If an inspector(s) believes that he/she may be subject to physical harm or assault, the inspector should leave the property immediately and promptly notify his/her supervisor. Such notification will almost always have the effect of indirectly giving notice of an inspection. an established mine are within the Act's scope. We have also learned that even with the development of modern rescue equipment and techniques, gaps still remain in our capabilities that could hamper or harm a successful mine rescue effort. Any allegations of employee misconduct, including advance notification of inspections, should be referred to the appropriate Administrator. I.103-4 Respirable Dust and Noise Sampling However, it is recognized that the normal progression of an inspection may reveal remaining areas to be inspected. For example, where a rock was pushed over a highwall by a dozer and the rock hit another rock which struck and injured a worker - charge the accident to the dozer. include independent contractors. the United States, as well as in any of its territories, Section 6(b)(7) in the MSHA/OSHA Interagency Agreement states: 'Borrow Pits' are subject to OSHA jurisdiction except those borrow pits located on mine property or related to mining. Included is equipment such as derricks and cranes only when used in shaft sinking; suspended work platforms in shafts; mine cars being lowered or raised by hoisting equipment on slopes or inclines; a skip squeezed between timbers resulting in an accident; or an ore bucket tipped for any reason causing an accident. Inspections and investigations under the Federal Mine Safety and Health Act of 1977 shall be conducted only by persons who have been authorized by the Secretary to conduct such inspections or investigations. Included are accidents involving wheelbarrows, manually pushed mine cars and trucks, etc. Investigation of discrimination complaints; 7. Inspection requirements for previous inspection periods remain in effect. Section 111 of Title 18 of the United States Code makes it a federal crime to forcibly assault, resist, oppose, impede, intimidate or interfere with any person designated in Section 1114 of Title 18 while such person is engaged in, or on account of, the performance of his/her official duties. Include accidents that are caused by an energized or moving unit or failure of component parts. Section 3 (h) (1) of the Act defines the term "mine" and includes related milling operations within that definition. Mining poses many hazards to workers, one of which is noise induced hearing loss (NIHL). HAND TOOLS - Accidents related to non-powered tools when being used as hand tools. Msha Definition from Encyclopedia Dictionaries & Glossaries. MSHA does not have jurisdiction where a mineral is extracted incidental to the primary purpose of the activity. (For example, a borrow pit used to build a road or construct a surface facility on mine property is subject to MSHA jurisdiction.) The accident classification identifies the circumstances which contributed most directly to the resulting accident. The classifications are listed in alphabetical order: ELECTRICAL - Accidents in which electric current is most directly responsible for the resulting accident. MSHA and OSHA have entered into an agreement to delineate certain areas of inspection responsibility, to provide a procedure for determining general jurisdictional questions, and to provide for coordination between the two agencies in areas of mutual interest. I.4-3 Jurisdiction Over Borrow Pits If an accident, injury or illness occurs at or in conjunction with activity at a mine, mine operators and independent contractors are required to report the circumstances of the incident to MSHA … In all cases where there is a representative of miners, when notice of either enforcement or investigative activities is given, it will be given to representatives of both the operator and the miners. Noise samples will be collected one time per year on each active coal mine (surface/facilities and underground). Section 3(i) of the Act addresses jurisdiction over private or custom preparation plants and other related surface coal facilities not directly associated with a single mine or group of mines. Includes stepping in a hole. The road was built by or for (by contractor) the mine The characteristics of every surface mine depend upon the mine's location and the material being mined. Since the passage of the Mine Act, MSHA has pushed to expand their jurisdiction as far as possible, stretching the definition of what constitutes a "mine" under the Mine Act. Advance notice may be given when a coal mine operator is afforded an opportunity to adjust respirable dust control measures and establish conditions that will prevail during a respirable dust technical inspection, which has a primary purpose of determining the adequacy of the operator's dust control plan as a basis for district manager approval or disapproval of that plan. STRIKING OR BUMPING - This classification is restricted to those accidents in which an individual, while moving about, strikes or bumps an object but is not handling material, using hand tools, or operating equipment. INUNDATION - An unplanned inundation of a mine by a liquid or gas. Authority to Inspect - Authorization for Representatives According to 30 CFR § 46.2 (d), MSHA’s Definition of a Competent Person is: A person designated by the production-operator or independent contractor who has the ability, training, knowledge, or experience to provide training