CONTRACTORS RESPONSIBILITY OF CFR 30 PART 45 David Hamm, CMSP Authorized Representative, Secretary of Labor Mine Safety and Health Administration MESA FIELD OFFICE

DEFINITIONSDEFINITIONS INDEPENDENT CONTRACTOR MEANS ANY PERSON, PARTNERSHIP, CORPORATION, FIRM, ASSOCIATION OR OTHER ORGANIZATION THAT CONTRACTS TO PERFORM SERVICES OR CONSTRUCTION AT A MINE

PRODUCTION-OPERATORPRODUCTION-OPERATOR ANY OWNER, LESSEE, OR OTHER PERSON WHO OPERATES, CONTROLS OR SUPERVISES A COAL OR OTHER MINE.

Federal Mine Safety & Health Review Commission test to help identify a contractor A two prong test conducted by FMSHRC The Commission has found a contractor's activity to be sufficiently related to the extraction process where its employees are exposed to mining hazards and have "a direct effect on the safety of others.” Spend at least six days at the mine during a 2 ½ month period, and his contracts could be expected to continue.

As a contractor what do I need to Identify myself with MSHA ? Independent Contractors are not required to file a legal identity report with MSHA. Any independent contractor that request an identification number will receive one from MSHA. However, unless cited for a violation, only those independent contractors performing work at mine sites, or with contracts to perform at a mine (s) any of the nine types of services or construction listed next, are required by MSHA to have identification numbers.

9 TYPES OF SERVICES REQUIRING I.D. NUMBERS MINE DEVELOPMENT, INCLUDING SHAFT AND SLOPE SINKING CONSTRUCTION OR RECONSTRUCTION OF MINE FACILITIES; INCLUDING BUILDING OR REBUILDING PREPARATION PLANTS, MINING EQUIPMENT AND ADDITIONS TO EXISTING FACILITIES

Services, cont Services, cont DEMOLITION OF MINE FACILITIES EXCAVATION OR EARTH MOVING ACTIVITIES INVOLVING MOBILE EQUIPMENT CONSTRUCTION OF DAMS EQUIPMENT INSTALLATION, SUCH AS CRUSHERS AND MILLS

Services, cont EQUIPMENT SERVICE OR REPAIR OF EQUIPMENT ON MINE PROPERTY FOR A PERIOD EXCEEDING FIVE (5) CONSECUTIVE DAYS AT A PARTICULAR MINE DRILLING AND BLASTING

Services, cont MATERIAL HANDLING WITHIN MINE PROPERTY; INCLUDING HAULAGE OF COAL, ORE, REFUSE, ETC., UNLESS FOR THE SOLE PURPOSE OF DIRECT REMOVAL FROM OR DELIVERY TO MINE PROPERTY

Contractors ID. TO OBTAIN AN I.D. NUMBER THE CONTRACTOR MUST SUBMIT IN WRITING THE FOLLOWING INFORMATION TO THE MSHA DISTRICT MANAGER.

TRADE NAME AND BUSINESS ADDRESS ADDRESS OF RECORD FOR SERVICE OF DOCUMENTS TELEPHONE NUMBER FOR CONTACT DURING REGULAR BUSINESS HOURS ESTIMATED ANNUAL HOURS WORKED ON MINE PROPERTY IN THE PREVIOUS CALENDAR YEAR BY THE CONTRACTOR Contractor ID, cont

REGISTER OF CONTRACTORS EACH CONTRACTOR SHALL PROVIDE THE PRODUCTION- OPERATOR IN WRITING THE FOLLOWING INFORMATION CONTRACTOR’S TRADE NAME BUSINESS ADDRESS AND TELEPHONE NUMBER

Register of Contactor, cont DESCRIPTION OF THE NATURE OF WORK TO BE PERFORMED BY THE CONTRACTOR AND WHERE AT THE MINE THE WORK IS TO BE PERFORMED MSHA 3 or 4 DIGIT I.D. NUMBER IF ANY CONTRACTORS ADDRESS FOR SERVICE OF CITATIONS AND OTHER DOCUMENTS

Register of Contractor, cont EACH PRODUCTION-OPERATOR SHALL MAINTAIN IN WRITING A LIST OF EACH CONTRACTOR THAT IS WORKING ON HIS PROPERTY. MUST BE MADE AVAILABLE TO ANY AUTHORIZED REPRESENTATIVE OF THE SECRETARY UPON REQUEST

