HAND TOOLS - Accidents related to non-powered tools when being used as hand tools. 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". compliance with MSHA regulations; The road is used exclusively to provide access to the The notification shall include the mine name, location, the company name, mailing address, person in charge, and whether operations will be continuous or intermittent. Recordkeeping. MSHA Safety Training Requirements at a Surface Mine. If material was set in motion by machinery, haulage equipment, or hand tools, or while material is being handled or disturbed, etc., charge the force that set the material in motion. A miner is a person, including any operator or supervisor, who works at a mine and who is engaged in mining operations. 103(a) Advance Notice In this case, where a representative of the miners or a miner gives notice of what he believes to be an imminent danger, the operator or his agent must be notified "forthwith." The accident may or may not be directly tied to any resulting injury. '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. For example, if a landowner has a loader and uses bank run material to fill potholes in a road, low places in the yard, etc., and no milling or processing is involved, except for the use of a scalping screen, the operation is a borrow pit. Included are all electric and air-powered tools and mining machinery such as drills, tuggers, slushers, draglines, power shovels, loading machines, compressors, etc. FALL OF ROOF OR BACK - Underground accidents which include falls while barring down or placing props; also pressure bumps and bursts. This is a last resort category. The inspector shall not perform any work at a mine. MSHA's policy for these mines is based on an average of one inspection every quarter for underground mines and an average of one inspection every six months for surface operations. an established mine are within the Act's scope. The characteristics of every surface mine depend upon the mine's location and the material being mined. Section 3(i) of the Act addresses jurisdiction over private or custom preparation plants and other related surface coal facilities not directly associated with a single mine or group of mines. However, there are physical characteristics common to most surface mines as a result of similarities in mining operations, types of materials being mined, and federal regulations. Credentials The accident must have been most directly caused by handling material. For mines which started operating in the middle of the fiscal year, fewer inspections are required. MSHA policy regarding independent contractors is set forth in this Manual in Volume III, Parts 45 and 50. 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. Thus, if earth is being extracted from a pit and is used as fill material in basically the same form as it is extracted, the operation is considered to be a "borrow pit." Included are exploding gasoline vapors, space heaters, or furnaces. a year for underground mines and a minimum of two inspections a year for surface mines. No milling is involved, except for the use of a scalping screen to remove large rocks, wood and trash. No less than two inspection personnel should be sent to the mine property at this time. Special investigator (SI) credentials will be issued by the Assistant Secretary for MSHA to those persons who have completed the specified investigator training. Investigative activities include: 1. 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. However, the Act does provide miners the right to designate a representative or representative to act in their behalf in certain aspects of enforcement activities. MSHA requires that every injury and illness must be reported to MSHA. 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. NON-POWERED HAULAGE - Accidents related to motion of non-powered haulage equipment. I.3-5 Jurisdiction Over Coal Preparation whether federal, state, county, or other, are included within the The Technical Compliance and Investigation Divisions (TCID) are responsible for overall administration and management of the special investigations program. District managers should contact headquarters regarding any questionable operations before final determinations are made. STEPPING OR KNEELING ON OBJECT - Accidents are classified in this category only where the object stepped or kneeled on contributed most directly to the accident. Since the passage of the Mine Act, MSHA has pushed to expand their jurisdiction as far as possible, stretching the definition of what constitutes a "mine" under the Mine Act. The inspector's authorization shall be available during inspections and investigations. IGNITION OR EXPLOSION OF GAS OR DUST - Accidents resulting as a consequence of the ignition or explosion of gas or dust. Authority to Inspect - Authorization for Representatives In addition, whether the scalping is located where the material is dug, or whether the user of the material from the pit is the owner of the pit or a purchaser of the material from the pit, does not change the character of the operation, as long as it meets the other criteria. Safety Training Videos MSHA has a library of training videos on safety topics ranging from conveyor safety to fall protection. (o) We or us means the Mine Safety and Health Administration (MSHA). MSHA states it initially believed that definition provided a means for the “automatic inclusion” of new technology. MSHA policy requires the inspector to leave the scene where a confrontation appears to be developing into a situation where an apparent violation of Section 1114 or 111 is about to occur. 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. . Inspectors 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. In January 1991, . Improper use or failure to safeguard SI credentials may result in disciplinary action. Section 111 of Title 18 of the United States Code makes it a federal crime to forcibly assault, resist, oppose, impede, intimidate or interfere with any person designated in Section 1114 of Title 18 while such person is engaged in, or on account of, the performance of his/her official duties. Since pressure bumps and bursts which cause accidents are infrequent, they are not given a separate category. this Manual in Volume III, Parts 45 and 50. I.103-4 Respirable Dust and Noise Sampling The laws and regulations of each agency are different. MSHA reviews and tests the operator's respirable dust control plan by taking samples in accordance with MSHA’s Health Inspection Procedures Handbook. I.3-1 Definitions of "Operator" and In these operations, both milling and manufacturing occur. MSHA has jurisdiction over operations whose purpose is to extract or to produce a mineral. The scalping screen can be either portable or stationary and is used to remove large rocks, wood, and trash. If a car dropper suffers an injury as a result of falling from a moving car, charge the accident to haulage. It is important to note that even in cases where direct enforcement activities are involved, it may be necessary to make some type of arrangement with personnel at the mine when certain preparations are essential to carry out enforcement activities. Regulations governing 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. Section 103(a) of the Act requires a minimum of four inspections English Wikipedia - The Free Encyclopedia . If it is necessary to interrupt an inspection for any cause, the inspector is permitted to inform the operator that the inspection is interrupted and will be resumed at the discretion of the inspector. I.103-3 Performance of Work Other Than Inspections and Also the failure of an impoundment, refuse pile, or culm bank. include independent contractors. The mine operator or contractor must complete the certificate with the name of the mine operator or contractor, MSHA ID number, mine or contractor specific information entered in the blank spaces provided with name of competent person(s), time, date of training, etc. Investigation of discrimination complaints; 7. I.4-1 MSHA/OSHA Interagency MSHA stands for the Mine Safety and Health Administration. In all cases where there is a representative of miners, when notice of either enforcement or investigative activities is given, it will be given to representatives of both the operator and the miners. I.103-1 Assaulting, Intimidating or Impeding An inspector may sign a check-in and check-out book located at the mine, provided that it does not involve release of liability. I.3-4 Jurisdiction Over Coal Loading related milling operations within that definition. I.103-2 Company Release Forms 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 … If it is an imminent danger complaint, an inspector and a supervisor should again attempt to conduct the inspection. Explanation of Material Transmitted This revised handbook was prepared to update MSHA’s coal mine impoundment inspection and plan review procedures for use by MSHA inspectors. The Act does not prohibit advance notice of investigative activities (activities which are not direct enforcement activities). 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. Remember that it is the accident we want to classify. 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. According to 30 CFR § 46.2 (d), MSHA’s Definition of a Competent Person is: A person designated by the production-operator or independent contractor who has the ability, training, knowledge, or experience to provide training to miners in his or her area of expertise. 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