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

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COAL MINE SAFETY AND HEALTH GENERAL INSPECTION PROCEDURES HANDBOOK CHAPTER 2 mines located adjacent to, above, and below active workings. Also, where surface mines are present, any dangers surface mining may present to underground miners shall be checked. The information obtained from these sources in addition to the information reviewed at the MSHA office and mine examination records should aid the inspector in determining what area of a mine needs immediate attention. The arrival time at the mine should be entered on the Daily Cover sheet and will be considered the official time of arrival. The arrival time at the mine shall be independent from other Agency time reporting data (PeopleTime, Weekly Time and Activity, Inspection Shifts, etc.). A departure time is not required. MSHA personnel should proceed to the area selected for inspection as quickly as possible after arriving at the mine site. Documentation Required: If the inspector is unable to preliminarily review files, maps, and examination records before the underground portion of the inspection begins, this fact should be noted and a reason given. If possible, the inspector should review files, maps and record books before exiting mine property. The inspector shall document the arrival time, preinspection contacts, records books, and mine map review inspected on the daily cover sheet or in the narrative portion of the inspection notes for all inspection-related events. The arrival time at the mine shall be entered on the Daily Cover sheet and will be considered the official time of arrival. D. Conference Procedures. Inspectors should prepare carefully for conferences as they will provide an opportunity to discuss safety and health issues and reinforce effective programs at the mine. The Mine Profile Report, located at MSHA Intranet Home Page - MSHA Report Center – Mine Profile (hyperlink only accessible when connected to the MSHA network), is a useful tool that has been developed to aid inspectors in pre- and post-inspection conference information. 1. Pre-inspection Conference. On the first day of the inspection, the inspector will notify the representatives of the operator and miners of the type of inspection to be conducted and schedule a time for the pre-inspection conference. During the preinspection conference the inspector should inform the operator and the miner representatives (if designated) of the procedures for requesting a safety and health conference under § 100.6(b). The inspector should notify the representatives of the operator and miners of the inspection and afford them the opportunity to exercise their rights under Section 103(f) of the Mine Act. Documentation Required: The inspector should document on the General Information Cover Sheet or in the inspection notes the conference type, the date conducted, the name of the operator and/or miner representative in attendance and any comments or concerns voiced by the representatives. 2. Post-Inspection Conferences. The inspector should schedule and conduct a post- Release 1 (February 2013) 2-6
COAL MINE SAFETY AND HEALTH GENERAL INSPECTION PROCEDURES HANDBOOK CHAPTER 2 inspection conference with the mine operator and miners’ representative (if designated). The conference should include a summary of all enforcement actions taken. Accidents at the mine and the available results of any samples or surveys taken during the inspection should be discussed. A means to prevent recurrence of violations, hazards, and accidents should be formulated by the mine operator and fully discussed by all parties. The inspector’s immediate supervisor should be made aware of the post-inspection conference date and briefed immediately regarding concerns voiced during any portion of an inspection or investigation. Documentation Required: The inspector should document on the General Information Cover Sheet or in the inspection notes the conference type, the date conducted, the name of the operator’s and miners’ representatives in attendance, and any comments or concerns voiced by the representatives. E. Advance Notice. The Mine Act prohibits advance notice of MSHA inspection activities. When an inspector learns that an operator, contractor, or any other person has given advance notice of an impending inspection, the inspector should issue a citation under Section 104(a) of the Mine Act, alleging a violation of Section 103(a) of the Act. Advance notice includes subtle forms of communication (such as coded references, like “company is here,” or “visitors are on site”) intended to disguise communications announcing MSHA’s presence at a mine. Communications warning of inspection pending activity after a multi-day inspection has begun also constitute advance notice. All persons need to be aware of their legal obligations, and an individual or an operator may violate the Mine Act’s advance notice provisions even if not warned explicitly against providing advance notice. Inspectors are to consider all advance notice citations for a special assessment, which will be based upon the circumstances involved with the violation. Advance notice has an inherent tendency to interfere with an inspection. Thus, an inspector need not demonstrate that mine conditions or practices were altered based on advance notice to establish an advance notice violation. However, the physical conditions of a mine may indicate that mine personnel received advance notice and acted to conceal violations. For example, rock dust applied over obvious accumulations of loose coal and coal dust in limited or discrete areas near the inspection location, or new ventilation curtains installed where there are indications that no mining had occurred after the curtains were hung are conditions that may indicate advance notice occurred. Enforcement personnel should document these conditions when a citation for advance notice is issued. In addition, inspectors are to immediately notify their supervisor following the issuance of a citation for a violation of Section 103(a) for giving advance notice. The Release 1 (February 2013) 2-7
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MSHA HANDBOOK SERIES - PH13-V-1 - Mine Safety and Health ...

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