FIRE - In underground mines, an unplanned fire not extinguished within 10 minutes of discovery; in surface mines and surface areas of underground mines, an unplanned fire not extinguished within 30 minutes of discovery; HANDLING MATERIAL - (Lifting, pulling, pushing, shoveling material.) MSHA stands for the Mine Safety and Health Administration. The effect of Section B.6.b. Inspectors may provide safety and health educational assistance. The scalping screen can be either portable or stationary and is used to remove large rocks, wood, and trash. Clearance and direction must be obtained from the inspector's supervisor before notice is given for investigative activities. Do not include electric tools or air-powered tools. a year for underground mines and a minimum of two inspections a year for surface mines. If a mine has received an Attempted Inspection (Denial of Entry) event during the inspection period, no inspection is required for that period. Mine development, rehabilitation activities, and exploration work at an established mine are within the Act's scope. The definition of "miner" does not include scientific workers: delivery workers; customers (including commercial over-the-road truck drivers), vendors, or visitors. TCID has responsibility for the following sections of the Act: The special investigations program does not have responsibility for nor does it conduct internal investigations. 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. Where the assistant district manager is contacted, the assistant district manager must then immediately contact the district manager. Sections 3(h)(2) and 3(i) of the Act address coal loading facilities over which MSHA asserts jurisdiction. FALLING, ROLLING, OR SLIDING ROCK OR MATERIAL OF ANY KIND -Injuries caused directly by falling material require great care in classification. The mine may be either a surface or underground operation. Safety Training Videos MSHA has a library of training videos on safety topics ranging from conveyor safety to fall protection. MSHA is an agency in the Department of Labor and was created when Congress passed … I.103-1 Assaulting, Intimidating or Impeding
(US, mining) Acronym of Mine Safety and Health Administration. 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. Summary of MSHA Noise Guidelines. 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. I.103-5 Reporting and Investigating Blocked Passage
(MSHA inspects seasonal or intermittent mining operations less frequently). "Mine"
MSHA itself does not maintain records of the training, so it is up to the training recipient to maintain their training records. If a coal mine has an ongoing re-opening inspection under 303(x) of the Mine Act, the number of days from the start date to the end date of that inspection will be excluded from the calculation of the time available for a regular inspection. Also the failure of an impoundment, refuse pile, or culm bank. 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. Extraction occurs on a one-time basis or intermittently as need occurs, for use as fill materials by the extracting party in the form in which it is extracted. When any mine is closed, the person in … Underground mines in an inspectable status for 45 days or more in a quarter require an inspection, and surface operations in an inspectable status for 90 days or more in a six month period require an inspection. Inspections and investigations under the Federal Mine Safety and Health Act of 1977 shall be conducted only by persons who have been authorized by the Secretary to conduct such inspections or investigations. 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. MSHA reviews and tests the operator's respirable dust control plan by taking samples in accordance with MSHA’s Health Inspection Procedures Handbook. If a car dropper suffers an injury as a result of falling from a moving car, charge the accident to haulage. Noise samples will be collected one time per year on each active coal mine (surface/facilities and underground). 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. Improper use or failure to safeguard SI credentials may result in disciplinary action. If a roof fall results in an entrapment accident, the accident classification is �Entrapment. Investigations
EXPLODING VESSELS UNDER PRESSURE - These are accidents caused by explosion of air hoses, air tanks, hydraulic lines, hydraulic hoses, and other accidents precipitated by exploding vessels. and be dated and signed by the person responsible for training for the mine operator or contractor. jurisdiction of the Act. (n) Task means a work assignment or component of a job that requires specific job knowledge or experience. Also includes slips or falls while servicing or repairing equipment or machinery. The Training Path for a New Miner (or an Independent Contractor meeting the definition of a New Miner) will go something like this: Determine whether Part 46 or Part 48 is applicable. (For example, a borrow pit used to build a road or construct a surface facility on mine property is subject to MSHA jurisdiction.) Mine rescue teams compete in contests across the country to prepare themselves to operate effectively in a mine emergency. Consistent with Section 103(a) of the Act,
