Coal Diver Everything you wanted to know about coal, but were afraid to ask.

This is a text-only version of the document "MSHA Internal Audits, Region 1, 2010". To see the original version of the document click here.
MSHA Internal Audit Reports, Region 1 - Anthracite coal in Pennsylvania Table of Contents Pottsville, PA Field Office -- p 2 Wyomissing North, PA Field Office -- p 39 Wyomissing South, PA Field Office -- p 117

U.S. Department of Labor

Mine Safety and Health Administration 11 00 Wilson Boulevard Arlington, Virginia 22209-3939

December 17,2010 MEMORANDUM FOR ROBERT L. PHILLIPS Acting Deputy Assistant Secretary for Operations Mine Safety and Health THROUGH: PETER J. MONTALI Acting Director of Accountability for Mine Safety and Health ARLIEA.WEBB k_l_· __ BILLY RANDOLPH ~ Accountability Specialists

~ ~- ~ f!!~- ~

FROM:

SUBJECT:

MSHA Office o~abilitv Audit. Coal District 1. Pottsville. PA .a~ -

Introduction
This memorandum summarizes the Office of Accountability audit of the subject district office, field office, and mine. Audit subjects included MSHA field activities, level of enforcement, Field Activity Reviews (FARs), Accompanied Activities (AAs), MSHA supervisory and managerial oversight, mine plans, and the conditions and practices at the mine. The audit was conducted by Accountability Specialists Arlie A. Webb, Acting Accountability Specialist Billy R~d ActinQ Director of the Office of Accountability Peter J. Montali during the week ~ Positive findings and issues requiring attention are included in this audit report.

Overview
The district audit was administrative, technical, and other areas such ,,.•.,.,.~ Program. The field office the audit was conducted

conducte~

0-

. and included a review of lnvestiQations and the ACRI and the on-~ of me audit team wa~

the audit team accompanied the inspection party to the subject unut=rgruunu e:unnrc:u;rte mine, which employs approximately 42 persons. On-site examinations included record books, escapeway map, mine ventilation map, the 003-0 section, working faces, feeders, power center, all conveyor belts and belt drives, and the alternate escapeway and lifelines. Also examined were safe rooms, compliance with Emergency Response Plan, signage, Self-Contained, Self-Rescuer caches, and fire suppression systems. Surface areas examined included the crusher building, explosive storage facility, two front-end loaders, fan house, surface belt drive, ventilation boreholes, emergency hoist, haulage roads and berms, mine office, supply rooms and shop, surface read-out for the atmospheric monitoring system, and the tracking system.

S&S Rate Comparison S&S rates for the Pottsville field office and the district as a whole were lower than national l~vels for FY2009. Although the S&S rate for District 1 has risen above the national average for FY 2010, the Pottsville field office is still significantly lower. S&S Rate Comparison Pottsville, PA District 01 Field Office 21.45% • 27.6f% 27.34% -· 34.33%

Fiscal Year 2009 2010 (to date)

National Average 35.0% 34.0%

Time and Activity Comparison Only underground mines are inspected out of the Pottsville, PA field office. Time distribution for E01 inspections at these mines for FY2009 to present is also improving. At this point in FY201 0, an average of 68.30 percent of the total inspection time is being spent on-site at underground mines, which is slightly above the national average. Time Distribution Percent) - E01 Inspections at Underground Mines Citations Citations Total Total Travel Other Issued Issued Percent* On-Site On-site Off-site 12.17% 100.0% 66.97% 1.63% 0.06% 20.l30% 100.0% 15.43% 16.97% 67.20% 5.94% 0.40% 100.0% 21.35% 10.29% 68.30% 1.59% 0.06% 100.0% 15.43% 68.11% 5.77% 0.47% 15.99%

2009 Nat'l Avg 2009 2010(to date) Nat'l Avg 2010

*Total on-site t1me Includes c1tat1ons 1ssued on-s1te.

Audit Results The audit revealed positive findings in several areas, including the following: 1. MSHA personnel conducted themselves in a professional and courteous manner to the OA and the mine operator at all times. 2. Violations observed by inspectors during the audit were properly issued and evaluated. 3. Mine plans kept at the district and field office were complete, legible, and easily understood. 4. Roof control plans contain provisions for reducing cut widths when sub-normal roof conditions are encountered. 5. Inspection personnel at the Pottsville, PA field office conducted truck and haulage initiative inspections and retreat mining initiative inspections at least one time each month.

2

The audit also revealed several issues that require corrective actions, including the following: 1. Three surface mi ere assigned to the Pottsville field office, but were not inspected out of that office. 2. The s t a t u s . mines had been retained in "New Mine" or "Temp ldle" . .g ....iiJ5 years. has been in "New Mine" status si~4/199 -~ 1as been in "Temp Idle" status since 03/01/1995, a n d has been in "Temp Idle" status since 11/27/1995) 3. Although the required underground mine visits were made by the Pottsville field office supervisor, the district as a whole did not conduct the required number of annual supervisory/managerial mine visits during FY 2009. (See Item No. 3) 4. The MSIS system was not being kept up to date regarding methane liberation. (See Item No. 14) 5. It could not be determined if the effectiveness of the corrective action plans resulting from Headquarters and District level Accountability Reviews conducted during FY2009 were being monitored by the District Manager on an ongoing basis. (See Items No. 66 and 67) 6. Inspectors are not always carrying needed inspection equipment with them (smoke tube assembly) and are not properly trained in the use of such equipment.

Attachments

A.

Office of Accountability Checklist with comments, recommendations, and references Citations/Orders issued during ttlis audit

B.

2. 3. 4. 5. 6. 7.

8.
9.
1( 11
C. Enforcement actions with questionable evaluations

3

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Dist 1

I Field Office I

Pottsville, P A

I

Mine ID

1.
Adequate

Evaluate supervisory review of inspection reports and documentation for completeness.

D

Inadequate

5J

Not Applicable

0

Comments Below

See Item Numbers 19, 77, and 122 below._(Also see Attachment C)

2. Adequate

Determine if supervisors address report deficiencies immediately

D

Inadequate

0

Not Applicable

D

Comments Below

io not appear to be identifying and addressing. deficiencies found during reviews of E01 inspection reports, hazard complaint reports, and the ACRI process, as noted in Items 19, 77, and 122 below.

3

Determine if supervisors/managers are visiting each active mine at least · annually Inadequate Not Applicable Comments Below Adequate

D

5J

D

Although all required mine visits were conducted at underground mines, a comparison between the number of surface mines and facilities in District 1 that were active during all or part of FY 2009 and the number of supervisoryI managerial mine visits conducted during that period revealed the following: Mine visits were conducted at only 44 of the 69 surface facilities (64%) Mine visits were conducted at only 52 of the 67 surface mines (78%)

Recommendation - Managerial and supervisory mine visits should be made to all active coal mines to detennine if the level of enforcement is effective and consistent with the conditions and practices in the mine. Reference- CMS&H Memo No. HQ-08-081-A (SEC-103), dated June 23, 2008:

Attachment A - Audit Checklist

4

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

l Coal Dist 1

I Field Office I

Pottsville, PA

MineiD

J Date

4. Adequate

Evaluate the quality of Field Activity Review reports (FARs)

D

Inadequate

0

Not Applicable

D

Comments Below

D

FARs from the 2nd Half of FY 2009 and the 1st and 2nd Halves (to date) of FY 2010 were reviewed. Documentation provided by the field office supervisor indicates that seven of the eight required FARs were conducted. However, deficiencies noted in Items 19 and 77below were not identified and addressed during reviews.

Recommendation - FARs should include comments by the supervisor to assist the inspector in improving his/her work product.

5.

Determine if supervisors/managers are identifying and addressing performance or behavior based issues during and after accompanied inspections are conducted Inadequate Not Applicable Comments Below ~ Adequate

D

D

D

There were no instances of performance or behavior based issues identified during the period audited.

6. Adequate

Evaluate the quality of Accompanied Inspections

D

Inadequate

0

Not Applicable

D

Comments Below

D

Accompanied Activity reports from the 2nd Half of FY 2009 and the 1st and 2nd Halves of FY 2010 were reviewed. The documentation provided by the field office supervisor indicates that seven of the eight required AAs were conducted. One AA conducted during the znd Half of FY 2010 indicated that a trend or deficiency existed, but it was not identified or documented.

Recommendation - AAs should include comments by the supervisor to assist the inspector in improving his/her work product.

7. Adequate

Determine if supervisors are thoroughly reviewing mine files at least annually.

0

Inadequate

D

Not Applicable

D

Comments Below

Attachment A - Audit Checklist

5

United States Department of Labor Mine Safety and Health Administration Office of Accountabi~ity District

I Coal Dist 1

I Field Office I

Pottsville, PA

I

Mine ID

8.

Determine if Assistant District Manager is holding supervisor accountable for general mine visits, FARs, and accompanied activities Inadequate Not Applicable Comments Below Adequate

D

5J

D

See Item Numbers 3, 4, 6, and 20.

9.

Determine if District Manager is using Performance Management System to hold ADMs accountable for oversight of subordinates

Adequate

D

Inadequate

5]

Not Applicable

D

Comments Below

See Item Numbers 3, 4, 6, 20 and 23.

ll.

Determine if ADMs and OMs are visiting mines with poor compliance at least monthly Adequate Inadequate Not Applicable Comments Below

0

D

D

13. Adequate

Evaluate the location, w·o rkload, and availability of specialists (roof control, ventilation, electrical, etc.) within the districf

0

Inadequate

D

Not Applicable

D

Comments Below

14. Adequate

Evaluate supervisory and management review of 103(i) (spot inspection) tracking system for compliance with time frames

D

Inadequate

0

Not Applicable

D

Comments Below

There are no 103(i) category mines in District 1.

15.

Determine if supervisors and managers are ensuring that 103(i) inspections are not combined with any other type of inspection

Adequate

D

Inadequate

D

Not Applicable

Q

Comments Below

There are no 103(i) category mines in District 1.

Attachment A - Audit Checklist

6

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Distl

I Field Office I

Pottsville, PA

I

Mine ID

16.

Determine if supervisors, staff assistants, and other management personnel are reviewing work products for accuracy and completeness

Adequate

D

Inadequate

0

Not Applicable

D

Comments Below

See Items 19, 77,122 and 123 below.

17.

Determine if supervisors are monitoring inspector time and activity documentation to ensure proper use of time by inspector Comments Below Adequate 5] Inadequate Not Applicable

D

D

19. Adequate

Determine if supervisors are using the Performance Management System to hold inspectors accountable for properly evaluating gravity and negligence, termination due dates, and timely termination of citations

D

Inadequate

0

Not Applicable

D

Comments Below

The narrative portion of Cita ssued during E01 Event Numbe1(b) (6) early depicts two violations, yet o n was issued. A separate citation should have been issued for each grinder that was not maintained in safe operating condition. This oversight was not identified or corrected although the citation was initialed by the field office supervisor, and was reviewed by the CLR and the District Manager during the conference process. In addition, Attachment C contains several examples of citations issued with questionable evaluations of gravity, negligence, number of persons affected, and level of enforcement.

20. Adequate

Determine if supervisors/managers are adequately evaluating the level of enforcement by visiting each active mine

D

Inadequate

0

Not Applicable

D

Comments Below

A comparison of the active mines in District 1 to the mine visit spreadsheet indicated that not all required mine visits were conducted during FY 2009. According to the MSHA database, District 1 had 69 facilities, 67 surface mines, and 17 underground mines that were active during at least two quarters during FY 2009. Of these, supervisors or managers visited 44 Attachment A - Audit Checklist 7

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Distl

I Field Office I

Pottsville, PA

I

Mine ID

(64%) of the facilities, 52 (78%) of the surface mines, and 100% of the underground mines.

Recommendation- Supervisors and managers should visit each active coal mine to detennine if the level·of enforcement is effective and consistent with the conditions and practices in the mine. Reference- CMS&H Memorandum No. HQ-08-081-A (SEC-103), dated June 23, 2008.

21. Adequate

Determine if District Manager is monitoring the ACRI program and using the Performance Management System to ensure that CLRs justify changes .

G.]

Inadequate

D

Not Applicable

D

Comments Below

23.

Determine if second level reviews are used to assess supervisory review of enforcement actions Comments Below Not Applicable Adequate . Inadequate

D

Q

0

Due to a lack of documentation, it could not be determined if the required 2nd level reviews were performed in FY2009. Documentation was, however, being maintained for FY2010.

Action Required- Second-level reviews are to be maintained by the ADM for at least 3 years. Reference -CMS&H Supervisor's Handbook (AH-08-III-1), Chapter 1, Section XI, Item C-1.

24.
Adequate

Determine if appropriate actions are taken by supervisors and manager with respect to issues of misconduct and/ or poor performance

0

Inadequate

D

Not Applicable

0

Comments Below

There were no issues related to mi~onduct or poor performance documented by the district during the period reviewed.

25. Adequate

Evaluate inspector/ specialist knowledge of documentation required and process for completing PKW Forms.

Q

Inadequate

D

Not Applicable

0

Comments Below

PKW forms were well documented with decisions justified.
)

( Attachment A - Audit Checklist 6
)

8

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Oist 1

I Field Office I

Pottsville, PA

I

Mine ID

26. Adequate

Evaluate the district's process for performing Possible Knowing/Willful (PKW) reviews and initiating or denying special investigations

0

Inadequate

D

Not Applicable

0

Comments Below x

A review of Special Investigations procedures and an interview with the SSI revealed that PKW forms were completed properly and well documented. The determination to open or den_y a sp_ecial investigation appeared to be well justified.

27. Adequate

Determine if District Manager is using Performance Management System to hold the Supervisory Special Investigator accountable for properly evaluating potential cases

0

Inadequate

D

Not Applicable

D

Comments Below

28. Adequate

Determine if managers and supervisors are using required "standardized reports" to review critical data relevant to inspections and investigations

0

Inadequate

D

Not Applicable

D

Comments Below

Key Indicators and other reports (generated within the district at the District Manager's request) are being used.

29. Adequate

Determine if complete and thorough inspections are being conducted and adequately documented

D

Inadequate

0

Not Applicable

D

Comments Below

1. Inspectors are not always carrying needed inspection equipment with them (smoke tube assembly) and are not properly trained in the use of such equipment. 2. Several required forms and data sheets in the EOl report were mislabeled or improperly completed. (Also See Item 77) 3. Oose out conferences were not always documented in EOl notes.

Attachment A - Audit Checklist

9

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Dist 1

I Field Office I

Pottsville, PA

I

Mine ID

3o. Adequate

Determine if inspection notes, air samples, rock dust samples, and tracking map/ diagram support the inspector's assertion that the mine was inspected in its entirety

D

Inadequate

W

Not Applicable

D

Comments Below

1. Start and stop dates were not always entered on the tracking map, or dates on the tracking map did not match dates in the ITS. (Also See Item 77) 2. Areas identified in the inspection notes were not identified on the tracking map.

31.
Adequate

Determine that the inspector spent sufficient time on off-shifts and on weekends

~

Inadequate

D

Not Applicable

0

Comments Below

32. . Adequate

Determine if the SCSR inventory database has been implemented to track inspections of SCSRs

W

Inadequate

D

Not Applicable

D

Comments Below

Complete SCSR databases were also included in each E01 inspection report.

33. Adequate

Determine if areas deemed "too wet" for rock dust surveys are re-visited

D

Inadequate

D

Not Applicable ~

Comments Below

The mine included in this audit is an anthracite mine. Application of rock dust is not required.

34. Adequate

Determine if all mine record books, postings, and other required materials are examined during the inspection

W

Inadequate

D

Not Applicable

D

Comments Below

Attachment A - Audit Checklist

10

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Dist 1

I Field Office I

Pottsville, PA

I

Mine ID

)ate

36. Adequate

Determine if the amount of time expended on each E01 inspection activity and area of the mine is sufficient to accomplish inspection goals

D

Inadequate

0

Not Applicable

D

Comments Below

D

The amount of on-site inspection time spent at this underground mine appears to be excessive. EOl inspection time (on-site) spent at this mine during the past three quarters of FY2010 was: 1st Quarter on-site time was 149.50 ~ours. 2nd Quarter on-site time was 230.75 hours 3rd Quarter on-site time was 217.00 hours During this time, the mine produced coal on 1 shift, 5 days per week.

37..

each citation/ order/ safeguard for inspector's determination of gravity, negligence, number of persons affected, and the level of enforcement

Eval~ate

Adequate

0

Inadequate

D

Not Applicable

D

Comments Below

Enforcement actions taken during the audit appeared to be correctly evaluated.

38. Adequate

Accompany and evaluate inspector's imminent danger run

0

Inadequate

D

Not Applicable

D

Comments Below

39. Adequate

Check adequacy of preshift/ onshift examinations

0

Inadequate

D

Not Applicable

D

Comments Below

Attachment A - Audit Checklist

11

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Dist 1 l Field Office l

Pottsville, PA

I

Mine lD

40. Adequate

Evaluate inspector's observation of roof conditions. Is a copy of the currently approved roof control plan maintained on the section?

GJ

Inadequate

D

Not Applicable

D

Comments Below

42. Adequate

Evaluate conditions on working section and observe work cycle

D

Inadequate

D

Not Applicable

D

Comments Below

on the working section appeared good. However, during the work cycle, Citation was issued when the continuous miner operator continued to mine without an adequate air quantity in the last open crosscut.

43.
Adequate

Observe air quantity, quality, and gas checks by inspector

12]

Inadequate

D

Not Applicable

D

Comments Below

44.

Determine adequacy of Emergency Response Plan training (interview miners)

Adequate

0

Inadequate

D

Not Applicable

D

Comments Below

45.

Determine adequacy of training regarding roof, ventilation, and other plans (interview miners). Do inspection notes document evaluation of this type training?

Adequate

0

Inadequate

D

Not Applicable

D

Comments Below

Attachment A - Audit Checklist

12

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Dist 1

I Field Office I

Pottsville, P A

MineiD

46.

