EAGLEMINESAFETYEAGLEMINESAFETY PRESENTS: “THE DEPTH OF ONE’S INTEGRITY IS ROOTED IN THE FOUNDATION OF ONE’S PERSONAL PRIDE, PROFESSIONAL MORALS & COMMITMENT TO EXCELLENCE”

METAL/NONMETAL MINE FATALITY - On August 29, 2007, a 41 year-old wash plant operator with 1½ years experience was fatally injured at a sand and gravel operation. The victim was preparing to patch a hole in a discharge pipe located under the classifier. He was positioned on a plank placed across the top of an open tank located under the pipe. The plank broke and he fell approximately 7 feet to the bottom of the empty tank.

30 CFR § 56/ Examination of working places (a) A competent person designated by the operator shall examine each working place at least once each shift for conditions which may adversely affect safety or health. The operator shall promptly initiate appropriate action to correct such conditions.(a) A competent person designated by the operator shall examine each working place at least once each shift for conditions which may adversely affect safety or health. The operator shall promptly initiate appropriate action to correct such conditions. (b) A record that such examinations were conducted shall be kept by the operator for a period of one year, and shall be made available for review by the Secretary or his authorized representative.(b) A record that such examinations were conducted shall be kept by the operator for a period of one year, and shall be made available for review by the Secretary or his authorized representative. (c) In addition, conditions that may present an imminent danger which are noted by the person conducting the examination shall be brought to the immediate attention of the operator who shall withdraw all persons from the area affected (except persons referred to in section 104(c) of the Federal Mine Safety and Health Act of 1977) until the danger is abated.(c) In addition, conditions that may present an imminent danger which are noted by the person conducting the examination shall be brought to the immediate attention of the operator who shall withdraw all persons from the area affected (except persons referred to in section 104(c) of the Federal Mine Safety and Health Act of 1977) until the danger is abated.

LETS BREAK IT DOWN…

30 CFR § 56/ Examination of working places (a) A competent person designated by the operator shall examine each working place at least once each shift for conditions which may adversely affect safety or health. The operator shall promptly initiate appropriate action to correct such conditions.(a) A competent person designated by the operator shall examine each working place at least once each shift for conditions which may adversely affect safety or health. The operator shall promptly initiate appropriate action to correct such conditions.

30 CFR § 56/ Examination of working places (a) A competent person designated by the operator shall examine each working place at least once each shift for conditions which may adversely affect safety or health. The operator shall promptly initiate appropriate action to correct such conditions.(a) A competent person designated by the operator shall examine each working place at least once each shift for conditions which may adversely affect safety or health. The operator shall promptly initiate appropriate action to correct such conditions. “A person having abilities and experience that fully qualify him to perform the duty to which he is assigned.” This definition includes any person who, in the judgment of the operator, is fully qualified to perform the assigned task & MSHA does not require that a competent person be a mine foreman, mine superintendent or other person associated with mine management.

Verification of Working Place Examinations Supervisors may designate a competent person to perform working place examinations.Supervisors may designate a competent person to perform working place examinations. Supervisors shall verify the adequacy of working place examinations performed if a person other than themselves perform the exam.Supervisors shall verify the adequacy of working place examinations performed if a person other than themselves perform the exam.

30 CFR § Examination of working places (a) A competent person designated by the operator shall examine each working place at least once each shift for conditions which may adversely affect safety or health. The operator shall promptly initiate appropriate action to correct such conditions.(a) A competent person designated by the operator shall examine each working place at least once each shift for conditions which may adversely affect safety or health. The operator shall promptly initiate appropriate action to correct such conditions. “Any place in or about a mine where work is being performed”. The phrase applies to those locations at a mine site where persons work during a shift in the mining or milling process.

30 CFR § 56/ Examination of working places (a) A competent person designated by the operator shall examine each working place at least once each shift for conditions which may adversely affect safety or health. The operator shall promptly initiate appropriate action to correct such conditions.(a) A competent person designated by the operator shall examine each working place at least once each shift for conditions which may adversely affect safety or health. The operator shall promptly initiate appropriate action to correct such conditions. Immediately stop the unsafe action and/or eliminate or control the hazardous condition that has been observed…NOW!

30 CFR § 56/ Examination of working places (continued) (b) A record that such examinations were conducted shall be kept by the operator for a period of one year, and shall be made available for review by the Secretary or his authorized representative.(b) A record that such examinations were conducted shall be kept by the operator for a period of one year, and shall be made available for review by the Secretary or his authorized representative.

30 CFR § 56/ Examination of working places (continued) (b) A record that such examinations were conducted shall be kept by the operator for a period of one year, and shall be made available for review by the Secretary or his authorized representative.(b) A record that such examinations were conducted shall be kept by the operator for a period of one year, and shall be made available for review by the Secretary or his authorized representative. These records must include the date the examination was made; the examiner's name; and the working places examined.

