Jackson Kelly PLLC

Workplace Safety and Health News Alert

MSHA REVIEWS ACCIDENTS, DISCUSSES EDUCATIONAL AND REGULATORY DEVELOPMENTS ON STAKEHOLDERS’ CALL

February 11, 2018

For clients and friends of Jackson Kelly PLLC
Volume 14, Number 3
©2018 Jackson Kelly PLLC

The Mine Safety and Health Administration (“MSHA”) conducted its quarterly Stakeholders’ call on February 12, 2018, whereby it reviewed accident information and provided brief updates on educational and regulatory developments.

Agency representatives began the call by reviewing fatality and serious injury information for both the fourth quarter and all of 2017, in both the coal and metal/non-metal sectors. Power haulage played key roles in accidents in both sectors, attributing to 7 out of 15 coal fatalities and 7 out of 13 metal/non?metal fatalities. Assistant Secretary David G. Zatezalo pointed out that the failure to wear seat belts accounted for two, and possibly three of the fatal accidents. Mr. Zatezalo noted that MSHA is planning upcoming initiatives concerning power haulage, generally, and the use of seat belts, specifically.

MSHA unveiled a new educational tool on the call.  The Educational Policy and Development Division announced a new DVD focusing on dredging safety which was developed along with representatives of industry; the program is available online. The Agency asked industry Stakeholders to provide it with ideas for additional new training material.

Finally, Agency officials touched briefly on regulatory developments. They mentioned that comments submitted last year on the revised proposal for the Workplace Examination standard are being reviewed and that a revised rule is forthcoming. According to the officials, once that rule is announced, there will be at least one outreach session in each of the metal/non-metal districts. MSHA has also promised that inspectors will be trained on the new rule in an effort to achieve consistency in enforcement.

On the coal side, Mr. Zatezalo reminded Stakeholders that the compliance deadline for proximity detection on continuous miners is March 16, 2018. He also discussed MSHA’s retrospective study of the Dust Rule. That study was initially scheduled to begin in 2017 but did not. Mr. Zatezalo stated that it will take place in 2018.

Finally, Mr. Zatezalo commented that the Agency continues to receive responses to its request for ideas on regulations that can be repealed, replaced or modified. A committee has been formed to review the responses. Stakeholders can continue to submit ideas via a link on the Agency’s website.

OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado

Responsible Attorney
Karen L. Johnston
303.390.0008
kjohnston@jacksonkelly.com

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