Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/689568
ROCKLAW • 35 I t probably comes as little surprise to mine operators that a guarding standard is the most frequently cited standard for metal/non-met- al mines. The Mine Safety and Health Administration (MSHA) enforces numer- ous standards that regulate guarding of machinery and equipment in metal and non-metal mines. As a result, the guard- ing standards account for many citations in mines. Specifically, §§ 56/57.14107, which governs moving machine parts, takes top billing as the standard cited the most in metal/non-metal mines: (a) Moving machine parts shall be guarded to protect persons from contacting gears, sprockets, chains, drive, head, tail, and takeup pul- leys, flywheels, couplings, shafts, fan blades, and similar moving parts that can cause injury. (b) Guards shall not be required where the exposed moving parts are at least 7 feet away from walking or working surfaces. These guards must be in place when- ever machinery operates, and they have to be constructed and maintained to withstand conditions of normal mining operations without creating a hazard by their use. To explain its guarding stan- dards, MSHA has multiple entries in its Program Policy Manual and provides two PowerPoint presentations on its website, which total more than 150 combined slides, including supplemental notes on most slides. Different components must be guard- ed in different ways, but all standards are performance based; a guard complies with the MSHA guarding standards if it prevents accidental contact of any kind or deliberate or purposeful work-related contact. Guards must completely prevent contact. And, although the standards do not apply to deliberate, non-work-related contact, unlikely scenarios that are en- compassed in work duties or accidents do fall within the standard's scope. The Federal Mine Safety and Health Review Commission's treatment of guarding standards is similar to MSHA's — evaluating guards based upon their ability to prevent a miner's contact with moving equipment parts. The Commission has held that a violation of a guarding standard requires a "reasonable possi- bility of contact and injury" that includes "contact stemming from inadvertent stumbling or falling, momentary inatten- tion, or ordinary human carelessness." Understanding agency rules and principles can help operators guard against guarding citations. Guidance on Guarding by Christopher G. Peterson and Benjamin J. Ross ROCKLAW Christopher G. Peterson is a member in Jackson Kelly PLLC's Denver office, practicing in the Occupational Safety and Health Practice Group. He can be reached at 303-390-0009 or cgpeterson@jacksonkelly.com. Benjamin J. Ross is an associate in the Denver office, practicing in the Occupational Safety and Health Practice Group. He can be reached at 303-390-0026 or bross@jacksonkelly.com.