Aggregates Manager

March 2014

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35 AGGREGATES MANAGER March 2014 ROCKLAW Mar-Land also refused to find that the miner was impaired as a result of the cocaine in his system. There, the judge found that "there was no evidence in the record that the level of [the me- tabolite of cocaine] was sufficient to significantly impair [his] concentration and ability to properly secure his safety belt." Even if an employee is impaired, if the operator lacks ad- equate training programs or fails to enforce its policies, the court may still find that operator negligent. The case of Weath- ers Crushing, Inc., 22 FMSHRC 1032 (August 2000), should serve as a cautionary tale. It was an employee's first day at the portable crushing facility, and someone else instructed him to use the head of a sledgehammer to clear blockages in the crusher. Later, while clearing the crusher with a sledgehammer, the employee was injured and subsequently died. Marijuana and a pipe were recovered from his pockets, and a hospital drug test indicated marijuana and benzodiazepines in his system. Be- cause the judge found the operator failed to properly train the miner, the new employee's intoxication was irrelevant. In contrast, having a strong training program that is duly en- forced lessens the risk of being found negligent for an intoxicat- ed miner's violation. In Newmont Gold Co., 20 FMSHRC 561 (May 1998), a haul truck driver backed through a berm at an elevated dumpsite. The post-accident drug test yielded positive results for marijuana. MSHA cited Newmont for the driver's failure to maintain control of the mobile equipment, and the judge upheld the violation. The judge, however, commended Newmont for its enforcement of its drug-free policy and noted the operator was "clearly seeking more help from MSHA" to "achieve its worthy goal of a drug-free workplace." No doubt in response to Newmont's drug-free policy, the Judge affirmed the Secretary's negligence designation of "none." Logically, MSHA and operators should still approach mari- juana as an illegal drug that has no place on a mine site. Federal law prohibits marijuana possession and use, regardless of state laws that may decriminalize marijuana. Under the Controlled Substances Act, 21 U.S.C. § 812, marijuana is classified as a Schedule I controlled substance. U.S. Department of Trans- portation (DOT) regulations require drug and alcohol testing and prohibit the use of Schedule I substances for any reason. In mining, safety is everything. Operating a federally regu- lated mine means that marijuana use by miners is still unac- ceptable. And now more than ever, an operator's training and employment policies must be strong, clear, and equally enforced. Operators should review their existing policies and, if necessary, clarify that marijuana use will not be tolerated in the workplace. AM IT WILL CHANGE YOUR JOB SITE Time wasted replacing pumps and performing maintenance on your lube equipment - or cleaning up dreaded oil spills - slows down your job site and costs you money. That's why Sage Oil Vac lube equipment features "no pump" designs that use low pressure compressed air to vacuum used oil and dispense new oil. Vacuum load product tanks up to 15 gallons per minute make for fast fluid changes and an enclosed clean system reduces the chance of spillage - making it safer for your employees and the environment. It's why Sage Oil Vac is fast becoming the preferred lube equipment of construction sites worldwide. Full Line of High-Quality Lube Equipment: • MOBILE LUBE TRUCKS • MOBILE LUBE TRAILERS • MOBILE LUBE SKIDS • LUBEBUILDER SERIES 877-OIL-VACS • WWW.SAGEOILVAC.COM 7H[W,1)2WRRUYLVLWZZZDJJPDQFRPLQIR

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