Small company gets guarding, electrical citations dismissed

摘要

Federal Mine Safety and Health Re-view Commission Judge Richard W. Manning vacated three citations issued to a small sand and gravel operator for alleged violations of guarding and electrical standards. The ALJ also rejected MSHA's S&S designation in connection with a missing cover plate for an electrical control box. The case arose from a September 2004 inspection of Higman Sand & Gravel Inc.'s IA Portable #1, a small gravel processing facility in Plymouth County, Iowa. The inspector cited Higman for an alleged S&S violation of para. 56.12032 because the cover plate for the electrical control box for the rock screw had been removed, and energized electrical conductors were exposed. The inspector testified that an injury was reasonably likely because miners entered the electrical shed to start and stop the plant daily and they could accidentally come into contact with the energized terminals or wires in the box.