Prompts and suggestions are provided to help the writer fill in the proper information; the Help menu is also useful. Appendix A assists with writing a list of all hazardous chemicals at a site. The program can be saved and recalled at any time so it can be updated whenever necessary. Document Type:. Newsletter ;. Collection s :. Stephen B. Thacker CDC Library collection. National Institute for Occupational Safety and Health. Main Document Checksum:. File Type:. Supporting Files. You May Also Like Controlled start for drill motors on roof bolting machines.
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You will be subject to the destination website's privacy policy when you follow the link. However, it should be noted that compliance with Section MSHA recognizes that in certain circumstances the same protection provided by this requirement may also be achieved through different storage arrangements.
However, storage of mine rescue equipment at more than one location may only be adopted through the petition for modification process 30 CFR Part If, for example, three mines owned by different companies enter into an arrangement and designate a common mine rescue station, while still maintaining their own individual teams and stations, inspection activity for Part 49 compliance would be limited to the designated station and to teams assigned to that station only. However, if the operator designates more than one mine rescue station, each station and teams assigned to those stations must meet the requirements of Part This examination shall be for purposes of determining whether the mine operators served by the independent contractors have arranged for the required rescue services.
When independent contractors located off mine property are not equipped to provide the services required by Part 49, the mine operators served by these contractors shall be issued citations for failure to have arranged for the required rescue services. To abate the violation, the operators must either make other arrangements which satisfy Part 49, or have the contractor correct the deficiencies.
Where independent contractors who provide rescue team services to operators are located off mine property, and they refuse or impede MSHA examination of their facilities, the mine operators served by the contractor shall be issued citations for failure to arrange for the rescue services required by Part To abate the violation, the operators must make other arrangements which satisfy Part 49 or assure that examination of the contractor's facilities can be properly made.
These instructions do not apply to those state agencies who have entered into a Memorandum of Understanding with MSHA. The terms of the Memorandum of Understanding will govern the frequency of inspections and actions to be taken.
If this situation exists, the mine rescue station shall be inspected by personnel from either Coal Mine Safety and Health or Metal and Nonmetal Mine Safety and Health, but not by personnel from both entities. To avoid duplication of MSHA inspections and minimize confusion as to which entity should inspect mine rescue stations, the policy below shall be followed:. There are currently eight states which have entered into a Memorandum of Understanding with MSHA concerning mine rescue.
They are:. These states provide mine rescue services to mines within their respective jurisdictions. According to each MSHA-State agreement, inspections of rescue stations are to be conducted every 6 months by a designated MSHA representative in the district where the station is located.
Particular attention should be given to paragraph IID of the agreement which sets out the procedures to be followed for cooperative correction of violations of 30 CFR Part Under this paragraph, violations must be brought immediately to the attention of the appropriate state official so that the state may take prompt action to correct them.
However, no citation or order should be issued to the state. Additionally, the following guidelines should be used in conducting inspections:. If, for example, equipment for three teams is located at a mine rescue station and if sufficient equipment is maintained in operating condition for two teams, there would be no violation if the remainder of the equipment is not in operating condition. However, the inspector should recommend that the non-operational equipment be segregated or conspicuously identified to avoid the possibility of its use in an emergency.
In order to minimize duplication of mine rescue equipment required by 30 CFR A minimum of 12 permissible cap lamps, a charging rack, and two gas detectors must be readily available for mine rescue use. The gas detectors must be appropriate for each type of gas that may be encountered at the mines served.
The initial training requirement is waived only for those miners on established mine rescue teams as of July 11, , because such miners would already be familiar with the use, care and maintenance of the selected breathing apparatus.
This may be accomplished by wearing the apparatus continuously for 2 hours or in smaller increments which total 2 hours for the 2-month period.
Mine rescue team members who participate in a bonafide mine rescue contest will receive an 8-hour training credit which may be applied toward fulfilling the annual refresher training requirements of 30 CFR The training credit must be used within days following the date of the mine rescue contest in which it was earned.
