Aggregates Manager Digital Magazine
Issue link: https://read.dmtmag.com/i/883641
AGGREGATES MANAGER / October 2017 29 reported if the circumstances are of a nature or type that could reasonably cause death. For example, miners trapped in areas with exposure to airborne contaminants or a limited air supply are likely to trigger the immediate reporting requirement. Despite examining numerous terms from Part 50, the Com- mission has given no guidance on what constitutes an entrap- ment. The dictionary defi nition of entrapment is "the condition of being entrapped" or caught "as if in a trap." Merriam-Webster. com. 2017. https://www.merriam-webster.com (17 August 2017). "Trap" means "something by which one is caught or stopped unawares" or "a position or situation from which it is diffi cult or impossible to escape." Merriam-Webster.com. 2017. https://www. merriam-webster.com (17 August 2017). It is clear that a miner is entrapped when that miner is unable to exit an enclosure, machine, or other area. When an area is possible but diffi cult to exit, it is less clear whether an entrapment exists. One administrative law judge (ALJ) considered whether entrapment existed where a miner could exit an area, albeit unsafely. In J.S. Redpath, the ALJ analyzed whether a piece of mining equipment stopped in a 1,600- foot raise was "entrapment." J.S. Redpath Corp., 30 FMSHRC 12, 24-26 (January 2008) (ALJ) (Barbour). Compressed-air powered climbers moved up and down the raise with one or two miners inside. The conduit supplying compressed air to a climber broke when the climber was some distance up the raise. Id. at 24. Wit- hout compressed air, the primary braking system could not function. Id. While the miners in the climber could use foot and hand brakes to affect a controlled descent of the climber, they chose not to move the climber. Id. at 25. As a result, the miners remained in the climber approxi- mately 1,400 feet above the ground for more than 30 minutes. The ALJ examined whether the means to descend and exit the climber meant that no entrapment existed. According to the ALJ, an alternate means of escape does not necessarily preclude an entrapment. The two miners remained 1,400 feet above the ground because they were concerned that hand and foot brakes may not provide a safe means to stop the climber. Id. at 25. Where escape is more dangerous than remaining in an area, an entrapment exists if miners remain for more than 30 minutes. Id. at 24. J.S. Redpath is a reasonable interpretation of § 50.10. When a reasonable doubt exists, operators should err on the side of reporting. The defi nition of entrapment allows for the existence of possible, yet diffi cult, escape. However, if it is safer to remain in an area than to move, then it is reasonable the miner should not move. Thus, operators should report an entrapment to MSHA even when a means of escape exists if that escape poses a hazard to miner safety. An operator must evaluate each specifi c situation and decide whether the miner would be safer staying confi ned than esca- ping an area. If escaping an area exposes the miner to additional danger, that miner is entrapped. Operators should report that situation to MSHA if the miner remains in that state for more than 30 minutes. Identifying specifi c hazards is key to deciding whether to report an entrapment. Remember: miner safety is always the most important consideration. AM 1.888.862.7461 www. beka-lube.com BEKA - LUBRICATION SPECIALISTS SINCE 1927 BEKA auto-lube is built to take the bumps and grinds of a hard-working life on the road or off. Give your fleet the solution that keeps them on the job. • Cast aluminum base withstands impacts and hot/cold cycles without leaking • No springs! Eccentric gear drive resists wear, fatigue and cold • Consistently precise grease dosing Find out why industries are choosing today's best-built auto-lube systems. Call 1.888.862.7461 or email us at info@beka-lube.com. Beka systems take a thumpin'& keep on pumpin' 026-190B AGG Manager 4.5x4.5 4C.indd 1 2017-08-10 11:35 AM