MSHA March 15 Enforcement Initiative

Use this information to be ready for inspection. The fines for expecting this to be a "fair and equitable enforcement proceeding" will be enormous!

Rules To Live By Inspector Training

(when you click, you will go to MSHA Home Page, Scroll down to Highlights and click on "Rules to Live By Initiative"- scroll to "Resources and click on Inspector on-line Training".)

Register for May 10-14 LAW Institute.

MSHA rolled out a new enforcement initiative on March 15th, addressing a number of standards that they maintain are causing fatalities: 56.9091, 56.12017, 56.14101(a), 56.14105, 56.14130, 56.14131, 56.14205, 56.14207, 56.15005, 56.16002(c), 56.16009, 56.20011, and 57.3360. Inspectors are being trained to focus on these issues and they will be enforced as "priority standards of focused enforcement" (this may mean inspections beyond the normal "2s and 4s" and will definitely mean S&S citations written with high negligence and "permanently disabling or fatal. These citations can well lead to "flagrant violations with maximum fines of $220,000.00". $afepro expects a large increase in "104d citations" issued on the above listed standards!

MSHA has disseminated the information to some mining organizations as a method of providing "notice" to members (by inference) in order to eliminate fair notice/due process defenses."

It behooves each site to examine areas , equipment, and machinery covered by the targeted standards and make certain they meet the requirement of the standard and the nationally published enforcement policy.

Sharpe's Point published a full report on the Enforcement Initiative in its February issue and it was used as an instruction aid at the Feb. Institute .

I have posted the Standards and Policy that will be closely examined by the inspectors.

 

 Standards and Enforcement Policy as of 3/03/2010

56.9101 Operating speeds and control of equipment

Operators of self-propelled mobile equipment shall maintain control of the equipment while it is in motion. Operating speeds shall be consistent with conditions of roadways, tracks, grades, clearance, visibility, and traffic, and the type of equipment used.

56.12017 Work on power circuits

Power circuits shall be deenergized before work is done on such circuits unless hot-line tools are used. Suitable warning signs shall be posted by the individuals who are to do the work. Switches shall be locked out or other measures taken which shall prevent the power circuits from being energized without the knowledge of the individuals working on them. Such locks, signs, or preventative devices shall be removed only by the person who installed them or by authorized personnel.

56.14101 Brakes.

(a) Minimum requirements. (1) Self-propelled mobile equipment shall be equipped with a service brake system capable of stopping and holding the equipment with its typical load on the maximum grade it travels. This standard does not apply to equipment which is not originally equipped with brakes unless the manner in which the equipment is being operated requires the use of brakes for safe operation. This standard does not apply to rail equipment.

(2) If equipped on self-propelled mobile equipment, parking brakes shall be capable of holding the equipment with its typical load on the maximum grade it travels.

(3) All braking systems installed on the equipment shall be maintained in functional condition.

(b) Testing. (1) Service brake tests shall be conducted when an MSHA inspector has reasonable cause to believe that the service brake system does not function as required, unless the mine operator removes the equipment from service for the appropriate repair;
 

(2) The performance of the service brakes shall be evaluated according to Table M-1. 

                                 Table M-1

 +---------------------------+------------------------------------------------------------+
 |                           |                Equipment speed, MPH                        |
 | Gross vehicle weight lbs. |-----|-----|-----|-----|-----|------|------|------|------|------|------|
 |                           | 10 | 11 | 12 | 13 | 14 |  15 |  16 |  17 |  18 |  19 |  20 |
 +---------------------------+----+----+----+----+----+-----+-----+-----+-----+-----+-----+
 |                                    Service Brake Maximum Stopping Distance--Feet       |
 +---------------------------+----+----+----+----+----+-----+-----+-----+-----+-----+-----+
 | 0-36000...................| 34 | 38 | 43 | 48 | 53 |  59 |  64 |  70 |  76 |  83 |  89 |
 | 36000-70000...............| 41 | 46 | 52 | 58 | 62 |  70 |  76 |  83 |  90 |  97 | 104 |
 | 70000-140000..............| 48 | 54 | 61 | 67 | 74 |  81 |  88 |  95 | 103 | 111 | 119 |
 | 140000-250000.............| 56 | 62 | 69 | 77 | 84 |  92 | 100 | 108 | 116 | 125 | 133 |
 | 250000-400000.............| 59 | 66 | 74 | 81 | 89 |  97 | 105 | 114 | 123 | 132 | 141 |
 | Over 400000...............| 63 | 71 | 78 | 86 | 94 | 103 | 111 | 120 | 129 | 139 | 148 |
 +---------------------------+----+----+----+----+----+-----+-----+-----+-----+-----+-----+

Stopping distances are computed using a constant deceleration of 9.66 FPS(super)2 and system response response times of .5.1, 1.5, 2, 2.25 and 2.5 seconds for each increasing weight category respectively. Stopping distance values include a one-second operator response time. 

