For clients and friends of Jackson Kelly PLLC
Volume 9, Number 22
©2013 Jackson Kelly PLLC
At a stakeholders meeting on August 7, 2013, MSHA informed operators of upcoming changes and pressing issues. Here are some of the highlights from the meeting:
- MSHA will introduce a new Program Policy Letter on August 12, 2013, explaining how operators complying with OSHA’s new Hazard Communication (“HazCom”) policy will also be in compliance with MSHA’s HazCom policy. MSHA will make its inspector training materials on the subject available to stakeholders.
- MSHA updated stakeholders on the progress operators are making in complying with Diesel Particulate Matter (“DPM”) exposure standards. The Metal/Nonmetal sector is generally in compliance, but the Coal sector continues to face some challenges. MSHA warned operators that a platinum-based after-treatment filter that is too large for a particular piece of equipment may create excessive levels of Nitrogen Dioxide, which may pose an even bigger threat to miner’s health than DPM. The Health Hazard Alert regarding this issue may be viewed at https://www.msha.gov/Alerts/NO2alert862013.pdf.
- The web-based program for tracking the potential for Pattern of Violations (“POV”) issues is online and located at https://www.msha.gov/POV/POVsinglesource.asp#tool.
- MSHA is concerned with the loss of state grant funding, and is working with state agencies and operator associations to deal with this fiscal issue. Some states have indicated that they will increase fees for training, while others will make extensive budgetary cuts. At least seven states are in danger of closing their programs altogether.
- MSHA must issue new certification criteria for mine rescue teams by December 31, 2013. The agency will be circulating draft guidelines in the next few weeks.
- The agency will introduce new policy guidance materials regarding ladder safety that will be similar to the guidance materials the agency created to clarify compliance requirements related to guarding.
Relevant to the Metal/Nonmetal sector, MSHA announced the following:
- The agency is changing the mine identification policy for metal/nonmetal mines that have both surface and underground facilities. These changes may affect training requirements, as well as the number of inspections MSHA will complete in a given year. Under the new policy, if an underground mine has a surface facility that is only associated with that mine, then it will have one mine identification number, will be inspected four times each year, and must provide Part 48 training to its miners. If a surface facility handles material from multiple mines, it will continue to have its own mine identification number, will be inspected twice a year, and must provide Part 46 training to its miners.
- Based on a recent Eighth Circuit Court of Appeals Decision in Northshore Mining, Docket No. 12-2249 (8th Cir. 2013), MSHA issued clarification regarding 30 C.F.R. §§ 56/57.12016 and 56/57.14105. Inspectors will cite § 56/57.12016 when there is an alleged violation involving a potential electrical hazard, and will cite § 56/57.14105 when the potential hazard involves mechanical movement. Further information regarding the differences between the standards may be found at https://www.msha.gov/MNMResources/5657StandardsClarify.pdf.
For the Coal sector, MSHA provided the following updates:
- MSHA plans to “reiterate” its policy on examinations of bleeder entries in underground coal mines, both on longwalls and on room-and-pillar retreat mining sections. The agency stated that it intends to require operators to travel the bleeder system, and that walking one entry around the perimeter should be sufficient. Previously, MSHA allowed operators to use “evaluation points” if the entries were blocked by water or the roof was unsupported. Under the new (or “reiterated”) policy, operators will be expected to keep water out of bleeder entries and ensure that the roof in those entries is supported. A final policy document regarding this issue is being prepared by the agency.
- On August 8, 2013, MSHA will reopen the rulemaking record regarding underground coal mine refuge alternatives. It will also publish a Request for Information on refuge alternatives in general with a comment period ending October 7, 2013. The agency says it is making progress in approving components for underground coal mine refuges, and that it has received 36 applications and issued 15 approvals covering breathable-air and gas-removal components.
This article was authored by Michelle Witter, Jackson Kelly PLLC. For more information on the author, click here.
OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado
Responsible Attorney
Kristin R.B. White
(303) 390-0006
For more information, contact:
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Laura E. Beverage (303) 390-0003 |
Karen L. Johnston (303) 390-0008
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R. Henry Moore (412) 434-8801
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Michael T. Cimino (304) 340-1000
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