Newsletter...
August 2006
  • MASC Safety & Health Committee Meeting Minutes
  • FMI Survey of Construction Industry Ethical Practices
  • The Silicosis Bar Association
  • 2006 NSSGA Environmental Eagle Certificate of Achievement Winners
  • Save the Date!
    MASC Safety & Health Committee Meeting Minutes
    ***AGENDA***

  • MSHA – Jeffery Phillips, Field Office Supervisor
  • Aiken Tech – Liz Pulver *NOT IN ATTENDANCE
  • SC Mining Activity – Incidences and Citations

    Anti-trust Statement Read and Re-affirmed.

    Minutes accepted as published.

    Reports

    Motion - to develop a survey to be distributed to contractors that would indicate if they were interested in Mining Association Contractor Safety Award Program.

    The motion was approved.

    The survey would be done to ensure that contractors were interested in participating in an Award Program. Need at least a 40% return on the survey to be effective.

    Jeff Phillips was introduced as the MSHA Columbia Field Office Supervisor. Jeffrey Indicated that he looked forward to working with the Association and Miners. Needs input regarding 2007 Spring Thaw. Also, be aware of the addition made to the New Miner Act... Assessment penalties increased!

    Chairman Slaton distributed and reviewed safety statistics from MSHA through the first quarter of 2006. Discussion regarding criteria for MASC Safety Awards. Motion – MASC Safety Award would be given to member companies based on a 5 year history with a 2.0 incident rate or less in April of that year.

    The motion was approved.

    Recognition would begin in 2007 following April, last quarter MSHA Reports.

    2007 Mining Workshop Topics and Recommendations:
    What safety training options do mining companies have? How MSHA is trained to respond if an accident occurs. What occurs during accident investigation? Mock interview that would occur during MSHA Investigation. Root Cause Analysis or “Behavior Based Trianing”

    Motion – to form a study committee to address the feasibility of the State Grant Program.

    The motion was approved.

    Study Committee Members include Hayworth Lemonds and Frank Troglauer

    New Business
    Next Meeting Date: Wednesday, September 27, 2006.
    Time: 10:00 am
    Location: Columbia, SC

    Adjournment

    Members Present: Frank Troglauer, Kristin McKenzie, Bruce Sellers, Jamie White, Jim Holmes, Mike Bianco, Ron Slaton, Jeffrey Phillips, Hayowrth Lemonds, Mike Balcer [Top]

    FMI Survey of Construction Industry Ethical Practices
    When asked if they had "experienced, encountered, or observed construction industry-related acts or transactions that they would consider unethical in the past year," 84% of the owners, architects, construction managers, contractors, and subcontractors responding to our survey said that they had, and 34% said they had experience with unethical acts "many times." If we project those results from the 270 people who answered our survey onto the whole construction industry, it is easy to see why 61% of our survey respondents thought that the industry was "tainted" by unethical acts.

    How to Demonstrate Integirty

    1. Show up on time.
    2. Write down things requested to and follow up.
    3. Keep all promises.
    4. Focus on performance.
    5. Consistent behavior
    6. Communicate frequently
    7. Do not cover up bad news.
    8. Fix processes rather than blame people
    9. Apply any discipline that is required.
    10. Review policy statements frequently to make sure they are consistent.
    11. Control the rate of change in the company culture.
    12. Maintain an open-door policy
    13. Work through channels instead of around them
    14. Stick with people over the long haul
    15. Admit mistakes
    16. Insist on honesty in all dealings

    - Edited From Ralph James, Ph.D. The integrity Chain, 2002, FMI and "Survey of Construction Industry Ethical Practices"

    For complete survey contact FMI at:

    5151 Glenwood Avenue
    Raleigh, NC 27612
    PO Box 31108
    Raleigh, NC 27622
    T 919.787.8400
    F 919.785.9320

    FMI, Survey of Construction Industry Ethical Practices, July, 2006.