Only one 8-hour training credit will be granted and used during any one calendar year. In order to receive such credit, it is necessary that preparation for and participation in the mine rescue contest include the following elements required by Section This credit will not satisfy the requirement that training sessions be conducted underground at least once each 6 months.
In addition, team training conducted apart from the competition must satisfy all elements of Section PART An evaluation of operator compliance with reporting requirements under Part 50 shall be made at every regular inspection. To ensure that the issuance and assessment of citations for failure to report as required by Part 50 is handled uniformly, inspectors will issue a citation for each separate instance of a failure to report an accident, injury or illness, or quarterly employment and production.
Each such citation will be subject to a separate penalty. Inspection personnel should carefully review the degree of negligence associated with all Part 50 citations. Any violation of Part 50 considered to be the result of a high degree of negligence or other unique aggravating circumstances may be referred for special assessment.
Where circumstances indicate that there has been flagrant conduct surrounding a failure to report, such as attempting to conceal the fact that an injury occurred, serious consideration should be given to a reckless disregard negligence evaluation. The facts involved in such a violation should be carefully documented and transmitted to the appropriate District Manager for use in determining whether a recommendation for special assessment is appropriate.
An "occupational illness" is defined in Code 22 - Dust Disease of the Lungs Pneumoconioses. Examples: silicosis, asbestosis, coal worker's pneumoconiosis, and other pneumoconioses. Diagnosis of an "occupational illness or disease" under Part 50 does not automatically mean a disability or impairment for which the miner is eligible for compensation, nor does the Agency intend for an operator's compliance with Part 50 to be equated with an admission of liability for the reported illness or disease.
MSHA views a disability as distinguishable from a reportable diagnosis of silicosis or other pneumoconioses. On the other hand, states may require different or additional evidence in determining disability such as a physical examination, lung function test, etc. MSHA's position is that any medical diagnosis of a dust disease or illness must be reported under Part A medical diagnosis may be made by a miner's personal physician, employer's physician, or a medical expert.
An operator need not report to MSHA within 10 days any chest x- ray result if the operator is actively seeking a more definitive second opinion in a timely manner and has supporting documentation. MSHA will not take enforcement action for exceeding the 10 day reporting requirement in this situation.
MSHA will accept this majority opinion as an accurate diagnosis for reporting purposes. Factors MSHA will consider in deciding whether to conduct a Part 50 audit after a fatality include the following:. A mine which has been audited within a year preceding a fatal accident need not be audited again, unless the district manager or the Administrator determines otherwise. In addition, these independent contractors must maintain records of such reports under 30 CFR Except as otherwise determined by the district manager, other independent contractors are not required to comply with the above referenced regulatory sections.
Without regard to the type of work being performed, all independent contractors are required to comply with the notification, investigation and preservation of evidence requirements of 30 CFR Sections To minimize the burden of quarterly employment reporting, for those contractors required to do so, only a single MSHA Form must be completed and filed for any calendar quarter in which a contractor has worked.
Only the types of work listed under Paragraph As in the case of mine production operators, the information necessary to complete a Form by an independent contractor is the average number of employees and the total employee hours involved in the work being reported. However, this employment information must be developed separately for the surface mines and for the underground mines where the work being reported was performed.
In addition, in order to ensure compatibility of MSHA statistics, separate forms are to be used for work performed at metal and nonmetal mines and at coal mines.
For work performed at underground mines, this information must be separated for work performed underground and for work performed on the surface of underground mines, and then entered on the appropriate line. For work performed at surface mines, employment information must be separated for the several types of surface mines indicated on the form e. When work being reported on any particular line was performed at more than one site, the required employment information should be computed together.
The independent contractor and the production-operator may coordinate the submission of their quarterly reports so that the production-operator actually submits the report covering the contractor.
It should also be remembered that the independent contractor is individually responsible for complying with 30 CFR Consequently, if the production-operator fails to submit the separate quarterly employment report covering the independent contractor, that contractor may be cited for a violation of its compliance responsibility.
