Review Of MSHA Larry Harshbarger Heritage Group Safety

History Of Mine Safety Legislation

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

Mine Disaster History Average deaths per year during decade 1900’s – ’s – ’s – ’s – ’s – ’s – ’s – ’s – ’s – – ’s – – 76

Mine Disaster History 26 disasters with >100 deaths out of every 200 miners

1900 Scofield, Utah 200 died Powder ignited triggering the blast Many immigrant miners Families wiped out

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

1968 Farmington, WV 78 died Fires & explosions raged for days Mine sealed & opened a year later to recover bodies Cause never determined

1968 Farmington, WV Grabbed nation’s attention by being televised Congress outraged by UMW’s Tony Boyle’s statement that fatalities are inherent part of mining & nothing stop the deaths

1972 Sunshine Mine 91 died of CO poisoning 80 escaped before hoists stopped working 2 rescued after 7 days

Regulations

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

1910 Organic Act Established 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 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 Inspections for M/NM mines Required reporting of accidents, injuries, & diseases

1969 Federal Coal Mine Health & Safety Act Strengthened coal safety regs Black lung benefits for miners

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

Mine Act Of 1977

A.First priority & concern of all in mining industry must be the health and safety of its most precious resource - the miner Page 1

Mine Act Of 1977 B.Deaths & serious injuries from unsafe & unhealthful conditions & practices in the mines cause grief & suffering to the miners and to their families Page 1

Mine Act Of 1977 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 Page 1

Mine Act Of 1977 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 Page 1

Mine Act Of 1977 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 Page 1

Mine Act Of 1977 F.The disruption of production & loss of income to operators and miners as a result of mine accidents impedes & burdens commerce Page 1

Section 103(a) Authorizes federal mine inspectors: –No warrant required –Determine if imminent danger exists –Determine compliance –Surface mines 2 times a year –Underground mines 4 times a year –Obtain, use, & disseminate info relating to safety, accident causes, & causes of diseases Page 11

Section 104(a) Authorizes 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 Page 14

104(a) Citation If inspector believes there is a violation, a citation must be issued Reasonable time to abate S&S = Significant & Substantial –Reasonable likelihood hazard will (has) result in injury –Injury will be reasonably serious Page 14

104(b) Order Failure To Abate Withdrawal order Not terminating citation within time period given Page 14

Unwarrantable Failure Aggravated conduct constituting more than ordinary negligence Time violation left uncorrected Obvious or extensive condition Serious violation requiring operator increased attention

Mine examination not conducted or ineffective Repeat violation Deliberate activity by operator Operator knew or had reason to know that its action violated a standard Unwarrantable Failure

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 Page 15

104(d)(1) Order Unwarrantable failure violation Similar violations During same inspection or within 90 days Cycle goes on until clean inspection Page 15

104(e)(1) Order Pattern of violations order 2 year screening Repeated S&S of same standard Repeated S&S of standards related to same hazard Repeated Unwarrantable failure findings Page 16

104(g)(1) Order Untrained Miner Not received safety training Miner withdrawn from mine until trained Page 17

107(a) Order Imminent danger Condition or practice that can reasonably be expected to cause death or serious injury before it can be abated Page 23

110(c) & (d) Willful & Knowing “Willful” if done knowingly by mine operator Close eyes or deliberate indifference which defendant should have known at the time of violation 1 year jail, up to $60,000 fine Page 26

110(f) Knowingly makes false statement, representation, or certification Any application, record, report, plan, or other document filed or required Fine up to $250,000, 5 years jail Page 27

MSHA

MSHA’s Mission Administer Mine Act of 1977 Enforce compliance to: –eliminate fatal accidents –reduce nonfatal accidents –minimize health hazards –promote improved safety & health conditions Over all mine & mineral operations

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 inspections Issue citations & penalties for violations

MSHA Basics Issue withdrawal orders Grant variances Must issue citation for every violation noticed All citations are fined

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 – removed by MINER Act Regular Formula Special Assessment

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 $70,000 fine

Special Assessment No fixed formula PPE Fatalities & serious injuries Unwarrantable failure

Flagrant Violations – Reckless Failure S & S Evaluated at permanently disabling Unwarrantable failure Negligence evaluated as reckless disregard

