MSHA INSPECTIONS TERMS AND THINGS YOU SHOULD KNOW

MSHA INSPECTIONS TERMS AND THINGS YOU SHOULD KNOW

SUPERVISORY RESPONSIBILITIES and LIABILITIES:

Mine operators are strictly liable. MSHA assesses civil fines for “knowing” violations to operators and their (AGENTS) Under Section 3(e) of the Mine Act of 1977 an AGENT is… any person charged with responsibility for the operation of all or a part of a mine or the supervision of the miners in a mine.

ARE YOU AN (AGENT)? __Ask yourself these questions: __ Do you supervise other miners? Can you hire, fire, evaluate or discipline other miners? Can you take action to abate a violation? Can you change a miner’s job Do you conduct mine examinations that require you to be certified.

Why does it matter? n n INDIVIDUAL CIVIL LIABILITY (FINES) CRIMINAL LIABILITY (FINES) and/or (JAIL)

YOU SHOULD n n Speak to MSHA inspectors in their own language. Inspectors speak fluent 30 CFR, and you should too. Try to imagine how an Inspector sees you and your operation. Ask yourself, how does this look to MSHA.

MSHA Inspectors n n Treat MSHA inspectors like law enforcement officers. Treat Inspectors with respect. Maintain a professional relationship. You are free to respectfully disagree, but DO NOT ARGUE WITH AN INSPECTOR.

Basics of MSHA n n n MSHA inspectors are people too, but they are not your friend. MSHA inspectors have an obligation to enforce the law. That’s their job. MSHA inspectors can use any statements you make against you. Your statements are evidence.

What does “knowing” mean? n n A violation is “knowing” if: You have such information that would “lead a person exercising reasonable care to acquire knowledge of the fact in question or to infer its existence. ”

More about “knowing” n n n Ask: Did you see it? Did someone tell you about it? Should you have seen it? Should you have asked about it? If you answered “Yes” to any of the questions above, MSHA may consider the violation to be “knowing. ”

What does “willful” mean? n n A violation is “willful” if it is: Done knowingly and purposefully by a person who, having a free will and choice, either intentionally disobeys the standard or recklessly disregards its requirements.

“Reckless disregard” n The “closing of eyes” to or deliberate indifference toward the requirements of a mandatory safety standard which the Operator or his Agent should have known and had reason to know at the time of the violation. ”

AGGRAVATED CONDUCT n More than ordinary negligence, intentional misconduct, indifference, a serious lack of reasonable care.

The Leading Causes of Criminal Investigations and Prosecutions: n n RECORD FALSIFICATION FALSE STATEMENTS CONSPIRACY OBSTRUCTION OF JUSTICE

RECORD- KEEPING n n If MSHA requires you to keep a record then MSHA has the right to look at it. Records are a double-edged sword… Never alter, change, modify or destroy a required document. The truth will not set you free, but lying is much, much worse.

The music is "Deborah's Theme" by Ennio Morricone. Theme is from the movie ”Once Upon a time in America" by Sergio Leone