MSHA policy regarding independent contractors is set forth in
If the facility prepares coal according to any specifications for benefit of either the operator or the consumer, MSHA will inspect the facility. The inspector shall not perform any work at a mine. If an inspector encounters harassment or delays during a mine inspection, the inspector should attempt to complete the inspection without further provoking the operator. w w w . These facilities will be examined to determine the nature and purpose of the work that takes place there. Section 3(h)(1)(B) of the Act defines
Obtaining information for petitions for modifications, etc. The district manager will notify the Technical Compliance and Investigations Office (TCIO) for further instructions. Demonstrations of research or prototype equipment; and. Plants
Investigations of discrimination complaints and possible knowing and/or willful violations shall be conducted only by persons who have been authorized by the Secretary to conduct special investigations. 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." Include accidents that are caused by an energized or moving unit or failure of component parts. I.4-1 MSHA/OSHA Interagency
MSHA enforces requirements at over 13,000 mines in the United States, an… Facilities
§ 803(d). A miner is a person, including any operator or supervisor, who works at a mine and who is engaged in mining operations. 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. The Technical Compliance and Investigation Divisions (TCID) are responsible for overall administration and management of the special investigations program. Included are all electric and air-powered tools and mining machinery such as drills, tuggers, slushers, draglines, power shovels, loading machines, compressors, etc. If it is an imminent danger complaint, an inspector and a supervisor should again attempt to conduct the inspection. Section 3(h)(1) of the Act defines the
See Part 50 in Volume III of this Manual. Under this circumstance, a mineral may be processed and disposed of, and MSHA will not have jurisdiction since the company is not functioning for the purpose of producing a mineral. This includes accidents caused by improper blocking of equipment under repair or inspection. For mines which started operating in the middle of the fiscal year, fewer inspections are required. SI credentials will be carried at all times when conducting special investigations. MSHA requires that every injury and illness must be reported to MSHA. Agreement
include independent contractors. MACHINERY - Accidents that result from the action or motion of machinery or from failure of component parts. Miner: Any person who is engaged in mining operations (see definition below). Since pressure bumps and bursts which cause accidents are infrequent, they are not given a separate category. For example, where a rock was pushed over a highwall by a dozer and the rock hit another rock which struck and injured a worker - charge the accident to the dozer. If an inspector intends to include a routine second- or third-shift inspection, it might be necessary for him to designate a time and meeting place so that the representatives of the operator and miners can be given an opportunity to accompany the inspector. protectorates, or commonwealths, must be inspected. If the inspection is not the result of an imminent danger complaint, no inspection personnel should return to the mine without approval from headquarters. IGNITION OR EXPLOSION OF GAS OR DUST - Accidents resulting as a consequence of the ignition or explosion of gas or dust. I.103-3 Performance of Work Other Than Inspections and
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. If an accident, injury or illness occurs at or in conjunction with activity at a mine, mine operators and independent contractors are required to report the circumstances of the incident to MSHA … Under the Mine Act, MSHA is prohibited from giving advance notice of an inspection, and it is authorized to enter any mine without a warrant. MSHA policy regarding independent contractors is set forth in this Manual in Volume III, Parts 45 and 50. I.3-1 Definitions of "Operator" and
The definition of “accident” under the Mine Act was addressed by the Federal Mine Safety and Health Review Commission in Secretary of Labor (MSHA) v. Revelation Energy LLC last November. All types of
No less than two inspection personnel should be sent to the mine property at this time. HAND TOOLS - Accidents related to non-powered tools when being used as hand tools. As part of the Agency's accountability program, accountability reviews of the special investigations program will be conducted by the national office on a recurring basis. term "mine" and includes
