Something that many in the Industry have misunderstood is that The Mine Safety and Health Act of 1977 mandates that the safety of Miners/Quarrymen is the total responsibility of the Production Operator (the Company, its Managers, Supervisors and Agents) and not MSHA! This agency is spelled out in The Act as an "enforcement agency" and not as The Industry's "federal safety officers". Because of this misunderstanding on the part of many in the Production Industry, many Firms are relying upon MSHA to give them the advice that makes their sites in compliance with the Law. Due to this misapprehension many Companies, large and small, are finding that their failure to take their legal responsibility under federal law is very costly.
Confusion results because inspectors' compliance demands seem to change with every inspection. These sites find themselves unable to meet MSHA's fluctuating requirements. This is resulting in millions being spent by the firms on fines paid for flawed or made-up citations, unneeded abatements of fictional hazards, increased insurance costs, etc. For some, this has been their reason for going out of business.
MSHA has no motivation to change. It reminds the congress that in this recessionary economy they are a revenue-producing agency ergo it earns its own keep.
Based upon the 16 Principles of $afe Production successfully incorporated by many thriving firms into their business plans. $afepro has developed a plan with input from large and small companies, in particular,

The Principles:
2. Management has the responsibility to establish and enforce policies.

4. The person exposed to a hazard is the expert as to whether or not he proceeds with the task.

7. No person may be put into a position of choosing between following an unsafe order or safely earning a living for his family.

8. No one has the right to have an accident.

12. The primary responsibility of each person is his personal safety and he has no right to compromise it.

15. Breaking the Law is not an option.

16. $afe Production is doing the right thing because it is the right thing to do.

Click for The 16 Principles of $afe Production.

This Plan is for the Industry's comsideration. Adoption of this plan should quickly remove the causes of injuries and give primary control of compliance to the Firms using it. $afepro welcomes your feedback or questions relative to using this plan! Our email address is fadkins@safeproinc.com.

 

The Tactical Compliance Plan

I - Identify and remove all hazards to people.

A - Dedicate at least one day(s) for "all hands" to identify and remove or repair all conditions which could reasonably cause injuries. Resume production when the hazards are removed or repaired.

1- Communicate to the people that a safe workplace is the responsibility of and the primary job requirement for all employees.

2- Investigation for hazards will be done at the beginning of each shift.

B - Identifying hazards and removing or repairing them begins now.

1- An examination for hazards and their removal will be done at the beginning of each shift.

2- The workplace examination required by 56/57.18002 will be done by the competent person examiner each shift.

C- Any removal or repairs that you can do yourself, do it. What you cannot do safely yourself or requires special skills and/or tools must be reported to your supervisor.

1- Hazards reported to managers and supervisors will be immediately investigated by them and appropriate action taken.

2- Lying about hazards and the action to remove them will result in disciplinary measures.

D - Advise every one of the disciplinary policies and consequences for those who fail to regard personal and the safety of others as the major components of employment.

1- All injuries and citations relative to hazards will be investigated and complicity in either may result in disciplinary measures by the company.

2- Production work is not to be done where there is an identified hazard in the production process.

3- Production work resumes when the hazard has been removed or repaired.

4- Hazards not repaired or removed shall be barricaded and warning signs posted to signify a potential danger zone.

5- Production shall never occur at the expense of a person's safety.

6- No one, regardless of job title or position, has the authority to require a person to work in a hazardous situation.

7- Intimidation and vague threats by managers and supervisors will not be tolerated.

8- Failure to report accidents/injuries will result in disciplinary measures.

9- No person, hourly or salaried, shall ignore another employee who is working unsafely. Any person who knowingly allows another employee to engage in an unsafe practice is subject to disciplinary actions.

II - Continue to remove/repair hazards to people as they occur.