{"id":240805,"date":"2016-11-18T06:00:03","date_gmt":"2016-11-17T20:00:03","guid":{"rendered":"http:\/\/www.saipantribune.com\/?p=240805"},"modified":"2016-11-18T06:00:03","modified_gmt":"2016-11-17T20:00:03","slug":"better-late-never-2","status":"publish","type":"post","link":"https:\/\/www.saipantribune.com\/index.php\/better-late-never-2\/","title":{"rendered":"Better late than never"},"content":{"rendered":"

Editor\u2019s Note: This article is being published in three parts due to its length.<\/em><\/p>\n

Second of a three-part series<\/strong><\/p>\n

Besides classroom instruction, the indoctrination has been taken directly to the mine sites, where MSHA inspectors have been conducting Compliance Assistance Visits, CAVs. During a CAV, an inspector writes citations for alleged violations, just as he or she would during a normal inspection, but no fines are assessed. There is a distinct training component to the exercise, as many inspectors offer explanations on the spot for why he or she believes a condition is hazardous and thus a potential violation.\u00a0<\/p>\n

According to MSHA\u2019s Data Retrieval System and information we received through a Freedom of Information Act request, the agency has conducted 35 CAVs in the territories through Nov. 9. Five CNMI mines received CAVs last May. From March through September, 10 of 14 mines in Guam were CAVed, while during the same time period seven of eight mines in American Samoa were visited. We should note that the DRS listings appear to be a work in progress, as only seven mines in Samoa were listed there, yet an eighth that was associated with two different identification numbers showed up among Samoan mines given us through our FOIA submittal. For the CNMI, just one mine appeared in the DRS versus five through the FOIA initiative; for Guam, 11 of 14 mines appeared in MSHA\u2019s computerized database.\u00a0<\/p>\n

While the mock enforcement exercises surely will aid operators by revealing shortcomings in their safety programs, training and processes, they could also open up the agency to charges of unfairness. Three mines received their first-ever CAV visits in September, just over six months before the hammer drops on them next April. In contrast, nine mines were first visited in March, giving them a six-month head start over their presumptive competition.<\/p>\n

Perhaps more troubling, inspectors visited some mines multiple times. Four mines in Guam received two CAVs.\u00a0\u00a0The mines are Hawaiian Rock Products\u2019 Fidian, JMC Equipment Rental\u2019s JMC, and eponymous operations run by Primet Rock and Smithbridge Guam. CTC Construction\u2019s CTC#1 Mine in American Samoa was also visited twice, while three other operations in Samoa got an astounding three CAVs: McConnell Dowell\u2019s quarry, Paramount Builder\u2019s paramount crusher and Samoa Maritime\u2019s Faga\u2019Alu Mine. In many cases, MSHA justified the multiple visits by noting that they were done under different owners, but one has to wonder how much could really have changed on the ground even under new ownership.<\/p>\n

Main\u2019s observation about the \u201cprimitive\u201d mining environment certainly holds up from the many deficiencies noted on the CAV paperwork. From our FOIA request came information about 14 CAVs (we asked for all such encounters from Jan. 1, 2015, through Sept. 9, 2016, but received 10 fewer CAVs than were actually done during this period). Numerous alleged deficiencies regarding guarding, mobile equipment, electrical hazards, failure to perform mandatory examinations and the like were reminiscent of deplorable conditions at some U.S. metal\/nonmetal mines in the second half of the 20th century.<\/p>\n

For instance, at one CNMI mine, 68 CAV notices were written; at another, 60. At a third CNMI mine, where 54 CAV notices were prepared, the inspector wrote, \u201cMoving machine parts are not guarded. Electrical problems throughout. Mobile equipment has numerous defects, including brake issues. Lack of ROPS identification tags and lack of seatbelts. 10 miners have not received their complete part 46 training but all went through OSHA required training. PPE is provided and observed being worn. Fall protection was located lying on the ground at shop area. Attempt safety talk with the miners. Unknown if they know English very well.\u201d<\/p>\n

At this same location, the inspector observed a miner killing the engine of a front-end loader by cutting off its fuel after reaching into the engine compartment from the rear of the vehicle because the fuel shutoff switch in the cab was nonfunctional. To one photo of a machine he added this tagline: \u201cCAT 950 front end loader believe homemade ROPS.\u201d<\/p>\n

At a Samoan operation, 54 CAV notices included, but were not limited to, the following:<\/p>\n

\u2022 \u00a0broken window and broken, deteriorated chairs, ladders and metal structures
\n\u2022 \u00a0missing electrical cover plates
\n\u2022 \u00a0lack of fall protection when working near the edge of the highball
\n\u2022 \u00a0no fire extinguisher during welding
\n\u2022 \u00a0opening in the floor of the crusher work platform
\n\u2022 \u00a0no hazard communication program, training plan, competent person or workplace examination system
\n\u2022 \u00a0lack of continuity and resistance testing of the electrical grounding system<\/p>\n

At many sites, the number of CAV notices would have been higher, but the inspector grouped them into categories; i.e., guarding, electrical, mobile equipment, etc.<\/p>\n

To be continued<\/strong><\/p>\n

James Sharpe (Special to the Saipan Tribune)<\/strong><\/p>\n

James Sharpe, a certified industrial hygienist, is the former vice president of Safety and Health Services for the National Stone, Sand & Gravel Association, a trade group based in the Washington, D.C. area that supports the U.S. aggregate mining sector.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Editor\u2019s Note: This article is being published in three parts due to its length. Second…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[14311,26,51,4942],"class_list":["post-240805","post","type-post","status-publish","format-standard","hentry","category-opinion","tag-cav","tag-cnmi","tag-guam","tag-msha"],"_links":{"self":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/240805","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/comments?post=240805"}],"version-history":[{"count":0,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/240805\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media?parent=240805"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/categories?post=240805"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/tags?post=240805"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}