Supervisory Responsibility - PowerPoint PPT Presentation

1 / 43
About This Presentation

Supervisory Responsibility


Supervisory Responsibility Responsibilities under the 1977 Federal Mine Safety and Health Act Congress Declared First priority of the mining industry is the ... – PowerPoint PPT presentation

Number of Views:93
Avg rating:3.0/5.0
Slides: 44
Provided by: Barba269


Transcript and Presenter's Notes

Title: Supervisory Responsibility

Supervisory Responsibility
  • Responsibilities under the 1977 Federal Mine
    Safety and Health Act

Congress Declared
  • First priority of the mining industry is the
    health and safety of the miner.
  • Improve mining conditions.
  • Establish mandatory standards requiring mine
    operators and miners to comply.
  • Eliminate serious injury and death in the mining

Federal Mine Safety and Health Act of 1977
  • Miner - any individual who works in a mine.
  • Operator - any owner, lessee or other person who
    operates, controls or supervises a mine, OR
  • Any independent contractor performing services or
    construction at a mine. Contractors account for
    30-35 of all mining fatalities.

Contractor Responsibilities
  • Must comply with the Mine Act.
  • Will be issued citations for violations of
    mandatory health and safety standards.
  • Must ensure the actions of their employees do not
    create hazards for the mine operators employees
    as well as their own employees.
  • Monitor their employees and their activities.

Operators Responsibilities Regarding Contractors
  • Specify rigid requirements in contracts with
    contractors to control the contractors behavior.
  • Monitor the contractors activities while on
    operators property.
  • Ensuring contractor is aware of and enforces
    MSHAs regulations.
  • May also receive citations/orders for contractor

What Is An Agent
  • ANY person charged with responsibility for the
    operator of all or part of a mine

  • Are you a supervisor, a leadman, foreman,
    superintendent, etc.?
  • If yes to any of the above, you are an AGENT.
    Are you aware of your responsibilities under the
    mine act?
  • Are you aware of the potential consequences of
    ignoring them?
  • Listen up!!!

AN ACTLevels of Enforcement
  • Section 103
  • A) mandatory minimum of 4 2 inspections per
  • D) all accidents investigated by operator.
  • F) right of the miner to have representation on
    an inspection.
  • G) right to request an immediate inspection.

  • Section 104
  • (A) - citations shall be issued for
  • (B) - non-compliance orders
  • (D)(1) - unwarrantable failure citation
  • (D)(1) - unwarrantable failure order(s)
  • (D)(2) - unwarrantable failure order(s)
  • (G)(1) - untrained miner withdrawn from the
  • (G)(2) - no discrimination or loss of pay
    because of withdrawal.

Significant And Substantial (SS)
  • What makes a violation SS?
  • Gravity (section 10 of citation/order)
  • If a condition is left unabated, what is the
    likelihood it would result in an injury, and
  • If there was an injury, how serious would it be?
  • For a violation to be SS, there must be a
    reasonable likelihood that an injury will occur
    and the injury would result in lost workdays or
    restricted duty.

SS Defined
  • A violation is of such nature as could
    significantly and substantially contribute to the
    cause and effect of a mine safety and health
    hazard ifbased upon thefacts surrounding that
    violation, there exists a reasonable likelihood
    that the hazard contributed to will result in an
    injury or illness of a reasonably serious nature.

How Is Operator Negligence Determined?
  • Negligence is failure to exercise the degree of
    care or diligence you would reasonably expect
    from a prudent personin a position of
  • There are some types of violative conditions that
    are more hazardous than others and require a
    higher degree of care
  • So..

  • No negligence - operator exercised diligence and
    could not have known of the violative condition
    or practice,
  • Low neg - operator knew or should have known, but
    there were considerable mitigating circumstances.
  • Moderate neg - knew or should have known, but
    there was some mitigation.
  • High neg - knew or should have known with no
  • Reckless disregard - operator displayed conduct
    showing absence of even the slightest degree of

Unwarrantable Failure
  • Unwarrantability is a negligence determination.
  • Factors caused by a high degree of negligence or
    reckless disregard should be evaluated for an
    unwarrantable failure to comply.

