Occupational Safety and Health NewsAlert

MSHA ANNOUNCES THIRD PHASE OF ITS “RULES TO LIVE BY” INITIATIVE

For clients and friends of Jackson Kelly PLLC
Volume 8, Number 3
©2012 Jackson Kelly PLLC

 

        On January 31, 2012, Assistant Secretary Joseph A. Main announced the launch of the Federal Mine Safety and Health Administration’s (“MSHA”) third phase of its “Rules to Live By” initiative‑“Rules to Live By III: Preventing Common Mining Deaths” (“RLB III”).  This latest phase focuses on 14 safety standards (8 coal, 6 metal/non-metal).  The first Rules To Live By initiative was introduced in January of 2010, and it focused on 24 frequently cited standards (11 coal, 13 metal/nonmetal) that MSHA believed caused or contributed to fatal accidents in nine accident categories.  The second Rules to Live By initiative was introduced in November 2010, and it focused on 9 coal standards which were cited during major disasters over the previous 10 years, contributing to five or more fatalities. 

CONGRESSWOMAN CAPITO (R-W.VA.) INTRODUCES THE “MINE SAFETY ACCOUNTABILITY AND IMPROVED PROTECTION ACT”

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 27
©2011 Jackson Kelly PLLC

 

        On December 16, 2011, Representative Shelley Moore Capito (R-W.Va.) introduced the Mine Safety Accountability and Improved Protection Act (H.R. 3697) in the 112th Congress.  According to Rep. Capito’s press release, the legislation “seeks to streamline the conference and appeals process, improve implementation of mine safety and health regulation, hold violators accountable by increasing penalties—both financial and criminal—for all violations of the law, all with the end goal of creating a safer working environment for our miners.”  The primary features of the legislation are as follows:

 

MSHA ISSUES ROCK DUST PIB

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 22
©2011 Jackson Kelly PLLC

 

         MSHA recently issued a Program Information Bulletin (“PIB”) No. P11-50 to alert underground coal mine operators and rock dust manufacturers to a problem with rock dust composition identified by government scientists.  The PIB was prepared in response to NIOSH rock dust testing findings which revealed that dust being sold and used in underground coal mines was not compliant with government standards and raised concerns about its effectiveness in preventing underground explosions.

DOL’S REGULATORY AGENDA INCLUDES AMBITIOUS PLANS FOR MSHA

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 13
©2011 Jackson Kelly PLLC 

 

          The Department of Labor (“DOL”) recently released its semi-annual Regulatory Agenda, and it includes numerous proposed items for the Mine Safety and Health Administration (“MSHA”).  Key items for the agency include the following:

ROCK DUST FINAL RULE

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 11
©2011 Jackson Kelly PLLC

 

    The Mine Safety and Health Administration ("MSHA") published its final rule regarding Maintenance of Incombustible Content of Rock Dust in Underground Coal Mines (30 C.F.R. § 75.403) on June 21, 2011. This final rule for 30 C.F.R. § 75.403 replaces MSHA's Emergency Temporary Standard ("ETS") with a wholesale adoption of the requirements contained in the ETS. Under the final rule, mine operators are required to maintain the incombustible content of combined coal dust, rock dust, and other dust to at least 80 percent in underground areas of bituminous coal mines. In addition, the rule requires that the incombustible content of combined dust be increased 0.4 percent for each 0.1 percent of methane present.  

MSHA ISSUES PROCEDURE INSTRUCTION LETTER TO M/NM INSPECTORS WITH INSTRUCTIONS ON SURVEYS FOR AIRBORNE CONTAMINANTS

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 41

©2010 Jackson Kelly PLLC

 

        The Mine Safety and Health Administration (“MSHA”) issued a Procedure Instruction Letter (“PIL”) on December 16, 2010, to all Metal and Nonmetal enforcement personnel regarding airborne contaminants covered by 30 C.F.R. § 56/57.5002. The PIL instructs enforcement personnel how to determine whether a mine operator is conducting “dust, gas, mist, and fume surveys . . . as frequently as necessary to determine the adequacy of control measures,” for purposes of determining compliance with the standard. The PIL does not apply to sampling for radon, diesel particulate matter, or noise.

 

MSHA ANNOUNCES NEW INITIATIVE: “RULES TO LIVE BY II – PREVENTING CATASTROPHIC ACCIDENTS”

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 38

©2010 Jackson Kelly PLLC

 

         The Mine Safety and Health Administration (“MSHA”) announced a new enforcement initiative on November 18, 2010, during a conference call with industry stakeholders. The “Rules to Live By II – Preventing Catastrophic Accidents” (“RLB-II”) initiative will focus on nine coal standards which were cited during major disasters over the last 10 years and which contributed to five or more fatalities. Rules to Live By I focused on 24 frequently cited standards (11 coal, 13 metal/nonmetal) that MSHA believed caused or contributed to fatal accidents in nine accident categories.

MSHA MAKES SURVEYS FOR HARMFUL AIRBORNE CONTAMINANTS A FOCUS OF ENFORCEMENT

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 33

©2010 Jackson Kelly PLLC

 

    On October 22, 2010, the Mine Safety and Health Administration (“MSHA”) issued a Program Policy Letter (“PPL”) to remind all Metal and Nonmetal underground and surface mine operators of their responsibility to comply with 30 C.F.R. §§ 56.5002 and 57.5002. Those sections require mine operators to conduct surveys for harmful airborne contaminants.

MSHA SEEKS INJUNCTIVE RELIEF TO CLOSE MINE BASED ON BELIEF IN CONTINUING “PATTERN OF VIOLATIONS” CONSTITUTING A “CONTINUING HAZARD”

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 32

©2010 Jackson Kelly PLLC

 

     On November 3, 2010, the Mine Safety and Health Administration (“MSHA”) filed suit against Freedom Energy Mining Company (“Freedom”), a subsidiary of Massey Energy Company (“Massey”), seeking a preliminary injunction shutting Freedom’s No. 1 Mine under Section 108(a)(2) of the Mine Act. The use of this provision in enforcement is “unprecedented,” as described in MSHA’s press release announcing the suit. The particulars of the suit reveal an enforcement strategy which diverges significantly from the Pattern of Violations (“POV”) enforcement policy that MSHA presented in September and October 2010 through news releases and a “technical briefing” for stakeholders. Massey has yet to respond formally to the lawsuit.

 

MSHA PROVIDES ADDITIONAL INFORMATION ON CURRENT POV REVIEW

For clients and friends of Jackson Kelly PLLC
Volume 6, Number 30
©2010 Jackson Kelly PLLC

    On October 7, 2010, MSHA disclosed that it intends to issue “potential pattern of violations” (“PPOV”) letters within 30 days to mines which meet the new pattern of violations screening criteria announced on September 28, 2010. MSHA revealed its schedule in a “technical briefing” for stakeholders which was held via conference call.