Mine Safety and Health Administration
Protecting Miners' Safety and Health Since 1978
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U.S. Department of Labor Mine Safety and Health Administration Protecting Miners' Safety and Health Since 1978 |
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Mine
Improvement and New Emergency Response (MINER) Act:
On June 15, 2006, President George W. Bush signed the MINER Act into
law. As of January 2009, the Mine Safety
and Health Administration’s (MSHA) actions to implement the Act include:
This final rule includes requirements for improved flame-resistant
conveyor belts in underground coal mines.
The final rule also includes requirements for fire prevention and
detection in belt entries, standardized tactile signals on lifelines, and
approval of the use of air from the belt entry to ventilate working sections. Final rule requires
underground coal mine operators to: o
Place
in service conveyor belts that are more flame resistant than those currently
used beginning one year after the effective date of the final rule (all
existing belts must be replaced within 10 years). o
Request
District Manager approval in the mine ventilation plan to use air from the belt
entry to ventilate working sections. o
Replace
point-type heat sensors with carbon monoxide sensors. Other major provisions require
operators to: o
Improve
belt maintenance by requiring belts to be aligned, damaged rollers to be
replaced, and by prohibiting materials in the belt entry where they may
contribute to a frictional heating hazard. o
Standardize
signals on lifelines in escapeways to identify direction of travel to the
surface, SCSR storage caches, personnel doors and refuge alternatives. o
Require training of
Atmospheric
Monitoring System (AMS) operators and make monitoring the AMS a primary
responsibility (during an emergency the sole responsibility). o
Require
the primary escapeway to have a higher ventilating pressure than the belt entry
to prevent the primary escapeway from being contaminated by a fire in the belt
entry. o
Establish
airlocks where high air pressure differentials exist on personnel doors along escapeways
to allow safe access to adjacent entries. o
Establish
minimum and maximum air velocities in belt entries to assure appropriate fire
detection. o
Require
lower dust levels in belt entries for mines that use air from the belt entry to
ventilate a working section if the working section is on a reduced (lower than
1.0 mg/m3) dust standard. o
Install
smoke sensors in addition to carbon monoxide sensors in mines that use air from
the belt entry to ventilate the working section. Smoke sensors would be required one year
after approval for use in underground coal mines. · A Final Rule on Refuge Alternatives: On December 31, 2008, the MSHA final rule on refuge
alternatives was posted on the Federal
Register’s web site. The final rule requires underground coal
mines to provide refuge alternatives to protect miners when a life-threatening
event occurs that makes escape impossible and implements Section 13 of the
MINER Act. The final rule is based on
the Agency’s data and experience, recommendations from a National Institute for
Occupational Safety and Health (NIOSH) report on refuge alternatives, research
on available and developing technology, the regulations of several states, and
public comments and hearing testimony on the proposed rule published in the Federal Register on June 16, 2008. Under the final rule, a refuge alternative provides
a protected, secure space with an isolated atmosphere that creates a life-sustaining
environment to protect miners in the event that escape from the mine is not
possible. The final rule requires that
the manufacturer or third party test a refuge alternative and its components --
structural, breathable air, air monitoring, and harmful gas removal -- prior to
obtaining MSHA approval. The final rule requires underground coal mine
operators to: o
Address
the location, capability, and capacity of refuge alternatives in written
Emergency Response Plans; o
Train
miners to locate, transport, deploy, use, and maintain refuge alternatives;
