1. Supervisory Responsibility Responsibilities under the Federal Mine Safety and Health Act of 1977

2. Course Topics Definitions Definitions Sections of the Mine Act Sections of the Mine Act Significant and Substantial Significant and Substantial Negligence Negligence Unwarrantable Failure Unwarrantable Failure Company/agent Violations Company/agent Violations Special Investigations Special Investigations Penalties Penalties Good Supervisory Practices Good Supervisory Practices

3. Coal Mine Safety Act 1969  Created After The Farmington, WVA Mine Disaster. 78 Miners Died, November 1968.  Grabbed The Nation’s Attention By Being Televised From The Scene.  Congress Was Outraged By Tony Boyle’s Statement That Mining Fatalities Are An Inherent Part Of Mining And Nothing Could Be Done To Stop The Deaths.

4. Coal Mine Health & Safety Act 1969  Mine Enforcement Safety Agency (MESA) Was Created And Place Under The Department Of Interior.  Metal & Nonmetal Mines Were Exempt From The Act.  Inspectors Wrote Notices And Not Empowered With The Right Of Entry.

5. Coal Mine Health & Safety Act 1969  Many States Had More Stringent Mining Laws Than MESA.  1976 Sunshine Mine Disaster, Kellogg, ID.  100 Miners Died.  Once Again Television From The Scene.  Congress Created Mine Act Of 1977.  Metal & Non-Metal Mines Included.

6. Mine Safety & Health Act 1977  MSHA Created And Moved To Department Of Labor.  Right Of Entry Established.  National Mine Academy Established.  Training Part 48 Established.

7. Federal Mine Safety and Health Act of 1977 Definitions  Miner - any individual who works in a mine  Operator - any owner, lessee, or other person who operates, controls or supervises a mine, OR Any independent contractor performing services or construction at a mine. Contractors account for 30-35% of all mining fatalities. Any independent contractor performing services or construction at a mine. Contractors account for 30-35% of all mining fatalities.

8. WHO IS RESPONSIBLE?  The operators of mines with the assistance of miners have the primary responsibility to prevent the existence of unsafe and unhealthful conditions and practices in mines.

9. INDEPENDENT CONTRACTORS  Must Comply With Mine Act & CFR 30.  Will Be Cited For Violations.  Could Be Dual Citations Issued.  Mine Operator Must Assure Contractor Compliance And Monitor Frequently. Specify rigid requirements in contracts to control contractor behavior Specify rigid requirements in contracts to control contractor behavior

10. What Is An “Agent”  ANY person charged with responsibility for the operation of all or part of a mine…or supervision of miners in a mine.

11.  Are you a supervisor, foreman, superintendent, etc.?  If yes to any of the above, you are an AGENT.

12.  Are you aware of your responsibilities under the Mine Act?  Are you aware of the potential consequences of ignoring those responsibilities ? LISTEN UP!!! LISTEN UP!!!

13. AN ACT Levels of Enforcement Section 103  a) Mandatory minimum of 4 & 2 inspections per year.  d) Accident/Injury investigation & reporting (30 CFR Part 50).  f) Right of the miner to have representation on an inspection (30 CFR Part 40).  g) Right to request an immediate inspection (30 CFR Part 43).

14. Section 104  (a) - Citations issued for violations  (b) - Non-compliance orders  (d)(1) - Unwarrantable failure citation

15. Section 104 ( Con’t )  (d)(1) - (d)(2) - Unwarrantable failure order(s)  (e)(1) - (e)(2) - Pattern of violations

16. Section 104 ( Con’t )  (g)(1) - Untrained miner withdrawn from the mine.  (g)(2) - No discharge, discrimination or loss of pay if withdrawn under (g)(1).

17. Section 107(a)  Imminent danger order *Too hazardous to continue operations without the possibility of something occurring and, *Requires immediate action

18. Significant And Substantial (S&S)  What makes a violation S&S? Gravity (section 10 of citation/order) Gravity (section 10 of citation/order) If a condition is left unabated, what is the likelihood it would result in an injury, andIf a condition is left unabated, what is the likelihood it would result in an injury, and If there was an injury, how serious would it be?If there was an injury, how serious would it be? For a citation to be S&S, an injury must be reasonably likely to occur AND result in lost workdays or restricted duty.For a citation to be S&S, an injury must be reasonably likely to occur AND result in lost workdays or restricted duty.

19. How Is Operator Negligence Determined ?  Negligence is failure to exercise the degree of care or diligence you would reasonably expect from a prudent person…in a position of responsibility.

20. Unwarrantable Failure  Unwarrantability is a negligence determination.  Factors caused by a high degree of negligence or reckless disregard should be evaluated for an unwarrantable failure to comply.

21. Factors Addressed By Inspector ä Amount of time violative condition existed. ä The hazard is serious warranting increased attention by the operator. ä The violation is repetitious of a previous violation. ä The violation was the result of deliberate activity, or the operator had knowledge or reason to know.

22. Section 105  a) Propose penalty within a reasonable time  c) No discrimination against miners for protected activity.  d) Hearing for contesting citations, orders, and penalties.

23. Purpose Of Section 110  Congress recognized that strict civil and criminal penalties for violations were necessary to ensure that the health and safety standards would be met...

