What Industrial Contractors Need to Know About MSHA Before Work at a Mine Site?

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Session No. 663 What Industrial Contractors Need to Know About MSHA Before Work at a Mine Site? Terry Keenan Corporate Safety Director McCormick Construction Inc.

1 Session No. 663 What Industrial Contractors Need to Know About MSHA Before Work at a Mine Site? Terry Keenan Corporate Safety Director McCormick Construction Inc. Greenfield, MN Paper Scope and Focus This paper will attempt to address and focus on four areas: Help you to identify that mine safety compliance is different from OSHA regulated work sites Help you to avoid the Big Surprise that can come your way if you are not prepared for MSHA Help to equalize the opportunities to win the bid for working on a project. Understand that safety compliance and staffing will cost more Help to keep your employees safe when exposed to mine hazards It s a Different World under MSHA If you have been awarded a contract to work on a project at a mine location, you and your employees are now considered Miners under the rules and regulations of MSHA. All of the laws from the Mine Act of 1977 and 30 CFR parts are now in force.

Your training programs and company policies for safety compliance based on the OSHA standards will not be acceptable to MSHA or their inspector s critical examinations.

gov Find the Online Tools link Click on the Online Filing / Forms Homepage Fill in all of the required information and submit to MSHA This is really quite easy and only requires general information

2 Your training programs and company policies for safety compliance based on the OSHA standards will not be acceptable to MSHA or their inspector s critical examinations. Let s look at the items that need to be in place prior to getting to work at the mine site project. 1. Obtain an Independent Contractor ID Number Access the MSHA Website Find the Online Tools link Click on the Online Filing / Forms Homepage Fill in all of the required information and submit to MSHA This is really quite easy and only requires general information about your company. Note: This web page has many of the forms that you will need for other filings and resources. 2. Familiarize Yourself with the MSHA Safety & Health Act The MSHA Act was passed into law in This law authorizes the Secretary of Labor or his/her designate to administrate and enforce the safety rules contained in 30 CFR parts Currently, Mandatory inspections are required 2 times a year for every mine operation in the country. Underground mines will receive a minimum of 4 inspections each year. If you are working at the mine when the inspector shows up, you are subject to inspection. 3. Obtain a Copy of 30 CFR parts Part 46 and 48 are the chapters that explain the employee safety training requirements. Part 50 explains the recording and reporting requirements for injuries and accidents. Parts 56 and 57 provide the safety & health rules for Metal / Non-Metal mines. Parts 70 through 77 are the Health and safety standards for coal mines.

4. Maintain a Collection of Mandatory Documentation These binders are an example of how to maintain proper documentation of compliance activities for MSHA.

It is guaranteed that an MSHA inspector will request these documents, and will look closely through them. 5.

3 4. Maintain a Collection of Mandatory Documentation These binders are an example of how to maintain proper documentation of compliance activities for MSHA. The site superintendent must have these records on the project location at any time that work is being performed. It is guaranteed that an MSHA inspector will request these documents, and will look closely through them. 5. Create a Company Specific Training Plan A template of the MSHA training plans required by the standards is available on their website You will need to prepare a training plan for each of the areas listed in part 46 or part 48 of 30 CFR. These areas are: Site Specific - New Miner Annual Refresher Newly Hired Experienced Miner New Task Training. Your plans need to be submitted to MSHA for their approval prior to the delivery of any training. Your employees should be allowed to review the training plan as well. 6. Deliver Part 46 / 48 Training Once you have been granted approval for your training plans, all employees that will be working on the mine property will need to attend classes. The Site Specific safety training will be offered to employees at the mine site by the operator. All new miners must receive the comprehensive course with a minimum of 24 hours of instruction to cover all aspects of mine safety. Every year miners must receive a minimum of 8 hours of training in the refresher program. A newly hired experienced miner will receive review training according to your approved plan, and then annual refresher training after that. Any miner that is to be assigned a new task must receive task training, and this training must be properly documented.

This is a picture of MSHA form 5000-23 that must be used to document training for part 48 locations. This would include all coal mines, iron mines, and mines that are not covered under part 46.

An alternative training form may be used for part 46 training as long as it contains all of the information required by the rule. All Underground mines are covered under part 48. 7.