Let there be no confusion on compliance and ID numbers MSHA identification numbers have no effect on the compliance responsibility of either the mine operator or the independent contractor. Mine operators have compliance responsibility for all activities at the mine, regardless of whether or not the independent contractor in question has an MSHA identification number. The mine operator’s overall compliance responsibility includes assuring each independent contractor’s compliance with the Act and with MSHA’s standards and regulations, regardless of whether or not they have a MSHA identification number

Overlapping Compliance Situations There may be circumstances in which it is appropriate to issue citations or orders to both the independent contractor and to the production operator for a violation. Enforcement action against a production operator for a violation (s) involving an independent contractor is normally appropriate in any of the following situations;

Overlapping cont When the production-operator has contributed by either an act or by omission to the occurrence of a violation in the course of an independent contractor’s work When the production-operator has contributed by either an act or omission to the continued existence of a violation committed by an independent contractor When the production-operator’s miners are exposed to a hazard (s) When the production-operator has control over the condition that needs abatement. In addition, the production- operator may be required to assure continued compliance with standards and regulations applicable to an independent contractor at the mine.

Additional Responsibilities of Contractors TRAINING OF THEIR EMPLOYEES UNDER 30 CFR PART 46 and 48 Contractors are required to train all of their employees. Contractors can adapt the operators plan or have there own Contractors with MSHA ID are required to have Comprehensive Training ( new miner training, experienced miner training, task training, and annual refresher training and hazard training) Contractors required to provide training are also required to promptly produce training records to show the training has been provided. Untrained independent contractors will be withdrawn from the mine property until the training has been completed.

Part 50, reporting Independent contractors working at mines listed in the nine types of services or construction must report accidents, injuries and illnesses under 30 CFR In addition, these independent contractors must maintain records of such reports under 30 CFR And they must file quarterly man hour reports under 30 CFR Without regard to the type of work being performed, all independent contractors are required to comply with notification, investigation and preservation of evidence requirements of 30 CFR 50.10, 50.11, and respectfully, and they are required to comply with 30 CFR regarding verification of reports.

Part 50 Reporting ONE CALL DOES IT ALL! Mine operators are required to immediately call MSHA's toll-free number at to notify MSHA of an immediately reportable accident. This single toll-free phone call is required by the Emergency Mine Evacuation Final Rule published in the Federal Register on December 8, 2006, and is the only call that mine operators will need to make to notify MSHA. Mine operators must call immediately, but no later than 15 minutes from the time they know or should know that an accident has occurred.

Part 50 reporting, cont Immediately Reportable Accidents and Injuries are (within 15 minutes of discovery) : Death Injury which has reasonable potential to cause death Entrapment for more then thirty minutes Unplanned inundation of mine by liquid or gas Unplanned ignition or explosion or gas or dust Unplanned mine fire not extinguished in 30 minutes Unplanned ignition of a blasting agent or an explosive Unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use; or, an unplanned roof or rib fall in active workings that impairs ventilation or impedes passage. A coal or rock outburst that causes withdrawal of miners or which disrupts regular mining activity for more then one hour An unstable condition at an impoundment, refuse pile, or culm bank which requires emergency action to prevent failure, or which causes individuals to evacuate an area; or failure of an impoundment, refuse pile, or culm bank

Part 50 reporting, cont Damage to hoisting equipment in a shaft or slope which endangers an individual or which interferes with the use of the equipment for more than thirty minutes An event at a mine which causes death or bodily injury to an individual not at the mine at the time the event occurs Under the “Miner Act” of 2006, immediate notification means within fifteen minutes of discovery of the reportable occurrence. Fines for not reporting within the 15 minute time frame may be up to $60,000 per violation

Site-specific Hazard Awareness Training A mine operator must provide site-specific hazard awareness training before any person specified under CFR is exposed to mine hazards. Office or staff personnel Scientific workers Delivery workers Customers, including over the road truck drivers Construction workers or employees on independent contractors who are not miners under 46.2 Maintenance or service workers who do not work at the mine site for frequent or extended periods Vendors and or visitors The training is good for one year from the time it was issued unless new hazards exists or some change affecting safety has occurred

In conclusion I will be happy to answer any questions or meet with you later to discuss any concerns and or research any additional information you may need. Thank you for you attention and time