MSH ACT 1977 Sec. 110 (f) Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this Act shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than five years, or both.

30 CFR § 56/ Examination of working places (continued) (c) In addition, conditions that may present an imminent danger which are noted by the person conducting the examination shall be brought to the immediate attention of the operator who shall withdraw all persons from the area affected (except persons referred to in section 104(c) of the Federal Mine Safety and Health Act of 1977) until the danger is abated.(c) In addition, conditions that may present an imminent danger which are noted by the person conducting the examination shall be brought to the immediate attention of the operator who shall withdraw all persons from the area affected (except persons referred to in section 104(c) of the Federal Mine Safety and Health Act of 1977) until the danger is abated.

30 CFR § 56/ Examination of working places (continued) (c) In addition, conditions that may present an imminent danger which are noted by the person conducting the examination shall be brought to the immediate attention of the operator who shall withdraw all persons from the area affected (except persons referred to in section 104(c) of the Federal Mine Safety and Health Act of 1977) until the danger is abated.(c) In addition, conditions that may present an imminent danger which are noted by the person conducting the examination shall be brought to the immediate attention of the operator who shall withdraw all persons from the area affected (except persons referred to in section 104(c) of the Federal Mine Safety and Health Act of 1977) until the danger is abated. "the existence of any condition or practice in a mine which could reasonably be expected to cause death or serious physical harm before such condition or practice can be abated."

30 CFR § 56/ Examination of working places (continued) (c) In addition, conditions that may present an imminent danger which are noted by the person conducting the examination shall be brought to the immediate attention of the operator who shall withdraw all persons from the area affected (except persons referred to in section 104(c) of the Federal Mine Safety and Health Act of 1977) until the danger is abated.(c) In addition, conditions that may present an imminent danger which are noted by the person conducting the examination shall be brought to the immediate attention of the operator who shall withdraw all persons from the area affected (except persons referred to in section 104(c) of the Federal Mine Safety and Health Act of 1977) until the danger is abated. All employees, contractors, visitors, vendors & delivery persons.

“Double Dipping” Evidence that a previous shift examination was not conducted or that prompt corrective action was not taken will result in a citation for violation of §§ (a) or (c).Evidence that a previous shift examination was not conducted or that prompt corrective action was not taken will result in a citation for violation of §§ (a) or (c). This evidence may include information which demonstrates that safety or health hazards existed prior to the working shift in which they were found.This evidence may include information which demonstrates that safety or health hazards existed prior to the working shift in which they were found. Although the presence of hazards covered by other standards may indicate a failure to comply with this standard, MSHA does not intend to cite §§ automatically when the Agency finds an imminent danger or a violation of another standard.Although the presence of hazards covered by other standards may indicate a failure to comply with this standard, MSHA does not intend to cite §§ automatically when the Agency finds an imminent danger or a violation of another standard.

M. I. N. E. R. Act of 2006 A minimum penalty of $2,000 for a Section 104(d)(1) violation [S&S and unwarrantable failure], and $4,000 for a 104(d)(2) [withdrawal order following withdrawal order under (d)(1) for similar violations];A minimum penalty of $2,000 for a Section 104(d)(1) violation [S&S and unwarrantable failure], and $4,000 for a 104(d)(2) [withdrawal order following withdrawal order under (d)(1) for similar violations]; A maximum of $220,000 for flagrant violations;A maximum of $220,000 for flagrant violations; A maximum of $250,000, not more than a year in jail or both, for conviction for willfully violating a mandatory health and safety standard or knowingly violating or failing or refusing to comply with any Section 104 or 107 order. A conviction for a repeat violation could double the fine or result in up to 5 years in jail or both.A maximum of $250,000, not more than a year in jail or both, for conviction for willfully violating a mandatory health and safety standard or knowingly violating or failing or refusing to comply with any Section 104 or 107 order. A conviction for a repeat violation could double the fine or result in up to 5 years in jail or both.

Unwarrantable Failure ”Aggravated Conduct Constituting More Than Ordinary Negligence”… Amount of time the violation has been left uncorrectedAmount of time the violation has been left uncorrected Obvious and/or extensive conditionObvious and/or extensive condition Particularly serious violation requiring operator increased attentionParticularly serious violation requiring operator increased attention Mine examination not conducted or ineffectiveMine examination not conducted or ineffective Repeat violationRepeat violation Deliberate activity by the operatorDeliberate activity by the operator The operator knew or had reason to know that its action violated a mandatory standardThe operator knew or had reason to know that its action violated a mandatory standard

Flagrant Violation “a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health or safety standard that substantially and proximately caused, or reasonably could have been expected to cause, death or serious bodily injury.” “a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health or safety standard that substantially and proximately caused, or reasonably could have been expected to cause, death or serious bodily injury.”