Evaluate Self-Contained, Self-Rescuer condi

v ....,~:.....

signage Comments Below

Adequate

5]

Inadequate

D

Not Applicable

I2J

47.

Determine if the mine operator has conducted SCSR donning expectation training and if the inspector has observed and evaluated the training

Adequate

5J

Inadequate

D

Not Applicable

D

Comments Below

50. Adequate

Examine lifelines, mandoors, and related signage

5J

Inadequate

D

Not Applicable

D

Comments Below

51. Adequate

Examine escapeway map for compliance with regulations

5J

Inadequate

D

Not Applicable

D

Comments Below

52. Adequate

Evaluate integrity of primary and alternate escapeways

GJ

Inadequate

D

Not Applicable

D

Comments Below

53. Adequate

Evaluate integrity of return side stopping line

GJ

Inadequate

D

Not Applicable

D ·

Comments Below

Attachment A - Audit Checklist

13

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Dist 1

I Field Office I

Pottsville, PA

I

Mine ID

54.

Travel and evaluate condition and maintenance of section conveyor belt, structures, and entries Adequate Inadequate Not Applicable Conunents Below

D

GJ

D

During the audit, two citations ~ed regarding maintenance of conveyor belts, issued for an improperly aligned belt structures and conveyor entries-vas issued for a belt tail roller conveyor rubbing against the belt that was not fully guarded against access. See Attachment B

55.

Evaluate conveyor belt isolation from other air courses

Adequate

0

Inadequate

D

Not Applicable

D

Conunents Below

56.

Evaluate fire valves and hoses (condition, compatibility of fittings, pressure test)

Adequate

D

GJ

Not Applicable

D

Conunents Below

During the audit, vas issued for the operator's failure to maintain the required fire hose at the section loading point. Attachment

57.

Observe and evaluate fire detection methods

Adequate

W

Inadequate

D

Not Applicable

0

Comments Below

58.

Evaluate cleanup of accumulations and application of rock dust

Adequate

0

Inadequate

0

Not Applicable

0

Comments Below

0

Oeanup of accumulations was generally good. Rock dusting is not required in anthracite coal mines.

Attachment A - Audit Checklist

14

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

·I Coal Dist 1

I Field Office I

Pottsville, P A

MineiD

59. Adequate

Evaluate condition of conveyor belt drives, and fire suppression systems

0

Inadequate

D

Not Applicable

D

Comments Below

60. Adequate

Determine if all required record books are adequately completed and in compliance with applicable standards Not Applicable

D

Comments Below

During the vas issued for the operator's failure to sign or countersign the record of preshift examinations. Attachment

61. Adequate

Examine mine map for accuracy of workings and escapeway locations

Q

Inadequate

D

Not Applicable

D

Comments Below

62. Adequate

Examine mine bulletin board and evaluate adequacy of all required postings

0

Inadequate

D

Not Applicable

D

Comments Below

63.
Adequate

Interview responsible person(s) and evaluate knowledge of emergency response, evacuation procedures, and fire fighting processes

0

Inadequate

D

Not Applicable

D

Comments Below

Attachment A - Audit Checklist

15

United States Department of labor Mine Safety and Health Administration Office of Accountability District

I Coal Dist 1

I Field Office I

Pottsville, P A

I

Mine lD

64. Adequate

Determine if approved plans address and are compatible with mining conditions and equipment

0

Inadequate

0

Not Applic~ble

D

Comments Below

66. Adequate

Determine if MSHA headquarters is conducting sufficient, in-depth Peer Reviews

D

Inadequate

0

Not Appli~able

0

Comments Below

D

Although headquarters-level accountability reviews are mandatory, no such reviews have been conducted in District 1 during Calendar Years 2007,2008, or 2009. According to the Accountability Handbook currently in effect, headquarters-level reviews are to be conducted on a timetable outlined annually in each Administrator's Accountability Review Plan.

Reference- Accountability Program Handbook (AHOB-III-4), Page 4- The Accountability Revieu' Process - Headquarters Reviews

67. Adequate

Determine if districts are conducting sufficient, in-depth Peer Reviews

0

Inadequate

D

Not Applicable

D

Comments Below

D

During the period audited, a District,.Level review was conducted at the Shamokin, PA field office (Memo dated September 10, 2009). The review identified issues, root causes, corrective actions, completion dates for corrective actions, follow-up and/ or monitoring of the success · or failure of those corrective actions.

70. Adequate

Determine if Peer Reviews include a visit to the mine, and include observation of the producing section, conveyor belt entries, escapeways and the ERP provisions

0

Inadequate

D

Not Applicable

D

Comments Below

Attachment A - Audit Checklist

16

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Distl

I Field Office I

Pottsville, P A

I

Mine lD

71. Adequate

Determine if Peer Reviews accurately reflect and evaluate MSHA activities at all types of mining (underground/surface/surface facilities) within the district

5]

Inadequate

D.

Not Applicable

D

Comments Below

· Documentation included in reviews conducted in District 1 indicates that both surface and underground operations are included in district-level reviews.

72.

Determine if approved plans and the Uniform Mine File books are addressed during each Peer Review

Adequate

0

Inadequate

D

Not Applicable

D

Comments Below

73. Adequate

Evaluate the approved roof control plan after in-mine visit

0

Inadequate

D

Not Applicable

D

Comments Below

74. Adequate

Evaluate approved ventilation plan after in-mine visit

0

Inadequate

D

Not Applicable

D

Comments Below

75.

Evaluate approved training plan after discussion with miners

Adequate

0

Inadequate

D

Not Applicable

D

Comments Below

Attachment A - Audit Checklist

' 17

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Dist 1

I Field Office I

Pottsville, PA

MinelD

77.

Evaluate the two most current completed E01 (regular) inspection reports (two quarters)

D

Comments Below

The first on-site day of inspection was 21 days after the event was opened. Daily close out conferences were not always documented. Water delivery capability was not determined in accordance with MSHA Program Policy Letter No. P08-V-5. 5. "Portal to portal" respirable dust sampling was not accomplished on two separate occasions, when the inspector shut off respirable dust pumps underground and then brought them to the surface. 6. There were 6 instances where time was charged for E01 activity, but no entries were made on the event calendar sheet. 7. Respirable dust data sheets indicate 18 samples were taken; however, only 17 samples were found in the data retrieval system.

1. Start and stop dates were not always entered on the tracking map, and several dates on the tracking map do not match dates in the Inspection Tracking System. 2. Areas documented in the inspection notes, such as "North Pitch" and "East Intake" are not identified on the tracking map. 3. There were 7 instances where time was charged for EOl activity, but no entries were made on the event calendar sheet. 4. Respirable dust data sheets indicate 28 samples were taken; however, only 27 samples were found in the data retrieval system.

Action Required - Inspectors shall clearly mark the extent of daily travels that contribute to an E01 inspection event in each air course on a mine map, line diagram or combination of a mine map and line diagram until each intake or return aircourse is fully inspected. Reference- PHOB-V-1, Coal Genera/Inspection & Tracking System Handbook, pages 36-37. Recommendation -Including the Mine ID number or Company Name on the ATF form would avoid t.ur•:tu::.,·u"' when a or controlli holds the ATF license.

Attachment A - Audit Checklist

18

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Dist 1

I Field Office I

Pottsville, P A

I

Mine ID

J

78. Adequate

Ten most current completed E02 (103(i) spot) inspection reports

0

Inadequate

D

Not Applicable

5J

Comments Below

District 1 does not have any mines in the 103(i) category.

80.
Adequate

Determine if 104(d) tracking system is in place at the office being audited, and is being kept up to date

0

Inadequate

D

Not Applicable

D

Comments Below

81.

Determine if all plans and documents in the Uniform Mine File are legible, and up to date

Adequate

0

Inadequate

D

Not Applicable

D

Comments Below

82.
Adequate

Determine if all applicable plan reviews were performed within six months, or within the timeframes required

0

inadequate

D

Not Applicable

D

Comments Below

87. Adequate

Determine if district management reviewed the final version of all approved plans

0

Inadequate

D

Not Applicable

D

Comments Below

88.

Determine if time frames for approval/ disapproval of plans were set, and are being met Comments Below Not Applicable Adequate G) Inadequate

D

0

Attachment A - Audit Checklist

19

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Dist 1

I Field Office I

Pottsville, P A

I

Mine ID

89

Determine if the plan is tracked from date of submission through the review process Inadequate Not Applicable Comments Below Adequate [!]

.

D

D

90. Adequate

Determine if dated copy of approval/ disapproval letter is in file

[!]

Inadequate

D

Not Applicable

D

Comments Below

91.

Determine if copies of the plan are distributed as per an established list

Adequate

[!]

Inadequate

D

Not Applicable

D

Comments Below

92.
Adequate

Determine if a copy of the most recent plan is provided for inclusion in the Uniform Mine File

[!]

Inadequate

D

Not Applicable

D

Comments Below

93. Adequate

Determine if a due date for formal review of plans is identified

~

Inadeq~ate

D

Not Applicable

D

Comments Below

94. Adequate

Determine if required information is submitted in the plan

[!]

Inadequate

D

Not Applicable

Q

Comments Below

Attachment A - Audit Checklist

20

United States Department of Labor Mine Safety and Health Administration Office of Accountability
District

I Coal Dist 1

I Field Office I

Pottsville, PA

I

Mine ID

95.
Adequate

Evaluate recommendations made to the District Manager proposing approval/ disapproval of plan

0

Inadequate

D

Not Applicable

D

Comments Below

97.

Determine if all unusual proposals and requests are properly evaluated during the review process Comments Below x Adequate Inadequate Not Applicable

0

D

D

No unusual requests or proposals were noted in plans reviewed during this audit.

98.

Determine if proposed plans are evaluated for provisions contrary to standards or regulations Inadequate Comments Below Adequate Not Applicable

D

D

D

No such proposals were noted in plans reviewed during this audit.

100.

Determine if all plan approval groups communicate to prevent conflicting elements of plans

Adequate

0

Inadequate

D

Not Applicable

D

Comments Below

102.

Determine if input is solicited from field office inspectors/ supervisors, and recommendations are addressed prior to approval Adequate Inadequate Not Applicable Comments Below

0

0

D

Attachment A - Audit Checklist

21

United States Department of Labor Mine Safety and Health Administration Office of Acc:ourttability District

I Coal Dist 1

I Field Office I

Pottsville, PA

::J

Date

105.

Determine if the plan review process includes documentation of the entire review process

Adequate

GJ

Inadequate

D

Not Applicable

D

Comments Below

108.

Determine if projected mining relative to overlying, underlying, and adjacent workings was checked Adequate G.] Inadequate Not Applicable Comments Below

D

0

109.

Determine if projected mining in relation to overlying bodies of water was checked Adequate Inadequate Not Applicable Comments Below

GJ

D .

D

114.

Determine if spreadsheets and/ or databases provided for tracking of mine visits by supervisors and'Tnrarers is kept up to date Inadequate Not Applicable Comments Below Adequate

0

D

The ~readsheet appeared to be up to date. _(See also Item No. 20)

116.

Review documentation of staff meetings/safety meetings to determine their effectiveness and relevance to the Agency's mission and current issues

Adequate

0

Inadequate

0

Not Applicable

D

Comments Below

118.

Determine if inspectors have sufficient equipment and supplies to conduct thorough inspections.

Adequate

0

Inadequate

D

Not Applicable

D

Comments Below

Attachment A - Audit Checklist

22

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Dist 1

I Field Office I

Pottsville, P A

I

Mine lD

J

119.

Determine if adequate close-out conferences are being conducted at the end of each inspection.

Adequate

GJ

I~dequate

0

Not Applicable

0

Comments Below

121. Adequate

Determine if manpower at the field office is sufficient.

0

Inadequate

D

Not Applicable

0

Comments Below

Ix I

The district completed 100% of E01 inspections during FY2009. The e, PA field office currently Specialis ield Office Supervisor, .Wthough there are mines assigned his field office, only 8 are (with) a total of 14 mmus). Of those 8 active mines, 3 are currently under 104(b) Order for failure to develop and implement an ERP as required by §316(b) of the MINER Act. Of the remaining 12 mines, 2 are in "New Mine" status, 2 are in "Non-Producing" status, and 8 are in "Temp Idle" status. 90 miners employed at these underground mines, with

Potts~·

~MS&H

Including the mines listed as "Active," "New Mine," and "Non-Producing," the ratio of mines to inspectors is 2:1. However, in addition to conducting 100% of the required inspections at their assigned underground mines, inspectors assigned to the Pottsville, PA field office also conducted or participated in at least 61 regular (E01) inspections and 35 spot (E15/E16) inspections at surface mines and surface facilities assigned tp the Shamokin, PA and Wilkes-Barre, PA field offices.

122.

Determine if Hazard Complaint inspections are being conducted according to policy and procedures. Inadequate Not Applicable Comments Below Adequate

.D

0

0

Ten hazard complaint inspection reports were selected at random for review. Time frames were met for all complaints. Complaints not under MSHA jurisdiction were properly referred to other agencies. However, there were two issues identified during the audit: 1) Three of the ten reports did not contain documentation to describe whether they were investigated as "103(g)" or" other" complaints.
Attachment A - Audit Checklist

23

United States Deparbnent of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Dist 1

I Field Office I

Pottsville, P A

I

Mine ID

]

2) Three of the ten reports did not contain documentation that a sanitized version of the complaint was provided to the operator. Note: The Hazard Complaint Handbook (PHOS-1-8) is not consistent with the current hazard complaint process. There are no instructions in the handbook for the following: 1. Responsibilities regarding Hot Line Calls 2. Proper completion, distribution, filing or retention of the Escalation Form 3. Entering data into the MSIS and responsibility for accuracy of data

Recommendation - The handbook should be revised to address the aforementioned issues as well as the level of superoisor11 or mana~ement resppnsibilityjor each item.

123. Adequate

Is the MSIS system being kept up to date?

D

Inadequate

0

Not Applicable

Comments Below

Analysis of air samples taken on 04/28/2010 indicated that liberated 3,421 cubic fee-thane per 24 hours. Analysis of air samples taken on 05/l:l/1010 indicated that min Jerated 21,721 cubic feet of methane per 24 hours. This information was not being entered into the MSIS database. A check of the MSIS database during the audit revealed both mines were listed as having "0" methane liberation.

Attachment A - Audit Checklist

24

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Dist 1

Field Office

Pottsville, PA

I

Mine ID -

:=J

Date

Mine Citation/Order

U.S. Declattment of Labor Mine and Health Administration

• ••. _.... .

(Conbi:IAir) Ba. Wrtu.nNalicl(103g)

l.

The travelway on the first floor - north side of the cleaning plant was not maintained in a safe condition in that there was a opening in the travelway 31 inches long by 14 inches wide. The stairs leading to this travelway was not provided with a handrail. The plant operator uses this travelway as necessary. It is reasonably likely that the plant operator would fall through the opening and receive serious injuries.

B.Sedion

afl'd

c. PafiiSeclion of
Ti11130CFR

77.20S(a)

No Uceihood 0

Unlikely

0

Highly Ul'-

8a. Wrilllln Nalic8 (\03p)

0

The travelway on the third floor of the south side of the cleaning plant had a piece of rebar extending across the width of the travelway located 6 inches off of the floor which created a tripping hazard. This exposed the plant operator to a trip and fall hazard which would result in injuries.

8. Section
of Act

c. P8111Secaon o1
Tltle30CFR

77.205(b)

No Likelihoocl

O

Hlghlr Ukely

0

Oc:cuiNd

0
FatiiO

No Lost Wortcdlyl

0
D. High

C. SlgnlficarC and Sua.t.tntlat A. None

No~

I
0
E. Cblionl Oldlt Number

Pennanently Disabling

0

0. Number ol Persons Arr.ct8ct E. Recldele DIMglrd

()() 1

0
0

B. low [J
13. r,.,. or Jnuance (eNd~ one)

0

0
Mel Oa Yr

12. TJPeoiAdlon 14. Initial Adion A. Citation 0

104(a}
8. Order

0

F.Oa-.1

C. Sefegvetd

0. Writlen Notice

15. Area or Equ~

16.

B. Tme (24 Hr. Cloclc)

11. Adlon to Tennina

The Mine Operator removed the rebar from the travelway.

II.

rome (24 Hr. Clodc

loiSHAF-701

.--.

-alii

~adlonldii$HA, youm.rCIII1-.fiEQ.FAIIIl1-"134-3247). or....UhOnltuii
E. Cilallonl Oilier NumOet

0. Humller ot PeiWIIII Allllc:ll=d:
E. Rec*lea Oil~

OOJ

->
J04(a)

0

0

0
MD Da Yr

14. lnillal Adion A. Clblllon 0

B. Onlel

:J

C. Safaguanl

0

F. Oeled

D. W1illlln Naclce ,-;

8. Tme (24 Hr. CIDdc)

Attachment B - Citations Issued During Audit

27

United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal Dis t 1 Field Office Pottsville, P A MineiD Date

Mine Citation/Order

ea. wna.n Ndlal t103gl 0 The elevated walkway on the third floor of the cleaning plant was not provided with an adequate handrail in the area below the vibrator . Screens were laid against the frame of the vibrator mounting deck but did not cover the entire length of the opening. The cleaning plant operator could fall through the opening which would result in injuries. Elevated walkways shall be provided with handrails and maintained in good condition.

