Opportunity for comments

According to Ellen Smith at Mine Safety and Health News, MSHA
is soliciting comments on Section 2 of the Mine Improvement and New Emergency Response Act of 2006 (MINER Act). Section 2 of the Miner Act addresses Emergency Response Plans. Comments must be received by July 5, 2006. So, speak up, or forever hold your peace. Your comment?

Cement in the news

Hmmmm, there may be trouble in Texas. A state legislator has asked the Texas attorney general to investigate alleged "predatory" price undercutting in the El Paso concrete market by Mexico-based Cemex, in an alleged attempt to force competitors out of this market. A Cemex official has of course called the allegations "baseless" and "meritless." Predatory price undercutting and dumping doesn't happen in the cement market, does it? Your comment?

Fatality #s 13-15

Wow. MSHA is reporting three fatalities in the past month. On May 26, a 58-year-old contractor dozer operator, with 12 years experience, was fatally injured at a phosphate operation. The victim was operating a dozer to push top soil into a water filled pit that was being reclaimed. A portion of the bank and stockpile collapsed, causing the dozer and victim to slide into the water. On June 12, a 39-year-old plant operator, with 14 months experience, was fatally injured at a crushed stone operation. The victim was starting to repair a hydraulic line on a front-end loader that was parked outside of the shop. He was underneath the raised boom, loosening a hydraulic connection, when the boom arms fell, pinning him against the frame. On June 21, an electrical fatality occured in Washington, although no details are available as yet. Even one fatality is too many. Three in a month is unacceptable. Your comment?

Chinese equipment

There is an interesting debate going on in the aggregates industry. The two sides that have staked out their turf include the side that wants to stop Chinese-made equipment from flooding the U.S. market whatever the cost, and the side that believes in global commerce, and accepting Chinese equipment as the byproduct of free and open markets. Well, the side that wants to discredit Chinese equipment may have found an unlikely ally in the AFL-CIO. The union giant is asking Americans to "take action to protect America’s jobs and stop the unconscionable abuse of workers by the Chinese government." According to the association, two years ago, the AFL-CIO filed a petition with the U.S. Trade Representative (USTR) charging the Chinese government’s denial of workers’ rights creates an enormous and unfair trade advantage that has cost America’s workers more than a million jobs. They are asking for signatures on a petition that shows the cost America’s workers pay because of China’s human rights violations. If you wish to sign the petition, click here. If you're a strong believer in global markets, I'd love to hear your opinion. Your comment?

 

Having a blast

A recent article in the Rockford Register Star detailed the complaints of local residents after a blast at a plant owned by Rockford Sand and Gravel. (Blasting is done at the quarry by a subcontractor, Miller’s Blasting Service.) You see this kind of article time and time again in local papers all over the U.S.: Quarry is bad, neighbors are mad. I'm waiting for the first article that reads something like, "Local quarry celebrates 500th blast without incident: Neighbors express appreciation for great corporate neighbor." Yeah, and the moon is made out of swiss cheese. Your comment?

Limiting the Clean Water Act

The Supreme Court, in a landmark ruling the could benefit the aggregates industry, tossed out previous rulings against two Michigan residents who wanted to fill in wetlands they owned near Lake St. Clair in Macomb County. John Rapanos wants to put a shopping mall on his property, which is about 20 miles from the lake and June Carabell wants to build condos on wetlands she owns about a mile from the lake. The Supreme Court ruled that lower courts must reconsider whether ditches and drains near wetlands are actually waterways. Overall, the decision favors limiting federal jurisdiction under the Clean Water Act. One thing is ultimately clear: the court ruled that the federal government overstepped its authority when attempting to regulate wetland areas. And any ruling that limits federal authority is a good thing these days. Your comment?

Survey results

Do you know what a podcast is? We need you to tell us so. Please go the Pit & Quarry web site and take our 60 second survey. It only takes about, oh, 60 seconds. Your input will help us develop our strategy for electronic media products. Thank you for taking the time.

Pit & Quarry Index

Well, the numbers are in, and the Pit & Quarry Index for June (to be published in our July issue) is 231. This is the highest number ever recorded for the index. While industry stocks have taken a tumble, other economic indicators are strong, leading to this month's strong showing. The recently released production report from USGS indicated record first-quarter production. This most-recent Pit & Quarry index is an early indication that next quarter's production statistics will be good as well. Your comment?

