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Take care, and remember to be in contact with your state officials to voice your concerns about MSHA. Our tax dollars pay for MSHA, which is under the Department of Labor. Our fine money goes into the general fund, and we cannot afford to keep paying out costly fines on the more and more frequent trivial citations to essentially support government spending. At least that is how I feel about it.

~ Kathy


______________________________________________

Saturday, April 4, 2009

Mine 46 Top Twenty MSHA Citations Explained:




#1:


MSHA - Title 30 CFR
30 CFR § 56.12004

Electrical conductors.


Electrical conductors shall be of a sufficient size and current-carrying capacity to ensure that a rise in temperature resulting from normal operations will not damage the insulating materials. Electrical conductors exposed to mechanical damage shall be protected.




#2:

MSHA - Title 30 CFR
30 CFR § 56.14112

Construction and maintenance of guards.

(a) Guards shall be constructed and maintained to--

(1) Withstand the vibration, shock, and wear to which they will be subjected during normal operation; and

(2) Not create a hazard by their use.

(b) Guards shall be securely in place while machinery is being operated, except when testing or making adjustments which cannot be performed without removal of the guard.



#3:


MSHA - Title 30 CFR
30 CFR § 56.14112

Construction and maintenance of guards.

(a) Guards shall be constructed and maintained to--

(1) Withstand the vibration, shock, and wear to which they will be subjected during normal operation; and

(2) Not create a hazard by their use.

(b) Guards shall be securely in place while machinery is being operated, except when testing or making adjustments which cannot be performed without removal of the guard.



#4:

MSHA - Title 30 CFR
30 CFR § 56.12032

Inspection and cover plates.


Inspection and cover plates on electrical equipment and junction boxes shall be kept in place at all times except during testing or repairs.



#5:


MSHA - Title 30 CFR
30 CFR § 56.12030

Correction of dangerous conditions.

When a potentially dangerous condition is found it shall be corrected before equipment or wiring is energized.



#6:


MSHA - Title 30 CFR
30 CFR § 56.12028

Testing grounding systems.

Continuity and resistance of grounding systems shall be tested immediately after installation, repair, and modification; and annually thereafter. A record of the resistance measured during the most recent tests shall be made available on a request by the Secretary or his duly authorized representative.

For more information: See MSHA'S Program Policy Manual



#7:

MSHA - Title 30 CFR
30 CFR § 56.14100

Safety defects; examination, correction and records.

SAFETY DEVICES AND MAINTENANCE REQUIREMENTS

(a) Self-propelled mobile equipment to be used during a shift shall be inspected by the equipment operator before being placed in operation on that shift.

(b) Defects on any equipment, machinery, and tools that affect safety shall be corrected in a timely manner to prevent the creation of a hazard to persons.

(c) When defects make continued operation hazardous to persons, the defective items including self-propelled mobile equipment shall be taken out of service and placed in a designated area posted for that purpose, or a tag or other effective method of marking the defective items shall be used to prohibit further use until the defects are corrected.

(d) Defects on self-propelled mobile equipment affecting safety, which are not corrected immediately, shall be reported to and recorded by the mine operator. The records shall be kept at the mine or nearest mine office from the date the defects are recorded, until the defects are corrected. Such records shall be made available for inspection by an authorized representative of the Secretary.

For more information: See MSHA'S Program Policy Manual



#8:


MSHA - Title 30 CFR
30 CFR § 56.12008

Insulation and fittings for power wires and cables.

Power wires and cables shall be insulated adequately where they pass into or out of electrical compartments. Cables shall enter metal frames of motors, splice boxes, and electrical compartments only through proper fittings. When insulated wires, other than cables, pass through metal frames, the holes shall be substantially bushed with insulated bushings.



#9:


MSHA - Title 30 CFR
30 CFR § 56.14107

Moving machine parts.

(a) Moving machine parts shall be guarded to protect persons from contacting gears, sprockets, chains, drive, head, tail, and takeup pulleys, flywheels, couplings, shafts, fan blades, and similar moving parts that can cause injury.

(b) Guards shall not be required where the exposed moving parts are at least seven feet away from walking or working surfaces.

For more information: See MSHA'S Program Policy Manual



#10:



MSHA - Title 30 CFR
30 CFR § 56.11012

Protection for openings around travelways.


Openings above, below, or near travelways through which persons or materials may fall shall be protected by railings, barriers, or covers. Where it is impractical to install such protective devices, adequate warning signals shall be installed.



