Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/513927
41 AGGREGATES MANAGER May 2015 By' calculator can be accessed at http://www.msha.gov/drs/rlb- violations-calculator.asp. The unveiling of the 'Rules to Live By' calculator is in keep- ing with MSHA's recent emphasis on fatality and near-miss prevention in the metal/non-metal sector. During the Feb. 25 stakeholder meeting, MSHA also highlighted training, examina- tion of work areas, pre-operational checks, and maintenance of mobile equipment as areas of focus to improve prevention of serious accidents. The 'Rules to Live By' calculator provides operators with useful information in its efforts in these areas. Mine operators should make use of this tool and keep track of how their sites are performing with respect to these standards. If the mine's 'Rules to Live By' rate indicates a trend of increased violations, steps to reverse that trend should be taken. Additionally, train- ing and examinations should be tailored to prevent violations of these standards and immediate correc- tion of conditions that may lead to such violations. MSHA's continued emphasis on 'Rules to Live By' standards and the imple- mentation of the calculator does raise concerns with respect to enforcement. Under the 'Rules to Live By' program, all citations and orders alleging violations of the enumerated standards shall be re- viewed for potential special assessment under 30 C.F.R. § 100.5. Under that provision, MSHA may elect to waive the use of its regular penalty assessment formula under § 100.3 and, instead, is- sue a substantially higher "special" as- sessment. Specially assessed penalties may be as high as five times as much as the penalty that would have been as- sessed as a regular assessment. Additionally, it is foreseeable that MSHA may attempt to justify high neg- ligence or unwarrantable failure desig- nations for violations of such standards based on the notice provided to opera- tors by "Rules to Live By." For example, in Big Ridge Inc., 36 FMSHRC 1677 (ALJ McCarthy June 2014), MSHA alleged, and the Administrative Law Judge upheld, the high negligence finding of a 'Rules to Live By' violation due, in part, to the notice to the operator and enhanced emphasis by MSHA provided by the 'Rules to Live By' program [36 FMSHRC at 1694]. To prepare themselves for the possibility of such enhanced enforcement, operators should redouble their efforts to docu- ment all steps taken to comply with these standards. Records of training sessions should be developed and maintained, and should include the date, topic, list of attendees, and sub- stance of the training. Records of workplace examinations and preoperational checks should document that, when hazards and conditions are discovered, they are corrected. Despite an operator's best efforts, if violations do occur, such evidence may provide mitigation against heightened negligence and increased penalties. AM ROCKLAW B E K A - L U B R I C A T I O N S P E C I A L I S T S S I N C E 1 9 2 7 1 . 8 8 8 . 8 6 2 . 7 4 6 1 w w w. b e k a - l u b e . c o m The extra uptime is FREE! Lower costs for parts and service will pay back your investment fast with Beka-Max automatic lubrication systems... and there's no extra charge for the added productivity from your equipment! ŗ More production, less unscheduled downtime ŗ Longer life for critical components ŗ Expert factory support with dealers nationwide