British raptor expert, collection leave SC birds of prey facility

Heidelberg Cement and Hanson Come to Agreement

SC's Virtual Reference Station Network is first in the Nation

South Carolina Mine Safety & Health Law School

MSHA’s Aggressive Actions to Implement the MINER Act have Improved Safety for America’s Miners

MSHA Trends
The Mine Safety and Health Administration has become more stringent and rigid in the past year. MSHA is responding to congressional demands for increased mine safety by "trying very hard to be more stringent." Mining operators are beginning to see evidence of MSHA's stringent stance on the citations issued by the agency

"Congress is essentially continuing citations and looking at dollar amounts" rather than allowing MSHA to encourage a health and safey environment that allows mining operators to use regulations as a strategy to drive people toward safer behavior at mines.

In the agency's new regulatory strategy, for instance, the difference among "no negligence", "low negligence" and "moderate negligence" used in new MSHA citations "is worth a lot of money" to a mining company in terms of fines levied.

A March alert published by the Patton Boggs law firm warned "large mine operators should be aware that simply as a result of the size of their operations, their penalties will increase in greater proportion than those of the rest of the industry, due both to penalty "points" for operator size and a new category of penalty points for repeat violations of the same standard per inspector day."

To mitigate a portion of management liability, the law firm encouraged mining operators and health and safety officials to maintain a written record of when mine employees have been disciplined for safety violations. A verbal warning does not count as discipline with MSHA and labor unions opposed to actually disciplining employees for safety issues in writing.

MSHA Trends, June 2007.

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Legislative Update
The first Session of the 117th South Carolina General Assembly came to a close Thursday, June 21st. While the legislature did not agree on much during this year's regular session they did come to agreement during the extended session on DOT Reform, Worker's Compensation Reform and a $7.4 billion budget. Since this is the first session of a two year legislative cycle all bills that were not passed will maintain their current position until the next legislative session.

S.355, A bill to reform the South Carolina Department of Transportation, has been signed by the governor. The plan that was agreed too did not include funding for much needed road and bridge maintenance. Also, the governor will appoint one at-large member to the Highway Commission and the Secretary of Transportation with the advice and consent of the Senate. The Commission must appoint a Chief Internal Auditor who will serve four years. Also, roads will be built based on need.

S.332, Worker's Compensation Reform, the bill has been signed by the Governor. The bill reforms the state's ancient worker's compensation system in a manner that is positive for business. The bill provides for an orderly dissolution of the Second Injury Fund on July 1, 2007. The bill addresses repetitive trauma and corrects all cases that weakened workers' compensation law. The bill provides fraud provisions for employers and employees and establishes a new appeals procedure through the Court of Appeals instead of the Circuit Courts. Also, trucking companies will not be held liable in accidents involving independent contractors.

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British raptor expert, collection leave SC birds of prey facility
Amid fanfare and a visit from Princess Anne, the International Center for Birds of Prey was established three years ago along the South Carolina coast. But ongoing disagreements over the center's direction led renowned British raptor expert Jemima Parry-Jones to resign. She loaded her 170 birds on a charter flight last week to return to England. The center was created by merging the South Carolina Center for Birds of Prey and the National Birds of Prey Center in Gloucestershire, England.

Princess Anne, the sister of Prince Charles, had attended a luncheon to celebrate its creation. Parry-Jones thought she was going to be a partner but said she felt like an employee with her experience "thrown out the window."

"We tried to do something groundbreaking and it didn't work out," said Jim Elliott, who established the South Carolina center in 1991. Parry-Jones, who sold her family home and raptor center in England to come to America, did not like the idea that volunteers took care of her birds.She had used a paid staff in England. The South Carolina center largely relies on volunteers.

Parry-Jones, who has worked with raptors a quarter century, told center board chairman Bernard Groseclose in 2005 the only way things could work were if she were a co-director. That didn't happen and she resigned, her departure delayed in part because of paperwork needed to export the birds. The center, which in the past had been mainly a hospital to care for injured raptors, will open to the public later this year. It has 70 birds and should open with about 120. Elliott said the center had not been acquiring birds because available space was filled with the Parry-Jones' collection.

The State, June 18, 2007.

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