#11:


MSHA - Title 30 CFR
30 CFR § 56.12018

Identification of power switches.

Principal power switches shall be labeled to show which units they control, unless identification can be made readily by location.



#12:

MSHA - Title 30 CFR
30 CFR § 56.14132

Horns and backup alarms.


(a) Manually-operated horns or other audible warning devices provided on self-propelled mobile equipment as a safety feature shall be maintained in functional condition.


(b)(1) When the operator has an obstructed view to the rear, self-propelled mobile equipment shall have


(b)(1)(i) An automatic reverse-activated signal alarm;


(b)(1)(ii) A wheel-mounted bell alarm which sounds at least once for each three feet of reverse movement;


(b)(1)(iii) A discriminating backup alarm that covers the area of obstructed view; or


(b)(1)(iv) An observer to signal when it is safe to back up.


(b)(2) Alarms shall be audible above the surrounding noise level.


(b)(3) An automatic reverse-activated strobe light may be used at night in lieu of an audible reverse alarm.


(c) This standard does not apply to rail equipment.



#13:


MSHA - Title 30 CFR
30 CFR § 56.14101

Brakes.

(a) Minimum requirements. (1) Self-propelled mobile equipment shall be equipped with a service brake system capable of stopping and holding the equipment with its typical load on the maximum grade it travels. This standard does not apply to equipment which is not originally equipped with brakes unless the manner in which the equipment is being operated requires the use of brakes for safe operation. This standard does not apply to rail equipment.

(2) If equipped on self-propelled mobile equipment, parking brakes shall be capable of holding the equipment with its typical load on the maximum grade it travels.

(3) All braking systems installed on the equipment shall be maintained in functional condition.

For more information: See MSHA'S Program Policy Manual

(b) Testing. (1) Service brake tests shall be conducted when an MSHA inspector has reasonable cause to believe that the service brake system does not function as required, unless the mine operator removes the equipment from service for the appropriate repair;

(2) The performance of the service brakes shall be evaluated according to Table M-1.

                                 Table M-1

+---------------------------+------------------------------------------------------------+
| | Equipment speed, MPH |
| Gross vehicle weight lbs. |-----|-----|-----|-----|-----|------|------|------|------|------|------|
| | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 |
+---------------------------+----+----+----+----+----+-----+-----+-----+-----+-----+-----+
| Service Brake Maximum Stopping Distance--Feet |
+---------------------------+----+----+----+----+----+-----+-----+-----+-----+-----+-----+
| 0-36000...................| 34 | 38 | 43 | 48 | 53 | 59 | 64 | 70 | 76 | 83 | 89 |
| 36000-70000...............| 41 | 46 | 52 | 58 | 62 | 70 | 76 | 83 | 90 | 97 | 104 |
| 70000-140000..............| 48 | 54 | 61 | 67 | 74 | 81 | 88 | 95 | 103 | 111 | 119 |
| 140000-250000.............| 56 | 62 | 69 | 77 | 84 | 92 | 100 | 108 | 116 | 125 | 133 |
| 250000-400000.............| 59 | 66 | 74 | 81 | 89 | 97 | 105 | 114 | 123 | 132 | 141 |
| Over 400000...............| 63 | 71 | 78 | 86 | 94 | 103 | 111 | 120 | 129 | 139 | 148 |
+---------------------------+----+----+----+----+----+-----+-----+-----+-----+-----+-----+


Stopping distances are computed using a constant decleration of 9.66 FPS(super)2 and system response response times of .5.1, 1.5, 2, 2.25 and 2.5 seconds for each increasing weight category respectively. Stopping distance values include a one-second operator response time.



#14:


MSHA - Title 30 CFR
30 CFR § 56.18002

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.

(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.

For more information: See MSHA'S Program Policy Manual



#15:


MSHA - Title 30 CFR
30 CFR § 56.4201

Inspection.


(a) Firefighting equipment shall be inspected according to the following schedules:


(1) Fire extinguishers shall be inspected visually at least once a month to determine that they are fully charged and operable.


(2) At least once every twelve months, maintenance checks shall be made of mechanical parts, the amount and condition of extinguishing agent and expellant, and the condition of the hose, nozzle, and vessel to determine that the fire extinguishers will operate effectively.


(3) Fire extinguishers shall be hydrostatically tested according to Table C-1 or a schedule based on the manufacturer's specifications to determine the integrity of extinguishing agent vessels.


