PUBLIC SUBMISSION | As of: March 15, 2009 Tracking No. 8070666e Comments Due: October 08, 2008 |
Docket: MSHA-2008-0011
Alcohol- and Drug-Free Mines: Policy, Prohibitions, Testing, Training, and Assistance
Comment On: MSHA-2008-0011-0001
Alcohol- and Drug-Free Mines: Policy, Prohibitions, Testing, Training, and Assistance
Document: MSHA-2008-0011-0011
Comment from Larry Evans, Oil-Dri Corporation of America
Ochlocknee, GA,
Organization: Oil-Dri Corporation of AmericaFederal and state employment laws generally permit an employer to have a “zero
tolerance” policy forbidding the use of alcohol and controlled substances in the
workplace, and permitting discipline (up to and including termination) for violation
of that policy. After decades of ever-increasing awareness of the societal toll of
alcohol and drug abuse, there are a wide variety of federal, state and local public
health programs (and a wide array of private sector programs) addressing this toll.
Against the well-developed background, MSHA’s proposed rule is a poor solution
in search of a non-existent problem. For this reason, Oil-Dri Corporation of
America and its affiliates strongly object to the proposed rule.
MSHA would be exceeding its authority provided by Congress in requiring a mine
operator to re-assign anyone to another position for any reason, and to require a
mine operator to extend “job security” to anyone in violation of any employment
matter. MSHA cannot direct the workforce.
“The proposed rule would only require mine operators to offer job security to those
miners who violate the alcohol- and drug-free mine policy for the first time provided
they follow the SAP treatment recommendations and required return-to-duty
procedures.”
MSHA’s current requirement is clear and concise, and extending the current
requirement to the coal industry should be the initial and logical step.
“Intoxicating beverages and narcotics shall not be permitted or used in or around
mines. Persons under the influence of alcohol or narcotics shall not be permitted
on the job.”
Larry R. Evans
Corporate Health & Safety Manager
Oil-Dri Corporation of America
P.O. Box 380, 28990 Georgia Hwy 3 N
Ochlocknee, GA 31773
Office 229-574-4270
Fax 229-574-4260
Toll Free 800-634-0315 x4270
Cell 478-986-7635
larry.evans@oildri.com