Aggregates Manager

January 2018

Aggregates Manager Digital Magazine

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AGGREGATES MANAGER / January 2018 37 or two existing regulations are eliminated to make room for a new standard. Second, MSHA will likely begin to work with operators to ensure the protection of all miners instead of simply empha- sizing compliance above all else. While compliance implies safety, it is important to realize that they are separate sides of the coin that need to be addressed by the industry. As such, we expect an increase in MSHA training materials and guidance documents similar to the MSHA guarding presentation that was published in October 2012. We also expect MSHA to establish a conference process prior to issuance of penalties, wherein operators will have a chance to discuss and address any safety issues with MSHA before penalties are issued. This cooperation with MSHA does not end with compliance. It will likely extend to MSHA working with individual mines instead of lumping the entire industry together. Thus, we anticipate a return to the development and implementation of mine plans arising from an operator-specific approach where there is a fair weighing of all evidence concerning the suitability of the plans for the par- ticular mine, rather than a one-size-fits-all approach. This cooperative-based approach will be further necessitated by the potential changes to agency deference. As historically established, courts are required to defer to an agency's interpre- tations of its own regulation "unless that interpretation is plainly erroneous or inconsistent with the regulation." This is generally known as Chevron and Auer deference. However, on Jan. 11, 2017, H.R. 5 – Regulatory Accountability Act was introduced in the House and would repeal both Chevron and Auer. Without the unbridled ability to both promulgate and interpret its own laws, it will be imperative that MSHA work with industry to find common ground in regulatory interpretation or otherwise become suscep- tible to legal challenges. Finally, at his confirmation hearing, Zatezalo expressed support for rebuilding and reorganizing MSHA. This would likely include a much-needed reallocation of resources. From 2011 to 2014, there was an 18-percent decrease in the number of coal mines throughout the United States. Despite the substantial decline in the number of coal mines, the amount of money and number of inspectors allocated to inspect those mines has re- mained fairly consistent. MSHA should work to move personnel to other areas of need and increase training for all inspectors. Proper training and the appropriate allocation of personnel will enable MSHA to enhance safety in all mines through improved inspections and cooperation with operators. Because of the ease in which this can materialize, it is highly likely that this type of administrative reform will be the first order of business for Zatezalo. Only time will tell how much, or how quickly, regulatory overhaul and compliance assistance will occur. AM Hit the road with: collect them all! Flexible payment plans Downtime reimbursement Online certificates Flexible payment plans Downtime reimbursement Online certificates Hit the road with: collect them all! Protecting the rig that runs your business! Protecting the rig that runs your business! Protecting the rig that runs your business! Protecting the rig that runs your business! Progressive Casualty Ins. Co. & affi liates. All coverage subject to policy terms. 1-800-PROGRESSIVE 1-800-PROGRESSIVE PROGRESSIVE.com

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