Review Of MSHA Larry Harshbarger Heritage Group Safety

History Of Mine Safety Legislation

Mine Disaster History Most of our current mine safety laws were passed in response to mine disasters

Mine Disaster History Average deaths each year during decade 1900’s – ’s – ’s – ’s – ’s – ’s – ’s – ’s – ’s – – ’s – – 56

Mine Disaster History 26 disasters with more than 100 deaths 1907 over 4000 miners died (1 out of every 200 miners)

1900 Winter Quarters No. 4, Scofield, Utah 200 died Powder ignited & triggering the blast Many were married, immigrant miners Families wiped out

1907 Fairmont Coal, Monongah, WV 362 killed Worst U.S. mine disaster Over 1000 widows & orphans Initiated by blasting powder accident

1968 Consol No. 9, Farmington, WV 78 died Fires & explosions raged for days Mine sealed & opened a year later to recover bodies Cause never determined

1972 Sunshine Mine, Kellogg Idaho 91 died of carbon monoxide poisoning 80 escaped before hoists stopped working 2 rescued after 7 days Spontaneous combustion in refuse

Sago Mine, WV 2006

1891 Protection of Miners Act Inspect coal mines annually Ventilation requirements established Children under 12 banned from working underground coal

1910 Organic Act Established the Bureau of Mines

1941 Public Law 49 Authorized Bureau of Mines to inspect coal mines No regulations established No enforcement power given to inspectors

Federal Coal Mine Safety Act Annual inspections Gave enforcement power to Bureau of Mines Only imminent danger conditions at large mines Expanded to small mines in 1966

1966 Metal & Non- Metal Mine Safety Act Defined health & safety standards Provided inspections for M/NM mines Required reporting of accidents, injuries, & diseases

1969 Federal Coal Mine Health & Safety Act Strengthened coal mine safety standards Provided Black Lung Benefits for miners

Consolidated federal mining regulations Covered both coal & non-coal mining Miners' rights expanded MSHA established under Dept. of Labor Ensure safe & healthful working conditions Mine Act Of 1977

Federal Mine Safety & Health Act of 1977, Public Law , as amended by Public Law An Act

(A)First priority & concern of all in mining industry must be the health and safety of its most precious resource - the miner Federal Mine Safety & Health Act of 1977, Public Law , as amended by Public Law An Act

(B)Deaths & serious injuries from unsafe & unhealthful conditions & practices in the mines cause grief & suffering to the miners and to their families Federal Mine Safety & Health Act of 1977, Public Law , as amended by Public Law An Act

(C)There is an urgent need to provide more effective means & measures for improving the working conditions and practices in the Nation's mines in order to prevent death and serious physical harm, and in order to prevent occupational diseases originating in such mines Federal Mine Safety & Health Act of 1977, Public Law , as amended by Public Law An Act

(D)The existence of unsafe and unhealthful conditions and practices in the Nation's mines is a serious impediment to the future growth of the mining industry & cannot be tolerated Federal Mine Safety & Health Act of 1977, Public Law , as amended by Public Law An Act

(E)The operators of such mines with the assistance of the miners have the primary responsibility to prevent the existence of such conditions & practices in such mines Federal Mine Safety & Health Act of 1977, Public Law , as amended by Public Law An Act

(F)The disruption of production & loss of income to operators and miners as a result of mine accidents impedes & burdens commerce Federal Mine Safety & Health Act of 1977, Public Law , as amended by Public Law An Act

Section 103(a) Authorizes federal mine inspectors: –No warrant required –determine if imminent danger exists –determine compliance with safety standards –inspect surface mines 2 times a year –inspect underground mines 4 times a year –obtain, use, & disseminate info relating to safety, accident causes, & causes of diseases;

Section 104(a) Authorizes Federal mine inspectors to issue citations if they believe there has been a violation of: –The Act, or –Any mandatory health or safety standard, rule, order, or regulation promulgated pursuant to this Act.