Continued mining or any other action that may alter the site of the fall or any related area is not to be permitted until the MSHA's investigation is completed, except as recognized by 30 CFR Maintaining the entries that provide access into and out of longwall face areas is important to miner safety, particularly in the event of life-threatening circumstances.
Accordingly, falls which block tailgate entries so that passage out of a longwall panel is limited to one side are to be promptly investigated. Under 30 CFR Section The term "accident" is defined by 30 CFR Section The purpose of this investigation is to evaluate the cause of the fall, including the roof support being used and the conditions that caused it to fail.
To conduct a proper evaluation, it is important that the fall and the surrounding area not be disturbed. Therefore, under 30 CFR Section When a report is received that passage through the tailgate side of a longwall panel is blocked, every attempt should be made to expedite the investigation.
To do so, the investigation should begin no later than the end of the shift following the shift on which the fall was reported to MSHA. A hoisting accident is defined in Damage to hoisting equipment is a shaft or slope which endangers an individual or which interferes with use of the equipment for more than thirty minutes.
This definition covers hoisting equipment in a shaft or slope, such as elevators, cages, skips, slope care, platforms and mechanical escape facilities, that is intended or used for the transportation of personnel, equipment, or material. Damage to such equipment meeting the definition in 30 CFR The Code of Federal Regulations requires mine operators and independent contractors performing certain types of work activity on mine property to submit reports of injuries, illnesses, and accidents, as defined in 30 CFR Sections In an effort to reduce the reporting burden and cost to operators and contractors, MSHA has provided a toll-free number connected to a facsimile machine in Denver.
The number is Additionally, the toll-free number in Denver may be used to send the second copy pink copy of Form containing return-to-duty information. In order to differentiate it from the original, however, the word " PINK " must be printed at the top of the copy.
Experience has demonstrated that material prepared in pencil or in blue ink does not transmit legibly. If such forms are transmitted by "fax" and prove to be illegible, the sender will be contacted to resubmit by regular mail. To avoid duplication, however, do not send a copy of the same form through the mail unless requested to do so. Problems with the receiving facsimile machine in Denver may be addressed by calling during normal work hours.
Section The district offices also have facsimile machines with which to receive this document; however, the numbers are not toll free. A list of these fax machine numbers follows. Use of prescription medication for eye injuries remains a reportable treatment under Paragraph The system guides mine operators and contractors through the reporting process, taking into consideration the type of reporting operation.
The system advises users to print a copy of the completed form for company files. This copy will document compliance with reporting requirements under 30 CFR Companies filing electronically will also receive E-Mail confirmation that required information has been received by MSHA.
The system is designed for initial filings submitted for the preceding quarter only. Amended filings that correct information previously filed, or those submitted late, must continue to be mailed to the Office of Injury and Employment Information OIEI , P. Box , Denver, Colorado, or faxed toll-free to Yes, if it meets the criteria listed in Section Copies were also distributed to mine operators.
If I determine, without physically sampling, that a miner's noise exposure equals or exceeds the action level AL , or exceeds the permissible exposure level PEL , maximum level, or dual hearing protection level DHPL , am I still required to notify the miner? Such notification is required regardless of the source of information that shows an overexposure. For example, you must provide the miner written notification that his or her exposure equals or exceeds the action level or exceeds other specified levels based on the noise level information from the equipment's manufacturer or other source.
You must also notify the miner of the corrective actions you will implement. Can I have to satisfy the requirement to notify a miner that his or her exposure exceed the action level 85 dBA by posting a sign at the entrance to the mine site listing those areas at or above 85 dBA, or do I have to give the notices to each individual miner who is exposed to noise at or above 85 dBA? Each miner must be provided with individual written notification. This will ensure that all miners are properly notified and informed of any additional precautions necessary to protect their hearing.
The noise standard does not include a separate definition of a miner. It means any individual working in a coal or other mine. A lot of questions have arisen regarding monitoring, and whether or not monitoring is specifically required. Please clarify my responsibilities regarding noise monitoring. This means that whatever system you establish must keep you aware of when a miner is overexposed to sound levels, whether your exposure determinations are based on noise level information from the manufacturer, sampling conducted by an insurance carrier, or sampling conducted by MSHA.
