News from MSHA's Neal Merrifield:

MSHA is taking a number of steps to address consistency related to compliance and policy concerns at Metal/Non-Metal (M/NM) mines.  A new section of our website, Compliance and Policy Updates, http://www.msha.gov/SiteIndex/MNMSiteIndex.asp has been established to address compliance and policy issues.  To date we have placed two new documents:

1 - “Guarding Conveyor Belts at Metal and Nonmetal Mines”.  This guide supplements existing guarding guidance contained in "MSHA's Guide to Equipment Guarding" issued in 2004, and in MSHA’s existing Program Policy Manual.  A PowerPoint (.PPT) version of the presentation is attached – please note that explanatory notes are provided for almost every slide.  In addition, a link to a .PDF version of the same presentation can be found on MSHA’s website; a link follows:  http://www.msha.gov/Accident_Prevention/EquipmentGuardingConveyorBelts2010.pdf

2 - A Program Information Bulletin (PIB) provides information on providing safe means of access, fall prevention, and fall protection to miners operating, conducting maintenance or service activities, or accessing work platforms of self-propelled mobile equipment.  A link to its location on MSHA’s website follows:  http://www.msha.gov/REGS/COMPLIAN/Pib/2010/pib10-04.asp

Please draw these resources to the attention of other interested parties in the metal and nonmetal mining industry.

We will place additional documents on this site as compliance and policy questions arise.  In order to keep up to date on any new postings please sign up for email notification at http://www.msha.gov/subscriptions/subscribe.aspx.

Neal Merrifield

Link to June 2010 Aggregates Manager Srttcle on MSHA Audit:

June 1, 2010 |

 

AggBeat

AggBeat: The heat is on MSHA

An audit by the Department of Labor’s Office of the Inspector General reveals that 56 percent of ‘experienced’ journeymen MSHA inspectors aren’t trained properly.

By Tina Grady Barbaccia, News and Digital Editor

http://www.aggman.com/aggbeat-the-heat-is-on-msha/

Citizen Survey Being Considered:

Oregon Independent Aggregate Association is considering working in collaboration with Washington State University in conducting a citizen survey on MSHA that will include operators from the Pacific Northwest.


The thought here is that if non-biased professionals put together a report that represents the voices of mine owners and operators, drilling and crushing companies, then perhaps two things will happen: a) MSHA will recognize the areas that need improvement and address them and, b) Our government officials will have hard data describing the problems that we are having with MSHA.


WSU recently completed a similar survey for the Washington State Patrol, if you would like to view that link:


Washington State Patrol Citizen Survey http://www.wsp.wa.gov/publications/reports/citizen07.pdf


Please give your input on this idea by calling the OIAA Board Members at the bottom of the page, or emailing us at: OIAA2008@hotmail.com


Thank you!

DJC Article by Katie Jeremiah:

Aggregate producers, coal mining companies feel the heat of safety enforcement

POSTED: Monday, June 21, 2010 at 09:05 AM PT;  DJC: http://djcoregon.com/news/2010/06/21/coal-mining-companies-feel-the-heat-of-safety-enforcement/   BY: Katie Jeremiah
 

Katie Jeremiah

Regulators are under intense pressure to tighten workplace safety regulations and impose tougher penalties on violators, following several recent fatal coal mine disasters. Tensions are high between industry and lawmakers, as they seek to strike a balance between addressing workplace safety concerns and imposing costly - sometimes economic “death knell” - requirements on contractors in order to encourage workplace safety.

The Mine Safety and Health Administration has broad jurisdiction, ranging from expansive coal mining operations on the East Coast to small, family-owned gravel quarries in Oregon. Although coal mining in Pennsylvania is dramatically different from aggregate production in Oregon, local operators are subject to the same stringent MSHA regulations.

But MSHA’s rules offer little guidance to operators. It is impossible to distinguish operational and enforced requirements necessary for compliance in a quarry setting as opposed to subsurface coal mine operations. The lack of specific guidance gives MSHA unfettered discretion to enforce safety rules, which makes citations a near certainty during inspections.

In addition, operators are concerned that the enforcement climate has become too focused on the quantity and gravity of citations, rather than on a cooperative effort to create safer work environments. They have accused MSHA of operating with performance metrics that include secret enforcement quotas. MSHA denies these allegations.

Fatalities continue to occur despite increases in citations and penalties. Recent data compiled by an Oregon industry group suggests that even with the recent surge in citations since 2006, there has not been an effective or measurable redirection in workplace injuries or fatalities.

So, how should mine operators comply?

