Expert Details

Expert in Mine Safety, MSHA Part 46/48 Training, Audits, Risk Assessment, Accident Investigation

Expert ID: 729854 Colorado, USA

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Expert began his mining career in 1966 at a large Arizona underground copper mine. He is a professional mine safety and health consultant with approximately 40 years combined MSHA and industry experience. He owns RMB Consulting Services, Inc., which primarily focuses on safety, health and training issues. He provides mine safety expert witness services in administrative hearings and civil cases; assistance for operations under Pattern of Violation notices; training program evaluations, instructor monitoring and training when requested; expert safety and health evaluations and technical advice regarding MSHA rules, policies, and interpretation; due diligence reviews; and is an OSHA/MSHA approved instructor. He has also provided services in Mexico and Chile.

Prior to starting his consulting business, Expert was employed by the Mine Safety and Health Administrations, MSHA for 31 years. He was a mine inspector, supervisor the first 14 years and a senior manager in Metal Nonmetal and Education Field Services the last 17 years of his MSHA career. He served seven years on the MSHA national mine rescue team, two years as Director in the position of Accident Program Investigation Manager and accumulated many hours of advanced mine rescue training and experience.

He is a recognized authority on matters pertaining to metal and nonmetal mine safety and directed and/or prepared technical, scientific phases of cases that come before the Federal Mine Safety and Health Review Commission.

Expert maintains active participation in professional associations and committees and offers pro bono service to the National Safety Council Mineral Resource Section, Joseph A. Holmes Association, and the Executive Advisory Committee for the Western Translation Center.

Expert provides in-depth analysis and technical review of facts and circumstances leading up to, and involved in, serious or fatal accidents and offers a complete report of findings. He has extensive MSHA national mine rescue team experience both at the field level and national level. He served as the key spokesperson, technical expert, and special advisor on accident investigations in the metal and nonmetal mining industry. He conducted analytical research studies to improve mine safety and health, as well as the effectiveness and efficiency of MSHA policies and program operations. He conducts risk assessments at mining operations and provides training to mine owners, contractors, and mine operators.

Further he:
Developed, implemented, and managed a national accident investigation program.
Reviewed accident investigations and analyzed fatal accidents to develop preventative measures.
Coordinated the revision and reinterpretation of policy manuals, handbooks, and instructions governing accident investigation procedures.
Instrumental in identifying haulage accident trends. Recognized with the BRAVO award for contributions in reducing surface haulage accidents throughout the nation.
Directed the National Metal and Nonmetal Mine Rescue Team.

Expert is a recognized authority on matters pertaining to metal and nonmetal mine safety and directed and/or prepared technical, scientific phases of cases that come before the Federal Mine Safety and Health Review Commission.




Expert has has extensive educaltion, training, and experience related to the creation of the MIne Safety and Health Administration, promulgation of regulations and organization of regulatory standards. He was the field MSHA representative in drafting, proposing, and promulgating Part 46 training regualtions.

He earned a Master of Science in Safety, Marshall University; Certified Mine Safety Professional, (CMSP) ISMSP; MSHA/OSHA Approved Instructor, Occupational Safety and Health Specialist, (OHST) CCHEST

He has a varied professional background - more than 40 years of experience that includes: underground mine laborer, supervisor, MSHA inspector, Supervisor, District Manager, Chief of Safety and Manager of Accident Investigations for Metal and Nonmetal (nationwide), and Manager of Educational Field Services (nationwide, including coal). Professional Consultancy since January 2007.

He has a long-established contacts throughout the industry, MSHA, NIOSH, ASSE, SME and numerous state agencies and universities

He is a respected safety and health professional by government, labor and industry personnel and considered an expert in US mine safety legisation.

Expert has extensive experience regarding accident investigation, mine rescue, training, inspection and accident prevention expertise.

As MSHA's Educational Field Services Manager, Expert provided expert technical guidance and staff assistance to the Director of Education, Policy, and Development as well to as the Assistant Secretary of Labor. He exercised overall responsibility for all MSHA educational efforts affecting more than 14,000 coal and metal and nonmetal mines in the United States. Responsibilities included ensuring MSHA inspectors were appropriately trained and he introduced new rules and regulations to the industry to ensure a safe work place for nearly 300,000 miners working in 15,000 mines across the US.

Expert established the Western Region office for Educational Field Services and ensured consistent application of training rules, regulations, and policies for coal and mnm mines, which have a direct effect on national consistency.

He received the "Secretary's Exceptional Achievement Award" as a key member on the Exempt Industries Training Rule Committee and served on various national level committees, including the Accident Prevention Steering Committee and NSC Mining and Minerals Resource Section with industry, union, state and federal representatives.

