[Federal Register Volume 61, Number 161 (Monday, August 19, 1996)]
[Rules and Regulations]
[Pages 42787-42788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20987]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 56 and 57
Final Policy on Examination of Working Places
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Final rule; policy.
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SUMMARY: The Mine Safety and Health Administration (MSHA) is revising
its policy concerning the examination of working places at all metal
and nonmetal mining operations to clarify operators' obligations under
30 CFR 56.18002 and 57.18002, Examination of Working Places. To ensure
that all interested persons are informed of this action, MSHA is
publishing the full text of the Program Policy Letter addressing these
standards in Appendix I of this notice. This policy letter supersedes
MSHA's existing policy regarding enforcement of these standards.
EFFECTIVE DATE: November 18, 1996.
FOR FURTHER INFORMATION CONTACT: Rodric Breland, Chief, Division of
Safety, Metal and Nonmetal Mine Safety and Health, 703-235-8647.
SUPPLEMENTARY INFORMATION:
I. Paperwork Reduction Act
The information collection requirement in Secs. 56.18002 and
57.18002 has been approved by the Office of Management and Budget under
control number 1219-0089.
II. Discussion of Final Policy
MSHA's safety standards in Secs. 56.18002 and 57.18002 concerning
examination of working places at metal and nonmetal mines were first
promulgated as advisory standards in July 1969 and became mandatory in
August 1979. MSHA issued Program Policy Letter (PPL) No. P94-IV-5 on
December 12, 1994, clarifying its policy concerning these standards.
Shortly thereafter, MSHA introduced a new procedure to encourage
participation in enforcement policy formulation and withdrew the PPL
concerning examination of working places. Subsequently, the PPL was
revised and published in the Federal Register (60 FR 9987) on February
22, 1995 and public input was solicited. The Agency also held public
meetings on July 6 and 7, 1995, in Cleveland, Ohio; and July 12 and 13,
1995, in Elko, Nevada. MSHA received comments from both labor and
industry, and considered these comments in the development of this
final policy.
The Agency is now publishing the final policy in the Federal
Register to ensure that all interested parties are informed. MSHA also
will issue this policy as Program Policy Letter No. P96-IV-2 and as an
update to the Program Policy Manual, Volume IV, pages 61 and 62. The
full text of this Program Policy Letter is published in Appendix I of
this notice. This policy letter supersedes MSHA's existing policy
regarding enforcement of these standards.
Dated: August 8, 1996.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
Appendix I--Program Policy Letter No. P96-IV-2--30 CFR 56.18002 and
57.18002--Examination of Working Places
Effective Date: November 18, 1996.
Expiration Date: 3/31/97.
Program Policy Letter No. P96-IV-2
From: Vernon R. Gomez, Administrator for Metal and Nonmetal Mine
Safety and Health.
Subject: 30 CFR 56.18002 and 57.18002--Examination of working
places.
Scope
This policy letter applies to metal and nonmetal mine operators
and Metal and Nonmetal Mine Safety and Health Administration (MSHA)
enforcement personnel.
Purpose
This policy letter revises MSHA's existing policy regarding
enforcement of its standards in Title 30, Code of Federal
Regulations (30 CFR) Secs. 56.18002 and 57.18002, Examination of
working places, to clarify operators' obligations under these
standards. MSHA also is revising this policy in MSHA's Program
Policy Manual, Volume IV, pages 61 and 62.
Mine operators are responsible for preventing unsafe conditions
and practices and correcting safety and health hazards before miners
become exposed to them. MSHA believes that regular working place
examinations are fundamental to the prevention of accidents in the
mining industry. MSHA standards in 30 CFR 56.18002 and 57.18002
require the operator to conduct a regular examination of working
areas for hazards. As a result, miners will be ensured a safer and
more healthful mine environment.
Policy
30 CFR Secs. 56/57.18002, Examination of working places,
provide:
(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.
(b) A record that such examinations were conducted shall be kept
by the operator for
[[Page 42788]]
a period of one year, and shall be made available for review by the
Secretary or his authorized representative.
(c) In addition, conditions that may present an imminent danger
which are noted by the person conducting the examination shall be
brought to the immediate attention of the operator who shall
withdraw all persons from the area affected (except persons referred
to in section 104(c) of the Federal Mine Safety and Health Act of
1977) until the danger is abated.
MSHA intends that the terms ``competent person'' and ``working
place,'' used in Secs. 56/57.18002(a), be interpreted as defined in
Secs. 56.2 and 57.2, Definitions.
A ``competent person,'' according to Secs. 56.2 and 57.2, is ``a
person having abilities and experience that fully qualify him to
perform the duty to which he is assigned.'' This definition includes
any person who, in the judgment of the operator, is fully qualified
to perform the assigned task. MSHA does not require that a competent
person be a mine foreman, mine superintendent, or other person
associated with mine management.
The phrase ``working place'' is defined in 30 CFR Secs. 56.2 and
57.2 as: ``any place in or about a mine where work is being
performed.'' As used in the standard, the phrase applies to those
locations at a mine site where persons work during a shift in the
mining or milling processes.
Standards 56/57.18002(b) require operators to keep records of
working place examinations. These records must include: (1) the date
the examination was made; (2) the examiner's name; and (3) the
working places examined. MSHA intends to allow operators
considerable flexibility in complying with this provision in order
to minimize the paperwork burden.
Records of examinations may be entered on computer data bases or
documents already in use, such as production sheets, logs, charts,
time cards, or other format that is more convenient for mine
operators.
In order to comply with the record retention portion of
Secs. 56.18002(b) and 57.18002(b), operators must retain workplace
examination records for the preceding 12 months. As an alternative
to the 12-month retention period, an operator may discard these
records after MSHA has completed its next regular inspection of the
mine, if the operator also certifies that the examinations have been
made for the preceding 12 months.
Evidence that a previous shift examination was not conducted or
that prompt corrective action was not taken will result in a
citation for violation of Secs. 56.18002 and 57.18002 (a) or (c).
This evidence may include information which demonstrates that safety
or health hazards existed prior to the working shift in which they
were found. Although the presence of hazards covered by other
standards may indicate a failure to comply with this standard, MSHA
does not intend to cite Secs. 56.18002 and 57.18002 automatically
when the Agency finds an imminent danger or a violation of another
standard.
Background
Failure to conduct working place examinations has been a
contributing cause of a significant number of recent accidents. In
the 5-year period from 1988-1992, MSHA has investigated 17 serious
and fatal accidents where working place examinations were not
conducted or were inadequately conducted and were found to have
contributed to the cause of the accident.
Authority
30 CFR Secs. 56.18002 and 57.18002.
Filing Instructions
This policy letter should be filed after the tab ``Program
Policy Letters,'' located behind Volume IV of the Program Policy
Manual.
Issuing Office and Contact Person
Metal and Nonmetal Mine Safety and Health, Division of Safety,
Richard Feehan, 703-235-8647
Distribution
Program Policy Manual Holders
Metal and Nonmetal Mine Operators
Metal and Nonmetal Independent Contractors
Metal and Nonmetal Special Interest Groups
[FR Doc. 96-20987 Filed 8-16-96; 8:45 am]
BILLING CODE 4510-43-P
