May 24, 2012

MSHA announces results of June impact inspections

The U.S. Department of Labor's Mine Safety and Health Administration today announced that federal inspectors issued 222 citations, orders and safeguards during special impact inspections conducted at 12 coal mines and two metal/nonmetal mines last month. The coal mines were issued 154 citations, 12 orders and three safeguards, while the metal/nonmetal operations were issued 42 citations and 11 orders.

These inspections, which began in force in April 2010 following the explosion at Upper Big Branch Mine, involve mines that merit increased agency attention and enforcement due to their poor compliance history or particular compliance concerns, including high numbers of violations or closure orders; indications of operator tactics, such as advance notification of inspections that prevent inspectors from observing violations; frequent hazard complaints or hotline calls; plan compliance issues; inadequate workplace examinations; a high number of accidents, injuries or illnesses; fatalities; and adverse conditions such as increased methane liberation, faulty roof conditions and inadequate ventilation.

"The impact inspection program has been an invaluable tool for identifying and addressing mines with serious compliance issues," said Joseph A. Main, assistant secretary of labor for mine safety and health. "While we are still finding mines with chronic problems, we are cautiously optimistic that the majority of operators are getting the message."

As an example from last month's impact inspections, MSHA conducted an impact inspection June 13 — 16 at Lehigh Southwest Cement Co.'s Lehigh Permanente Cement Co. This is a large cement facility located in Santa Clara County, Calif., employing approximately 106 miners. MSHA issued 21 citations and four unwarrantable failure orders during the inspection.

Inspectors noted a number of hazardous conditions, including tripping hazards in workplaces, passageways, storerooms and service rooms; safety defects not repaired in a timely manner, including not securing inspection doors on a kiln and sharp metal roofing hanging down in a travelway; miners working at elevation without proper scaffolding or working platforms; warning signs not readily visible to prohibit smoking and open flames where a fire or explosion hazard exist, and not securing guards while operating machinery. These are conditions commonly associated with injury or death in the mining industry. This is the third impact inspection at this mine. Previous inspections were conducted in January and April 2011.

As a second example from last month, an inspection party arrived during the evening shift on June 3 at S&H Mining Inc.'s S and H Mining Inc. mine in Anderson County, Tenn. Inspectors immediately captured the mine phones on the surface to prevent advance notification. They issued 32 citations and orders, nearly half of them designated as significant and substantial. This is the second impact inspection conducted at this mine; the first was conducted in March 2011.

MSHA issued five 104(d)(1) closure orders and one 104(d)(1) citation for unwarrantable failure of the operator to conduct and record on-shift inspections of its belt lines. Timely on-shift examinations are necessary for the protection of miners from hazards and conditions that may develop during the shift and cause a mine fire.

One 104(d)(1) citation was issued for unwarrantable failure of the mine operator to install a male disconnecting device for a battery charger. One 104(d)(1) order was issued for unwarrantable failure of the mine operator to maintain the continuous mining machine in permissible condition. A 104(b) closure order was issued for failure to abate a previously cited violation for not being able to calibrate the methane monitor on the continuous mining machine. These conditions, if left unchecked and in concert with other conditions, could potentially cause a mine fire, explosion or electrocution of miners.

Inspectors issued other citations for inadequate roof support, electrical violations and accumulation of combustible materials. Additional violations included failing to record that a search was conducted for smoking articles, a nonpermissible roof-bolting machine, an inadequate fire suppression system on a surface belt drive, and an inoperative methane monitor on the continuous mining machine.

Since April 2010, MSHA has conducted 292 impact inspections, which have resulted in 5,207 citations, 490 orders and 19 safeguards.

Editor's note: A spreadsheet containing the results of impact inspections in June 2011 accompanies this news release.  View the spreadsheet (PDF)

© Copyright 2012 U.S. Department of Labor

About the Author

Our Mission is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

866-487-2365

Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. NLR does not accept advertising from attorneys or law firms. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be an advertisement or a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.