training can be integrated into existing quarterly drills and annual
expectations training; o
Conduct
pre-shift examinations of refuge alternatives and components; and o
Locate
refuge alternatives on mine maps. Other Major Provisions: o
Two
types of refuge alternatives are allowed: §
Pre-fabricated
self-contained units; and §
Units
consisting of 15 psi stoppings constructed prior to an event in a secure space
and an isolated atmosphere. o Grandfathering: §
Prefabricated refuge alternatives approved
by States or by MSHA in the Emergency Response Plan that are in service prior
to the effective date (60 days after publication of the final rule) are allowed
until replaced, or 10 years after date of publication, whichever comes first
(includes purchase orders for prefabricated units with a confirmed delivery
date prior to December 31, 2009); §
Refuge alternative components of either
prefabricated units or units consisting of 15 psi stoppings approved by States
or by MSHA in the Emergency Response Plan that are in service prior to the
effective date (60 days after publication of the final rule) are allowed until
replaced, or 5 years after date of publication, whichever comes first; and §
Refuge alternatives consisting of materials
pre-positioned for miners to deploy in a secure space with an isolated
atmosphere that MSHA has accepted in the Emergency Response Plan that are in
service prior to the effective date (60 days after publication of the final
rule) are allowed until replaced, or 2 years after date of publication,
whichever comes first. o
Refuge
alternatives need at least 15 square feet of floor space and, depending on
mining heights, 30 to 60 cubic feet of volume per person. The airlock can be included as useable
space. For locations: §
Near
the working section, the capacity is the maximum number of persons that can be
expected. §
In
an outby area, the capacity is the maximum number of persons reasonably expected
to use the refuge alternative. o
Refuge
alternatives need to be located: §
Within
1,000 feet from the nearest working face and from locations where mechanized
mining equipment is being installed or removed.
For underground anthracite coal mines that have no electrical face
equipment, refuge alternatives are required if the nearest working face is
greater than 2,000 feet from the surface. §
Within
1-hour travel distances in outby areas.
The operator may request, and the district manager may approve, a
different location based on an assessment of risks to persons in outby areas. o
Refuge
alternatives and their components need to sustain persons for 96 hours, or 48 hours
if advance arrangements are made for additional supplies from the surface. o
Food,
water, lighting, first-aid supplies, and sanitation are required. o
A
two-way communication system that is part of the mine communication system,
which can be used from inside the refuge alternative, and an additional
communication system and other requirements as defined in the operator’s approved Emergency Response Plan are required. ·
A Final Rule on
Mine Seals: On April 18, 2008, MSHA
published a final rule replacing the May 22, 2007 Emergency Temporary Standard
(ETS) that increased protections for miners who work in underground coal mines
with sealed off abandoned areas.
Although Section 10 of the MINER Act gave MSHA until December 2007 to
issue a new standard on mine seals,
MSHA concluded that an emergency standards was necessary in May 2007 to protect
miners, based on MSHA’s accident investigations of the Sago and Darby mine
explosions, in-mine seal evaluations, and reports on explosion testing and
modeling. The final rule and ETS went
beyond the MINER Act – which requires that the standard on mine seals be
greater than the 20 pounds per square inch (psi) established in 1992 – to
include requirements to strengthen the design, construction, maintenance and
repair of seals, as well as requirements for sampling and controlling
atmospheres behind seals. The final rule requires the following improvements
for mine safety: o
Air
sampling behind seals that are less than 120 psi and withdrawal of miners when an
atmosphere behind the seal is explosive.
