Aggregates Manager

May 2015

Aggregates Manager Digital Magazine

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AGGREGATES MANAGER May 2015 40 Rock MSHA's new 'Rules to Live By' calculator provides information to aid in compliance, but raises concerns of heightened enforcement. COMPLIANCE TOOL by Arthur Wolfson Arthur Wolfson is a member of Jackson Kelly, PLLC's Pittsburgh practice. His practice is focused on occupational safety and health and mine safety and health. He can be reached at 412-434-8055 or via email at awolfson@ jacksonkelly.com. May Come With a Price D uring a stakeholder meeting on Feb. 25, 2015, the Mine Safety and Health Administration (MSHA) unveiled a new online web tool to provide information on a mine site's compliance with the 'Rules to Live By' standards. 'Rules to Live By' standards are those that MSHA has identified as being most commonly associated with fatal accidents. In the metal/non-metal sector, the 'Rules to Live By' standards include the following: § 56.9101: Operating speeds and control of equipment; § 56.12017: Work on power circuits; § 56.14101(a): Brake performance; § 56.14105: Procedures during repairs or maintenance; § 56.14130(g): Seat belt worn by equipment operators; § 56.14131(a): Seat belts provided and worn in haul trucks; § 56.14205: Machinery, equipment, and tools used beyond design capacity; § 56.14207: Parking procedures for unat- tended equipment; § 56.15005: Safety belts and lines; § 56.16002(c): Bins, hoppers, silos, tanks, and surge piles; § 56.16009: Persons shall stay clear of sus- pended loads; § 56.20011: Barricades and warning signs; § 57.3360: Ground support; § 46.7(a): New task training; § 56.3130: Wall, bank, and slope stability; § 56.3200: Correction of hazardous ground conditions; § 56/57.14100(b): Safety defects; examina- tion, correction, and records; and § 56.15020: Life jackets and belts. The new 'Rules to Live By' calculator shows the mine's compliance with those standards in comparison to the national average of mines of the same type and sector (i.e., underground, surface or facility, and metal/non-metal or coal). Similar to the Pattern of Violations cal- culator, the 'Rules to Live By' calculator allows date-specific searches to be conducted using a mine's identification number and provides a rate of violations issued under the 'Rules to Live By' standards per mine. The rate is calculated by dividing the number of citations/orders issued by inspection hours, multiplied by 100. If the rate is below the na- tional average, the percentage will be shown in green. If the number is above the national average, the number will be shown in red. If the mine received fewer than three citations under 'Rules to Live By' standards," the rate will be reported in black and not compared with the national average. The calculator will also show which of the 'Rules to Live By' standards the mine violated during the given date range. The 'Rules to Live

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