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MSHA's new rules

FIFTEEN months after first announcing proposed changes, the US Mine Safety and Health Administration will this week publish its final rule amending requirements for underground coal mine examinations which will place more responsibility on mines for finding hazards.

Donna Schmidt
MSHA's new rules

Changes to Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards will be published in the Federal Register on Friday, giving mandated responsibility to operators to identify and correct hazardous conditions and violations of the nine health and safety standards the agency says pose the greatest risk to miners.

The standards, some of which involve conditions which led to the Upper Big Branch mine explosion in April 2010, include ventilation, methane, roof control, combustible materials, rock dust and equipment guarding.

MSHA said all nine reflected the standards it spotlighted in its Rules to Live By initiative.

Also, according to MSHA statistics, violations regarding accumulations of combustible materials, ventilation and roof control plans and maintenance of incombustible content of rock dust were the top 10 cited safety standards year after year and accounted for about 40% of all underground coal violations in 2010, the last full year for which data was available.

 

“Many of the same types of violations of mandatory health and safety standards are repeatedly found by MSHA inspectors in underground coal mines,” MSHA Assistant Secretary of Labor Joseph Main said.

Under the new regulations, operators must examine for hazardous conditions as well as record any corrective actions taken during pre-shift, supplemental, on-shift and weekly examinations.

On a quarterly basis, they must review with mine examiners any citations and orders issued in areas of the mine where pre-shift, supplemental, on-shift and weekly examinations are required.

Mines were currently required by law to conduct the examinations but federal officials said the final rule would ensure the exams were “maximally effective in preventing injuries and fatalities” by mandating that all operations examined and fixed violations standards representing the greatest risk on their own.

“It is critically important for mine operators to take ownership of health and safety,” Main said.

“By expanding the existing requirement … a number of fatalities and injuries may be prevented.”

 

He said the new regulations now placed coal operators in a proactive rather than a reactive role and rectified any issues before they presented a danger to workers.

MSHA cited approximately 173,000 violations in 2010 – 80,000 of which were attributable to underground coal mines.

Coal operations make up just 4% of all of the active mines in the US.

The rule was initially proposed on December 27, 2010.

Five public hearings were held in June and July 2011 and the agency twice extended open comment periods to solicit input from the industry.

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