(4) Water pipes, valves, outlets, hydrants, and hoses that are part of the mine's firefighting system shall be visually inspected at least once every three months for damage or deterioration and use-tested at least once every twelve months to determine that they remain functional.


(5) Fire suppression systems shall be inspected at least once every twelve months. An inspection schedule based on the manufacturer's specifications or the equivalent shall be established for individual components of a system and followed to determine that the system remains functional. Surface fire suppression systems are exempt from these inspection requirements if the systems are used solely for the protection of property and no persons would be affected by a fire.


(b) At the completion of each inspection or test required by this standard, the person making the inspection or test shall certify that the inspection or test has been made and the date on which it was made. Certifications of hydrostatic testing shall be retained until the fire extinguisher is retested or permanently removed from service. Other certifications shall be retained for one year.


Table C-1 Hydrostatic Test Intervals for Fire Extinguishers

      +-------------------------------------------------+----------+
| | Test |
| Extinguisher type | interval |
| | (years) |
+-------------------------------------------------+----------+
| Soda Acid.......................................| 5 |
| Cartridge-Operated Water and/or Antifreeze......| 5 |
| Stored-Pressure Water and/or Antifreeze.........| 5 |
| Wetting Agent...................................| 5 |
| Foam............................................| 5 |
| AFFF (Aqueous Film Forming Foam)................| 5 |
| Loaded Stream...................................| 5 |
| Dry-Chemical with Stainless Steel Shells........| 5 |
| Carbon Dioxide..................................| 5 |
| Dry-Chemical, Stored Pressure, with Mild | |
| Steel Shells, Brazed Brass Shells, | |
| or Aluminum Shells.............................| 12 |
| Dry-Chemical, Cartridge or Cylinder | |
| Operated, with Mild Steel Shells...............| 12 |
| Bromotrifluoromethane Halon 1301................| 12 |
| Bromochlorodifluoromethane Halon 1211...........| 12 |
| Dry-Powder, Cartridge or Cylinder-Operated, | |
| with Mild Steel Shells1........................| 12 |
+-------------------------------------------------+----------+


1 Except for stainless steel and steel used for compressed gas
cylinders, all other steel shells are defined as "mild steel" shells.



#16:

MSHA - Title 30 CFR
30 CFR § 56.5001

Exposure limits for airborne contaminants.

AIR QUALITY

Except as permitted by §56.5005--

(a) Except as provided in paragraph (b) of this section, the exposure to airborne contaminants shall not exceed, on the basis of a time weighted average, the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists, as set forth and explained in the 1973 edition of the Conference's publication, entitled "TLV's Threshold Limit Values for Chemical Substances in Workroom Air Adopted by ACGIH for 1973," pages 1 through 54, which are hereby incorporated by reference and made a part hereof. This publication may be obtained from the American Conference of Governmental industrial Hygienists by writing to the 1330 Kemper Meadow Drive, Attn: Customer Service, Cincinnati, OH 45240; http://www.acgih.org , or may be examined in any Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration. Excursions above the listed thresholds shall not be of a greater magnitude than is characterized as permissible by the Conference.

(b) (b) Asbestos standard--(1) Definitions. Asbestos is a generic term for a number of asbestiform hydrated silicates that, when crushed or processed, separate into flexible fibers made up of fibrils. As used in this part--

Asbestos means chrysotile, cummingtonite-grunerite asbestos (amosite), crocidolite, anthophylite asbestos, tremolite asbestos, and actinolite asbestos.

Asbestos fiber means a fiber of asbestos that meets the criteria of a fiber.

Fiber means a particle longer than 5 micrometers ([mu]m) with a length-to-diameter ratio of at least 3-to-1.

(2) Permissible Exposure Limits (PELs)--(i) Full-shift limit. A miner's personal exposure to asbestos shall not exceed an 8-hour time- weighted average full-shift airborne concentration of 0.1 fiber per cubic centimeter of air (f/cc).

(ii) Excursion limit. No miner shall be exposed at any time to airborne concentrations of asbestos in excess of 1 fiber per cubic centimeter of air (f/cc) as averaged over a sampling period of 30 minutes.

(3) Measurement of airborne asbestos fiber concentration. Potential asbestos fiber concentration shall be determined by phase contrast microscopy (PCM) using the OSHA Reference Method in OSHA's asbestos standard found in 29 CFR 1910.1001, Appendix A, or a method at least equivalent to that method in identifying a potential asbestos exposure exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit. When PCM results indicate a potential exposure exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit, samples shall be further analyzed using transmission electron microscopy according to NIOSH Method 7402 or a method at least equivalent to that method.

