Supervisory TrainingSupervisory Training

20072007

includes Surface Certification includes Surface Certification Training as required by MSHA CFR Training as required by MSHA CFR

30 Part 77.10030 Part 77.100

SupervisorsSupervisors

Do you stop and correct Do you stop and correct everyevery unsafe unsafe act or unsafe condition? If not, you’re act or unsafe condition? If not, you’re telling the worker it is okay to work telling the worker it is okay to work unsafe?unsafe?

If they get hurt because you walked If they get hurt because you walked past the unsafe situation….past the unsafe situation….who is at who is at faultfault??

YOUYOU ARE ARE

The Supervisor’s RoleThe Supervisor’s Role

In your work area, In your work area, YOUYOU must ensure must ensure your workers are safe.your workers are safe.

YOUYOU must integrate safety into every must integrate safety into every activity of your work group.activity of your work group.

AND, AND, as an agent of the companyas an agent of the company, , YOUYOU must ensure ALL workers are safe. must ensure ALL workers are safe.

Be proactive rather than reactive!Be proactive rather than reactive!

The Supervisor’s RoleThe Supervisor’s Role

MSHA says, MSHA says, YOUYOU are the are the Responsible Responsible PartyParty

In a nutshell, In a nutshell, YOUYOU carry out your safety roles carry out your safety roles by setting the example.by setting the example.

YOUYOU must take the initiative to maintain a must take the initiative to maintain a safe and healthy work place for all workers.safe and healthy work place for all workers.

YOUYOU do this by creating and fostering a do this by creating and fostering a strong safety culture within your work group.strong safety culture within your work group.

But understand it doesn’t end here…But understand it doesn’t end here…

Supervisors Shall:Supervisors Shall:

Communicate with workers regarding safetyCommunicate with workers regarding safety– Ensure they understand through repeat dialogueEnsure they understand through repeat dialogue

Eliminate or minimize Eliminate or minimize potentialpotential for injury for injury Stop work if continuing would pose imminent Stop work if continuing would pose imminent

danger.danger. Ensure proper safety equipment is available, Ensure proper safety equipment is available,

and and requirerequire employees to use it. employees to use it. Encourage prompt reporting of health and Encourage prompt reporting of health and

safety issues.safety issues.– You must act on those safety issuesYou must act on those safety issues

History of MSHAHistory of MSHA 1891 – Mine law established ventilation requirements and 1891 – Mine law established ventilation requirements and

prohibited children under 12prohibited children under 12 1910 – Coal mine fatalities exceeded 2,000 annually1910 – Coal mine fatalities exceeded 2,000 annually

– Bureau of Mines establishedBureau of Mines established Research onlyResearch only No inspection authorityNo inspection authority

1941 – Empowered federal inspectors1941 – Empowered federal inspectors 1966 – Federal Coal Mine Safety Act1966 – Federal Coal Mine Safety Act

– Applied only to certain underground mines until 1966Applied only to certain underground mines until 1966– Assessment of penaltiesAssessment of penalties

1969 –Federal Coal Mine Health and Safety Act1969 –Federal Coal Mine Health and Safety Act– More stringentMore stringent– Included surface mines for first timeIncluded surface mines for first time– 2 annual inspections required for surface (4 for underground)2 annual inspections required for surface (4 for underground)– Federal enforcement powers strengthenedFederal enforcement powers strengthened– Health standards adoptedHealth standards adopted– Compensation for disabled “black lung” minersCompensation for disabled “black lung” miners

History of MSHAHistory of MSHA

1973 – Mine Enforcement and Safety 1973 – Mine Enforcement and Safety Administation (MESA)Administation (MESA)– Separated Bureau of Mines from mine Separated Bureau of Mines from mine

enforcementenforcement 1977 – Federal Mine Safety and Health Act1977 – Federal Mine Safety and Health Act

– Consolidated all the health & safety regulations Consolidated all the health & safety regulations for the mining industryfor the mining industry

– Consolidated coal and non-coal minesConsolidated coal and non-coal mines– Expanded rights of minersExpanded rights of miners– Protected miners from retaliationProtected miners from retaliation– Transferred from Dept. of Interior to Dept. of Transferred from Dept. of Interior to Dept. of

LaborLabor– Agency renamed to MSHAAgency renamed to MSHA– Fatalities dropped form 272 to 86 in 2000Fatalities dropped form 272 to 86 in 2000

MSHA 101MSHA 101

Citations and Orders are the primary Citations and Orders are the primary tool through which MSHA enforces the tool through which MSHA enforces the requirements of the Mine Act and the requirements of the Mine Act and the regulatory requirements set out in 30 regulatory requirements set out in 30 C.F.R. C.F.R.

