Safe scales
July 25, 2011 By: Pit & Quarry StaffWe had a good conversation last week with in-house counsel for a group of companies that includes Lakeview Rock Products, a 1- to 2-million-ton producer of sand and gravel in the Salt Lake City area.
Lakeview had prevailed in a June case against MSHA, which cited the operator for lacking guardrails on its truck scales. Lakeview utilizes 8-in. rub rails on six total scales at its three pits. In its citation, MSHA claimed the scales “were not provided with berms or guardrails that were mid-axle height of the largest self-propelled mobile equipment that travels the roadway.” That mid-axle height at Lakeview is about 24 in., well above its rub-rail height.
For Kevin Watkins, general counsel for Lakeview, MSHA’s claim “rubbed me the wrong way. They were trying to push a square peg into a round hole,” he told us. Watkins said the regulations didn’t make sense to him because they appeared written for regular roadways where berms serve as barriers to a drop-off.
“We actually took video of the owner driving a 10-wheeler across the scales and trying to drive off the scales,” Watkins said. “He couldn’t do it.” Administrative Law Judge Kenneth Andrews agreed with Lakeview, rejecting the citation and concluding that MSHA failed to prove a risk that vehicles could overturn on the scales.
“Not having to build those rails saves us a ton of money,” said Watkins, adding that he hopes the outcome will help other operators. “At least, it gives them a little bit of encouragement to push back if they have scales as safe as ours. In the end, if there’s really a problem, MSHA needs to write a rule that applies to the scales.” – Brian Richesson
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