My rights to a safe workplace for my life, liberty and property were denied!!!!!!
I believe that I was refused my right to rebuttal and denied due process..
Read my reply to the "Good Person" lawyer of kinross on the" The Good People Said..." page...
YOU can judge for yourself if I was given a fair shake... lol
Representative of Miners???? Really.......
Is safety more precious than gold???? (Refusal to recognize as representative of miners) I applied to be a representative of miners. I supplied a copy of the E-document # 193557 provided by MSHA to my supervisor he went to loss control and gave them the paperwork. I was called into a closed door meeting with Tim Grover (loss control) and my supervisor Cade Smith. Tim shook his finger in my face and told me the company refused to recognize me. He stated that "miners reps were for mines east of the Mississippi and the it ended in the 70s". I showed him the CFR section and he said it was old news. After that point I gave up because of the intimidation by my supervisors. Note: Gene Laughfenberger also was given the same treatment the same day. 2/10/2006 (Attempt to explain what the 30 CFR 40) Roudy Houser (Loss Control) gave his definition of the 30 CFR 40 Representatives of Miners. I was given permission to record the meeting that Roudy Houser presented to the miners. NOTE: In the meeting where the miners reps were present the version was different from when there was no representative present) Basically in the other meetings they were told that we just walk around with the an MSHA inspector when he comes to inspect the mine and we have no other responsibility to the miners. On a seporate occasion Gene Laughenberger was told in front of his fellow miners that they were not to go to him on any safety concerns by his supervisor Al Smith. Gene has a signed witness affidavit of this event. 2/15/2006 Emailed Donald Horn asking him about what Tom Grover told us. Requesting help in this situation. "Subject: 30 CFR 40 is meaningless??????" "Mr horn, I don't know if you remember me but Gene Lauffenberger and I volenteered for miners reps last May. We presented the e-file to loss control and we told that Kinross refused to recognize us and that this was for mines east of the Mississippi river and was not in effect after 1977. I felt intimidated and didn't follow up atfer that meeting. Gene Lauffenberger (the other miners rep) and I had a meeting with Martin Hartley soon after that and it was suggested that we have our co-workers sign our pitition for miners rep and e-meil it to MSHA. We did just that. Now Roudy Houser in loss control has stated that I have no responsibility other than just being with you on the inspections and nothing else. As I read it I also among other things can "act as a representative in the defense of all miners" as well as "stand as an advocate on safety issues for miners". I feel that the loss control department is in blatant disreguard of the fact that the Code of Federal Regulations is law and has indicated that 30 CFR 40 is meeaningless. I feel they are making their own rules as to what the miners reps responsibilities are and have no intention of recognizing us as reps. Where should we go from here? I hope I explained my situation well enough. Thanks for your time, John Scott" No responce form My. Horn. New Supervisor hired for my crew.... I can't remember when Corey Christensen came to work for Kinross but it was obvious that he was not employee friendly. Within his first year there were (as far as several of us could count) about 12 employees quit because of him. I got along with him up to the point I was recognized as a representative of miners. When MSHA inspector Alan King informed everyone the week of 4/16/2007 that we were to be recognized as representatives of miners. He not only met with our crew but he had mettings with the other crews as well (which included all supervisors). he said in the meeting what their (miners reps) duties and responsibilities were. From that point on I was harassed by my supervisor for just about anything he could find. I needed my job because I married a Argentine woman and we were in the process of getting out K3 immigration visa and needed to keep my job. I resisted any disrespect to him as well as possible. I was being told that he was telling other workers to watch out for John Scott he is going to turn you into MSHA if you do something unsafe... etc etc etc As time went on it became obvious that he was out to get me. 4/17-18/2007 (insubordination) 5/17/2007 One day Corey gave me a work order to complete. I looked at it and said It was impossible to repair. He said "Do it or go home" I became very angry and gave the work order back to him and said "There is no way I can fix that truck! Did you look at the truck?"... No response, so I left. I was doing the PM inspection on the truck and he came out and said he wanted me in his office. I said again "Did you look at this truck" and I started explaining the problems to him. He understood and I said I was sorry for being disrespectfull and I thought we had things under control. I never went back into his office to have a "talk"... We corrected the problem in the shop. Another one of Corey's lie's....
