Aggregates Manager

April 2014

Aggregates Manager Digital Magazine

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25 AGGREGATES MANAGER April 2014 ROCKLAW Rock What is an 'injury which has a reasonable potential to cause death?' A QUICK CALL by Arthur Wolfson Arthur Wolfson is a member in Jackson Kelly PLLC's Pittsburgh office, where he practices with the Occupational Safety and Health Practice Group. He can be reached at 412-434-8055 or via email at awolfson@jacksonkelly.com. Be Ready to make E very day, mine operators across the country work tirelessly to prevent accidents from occurring at their worksites. Yet, when 12 specific types of accidents do occur, mine operators must report the accident to the Mine Safety and Health Administration's (MSHA) toll- free number (800-746-1553) within 15 minutes of knowing of it. 30 C.F.R. § 50.10. The 12 'immedi- ately reportable' accidents are: (1) A death of an individual at a mine; (2) An injury to an individual at a mine which has a reasonable potential to cause death; (3) An entrapment of an individual for more than 30 minutes or which has a reasonable potential to cause death; (4) An unplanned inundation of a mine by a liquid or gas; (5) An unplanned ignition or explosion of gas or dust; (6) In underground mines, an unplanned fire not extinguished within 10 minutes of dis- covery; in surface mines and surface areas of underground mines, an unplanned fire not extinguished within 30 minutes of dis- covery; (7) An unplanned ignition or explosion of a blasting agent or an explosive; (8) An unplanned roof fall at or above the an- chorage zone in active workings where roof bolts are in use; or an unplanned roof or rib fall in active workings that impairs ventila- tion or impedes passage; (9) A coal or rock outburst that causes with- drawal of miners or which disrupts regular mining activity for more than one hour; (10) An unstable condition at an impoundment, refuse pile, or culm bank which requires emergency action in order to prevent fail- ure, or which causes individuals to evacuate an area; or, failure of an impoundment, refuse pile, or culm bank; (11) Damage to hoisting equipment in a shaft or slope which endangers an individual or which interferes with use of the equipment for more than 30 minutes; and (12) An event at a mine which causes death or bodily injury to an individual not at the mine at the time the event occurs. 30 C.F.R. § 50.2. Invariably, it is the second of these types of events — an injury which has a reasonable potential to cause death — that most confounds operators. The description is vague and leaves too much room for guesswork for a decision that has to be made in a matter of minutes. Recognizing as much, the Fed- eral Mine Safety and Health Review Commission (Review Commission) advised that "it would ben- efit the mining community if the Secretary would clarify when it is urgent to notify MSHA, when it is not, and what reports are required." Cougar Coal Co., Inc., 25 FMSHRC 513, 522 (Review Commis- sion, September 2003). Regrettably, more than 10 years after this directive, the Secretary has failed to provide such guidance. So, what constitutes an "injury which has a rea- sonable potential to cause death" that requires an immediate report to MSHA? The Preamble to Part

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