MINER not so finer

According to Ellen Smith of Mine Safety and Health News, The MINER Act is now law. It was signed by President Bush yesterday. U.S. Secretary of Labor Elaine L. Chao issued the following statement: “The Mine Improvement and New Emergency Response Act is the most significant mine safety legislation in nearly 30 years. It builds upon efforts by the Mine Safety and Health Administration to improve mine safety nationwide, and calls for the modernization of safety practices and development of enhanced communication technology. We need to do everything we can to continue to improve safety in our nation’s mines so miners can return home safely to their families at the end of their shifts.” Interesting to note: On Pit & Quarry's web site, our most recent survey question asks if the new bill will improve safety. As of the moment, answers are running 75%-25% against. Your comment?

Fatality #12

It didn't take long for the industry to register Fatality #12. On May 22, a 42-year-old maintenance journeyman, with 15 years mining experience, was fatally injured at a crushed stone operation. The victim and two co-workers were changing screens at the plant. The screens were placed on a wooden platform and a forklift was used to raise them about 17 feet. The victim climbed over a handrail onto the raised screens. After doing this, the screens flipped off the forks and he fell to the ground. Your comment?

Stickler gets stuck

It looks like Richard Stickler's nomination as the new Assistant Secretary of Labor -- MSHA, has hit a wall. Republicans scrapped a vote yesterday on President Bush's pick to head the agency after it became clear he did not have enough support to win Senate approval, according to a report in the Associated Press.. Democrats mostly oppose Stickler's nomination, saying he has failed to demonstrate that safety is his top priority. Many republicans also oppose his nomination, however the ones who support it say that, in addition to managing coal companies, Stickler has worked as a miner and headed Pennsylvania's mine safety agency. We'll see where it goes from here. Your comment?

Construction materials price hike

For years, the industry couldn't get a break on price increases. Things are a little diferent today. "Get used to higher materials cost inflation," Ken Simonson, Chief Economist for The Associated General Contractors of America, warned. Simonson commented after the Bureau of Labor Statistics issued its report on the producer price index (PPI) for May. "Overall, producer prices are remaining well behaved, with only a 0.2 percent increase in May and a 1.5 percent increase in the last year, outside of food and energy," Simonson noted. "But the PPI for construction materials and components jumped 1.2 percent last month and 7.8 percent over 12 months. By project type, the 12-month increases range from 8 percent for new single-unit residential construction to 16 percent for highway construction.Many materials are contributing to the increase. "In the last 12 months, there have been increases of 87 percent for copper and brass mill shapes, 48 percent for asphalt, 40 percent for diesel fuel, 26 percent for gypsum products, 18 percent for plastic construction products, and 15 percent for cement." Your comment?

Fatality #11

MSHA is reporting Fatality #11 for the year, which happened May 23. It was a Powered Haulage accident at a Kentucky limestone operation. A 44-year-old plant operator, with 11 years mining experience, was fatally injured while installing a roller on a conveyor belt. He was working from the bucket of a front-end loader 15 feet above the ground. The loader moved forward crushing him against the conveyor framework. Your comment?

NSSGA on MINER bill

NSSGA has added its two cents to the passing of the MINER bill. NSSGA, both individually and with its ad hoc non-metal mining coalition partners made its concerns regarding the bill, including the impracticality of the 15-minute emergency notification and penalties for failure to notify, as well as the increase in penalties, known to key members of the Senate Health, Education, Labor and Pensions Committee, the House Education and the Workforce Committee and the Senate and House leadership. Concessions were made on these items to move the bill forward on a bi-partisan basis.

It is important to note that aggregates are not lumped in with coal for a majority of provisions in the bill and worse penalty proposals were staved off due to the advocacy efforts of NSSGA and the efforts of several state aggregates associations. With the pending enactment of this bill into law, which largely prescribes enhanced safety activities for coal mines, the focus shifts to MSHA, where NSSGA will be proactive in the rulemaking process implementing the bill.