o
Removal
of potential ignition sources from sealed areas. If insulated cables cannot be removed safely,
seal must be constructed to at least 120 psi. o
A
three-tiered approach as in the ETS, which requires additional seal strength
where sealed atmospheres are more dangerous. o
A
certified supervisor for construction and repair of seals with senior
management of the mine operator required to certify seal compliance with the
MSHA-approved ventilation plan. o
Increased
training for those involved in seal sampling, construction and repair. o
Requirements
for certification of seal designs. o
Enhanced
recordkeeping to ensure compliance. Seal manufacturers and mine operators have six
months to submit revised seal applications and ventilation plans, respectively,
to comply with the final rule. The seal manufacturers and mine operators must
act quickly because the final rule replaces the seals ETS and takes effect
immediately. ·
A Final Rule on
Mine Rescue Teams: On February 8, 2008, to
implement Section 4 of the MINER Act, MSHA published a final rule that
increases training standards, as well as improves overall mine rescue capability, mine
emergency response time and mine rescue team effectiveness. The final rule includes the following safety
and health improvements: o
Requires
a person knowledgeable in mine emergency response be present at each mine on
each shift and receive annual emergency response training using an
MSHA-prescribed course. o
Requires
two certified mine rescue teams for each mine and includes criteria for
certifying the qualifications of a mine rescue team. o
Requires
mine rescue team members be available at the mine within one hour from the mine
rescue station. o
Requires
team members to participate in training at each mine serviced by the team (a
portion of which must be conducted underground), and be familiar with the
operations and ventilation of the mine. o
Requires
team members to participate annually in two local mine rescue contests. o
Provides
for four types of mine rescue teams: mine-site, composite, contract and
state-sponsored. o
Requires
annual training in smoke, simulated smoke or an equivalent environment. o
Increases
required training from 40 to 96 hours annually. ·
A Final Rule on
Civil Penalties: After passage
of the MINER Act, MSHA immediately implemented increased penalties for late
accident notification and “unwarrantable failure” violations. On Oct. 26, 2006, MSHA issued a Procedure
Instruction Letter (PIL) to implement the “flagrant” violation provision of the
MINER Act. On March 22, 2007, MSHA
published a final rule to increase civil penalty amounts for all mine safety
and health violations. Issuance of this
rule goes beyond the requirements of the MINER Act and demonstrates MSHA’s
commitment to protect the safety and health of our nation’s miners. MSHA has already assessed 69 flagrant violations,
13 of which were assessed fines at the $220,000 maximum. These are the largest proposed penalties in
the agency’s history. As prescribed by the Act, the final rule: o
Establishes a maximum
penalty of $220,000 for “flagrant” violations, as proposed in the President’s
previous budgets. o
Sets minimum penalty amounts of $2,000 and $4,000 for “unwarrantable
failure citations and orders.” o
Effective March 10, 2008, imposes a minimum penalty of $5,000 (up
to a maximum of $60,000) for failure to timely notify MSHA of a death or an
injury or entrapment with a reasonable potential to cause death. Other major provisions of the final rule applicable to all mine
operators and contractors: o
Significantly increases civil penalties overall – targeting the
most serious safety and health violations with escalating penalties. o
Adds a new provision to increase penalties – notwithstanding the
severity – for operators who repeatedly violate MSHA standards. o
Replaces the $60 single penalty with higher formula assessments
for non-significant and substantial (non-S&S) violations. These
actions have resulted in a substantial increase in civil penalties issued from
$35 million in CY 2006, to $75 million in CY 2007, to $194 million in CY
08. ·
Approval of
Emergency Response Plans (ERPs):
Emergency Response Plans have been approved
and are being implemented for all underground coal mines as specified in the
Act except where manufacturers are unable to supply material. Plans must address post-accident
communications (i.e., “redundant communications” until 2009, at which time a
two-way, “wireless system” or close alternative is required), tracking, and
increased air supplies for trapped miners.
