“Rules to Live By”

1. “Rules to Live By” Conditions for Focused Enforcement

2. “Rules to Live By” • “Rules to Live By,” are aimed at improving safety and health and preventing fatalities and serious accidents in America’s mines. • Through a first phase of industry outreach and education followed by enhanced enforcement beginning on March 15, 2010 the focus will be on 24 frequently cited standards (11 in coal mining and 13 in metal/nonmetal mining) whose violations have caused or contributed to nearly half the fatal accidents in the mining industry since 2000. • The goal of “Rules to Live By” is to reduce deaths and injuries from the targeted standards by having mine operators identify and correct all hazardous conditions and to have MSHA enforcement be directed toward confirming that violations related to these conditions are not present at mines.

3. “Rules to Live By” • In 2009, mining fatalities fell to an all-time low for the second straight year. • While the mining community achieved a record low number of mining deaths in the United States and has seen a significant decline in fatal mining accidents during the past 10 years, too many miners still lose their lives in preventable accidents. • The loss of even one miner causes devastation and pain to the victim’s family, friends and co-workers.

4. “Rules to Live By” • Between 2000 – 2008, 589 miners lost their lives, mostly in single and double fatality accidents. • MSHA analyzed these fatal accidents to identify conditions and practices that contributed to the 589 deaths, safety standards violated, root causes, and abatement practices.

5. “Rules to Live By”2000 - 2008 • MSHA’s analysis identified 24 standards – 11 in coal (6 UG – 5 Surface) mining and 13 in metal and nonmetal mining – (12 Surface -1 UG) frequently cited in fatal accident investigations. • These violations fell into 9 different accident categories: • ·            Falls from Elevation • ·            Falls of Roof and Rib • ·            Operating Mobile Equipment (Surface) • ·            Operating Mobile Equipment (Underground) • ·            Maintenance • ·            Lock and Tag Out • ·            Struck by Mobile Equipment (Surface) • ·            Struck by Mobile Equipment (Underground) • ·            Blocking Against Motion

6. PRIORITY STANDARDS:METAL/NONMETAL • Phase 1 • §56.9101 Operating speeds and control of equipment • §56.12017 Work on power circuits • §56.14101(a)* Brake performance • §56.14105 Procedures during repairs or maintenance • §56.14130(g) Seat belts shall be worn by equipment operators • §56.14131(a) Seat belts shall be provided and worn in haul trucks • §56.14205 Machinery, equipment, and tools used beyond design • §56.14207 Parking procedures for unattended equipment • §56.15005 Safety belts and lines • §56.16002(c) Bins, hoppers, silos, tanks, and surge piles • §56.16009 Persons shall stay clear of suspended loads • §56.20011 Barricades and warning signs • §57.3360 Ground support use

7. PRIORITY STANDARDS: COAL • Phase 1 • §77.404(c) No repairs or maintenance shall be performed until the power is off and machinery is blocked • §77.1607(g) All persons shall be clear before starting or moving equipment • §77.1607(n) Mobile equipment shall not be left unattended unless brakes are set, chocked… • §77.1710(g) Safety belts and lines shall be used where there is a danger of falling • §77.1710(i) Seatbelts shall be worn in a vehicle where there is a danger of overturning and where roll protection is provided • §75.202* Roof, face, and ribs shall be supported and no person shall work or travel under unsupported roof • §75.220(a)(1) Develop and follow approved roof control plan • §75.511 No electrical work shall be performed on energized low, medium, or high-voltage distribution circuits or equipment … • §75.1403-10(i) Off-track haulage roadways shall be maintained… • §75.1725(a) Equipment shall be maintained in safe operating condition or, removed from service • §75.1725(c) No repairs until power off and blocked

8. Rules to Live By Program Priority 24 Standards (Phase 1) LEGEND MNM Coal * includes all subparts The number of fatalities where the standard was cited as a contributory violation during all fatal accident investigations from 2000 though 2008. It is important to note that in many cases noncompliance with more than one standard contributed to the fatal accidents.

9. Rules to Live By III"Preventing Common Mining Deaths" Phase 3 - Coal

10. MSHA begins 3rd phase of 'Rules to Live By' outreach and enforcement initiativeFatality prevention program to focus on 14 safety standards

11. The U.S. Department of Labor's Mine Safety and Health Administration launched the third phase of an outreach and enforcement program designed to strengthen efforts to prevent mining fatalities. • "Rules to Live By III: Preventing Common Mining Deaths" will focus on 14 safety standards that were chosen because violations related to each have been cited as contributing to at least five mining accidents and at least five deaths during the 10-year period of Jan. 1, 2001, to Dec. 31, 2010.