to miners in his or her area of expertise. a year for underground mines and a minimum of two inspections a year for surface mines. Washington — The Mine Safety and Health Administration’s direct final rule concerning advances in electronic detonators in metal and nonmetal mines has gone into effect, the agency announced March 18. is to grant to OSHA jurisdiction over plants that include a manufacturing process resulting in a product such as bricks, clay pipe, insulators, or other finished forms of refractories. The inspector's authorization shall be available during inspections and investigations. The definition of "miner" does not include scientific workers: delivery workers; customers (including commercial over-the-road truck drivers), vendors, or visitors. The Training Path for a New Miner (or an Independent Contractor meeting the definition of a New Miner) will go something like this: Determine whether Part 46 or Part 48 is applicable. For intermittent surface mines, MSHA's policy requires one inspection a year. This course covers those common physical characteristics of surface mines. (MSHA inspects seasonal or intermittent mining operations less frequently). If a coal mine has an ongoing re-opening inspection under 303(x) of the Mine Act, the number of days from the start date to the end date of that inspection will be excluded from the calculation of the time available for a regular inspection. Special investigator (SI) credentials will be issued by the Assistant Secretary for MSHA to those persons who have completed the specified investigator training. definition of "operator" to Inspectors may provide safety and health educational assistance. The important point to remember is that any arrangements or notice relating to an enforcement activity that is not essential to carry out that activity is considered to be "advance notice" as the term is used in Section 103(a) of the Act. While both agencies have extensive rules to prevent injuries, the approach and requirements for each are distinct. Not included are accidents in which the motion of machinery or haulage equipment caused the fall either directly or by knocking out support; such falls are classified as machinery or haulage, whichever is appropriate. MSHA stands for the Mine Safety and Health Administration. If material was set in motion by machinery, haulage equipment, or hand tools, or while material is being handled or disturbed, etc., charge the force that set the material in motion. Improper use or failure to safeguard SI credentials may result in disciplinary action. The Mine Safety and Health Administration (MSHA) (/ ˈɛmʃə /) is a large agency of the United States Department of Labor which administers the provisions of the Federal Mine Safety and Health Act of 1977 (Mine Act) to enforce compliance with mandatory safety and health standards as a means to eliminate fatal accidents, to reduce the frequency and severity of nonfatal accidents, to minimize health … SLIP OR FALL OF PERSON - Includes slips or falls from an elevated position or at the same level while getting on or off machinery or haulage equipment that is not moving. Underground mines in an inspectable status for 45 days or more in a quarter require an inspection, and surface operations in an inspectable status for 90 days or more in a six month period require an inspection. NON-POWERED HAULAGE - Accidents related to motion of non-powered haulage equipment. A reasonable likelihood that the hazard contributed to will result in an injury; and A reasonable likelihood that the injury in question will be of a reasonably serious nature. It is a crime to assault, intimidate or impede MSHA employees who are assigned to perform investigative, inspection, or law enforcement functions. The accident results from the action, motion, or failure of the hoisting equipment or mechanism. Through the Tailgate Side of Longwall Mining Operations in Coal Mines MACHINERY - Accidents that result from the action or motion of machinery or from failure of component parts. Administered by the Mine Safety and Health Administration (MSHA), the Act affects miners and mine operators who work on mine property within the United States. All types of These facilities will be examined to determine the nature and purpose of the work that takes place there. A miner is a person, including any operator or supervisor, who works at a mine and who is engaged in mining operations. The material may be in bags or boxes, or loose sand, coal, rock, timber, etc. MSHA Safety Training Requirements at a Surface Mine. Obtaining information for petitions for modifications, etc. . Afterwards, the inspector's supervisor should be contacted. independent contractors are found in Part 45 of Title 30 CFR. MSHA reviews and tests the operator's respirable dust control plan by taking samples in accordance with MSHA’s Health Inspection Procedures Handbook. Under this circumstance, a mineral may be processed and disposed of, and MSHA will not have jurisdiction since the company is not functioning for the purpose of producing a mineral. Remember that it is the accident we want to classify. I.4-1 MSHA/OSHA Interagency This includes accidents caused by improper blocking of equipment under repair or inspection. The acronym MSHA can refer to: Maryland State Highway Administration, an agency of the Maryland Department of Transportation. MSHA will not inspect facilities where coal is prepared solely to facilitate loading and not to meet specifications or to render the coal for any