As of December 11, 2008, there are 596 fully approved ERPs and two ERPs
submitted awaiting review. ·
Mandated
Post-Accident Breathable Air: On February 8, 2007, MSHA issued a
Program Information Bulletin (PIB) providing mine operators guidance concerning
acceptable ways to fulfill the breathable air requirements in the MINER
Act. Options for providing acceptable
quantities of breathable air for trapped miners are: 1) Drilling
boreholes within 2,000 feet of the working sections of mines; 2) Having 48 hours
of breathable air located within 2,000 feet of working sections coupled with contingency
plans for drilling boreholes if miners are not rescued within 48 hours; 3) Having 96 hours
of breathable air within 2,000 feet of working sections; or 4) Other options
that provide equivalent protection. ·
Family
Liaisons: On November 1, 2006, the Secretary
of Labor signed an Order establishing the Family Liaison and Primary
Communicator positions. To date, MSHA
has trained 46 family liaisons. The National Transportation
Safety Board and the American Red Cross have helped train these individuals. ·
Underground to Surface
Communications Systems in Coal Mines: As of January
5, 2009, MSHA has observed testing or demonstration of 58 communications and/or
tracking systems at various mine sites. We
have met with representatives from 67 communications and tracking system
companies. To date, we have had discussions with various vendors regarding 182
different proposals for development of mine communications and tracking
systems. MSHA is currently focusing its resources on the evaluation of approval
applications for communications and tracking technology. Since the beginning of
2006, we have issued 67 new or revised approvals for communications and
tracking products, including the first approval for a wireless tracking system
in January. We are currently investigating 37 approval applications for
communications and tracking technology. We continue to work with the
Communications Partnership Working Group sponsored by the NMA/BCOA to arrange for
demonstrations of additional systems.
MSHA met with NIOSH on March 14, 2008, to discuss underground
communications and tracking technology.
MSHA and NIOSH are working jointly to develop criteria for acceptable
alternative communication systems in the event that two-way wireless
communications systems are not available by 2009 as required by the MINER
Act. On December 18, 2008, MSHA posted a notice in the
Federal Register requesting comments on a Program Policy Letter (PPL) that
would provide mine operators guidance for implementing the MINER Act
requirements for wireless communications and electronic tracking systems. The comment period closes on January 8, 2009. ·
Brookwood-Sago Grants: On July 25, 2007, MSHA published a Federal Register notice soliciting applications
for Brookwood-Sago grants. In October
2007, MSHA awarded approximately half a million dollars in grants to seven
organizations to develop new training modules and best practices materials to
improve miner training. MSHA published
the solicitation for 2008 grant applications in July and awarded half a million
dollars to seven organizations in October 2008. Other Improvement to Mine Safety and Health:
In addition to the requirements
of the MINER Act, MSHA has developed and implemented a number of other
important improvements to mine safety and health over the past two years,
including: ·
A Proposed Rule
on Alcohol- and Drug-Free Mines:
On September 8, 2008, MSHA published in the Federal Register a proposed rule on Alcohol- and Drug-Free
Mines: Policy, Prohibitions, Testing,
Training and Assistance. The rule would
establish a uniform drug and alcohol standard for all mines by amending the
existing standards for metal and nonmetal mines and by establishing
requirements for coal mines. This proposal would significantly
enhance miner safety by reducing the hazards posed by miners who use alcohol or
drugs and perform safety-sensitive job functions. The proposed rule would prohibit miners from
possessing or using alcohol and drugs while on mine property and from being
under the influence of alcohol or other prohibited substances when performing
safety-sensitive job functions. ·
A Final Rule on Mine Rescue
Team Equipment: MSHA’s
final rule on mine rescue team equipment was published in the Federal Register
on September 15, 2008. Having proper equipment available at mine rescue
stations is an essential element of ensuring effective mine rescue
capabilities. The final rule updates MSHA’s existing standards for equipment
required for mine rescue teams serving underground coal and metal and nonmetal
mines to increase safety and improve the overall effectiveness of mine rescue
teams. MSHA published the proposed rule for Mine Rescue
Team Equipment on September 6, 2007. The Agency held four public hearings. In response to a request, MSHA extended the original comment period on the
proposed rule from November 9 to November 16, 2007.
