Aggregates Manager

April 2014

Aggregates Manager Digital Magazine

Issue link:

Contents of this Issue


Page 28 of 35

27 AGGREGATES MANAGER April 2014 ROCKLAW 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 ness and remained clear and coherent. An operator has a reasonable opportunity to investigate an event to determine whether an immediately reportable accident occurred prior to the onset of the duty to report. Consolidation Coal Co., 11 FMSHRC 1935, 1938 (Review Commission, Oc- tober 1989). Such an internal investigation must be conducted "in good faith without delay." Consolidation Coal, 11 FMSHRC at 1938. In the context of an injury which has a reasonable po- tential to cause death, the Review Commission has observed that "the decision to call MSHA cannot be made upon the basis of clinical or hypertechnical opinions as to a miner's chance of survival." Cougar Coal, 25 FMSHRC at 521. Rather, the deci- sion must be made based on "what a reasonable person would discern under the circumstances." Cemex Construction Materials, 34 FMSHRC at 1433. The Review Commis- sion has recognized that this decision must be "made in a matter of minutes after a serious accident." Cougar Coal, 25 FMSHRC at 521. Despite every precaution taken, serious injury at the worksite can occur. Mine operators should familiarize them- selves with the examples in the case law on what constitutes an "injury which has a reasonable potential to cause death," so that, in the unfortunate event of an injury, they adequately comply with any duty that may arise to immediately report the incident to MSHA. AM

Articles in this issue

Links on this page

Archives of this issue

view archives of Aggregates Manager - April 2014