What MSHA is doing today is deeply troubling. The heavy hand of enforcement is hitting the small mines, who do not have deep resources. We are looking for a win-win scenario for everybody involved.

There are unintended consequences to the MINER Act that has been passed by Congress. Mines have become safer, but MSHA has taken enforcement to the extreme. Economic survival is the issue now. Money spent on excessive fines is no longer available for capital investment, job hiring, raises, 401K’s, health benefits, and sometimes even safety improvements. There is also the hidden cost of abatement.

Did Congress intend for any federal agency to exert this level of influence over such a vital sector of the economy? There is anger toward MSHA, and a backlash is coming. MSHA is making the federal government look bad.

To turn this around, we are asking Sen. Wyden’s office to hold a hearing in Washington D.C. that is exclusively for Metal/Non-Metal, and build momentum for changing the civil penalty structure in that area of mining. We ask that you invite Oregon and other Pacific Northwest producers to testify at the hearing. Also, please direct MSHA to not terminate its Small Mine Office program. Ask them to expand it instead. In addition, we are asking Mr. Wyden’s office to do all they can to limit the fallout to the aggregate sector from the Big Branch tragedy. We urge you to oppose the expansion of the S-MINER legislation beyond coal mines.”

A Ready Made Letter to the Editor :

Jim Sharpe has written the following for Aggregate Producers to submit to their local newspaper editors. Please make sure to give him credit by mentioning the information in the white box below.

MSHA WOUNDS ITSELF WITH DECISION

TO DROP SMO

MSHA has shot itself in the foot with its decision to eliminate its Small Mine Office (SMO).

SMO is an important player within MSHA because of the vital role it plays in providing compliance assistance to small mines, especially in the dimension stone, sand & gravel and quarry sectors. It also helps make mines safer. Its demise will leave a serious void in MSHA’s resources for helping small mine operators.

MSHA’s decision is a self-inflicted injury for several reasons. First, MSHA’s own data show SMO to be effective. In a self-evaluation released in 2008, the Office reported a 66% decline in the fatal incidence rate among mines it had served over the previous 5-year period. SMO’s performance was sufficiently impressive to elicit a strong expression of praise recently from the agency’s own top policy official, Deputy Assistant Secretary Greg Wagner.

Thousands of small mines around the country don’t need Wagner to tell them what they already know: SMO is a valuable asset and a ray of sunshine amidst the otherwise dark shadow MSHA has been casting of late. As we reported last month, 15 of 16 small operators who have used SMO reported being very pleased with the service. In a web-based poll this month, 34 of 40 respondents did not favor SMO’s elimination.

The decision also makes the agency look bad because of the bumbling way MSHA went about it. In January, an agency spokesperson said SMO will not be “dismantled.” At the same time, the agency gave at least four different reasons why it was looking at alternatives. MSHA also said SMO’s compliance assistance function would continue.

But just days after promising not to terminate the Office, the agency released its FY 2011 budget justification statement to Congress. It carried a line item stating that SMO would go, effective Oct. 1. At the same time, the agency did not adequately explain how SMO’s critical compliance assistance functions would continue.

MSHA said the 21 staffers at SMO would be assigned to enforcement and litigation duties within MSHA’s six metal/non-metal districts. That change highlights another reason the decision is bad. Assigning compliance assistance responsibilities to enforcers won’t work. MSHA’s inspectors are not dedicated to compliance assistance. Enforcement is their mantra, their bread and butter, how they will ultimately be evaluated. Any responsibility on top of that is apt to be seen as an imposition and resented.

Nor can operators on the receiving end of this repackaged “compliance assistance” be expected to take it well. Handing someone several thousand dollars in citations does not create a healthy atmosphere for a teachable moment.

Just ask any newspaper that decides to run it to run this credit line: Adapted from an article published in Sharpe's Point, a mining trade publication.

James Sharpe, CIH
Sharpe Media, LLC
Publisher of Sharpe's Point, The Newsletter on Safety and Health in Mining
4519 34th St. S.
Arlington, VA 22206-1914
703-379-0652 (o)
914-840-0716 (f)
sharpemedia@verizon.net or grosharp@msn.com
www.sharpespoint.com

HONK SO YOU DON'T GET FINED:

Remember to honk your horn if you move your vehicle (car, pickup, truck, loader, etc.) when you move either forward or backward at your mine site. Also, even personal vehicles need to be chocked when you are in the mining area. The rules say that if you are on flat ground, you don't need to, but do it anyway because some inspectors are handing out citations even then.

In addition, make sure that your toilets are flushed. Apparently, "if it's yellow, let it mellow" does not fly with some MSHA inspectors. Speaking of bathrooms, another operator who had 3 guys out in the woods rock crushing got fined for not having an outhouse available.

Keep the garbage can lids in your break room covered at all times. An Oregon mining operation got a ticket for an empty potato chip wrapper in an uncovered kitchen garbage can. True story.

Then MSHA complains that everybody is fighting their citations and clogging up the court system for years. Even the little tickets above can go toward a Pattern of Violations history.

Presidental Speech:

Here is the MSNBC link to President Obama's speech on Thursday, April 15, 2010 regarding the latest underground coal mine tragedy and how MSHA should have more power:

http://www.msnbc.msn.com/id/21134540/vp/36557921#36557921

Link to NY Times Article on MSHA and the latest coal mine disaster:

Here is a link to the NY Times article on MSHA and the latest mine disaster. What do you think about this article? Is MSHA using it to let American’s know how kind they have been in letting things slide? Is MSHA trying to play the victim here? Will this help MSHA enforce the "S Miner’s Act"? While the sand, gravel and crushing operations are racking up tickets for unflushed toilets and potato chip wrappers in garbage cans for their pattern of violations; apparently the huge companies have gotten a pass, according to parts of the NY Times article.

MSHA's Kevin Stricklin speaks at a press conference.

http://www.msnbc.msn.com/id/36364165/ns/us_news-the_new_york_times/

"The agency can seek to close mines that it deems unsafe and to close repeat offenders, but it rarely does so. The fines it levies are relatively small, and many go uncollected for years. It lacks subpoena power, a basic investigatory tool. Its investigators are not technically law enforcement officers, like those at other agencies, including the Food and Drug Administration and the Environmental Protection Agency.

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And its criminal sanctions are weak, the result of compromises over the 1977 Mine Act that created the agency. Falsifying records is a felony, for example, while deliberate violations of safety standards that may lead to deaths are misdemeanors."