Pit & Quarry, November 2009

November Ad Index Advertiser Page Phone Web Site AZFAB pg 39 866 616 9351 www arizonafine com Bauma 2010 pg 15 49 89 949 11348 www bauma de Bridgestone Firestone Off Road Tires pg 17 800 905 2367 www bfor com Cardinal Scale Manufacturing Co pg 7 800 441 4237 www yukonscale com Caterpillar pg 2 3 309 675 1000 www cat com CCI Conveyor Pulleys pg 12 704 982 9555 www ccipulley com Colorado Stone Sand Gravel Assn pg 34 303 771 5107 www cssga org CompuWeigh pg 38 203 262 9400 www compuweigh com Deister Machine Co Inc Back Cover 260 426 7495 www deistermachine com Eagle Crusher pg 23 800 25 EAGLE www eaglecrusher com Eagle Iron Works pg 43 515 243 1123 www eagleironworks com Fenner Drives pg 41 800 243 3374 www fennerdrives com Foothills Steel Foundry Ltd pg 18 888 783 3544 www foothillssteel ca Glenn Miller Consulting Geologist pg 14 800 USA 3981 Hazemag pg 27 724 439 3512 www hazemag com John Deere Construction Inside Front Cover 800 532 3373 www johndeere com Kleemann Wirtgen America pg 25 615 501 0602 www wirtgenamerica com Luff Industries Ltd pg 8 888 349 5833 www luffindustries com Marco Conveyors pg 37 800 777 5852 www marcosolutions net Masaba Inc pg 5 877 627 2220 www masabainc com McLanahan Corp Inside Back Cover 814 695 9807 www mclanahan com Power Transmission Solutions pg 10 11 866 743 4392 www emerson ept com Sealmaster PR Engineering Ltd pg 31 905 579 9721 www prengineering com Precision Pulley Idler pg 33 800 247 1228 www ppipella com REMco pg 35 925 447 0805 www remcovsi com Stedman Machine Co pg 30 800 262 5401 www stedman machine com Telsmith pg 22 262 242 6600 www telsmith com Terex Canica pg 21 888 571 8352 www terexcanica com Terex Cedarapids pg 21 800 821 5600 www terexcedarapids com Terex Simplicity pg 21 989 288 3121 www terexcimplicity com TorcUP Industrial Bolting Tools pg 14 888 TorcUP 1 www torcup com Williams Patent Crusher pg 29 314 621 3348 www williamscrusher com Law Continued from page 42 Committee indicate that with the opportunity to present information operators who have contested have been able to demonstrate on average that proposed penalties were almost twice as high as they should have been Contested penalties were reduced by 45 percent in 2009 according to available information In many instances adjustments were made to findings such as significant and substantial and penalties on S S citations have been reduced by 47 percent this year in contested cases Charges of high negligence were also frequently reduced and penalties dropped by 51 percent on contested high negligence citations Almost 30 percent of charges of unwarrantable failure were vacated or reduced and penalties dropped by 54 percent in relation to unwarrantable failure charges Other inspector findings have been adjusted as well These changes in favor of operators cannot happen without MSHAs agreement on an individual case basis It is unfortunate that little opportunity remains for informal review and pre contest adjustment of citations but it is extremely fortunate that Congress provided for final determinations on citations and penalties to be the province of an independent commission 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 ADVERTISING INFORMATION Pit Quarry magazine is the leading information source for the aggregates industry and the marketshare leader among industry publications in terms of advertising sales If youd like to join the growing list of companies that place advertising in Pit Quarry contact Publisher Rob Fulop at 800 669 Rob Fulop Dino Vitanza 1668 x3741 rfulop@ questex com or Sales Manager Dino Vitanza at x3744 dvitanza@ questex com Dino can also help if you would like to place a classified ad in the magazine or on the Pit Quarry web site E NEWSLETTER P Q Weekly Report offers more information than ever before including the latest industry news as well as links to feature stories columns blog entries and an equipment focus each week Join the 5000 subscribers who have personally requested it Sign up now on the Pit Quarry web site at www pitandquarry com www pitandquarry com November 2009 PIT QUARRY 47