12. "The goal of this phase of 'Rules to Live By' is to reduce numbers of deaths and injuries from the targeted standards by having mine operators identify and correct all hazardous conditions, direct MSHA enforcement toward confirming that violations related to these conditions are not present at mines, and ensure miners are better trained to recognize and avoid these particular hazards," said Joseph A. Main, assistant secretary of labor for mine safety and health.

13. From 2001 through 2010, 609 miners lost their lives in workplace accidents. • Violations associated with eight coal standards contributed to 75 deaths during this period, while violations associated with six metal and nonmetal standards contributed to 50 deaths.

14. The coal standards are as follows: • 75.362(a)(1) on-shift examination • 77.404(a) machinery and equipment; operation and maintenance • 77.405(b) performing work from a raised position; safeguards • 77.1000 highwalls, pits and spoil banks; plans • 77.1605(b) loading and haulage equipment; installations • 77.1606(a) loading and haulage equipment; inspection and maintenance • 77.1607(b) loading and haulage equipment; operation • 77.1713(a) daily inspection of surface coal mine; certified person; reports of inspection

15. The metal and nonmetal standards are as follows: • 46.7(a) new task training • 56.3130 wall, bank and slope stability • 56.3200 correction of hazardous conditions • 56.15020 life jackets and belts • 56.14100(b) safety defects; examination, correction and records • 57.14100(b) safety defects; examination, correction and records

16. Beginning April 1, MSHA will focus more attention on these 14 standards with enhanced enforcement efforts, increased scrutiny for related violations, and instructions to inspectors to more carefully evaluate gravity and negligence - consistent with the seriousness of the violation - when citing violations that cause or contribute to mining fatalities. • MSHA inspectors will receive online training to promote consistency in enforcement activity across the agency.

17. As with the first two phases of "Rules to Live By," online training will be available to the mining industry and the public on MSHA's website, and MSHA will provide operators with program and resource information. • The agency also will reach out to engage miners and their representatives during the course of MSHA inspections to disseminate appropriate compliance assistance materials - including engineering suggestions, safety target materials packages and other resources - so that they have the appropriate information to address and eliminate workplace hazards.

18. "In 2011, mining deaths fell to the second lowest annual total on record - a testament to the commitment of miners, mine operators, miners' representatives, labor and industry organizations, state agencies and grantees, members of the mining community and MSHA," said Main. • "While the mining community achieved near-record low numbers of mining deaths in the United States and has seen a significant decline in fatal mining accidents during the past 10 years, too many miners still lose their lives in preventable accidents..

19. "Compliance with safety and health standards is the responsibility of mine operators, with the assistance of miners. • Ultimately, all of us must focus on why these accidents happen and how to prevent them," he added. • The first phase of "Rules to Live By" began in February 2010.

20. Coal Priority Standards • 30 CFR § 77.404(a) - Machinery and equipment; operation and maintenance - “Mobile and stationary machinery and equipment shall be maintained in safe operating condition and machinery or equipment in unsafe condition shall be removed from service immediately." • During the review period, violations of 30 CFR §77.404(a) contributed to 15 fatalities in 14 fatal accident investigations.

21. COAL MINE FATALITY - - On Friday, February 11, 2011, a 55 year old miner with 30 years of mining experience was killed when the fuel and grease service truck he was operating collided head on with a scraper. The two pieces of equipment were traveling in opposite directions. The impact resulted in a fire that engulfed the fuel truck.

23. Conditions Leading to Fatalities • Ineffective maintenance procedures allowed water to accumulate in the parking brake system, causing freezing in the system and not allowing the parking brakes to apply. • The operator or contractor had no policies or procedures in place to ensure equipment was maintained in safe condition. • A front-end loader remained in operation after a serious oil leak was observed. • Brakes on mobile equipment were out of adjustment or otherwise improperly maintained. • The man lift was not maintained in safe operating condition. • Thorough pre-operational exams were not conducted.

24. Coal Priority Standards • 30 CFR § 77.405(b) - Performing work from a raised position; safeguards - "No work shall be performed under machinery or equipment that has been raised until such machinery or equipment has been securely blocked in position." • During the review period, violations of 30 CFR §77.405(b) contributed to 7 fatalities in 7 fatal accident investigations.

