MSHA: General Update David G. Zatezalo Assistant Secretary of Labor - - PowerPoint PPT Presentation

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National Mining Association Safety Committee Washington, DC October 31, 2019 MSHA: General Update David G. Zatezalo Assistant Secretary of Labor Mine Safety and Health Administration 1 1 The MSHA Mission to prevent death, illness,

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SLIDE 1

National Mining Association Safety Committee

Washington, DC October 31, 2019

MSHA: General Update

David G. Zatezalo

Assistant Secretary of Labor Mine Safety and Health Administration

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SLIDE 2

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The MSHA Mission

“to prevent death, illness, and injury from mining and promote safe and healthful workplaces for U.S. miners”

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MSHA’s Tools

  • Fair and consistent enforcement,

including mandated inspections

  • Compliance and technical assistance
  • Training and education
  • Rulemaking and policy guidance

MSHA.GOV | @USDOL #MSHA

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SLIDE 4

0.05 0.1 0.15 0.2 0.25 0.3 0.35 0.4 0.45 0.5 500 1000 1500 2000 2500 3000 3500 4000

Fatalities Fatal IR

28 fatalities in 2018

U.S. Mining Fatalities 1912-2018

3,679

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1912 1914 1916 1918 1920 1922 1924 1926 1928 1930 1932 1934 1936 1938 1940 1942 1944 1946 1948 1950 1952 1954 1956 1958 1960 1962 1964 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 2014 2016 2018

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SLIDE 5

# of Mines Reporting Employment 13,072

  • Coal Mines Only

1,192

  • Metal/Nonmetal Mines Only

11,880 Total Industry Employment (including

contractors)

MSHA Inspections/Employees 332,179 37,106/1900 Citations & Orders Issued 97,562 Dollars Assessed (millions) $55.0

MSHA Data for 2018

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SLIDE 6

MSHA’s Mine Portfolio

Mine Type Number of Mines Share of Total UG Coal Only 424 3.0% UG MNM Only 241 1.7% UG Total 665 4.7% All Surface 12,705 89.3% Facilities Only 859 6.0%

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Coal Fatalities MNM Fatalities Injury Rate

3.50

120

3.26 3.02 2.83 30 18 48 20 20 20 16 12 8 15 12 10 23 17 24 16 16 22 30 17 17 13 16 9 53 35 72 36 36 19 42 46 29 25 28 28 3.00 2.75 2.59

100

2.50 2.47 2.31 2.50 2.20 2.17

80

2.04 2.07 2.00

60

1.50

40

1.00

20

0.50 0.00

2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

Calendar Year

Fatalities

Mining Injury Rates & Fatalities 2008-2019

Fatality data as of 10/30/2019 Injury rate data as of 9/30/2019 –200,000 hour basis

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SLIDE 8

Dust Sampling Trends

  • Increased sampling of key positions in coal

mines was mandated by 2014 dust rule

  • What trends are we seeing?

MSHA.GOV | @USDOL #MSHA

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SLIDE 9

MSHA.GOV | @USDOL #MSHA

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,174

Coal - Number of Valid MSHA & Operator Respirable Dust Samples

160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000

90,803 93,911 80,627 73,313 81,548 82,293 76,812 76,974 88,556 76,304 75,262 79 74,289 66,534 60,277 61,629 100,913 138,768 129,226

CPDM required 2/1/16

1.5 mg/m³ standard in effect 8/1/16

CalendarYear

Data as of 1/30/2019

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SLIDE 10

1.15 1.10 1.05 1.00 0.95 0.90 0.85 0.80 0.75 0.70 0.65 0.60 0.55

0.95 0.92 0.88 0.72 0.89 0.81 0.82 0.77 0.77 0.74 0.73 0.72 0.69 0.68 0.64 0.69 0.71 0.63 0.61 1.09 1.07

Operator Avg. Conc. MSHA Avg. Conc.