My timeline
5-31-05
When MSHA was called in on a complaint the week of April 16th 2007 I was requested by MSHA Inspector Alan King. I told him this was my first time being present at a MSHA event. He ask me why. He took me into a closed door meeting with himself and I. We called a special investigator with MSHA and I explained to her what was going on. She requested that I send her an e-mail with the information.
I spent part of the day going on an inspection of several facilities. When I finished the inspection that afternoon I went back to my job as a welder.
I was confronted a supervisor (Britt Nelson) that wasn't even my supervisor and he insisted in a very rude way that I was going to install GET (Ground Engagement Tools or cutting edges) on a dozer. I thought he was joking because he wasn't my supervisor and I told him I was a welder and I didn't do GET. He said I would do the GET or go home... I said ok I would go home... (thinking he was joking because I have not done GET in at least 2 years)
I started thinking about the situation and wandered if he was serious so I went to his supervisor Clint Nubecker and ask him if he was serious? He said he didn't know any thing about it. So I went back to my welding bay and was doing my job I was assigned to previously as the day started. The supervisor came to me again and said "you are going to do the GET".... I ask for a work order and that I would need to get parts for the job. He walked away saying something about "I didn't need a work order". This is required for any job we are to do because if parts are needed we have to have a work order. Anyway, long story short. I did the job as asked.
The next day I went with Alan King again to do inspections. When I come back in to the shop to do my normal job my co-workers ask me why I was elected to do GET all of the sudden. I ask them what was said and they said my supervisor ask for me and wanted me to do GET.
I became very upset because all of the sudden I was being singled out to do GET I thought. I ask one of my fellow workers to go with me because I was going to confront them about this. I ask Clint Nubecker (mine supervisor) and my supervisor to have a meeting about this and we did.
I was assured that I wasn't being singled out and they gave me several excuses like "we are short handed" and "it is your job anyway" I told them that I still thought i was being singled out. Clint Nubecker said there was no conspiricy if that was what I was thinking....
After the meeting I was called into a corrective action meeting with the same supervisors that was intimidating me with the GET. I was given 2 out of 3 corrective actions for insubordination and disrespect to my supervisors.
I accepted the corrective actions and apologized. I was in the wrong and should have been fired but after two years of cover ups and intimidations it is really hard to respect someone that presents them selves to you as your slave master.... do it or go home!!!
4/23/2007
Letter to Diane Watson Sent: Monday, April 23, 2007 6:41 PM (Watson.Diane @ dol.gov)
Expaning what had been happening for almost two years....
4/24/2007 MSHA safety complaint filled by me. The E-Document Number assigned to your submission is 469265. Air quality in the mobile maintenance building. There has been an ongoing request for a filtering system of some kind. The welding bay is in the same building as mobile maintenance. Testing is not done as requested for quality conditions. When the test are preformed the doors are opened and I believe the test are not accurate. There is a ventilation system that can't be ran to exchange the air because of the boiler room has some kind of problem when the vent fans are at operating capacity it extinguishes the ignition system and filles the boiler room with thick black smoke. Inadequate filtering of the air which I believe is causing serious health problems in the miners that work in the building. Especially in the winter when the conditions warrent keeping the doors closed. Thank you for using the MSHA on-line filing system. The document you submitted on 4/24/2007 has been received by MSHA. The E-Document Number assigned to your submission is 469265. Please save this number; it can be used to lookup your submission and as reference in any follow up or support issues you may have.
