Such notification will almost always have the effect of indirectly giving notice of an inspection. The accident results from the action, motion, or failure of the hoisting equipment or mechanism. MSHA reviews and tests the operator's respirable dust control plan by taking samples in accordance with MSHA’s Health Inspection Procedures Handbook. If it is an imminent danger complaint, an inspector and a supervisor should again attempt to conduct the inspection. . If a coal mine has an ongoing re-opening inspection under 303(x) of the Mine Act, the number of days from the start date to the end date of that inspection will be excluded from the calculation of the time available for a regular inspection. The owner, operator, or person in charge of any metal and nonmetal mine shall notify MSHA before starting operations, of the approximate or actual date mine operation will commence. MSHA itself does not maintain records of the training, so it is up to the training recipient to maintain their training records. Without the dozer, there would have been no resulting accident. It is consistent with current policies and incorporates the requirements of all relevant Procedure Instruction Letters. Denial of "right of entry" for not signing a release shall be reported in accordance with Section 108 of the Act. I.103-2 Company Release Forms Any information relating to inspection and investigation schedules, including an inspector's mine assignments, shall be restricted solely to MSHA personnel who have need of such knowledge. The Technical Compliance and Investigation Divisions (TCID) are responsible for overall administration and management of the special investigations program. Plants MSHA Coal Mine Impoundment Inspection And Plan Review Handbook PH-07-01 _____ 1. Extraction occurs on a one-time basis or intermittently as need occurs, for use as fill materials by the extracting party in the form in which it is extracted. It is a crime to assault, intimidate or impede MSHA employees who are assigned to perform investigative, inspection, or law enforcement functions. Administered by the Mine Safety and Health Administration (MSHA), the Act affects miners and mine operators who work on mine property within the United States. Noise samples will be collected at locations in accordance with the Health Inspection Procedures Handbook. is to grant to OSHA jurisdiction over plants that include a manufacturing process resulting in a product such as bricks, clay pipe, insulators, or other finished forms of refractories. This includes accidents caused by improper blocking of equipment under repair or inspection. If the inspection is not the result of an imminent danger complaint, no inspection personnel should return to the mine without approval from headquarters. Hoisting may also be the classification where a victim was injured by hoisting equipment but there was no damage to the equipment. MSHA and OSHA have entered into an agreement to delineate certain areas of inspection responsibility, to provide a procedure for determining general jurisdictional questions, and to provide for coordination between the two agencies in areas of mutual interest. If the facility prepares coal according to any specifications for benefit of either the operator or the consumer, MSHA will inspect the facility. Investigative activities include: 1. FALL OF ROOF OR BACK - Underground accidents which include falls while barring down or placing props; also pressure bumps and bursts. A reasonable likelihood that the hazard contributed to will result in an injury; and A reasonable likelihood that the injury in question will be of a reasonably serious nature. The accident classification identifies the circumstances which contributed most directly to the resulting accident. The notification shall include the mine name, location, the company name, mailing address, person in charge, and whether operations will be continuous or intermittent. be inspected. This definition shall include the operator if the operator works underground on a continuing, even if irregular basis. The characteristics of every surface mine depend upon the mine's location and the material being mined. While both agencies have extensive rules to prevent injuries, the approach and requirements for each are distinct. Any allegations of employee misconduct, including advance notification of inspections, should be referred to the appropriate Administrator. IMPOUNDMENT - An unstable condition at an impoundment, refuse pile, or culm bank which requires emergency action in order to prevent failure, or which causes individuals to evacuate an area. If the plan is not being followed, the appropriate citation/order is issued. Inspections, Investigations and POWERED HAULAGE - Haulage includes motors and rail cars, conveyors, belt feeders, longwall conveyors, bucket elevators, vertical manlifts, self-loading scrapers or pans, shuttle cars, haulage trucks, front-end loaders, load-haul- dumps, forklifts, cherry pickers, mobile cranes if traveling with a load, etc. EXPLOSIVES AND BREAKING AGENTS - Accidents involving the detonation of manufactured explosives, Airdox, or Cardox, that can cause flying debris, concussive forces, or fumes. In order to avoid a confrontation, the inspector should inform the person(s) that an attack on an MSHA inspector is a federal crime, and that the person(s) may be subject to investigation and arrest by the FBI. Respirable coal mine dust samples are collected at surface mines in accordance with the Health Inspection Procedures Handbook. The mine may be either a surface or underground operation. Investigations mine, or to other mines of the operator; The road provides an exclusive or a major means of The Act defines a miner as, "any individual working in coal or other