The requirements of the Mine Rescue Team Equipment
Rule include: 1)
Four-hour
(rather than two-hour) self-contained breathing apparatuses (SCBAs); 2)
Two
(rather than one) extra oxygen bottles per six SCBAs; 3)
Eight
hours (rather than six hours) of liquid air, liquid oxygen, pressurized oxygen,
or oxygen generating chemicals and carbon dioxide absorbent chemicals to
maintain SCBAs for a longer period of time; and 4)
Four
(rather than two) gas detectors appropriate for each gas that may be
encountered. 5)
Detectors
for methane must be capable of measuring concentrations from 0.0% to 100% of
volume; 6)
Detectors
for oxygen must be capable of measuring from 0.0% to at least 20% of volume;
and 7)
Detectors
for carbon monoxide must be capable of measuring from 0.0 ppm to at least 9,999
ppm. The final rule also removes obsolete requirements
for flame safety lamps and oxygen indicators. ·
A
Final Rule on Fire Extinguishers for Underground Coal Mines:
MSHA’s final rule on fire extinguishers for underground coal mines was
published in the Federal Register on
September 15, 2008. The final rule updates MSHA’s existing standard to increase
safety and improve the effectiveness of firefighting equipment on working
sections at most underground anthracite mines and at temporary electrical
installations in all underground coal mines. MSHA’s existing standard for the quantity and
location of firefighting equipment in underground coal mines did not
accommodate the typical conditions in working sections of underground
anthracite coal mines, and caused unnecessary compliance difficulties for some
mines with temporary electrical installations underground. MSHA routinely
granted petitions for modification of these provisions. The final rule
incorporates the alternative compliance methods in granted petitions, which
provide at least the same level of protection for miners as the existing
standard. MSHA published the proposed rule for Fire Extinguishers in
Underground Coal Mines on December 20, 2007. The Agency received no comments.
The final rule is the same as the proposal. Requirements
of the Final Rule: 1) Allows the use of
portable fire extinguishers in working sections of underground anthracite coal mines that have no electrical
equipment at the face and produce less than 300 tons of coal per shift, in lieu
of existing requirements for rock dust and other firefighting equipment; and 2)
Requires an additional fire extinguisher in lieu of rock dust at
temporary electrical installations in all underground
coal mines. MSHA has found that rock dust can be rendered ineffective by dampness.
A portable fire extinguisher is more effective and reliable, readily
available, and easy to transport. ·
Diesel Particulate Matter
(DPM) Notice: On May 20, 2008, MSHA published a notice
of enforcement of the DPM final limit of 160 micrograms of total carbon (TC)
per cubic meter of air (160TC μg/m3) and withdrawal of intent to issue a
proposed rule converting the total carbon exposure limit to an equivalent for
elemental carbon. MSHA’s decision ensures that miners at underground metal and nonmetal mines
have improved protection against exposure to diesel particulate matter. MSHA made this decision because it had
insufficient scientific evidence to support an appropriate conversion factor
from total carbon to elemental carbon.
To ensure the exposure limit is fairly enforced, MSHA has developed a
practical sampling strategy, which is based on the best available scientific
evidence and is mine-specific, to account for sampling interferences from
non-diesel exhaust sources. ·
A Final Rule on Asbestos
Exposure: On February 29, 2008, MSHA
published a final rule in the federal register that revised MSHA's existing
health standards for asbestos exposure at metal and nonmetal mines, surface
coal mines and surface areas of underground coal mines. This final rule will help improve health
protection for miners who work in an environment where asbestos is present and
will help lower the risk of material impairment of health or functional
capacity over a miner's working lifetime.
