Section 103(a) of the Act authorizes MSHA to conduct special investigations as an integral part of the Agency's enforcement program. All such operations located anywhere in mining, including placer, dredge, and hydraulic operations must include independent contractors. SI credentials will be carried at all times when conducting special investigations. The characteristics of every surface mine depend upon the mine's location and the material being mined. HAND TOOLS - Accidents related to non-powered tools when being used as hand tools. jurisdiction of the Act. Regulations governing 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. Authority to Inspect - Authorization for Representatives 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. 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. MSHA enforces requirements at over 13,000 mines in the United States, an… Inspectors (m) Production-operator means any owner, lessee, or other person who operates, controls, or supervises a mine under this part. 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. Inspectors may provide safety and health educational assistance. MACHINERY - Accidents that result from the action or motion of machinery or from failure of component parts. U.S. Department of Labor | Mine Safety and Health Administration (MSHA) | 1100 Wilson Boulevard, 21st Floor | Arlington, VA 22209-3939. An inspector shall not sign a responsibility release form when entering a mine to perform his duties. development, rehabilitation activities, and exploration work at If the facility prepares coal according to any specifications for benefit of either the operator or the consumer, MSHA will inspect the facility. Include derricks and cranes except when they are used in shaft sinking (see HOISTING) or mobile cranes traveling with a load (see POWERED HAULAGE). Obtaining information for petitions for modifications, etc. Mining Operations: mine development, drilling, blasting, extraction, milling, crushing, screening, or sizing of minerals at a mine; maintenance and repair of mining equipment; and associated haulage of materials within the mine from these activities. EXPLOSIVES AND BREAKING AGENTS - Accidents involving the detonation of manufactured explosives, Airdox, or Cardox, that can cause flying debris, concussive forces, or fumes. If an inspector intends to include a routine second- or third-shift inspection, it might be necessary for him to designate a time and meeting place so that the representatives of the operator and miners can be given an opportunity to accompany the inspector. Clearance and direction must be obtained from the inspector's supervisor before notice is given for investigative activities. Inspections, Investigations and I.103-5 Reporting and Investigating Blocked Passage Improper use or failure to safeguard SI credentials may result in disciplinary action. Investigations MSHA reviews and tests the operator's respirable dust control plan by taking samples in accordance with MSHA’s Health Inspection Procedures Handbook. Safety Training Videos MSHA has a library of training videos on safety topics ranging from conveyor safety to fall protection. Secretary of Labor v. Mathies Coal … The definition of "miner" does not include scientific workers: delivery workers; customers (including commercial over-the-road truck drivers), vendors, or visitors. 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. MSHA Safety Training Requirements at a Surface Mine. Mining poses many hazards to workers, one of which is noise induced hearing loss (NIHL). It is consistent with current policies and incorporates the requirements of all relevant Procedure Instruction Letters. Included are all electric and air-powered tools and mining machinery such as drills, tuggers, slushers, draglines, power shovels, loading machines, compressors, etc. 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. Demonstrations of research or prototype equipment; and. I.103-4 Respirable Dust and Noise Sampling Inspection requirements for previous inspection periods remain in effect. The mine may be either a surface or underground operation. Investigation of discrimination complaints; 7. Afterwards, the inspector's supervisor should be contacted. compliance with MSHA regulations; The road is used exclusively to provide access to the Section 3(h)(1)(B) of the Act defines The inspector shall not perform any work at a mine. 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. I.103-3 Performance of Work Other Than Inspections and 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. FALL OF ROOF OR BACK - Underground accidents which include falls while barring down or placing props; also pressure bumps and bursts. MSHA itself does not maintain records of the training, so it is up to the training recipient to maintain their training records. Each underground coal mine operator develops a respirable dust control plan for maintaining compliance with the 2.0 milligram or lower standard. 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. Credentials Recordkeeping. 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 established mine are within the Act's scope. 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. MSHA policy regarding independent contractors is set forth in this Manual in Volume III, Parts 45 and 50. 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. The mine may be either a surface or underground operation. Wikipedia Dictionaries. 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. 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. 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. 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. 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. 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. (MSHA inspects seasonal or intermittent mining operations less frequently). The accident results from the action, motion, or failure of the hoisting equipment or mechanism. Mine development, rehabilitation activities, and exploration work at an established mine are within the Act's scope.