9. VIolation

B. Seellon
OfAc:l

C. Pari/Sedlon of

Tltle30CFR

77.20S(e)

Ya

0

No

~
0
C. Moclnte ~ 0 . Higll

I
Citation

D. Humblt tlf l'erlons Allllc:led;
E. Rec:ldeM Dnpnl

00 I

11. Negllgera (Checlc are)

A. None

0
i:J

8. low

0
Order 0

0
Mo Da Yr

12. Type of Action
14. Initial Action A. Cllallon 0

I 04(a)
B. Onler

13. Type of lssua- (check one)

!i1i

SafegNrd

0

Wdllen Notice C

U

C. Safllguanl

D. Wrttlen Notice

Q

E. Cl!alian/

F. Oe.S

Order Number

15. Area or Equipment

B. Time (24 Hr.

~

MSHAFomt - ·

l n -..... wilotlle"""""""'"oll!leSniii--ROGOIIIOI)'En_F_IV:Iol111110. !lle AQ-Ragulolaly~lnci10At0i0f\II!Ftl--ll--110n1 .... _ _ _ _

,_

. , _ . . . . , ,, TteO_OIVIUIIIJ..,tlu-~-~nd-eodl_.:fi~IO-bulinlu. ~YQ.IwiiiiiD-onthl
llle~ID.--IIIdllllliiOIICI~--·'-VV1211Rihi,_ ..... Sife(y.., H<*IIAeYIIw~.

rllfMel'neniiiCIICIIaoiMSHA. 'jOII mayC8111.-.REGofAIR(1..U.734-U47~ or-IIW ~~~Small--· OlllcltdiiW -~-3tcl SWHI. SW MC2120, waslllng!Dn. DC 20410. ~-. . lllalyQUrlgMiolllu........r .... U>e ~lllnadGillcniO..,_fGI!IIyau--.lndudir>g

Attachment B- Citations Issued During Audit

28

United States Department of Labor
Mine Safety and Health Administration Office of Accountability District

I Coal Dist 1

Field Office

Pottsville, P A

MineiD

]

Date

Mine Citation/Order

one gallon non-approved plastic gasoline container was observed outside of the parts trailer entrance.

B. Section of Ad

C. Pert/S.dion of Tltle30 CFR

77.20B(c)

No uketihood

n

Unlicely 5!; ·

Rnsonab!V Uklly

0

Highly Ukely

0

Occuned

0

No Lost WOI1cdays

0
0. Higll Cbllon ~

c. Slgnil'anl and ~t
11. Negligence (c:lleck one)

YaO
A. None

No~

0
0

B.'--Q
13. Type of lauanat (!Nd< one)
E. Cation!

0
Onlef 0

E. ~NDingMI Safeguard

Q

12. Type of Action
14. Initial Aclion A. Citalion 0

I04(a)
B. Order

0

Willen Nolice

0

0

C. Safeguanl

D. Willen N«ice

C

F. Datecl

Mo 011 Yr

Order Number

15. Area or Eq\liprneftt

B. TIIIUI (24 Hr. Clock)

17.AdioniDTetm~Mte

The Mine Operator removed the plastic gasoline container from

mine property.
18.

MSHA ..-aNa------·-··-............_ .......... 0 - a n d 1011eeionoiF.._._.IDNCiive_ftam _ _ _

•-oiV.._B_RegiAIIolyEII-~Adoi18CII, e.

en-lldiOnL

The~IIVIUIIIJ.......,_en_aciviliel'""--"'lllftucl..... 41» 3rd SW MC 2120. Waohinglon, OC 20018. P1ono nolO. your rigllllo file a comrnanl """lt. Ombudsman Ia in -lionlo anrGllw rigNo you lll8'f lme, incllllling tt. righllo ...,,... ella!- ond pr~ penallin ond oblaln a haomg before !he F - , . , . Solely and ,._,h R - Comrninlon.

Agr....,.,.

aboUI-

$1-.

-.!hal

Attachment B- Citations Issued During Audit

31

United States Department of Labor
Mine Safety and Health Administration Office of Accountability District

l Coal Dist 1

Field Office

Pottsville, P A

Mine ID

Date

Mine Citation/Order

u.s. Department of Labor
Mine and Health

(Cantractcr)

8a. Wrlllen Nali:e (I 03g)

D

The Continuous M ner in the 003-0 Southwest section mined one shuttle car i without adequate air quantity at the face. The air measured 6,120CFM at the time of mining. The Operator's plan states that at least 9,000 CFM will be · available for mining. Both the Superintendent and Section Foreman went outby to find the ventilation problem and neither one notified the Miner Operator that the air was inadequate for mining.

See Contlnuolian Form (MSHA Form 7CJOII.3o)

0

B. Seetlon
of Act

C. Part/Sactlcn of TtUe30CFR

75.370(a)(l)

No lilrelillood

0
0
Ho

unnkety 1!21
LOSI W~ Or Restrk:led Duly

Highly llb!y

0
0
008

B. 111uiY otlllness cculd rea.

eoMbljl be eJCpeC\td )O be:

No Lost Workdays

lilJ

YesO
I 1 Negliglnce (cheek crw) 12. TypeotAclion
14. lnillll Action A. Cilation 0

lilJ
0
C. Madlnla

I

Permanenltf Olsabling

D. Nlnber or Persona Allecltd:

B. Low

0

D. High Clllltlon 0

0
Onlet

E Reckless Olsreganl

0 0
Mo Oa Yr

104(a)
B. Order

13. TyPt olisiiUIIICe (check one) C. Safeguan!

0

Safegwrd

0

Wrllten Nollee

0

0

D. Wrtt.l NoiiQe

0

E. Citation' Ordor NUI'IIW

F. Dated

15. Area cr Equipment

I. Time (24 Hr. Cleek)

11. Ac:1ionloTerminale The Operator tightened outby ventilation controls and restored adequate air to the face area for mining.

In accor- Mit lhe _..,..d 1te s- llusU>na Roplllory Enloroomonl FolmouAcl d 19911, 1he Smal B o - Adminillrolion ha• o•lolllsft.. a Natiooll 8utines<ld~AoJIIdoby OmbiM!.,..oond10Reglanal Falm--dotar_e_ts ~omamalllor rlghlayau mar~... ~ and-•h-"'obolore 1118 ,_llolna Sofolyond Heollll Roview Comml.. lon.

-iliGMollheSmai...,_~EIW"-Folm-Adol1191, 1heS...UIIuoiNRMmlnlllnlion

3rd street, SW MC 2120. Wasllington, DC 20416. inclucing ttwo rigi!IIO- cilollano ..,"'--'

Pie--·

'""'"ilbtg-onl

Attachment B - Citations Issued During Audit

33

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Dist 1

Field Office

Pottsville, PA

MineiD

]

Date

Mine Citation/Order

"'· \ot\111 ....... _ . VI , . .. . . . , . _

uo. WrtHen Ndi:.e (10Jg)

(Confnoctor) ( )

The l South Belt was observed rubbing a bottom structure 14' outby spad 258. The bottom structure was warm to the touch. Left unattended this conditions presents a fire hazard to all miner inby the area.

8. Section oiArl

C. Pilti/Stcllon ol

Tltle30CFR

75 .173J(b)

No Ukellhood

0

Unlilloly

0

Reuonably Likely ~

Highly Ukely

0
Fatll

No Loel Worlcdaya
Yes~

0 0
D. Number or Persons Affected:

0

No

008

11 . Negliglnce(checltone)