 TABLE M-2.--THE SPEED OF A VEHICLE CAN BE DETERMINED BY CLOCKING
      IT THROUGH A 100-FOOT MEASURED COURSE AT CONSTANT VELOCITY USING
      TABLE M-2. WHEN THE SERVICE BRAKES ARE APPLIED AT THE END OF THE
    COURSE, STOPPING DISTANCE CAN BE MEASURED AND COMPARED TO TABLE M-1.

 +-------------------------------------+-----+-----+-----+-----+-----+-----+-----+-----+-----+-----+-----+
 | Miles per hour                      |  10 | 11  | 12  | 13  | 14  | 15  | 16  | 17  | 18  | 19  | 20  |
 +-------------------------------------+-----+-----+-----+-----+-----+-----+-----+-----+-----+-----+-----+
 | Seconds Required to Travel 100 Feet | 6.8 | 6.2 | 5.7 | 5.2 | 4.9 | 4.5 | 4.3 | 4.0 | 3.8 | 3.6 | 3.4 |
 +-------------------------------------+-----+-----+-----+-----+-----+-----+-----+-----+-----+-----+-----

(3) Service brake tests shall be conducted under the direction of the mine operator in cooperation with an according to the instructions provided by the MSHA inspector as follows:

(i) Equipment capable of traveling at least 10 miles per hour shall be tested with a typical load for that particular piece of equipment. Front-end loaders shall be tested with the loader bucket empty. Equipment shall not be tested when carrying hazardous loads, such as explosives.

(ii) The approach shall be sufficient length to allow the equipment operator to reach and maintain a constant speed between 10 and 20 miles per hour prior to entering the 100 foot measured area. The constant speed shall be maintained up to the point when the equipment operator receives the signal to apply the brakes. The roadway shall be wide enought to accommodate the size of the equipment being tested. The ground shall be generally level, packed, and dry in the braking portion of the test course. Ground moisture may be present to the extent that it does not adversely affect the braking surface.

(iii) Braking is to be performed using only those braking systems, including auxiliary retarders, which are designed to bring the equipment to a stop under normal operating conditions. Parking or emergency (secondary) brakes are not to be actuated during the test.

(iv) The tests shall be conducted with the transmission in the gear appropriate for the speed the equipment is traveling except for equipment which is designed for the power train to be disengaged during braking.

(v) Testing speeds shall be a minimum of 10 miles per hour and a maximum of 20 miles per hour.

(vi) Stopping distances shall be measured from the point at which the equipment operator receives the signal to apply the service brakes to the final stopped position.
 


(4) Test results shall be evaluated as follows:

(i) If the initial test run is valid and the stopping distance does not exceed the corresponding stopping distance listed in Table 1, the performance of the service brakes shall be considered acceptable. For tests to be considered valid, the equipment shall not slide sideways or exhibit other lateral motion during the braking portion of the test.

(ii) If the equipment exceeds the maximum stopping distance in the initial test run, the mine operator may request from the inspector up to four additional test runs with two runs to be conducted in each direction. The performance of the service brakes shall be considered acceptable if the equipment does not exceed the maximum stopping distance on at least three of the additional tests.

(5) Where there is not an appropriate test site at the mine or the equipment is not capable or traveling at least 10 miles per hour, service brake tests will not be conducted. In such cases, the inspector will rely upon other available evidence to determine whether the service brake system meets the performance requirement of this standard.

[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988

 

MSHA Policy Manual Vol. IV 56/57.14101

(a) Brakes/Minimum Requirements
 Subsection (a) is divided into three parts. Part (1) of this subsection sets a minimum performance standard for service brake systems on self-propelled mobile equipment. Part (2) sets a minimum performance standard for parking brakes on self-propelled mobile equipment. Part (3) sets a maintenance standard for all braking systems on self-propelled mobile equipment.

Standard 56/57.14101(a)(1) should be cited if a service brake system is not capable of stopping and holding the equipment with its typical load on the maximum grade it travels.

Standard 56/57.14101(a)(2) should be cited if the parking brakes are not capable of holding the equipment with its typical load on the maximum grade it travels.

Standard 56/57.14101(a)(3) should be cited if a component or portion of any braking system on the equipment is not maintained in functional condition even though the braking system is in compliance with (1) and/or (2) above. It is important to note that if a component or portion of either system renders the equipment incapable of stopping or holding itself with its typical load on the maximum grade it travels, the appropriate standard, 56/57.14101(a)(1) or (2), should be cited.

