MSHA HANDBOOK SERIES - PH13-V-1 - Mine Safety and Health ...

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GENERAL COAL MINE INSPECTION PROCEDURES AND INSPECTION TRACKING SYSTEM HANDBOOK CHAPTER 4 In the event of a mine accident where rescue and recovery work is necessary, Section 103(j) of the Act grants the inspector broad authority to take whatever action, including the issuance of orders, that the representative deems appropriate to protect the life of any person. Where appropriate, the inspector may supervise and direct the rescue and recovery activity. Immediately on arrival at the mine accident scene, or later as mine rescue operations develop, the inspector may determine that direct control is necessary, either entirely or partially, particularly in situations where a less hazardous rescue procedure is desirable. Because of this broad authority, discretion and good judgment on the part of the inspector are imperative. Under Section 103(k) of the Act, the inspector can issue any such order as deemed appropriate to ensure the safety of any person, including a Section 107(a) order if an imminent danger is found. Again, it is important to emphasize that the inspector must exercise discretion and good judgment when issuing a 103(k) order. The following instructions are provided to assist in exercising this discretion: 1. The Section 103(k) order is issued to ensure the safety of any person at the mine, and should apply to relevant areas of the mine to accomplish this. In some cases, the order will only apply to the accident site itself. In some accidents (for example, a fire, explosion, or inundation), the extent of the hazard may not immediately be known, and the order may apply to the entire underground mine until the extent of the hazard is clarified. Additionally, the inspector may apply the order to the entire underground portion of the mine if evidence reasonably indicates the same safety risks are present throughout the mine. 2. The Section 103(k) order should remain in effect until a systematic evaluation of the conditions and safety practices is conducted, and MSHA reasonably determines that hazards similar to those that caused or contributed to the accident have been eliminated. The evaluation can be made prior to the accident investigation or concurrent with it. After this evaluation and determination have been made, the Section 103(k) order may be modified to permit an area of the mine to resume operations, or terminated if appropriate, provided that such action will not pose a hazard to the miners. 3. In addition, Section 103(k) requires the operator to obtain the inspector’s approval of any plan to recover any person in a mine, to recover the mine, or to return affected areas of the mine to normal. Release 1 (February 2013) 4-26
GENERAL COAL MINE INSPECTION PROCEDURES AND INSPECTION TRACKING SYSTEM HANDBOOK CHAPTER 4 Notwithstanding the instructions above, during rescue and recovery work, when it is determined by the inspector that an order is appropriate to protect the life of any person, or that supervision and direction of rescue and recovery activities is appropriate, a Section 103(j) order shall be issued to the operator. When possible, the inspector should contact the District Manager or Assistant District Manager prior to issuing a Section 103(j) order. An inspector, when present at the mine following an accident, may immediately determine that rescue and recovery work is necessary. In such a situation, the Section 103(k) order issued under this section will generally be appropriate. Section 103(k) orders are not to be terminated without approval of the District Manager or his or her designee. V. Special Assessment. Special assessment is mandatory for the following violations: those for which the daily penalty has been invoked under Section 110(b) of the Mine Act, those cited to miners related to smoking or the carrying of smoking materials under Section 110(g) of the Mine Act, flagrant violations as defined in the MINER Act, violations involving personal liability under Section 110(c) of the Mine Act, and violations involving discrimination under Section 105(c) of the Mine Act. Special assessment review is required for all violations that contribute to a fatality or serious injury. However, special assessment is not mandatory for those violations as they may involve circumstances for which MSHA determines, in its discretion, special assessment is not warranted. An inspector may recommend any enforcement action for special assessment if unique and/or aggravating circumstances exist. After the issuing inspector and the inspector’s supervisor review a violation, the District Manager shall make the final determination as to whether or not a special assessment is warranted. Completion of a Special Assessment Review (SAR) Form, MSHA 7000-32 Special Assessment Review, is mandatory for any violation submitted for special assessment. SARs must describe the facts and circumstances justifying the recommendation for a special assessment. An SAR package (copies of inspector notes, conference worksheets, sketches or photographs, relevant portions of required plans, accident reports or memoranda and other information that would assist the Office of Assessments in determining an appropriate civil penalty) will be included with each citation or order of withdrawal. In fatal accident cases, the MSHA Legal Identity Form must also be included with the SAR package. Release 1 (February 2013) 4-27
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MSHA HANDBOOK SERIES U. S. Departme
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TABLE OF CONTENTS Chapter 1 - INTRO
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19. Illumination of Work Areas ....
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V. Special Assessment .............
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COAL MINE SAFETY AND HEALTH GENERAL
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MSHA HANDBOOK SERIES - PH13-V-1 - Mine Safety and Health ...

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