Occupational Safety and Health NewsAlertFor 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 background section of the ANPRM discusses dam failures from 1990 to present, providing specific instances of major dam failures. These failures have resulted in property and equipment damage but no deaths or serious injuries. Currently, MSHA has a single standard addressing requirements for metal/nonmetal dams, 30 C.F.R. § 56/57.20010. The standards state, “If failure of a water or silt retaining dam will create a hazard, it shall be of substantial construction and inspected at regular intervals.” MSHA’s existing standards for dams at coal mines are far more comprehensive. See, for example, 30 C.F.R. §§ 77.216 – 77.217.
In the ANPRM, MSHA asks interested parties to provide detailed comments on 36 questions, grouped into the following categories: design and construction of dams, operation and maintenance of dams, qualifications of personnel, abandonment of dams, and economic impact. The questions seek information regarding current mine operator practices in design, construction, operation, maintenance, and abandonment of safe and effective dams. The questions also ask what effect a dam’s size and hazard potential should have on MSHA requirements and seek information regarding safety requirement imposed by other non-Federal authorities that currently regulate the safety of dams at metal and nonmetal mine sites. Proper qualifications and training of mine personnel, recordkeeping, and the economic impacts of additional MSHA regulation are also addressed.
Comments on the ANPRM must be submitted to MSHA by December 13, 2010. All comments must be identified with “RIN 1219-AB70” and may be transmitted through electronic methods, facsimile, regular mail, courier, or hand delivery.
OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado
Responsible Attorney
Karen L. Johnston
(303) 390-0008
kjohnston@jacksonkelly.com
For more information, contact:
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Laura E. Beverage |
Karen L. Johnston |
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R. Henry Moore |
Michael T. Cimino |
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