Karen Johnston at Jackson Kelly PLLC advises us that on January 27, 2010, Joseph A. (Joe) Main, Assistant Secretary of Labour for Mine Safety and Health, and MSHA unveiled an upcoming enforcement program to prevent fatalities within the industry. The program will be titled “Prevent Fatalities – Rules to Live By.“  MSHA plans to start implementation of the program on March 15. MSHA has developed a system of what it is calling ‘Priority Standards’ to be adhered to.

Under the program, there will be more focused attention and enforcement during inspections to ensure that operators are in compliance with the Priority Standards.  If a violation of a Priority Standard is found, the inspector will consider the mine’s history of compliance with that specific standard during the preceding 24 months and the seriousness of the violation when evaluating gravity and negligence. A violation will also be reviewed for special assessment. This additional analysis will be required by the inspection software used by all inspectors.

To determine which standards would receive emphasis under the program, MSHA analysed fatality data from 2000-2008 to identify the conditions and regulations that relate to the underlying cause of fatalities in the coal and metal/nonmetal sectors. This analysis identified 24 Priority Standards, 13 in metal/nonmetal and 11 in coal, as a significant contributing factor in 45% of the fatalities that occurred during the analysis period.  The Priority Standards are as follows:

Priority Standards for Metal/Nonmetal:

1.                   Operating speeds and control of equipment – 56.9101.

2.                   Work on power circuits – 56.12017.

3.                   Brake performance – 56.14101(a).

4.                   Procedures during repairs or maintenance – 56.14105.

5.                   Seat belts shall be worn by equipment operators – 56.14130(g).

6.                   Seat belts shall be provided and worn in haul trucks – 56.14131(a).

7.                   Machinery, equipment, and tools used beyond design – 56.14205.

8.                   Parking procedures for unattended equipment – 56.14207

9.                   Safety belts and lines – 56.15005.

10.               Bins, hoppers, silos, tanks, and surge piles – 56.16002(c).

11.               Persons shall stay clear of suspended loads – 56.16009.

12.               Barricades and warning signs – 56.20011.

13.               Ground support use – 57.3360.

Priority Standards for coal:

1.                   Protection from falls of roof, face and ribs  – 75.202.

2.                   Roof control plan – 75.220(a)(1).

3.                   Low-, medium-, or high-voltage distribution circuits or equipment; repair – 75.511.

4.                   Off-track haulage roadways shall be maintained – 75.1403-10(i).

5.                   Equipment shall be maintained in safe operating condition or, removed from service – 75.1725(a).

6.                   No repairs until power off and blocked – 75.1725(c).

7.                   No repairs or maintenance shall be performed until the power is off and machinery is blocked – 77.404(c).

8.                   All persons shall be clear before starting or moving equipment – 77.1607(g).

9.                   Mobile equipment shall not be left unattended unless brakes are set, chocked – 77.1607(n).

10.               Safety belts and lines shall be used where there is a danger of falling – 77.1710(g).

11.               Seatbelts shall be worn in a vehicle where there is a danger of overturning and where roll protection is provided – 77.1710(i).

MSHA has indicated that it will be launching a website regarding thePrevent Fatalities – Rules to Live By program soon. In addition, the agency is planning two information sessions to maximise stakeholder knowledge and understating of the initiative. The first will be held on February 11, 2010, in Austin, Texas.  A second information session is planned to take place in Charleston, West Virginia, on a date to be announced.