This email was forwarded to $afepro from an Aggregates Operator.
"TO: Association List (Name removed by $afepro to protect Assoc. members from possible agency harassment)
Cc: 'Handshoe, Billy R - MSHA'Subject: Truckers Entering Aggregates Operations
Importance: High
This “trucker” issue is a hot one at the moment and is an agenda item at
our ASSOC/MSHA Safety Seminar on March **, 2011 in
Bill Handshoe, MSHA ************* Field Office Supervisor, called this morning to bring me up to date on the “trucker” issue.
"Truckers entering an aggregates operation and going directly to a stockpile will need site specific training. Truckers entering an aggregates operation and going into the pit to get a load of shot rock on a frequent and recurring basis will require miner training or must be escorted in and out of the pit to avoid the miner training. It is the intention of the MSHA’s ************* Field Office to apply this interpretation to all aggregate operations in the state."
If you have any questions please give me a call.
Thanks.
Association Director" (Scroll down: Analysis and recommendations follow)
The Part 30 CFR Part 46 regulation is very specific in excluding customer and over-the-road trucks from training requirements other than Site Specific Hazard Awareness Training! None of MSHA’s field or district offices have the authority to interpret how Law will be enforced. The Constitution of the United States specifically gives that authority to the U. S. Courts and the judges appointed to them.
"30 CFR 46.2 (h) “Mining Operations” Mining operations means mine development, drilling, blasting, extraction, milling, crushing, screening, or sizing of minerals at a mine; maintenance and repair of mining equipment; and associated haulage of materials within the mine from these activities."
As to the alleged training requirement change,it sounds like a distinction without a difference. Under 30 CFR 46.2 these customer truckers are not miners and require only site-specific training as long as they are getting loaded (whether from the stockpile or the pit) and then exiting the mine. The Training Regulation is specific that only truckers who haul material around within the mine need comprehensive (New Miner, Newly Hired Experienced Miner, & Refresher) training. Also be aware that MSHA cannot change regulations at any level without following the proper rulemaking procedures , having public hearings, acquainting the Industry with its rule change intent and taking comments on proposed changes.a
It would be wise to refresh on the information contained in the "MSHA has no citation/order quota" PIL below and to hold the inspectors to the instructions given in the letter.thought it would be helpful to refresh on the information containedm alsoII
PIL NO. 110-V-17 "Procedure Instructions
MSHA's enforcement goals are based solely on its mandate to carry out the
provisions of the federal Mine Safety and Health Act of 1977 (Mine Act),
as amended by the Mine Improvement and New Emergency Response Act of
2006 (MINER Act). Consistent with the agency’s mission to prevent the existence
of unsafe and unhealthful practices and conditions in the Nation's mines,
all enforcement actions are taken to eliminate hazardous conditions detected
on mine property or to respond to detected violations of legal requirements
imposed by the Mine Act and MSHA standards and regulations. No
other basis for an enforcement action is authorized by MSHA, and the
agency does not
have a quota directive requiring inspectors to issue a minimum number
of citations per inspection hour. To that end, all MSHA enforcement personnel
are hereby reminded that historical enforcement data maintained by MSHA
are not intended to be used to establish a minimum level of enforcement. Additionally,
citations and orders issued for violations of mandatory safety and health
standards and regulations are to be based on observations made
or information gathered in the course of conducting an inspection or
investigation.
$afepro