2. TRAM 2014 Anne Kelhart CMSP PHR MSHA Unlimited Instructor Director of Safety and Human Resources Martin Stone Quarries, Inc.

3. MSHA OSHA DOT CITATIONS COURTS & JURIES POLICIES & PROCEDURES EMPLOYEE ISSUES EQUIPMENT BREAKDOWNS Quarry Supervisor

4. Getting From Here to There A few, quick “rules to live by”…….. -NO BUDGETARY APPROVALS REQUIRED-

5. FATAL ACCIDENTS BY OCCUPATION (26) 10/2013-08/2014 Supervisor – 8 Miner/Laborer - 8 Truck Driver – 4 Scaler – 2 Electrician – 1 Dozer Operator – 1 Mechanic – 1 Plant Operator – 1 NEVER TAKE ON THE TASKS OF OTHERS

6. Know The Rules! 1. GREAT RESOURCES Anything like this is a good start.

7. Here’s Why (Recent Case Law) The employee was permanently disabled when a heavy steel pry rod he was using to dislodge rocks jammed inside the feeder port to a crusher’s impeller unit kicked back at him. Besides suffering severe lacerations to the neck, his spine was fractured, causing permanent paralysis. He was one of a three-person crew working to clear the jam. Working with it and supervising was the co-owner.

8. The Judge hit harder than MSHA! The following factors convince me that the actions in question here resulted in aggravated conduct by intention, indifference and recklessness: (1) The supervisor purposely decided to ignore the very specific mandate of 30 C.F.R § 57.14105 which requires that repairs or maintenance on mine machinery only be done after the power is cut off and the machinery is blocked against hazardous motion; (2) He was derelict in his duty as a foreman to model safe practices and to teach by example the importance and prudence of complying with safety standards; and,

9. The Judge hit harder than MSHA! (3) the hazard created by attempting to remove a rock jam while the crusher impeller is in operation was grave and obvious. – The first is an example of behavior that illustrates the supervisors personal willingness to sacrifice safety to expediency. – The second shows his indifference or recklessness towards his responsibility to look out for the safety of his crew. – The third speaks to his poor judgement. OUCH!

10. DOUBLE OUCH In a decision released Aug. 29, the judge increased MSHA’s proposed $2,000 fine to $14,743, leaving the operator with a total bill of $20,124. Fines may have gone higher, but the owners said the mine had closed and they faced considerable financial liability.

11. Annie, I don’t like to study- Inspectors are my resource! With all due respect to MSHA Inspectors.....

12. XXXX Rock Co. tried to argue the standard did not apply because a return roller is not specifically mentioned in the regulation, and therefore the company did not have “adequate notice” of the standard. However, the court said the regulation also applies to “similar moving parts,” and return rollers are precisely the type of hazardous moving machine part covered by the standard. U.S. Court of Appeals for the 10 th Circuit “You can’t rely on MSHA Inspectors!” Background: A miner was pulled through a return roller. MSHA cited. The Mine Operator fought the citation…..and lost.

13. While MSHA inspectors had never previously cited the company for failing to guard this return roller, and ~ even if XXXX Rock Co. had been told by MSHA it did not need to guard the return rollers, it would NOT be absolved of its duty to do so. Said the judge, “Those who deal with the government are expected to know the law and may not rely on the conduct of government agents contrary to law.” U.S. Court of Appeals for the 10 th Circuit “The Rest of the Story” So,.....

14. Sorry pal, you're on your own.

15. Know The Rules! 1. GREAT RESOURCES Anything like this is a good start.

16. Web Version TYPE INTO GOOGLE SEARCH BAR – “30 CFR” MSHA - Title 30 CFR Parts 1 through 199; Introduction Page www.msha.gov/30CFR/CFRINTRO.HTM‎CachedCached Similar This edition is the July 1, 2012, publication of 30 CFR Parts 1 through 199. This version will also contain updates to this publication as provided by the List of... Jump to 30 CFR Title 30 CFR Mineral Resources Parts 1 through 199 Please continue on to the July 1, 2012 version of: 30 CFR - Parts 1 through 19930 CFR - Parts 1 through 199 Each rule has direct links to Program Policy Manual IMPORTANT BECAUSE YOUR INTERPRETATION MAY NOT APPLY!