Types of MSHA Types of MSHA CitationsCitations Non-S and S Non-S and S S and SS and S OrdersOrders Personal Fines for Individual Personal Fines for Individual

Miners (underground mines only – Miners (underground mines only – smoking)smoking)

Personal Fines for SupervisorsPersonal Fines for Supervisors

Non-Significant and Non-Significant and SubstantialSubstantial(Non-S & S)(Non-S & S)

104 (a) Health or Safety Violations104 (a) Health or Safety Violations Minor infractionsMinor infractions You must correct the hazard You must correct the hazard Minimum fine - $112 (up from $60)Minimum fine - $112 (up from $60) Generally Generally ‘terminated’‘terminated’ same or next same or next

business daybusiness day

Significant and SubstantialSignificant and Substantial

(S & S)(S & S)

Serious Health or Safety ViolationsSerious Health or Safety Violations Must be addressed immediatelyMust be addressed immediately Fines run into the thousands Fines run into the thousands May take several days to correct May take several days to correct If not ‘terminated’ by ‘close-out’… it If not ‘terminated’ by ‘close-out’… it

will require another MSHA visitwill require another MSHA visit

S&S determinations are S&S determinations are based on Gravitybased on Gravity

Based on two criteria:Based on two criteria:1.1. If a condition is left unabated, what is If a condition is left unabated, what is

the likelihood it would result in an the likelihood it would result in an injury; andinjury; and

2.2. If there was an injury, how serious If there was an injury, how serious would it be?would it be?

For a citation to be S&S, an injury must For a citation to be S&S, an injury must be be reasonably likely to occurreasonably likely to occur AND AND result result in lost workdays or restricted duty.in lost workdays or restricted duty.

OrdersOrders

103 (k) Safety Order103 (k) Safety Order 103 (g) Hazardous Complaint 103 (g) Hazardous Complaint 104 (b) Failure to Abate104 (b) Failure to Abate 104 (d) Serious Danger/Health Threat104 (d) Serious Danger/Health Threat 104 (e) Pattern of Violations104 (e) Pattern of Violations 104 (g) Untrained Miners 104 (g) Untrained Miners 107 (a) Imminent Danger107 (a) Imminent Danger

OrdersOrders

103 (k) Safety Order103 (k) Safety Order Restricts access after an accidentRestricts access after an accident Preserves the scene pending an Preserves the scene pending an

MSHA investigationMSHA investigation Need approval prior to entry for Need approval prior to entry for

recovery of persons or product, recovery of persons or product, etc.etc.

No penaltyNo penalty

OrdersOrders

103 (g) Hazardous Complaint103 (g) Hazardous Complaint Complaint filed/reported by a miner or Complaint filed/reported by a miner or

miner’s representative of a violation or miner’s representative of a violation or imminent danger (in writing)imminent danger (in writing)

Requires MSHA to conduct an immediate Requires MSHA to conduct an immediate inspection – Operator gets copy of inspection – Operator gets copy of complaintcomplaint

MSHA notifies reporting party of it’s findingsMSHA notifies reporting party of it’s findings May result in citation/order being writtenMay result in citation/order being written

OrdersOrders

104 (b) Failure to Correct Violation104 (b) Failure to Correct Violation Non-Compliance orderNon-Compliance order Personnel immediately withdrawn/or Personnel immediately withdrawn/or

prohibited from entryprohibited from entry Increases the cost of the original fine Increases the cost of the original fine Withdrawn employees receive full payWithdrawn employees receive full pay

OrdersOrders

104 (d) Unwarrantable Failure104 (d) Unwarrantable Failure First violation = CitationFirst violation = Citation Similar violations = Order (D-series) Similar violations = Order (D-series)

-A violation, even non-S&S (written within 90 -A violation, even non-S&S (written within 90 days of first one)days of first one)-If mine goes next full inspection without an -If mine goes next full inspection without an unwarrantable – it is off the D-series and 90-day unwarrantable – it is off the D-series and 90-day rule does not applyrule does not apply