4 This is a picture of MSHA form that must be used to document training for part 48 locations. This would include all coal mines, iron mines, and mines that are not covered under part 46. Part 46 is used to provide training for Shell Dredging, Sand, Gravel, Surface Stone, Surface Clay, Colloidal Phosphate, and Surface Limestone mines. An alternative training form may be used for part 46 training as long as it contains all of the information required by the rule. All Underground mines are covered under part CFR 30 Part 50 Accident Reporting 39 CFR part 50 is the standard that requires accident reporting. The system is similar to OSHA, but covers different types of situations more specific to mine operations. There are 12 conditions that require immediate reporting to MSHA within 15 minutes of the incident. These conditions are listed on the form that is pictured. Other recordable injuries (not including 1 st Aid cases) must be reported on the form to MSHA within 10 days. When the injured miner returns to work, the employer must notify MSHA within 5 days by sending in the completed form A copy of this report must be retained for 5 years at the mine site office closest to the mine location.

5 Requirements under 30 CFR part 50 are that you submit a quarterly report to MSHA regarding your workplace accidents. This report is filed under your independent contractor number and may be completed and submitted on line on the MSHA website. A copy of your most recent report is required to be available for review by an inspector at the project office closest to the mine location. 8. Get Familiar with the Rules to Live By The MSHA Rules to Live By are similar to OSHA s most frequently cited standards that are published to inform employers and employees what workplace hazards are causing the most accidents and injuries. These are MSHA s focus areas when they are on site for an inspection. There are currently 3 sets of these rules that MSHA is focused on. Some are for Coal mines and others are for Metal / Non-metal mines. If you receive a citation in any of these areas, it will be sent to the Special Assessment office to determine the gravity of the situation and the fine that will be levied. Here is a list of a few of The Rules : Brake Performance Safe Repair and Maintenance Procedures (LOTO) Parking Procedures (Brakes & Chocks) Safety Belts and Lines (Fall Protection) Stay Clear of Suspended Loads (Crane Operations) Wall, Bank, and Slope Stability (Ground Control) Correction of Hazardous Conditions Work on Power Circuits (Electrical Safety) Seat Belt Use / SAE J386 Use of Tools and Equipment Beyond Design Bins, Hoppers, Tanks, and Surge Piles (CSE) Barricades and Warning Signs Operating Speeds and Control of Equipment Pre-shift Equipment Safety Examinations. The complete list of these rules and the specific MSHA standard reference is available on the MSHA website. If you are planning to accept a contract for a project on a mine location, it would be well worth your effort to become versed in these regulations. 9. MSHA vs. OSHA It would be good for you to understand the differences in the agencies and their approaches to safety and compliance. They do operate in a similar manner, but yet very different. MSHA 30 CFR contains a lot of very vague standards. OSHA standards are Detailed and somewhat complex. Any violation of the standards observed by MSHA will be a written citation. Some

6 observed violations of the OSHA standards are forgiven if immediately corrected. MSHA inspectors will approach the inspection event as a law enforcement activity to discover how many violations are evident. OSHA still approaches the inspection event as a safety audit to help maintain a better workplace for the employees. Citation contests and conferences with MSHA have a greater degree of legal procedure involved with the system. OSHA citation contests are less formal (at first) and are often settled out of court. Interaction with MSHA is much less personal and extremely ridged. Questions and attempts at any dialogue during an MSHA inspection is often treated as a challenge to the inspector and does not help your case to avoid a citation. Any difference of opinion will need to be addressed within the contest and conference system. Conclusion If you are a contactor that is planning on accepting work on a mine property, it will be necessary to understand and implement the items that I have outlined in this paper. Good Luck! Bibliography Code of Federal Regulations, Title 30, Parts Subchapter H, Part 46. Education and Training, Subchapter H, Part 48, Education and Training, Subchapter I, Part 50, Accidents, Injuries, Illnesses, Employment, and Production in Mines Subchapter K, Parts 56 and 57, Metal and Nonmetal Mine Safety and Health Subchapter O, Parts 70-77, Coal Mine Safety and Health Federal Mine Safety and Health Act of Public Law , as amended by Public Law Mine Safety and Health Administration (MSHA). http.// Forms & Online Filings. (Retrieved March 3, 2015)

7 Fatality Prevention: Rules to Live By. (Retrieved March 3, Rules to Live By III (Retrieved March 3, 2015)

Examinations of Working Places in Metal and Nonmetal Mines. AGENCY: Mine Safety and Health Administration, Labor.

Examinations of Working Places in Metal and Nonmetal Mines. AGENCY: Mine Safety and Health Administration, Labor. This document is scheduled to be published in the Federal Register on 05/22/2017 and available online at https://federalregister.gov/d/2017-10474, and on FDsys.gov 4520.43-P DEPARTMENT OF LABOR Mine Safety