Review Of MSHA Larry Harshbarger Heritage Group Safety.

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Presentation transcript:

Review Of MSHA Larry Harshbarger Heritage Group Safety

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

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

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

Penalties Single Penalty Regular Formula Special Assessment

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

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

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

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

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