May 2010 Newsletter
Trainers Keep up to Date
Phil Eggerding and Dave Carlson were recertified in February by the International Society of Mine Safety Professionals (ISMSP) as Certified Mine Safety Professionals (CMSPs). Both had been certified in 2005. ISMSP recertifies those CMSPs who continue to meet it’s requirements once every 5 years.
Dave Carlson has been elected to the ISMSP Certification Board for a second two-year term. The board performs various functions including developing, improving and updating the CMSP certification examination and evaluating the credentials of applicants for certification or re-certification.
Ron Gradowski has applied and is preparing to take the CMSP certification examination later this year. To be eligible for certification, an applicant must be primarily engaged in the practice of mine safety or one of its related specialties, and
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have been certified as competent within the broad practice of safety or one of its relevant specialties by an organization recognized as qualified by the Society and shall have a minimum of five (5) years in the mine safety profession, or
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have been registered or licensed by an approved agency as a Professional Engineer and shall have a minimum of five (5) years in the mine safety profession, or
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hold a baccalaureate or higher degree from a recognized college or university, and shall have a minimum of seven (7) years in the mine safety profession, or
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have a minimum of ten (10) years in the mining profession, two of which can be in mine safety.
To learn more, go to the Societies website -- http://ismsp.com/.
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MSHA RECAP OF NEWS
PROCEDURE INSTRUCTION LETTER NO. I10-III-01
SUBJECT: Issuance of Citations for Failure to Immediately Notify MSHA of an
Accident under 30 C.F.R. § 50.10
Scope
This
Procedure Instruction Letter (PIL) is intended for Mine Safety and
Health Administration (MSHA) enforcement personnel and Office of
Assessments personnel.
Purpose
The
purpose of this PIL is to inform enforcement and assessments
personnel of a change in procedures for citing violations involving
failure to immediately notify MSHA of an accident under 30 C.F.R. §
50.10, and a change in special assessment procedures for these
violations.
Procedure InstructionsViolations for failure to immediately notify MSHA of accidents, as defined in 30 C.F.R. § 50.2 paragraph (h), may no longer be cited under § 50.10 alone. Instead, violations of § 50.10 must be cited using one of the following paragraphs:
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§ 50.10(a) for accidents involving death of an individual at the mine;
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§ 50.10(b) for accidents involving injury of an individual at the mine which has a reasonable potential to cause death;
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§ 50.10(c) for accidents involving entrapment of an individual at the mine which has a reasonable potential to cause death; or
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§ 50.10(d) for any other accident [which would include an entrapment of an individual at a mine for more than 30 minutes and accidents defined in § 50.2(h)(4) through (12)].
As a result of this change, enforcement personnel no longer need to manually review all violations of § 50.10 and process them as special assessments in order to ensure that the MINER Act penalties are assessed.
The
changes in this PIL pertaining to IPAL will be implemented through
updates to the 30 CFR information contained in the IPAL download
files. The net effect of the changes will be to add the § 50.10 (a),
(b), (c), and (d) standards to the list of citable regulations, while
removing the § 50.10 standard from the list. Inspectors will need to
download IPAL data created on Friday, April 30, 2010, to ensure that
they have the necessary updates to the list of citable regulations.
Background
The
MINER Act imposes a minimum civil penalty of $5,000 and a maximum of
$60,000 for a mine operator's failure to notify MSHA within 15
minutes of an accident involving a death of an individual at a mine,
or an injury to or entrapment of an individual at a mine which has a
reasonable potential to cause death. Historically, these violations
were all cited under § 50.10. However, failure to notify MSHA of
other types of accidents was also cited under § 50.10, and those
violations were not subject to the MINER Act penalties. As MSHA's
computer system (MSIS) was unable to determine whether a violation of
§ 50.10 was subject to the MINER Act penalties, MSHA issued PIL
I06-III-02 instructing enforcement personnel to manually review all
violations of § 50.10 and to process those violations involving
accidents as defined above as special assessments in order to ensure
that the MINER Act penalties were assessed. The PIL was replaced by
Program Policy Letter (PPL) P08-III-02, which expired on March 31,
2010.
On
December 29, 2009, MSHA published a direct final rule and companion
proposed rule on Criteria and Procedures for Proposed Assessment of
Civil Penalties/Reporting and Recordkeeping: Immediate Notification
of Accidents. The direct final rule became effective on March 29,
2010. The final rule amends § 50.10 by separately identifying the
three categories of accidents subject to the MINER Act penalties.
