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Section: 56.14101a2
Date: 04/12/2011
District: SC
Negligence: Moderate
Injury or Illness: Unlikely
Injury or illness could be expected to be: Fatal
Significant and Substantial: No

Condition or Practice: The parking brake on the Euc R35 haul truck (unit #005) that hauls from the plant to the stockpile area would not hold on the maximum grade it traveled. This condition exposes miners to a hazard of unexpected movement of equipment.

Action to Terminate: The parking brake has been repaired. This citation is hereby terminated

Why this concerns you: This entire brake system had been replaced on this truck 3 weeeks prior. The haul truck driver and rolling stock supervisor/mechanic has been checking this brake to make sure everything was working properly and, in fact, had checked it again that morning on a grade fully loaded and had no problem with the brakes. We disagree that because the brakes had been changed and were being checked daily, it should not be "moderate" negligence. The inspector's only argument was that there have been too many of these type arguments so he won't mark any of them as "none" or "low" negligence. Also we disagreed that the injury or illness could reasonably be expecte to be is "fatal." The inspector had already stated the gravity was unlikely and that it was a Non S & S. Our belief is that what could reasonably be expected to be would be "no lost workdays" or "lost workdays or restricted duty" because the truck driver will be wearing a seat belt and is cautiously watching to make sure the new brakes are working correctly. It is reasonably likely to expect that the only "incident" that might occur would be for the truck to move down the grade until he engages the other brakes. He also has chocks and would be using them whenever he gets out of the truck. The inspector said that if someone walked in front of the truck while the driver was not in it, and the new brakes let go, it would cause a fatality. He would not discuss the question of whether that could be reasonably expected to happen.

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