Mine Safety Health Administration USDOL Introduction to MSHA George F. Schorr
MSHA Brief History • 1910 Congress established the Bureau of Mines • 1941 Congress empowered inspectors to enter mines • 1947 Congress authorized the formulation of first code of regulation for mine safety • 1952 Federal Coal Mine Safety Act • 1966 Congress extended CMSA to cover underground coal mines • 1966 Federal Metal and Nonmetallic Mine Act • 1969 Federal Coal Mine Health and Safety Act 1969 • 1977 Federal Mine Safety & Health Act of 1977 • 2006 Mine Improvement and New Emergency Response Act (MINER Act)
MSHA MSHA was established to enforce the requirements of the Federal Mine Safety & Health Act of 1977
MSHA • Enforcement • Education and Training • Technical Support
Enforcement of the Mine Act Section 101 - Mandatory Health & Safety Standards Section 103 – Inspection, Investigations and Record Keeping Section 104 – Citation and Orders Section 105 – Procedure for Enforcement (Including Miners Rights) Section 107 – Procedures to Counteract Dangerous Conditions Section 109 – Posting of Orders and Decisions Section 110 – Penalties Section 115 – Mandatory Health and Safety Training
MSHA • Enforcement 30 CFR Parts 1 to 199
30 CFR Parts 1 to 199 • Part 40 – Representative of Miners • Part 41 – Notification of Legal Identity • Part 45 – Independent Contractors • Part 46 – Training (Sand & Gravel) • Part 47 – Hazard Communications • Part 48 – Training Retraining of Miners • Part 50 – Reporting of Accident and Employment • Part 56 – Standards applicable to M/NM Surface • Part 57 – Standards applicable to M/NM Underground • Part 58 – Abrasive Blasting and Drill Dust Control • Part 62 – Occupational Noise • Part 100 – Civil Penalties
MSHA Inspections and Investigations Regular Inspection Follow-up Inspection Hazard Complaints Accident Investigations Technical Compliance Investigations Special Initiative Inspection Special Investigations
MSHA Inspection Procedures Review of Documentation Pre-inspection conference Review of required documents Physical inspection Closeout conference
Top 10 Cited Standards (Sand & Gravel) www.MSHA.GOV/compliance- enforcement/compliance-assistance
Top Ten 1) 56.14107(a) - Moving Machine Parts 2) 56.12004 – Electrical Conductors 3) 50.30a – Quarterly Report (7000-2) 4) 56.14132(a) – Horns and Backup Alarms 5) 56.14100 – Safety Defects, Examinations, Corrections and Records (not 56.18002) 6) 56.11001 – Safe Access 7) 56.12032 – Inspection and Coverplates 8) 56.14112(b) – Construction and Maintenance of Guards 9) 56.20003(a) Housekeeping 10) 56.12028- Testing Ground Systems
§ 56.18002 Examination of working places. • (a) A competent person designated by the operator shall examine each working place at least once each shift before work begins or as miners begin work in that place, for conditions that may adversely affect safety or health. • (1) The operator shall promptly notify miners in any affected areas of any conditions found that may adversely affect safety or health and promptly initiate appropriate action to correct such conditions. • (2) Conditions noted by the person conducting the examination that may present an imminent danger shall be brought to the immediate attention of the operator who shall withdraw all persons from the area affected (except persons referred to in section 104(c) of the Federal Mine Safety and Health Act of 1977) until the danger is abated.
§ 56.18002 Examination of working places. • (b) A record of each examination shall be made before the end of the shift for which the examination was conducted. The record shall contain the name of the person conducting the examination; date of the examination; location of all areas examined; and description of each condition found that may adversely affect the safety or health of miners and is not corrected promptly. • (c) When a condition that may adversely affect safety or health is not corrected promptly, the examination record shall include, or be supplemented to include, the date of the corrective action. • (d) The operator shall maintain the examination records for at least one year, make the records available for inspection by authorized representatives of the Secretary and the representatives of miners, and provide these representatives a copy on request.
Review of Citations When the inspector observes a violation of a mandatory standard During the close-out conference Part 100 Health and Safety Conference Pre-penalty or Civil Penalty Contest
Miners Rights and Supervisor Responsibilities 105 c – miners have right granted to them by the act. 110 c and d – directors, officers or agents who knowingly order authorize or carry out a violation shall be subject to civil penalties, fines and imprisonment.
Other Useful Information on MSHA’s Website Mine Data Source Calculator www.msha.gov/drs/drshome.htm
Mine Safety Health Administration Questions? George F. Schorr 218-720-5448, ext. 236 Schorr.George@msha .gov WWW.MSHA.GOV
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