Separate citations or orders should be issued if violations of 56/57.14101(a)(1) and 56/57.14101(a)(2) are found on the same piece of equipment.
 
 

56.14207 Parking procedures for unattended equipment.

Mobile equipment shall not be left unattended unless the controls are placed in the park position and the parking brake, if provided, is set. When parked on a grade, the wheels or tracks of mobile equipment shall be either chocked or turned into a bank.

56.14105 Procedures during repairs or maintenance

Repairs or maintenance of machinery or equipment shall be performed only after the power is off, and the machinery or equipment blocked against hazardous motion. Machinery or equipment motion or activation is permitted to the extent that adjustments or testing cannot be performed without motion or activation, provided that persons are effectively protected from hazardous motion.

56.14130 Roll-over protective structures (ROPS) and seat belts

(a) Equipment included. Roll-over protective structures (ROPS) and seat belts shall be installed on--

(1) Crawler tractors and crawler loaders;

(2) Graders;

(3) Wheel loaders and wheel tractors;

(4) The tractor portion of semi-mounted scrapers, dumpers, water wagons, bottom-dump wagons, rear-dump wagons, and towed fifth wheel attachments;

(5) Skid-steer loaders; and

(6) Agricultural tractors.

(b) ROPS construction. ROPS shall meet the requirements of the following Society of Automotive Engineers (SAE) publications, as applicable, which are incorporated by reference:

(1) SAE J1040, "Performance Criteria for Roll-Over Protective Structures (ROPS) for Construction, Earthmoving, Forestry, and Mining Machines,", 1986; or

(2) SAE J1194, "Roll-Over Protective Structures (ROPS) for Wheeled Agricultural Tractors", 1983.

(c) ROPS labelling. ROPS shall have a label permanently affixed to the structure identifying

(1) The manufacturer's name and address;

(2) The ROPS model number; and

(3) The make and model number of the equipment for which the ROPS is designed.

(d) ROPS installation. ROPS shall be installed on the equipment in accordance with the recommendations of the ROPS manufacturer.

(e) ROPS maintenance. (1) ROPS shall be maintained in a condition that meets the performance requirements applicable to the equipment. It the ROPS is subjected to roll-over a abnormal structural loading, the equipment manufacturer or a registered professional engineer with knowledge and experience in ROPS design shall recertify that the ROPS meets the applicable performance requirements before it is returned to service.

(2) Alterations or repairs on ROPS shall be performed only with approval from the ROPS manufacturer or under the instructions of a registered professional engineer with knowledge and experience in ROPS design. The manufacturer or engineer shall certify that the ROPS meets the applicable performance requirements.

(f) Exemptions. (1) This standard does not apply to--

(i) Self-propelled mobile equipment manufactured prior to July 1, 1969;

(ii) Over-the-road type tractors that pull trailers or vans on highways;

(iii) Equipment that is only operated by remote control; and

(2) Self-propelled mobile equipment manufactured prior to October 24, 1988, that is equipped with ROPS and seat belts that meet the installation and performance requirements of 30 CFR 56.9088 (1986 edition) shall be considered in compliance with paragraphs (b) and (h) of this section.

(g) Wearing seat belts. Seat belts shall be worn by the equipment operator except that when operating graders from a standing position, the grader operator shall wear safety lines and a harness in place of a seat belt.


(h) Seat belts construction. Seat belts required under this section shall meet the requirement of SAE J386, ``Operator Restraint System for Off-Road Work Machines'' (1985, 1993, or 1997), or SAE J1194, ``Roll- Over Protective Structures (ROPS) for Wheeled Agricultural Tractors'' (1983, 1989, 1994, or 1999), as applicable, which are incorporated by reference.

(i) Seat belt maintenance. Seat belts shall be maintained in functional condition, and replaced when necessary to assure proper performance.

(j) Publications. The incorporation by reference of these publications is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be examined at any Metal and Nonmetal Mine Safety and Health District Office; at MSHA's Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209- 3939; or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. Copies may be purchased from the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, Pennsylvania 15096-0001.

56.14131 Seat belts for haulage trucks.

(a) Seat belts shall be provided and worn in haulage trucks.

(b) Seat belts shall be maintained in functional condition, and replaced when necessary to assure proper performance.

(c) Seat belts required under this section shall meet the requirements of SAE J386, ``Operator Restraint System for Off-Road Work Machines'' (1985, 1993, or 1997), which are incorporated by reference.

