Aggregates Manager

January 2015

Aggregates Manager Digital Magazine

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AGGREGATES MANAGER January 2015 36 Rock As MSHA completes investigations of recent fatalities, indications point to a greater emphasis on training, safety, and record-keeping. SCRUTINIZING by Jessica M. Jurasko Jessica M. Jurasko is an associate in the Occupational Safety and Health Group of Jackson Kelly PLLC's Pittsburgh office. She can be reached at 412-434-8812 or via email at jmjurasko@ jacksonkelly.com. Safety T here have been 25 fatalities at metal and non-metal (M/NM) operations from October 2013 through August 2014 — a marked increase over years past. In response, the Mine Safety and Health Administration (MSHA) convened a stakeholder meeting in May 2014 to address its concerns over this trend and discuss what the agency believed to be the root causes. During its Second Quarter Training Summit, held Aug. 27, MSHA offered more suggestions in an effort to assist the industry in providing "proactive approaches to preventing recurrence" of such incidents. MSHA specifically focused on ef- fective training methods to combat this issue. In particular, the agency discussed improve- ments in workforce task training and site- specific training. Additionally, it was noted that the industry should not only improve the quality and administration of task training, but also improve the adequacy of workplace examinations and overall safety programs within the mines. Statistics show the accident categories identified as powered haulage (five deaths), explosives (three deaths), falling/sliding ma- terial (four deaths), machinery (three deaths), fall of a person (three deaths), fall of a rib (two deaths), electrical (two deaths), drown- ing (one death), hoisting (one death), and ex- plosion of gas (one death). MSHA's statistics further revealed that the number of fatalities of supervisors and mine management (in- cluding a mine owner) had increased. This development was especially troubling to the agency as it signaled issues with the overall safety culture of an organization. Operators should expect inspectors examining supervi- sors' conduct and responses to accidents, potentially leading to more § 110(c) investi- gations. At the time of the meeting in May 2014, accident investigations for six of the 19 fa- talities that occurred up until that point were completed. While MSHA readily admitted that it was working from a small sampling of the industry in arriving at its conclusions, the di- rective had been given to federal inspectors to address this increase in fatalities with a renewed focus on specific areas during in- spections of M/NM operators' sites. M/NM facilities can expect more scrutiny and elevated enforcement in several areas. MSHA indicated that it will make greater use of § 107(a) imminent danger orders and that there will be increased evaluation of safety management for maintaining task-training

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