    [Top]

    The Silicosis Bar Association
    Plaintiffs lawyers love to expose a business defendant’s internal communications. But when it comes to throwing a light on their own inside work, fuhgettaboutit. Last week the lawyers who've orchestrated the great silicosis law suit scam even tried to clam up before Congress. Still, the Members elicited some extraordinary information from these attorneys, who a federal judge blasted last year for having ginned up some10,000 bogus silicosis cases. Most refused to turn over even basic documents requested by the House oversight subcommittee, citing "attorney-client" privilege. Never mind that this privilege belongs to the client; most of the lawyers admitted they hadn’t bothered to ask if their clients were willing to waive it. The Waco, Texas, firm of Campbell Cherry has yet to cough up a “privileged” form letter it mass-mailed to 18,OOO asbestos clients, soliciting them to be screened for silicosis.

    To their credit the Members dug out important new details about how the legal community concocted these silicosis suits. As the yet-unseen Campbell Cherry letter suggests, the lawyers' strategy was to take the firms' "inventories" of asbestos clients and -with the help of a few doctors - then claim that many of these same people now had silicosis. This is important, and not only because it is rare to have both asbestos and silicosis. The hearing suggested that at least a few firms knew it was rare and took steps to mask their double-dipping.

    The now-defunct Houston firm of O'Quinn, Laminack & Pirtle, for instance, liked to point out that its firm doesn't handle asbestos cases. (The argument being-that it therefore couldn't profit twice.) Former partner Richard Laminack repeated this denial to congress last week. Yet the very same day, several Silicosis defendants filed a motion in Mississippi court claiming that, in 2002, the O'Quinn firm had represented a Roger Redditt in both asbestos and silicosis claims. According to the motion, Mr. Redditt was diagnosed with both diseases by the same Dr. Ray Harron and the suits were filed within weeks of each other.

    The Redditt case also appears to be just one example of how O'Quinn used the same clients twice. Mr.Laminack admitted to Congress that O'Quinn had once financed a separate Houston law firm, Foster Harssema. The Foster firm then handled asbestos claims, while the O'Quinn firm handled silicosis. Mr. Laminack acknowledged that he and another former O’Quinn partner were listed as managers, of the Foster firm, and that O'Quinn collected referral fees for asbestos cases that Foster won.

    None of these suits would have been possible without a handful of for-hire doctors. Some of these docs have since recanted their diagnoses; others have taken the Fifth. Congress got the lawyers to fill in some blanks about their relationships with these “experts.” Campbell Cherry partner Billy Davis confirmed that his law firm had provided doctors with the language they were to use in silicosis diagnoses-the better to make them admissible in court. Mr. Davis, who made quite a to-do in his opening statement about his firm's high standards, admitted that his firm had only paid screening companies for positive diagnoses.

    Last week’s hearing left much unanswered, but it was a start. Federal and state investigations into the silicosis scam so far have focused mainly on doctors and screening companies who were on the front-lines of recruiting patients. It's now clear that these were small fry. They were taking orders from those who stood to profit most from more lawsuits: the lawyers. All roads lead back to them.

    Wall Street Journal, August 2, 2006.

    [Top]

    2006 NSSGA Environmental Eagle Certificate of Achievement Winners
    Congratulations to the following Hanson Aggregates South Carolina Mining Operations for recieving 2006 NSSGA Environmental Eagle Certificate of Achievement Award:

    Lowrys Quarry, McConnells, SC
    Marlboro Mine, Bennettsville, SC
    Pelham Quarry, Pelham, SC

    NSSGA Press Release, August 2, 2006.

    [Top]

    Save the Date!
    First Annual Southeastern U.S. Mine Safety & Health Conference
    "Partnering to Protect Our Miners"
    October 30 - November 2, 2006
    Millennium Maxwell House
    Nashville, TN
    ***For more information contact the MASC Association Office***

    MSHA Release, August, 2006.

    [Top]

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