Traditionally, the start of a new year brings a sense of renewal.
It’s a time to reevaluate, with a clean slate of 12 months to work with and to plan for.
For some, this means new year’s resolutions for self-improvement. For others it’s a chance to turn the page and start something new.
For the mining industry, it is the perfect time to evaluate – or reevaluate – the routine tasks that may have seemed less important in the moment and fell off the task list. These are the small tasks that, left unattended, can grow into larger problems, especially when they’re first discovered on a Mine Safety and Health Administration (MSHA) inspection.
Here are some of the routine regulatory requirements that may have fallen by the wayside. Some of these may seem small, but MSHA routinely checks for potential violations of these standards, and it may write multiple citations under these in a single inspection.
30 C.F.R. § 56.12028
Testing grounding systems
Among other requirements, this standard requires annual testing of grounding continuity and resistance. It also requires operators to keep a record of that testing.
Many operators mark tested cords and equipment with color-coded tape by year. And many MSHA inspectors check that tape on every cord and piece of equipment they come across during an inspection.
As an added layer of complexity, any testing schedule must also take into consideration that cords can move between areas.
Each operation can set its own 12-month cycle, but the key is consistent execution: Each cord must be tested, marked and recorded. If any one of these three elements is missing, it risks a citation from MSHA.
30 C.F.R. § 56.4201
Inspection of firefighting equipment
This standard requires both monthly and annual testing of fire extinguishers.
The monthly inspection only requires a visual inspection to determine whether the equipment is fully charged and operable, but the annual check requires a more involved inspection.
Often, given the large number of extinguishers throughout a plant or mine, operators hire third-party contractors to complete these checks. A contractor can simplify the process, bring the skills and expertise to perform the more complicated annual check, and free up miners to focus on their regular tasks.
Contractors, however, are not a complete solution. In active operations, some areas may be inaccessible during a scheduled round, and extinguishers can be overlooked. Build controls that verify completion, such as route maps, signoffs and periodic spot audits to ensure no extinguisher is missed and that deficiencies are promptly corrected.
As with the previous standard, simply having a plan to conduct regular testing may not be enough. Extra steps may be needed to verify that no fire extinguisher or cord slips through the cracks.
For both of these standards – and for many more – a good plan ensures there is a schedule for the required testing. But a great plan has controls that verify completion, such as route maps, signoffs and periodic spot audits to ensure no extinguisher is missed and that deficiencies are promptly corrected.
30 C.F.R. § 46.8
Annual refresher training
Of course, any discussion of annual requirements under MSHA regulations needs a mention of annual refresher training.
This regulation requires annual training that must cover changes at the mine and other safety topics relevant to mining. Although MSHA does not require any specific safety topics, the regulation includes a long litany of recommended topics, including mandatory health and safety standards, first aid, electrical hazards and mobile equipment.
Choosing the topics for annual refresher training can be an opportunity for an operation to conduct some self-evaluation and determine whether the previous year has shown that some safety topics need more attention than others. Planning for annual refresher training can be an opportunity to review near misses and incidents to tailor content to the operation’s current risks.
For the annual requirements for each of these standards, your schedule may vary. But the start of a new year is a great opportunity to reevaluate the plans you have in place. These standards are also easy for MSHA to check during inspections – and MSHA often will.
New year’s resolutions are notoriously hard to keep, but a simple reevaluation of these annual requirements could be worth the effort.
Zachary T. Byers is with the national labor, employment and safety law firm Ogletree Deakins.
Related: MSHA accident investigation primer