18. FMSHRC News Commissioners Administrative Law Judges Guides Frequently Asked Questions FOIA Guide How a Case Proceeds Before the Commission Guide to Commission Proceedings Requests to Reopen Decisions Review Commission Decisions ALJ Decisions Blue Books Review Commission Arguments & Meetings Oral Arguments Open Meetings Federal Mine Safety and Health Review Commission Federal Mine Safety and Health Review Commission Federal Mine Safety and Health Review Commission √ √

19. Rule violation? Incident? TAKE PICTURES: They’re proof! 1 § 1

20. 2. For “SUPER” supervisors: A sense of humor can be your most valuable tool. Is yours in good working order?

21. Lead By Example Too often- This is the reality!   3.

22. Never Lose Your Temper “I’ve never seen a bad situation that couldn’t be made worse by losing your temper.” - H.L. Boling It’s NEVER about you…..It’s about the business! 4.

23. Foster a respectful workplace 5.

24. .. 6.

25. It’s not about off-hours How often do you smile? When was the last time you had lunch with your crew? How often do you really listen? How often and how soon do you officially respond to ideas and concerns? Are you careful not to have favorites?

26. Use Positive Reinforcement 7.

27. 8. The “SUPER” version:

28. Build and Align Your Resources Know your limitations Time Expertise Know your resources Safety Quality control H.R. Outside advisors E.A.P. Email peer groups Know when to bring in your resources 9.

29. Help Make Good Things happen 10.

30. Learn to Think Like A Jury MSHA is not your worst enemy…. 11.

31. 12.

32. Never Be an Ostrich The buck stops with you…. 14. It puts you in a very bad position!

33. Navigating the Minefield A 3 CREDIT COURSE IN 30 MINUTES 15. “Supers” Manage Conflict Resolution

34. Share your thoughts and ideas Are you a master of the POWER lunch?

35. GOOD CONFLICT BAD CONFLICT Managed ConflictOut of Control Conflict Strengthens relationships and builds teamwork Damages relationships and discourages cooperation Encourages open communication and cooperative problem-solving Results in defensiveness and hidden agendas Resolves disagreements quickly and increases productivity Wastes time, money and human resources Deals with real issues and concentrates on win-win resolution Focuses on fault-finding and blaming Makes allies and diffuses angerCreates enemies and hard feelings Airs all sides of an issue in a positive, supportive environment Is frustrating, stress producing and energy draining Calms and focuses toward resultsIs often loud, hostile and chaotic QUICK CLARIFICATION:

36. GOOD CONFLICT BAD CONFLICT Managed ConflictOut of Control Conflict Strengthens relationships and builds teamwork Damages relationships and discourages cooperation Encourages open communication and cooperative problem-solving Results in defensiveness and hidden agendas Resolves disagreements quickly and increases productivity Wastes time, money and human resources Deals with real issues and concentrates on win-win resolution Focuses on fault-finding and blaming Makes allies and diffuses angerCreates enemies and hard feelings Airs all sides of an issue in a positive, supportive environment Is frustrating, stress producing and energy draining Calms and focuses toward resultsIs often loud, hostile and chaotic QUICK CLARIFICATION:

37. The Solution Map Used by Experts Everybody a pro now?

38. For the rest of us……. Some basic

39. This won’t work !

41. Never Lose Your Temper “I’ve never seen a bad situation that couldn’t be made worse by losing your temper.” - H.L. Boling It’s NEVER about you 4.

