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Section: 56.14100c / 56.14132a / 56.14101a2 / 56.14100c
Date: 04/28/2011
District: NC
Negligence: High
Injury or Illness: Unlikely
Injury or illness could be expected to be: Lost Workdays or Restricted Only
Significant and Substantial: No

Condition or Practice: Citation #1
The brake lights on the Fiatallis FC 85 was not functional at time of inspection, This condition exposes operator of other equipment to the hazard of not having a warning when the grader makes sudden stops. which could result in injuries to both operators.

Citation #2
The horn nor the back up alarm was working on the Fiatallis FC 85 road grader. This condition give no warning to other equipment or miners in the area. this condition exposes miners to the hazards of be run into.

Citation #3
The parking brake on the Fiatallis FC 85 road grader used to grade road ways on the mine site was not functional at time of inspection. This condition exposes the operator of the hazard of the brakes not holding in the event of an emergency.

Citation #4
The tie rod end on the left side of the Fiatallis FC 85 road grader had movement by hand of 1/4 to 3/8 of an inch up and down. This condition exposes the operator to the hazard of loosing control of the grader, causing injury to the operator.

Action to Terminate: Removed Fiatallis FC 85 from site.

Why this concerns you: The reason this concerns us is that this equipment was tagged out with a sign on the door handle indicating this equipment was "out of service". The inspector continued to push the issue of doing an inspection of this equipment due to it being on site. After much discussion we had an employee do a walk around inspection, during which he recorded all the safety and mechanical issues that were found. All issues were documented during the walk around and it was determined by the miner that the equipment could not be operated until all of the issues were corrected. Even after all this effort to convince the inspector that we would not, could not, and should not operate this equipment until corrections were made, the inspector proceeded to write 4 citations related to this out of service piece of equipment. Only after we removed the equipment from the site did the inspector terminate the citations.
Inspectors should not have the authority to push through procedures that were in place with the intent to write citations on items that were already noted by the miners as needing correction.

Abatement Suggestions From Industry

Did you have documentation as to why the equipment had been put out of service? Under 56.14100(d) if a correction cannot be made immeadiately it must be recorded and kept on site until the defect has been corrected. This prevents operators from tagging out equipment while MSHA is there to avoid inspection.

- posted on 04/29/2011

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