When any mine is closed, the person in … Inspectors may provide safety and health educational assistance. 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. 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. Also the failure of an impoundment, refuse pile, or culm bank. 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. Accidents involving cages, skips, buckets, or elevators. The scalping screen can be either portable or stationary and is used to remove large rocks, wood, and trash. 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. This definition also does not include maintenance or service workers who do not work at a mine site for frequent or extended periods. MSHA reviews and tests the operator's respirable dust control plan by taking samples in accordance with MSHA’s Health Inspection Procedures Handbook. 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. 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. This definition shall include the operator if the operator works underground on a continuing, even if irregular basis. Where the assistant district manager is contacted, the assistant district manager must then immediately contact the district manager. (n) Task means a work assignment or component of a job that requires specific job knowledge or experience. Include accidents that are caused by an energized or moving unit or failure of component parts. District managers should contact headquarters regarding any questionable operations before final determinations are made. . For mines which started operating in the middle of the fiscal year, fewer inspections are required. 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. MSHA is listed in the World's largest and most authoritative dictionary database of abbreviations and acronyms MSHA is listed in the World's largest and most authoritative dictionary database of abbreviations and acronyms 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. English Wikipedia - The Free Encyclopedia . independent contractors are found in Part 45 of Title 30 CFR. Respirable coal mine dust samples are collected during the four annual coal mine underground inspections for each active sampling entity. Authority to Inspect - Authorization for Representatives 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. HAND TOOLS - Accidents related to non-powered tools when being used as hand tools. Any allegations of employee misconduct, including advance notification of inspections, should be referred to the appropriate Administrator. The MSHA inspectors thoroughly inspects the underground coal-mines at least four times in a year. SI credentials will be carried at all times when conducting special investigations. However, there are limited occasions when advance notice is contemplated by the Act. The inspector's authorization shall be available during inspections and investigations. "Mine" MSHA and OSHA have entered into an agreement to delineate certain areas of inspection responsibility, to provide a procedure for determining general jurisdictional questions, and to provide for coordination between the two agencies in areas of mutual interest. The district manager will notify the Technical Compliance and Investigations Office (TCIO) for further instructions. The accident results from the action, motion, or failure of the hoisting equipment or mechanism. Section 3(d) of the Act expands the MSHA enforces requirements at over 13,000 mines in the United States, an… Include derricks and cranes except when they are used in shaft sinking (see HOISTING) or mobile cranes traveling with a load (see POWERED HAULAGE). The laws and regulations of each agency are different. Such notification will almost always have the effect of indirectly giving notice of an inspection. Each underground coal mine operator develops a respirable dust control plan for maintaining compliance with the 2.0 milligram or lower standard. 103(a) Included are exploding gasoline vapors, space heaters, or furnaces. 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. 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. whether federal, state, county, or other, are included within the I.103-5 Reporting and Investigating Blocked Passage An inspector shall not sign a responsibility release form when entering a mine to perform his duties. Improper use or failure to safeguard SI credentials may result in disciplinary action. If the plan is not being followed, the appropriate citation/order is issued. MSHA itself does not maintain records of the training, so it is up to the training recipient to maintain their training records. MSHA has jurisdiction over operations whose purpose is to extract or to produce a mineral. Section 3(h)(1)(B) of the Act defines 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. The accident must have been most directly caused by handling material. Demonstrations of research or prototype equipment; and. The Mining Safety and Health Administration, also known as MSHA, requires that miners who work at surface mines receive specific safety training to reduce the risk of injury, illness, or fatality on the job.. At some surface mines, the safety training requirements are known as MSHA Part 46.. 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. MSHA stands for the Mine Safety and Health Administration. I.4-2 Jurisdiction Over Refractory Mills The presence of any of these factors should each weigh in favor of inclusion of the road under MSHA jurisdiction. MSHA’s Accident Prevention Program: Plan for a Mine Emergency The history of mine emergencies has taught us that we can never be too prepared to respond to these life threatening events. For intermittent surface mines, MSHA's policy requires one inspection a year. INUNDATION - An unplanned inundation of a mine by a liquid or gas. 