A.~

0

B. loW

0
0

C. Modelllle (i1l

0 . High

0
Order

E. Redden Clateganl

0

12. Type of Adion
14. fniUf Action
A. Cbllon

1Q4(a)
B. Order

13. Type of ISGUIIIC8 (check one)
C. Sal~

Citation lia

0

s.legUird

0

Wrtlan No!ice

0

0

0

CJ

E. Cfta!Jan/
Order Numt.r

F. Dated

MoDe Yr

0. Wr1llet1 NOIIce

15. Area or EqUipment

8 Tlme (24 Hr. Cloc:tt)

The Chief Electrican trai l t so the bottom belt did not touch the warm bottom structure. This eliminated the danger of a belt fire affecting miners inb the warm bottom structure .
17.ActlontoT.,...

~~~---------------------------

ageay ~ ~ The O.nbl.darnan annuaiJr IWI~aln enfatce,.nt acthlllia alld raiM MCh llgMq'a teaponstvenes& 10 unaU bu&i._.. If you wilh to c.::omrn.nl Ofllhe . . . . , _ - ol MStiA, you ..-y cal 1-G-FAR (I..JN-734-3247), or-the Ombud.,_ ol Small Businell Admini-ioo. Olflca olllw N,_l Ombudllllan, 4Dt JrdSirMI,SW MC 2120.Miaahlngoon. DC 20418. - . ..... -.lholva..,rithttoroteaconvnentwi1hthe0tn- &tin edllshod o Nlllan~moll lluclnon ond AQrlcullure Rogu'-'ory OmbudiiNin and 10 Rogianol Fairnoos Boards lo receive """'""'nla lrom omal

Attachment B -Citations Issued During Audit

34

United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal Dist 1 Field Office Pottsville, PA MineiD

Mine Citation/Order

U.S. Deoartment of Labor
Mine Safety and Health Administration

B.CondiUonotP~

(~

81. WtltlenNdice(103g)

0

The ~3 Belt tail roller guard does not fully guard the tail roller from access on the left side looking outby. The unguarded area is approximately 2' by 1'. Guards at conveyor tails shall extend a distance sufficient to prevent a person from reaching behind the guard and becoming caught between the belt and the roller. The Belt Man is required to work around this unguarded area.

B. Section oiAcl

c . Par1/Secllon or Tll1e30CFR

75.1722(b)

No Likelihood

0
No

Unlikely

0

Reascnably Ulrely ~

Highly Lll 8/'ly dlw <9ol1 you may ht,., including 111e rig!IIIO- cil11ian1 end proposed ptnalli• end olllolro • llftmg bolorellle Fodotalt.tiM Solely ond Hedlt R - Cornmll&iorl.

roo. •··- •• ..••.,

... ---·---·-- ··-· .... •... ... . .

Boo••

en'"'--

or-

smoll-10

Attachment B - Citations Issued During Audit

35

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I Coal Dist 1 I Field Office
I Issued

Pottsville, PA

MineiD

Mine ID I Violation
(b) (6)

I Type I30CFR I S&S 104(a) Citation 75.370(a)(1) v

I

I

I Likely I Injury I Affected I

Neg

I

RL

I

LD

I

8

I Mod

The operator did not develop and follow a plan approved by the district manager to pillar the east mains section. The operator pillared the area starting at spad number 1645 and continued to pillar outby to spad number 1175 a distance of approximately 2200 feet. The area was pillared from rib to rib across the section. How did the additional pillar recovery affect the ventilation system? Was this citation considered for elevated enforcement? Was the roof control plan reviewed to determine if that plan was not being complied with, or if conflicts existed between it and the ventilation plan?

The operator did not follow the provisions of the approved ventilation plan for the south dip of the east mains section. The operator continued to recover pillars starting at spad number 2192 on the ventilation map and continued to recover the pillars to the east mains at spad number 1764. The pillars were recovered from rib to rib.

The sightline used for directional control in the #2 entry on the 004-0 section was not surveyed and followed. The continuous miner drifted toward the #3 entry. Roof bolts and additional timber was installed in this area. The cited conditions·or practices \.vere not described in sufficient detail. was,the entry off centers over what distance? Did-this result in the entry being too wide? Was the violation extensive enough to

map been on the

How far

Attachment C- Citations With Questionable Evaluations

36

United States Department of labor Mine Safety and Health Administration Office of Accountability Disbict

I Coal Dist 1

Field Office

I

Pottsville, PA

MineiD

The narrative of the did not contain rmation to properly uate Would overexposure to high levels of noise be likely to cause permanent hearing loss? This citation appears to meet the criteria for S&s: Did the inspector review any records that would support the loss of hearing for , the bolter operators? Had any engineer.ing c;h,anges been ~one to reduce the noise ·level? Was-hearing· protection beln!i~prn by..t.he.-miners? Since·the inspector evaluated the negligence a~: "higf:l," was an ele\lated ·
~~ ·

'

-

Based on the results of a full shift (10 hours) noise survey taken on December 09, 2009, the permissible noise level has been exceeded on the roof bolter operator (occupation code 046) and the roof bolter helper (occupation code 047) on the 004-0 section of the mine. The results were recorded by a Quest Model NoisePro DL Dosimeter show a dose of 1257% for the roof bolter operator and 419% for the roof bolter helper. The roof bolter operator and the roof bolter helper are enrolled in the company's hearing conservation program. The roof bolter operator and the roof bolter helper were wearing dual hearing protection at the time of this survey. Both must continue to wear dual hearing protection until the noise exposure level is reduced to a permissible level. The mine operator must use all feasible engineering and /or administrative controls to reduce the miners exposure to within the permissible exposure level. The operator was cited for this condition on June 3, 2003. The operator used administrative controls and a Remote MINOVA Aula Rock Drill to achieve compliance with this standard. The operator was using a Mid Western Drill at the time of this survey on December 9, 2009.

A Milwaukee 7 inch Heavy Duty hand held grinder and a Dewalt 4 inch hand held grinder, were not maintained in safe operating condition. When examined, both grinders were not provided with guards on the grinding wheels to prevent contact by a person, to contain debris, and to prevent the grinder from 'Walking" if the grinder is set down while the grinding·wheel is still rotating. These grinders were not in use, however they were available for use.

Attachment C- Citations With Questionable Evaluations

37

U.S. Department of Labor

Assistant Secretary for Congressional and Intergovernmental Affairs Washington, D.C. 20210

WAR 26 2010
MEMORANDUM FOR:

MICHAELA.DAVIS Deputy Assistant Secretary for Operations Mine Safety and Health

~

FROM:

PETERJ.MONTALI ~CJ.;~ Acting Director of Accountabili\ly Mine Safety and Health MSHA Office of Accountability Au (b) (6) n ~~ I ... :t. • II ing North, PA, an
• 1111

SUBJECf:

II>! • • • ••

tern

(b) (6)

Introduction
This memorandum summarizes the Office of Accountability audit of the subject field office · and mine. Audit subjects included MSHA field activities, level of enforcement, Field Activity Reviews (FARs), Accompanied Activities (AAs), MSHA supervisory and managerial l'nrt=>rc:.,· and the conditions and at the mine. The audit was conducted during the (b) (6) Peter J. Montali- Acting Director Office attention are included in this audit report. Overview
(b) (6) (b) (6) (b) (6)

with the on-site...,,.,,....,.... (b) (6) audit team were

On-site areas examine~ included the MCC 1 room, MCC 2 room, MCC 3room, pit & highwalls, Cat haul truck, Western Star Tri-axle dump truck, blasting site, diesel fueling area, CAT 345B, CAT 775E haul truck, CAT 775 D haul truck, CAT 992 Front End Loader, Cat 773 B Haul.Truck, Haulage roads, MCC transformer, C-1 conveyor belt, tarping station, standard feed conveyor, standard indine conveyor, and roadway to second mill conveyor.

S&S Rate Comparison S&S rates for the Wyomissing North Field Office, were slightly above the Districts' average and slightly below the National rate in FY 2008. In FY 2009, the Wyomissing Field Office's S&S rate increased and is currently above both the District and National averages. S&S Rate Comparison Wyomissing North Northeastern District Field Office 19.65% 20.51% 28.78% . 35.93%

Fiscal Year 2008 2009

National Average 21.42% 28.03%

Time and Activity Comparison Time distribution for E01 inspections conducted out of the Wyomissing North field office from October, 2008 to August, 2009. Time Distribution (Percent) - E01 Ins Jections at Surface Facilities Citations Total Citations Issued Total Travel Other Issued On-Site Off-site Percent On-site 75.57% .62% 17.90% 2.80% 3.78% 100% 20.31% 10.42% 61.59% 3.02% 7.69% 100% 14.14% 5.04% 70.16% 2.03% 10.66% 100% 20.42% 10.66% 61.88% 3.82% 7.05% 100% *Total On-site time includes Citations Issued on-site

2008
Nat'l Ave 2008

2009
Nat'! Ave 2009

2008
Nat'l Ave 2008

2009
Nat'l Ave 2009

Time Distribution (Percent) - EOl Inspections at Surface Mines Citations Citations Total Total Travel Other Issued Issued On-Site Percent On-site Off-site 2.88% 27.40% 9.70% 57.10% 5.80% 100% 3.16% 5.67% 28.19% 11.97% 56.17% 100% 27.59% 8.68% 57.29% 2.75% 6.43% 100% 100% 3.27% 25.89% 11.93% 56.18% 6.00% *Total On-site time includes Citations Issued on-site

Time Distribution (Percent) - EOl Inspections at Underground Mines

Travel

Other

Total On-Site
64.38% 59.92% 68.52% 59.81%

Citations Written Onsite
0.13% 1.69% 0.31% 2.22%

Citations Written Offsite
7.07% 5.21% 4.27% 5.08%

Total Percent
100% 100% 100% 100%

2008NE
Nat'l Ave 2008

2009NE
Nat'l Ave 2009

20.45% 22.19% 20.01% 23.72%

8.10% 11.90% 7.20% 11.40%

*Total On-site time includes Citations Issued on-site

Audit Results The audit revealed positive findings in several areas, including the following: 1. Inspection work by the accompanied inspec.tor was commendable regarding the identification of hazards and violations at the mine site. 2. Condition or practice as identified by the inspector was very detailed. 3. The documentation of the second level reviews of Field Activity Reviews by district management provided detailed comments. The second level reviews identified many specific deficiencies and provided excellent feedback to FO supervisors concerning the submitted reports. 4. Personnel at the field office displayed a professional attitude and appearance.

The audit also revealed several issues that require corrective actions, including the following:
1. Conditions observed and citations issued during this audit indicate that highwall ground conditions and mining methods that address compliance with maintaining safe ground c;onditions appear not to have been addressed in previous inspections.

(See Attachment D) 2. Evaluation of gravity, negligence, number of persons affected, and level of enforcement do not appear commensurate with the notes or the narrative of the citations. [See Attachment C) 3. There was insufficient enforcement focus during past Previous (b) (6) (b) :; 0 issued. The audit issued. There did not inspections average(6) appear to be any si~ant changes regarding mining equipment, and employment since the previous inspection. (See (b) (6) TtPm ?7. Uem 32, Item 36) 4. Site inspection time for previous inspections at nine do not appear appropriate for the mine size, equipment or mine type. (See Item# 27)

5. The district should review the status of intermittent and full-time operations for accuracy. A review of man-hour reports for some operations listed in intermittent status indicate they should be classified as full-time. [76% ofWyomissing North field office mines are classified as Intermittent, 69% of the Northeastern Districts' operations are classified as Intermittent] (b) 6. Inspection site (b) (6) the audit totale. necessary to complete the regular (6) (b) (6) . (6) tions s issued a~ rate . Previous inspections averaged (b) (b) (6) te time hours with an average-itations issued. (See Item #27, Attachment B) Attachments

A. B.

Office of Accountability Checklist with comments, recommen?ations, and references Citations/Orders issued during this audit
(b) (6)

56.14207 56.14207 46.11d 56.9300a 56.6306a 56.11002 56.3200 56.14100b 56.9314 56.12041 56.12041 56.4201a1 56.3130 56.14107a 56.12034 56.14112b 56.9100b 56.3401 56.11002 56.12041 56.12018 56.12018 56.12018 56.12018 56.11001 56.14107a 56.11001 56.12016 56.12032 56.12004

(b) (6)

56.14110

C.

Appropriate determinations of gravity, negligence, and level of enforcement appears not to have been determined correctly. Photos taken during audit

D.

.I

I
j

I

!

l

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

I Field Office I Wyomissing North I Mine ID

(b) (6)
--

J

1.
Adequate

Evaluate supervisory review of inspection reports and documentation for completeness.

D

Inadequate

[XJ

Not Applicable

D

Comments Below

A review of prior inspection reports indicate a lack of consistency in evaluation of negligence, gravity, and type of action on a number of citations.

(See Attachment C)

2.

Determine if supervisors address report deficiencies·immediately

Adequate

D
(b) (6)

Inadequate

[XJ

Not Applicable

D

Comments Below

on the citation listing in Attachment C, which have been were not addressed or corrected.

(See Attachment C)

4.

Evaluate the quality of Field Activity Review reports (FARs)

Adequate

D

Inadequate

[XJ

Not Applicable

D

Comments Below

Ten FAR's were available for review during the audit for this field office. Four of the ten reviews did not have any deficiencies identified. When deficiencies are noted, a statement "As noted in comments above" has been used in a number of FAR's. This area of the FAR should contain any deficiencies noted during the (b) (6) visit not just to refer to the checklist. One FAR/ AA was conducted at mine · .isting 2 inspectors on the same FAR. A FAR should not contain multiple · same evaluation since the checklist would not identify which inspector met or did not meet the criteria listed. 2nd level (b) (6) lists a number of comments on each FAR that was missed (b) (6) (b) (6) l added comments such as "FAR missed the mark", " comments/ deficiencies were identified but no follow-up or corrective action.

5.

Determine if supervisors/ managers are identifying and addressing performance or behavior based issues during and after accompanied inspections are conducted 6

Attachment A

United States Deparbnent of labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

I Field Office I Wyomissing North I Mine ID

(b) (6)

Adequate

U

Inadequate

U

Not Applicable ~

Comments Below

No performance or behavior based issued were identified during the AA's

6. Adequate

Evaluate the quality of Accompanied Inspections

D

Inadequate

IX]

Not Applicable

D

Comments Below

Second level reviews are very detailed with good comments and questions regarding the FAR' sf AA' s. It appears that although the 2nd level reviews are detailed with very good comments, the FAR's quality has not improved. 40% of the FAR/ AA had no deficiencies identified, 30% of the AA's had no comments/ observations listed, 60% of the AA's comments were almost identical stating that a thorough inspection was completed and one AA revealed that two inspectors were evaluated on one report.

8. Adequate

Determine if Assistant District Manager is holding supervisor accountable for FARs and accompanied activities

D

Inadequate

IX]

Not Applicable

D

Comments Below

During FY 2009- All required FAR's! AA's were not completed on each inspector in the Wyomissing North Field Office. No FAR's! AA's documents were in the file for two inspectors; First half year reviews (10-1-08 thru 3-31-09) were not completed for three inspectors:

9. Adequate

Determine if District Manager is using Performance Management System to hold ADMs accountable for oversight of subordinates

D

Inadequate

IX]

Not Applicable

D

Comments Below

All FAR's! AA's were not completed during FY 2009. No FAR's! AA's documents were in the file for two of the Wyomissing North Inspectors and no documentation was provided that First half.year reviews (10-1-08 thru 3-31-09) were completed for 3 inspectors:

Attachment A

7

United States Deparbnent of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

I Field Office I Wyomissing North I Mine ID (b) (6)

12. Adequate

Evaluate supervisory and management review of 103(i) (spot inspection) tracking system for compliance with time frames

D

Inadequate

D

Not Applicable

[KJ

Comments Below

13. Adequate

Determine if supervisors and managers are ensuring that 103(i) inspections are not combined with any other type of inspection

D

Inadequate

D

Not Applicable

[KJ

Comments Below

14. Adequate

Determine if supervisors, staff assistants, and other management personnel are reviewing work products for accuracy and completeness

D

Inadequate

[KJ

Not Applicable

D

Comments Below

See Item 17, Attachment C

15. Adequate
(b) (6)
•

Determine if supervisors are monitoring inspector time and activity documentation to ensure proper use of time by inspector

0

Inadequate

D

Not Applicable

D

Comments Below

\cno...t-.,.... ... c

• • are utilizing the Key Indicator reports to monitor time & activity for the ••• and field office. Interview with the field office supervisor indicates that he is also

• .......,,~ .... •·~'. the time expended during inspection activities. •
Deterffiine if Standard Operating Procedures (SOPs) are in place, current, and in compliance with MSHA policies and procedures

16. Adequate

0

Inadequate

D

Not Applicable

D

Comments Below 8

Attachment A

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

I Field Office I Wyomissing North I Mine ID

(b) (6)

17. Adequate

Determine if supervisors are using the Performance Management System to hold inspectors accountable for properly evaluating gravity and negligence, termination due dates, and timely termination of citations

D

Inadequate

00

Not Applicable

0

Comments Below

Questionable determinations on citations issued on previous inspections. See Attachment C

18. Adequate

Determine if supervisors are adequately evaluating the level of enforcement.

D

Inadequate

00

Not Applicable

D

Comments Below

Evaluation of gravity and negligence is questionable following the review of prior inspection reports.

See Attachement C
Determine if District Manager is monitoring the ACR program and using the Performance Management System to ensure that CLRs justify changes

19. Adequate

D

Inadequate

D

Not Applicable

D

Comments Below

[gJ

Audit team did not conduct a review of the ACR program during this audit.

20.
Adequate

Determine if District Manager is using discretion in granting conferences

D

Inadequate

D

Not Applicable

D

Comments Below ~

ACR program was not review during the Accountability Audit.

21.

Determine if second level reviews are used to assess supervisory review of enforcement actions 9

Attachment A

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

I Field Office I Wyomissing North I Mine ID
Not Applicable

(b) (6)

Adequate See Item#4

U

Inadequate ~

U

Comments Below

22. Adequate

Determine if appropriate actions are taken by supervisors and manager with respect to issues of misconduct and/ or poor performance

D

Inadequate

D

Not Applicable

[KJ

Comments Below

Misconduct j poor performance issues were not identified in the field office.

23. Adequate

Evaluate inspector/ specialist knowledge of documentation required and process for completing PKW Forms.

D

Inadequate

D

Not Applicable

D · Comments Below ~

PKW'S not reviewed during the audit

24. Adequate

Evaluate the district's process for performing Possible Knowing/Willful (PKW) reviews and initiating or denying special investigations

D

Inadequate

D

Not Applicable

D

Comments Below ~

Not reviewed during the audit. Information/ documentation located at the district office.

25. Adequate

Determine if District Manager is using Performance Management System to hold the Supervisory Special Investigator accountable for properly evaluating potential cases

D · Inadequate D

Not Applicable

D

Comments Below:

I x.l

Not reviewed during the Accountability Audit

26.

Determine if managers and supervisors are using required "standardized reports" to review critical data relevant to inspections and investigations

Attachment A

10

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

I Field Office I Wyomissing North

J

Mine ID

(b) (6)

J

Adequate

~

Inadequate

U

Not Applicable

U

Comments Below

District and Supervisors review the Key Indicator Reports

27.

Determine if complete and thorough inspections are being conducted and adequately documented
(b) (6)

D

Comments Below

(b) (6)

of the accountability audit of (b) (6) necessary to complete the · (b) (b) (6) (6) (b) c1tanons 1ssuea at a The previous six (6) regular inspections (b) (6) site time hour~ete the regular inspectio~:itations issued per inspection at (6) (b) (6) average rate
(b) (6)

<-

28. Adequate

Determine if inspection notes support the inspector's assertion that the mine was inspected in its entirety, including health sampling

0

Inadequate

D

Not Applicable

D

Comments Below

29.
(b) (6)

Determine that the inspector spent sufficient time on off-shifts and on weekends

D

Inadequate

D

Not Applicable

0

Comments Below

works only one shift.

30. Adequate

Determine if all mine records, postings, and other required materials are examined during the inspection

D

Inadequate

D

Not Applicable

D

Comments Below ~

Mine records were not examined during the audit. The inspection was on-going following the accompanied audit.

Attachment A

11

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

I Field Office I Wyomissing North I Mine lD

(b) (6)

J

31. Adequate

Determine if all provisions of the MINER Act (Affecting MNM) are evaluated during the inspection

0

Inadequate

0

Not Applicable

[K]

Comments Below

32.
(b) (6)

Determine if the amount of time expended on each inspection activity and area of the mine is sufficient to accomplish inspection goals

D

Inadequate

[K]

Not Applicable

0

Comments Below

time hours were required to complete the inspection at the Hamburg Division aurmg the accountability audit mine visit. Previous site time hours expended to complete the regular inspections aver (b) (6) :e hours/regular inspection.

33. Adequate

Evaluate each citation/ order for inspector's determination of gravity, negligence, number of persons affected, and the level of enforcement

0

Inadequate

[KJ

Not Applicable

0

Comments Below

The inspector was very methodical in ·his inspection activities and identified hazards and violations during the audit. The evaluation and determination of the number of persons and level of enforcement was appropriate but available informcition useful in evaluating negligence was not considered by the inspector. Citations were modified to reduce the negligence from High to Moderate or Low on 12 citations that were issued. Previous inspection reviews [See Attachment q indicate appropriate determinations of gravity, negligence, and level of enforcement may not have been correctly determined.

Attachment C Citation and Order Writing Handbook pp7,9
Evaluate the inspector's imminent danger mine site check.

34.

Adequate

0

Inadequate

D

Not Applicable

[K]

Comments Below

Attachment A

12

.I

I !
United States Department of Labor Mine Safety and Health Administration Office of Accountability District

!

i

i

I

MNM Northeastern

I Field Office I Wyomissing North I Mine ID

(b) (6)

35.

Check adequacy of work place examinations/ pre-operational examinations

Adequate

D

Inadequate

0

Not Applicable

D

Comments Below

