Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/581365
39 AGGREGATES MANAGER October 2015 Tips to perform adequate workplace examinations During the call with stakeholders, Assistant Secretary Main stressed three main points regarding an adequate workplace exam and stated that "workplace examinations include the requirement that mine operators shall examine each working place at least once each shift for conditions which adversely affect safety or health, that the examination must be conducted by a competent person, and that a record of the examination must be maintained and made available for review." The regulations define "working place" as "any place in or about a mine where work is being performed." The PPL expands on this definition by stating that the term "includes areas where work is performed on an infrequent basis, such as areas accessed primarily during periods of maintenance or clean-up." This means that any area where a miner may enter, not just active areas, should be examined every shift. Examinations must be done by a "competent person," defined as "a person having abilities and experience that fully qualify him to perform the duty to which he is assigned." 30 C.F.R. §§ 56/57.2. MSHA may assert that the existence of hazards not identified in an examination show that the examiner lacks "experience that fully qualify him," and this may form the basis for a task training violation, in addition to a workplace examination violation. Of note, PPL No. P15- IV-01 also suggests that it is a "best practice" to assign a foreman or other supervisor to perform the examination duties. If a supervisor is not used, it is imperative that examiners be experienced miners. An examiner should also be knowledgeable about safety hazards. Mine operators should develop a written program for training mine examiners that complies with Parts 46 and 48. In addition to the requirements in the Mine Act, examiners should be familiar with hazards common to any area that they are assigned to examine. Examiners should be familiar with equipment used in the working place, as well as common hazards associated with that equipment. Different working places present different safety hazards, as seen in the following examples: • Drop-offs, especially those leading to standing water, pose an overtravel hazard to mobile equipment. Examiners should evaluate the condition and possible hazards of roads, where hazards or travelways are not apparent, and install barriers and markers. • Stockpiles of sand as well as pits, highwalls, and banks all pose falling and sliding hazards. Examiners should evaluate conditions, especially after a rain, freeze, or thaw. In addition to both mine and area specific knowledge, examiners should review and be familiar with MSHA's Rules to Live By and its fatal accident reports. Knowing and understanding the causes of various accidents prepares examiners to identify and correct common problems. Also, by reviewing previous examination records, the examiner can identify which hazards are common or most likely to occur at the mine. Examiners should be on alert to recognize such hazards and ensure all hazards are corrected. Examiners should also keep accurate records of examinations. Any hazards found should be recorded, and records should document the corrective measures taken. Records may also show examiners common problems in given areas and can provide a focus for future examinations. It is essential to maintain the records as MSHA will undoubtedly issue a citation if records are missing. Pursuant to PPL No. P15-IV-01, mine operators may no longer discard records of examinations prior to one year, even where an MSHA inspector has reviewed them. Inspectors may also use the records to guide their inspection, inspecting identified areas to ensure previous hazards were corrected and do not persist. Examinations should be done with a specific focus upon protecting miners. Although they can be time consuming, examinations should not be viewed as a chore or something to be done as quickly as possible. Rather, examinations are one of the most important and effective tools available to protect miners. Many safety practices or requirements prevent specific hazards. Performing correct workplace examinations, however, can prevent a multitude of different hazards. Conclusion MSHA's increased focus upon workplace examinations means that inspectors will likely issue more inadequate workplace examination citations than in the past. More importantly, a good workplace examination saves lives. Competent examiners performing adequate workplace examinations are a necessary component to ensure a safe workplace. AM