WORK PLACE EXAMINATIONS
AND CONTRACTORS
Mark W. Lipe
Education and Training Specialist
Education and Field services (EFS)
MSHA South Central District
DISCLAIMER
Although I have endeavored to accurately reflect the position of the Department, the positions
presented in the following slides do not constitute the official position of the Department except when a
statute or a regulation is quoted. It is solely intended to be an aid in addressing the situations discussed.
“Most of us spend to much time
on what is urgent and not
enough time on what is
important.” – Steven R. Covey
Proactive or Reactive?
Is your safety strategy at your
mine based on compliance?
Or
Developing and maintaining a
safety culture?
The futility of safety enforcement
What happens
when you have a
safety
enforcement
environment
rather than a
safety culture?
Compliance with these standards
Is the bare minimum.
“However beautiful the strategy,
you should occasionally look at
the results.” – Winston Churchill
Purely Academic
70% - No grading on a scale
“If you do what
you’ve always
done, you’ll get
what you’ve always
gotten.” – Tony
Robbins
Public Law 91-164
An Act
1977
Sec. 2. : U.S. Congress declares that –
(a) The first priority and concern of all in the coal or other mining industry
must be the health and safety of its most precious resource – the miner;
(d) The existence of unsafe and unhealthful conditions and practices in the
Nation’s coal or other mines is a serious impediment of the future growth
of the coal or other mining industry and cannot be tolerated.
(e) The operators of such mines with the assistance of the miners have the
primary responsibility to prevent the existence of such conditions and
practices.
(Not optional it’s the law)
.
Code of Federal Regulations 30 (30CFR)
.18002
(a) A competent person designated by the operator
shall examine each working place at least once each
shift for conditions which may adversely affect
safety or health. The operator shall promptly
initiate appropriate action to correct such
conditions.
The standard goes on to require:
(b)A record of the examinations be kept for a period of
one year.
(c) Conditions that may present an imminent danger
be brought to the immediate attention of the
operator who will withdraw all persons other than
those necessary to correct the conditions.
Competent Person
• A Competent Person is defined as a person
having abilities and experience that fully qualify
him to perform the duty to which he is assigned.
Task as defined in 46.2 & 48.22
• Tasks means a work assignment or component
of a job that requires specific job knowledge or
experience
Working place
• “any place in or about a mine where work is
being performed.”
“The price of success is
hard work, dedication to
the job at hand, and the
determination that
whether we win or lose,
we have applied the
best of ourselves to the
task at hand.”
- Vince Lombardi
Contractors
• 46.2 Definitions
• ( e ) Independent Contractor means any person,
partnership, corporation, subsidiary of a
corporation, firm, association, or other
organization that contracts to perform services at
the mine under this part.
• 46.11 Site-specific hazard awareness training
• ( a ) You must provide site-specific hazard
awareness training before any person specified
under this section is exposed to mine hazards
• ( b) You must provide site-specific hazard
awareness training to any person who is not a
miner as defined by 46.2 of this part but is
present at the mine site, including Office or staff
personnel; Scientific workers; Delivery workers
and customers including commercial over-theroad truck drivers
• 46.12 Responsibility for Independent contractor
training
• ( a ) ( 1) Each production operator has primary
responsibility for ensuring that site specific
hazard awareness training is given to
employees of independent contractors who are
required to receive such training under 46.11 of
this part.
• 46.12
• ( 2 ) Each production operator must provide
information to each independent contractor who
employs a person at the mine on site-specific
mine hazards and the obligation of the
contractor to comply with our regulations,
including the requirements of this part.
• 46.12
• ( b ) ( 2 ) The independent contractor must
inform the production operator of any hazards of
which the contractor is aware that may be
created by the performance of the contractor’s
work at the mine.
Standard Requirements for training
• 46.12 Responsibility for independent contractor training
–
–
–
–
(a)1: 46.11 Site Specific training
(a)2: Hazards at site obligations to comply with 46
(b)1: Training
(b)2: Must make the operator aware of the hazards that may be
created by the performance of work…..
• 48.11 & 48.31 Hazard Training
–
–
–
–
(a)1 Hazard recognition and avoidance
(a)2 Emergency and evacuation procedures
(a)3 Health and Safety Standards, Rules, Safe work Practices
…….
Part 46 & 48 Training Plans
As an operator are you aware of the following
items:
Who the contractor employs
Who is on your site
What are they bringing to your site
Have you reviewed their part 46 or 48 plan
Who performed their training
Training documents that meet the standard and
plan
Have you verified the training that was conducted
Training Withdraw orders…
Remember…
• People won’t respect what you don’t inspect!