(c) Employees shall be withdrawn from areas where there is present an airborne contaminant given a "C" designation by the Conference and the concentration exceeds the threshold limit value listed for that contaminant.

For further information: See MSHA's Program Policy Manual



#17:

MSHA -  Title 30 CFR
30 CFR § 62.120

Action level

If during any work shift a miner's noise exposure equals or exceeds the action level the mine operator must enroll the miner in a hearing conservation program that complies with § 62.150 of this part.



#18:


MSHA - Title 30 CFR Parts 1 through 199

30 CFR § 56.14130

Roll-over protective structures (ROPS) and seat belts.

(a) Equipment included. Roll-over protective structures (ROPS) and seat belts shall be installed on--

(1) Crawler tractors and crawler loaders;

(2) Graders;

(3) Wheel loaders and wheel tractors;

(4) The tractor portion of semi-mounted scrapers, dumpers, water wagons, bottom-dump wagons, rear-dump wagons, and towed fifth wheel attachments;

(5) Skid-steer loaders; and

(6) Agricultural tractors.

(b) ROPS construction. ROPS shall meet the requirements of the following Society of Automotive Engineers (SAE) publications, as applicable, which are incorporated by reference:

(1) SAE J1040, "Performance Criteria for Roll-Over Protective Structures (ROPS) for Construction, Earthmoving, Forestry, and Mining Machines,", 1986; or

(2) SAE J1194, "Roll-Over Protective Structures (ROPS) for Wheeled Agricultural Tractors", 1983.

(c) ROPS labelling. ROPS shall have a label permanently affixed to the structure identifying

(1) The manufacturer's name and address;

(2) The ROPS model number; and

(3) The make and model number of the equipment for which the ROPS is designed.

(d) ROPS installation. ROPS shall be installed on the equipment in accordance with the recommendations of the ROPS manufacturer.

(e) ROPS maintenance. (1) ROPS shall be maintained in a condition that meets the performance requirements applicable to the equipment. It the ROPS is subjected to roll-over a abnormal structural loading, the equipment manufacturer or a registered professional engineer with knowledge and experience in ROPS design shall recertify that the ROPS meets the applicable performance requirements before it is returned to service.

(2) Alterations or repairs on ROPS shall be performed only with approval from the ROPS manufacturer or under the instructions of a registered professional engineer with knowledge and experience in ROPS design. The manufacturer or engineer shall certify that the ROPS meets the applicable performance requirements.

(f) Exemptions. (1) This standard does not apply to--

(i) Self-propelled mobile equipment manufactured prior to July 1, 1969;

(ii) Over-the-road type tractors that pull trailers or vans on highways;

(iii) Equipment that is only operated by remote control; and

(2) Self-propelled mobile equipment manufactured prior to October 24, 1988, that is equipped with ROPS and seat belts that meet the installation and performance requirements of 30 CFR 56.9088 (1986 edition) shall be considered in compliance with paragraphs (b) and (h) of this section.

(g) Wearing seat belts. Seat belts shall be worn by the equipment operator except that when operating graders from a standing position, the grader operator shall wear safety lines and a harness in place of a seat belt.


(h) Seat belts construction. Seat belts required under this section shall meet the requirement of SAE J386, ``Operator Restraint System for Off-Road Work Machines'' (1985, 1993, or 1997), or SAE J1194, ``Roll- Over Protective Structures (ROPS) for Wheeled Agricultural Tractors'' (1983, 1989, 1994, or 1999), as applicable, which are incorporated by reference.

(i) Seat belt maintenance. Seat belts shall be maintained in functional condition, and replaced when necessary to assure proper performance.

(j) Publications. The incorporation by reference of these publications is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be examined at any Metal and Nonmetal Mine Safety and Health District Office; at MSHA's Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209- 3939; or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. Copies may be purchased from the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, Pennsylvania 15096-0001.

[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988; 60 FR 33719, June 29, 1995]

For more information: See MSHA'S Program Policy Manual



#19:


MSHA - Title 30 CFR
30 CFR § 56.4101

Warning signs.

Readily visible signs prohibiting smoking and open flames shall be posted where a fire or explosion hazard exists.


#20:

MSHA - Title 30 CFR
30 CFR § 56.18002

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.

(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.

For more information: See MSHA'S Program Policy Manual

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