Federal Safety

MSHA has issued its first Procedure Instruction Letter (PIL) for coal mines of 2011.  The letter applies to Coal Mine Safety and Health District Managers, coal mine enforcement personnel and Technical Support (TS) personnel.  The PIL provides “guidance for district personnel on when to send roof control plans and amendments to TS for further review. Roof control plans and amendments meeting certain criteria should be forwarded to TS for additional analysis.”

From: Safety.BLR.com

The Mine Safety and Health Administration (MSHA) is proposing to revise its requirements for preshift, supplemental, on-shift, and weekly examinations. The proposed rule on Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards would require mine operators to take responsibility for conducting complete workplace examinations. They would also have oversight for correcting violations and quarterly reviews with mine examiners of all citations and orders issued in areas where these four categories of examinations are required.

MSHA is issuing a Federal Register notice  extending the comment period on their proposed rule “Lowering Miners’ Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors” until May 2, 2011.  The rule was proposed on October 19, 2010. 

In the extension notice, the agency clarifies an issue regarding the time frame for data review.  MSHA notes that a ” commenter at the first public hearing suggested that the timeframe for miners’ review of the Continuous Personal Dust Monitor (CPDM) Performance Plan be expanded.”  The agency explains that “In the proposal, MSHA did not intend to change the existing timeframe and process and stated that the proposed rule is consistent with ventilation plan requirements and would allow miners’ representatives the opportunity to meaningfully participate in the process.”

From: Metro News (WV)

Federal Mine Safety and Health Administration Director Joe Main says too many coal miners die or are injured from underground equipment.

In an effort to reduce the number of casualties connected to equipment failure, MSHA has proposed what is being called the proximity rule.

Main says the issue can no longer be ignored.

“When you look at the number of deaths that have occurred regarding miners being crushed in these underground mines, and you look at the number of miners that have perished this year in those accidents, I think it’s time to act,” Main said.

Editor’s Note:  OMB Watch is a well known pro-regulatory NGO.  The following is there discussion of key planned MSHA regulatory actions in the current year.

The Mine Safety and Health Administration (MSHA) says that it will publish in January new rules for its Pattern of Violations (POV) program. The program came under scrutiny in the wake of the April 2010 explosion at the Upper Big Branch mine in West Virginia that killed 29 miners. Although the Upper Big Branch mine operators and its owner, Massey Energy, had a clear history of safety and health violations, MSHA had been unable to place the mine on its POV list, a move that triggers increased oversight of a mine. Companies can avoid being listed in the program by appealing violations. MSHA has never placed a mine on the POV list in the program’s 32-year history.