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. ; 6. Once the plan is approved, inspectors measure the engineering parameters during each inspection to assure that all of the plan's elements are followed. Washington — The Mine Safety and Health Administration’s direct final rule concerning advances in electronic detonators in metal and nonmetal mines has gone into effect, the agency announced March 18. Mining Operations: mine development, drilling, blasting, extraction, milling, crushing, screening, or sizing of minerals at a mine; maintenance and repair of mining equipment; and associated haulage of materials within the mine from these activities. Advance notice may be given when a coal mine operator is afforded an opportunity to adjust respirable dust control measures and establish conditions that will prevail during a respirable dust technical inspection, which has a primary purpose of determining the adequacy of the operator's dust control plan as a basis for district manager approval or disapproval of that plan. Investigation of discrimination complaints; 7. 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. Technical assistance, including field certifications; 3. Secretary of Labor v. Mathies Coal … POWERED HAULAGE - Haulage includes motors and rail cars, conveyors, belt feeders, longwall conveyors, bucket elevators, vertical manlifts, self-loading scrapers or pans, shuttle cars, haulage trucks, front-end loaders, load-haul- dumps, forklifts, cherry pickers, mobile cranes if traveling with a load, etc. mine, or to other mines of the operator; The road provides an exclusive or a major means of
In January 1991, . 103(a)Authority to Conduct Special Investigations - SI
Section 103(a) of the Act authorizes MSHA to conduct special investigations as an integral part of the Agency's enforcement program. MSHA Coal Mine Impoundment Inspection And Plan Review Handbook PH-07-01 _____ 1. MSHA does not have jurisdiction where a mineral is extracted incidental to the primary purpose of the activity. Included are accidents involving wheelbarrows, manually pushed mine cars and trucks, etc. 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. EXPLOSIVES AND BREAKING AGENTS - Accidents involving the detonation of manufactured explosives, Airdox, or Cardox, that can cause flying debris, concussive forces, or fumes. Includes stepping in a hole. Afterwards, the inspector's supervisor should be contacted. FALL OF ROOF OR BACK - Underground accidents which include falls while barring down or placing props; also pressure bumps and bursts. However, notice of investigative activities shall only be given when there is a need for such notice. For intermittent surface mines, MSHA's policy requires one inspection a year. Wikipedia Dictionaries. The laws and regulations of each agency are different. Looking for online definition of MSHA or what MSHA stands for? development, rehabilitation activities, and exploration work at
mining, including placer, dredge, and hydraulic operations must
If Part 48, determine whether 24-hour (Surface) or 40-hour (Underground) New Miner Training is required. Msha Definition from Encyclopedia Dictionaries & Glossaries. In the event of an assault, intimidation, harassment, or the impeding of an inspection, the supervisor is responsible for collecting all the facts, reducing them to writing, and contacting the district or assistant district manager. Through the Tailgate Side of Longwall Mining Operations in Coal Mines
Such notification will almost always have the effect of indirectly giving notice of an inspection. 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. IMPOUNDMENT - An unstable condition at an impoundment, refuse pile, or culm bank which requires emergency action in order to prevent failure, or which causes individuals to evacuate an area. Obtaining information for health and safety research; 2. District managers should contact headquarters regarding any questionable operations before final determinations are made. Pre-selected meeting sites should not reveal the specific areas to be inspected. INUNDATION - An unplanned inundation of a mine by a liquid or gas. 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. If an inspector(s) believes that he/she may be subject to physical harm or assault, the inspector should leave the property immediately and promptly notify his/her supervisor. However, it is recognized that the normal progression of an inspection may reveal remaining areas to be inspected. MSHA's authority to assume jurisdiction of mine roads which pass through federal land administered by agencies that do not have responsibility for health and safety on those roads. an established mine are within the Act's scope. U.S. Department of Labor | Mine Safety and Health Administration (MSHA) | 1100 Wilson Boulevard, 21st Floor | Arlington, VA 22209-3939. The characteristics of every surface mine depend upon the mine's location and the material being mined. definition of "operator" to