104(a) Citation If inspector believes there is a violation, a citation must be issued Inspector sets reasonable time to abate S&S = Significant & Substantial 1.Reasonable likelihood hazard will (has) result in injury 2.Injury will be reasonably serious

104(b) Order Failure To Abate Withdrawal order Not terminating citation within time period given

104(d)(1) Citation Unwarrantable failure First citation must be S&S with high negligence Degree of operator’s fault or guilt in causing violation Cannot be recordkeeping or procedural violations

104(d)(1) Order Unwarrantable failure violation Similar violations During same inspection or within 90 days Cycle goes on until clean inspection

104(e)(1) Order Pattern of violations order 2 year screening Repeated S&S violations of same standard Repeated S&S violations of standards related to same hazard Repeated Unwarrantable failure findings

104(g)(1) Order Untrained Miner Not received safety training Miner withdrawn from mine until trained

107(a) Order Imminent danger Condition or practice that can reasonably be expected to cause death or serious injury before it can be abated

110(c) & (d) Willful & Knowing Failure to comply with standard is “willful” if done knowingly by mine operator Close eyes to or deliberate indifference toward standard which defendant should have known at the time of violation 1 year jail, up to $60,000 fine

110(f) False Statements Knowingly makes false statement, representation, or certification Any application, record, report, plan, or other document filed or required fine up to $250,000, five years jail, or both

MSHA

MSHA’s Mission Administer Mine Act of 1977 Enforce compliance with standards to: –eliminate fatal accidents –reduce nonfatal accidents –minimize health hazards –promote improved safety and health conditions Over all mining & mineral operations in U.S.

MSHA Organization

Compliance Assistance ENFORCEMENT TECHNICAL SUPPORT Compliance Assistance Triangle of Success Triangle of Success EDUCATION & TRAINING Compliance Assistance

MSHA Basics Standards published in 30 CFR Promulgate, revoke, or modify mine safety & health standards Conduct mine safety & health inspections Issue citations & penalties for violations Issue withdrawal orders Grant variances

30 CFR Standards cover all regulations in all mines

Citations 1.Date 2.Time 3.Citation/Order Number 4.Served To 5.Operator 6.Mine 7.Mine ID

Citations 8.Conditions or Practice 9c.Part/Section of Title 30 CFR 10.Gravity a.Injury or illness: (No Likelihood, Unlikely, Reasonably, Highly, Occurred) b.Injury or illness expected to be: (No Lost Time, Lost/restricted, Permanently Disabled, Fatal) c.Significant & Substantial (Yes or No)

Citations 11.Negligence: (None, Low, Moderate, High, Reckless Disregard) 12. Type of Action 13.Type of Issuance: (Citation, Order or Safeguard) 16. Termination Due 17.Action to Terminate 18.Terminated

Penalties Single Penalty Regular Formula Special Assessment

Single Penalty Minor violations (non S&S) 104(a) non-S&S citations that are timely abated No excessive history of violations $60 fine

S&S Penalty Formula History of previous violations Size of mine Negligence of operator Gravity of violation Good faith Ability to continue in business Up to $60,000 fine

Special Assessment No fixed formula PPE Fatalities & serious injuries Unwarrantable failure Operating in defiance of a closure order Deny right of entry Imminent danger Discrimination

Example 1 Belt not running No one in area 104(a) non-S&S citation Timely abated No excessive violation history Single penalty $60

Example 1 Belt not running No one in area 104(a) non-s&s citation Without timely abatement $1,247

Example 1 Belt not running No one in area 104(a) non-s&s citation Timely abated Excessive history of violations $872

Example 2 Belt running Employee shoveling under belt drive 104(a) S&S citation Timely abated Regular assessment 30% reduction $317

Example 2 Belt running Employee shoveling under belt drive 104(a) S&S citation No timely abatement (104b order) Regular assessment; no 30% reduction; add 10 penalty points $1,815

Average Regular Assessments With 30% Reduction - $255 Without 30% Reduction - $587

