1. Review Of MSHA Larry Harshbarger Heritage Group Safety

2. History Of Mine Safety Legislation

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

4. Mine Disaster History Average deaths each year during decade 1900’s – 2841 1960’s – 446 1910’s – 3250 1970’s – 307 1920’s – 2742 1980’s – 159 1930’s – 1560 1990’s – 96 1940’s – 1412 2002 – 67 1950’s – 650 2003 – 56

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

6. 1900 Winter Quarters No. 4, Scofield, Utah 200 died Powder ignited & triggering the blast Many were married, immigrant miners Families wiped out

7. 1907 Fairmont Coal, Monongah, WV 362 killed Worst U.S. mine disaster Over 1000 widows & orphans Initiated by blasting powder accident

8. 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

9. 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

10. Sago Mine, WV 2006

11. 1891 Protection of Miners Act Inspect coal mines annually Ventilation requirements established Children under 12 banned from working underground coal

12. 1910 Organic Act Established the Bureau of Mines

13. 1941 Public Law 49 Authorized Bureau of Mines to inspect coal mines No regulations established No enforcement power given to inspectors

14. 1952 - 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

15. 1966 Metal & Non- Metal Mine Safety Act Defined health & safety standards Provided inspections for M/NM mines Required reporting of accidents, injuries, & diseases

16. 1969 Federal Coal Mine Health & Safety Act Strengthened coal mine safety standards Provided Black Lung Benefits for miners

17. 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

18. Federal Mine Safety & Health Act of 1977, Public Law 91-173, as amended by Public Law 95-164 An Act

19. (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 91-173, as amended by Public Law 95-164 An Act

20. (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 91-173, as amended by Public Law 95-164 An Act

21. (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 91-173, as amended by Public Law 95-164 An Act

22. (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 91-173, as amended by Public Law 95-164 An Act

23. (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 91-173, as amended by Public Law 95-164 An Act

24. (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 91-173, as amended by Public Law 95-164 An Act

25. 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;

26. 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.

27. 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

28. 104(b) Order Failure To Abate Withdrawal order Not terminating citation within time period given

29. 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

30. 104(d)(1) Order Unwarrantable failure violation Similar violations During same inspection or within 90 days Cycle goes on until clean inspection

31. 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

32. 104(g)(1) Order Untrained Miner Not received safety training Miner withdrawn from mine until trained

33. 107(a) Order Imminent danger Condition or practice that can reasonably be expected to cause death or serious injury before it can be abated

34. 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

35. 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

36. MSHA

37. www.msha.gov

38. 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.

39. MSHA Organization

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

41. 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

42. 30 CFR Standards cover all regulations in all mines

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

44. 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)

45. 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

46. Penalties Single Penalty Regular Formula Special Assessment

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

48. 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

49. 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

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

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

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

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

54. 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

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

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

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

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

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

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

61. 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

62. Enforcement Federal Appeals Court Federal Mine S & H Review Commission Administrative Law Judge Informal Conference Mine Act of 1977 30 CFR MSHA Enforcement

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

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

65. 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

66. 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

67. 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

68. 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

69. 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

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

71. 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

72. 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

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

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

75. 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)

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

77. Training

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

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

80. Training Materials

81. Fatalgrams

83. 30 CFR Mine Safety & Health Standards

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

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

86. Part 46 Training M/NM surface Training plan Training record (5000-23) New miner (24 hrs) Experienced miners Task Annual refresher (8 hrs) Site-specific

87. 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

88. Part 48 Training Underground Surface coal Submit & approved training plan Training record (5000-23) New miner (40 hrs) Experienced miners (8 hrs) Task Annual refresher (8 hrs)

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

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

91. 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

92. Part 56 Subpart A General Definitions Page 23

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

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

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

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

97. Part 56 Subpart F Drilling Inspection Equipment Page 117

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

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

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

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

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

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

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

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

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

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

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

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

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

111. MSHA vs. OSHA

112. State Plans No State PlansState Plans

113. Inspections Underground 4 Surface 2 No Mandatory Inspections

114. Inspections No Warrant Necessary Warrant May Be Necessary

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

116. Inspectors Must Have 5 Years of Mining Experience No Experience Required

117. General Duty NoYes

118. Regulations GeneralSpecific

119. Penalties Mandatory Penalties For All Citations No Mandatory Penalties For All Citations

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

121. Abatement Required Regardless Of Violation Contest Notice Of Contest Suspends Abatement

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

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

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

125. Questions?