Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/829086
ROCKLAW • 24 ROCKLAW ple, in Boart Longyear Co., 35 FMSHRC 3680, 3687 (ALJ Barbour December 2013), the administrative law judge (ALJ) found that a driller working on top of a truck bed with some loose materials on it that was about 5 feet above ground level while not wearing fall protection violated 30 C.F.R. § 56.15005. The ALJ found that the cited condition created a danger of falling. The operator argued that working at an elevation of 5 feet did not create a danger of falling. The operator relied on MSHA's PPL, spe- cifically, OSHA's determination that a danger of falling be- gins at elevations of 6 feet. The ALJ, however, found that MSHA's PPL left room for site specific evaluation. The ALJ stated that a 5-foot elevation is neither inherently safe nor inherently unsafe; site-specific conditions must be taken into account. The ALJ found that the driller working at a height of 5 feet with tripping hazards present created a danger of falling. MSHA has taken the position, and ALJs have agreed, that MSHA's PPL is merely a "guideline" for inspectors to use and does not create a require- ment that MSHA inspectors are bound to follow the OSHA 6-foot rule. See Conveyor Belt Services, Inc., 38 FMSHRC 1542, 1555 (ALJ Gill June 2016) (the inspector was not bound to the interpretation put forth by MSHA in the PPL). In fact, the Federal Mine Safety and Health Review Commission has specifically found that a danger of falling exists, and, therefore, the safety belts and lines standard would apply, when "an informed, rea- sonably prudent person would recognize a danger of falling warranting the wearing of safety belts and lines." Great Western Electric Co., 5 FMSHRC 840, 842 (Review Commission May 1983). This means that MSHA's enforcement of the fall pro- tection standard at 30 C.F.R. §§ 56/57.15005 is not tied to any specific height limit. The fall protection standard will be cited whenever an inspector believes there is a danger of falling and fall protection, in some form, is not provided. In most cases, identifying a fall hazard will be more involved than simply determining the height at which work is performed. Operators should assess their fall protection training and evaluation process and make sure it includes the entire working place and does not focus solely on the height at which work will be performed. Although the PPL provided some general information regarding fall protection compliance, it also built in the discretion for MSHA to deviate from OSHA's standard by stating that compliance with OSHA's fall protection stan- dard would satisfy MSHA's requirements in "many cases." Given this less-than-definitive language, mine operators may use OSHA's fall protection standard as a guideline. However, operators need to continually evaluate work situations that might trigger a need for fall protection at heights of less than 5 feet. AM Be a cool operator Be a cool operator 1-800-267-2665 • sales@hammondac.com • www.hammondac.com When you work hard in small spaces, you need AC big time! With over 1200 different kits engineered and developed, count on Arctic Wolf™ for factory-style integrated air conditioning systems in ready-to-fit kits. Loaders. Dozers. Excavators. Graders. Tractors. If your equipment has an engine and a cab on it, we can put cool air into it. Call today. 1-800-2 MR COOL or go online at www.hammondac.com and order your system and parts today. 081-178 Equip World 4.5x4.5.indd 1 2016-06-01 2:18 PM Untitled-7 1 6/6/16 2:14 PM