The number and type of citations issued indicate that adequate work place exams/ properational exams are not being conducted by the operator. Three citations have been issued for work place examinations since 1981. See Attachment C Evaluate inspector's observation of back/ Ground conditions

36.

Adequate

D

Inadequate

0

Not Applicable

D

Comments Below

Inspector evaluated the condition of the highwall correctly during the accountability audit conditions have not been addressed during previous inspections. Citation (b) (6) were issued during the audit. appear to have bee~ ~d to exist for extended period of time. Since CY (b) (6) 2000, zero citations were issued at ~ mine regarding ground control or mining methods. The district peer review conducted :lentified similar issues regarding ground conditions at the two mining operations visited during their review. The review stated; 1. Ground Conditions in the Pit. (No indication of citations ever issued for ground conditions at this mine) 2. Failure to examine and test for loose ground conditions in the pit. 3. Failure to maintain wall bank and slope stability in the pit.
(b) (6)

See Attachments B & D

39. Adequate

Determine adequacy of training plans (interview miners)

D

Inadequate

D

Not Applicable

D

Comments Below

0

Training plans not reviewed during the audit.

Attachment A

13

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I MNM Northeastern I Field Office I Wyomissing North I Mine ID

(b) (6)

40.
Adequate

Evaluate Self-Rescuer conditions

D

Inadequate

D

Not Applicable

[KJ

Comments Below

41. Adequate

Electrical equipment maintained (includes electrical cables/ equipment/power supply stations, etc.)

D

Inadequate

[RJ

Not Applicable

D

Comments Below

Ix.l

During the accountability audit, thirteen (13) citations were issued on electrical standards.
(b) (6)

B- Citation#

(b) (6)

Recommendation: When a journeyman inspector identifies this many hazards relating to the electrical standards, an electrical inspector should conduct a follow-up inspection to determine the extent of electrical roblems.

42.

Evaluate several pieces of equipment for permissibility (Gassy mines)

Adequate

D

Inadequate

D

Not Applicable

[KJ

Comments Below

45.
Adequate

Evaluate condition and maintenance on conveyor belts, structures, and guarding

D

Inadequate

[KJ

Not Applicable

D

Comments Below

Attachment A

14

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

(b) (6) I Field Office I Wyomissing North I Mine ID ~

46.
Adequate

Evaluate fire valves and hoses

D

Inadequate

D

Not Applicable

0

Comments Below

49.

Evaluate cleanup of accumulations/housekeeping

Adequate

0

Inadequate

D

Not Applicable

D

Comments Below

51. Adequate

Examine mine bulletin board and evaluate adequacy of all required postings

D

Inadequate

D

Not Applicable

D

Comments Below (EJ

Did not have the opportunity to review the bulletin board during the mine visit. Inspection was on-going at the time of departure of the audit team.

52. Adequate

Interview responsible person(s) and evaluate knowledge of emergency response, evacuation procedures, and fire fighting processes and first aid (Person in charge)

D

Inadequate

D

Not Applicable

D

Comments Below

(EJ

Did not review during the mine visit. Inspection was on-going at the time of departure of the audit team.

54.
Adequate

Determine if districts are conducting sufficient, in-depth Peer Reviews

D

Inadequate

D

Not Applicable

D

Comments Below

(gJ
15

Audit team did not review the peer reviews. Documentation is maintained at the District
Attachment A

United States Deparbnent of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

I Field Office I Wyomissing North I Mine ID

[jliliiiil (b) (6)

I Office.

55. Adequate

Determine if MSHA headquarters is conducting sufficient, in-depth Peer Reviews

D

Inadequate

D

Not Applicable

D

Comments Below

[EJ

Not reviewed during the audit.

56. Adequate

Determine if Peer Reviews identify root causes of deficiencies, corrective actions, set time lines for corrections, and identify a method for accurately measuring the success or failure of corrective actions.

D

Inadequate

D

Not Applicable

D

Comments Below

[EJ

Audit team did not review the peer reviews. Documentation is maintained at the District Office.

57. Adequate

Determine if Peer Reviews are being used to assess supervisors and managers performance

D

Inadequate

D

Not Applicable

D

Comments Below

[EJ

Did not review Supervisors Performance rating.

62.

Ten most current completed E02 (103(i) spot) inspection reports

Adequate

D

Inadequate

D

Not Applicable

[K]

Comments Below

I
'I

I

63.

Citations and orders issued during previous two quarters

Attachment A

16

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

I Field Office I Wyomissing North I Mine ID
Not Applicable

(b) (6)

Adequate

U

Inadequate ~

U

Comments Below

See Attachment C

I I
I
I
I

I I
64. Adequate Determine if 104(d) tracking system is in place at the office being audited, and is being kept up to date
I

I
I
\

[RJ

Inadequate

D

Not Applicable

D

Comments Below
·I

I I
I

I

i

65. Adequate

Determine mine files are legible, and up to date

[RJ

Inadequate

D

Not Applicable

D

Comments Below

Mine files are neat, orderly, legible, up to date, and labeled appropriately. These files are the best well kept files that the audit team has observed.

66. Adequate

Determine if miners are adequately trained in the provisions of any new conditions/ changes/ equipment at the mine.

D

Inadequate

D

Not Applicable

D

Comments Below

(EJ

Inspection was not completed during the accountability audit. Was not review during the audit mine visit.

69.
Adequate

Determine if required information is submitted in the plan

D

Inadequate

D

Not Applicable

[RJ

Comments Below

Attachment A

17

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

I Field Office I Wyomissing North I Mine ID

(b) (6)

70. Adequate

Determine if submitted plans are evaluated for provisions contrary to standards or regulations

D

Inadequate

D

Not Applicable

[KJ

Comments Below

71.
Adequate

Evaluate the effectiveness of management's support of, and communication with, inspectors and specialists

[KJ

Inadequate

D

Not Applicable

D

Comments Below

Weekly meeting are conducted with district and field office personnel.

73. Adequate

Are MSHA Forms 7000-1 accurately reviewed for proper information and potential violations, unsafe practices, or conditions?

D

Inadequate

D

Not Applicable

D

Comments Below

[EJ

Not reviewed during the accountability audit.

74. Adequate

Determine if inspectors have sufficient equipment and supplies to conduct thorough inspections.

[KJ .

Inadequate

D

Not Applicable

D

Comments Below

The accompanied inspector had the necessary equipment to conduct a thorough and complete inspection at the Hamburg Division operation.

75. Adequate.

Determine if adequate close-out conferences are being conducted at the end of each inspection.

D

Inadequate

[KJ

Not Applicable

D

Comments Below

Documentation in the files review indicates that close out conferences are being conducted by the inspector at the end of the inspection. Some of the inspection files indicate that all the information required for the close-out conference is not included on the close-out form 400049C. FAR 2nd review notes state "No MSHA participants listed", "No comments or topics discussed on issuances -just provides a list of citations", etc. Attachment A 18

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

I Field Office I Wyomissing North I Mine ID

(b) (6)

76.
Adequate

Determine if E01 inspections at surface mines includes an observation/ evaluation of blast hole drilling, loading, and blasting operations.

[KJ

Inadequate

D

Not Applicable

D

Comments Below
(b) (6)

Inspection party observed blasting during the time of the audit. Citation issued during the inspection under 56.6306a.

was

77.

Determine if manpower at the field office is sufficient to ensure adequate, complete inspections, investigations, and other activities.

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

100% Completion rate was achieved in FY 2009 with current number of FTE's

78. Adequate

Evaluate the two most current completed E01 (regular) inspections

The following information is a summary of the most recent two completed regular

.tio~n (6) (b) (b) (6)
(b) (6)

. s•·--

D

Inadequate

[KJ

Not Applicable

D

Comments Below

(1) Citations issued with Audit Team. (2) Total Hrs and Citations Issued during the regular inspection. See Attachment C

Attachment A

19

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

i i
I
I
i

!

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MNM Northeastern

(b) (6) I Field Office I Wyomissing North I Mine ID ~

J

I I

79. Adequate

Citations, orders issued during previous two quarters

I
Conunents Below

i
I

D

Inadequate

[RJ

Not Applicable

D

I I

(b) (6)

Evaluations for gravity, negligence, and the type of enforcement action taken are not always consistent with the narrative of the citations issued. Examples of the inconsistency are found (b) (6) . Csuchas1]-

I
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i

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Citation and Order

Handbook

7& 9

Attachment A

20

United States Department of Labor Mine Safety and Health Administration Office of Accountability District MNM Northeastern Field Office Wyomissing North

I Mine ID

[-

(b) (6)

Mine Citation/Order

U.S. Department of Labor
Mine Safety and Health Administration

(b) (6) (b) (6) (b) (6)

(b) (6)

(Contractor) 88. Wl1llllll Notice (103g) I

I

The Caterpillar 773 B Haul Truck (Comp·any ftRll) parked at the scale house area, was not chocked or ribbed, with a slight grade. People around this equipment were exposed to a fatal injury if the trucked moved after it was parked. The area is heavily travelled by trucks and people entering the scale building. The driver of the haul truck was observed walking it front of the vehicle after it was parked.

See Continuation Farm (MSHA Fonn 71J00..3al

0

9. VIOlation

B. Section
of Act

C. Part/Seclion of rdle30CFR

56.14207

No UkeHhood

0

Unlikely

0

Reasonably Ukely ~

Highly Ukely

0

Occuned

0
Fatal~

1;1. Injury or Hlness could reasonably be expecl8d to be:
C. Significant and Substantial:

No Lost Workdays
Yes ~

O

Lost WOJ!ufays Or Restricted Duty

0

I

Pennanently Disabling

0

D. Number of PelliOIIa Affected:
E. Reckless Disregard

001

11. Negligence (check one)

A. None

O

B. Low

0

c. Moderate 0
0
E. Citation/ Order Number

D. High
Citation

li'J
Order 0

0
Mo Da

12. Type of Action

104a

13. Type of Issuance (c:hflck one)

li'J

Safeguard

0

Written Notice 0

14. Initial Action A. Citation O B. Ordar

O

C. Safeguard

O

F. Dated

Yr

D. Written Notice

15. Area or Equipment

(b) (6)
Section HI-Termination Adlon
17.AcliontDTermllllllll

(b) (6)
I

I

The truck moved and parked· with the front tire against• a· stockpile of stone & dirt, terminating th.e citation.

I

(b) (6) (b) (6)

B. rune (24 Hr. Clock

(b) -

(6)
121. Primary:;MiD

(b) (6)

..... .......

.I

I I
(b) ( ,23.ARNumber b ) ( 6 ) (6)

I
I

,

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing North

I Mine ID

(b) - (6) -

Mine Citation/Order

U.S. Department of Labor

Mine Safety and Health Administration

(b) (6) (b) (6) (b) (6)

(b) (6)

8. condlllon or Prac:lloe 8a. Wlben NOIIce (103g) 0 A Western Star tri-axle dump truck (Company name on truck LJC) parked at the scale house area, was not chocked or ribbed, ~ith a slight grade. People around this equipment were exposed to a fatal injury if the trucked moved after it was parked. The area is heavily travelled by trucks and people entering the scale building. The driver of truck parked the truck and entered the scale house.

See Continuation Form (MSHA Form 700Q.3a)

0

9. Violation .

B. Sectlon ofAt:t

C. Part/Section of TrUe30CFR

56.14207

No Ucelihood

0

Unikely

0 0

Highly Ukety

0

No Lost Workdays
C. Significant and Subatllnl!-1:
Yes~

0
0

lost Workdays Or Restricled Duly

Permanently Oisa D. Numbel' of Persons Affected:

NoD
B. Low

001
0
Mo Oa Yr

11 . Negligenc:e (c:hec:k one)

A None

0

c. Moderate 0
E. Cilation/
Order Number

D. High ~

E. Recldes8 Disregard

12. Type of Adian
14. Initial Action Citation 0

104a
B. Order

13. Type of ls8uance (Cheek one)

Cilallon 6lJ

Order

0

Safeguard 0

Wrilllln Notloe 0

A.

0

C. Safeguard

0

D. Wriltan Notice

0

F. Dated

15. Anla or Equipment

16. Termination Due

_ ......... 'A. ,_..,- · ·

(b) (6)

I rme
~-

(24 Hr. Clodt)

(b) (6)

Secllon Ill-Tetmlnation ActiGn

17.AdlontoTermtnate

The truck w~s moved and parked with the wheel against a berm of stone, terminating the citation.
(b) (6) (b) (6)
B. Time (24 Hr. C1oc:k

18.

(b) (6) (b) (6)

(b) (6)

United States Department of Labor Mine Safety and Health Administration Office of Accountability District MNM Northeastern Field Office

I Wyomissing North I Mine ID -(b) (6)
u.s. Department of Labor
Mine Safety and Health Administration

Mine Citation/Order
Section 1-\/lolation Data 1. Dale (b) (6)

(b) (6)
8. COnditiOn or Pracllce

(b) (6)

(b) (6)
(Contractor)
Sa. Wrfllan NotiQe (1 03gl

!J

Jorge Caballero, the operator of a Western Star tri-axle dump truck Company name on door LJC) did not received site specific hazard awareness training which is information or instructions on hazards he would be exposed to at the mine. The training must address site-specific health and safety risks,. such as unique geologic or environmental conditions; recognition and avoidance of hazards such as electrical and powered-haulage hazards, traffic patterns and control, and restricted areas; and warning and evacuation signals, evacuation and emergency procedures, or other special safety procedures.

I
10. Gravity:

See Continua1lon Form (MSHA Form 700G-3a)

0

C. Paii/Sedlon of

Tdle30CFR

. 46.lld

A. Injury or lUnas (has) (Is):

No Llk8llhood

0

Unlikely

0

Reaooably Likely ~

Highly Likely

0

Occunad

0
Fatal~

B. Injury or illness could reasonably be !!Cpeded to be:
C. Significant and Substantial:
11. Negligence (check one)

No Lost Workdays
Yes~

0

Lost Workdays Or Restricl8d Duty

0 ·

NoD
B. low

I

Permanently Disabling

0

D. Number of Persons Afracled:.

001

A. None

0

0

c. Modenlls 0
E. Citation/ Order Number

D. High ~
Cltallan

E. Rec:klesa Dillragard

0 0
Mo Da Yr

12. Type of Action
14. Initial Actlon A. Cllation 0

I04a
B. Order

13. Type ollssllanca (dledl one)

lil)

Older

0

Safaguan:l 0 F. OaiBd

Wriltan Notice

0

C. Safeguatd

0

D. Wrii!Bn Notice

0

15. Anla or Equipment

(b) (6)
H . AI:IIontoTennlnalll

Site specific hazard awarene~:i!; training was given to Jorge Caballero, terminating the citation.
(b) (6) (b) (b) (6) (6) (b) (6) (b) (6)

r1LLA"-.I.u.&.I.C.I.I.L &I

United States Department of Labor Mine Safety and Health Administration Office of Accountability District MNM Northeastern Field Office Wyomissing North

I Mine lD

(b) (6)

Mine Citation/Order

U.S. Department of Labor Mine Safety and Health Administration

(b) (6) (b) (6) (b) (6)

(b) (6)

i

I i.. ""'"''""''"' ,.,.........,

(Contractor)

8a. Wrllllm Notice (103g)

0

There were no berms provided along an elevated roadway which was 90' in length and ranged from ground level to 10 foot in height. There also was an unberrned area that was 45' wide with a 10' drop off near the top area of the roadway. Miners operating a vehicle were subject to an overturn.

See Conlfnuallan FOIIII (MSifA Form 7CJ00.38)

0

9. VIOlation

B. Section !)fAct

C. PartiSectlon of
rltle30CFR

56.9300a

No Ukelilloocl

0
No

Unli
104a

Yea~
A. None

NoD
B. Low

0

C. Moderate

0

D. High

E. Reckleea Dingard

0
Mo Da

13. Type of Issuance (c:he<:k one)

Citation ~

Order 0

Safeguanl

0 . · Written Nollce 0

B. Order

0

C. SlfaguUd

0

D. Written Notice

0

E. Cltallonl Order Number

"'·Dated

Yr

15. Area or Equipment

16. Termination Due

I

A. Dale

17. Ai:tion to Tetmlnal8

(6) The muck pile was back with the excavator, terminating the
f 1. nne (24 Hr. Clock - (6) (b)

(b) (6)

Uti

n.. Yr

.l_a_nm- n. Employees working in and around this area were exposed to the possibility of injury from the fall of the material hazards.
Sea Continuallan Form (MSHA Form 7QOG.3a)

0

B. Section
of Ad.

C. ParUSection of rllle30CFR

56.3130

NoUkellhood

0

Unlkely

0
0

Highly Ukely

0

Occuned

0
Fatal lil!

No Lost Workdays

0

Lost Workdays Or Rlllllrlcted Duty

C. Significant and Subltantlal:

Yeslil!
A None

NoD

I Numbarot~Affected:
D.
E. ~Di&l&g8RI

Permanently Oliablln;

0

001

11. NegUgenc:8 (dleck one)
12. TypeotAdlon

0

B. low

0

C. Moderate

Q

D. High ~ill

0

104a
B. Order

13. Type ot lsauanca '(cllec:k one)

Cltallon ~

Order 0

Safeguard 0
F. Dated

Wrillen Nollce

0

14. Initial Aclion A Citation 0

0 · C. Safeguard 0

D. Wrlten NOtice

0

E. Cbtlonl
Order Number

Mo Da Yr

15. Area or Equljlment

18. Tetmination Due
17. Ac:aon 10 Termlnalll

~m-T~~

~~ 0818-(6) r (b)

·1 B.

Tlme (24 Hr. Clock)

-(b)

(6)
___,_,...,

_....._,_,_,_,~_,_,._,_,_,_,_,~_,_,_,_,_,_,,_,_,_,_,_,._

18; TermlnallldiA........, - ....._
19. Typeotlnapecllon (activity code) /

MoDa Yr

I
/

B. 1'lmll (24 Hr. ClOck

·

BOl

20._:ventljumber

_

(b) (6)

21. PrimaJy or Mil

p

22. Slgnatur. . . (b)

(6)

(b) (6)

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing North

I Mine ID

.)

(b) (6)

Mine Citation/Order
Sac:tloli ~VIolaUon Olla

U.S. Departtitent of Labor M"ne Safety and Health Administration

1. Data

(b) (6)

(b) (6)

1

f'(b) (6)

3. Clatlonl

Order Number

(b) (6)

(COntractor)

·· - -- - - - aa::wrltlilnNOIICaC103g)

o

The area around the primary MCC transformer was not kept clear of vegetation. Miners were subject to smoke and or burn injuries.

9. VIOlation
Sedlon I .

B. Section of Act

C. Part/Section of Tltle 30·CFR

56.4130b

10. Gravity.

A. lnJuiY Of lineA (haa) (it):

No Ucellhoocl· 0
No Lost Workdays

Reasonably Ukely

0

Highly Ukely

0

Occ:umld

0
Fatal

D

Lost Workdays Or Restricled Duty

Iii!!
lii!J

Permanently Diaabling

0

0

Yes

0·

No

Iii!!

D. Number of Persona Affected:

001
0
Wriltan Notice Mo

11. Negligence (Check one)
12. Type of Ac:11on
14. Initial Acllon A. CJtatlon

A None

0

B. low

0

c. Moderlta 0
E. Cltationt

D. High Citation ~

E. Rec:klela Dislegald

104a
B. Order

13. ~of ll8uance (check one)

Order 0

Safaguaid 0

0

0

0

C. Safeguard

0

D. Wi1ttan Notice

0

·

F.Datad

oa· Yr

Order Number

15. AJU or Equipment

·· IB. Time (24 Hr: Clock) (b) (6)I • I (6) Sec:IIDn IB-TermlnallcnAcaon · 17, AciiOIItoTermlnlllll Vegetation was cut down, terminating the citation.
18.TerminatlonDue • ...... (b) lA."..... 18. Tennlnaled A Det. (b) -

I

(6)

v.

:B. Time (24 Hr. Clock
(b) (6)

(b) (6)
-

Sedfon IV-AulainiJIBd Syllem Data

(b) (6)

(b) (6)

r:lr.'LA...&LU.I.~.I.ll. U

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing North

Mine ID

(b) (6)

J

. Mine Citation/Order

Mine Safety and Health Administration

u.s. Department of Labor

(b) (6)
8. ConditiOn or PtaCIICII

-

1 . oa~

... (b) (6) ..

------------------

(b) (6)
(COntraciOI) aa. vv,_., nauce (103gl [j

-

13 Citation/ Order Number

(b) (6)
-

•
0

The self ~leaning ~ail pulley of the C-1 conveyor belt was not guarded to prevent contact with the self cleaning pulley • . The pulley was 6' from ground level and 22" in diameter by 36" in width. Miners enter this area daily to clean. ·

See Continuation Form (MSHA Fonn70CJ0.3a) B. Section of Ad

C. Part/Secllon of
Tllle30 CFR

56.14107a

No IJcellhood

0
No

Unlikely

No Lost

Workd~~ya

0

D. LOlli WO!kdays Or Resttidad Duty 0

Highly Likely

0

Permanently Disabling

O

Fatal ~

Yes~

0
0

D. Nuinber of PerSons Affected:

001

11. Negigence (c;heck one)
12. :TYPe of AdiOn
14. lnHial Action A. Citation 0

A. None

0 0

B. Low

c. Modllrale WlJ.>

D. High ~ Cllation

.

E.

Recideu Dlsl8g8ld 0
Safeguard

104a
B. Order

13. TyJ!8 of lst1111111C11 (check one)

i!tl

Ordllr 0

0

Wrlllen Nollc:e
Mo

0

0

C. Safeguam

D. Written Notice

0

E. Cltatlonl Order Number

F. Dallld

Pa Yr

16. Areli or Equipment

18. Tet!11ination Due

I

(b) A. Date -

(6)

JL..a_.n_one_<_z4_Hr_Cl_ockl_ _ . _

Secllon Ill-TerrnlnaliOn Action

-=_
(b) (6)

17. Al:tlon to Terminer.

MoOa Yr

I

B. Tune (24 Hr. Clock

(b) (6) (b) (6)

(b) (6)

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing North

I Mine ID

-

(b) (6)

J

Mine Citation/Order
1. Date

.. =::-:-:~=-(b)
(6)

-·
(b) (6)
.

· U.S. Deuartment of Labor Mine Safety and Health Administration
j., "''T-a
I'JA Wr l'l,..,olr\

II I I I (b) (6)

13. Citation/ Order Number

(b) (6)

!on1Jal:lor).
-·-···· · .. -·· · - - ---

There were 4 unguarded incandescent bulbs that were located at the Rat hole area that •.~ 6 1/2' from floor level and .not guarded. Miners were subject to an elec~~ien hazard. The area is cleaned daily prior to start up of the plant. The plant starts at 5 A.M. there fore the circuit for these lights are energized.

lla.WIIIWIINDDee(10~ I 1

Set ContlnuafJon Fcnn (MSHA Fann 700Q.3a)

0

9. VIolation

B. Section of Ad.

c. Part/Sec:tion of
Tilfa 30·CFR

56.12034

No LlkefihClOd

0

Urilllely

0
0

Higllly Ulcely

0

O=nldO

l.olt Workdays Or Restricted Duly

Permanently Disabling

0
OO 1

c. Significant and Subatantiat
12. ~ ot Action

Yes ~

NoD
B. Low

D. Number of PIIISOna Atfectlld:

0

c. Modetale 0
E. Citation/ Order NUmber

D. Hlgh ~

E. Reclde8a Oiaregard Safaguard

0
Mo Oa Yr

104a
C. Safeguard

13. Typeof~(checkone)

Citation [it! . Oldar 0

0

Written NOIIQe 0

14. lniti~ Action A. Citation 0

.B. Order 0

0

D. Writ1en Notice

0

F. Dated

15. Ala or Equipment

18. Termination Due .

I

A. Data (b) -

(6)

I
I

B. Trne (24 Hr. Clock)

SectiOn 111-Tennlnatlan AcGon

17. J\,CIIon to Termlnata

-

(b) (6)

MoDa Yr

B. Time (24 Hr. Clock .

(b) (6) (b) (6) (b) (6)

I

I I

.£'1LLCl'-J.u.l.l~.l.lL

U

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing North

I Mine ID

(b) (6) ~

Mine Citation/Order

u.s. Deoartment of Labor
Mine and Health Administration

(b) (6) (b) (6)
a. Condition or Practice

(b) (6) (b) (6)
(Contradlll)

sa. Wrilllln NOCice (103!1) 0 The guard which covers the tail of the mobile conveyor was not in place. · The guard was bent and the bolts missing. The conveyor was not running at the time of inspection and the location of the opening would make incidental contact unlikely.

B. Sadlon of Act

c. PartJSec:tion of
Tltle30 CFR

56.14112b

No Likelihood

0

Unllkety ~

Reasonably Likely

0
0

Highly Ukely

0

~mid

0
Fatal

Lost WOikdays Or RtiSirlciBd Duty

PennanenUy Oiaabling

l!tl·

0

c. Significant and Substantial:
11. Negligence (check. one)

vas

0

No ~
8.Low

jD. Numberoi~Attec:ted:
0
C. Modarale

001

A. None

0

0

D. High ~ .

E. Reddaa Diaregatd

0
Mo Da Yr

14. Initial Action A. Citation 0

B. Onlar

0

C. Safeguard. 0

D. Written Notioa

0

E. Citation/ Onlar Number

F Dalad .

15. Area or Equipment

1~. r~n Duo lA. Date
':::SecU~on=lll-'-::~~erm=lniiiOn=:::-:-AdiOn±--1
17.-ActlontoTennlnalll

(b) (6)

Mo

Da Yr .

IB. Time (24 Hr. Clock)

(b) (6)

··citation,

The -guard was straightened and bolted in place, terminating the
(b) (6)
Tlrne (24 Hr. Clock

(b) (6)

.·
(b) (6)

(b) (6) (b) (6)

'"J:/

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing North

Mine ID

(b) (6)

J

Mine Citation/Order Continuation

u.s. Department of Labor Mine Safety and Health Administration

(b) (6)
-

