Transcript Mine Health and Safety Act - Supplemental Teaching Resources

Organization of 30 CFR
The Mine Health and Safety Act
The MSHA Guidance Sections, Parts A, B, P, Q
©Feb 2003 Dr. Bradley C Paul
Structure of CFR 30
• Chapter A just establishes MSHA’s logo and
paper work requirements
• Devices used in mines, especially
underground coal mines must be tested and
approved for safety
– Mechanism for determining safety and basic
safety considerations are found in Chapter B
The Executioner
• Chapter P proscribes the Civil Penalties for
Violations of the Act
– MSHA uses a triangle of methods to make
safety a part of Mining Culture
• Education and Training
• Providing Technical Assistance
• Kicking peoples heinies up around their ears
Taking Action Now
• Mine Inspectors observing conditions that are
immediately life threatening
– Section 107(a) Imminent Danger Order
– Shuts down and pulls people out immediately
• Must be imminent danger that will kill or injure in a short time
(or reasonable could)
• If accident has occurred MSHA can issue a
Section 103(k) order {Also called K order}
– Evacuates any area or whole mine until investigation
can confirm hazard has been abated.
– Must believe the condition still exists or could exist
Other Orders
• MSHA can take over the investigation or
rescue with a J order
– Seldom used.
Most Violations are Called 104(a)
• Regular Penalty Assessment
– Filed Against the mine operator – up to $60,000 per
violation (effective Feb 13, 2003)
– Each violation (may be same violation caught on
different days) may be fined separately
• Single Penalty Assessment
– Can get penalty cut to $60
• If get things fixed as fast as inspector asks
• If few violations in last two years
– Less than 10 home free
– Less than 20 probably ok
How to Gage a Regular Assessment
• Penalty Severity is a function of
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Size of the Business
Previous History
Operator Negligence
Gravity of Violation
Operator Good Faith in Rapid Correction
Ability of the Operator to Continue in Business
• Each of the Factors is assessed using a formula
table
• Points are all added up and then converted into a $
amount
The Size of Business Factor
• Coal Operations are Assessed based on
Tonnage
– Based on Tonnage of Mine
– And Tonnage Controlled by Operator
• (ie Consol get nailed harder than Moes Coals)
• Metal Mines and Independent Contractors
are Assessed based on Employee Hours
Worked
– Also Consider both size of mine and controlling
entity
Coal Mine Business Size
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<15,000 tpy = 0 points
<30,000 tpy = 1 point
<50,000 tpy = 2 points
<100,000 tpy = 3 points
<200,000 tpy = 4 points
<300,000 tpy = 5 points
<500,000 tpy = 6 points
<800,000 tpy = 7 points
<1,100,000 tpy = 8 points
<2,000,000 tpy = 9 points
>2 million tpy = 10 points
Controlling Company Size (Coal Mines)
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<100,000 tpy = 0 points
<700,000 tpy = 1 point
<1,500,000 tpy = 2 points
<5,000,000 tpy = 3 points
<10,000,000 tpy = 4 points
>10 million tpy = 5 points
Note a big company can rack-up 15 points
The Case of the Metal Mine
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<10,000 hrs/yr worked = 0 points
<20,000 hrs/yr = 1 points
<30,000 hrs/yr = 2 points
<60,000 hrs/yr = 3 points
<100,000 hrs/yr = 4 points
<200,000 = 5 points
<300,000 = 6 points
<500,000 = 7 points
<700,000 = 8 points
<1,000,0000 = 9 points
>1 Million hrs/ yr = 10 points
Parent Metal Mining Company
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<60,000 hrs/yr = 0 points
<400,000 hrs/yr = 1 point
<900,000 hrs/yr = 2 points
<3,000,000 hrs/yr = 3 points
<6,000,000 hrs/yr = 4 points
> 6 million hrs/yr = 5 points
Note that big Metal companies can get 15 points
also
The Case of the Contractor
• Some Mining Companies hire independent
contractors to handle actual mining operation
– Others use for specialty projects such as shaft sinking
or construction projects
• Independent Contractors usually fined as
individual entity
– Have the same schedule as metal mines in terms of
hours worked
• There is no check for parent company size
– Thus Independent Contractors can only accumulate 10
points under size of operation criteria
Previous History
• For Mine Operator (Coal or Metal)
– Basis is the average number of violations per inspection day during
previous 24 months
• Only those that are settled and paid count
– The Table
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<0.3 = 0 points
<0.5 = 2 points
<0.7 = 4 points
<0.9 = 6 points
<1.1 = 8 points
<1.3 = 10 points
<1.5 = 12 points
<1.7 = 14 points
<1.9 = 16 points
<2.1 = 18 points
>2.1 = 20 points
History for Independent Contractors
• Based on total number of violations for all operations
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1 to 5 = 0 points
6 to 10 = 2 points
11 to 15 = 4 points
16 to 20 = 6 points
21 to 25 = 8 points
26 to 30 = 10 points
31 to 35 = 12 points
36 to 40 = 14 points
41 to 45 = 16 points
46 to 50 = 18 points
>50 = 20 points
Degree of Negligence
• Assessed up to 25 points
– (No Negligence) Operator was diligent and could not
have known 0 points
– (Low Negligence) Operator knew (or should have
known) but there were a lot of mitigating circumstances
10 points
– (Moderate Negligence) Operator knew (or should have)
but there are mitigating circumstances = 15 points
