MSHA Confined Space Enforcement To Increase Dramatically

I just received an alert on MSHA confined space enforcement that needed to be passed along. Due to recent serious injuries and fatalities MSHA will be “placing special emphasis on enforcing its standards related to entering bins, hoppers, silos, tanks, and surge piles… by focusing additional resources on increased enforcement attention, education and outreach, including walk-and-talks,” said Neal Merrifield.

This MSHA confined space enforcement emphasis is just the latest in a long line of MSHA attempts to increase mine safety through fines and enforcement. The mining community needs to prepare for the imminent increase in MSHA enforcement. To help mines and mine contractors get ready and keep workers safe we’re offering our full Intro to MSHA Confined Space training for free.

The following is the full letter regarding the MSHA Confined Space Entry Alert from MSHA M/NM Administrator Neal Merrifield. All emphasis is added.

Unsafe work in confined spaces has led to miner deaths and injuries in the metal and

nonmetal mining industry. Recent tragic incidents include: a fatality while cleaning the

inside of a tanker railcar and a miner being severely burned during maintenance inside

a baghouse screw conveyor hopper. To address these regrettable occurrences and

help prevent similar instances in the future, MSHA will be placing special emphasis on

enforcing its standards related to entering bins, hoppers, silos, tanks, and surge piles.

MSHA and the Industrial Minerals Association-North America (IMA-NA) have engaged

the issue of confined spaces as a project within the Alliance between the two

organizations. We recommend conducting a hazard assessment and implementing a

permitting system as part of a safe entry standard operating procedure (SOP).

Many mining and milling workplaces contain areas that are considered “confined

spaces” because, while they are not necessarily designed for people, they are large

enough for workers to enter and perform certain jobs. A confined space also has limited

or restricted means for entry or exit and is not designed for continuous occupancy.

Confined spaces include, but are not limited to, tanks, vessels, silos, storage bins,

hoppers, vaults, pits, manholes, tunnels, equipment housings, ductwork, pipelines, etc.

Metal and Nonmetal (MNM) regulations related to confined space that MSHA enforces

include: 30 CFR §§56/57.5001(a); 30 CFR §§56/57.5002; 30 CFR §§56/57.5005(c);

30 CFR §57.5015; 30 CFR §§56/57.14105; 30 CFR §§56/57.15005; and

30 CFR §§56/57.16002.

These standards regulate hazardous atmospheres; material that has the potential to

engulf an entrant; walls that converge inward or floors that slope downward and taper

into a smaller area which could trap or asphyxiate an entrant; and any other recognized

safety or health hazard, such as unguarded machinery, exposed live electrical wires, or

high heat.

Because confined spaces are potentially dangerous, employers should evaluate all

confined spaces in which their employees work to determine whether hazards exist or

whether the work to be done in the space can create hazards. MSHA will place special

emphasis on confined spaces over the next several months by focusing additional

resources on increased enforcement attention, education and outreach, including walk-

and-talks. We are encouraging the mining industry to do the same. MSHA will provide

the mining industry with additional information on the importance of having an effective

MSHA Confined Space Entry program. Please make sure that information gets distributed.

MNM inspectors, joined by Coal inspectors and Educational Field and Small Mines

Services personnel will be visiting mines, calling attention to these potentially hazardous

conditions and discussing safe work practices with miners. Please join MSHA and

IMA-NA in this special safety outreach and help us spread the word to the miners at

your operations. This is the time to be proactive. Assure that an effective Confined

Space Entry program is implemented, that miners are trained on program specifics and

are task trained to recognize and avoid hazards, so they can go home safe and healthy

at the end of each shift.

A link follows to an MSHA Confined Space Entry Alert recently published on MSHA’s website:

http://www.msha.gov/Alerts/confined-space-entry-ha1109.pdf. Also, for more

information on the confined space mining deaths that have occurred since October 2013 and

best practices to prevent them, please go to http://www.msha.gov/alerts/seasonal-safety-alert.pptx.

Please use the photos and descriptions to prompt discussions about fatalities and how to prevent them.

MSHA Training Summit Agenda Released- A Quick Analysis

The annual MSHA Training Summit was held on October 28^th. The agenda was released 2 days later. Let’s take a look at some statistics that jumped out at us while going through the agenda.

The unfortunate trend of injuries and fatalities on Part 46 mines continues. 3 of 5 fatalities in the 3^rd quarter occurred on Part 46 mines. That’s 60% of all fatalities. All indications point to increased MSHA inspections and scrutiny on Part 46 training and compliance.