6-2007 thru 9/2007 ( multiple requests to be re-assigned ) The required respirator does not fit correct under my welding hood causing it to come out of place. Requested to be fit test with another respirator and was told that the respirator supplied was the one that MSHA required. I requested to be re-assigned to another job because of the improper fitting respirator and was denied. This denial took place for a remaining period of my emplyment till 9/14/2007
8/17/2007 "Leaving my work area" More intimidation and retaliation... (I have a copy of the original note) This is a response to the note I was suppose to sign I received from Corey Christensen on August 17th 2007 about "leaving my work area without permission".... George Gilcrest had been in and out of the shop asking my advice on a situation he was having problems with. After about 3 hours of attempting to fix the problem he came back to the shop and ask me for more advice. I said I would go with him and help repair the problem. NOTE: I consider the mine site as my work area. I have been doing this for seven years. I feel I have enough experience to do almost any kind of repair that comes my way. My work has not been questioned to the best of my knowledge and I have never had to ask permission to leave my "Work Area"...... (I doubt that he would want me to call him at 2am in the morning and ask permission to leave my work area) Upon returning to the shop I was told that Corey was pissed and was going to write me up. I was embarrassed once again by his selfish and tacky method of management.... I said "What for???" I was told that "I left my work area without permission" I tried to keep cool as Corey and Mike walked toward me. Corey ask me "Where were you?" I told him I was helping George fix a problem and tried to explain to him what we were doing. Corey refused to listen to me and started giving me his normal power trip attitude and told him, "I was here now and what do you want?" He kept his power trip attitude and I blew up and said "Just write me up! You are a control freak!" Corey and Mike and I went into the office and had a few more words that I can't remember and was told that they would talk to George. After the conversation with George I was called into the office again. By that time I had calmed down a bit. I was told that Corey was responsible for my safety and health. He needed to know where I was at all times. I ask if they considered calling on the radio at any point and they said that I just arrived as they thought of that option. ( I thought that was kind of them since they had been looking for "over 45 mins"..... 45x2=1.5 hours of labor... hmmmmmm mabey salary is not considered here....) NOTE: Funny thing was, that was the second time that day I had seen him. The first time was at the 5:45am line out.... This happened around 4pm when he happened to "come and check on me"..... There were several things implied there by me and I considered they were going no where so I just accepted the correction (under duress)... I told them since we were together I had a few things on my mind. I was concerned that an employee Dana Lear had been given the lead position after only being there for less than a year. I had been there for seven years... I was told he had more experience than I and was considered for the position. hmmmmm I ask if seniority was even an option when considered for a position... They said no! I also inquired if I wasn't being discriminated agains what was the statement made by Corey Christensen to a co-worker about I would "turn them into MSHA" if I (John Scott) saw them doing something unsafe??? This was refering to an incident that involved Kyleen Scwegel and she will sign an affidavit attesting to the incident. Another one of Corey's lie's.... Note: Corey Christenson and Mike Hammans was present in this meeting when I inquired about the conversation with Kyleen Schwegel.
NOTE: Dana Lear the new lead man has a full beard and was never fit tested for the "required" respirators. He has been off work for personal reasons.
8/19/2007 I was denied upgrade because of concerns about my attitude towards my supervisor. I wonder why!!!
MSHA complaint filled by me: 9/15/2007 The E-Document Number assigned to your submission is 510433. No SOP on respirator requirement. Employee's being wrote up for not complying with oral requirement to wear respirators. Employee request to be re-assigned to another job because of lack of proper fit testing procedures.
9/16/2007 Employee escorted off of job site for not wearing respirator. Reason for not wearing was because of improper fit and unable to perform job with supplied respirator. Even after multiple request to be assigned to another job!!!!! Where is the protected activities protection come into play????
9/17/2007 I sent my Letter of Resignation to Kinross HR....
11/19/2007
A fellow worker called on 11/19/2007 stating that Dana Lear had returned to work. MSHA had been there for a few days and this worker stated that Dana Lear was told to do anything but weld by his supervisor. This is because he still has a full beard and was unable to wear a respirator and they didn't want the MSHA inspector to find him welding without a respirator.
I feel that this is more proof that they were out to get me because I am a representative of miners. The day (9/15/2007) the company walked me out of the gate I felt with two prior corrective actions they would write me up and fire me for a third offence. I called Diane Watson as was told if I was being wrote up for not wearing a PPE there was nothing they (MSHA) could do. I said what about all the times I requested to be re-assigned to another job because of the improper fitting respirator and she said MSHA refused to help in any way because I was going to be written up for this offence.
I resigned because I felt it was the correct thing to do if I wanted to follow up and file a complaint.