Example 3 Belt running Employee shoveling Foreman directing work 104(d) unwarrantable failure citation Timely abated Regular assessment Possible 110 action $655

Example 3 Belt running Employee shoveling Foreman directing work 104(d) unwarrantable failure order Regular assessment Possible 110 action $936

Example 3 Belt running Employee shoveling Foreman directing work 104(d) unwarrantable failure citation or order Special Assessment Possible 110 action $1,500

Example 3 Belt running Employee shoveling Foreman directing work 104(d) unwarrantable failure citation or order Special Assessment Possible 110 action $31,000

Average Special Assessments Non-accident-related - $1,500 Accident-related - $31,000 Director, Officer, Agent - $957 Miner Smoking - $181 Discrimination - $1,813

Points to Remember Inspections are mandatory by law Violations must be cited Cited violations receive a penalty Purpose of the penalty is to encourage safety & health

Enforcement Federal Appeals Court Federal Mine S & H Review Commission Administrative Law Judge Informal Conference Mine Act of CFR MSHA Enforcement

Informal Conference Appeal of Citation Appeal of S&S Contact District Office to set up telephone conference Prepare

ALJ Hearings Submit Notice of Contest of a citation MSHA attorney assigned to case Settlements are possible This is a trial

Review Commission Five members Independent, not affiliated with DOL Appeal must be based on issue raised before ALJ Losing party may appeal to Federal Court of Appeals

Miner’s Rights Request inspection & point out violations Miner’s Rep may accompany inspector & participate in post inspection conference Observe monitoring & examine records Access to personal records Must be informed of over-exposures

Miner’s Rights Right to regular rate of pay if removed to another job because of health reasons Compensation during withdrawal orders May contest MSHA citation Right to training with compensation Right to Black Lung compensation

Discrimination A miner cannot be fired, not hired, transferred to lower paying job, harassed, or lose job benefits for these rights: –Filing a complaint –Instituting or testifying –Medical evaluation leading to job transfer –Being withdrawn from mine

Inspection Participation Right to accompany inspectors during inspections Provide inspector with useful information Better understand the Act’s safety requirements Suffer no loss of pay

Request Inspection Right to obtain an inspection Work with management first Phone, letter, fax, Circumstances warrant, MSHA will inspect Written notice if no inspection

Right To Pay Withdrawal order closed mine –Paid for balance of shift –Up to 4 hours of next shift –Up to 1 week for non-compliance –2X pay if withdrawal notice ignored Compensation complaints to MSHA

Training 8 hour annual refresher New miner New task training Newly hired experienced miners Site specific hazard training Normal pay during training Receive a training certificate

Medical Rights Right to health protection Annual audiograms Medical examinations for miners exposed to toxic materials Black lung rights (X-rays & Benefits)

Information Rights May contest MSHA citations Receive copy of orders, notices & citations Accident Investigation records Bulletin board for posting

Miner Responsibilities Assist to achieve safe conditions Report all safety hazards Obey company safety rules No smoking within 50’ of flammables False statements & fraud (applications, records & reports, training certificates, & other MSHA required documents)

Other Considerations Emergency temporary standards Variances for safety but not health standards No advance warning of inspection

Training

National Mine Health & Safety Academy Beckley, WV Training for MSHA inspectors, technical support & mining professionals Mine Simulation Laboratory

Simulated coal mine with an indoor burn room on lower level Simulated M/NM mine on second floor

Training Materials

Fatalgrams

30 CFR Mine Safety & Health Standards

Part 41 Legal ID All mines must be registered with MSHA Each mine has unique ID # Any changes filed within 30 days

Part 45 Contractors Obtain MSHA ID # Independent Contractor Register Must conform to MSHA regulations Must be miner trained

Part 46 Training M/NM surface Training plan Training record ( ) New miner (24 hrs) Experienced miners Task Annual refresher (8 hrs) Site-specific