The Asbestos Exposure Limit final rule: o
Retains
MSHA's existing definition of asbestos, which is the same as that of the Labor
Department's Occupational Safety and Health Administration (OSHA). o
Lowers
MSHA's Permissible Exposure Limit (PEL) for asbestos 95 percent, from two
fibers per cubic centimeter (f/cc) to 0.1 f/cc, which is the same as OSHA's;
and lowers the excursion limit for brief exposures to higher levels from 10
f/cc (for 15 minutes) to one f/cc (for 30 minutes), which is the same as
OSHA's. These lower PELs will
significantly reduce the risk to miners. o
Retains
MSHA's existing method for analyzing asbestos samples (phase-contrast
microscopy or PCM) and the existing counting criteria (particles 5 micrometers
or longer with a length to diameter ratio of at least 3 to 1), which are the
same as OSHA's. By policy, MSHA will
continue to use transmission electron microscopy (TEM) to confirm samples that
exceed the PEL (0.1 f/cc). ·
Office of Accountability: On June 28, 2007, MSHA announced the creation
of the Office of Accountability. Charles
J. Thomas was appointed Director of the office on November 13, 2007. The purpose of this office is to increase
focused oversight and examination of existing enforcement programs within the
agency. This new division conducts
oversight reviews, including in-mine inspections, to ensure that management
controls are in place and fully implemented to maintain consistent and
effective enforcement policies and procedures, and to ensure the implementation
of actions recommended as a result of MSHA audits and internal reviews. The director of this office reports directly
to the Office of the Assistant Secretary.
The Office of Accountability conducted its first audit in January 2008,
and has conducted 27 audits to date. ·
A Final Rule on Mine Evacuation: On December 8, 2006, MSHA issued a final
rule to strengthen mine evacuation practices in five key areas. The rule was based on an Emergency Temporary
Standard (ETS) issued on March 9, 2006. o
Self-Contained
Self Rescue (SCSR) Devices:
The rule requires coal mine operators to provide additional SCSRs
for each miner underground in areas such as working places, on mantrips, in
escapeways, and where outby crews work or travel. The rule also requires that they be readily
accessible in the event of an emergency. o
Multi-Gas Detectors: The rule goes
beyond the requirements of the MINER Act by requiring coal mine operators to
provide multi-gas detectors to miners working alone and to each group of
miners. o
Lifelines: The rule requires coal mine operators
to install directional lifelines in all primary and alternate escape routes out
of the mine. Lifelines help guide miners
in poor visibility conditions toward evacuation routes and SCSR storage
locations. In accordance with the MINER
Act, lifelines must be fire-resistant by June 15, 2009. o
Training: The rule requires coal mine operators to
conduct quarterly training for miners in how to don SCSRs and especially how to
transfer from one SCSR to another at a cache location. SCSR training units for annual expectations
training have now been developed. On
March 30, 2007, MSHA published a notice in the Federal Register notifying mine operators that the units were
available. Mine operators must have had
a purchase order for these training units by April 30, 2007, and must conduct training
with them within 60 days of receipt of the units. o
Accident
Notification: The rule requires all mine
operators to “immediately contact” MSHA after an accident (within 15 minutes of
its occurrence). ·
100% Inspection
Plan: To make sure MSHA has an increased
presence at mining operations, last October Assistant Secretary Richard
Stickler announced the implementation of MSHA’s new 100% Inspection Plan. The successful implementation of this plan
marks the first time in the 31-year history of the Agency that MSHA has
completed 100% of mandated regular safety and health inspections. The Plan calls for the temporary reassignment
of MSHA inspectors to areas where they are most needed and provides for
increased overtime hours that are needed to complete inspections until all new
inspector trainees are fully qualified.
In FY 2008, this resulted in approximately 190,000 hours of overtime,
shifting personnel from their home districts to districts of need, and better
oversight and tracking of inspections by both the districts and
headquarters. Furthermore, MSHA has
developed a monthly Key Indicator report to track progress in each field office
and district toward reaching the 100% completion rate. ·
New Mine
Inspectors: MSHA has been aggressively
hiring coal enforcement personnel.
