Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/468886
35 AGGREGATES MANAGER March 2015 there is documentation to support what efforts were made to correct a condition and when. Also, if it is determined that a condition existed for a period of time, make sure there is documentation to support if such delay was caused by unavoidable events or due to prioritizing correction of more significant conditions first. This type of information will assist the mine operator in addressing why mitigating factors were present should an inspector make assump- tions about the mine management's knowledge at the time of inspection when the condition is cited. As far as the gravity findings are concerned, determine as much as possible about the length of time the condition existed. If it did not exist long, then there would be limited exposure to the hazard. Also, calculate how many persons would be exposed to the condition; if the likelihood of the injury is low; and if such injury would not be serious. A question to keep in mind would be how many "ifs" must oc- cur before an injury would result during the course of normal min- ing operations. The inspector's theories should be discussed at the time of issuance to talk through any misconcep- tions being made at that moment. These issues are what inspection escorts and safety personnel should be considering while the inspection is tak- ing place or as soon thereafter as possible. Generally speaking, this is why maintaining records is so important. At the time of the inspection, it is strongly recommended to take notes of what the inspector did, what he or she looked at, who the inspector talked to at the mine, and what was said. Focus your efforts on facts — try not to generalize. Be sure to accurately document witness names, inspector comments, descriptions of the area, and any pertinent measurements. Also, note the time, relevant equipment involved, and include as precise of a location as possible. Specifics are critical: take measure- ments, sample results, and provide numeric data whenever applicable. The notes taken by anyone for the operator should be as thorough and accurate as possible. Quote word for word. It is not helpful to add opinions or editori- alized remarks. This type of documentation is often times discoverable in subsequent litigation, so it is important to keep it fact-based. The old adage is true: a picture is worth a thousand words. If it is possible to take photographs, definitely do so. However, make sure you also document when you take the photos and note as much detail as you can about who took them, when they were taken, and what they depict. Many inspectors will make assumptions about facts regarding conditions that are observed. Be sure to docu- ment any assumptions that an inspector may make and, if the situation presents itself, point out to them that they are making assumptions and indicate clearly why you dis- agree. For every citation, stop and identify the evidence. In addition, arrange abatement efforts after the con- dition has been clearly identified and the inspec- tor discusses what was cited and why. The tips and suggestions offered in this article are by no means an ex- haustive list of what should be done to gather evidence during an MSHA inspection. There are many ways to approach an inspection, and the relationship that mine personnel has with each individual district is valuable. However, bear in mind that, to the extent a dispute over an alleged viola- tion would end up in court, recreating the events from what occurred during an inspection or track- ing down the relevant information is much more difficult a year or even six months later when the citation is assigned to a docket and the litigation process begins. Furthermore, settlement negotiations are much more successful when MSHA knows that an operator has the appropriate evi- dence to support its position. Not only does information win cases when the parties are at an impasse in court, but even beforehand. Once lawyers become involved, direct and clear evidence helps to reach a resolution much more quickly. AM ROCKLAW