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. MACHINERY - Accidents that result from the action or motion of machinery or from failure of component parts. Through the Tailgate Side of Longwall Mining Operations in Coal Mines term "mine" and includes The Act does not prohibit advance notice of investigative activities (activities which are not direct enforcement activities). 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. 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. '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, a borrow pit used to build a road or construct a surface facility on mine property is subject to MSHA jurisdiction.) jurisdiction of the Act. Inspectors 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. Inspections, Investigations and It is consistent with current policies and incorporates the requirements of all relevant Procedure Instruction Letters. Hoisting may also be the classification where a victim was injured by hoisting equipment but there was no damage to the equipment. 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. 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. Section 3(h)(1) of the Act defines the MSHA Coal Mine Impoundment Inspection And Plan Review Handbook PH-07-01 _____ 1. Wikipedia Dictionaries. 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. The acronym MSHA can refer to: Maryland State Highway Administration, an agency of the Maryland Department of Transportation. The criteria or factors listed below will be used for determining jurisdiction. Looking for online definition of MSHA or what MSHA stands for? Included are all electric and air-powered tools and mining machinery such as drills, tuggers, slushers, draglines, power shovels, loading machines, compressors, etc. 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. Mine development, rehabilitation activities, and exploration work at an established mine are within the Act's scope. 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. If the facility prepares coal according to any specifications for benefit of either the operator or the consumer, MSHA will inspect the facility. (m) Production-operator means any owner, lessee, or other person who operates, controls, or supervises a mine under this part. 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. Since pressure bumps and bursts which cause accidents are infrequent, they are not given a separate category. 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". Respirable coal mine dust samples are collected at surface mines in accordance with the Health Inspection Procedures Handbook. Safety Training Videos MSHA has a library of training videos on safety topics ranging from conveyor safety to fall protection. Technical assistance, including field certifications; 3. FALL OF ROOF OR BACK - Underground accidents which include falls while barring down or placing props; also pressure bumps and bursts. Section 3 (h) (1) of the Act defines the term "mine" and includes related milling operations within that definition. Mine Safety and Health Administration (MSHA) regulates the process of mining that employs approximately one safety inspector for every four coal-mines. related milling operations within that definition. 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. See Part 50 in Volume III of this Manual. 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. 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. MSHA does not have jurisdiction where a mineral is extracted incidental to the primary purpose of the activity. 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. 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. Miner: Any person who is engaged in mining operations (see definition below). MSHA Form 5000-23 is deemed appropriate for certification for Annual Refresher, Experienced Miner, Hazard, New Task, and New Miner Training. 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. OTHER - Accidents not elsewhere classified. Mine rescue teams compete in contests across the country to prepare themselves to operate effectively in a mine emergency. 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. Government owned or operated mines and mills, This includes accidents caused by improper blocking of equipment under repair or inspection. While initially limited to certain areas of of the mining process, MSHA used several terms in the definition of a m 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 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. 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. The material may be in bags or boxes, or loose sand, coal, rock, timber, etc. I.4-1 MSHA/OSHA Interagency Section 103(a) of the Act requires a minimum of four inspections Included are accidents involving wheelbarrows, manually pushed mine cars and trucks, etc. be inspected. (MSHA inspects seasonal or intermittent mining operations less frequently). 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. All such operations located anywhere in The MSHA/OSHA Interagency Agreement provides that OSHA shall have jurisdiction over "brick, clay pipe, and refractory plants" (Section B.6.b). 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. If Part 48, determine whether 24-hour (Surface) or 40-hour (Underground) New Miner Training is required. It is a crime to assault, intimidate or impede MSHA employees who are assigned to perform investigative, inspection, or law enforcement functions. Consistent with Section 103(a) of the Act, 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. (o) We or us means the Mine Safety and Health Administration (MSHA). I.4-3 Jurisdiction Over Borrow Pits MSHA is an agency in the Department of Labor and was created when Congress passed … j a c k s o n k e l l y . Included are all electric and air-powered tools and mining machinery such as drills, tuggers, slushers, draglines, power shovels, loading machines, compressors, etc. 