Part 47 HazCom Same as OSHA except temporary containers –Not labeled if miner fills it and it is emptied by end of shift –Label can just be chemical name written

Part 48 Training Underground Surface coal Submit & approved training plan Training record ( ) New miner (40 hrs) Experienced miners (8 hrs) Task Annual refresher (8 hrs)

Part 50 Recordkeeping Immediate notification of accident Report injury & illness (7000-1) Quarterly Employment & Production Report (7000-2)

Part 62 Noise Same as OSHA except hearing protection not considered, noise must be engineered out

Safety Standards Part 56 M/NM Surface Part 57 M/NM Underground Part 58 M/NM Health Part 70 Coal Health Part 75 Coal Underground Part 77 Coal Surface

Part 56 Subpart A General Definitions Page 23

Part 56 Subpart B Ground Control Highwall & bank stability Examinations Correction of hazardous conditions Page 31

Part 56 Subpart C Fire Prevention Housekeeping Fire fighting equipment Procedures & drills Liquids & gases Installation Hot work Ventilation Page 37

Part 56 Subpart D Air Quality Exposure limits (ACGIH 1973) Monitoring Control Radon DPM Page 65

Part 56 Subpart E Explosives Storage Transportation Use Electrical blasting Non-electrical blasting Page 89

Part 56 Subpart F Drilling Inspection Equipment Page 117

Part 56 Subpart H Load, Haul & Dump Traffic Safety Transportation of persons & material Safety Devices Page 127

Part 56 Subpart I Aerial Tramways Inspection & maintenance Loads Riding Page 135

Part 56 Subpart J Travelways Safe access Walkways Handrails Ladders Exits Page 137

Part 56 Subpart K Electricity Grounding Insulation & fittings Ground testing Powerlines Correction of dangerous conditions Page 145

Part 56 Subpart L Compressed Air Compressors Tanks Inspection Use Boilers Page 155

Part 56 Subpart M Machines & Equipment Pre-shifts Safety devices Maintenance Guards Warnings Seatbelts Railroads Page 161

Part 56 Subpart N Personal Protection First-aid Hardhats Footwear Eye Safety belts Life jackets Page 181

Part 56 Subpart O Storage & Handling Hazardous materials Confined space Gas cylinders Cranes Forklifts Page 181

Part 56 Subpart P Illumination Surface working areas Individual electric lamps Page 186

Part 56 Subpart Q Safety Programs Workplace exams First aid Emergencies Working alone Page 187

Part 56 Subpart R Personnel Hoisting Hoists Wire Ropes Headframes Hoisting Procedures Signaling Shafts Inspection/Maintenance Page 191

Part 56 Subpart S Miscellaneous Housekeeping Potable water Toilet facilities Barricades Waste receptacles Food & toxics Abandoned Mines Page 207

Part 56 Subpart T Methane Mine category Fire prevention Ventilation Equipment Explosives Page 211

MSHA vs. OSHA

State Plans No State PlansState Plans

Inspections Underground 4 Surface 2 No Mandatory Inspections

Inspections No Warrant Necessary Warrant May Be Necessary

Inspections Employee Rep Entitled To Inspection Walk Around Pay No Walk Around Pay

Inspectors Must Have 5 Years of Mining Experience No Experience Required

General Duty NoYes

Regulations GeneralSpecific

Penalties Mandatory Penalties For All Citations No Mandatory Penalties For All Citations

Closure Closure Order Power Vested In Inspectors Closure Order By Court Order Only

Abatement Required Regardless Of Violation Contest Notice Of Contest Suspends Abatement

Individual Civil Penalty Corporate Officers For Knowing Violations 1 Year W/O Fatality Corporate Officers For Knowing Violations 6 Months For Fatality

Injury & Illness Reported To MSHA Within 10 Working Days Not Reported Maintained On Log

Training New Employee, Refresher & Task Training is Mandatory No Mandatory Minimum Training Requirements Specific Standards Require Training

Questions?