The noise monitoring provision is performance oriented and does not specify the frequency of monitoring. Yes, depending on the circumstances, you may monitor areas of the mine or representative job tasks in order to obtain sufficient information to determine compliance with the standard.
Monitoring a representative number of the miners operating the same type of equipment is acceptable. However, the monitoring results for one miner operating a piece of equipment may not be consistent with noise exposures for other miners operating similar, but not the same, equipment. If I voluntarily establish a hearing conservation program and enroll all miners at my mine, will I have to monitor for noise exposure at the action level?
However, notifying the affected miners that their exposures are at or above the action level is still required. Can I cover the requirement for notifying a miner of exposure to excessive noise within 15 days by posting the notice on the bulletin board? How should I ensure that a miner received a copy of the results? Can I require the miner to date, time, and initial the document?
Posting the notification on a bulletin board will not meet this requirement. How you ensure that the miner received the notification is not covered by the standard. How does MSHA expect mine operators to control the noise exposure of maintenance workers or examiners who have varying tasks and do not work at set locations, but travel throughout the mine, plant or mill? Does this standard eliminate the need for me to have qualified people conduct noise monitoring? However, persons conducting noise monitoring must be knowledgeable of how to measure noise exposures.
Can miners be exposed to sound levels exceeding the maximum level of dBA for any period of time? When will MSHA cite operators? Is the maximum level a minute average of exposure? MSHA will continue to enforce the maximum level in the same manner that it was enforced under its previous noise standards. In most cases MSHA noise exposure determinations will be based on full-shift surveys using a personal noise dosimeter.
As with exposure exceeding the 90 dBA PEL, if you exceed the maximum level you are required to use all feasible engineering and administrative controls, provide and ensure the use of hearing protection, enroll affected miners in an HCP, post any administrative controls that are being used on the mine bulletin board, and provide copies of those administrative controls to affected miners.
All requirements of Section Where I have multiple pieces of the same type of equipment, how will MSHA address the other pieces while the first piece is being equipped with noise controls? Compliance and feasibility are determined on a case-by-case basis. MSHA intends to give operators a reasonable amount of time to put controls on equipment. In some cases this may require a prolonged period of time, while in other instances it may not.
If a doctor fits a miner with hearing protection will this be permitted in lieu of installing expensive noise controls? If so, a citation will be issued. Will I be issued a b order for failure to install engineering and administrative controls which MSHA believes are feasible? MSHA will first issue a a citation for failure to install feasible controls when required to do so under Section If during a compliance inspection, MSHA finds that you failed to abate the citation within the specified time period, then MSHA may issue a b order.
What will MSHA do in a situation where I have determined that a miner is overexposed to noise and I am in the process of installing controls? The noise standard does not prevent you from bringing any equipment onto your property. Will MSHA continue to apply its metal and nonmetal noise decisions as decided by the Federal Mine Safety and Health Review Commission as the basis for how it will determine feasibility of engineering controls?
Consistent with the Commission decisions, in enforcing the noise standard, MSHA will continue to consider three factors in determining whether engineering controls are feasible at a particular mine.
These factors are: a the nature and extent of the exposure; b the demonstrated effectiveness of available technology; and c whether the committed resources are wholly out of proportion to the expected results. In considering the nature and extent of exposure as a factor in determining whether controls are feasible, MSHA will consider the following components: source s of noise, level dose , and duration of exposure.
For example, the exposure of miners, such as percussive drillers or bulldozer operators, to high levels of noise on a continuous or daily basis would require the application of feasible controls. MSHA intends to continue its longstanding policy currently in effect for metal and nonmetal mine operators of determining what constitutes an effective control, i.
We have many years of experience in achieving significant reduction in sound levels on most pieces of equipment in metal and nonmetal mines. Working together with metal and nonmetal operators and equipment manufacturers, MSHA has made great strides in significantly reducing noise exposure through the use of available noise controls. MSHA has also gathered information on effective noise controls for coal mining equipment. The Office of Technical Support works closely with the inspectorate in providing information on effective noise controls.
