Occupational Safety and Health NewsAlert

MSHA ISSUES PPL ON GUARDING OF TRUCK SCALES

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 24

©2010 Jackson Kelly PLLC

 

On August 26, 2010, MSHA issued Program Policy Letter (“PPL”) No. P10-1V-1, which addressed the applicability of 30 C.F.R. § 56.9300 to elevated truck scales at metal and nonmetal mines. Section 56.9300(a) requires that berms or guardrails be provided and maintained on the banks of roadways where a dropoff of sufficient grade or depth exists that could cause a vehicle to overturn. The standard further requires that the berms or guardrails be at least mid-axle height of the largest self-propelled mobile equipment that usually travels the roadway. 30 C.F.R. § 56.9300(b).  

 

MSHA STRESSES ILLEGALITY OF ADVANCE NOTICE OF INSPECTION ACTIVITY

For clients and friends of Jackson Kelly PLLC
Volume 6, Number 23
©2010 Jackson Kelly PLLC
 

On August 26, 2010, the Mine Safety and Health Administration (“MSHA”) reminded the mining industry that the Mine Act prohibits giving advance notice of inspections conducted by MSHA inspectors. MSHA issued Program Information Bulletin No. P10-15 (“PIB”) which emphasizes that Section 103(a) of the Mine Act prohibits “any person” from giving advance notice of inspections. The PIB also warns the mining community of the potential consequences for anyone who violates the advance notice prohibition. Among the sanctions available to MSHA are:

• a civil action in federal court to obtain an injunction prohibiting future violations;
• a criminal action in federal court with fines of up to $1000 or imprisonment or both;
• a civil monetary penalty against the mine operator; and
• similar sanctions against agents of mine operators who knowingly permit or order the advance notice of inspection activity.

MSHA ISSUES FOUR PROGRAM INFORMATION BULLETINS PERTAINING TO VENTILATION IN UNDERGROUND COAL MINES

For clients and friends of Jackson Kelly PLLC
Volume 6, Number 22
©2010 Jackson Kelly PLLC
  

On Monday, August 16, 2010, the Mine Safety and Health Administration (“MSHA”) issued four Program Information Bulletins (“PIBs") pertaining to ventilation issues in underground coal mines. In the press release, which accompanied the release of the PIBs, MSHA stated that the PIBs were issued based upon the testimony heard at field hearings conducted by the House Education and Labor Committee in May of this year. MSHA emphasized that the purpose of the PIBs was to remind mine operators, miners’ representatives, and MSHA enforcement personnel of the requirements of these standards and to instruct MSHA enforcement personnel to increase enforcement efforts relating to alleged violations of ventilation standards.

MSHA ANNOUNCES A PILOT CONFERENCING PROGRAM

For clients and friends of Jackson Kelly PLLC
Volume 6, Number 21
©2010 Jackson Kelly PLLC
 

  On Friday, August 20, 2010, the Mine Safety and Health Administration (“MSHA”) announced that it was launching a 90-day pilot program aimed at addressing the backlog of contested citations and the agency’s conferencing procedures. MSHA’s press release stated that the pilot program will allow the mine operator and the miners’ representatives to hear MSHA’s interpretation of regulations and resolve issues relating to violations, civil penalty assessments, and litigation. The pilot program will be available to mines in Coal Mine Safety and Health’s District 2 in Mt. Pleasant, Pennsylvania and in District 6 in Pikeville, Kentucky. Metal and Nonmetal Safety and Health’s Southeast District in Birmingham, Alabama is also participating in the trial program.

MSHA ISSUES ADVANCE NOTICE OF PROPOSED RULEMAKING ON METAL AND NONMETAL DAMS

For clients and friends of Jackson Kelly PLLC
Volume 6, Number 20
©2010 Jackson Kelly PLLC
 

  On August 13, 2010, the Mine Safety and Health Administration (“MSHA”) published an advance notice of proposed rulemaking (“ANPRM”) to solicit comments on the proper design, construction, operations, and maintenance of dams at metal and nonmetal mine sites. 75 Fed. Reg. 49,429 (Aug. 13, 2010). MSHA's purpose in proposing the rulemaking is to determine what regulatory approach will better protect miners from potential life-threatening hazards posed by dam failure. The proposed rulemaking is being driven by a recommendation from the Federal Emergency Management Agency (“FEMA”) that MSHA promulgate standards to encompass all aspects of design, construction, and inspection for dams at metal and nonmetal mines. 