Factors Address By Inspector
  • Amount of time violative condition existed.
  • Hazard was serious warranting increased attention
    by the operator.
  • Violation was repetitious of a previous
  • Violation was the result of deliberate activity,
    or the operator had knowledge or reason to know.

Emery Mining 1987
  • The commission changed the negligence test from
    the Ziegler knew or should have known to one
    that requires aggravated conduct which is more
    than ordinary negligence.

Commission Definition
  • Unwarrantable is defined as not justifiable,
  • Conduct that is not justifiable and is
    inexcusable is the result of more than
  • Inadvertence, thoughtlessness, or inattention.
  • Failure is defined as neglect of an assigned,
    expected, or appropriate action.

Section 107(a)
  • Imminent danger order
  • Too hazardous to continue operations without
    the possibility of something occurring and,
  • Requires immediate action

SECTION 105(a)
  • This section gives MSHA the ability to assess a
    proposed penalty for violations.

  • Fines range from 55 to 55,000 for violations of
    safety and health standards.
  • Smoking violations - 275
  • Working in the face of order - 5,500 per day.

Penalties (Cont)
  • Minimum penalty 55 for non SS citation
  • Assessment for SS violations determined by
  • Gravity (likelihood and severity)
  • Negligence
  • History of violations
  • Size of company
  • Operators good faith at abatement
  • Final assessment based on ability to pay.

Purpose Of Section 110
  • In enacting the MSHA ACT, congress recognized
    that strict civil and criminal penalties for
    violations were necessary to ensure that the
    health and safety standards would be
    mettherefore, congress expressly imposed civil
    and criminal penalties on both the mine operator
    and AGENTS of corporate mine operators. This is
    the highest level of enforcement action.

110 (c) - CIVIL
  • If a corporate operator violates a mandatory
    standard or knowingly fails to comply with any
  • Any director, officer, or agent who knowingly
    authorized, ordered, or carried out such
    violation, shall be subject to civil penalties,
    fines and imprisonment as in 110(a) and (d)
  • (55,000/vio or 250,000 1yr in prison or both)

SECTION 110(c)
  • In reference to section 110(c), knowingly has
    been defined as
  • Knowing or having reason to know. A person has
    reason to know when he has such information as
    would lead a person exercising reasonable care to
    acquire knowledge of the fact in question or to
    infer its existence. MSHA must show a
    preponderance of evidence existed. A civil
    penalty may be proposed against an officer,
    director or agent of a corporation.

SECTION 110(d)
  • In reference to 110(d) of the act, willfully
    has been defined as
  • Done knowingly and purposely by a person who,
    having a free will and choice, either
    intentionally disobeys the standard or recklessly
    disregards its requirements.

  • Government must establish beyond a reasonable
    doubt that ANY operator willfully violated any
    mandatory health or safety standard or other
    provision of the act.
  • The fourth circuit court of appeals has defined
    reckless disregard as
  • The closing of the eyes to OR deliberate
    indifference toward the requirements of a
    mandatory safety standard, which standard
    defendant should have known and had reason to
    know at the time of the violation.

Who Can Be Charged??
  • A few examples are
  • Supervisors/foremen/leadmen
  • Superintendents
  • Managers
  • Engineers
  • Owners/partners
  • Manufacturers
  • Vendors
  • Contractors

Other Section 110 Violations
  • 110(e) - any person notifying an operator of
    impending inspection
  • 110(f) - false statement, representation, or
    certification in any application, record, report,
    plan or other document filed or required to be
    maintained by the ACT.
  • (Includes falsification of a 5000-23 training

SECTION 110(f)
  • This section makes it a felony to knowingly make
    any false statement, representation, or
    certification in any application, record, report,
    plan, or other document filed or required to be
    maintained under the mine act. The penalty for a
    violation of this provision is a fine of up to
    250,000 and not more than five years in prison.