Local OSHA authorities should be informed by MSHA district personnel of any determination to terminate jurisdiction over a loading facility. Clearance must be obtained from the inspector's supervisor before notice is given for preparation essential to an enforcement activity. MACHINERY - Accidents that result from the action or motion of machinery or from failure of component parts. This definition also does not include maintenance or service workers who do not work at a mine site for frequent or extended periods. Mining poses many hazards to workers, one of which is noise induced hearing loss (NIHL). Inspections, Investigations and
The road was built by or for (by contractor) the mine
whether federal, state, county, or other, are included within the
Only MSHA approved SI credentials may be used in the performance of any special investigation and may only be used by the authorized representative to whom the SI credentials have been issued. Not included are accidents in which the motion of machinery or haulage equipment caused the fall either directly or by knocking out support; such falls are classified as machinery or haulage, whichever is appropriate. 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. 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. 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. Regulations governing
This includes evaluating the effectiveness of each district's special investigation program, monitoring district compliance with national policies and procedures, and providing periodic updates on the status of cases. ENTRAPMENT - In accidents involving no injuries or nonfatal injuries which are not serious, entrapment of mine workers takes precedence over roof falls, explosives accidents, inundations, etc. While initially limited to certain areas of of the mining process, MSHA used several terms in the definition of a m Inspection requirements for previous inspection periods remain in effect. The material is used by the extracting party more for its bulk than its intrinsic qualities on land which is relatively near the borrow pit. related milling operations within that definition. 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. MSHA states it initially believed that definition provided a means for the “automatic inclusion” of new technology. The acronym MSHA can refer to: Maryland State Highway Administration, an agency of the Maryland Department of Transportation. It is a crime to assault, intimidate or impede MSHA employees who are assigned to perform investigative, inspection, or law enforcement functions. the procedures for conducting the inspection of an underground mine in its entirety at least four times a year and a surface mine (including a facility)in its entirety at least twice a year are set forth in the respective General Inspection Procedures Handbooks for Coal and Metal and Nonmetal. The operator has the legal right to bring the road into
All such operations located anywhere in
Hoisting may also be the classification where a victim was injured by hoisting equipment but there was no damage to the equipment. 103(a)
The accident is caused by the motion of the haulage unit. Examples of possible essential preparations are described below: 1. The accident may or may not be directly tied to any resulting injury. However, there are limited occasions when advance notice is contemplated by the Act. The important point to remember is that any arrangements or notice relating to an enforcement activity that is not essential to carry out that activity is considered to be "advance notice" as the term is used in Section 103(a) of the Act. The notification shall include the mine name, location, the company name, mailing address, person in charge, and whether operations will be continuous or intermittent. Include derricks and cranes except when they are used in shaft sinking (see HOISTING) or mobile cranes traveling with a load (see POWERED HAULAGE). Credentials
Included is equipment such as derricks and cranes only when used in shaft sinking; suspended work platforms in shafts; mine cars being lowered or raised by hoisting equipment on slopes or inclines; a skip squeezed between timbers resulting in an accident; or an ore bucket tipped for any reason causing an accident. HOISTING - Damage to hoisting equipment in a shaft or slope which endangers an individual or interferes with use of the equipment for more than 30 minutes. 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. SLIP OR FALL OF PERSON - Includes slips or falls from an elevated position or at the same level while getting on or off machinery or haulage equipment that is not moving. 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. Included are exploding gasoline vapors, space heaters, or furnaces. An inspector shall not sign a responsibility release form when entering a mine to perform his duties. '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. 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." 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. 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.