25. COAL MINE FATALITY -On Saturday, May 14, 2011, a 37-year old mechanic with 14 years of mining experience and 1½ years of experience as a mechanic, was killed while removing a counter weight fuel tank assembly from a front-end loader. He was positioned beneath the front-end loader when he removed 14 of the 16 mounting bolts that secure the counter weight. When the victim attempted to remove the next to last bolt, the remaining two bolts failed allowing the 11,685 pound counterweight to fall on him. The counter weight had not been blocked to prevent it from falling.

27. Conditions Leading to Fatalities • A driver placed himself in a hazardous position beneath the truck between the axle and an improvised metal stand. • A lead mechanic performed work beneath a front-end loader bucket that was not blocked against motion. • A mechanic became pinned to the ground when the belly pan of a bulldozer fell on him. • A 10-foot step ladder was hit by an overhead rolling steel door that was not securely blocked, causing the employee to fall. • A hoist boom that was not securely blocked in position fell, fatally striking a miner working directly underneath it.

28. Coal Priority Standards • 30 CFR § 77.1000 - Highwalls, pits and spoil banks; plans - "Each operator shall establish and follow a ground control plan for the safe control of all highwalls, pits and spoil banks to be developed after June 30, 1971, which shall be consistent with prudent engineering design and will insure safe working conditions. The mining methods employed by the operator shall be selected to insure highwall and spoil bank stability." • During the review period, violations of 30 CFR §77.1000 contributed to 6 fatalities in 5 fatal accident investigations.

29. COAL MINE FATALITY -On Friday, October 28, 2011, a 47-year old lead blaster and 23-year old blaster helper were killed when the 1-ton truck they were riding was struck and completely covered by fallen rock from a failed highwall. The victims were driving in the pit, past a track hoe loading coal as they approached their work area. The rock reached approximately 80' across the 100' wide pit and struck the track hoe and a haulage vehicle being loaded at the time of the accident.

31. Remains of 1 ton truck accident on October 28, 2011

32. COAL MINE FATALITY - On Wednesday, December 7, 2011, at approximately 7:30 a.m., a 49-year-old excavator operator, with 20 years of mining experience, was fatally injured when a highwall he was working near collapsed. • The excavator was being used to load rock trucks. • The operator's cab was positioned on the highwall side when the accident occurred.

34. Conditions Leading to Fatalities • The ground control plan for the mine did not include methods to keep persons from being exposed to the hazardous condition of portions of the highwall having been developed in dirt, on a near vertical angle, and being unstable. • The mine operator's established ground control plan was not being followed where a highwall drill was being used to drill blast holes. • The segment of the highwall that failed was oriented nearly parallel to a well developed joint set. • The operator's established ground control plan was not adequate to provide safe control of the highwall, pits, and spoil banks. • The mine operator engaged in aggravated conduct constituting more than ordinary negligence by allowing mining operations to proceed before hazardous conditions were corrected.

35. Coal Priority Standards • 30 CFR § 77.1605(b) - Loading and haulage equipment; installations - "Mobile equipment shall be equipped with adequate brakes, and all trucks and front-end loaders shall also be equipped with parking brakes." • During the review period, violations of 30 CFR §77.1605(b) contributed to 10 fatalities in 10 fatal accident investigations.

36. Conditions Leading to Fatalities • The flow of brake fluid to the wheel was stopped due to a piece of rubber blocking a fitting. • The brakes were contaminated with grease and oil. • Wear on the brake drums was in excess of the maximum allowable diameter. • Bluing indicating excessive heat was found on the brake drum. • Five of the six service brake chamber pushrod strokes for the truck exceeded the maximum allowable pushrod stroke readjustment limit.

37. Coal Priority Standards • 30 CFR § 77.1606(a) - Loading and haulage equipment; inspection and maintenance - "Mobile loading and haulage equipment shall be inspected by a competent person before such equipment is placed in operation. Equipment defects affecting safety shall be recorded and reported to the mine operator." • During the review period, violations of 30 CFR §77.1606(a) contributed to 9 fatalities in 9 fatal accident investigations.

38. Conditions Leading to Fatalities • A truck with multiple brake system failures was not adequately inspected before being placed into service. • There was no program in place to ensure that pre-operational checks were conducted. • The pre-operational inspection failed to reveal that the driver side steering axle brake linings did not contact the brake drum when the brakes were applied. • An adequate pre-shift inspection was not conducted which would have revealed that six trailer brakes were ineffective. • Inspections of the defective truck were not being conducted by a qualified person before the truck was placed in operation. • Defects affecting safety were not being recorded and reported to mine management.