Therefore, MSHA no longer has to manually review all violations of §
50.10 for a penalty assessment. Instead, a citation will identify the
category of accident under either § 50.10(a), (b), (c), or (d),
which will allow MSIS to automatically determine whether the MINER
Act penalties apply. Violations of § 50.10(a), (b), and (c) will be
subject to the MINER Act penalties and will receive a proposed
penalty of $5,000 up to $60,000. Violations of § 50.10(d) will not
be subject to the MINER Act penalties and will receive a proposed
penalty of $100 up to $70,000; they may be subject to special
assessment.
PROGRAM INFORMATION BULLETIN NO. P09-39
SUBJECT: Reissue of P03-24 - How to Change Your Address with MSHA or
Request
Certain Publications
Information
This
bulletin answers questions on how to change your address with the
Mine Safety and Health Administration (MSHA) and how to request
certain publications. For your convenience, the information is
provided as an attachment to the bulletin.
Mine Operators:
To change your legal address, the Address of Record fields on the Legal Identity Report (MSHA Form 2000-7) must be updated. A separate form must be completed for each mining operation of the operator. You can file an updated report online or mail the information to your District Office as required by 30 CFR 41. There are more detailed instructions for doing so at http://www.msha.gov/forms/elawsforms/2000-7.htm.
Program Policy Manual (PPM) and Program Policy Letters (PPL):
To purchase a Program Policy Manual, change the address for your PPM updates and Program Policy Letters, or request a duplicate copy, contact:
National Mine Health and Safety Academy
Attn: Ms. Sharon Taylor
1301 Airport Road
Beaver, WV 25813-9426
Telephone: (304) 256-3257
Fax: (304) 256-3368
Please include a telephone number with your request.
Program Information Bulletins (PIB)
Federal Register Notices
Quarterly Report of Mine Injuries and Worktime
Informational Reports
Fatalgrams
If you receive any of the four items listed above, contact the following office to change your address:
Office of Injury and Employment Information
P.O. Box 25367
Denver, CO 80225-0367
Telephone: (303) 231-5453
Fax: (303) 231-5515
Please include a telephone number with your request.
MSHA RULES TO LIVE BY ONLINE TRAINING – pay special attention to the following MSHA announcement/ warning!
On March 15, 2010, MSHA launched the “Prevent Fatalities - Rules to Live By” initiative to improve the prevention of fatalities in mining. Through a first phase of industry outreach and education followed by enhanced enforcement the focus is on 24 frequently cited standards (11 in coal mining and 13 in metal/nonmetal mining) that cause or contribute to fatal accidents in the mining industry in 9 accident categories. An online training program was created for MSHA inspectors that include an in-depth discussion of each of the targeted standards. This online training is available for the public for viewing and downloading via the MSHA web-site. The following provides instructions on how to access this valuable information.
System Requirements: Windows XP or higher; Adobe Acrobat Reader; Internet Explorer v. 6 or higher. Note: the materials on the web-site have not been tested in other web browsers such as Mozilla Firefox.
Instructions:
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Access the MSHA web-site at www.msha.gov
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Scroll down to the “Highlights” section of the web-page and click on the “Rules to Live By Initiative” link.
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The last step takes you to the “Single Source” page for the initiative which provides a wealth of information on the topic. To go directly to the Inspector’s training, scroll down to the bottom of this page to the “Resources” section. You have two options available:
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Click on the “Inspector Online Training” link. You will be able to take the same online course that the MSHA inspectors took prior to the start of the initiative. (Note: you must allow “Popups” in your browser setting.)
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You can view or download a PDF version of the online course. Double-click on the link for Coal or Metal/Non-metal depending on the mining area you are interested in. Once the file opens, you can view the presentation or save it to your local computer.
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If you cannot access the online training via the Internet, you can contact MSHA to receive a CD copy of the course.
Mine Safety and Health Administration (MSHA)
Directorate of Educational Policy and Development
1100
Wilson Boulevard, 21st Floor
Arlington, VA 22209-3939
Email: glatter.robert@dol.gov
Phone: 202-693-9570
BLASTING HAZARD ALERT
This blasting hazard alert pertains to Orica Uni tronic™ 500 electronic detonators date coded before November 15, 2009. Orica has issued a recall of these detonators. The Orica recall notice is included as part of this blasting alert.
Since 2006, there have been six unplanned detonations involving the use of the Orica Uni tronic™ electronic detonator blasting system. Four of the unplanned detonations occurred at surface mines in the United States and two occurred at surface mines in Australia.
Four of the unplanned detonations occurred upon the act of aborting the programming sequence and two occurred during programming of the detonators. The last unplanned detonation was in December 2009 at a surface coal mine in Alabama.
