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Leadership Responsibilities

Leadership Responsibilities. Responsibilities under the Federal Mine Safety and Health Act of 1977 Larry Miller & Leland Payne EFS Training Specialist. Course Topics. Definitions Sections of the Mine Act Significant and Substantial (S&S) Negligence Unwarrantable failure

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Leadership Responsibilities

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  1. Leadership Responsibilities Responsibilities under the Federal Mine Safety and Health Act of 1977 Larry Miller & Leland Payne EFS Training Specialist

  2. Course Topics • Definitions • Sections of the Mine Act • Significant and Substantial (S&S) • Negligence • Unwarrantable failure • Assessments • Company/agent violations • Special investigations • Penalties

  3. HISTORY In the Mine Act of 1977, Congress declared: • The first priority of the mining industry is the health and safety of the miner.

  4. HISTORY In the Mine Act of 1977, Congress declared: • There was an urgent need to improve mining conditions.

  5. HISTORY In the Mine Act of 1977, Congress declared: • Mandatory standards be established requiring mine operators and miners to comply.

  6. Coal Fatalities 1960 to 2000 1969 1970 1980 1990 2000

  7. M/NM Fatalities 1960 to 2000 1977 1970 1980 1990 2000

  8. 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.

  9. Federal Mine Safety and Health Act of 1977Definitions Miner -any individual who works in a mine

  10. Federal Mine Safety and Health Act of 1977Definitions Operator - any owner, lessee or other person who operates, controls or supervises a mine.

  11. Federal Mine Safety and Health Act of 1977Definitions OR Any independent contractor performing services or construction at a mine. Contractors account for 30-35% of all mining fatalities.

  12. 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 requirements in contracts to control contractor behavior • Monitor contractor activities

  13. What 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.

  14. What are some leadership responsibilities of supervisors? • Act like a supervisor in the presence of other employees and set a good example.

  15. What are some leadership responsibilities of supervisors? • Wear protective equipment when at the mine site (shoes, glasses, hard hat, etc.)

  16. What are some leadership responsibilities of supervisors? • Make certain employees are properly trained in their work duties, including hazard recognition, safe work practices, safe equipment operation, etc.

  17. What are some leadership responsibilities of supervisors? • Have unsafe conditions corrected ASAP

  18. What are some leadership responsibilities of supervisors? • Be familiar with 30 CFR and the Mine Act

  19. Training responsibilities • Provide employees with task training on equipment they are not familiar with.

  20. Training responsibilities • Instruct employees not to operate equipment that they feel is unsafe.

  21. Training responsibilities • When safety issues are brought up by employees, have a responsible person check it out.

  22. Training responsibilities • Always act in ‘good faith.’

  23. Supervisory responsibilities during a fatal investigation • Call for emergency assistance; then call superiors • Call MSHA and State agency • Secure the scene of the accident to allow fatal investigators to conduct investigation • Maintain secured area until released by MSHA Note: Management must also conduct an investigation

  24. The Mine Act: Levels of Enforcement Section 103 103(a) -- Mandatory minimum number of inspections per year (4’s and 2’s) 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).

  25. Section 104(a) Section 104(b) Section 104(d) Section 104(e) Section 104(g) Section 107(a) Section 105(c ) Section 110(a) Section 110(b) Section 110(c ) Section 110(d) The Mine Act: Levels of Enforcement

  26. Section 104 (a) Citations issued for violations (b) Non-compliance orders (d)(1) Unwarrantable failure citation/order (d)(2) Unwarrantable failure order(s) (e) Pattern of violations (g)(1) Untrained miner(s) withdrawn (g)(2) No discharge, discrimination, or loss of pay if withdrawn under (g)(1).

  27. Section 107(a) Imminent danger order Too hazardous to continue operations without the possibility of something occurring *Requires immediate action

  28. Significant And Substantial (S&S) Q: What makes a violation S&S? A:Gravity (See Section 10 of citation) • Likelihood: If a condition is left unabated, what is the likelihood it would result in an injury? • Severity: If there were an injury, how serious would it be? For a citation to be S&S, an injury must be reasonably likely to occurAND expected to result in at least lost workdays or restricted duty.

  29. Mine Citation/Order Form

  30. 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. • Negligence can be evaluated as: None, Low, Moderate, High and Reckless Disregard

  31. Unwarrantable Failure • Unwarrantability is a negligence determination. • Factors caused by a high degree of negligence or reckless disregard are evaluated by the inspector for an unwarrantable failure to comply determination.

  32. 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.

  33. Section105(c) • 105(c) -- No discrimination against miners for protected activity.

  34. Assessments • Single Penalty • Regular Formula • Special Types

  35. Single Penalty Assessment • Computer-generated • Flat $55 • 104(a) non-S&S Citations That Are Timely Abated • No Excessive History of Violations X $60 Note: Timely Abated Means: “Terminated Within the Time Set by the Issuing Inspector”

  36. Regular Assessment • Computer-generated • Orders and 104(d) Citations • 104(a) S&S Citations • 104(a) non-S&S Citations Not Qualifying for Single Penalty • If Timely Abated - 30% Reduction in Penalty • If Not Timely Abated - 10 Additional Penalty Points • Range $66 - $55,000 X X X $60,000