39. Coal Priority Standards • 30 CFR § 77.1607(b) - Loading and haulage equipment; operation - "Mobile equipment operators shall have full control of the equipment while it is in motion." • During the review period, violations of 30 CFR §77.1607(b) contributed to 11 fatalities in 11 fatal accident investigations.

40. MINE FATALITY -On Wednesday, November 2, 2011, a 28 year old bulldozer operator, with approximately 8 years of mining experience, was injured at a surface mine. The victim was conducting reclamation work on top of a graded slope when he lost control of the bulldozer and it rolled over several times, approximately 250 feet to the bottom of the slope. The operator was wearing a seat belt, but sustained serious injuries. He was hospitalized and died subsequently on November 14, 2011.

42. COAL MINE FATALITY - On Saturday, December 3, 2011, at approximately 8:35 a.m., a bulldozer operator with 18 years of mining experience was seriously injured when the bulldozer he was operating travelled over a highwall and fell approximately 90 feet to the pit below. • The victim was in the process of clearing topsoil from the bench in preparation for the next blast. • The victim was not wearing a seatbelt and was ejected from the bulldozer. • The victim died on December 6, 2011, from the injuries sustained in this accident.

44. Conditions Leading to Fatalities • A rock truck backed over the edge of a dump site and overturned. • An equipment operator failed to maintain full control of a dozer he was operating on extreme slope conditions. • An operator overturned a truck into a newly constructed pond. • Management knew that trucks were routinely overloaded and did nothing to stop this practice. • A mobile equipment operator received crushing fatal injuries when the operator of a second truck failed to maintain control of his vehicle and hit the back of the victim's haul truck.

45. Coal Priority Standards • 30 CFR § 77.1713(a) - Daily inspection of surface coal mine; certified person; reports of inspection - "At least once during each working shift, or more often if necessary for safety, each active working area and each active surface installation shall be examined by a certified person designated by the operator to conduct such examinations for hazardous conditions and any hazardous conditions noted during such examinations shall be reported to the operator and shall be corrected by the operator.“ • During the review period, violations of 30 CFR §77.1713(a) contributed to 8 fatalities in 7 fatal accident investigations.

46. Conditions Leading to Fatalities • Loose material from a blast of overburden migrated to the edge of a highwall and fatally struck a workers hand shoveling spoil material below. • The operator failed to conduct an adequate on-shift daily examination that would have indicated that the edge of a dump point had no berms, bumper blocks, safety hooks, or similar means to prevent overturning. • The hazards of a sliding stockpile that were discovered during an examination were neither reported nor corrected. • A highwall was examined from the top only, leaving hazards on the pit floor unobserved. • Examinations of areas where tree cutting was being conducted were made from a remote location and did not adequately detect hazardous conditions.

47. Rules to Live By III"Preventing Common Mining Deaths" Phase 3 – Metal Non/Metal

48. Metal and Nonmetal Priority Standards • 30 CFR §46.7(a) - New task training - "You must provide any miner who is reassigned to a new task in which he or she has no previous work experience with training in the health and safety aspects of the task to be assigned, including the safe work procedures of such task, information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program. This training must be provided before the miner performs the new task." • During the review period, violations of 30 CFR §46.7(a) contributed to 21 fatalities in 21 fatal accident investigations.

49. Conditions Leading to Fatalities • A miner who had not been task trained was run over after being ejected from the cab of a wheeled loader. • A miner was fatally burned by a release of steam while cleaning a reaction tank. The mine operator had failed to provide task training. • A laborer was fatally injured when the forklift he was operating left the roadway and overturned. The victim had not been task trained. • A contractor was killed when the trench wall collapsed and buried him. He had not been task trained on working in and around trenches. • A plant laborer was fatally injured when his arm was drawn into a conveyor belt as he attempted to adjust a return idler roller. He had not been task trained.

50. Metal and Nonmetal Priority Standards • 30 CFR § 56.3130 - Wall, bank, and slope stability - Â "MINING METHODS:Â Mining methods shall be used that will maintain wall, bank, and slope stability in places where persons work or travel in performing their assigned tasks. When benching is necessary, the width and height shall be based on the type of equipment used for cleaning of benches or for scaling of walls, banks, and slopes." • During the review period violations of 30 CFR §56.3130 contributed to 6 fatalities in 6 fatal accident investigations.