Supervisory Responsibility Responsibilities under the Federal

Supervisory Responsibility Responsibilities under the Federal Mine Safety and Health Act of 1977 1

Course Topics – Definitions – Sections of the Mine Act – Significant and substantial – Negligence – Unwarrantable failure – Company/agent violations – Special investigations – Penalties – Good supervisory practices 2

Congress Declared First priority of the mining industry is the health and safety of the miner. There is an urgent need to improve mining conditions. Mandatory standards be established requiring mine operators and miners to comply. Eliminate serious injury and death in the mining industry. 3

Who is Responsible? The operators of mines with the assistance of miners have the primary responsibility to prevent the existence of unsafe and unhealthful conditions and practices in mines. 4

Federal Mine Safety and Health Act of 1977 Definitions Miner - any individual who works in a mine Operator - any owner, lessee or other person who operates, controls or supervises a mine, OR – Any independent contractor performing services or construction at a mine. Contractors account for 30-35% of all mining fatalities. 5

Independent Contractors Must comply fully with the Mine Act. Will be cited for violations. Mine operator may also be cited for contractor violations. Mine operator responsible for ensuring contractor is aware of MSHA regulations. – Specify rigid requirements in contracts to control contractor behavior – Monitor contractor activities 6

Who Is An “Agent” ANY person charged with responsibility for the operation of all or part of a mine or supervision of miners in a mine. 7

Who Is An “Agent” Are you a supervisor, a leadman, foreman, superintendent, etc.? If yes to any of the above, you are an AGENT. 8

Are You Aware? of your responsibilities under the Mine Act of the potential consequences of ignoring those responsibilities –LISTEN UP!!! 9

The Act: Section 103 103(a) - Mandatory minimum of 4 & 2 inspections per year. 103(d) - Accident/Injury investigation & reporting (30 CFR Part 50). 103(f) - Right of the miner to have representation on an inspection (30 CFR Part 40). 103(g) - Right to request an immediate inspection (30 CFR Part 43). 10

The Act: Section 104 104(a) - Citations issued for violations 104(b) - Non-compliance orders 104(d)(1) - Unwarrantable failure citation 11

The Act: Section 104 104(d)(1) - (d)(2) - Unwarrantable failure order(s) 104(e)(1) - (e)(2) - Pattern of violations 12

The Act: Section 104 104(g)(1) - Untrained miner withdrawn from the mine. 104(g)(2) - No discharge, discrimination or loss of pay if withdrawn under (g)(1). 13

The Act: Section 107(a) Imminent danger order *Too hazardous to continue operations without the possibility of something occurring, and *Requires immediate action 14

Significant and Substantial (S&S) What makes a violation S&S? – Gravity (section 10 of citation/order) If a condition is left unabated, what is the likelihood it would result in an injury; and If there was an injury, how serious would it be? For a citation to be S&S, an injury must be reasonably likely to occur AND result in lost workdays or restricted duty. 15

How Is Operator Negligence Determined? Negligence is failure to exercise the degree of care or diligence you would reasonably expect from a prudent person in a position of responsibility. 16

Unwarrantable Failure Unwarrantability is a negligence determination. Factors caused by a high degree of negligence or reckless disregard should be evaluated for an unwarrantable failure to comply. 17

Factors Addressed by Inspector Amount of time violative condition existed. The hazard is serious warranting increased attention by the operator. The violation is repetitious of a previous violation. The violation was the result of deliberate activity, or the operator had knowledge or reason to know. 18

The Act: Section 105 105(a) Propose penalty within a reasonable time. 105(c) No discrimination against miners for protected activity. 105(d) Hearing for contesting citations, orders, and penalties. 19

The Act: Purpose of Section 110 Congress recognized that strict civil and criminal penalties for violations were necessary to ensure that the health and safety standards would be met . 20

The Act: Purpose of Section 110 .therefore, congress expressly imposed civil and criminal penalties on both the company and AGENTS of corporate mine operators. 21

The Act: Section 110 110(a) - Assess civil penalties for violations from 55 to 55,000. 110(b) - Penalty of up to 5,500 per day for failure to comply. 22

The Act: Section 110 110(c) - Corporate agent assessed civil penalty for knowing violations. 110(d) - Any operator agent who willfully violates and convicted (criminal) can be assessed up to 250k or 1 year or both. 23

The Act: Section 110 “knowingly has been defined as: Knowing or having reason to know. A person has reason to know when he has such information as would lead a person exercising reasonable care to acquire knowledge of the fact in question or to infer its existence. MSHA must show a preponderance of evidence existed. 24

The Act: Section 110 In reference to 110(d) of the act, “willfully” has been defined as: Done knowingly and purposely by a [person] who, having a free will and choice, either intentionally disobeys the standard or recklessly disregards its requirements. 25

The Act: Section 110 110(e) - 1,000 fine or 6 months in prison or both for any person notifying an operator of impending inspection. 110(f) - Up to 250k or 5 years in prison or both for anyone convicted of knowingly making false statements, representation, or certification in any application, record, report, plan or other document filed or required to be maintained by the ACT. 26

The Act: Section 110 110(g) - Miners can be fined 275 personally for violating smoking related standards. 110(h) - Up to 250k or 5 years in prison or both for anyone convicted of knowingly misrepresenting equipment, components or accessories as being in compliance. 27

Violations Reviewed for Possible 110 Action 107(a) order with 104(a) citation & high negligence. 104(d) citations/orders with S&S and high negligence. Operator working against an order. District manager prerogative. – The district manager has authority to open an investigation into anything he deems necessary. 28

Special Investigation If a determination is made to investigate a violation, a case number will be assigned and it will be assigned to a special investigator. The investigator will conduct thorough interviews with employees and members of management to determine if there has been a violation of sections 110(c), 110(d), 110(e) or 110(f). 29

The Act: Section 115 30 CFR Parts 46 and 48 training requirements New Miner Training Experienced Miner Training Annual Refresher Training Task Training Site Specific Hazard Training 30

Good Supervisory Practices Evaluate workplace conditions. – Firmly & fairly enforce company, state and federal regulations. – Recognize and take action to correct all unsafe conditions and practices. 31

Good Supervisory Practices – Conduct or assign a competent person to conduct workplace exams to correct hazards. – Openly listen to concerns of employees with appropriate followup and feedback. 32

Good Supervisory Practices Pre-operational checks are conducted of equipment. – Ensure defects are corrected. – Ensure hazardous equipment is taken out of service and placed in designated area or tagged out. – Record defect which cannot be corrected immediately. 33

Good Supervisory Practices Regularly hold safety meetings (toolbox) with crew. – Encourage miner participation with feedback. Regularly observe work practices of all miners and correct unsafe behavior with coaching and/or discipline. 34

Effective Communications Verbal/nonverbal Good listener 35

Effective Communications Modeling safe behavior Following through to ensure that employees act as instructed 36

The More Informed You Are. The more you understand the Mine Act, the safety and health regulations, and the intent and purpose of them, the better equipped you will be to train employees, prevent accidents, and to take care of hazards before an inspector observes them and issues citations. This will help you become better supervisors and managers. 37