1. Supervisory Training includes Surface Certification Training as required by MSHA CFR 30 Part

2. Supervisors
Do you stop and correct every unsafe act or unsafe condition? If not, you’re telling the worker it is okay to work unsafe?
If they get hurt because you walked past the unsafe situation….who is at fault?
YOU ARE

3. The Supervisor’s Role
In your work area, YOU must ensure your workers are safe.
YOU must integrate safety into every activity of your work group.
AND, as an agent of the company, YOU must ensure ALL workers are safe.
Be proactive rather than reactive!

4. The Supervisor’s Role MSHA says, YOU are the Responsible Party
In a nutshell, YOU carry out your safety roles by setting the example.
YOU must take the initiative to maintain a safe and healthy work place for all workers.
YOU do this by creating and fostering a strong safety culture within your work group.
But understand it doesn’t end here…

5. Supervisors Shall: Communicate with workers regarding safety
Ensure they understand through repeat dialogue
Eliminate or minimize potential for injury
Stop work if continuing would pose imminent danger.
Ensure proper safety equipment is available, and require employees to use it.
Encourage prompt reporting of health and safety issues.
You must act on those safety issues

6. History of MSHA
1891 – Mine law established ventilation requirements and prohibited children under 12
1910 – Coal mine fatalities exceeded 2,000 annually
Bureau of Mines established
Research only
No inspection authority
1941 – Empowered federal inspectors
1966 – Federal Coal Mine Safety Act
Applied only to certain underground mines until 1966
Assessment of penalties
1969 –Federal Coal Mine Health and Safety Act
More stringent
Included surface mines for first time
2 annual inspections required for surface (4 for underground)
Federal enforcement powers strengthened
Health standards adopted
Compensation for disabled “black lung” miners

7. 1973 – Mine Enforcement and Safety Administation (MESA)
History of MSHA
1973 – Mine Enforcement and Safety Administation (MESA)
Separated Bureau of Mines from mine enforcement
1977 – Federal Mine Safety and Health Act
Consolidated all the health & safety regulations for the mining industry
Consolidated coal and non-coal mines
Expanded rights of miners
Protected miners from retaliation
Transferred from Dept. of Interior to Dept. of Labor
Agency renamed to MSHA
Fatalities dropped form 272 to 86 in 2000

8. MSHA 101
Citations and Orders are the primary tool through which MSHA enforces the requirements of the Mine Act and the regulatory requirements set out in 30 C.F.R.

9. Types of MSHA Citations
Non-S and S
S and S
Orders
Personal Fines for Individual Miners (underground mines only – smoking)
Personal Fines for Supervisors

10. Non-Significant and Substantial (Non-S & S)
104 (a) Health or Safety Violations
Minor infractions
You must correct the hazard
Minimum fine - $112 (up from $60)
Generally ‘terminated’ same or next business day

11. Significant and Substantial (S & S)
Serious Health or Safety Violations
Must be addressed immediately
Fines run into the thousands
May take several days to correct
If not ‘terminated’ by ‘close-out’… it will require another MSHA visit

12. S&S determinations are based on Gravity
Based on two criteria:
If 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?
For a citation to be S&S, an injury must be reasonably likely to occur AND result in lost workdays or restricted duty.

13. Orders 103 (k) Safety Order 103 (g) Hazardous Complaint
104 (b) Failure to Abate
104 (d) Serious Danger/Health Threat
104 (e) Pattern of Violations
104 (g) Untrained Miners
107 (a) Imminent Danger

14. Orders 103 (k) Safety Order Restricts access after an accident
Preserves the scene pending an MSHA investigation
Need approval prior to entry for recovery of persons or product, etc.
No penalty

15. Orders 103 (g) Hazardous Complaint
Complaint filed/reported by a miner or miner’s representative of a violation or imminent danger (in writing)
Requires MSHA to conduct an immediate inspection – Operator gets copy of complaint
MSHA notifies reporting party of it’s findings
May result in citation/order being written

16. Orders 104 (b) Failure to Correct Violation Non-Compliance order
Personnel immediately withdrawn/or prohibited from entry
Increases the cost of the original fine
Withdrawn employees receive full pay

17. Orders 104 (d) Unwarrantable Failure First violation = Citation
Similar violations = Order (D-series)
-A violation, even non-S&S (written within 90 days of first one)
-If mine goes next full inspection without an unwarrantable – it is off the D-series and 90-day rule does not apply
Fines up to $220,000 each

18. Orders 104 (e) Pattern of Violations
MSHA’s least-used, but most-feared tool
MSHA can issue notice of POV to any operator having a pattern of S&S violations.
MSHA Screening looks for ‘habitual violators’.
After the notice MSHA is required to issue withdrawal orders for every S&S citation
Last chance notice and District Manager review gives an operator the chance to avoid enforcement action
Generally results in on-going reviews but could lead to forced closure of the mine operation

19. Orders 104 (g) Training Violation No MSHA Training (Part 46/48)
Annual Training Expired
No Task Training
No Site Specific Training
Withdrawal until trained
Must compensate withdrawn miners

20. Orders 107 (a) Imminent Danger Order
Conditions deemed too hazardous to continue operations due to the possibility of a serious injury
Requires immediate withdrawal from affected area until hazard has been addressed.

21. The MSHA act: Section 110
...the Act allows MSHA to impose civil and criminal penalties on both the company and AGENTS of the mine.
Supervisors and Safety Representatives are AGENTS and can be held responsible, face monetary fines, criminal charges and even jail time.

22. The MSHA act: Section 110
110(c) - Corporate agent assessed civil penalty for knowing or have reason to know violations.
110(d) - Any operator agent who willfully violates and is convicted (criminally) can be assessed up to $250k, 1 year jail time or both.
Fines for second offenses run up to $500K

23. MSHA must show a preponderance of evidence existed.
The MSHA act: Section 110
‘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.