Fines up to $220,000 eachFines up to $220,000 each

OrdersOrders

104 (e) Pattern of Violations104 (e) Pattern of Violations MSHA’s least-used, but most-feared toolMSHA’s least-used, but most-feared tool MSHA can issue notice of POV to any operator MSHA can issue notice of POV to any operator

having a pattern of S&S violations. having a pattern of S&S violations. MSHA Screening looks for ‘habitual violators’.MSHA Screening looks for ‘habitual violators’. After the notice MSHA is required to issue After the notice MSHA is required to issue

withdrawal orders for every S&S citationwithdrawal orders for every S&S citation Last chance notice and District Manager Last chance notice and District Manager

review gives an operator the chance to avoid review gives an operator the chance to avoid enforcement action enforcement action

Generally results in on-going reviews but could Generally results in on-going reviews but could lead to forced closure of the mine operation lead to forced closure of the mine operation

OrdersOrders

104 (g) Training Violation104 (g) Training Violation No MSHA Training (Part 46/48)No MSHA Training (Part 46/48) Annual Training ExpiredAnnual Training Expired No Task TrainingNo Task Training No Site Specific TrainingNo Site Specific Training Withdrawal until trainedWithdrawal until trained Must compensate withdrawn miners Must compensate withdrawn miners

OrdersOrders

107 (a) Imminent Danger Order107 (a) Imminent Danger Order Conditions deemed too hazardous Conditions deemed too hazardous

to continue operations due to the to continue operations due to the possibility of a serious injurypossibility of a serious injury

Requires immediate withdrawal Requires immediate withdrawal from affected area until hazard from affected area until hazard has been addressed. has been addressed.

The MSHA act: Section The MSHA act: Section 110110

...the Act allows MSHA to impose...the Act allows MSHA to impose civil civil and criminal penaltiesand criminal penalties on both the on both the company and company and AGENTSAGENTS of the mine. of the mine.

Supervisors and Safety Supervisors and Safety RepresentativesRepresentatives are AGENTS and can are AGENTS and can

be held responsible, face monetary be held responsible, face monetary fines, criminal charges and even jail fines, criminal charges and even jail

time.time.

The MSHA act: Section The MSHA act: Section 110110

110(c) - Corporate agent assessed civil 110(c) - Corporate agent assessed civil penalty for penalty for knowingknowing or have reason to know or have reason to know violations.violations.

110(d) - Any operator agent who 110(d) - Any operator agent who willfullywillfully violatesviolates and is convicted (criminally) can be and is convicted (criminally) can be assessed up to $250k, 1 year jail time or assessed up to $250k, 1 year jail time or both.both.– Fines for second offenses run up to $500K Fines for second offenses run up to $500K

The MSHA act: Section The MSHA act: Section 110110

‘‘Knowingly’Knowingly’ has been defined as:has been defined as:

……Knowing or having reason to knowKnowing or having reason to know.. A A person has reason to know when he has person has reason to know when he has such information as would lead a person such information as would lead a person exercising reasonable care to acquire exercising reasonable care to acquire knowledge of the fact in question or to knowledge of the fact in question or to infer its existence. infer its existence.

MSHA must show a preponderance of evidence MSHA must show a preponderance of evidence existed.existed.

The MSHA act: Section The MSHA act: Section 110110

‘‘Willfully’Willfully’ has been defined as: has been defined as:……Done knowingly and purposely by a Done knowingly and purposely by a

[person] who, having a free will and [person] who, having a free will and choice, either intentionally disobeys choice, either intentionally disobeys the standard or the standard or recklessly recklessly disregardsdisregards its requirements. its requirements.

The MSHA act: Section The MSHA act: Section 110110

110(f) - Up to $250k, 5 years in prison or 110(f) - Up to $250k, 5 years in prison or both for both for anyoneanyone convicted of knowingly convicted of knowingly making making false statements, representation, false statements, representation, or certification in any application, record, or certification in any application, record, report, plan or other document filed or report, plan or other document filed or required to be maintained by the ACTrequired to be maintained by the ACT. .

Read Supervisor Accountability articlesRead Supervisor Accountability articles

Citations a concern?Citations a concern?

If we are doing our jobs, the number of citations If we are doing our jobs, the number of citations should be minimalshould be minimal

Don’t do things just because an MSHA inspector Don’t do things just because an MSHA inspector is on siteis on site

Work safely and enforce the rules because Work safely and enforce the rules because it is it is the right thing to do!the right thing to do!

MSHA regulations are minimum requirementsMSHA regulations are minimum requirements Our Safety Handbook can be enforced by MSHAOur Safety Handbook can be enforced by MSHA

We must do all we can to ensure worker safety!We must do all we can to ensure worker safety!