(d) The incorporation by reference of these publications is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be examined at any Metal and Nonmetal Mine Safety and Health District Office; at MSHA's Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209-3939; or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. Copies may be purchased from the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, Pennsylvania 15096-0001. Manual

MSHA Policy Manual Vol. IV 56/57.14130 and 56/57.14131 Providing, Maintaining, and Wearing Seat Belts In an effort to reduce the severity of powered haulage accidents, district managers shall carefully consider the gravity and negligence of citations and orders issued for the failure to provide, maintain, or wear seat belts. Gravity: The failure to provide, maintain, or wear seat belts is a serious safety hazard and under most circumstances should be a significant and substantial violation. Without mitigating circumstances, the gravity evaluation of reasonably likely or highly likely, and fatal would usually be justified. Negligence: The failure to provide seat belts as required by the regulations may be considered highly negligent and therefore be the basis for a 104(d) citation/order in the absence of mitigating circumstances. Failure to maintain seat belts in functional condition may be considered less negligent than the failure to provide seat belts. Some factors that could increase the degree of negligence are if the defect has been reported on a preshift examination, the defect is obvious, or the defect has existed for a long period of time. The examination of seat belts for defects is required by 30 CFR 56/57.14100.

MSHA PROGRAM POLICY MANUAL VOLUME IV February 2003 (Release IV-21) 53

Negligence for failure to wear seat belts should be determined by the extent of the mine operator's efforts to enforce the seat belt requirement. Examples of such efforts may include: 1. evidence that the equipment operators are instructed on the mandatory use of seat belts; 2. regular observation by supervisors to determine whether seat belts are being worn; 3. corrective action taken by supervisors when seat belts are not being worn; and 4. the development and implementation of a job safety analysis program to reinforce task training for equipment operators. If the mine operator does not make any effort to ensure that seat belts are worn, the negligence would be high and a 104(d) citation/order would be appropriate. If, however, the mine operator's conduct indicated an effort to have seat belts worn, the negligence would usually be less than high. Special Assessment: All citations/orders issued for failure to provide, maintain, or wear seat belts should be reviewed for special assessment. The types of violations that meet the requirements for special assessments are: 1. violations cited as contributing to a serious injury or fatality; 2. violations cited as an unwarrantable failure; 3. violations cited as an imminent danger; or 4. violations evaluated as having extraordinarily high gravity (highly likely and fatal).

56.14205 Machinery, equipment, and tools.

Machinery, equipment, and tools shall not be used beyond the design capacity intended by the manufacturer where such use may create a hazard to persons.

56.14207 Parking procedures for unattended equipment.

Mobile equipment shall not be left unattended unless the controls are placed in the park position and the parking brake, if provided, is set. When parked on a grade, the wheels or tracks of mobile equipment shall be either chocked or turned into a bank.

56.15005 Safety belts and lines.

Safety belts and lines shall be worn when persons work where there is danger of falling; a second person shall tend the lifeline when bins, tanks, or other dangerous areas are entered.

56.16002(c)) (c) Where persons are required to enter any facility listed in this standard for maintenance or inspection purposes, ladders, platforms, or staging shall be provided. No person shall enter the facility until the supply and discharge of materials have ceased and the supply and discharge equipment is locked out. Persons entering the facility shall wear a safety belt or harness equipped with a lifeline suitably fastened. A second person, similarly equipped, shall be stationed near where the lifeline is fastened and shall constantly adjust it or keep it tight as needed, with minimum slack.

56.16009 Suspended loads.

Persons shall stay clear of suspended loads.

56.20011 Barricades and warning signs.

Areas where health or safety hazards exist that are not immediately obvious to employees shall be barricaded, or warning signs shall be posted at all approaches. Warning signs shall be readily visible, legible, and display the nature of the hazard and any protective action required.

MSHA Policy Manual VOL. IV 56/57.20011 Barricades and Warning Signs This mandatory standard is to ensure that barricades are provided or warning signs posted to alert workers and other persons and to prevent them from inadvertently entering areas in which health or safety hazards exist but are not obvious. Examples of health hazards are heat, acids, gases, dusts, noise, and radiation. All areas of a mine or mill should be checked for imperceptible health hazards. Storage facilities, laboratories, dumps, and tailings commonly contain toxic substances. Warning signs are posted for the purpose of describing particular hazards and indicating precautions

57.3360 SCALING AND SUPPORT--UNDERGROUND ONLY

Ground support shall be used where ground conditions, or mining experience in similar ground conditions in the mine, indicate that it is necessary. When ground support is necessary, the support system shall be designed, installed, and maintained to control the ground in places where persons work or travel in performing their assigned tasks. Damaged, loosened, or dislodged timber use for ground support which creates a hazard to persons shall be repaired or replaced prior to any work or travel in the affected area.

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