Aggregates Manager

September 2017

Aggregates Manager Digital Magazine

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28 AGGREGATES MANAGER / September 2017 the mining process, administrative office buildings, parking lots, lunchrooms, toilet facilities, or inactive storage areas. MSHA notes that it will still inspect these areas for other violations. Mine operators are required to examine isolated, abandoned, or idle areas of the mine only when miners have to perform work in these areas during the shift. The definition of "competent person" did not change under the new rule. A competent person is a person having the abili- ties and experience that fully qualify him to perform the duty to which he is assigned. While MSHA will not require additional training for competent persons performing workplace examina- tions, a competent person must be able to recognize hazards and adverse conditions that are expected or known to occur in a specific work area or that are predictable to someone familiar with the mining industry. Many operators have concern about implementation of the rule. Since the Mine Act is a strict liability statute, noting adverse conditions on examination records raises the concern that MSHA will cite operators for violations that are found and recorded on examination records, even if operators are in the process of fixing or have previously fixed the noted conditions. This will be more likely if the date of corrective action has not yet been added to the examination record or if the- re are delays in getting noted conditions corrected. Other operators are concerned about the ability to perform the workplace examinations in the time required by the rule. Mine operators must designa- te a competent person to conduct an examination before work begins in each working place. The competent person is not required to complete the actual record of the examination until the end of shift. However, the operator is held responsible for notifying any miner who would be affected by the adverse condition prior to that miner potentially being exposed. Therefore, operators will need to decide prior to implementation of the rule how the adverse conditions noted during an exam will be communicated to other mi- ners before work begins if exam records are not turned in to the operator until the end of shift. Proactive mine operators should be preparing for compliance before the effective date of the new rule. Addressing the issues posed above will allow your mine site to successfully comply with the new rule. If you need compliance support, seek advice of counsel. AM Get your damaged SBR conveyor back in service in just 90 minutes! Heavyweight SBR conveyors are the major arteries of mining and aggregate processing operations. Left unrepaired, a small gouge, tear, or problem with a cold vulcanized splice in a belt could shut down an entire plant . R-Flex ® Belt Repair Kit Devcon ® R-Flex ® Kits contain everything you need to repair a damaged SBR conveyor belt and return it to service... in just 90 minutes! And R-Flex's enhanced formulation offers increased flexibility, improved crack resistance, and longer working times in hot climates. An ITW Polymers Adhesives Brand For more information visit: www.devcon.com/RF or call Devcon Tech Service: 1-800-933-8266 17-066 R-Flex Island-half (AgrtMngr).indd 1 3/21/17 10:31 AM Untitled-10 1 8/2/17 2:33 PM ROCKLAW

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