He initiated "Training Makes a Difference" program at surface and underground coal and mnm mines along with District Managers and Specialists and had a lead role at informational meetings to introduce new Part 46 Rule and was one of the principal advisors in development of Part 46 Compliance Guide.

Expert networked with numerous associations, including NSSGA, VPI, NSA, OSHA, NIOSH, BAT, NMA, BLS, Academy, Universities, California Mining Association, labor unions, International Health and Safety Conference, National Safety Council, Wyoming Mutual Aid Association, Colorado Mining Association, Arizona Rock Products, Nevada Mining Association, Oklahoma Mine Safety and Health Conference, Illinois Aggregates, and several Holmes Safety Association chapters.


Expert consulted with a major mining equipment manufacture and developed appropriate training for their technical staff to work at mines both within and outside the United States. Expert has conducted in depth safety and health audits to help identify risks and hazards. He provided sound advice in making corrections to improve safety. Expert has provided expert technical advice, research, and testimony in deporsitions, arbitration and trials for numereous clients. Expert has helped clients evaluate and improve the quality of their training programs. Expert is an active participant in a number of professional associations. He works with committees in associaitons to advance the principals of safe production and to help improve the sharing of safety products.

Education

Year Degree Subject Institution
Year: 1987 Degree: MS Subject: Safety Institution: Marshall University
Year: 1984 Degree: RBA Subject: Safety Institution: Marshall University
Year: 1975 Degree: AA Subject: Mid-Management-Business Institution: Central Arizona College
Year: 1976 Degree: Federal Mine Inspector Subject: Mine Safety and Health Institution: Mine Safety and Health Administration, National MIne Academy

Work History

Years Employer Title Department Responsibilities
Years: 2007 to 2011 Employer: Undisclosed Title: President/Owner Department: Undisclosed Responsibilities: Expert started and incorporated a consulting firm subsequent to his retirement from MSHA, with a focus on mine Safety and Health. He concentrates on compliance assistance, safety and health audits and program reviews, special emphasis programs, accident investigations, mine rescue, and expert safety and health technical case review and provides expert witness services where needed. He has provided advice for startup construction and mining operations, conducted compliance assistance audits, provided training, training program and record keeping audit, coordinated testing for manufactures, expert technical advice and witness testimony for legal cases, and pro bono service to the National Safety Council Mineral Resource Section, Joseph A. Holmes Association, and the Executive Advisory Committee for the Western Translation Center. He has conducted due diligence review for a mining operation in Mexico as well as provided training for Mexican Nationals who came to the USA for start up operations.He contracted with MSHA to do training program and instructor training monitoring in 2007 for underground coal mining operations.

Years: 1999 to 2007 Employer: Undisclosed Title: Manager, Education Field Services Department: Undisclosed Responsibilities: As MSHA's Educational Field Services Manager, Expert provided expert technical guidance and staff assistance to the Director of Education, Policy, and Development as well to as the Assistant Secretary of Labor. He exercised overall responsibility for all MSHA educational efforts affecting more than 14,000 coal and metal and nonmetal mines in the United States. His responsibilities included introducing new rules and regulations to the industry to ensure a safe work place for nearly 300,000 miners working in 15,000 mines across the US.
He established the Western Region office for Educational Field Services and ensured consistent application of training rules, regulations, and policies for coal and mnm mines, which have a direct effect on national consistency.
He received the "Secretary's Exceptional Achievement Award" as a key member on the Exempt Industries Training Rule Committee and served on various national level committees, including the Accident Prevention Steering Committee and NSC Mining and Minerals Resource Section with industry, union, state and federal representatives. He initiated "Training Makes a Difference" program at surface and underground coal and mnm mines along with District Managers and Specialists.

He had lead role at informational meetings to introduce new Part 46 Rule and was one of the principal advisors in development of Part 46 Compliance Guide and he provided expert witness testimony on behalf of the Secretary of Labor

Expert developed partnerships in the Region and participated with District managers from Coal and MNM at numerous stakeholder meetings. He maintained good rapport with major labor organizations including United Mine Workers, United Steel Workers, International Laborers' Union, Ironworkers' Union, and the Operating Engineers Expert has networked with numerous associations, including NSSGA, VPI, NSA, OSHA, NIOSH, BAT, NMA, BLS, Academy, Universities, California Mining Association, labor unions, International Health and Safety Conference, National Safety Council, Wyoming Mutual Aid Association, Colorado Mining Association, Arizona Rock Products, Nevada Mining Association, Oklahoma Mine Safety and Health Conference, Illinois Aggregates, and several Holmes Safety Association chapters.
Years: 1998 to 1999 Employer: Mine Safety and Health Administration Title: Undisclosed Department: Metal Nonmetal Responsibilities: Expert provided expert technical support and staff assistance to the Administrator and the Assistant Secretary. He exercised overall responsibility for the rulemaking efforts affecting the metal and nonmetal mining industry with its 190,000 miners and over 11,000 mines. He ensured nationwide consistency in the application of provisions of the Federal Mine Safety and Health Act of 1977, including its application to independent contractors.

