Occupational Safety and Health NewsAlert

MSHA ANNOUNCES NEW “SCREENING CRITERIA” FOR PATTERN OF VIOLATIONS PROGRAM

For clients and friends of Jackson Kelly PLLC
Volume 6, Number 28
©2010 Jackson Kelly PLLC

 

    On September 28, 2010, the Mine Safety and Health Administration (“MSHA”) announced a new “screening criteria” for the pattern of violations (“POV”) enforcement program. The MSHA news release described the adoption of the new criteria as “a critical first step in reforming the current pattern of violations enforcement program.” These new POV screening criteria are effective immediately. MSHA’s new screening criteria does not amend the existing POV regulations.

OSHA’S NEW PENALTY POLICY SCHEDULED FOR OCTOBER START

For clients and friends of Jackson Kelly PLLC
Volume 6, Number 27
©2010 Jackson Kelly PLLC

    On September 14, 2010, Dr. David Michaels, Assistant Secretary of Labor for the Occupational Safety and Health Administration (“OSHA”) announced at the Occupational Safety and Health Review Commission annual judicial conference that OSHA’s new policy regarding “administrative enhancements” to proposed penalties will go into effect in October 2010.

 

MSHA PROMULGATES AN EMERGENCY TEMPORARY STANDARD FOR ROCK DUST IN UNDERGROUND COAL MINES

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 26

©2010 Jackson Kelly PLLC

Today, the Mine Safety and Health Administration (“MSHA”) promulgated an Emergency Temporary Standard (“ETS”) requiring that the total incombustible content (“TIC”) of the combined coal, rock, and other dusts in underground coal mines be at least 80%. 75 Fed. Reg. 57,849 (Sept. 23, 2010). In addition, the ETS requires that where methane is present in any ventilating current, the TIC of such combined dust shall be increased 0.4% for each 0.1% of methane. The ETS revises the existing standard, 30 C.F.R. § 75.403, which permitted TIC of combined dusts to be 65% in areas of a mine other than return air courses.

 

MSHA ANNOUNCES PUBLIC HEARINGS TO GATHER INFORMATION ON SAFETY AND HEALTH MANAGEMENT PROGRAMS AT MINES

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 25

©2010 Jackson Kelly PLLC

 

On Thursday, September 9, 2010, MSHA announced that it will hold three public hearings in October 2010 to gather information about effective comprehensive safety and health management programs at mines.

 

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).