The bill as passed increases penalties in accordance with the administration's FY '07 budget request as follows: requires mine operators to make notification of all incidents/accidents which pose a reasonable risk of death within 15 minutes, and sets a civil penalty of $5,000 to $60,000 for mine operators who fail to do so; raises the criminal penalty cap to $250,000 for first offenses and $500,000 for second offenses, as well as raising the maximum civil penalty for flagrant violations to $220,000; and giving MSHA the power to request an injunction (shutting down a mine) in cases where the mine has refused to pay a final order MSHA penalty. Your comment?

MINER Act

According to Ellen Smith at Mine Safety & Health News, yesterday the House of Representatives passed the MINER Act, which, in part, amends the 1977 Mine Act. This was passed by the Senate 2 weeks ago. The President is expected to sign this bill into law. Below is the the full text of the bill as it was passed by both the House and Senate.

The bill, in part, mandates:
* a minimum $5,000 and maximum $60,000 penalty for not reporting a life-threatening accident within 15 minutes;
* a maximum $250,000 fine and a year imprisonment for any operator who willfully violates a mandatory health or safety standard, or knowingly violates or fails or refuses to comply with any order issued under section 104 and section 107.
* a minimum penalty of $2,000 for any 104(d)(1) citation or order;
* a minimum $4,000 penalty for any 104(d)(2) order.
* a $220,000 civil penalty for violations deemed "flagrant," as described as "reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health or safety standard that substantially and proximately caused, or reasonably could have been expected to cause, death or serious bodily injury." Your comment?

First quarter production is UP

The numbers are in, and they are smokin'! An estimated 558 million metric tons of total aggregates were produced and shipped for consumption in the United States in the first quarter of 2006, an increase of 6.3 percent compared with the same period of 2005, according to the latest industry survey from the U.S. Geological Survey. Crushed stone rose 5.8 percent, while sand and gravel rose 7.5 percent. A VERY nice start to the production year. Your comment?

SPECIAL NOTE: Today marks the one-year anniversary of the P&Q Editor's Blog.

Sustainable development

The British Cement Association has appointed Stefania Rosso as Manager, Sustainable Development. Stefania will be leading the work to follow-up the UK cement-industry "Sustainable Development Task Force" report, Working Towards Sustainability, launched by Jonathon Porritt in the House of Commons in November 2005. Our European counterparts are way ahead of us on the issue of sustainable development. Despite corporate programs from companies like Caterpillar and Vulcan Materials, and an initiative by the Industrial Minerals Association, we have let this important issue slide. We should move fast to jump on the bandwagon. Your comment?

Taxing issue

This may set a bad precedent. NSSGA reports that on May 31, the Delaware House Revenue and Finance Committee passed House Bill 421 to suspend its motor fuels tax from June 1 through Sept. 30, setting it up for a floor vote in the House. Delaware's motor fuel tax is currently 23 cents per gallon of gasoline and 24 cents per gallon of diesel.. This bill would make up the loss to the Transportation Trust Fund by appropriating $50 million from the state's general fund to the to replace the forgone revenue from the suspended motor fuels tax. Legislators state the main objectives of the bill are to give Delaware a competitive edge over neighboring states during the summer months and simultaneously increase the sales of motor fuels and gross receipts tax revenues. However, the bill would restore the gas tax just weeks before the November election, which may dampen support for the measure among state lawmakers, almost all of whom are up for election this year . Delaware is not the only state to consider a temporary suspension of its fuels tax as several states across the country are examining this option. Your comment?

Fatality #10

MSHA is reporting Fatality #10 for the year, which happened on May 19 at Kinder Sand Company LLC's Kinder Plant in Louisiana. A 77-year-old contractor electrician, with 58 years experience, was fatally injured at the construction sand and gravel operation. The victim was checking an electrical motor, contacted an energized conductor, and was electrocuted. Your comment?

A fire at Vulcan

A tragic fire injured a Vulcan Materials employee in South Carolina this week. The worker, Dennis Settlemyre of Sharon, S.C., was reported in critical condition late Wednesday. The fire -- at the quarry located at 10500 Old Nations Ford Road, south of Charlotte -- apparently happened near a conveyer belt. MSHA reported no violations at the plant, according Tom Carroll, manager of business development for Vulcan, who spoke to local reporters. Your comment?