METAL/NONMETAL MINE FATALITY - On September 20, 2007, a 49 year-old laborer with 32 years experience (2 days at the mine) was fatally injured at a sand and gravel operation. The victim went behind a guard, used a wooden handle shovel to clean under a conveyor belt take-up pulley, and was entangled in the pulley

Workplace Dangers HAVE THESE GUYS PERFORMED THE “SLAM” PROCESS?

WHAT DOES THIS MEAN?

–THINK THROUGH THE TASK BEFORE BEGINNING.S TOP – THINK THROUGH THE TASK BEFORE BEGINNING. –EXAMINE YOUR WORK AREA FOR HAZARDS.L OOK – EXAMINE YOUR WORK AREA FOR HAZARDS. –WHAT COULD HAPPEN TO YOURSELF AND OTHERS IF YOU DON’T ELIMINATE / CONTROL THE IDENTIFIED HAZARDS.A NALYSE – WHAT COULD HAPPEN TO YOURSELF AND OTHERS IF YOU DON’T ELIMINATE / CONTROL THE IDENTIFIED HAZARDS. –INITIATE YOUR ACTION PLAN TO ELIMINATE / CONTROL THE IDENTIFIED HAZARDS.M ANAGE – INITIATE YOUR ACTION PLAN TO ELIMINATE / CONTROL THE IDENTIFIED HAZARDS.

1 st ORDER OF PERCEPTION PREMISE EMPLOYEES WORK WITHIN A SYSTEM. EMPLOYEES WORK WITHIN A SYSTEM.

2 nd ORDER OF PERCEPTION PREMISE MANAGEMENT CREATES THE SYSTEM. MANAGEMENT CREATES THE SYSTEM.

PERCEPTION PREMISE CONCLUSION THEREFORE, IF THE SYSTEM FAILS…. THEREFORE, IF THE SYSTEM FAILS…. …IT IS REASONABLE TO CONCLUDE THAT A MANAGEMENT DEFFICIENCY EXISTS THAT HAS CREATED A DISJUNCTION BETWEEN THOSE THAT THEY MANAGE AND THEMSELVES WITH RESPECT TO DEFINED EXPECTATIONS.

ALL MANAGEMENT PERSONS MUST: ASSURE FOR THE SAFETY, HEALTH & WELFARE OF THOSE PERSONS IN HIS OR HER CARE BY: 1.FOLLOWING ALL APPLICABLE FEDERAL SAFETY REGULATIONS. 2.PROVIDE THE NECESSARY MEANS BY WHICH TO SAFELY PERFORM ASSIGNED TASKS. 3.IMMEDIATELY CORRECT UNSAFE BEHAVIORS / CONDITIONS AS OBSERVED OR OTHERWISE HAVE KNOWLEDGE OF. ASSURE FOR THE SAFETY, HEALTH & WELFARE OF THOSE PERSONS IN HIS OR HER CARE BY: 1.FOLLOWING ALL APPLICABLE FEDERAL SAFETY REGULATIONS. 2.PROVIDE THE NECESSARY MEANS BY WHICH TO SAFELY PERFORM ASSIGNED TASKS. 3.IMMEDIATELY CORRECT UNSAFE BEHAVIORS / CONDITIONS AS OBSERVED OR OTHERWISE HAVE KNOWLEDGE OF.

ALL HOURLY EMPLOYEES MUST: ASSURE FOR THE SAFETY, HEALTH & WELFARE OF THEMSELVES, THEIR FAMILIES AND THEIR CO-WORKERS BY: 1.FOLLOWING ALL APPLICABLE FEDERAL SAFETY REGULATIONS. 2.UTILIZE THE NECESSARY MEANS BY WHICH TO SAFELY PERFORM ASSIGNED TASKS. 3.IMMEDIATELY CORRECT UNSAFE BEHAVIORS / CONDITIONS AS OBSERVED OR OTHERWISE HAVE KNOWLEDGE OF. ASSURE FOR THE SAFETY, HEALTH & WELFARE OF THEMSELVES, THEIR FAMILIES AND THEIR CO-WORKERS BY: 1.FOLLOWING ALL APPLICABLE FEDERAL SAFETY REGULATIONS. 2.UTILIZE THE NECESSARY MEANS BY WHICH TO SAFELY PERFORM ASSIGNED TASKS. 3.IMMEDIATELY CORRECT UNSAFE BEHAVIORS / CONDITIONS AS OBSERVED OR OTHERWISE HAVE KNOWLEDGE OF.

DISCUSSION

THANK YOU FOR YOUR ATTENTION ! STEVEN D. SANDBROOK, CMSP EAGLE MINE SAFETY P.O. BOX 412 NAZARETH, PA / (OFFICE) 610 / (CELL 24 hrs) 888 / (TOLL FREE) 610 / (FAX) STEVEN D. SANDBROOK, CMSP EAGLE MINE SAFETY P.O. BOX 412 NAZARETH, PA / (OFFICE) 610 / (CELL 24 hrs) 888 / (TOLL FREE) 610 / (FAX)