Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/632397
AGGREGATES MANAGER / February 2016 41 tarily and intentionally and not because of mistake or other innocent reason. Section 110(e) imposes criminal penalties of up to $1,000 and six months imprisonment for providing advance notice of a mine inspection, and § 110(f) imposes criminal penalties of fines up to $10,000 and imprisonment of up to five years for the falsification of any documents required under the Mine Act. Previously, criminal charges in addition to § 110(c) civil monetary penalties were rare. Now, the DOJ/DOL initiative may increase the likelihood that DOJ will prosecute safety- related violations and add additional criminal charges to § 110(c) cases. These additional criminal charges could in- clude felonies, as the announcement of the initiative noted that safety statutes only impose misdemeanors. Recently, Donald L. Blankenship, the former CEO of Massey Energy, was found guilty in federal court of conspiring to commit mine safety violations, a misdemeanor charge carrying a maximum sentence of one year in jail. While he was ac- quitted of other more onerous felony counts, his prosecution illustrates the increased potential of criminal charges for mine safety violations. Defending against criminal charges in federal court brings the stress of threatened fines and jail time, and the legal fees required to defend against federal criminal charges are daunting. Obviously, all operators and agents want to avoid even the potential of § 110(c) violations and criminal charges. The best way to do this is to train for and carefully manage MSHA inspec- tions and investigations. Agents must know their rights and responsibilities when dealing with MSHA. Although § 110 investigations pose the most obvi- ous risk, any interaction with MSHA can lead to citations and charges. For example, statements made to MSHA during any type of special investiga- tion, even investigations of discrimination complaints, can be used for indictment of criminal charges against the agent. Any investigation launched by MSHA can have seri- ous consequences for an operator and its agents. The new initiative highlights this and threatens more severe consequences. Operators, therefore, must manage interac- tions with MSHA in a way that exposes their agents to the least liability possible and should seek representation dur- ing any investigations. Charges can often blindside agents as conflicting interpretations may exist regarding whether a violation occurred under the Mine Act. Because the re- percussions of MSHA inspections can go beyond monetary penalties levied against the operator and can lead to felony charges and jail time for agents, operators, and their agents should be prepared moving forward into 2016. AM B E K A - L U B R I C A T I O N S P E C I A L I S T S S I N C E 1 9 2 7 1 . 8 8 8 . 8 6 2 . 7 4 6 1 w w w. b e k a - l u b e . c o m Beka-Max auto-lube is built to take the bumps and grinds of a hard-working life on the road or off. Give your fleet the solution that keeps them on the job. • Cast aluminum base withstands impacts and hot/cold cycles without leaking • No springs - eccentric gear drive resists wear, fatigue and cold • Consistently precise grease dosing Find out why industries are choosing today's best-built auto-lube systems. Call 1.888.862.7461 or email us at info@beka-lube.com. 1 . 8 8 8 . 8 6 2 . 7 4 6 1 Cast aluminum base withstands impacts No springs - eccentric gear drive resists BEKA-MAX SYSTEMS TAKE A THUMPIN' & KEEP ON PUMPIN' Untitled-18 1 1/20/16 9:47 AM