Design for Safety

By Randy Logsdon I woke up shortly before the alarm would have jolted me from my sleep. After some reflexive stretching, I slipped out from under the covers and carefully walked around the corner to the bathroom. The hotel room was still dark, and I reached inside the bathroom doorway to feel for the light switch. One has a sense…

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Citation Vacated Where Employee Failed to Wear Fall Protection

By Ellen Smith An operator cannot be held liable for an employee failing to wear fall protection if the employer supplied fall-protection equipment, trained workers in its use, and required fall protection in all hazardous situations, Review Commission ALJ Priscilla Rae has ruled.

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MSHA Reports Half-Year Fatality Analysis

From Jan. 1, 2013, to June 30, 2013, 18 miners died in accidents in the mining industry, according to MSHA. Nine died in coal mining accidents and nine in metal and nonmetal mining accidents. In both coal and metal and nonmetal mining, one of the miners killed was a contractor.

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Recent MSHA Outreach with Metal/Nonmetal Stakeholders

By Joseph A. Main One of my initiatives when I arrived at MSHA was to get out into the mining community and meet with our stakeholders to share what we are doing at MSHA and discuss how we could improve mine safety and health. We have attended many stakeholder events across the country since then. Working with our stakeholders, we…

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VPID Formula Skews Fines for Small Operators

By Ellen Smith In a decision rejecting the way MSHA determines penalties, ALJ Michael Zielinski essentially threw out MSHA’s use of “violations per inspection day” for small operations, stating that the federal agency’s formula skews the violation history of small mines, and can lead to higher penalties.

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MSHA Touts Record-Low Fatality, Injury Rates

The U.S. Department of Labor’s Mine Safety and Health Administration announced the release of final data for 2012 that indicate the lowest fatality and injury rates in the history of U.S. mining, along with the lowest rate of contractor fatalities since the agency began calculating those rates in 1983.

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ALJ Vacate Drilling Citations, Citing an Unreasonable Interpretation

By Ellen Smith MSHA’s interpretation of a drilling standard is erroneous, not worthy of deference, and would lead to extraordinarily dangerous results, according to a recent ruling by Review Commission Judge Pricilla Rae. The case involved MSHA’s interpretation of §56.7012, which requires that drills be “attended” at all times. The dispute centered around the meaning of “attended.”

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