  37. Penalty Conversion Table Points Penalty ($) 20 or fewer . . . . . . . . . . . . . . . . . . 66 30. . . . . . . . . . . . . . . . . . . . . . . . . . 149 40. . . . . . . . . . . . . . . . . . . . . . . . . . 297 50. . . . . . . . . . . . . . . . . . . . . . . . . . 796 60. . . . . . . . . . . . . . . . . . . . . . . . . . 2,796 70. . . . . . . . . . . . . . . . . . . . . . . . . . 5,500 80. . . . . . . . . . . . . . . . . . . . . . . . . . 9,350 Points Penalty($) 81. . . . . . . . . . . . . . . . . . . . . . . . . . 10,450 82. . . . . . . . . . . . . . . . . . . . . . . . . . 11,550 83. . . . . . . . . . . . . . . . . . . . . . . . . . 12,650 84. . . . . . . . . . . . . . . . . . . . . . . . . . 13,750 85. . . . . . . . . . . . . . . . . . . . . . . . . . 14,850 86. . . . . . . . . . . . . . . . . . . . . . . . . . 16,500 87. . . . . . . . . . . . . . . . . . . . . . . . . . 18,700 88. . . . . . . . . . . . . . . . . . . . . . . . . . 20,900 89. . . . . . . . . . . . . . . . . . . . . . . . . . 23,100 90. . . . . . . . . . . . . . . . . . . . . . . . . . 25,300 91. . . . . . . . . . . . . . . . . . . . . . . . . . 27,500 92. . . . . . . . . . . . . . . . . . . . . . . . . . 30,250 93. . . . . . . . . . . . . . . . . . . . . . . . . . 33,000 94. . . . . . . . . . . . . . . . . . . . . . . . . . 35,750 95. . . . . . . . . . . . . . . . . . . . . . . . . . 38,500 96. . . . . . . . . . . . . . . . . . . . . . . . . . 41,250 97. . . . . . . . . . . . . . . . . . . . . . . . . . 44,000 98. . . . . . . . . . . . . . . . . . . . . . . . . . 46,750 99. . . . . . . . . . . . . . . . . . . . . . . . . . 49,500 100 . . . . . . . . . . . . . . . . . . . . . . . . . 55,000

  38. Special Assessment • No Fixed Formula • Serious Violations • Use Six Assessment Criteria • History of Previous Violations • Size of Operator’s Business • Negligence of the Operator • Gravity of the Violation • Good Faith • Ability to Continue in Business

  39. Violations Considered for Special Assessment • fatalities and serious injuries • unwarrantable failure • operating in defiance of a closure order • denial of right of entry • individuals liable under Section 110c of the Mine Act • imminent danger • acts of discrimination under Section 105c of the Mine Act • extraordinarily high negligence, gravity, or other unique aggravating circumstances

  40. Examples for Discussion

  41. Example: Guard Missing on Conveyor Belt Drive • Belt Not Running • No One Working in Area • Violation Immediately Corrected • 104(a) Non-S&S Citation, Timely Abated • Single Penalty Assessment • Without Timely Abatement, Regular Assessment

  42. Example: Guard Missing on Conveyor Belt Drive • Belt Not Running • No One Working in Area • Violation Immediately Corrected • 104(a) Non-S&S Citation, Timely Abated • No Excessive History of Violations • Single Penalty Assessment $60

  43. Example: Guard Missing on Conveyor Belt Drive • Belt Not Running • No One Working in Area • 104(a) Non-S&S Citation • Without Timely Abatement (104b Order) = Regular Assessment $1,247

  44. Example: Guard Missing on Conveyor Belt Drive • Belt Not Running • No One Working in Area • 104(a) Non-S&S Citation, Timely Abated • Excessive History of Violations $872

  45. Example 1 - 104(a) Non - S&S Citation Timely Abated Not Timely Abated Timely Abated But CriterionPenalty PointsPenalty PointsWith Excessive History Mine Size Co. Size History Likelihood Severity # Persons Negligence Good Faith Total Penalty 30% Red. Final Penalty 5 3 10 2 7 1 15 0 NA $60 NA $60 5 3 10 2 7 1 15 10 53 $1,247 None $1,247 5 3 20 2 7 1 15 0 53 $1,247 -$375 $872

  46. Example: Guard Missing on Conveyor Belt Drive • Belt Running • Employee Shoveling Beneath Belt Drive • 104(a) S&S Citation, Timely Abated • Regular Assessment, 30% Good Faith Reduction

  47. Example: Guard Missing on Conveyor Belt Drive • Belt Running • Employee Shoveling Beneath Belt Drive • 104(a) S&S Citation, Timely Abated • Regular Assessment, 30% Good Faith Reduction $317

  48. Example: Guard Missing on Conveyor Belt Drive • Belt Running • Employee Shoveling Beneath Belt Drive • 104(a) S&S Citation • Without Timely Abatement (104b Order) = Regular Assessment; No 30% Reduction; Additional 10 Penalty Points $1,815

  49. Example 2 - 104(a) - S&S Citation Regular Assessment Timely Abated Not Timely Abated CriterionPenalty PointsPenalty Points Mine Size Co. Size History Likelihood Severity # Persons Negligence Good Faith Total Penalty 30% Red. Final Penalty 5 3 10 5 7 1 15 0 46 $453 $136 $317 5 3 10 5 7 1 15 10 56 $1,815 None $1,815

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