Aggregates Manager

April 2014

Aggregates Manager Digital Magazine

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AGGREGATES MANAGER April 2014 26 50 regulations states that "some types of 'injuries which have a reasonable potential to cause death' include concussions, cases requiring cardio-pulmonary resuscitation (CPR), limb amputations, major upper body blunt force trauma, and cases of intermittent or extended unconsciousness." 71 Fed. Reg. 71430, 71434 (Dec. 8, 2006). Examples from case law have generally followed suit with the examples listed in the Pream- ble. Instances where an injured miner requires CPR generally requires immediate reporting. See Cougar Coal, 25 FMSHRC at 520; Pennsy Supply Inc., 34 FMSHRC 3211 (ALJ Koutras, December 2012); E.S. Stone & Structure, Inc., 33 FMSHRC 515 (ALJ Augustine, January 2011). An immediately reportable injury was found due to major blunt force trauma in Lattimore Materials Co., LP, 29 FMSHRC 835 (ALJ Melick, September 2007). In that case, three miners were struck by a 4,200-pound shaker deck as it was being installed. One of the miners exhib - ited signs of shock, his skin was pale, and he was disoriented. In Mainline Rock & Ballast, Inc. v. Secretary of Labor, 693 F.3d 1181 (10th Circuit 2012), an immediately reportable accident was found when a miner was pulled into a conveyor, lost conscious- ness, and required the administration of oxygen. Cases where no immediately reportable accident was found also help illuminate the meaning of the term. For example, in Cemex Construction Materials of Florida, LLC, 34 FMSHRC 1408 (ALJ McCarthy, June 2012), a miner sustained a shock from contact with 240 volts, but no injury which has a reason- able potential to cause death was found because he never lost consciousness, sustained nothing more than a minor shoulder injury, and remained lucid, coherent, and ambulatory. The ALJ noted that neither the incidence of an electrical shock nor the requirement for off-site medical treatment, by itself, renders an injury as one that has a reasonable potential to cause death. Similarly, in Newmont USA Limited, 32 FMSHRC 391 (ALJ Manning, April 2010), no immediately reportable injury was found when a miner sustained a broken leg, but never lost con - sciousness and remained clear and coherent. Finally, in Cemex, Inc., 35 FMSHRC 1355 (ALJ Miller, May 2013), no imme- diately reportable injury was found when a miner involved in an electrical incident was temporarily blinded by arc flash and received burns to his hands and face, but never lost conscious- e-mail: or visit Call 800-430-4540 "The Story of Cubee the Aggregate" Coloring Book Cubee and his aggregate friends take children on a magical journey from the quarry to the community to see how aggregates are used in our schools, roads, and structures. It's a great story combined with 20 pages of coloring fun. For students in grades K-3. Prices range from $1.20-$1.85 per book, based on quantity. Customize books with your company logo! "You're on Rock" Workbook Twenty pages of earth science facts, activities and puzzles help junior geologists, mining engineers and earth scientists learn about aggregates. For students in grades 4-6. Prices range from $1.20-$1.85 per book, based on quantity. Customize books with your company logo! Cubee the AggMan T-shirts Fun for kids of all ages, this 100% pre-shrunk cotton t-shirt is a long-lasting reminder of your event or presentation. Sizes: Youth XS (2-4); Small (6-8); Medium (10-12); Large (14-16); Adult Small (34-36) Price: $6.95 per t-shirt (plus 15% shipping & handling). Quantity discounts available. O 100 so makes learning fun! shipping & handling). Cubee the AggMan C onnect with the youth of your community through education. Whether you are sponsoring an open house or presenting in the classroom, Aggregates Manager community outreach tools make learning fun. 7H[W,1)2WRRUYLVLWZZZDJJPDQFRPLQIR

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