~~~ -~~~-------0~------~--~-~-bw--11___111111 · ..> (b) (6)

1 ...........llliiiFctkili 1L COiillliU8iiiili

12 Oa'-'

~

y

13
r

-----t~
(b) (6)

_a_~_e_r_NUmv~----------------------------· __
or)

C"A...__,

(b) (6)

Cbaage
8. Condition Or Practice

.

From

To

Reasou Change the wordiug of "in place" to ·" secure"

Incorrect wording used.

See ConllnuiiiQn Form

0

a. Extenclell To A. .Data Mo

Dl

Yr S. Tlrlle (24 Hr. Clock)
10. Event Number .#

0

C, VaCIIted

0

D. Terminated · ~ E. Modified

&Type:*'·
(b) (6)

seeaon J.V-Inlpedlolt Dati

,

1

(b) (6)

(b) (6) :~:~ i(b · Ji-~~:wnbe:r=JI[12~.Da1e:~~~C:=:··:":-:-:·:u:-:,..-:.:·===== . ) (6 )

..

'::1:0

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I MNM Northeastern

Field Office

Wyomissing North

I Mine ID

(b) [~ (6)

J

U.S. Department of Labor Mine and Health Administration

(b) (6) (b) (6) (b) (6)

(b) (6)
ctor)

A plug was installed, terminating the citation.

See COrdlnullfajJ Fcnn
8. Extended·To

0

A- Dale

Mo

Oa

Yr

B. Tlma 124 Hr. ClOck).

0

C. Vacalld

lit) D. T81111inllllld

0

E. Modillecl

1T.Si9ilai- . ~~...,-(b) (6)
~I.I.CU... &u.&I.C.&.&I,

9. 1W1e or lnspo.clior! .

/

EO 1

(b) (6) (b) (6)

I
(b) (6)

I

i

I
U

I

I I

I
I

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing North

(b) I Mine ID C(. . (6)

(b) (6)

Mine Citation/Order

u.s. Department of Labor
Mine and Health Administration

(b) (6) (b) (6) (b) (6)

(b) (6)

:Ontractor)

Plugs were installed, terminating the citation.

See Con11nuallon Form

0

. 8. Extended To A Dale Mo

Da .

Yr B. Time (24 Hr. Cloc:k)

0 . C. Vacated ~ D. Terminated

0 E. Mod"llied

11:s

(b) • sl•(6) ~

9. Type of Inspection

EO 1

(b) (6) (b) (6) (b) (6)

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing North

l

(b) (6) Mine ID ~

Mine Citation/Order Continuation

U.S. Department of Labor Mine Safety and Health Administra~on

(b) (6) (b) (6)
sec.Jon' II-Juatlllcatlon for Adlon

(b) (6) (b) (6)

The bottom of C-1 conveyor was guarded, terminating the citation.

I
I

I

I

I

I
I I
See Contirullon Form

0

I
!

0
(b) (6) (b) (6) (b) (6)

C. Vac:allld

!ill D. Terminated

0

E. Moclllled

(b) (6)

United States Department of Labor Mine Safety and Health Administration Office of Accountability District MNM Northeastern Field Office Wyomissing North

I Mine ID (b) (6) -

Date

(b) (6) L[ , ,.) J

Mine Citation/Order
~Yr

1. 0ate

(b) (6)

~
o.

(b) (6)

i2. Tlma124 Hr. Clock\

WN'"'"' v1

r••WM.oV

------1-r
(b) (6)
. C. Plllt/Sadlon of · Ttlle30 CFR
U/IJikely

L

U.S. Department of Labor Mine Safety and Health Administration

13. Citation/ (b) (6) Order Number (Contractor)

81. Wrillan Notice (103j)

d

Adequate examinations of high walls were not being performed by the company designated person. Ground conditions that presented hazards to miners were not identif~e~ on the workplace exams. Citations were issued for the company using improper mining metnods and/or scaling procedures. Miners were subject to a crushing 'fatal injury should a person be suqject to a wall failure or loose material falling from the high wall. There were no records showing the company performed any ground testing in the quarry to assure stability of the high wall.

See Continuation Form (MSHA Form 7000-38)

0

9. Violation

B. Section
of Act

56.3401

Nol.iqfihoodO
B. lnjuty or illnea could rea· sonably be axpacted to be:

0
0

HJghly Likely

0

Occuned

0
Fatal

No Lost Workdays 0
Yes~

Lost Workdays Or RIISIIicled 0~

Permanently Disabling

0

[it!

C. Significant and Subetantiat

NoD
B. low

., 0. NumberofPersonaAifeclecl:

001

11. Negligence (Cheek one)

A. None

0

0

c. Modarale 0
E. Cilationf Older Number

0. High

!i2l
Order 0

E. Redd- Oi&nlganl-

0
Mo Oa Yr

12. Type of Ac:llon
14. Initial Action

104a
B. Order

13. Type of iuuanca.(Cheek one)

Citation

[it!

Safeguanl

0

Willian Notlca [j

A. Cifatfon

0

0

C. S8faguald

0

0 . Wrll!lln Nollca

0

F. Dated

15. Area or ~ulpmant

1e: Termination DUit
17. Action tD Termlnats

I

A. Data

(b) (6)

Mo Pa Yr

I

B. Tune (24 Hr. Clock)

(b) (6)

18. TerminallldiA. ......_

.

ua..,

MoDa Yr

I

B. l1me (24 Hr, Clock

(b) (6) (b) (6) (b) (6)

United States Department of Labor Mine Safety and Health Administration Office of Accountability District I MNM Northeastern . Field Office Wyomissing North

I

Mine ID

LJIII (b)
(6)

Mine Citation/Order

u.s. ~partrnent of Labor
• 1

Mine Safety and Health Administration

(b) (6) (b) (6)
ts~

3. Citation/ . Order Number

(b) (6)

(b) (6)

(b) (6)

(Contraclol)

\ionamon or ,..,~

Sa. Written Notice (103g)

D

Hand railing was not provided at both ends of the tarping rack on one side. The West end had a . fall possibility of 6' and East end had a fall possibility of 7'. The rack is used daily by truck drivers . Miners were subject fall injury resulting in bruises, contusions and. or broken bones. An extended termination was given for the operator to design and fabricate a working solution.

~ Continuation Form (MSHA Fonn 7000-3a)

0

B. Section of Ad

c. PartiSec:tfon of
Tltle30CFR

I
I i
i

56.11002

No Llkellltooel

0

Unlikely

0

Reaonably Ukely

Iii!!

Highly Ukely

0

Occumld

0.
Faial' 0

No Lost Worlcdaya

0

Lost Workdays Or Restrictad Duty ~

Pemianenlly DisabRng

0

NoD
11. Negligence (clieck one)
A. None

0. Number of Pelsons Atr8ct8d:

001

0

B. Low.

0

C. Moderate

0

D. Higl! ~ .

E. Reckless Di&r8ganl
Safeguard 0

0
Mo Oa Yr

I
t

I

I

I

12. Type of Action
14. Initial Action A. Cllatlon 0

104a
B. Ord8r

13. Type of Issuance (check one) · Citation ~

Order 0

Wrftlen Notice 0

0

C. Safeguard

0

0. Wrillen Nolic!l

0

E. Citation/ . Order Number

F. Datad

15. Area or Equipment

16.TenninatioROua.
17. Action to Tiltminate

~~T.m~~

jA.Oate-Yr (b) (6)

(6) ----~----------------------~------~--------------------~
je.TJme(24Hr.Ciock)

- (b)

I

MOOa Yr

I Ti~
B.

(24 Hr. Clock

(b) (6) (b) (6) (b) (6)

I
J

I

i

I

I

I

!

I

i

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

l

MNM Northeastern

Field Office

Wyomissing North

I Mine ID

(b) (6)

Mine Citation/Order
Seclon 1-Voolation llala

Deoartment of Labor Mine safety and Health AdminiStration
U.S.
3. Citation/ Order Number

1. Date

(b) (6) (b) (6)

(b) (6)

(b) (6)

8. Co Ilion or Practice

In MCC Room #2 there was a 3/4" opening in the bottom of the Westinghouse LP electrical panel. The bottom. opening was 1 3/4" away from . the er1ergized electrical connections, Miners were subject to an electrocution hazard. The opening was 48" to ground level and was hard to recognize due to its location.

B. Sacllon of Ad.

c. Palt/Seclion of
Title 30CFR

56.12041 .

No Likelihood

0

No Lost Workdays
C. S~andS~

Rauonably Likely 0 · Unlikely ~ Lost Workdays Or Restrfcled Duty 0 0

Highly Ukaly

0

OCCIImld

0
Fatal ~

YesO
A. Nona

I

Permane~ O!sabUng

0

D. Number ol Penlona Affected:
E. Recklels Disregard

001

11. Neglgence (ell~ one)

0

B. Low

0

C.Mod.me

!ill

D. ~igh

0
Order 0

0
Mo Oa Yr

12. 1)pe of Act/Qn
14. Initial ACtion A. CltaUon · 0

104a
.
B. Order

13. Type of ISIIIIance (c:lledl one)

Cllatlon ~

Safeguard

0

Written Nolic:e 0

0

C. Safagt~ard

0

D. Wrlllen Notice

0

E. Citallonl Older Number

F. Dated

15. Area or Equipn:l8nt

16.TermlnattonOue

lA.

Date(b) (6)

Yr

Is.

Tirne(24 Hr•.Ciock)

(b) (6)

.,

secaon 11-Tennlllllllon kiiOII
17. Ac:llolitoTIIRIIInate.

A plug . was installed in the opening, - terminating the citation.
(b) (6)

(b) (6)

(b) (6) (b ) (6)

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing North

I Mine ID

(b) (6) ~

Mine Citation/Order

U.S. Department of Labor

Mine Safety and Health Administration

(b) (6) (b) (6)
-· --··-·-·.. .. . ...

(b) (6) (b) (6)
(contractor)

Ba.Wrill.enNotica(1§l

0

In MCC Room #2 there wa~ an unlabeled 225 amp breaker in the 480 volt electrical panel, that was in the on position. Employees working in the area were exposed to an electrocution hazard by not being able to identify which circuit breaker to lock out to work on equipment or deactivate in case of an emergency

See Conllnuatlan Farm (MSHA Form 700Q.3a)

0

B. Section of AD.

C. PartiSection of
Title30CFR

56.12018

No Likelihood

0

Unlikely

0

Highly Likely

0

Oc:cunacl

0
Fatal

C. Significant and Subalantfal:

Yes~

NoD
B.t.ow 0 c. Moderate.

I
.a
0 . High

Permanently Diaabllng

0

li2J

D. Number of Perso1111 A1rected:
E. Rec:kleal Di8Nganl
satilguanl

001

11. Negligence (check 0111)
12. Type of Action
14. Initial Action

A. None

0

li2J
Order 0

104a
B. Older

13. Type of lssuanoe (check one)

Citation ~

0

0 Wrillllft Nolioe 0
MoDa Yr

A. Citation

0

0

C. SafaguaRI

0

0 . Written Notice

0

E. Cllallonl

F. Datecl

Older Number

15. Atee or Equipment

18. Termination Due

I

A. Data

_v.
(b) (6) (b) (6)

Seation JII...TennfnallaiiAcllon

17.AcllontoTennlnate

The breaker was identified and labelled, terminating the
(b) (6)

citation.

I
I

(b) (6)
eAibbhed a NIIICnal Sm
enflnemlnllldlanl.

(b) (6)
.
llusinlta
OI"IIIIUdllnlan~IN8iualee~ICMioaancll8tlleiNICIIIIIJIIIICY'I ~ tolllllll ~ r,ouwillhtoClQIIIIII8ftton the ~u may cai1·818-REG-FAIR (1-&llt-734-3247), orwrile tli8 Ombudlman at &mala..- AdmtUiratfon. omce ttl tile NatiOnal Omlludematr,

l

onn 700Q..3, AflrOB

n

In ~ w111t the prowllloPS of the Small Bulinell RQgii!IIOiy Entblcement ...,_Ad

Smallllualr*l A4mlnlllratlon ha Ag(fQlQure Regulllr:wy 0m11ui1m1n and 10 Region8l F...,_ 11011111111 raceMI-nems from lllllllllull- allout fldallllllftCY

enfOIC8I!Ienl 8CIIC!1a 4013nl stM1, fNI MC 21 , Walhlngton, DC 204111. Please note, however, 1hat l/IU ril# kl tile a comment wtlh lh8 Ombudlman II In aGIIHIOn 111 any Dlhllr rlgldll,.,., may hive, Including lite rfght 1D =-t and PlllPCMCI pen8ltill and Olllaln a healing bllfonllhlt Fednl Mine 8aiiiV ancl Healll Review Cclmmillicll.

I
,J,J

I I I
I
I

United States Deparbnent of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing North

Mine ID

(b) (6) ~

Mine Citation/Order

U.S.Depa~entoflabor

Mine Safety. and Health Administration

(b) (6) (b) (6) (b) (6)

(b) (6)

:Contrac:tm)
o. vonawon or~

-.-..-.. -.ac11§ I 1 In MCC Room #3 there was an unlabeled 400 amp breaker in the 480 ·volt electrical panel, that was in the on position. Employees working in the area were exposed to an electrocution hazard by not being able to identify which circuit breaker to lock out to work on equipment or deactivate in case of an emergency.

See Continuation Falin~ Fcnn 7Q00.3a)

0

. ofAct

e. Section

C. Part/Sedlon of
TIIIJ30CFR

56.12018

No U!elihood

0

Unllkely

0'

Highly Ukely

0

Occurred

0
Fatalli2)

No Lost WOikdaya

0 0

Lolli WOikdaya Or Res1rielad Duty

D
li2J

Permenentty Disabling

0

C. Significant and Substantial:

Yes

li2l

NoD
B. La.¥

11. Negligence (ehedl one)

A. None

0

c. ModendB EJ
0
E. Citalionl Order Number

0. High

E. Reckles8 0181agaft1

0
Mo Da Yr

12. Type of Action
14. Initial Action
A. Cilallon

104a
B. Order

13. Type of latullnce (check one)

0

0

C. ~uard

0

F. Dallld

0. Wrillen Notice

15. Area or Equipment

16. Tenninatlon Due

I

A. Data - ·

(b) (6)

17.AelloniDTermlnate

The breaker was identi:!=ied and labelled, term.i,nating the
(b) (6) (b) (6)

citation.

(b) (6)

(b) (6)

.JU

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing North

I Mine ID

(b) (6) ( b ) ( 6 )

J
j

Mine Citation/Order

--8. ConditiOn or Practice

=1 . D··~ (b) (6)

(b) (6)

Data

I·

. .

(b) (6) r----===F==~~~3 · ~~N~~~==

-------+.:!•
(b) (6)
-

(COntrac:tol)

8a Wlilllln Noti<:ll (103g)

D

In MCC Room #3 there was a 1" opening ·in the bottom of the wire way. The botto~ opening was 1/2" away from the- energized electrical connections. Miners were subject to an electrocution hazard. The opening was 48" to .ground level. This was the fourth citation. issued for knock out plugs during this inspection.

I
10. Gravity.

C. Part/SecliOn of Trtle30CFR

SU2018

A. lnjwy or lllneu (hat) (is):

No LikeUhood

0

Unlikely ~

Reasonably Likely

0 0

tf19hly Ukely · 0
Pannanently Dilabllng

Occurred

0
Fatal ~

No l.olt WOikdaya
C. Significant and Substantial:
11. NegJIC!ence (dleck one) 12. Type ot Action 14. Initial Action

0

l.o8t Wcmdaya Or Re&tricled Duty

0

A.

Yes
None

0

No~ a. ~o
C. Modenll8

D. Number of PelliOna Afraclad:

001
Wrillln NQIIc:e 0
MoDa Yr

0 O

iJ

D.High ~

104a
C. Safllguard

13. Type of Issuance (chack one)

Citation li!)

Order 0

SafagUIIRI 0

A.

Citation

0 · B. Order 0

D. Writllln Notice

O

E. Citatlonl Order Number

F. Dated

15. Area or Equipment

(b ) ~I~T~~ ~---~---------------~~-----~~---~----------------------------------(6) 17:AcllontoTermlnate .A pl\-}g was installed in the opening, terminating the citation.
16.Termilla1lon.Due

(b) (6) lA.~-

IB-~e(24Hr. Ciock)

·I

(b) (6)

B. Time (24 Hr. Cloclc·

(b) (6)

(b) (6)

(b) (6) (b) (6)

..JI

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing North

I Mine ID

(b) (6)

Mine C11allonl0rder

U.S. DeDartmant of Labor Mine Safety and Health .Administration

(b) (6)
4.

(b) (6) (b) (6)

•

(b) (6)

~

The hand rails on the elevated platform at the area under the standard feed conveyor was missing, exposing .mlners to a fall hazard. The open~ng was 4 feet on one side and 16 feet on another side and the drop off to the ground was 40". The area is travelled daily for miners to perform routine inspections. Miners were subject to a fall injury, The area was taped off with caution tape to warn miners of the hazard and a longer termination time given due to the warning.

