Rock Products

AUG 2017

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92 • ROCK products • August 2017 For surface mines and surface areas of underground miners, 30 C.F.R. § 56.18020 provides that: • No employee shall be assigned, or allowed, or be required to perform work alone in any area where hazardous con- ditions exist that would endanger his safety unless he can communicate with others, can be heard, or can be seen. Neither standard prohibits a miner from working alone. The Federal Mine Safety and Health Review Commission has held that the working alone standard applies "if, and only if, hazardous conditions within the meaning of the regulation are associated with that task." In subsequent cases, Commis- sion judges have explained that, for a condition to qualify as "hazardous" within the meaning of the regulation, it must be "over and above conditions that exist throughout the mining industry, or indeed any industry." Moreover, a miner who's not working alongside another miner isn't necessarily "alone" for the purposes of either standard. Underground, a miner is not alone if "his cries for help can be heard or he can be seen." On the surface, a miner is not alone if "he can communicate with others, can be heard or can be seen." You wouldn't learn any of this by reviewing the information MSHA has so far provided about its working alone initiative. Indeed, MSHA has never offered any real guidance on the working alone standard. Kevin Strickland, the acting admin- istrator for Metal/Non-Metal and the administrator for Coal, recently explained that whether miners work alone is "up to the operator. We just want everyone to be as safe as they can when they're doing it." We can all agree with him on that. With all that in mind, let's turn to the centerpiece of MSHA's initiative: MSHA's list of Best Practices for working alone. MSHA recommends that mine operators: • Make an assessment to determine if the task can be safely completed by a miner working alone. • Provide training to assure the miner can safely complete the task while working alone. •  Provide the miner with clear direction regarding any limits to work that can be completed while working alone. • Train miners to conduct risk assessments and encourage them to always conduct a risk. assessment before work begins (SLAM RISKS). • Know where the miner will be at all times. • Establish and follow routine communication procedures. •  Account for miners working alone at intervals appropriate to the job assignment. • Account for all miners at the end of each job assignment and at the end of each work shift. The practices listed above are basically unobjectionable. That said, the list isn't particularly useful for much beyond drawing attention to the potential hazards of working alone. For example, MSHA's list of Best Practices doesn't mention radios or other communication devices. Does MSHA agree that equipping miners with radios or other communication devices improves safety? If not, why not? If a miner working on the surface is equipped with a radio is that miner work- ing "alone"? How about a miner who has a cell phone with service? What about a miner working underground near a mine phone? How far away from a phone would a miner need to be for MSHA classify the miner as "alone." Similarly, MSHA hasn't taken a position or provided any guidance about which tasks expose miners to "hazardous conditions" and should not, in MSHA's opinion, be performed alone. Ask an inspector about a particular task, and he might offer you an opinion, but one inspector's opinion might/will differ from another inspector's. And, we all know that MSHA certainly won't treat such opinions or answers as gospel. What does MSHA mean when it recommends communicating with miners at "intervals appropriate to the job assign- ment?" MSHA hasn't said, and I suspect that it will leave it up to individual inspectors to decide what's appropriate and inappropriate. What does MSHA expect "routine communication proce- dures" to look like? Neither standard requires operators to adopt policies or procedures. Does MSHA think that current industry practices aren't acceptable? Does MSHA even know what those practices look like? Similarly, MSHA hasn't explained how an operator would know miners "will be at all times." In underground coal, miners are tracked electronically. In M/NM and surface coal, that's typically not the case. Take an operator of an underground stone mine that knows the general location of all miners but doesn't track them closely. Miners are free to move around as the job requires and aren't required to report in when they do. That's all common. Would MSHA say that it's not the best practice? Why? Some surface operators electronically track the location of every piece of equipment in the mine but many do not. Is it MSHA's position that those who don't aren't following the best practice? These are all reasonable questions that MSHA should have anticipated and could answer. Unfortunately, it doesn't appear that MSHA has thought much about them or that it intends to answer them. As such, it makes sense for operators to: •  Review tasks or job assignments with an eye on the fre- quency of communication assigned to jobs, the risks associated with the tasks, etc. • Evaluate the means of communication available to miners, e.g. the feasibility of using radios, mine phones, cell phones. •  If you require miners to check in or report movements, enforce those requirements and check to make sure that your system works as intended. Admittedly, if you undertake the tasks listed above, it's difficult to know whether MSHA would agree with the con- clusions you reach and the actions you take. With its working alone initiative, MSHA isn't offering any substantive advice or recommendations nor any answers to the most obvious of questions. At most then, MSHA's initiative may raise awareness about the potential hazards associated with working alone. Raising awareness is fine for what it's worth, but it's not worth much. MSHA Report Aggregates Industry Almanac

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