particular use. The inspector shall not perform any work at a mine. In the event of an assault, intimidation, harassment, or the impeding of an inspection, the supervisor is responsible for collecting all the facts, reducing them to writing, and contacting the district or assistant district manager. operator. Thus, any person who assaults, intimidates or impedes an MSHA inspector, while the inspector is engaged in, or on account of, the performance of his/her official duties, is subject to investigation and arrest by the FBI, prosecution by the U.S. Attorney in the federal courts, and to a fine and/or imprisonment. The accident must have been most directly caused by handling material. OTHER - Accidents not elsewhere classified. This includes evaluating the effectiveness of each district's special investigation program, monitoring district compliance with national policies and procedures, and providing periodic updates on the status of cases. Any information relating to inspection and investigation schedules, including an inspector's mine assignments, shall be restricted solely to MSHA personnel who have need of such knowledge. Noise samples will be collected at locations in accordance with the Health Inspection Procedures Handbook. Miner: Any person who is engaged in mining operations (see definition below). If the inspection is not the result of an imminent danger complaint, no inspection personnel should return to the mine without approval from headquarters. Safety Training Videos MSHA has a library of training videos on safety topics ranging from conveyor safety to fall protection. However, there are limited occasions when advance notice is contemplated by the Act. The Mining Safety and Health Administration, also known as MSHA, requires that miners who work at surface mines receive specific safety training to reduce the risk of injury, illness, or fatality on the job.. At some surface mines, the safety training requirements are known as MSHA Part 46.. FIRE - In underground mines, an unplanned fire not extinguished within 10 minutes of discovery; in surface mines and surface areas of underground mines, an unplanned fire not extinguished within 30 minutes of discovery; HANDLING MATERIAL - (Lifting, pulling, pushing, shoveling material.) In this case, where a representative of the miners or a miner gives notice of what he believes to be an imminent danger, the operator or his agent must be notified "forthwith." (o) We or us means the Mine Safety and Health Administration (MSHA). I.103-1 Assaulting, Intimidating or Impeding As part of the Agency's accountability program, accountability reviews of the special investigations program will be conducted by the national office on a recurring basis. For example, if a landowner has a loader and uses bank run material to fill potholes in a road, low places in the yard, etc., and no milling or processing is involved, except for the use of a scalping screen, the operation is a borrow pit. related milling operations within that definition. § 803(d). 103(a) Mandated Inspections MACHINERY - Accidents that result from the action or motion of machinery or from failure of component parts. 103(a) Advance Notice If it is necessary to interrupt an inspection for any cause, the inspector is permitted to inform the operator that the inspection is interrupted and will be resumed at the discretion of the inspector. All miners, of course cannot assist the Mine Safety and Health Administration (MSHA) in every one of their inspections or investigations. However, notice of investigative activities shall only be given when there is a need for such notice. If a car dropper suffers an injury as a result of falling from a moving car, charge the accident to haulage. Respirable coal mine dust samples are collected at surface mines in accordance with the Health Inspection Procedures Handbook. be inspected. MSHA states it initially believed that definition provided a means for the “automatic inclusion” of new technology. An inspector may sign a check-in and check-out book located at the mine, provided that it does not involve release of liability. Section 3(h)(1) of the Act defines the the procedures for conducting the inspection of an underground mine in its entirety at least four times a year and a surface mine (including a facility)in its entirety at least twice a year are set forth in the respective General Inspection Procedures Handbooks for Coal and Metal and Nonmetal. The mine operator or contractor must complete the certificate with the name of the mine operator or contractor, MSHA ID number, mine or contractor specific information entered in the blank spaces provided with name of competent person(s), time, date of training, etc. Each underground coal mine operator develops a respirable dust control plan for maintaining compliance with the 2.0 milligram or lower standard. Investigations MSHA is listed in the World's largest and most authoritative dictionary database of abbreviations and acronyms MSHA is listed in the World's largest and most authoritative dictionary database of abbreviations and acronyms For that reason, you must not associate the classification decision with any injury that may have resulted. See Part 50 in Volume III of this Manual. Recordkeeping. 