Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/581365
AGGREGATES MANAGER October 2015 38 AGGREGATES MANAGER October 2015 38 Rock MSHA announces increased enforcement efforts with a focus on workplace examinations. EXAMINATIONS by Benjamin J. Ross Benjamin J. Ross is an associate in Jackson Kelly PLLC's Denver office, practicing in the Occupational Safety and Health Practice Group. He can be reached at 303-390-0026 or bross@ jacksonkelly.com. Tips for Workplace T he Mine Safety and Health Administration (MSHA) recently announced that it was "beefing up" its inspections, enforcement activity, and training in the metal/non-metal (M/NM) sector beginning Aug. 10, 2015. This announcement comes in the wake of 15 fatalities in the M/NM sector from January 2015 to Aug. 3, 2015, including three fatalities on the same day on Aug. 3, 2015. MSHA informed the mining industry of these increased efforts by issuing a letter to stakeholders and via a conference call with interested persons on Aug. 5, 2015. During the call with stakeholders, Neal Merrifield, M/ NM administrator, identified powered haulage and falling/sliding as areas of focus, while Joe Main, the Assistant Secretary of Labor, focused upon workplace examinations. MSHA announced at the same time that, to facilitate this increased enforcement activity, 17 coal inspectors will begin inspecting M/ NM mines, and it had authorized funds to hire 21 new inspectors. MSHA, with the help of operators in the M/NM sector, seeks to prevent future fatalities by focusing upon hazards that contributed to fatalities up to the time of the announcement. The Assistant Secretary's focus upon workplace examinations is not MSHA's first emphasis upon the issue. MSHA announced a fatality prevention initiative on Jan. 30, 2015, in response to the 37 fatalities that occurred in the M/NM sector between October 2013 and January 2015. The fatality prevention initiative focuses upon "safety fundamentals," which MSHA believed played a significant role in those fatalities, including workplace examinations. On July 22, 2015, MSHA issued a Program Policy Letter, No. P15-IV-01, addressing workplace examinations as required by 30 C.F.R. §§ 56/57.18002. PPL No. P15-IV-01 expanded §§ 56/57.18002 to require workplace examinations for more areas in a mine. It also provides that every hazard not identified by an examiner can lead to the issuance of three citations: one for the hazard found, one for an inadequate workplace examination, and one for a task training violation based upon the inadequate examination. As part of MSHA's heightened enforcement activity, the inspectors will, no doubt, focus upon workplace examinations. It is likely that multiple violations in the same area or multiple violations of the same standard will lead to MSHA issuing a workplace examination citation under § 56/57.18002. Any hazards that inspectors deem obvious, or that the inspector believes an examiner should have noticed, may also merit an examination citation. Considering MSHA's focus upon workplace examinations and given the potential hazards that may result from an inadequate workplace examination, it is essential that examiners perform adequate workplace examinations.