Final Policy on Examination of Working Places

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

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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]

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