THE BYRD-ROCKEFELLER MINE SAFETY REPORTING REQUIREMENTS

For clients and friends of Jackson Kelly PLLC
Volume 6, Number 19
©2010 Jackson Kelly PLLC

The financial reform bill (the “Dodd-Frank Wall Street Reform and Consumer Protection Act,” Pub L. 111-203) that the President signed into law on July 21, 2010, contains new reporting requirements for publicly traded mining companies. The late Senator Robert C. Byrd joined with Senator John D. Rockefeller, IV in creating an amendment to the Securities and Exchange Act of 1934 that was included in the recently-passed financial reform bill. The mine safety amendment requires that publicly-traded companies that are operators of a coal or other mine (or that have a subsidiary that is an operator of a coal or other mine) include various mine safety violations in their 10-K and 10-Q reports filed with the U.S. Securities and Exchange Commission (“SEC”).

THE MINER SAFETY AND HEALTH ACT OF 2010 MOVES FROM COMMITTEE TO THE HOUSE FLOOR

For clients and friends of Jackson Kelly PLLC

Volume 6,  Number 18

©2010 Jackson Kelly PLLC

The House Committee on Education and Labor approved the “Robert C. Byrd Miner Safety and Health Act of 2010” in a strict party-line vote of 30 to 17 on July 21, 2010. This vote sends the bill to the House floor where it is expected to be acted upon next week. The proposed legislation also makes changes to the Occupational Safety and Health Act.

ALJ’S DECISION IN ERP CASE REQUIRES DISTRICT MANAGER TO LOOK AT SPECIFICS OF MINE

For clients and friends of Jackson Kelly PLLC

Volume 6,  Number 17

©2010 Jackson Kelly PLLC

 

On July 6, 2010, Judge Manning issued a decision in Peabody Midwest Mining, LLC, Docket Nos. LAKE 2010-769 and LAKE 2010-770 (ALJ Manning), in a case arising from a challenge by Peabody Midwest Mining, LLC (“Peabody”) of a District Manager’s refusal to approve its emergency response plan (“ERP”) at two mines.  The Mine Act, as amended by the MINER Act, requires operators to submit an ERP establishing a plan for the safe evacuation of and survival of miners in the event of an emergency.  In this case, MSHA Coal District 8 had refused to approve a plan that did not satisfy the electronic tracking specifications provided for in a program policy letter (“PPL”) relating to ERPs.  Specifically, MSHA insisted that Peabody comply with the PPL guideline that each mine’s system be capable of electronically tracking miners to within 200 feet of their locations in a working section.  Judge Manning vacated the citations, concluding that the District Manager had improperly relied upon the PPL and insisted upon a plan provision without considering the individual characteristics of the subject mines. 

PROPOSED CHANGES TO OSH ACT TUCKED INTO MINE SAFETY PROPOSAL

            Congressman George Miller, Chairman of the House Committee on Education and Labor, has released a “discussion draft” of a bill which would make significant changes to the Federal Mine Safety and Health Act of 1977.  The last thirty pages of the proposed “Mine Safety and Health Act of 2010” proposes to amend the Occupational Safety and Health Act of 1970 (“OSH Act”).

MILLER RELEASES “DISCUSSION DRAFT” OF MINER SAFETY AND HEALTH ACT OF 2010

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 15

©2010 Jackson Kelly PLLC

            Representative George Miller (D-CA), Chairman of the House Committee on Education and Labor, released a “discussion draft” of a bill on June 29, 2010, which would make significant changes to the Federal Mine Safety and Health Act of 1977.  In a statement posted on the House Committee on Education and Labor’s website, lawmakers said, “It is the hope of the authors that this paper can form the basis of productive discussions with Congressional colleagues and interested stakeholders, and can be the starting point for bipartisan legislation that will protect all our workers and prevent future disasters by improving compliance with mine and occupational safety and health laws.”