Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/878969
26 AGGREGATES MANAGER / September 2017 Unless extended again, operators need to prepare for the rule's Oct. 2 implementation. Dana M. Svendsen is a member in Jackson Kelly PLLC's Denver office, where she practices in the Occupational Safety and Health Group. She can be reached at 303-390- 0011 or dmsvendsen@ jacksonkelly.com. MSHA Workplace Examinations T he Mine Safety and Health Administration (MSHA) extended the effective date of the Workplace Examination Rule (the Rule) to Oct. 2, 2017. MSHA's reasoning for the delay is to address the regulated community's concerns about compliance assistance materials and to give MSHA time to train its inspectors. The extension of the effective date affords MSHA more time to complete development of compliance assistance materials and conduct stakeholder meetings with the regulated community. But, as of Oct. 2, 2017, what will operators have to do to comply? If the effective date is not extended yet again, will your site be ready? This article discusses the rule's requirements and iden- tifies compliance issues to consider. The rule requires an operator to: designate a competent person to examine each working place before miners begin work in that place for conditions that may adversely affect safety or health; notify miners in the affected areas of any conditions that may adversely affect their safety or health; promptly initiate corrective action; and make a record of the examination. This examina- tion must be conducted at least once each shift. Many in the regulated community are concer- ned about the rule's requirement to complete examinations before miners begin working in an area. Specifically, the rule requires that an exami- nation of each working place must occur before miners begin work in any "working place." Mine operators are then charged with the responsibility of promptly notifying miners of any adverse wor- king conditions in their working places. "Prompt notification" requires that notification occur before miners are exposed to the condition. While MSHA believes that, in most cases, verbal notification or descriptive warning signage would be sufficient, it will be difficult for mine operators to prove notification occurred if a dispute arises without documentation of such notification. If the adver- se conditions are corrected before work begins, notification is not required. The rule also contains more specific require- ments for examination records. While the records do not need to be signed by the examiner, each examination record must include: the name of the competent person conducting the exam, the date of the exam, the location of all areas exami- ned, and a description of each condition found that may adversely affect the safety or health of miners. The record must then be supplemented to include the date of the corrective actions taken for the listed adverse conditions. However, examina- tion records do not need to contain a description of the corrective action taken or the name of the person making the record of the corrective action. Each record of examination must be completed before the end of shift for which the examination was performed. Further, each record must be maintained for one year. In addition to providing the exam record to MSHA upon request, operators must provide copies to miners' representatives upon request. MSHA continues to define "working place" as any place in or about a mine where work in the extraction or milling processes is being performed. MSHA has stated that "working place" includes roads traveled to and from a work area. However, it does not include roads not directly involved in ROCKLAW by Dana M. Svendsen