1.00 0.93 0.91 0.92 0.96 0.95 0.87 0.86 0.86 0.80 0.73 0.73 0.70 0.69 0.64 0.61 0.61

Calendar Year Average Dust Concentration – mg/m3

MSHA.GOV | @USDOL #MSHA

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Average DO* Dust Concentration in Underground Coal Mines, by MSHA and Operator Samples

* Designated occupations (DO) exposed to the highest levels of respirable coal mine dust.

Data as of 1/30/2019

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10.00% 9.00%

9.08% 9.08%

8.00%

7.98%

7.00%

7.58% 7.29%

6.00%

6.49% 6.27% 6.40%

5.00%

5.45% 4.68%

4.00%

4.17% 3.90%

3.00%

3.50% 3.06%

2.00%

2.36% 1.65%

1.00%

0.79% 0.88% 0.87%

0.00% CalendarYear

MSHA.GOV | @USDOL #MSHA

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Coal - MSHA & Operator Respirable Dust Samples % > Standard

Data as of 1/30/2019

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18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000

14,798 13,911 11,948 10,038 7,280 5,311 5,294 5,461 6,389 4,488 4,339 4,125 4,483 4,301 3,928 3,537 3,573 3,199

CalendarYear

MSHA.GOV | @USDOL #MSHA

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Coal - Number of Valid MSHA Quartz Samples

Data as of 2/5/2019

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SLIDE 13

MSHA.GOV | @USDOL #MSHA

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Average QuartzConcentration - µg/m3

80 70 60 50 40 30 20 10 55.5 50.9 49.3 45.2 41.9 33.1 27 .8 24.8 25.4 25.6 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

Calendar Year

Underground Coal Mines MSHA Average Designated Occupation* Quartz Concentration by Calendar Year

* Designated occupations (DO) exposed to the highest levels of respirable coal mine dust.

Data as of 1/30/2019

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30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00%

24.12% 23.26% 21.11% 20.11% 19.22% 18.15% 18.32% 16.77%16.53% 15.33% 12.17% 11.34% 8.62% 7.56% 2.86% 1.86% 1.44% 1.28% 1.20%

CalendarYear

MSHA.GOV | @USDOL #MSHA

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Coal - MSHA Quartz Samples % >100 µg/m³

Data as of 2/5/2019

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All US

100,000 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000

89,355 79,518 71,584 64,237 52,362 46,609 40,018 36,541 33,574 30,826 28,671 26,829 25,106 23,378 21,860 20,655 19,981 19,430 18,962

MSHA.GOV | @USDOL #MSHA

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Number of Black Lung Claims Paid

Data retrieved from https://www.dol.gov/owcp/dcmwc/statistics/statistics.htm Claims counts are based on number of payments made to miners, widows, or dependents in the state in which the beneficiary resides.

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Applications

50 100 150 200 250 300 350 400

Quarters 342 369 345 331 328 330 310 297 302 304 254 221 182 182 177 152 170 154 146 151 156 155 152 125 109

ELECTRICAL SAFETY DIVISION APPLICATION BACKLOG BY QUARTER (January 1, 2016 to September 18, 2019)

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Powered Haulage Safety Initiative

Powered Haulage accidents were responsible for 50% of fatalities in recent years; 13 of 27 (48%) in 2018 Preventing these accidents is a priority for MSHA, with a focus on:

  • Mobile Equipment
  • Belt Conveyors
  • Seat Belt Safety

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View from the Operator’s Cab

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MSHA.GOV | @USDOL #MSHA

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SLIDE 19

MSHA.GOV | @USDOL #MSHA

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Actual Activity

  • n

the Ground

Large vehicles striking other vehicles or pedestrians have killed 24 miners since 2003

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Belt Conveyors

  • Seven miners killed working around belt

conveyors since January 2017; four in coal, three in MNM

  • Since 2008, 19 fatalities and more than 40

permanent injuries

  • Guarding, lock-out tag-out, properly using

crossovers - all essential for safety

MSHA.GOV | @USDOL #MSHA

2020

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SLIDE 21

MSHA.GOV | @USDOL #MSHA

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Seat Belt Safety

  • Three fatalities in 2017

and 2018, and 38 fatalities since 2007, involved miners not wearing seat belts

  • 6000+ MSHA citations

issued for failure to wear seatbelts since 2007 (most in MNM mines)