42. Reminder: Two different views does not always mean one is wrong

43. Slow. Remember, it takes time to settle a conflict. Schedule for it! Go slow at first, because conflict resolvers usually encounter some rough roads in the beginning.

44. ~ What the Power Lunchers instinctively know ~ Basic Rules of the Road: No "You" statements. because these statements make people feel defensive. Use statements that begin with the word "I".

45. Ask open ended questions Make open ended statements Questions and statements that do not allow for just a yes or no response “ I hear there’s a problem. What’s going on?” “I need your help to know more about the problem.”

46. If emotions flare, take a momentary detour. Once the it has calmed down, you must* re- establish the rules of order and resume the road to resolution. Some will use emotion as a tactic to evade the process……

47. Most conflicts can be resolved through effective communication. However, if you begin to feel threatened or unsafe, you should remain calm, adjourn the meeting, and seek safety.

49. Understanding the current state Experts say: 1. To come into collision or disagreement; be contradictory, at variance, or in opposition; clash: 2. To fight or contend; do battle. 3. A fight, battle, or struggle, esp. a prolonged struggle; strife. 4. Controversy; quarrel: conflicts between parties. 5. Discord of action, feeling, or effect; antagonism or opposition, as of interests or principles: a conflict of ideas. 6. A striking together; collision. What is Conflict?

50. To my darling husband, Before you return from your business trip I just want to let you know about the small accident I had with the pickup truck when I turned into the driveway. Fortunately not too bad and I really didn't get hurt, so please don't worry too much about me. I was coming home from Wal-Mart, and when I turned into the driveway I accidentally pushed down on the accelerator instead of the brake. The garage door is slightly bent but the pickup fortunately came to a halt when it bumped into your car. I am really sorry, but I know with your kind-hearted personality you will forgive me. You know how much I love you and care for you my sweetheart. I am enclosing a picture for you. I cannot wait to hold you in my arms again. Your loving wife. XXX

51. P.S. Your girlfriend called.

52. Who Owns the Problem? What is the Owner’s responsibility? The person who is negatively affected by the Problem. To find a way to resolve the problem, even if he is not the cause of it.* * Use of a facilitator

54. Yelling, Name calling, Hitting, Walking out, Belittling, Refusing to change or compromise, Refusing to work out the conflict….. Listening, Looking at both sides, Negotiation, Mediation, A Win-Win attitude What Doesn’t Work? What Does Work? Consequences for failure. (This one is not bullet-proof!)

55. PLAN FOR RESOLUTION 1.Understand the problem summary 2.Meet individually with both participants. 1.Owner of conflict first. 2.Determine expected outcome 3.Get permission for a joint meeting 3.Meet with second party for their perspective 1.Determine expected outcome 2.Get permission for a joint meeting 4.Determine any common ground 5.Choreograph joint meeting for win-win

56. PREPARE FOR and USE CAUTION 1.Understand and tame the presence of your authority 2.Identify all needs and goals, including your own 3.Expect Three Negative Responses and have a plan to deal with them: Fight Flight / Avoidance Obedience/ Shutting Down

57. Meetings Agenda 1.Give a description of the problem that respects all involved. 2.Explain how conflict resolution can enable all to win, and explain the steps. 3. Agree not to slip back to the win/lose methods 4.Ask for and write down ideas. 5.Do not criticize any suggestion. Feed back with reflective listening. Do not accept sudden promises not to cause the problem.

58. Decide on the best solution Find a solutions that are mutually acceptable to all. If agreement seems difficult, summarize areas of agreement. Restate needs, and look for new solutions. Make certain that everyone is committed to the solution and determine follow-up.

59. End of Construction. After reaching a solution that the two individuals agree will work, they can resume normal activities.

60. Reminder: Use Positive Reinforcement 7.

61. THANK YOU Anne Kelhart CMSP PHR Director of Safety and Human Resources Martin Stone Quarries, Inc. MSHA unlimited instructor anne@martinstone.com