1. Organization of 30 CFR The Mine Health and Safety Act A Look at General Provisions (Registration and Reporting) ©Feb 2003 Dr. Bradley C Paul

2. A Map of CFR Regulations Has Divided Structure – Particularly for Coal / Non-Coal –Have Sections that apply to all mines –Have Whole Sections that are all one or other Examples –Chapter G = Filing and Administrative Req. (all Mines) –Chapter K= Metal and Non-Metal Mine Health and Safety –Chapter O= Coal Mine Health and Safety

3. CFR Operations Regs Coal MinesMetal-Non MetalQuarry/Gravel Chapter G Filing and Admin. Req. Part 40 Representative of the Miners Part 41 Notification of Legal Identity Part 42 National Mine Health and Safety Academy Part 43 Processing Hazardous Conditions Complaints Part 44 Modification of Mandatory Safety Standards Part 45 Independent Contractors Chapter I Accident Injury Reporting Part 50 Notification, investigation, reports and records of accidents, injuries, illnesses, employment, and coal production in mines

4. Miners Right to Complain Law provides for miners to turn in unsafe conditions and work practices –Part 40 Provides for Miners to have a Representative Representative is formally identified to MSHA Individual names must be clearly posted at the mine May be different representatives for different sections of the law Not just a Union thing Ultimately any miner can turn in an unsafe condition or practice

5. Complaint Procedure Miners Representative or individual miner may complain –MSHA takes phone or other tips but the law does not require MSHA to take an action –When complaint is turned in in writing the Part 43 procedure is activated MSHA must review the complaint to determine if a special inspection is needed –Presumption is for special inspection –Can be laid aside for regular rounds if not serious –Can be disregarded if mine has been inspected since the incident

6. Special Inspections Miners Rep should accompany the inspector on the review –All findings and actions must be reported to the miners rep or complaining individual If Miners not satisfied can appeal to the District level for review

7. Avoiding Retaliation Written reports have identity concealed from mine operator Discrimination against squeelers is another violation of the act subject to addition fines Abuse does happen –Individuals use this to retaliate against company –May do it to try to get special protection from firing or review

8. Reporting and Registration Part 41 Regs require all mines to report their operations to MSHA –Name and Address of Mine –Fed Mine Identification # Implies must have one –Name, address of individual in charge of health and safety Implies the mine will have a safety officer –The person with over-all health and safety responsibility (ie person in charge of mine) –Parent companies or other mines in which the entity has more than a 20% interest

9. Part 50 Reporting Law requires MSHA to maintain accident rates –Operators must report tonnage/ hours worked –Operators must report accidents –Operators must investigate and maintain scenes so that MSHA can investigate –(obviously some of this data is driving the fines sections as well)

10. Notification Responsibilities Must immediately notify MSHA of an accident –MSHA will indicate whether they want to investigate (will act within 24 hours if they investigate) Must preserve the scene if MSHA is going to investigate Operator must prepare and file their own accident report (not just copy MSHA’s)

11. Operator Reports 1) The date and hour of occurrence; (2) The date the investigation began; (3) The names of individuals participating in the investigation; (4) A description of the site; (5) An explanation of the accident or injury, including a description of any equipment involved and relevant events before and after the occurrence, and any explanation of the cause of any injury, the cause of any accident or cause of any other event which caused an injury; (6) The name, occupation, and experience of any miner involved; (7) A sketch, where pertinent, including dimensions depicting the occurrence; (8) A description of steps taken to prevent a similar ocurrence in the future; and (9) Identification of any report submitted under §50.20 of this part.

12. MSHA 7000 Reports In addition to investigation the Operator fills out the 7000 series report Obviously an accident is a hassle –People do try to play with definition of accident to avoid reporting and other consequences –Clearly illegal –Some non-union operations try to be original in assigning other work

13. What Constitutes an Accident MSHA form 7000-1 B has accident codes –01 Someone is Dead –02 Individual might well die –03 Individual is trapped more than 30 minutes –04 Mine flooded with liquid or gas –05 Unplanned Ignition of Dust or Gas –06 Mine fire not put out within 30 minutes of discovery –07 Unplanned ignition of blasting agent or explosive –08 Roof fall above the anchorage zone for roof bolts –09 Outburst that causes withdrawl of miners or stops work for more than 1 hour –10 Impoundment instability causing failure or requiring emergency repair or evacuation –11 Damage to slope or hoisting equipment that endangers a person or causes more than 30 minutes of lost use –12 An event causing death to someone off the mine property

14. Occupational Diseases Must be Reported Code 21 Occupational skin disease –Rash, acne, eczema, chemical burns (chemical or poisonous plant contact) Ie quarry worker getting into poison ivy while surveying Code 22 Dust and Lung Disease Code 23 Respiratory conditions from contact with toxic agents Code 24 Poisoning (will get people pass out with black damp) Code 25 Disorders from physical agents (sunstroke – frostbite, welding flash, heat exhaustion Code 29 Any other occupational disease

15. Also Report Employment and Production Of course is a basis in fine structure Must make regular quarterly filings –Metal non-metal reports worker hours –Coal reports tonnage Have 15 days from end of a quarter

16. Independent Contractors (part 45) Company that actually operates mine on contract will be considered an operator Contractors perform services on mine property (construction, equipment repair, special services, shaft sinking) –Don’t need MSHA number to bid, but do need it to work on the site Have similar reporting and fines requirements Operator must collect basic information from their contractors –Should keep an eye on safety lest he be cited too