Rock Products

SEP 2015

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44 • ROCK products • September 2015 www.rockproducts.com LAW O n Aug. 5, 2015, following the death of three miners in separate incidents in Nevada, North Dakota and Vir- ginia, the Mine Safety and Health Administration (MSHA) announced that it is stepping up enforcement efforts and intensifying outreach and education nationwide. This third attempt follows two previously failed attempts to stop an alleged trend showing an increased number of fatalities in the metal/non-metal sector of mining. MSHA kicked off the renewed enforcement effort on Aug. 10. During the Aug. 5 conference call with industry stakehold- ers, Assistant Secretary of Labor for Mine Safety and Health Joseph A. Main expressed his concern over the number of recent deaths. He stated that, "[i]n the past month alone, there have been five fatalities in the metal and nonmetal industry. Not since 2002 have three miners died in a single day in this mining sector. We cannot – we will not – accept this turn of events. We extend our deepest sympathies to the families of the miners who died in these tragic accidents." The following incidents all occurred on Aug. 3, 2015: • A loader operator was engulfed by a stockpile failure while standing outside his vehicle at a construction sand and gravel mine in North Dakota. • A miner at an underground gold ore operation in Nevada was killed when he was struck by mobile equipment. • A plant operator was buried under tons of sand and stone dust when a silo collapsed at a Virginia quarry. MSHA has launched investigations into the causes of each of these fatalities. In response to this situation, Secretary Main announced that, "the agency will begin beefed-up inspections with a focus on violations commonly associated with mining deaths, and feder- al inspectors will emphasize 'walk and talks' with miners and operators to disseminate information on fatalities and best practices for preventing them." Secretary Main also called on operators to conduct more rigorous workplace safety examina- tions and assure that individuals performing them are compe- tent. He reemphasized a Program Policy Letter published by MSHA on July 22, in which the agency attempted to clarify the requirement for workplace examinations. If adopted, the new PPL could effectively amend the MSHA Program Policy Manual, dramatically changing workplace exam practices and what MSHA considers a violation. MSHA suggested that: (1) supervisors, rather than rank-and-file miners, conduct such examinations as a best practice; (2) inspections must include areas accessed "infrequently" or only during maintenance: (3) those who perform exams must receive task training; and (4) it is "Best practice" to describe conditions found during exams even though the current regulation only requires that operators keep "[a] record that such examinations were conducted." 30 CFR §§ 18002(b). Perhaps most importantly, the agency has decided to boost its enforcement resources by reassigning 17 coal inspec- tors to the metal/non-metal sector as well as hiring 21 more metal/non-metal inspectors. However, this reallocation of resources creates a new subset of complications. The most notable complication being that coal mines and met- al/non-metal mines are subject to different standards and prone to different problems. Thus, coal mine inspectors may not be fully qualified to inspect metal/non-metal mines due to the dramatic differ- ences in mining practices and geologic conditions. Addition- ally, MSHA's coal mine inspectors may not possess the up-to- date knowledge of health and safety standards, MSHA poli- cies or procedures, or current mining technology needed to perform a proper inspection of an aggregate mine. R o s s W a t z m a n i s a n associate in the Denver office of Jackson Lewis P.C. He represents cli- ents on a wide range of administrative, regulatory and public policy issues. MSHA's Renewed Enforcement Effort: Is the Third Time a Charm? If Adopted, The New PPL Could Amend The MSHA Program Policy Manual, Dramatically Changing Workplace Exam Practices. By Ross Watzman, Jackson Lewis P.C.

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