– (High Negligence) Operator knew (or should have) and
there is no excuse = 20 points
– (Reckless Disregard) Operator didn’t care in the
slightest = 25 points
Gravity and Seriousness
• Up to 30 points are calculated from the tables below
– Likelihood of Occurrence
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No likelihood = 0 points
Unlikely = 2 points
Reasonably Likely = 5 points
Highly Likely = 7 points
Occurred = 10 points
– Severity of injury if Occurred or if it Occurred
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No lost work days = 0 points
Cause 1 or more lost work days or restricted duty = 3 points
Permanently Disables a part or function of the body = 7 points
Did or reasonably likely to cause death = 10 points
Gravity Table #3
• Number of People Potentially Affected
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0 People = 0 Points
1 Person = 1 Point
2 Persons = 2 Points
3 Persons = 4 Points
4 to 5 Persons = 6 Points
6 to 9 Persons = 8 Points
10 or more = 10 Points
Good Faith of Operator
• Operator Abates the violation in time set by
the inspector
– Give a 30% discount on fine
• Operator does not abate the violation in
time set by the inspector
– Wack the disobedient sucker with another 10
points
Totaling Up a Regular Assessment
• Add up all the points for the violation and convert to $
with the table below
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<21 points = $72
21 points = $80
22 points = $87
23 points = $94
24 points = $101
25 points = $109
26 points = $120
27 points = $131
28 points = $142
29 points = $153
30 points = $164
31 points = $178
32 points = $193
33 points = $207
34 points = $221
35 points = $234
36 points = $254
37 points = $273
38 points = $291
39 points = $310
40 points = $327
41 points = $354
The Fines Steepen
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42 points = $383
43 points = $409
44 points = $437
45 points = $463
46 points = $500
47 points = $536
48 points = $629
49 point = $749
50 points = $878
51 points = $1033
52 points = $1198
53 points = $1376
54 points = $1566
55 points = $1769
56 points = $2003
57 points = $2252
58 points = $2515
59 points = $2793
60 points = $3086
61 points = $3419
62 points = $3770
63 points = $4137
64 points = $4521
65 points = $4856
66 points = $5099
67 points = $5342
Stiffening the Mix
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68 points = $5585
69 points = $5828
70 points = $6071
71 points = $6374
72 points = $6678
73 points = $6981
74 points = $7285
75 points = $7588
76 points = $7892
77 points = $8499
78 points = $9106
79 points = $9713
80 points = $10321
81 points = $11535
82 points = $12794
83 points =$13963
84 points = $15177
85 points = $16392
86 points = $18213
87 points = $20642
88 points = $23070
89 points = $25498
90 points = $27927
91 points = $30355
92 points = $33391
93 points = $36427
Maxing Out
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94 points = $39462
95 points = $42498
96 points = $45533
97 points = $48569
98 points = $51605
99 points = $54640
100 points = $60000
Dealing With People Who Don’t Get It
• People who do not abate 104(a) in a timely
manner
– Obviously they get hit with extra points and
cost
– If no good reason to extend time they issue a
104(b) order – The B order
• Pulls miners out of mine or area until the condition
is fixed
Special Assessments for Knotty Boys
• Reserved for special aggravating circumstances
and non-submissive actions
– Involved death or serious injury (and MSHA is ticked
or under political pressure)
– Hurting the MSHA reps feelings by not letting him/her
do the inspection when they wanted
– Violations where an individual is personally liable
– Violations involving imminent danger
– Discriminating against squealers
– Extraordinary negligence
Can be Focused on Individual
• Special Assessments
– $6,500 per day per violation
• Can Go After Individual
– $275 for individual miners who carry smoking
materials with them
– Penalties can also be against individuals
Unwarranted Failure to Comply
• More than being stupid careless – defiant
– Ran mine when shut down
– Ignored an imminent danger order
– Ignored other order and suggested MSHA take
a spin on their middle finger
• 104(d) order
Chapter Q – A Pattern of Violations {104(e)
orders}
• A pattern exists if
– Significant and substantial violations
• Mine got closed down a bunch
• Lots of imminent danger orders
– Lots Enforcement Actions
• Also lack of good faith in correcting
– A bad accident and injury record
• If determined have to post notice of the pattern
and the violations
– Also for sure on their list
Life Under 104(e)
• MSHA monitors whether a pattern is developing
– Issues a potential pattern of violations notice
• If criteria are met MSHA issues a Final Pattern of
Violations notice
• Have to post notice on boards
• For next 90 days if inspection finds any significant or
substantial violation
– Issue 104(e)(1) order – evacuate area
– Can keep going through the mine issuing 104(e)(1) orders
– Shut down until abated
• You stay on notice till your conduct determines that MSHA
can issue a termination order for the pattern
Just in Case
• If something dangerous but not covered by
regs (maybe unique to the mine)
– Section 314(b) notice – orders them to provide
a safeguard
• Pretty much restricted to haulage and
hoisting in coal.