He served on the MSHA Employee Safety Task Group and other national office committees and task forces regarding administrative, technical, and enforcement issues.

He developed safety information that was distributed to the entire metal and nonmetal mining industry and used routinely in sweeps of thousands of mines, in conversations with over 100,000 miners.

He chaired the committee developing new rules requiring the use of Self Contained Self Rescuers (SCSRs) in metal and nonmetal mines.
Years: 1996 to 1998 Employer: Mine Safety and Health Administration Title: Undisclosed Department: Metal and Nonmetal Responsibilities: Expert served as the key spokesperson, technical expert, and special advisor on accident investigations in the metal and nonmetal mining industry. He conducted analytical research studies to improve mine safety and health, as well as the effectiveness and efficiency of MSHA policies and program operations.
He developed, implemented, and managed a national accident investigation program. He reviewed all accident investigations and analyzed fatal accidents to develop preventative measures.

He coordinated the revision and reinterpretation of policy manuals, handbooks, and instructions governing accident investigation procedures.

Expert was instrumental in identifying haulage accident trends.
He was recognized with the BRAVO award for contributions in reducing surface haulage accidents throughout the nation.

Expert directed the National Metal and Nonmetal Mine Rescue Team.
Years: 1991 to 1994 Employer: Undisclosed Title: Chief, Division of Safety Department: Undisclosed Responsibilities: Expert was the Chief Enforcement Officer for the Rocky Mountain District. He provided assistance to the Administrator in planning, organizing, directing, evaluating, and managing MSHA's nationwide metal and nonmetal mine safety inspection/enforcement program. He conducted continuous review and evaluation of Agency programs for revision and improvement.

He served as expert resource for metal and nonmetal mine safety issues; directed and prepared the technical phase of cases brought before the Federal Mine Safety and Health Review Commission; testified as an expert witness in high-profile mine safety cases.

He provided expert witness testimony on behalf of the Secretary of Labor
and he developed the Mine Information System Evaluation Report that allowed managers quick evaluation of the enforcement and health sampling practices used in each district and nationwide.

He served as lead technical advisor in planning, evaluation, and managing MNM workforce.
Years: 1991 to 1994 Employer: Undisclosed Title: District Manager, Rocky Mountain District Department: Undisclosed Responsibilities: Expert directed the enforcement of safety, health, and training activities for the nine Rocky Mountain States, with approximately 1,600 mining operations employing thousands of miners. He also provided leadership for a staff of 85 employees, including professional engineers, industrial hygienists, mine inspectors, and other health and safety specialists. He responded to emergency mine situations. He successfully negotiated with bargaining unit employees and compiled a strong record in resolving disputes.

He developed, justified, and managed an annual budget of more than $5 million
and established and nurtured an effective team spirit among District staff. Within two years, he filled eight of 11 management positions in the District (38% female and/or minority appointments). One woman was appointed to inspector, another as a management assistant, and a third to a supervisory position. He accomplished 98% of mandated inspections within time limits.

Expert provided expert witness testimony on behalf of the Secretary of Labor

He managed staffing, program planning, fiscal operations, personnel administration, procurement and supply, property management, transportation and travel, and general business operations. Expert supervised safety and health training programs. He developed in-house training programs that greatly improved the quality of accident investigations.

He coordinated MSHA efforts for mine fires within the District; directed recovery efforts at two fires

Years: 1985 to 1991 Employer: Undisclosed Title: Field Office Supervisor Department: Undisclosed Responsibilities: Expert managed the safety and health related inspection, investigation, and education and training programs to ensure compliance with the Federal Mine Safety Act of 1977 at 180 active mine properties in three states. He accomplished 100% of all mandated inspections/investigations from 1984 to 1991, exceeding national requirements for enforcement every year during the period.

Expert served as lead representative for MSHA during the design review process for the Department of Energy's Nuclear Repository Program.

He provided expert witness testimony on behalf of the Secretary of Labor
Years: 1976 to 1985 Employer: Undisclosed Title: Federal MIne Inspector Department: Undisclosed Responsibilities: Expert conducted in-depth safety and health inspections in mining and milling operations in Arizona, California, Colorado, Idaho, and Oregon. Many of these operations were complex surface and underground operations, some with more than 5,000 employees.