MSHA is available to assist operators and miners and has made available a comprehensive list of equipment manufacturers, suppliers of acoustical material and links to other Internet sites where lists of noise consultants may be obtained. In considering this factor, MSHA will determine whether the cost of abatement is out of proportion to the expected reduction in noise exposure. If a control is extremely costly for the operator but the expected reduction in noise exposure is minimal, MSHA may determine that it is not economically feasible for you to install the control.
For example, MSHA will not require rod and ball mills to be enclosed at costs that could reach hundreds of thousands of dollars. However, MSHA may require that control rooms and other practical controls be implemented to reduce noise exposure. Or, does it mean that the feasibility of engineering controls may depend on how many miners are overexposed?
For example, controls that are determined to be feasible where noise exposures are dBA will also be considered feasible where noise exposures are 95 dBA. In addition, a control or combination of controls that brings noise exposure down to compliance levels, but does not achieve a 3 dBA reduction,.
MSHA will, however, consider any adverse effects that the controls may have on the health and safety of the miner. Does MSHA have some threshold of proportionality beyond which a control is deemed infeasible? Does it depend on how many miners the reduction applies to? Although neither MSHA nor the Commission has placed a value on the cost of a control per decibel of reduction or the number of miners affected, MSHA will not require an irrational expenditure to achieve a minimal noise reduction.
In determining the feasibility of administrative controls, MSHA will consider the same three factors that the Commission outlined for determining the feasibility of engineering controls, that is, nature and extent of the exposure, demonstrated effectiveness of available technology, and whether resources are wholly out of proportion to expected results.
Will MSHA require an operator to use feasible engineering controls before implementing administrative controls? When administrative controls are used, the mine operator must post the procedures for the controls and provide a copy to the affected miners.
These circumstances could include the job or occupation that the miner was performing, the area where the miner worked, and the equipment that the miner was using or that was a source of the overexposure.
However, unlike the first scenario, MSHA also determines that the mine operator failed to comply with the requirements of Section MSHA reviews and re-evaluates situations where the P-action code was used to see whether feasibility conditions have changed. If new technology becomes available that could affect feasibility determinations, MSHA will notify the mining community of the new technology by posting information about it on the MSHA web site.
Thereafter, the local MSHA inspector will notify individual mine operators about the new technology if, at their mines, the P-action code was used for which the new technology is relevant. Any failure by MSHA to notify, however, does not relieve the mine operators from their responsibility to implement feasible controls whenever those controls become available. MSHA will make a case-by-case determination of whether implementation of the new technology is feasible for each individual mine where the P-action code was used due to a noise source to which the new technology applies.
There may be reasons why the new technology may not be deemed feasible for a particular mine even though it is effective elsewhere. If MSHA deems the new technology to be feasible for the particular mine, the operator will be so informed and expected to implement it within a reasonable period of time to be determined by MSHA on a case-by-case basis. If the operator installs the new technology and still does not achieve the PEL, a citation would not be issued. If the operator does not do so, and a resample of the occupation determines a citeable overexposure still exists, a citation will be issued for failing to utilize all feasible controls to achieve the PEL.
In addition, MSHA expects the mining industry and equipment manufacturers to work together to develop new or improved noise reduction technology. MSHA will identify and disseminate information about new controls as we become aware of them. Once a miner is enrolled in a hearing conservation program, is there a procedure for removing him or her from the program?
After a miner is enrolled in an HCP, the miner's noise exposure has been reduced to below the AL, and all requirements of Section Effectiveness will be based on factors such as the incidence of miners experiencing a Standard Threshold Shift STS or hearing loss as a result of noise exposures while working at the mine.
How will MSHA enforce the requirements for hearing protectors, and do the requirements for mandatory use of hearing protectors or dual hearing protectors require a miner to wear the hearing protector s continually throughout the entire shift? The use of hearing protectors is required when a miner is exposed to noise at or above the action level and the miner has incurred a standard threshold shift or more than 6 months will pass before the miner can take a baseline audiogram.
