Pit & Quarry, January 2011
Law Continued from page 44 simply who examined what and when MSHA would have added a fourth requirement of recording what was found This was a drastic change and it was met with an immediate firestorm of industry protest The effort to impose such a new requirement was subsequently abandoned As a result the MSHA Program Policy Manual presently explains the records requirement this way These records must include 1 the date the examination was made 2 the examiners name and 3 the working places examined There is no allusion to a requirement to record conditions That would have been an appropriate end to the story were it not for a curious recent MSHA Program Policy Letter which once again attempted to state a requirement for recording conditions MSHA inspectors started enforcing this right away and once again there was immediate industry protest which got MSHAs attention Conclusion A good regulatory program is successful when regulators are able to foster genuine respect for the law among those in the regulated community If MSHA wants to do everything in its power to secure successful mine operator compliance with its rules MSHA must be mindful of its own obligations to follow all of the rules governing the creation and enforcement of rules Anything less will seriously undermine the mine safety enforcement program PQ LAw Legal editor Michael T Heenan is an attorney at Ogletree Deakins Nash Smoak Stewart one of the nations largest labor and safety law firms He can be reached at michael heenan@ odnss com January Ad Index Advertiser Page Phone Web Site Brunner Lay pg 20 800 872 6899 www brunnerlay com Deister Machine Co Inc Inside Front Cover 260 426 7495 www deistermachine com Derrick Corp pg 11 716 683 9010 www derrickcorp com Eagle Iron Works pg 39 515 243 1123 www eagleironworks com Fenner Dunlop pg 25 800 661 2358 www fennerdunlopamericas com Fisher Industries pg 23 800 932 8740 www fisherind com Kemper Equipment pg 33 610 273 2066 www kemperequipment com Kleemann Wirtgen America pg 37 615 501 0602 www wirtgenamerica com Loup Electronics pg 32 877 489 5687 www loupelectronics com Luff Industries Ltd Inside Back Cover 888 349 5833 www luffindustries com Masaba Inc pg 5 877 MASABA 0 www masabainc com McLanahan Corp pg 3 814 695 9807 www mclanahan com Metso Minerals Industries Inc pg 27 800 558 6818 www metso com Orica Back Cover 812 256 7800 www oricaminingservices com Philippi Hagenbuch Inc pg 15 800 447 6464 www philsystems com Polydeck Screen Corp pg 17 864 579 4594 www polydeckscreen com Power Transmission Solutions pg 9 866 743 4392 www emerson ept com REMco pg 29 925 447 0805 www remcovsi com Superior Industries Inc pg 19 800 321 1558 www superior ind com conexpo Tabor Machine LLC pg 31 304 431 4100 www elginindustries com Tandem Products Inc pg 26 800 533 0509 www tandemproducts com TCI Manufacturing Equipment Sales pg 35 815 379 2090 www tcimfg com Telsmith pg 13 262 242 6600 www telsmith com Terex Cedarapids pg 7 800 821 5600 www terexcedarapids com Valvoline pg 43 800 354 9061 www valvolinehd com Williams Patent Crusher pg 41 314 621 3348 www williamscrusher com ADVERTISING INFORMATION Pit Quarry magazine is the leading information source for the aggregates industry and the market share leader among industry publications in terms of advertising sales If youd like to place advertising in Pit Quarry contact Publisher Rob Fulop at 800 669 1668 x3741 rfulop@ questex com or Sales Manager Dino Vitanza at x3744 dvitanza@ questex com www pitandquarry com January 2011 PIT QUARRY 47
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