Living with Rules to Live By III in M/NM

30 CFR § 46.7
New task training
.

(a) 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.

(b) If a change occurs in a miner's assigned task that affects the health and safety risks encountered by the miner, you must provide the miner with training under paragraph (a) of this section that addresses the change.

(c) You are not required to provide new task training under paragraphs (a) and (b) of this section to miners who have received training in a similar task or who have previous work experience in the task, and who can demonstrate the necessary skills to perform the task in a safe and healthful manner. To determine whether task training under this section is required, you must observe that the miner can perform the task in a safe and healthful manner.

(d) Practice under the close observation of a competent person may be used to fulfill the requirement for task training under this section, if hazard recognition training specific to the assigned task is given before the miner performs the task.

(e) Training provided under this section may be credited toward new miner training, as appropriate.

“ (Before Inspection Procedures Protecting You) 1” Recommendations:

1. Evaluate each Quarryman/Miner to see if they are performing their tasks in a safe and healthful manner.

2. If you observe a Quarryman/Miner who is not performing to your satisfaction, retrain him in the unsatisfactory areas!

3. Make a record that you observed the miner, your conclusion and date. (any way you choose to record it.

4. If you train or retrain fill out your approved training record and place it in his training records.

5. Evaluate any citation issued under the 30 CFR § 46.7 training regulation for Applicable standard, Particularity, Gravity and Negligence.

6. Formally contest citations you don’t agree with using your lawyer!

30 CFR § 56.3130
Wall, bank, and slope stability.


MINING METHODS

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.

56.3130 Wall, Bank, and Slope Stability – PPM VOL. IV
This standard requires that mining methods that will maintain wall, bank, and slope stability shall be used in places where persons work or travel in performing their assigned tasks.

Consistent with this standard, MSHA requires that a bench located immediately above the area where miners work or travel be maintained in a condition adequate to retain material that may slide, ravel, or slough onto the bench from the wall, bank, or slope. However, there may be instances in which the ground conditions at a mine present a particular hazard. In such situations, more than one bench above the area where miners work or travel must be maintained in a condition adequate to retain material that may come onto the bench from the wall, bank, or slope. It is normally expected that one bench will be so maintained, but if more than one bench above the area where miners work or travel is necessary, only the number of benches necessary to provide adequate protection will be required to be maintained.

A bench may be considered adequate even if material has accumulated on the bench. In determining whether a bench with material accumulated on it is adequate, consideration shall be given, but not limited to the following factors: (a) the method of mining; (2) the amount of material on the bench; (3) the amount and rate of material coming onto the bench; (4) the angle of the bank, wall, or slope, particularly if it is close to the angle of repose; (5) the composition of the wall, bank, or slope; and (6) the configuration of the bench.

If the bench immediately above an area where miners work or travel is no longer adequate to catch material, and sending miners and equipment onto the bench to clean it presents a greater hazard than raveling or sloughing, cleaning is not appropriate. Examples of such circumstances may be were there are concerns about the stability of the bench itself, concerns that removal of material from the bench would destabilize the slope immediately above the bench, or concerns that the equipment could overtravel the edge of the bench. Where the bench cannot be safely cleaned, other measures shall be taken to protect miners. Other measures may include placing a berm at the base of the wall, bank, or slope to prevent the overtravel of material into the area where miners work or travel or ceasing mining in the affected area.

30 CFR § 56.3200
Correction of hazardous conditions.


SCALING AND SUPPORT

Ground conditions that create a hazard to persons shall be taken down or supported before other work or travel is permitted in the affected area. Until corrective work is completed, the area shall be posted with a warning against entry and, when left unattended, a barrier shall be installed to impede unauthorized entry.

56/57.3200 Correction of Hazardous Conditions - PPM Vol. IV
This standard prohibits work or travel, other than corrective work, in areas where hazardous ground conditions exist. Posting of a warning against entry is required until corrective work is completed if workers could enter the area inadvertently. In addition, barriers are required if the area is left unattended prior to the completion of the corrective work. The mode of travel in the area must be evaluated to determine what type of barrier is appropriate to "impede" unauthorized entry. Examples of barriers would be piles of muck, piles of large boulders or a timber barricade. These barriers would have openings to allow access for persons who are correcting the hazardous conditions. These posting and barrier requirements do not apply to underground face areas under development where the corrective work is performed on a continuing basis as a part of the mining cycle, and the only workers exposed are those engaged in the corrective activity.

Recommendations: § 56.3130 and § 56.3200

1. Require your most experienced Managers, Supervisors and Quarrymen/Miners to immediately examine “ground conditions” in each “working area” of the mine or quarry including haulroads. (See 30 CFR 56.2 for “working place definition)

2. Barricade any areas where identified hazards ie. loose material, hanging material, damaged, improper, or missing berms, etc.

3. Repair/scale down ground hazards.

4. Repair berms and maintain where necessary.

5. Evaluate any citation issued under both 30 CFR § 56.3130 and § 56.3200 standards for Applicable standard, Particularity, Gravity and Negligence.

6. Formally contest citations you don’t agree with using your lawyer!

30 CFR § 56.14100
Safety defects; examination, correction and records.

(b) Defects on any equipment, machinery, and tools that affect safety shall be corrected in a timely manner to prevent the creation of a hazard to persons.

( There is no Policy directly applicable to 56.14100 (b). The Standard (particularly 56.14100 (b) ) does not define “timely manner” or delineate whether this paragraph references only tools necessarily carried on the mobile equipment or any tool found on site.)

It is unconstitutionally vague.)

Recommendations: § 56.14100

1. Evaluate any citation issued under 30 CFR § 56.14100 (b) for Applicable standard, Particularity, Gravity, Negligence, and Constitutional Clarity.

2. Formally contest citations you don’t agree with using your lawyer!

3. Formally contest citations dealing with the inspector's evaluation of “timely manner” through your lawyer!

30 CFR § 56.15020
Life jackets and belts.


Life jackets or belts shall be worn where there is danger from falling into water.

There is no enforcement policy for this standard.

Recommendations: § 56.15020

1. Inspect any workboats for life jackets in good condition and for proper number for Miners using the workboat.

2. Inspect dredges for proper number and condition of life jackets.

3. Evaluate the job assignments dredge and dragline operators for tasks which may present water hazards and any jobs requiring being around water (rivers, ponds, etc.).

4. Evaluate the potential hazards with walkways and stairs adjacentt to water.

5. Have a written policy requiring evaluation of water hazards and training for the inspection and use of life jackets around identified water hazards.

6. Evaluate any citation issued under 30 CFR § 56.15020 for Applicable standard, Particularity, Gravity , and Negligence.

7. Formally contest citations you don’t agree with using your lawyer!