The mines were using the Orica Uni tronic™ blasting system to set-up the blasts, check the circuitry, program and arm the electronic detonators for blasting, and to detonate the round. In each instance, once all personnel were off the blast area and at a point of safety (blast area secured), the blaster connected the circuit to the Orica Blast Box and then began the detection and programming process. While the detonators were being programmed or if an abort command was issued, one of the blast holes unexpectedly detonated. No injuries or property damage were reported.
http://www.msha.gov/alerts/BlastingHazardAlert052010.pdf
OBAMA LAUNCHES SWEEPING FEDERAL MINE SAFETY REVIEW
ASSOCIATED PRESS ARTICLE
Apr 15, 2010 10:16 AM EST
WASHINGTON - President Barack Obama ordered an exhaustive federal review of coal mine safety Thursday and asked Congress to strengthen existing laws "riddled with loopholes."
"I refuse to accept any number of miner deaths as simply a cost of doing business," Obama told reporters in the Rose Garden, vowing to step up scrutiny of coal mine safety standards in the aftermath of the April 5 explosion at a Massey Energy Co. mine in West Virginia where 29 miners were killed.
Obama said the government would act to quickly get inspectors into mines across the nation that have "troubling safety records."
"Owners responsible for conditions in the Upper Big Branch mine should be held accountable for decisions they made and preventative measures they failed to take," he said.
The president said that when miners go to work, "they ought to know that behind them is a company that's doing what it should to protect them" and that they have "a government looking out for their safety."
"If a tragedy can be prevented, it must be prevented," Obama said. He told federal mine safety officials to work closely with state counterparts to improve mine safety.
West Virginia Gov. Joe Manchin on Wednesday ordered state safety officials to inspect all underground mines in the state immediately, beginning with ones that had been cited for combustion-related violations.
Obama said he directed Labor Secretary Hilda Solis to work closely with Congress to "strengthen existing laws" and to close loopholes. He cited "endless litigation" on the part of mining companies "to evade their responsibility."
"We can't just hold mining companies accountable. We have to hold Washington accountable," the president said.
Inadequate ventilation and a build up of methane gas is believed to have been a factor in the explosion at Massey's Upper Big Branch mine in Montcoal, W.Va. That mine had a history of safety violations.
Obama spoke after receiving a preliminary report about the Upper Big Branch mine from Solis and Mine Safety and Health Administrator Joe Main. He said their report showed there are far too many mines where safety is inadequate.
FLUKE TESTER RECALL - U.S. CONSUMER PRODUCT SAFETY COMMISSION
Office of Information and Public Affairs Washington, DC 20207
FOR IMMEDIATE RELEASE
March 11, 2010
Release #10-164
Firm's Recall Hotline: (888) 983-5853
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
Noncontact Electrical Tester Recalled by Fluke Due to Shock or Burn Hazard
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: Fluke VoltAlert® Voltage Detector
Units: About 33,000
Manufacturer: Fluke Corporation, of Everett, Wash.
Hazard: The testers can fail to give an indication of live voltage, resulting in the operator falsely believing the electrical power is off, posing a risk of serious injury or death from electrical shock or thermal burns.
Incidents/Injuries: No injuries have been reported.
Description: The Fluke voltage testers look like a pen with a yellow, white and gray body. The testers measure 90 to
1000 volts alternating current (VAC). “Fluke” and the model number are printed on the front of each unit. The recall
involves Fluke 1AC-A1-I VoltAlert® tester with the following model and item numbers:
Product Marking Description 1AC-AI FLUKE-1AC-I VoltAlert Voltage Tester
Sold at: Industrial distributors and electrical wholesalers nationwide from September 2009 through February 2010 for about $25.
Manufactured in: China
Remedy: Consumers should stop using the recalled product immediately and contact Fluke for a free replacement.
Consumer Contact: For additional information, contact Fluke toll-free at (888) 983-5853 between 7 a.m. and 4 p.m. PT Monday through Friday or visit the firm’s Web site at www.fluke.com/1AC-A1recall.
CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about it by visiting https://www.cpsc.gov/cgibin/ incident.aspx. To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (301) 595-7054. To join a CPSC e-mail subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain recall and general safety information by logging on to CPSC's Web site at www.cpsc.gov.
2010 TRAM SEMINAR
The 2010 Tram/National Mine Instructors Seminar will be held at the National Mine Academy in Beckley, WV on October 12-14. For information on Registration and Accommodations, call Belinda Browning at 304-256-3326 or email browning.belinda@dol.gov.
UPCOMING MICHIGAN WORKSHOP (OCT 7, 2010 Thursday)
This Holmes Association workshop at the beautiful Otsego Club in Gaylord, MI. will help update managers, supervisors, and trainers on MSHA and safe operating procedures. We are searching for good speakers and we welcome your suggestions.
Call Dave Carlson (906/487-2453,dcarlson@mtu.edu) or Ken Cunningham (989-792-8734, ktc2840@aol.com). Detailed workshop announcements with agenda and registration information will be mailed to you in late August or early September 2010.