Occupational Safety and Health NewsAlertFor 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.
The PIBs address the following standards:
-
Inadequate Ventilation - 30 C.F.R. § 75.325 - PIB No. P10-10;
-
Maintaining Face Ventilation Control Devices - 30 C.F.R. § 75.330 - PIB No. P10-11;
-
Maintaining Methane Monitors - 30 C.F.R. § 75.342 - PIB No. P10-12, and;
-
Intentional Changes in the Ventilation System - 30 C.F.R. § 75.324 - PIB No. P10-13.
MSHA did not announce any change in their interpretation of the four standards cited in the PIBs. In fact, PIB Nos. P10-10, P10-11, and P10-12 closely track the language of the existing standards. However, PIB No. P10-13, “Intentional Changes in the Ventilation System” is more detailed and does contain specific language addressing the types of ventilation changes MSHA considers to be included in the term “intentional changes.”
The “intentional changes” specifically identified in that PIB include:
-
Adding a new shaft, bringing a new fan on line;
-
Changing the direction of air in an aircourse;
-
Changing the direction of air in a bleeder system;
-
Shutting down one fan in a multiple fan system;
-
Starting a new operating section with ventilating quantities redistributed from other sections of the mine, and;
-
Changing entries from intakes to returns and vice versa.
In light of the new PIBs, mine operators can expect MSHA inspectors to demonstrate a renewed focus on the enforcement of ventilation standards in underground coal mines and an increased willingness to use enhanced enforcement provisions. MSHA has not announced any change in the interpretation of the four standards discussed in the PIBs. Therefore, mine operators should be diligent in pointing out if an inspector is treating the PIBs as a change in the interpretation of the standards.
OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado
Responsible Attorney
Karen L. Johnston
(303) 390-0008
kjohnston@jacksonkelly.com
For more information, contact:
|
Laura E. Beverage (303) 390-0003 |
Karen L. Johnston (303) 390-0003 |
|
R. Henry Moore (412) 434-8801 |
Michael T. Cimino (304) 340-1000 |
The Jackson Kelly PLLC Occupational Safety and Health News Alert is for informational purposes only and not for the purposes of offering legal advice or a legal opinion on any matter. No reader should act or refrain from acting on the basis of any statement in the Jackson Kelly PLLC Occupational Safety and Health News Alert without seeking advice from qualified legal counsel on the particular facts and circumstances involved.
If you would like to receive future copies of the Jackson Kelly PLLC Occupational Safety and Health News Alert, please provide your name, your job title, your company name, and your e-mail address to Susan Edwards at (303) 390-0038 or sedwards@jacksonkelly.com. You may also provide the same information of other people in your company who wish to receive these alerts.
If you wish to UNSUBSCRIBE to this legal news alert list, please reply to this e-mail and type the word ‘UNSUBSCRIBE’ in the subject line.
The Rules of the Kentucky Supreme Court require the following: THIS IS AN ADVERTISEMENT.
KAREN L. JOHNSTON IS RESPONSIBLE FOR THE CONTENTS OF THIS ALERT.
Comments