He served as a team member on the MNM National Mine Rescue Team and led rescue teams, under apparatus, in rescue and recovery efforts in three major fires at the Logan Wash oil shale mine and at the Belle Isle salt mine disaster.

As a team captain, he determined fire control methods and surveyed fire damage.

He served for 5 years as lead inspector for the most advanced and modified oil shale mine.

He provided expert witness testimony on behalf of the Secretary of Labor

Government Experience

Years Agency Role Description
Years: 1978 to 2007 Agency: Mine Safety and Health Administration Role: Senior Manager Description: Expert successfully served in four of the top six executive positions for Metal & Nonmetal, MSHA. In these positions he consulted with high-level officials of the mining industry with respect to operations of the metal nonmetal mine safety inspection and enforcement program. He also served as a recognized authority on matters pertaining to metal and nonmetal mine safety and directed and/or prepared technical, scientific phases of cases that come before the Federal Mine Safety and Health Review Commission. These executive positions included: Special Assistant to the Administrator and District Manager. Routinely represented the Administrator on matters of national importance in these positions in his absence. As Accident Investigation Program Manager, directed all phases of mine emergency operations including the national mine rescue team. Initiated programs that reduced surface powered haulage fatalities by 46% in two years. As Chief of Safety for metal nonmetal headquarters, he was the lead technical advisor to the Administrator in planning, organizing, directing, evaluating and managing MSHA's nationwide non coal mine safety inspection and enforcement program carried out under the Federal Mine Safety and Health Act of 1977. This included resource management to achieve Agency goals. As Rocky Mountain District Manager, he directed enforcement of safety, health, and training activities for the nine Rocky Mountain States, with approximately 1,600 mining operations employing thousands of miners. He provided leadership for a staff of 85 employees, including professional engineers, industrial hygienists, mine inspectors, and other health and safety specialists. He developed, justified, and managed an annual budget of more than five million dollars. Responded to emergency mine situations. He successfully negotiated with bargaining unit employees and compiled a strong record in resolving disputes. As the Western Regional Manager for Educational Field Services and subsequently given charge of all of Educational Field Services for the Nation. In this position He provided expert technical guidance and assistance to the Director of Education, Policy, and Development, Superintendent of the National Mine Academy, Coal and MNM Administrators, and the Assistant Secretary of Labor. Expert established and maintained good working relationships with District Managers and their staffs in all Coal and MNM districts. He was responsible for the review and approval all submitted Part 46 training plans. Under my direction my office also reviewed and forwarded all Part 48 training plans and instructor approvals to respective districts. Visited mines and attended public meetings with District Managers on many occasions and developed a good insight into their needs. He was responsible for the final decisions and interpretation of training rules, regulations, and policies in the field for the entire US. In more than 30 years with MSHA, he inspected virtually every type and size of metal and nonmetal mining operation, including complex underground mines. As the manager for Educational Field Services, he visited numerous complex underground coal mines and worked with mine managers to help resolve compliance and training issues.
Years: 1976 to 1978 Agency: Mining Enforcement and Safety Administration Role: Federal Mine Inspector Description: Expert conducted in-depth safety and health inspections in mining and milling operations in Arizona, California, Colorado, Idaho, and Oregon. Many of these operations were complex surface and underground operations, some with more than 5,000 employees. He served as a team member on the MNM National Mine Rescue Team and led rescue teams, under apparatus, in rescue and recovery efforts in three major fires at the Logan Wash oil shale mine and at the Belle Isle salt mine disaster. He determined fire control methods and surveyed fire damage. He served for 5 years as lead inspector for the most advanced and modified oil shale mine. He provided expert witness testimony on behalf of the Secretary of Labor

International Experience

Years Country / Region Summary
Years: 2008 to 2011 Country / Region: Antofagasto, Chile Summary: Expert worked with a major equipment manufactuer to develop a high altitude training program for technical staff that travel to Chile to work at a high altitude copper mine. Further, he developed a training program for techinical staff that were to travel to US mines, both coal and metal nonmetal.
Years: 2008 to 2008 Country / Region: LaPaz, Mexico Summary: Expert conducted due dilligence safety and health review at a large underground phosphate mine under consideration for purchase by a major US mining company.