11/23/2007
Corey Christensen resigned is position at Ft Knox and is trying to get a position with another mining company here in Alaska.
NOTE: Why would a person in Alaska in the middle of winter change jobs??? I believe his actions lead to a request for him to resign his position. I can count over 30 people that quit under him.
******************************************
Other proof of refusal to recognise the representatives...
30 CFR § 48.3
Training plans; time of submission; where filed; information required; time for approval; method for disapproval; commencement of training; approval of instructors. Where a miners' representative is not designated, a copy of the plan shall be posted on the mine bulletin board 2 weeks prior to its submission to the District Manager. Written comments received by the operator from miners or their representatives shall be submitted to the District Manager. Miners or their representatives may submit written comments directly to the District Manager.
(d) The operator shall furnish to the representative of the miners a copy of the training plan two weeks prior to its submission to the District Manager.
The miner's reps at Ft Knox have requested this information every year and have never recieved one single copy to review or comment on since they have been representatives.
In closing:
I have been the target for harassment and retaliation. It is my opinion that my situation will not be resolved internally at Ft Knox.
I swear that his information is true to the best of my knowledge
Interesting how information can change so fast!!!! This photo was provided by an person inside the company.. He said it was put on the "Notice Board" soon after the complaint was made to MSHA... The photo on top dated 12/03/2003 is the one the company provided when the complaint was made requesting what the inversion consisted of...
They forgot to remove the previous data sheet... dated 12/03/2003
WE WANTED TO KNOW "What were we breathing"
in other words....
The company didn't have the proper testing equipment to test what was required to answer our question that was a safety concern....
hmmmmmmmmmm
The photo on the bottom dated 12/09/2003 is a actual test with the proper test equipment....
Safety now HUH????
As noted on the bottom of the document dated 12/03-08/2003 the NO2 testing Via Drager Tubes (the testing tools that the company NEVER had) was "scheduled" for 12/08/2003....
OK you tell me.... IF you breath this for a few years....
YOU fill in the blank__________?
I have had many many test for this cough and so far the last doctor said:
"YOU just have a habit of coughing"....
hmmmmm
Mabey coughing NO2 or mabey Carbon Monoxide or mabey Carbon Dioxide or mabey Nitrous Gases??????????
WHO KNOWS???????????
This is my story. This is my attempt to provide what I thought was a safe and healthy work enviroment for my fellow workers.
This was just the start of my nightmare!!!!
After working at this company for about a year I developed a cough.
I don't smoke. I don't do drugs. I don't even drink adult beverages..........
I worked in an open pit mine which means we dig a big hole in the ground and extract the ore. There is a anomaly that is little known and actually there has not been much research involving open pit mining because it only involves regions that have very cold climates. This anomaly is an inversion, cold air settles at lower elevations, and is trapped there by a layer of warmer air above. This also traps thousands of pounds of air pollutants. I will explain what these pollutants are later.
After being told for years that the air tested ok and it was safe to work this cough kept persistant and we complained to our supervisors over and over with nothing but insistance that the air was safe.
12/15/2003 there was a miner that came to the shop with a complaint of being sick. They took him to the hospital and he was tested and found to have carbon monoxide poisoning........
Well one thing led to another and this is the start of my nightmare......
Once the investigation started the truth came out that they never had the proper testing equipment. I know for sure they had only a faulty O2 testing device and it didn't work because when you purge a fuel tank that is going to have a welding repair you need to know that any presence of O2 has to be absent.
Of course I used the testing device that security provided me like a good employ.
I always complained that the contents of the tank being tested would show that it was capable of supporting human life.....
The test device said there was enough O2 to survive... 21%+
According to psu.edu the lowest % Volume of O2 a person can survive at standard pressure is about 17.5%.
This device said it was ok to enter the tank............
I knew that was incorrect. So I went and repaired the tank like a little sheep and hoped that it didn't blow up and I would loose my life.... or my friends life or at least my job....
I was concerned!!!!!!!! That actually safety was not more precious than gold....
Another miner told me about a position that we could apply for called a Representative for the minors..........
We searched MSHA and found the info we needed so we applied for this position.
We thought that we could protect our fellow workers.....
WE THOUGHT!!!!