If exposure is above a TWA8 of dBA, the operator must also provide and ensure the use of dual hearing protectors. If a miner is not wearing the required hearing protector s in these circumstances, MSHA will issue a citation to the mine operator. MSHA notes that hearing protectors do not necessarily need to be worn for an entire shift. For example, MSHA will not require hearing protectors to be worn in quiet places, or when the miner is no longer exposed to the excessive noise source s when the equipment is not running.
Under those circumstances, MSHA will not issue a citation to the mine operator when a miner is not wearing a hearing protector. Either an NRR rating or another scientifically accepted indicator of noise reduction is required. Hearing aids are not accepted as HPDs. MSHA's definition of a hearing protection device is defined as any device or material, capable of being worn on the head or in the ear canal that is sold wholly or in part on the basis of its ability to reduce the level of sound entering the ear.
Not all devices or materials that are inserted in or that cover the ear to reduce the noise exposure, for example a hearing aid or cotton, meet the definition of a hearing protector under the standard. Will deaf and other hearing impaired miners have to wear HPDs and do I have to reduce their noise exposure? You will be permitted to use noise canceling ear muffs for hearing protection, if they have a Noise Reduction Rating or another scientifically accepted indicator of noise reduction, but you cannot use them as an engineering control.
In addition, they must be permissible to be used inby the last open crosscut in underground coal mines and in certain gassy metal and nonmetal mines. You have the responsibility to make certain that required personal hearing protection is worn. If MSHA determines that a miner is overexposed to noise in this circumstance a citation will be issued. Will a miner have to wear dual hearing protection if he or she leaves the area where dual hearing protection is required?
If a miner does not participate in audiometric testing, does he or she have to wear hearing protection if his or her exposure is between 85 dBA and 90 dBA? In this circumstance it would not be possible to determine if the person had a standard threshold shift. Is a miner required to wear dual hearing protection if he or she has a medical condition for example, ear infection that prevents him or her from wearing personal hearing protectors?
For miners with a medical condition such as an ear infection, Section What about miners who wear eyeglasses and are required to wear ear muff type hearing protection?
The standard does not exempt from its requirements miners who wear eyeglasses. MSHA believes that the proper selection and combination of hearing protectors should alleviate this concern. For example, newer models of ear muffs, which are readily available, are specifically designed to be used with safety glasses.
Other models which were specifically designed for use with hard hats or welding shields are also readily available. Are personal hearing protectors required for anyone traveling or working in areas above 90 dBA or just for those employees who are known to be overexposed? When such exposures occur, miners must wear their hearing protection whenever they are exposed to sound levels that could contribute to their dose i.
Although MSHA expects mine operators to comply with the day time frame, if the operator can demonstrate that compliance was beyond its reasonable control, MSHA may allow the operator more time to obtain the audiometric test results.
MSHA will make this determination on a case-by-case basis. What factors should a physician or audiologist consider when making a determination that hearing loss is neither work-related nor aggravated by occupational noise exposure under the reporting requirements for reportable hearing loss?
If there is evidence of non-occupational causes for the hearing loss, the physician or audiologist should look beyond the work place for the cause of the hearing loss.
Will I have to make individual contact with miners about voluntary audiograms once I have implemented a hearing conservation program? You must inform miners that audiograms are available. The standard does not specify how the miners are to be informed. You must offer miners the opportunity for audiometric testing of the miner's hearing sensitivity for the purpose of establishing a valid baseline audiogram to compare with subsequent annual audiograms.
Posting of audiometric test dates and locations in areas where all affected miners can see them will be acceptable. Yes, you may use a current audiogram as a baseline audiogram for purposes of complying with Section However, you should schedule baseline audiometric testing as soon as possible after miners are enrolled in your HCP.
Up to 12 months is allowed for those situations where getting access to a mobile testing facility is not possible during the initial six months.
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