Since July 2006, MSHA has hired more than 370 new coal enforcement
personnel. It takes approximately 18
months for an inspector-in-training to become an Authorized Representative (AR)
of the Secretary who is qualified to conduct inspections and issue citations
and/or orders. Once
fully certified, these new enforcement personnel will provide MSHA with more
coal enforcement personnel than at any point since 1994. In addition, the Metal and Nonmetal
Safety and Health program has begun a
similar hiring initiative that, once complete, will place Metal and Nonmetal’s
enforcement ranks at their highest level in more than 20 years. To date, Metal and Nonmetal has hired 89 new
enforcement personnel. ·
Prosecution of
Bad Actors: Since February 2006, MSHA
has filed four unprecedented lawsuits seeking injunctions against mine
operators who have chronically failed to pay assessed civil money penalties for
violations of the Mine Act. They have all settled favorably, and the mine
operators and their agents are under injunction from further failures to pay
civil penalties. Additionally in 2007, MSHA
filed two cases in the 6th Circuit Court of Appeals against two mine
operators to enforce payment of overdue civil penalties. On January 22, 2008, a former mine foreman was
sentenced in Federal District Court for the Eastern District of Kentucky,
having previously plead guilty to one misdemeanor count of knowingly failing to
clean up coal dust accumulations. The
former foreman was sentenced to three months in prison followed by one year
supervised release and a $25 fine. As a
special condition, the Court ordered that former foreman not be affiliated with
the mining industry in any capacity during his probation. MSHA attempts to obtain payment for delinquent debt
and, when these efforts fail, the agency refers the debt to the Treasury
Department's Financial Management Services for collection. As part of
these collection efforts, MSHA regularly evaluates civil penalty delinquencies
to identify mine operators that continually fail to pay their civil
penalty assessments and, in conjunction with the attorneys from the
Department's Office of the Solicitor (SOL), singles out the biggest offenders
for possible legal and/or enforcement action. On November 18, 2008, one of the top offenders with
delinquent penalties totaling in excess of $276,000 over the last year was sent
a letter by Department attorneys notifying them that enforcement action would
be taken if they failed to pay. On December 2, 2008, an agreement was
reached requiring the operator to satisfy the outstanding debt of over $276,000
within a 6 month period. The agreement also stipulates that the operator
will satisfy all future assessed civil penalties on or before the due date prior
to becoming delinquent. Another operator with a track record of failing to
pay $150,000 of delinquent MSHA penalties was referred to the Treasury
Department for collection. On October 9, 2008, the Labor Department’s Office of
the Solicitor sent a certified letter to advising the operator of their unpaid
MSHA penalties and asking them to pay (or present evidence of payment) no later
than October 28, 2008. On November 14,
2008, MSHA issued another citation to the operator for failing to pay $2,771.52
in delinquent MSHA penalties for violations and noting that MSHA was ready to
issue an order withdrawing all miners from the mine until the penalties were
paid. On December 5, 2008 the operator
paid the delinquent penalties of $2,771.52.
·
Special Emphasis Programs –
Retreat Mining: Beginning in February 2007, MSHA initiated
special emphasis inspection programs in Southern West Virginia and Eastern
Kentucky to examine roof control plans and roof support methods in mines that
use retreat mining methods. ·
Special Health Emphasis
Program – Respirable Dust: In February 2007, MSHA
conducted a nationwide targeted Special Health Emphasis enforcement program to
ensure operator compliance with the applicable respirable dust standard. ·
Pattern of Violations: MSHA has developed a database and computerized
screening system to identify mines that may have a pattern of violations. In June 2007, MSHA issued potential “pattern
of violations” notices to eight mine operators.
Six of the eight mine operations significantly improved their safety
records, reducing their significant and substantial (S&S) violation rates
by an average of over 50 percent. One of
the other mines that received a warning has been inactive since July 2007 and
the other mine underwent a change in ownership.