MSHA’s penalty structure imposes serious consequences on operators with multiple violations, no matter how trivial each citation may be. Operators must be diligent in their efforts to provide safe workplaces, to comply with current MSHA regulations, and to prepare for a tougher enforcement regime. To avoid the severe civil and criminal penalties imposed by current MSHA regulations and to prepare for reform, operators must:

1. Educate workers on MSHA’s “Rules to Live By.” MSHA recently published a new fatality prevention initiative that focuses on 24 frequently cited standards, 13 of which are for metal/nonmetal mining.

2. Study the MSHA handbook series. Recent citations have been issued in Oregon for violations that may not otherwise fall under the “common sense” test. Operators should study the MSHA handbook series available at www.msha.gov/readroom/handbook/handbook.htm. The handbooks provide specific information that may be used by inspectors to identify MSHA violations in a quarry.

3. Report accidents to MSHA immediately. Operators who do not notify MSHA of an accident that has “reasonable potential to cause death” can face up to $60,000 in penalties. Train workers on the procedures to call for help and contact MSHA in the event of an emergency.

4. Give the inspector documents only upon request and a showing that it is required by law. If an inspector requests records, ask which rule requires the document to be produced. Most records do not have to be produced at the inspection, and a reasonable time is allowed for production of documents to MSHA after the inspection. Some records do not have to be produced at all.

5. Remedy unsafe conditions as soon as they are discovered. Operators face significant penalties for failure to abate a hazard that has been cited by an inspector. Even if a citation is contested, if a subsequent inspection cites the same unsafe conditions, the prior citation will be used to show that the operator was on notice and could provide a basis for an “unwarrantable failure” citation.

6. Don’t argue with the inspector. An argument with an inspector is ineffective and usually detrimental. An inflamed inspector may increase the gravity of a citation. Always remember that anything people say can and will be used against them in court, while silence is not an admission and can never be used against them. Save arguments for the contest of the citation after legal arguments have been organized.

7. Don’t lie. Lying provides MSHA with a basis for criminal prosecution. This extends to oral statements as well as falsified documents.

8. Contest a citation if it is unfounded, no matter how minor the penalty. People have a constitutional right to due process. If there is a valid reason to contest a citation, contest it. Even if the citation involves only a few hundred dollars, it could mean a total mine shutdown if multiple citations are issued over time.

9. Continue educating workers and site visitors on the law. Make sure every person on the site has access to a copy of the MSHA laws, the MSHA Program policy manual, and the MSHA handbook. Moreover, workers should have a thorough understanding of the standards and how they apply to a worksite.

With new MSHA reform in the pipeline, it is important to know the current law and how new legislation will impact operations. If a citation is issued on a work site, contact an attorney to discuss options to avoid significant civil and criminal penalties.

Katie Jeremiah is an attorney in Jordan Schrader Ramis’ Dirt Law practice group. She assists clients in matters involving construction and mining law. Contact her at 503-598-5539 or katie.jeremiah@jordanschrader.com.

Important Info:

I received this email from Attorney Katie Jeremiah on June 14^th.  Thank you, Katie, for this valuable information, and the compliments!

Hi Kathy,

I am an attorney at Jordan Schrader Ramis PC and a partner in a drilling/blasting/crushing company out of Eugene (BJ Equipment Co LLC).  After seeing my family business tread through the trials and tribulations of MSHA regulation, I am focusing my practice area on MSHA issues that Oregon quarry operators face. 

Your website has come up several times in my research, and I just wanted to introduce myself and share some information that I found today that might be useful to share with the visitors on your website.

The biggest frustration I have seen quarry operators have in recent years is the lack of guidance on specific compliance measures that should be taken.  MSHA inspectors show up to a site and seem to arbitrarily issue citations and cite guidelines that no one knew existed.  

I ran across some handbooks that are somewhat hidden on MSHA's website but provide extremely detailed information on haul road construction, lunchroom facility rules (such as hand washing stations, covered trash receptacles, changing stations, etc), etc. that I never knew existed aside from speaking with people who were cited for violating the rules.  It appears that they may be what the inspectors are supposed to use.  I may be the last to know about them, but I have never seen them or heard anyone talk about them.

Here is the link:  http://www.msha.gov/READROOM/HANDBOOK/HANDBOOK.HTM

The "PH06-IV-1(1) "Metal and Nonmetal Health Inspection Procedures" within that list has great guidance documents.

There is another one on break rooms and toilet facilities:  http://www.msha.gov/READROOM/HANDBOOK/MNMInspChapters/Chapter20.pdf

Thank you for all of the great work on your website!! 

-Katie

KATIE JEREMIAH | Attorney
Jordan Schrader Ramis PC | Attorneys at Law, Lake Oswego
Oregon:  (503) 598-7070
Direct Dial:  (503) 598-5539
Washington:  (360) 567-3900
www.jordanschrader.com

MSHA Called Out by Massey:

Massey claims that MSHA forced them to use inadequate ventilation systems: http://www.publicnewsservice.org/index.php?/content/article/14392-1