9. Violation

~=a 1 ot!wrO .
No Likelihood

I
0
Unlkely

c. Tltle30CFR af Part/Sec:liOI'I
Raeonallly Lie~

56.11001

10.Gravity: ~ Injury orlllnela (has) (II):

0

fi!l
li!J

Highly Likely

0

Oc:cunacl

0
Fatal

B. InJury or lllnell could-

IIOnab!ybe!!p!dl!dlobe:
~

No Lolt Workdays
Y•

C. Slgnillc:lnt and Subllanllll: 11. Nqllgenc:e (clleck one)

0 1i!J . No 0
B. Low

Loat wodaiay. Or Rellriclad ~

I

Permanently Dlubllng

0

0

D. Number af Penlonl Aftilcact
. E. Recldeu Oilnlgald

00 J

None

0

0

c. IIIOderlle 0

D. High (i!J

0
MoDI Yr

12. Type af Aclioft
14. 1111181 Action ~ Cllatlon 0

1048
B. Older

13. Type olllluancl (checlk

->
F.Dallld

0

C. SaflguaRI

0

D. Wrllllln Nollcl

0

.£. Cltdonl

Onl8r Number

15. Anla Ot Equipment .

1&. Tenmnatioa Due

(b) ~~Date-~ . ..~l_a_n_II'IIIJ_(24_H_r._Cioc:k) ________..._______________ (b) (6) (6)

s.:tiCID II-TllllllniiiOn Aallllll

17. Action to Termlnalll

(b) (6)

(b) (6)

(b) (6)

I1LLG.\...LI.I.L&ta;.I.U. U

..JO

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing North

J

(b) Mine ID [ (6)

J

Mine Citation/Order

(b) (6) (b) (6)
11.

12. Time (24Hr. ~

In Mcq Room il there were (2) 1/2" openings in the bottom of the wire w~y. The bottom openings were 1/2" away from the energized electrical connections. Miners were subject to an electrocution hazar

,_t24_Hr_._C_Iock_l _____

·(b) (6) ~

1·=-- -

"· 1;0ncnuon o r - -

88. Wtlllilll Notice (103jjl [ ] There was a 1" gap between the cover plates where they where attached at the bottom of the wire tray and the plates were not secure. The plates were located 50" from the floor and were not secure the trough .measured 13' in length by 10" in height. The bottom wire trays which were · located 1 1/2' from the floor had unsecured cover plate also. The trough was 8' in length by 6" and the plate was not fastened correctly~ The some of the wires in the tray contained 480 volts which was energized. Miners were subject to an electrocution hazard.

I
10. Gnlvlty: A.lnjwyorllrr-(hal)(ls):
No~

c. Tftle30CFR of PaltiSection

.56.12032

0
D.
Lost Wodcdays Or Restrlc:llld Duty

B. ln)UIY or,,_ could ru!ONII!!y be 8lQ!!CI!c! to be:
C. Slgnlllcant and Subetantilt
11. Negllglnc:e (dlec:k - ) 12. Type ot Al:lkln

No Loet Workd~Vt Yes ~ No

0

0

I

D. Number of PeiiiCrll Alrectlld:

001

A. None

0

a. Low
0

ra

c.~o

I04a

14. Initial Acllon . A. Clllllon 0 8. Older
15. Ala or Equlpmllllt

0

C. Sal'eguanl

D. Wrillllln Nollcl

0

E. Cltallonl Older Number

F. ODd

Mo Da Yr

~--T~~
17.AcllontoTM!IIInata

18. Temllnatlon OU.

lA. Date

The cover
(b) (6)

111111111~----------------------------~------------------..-------------plat~s

(b) (6)

Mo 0. Yr

j B. Tlme(24 Hr. Cloclc)

-(b)

(6)

were secured, terminating the citation.
(b) (6)

(b) (6)

(b) (6) (b) (6)

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing North

(b) (6) I Mine ID ~

J

Mine Citation/Order

U~S. DeDartment of Labor Mine Safety and Health AdministratiOn

(b) (6)

-

-1.Da1a

(b) (6)

'-

(b) (6) (b) (6)

4. StrMTo

·-y-o ~~~
10. Gravlly.

I
No UkillllloOd

c. Tille 30 CfR ol. f'llrtiSectlol!
Reaanably L.lkllly

S6.12oo4 . ·

A. Injury or tan-

(!Ia) f•):

0

lJnlbly ~

0 0
lit!
E. Racldeea Dlsregald

B. Injury or BIMD COUld re• sonal!ly IIU!C!!!C!!CI to be:

No Lolt

w_,....,_ 0 --7•
·
B. Low

LOll Wodcdaya Or Reatrlc:l8cl Duty

11. Negllg811C11 (check one)
12. Type of Acllon .
14. Initial Acllon
A. Citation

A. None 0
0

0

c. Modelllllt tl
E. Citatlonf Order Number

D. High

0
MoDa Yr

104a
C. Safeguald

13. TypeoiJautnoe(dllckone)

0

B. Order

0 .D. Writllln Nolloe 0

F. Da1iec1

15. Ala or Equipment

(b) (6) ~16~.~T~--~~Qe--~,-A.-Da-.~--~~~~~~---~:---ne-~--~-.-~----~lllll--~--------------------------(b) (6)
17. Adlon to Tnnlrl*

18.

TermlniiAicll- A. ....,.. uo Da ....
(b) (6)

Yr

I

~TUM (24 Hr.-ctack

I
.

(b) (6) (b) (6)

.c1LLA'"'.Lu.&.&~.L1L

U

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing North

I Mine ID

(b) (6) ~

J

Mine Citation/Order

u.s. Delwtment of Labor Mine Sa!!ty and Health Administration
(b) (6) (b) (6)

(b) (6) (b) (6)
II. \;OftiiiiiOR Of t1alliiCII

•
0

The roadway to the second mill area under the 1 1/2" conveyor belt was not protected from falling rocks. Rocks ranging in size from 1 - 4 " were falling from the belt on start up and when the belt was almost empty •. The rocks were falling from a height ranging from 16- 22'. Miners were subject to contusions, cuts and/or broken bones. The termination time was extended to allow for the operator to fabricate material.

I
10. Gravity. A. lnjuty or 11nee1 (MI) (It):

See Contkluallon Form (MSHA Form 700CI-3a)

c. Tltlll 30 CFR of PaltiSection

56.14110

No IJielihood

0

~0

i
C. Slgnlllcant and Subetantill: y 118 litj

l

i

No . 0

B. Lew
12. Type of Adlan

0 0
E. Cltallanl
Ontet Number

D. High

lit!

E. ReGidela Dlingeld

0
MoDa Yr

I
I

104a
B. Order

13. TrPe of,__ (cilllc:k ane)

14. Initial Action A. Cllatlon 0

0

C. 8afeguanl

0

F. Dated

D. Wrlltan Nollce

t5. Al8a or Equlpmant

(b) (6)

MoDa Yr

I I I I I I
I
I

I

1 Time (24 Hr. Clock a.
(b) (6) (b ) (6 )

(b) (6)

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing North

J

(b) (6) Mine ID ~

(Shaded areas indicate apparent discrepancies between narrative, notes, and evaluation)

MineiD (b) (6)

Two employees were observed in the shop, on a component was not to prevent (6) accidental lowering of that component. The two employees were welding on a steel plate that was 2 inches in diameter, 24 inches wide, and 64 1/2 inches in length. The metal plate was located on the lifting forks of a Komatsu FG25-8 forklift ( serial#137849 ) raised 4 feet off of ground level. The Komatsu forklift was not provided with load locking devices. Both feet of both employees were underneath the unsecured plate of steel at the time of the inspection. The steel plate weighed approximately 890 pounds in standard calculations of 81 pounds/square foot per 2 inch diameter steel. The two employees were exposed to a crushing injury shall the forklift be accidentally lowered and/or

(b)

(b) (6)

(b) (6)

(b) (6)

(b) (6)

The citation and order writing handbook states that "Provide a detailed description ofthe condition(s) or practice(s) which causes and constitutes a violation or an imminent danger". The condition or practice does not meet the criteria. It does not address location, exam conducted or not, how long this condition existed, negligence, exposure, foot or vehicle traffic, etc. The citation/order should contain a detailed explanation ofthe hazard and condition cited.

.I

i I

(b) (6)

(b) (6)

(b) (6)

VVhat was the material, was it consolidated or unconsolidated, degree exposure, how long has this condition been permitted to exist, was this condition reported, who conducted the examination or was one conducted, was this a repeat violation, negligence of the operator, etc.

of citation &

(b) (6)

(b) (6)

(b) (6)

This citation is very vague. Does not identify the degree of exposure, was this vehicle in operation, how long has this condition been permitted to exist, was a pre-cperation exam conducted and what were those results, location of the vehicle, etc.

Attachment C

66

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing North

(b) (6) I Mine 10 ~

J
No. Affected
N~

MineiD

Violation

Issued

r-""') (b)

104a 56.20001 N Unlikely Perm 1 Mod 1ne (6) walKWay between tne Noraoerg 7 foot cone crushers was not kept clean and orderly. There was a material (6) build up of approximately 3 feet high, 6 feet long and 6 feet wide in the travel way. This exposes person to tripping, falling and/or other injury

Ill Ill (b) (6)

.. (b) .

I

Type

30CFR

S&S

Likely

Injury

Was there a workplace exam completed, what was it reported, how long has this condition existed, how often traveled (exposure), has anyone traveled over this area, negligence of the operator.

Mine ID -::(b) (6)

Violation (b)

I Issued

TyQ_e 104a

30 CFR 56.14132(a)

S&S
Y

Likely RL

Injury Lost Day§

or other audible warning devices provided on self-propelled mobile equipment as a safety feature shall be maintained in functional condition. This is required to warn persons in case of an emergency. There were other loaders operating in the area, customer trucks and 2 miners were observed afoot. The hom was reported to the operator on a pre-shift examination the previous day. Serious injury could result if an accidental collision occurred with other equipment and/or foot traffic. How was this determined to be lost days. States that there was foot traffic - ff struck by FEL the resulting injury Is Lost days? No. Injury Affected Neg Lost (b) - (b) 2(6) 104a 56.14103(b) N Unlikely Days 1 (b) High The front window on the Ca,... ""'.......... J excavator had multiple cracks which obscured the vision of the operator to operate the (6) (6) machine safely. The machine not being operated at time of inspection and normally operates daily moving material in one area. The miner was subject to a run into type hazard with his vision impaired. The broken window was noted on pre-trip exams for a week. Mine ID Violation Issued Type 30CFR

~ually(6) operated hom (6) to operate on the Caterpillar 9888 front end loader #L15 when tested. Manually operated horns tallea

~(b)

Aff~~ted I Neg
1 High

I

-(6)

S&S

Likely

What was the exposure was there vehicle traffic/foot traffic, injury is questionable, how did the inspector evaluate as unlikely, ,
No. Affected 1

MineiD - (b)

Violation

Issued

Type

30CFR

S&S

Likely Unlikely

(6)

(b) ·· ~ ~ · 104~ 56.14101(a)(~l N (b) _ r1_
104a

A.~O

8. Low

0

C.Modlnlll. fii'j

D. High

0

0
Mo Dll Yr

12. Type or ActiOn

14. 11111111 Adlon

A. Clatlon 0

B. CRier

0

C. s.t.QuaRI

0

D. Wrtalft Notice

0

E. Clllllolll Oldlr Numblr

F.Datlll

15. Ar.. or Equipment

11. Termfnlllon Due
17. Adlan 10 Tell'llllllll

'A. DID • (b) (6)

Seclon Ul-TIIIIIIMIIGn Milan

11. T~~A........ • ....,.

MoO. Yr

I

B. Time (24.1T. Cloc:lc

~

(b) (6) ~

EOt

(b) (6) l2o.E¥tnt_NUI'IIIIer _ _ _ _ _ _ __.. . I.21_._Primlll'-...:.;_"'_ID_ __..I-r::~~=~ __ .
,23. ARNIIIIW -

(b) (6)

Attachment B

31

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing South

I Mine ID

(b) (6)
-

J
(b) (6)

Mlne Cltallon/Orcler

U.S. Department of Labor Mine Saf!ty and Health Administration

(b) (6) (b) (6) (b) (6)

•
(ConhciDI)

.

11a. 'Millin NOIIoe <103il

[J

The bottom part of the tailpulley guard of the conveyor to tne bin was not in place. The section not in place.was hanging -down approximately one foot, exposing access to the tailpulley. Employees working or traveling this area were exposed to the possibility of injury, if they were to accidentally contact the moving machine parts. The portable plant is normally operated by two employees.

B. Secllon
ofAf:j

C. P8ltiSec:llon of Tiiii30CFR

56.14112&1

No UMIRIOod

0

Oc=cunM

0
Fatal

B. Low
, 2. -rype of Acllon
14. lnllll Al:tlon
A. Cllation

0

104&
8. OtW

13. Type

of-0

I
D. ._h
(c:Mc:k 0111)

0

D. N....._ of l'wlona Alfecl8cl:
E.~ DIIN;&ftl

001

0

0
MoDI Yr

0

0

C. Siflglllllll

0

D. WI!Din NOIIce

E. CltiiiDnl Order Numlllr

F. c.lld

14. AIM or l!qulpmeat

~U~T~~ --1111111--~------~-----17. Ac:11on 1D Terinlnalll

18.T.nnlnllllnDul

(b) (6) 'A.~' ,B.TIIMQAHr.~

-

(b) (6)

I ~--------------------~-------

(b) (6) (b) (6) (b) (6)

Attachment B

32

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

(b) (6)

I MNM Northeastern

Field Office

Wyomissing South

Mine ID

Date~

(b) (6)

Mine Citation/Order

(b) (6) (b) (6) (b) (6)

The rotating headpulley shaft for the conveyor that feeds the shaker screen was not· guarded to prevent contact. The unguarded portion measured at· 2 l/2 inches of exposed shaft and was easily within reach of the travelway. Employees working or traveling this area were exposed to the possibility of entanglement injuries . should they accidentally contact the unguarded mov~g machine parts. The portable plant is normally operated by two employees.

•• Vloladon

§iCik;I1U,......~

I

A HMIIII 0

I

C. Pl!tiSection of Trlle3QCFR

S6.14107a

14. Initial Acllan A. Cllllo(l 0

B. Ollllt

0

C. s.flouMI

0

D. Wr!llln Natlce

0

E. Cltalfonl

F. o.tlld

MoDI Yr

Order Nllmllw

15. AIUor~

18. Ttnnlnlllioll Due

lA

' - ' 111-,...,.....,AI:IIOII

Dla(b) (6)
MDDI Yr

17. Action 1D Telllllrla

11.

TermlnMidl• A........ -(b) (6)

I

B. Tillie~ Hr.. Cloclc

(b) (6)

(b) (6)

Attachment B

33

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing South

I Mine ID (b) (6) -

Mine Citation/Order .

DeDaJtment ot Labor Mine Safety and Health Admlnlltration

u.a.

(b) (6)

(b) (6)

(b) (6) (b) (6)
(Conlrlclol)

e.~ or,.,._

ea. Wrllten NO& (103i) I I

LOcated in the Tool/MCC trailer were two (l) 11 ounce spray cans of highly flammable •tarting fluid stored 6 l/2 feet (measured) .from an oxygen/acetylene burning outfit. Employees working or traveling in this area were exposed to the possibility of injury from fire, ~losion, and/or projectile hazards. The Tool/MCC trailer is accessed for tools, parts, and lockout procedures. The portable plant is normally operated by two employees.

I
10.Grmly: A. ~ury or Jan.. (liD) (II):
No UJceuluaod

c. nle30CFR ~ PutiSec::tlDn

S. coniiUIIGn Form !UiHA Fann 700Ne)

0

56.4601

0
0

Unlllrely

lit!

No l.olt 'NalllllaYI

v..

o
D. High

I
o
E. Cllllfonl
0n11r Num~~w

D. Numlllr ot ~ Alllclld:
E. RacldiM DlaNganl

001

A. Nolle 0
14."1nlllal AcdDn A. Clllllorl 0

0.

0
MoDe Yr

a 0n11r 0 . c. s.c.o-cs 0

F. Dll8d

D. w..-~

15. AIM Of Equllln*lt

11. T~l'lnlndln DIM

lA. ~ (b) (6)

1

Sec:llan 111-TennNIIDII AIIIDn 17. AcdDn ID T811111na

(b) (6) _a_nme ~ ~_.c_~----~~~~~~~~~~----------------------------.._ . _____

(b) (6) (b) (6) (b) (6)

Attachment B

34

United States Deparbnent of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing South

Mine ID

(b) (6)

Mine Cil8tion/Order

u.s. DeDirtment of Labor

Mine Safety and Health Administration

(b) (6) (b) (6) 'i
1

(b) (6) (b) (6)
(COnlrKCol)

'i. --------- -- . --

... ~ Holloe (t!!3p) IJ

A large 480 volt power cable located at the 1650 crusher framework structure had the outer jacket separated where it enters a tube that carries it to the opposite aide of the crusher. This exposes the inner conductors to weather and · mechanical damage from the. excessive vibration caused by the crusher operating. Employees working or traveling this area were exposed to the possibility of "injury from shock, burn, or electrocution ba~ards. 1he portable plant is normally operated by two employees.

Ic.
10. Gla¥ttr. A. Injury or 1ar.. (ha) (II): No lbllhood B. 11$11y or liii*l could,.._ .-illy ... !!!p!C!I!!Iolle:

Tltle30CFR

PlrU8ecllon 111

56.12004

0
HoD

Ocaunwd

0

11.~(clledl-)

A..._O

B.LNO

c. lolodiiD lit!
0
E. Cbllonl
Order NumOw

D. High

0

e. RD~aa DUgan~ 0
F.o.id
MoDe Yr

12. Type of Adlon
14. Initial Action

104a
8. Order

13. TyJ11111'--(clledl-)

A. Clllllon 0

0

C•.5.r.guanj 0

D. Wrtlln Nolloe

1S• .Aruor~

lA. 0811~~~~~ (b) (6) ~w-T~~
11. Termlndon 1M

~----------------~~~~-----------------------------

Ia.

