Area businesses address Turner on safety inspections

Approximately 10 people representing Highland County area mines and quarries met with Congressman Mike Turner Thursday in the office of the Highland County commissioners regarding difficulties they have been experiencing with mine inspections. 

Turner spent a good portion of his day in Highland County, beginning by addressing the Greenfield Rotary Club, and touring McClain Schools, and Greenfield area businesses.

Diana M. Jones, president of Ohio Asphaltic Limestone/Miller-Mason Paving, began the discussion, which also included commissioners Shane Wilkin and Tom Horst, and representatives from Ervin Hill Enterprises, Hanson Aggregates, Hudson Drilling, and a mine owned by Ronald and Troy Main. Jones said all the businesses have been having issues with inspections from Mine Safety and Health Administration, and most of their concern is regarding the consistency of the inspections. 

Each of the mines indicated they have had issues where they receive no citations from one inspector, and then months later with no changes to the environment or equipment, they will receive multiple citations from a different inspector. 

Jones said that most of the inspectors are courteous and competent, but there have been some instances where a particular inspector has refused to follow the rules of the private mine and issued citations she said seemed unreasonable, and seem inconsistent with citation criteria. Representatives from the other mines have had similar experiences.

Turner asked if there were multiples inspectors across the board who were the issue, or if it was one particular inspector. After discussion amongst themselves, the representatives realized that in many instances they have had the same inspector. 

Wilkin, who said he had previously worked for Ervin Hill Enterprises for a number of years, explained to turner than once the mines receive a certain number of "S and S" citations, which stands for serious and substantial, the fines on the citations become more substantial. Fines that initially were a few hundred dollars become fines in the range of thousands of dollars, up to $15,000.

Turner asked if speaking to the division manager in charge of the inspectors would be helpful in addressing the consistency of the inspections. Jones said they had tried that and that he had sided with the inspectors. Additionally, she said when she contacted the person in charge he referenced a law suit the mine had filed challenging what they felt was an unfair citation and said, "You're the mine who has trouble with inspectors."

According to Jones, "I said, 'In 75 years, we've had trouble with one inspector. Now that I've met you, two.'"

Tom Hudson said that in six years his company had received only one to two citations. "During the last inspection, I had six."

Because Hudson's company works with the other mines, it was explained, he travels to various other mines, and could be expected at different mines on different days. He said there is the potential he could receive multiple citations on multiple days in one week.

Smaller companies with access to less funds cannot challenge each citation in court, the representatives said.

Turner noted that the mine representatives all wanted their mines to be safe for their employees and it did not seem they were looking to avoid citations that were justly issued, rather they were looking for consistency and respect. Turner said it appears the inspectors are not looking to make the mines safer, rather, "they are looking to be punitive. That doesn't help with safety and that doesn't help protect jobs."

Turner said he felt that from the discussion he felt his office had a good place to start, and sometimes by his office merely showing interest he could help a situation.

After 55 years of business he said, "One more S and S would put me out of business."

Bobby Rhoads of Hanson Aggregates said that he was told by an inspectors, "The only way we'll learn is from monetary loss."

Rhoads said that he knows the goal with each of the mines, "Is for our people to go home safe every night."