Supervisory Training

2007

includes Surface Certification Training as

required by MSHA CFR 30 Part 77.100
Supervisors

 Do you stop and correct every unsafe act

or unsafe condition? If not, you’re telling
the worker it is okay to work unsafe?
 If they get hurt because you walked past
the unsafe situation….who is at fault?

YOU ARE
The Supervisor’s Role

 In your work area, YOU must ensure your

workers are safe.
 YOU must integrate safety into every
activity of your work group.
 AND, as an agent of the company, YOU
must ensure ALL workers are safe.
Be proactive rather than reactive!
The Supervisor’s Role
MSHA says, YOU are the Responsible Party
 In a nutshell, YOU carry out your safety roles
by setting the example.
 YOU must take the initiative to maintain a safe
and healthy work place for all workers.
 YOU do this by creating and fostering a strong
safety culture within your work group.
 But understand it doesn’t end here…
 Supervisors Shall:
 Communicate with workers regarding safety
– Ensure they understand through repeat dialogue
 Eliminate or minimize potential for injury
 Stop work if continuing would pose imminent
danger.
 Ensure proper safety equipment is available,
and require employees to use it.
 Encourage prompt reporting of health and
safety issues.
– You must act on those safety issues
 History of MSHA
 1891 – Mine law established ventilation requirements and prohibited
children under 12
 1910 – Coal mine fatalities exceeded 2,000 annually
– Bureau of Mines established
 Research only
 No inspection authority
 1941 – Empowered federal inspectors
 1966 – Federal Coal Mine Safety Act
– Applied only to certain underground mines until 1966
– Assessment of penalties
 1969 –Federal Coal Mine Health and Safety Act
– More stringent
– Included surface mines for first time
– 2 annual inspections required for surface (4 for underground)
– Federal enforcement powers strengthened
– Health standards adopted
– Compensation for disabled “black lung” miners
 History of MSHA

 1973 – Mine Enforcement and Safety

Administation (MESA)
– Separated Bureau of Mines from mine enforcement
 1977 – Federal Mine Safety and Health Act
– Consolidated all the health & safety regulations for the
mining industry
– Consolidated coal and non-coal mines
– Expanded rights of miners
– Protected miners from retaliation
– Transferred from Dept. of Interior to Dept. of Labor
– Agency renamed to MSHA
– Fatalities dropped form 272 to 86 in 2000
MSHA 101

 Citations and Orders are the primary tool

through which MSHA enforces the
requirements of the Mine Act and the
regulatory requirements set out in 30 C.F.R.
Types of MSHA Citations

 Non-S and S
 S and S
 Orders
 Personal Fines for Individual Miners
(underground mines only – smoking)
 Personal Fines for Supervisors
Non-Significant and Substantial
(Non-S & S)

104 (a) Health or Safety Violations

 Minor infractions

 You must correct the hazard

 Minimum fine - $112 (up from $60)

 Generally ‘terminated’ same or next

business day
Significant and Substantial
(S & S)

Serious Health or Safety Violations

 Must be addressed immediately

 Fines run into the thousands

 May take several days to correct

 If not ‘terminated’ by ‘close-out’… it will

require another MSHA visit
S&S determinations are based
on Gravity

Based on two criteria:

1. If a condition is left unabated, what is the
likelihood it would result in an injury; and
2. If there was an injury, how serious would
it be?
For a citation to be S&S, an injury must be
reasonably likely to occur AND result in lost
workdays or restricted duty.
Orders

 103 (k) Safety Order

 103 (g) Hazardous Complaint
 104 (b) Failure to Abate
 104 (d) Serious Danger/Health Threat
 104 (e) Pattern of Violations
 104 (g) Untrained Miners
 107 (a) Imminent Danger
Orders

103 (k) Safety Order

 Restricts access after an accident

 Preserves the scene pending an MSHA

investigation
 Need approval prior to entry for
recovery of persons or product, etc.
 No penalty
Orders

103 (g) Hazardous Complaint

 Complaint filed/reported by a miner or miner’s
representative of a violation or imminent
danger (in writing)
 Requires MSHA to conduct an immediate
inspection – Operator gets copy of complaint
 MSHA notifies reporting party of it’s findings