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. Charge the accident to that which most directly caused the resulting accident. 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. 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. MSHA states it initially believed that definition provided a means for the “automatic inclusion” of new technology. 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." While both agencies have extensive rules to prevent injuries, the approach and requirements for each are distinct. The road was built by or for (by contractor) the mine (US, mining) Acronym of Mine Safety and Health Administration. In January 1991, . I.3-2 Jurisdiction Over Mine Roads Investigations MACHINERY - Accidents that result from the action or motion of machinery or from failure of component parts. 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. If an inspector encounters harassment or delays during a mine inspection, the inspector should attempt to complete the inspection without further provoking the operator. 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. This is a last resort category. § 803(d). an established mine are within the Act's scope. See Part 50 in Volume III of this Manual. 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. 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. MSHA requires that every injury and illness must be reported to MSHA. Denial of "right of entry" for not signing a release shall be reported in accordance with Section 108 of the Act. Not included are accidents in which the motion of machinery or haulage equipment caused the fall either directly or by knocking out support; such accidents are classified as machinery or haulage, whichever is appropriate. . Noise samples will be collected at locations in accordance with the Health Inspection Procedures Handbook. The classifications are listed in alphabetical order: ELECTRICAL - Accidents in which electric current is most directly responsible for the resulting accident. Special investigator (SI) credentials will be issued by the Assistant Secretary for MSHA to those persons who have completed the specified investigator training. definition of "operator" to However, it is recognized that the normal progression of an inspection may reveal remaining areas to be inspected. 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. Noise samples will be collected one time per year on each active coal mine (surface/facilities and underground). The inspector shall not perform any work at a mine. Msha Definition from Encyclopedia Dictionaries & Glossaries. Without the dozer, there would have been no resulting accident. Inspection requirements for previous inspection periods remain in effect. Remember that it is the accident we want to classify. 103(a)Authority to Conduct Special Investigations - SI If a roof fall results in an entrapment accident, the accident classification is �Entrapment. the United States, as well as in any of its territories, Any information relating to inspection and investigation schedules, including an inspector's mine assignments, shall be restricted solely to MSHA personnel who have need of such knowledge. compliance with MSHA regulations; The road is used exclusively to provide access to the The owner, operator, or person in charge of any metal and nonmetal mine shall notify MSHA before starting operations, of the approximate or actual date mine operation will commence. FALLING, ROLLING, OR SLIDING ROCK OR MATERIAL OF ANY KIND -Injuries caused directly by falling material require great care in classification. Plants I.103-3 Performance of Work Other Than Inspections and These samples will be collected during the two annual surface mine/facilities inspections for each active sampling entity. Clearance must be obtained from the inspector's supervisor before notice is given for preparation essential to an enforcement activity. Do not include electric tools or air-powered 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. 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. 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. Pre-selected meeting sites should not reveal the specific areas to be inspected. Secretary of Labor v. Mathies Coal … These facilities will be examined to determine the nature and purpose of the work that takes place there. Also includes slips or falls while servicing or repairing equipment or machinery. Examples of possible essential preparations are described below: 1. Credentials 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. 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 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. However, notice of investigative activities shall only be given when there is a need for such notice. Includes stepping in a hole. Agreement 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 … Once the plan is approved, inspectors measure the engineering parameters during each inspection to assure that all of the plan's elements are followed. Regulations governing Mine 103(a) Advance Notice 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 accident is caused by the motion of the haulage unit. No milling is involved, except for the use of a scalping screen to remove large rocks, wood and trash. protectorates, or commonwealths, must be inspected. include independent contractors. Section 103(a) of the Act prohibits giving advance notice of inspections conducted by an authorized representative of the Secretary of Labor. The definition of "miner" does not include scientific workers: delivery workers; customers (including commercial over-the-road truck drivers), vendors, or visitors. Obtaining information for health and safety research; 2. Investigative activities include: 1. An implied exception to the prohibition against advance notice exists in Section 103(g)(1). Sections 3(h)(2) and 3(i) of the Act address coal loading facilities over which MSHA asserts jurisdiction.