Expect MSHA’s focus on contractor training and paperwork to continue. 2 of the 5 fatalities in 2015 Q3 were contractors.

The majority of serious accidents also occurred on Part 46 sites. 3 of the 4 highlighted “serious accidents” occurred on Part 46 sites. 2 on mines and 1 at a cement plant.

So far in 2015, MSHA has “visited” 780 mines. The splits of M/NM vs. Coal mines inspected will be interesting. MSHA recently announced they were transferring inspectors from coal to the M/NM side.

Of those 780 mines, approximately half are classified as “small mines.” This continues MSHA’s trend from the past 2 years of focusing significant resources on small mines. Now would be a good time to audit your MSHA compliance and training records if you own or manage a small mine.

MSHA has conducted 3,174 Training Plan Reviews.

MSHA has also conducted 3,769 Training Program Field Reviews.

MSHA has already begun a “surge” on M/NM mines, dramatically increasing the number of inspections with an emphasis on Part 46 operations. Based on Joe Mains’ history, he will increase the number of inspections until injuries and fatalities decrease.

The MSHA Training Summit can be a good indicator of initiatives in the coming year, though it may feel like reading the tea leaves at times. It’s important to analyze what MSHA might highlight to prepare your company. You can see the full MSHA Training Summit agenda for yourself here.

MSHA Part 50 Compliance Will Be Heavily Scrutinized

MSHA Part 50 enforcement will be significantly increased starting today. In a previous blog we discussed how MSHA will increase the number of inspectors and inspections at metal/non-metal mines with a heightened focus on smaller “mom and pop” mines.

In recent weeks, MSHA Part 50 enforcement of Accident Reporting has also increased. MSHA believes there has been underreporting of accidents and injuries. To back up these claims, inspectors have begun to go through workman’s compensation paperwork. If MSHA finds a serious accident that wasn’t reported in 15 minutes they will issue a ticket of $5000 to $60,000.

What accidents or injuries fall under the MSHA Part 50 Immediate notification requirement? According to 30 C.F.R. § 50.10 operators “shall immediately contact MSHA at once without delay and within 15 minutes at the toll-free number, 1-800-746-1553, once the operator knows or should know that an accident has occurred involving:

A death of an individual at the mine;
An injury of an individual at the mine which has a reasonable potential to cause death;
An entrapment of an individual at the mine which has a reasonable potential to cause death; or
Any other accident.

The language “any other accident” is ambiguous but MSHA goes on to define an accident as:

A death of an individual at a mine;
An injury to an individual at a mine, which has a reasonable potential to cause death;
An entrapment of an individual for more than 30 minutes or which has a reasonable potential to cause death;
An unplanned inundation of a mine by a liquid or gas;
An unplanned ignition or explosion of gas or dust;
In underground mines, an unplanned fire not extinguished within 10 minutes of discovery; in surface mines and surface areas of underground mines, an unplanned fire not extinguished within 30 minutes of discovery;
An unplanned ignition or explosion of a blasting agent or an explosive;
An unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use; or, an unplanned roof or rib fall in active workings that impairs ventilation or impedes passage;
A coal or rock outburst that causes withdrawal of miners or which disrupts regular mining activity for more than one hour;
An unstable condition at an impoundment, refuse pile, or culm bank which requires emergency action in order to prevent failure, or which causes individuals to evacuate an area; or, failure of an impoundment, refuse pile, or culm bank;
Damage to hoisting equipment in a shaft or slope which endangers an individual or which interferes with use of the equipment for more than thirty minutes; and
An event at a mine which causes death or bodily injury to an individual not at the mine at the time the event occurs.

Additionally, “injuries not related to one of the twelve types of accidents mentioned in 30 C.F.R. MSHA Part 50 (50.2(h)), such as ordinary sprains, strains, minor cuts, minor burns, bruises or other injuries that are not life-threatening, do not require immediate notification. These types of injuries should be reported via the 7000-1 form under MSHA Part 50 regulations.”

What can you do to stay MSHA compliant and protect your company?

First and foremost everyone on your site needs to be prepared. Put standard operating procedures in place and practice those procedures. Everyone on site, including contractors, must know the physical address of the mine so they can call 911 and bring help as soon as possible.

Second, all employees must know the next steps to take in the event of an accident. Do they have first aid training? Do they have a first aid kit? Will they be able to care for someone until paramedics arrive?

Finally, you need to follow regulations and report all accidents as defined by MSHA Part 50 within 15 minutes of their occurrence.

If you have questions regarding accidents you may have had, you can email MSC at sales@minesafetycenter.com or call 602-956-6959 ext. 23. We may be able to help.