24. The MSHA act: Section 110 ‘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.

25. Read Supervisor Accountability articles
The MSHA act: Section 110
110(f) - Up to $250k, 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.
Read Supervisor Accountability articles

26. Citations a concern?
If we are doing our jobs, the number of citations should be minimal
Don’t do things just because an MSHA inspector is on site
Work safely and enforce the rules because it is the right thing to do!
MSHA regulations are minimum requirements
Our Safety Handbook can be enforced by MSHA
We must do all we can to ensure worker safety!

27. MINE LAW NEW SUPERVISOR Pass out Part 77 booklet
Have individual find and read which is the reason for the class
Go through and read selected Part 77 topics
On Shift Examinations
Def. of Active area
Emphasis on pits - highwall & spoil slides
Example of On-Shift form
List of example items on back of form
Do not falsify (back date records or sign for someone else)
As a rep. of the company, you are obligated to follow-through on safety issues you found or brought to your attention.

28. MINE LAW Discuss most frequently cited standards
Discuss fatalities for this year
Dealing with the MSHA Inspector
Be Honest and up front
Don’t try to hide or deceive
Act promptly on items pointed out
Prevention is the key before he arrives on property
Part 77 Review
Discuss answers as group

29. The five worst coal mine disasters, since 1940: YEAR DAY MINE LOCATION
TYPE
DEATHS
1968
11/20
Consol No. 9
Farmington, West Virginia
Explosion 78
1951
12/21
Orient No. 2
West Frankfort, Illinois
119
1947
03/25
Centralia No. 5
Centralia, Illinois
111
1940
03/16
Willow Grove No. 10
St. Clairsville, Ohio 72
01/10
Pond Creek No. 1
Bartley, West Virginia 91

30. Monongah, West Virginia
The three worst coal mine disasters in U.S. history:
YEAR
DAY
MINE
LOCATION
TYPE
DEATHS
1913
10/22
Stag Canon No. 2
Dawson,
New Mexico
Explosion
263
1909
11/13
Cherry Mine
Cherry, Illinois
Fire
259
1907
12/06
Monongah Nos. 6 and 8
Monongah, West Virginia
362

31. Injury Notification Emergency Procedures (Red sheet)
Emergency Disaster and Evacuation Plan (pass out copies)
Rescue video for Draglines (in process)
MSHA’s 15-minute notification (emphasize) (issue new cards)
Follow-up with employees who asks to be off due to an injury
Did the injury or illness occur on the job?
Employees need to come in to complete paperwork in order for Workers Comp to verify any doctor or hospital visits
Key is to get Safety rep involved early on for support

32. SIS (Safety Information System) Logon screen

33. SIS Main Menu

34. Investigate all incidents
All injuries,
All equipment damage and
All near miss incidents
shall be investigated

35. Goals of an investigation
Uncover the facts
What, when, where, why, who and how
Make necessary notifications
Develop action plan to address root cause
Assign responsibilities
Implement the preventive measures
And from other investigations
Share the information company-wide

36. Conducting an investigation
Care for the injured
Verify the scene is safe before entry
Notify manager and safety rep.
Preserve the scene
Take photos of the scene
Conduct preliminary fact gathering

37. Conducting an investigation
Preliminary fact gathering
Separate immediately and obtain written statements from witnesses
Interview witnesses and those directly involved - separately
Interview the injured as soon as practical
Make necessary notifications

38. Conducting an investigation
For serious injuries/incidents
Secure the scene
Flag off against ALL entry including yourself
Could be a crime scene (CSI)
Notify authorities
Do not disturb scene until released by Safety Dept and MSHA rep

39. First Aid Instruction Changes in the CPR guidelines
More details in upcoming Annual Refresher
Signs of Heart Attack
AED - Locations
Signs of Stroke
Choking
# 1 President’s Life Saving recognition
Blood Borne pathogen program
Emergency O2 Unit
Pre-set with face mask
Use on anyone
Located in Operations Foreman’s office
First Aid Review (handout & discuss as a group)

40. Fire Pre-Plan Contacting Risk Management
Dust Suppression down for more than a full shift
Major fires

41. Radiation Awareness A2 Crusher – A-belt Show DVD (new supv)
Emergency Procedures
Posted inside A2 crusher control room door

42. Methane Spotter and Combustible Analyzer
Hands-on practice (new supv)
Discuss Methane / Oxygen Qualification test

43. Task Training Filling out the Task Training 5000-23 form
Supv. does NOT have to sign unless he or she was the instructor
Supv. SHALL ensure information on the form is filled out correctly
Task Training Guideline must accompany each (if guideline is available) or it will be sent back

44. Access to Task Training Guidelines
through web site

46. MATERIAL SAFETY DATA SHEETS
Online through the Corporate Safety Web Page
Must be made available to the employee if requested

51. Contractors Blue Card Red Card Mine Specific Training Video
(Delivery & Pickup only)
Red Card
(upon verification of training)
Mine Specific Training Video

52. Behavioral Safety Process (BST)
Tool to help you in your job
To be effective it must be positively reinforced by you
Data proves that the crews and groups that have the least number of observations have the most injuries

53. Fill out Form
Write in Surface Certification at top, check “Other” and write in Methane Detection & Oxygen Deficiency, and check First Aid (write in 1 hour).
Contact Inspector to give CH4 & O2 test
Transfer information to MSHA’s Electronic System
Notify foreman and manager once approved in system
Make copy of cards for file once received and give cards to foreman
File copy of this outline with in foreman’s file

54. CLOSING
What ideas do you have to make this training more useful and interesting?
What tools do you need to help you with your job?
Send me an of ideas, please.