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MSHA.GOV | @USDOL #MSHA

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Powered Haulage Safety Outreach

We are distributing stickers, brochures and more to spread the word

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ELECTROCUTIONS

  • THREE FATAL ELECTROCUTIONS IN “SIX” WEEKS
  • Two in West Virginia (Coal – District 04)
  • One in Louisiana (M/NM – South Central)
  • Near miss situations such as “victim in Florida

contacted high voltage by placing head in electrical box” All have somethings in common:

  • 1. “No Lock Out/Tag Out”
  • 2. Not protected with appropriate PPE
  • 3. Working on electrical equipment with Certified
  • r Qualified persons present
  • 4. Working – Not Troubleshooting

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SLIDE 24

Contractors

  • Nine of Nineteen Fatalities
  • Contractors represent 25% of workforce
  • Mine Act defines “operator” to include

both owner/production operators and Independent contractors

  • Operator & Contractor have equal responsibility

for compliance of laws, standards & regulations

  • Most (if not all) contractor fatalities show

training deficiencies

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One MSHA Initiative

  • Blurring the distinction betweenCoal and

Metal/Nonmetal enforcement for more efficient use

  • f resources
  • Cross traininginspectorsand updating systems to

accommodate change where it makes sense

  • Inspector expertise still required for certain mines
  • Moved to Phase 2 with an additional 123 mines
  • Total to date “blurred” 213 mines

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MSHA.GOV | @USDOL #MSHA

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Scofflaw Initiative

  • Small share of operators are chronically

delinquent and have poor safety records; worst violators selected each month

  • Payment plans proposed/established with

total commitment of $4.2 million

  • 39 mines paid in full for $2.2 million
  • 57 104(a) citations issued; 26 104(b) orders
  • issued. Two (2) operations are currently

closed under an order.

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SLIDE 27

MSHA.GOV | @USDOL #MSHA

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Examinations of Working Places in Metal and Nonmetal Mines

  • On June 11, 2019, a court challenge to the final examinations rule

published on April 9, 2018, was decided.

  • The D.C. Circuit Court ordered MSHA to vacate the 2018 final rule

and to reinstate the 2017 final rule.

  • On September 30, 2019, MSHA published a technical amendment,

“Examinations of Working Places in Metal and Nonmetal Mines.” The technical amendmentreinstates two regulatory provisions established by the 2017 final rule – 30 CFR 56.18002 and 57.18002.

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Examinations of Working Places in Metal and Nonmetal Mines

Two Provisions affected by the court’s ruling

  • 1. Timing of the Examination (30 CFR 56/57.18002)

Mine operators must perform a working place examination at least once per shift before miners begin work in that place.

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Examinations of Working Places in Metal and Nonmetal Mines

Two Provisions affected by the court’s ruling

  • 2. Examination Record (30 CFR 56/57.18002)

A description of each condition found during the examination that may adversely affect the safety or health of miners needs to be included in the record.

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Compliance Assistance and Enforcement

  • MSHA will use the first 90 days to hold stakeholder meetings and provide in-

person compliance and technical assistance. Dates and locations of our stakeholder meetings are found on our website at www.msha.gov.

  • During this 90-day period (which ends December 31, 2019), MSHA will

conduct its regular inspections and expect mine operators to comply with the 2018 rule requirements while moving to adoption of the 2017 final rule.

  • Starting on January 1, 2020, MSHA will enforce the 2017 final rule and will

issue citations to mine operators not in compliance with these requirements.

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In Summary: MSHA Today & Tomorrow

  • Health Focus
  • Workforce for the 21st Century – VR orientated
  • Regulatory Review
  • Dust
  • Diesel Emissions
  • Powered Haulage

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MSHA.GOV | @USDOL #MSHA

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SLIDE 32

Questions?

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