  • This provision applies to ANYONE.
  • Whoever makes a false statement - Person making
    the false statement does not have to be an
    officer, agent, director, operator, miner, or
    even an employee at the mine.
  • Typically arises in the context of falsified
    training certificates, where the trainer
    certifies proper training has been given, when in
    fact, it has not (Part 46 Part 48)

  • 110(g) - miner willfully smoking or carrying
    smoking materials.
  • 110(h) knowingly distributes, sells, offers,
    induces, or delivers in commerce any equipment
    for use in a mine, including components and
    accessories, which is represented as complying
    with the ACT but does not.

Violations Reviewed For Possible 110 Action
  • 107(a) order with 104(a) citation
  • condition or practice in a mine which could
    reasonably be expected to cause death or serious
    injury before it can be abated.)
  • 104(d) citations or orders with a high degree of
    negligence and evaluated as SS (high degree of

  • Operator working against an order.
  • District manager prerogative
  • The district manager has authority to open an
    investigation into anything he/she deems

Factors To Consider For Further 110 Action
  • Was there a violation of a mandatory, health and
    safety standard and was it properly cited
  • Was there a high degree of risk to the health
    and/or safety of the miner
  • Did the operator or agent have knowledge or
    reason to know about the facts or conditions of
    the violation.

Who Does The Reviews
  • inspector completes possible knowing/willful
    review form.
  • researches, makes recommendations.
  • reviews and agrees or disagrees.
  • makes final decision whether to investigate or

Special Investigation
  • If a determination is made to investigate, the
    case will be assigned to a special investigator.
  • The investigator will conduct thorough interviews
    with employees and members of management to
    determine if there has been a violation of
    section 110(c) or 110(d).

After The Investigation
  • - After investigation, writes report of facts and
    recommends to district manager, knowing, willful,
    or no further action.
  • - Case forward to headquarters where it is
  • - Case forward to MSHA solicitors.
  • - Solicitors complete legal analysis and make
    recommendation to administrator.

  • - Administrator finalizes review and district
    instructed to hold health and safety conference
    or instructs appropriate officials to make
    referral to DOJ.
  • - District manager conducts health and safety
    conference with person charged.
  • - District manager makes decision and prepares
    final letter of action to be sent to MSHA
    assessments group.
  • - Assessments sends fine to agent/agents.

Avoiding Investigation
  • Educate all levels of management of their
  • Train everyone in hazard recognition.
  • Establish procedures for correcting hazards.
  • Know the law, regulations, and your rights.

Two Important RegulationsMetal/Nonmetal
  • 30 CFR 56.14100 -
  • (a) equipment checks
  • (b) correcting defects
  • (c) take defective equip out of service
  • (d) record the defects
  • 30 CFR 56.18002 -
  • (a) competent person examines workplaces for
    safety hazards
  • (b) record examinations
  • (c) imminent dangers noted by person checking for
    hazards shall be acted on by operator and
    withdraw persons until corrected.

  • What is protected activity?
  • Rights afforded to the miners by the mine safety
    and health act.
  • When a miner is treated adversely for engaging in
    a protected activity..
  • The miner has the right to file a discrimination
    complaint with MSHA.

Protected Activities
  • Include but not limited to
  • Represented on federal inspections
  • File or make a complaint of an alleged danger or
    safety or health violation.
  • Institute any proceeding under the act (e.g.,
    Filing a complaint pursuant to section 111)
  • Refuse to work in unsafe or unhealthy conditions
    (good faith belief)
  • Enforcement of safety training of section 104(g)
    and section 115 of the mine act.

Discriminatory Acts
  • Discharge or termination
  • Laying off
  • Demotion
  • Refusal of employment
  • Reduction in benefits, vacation, bonuses, or
    rates of pay
  • Changes of pay and hours of work
  • Subtle forms of interference, such as promises of
    benefit or threats of reprisal
  • Interference with statutory rights
  • Transfer to another position at less pay

The More Informed You Are...
  • The more time spent understanding the mine act
    and the safety and health regulations, the better
    equipped you will be to train employees, prevent
    accidents, and to take care of hazards before an
    inspector observes them and issues citations.
    This will make you better supervisors and
Write a Comment
User Comments (0)