mine" and a mine operator as "any owner, lessee, or other person who operates controls, or supervises a coal or other mine or any independent contractor performing service or construction at such mine". MSHA's interpretation is that this requirement applies to full-time producing mines operating for the entire fiscal year period. Obtaining information for petitions for modifications, etc. This includes evaluating the effectiveness of each district's special investigation program, monitoring district compliance with national policies and procedures, and providing periodic updates on the status of cases. jurisdiction of the Act. I.3-4 Jurisdiction Over Coal Loading STRIKING OR BUMPING - This classification is restricted to those accidents in which an individual, while moving about, strikes or bumps an object but is not handling material, using hand tools, or operating equipment. Section 6(b)(7) in the MSHA/OSHA Interagency Agreement states: 'Borrow Pits' are subject to OSHA jurisdiction except those borrow pits located on mine property or related to mining. The Mine Safety and Health Administration (MSHA) (/ ˈɛmʃə /) is a large agency of the United States Department of Labor which administers the provisions of the Federal Mine Safety and Health Act of 1977 (Mine Act) to enforce compliance with mandatory safety and health standards as a means to eliminate fatal accidents, to reduce the frequency and severity of nonfatal accidents, to minimize health … No milling is involved, except for the use of a scalping screen to remove large rocks, wood and trash. independent contractors are found in Part 45 of Title 30 CFR. When any mine is closed, the person in … Examples of possible essential preparations are described below: 1. If a roof fall results in an entrapment accident, the accident classification is �Entrapment. I.103-3 Performance of Work Other Than Inspections and Accidents involving cages, skips, buckets, or elevators. MSHA policy regarding independent contractors is set forth in this Manual in Volume III, Parts 45 and 50. We have also learned that even with the development of modern rescue equipment and techniques, gaps still remain in our capabilities that could hamper or harm a successful mine rescue effort. this Manual in Volume III, Parts 45 and 50. key cuts in dam construction (not on mining property or used in mining); When special preparations are needed during an inspection for an examination of a mine power system, it is permissible for the inspector to make arrangements for the inspection of the electrical system during scheduled down time. Summary of MSHA Noise Guidelines. 103(a) Mandated Inspections This definition also does not include maintenance or service workers who do not work at a mine site for frequent or extended periods. The accident may or may not be directly tied to any resulting injury. Included are exploding gasoline vapors, space heaters, or furnaces. FIRE - In underground mines, an unplanned fire not extinguished within 10 minutes of discovery; in surface mines and surface areas of underground mines, an unplanned fire not extinguished within 30 minutes of discovery; HANDLING MATERIAL - (Lifting, pulling, pushing, shoveling material.) Thus, any person who assaults, intimidates or impedes an MSHA inspector, while the inspector is engaged in, or on account of, the performance of his/her official duties, is subject to investigation and arrest by the FBI, prosecution by the U.S. Attorney in the federal courts, and to a fine and/or imprisonment. However, there are limited occasions when advance notice is contemplated by the Act. MSHA will not inspect facilities where coal is prepared solely to facilitate loading and not to meet specifications or to render the coal for any particular use. Included are all electric and air-powered tools and mining machinery such as drills, tuggers, slushers, draglines, power shovels, loading machines, compressors, etc. In January 1991, . An inspector shall not sign a responsibility release form when entering a mine to perform his duties. "Mine" Mining poses many hazards to workers, one of which is noise induced hearing loss (NIHL). Clearance and direction must be obtained from the inspector's supervisor before notice is given for investigative activities. 103(a) w w w . FALLING, ROLLING, OR SLIDING ROCK OR MATERIAL OF ANY KIND -Injuries caused directly by falling material require great care in classification. If an inspector encounters harassment or delays during a mine inspection, the inspector should attempt to complete the inspection without further provoking the operator. The Mine Act Definition of an “OPERATOR” The Mine Act defines “operator ” to mean “any owner, lessee, or other person who operates, controls, or supervises a coal or other mine or any independent contractor performing services or construction at such mine.” 30 U.S.C. In the case, the mine operator challenged MSHA’s imposition of a 103(k) order after a two-ton flyrock landed on residential property – even though there was no injury or death involved. Demonstrations of research or prototype equipment; and. I.3-5 Jurisdiction Over Coal Preparation Pre-selected meeting sites should not reveal the specific areas to be inspected. The criteria or factors listed below will be used for determining jurisdiction. Washington — The Mine Safety and Health Administration’s direct final rule concerning advances in electronic detonators in metal and nonmetal mines has gone into effect, the agency announced March 18. I.103-5 Reporting and Investigating Blocked Passage 'Borrow Pit' means an area of land where the overburden, consisting of unconsolidated rock, glacial debris, or other earth material overlying bedrock is extracted from the surface.
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