24. Purpose continued ...therefore, congress expressly imposed civil and criminal penalties on both the company and AGENTS of corporate mine operators.

25. Section 110 (Con’t)  (c) - Corporate agent assessed civil penalty for knowing violations  (d) - Any operator agent who willfully violates and convicted (criminal) can be assessed up to $250k or 1 year in prison or both.

26. Section 110 ( Con’t )  “knowingly” has been defined as: …Knowing or having reason to know. A person has reason to know when he has such information as would lead a person exercising reasonable care to acquire knowledge of the fact in question or to infer its existence. MSHA must show a preponderance of evidence existed. …Knowing or having reason to know. A person has reason to know when he has such information as would lead a person exercising reasonable care to acquire knowledge of the fact in question or to infer its existence. MSHA must show a preponderance of evidence existed.

27. SECTION 110 (Con’t)  In reference to 110(d) of the act, “willfully” has been defined as:  …Done knowingly and purposely by a [person] who, having a free will and choice, either intentionally disobeys the standard or recklessly disregards its requirements.

28. Section 110 (Con’t)  110(e) - $1,000 fine or 6 mo. in prison or both for any person notifying an operator of impending inspection  110(f) - Up to $250k or 5 years in prison or both for anyone convicted of knowingly making false statements, representation, or certification in any application, record, report, plan or other document filed or required to be maintained by the ACT.

29. Section 110 ( Con’t )  110(g) - Miners can be fined $275 personally for violating smoking related standards.  110(h) - Up to $250k or 5 years in prison or both for anyone convicted of knowingly misrepresenting equipment, components or accessories as being in compliance.

30. Violations Reviewed For Possible 110 Action  107(a) order with 104(a) citation & high negligence  104(d) citations/orders with S&S and high negligence  Operator working against an order  District manager prerogative The district manager has authority to open an investigation into anything he deems necessary. The district manager has authority to open an investigation into anything he deems necessary.

31. Special Investigation  If a determination is made to investigate a violation, a case number will be assigned and it will be assigned to a special investigator.  The investigator will conduct thorough interviews with employees and members of management to determine if there has been a violation of sections 110(c), 110(d), 110(e) or 110(f).

32. SECTION 115  30 CFR Parts 46 and 48 training requirements  New Miner Training  Experienced Miner Training  Annual Refresher Training  Task Training  Site Specific Hazard Training

33. Events That Require Immediate Notification to MSHA  A death of an individual at a mine  An injury to an individual at a mine which has a reasonable potential to cause death  An entrapment of an individual for more than 30 minutes  An unplanned mine inundation by a liquid or gas

34. Events That Require Immediate Notification to MSHA  An unplanned ignition or explosion of dust or gas  An unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use; or a roof or rib fall on active workings that impairs ventilation or impedes passage

35. Events That Require Immediate Notification to MSHA  A coal or rock outburst that causes withdrawal of miners or which disrupts regular mining activity for more than one hour  Damage to hoisting equipment in a shaft or slope which endangers an individual or which interferes with use of the equipment for mire than 30 minutes

36. Events That Require Immediate Notification to MSHA  An unplanned mine fire not extinguished within 30 minutes of discovery  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: or, failure of an impoundment, refuse pile, or culm bank

37. Events That Require Immediate Notification to MSHA  An event at a mine which causes death or bodily injury to an individual not at the mine at the time the event occurs

38. Good Supervisory Practices  Evaluate workplace conditions Firmly & fairly enforce company, state and federal regulations. Firmly & fairly enforce company, state and federal regulations. Recognize and take action to correct all unsafe conditions and practices. Recognize and take action to correct all unsafe conditions and practices.

39. Good Supervisory Practices (con’t) Assign a competent person to conduct workplace examinations to identify and correct hazards Assign a competent person to conduct workplace examinations to identify and correct hazards Verify the examinations are being done properly. Verify the examinations are being done properly. Openly listen to concerns of employees with appropriate follow-up and feedback. Openly listen to concerns of employees with appropriate follow-up and feedback.

40. Supervisory Practices (con’t)  Regularly hold safety meetings (toolbox) with crew. Encourage miner participation with feedback Encourage miner participation with feedback  Regularly observe work practices of all miners and correct unsafe behavior with coaching and/or discipline.

41. Supervisory Practices (con’t)  Pre-operational checks are conducted of equipment. Ensure defects are corrected. Ensure defects are corrected. Ensure hazardous equipment is taken out of service and placed in designated area or tagged out. Ensure hazardous equipment is taken out of service and placed in designated area or tagged out. Record any defect that cannot be corrected immediately. Record any defect that cannot be corrected immediately.

42. The More Informed You Are...  The more you understand the Mine Act, the safety and health regulations, and the intent and purpose of them, the better equipped you will be to train employees, prevent accidents, and to take care of hazards before an inspector observes them and issues citations. This will help you become better supervisors and managers.

43. Congress Declared  First priority of the mining industry is the health and safety of the miner.  There is an urgent need to improve mining conditions.  Mandatory standards be established requiring mine operators and miners to comply.  Eliminate serious injury and death in the mining industry.