MINE LAWMINE LAW

NEW SUPERVISORNEW SUPERVISOR– Pass out Part 77 booklet Pass out Part 77 booklet – Have individual find and read 77.1713 which Have individual find and read 77.1713 which

is the reason for the classis the reason for the class– Go through and read selected Part 77 topicsGo through and read selected Part 77 topics– On Shift ExaminationsOn Shift Examinations

Def. of Active areaDef. of Active area– Emphasis on pits - highwall & spoil slidesEmphasis on pits - highwall & spoil slides

Example of On-Shift formExample of On-Shift form List of example items on back of formList of example items on back of form Do not falsify (back date records or sign Do not falsify (back date records or sign

for someone else)for someone else) As a rep. of the company, you are As a rep. of the company, you are

obligated to follow-through on safety obligated to follow-through on safety issues you found or brought to your issues you found or brought to your attention.attention.

MINE LAWMINE LAW

Discuss most frequently cited Discuss most frequently cited standardsstandards

Discuss fatalities for this yearDiscuss fatalities for this year Dealing with the MSHA InspectorDealing with the MSHA Inspector

Be Honest and up frontBe Honest and up front Don’t try to hide or deceiveDon’t try to hide or deceive Act Act promptlypromptly on items pointed out on items pointed out Prevention is the key beforePrevention is the key before he arrives on he arrives on

propertyproperty Part 77 ReviewPart 77 Review

– Discuss answers as groupDiscuss answers as group

The five worst coal mine disasters, since 1940:

YEAR DAY MINE LOCATION TYPE DEATHS

1968 11/20 Consol No. 9Farmington,

West VirginiaExplosion 78

1951 12/21 Orient No. 2West

Frankfort, Illinois

Explosion 119

1947 03/25Centralia No.

5Centralia,

IllinoisExplosion 111

1940 03/16Willow Grove

No. 10St. Clairsville,

OhioExplosion 72

1940 01/10Pond Creek

No. 1Bartley, West

VirginiaExplosion 91

The three worst coal mine disasters in U.S. history:

YEAR DAY MINE LOCATION TYPE DEATHS

1913 10/22Stag Canon

No. 2Dawson,

New MexicoExplosion 263

1909 11/13 Cherry Mine Cherry, Illinois Fire 259

1907 12/06Monongah

Nos. 6 and 8Monongah,

West VirginiaExplosion 362

Injury NotificationInjury Notification

Emergency Procedures (Red sheet)Emergency Procedures (Red sheet) Emergency Disaster and Evacuation Plan Emergency Disaster and Evacuation Plan

(pass out copies)(pass out copies) Rescue video for Draglines (in process)Rescue video for Draglines (in process) MSHA’s 15-minute notification MSHA’s 15-minute notification

(emphasize) (issue new cards)(emphasize) (issue new cards) Follow-up with employees who asks to be Follow-up with employees who asks to be

off due to an injuryoff due to an injury– Did the injury or illness occur on the job?Did the injury or illness occur on the job?– Employees need to come in to complete Employees need to come in to complete

paperwork in order for Workers Comp to verify paperwork in order for Workers Comp to verify any doctor or hospital visitsany doctor or hospital visits

– Key is to get Safety rep involved early on for Key is to get Safety rep involved early on for supportsupport

SIS (Safety Information SIS (Safety Information System) Logon screenSystem) Logon screen

SIS Main MenuSIS Main Menu

Investigate all Investigate all incidentsincidents

All injuries, All injuries,

All equipment damage and All equipment damage and

All near miss incidents All near miss incidents

shall be investigatedshall be investigated

Goals of an Goals of an investigationinvestigation Uncover the facts Uncover the facts

What, when, where, why, who and howWhat, when, where, why, who and how Make necessary notificationsMake necessary notifications Develop action plan to address root Develop action plan to address root

causecause Assign responsibilitiesAssign responsibilities Implement the preventive measuresImplement the preventive measures

– And from other investigationsAnd from other investigations Share the information company-wideShare the information company-wide

Conducting an Conducting an investigationinvestigation

Care for the injuredCare for the injured – Verify the scene is safe before entryVerify the scene is safe before entry

Notify manager and safety rep.Notify manager and safety rep. Preserve the scene Preserve the scene Take photos of the sceneTake photos of the scene Conduct preliminary fact Conduct preliminary fact

gatheringgathering

Conducting an Conducting an investigationinvestigation Preliminary fact gatheringPreliminary fact gathering

– Separate immediately and obtain Separate immediately and obtain written statements from witnesseswritten statements from witnesses

– Interview witnesses and those directly Interview witnesses and those directly involved - separatelyinvolved - separately

– Interview the injured as soon as Interview the injured as soon as practical practical

