Compliance Assistance Guide for
Tree Cutting On Mine Property Compliance Assistance Faq's
Jurisdiction
1. Q. What is MSHA's jurisdiction over tree cutting?
A. MSHA has jurisdiction, and the full range of training may apply, if the answers to the following two questions are
1.
Is the tree cutting on mine property?
2. Is the tree cutting
associated with mining, i.e., a precursor to mining or done for mining purposes?
This excludes, for example, tree
harvesting not associated with mining.
2. Q. What about tree cutting that is on mine
property but is not associated with mining?
A. Those tree cutters will receive hazard
training (Part 48 or Part 46) consistent with their exposure to any mining
hazards, such as on haul roads.
3. Q. What about tree cutting that is associated
with mining, but is not on mine property?
A.
Ordinarily, MSHA will not inspect these activities. Questions may be referred to the District
offices, the Division of Coal Mine Safety, or the Division of Metal and Nonmetal
Mine Safety at MSHA Headquarters.
Training
4. Q. What is the status of tree cutters and tree
cutting?
A.
Tree cutters are surface miners, and tree cutting is mine service
work. Typically, tree cutting is
performed by contractors, but regular mine employees may be assigned tree
cutting tasks.
5. Q. What is the legal basis for that status?
A.
The Federal Mine Safety and Health Act (Mine Act) defines miner to
mean any person working in a mine (Section 3(g)), and mine to include an area
of land used in or to be used in mining (Section 3(h)(1)).
6. Q. What training must contractor tree cutters
complete?
A.
If the tree cutters are on the mine property for more than 5 consecutive
days, or have a pattern of recurring exposure, they must complete comprehensive
training under Part 48 (Subpart B) or Part 46, 30 CFR: new miner, experienced miner, task and annual
refresher training, as applicable. If
the tree cutters are on the mine property for 5 days or less, they must
complete hazard training.
7. Q. What about other miners?
A.
The training for mine employees may need to be supplemented, such as in
task training and annual refresher training, to cover tree cutting.
8. Q. What about course content and training focus
for tree cutting?
A.
Training must be adapted to tree cutting, as appropriate. Most injuries and fatalities involving tree
cutters at mines have been due to hazards of the tree cutting itself. The content should focus on tree cutting
hazards and safe work procedures such as preoperational checks, workplace
exams, communications and proper tree cutting and limbing. Tree cutters also must be trained in any
other mining facets of which they are a part and mining hazards to which they
are exposed.
9. Q. Can tree cutting training taken under another
program be credited toward meeting the MSHA training requirements, particularly
for new miners under 46.5 or 48.25?
A.
Yes, current and equivalent Occupational Safety and Health
Administration (OSHA) or State training, such as
10. Q. What are the administrative requirements for
the training plans?
A. The administrative requirements are the same
as for all plans under either Part 48 or Part 46. Under Part 48, for example, plans must be
submitted for MSHA approval and courses taught by MSHA approved instructors.
11. Q. How may Part 48 approved instructors be
obtained?
A.
There are three sources for approved instructors: operators' or contractors' staffs, state grantees,
and private vendors. Per 48.23(h),
instructors are approved in a number of ways.
Individuals may apply based on their specialty and background, which
could include tree cutting.
12. Q. Is training assistance available from MSHA?
A.
Yes. MSHA, for example, has
developed a template training plan as a guide for covering tree cutting
performed by contractors. Further
assistance in developing and implementing training can be obtained through
MSHA's Educational Field Services (EFS):
Contact EFS East at 1-800-678-6746, and EFS West at 1-800-579-2647.
Enforcement
13. Q. Who is responsible for the training?
A.
The same MSHA enforcement policy for training in other instances applies
in regard to tree cutting.
14. Q. How long will existing operations have to
come up with a training plan or amendment and when does MSHA enforcement of
the plans begin?
A. Existing operations where tree cutting
under MSHA jurisdiction occurs will have a reasonable amount of time to come
into compliance and have provisions covering tree cutting incorporated in an
approved training plan. MSHA accordingly
will enforce the training requirements regarding tree cutters beginning
15. Q. What are the Legal ID and notice requirements
for tree cutting contractors?
A.
The same as for other mine contractors per Part 45, 30 CFR, and existing
MSHA enforcement policy.
16. Q. Should tree cutting be included as part of a required
ground control plan?
A. No,
tree cutting as such is not a component of ground control, which serves to
stabilize mining features such as highwalls, pits,
spoil banks, and benches.
17. §§Q. When
will MSHA commence inspection of tree cutting that is in advance of any mining
and under MSHA's jurisdiction?
A. Once MSHA is aware of the tree cutting; MSHA
will inspect and assure training is provided as appropriate.
18. Q. Generally, what is the scope of MSHA's
inspection of tree cutting?
A. The
inspection should take into account the developmental nature of the activity. The purpose is to check that the tree cutters
have completed training as required.
Compliance with other appropriate MSHA requirements should be checked such
as PPE, noise, communications and guarding.
Where MSHA has no standards specifically addressing tree cutting methods
or techniques, MSHA will rely on training to cover acceptable safe practices,
unless an imminent danger is present.
19. Q. What action should an inspector take in
situations where there is no imminent danger and no specific MSHA
regulation to enforce?
A. The
inspector should inform the tree cutter of the unsafe acts and/or conditions
and check to make sure the circumstances are covered in the training.
20. Q. Will MSHA enforce OSHA's
tree cutting standards?
A. No,
MSHA will only enforce MSHA regulations.
OSHA standards cannot be incorporated by reference. OSHA standards, however, can be used as a
guide in determining safe work practices and procedures for tree cutters.