'Borrow Pit' means an area of land where the overburden, consisting of unconsolidated rock, glacial debris, or other earth material overlying bedrock is extracted from the surface. HOISTING - Damage to hoisting equipment in a shaft or slope which endangers an individual or interferes with use of the equipment for more than 30 minutes. Demonstrations of research or prototype equipment; and. Agreement Also the failure of an impoundment, refuse pile, or culm bank. FALL OF FACE, RIB, SIDE OR HIGHWALL - Accidents in this classification include falls of material (from in-place) while barring down or placing props; also pressure bumps and bursts. compliance with MSHA regulations; The road is used exclusively to provide access to the While initially limited to certain areas of of the mining process, MSHA used several terms in the definition of a m Hoisting may also be the classification where a victim was injured by hoisting equipment but there was no damage to the equipment. POWERED HAULAGE - Haulage includes motors and rail cars, conveyors, belt feeders, longwall conveyors, bucket elevators, vertical manlifts, self-loading scrapers or pans, shuttle cars, haulage trucks, front-end loaders, load-haul- dumps, forklifts, cherry pickers, mobile cranes if traveling with a load, etc. The accident may or may not be directly tied to any resulting injury. The MSHA/OSHA Interagency Agreement provides that OSHA shall have jurisdiction over "brick, clay pipe, and refractory plants" (Section B.6.b). As a simple example, OSHA requires employers to keep a log on site of all injuries and illnesses. This definition also does not include maintenance or service workers who do not work at a mine site for frequent or extended periods. The mine may be either a surface or underground operation. "Mine" MSHA policy regarding independent contractors is set forth in In addition, whether the scalping is located where the material is dug, or whether the user of the material from the pit is the owner of the pit or a purchaser of the material from the pit, does not change the character of the operation, as long as it meets the other criteria. Do not include electric tools or air-powered tools. District managers should contact headquarters regarding any questionable operations before final determinations are made. If it is an imminent danger complaint, an inspector and a supervisor should again attempt to conduct the inspection. EXPLOSIVES AND BREAKING AGENTS - Accidents involving the detonation of manufactured explosives, Airdox, or Cardox, that can cause flying debris, concussive forces, or fumes. MSHA policy requires the inspector to leave the scene where a confrontation appears to be developing into a situation where an apparent violation of Section 1114 or 111 is about to occur. No milling is involved, except for the use of a scalping screen to remove large rocks, wood and trash. term "mine" and includes An implied exception to the prohibition against advance notice exists in Section 103(g)(1). The Mine Act Definition of an “OPERATOR” The Mine Act defines “operator ” to mean “any owner, lessee, or other person who operates, controls, or supervises a coal or other mine or any independent contractor performing services or construction at such mine.” 30 U.S.C. I.3-2 Jurisdiction Over Mine Roads The owner, operator, or person in charge of any metal and nonmetal mine shall notify MSHA before starting operations, of the approximate or actual date mine operation will commence. IGNITION OR EXPLOSION OF GAS OR DUST - Accidents resulting as a consequence of the ignition or explosion of gas or dust. Once the plan is approved, inspectors measure the engineering parameters during each inspection to assure that all of the plan's elements are followed. Section 3(h)(1)(B) of the Act defines The effect of Section B.6.b. If a roof fall results in an entrapment accident, the accident classification is �Entrapment. English Wikipedia - The Free Encyclopedia . this Manual in Volume III, Parts 45 and 50. MSHA's policy for these mines is based on an average of one inspection every quarter for underground mines and an average of one inspection every six months for surface operations. MSHA’s Accident Prevention Program: Plan for a Mine Emergency The history of mine emergencies has taught us that we can never be too prepared to respond to these life threatening events. I.103-2 Company Release Forms Since pressure bumps and bursts which cause accidents are infrequent, they are not given a separate category. mine, or to other mines of the operator; The road provides an exclusive or a major means of If Part 48, determine whether 24-hour (Surface) or 40-hour (Underground) New Miner Training is required. Credentials Charge the accident to that which most directly caused the resulting accident. The Mine Act requires MSHA to inspect each surface mine at least 2 times a year and each underground mine at least 4 times a year. Respirable coal mine dust samples are collected during the four annual coal mine underground inspections for each active sampling entity. Plants (US, mining) Acronym of Mine Safety and Health Administration. The definition of “accident” under the Mine Act was addressed by the Federal Mine Safety and Health Review Commission in Secretary of Labor (MSHA) v. Revelation Energy LLC last November. MSHA itself does not maintain records of the training, so it is up to the training recipient to maintain their training records. Clearance and direction must be obtained from the inspector's supervisor before notice is given for investigative activities. FALLING, ROLLING, OR SLIDING ROCK OR MATERIAL OF ANY KIND -Injuries caused directly by falling material require great care in classification. ENTRAPMENT - In accidents involving no injuries or nonfatal