Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/718149
AGGREGATES MANAGER / September 2016 41 (3) The operator shall maintain the examination records for at least one year; shall make the record available for inspec- tion by authorized representatives of the Secretary and the representatives of miners; and shall provide these representatives a copy on request. The significant changes in the proposed rule from the cur- rent rule include the following: examinations occur before miners begin work in a given shift; operators promptly notify miners in the affected areas of detected hazards; competent persons must sign and date the examination sheet before the end of each shift; examination records include any adverse conditions found and corrective actions taken; and operators make records available to miners and their representatives. Despite these changes, Assistant Secretary of Labor for Mine Safety and Health Joseph A. Main stated during the stake- holder meeting that he believes the proposed examination rule is not as stringent as those rules governing examinations in underground coal mines. Like the changes noted in the July 2015 PPL, the changes proposed in the new rule present concerns for operators. First, including adverse conditions and corrective actions on the examination records raises the concern that MSHA will cite operators for violations noted in records, even if operators are in the process of abating or have already abated those condi- tions. Second, the requirement that competent persons must sign records suggests that MSHA may increase its focus upon ยง 110(c) penalties and other individual sanctions. Definitions of key terms remain the same, but the ambiguity that already exists may take on heightened significance. For example, the current definition of "working place" will remain as "any place in or about a mine where work is being performed." Ques- tions as to whether a certain location is a "working place" versus, for example, a "travelway" could result in confusion as to what locations require an examination before employees may be present. Additionally, the standard's requirement that the operator "promptly initiate appropriate action" in response to conditions found on examinations could raise questions as to what is required of the competent person signing off on the examination. Comments on this proposed rule must be received or postmarked by midnight Eastern Standard Time on Sept. 23, 2016. We would encourage all operators and industry groups to submit comments to MSHA concerning the proposed rule. Providing meaningful comments is your chance to participate in the legislative process and have your voice heard before the changes become final. AM ROCKLAW