Career Accomplishments

Associations / Societies
International Society of Mine Safety Professionals, Certified Mine Safety Professional American Society of Safety Engineers, Professional Member National Safety Council-Minerals and Resources Section Executive Committee Joseph A. Holmes Association, Executive Committee Western Mining Safety & Health Training & Translation Center, NIOSH/University consortium, Executive Advisory Committee
American Indusrial Hygiene Association, professional member

Licenses / Certifications
Certified Mine Safety & Health Professional, ISMSP
Occupational Health and Safety Technologist, AIBH/CSP
MSHA approved instructor-IN, IS, IU, MR
OSHA 500 approved instructor
Commercial Driver License (CDL)

Professional Appointments
Chairman, nationwide Part 46 Roll Out
Mine Safety and Health Administration Accident Investigation Review
Awards / Recognition
"Pride Man" US Airforce
"Bravo Award" US Secretary of Labor
"Man of the Year" Holmes Safety Association
Publications and Patents Summary
Expert has authored numerous fatal accident investigations and coauthored program policy manuals, instruction letters, and official agency letters.
He also coauthored "Mine Haulage" in 1996.

Additional Experience

Expert Witness Experience
Expert first testified in 1980 when a federal mine inspector for the Mine Safety and Health Administration. He also has been involved in several court cases, the details of which can be provided upon request.
Training / Seminars
Western Translation Center-miner training;
National MIne Health and Safety Academy-Accident Investigation Techniques, inspection techniques;
Caterpillar-High Altitidude for Contractors;
Safety and Compiance Awarenes;
Mine risk assessments;
Sueprvisory Responsibilities;
Western Health and Safety Conference;
Southwestern Health and Safety Conference;
Training Makes a DIfference.
Vendor Selection
Expert has developed and maintained an extensive network of contacts wiith mine companies, contractorys, industry associations, and labor groups within the mining and construction industry.
Marketing Experience
Expert began his mining career in 1966 at a large Arizona underground copper mine. He is a professional mine safety and health consultant with approximately 40 years combined MSHA and industry experience. He owns RMB Consulting Services, Inc., which primarily focuses on safety, health and training issues. He provides mine safety expert witness services in administrative hearings and civil cases; assistance for operations under Pattern of Violation notices; training program evaluations, instructor monitoring and training when requested; expert safety and health evaluations and technical advice regarding MSHA rules, policies, and interpretation; due diligence reviews; and is an OSHA/MSHA approved instructor. He has also provided services in Mexico and Chile.

Prior to starting his consulting business, Expert was employed by the Mine Safety and Health Administrations, MSHA for 31 years. He was a mine inspector, supervisor the first 14 years and a senior manager in Metal Nonmetal and Education Field Services the last 17 years of his MSHA career. He served seven years on the MSHA national mine rescue team, two years as Director in the position of Accident Program Investigation Manager and accumulated many hours of advanced mine rescue training and experience.

He is a recognized authority on matters pertaining to metal and nonmetal mine safety and directed and/or prepared technical, scientific phases of cases that come before the Federal Mine Safety and Health Review Commission.

Expertmaintains active participation in professional associations and committees and offers pro bono service to the National Safety Council Mineral Resource Section, Joseph A. Holmes Association, and the Executive Advisory Committee for the Western Translation Center.
Other Relevant Experience
Mediation between mine operators and regulators,
good negotiating skills,
analysis,
reconstruction during accident investigations,
compliance awareness,
safety and health awareness,
risk assessments.

Fields of Expertise

mine safety health, mine safety, health safety, inspection, mining, safety, mine, contractor safety, employee safety, equipment safety, event safety, investigation, accident, risk assessment, risk management, expert witness, expert testimony, statute, Mine Safety and Health Administration, regulatory organization, inspector training, occupational health & safety, consumer safety, court, witness interview, courtroom testimony, arbitration testimony, testimony, witness preparation, exhibit preparation, evidence, testimony research, workplace safety and security, American National Standards Institute, underground mining, surface mining, public speaking, borehole mining, emergency communication, lock out tag procedure, gold mining, mineral extraction, eye safety, phosphate mining, quarry, coal mining, iron ore, hazard, process hazard analysis, process-engineering safety, salt solution mining, facility evaluation, contractor safety management, maintenance safety, off-the-job safety, excavation mine planning, coal mine, borehole, machine safety, Occupational Safety and Health Administration, National Institute for Occupational Safety and Health, human-health risk assessment, Code of Federal Regulations, air-quality assessment, shale-oil mining, hazard communication, examination, industrial safety, American Society for Testing and Materials, National Institute for Occupational Safety and Health regulation, manufacturer, occupational safety, industrial engineering, solution mining, excavation shaft, product safety, plant safety, Occupational Safety and Health Administration regulation, OSHA 29CFR 1910.119, mining waste, mineral, mineral processing, gold, explosion safety, dosimetry

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