injuries which are not serious, entrapment of mine workers takes precedence over roof falls, explosives accidents, inundations, etc. All such operations located anywhere in U.S. Department of Labor | Mine Safety and Health Administration (MSHA) | 201 12th Street S, Suite 401 | Arlington, VA 22202-5450, Mine Safety and Health Administration - MSHA, - Protecting Miners' Safety and Health Since 1978. The operator has the legal right to bring the road into However, the Act does provide miners the right to designate a representative or representative to act in their behalf in certain aspects of enforcement activities. Pre-selected meeting sites should not reveal the specific areas to be inspected. Mine Safety and Health Administration (MSHA) regulates the process of mining that employs approximately one safety inspector for every four coal-mines. Mine development, rehabilitation activities, and exploration work at an established mine are within the Act's scope. Investigations of discrimination complaints and possible knowing and/or willful violations shall be conducted only by persons who have been authorized by the Secretary to conduct special investigations. MSHA has jurisdiction over operations whose purpose is to extract or to produce a mineral. (n) Task means a work assignment or component of a job that requires specific job knowledge or experience. The district manager will notify the Technical Compliance and Investigations Office (TCIO) for further instructions. EXPLODING VESSELS UNDER PRESSURE - These are accidents caused by explosion of air hoses, air tanks, hydraulic lines, hydraulic hoses, and other accidents precipitated by exploding vessels. An inspector shall not sign a responsibility release form when entering a mine to perform his duties. Only MSHA approved SI credentials may be used in the performance of any special investigation and may only be used by the authorized representative to whom the SI credentials have been issued. whether federal, state, county, or other, are included within the The mine may be either a surface or underground operation. Obtaining information for health and safety research; 2. Where the assistant district manager is contacted, the assistant district manager must then immediately contact the district manager. However, there are physical characteristics common to most surface mines as a result of similarities in mining operations, types of materials being mined, and federal regulations. protectorates, or commonwealths, must be inspected. IMPOUNDMENT - An unstable condition at an impoundment, refuse pile, or culm bank which requires emergency action in order to prevent failure, or which causes individuals to evacuate an area. FALL OF ROOF OR BACK - Underground accidents which include falls while barring down or placing props; also pressure bumps and bursts. Explanation of Material Transmitted This revised handbook was prepared to update MSHA’s coal mine impoundment inspection and plan review procedures for use by MSHA inspectors. The notification shall include the mine name, location, the company name, mailing address, person in charge, and whether operations will be continuous or intermittent. I.103-3 Performance of Work Other Than Inspections and Included are exploding gasoline vapors, space heaters, or furnaces. MSHA's interpretation is that this requirement applies to full-time producing mines operating for the entire fiscal year period. Included are all electric and air-powered tools and mining machinery such as drills, tuggers, slushers, draglines, power shovels, loading machines, compressors, etc. Section 103(a) of the Act requires a minimum of four inspections Regulations governing Without the dozer, there would have been no resulting accident. Inspections, Investigations and key cuts in dam construction (not on mining property or used in mining); When special preparations are needed during an inspection for an examination of a mine power system, it is permissible for the inspector to make arrangements for the inspection of the electrical system during scheduled down time. I.103-5 Reporting and Investigating Blocked Passage Accidents involving cages, skips, buckets, or elevators. The material is used by the extracting party more for its bulk than its intrinsic qualities on land which is relatively near the borrow pit. The MSHA inspectors thoroughly inspects the underground coal-mines at least four times in a year. The Technical Compliance and Investigation Divisions (TCID) are responsible for overall administration and management of the special investigations program. The criteria or factors listed below will be used for determining jurisdiction. w w w . When any mine is closed, the person in … Secretary of Labor v. Mathies Coal … In the case, the mine operator challenged MSHA’s imposition of a 103(k) order after a two-ton flyrock landed on residential property – even though there was no injury or death involved. Not included are accidents in which the motion of machinery or haulage equipment caused the fall either directly or by knocking out support; such accidents are classified as machinery or haulage, whichever is appropriate. I.3-5 Jurisdiction Over Coal Preparation If a mine has received an Attempted Inspection (Denial of Entry) event during the inspection period, no inspection is required for that period. Section 103(a) of the Act authorizes MSHA to conduct special investigations as an integral part of the Agency's enforcement program.
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