Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/829086
ROCKLAW • 23 R ecently, the Mine Safety and Health Administration (MSHA) issued a Metal/Non-metal Mine Safety Alert – Preventing Fall of Person Accidents. In its release, MSHA states that 29 miners have died at metal and non-metal mines in the past decade because they fell from an area where they were working, such as falls from elevated positions on heavy equip- ment, ladders, and conveyor walkways. MSHA recommended some best practices to prevent falls, including the following: making mobile or stationary platforms available where there is a risk of falling; assigning safety harnesses and lanyards to miners working at elevated locations where a fall can occur; providing stable and durable anchor points for miners to attach lanyards; providing physical bar- riers around floor openings; developing work areas and job tasks that minimize fall hazards; and, of course, complying with the fall protection standards at 30 C.F.R. §§ 56/57.15005 – the use of safety belts and lines. Sections 56/57.15005 both require safety belts and lines be used "where there is a danger of falling." Not surpris- ingly, the standards' lack of specificity led to some confusion among mine operators as to when fall protection actually was required. On June 21, 2012, MSHA is- sued a program policy letter (PPL) in an attempt to clarify its enforcement position regarding fall protection for surface and underground metal and non-metal mines. Program Policy Letter No. P12-IV-01. The PPL stated, "[I]n many cases, compliance with OSHA's fall protection standard will satisfy the requirements of MSHA's 30 C.F.R. §§ 56/57.15005 standard." The Occupational Safety and Health Administration's (OSHA) fall pro- tection standard for the construction industry requires "each employee on a walking/working surface... with an un- protected side or edge which is 6 feet (1.8 m) or more above a lower level shall be protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems." 29 C.F.R. § 1926.501(b)(1). However, it is important for mine operators to understand that there can be a violation of 30 C.F.R. §§ 56/57.15005 when a condition exists that presents a fall hazard of less than 6 feet. For exam- While many operators use OSHA's 6-foot benchmark, MSHA inspectors can cite for lower heights based on conditions. When Do You Need Fall Protection? by Christopher G. Peterson ROCKLAW Christopher G. Peterson is a member of the firm, resident in Jackson Kelly PLLC's Denver office, where he is assistant practice group leader of the Occupational Safety and Health Practice Group. He can be reached at 303-390-0009 or cgpeterson@jacksonkelly.com.