Flagrant Violations – Repeated Failure 1.S & S 2.Evaluated at permanently disabling 3.Unwarrantable failure 4.2 prior “unwarrantable failure” violations of the same standard cited within past 15 months

Special Assessment 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 $112

Example 1 Belt not running No one in area 104(a) non-s&s citation Without timely abatement $400

Example 1 Belt not running No one in area 104(a) non-s&s citation Timely abated Excessive history of violations $1,072

Example 2 Employee shoveling under running belt 104(a) S&S citation Regular assessment Timely abated - 10% reduction $517

Example 2 Employee shoveling under running belt 104(a) S&S citation Not timely abated No 10% reduction; add 10 penalty points $3,815

Average Assessments With 10% Reduction - $355 Without 10% Reduction - $887

Example 3 Belt running Employee shoveling & foreman directing 104d unwarrantable failure citation Timely abated Regular assessment Possible 110 action $>2,000

Example 3 Belt running Employee shoveling & foreman directing 104d unwarrantable failure order Regular assessment Possible 110 action $10,000

Example 3 Belt running Employee shoveling & foreman directing 104d unwarrantable failure citation or order Special Assessment Possible 110 action $50,000

Average Special Assessments Non-accident-related - $1,500 Accident-related - $31,000 Director, Officer, Agent - $957 Miner Smoking - $375 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 Mine S&H Review Commission ALJ 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 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 (page 3)

Inspection Participation Right to accompany inspectors during inspections Provide inspector with useful information Better understand Act’s safety requirements Suffer no loss of pay (page 3)

Request Inspection Right to obtain an inspection Work with management first Phone, letter, fax, Circumstances warrant, MSHA will inspect Written notice if no inspection (page 8)

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 (page 10)

Training 8 hour annual refresher New miner New task training Newly hired experienced miners Site specific hazard training Normal pay during training Receive training certificate (page 15)

Medical Rights Right to health protection Annual audiograms Medical examinations for miners exposed to toxic materials Black lung rights (X-rays & benefits) (page 32)

Information Rights May contest MSHA citations Receive copy of orders, notices & citations Accident Investigation records Bulletin board for posting (page 37)

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) (page 44)

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

Training

Academy Training for MSHA inspectors, technical support & mining professionals Mine Simulation Lab

Simulated coal mine with indoor burn room Simulated M/NM mine

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 (24 hrs) Newly-hired experienced Task Annual (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 Approved training plan Training record ( ) New (40 hrs) Experienced miners (8 hrs) Task Annual (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

General Definitions Page 23

Ground Control Highwall & bank stability Examinations Correction of hazardous conditions Page 31

Fire Prevention Housekeeping Fire fighting equipment Procedures, alarms & drills Liquids & gases Installation, construction & maintenance Hot work Ventilation Page 37

Air Quality Exposure limits (ACGIH 1973) Monitoring Control Radon Diesel Particulate Matter Page 65

Explosives Storage Transportation Use Electrical blasting Non-electrical blasting Page 89

Drilling Inspection Equipment Page 117

Load, Haul & Dump Page 127 Traffic Safety Transportation of persons & material Safety Devices

Aerial Tramways Inspection & maintenance Loads Riding Page 135

Travelways Safe access Walkways Handrails Ladders Exits Page 137

Electricity Grounding Insulation & fittings Ground testing Powerlines Correct dangerous conditions Page 145

Compressed Air Compressors Tanks Inspection Use Boilers Page 155

Machines & Equipment Pre-shifts Safety devices Maintenance Guards Warnings Seatbelts Railroads Page 161

Personal Protection First-aid Hardhats Footwear Eye Safety belts Life jackets Page 181

Storage & Handling Hazardous materials Confined space Gas cylinders Cranes Forklifts Page 181

Illumination Surface working areas Individual electric lamps Page 186

Safety Programs Workplace exams First aid Emergencies Working alone Page 187

Personnel Hoisting Hoists Wire Ropes Headframes Hoisting Procedures Signaling Shafts Inspection/Maintenance Page 191

Miscellaneous Housekeeping Potable water Toilet facilities Barricades Trash cans Food & toxics Abandoned Mines Page 207

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 gets inspection walk around pay No walk around pay

Inspectors 5 years 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 Knowing violations 1 year W/O fatality 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 minimum specific standards require training