Section 3 (h) (1) of the Act defines the term "mine" and includes related milling operations within that definition. j a c k s o n k e l l y . 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. be inspected. FALL OF FACE, RIB, SIDE OR HIGHWALL - Accidents in this classification include falls of material (from in-place) while barring down or placing props; also pressure bumps and bursts. The Act does not prohibit advance notice of investigative activities (activities which are not direct enforcement activities). In these operations, both milling and manufacturing occur. MSHA has jurisdiction over operations whose purpose is to extract or to produce a mineral. As a simple example, OSHA requires employers to keep a log on site of all injuries and illnesses. For that reason, you must not associate the classification decision with any injury that may have resulted. 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. MSHA's interpretation is that this requirement applies to full-time producing mines operating for the entire fiscal year period. The inspector's authorization shall be available during inspections and investigations. Section 103(a) of the Act requires a minimum of four inspections
independent contractors are found in Part 45 of Title 30 CFR. I.3-5 Jurisdiction Over Coal Preparation
The accident must have been most directly caused by handling material. This definition shall include the operator if the operator works underground on a continuing, even if irregular basis. . MSHA Safety Training Requirements at a Surface Mine. In the case, the mine operator challenged MSHA’s imposition of a 103(k) order after a two-ton flyrock landed on residential property – even though there was no injury or death involved. operator. If the status of a mine changes to abandoned, abandoned sealed, or temporarily idle before the end of the inspection period and remains in one of those statuses, no inspection is required. This is a last resort category. 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 … Special investigator (SI) credentials will be issued by the Assistant Secretary for MSHA to those persons who have completed the specified investigator training. The material may be in bags or boxes, or loose sand, coal, rock, timber, etc. Administered by the Mine Safety and Health Administration (MSHA), the Act affects miners and mine operators who work on mine property within the United States. U.S. Department of Labor | Mine Safety and Health Administration (MSHA) | 201 12th Street S, Suite 401 | Arlington, VA 22202-5450, Mine Safety and Health Administration - MSHA, - Protecting Miners' Safety and Health Since 1978. Section 6(b)(7) in the MSHA/OSHA Interagency Agreement states: 'Borrow Pits' are subject to OSHA jurisdiction except those borrow pits located on mine property or related to mining. The accident results from the action, motion, or failure of the hoisting equipment or mechanism. Operations not functioning for the purpose of producing a mineral include, but are not limited to, the following: The question of jurisdiction in these and similar types of operations is contingent on the purpose and intent for which the facility is being developed. The Mine Act requires MSHA to inspect each surface mine at least 2 times a year and each underground mine at least 4 times a year. Mine
Noise samples will be collected at locations in accordance with the Health Inspection Procedures Handbook. Any allegations of employee misconduct, including advance notification of inspections, should be referred to the appropriate Administrator. Respirable coal mine dust samples are collected during the four annual coal mine underground inspections for each active sampling entity. compliance with MSHA regulations; The road is used exclusively to provide access to the
An implied exception to the prohibition against advance notice exists in Section 103(g)(1). 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". STRIKING OR BUMPING - This classification is restricted to those accidents in which an individual, while moving about, strikes or bumps an object but is not handling material, using hand tools, or operating equipment. Section 3(d) of the Act expands the
. This course covers those common physical characteristics of surface mines. (o) We or us means the Mine Safety and Health Administration (MSHA). the United States, as well as in any of its territories,
Included are all electric and air-powered tools and mining machinery such as drills, tuggers, slushers, draglines, power shovels, loading machines, compressors, etc. 103(a) Mandated Inspections
See Part 50 in Volume III of this Manual. MSHA Form 5000-23 is deemed appropriate for certification for Annual Refresher, Experienced Miner, Hazard, New Task, and New Miner Training. Each underground coal mine operator develops a respirable dust control plan for maintaining compliance with the 2.0 milligram or lower standard. I.103-2 Company Release Forms
(m) Production-operator means any owner, lessee, or other person who operates, controls, or supervises a mine under this part. NON-POWERED HAULAGE - Accidents related to motion of non-powered haulage equipment. In order to promote the consistent application and management of the program, TCID will develop statistical and management information based on special investigations activities in the field.