[Federal Register Volume 60, Number 111 (Friday, June 9, 1995)]
[Proposed Rules]
[Pages 30491-30492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14306]
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DEPARTMENT OF LABOR
30 CFR Parts 56 and 57
Public Meetings on Development of Program Policy Letters; First
Aid Training for Selected Supervisors; and Examination of Working
Places
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice of public meetings.
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SUMMARY: The Mine Safety and Health Administration (MSHA) will hold
three public meetings to discuss the Agency's newly implemented process
of soliciting public input on certain draft policy statements. The
Agency will also discuss its draft policy statements which interpret
existing MSHA regulations pertaining to metal and nonmetal mines
concerning first aid training for selected supervisors, and draft
policy statements which interpret existing MSHA regulations for metal
and nonmetal mines concerning examination of working places.
DATES: MSHA requests that persons planning to participate in the public
meetings notify the Agency at least five days prior to the public
meeting date. All post-meeting written comments should be submitted by
August 25, 1995. The public meetings will be held at the following
locations: July 6 and 7, 1995 in Cleveland, Ohio; July 12 and 13, 1995,
in Elko, Nevada; and July 19, 1995 in Dallas, Texas.
The meetings in Cleveland, Ohio and Elko, Nevada will commence
immediately following the public hearings on MSHA's proposed rule on
safety standards for explosives at metal and nonmetal mines. The public
meeting in Dallas, Texas will commence on the date indicated, beginning
at 9:00 a.m.
ADDRESSES: The public meetings will be held at the following locations:
1. July 6 and 7, 1995--Quality Inn Airport, 16161 Brookpark Road,
Cleveland, Ohio 44142.
2. July 12 and 13, 1995--Holiday Inn, 3015 Idaho Street, Elko,
Nevada 89081.
3. July 19, 1995--U.S. Department of Labor, 525 S. Griffin Street,
7th Floor, Room 754, Dallas, Texas, Zip 75202.
[[Page 30492]] FOR FURTHER INFORMATION CONTACT: Rodric Breland, chief,
Division of Safety, Metal and Nonmetal Mine Safety and Health, 703-235-
8647.
SUPPLEMENTARY INFORMATION:
A. Public Participation
The purpose of these public meetings is to provide a forum for the
mining community to informally and openly exchange ideas with MSHA
about how best to implement current regulatory requirements.
All persons who notify MSHA in advance that they plan to speak will
have time allotted to them for their presentations. MSHA requests that
the notification identify the person and organization, the amount of
time requested for the presentation, and the location where the
presentation will be made. Written statements are not required, but
participants are encouraged to submit written materials and a computer
disk containing the same information.
There will be an opportunity for other persons, who have not made
prior arrangements with MSHA and wish to speak, to register at the
beginning of each public meeting.
Discussion and comments may address revisions as well as
alternative language for the policy statements. No transcript will be
made of these public meetings.
B. Background
On February 22, 1995, MSHA withdrew the following Program Policy
Letters (PPL): PPL No. P94-IV-2, First Aid Training for Selected
Supervisors; PPL No. P94-IV-4, Ventilation Plan; and PPL No. P94-IV-5,
Examination of Working Places (60 FR 9986). On that date MSHA also
informed the public of its intentions to establish a process which
expanded public opportunity to comment on certain policies. As a part
of the same notice, the agency requested public comment on draft
interpretations of existing MSHA regulations at 30 CFR Secs. 56/
57.18010 concerning first aid training for selected supervisors, and 30
CFR Secs. 56/57.18002 regarding examination of working places. Both
draft interpretations pertain solely to metal and nonmetal mines.
C. Discussion of Comments
Some commenters opposed MSHA's new process for issuing policy and
suggested that the Agency should utilize its statutory rulemaking
process to revise the regulations rather than issue a policy statement.
These draft Program Policy Letters are intended to be clarifying
statements of what existing MSHA regulations mean and require. As such,
they do not substantively alter the applicable regulations and
rulemaking is not required.
56/57.18010--First Aid Training for Selected Supervisors
Some commenters agreed with this draft policy statement, while
other commenters wanted to make certain that MSHA interpreted the
regulations as requiring first aid assistance to sick or injured
employees on each working shift. These other commenters suggested that
the agency add to the course content subject matter by addressing
patient assessment, artificial ventilation, control of bleeding,
control of shock, wounds and dressing, burns and scalds,
musculoskeletal injuries, handling and transportation, and immediate
treatment of exposure to hazardous liquids and gases. Some other
commenters objected to MSHA's interpretations of course content,
duration, refresher requirements and posting of course schedules. In
addition, some commenters requested that a record of first aid training
be kept on file.
A few commenters objected to MSHA's interpretation that the
regulations require first aid trained supervisors to be present at the
mine site during all production shifts.
Some commenters suggested that MSHA allow registered nurses,
emergency medical technicians and other medical professionals to
qualify as ``selected supervisors'' under the regulations. These same
commenters also suggested that noncompliance with the standard could be
handled by MSHA's current enforcement tools without the draft policy
statement.
56/57.18002--Examination of Working Places
Some commenters agreed with MSHA's draft policy statement, while
other commenters questioned the qualifications of persons assigned by
operators to conduct required examinations under the regulations. Some
of these commenters also stated that the draft policy could encourage
operators to delegate the responsibilities under the regulations to
conduct these examinations by hourly employees, who do not represent
management.
Regarding recordkeeping requirements of the regulations, some
commenters suggested that MSHA interpret the regulations to include
remedial action taken to address hazardous conditions found during the
examination, in addition to the interpretation of recordkeeping
requirements included in the draft policy. Commenters also objected to
the recordkeeping portion of the draft policy statement as being too
detailed and going beyond the regulatory requirement. Commenters also
recommended that operators be allowed to certify daily that the
examination was conducted in order to satisfy the recordkeeping
requirements of the regulations.
One commenter indicated that MSHA is interpreting the regulations
to require pre-shift examinations. MSHA encouraged operators to perform
these examinations prior to commencement of work in an area. MSHA,
however, clarifies in the draft policy statement that the regulations
allow for the examinations to be performed at any time during the
shift. MSHA has no intentions of citing operators if such examinations
are not conducted prior to each shift.
These commenters also suggested that a trained miner be considered
a ``competent person'' under the regulations. Additionally, these
commenters objected to MSHA's interpretation of the standard's language
that operators promptly initiate appropriate action in order to correct
hazardous conditions as requiring operators to ``promptly initiate the
correction of any hazardous conditions that are found.'' These
commenters support requiring withdrawal of all persons from affected
areas in an imminent danger situation, but suggest that MSHA modify the
draft program policy letter language to permit removing persons from
the area and barricading or posting the area until it is safe for
entry.
Dated: June 2, 1995.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 95-14306 Filed 6-7-95; 12:07 pm]
BILLING CODE 4510-43-P