 May result in citation/order being written

Orders

104 (b) Failure to Correct Violation

 Non-Compliance order

 Personnel immediately withdrawn/or

prohibited from entry
 Increases the cost of the original fine

 Withdrawn employees receive full pay

Orders

104 (d) Unwarrantable Failure

 First violation = Citation
 Similar violations = Order (D-series)
-A violation, even non-S&S (written within 90 days of
first one)
-If mine goes next full inspection without an
unwarrantable – it is off the D-series and 90-day rule
does not apply
 Fines up to $220,000 each
Orders
104 (e) Pattern of Violations
 MSHA’s least-used, but most-feared tool
 MSHA can issue notice of POV to any operator
having a pattern of S&S violations.
 MSHA Screening looks for ‘habitual violators’.
 After the notice MSHA is required to issue
withdrawal orders for every S&S citation
 Last chance notice and District Manager review
gives an operator the chance to avoid enforcement
action
 Generally results in on-going reviews but could lead
to forced closure of the mine operation
Orders

104 (g) Training Violation

 No MSHA Training (Part 46/48)

 Annual Training Expired

 No Task Training

 No Site Specific Training

 Withdrawal until trained

 Must compensate withdrawn miners

Orders

107 (a) Imminent Danger Order

 Conditions deemed too hazardous to
continue operations due to the
possibility of a serious injury
 Requires immediate withdrawal from
affected area until hazard has been
addressed.
 The MSHA act: Section 110

...the Act allows MSHA to impose civil and

criminal penalties on both the company
and AGENTS of the mine.

Supervisors and Safety Representatives

are AGENTS and can be held responsible,
face monetary fines, criminal charges and
even jail time.
 The MSHA act: Section 110

 110(c) - Corporate agent assessed civil penalty

for knowing or have reason to know violations.

 110(d) - Any operator agent who willfully

violates and is convicted (criminally) can be
assessed up to $250k, 1 year jail time or both.
– Fines for second offenses run up to $500K
 The MSHA act: Section 110

‘Knowingly’ has been defined as:

…Knowing or having reason to know. A person
has reason to know when he has such
information as would lead a person exercising
reasonable care to acquire knowledge of the fact
in question or to infer its existence.

MSHA must show a preponderance of evidence existed.

The MSHA act: Section 110

‘Willfully’ has been defined as:

…Done knowingly and purposely by a [person]
who, having a free will and choice, either
intentionally disobeys the standard or
recklessly disregards its requirements.
The MSHA act: Section 110
 110(f) - Up to $250k, 5 years in prison or both
for anyone convicted of knowingly making false
statements, representation, or certification in
any application, record, report, plan or other
document filed or required to be maintained by
the ACT.

Read Supervisor Accountability articles

Citations a concern?
 If we are doing our jobs, the number of citations should
be minimal
 Don’t do things just because an MSHA inspector is on
site
 Work safely and enforce the rules because it is the right
thing to do!
 MSHA regulations are minimum requirements
 Our Safety Handbook can be enforced by MSHA

We must do all we can to ensure worker safety!

 MINE LAW
 NEW SUPERVISOR
– Pass out Part 77 booklet
– Have individual find and read 77.1713 which is
the reason for the class
– Go through and read selected Part 77 topics
– On Shift Examinations
 Def. of Active area
– Emphasis on pits - highwall & spoil slides
 Example of On-Shift form
 List of example items on back of form
 Do not falsify (back date records or sign for
someone else)
 As a rep. of the company, you are obligated to
follow-through on safety issues you found or
brought to your attention.
 MINE LAW
 Discuss most frequently cited standards
 Discuss fatalities for this year
 Dealing with the MSHA Inspector
 Be Honest and up front
 Don’t try to hide or deceive
 Act promptly on items pointed out
 Prevention is the key before he arrives on property
 Part 77 Review
– Discuss answers as group
 The five worst coal mine disasters, since 1940:

YEAR DAY MINE LOCATION TYPE DEATHS

Farmington,
1968 11/20 Consol No. 9 Explosion 78
West Virginia

West
1951 12/21 Orient No. 2 Frankfort, Explosion 119
Illinois

Centralia No. Centralia,

1947 03/25 Explosion 111
5 Illinois

Willow Grove St. Clairsville,

1940 03/16 Explosion 72
No. 10 Ohio

Pond Creek Bartley, West

1940 01/10 Explosion 91
No. 1 Virginia
 The three worst coal mine disasters in U.S. history:

YEAR DAY MINE LOCATION TYPE DEATHS

Stag Canon Dawson,

1913 10/22 Explosion 263
No. 2 New Mexico

1909 11/13 Cherry Mine Cherry, Illinois Fire 259

Monongah Monongah,
1907 12/06 Explosion 362
Nos. 6 and 8 West Virginia
 Injury Notification

 Emergency Procedures (Red sheet)

 Emergency Disaster and Evacuation Plan (pass
out copies)
 Rescue video for Draglines (in process)
 MSHA’s 15-minute notification (emphasize)
(issue new cards)
 Follow-up with employees who asks to be off
due to an injury
– Did the injury or illness occur on the job?
– Employees need to come in to complete paperwork in
order for Workers Comp to verify any doctor or
hospital visits
– Key is to get Safety rep involved early on for support
SIS (Safety Information System)
Logon screen
SIS Main Menu
Investigate all incidents

All injuries,
All equipment damage and
All near miss incidents
shall be investigated
Goals of an investigation

 Uncover the facts

What, when, where, why, who and how
 Make necessary notifications
 Develop action plan to address root cause
 Assign responsibilities
 Implement the preventive measures
– And from other investigations
 Share the information company-wide
Conducting an investigation

 Care for the injured

– Verify the scene is safe before entry
 Notify manager and safety rep.
 Preserve the scene
 Take photos of the scene
 Conduct preliminary fact gathering
Conducting an investigation

 Preliminary fact gathering

– Separate immediately and obtain written
statements from witnesses
– Interview witnesses and those directly
involved - separately
– Interview the injured as soon as practical
– Make necessary notifications
Conducting an investigation

For serious injuries/incidents

 Secure the scene
– Flag off against ALL entry including
yourself
– Could be a crime scene (CSI)
 Notify authorities
 Do not disturb scene until released by
Safety Dept and MSHA rep
 First Aid Instruction

 Changes in the CPR guidelines

– More details in upcoming Annual Refresher
 Signs of Heart Attack
– AED - Locations
 Signs of Stroke
 Choking
– # 1 President’s Life Saving recognition
 Blood Borne pathogen program
 Emergency O2 Unit
– Pre-set with face mask
– Use on anyone
– Located in Operations Foreman’s office
 First Aid Review (handout & discuss as a
group)
 Fire Pre-Plan

 Contacting Risk Management

– Dust Suppression down for more
than a full shift
– Major fires
 Radiation Awareness

 A2 Crusher – A-belt
 Show DVD (new supv)
 Emergency Procedures
– Posted inside A2 crusher control
room door
 Methane Spotter and Combustible
Analyzer

 Hands-on practice (new supv)

 Discuss Methane / Oxygen
Qualification test
 Task Training

 Filling out the Task Training

5000-23 form
– Supv. does NOT have to sign
unless he or she was the instructor
– Supv. SHALL ensure information on
the form is filled out correctly
– Task Training Guideline must
accompany each 5000-23 (if
guideline is available) or it will be
sent back
Access to Task Training Guidelines
through web site
 MATERIAL SAFETY DATA SHEETS

 Online through the Corporate Safety

Web Page
 Must be made available to the
employee if requested
 Contractors

 Blue Card
– (Delivery & Pickup only)
 Red Card
– (upon verification of training)
 Mine Specific Training Video
Behavioral Safety Process (BST)

 Tool to help you in your job

 To be effective it must be positively
reinforced by you
 Data proves that the crews and
groups that have the least number of
observations have the most injuries
 Fill out 5000-23 Form
– Write in Surface Certification at top, check
“Other” and write in Methane Detection &
Oxygen Deficiency, and check First Aid (write
in 1 hour).
– Contact Inspector to give CH4 & O2 test
– Transfer information to MSHA’s Electronic
System
– Notify foreman and manager once approved
in system
– Make copy of cards for file once received and
give cards to foreman
– File copy of this outline with 5000-23 in
foreman’s file
 CLOSING

 What ideas do you have to make this

training more useful and interesting?

 What tools do you need to help you

with your job?

 Send me an e-mail of ideas, please.