– Make necessary notifications Make necessary notifications

Conducting an Conducting an investigationinvestigation

For serious injuries/incidents For serious injuries/incidents Secure the sceneSecure the scene

– Flag off against ALL entry including Flag off against ALL entry including yourselfyourself

– Could be a crime scene (CSI)Could be a crime scene (CSI) Notify authoritiesNotify authorities Do not disturb scene until released Do not disturb scene until released

by Safety Dept and MSHA repby Safety Dept and MSHA rep

First Aid InstructionFirst Aid Instruction

Changes in the Changes in the CPRCPR guidelines guidelines– More details in upcoming Annual RefresherMore details in upcoming Annual Refresher

Signs of Signs of Heart AttackHeart Attack– AED - LocationsAED - Locations

Signs of Signs of StrokeStroke ChokingChoking

– # 1 President’s Life Saving recognition# 1 President’s Life Saving recognition Blood Borne pathogen programBlood Borne pathogen program Emergency O2 UnitEmergency O2 Unit

– Pre-set with face maskPre-set with face mask– Use on anyoneUse on anyone– Located in Operations Foreman’s officeLocated in Operations Foreman’s office

First Aid ReviewFirst Aid Review (handout & discuss (handout & discuss as a group)as a group)

Fire Pre-PlanFire Pre-Plan

Contacting Risk Contacting Risk ManagementManagement

– Dust Suppression down for Dust Suppression down for more than a full shiftmore than a full shift

– Major firesMajor fires

Radiation AwarenessRadiation Awareness

A2 Crusher – A-belt A2 Crusher – A-belt Show DVD (Show DVD (new supvnew supv)) Emergency ProceduresEmergency Procedures

– Posted inside A2 crusher Posted inside A2 crusher control room doorcontrol room door

Methane Spotter and Combustible Methane Spotter and Combustible AnalyzerAnalyzer

Hands-on practice (Hands-on practice (new supvnew supv)) Discuss Methane / Oxygen Discuss Methane / Oxygen

Qualification testQualification test

Task TrainingTask Training

Filling out the Task Training Filling out the Task Training 5000-23 form5000-23 form

– Supv. does NOT have to sign Supv. does NOT have to sign unless he or she was the unless he or she was the instructorinstructor

– Supv. SHALL ensure information Supv. SHALL ensure information on the form is filled out correctlyon the form is filled out correctly

– Task Training Task Training GuidelineGuideline must must accompany each 5000-23 (if accompany each 5000-23 (if guideline is available) or it will guideline is available) or it will be sent backbe sent back

Access to Task Training Guidelines through web site

MATERIAL SAFETY DATA MATERIAL SAFETY DATA SHEETSSHEETS

Online through the Corporate Online through the Corporate Safety Web Page Safety Web Page

Must be made available to the Must be made available to the employee if requestedemployee if requested

ContractorsContractors

Blue Card Blue Card – (Delivery & Pickup only)(Delivery & Pickup only)

Red Card Red Card – (upon verification of training)(upon verification of training)

Mine Specific Training VideoMine Specific Training Video

Behavioral Safety Process Behavioral Safety Process (BST)(BST)

Tool to help you in your jobTool to help you in your job To be effective it To be effective it must be positively must be positively

reinforcedreinforced by you by you Data proves that the crews and Data proves that the crews and

groups that have the least number groups that have the least number of observations have the most of observations have the most injuriesinjuries

Fill out 5000-23 FormFill out 5000-23 Form

– Write in Write in Surface CertificationSurface Certification at top, at top, check “Other” and write in check “Other” and write in Methane Methane Detection & Oxygen DeficiencyDetection & Oxygen Deficiency, and , and check check First Aid (write in 1 hour)First Aid (write in 1 hour)..

– Contact Inspector to give CH4 & O2 testContact Inspector to give CH4 & O2 test– Transfer information to MSHA’s Transfer information to MSHA’s

Electronic SystemElectronic System– Notify foreman and manager once Notify foreman and manager once

approved in systemapproved in system– Make copy of cards for file once Make copy of cards for file once

received and give cards to foremanreceived and give cards to foreman– File copy of this outline with 5000-23 in File copy of this outline with 5000-23 in

foreman’s fileforeman’s file

CLOSINGCLOSING

What ideas do you have to make What ideas do you have to make this training more useful and this training more useful and interesting?interesting?

What tools do you need to help What tools do you need to help you with your job?you with your job?

Send me an e-mail of ideas, Send me an e-mail of ideas, please.please.