MSHA monitored the progress of the mine that changed ownership and that
operation subsequently reduced S&S violation rates by over 30 percent. In December 2007, MSHA notified 20 additional mine
operators that they met the criteria for potential pattern of violations. These
mine operators all instituted corrective action plans and MSHA closely
monitored their progress in reducing serious violations. The results were dramatic; with 20 mines
reducing S&S violation rates an average of 65%. Although MSHA regulations require an annual
screening of mines to identify those exhibiting a potential pattern of
violations, the agency has performed its third screening since last June. The third screening identified 13 coal mines
and 2 metal and nonmetal mines with
notifications delivered to the mine operators in June 2008. ·
“Great Escape” Prototype: A prototype system
developed for miners faced with an underground mine emergency, was unveiled
November 8, 2007, at MSHA’s Approval and Certification Center in Triadelphia,
West Virginia. The system provides
miners a constant supply of breathable air, along with a rapid, safe means of
escape through an isolated, structurally protected escape path. The system also safely protects
communications and tracking systems from fire and explosive forces. ·
Revised Handbooks: MSHA has updated and revised its handbooks
to provide clarity and ensure consistency.
Handbooks set forth proper procedures, establish guidelines and provide instructions
for conducting required MSHA duties. o
Alternative Case Resolution (ACR) Handbook: Revised to reflect current
practices and provide Conference Litigation Representatives (CLR) and
inspectors better guidance and more transparency and accountability in
resolving cases. o
General Coal Mine Inspection Procedures Handbook and Inspection
Tracking System: Revised to provide greater clarity, consistency and
efficiency in inspection procedures.
Included checklists and tracking system to monitor and document
completion of inspections and to require inspection notes indicating that the
inspector observed or determined that gas calibrations are being performed on
schedule. o
Carbon Monoxide (CO) and Atmospheric Monitoring Systems (AMS)
Inspection Procedures Handbook: Consolidated
and updated evacuation, SCSR donning and use, fire and escapeway drills and AMS
systems into one instruction manual. Revisions provide increased clarity and
consistency for inspections in underground coal mines. o
Coal’s Safety and Health Supervisors
Handbook: Revised to improve
supervisory oversight of inspections, investigations conducted by enforcement
personnel and to ensure work products and field activities are complete and thorough
and in compliance with agency policies and procedures. o
Citation and Order Writing Handbook: Updated citation and
order writing procedures for agency inspectors and provided more guidance on
evaluating gravity, negligence and number of persons affected. Incorporated statutory requirements of the
Mine Improvement and New Emergency Response Act of 2006 (MINER Act) and other
regulatory revisions, including changes to the civil penalty structure. o
Headquarter Mine Emergency Response Guidelines Handbook: Revised to streamline and update
organizational structure of the agency.
New requirements of the MINER Act such as family liaison and primary
communicator responsibilities are included.
Revisions also include a review committee for evaluating MSHA’s response
to each mine emergency that involves rescue and recovery. o
Coal and Metal and Nonmetal’s Accountability Procedures
Handbook: Revisions include using a
risk-based process to prioritize the review of inspection and enforcement
activities. Also included is the
requirement of addressing root causes of deficiencies that will lead to the
prevention of recurrences, as well as rigorous follow-up and monitoring to
prevent duplication of past problems. o
Hazard Conditions Complaint Handbook: The handbook provides
guidance to MSHA compliance personnel in responding to and processing hazard
complaints. It is intended to assist in achieving consistency in those
activities. The handbook establishes guidelines
for receiving, evaluating, responding to, and processing safety and health
complaints received from miners, representatives of miners, and others.
It also establishes procedures to process appeals by miners or their
representatives when they disagree with a decision by an Authorized Representative
(AR) to not issue a citation or order as a result of a written Section 103(g)
complaint. ·
Inspection Tracking System: MSHA also developed an Inspection Tracking
System (ITS) to supplement the recently revised inspection handbook. The ITS is fully integrated with the handbook
and provides a uniform way for inspectors to document each item they inspect
and to enhance MSHA’s ability to evaluate inspection progress and compliance
with procedures. This tracking system
also enables other inspection personnel to access the inspection results in a
timely manner and safeguards inspection information. |
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Phone:
(202) 693-9400 Fax-on-demand: (202) 693-9401 Technical (web) questions: Webmaster On-line Filing Help: MSHAhelpdesk@dol.gov or call (877) 778-6055 Contact Us | |