Tknl (24 Hr. Cloc:k)

-

(b) (6)

I

17. Actlonlo T~

(b) (6) (b) (6) (b) (6)

Attachment B

35

United States Department of Labor Mine Safety and Health AdnUnistration Of~ce of Accountability District

I MNM Northeastern

Field Office

Wyomissing South

I Mine ID ~

(b) (6)

Date~

(b) (6)

J

Mine CltationfOrder

u.s. DeDUtment of Labor Mine Safety and Health Administration
(b) (6) (b) (6)

(b) (6)

A 480 volt power cable located at the 1650 crUsher framework structure had the outer jacket cut in several places. This exposes the inner con~uctora to weather and mechanical damage frOm excessive vibration caused by the crusher operating. The cable was followed to a junction box with two buttons, one labeled up and the other labeled down. Employees working or traveling this area were exposed to the possibility o~ injury from shock, burn,· or electrocution hazards. The portable plant is normally operated by two. employees.

··~----·-··-

,C.~ot
T111130 CI'R

56.12004

I
12. Type of Acllon 14. , . , Adlon A. CltliiiDn 0

D. Number of"-"' Allllclld:

001

104&
B. Onler

0

C:. ....,...

0

D. Wrtllitn NotiOI

0

E. Clalionl OIW Nl.lllber

F.Datld

MoDa Yr

15. AIM or Equlpmenl

1t.TIImNIIDnDue
17. AC11on ID TellllkiiU

~A.~r (b) (6)

~-- •(24,...CIDdl)

- (b)

(6)

lecllaniii-T.-AIIIan

(b) (6) (b) (6)

(b) (6)

Attachment B

36

United States Deparbnent of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing South

I Mine ID ~ J

(b) (6)

Date

c•••
(b) (6)

Mine Citation/Order

UA.~~of~r

-~-.......-.,.,._,..,_:::-_-_-:::,,.,...,.,..u•..., .. ..........
(b) (6)

-~01111

(b) (6) ,_,..,..,---=f--.,... _______,..,.3.""'g""":"'~Numbet~6. (b) (6)
7.

Mine Safety and Health Administration

•
(ConhcCDI)

0 The #1 mill aug~r screw driv~ located in the #l elevator pit was not provided with a guard on the back side. The drive V-belts and pulleys were open to contact. The ·opening in the back side was measured at 65 inches from the ground level. The auger screw speed reducer keyed shaft was measured at 69 1/2 inches from the ground an4 was also open to contact. The #l elevator pit is not a regular travelway. This area is accessed for clean-up and maintenance. This condition exposes miners to entanglement injuries from accidental contact.
II.~ Q' M 8a. Vlftitlen Naaoe (103p}

I
1D. Gmtly: A.lnjllly or JllnMI 0.) (Ia):

c."na.30CFR of PwtiSicllon

56.14107&

No Ur.llillaod

0

8. ,.,.., or.,_ oouldIOIIIII!y be Ufl!a.d to lie:
11-~(c:lledc-)

I
A. None

D. Number of"-'- AllllciM:

001

0 0

B. Low

0
0
E. CilaliDnl Older Numtlet

0. ~

0

E. . . . . . . DillwgMI

0
MoDI Vr

104a
14. lnllill AOtion
A. Cll8lioll

0

8. Oltllr

0

F. Deled

C. SdlguMI

0. WliiiWl Nob

18. TennlniiiDnO.

,_,lli'-Ttm*llllanAclon

(b) (6) l"- ~1--'l_a._TIIM_{z.._Hr_.'cloctl-~---1-"-'----------· (b) (6) ~

17. Ac11on to Telll'llnla

::.iili' I"-~ ------'2-1._Prmlly_ "-~-Mii
(b) (6) (b) (6)

_ _... '

I23_._AR_NwnW __

~-(b) (6)

Attachment B

37

United States Department of Labor Mine Safety and Health Administration Office of Accountability District MNM Northeastern Field Office Wyomissing South

I Mine ID

(b) (6)

~

Mine Citation/Order

u.s. Deoartment of Labor Mine Safety and Health Administration

(b) (6)

~-

~ (2.TIIII~Q4Hr-.Ciock-l----+.:~~ (b) (6)
(b) (6)

1·=-•
(b) (6)

Grease and air hoses were found laying across the walkway and steps going to . the il mill. ·The grease hose was extended across the walkway and left lying on the platform of the #8 mill. · This condition exposes miners to slip/trip/fall hazards. The Upper Plant mill building is accessible and a mill operator is in the area when the mills are operating.

==--n
Filii

• .

I
10. Gtlvlly. A. Injury or II~ (tla) (il): No 1.11811100CI

c. TM!e30CFR of PMr'Sdon
"-onably Ur8ly

56.20003a

0

Unlikely

I . i¥1Y or Ulnlla 0011111 IM-

!O!'*t lie !!!!l!CI!d lillie:

No lolt WDitr.Uya 0
A..._

lit! Loll WD~ Or Rtllrlclild Duty lit!
0
D. Hlgll

Highly UUiy

0

I

0

D. Numller of,.._ A«tceed:

001

0 .

B. Law

0

0

!;. RailA Dlulgii'CI

0
Uo Da Yr

14. lnllill Adlon A. Cbllon 0

a 0n11r o c. Sdlguii'CI o

D. Wllln Nollca

o

e. Clition/

·F. Dad

0n11r N~DDDer

15. ArJI or Equipment

1e..TIIIIIInallan 0u1
17.AdlallliiiTHIIinlte

I

A. Dlta -(b)

(6)

~ 1. nne !24 Hr. Clcic:k)

(b) (6) -~

s-. lll-Ttm*llllln Acllan

The hoses have been removed from the walkways. -

(b) (6) (b) (6) (b) (6)

(b) (6)

(b) (6)

Attachment B

38

United States Deparbnent of Labor Mine Safety and Health Administration Office of Accountability District

I MNM Northeastern

Field Office

Wyomissing South

I Mine ID

(b) (6) ~

MlneC~ .

U.S. Department of Labor Mine. Safety and Heallh Administration

(b) (6) (b) (6)

(b) (6) (b) (6)

•

The entire upper Plant mill building was not being kept clean and orderly. Housekeeping was not being maintained on the walkway alongside the #8.mill- an4 the area in front of the Nesco/#8 lime pump room access doors. The spillage was approximately 1 foot deep and 6 feet across, in front of the doors. The spilled material consisted of loose fine gravel and dust. The entire mill building had spillage on several floors and is being included in this citation. This condition exposes miners to slip/trip/fall hazards related to working and/or traveling these areas. A mill operator is in the area when the mills are running. ·

I
10.~

c. Tille ,., a:R of PaltiSectlon
Ralonalllylbly

S6.20003a

A.

.,.,ry

Cll' ~ (1181) (II):

No l..blfllood .0

.

Un~

lit!.

0

LAIIWori!Uyl Or~~ fit)

No

lit!
0 .
C.Moclal8

11. Nlgllglnal (chick->

A..None

0 0

B. l..ft

fit!

0. Hillfl

0

E.~ CIIIIQMI

0
MoDe Yr

12. Type of Action
14. tnMial Adioll . A. CitiiiiDn 0

104&
8, ORIIr

0

C. ~MI

D. Wrftlln NatiCI

0

E. Clldonl OnMr Nwnblr

F. Oatlld

15. Alu or Equipment

,..
17. Actioft 1D Termilllee

(b) (6)

8. Time (24 Hr. Clodc)

(b) (6)

(b) (6) (b) (6)

(b) (6)

Attachment B

39

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

(b) (6)

I

MNM Northeastern

Field Office

Wyomissing South

Mine ID

~
(b) (6)

Mine Citdon/Order

U.S. DeDUtment of Labor Mine Safety and Healltl Administration

(b) (6) (b) (6)

(b) (6)

·.me ~to ............ -------- ~ · was not provided-with a lighting system. The pit did not have.sufficient illumination to provide safe working conditions. The pit . c~ntaina stairs, auger screws and the bottom s. ction of the lime elevator. e This condition creates a slip/trip/fall hazard to miners that enter the elevator pit. A mill operator is present in the area when the mills are running.

56.17001
10. Gmtly.
A.lnjulyorw-(1181)(\a): No~ 0 a. InjUry or.,_ could,... !Oft!b!Y be !X!J!Cf!d tD be: No Lolt WOrk.dlya

Unlikely

li2l

~0

0 li2J

Y•O
A. None
12. Type of Action 1-4. lnlllal Adlan

I
c. Moderllil 0
E. Cltallonl Order Number
D. High

FlllaiO

0. N&.lnller ol p..._ AllilcMII:

oo 1
0
MoO. Yr

0

I. Low

0

E. Aec:ldiA DiMOinl

104&
B. OnW

A. Clllllon

0

0

c. ~

0

0.

w...... Noliol 0

F.OIIId

15. AiuorEqu~

(b) (6)

B. Time (2o4 Hr. Clock)

(b) (6)

(b) (6) (b) (6)

(b) (6)

Attachment B

40

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing South

I Mine lD ~

(b) (6)

Mine Citation/Order

U.S. DeDUtment o.t Labor Mine Safety and Health Administration

(b) (6)

(b) (6)

(b) (6) (b) (6)

•

The #8 mill auger screw drive located in the #8 ~ill elevator pit was not provided with a guard on the back side. The V-belts and pulleys were open to contact. The auger screw speed reducer keyed abaft was also open to contact. The speed reducer pulley and shaft were approximately 5 feet from the floor level. This condition exposes miners to possible entanglement injuries from accident•l contact. The #8 mill elevator pit is not a regularly traveled area. The area is accessed for clean-up and maintenance duties.

B. Secllan
ol~

C. Pertl8eclon ol
Til'- 30CI'R

56.14107&

No L.lwllhoocl

0

Unlbly

0

Hlg~ Uklly

0

Occ:unld

0
001

C. Slgnllcant IIIII $.utlltll1llll:
11. ~~ (CIIedlone)
A. None

NoD
0
B.LGW

I
0
C. M~IIi!J

D. Number ol ~ Alltc:l8d:
E. Aec:ldMI DiiN8MI

D. High

0

0
MoOa Yr

104&
14. Initial Adlon A. Cllllan 0
8. Ordlr

0

C. S8flguanl

0

D. WrMin Nob

0

E. Clldonl

F. Dad

Ordlr Nlmbtlr

15. AIM« Equljlnwd:

(b) (6)

- Time (2' Hr. Cklc:k)

(b) (6)

11. Tllllllnllld (. .......

I r·-.a.
MoOa Yr

T.-(24Hr.Ciock

Secfan ~molld ~D-.

(b) (6) (b) (6)

(b) (6)

Attachment B

41

(b) (6)

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I MNM Northeastern

Field Office

Wyomissing South

I Mine ID(b) . , _ .
(6)

(b) (6)

(b) (b) (6) Date I (6)

••--:J

Mine Citation/Order

(b) (6) (b) (6) (b) (6)

(b) (6)

guard of the #3 on the crushing side of the Upper Plant not seeured in place. The left side section of the guard had been bent down behind the bearing, opening access to the tailpulley drum. The back side expanded metal section had been cut out and replaced by re-attaching the section with pieces of wire on the top side only. An ope~ing was observed below the back side which measured 24 1/2 by 5 1/2 inches. This opening also allowed access to the tailpulley drum. Miners were exposed to possible entanglement injuries while working or traveling this area. The mill operator employee, that also oper:ates the crushing side of the Upper Plant, is in the area when the mills or crushers are running.

S6.14112b
10. Gravily.
A. lnjuly or I~ {liM) (II):

No l.lkdiOOd

0

c.~o

D. High

0

E. Reddeu Dlallganl

0
MoDI Yr-

f04a
14. lnlllel Action
A.

Cilillon

0

8. Oldlr

0

C. 5aguanl

0

D. Writllln Nolice

0

E. Cilllionl
Oilier NumiiW

F. Ollld

f5. NM or !qufpiNnt

18. Tennlnlllon Due

(b) (6)

B. TIIIW (24 K-. Cloclc)

(b) (6)

(b) (6) (b) (6)

(b) (6)

Attachment B

43

United States Department of Labor Mine safety and Health Administration Office of Accountability District

I MNM Northeastern

Field Office

Wyomissing South

I Mine ID

(b) (6)

Date~

(b) (6)

J

Mlne Citation/Order

(b) (6) (b) (6) (b) (6)

(b) (6)

The Returns belt tailpulley was not provided with a guard. on the • This condition allows · aceess to the wing-type tailpulley. The tailpulley is approximately 2-3 feet off the floor level and is easily accessible. Approximately 8 feet away frpm the tailpulley was a wing-type snub roller tha~ also was .not proVided with a guard. This condition eXposes miners · to possible entanglement injuries up to and including loss of limb . .A mill operator is in the area when the mills· or crushing system is running.

I
c. Slgnlllclnt and SubatMtlal:
11.

c. Tollt30CFR of PIIIISecllon

S6.14107a ·

NoD
0
C.ModnttO
D. High

fo.
0 0
E. Clatlonl Clnlet ~

Numbtt or~ Alllc:lld:
E. R8c:lrilla Dil.-gMI

001

Neaue-nc. (cNcll-)
104a
& Order

A. None

0
MoDI

14. ln..., Aallolt A. C!tldon 0

0

C. s.teguanl

0

F. Datlcl

Yr

D. Wrlhn.Nala

15. A1Mor~

(b) (6)

B. Time (24 Hr. Cb:ll)

(b) (6)

MoDI Yr

Ia. nm. (24 Hr. CIDck
(b) (6) (b) (6)

(b) (6)

Attachment B

44

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

(b) (6)

MNM Northeastern

Field Office

Wyomissing South

MineiD

Mine ClbltioniOrder

U.S. DeNI'tiMnt of Labor Mine Safety and Health Admlnilltration

-

J
(b) (6)

(b) (6) (b) (6) (b) (6)

•
(ConlradDr)

0 The underside of the Sand conveyor tailpulley was not provided with a guard. The tailpulley framework was measured at 34 inches from the walkway level. This condition allows access to the moving tailpulley drum. Tbe Sand conveyor is joined by using metal belt clips thus increasing the hazard associated with contacting the conveyor belt. The Sand conveyor is located in the opper Plant area. A mill operator is in the area when the mills and crushing system are running.
... W!tlllln ~ (1D3p)

I
-11--ln!p!!!r'! Ewolulll8n
10. Oravlly. . A fr4uly or W... (hu) (Ia): No LIYIIiloocl 0 B.l...ryor,.._liiiillli,.. !0!!9 be !rpec!!d mile: No LOit WPilUiaYI Unlbly

c. lllla30CFR d PMISectlon

I
56.14107a
OCicurrld

I

0

0
001

0
C.Moclel*

11.

Nil--- (clledt 0,.)
104a

NoD
A. None

I
0
D. HIQII

D. Nwtar d ,.,_. AII'Kfllcl:

0
0

B. Law {itl

0

E. Rec:ldeu CIMIIllll

0
Mo !)e Yr

14. lnillll Adloft· A Cblion 0 B. Onl8r
15.Aiuor~

0

C.~

D. _ Wdltln Nallcl

0

E. Cllallonf OlllerNIInblr

F.Da.a

-m-T~~
17. A1::11Dn til TIII!IIIID

10.

T~. Oue

'"'Dell- I
(b) (6)
MoDe Yr

(b) (6) a. Tme(24Hr. CIDcll) ~--------------------_.-----------------------------

I

Ia. nne (2.

Hr. ctocl

(b) (6) (b) (6) (b ) (6 )

(b) (6)

Attachment B

45

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing South

I Mine ID

(b) (6)

Mine CltatloniOrder

U.S. Department of labor

(b) (6)

(b) (6) (b) (6)

(b) (6)

(ConlrK*II)

~--""'!"":~-=-=~---::--~~--~--::--=~-------~-

The tailpulley guard of the Rice belt was not secured in place side. The side section ~f expanded metal had been cut o~t and replaced by reattaching the section with pieces of welding rods on the top side ·only. The section was not secured at any other point and pushed in easily. This condition exposes miners working or traveling this area to possible entanglement injuries resulting from accidental contact with the wing-type tailpulley. The Rice belt is located in the upper Plant area. A mill operator is in the area when the mills and crushing system are running.

... Wdll8n Nalicii<10Si) on· the left

a

I
c. Slgniii!*'Uncl Sc.ttlellnll.t
1.2. TWit or.Acllan
14. lnlllll AciiDn A. CltldiDn 0

c.~~ Tllll30 CFJit

S6.14112b

Y•O
C.Modlraet

I NlllnW~F'Monl~
D.

·001

A.None0

0

o. High 0

E.~ CIMglnl

0
MoO.Yr

104a
8. DIW

0

C. Sallguard

0

D. Wrllliln NoCice

0

E. Cllallonl OIW Numb•

F. Dallld

15. AIM cw EqulpiMnt

(b) (6)

. B. Time (24 Hr. Clack)

(b) (6)

(b) (6) (b) (6) (b) (6)

AHachmentB

46

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I MNM Northeastern

(b) (6)

Field Office

Wyomissing South

Mine lD

Mine Citation/Order

u.s. DeDartment of Labor Mine 8afe1y and Health Adminislration

(b) (6) 'i

-•. &nCiiiOii

(b) (6)

The Flat Rice belt tailpulley located in the Upper Plant area is not · adequately guarded to prevent contact. The tailpulley was partially guarded by a removable walkway cross-over platform. This platform did not ·cover the entire tailpulley and could easily be lifted off. Openings around the tailpulley ranged from 3-4 inches on the top side and · S-10 inches on the sides of the tailpulley .. This condition exposes miners working or traveling this area to possible entanglement injuries. The Flat Rice ~lt is· ·located in the Upper Plant area. A mill operator is in the area when the mills and crushing system are running.

«,...

----+.r
I
c. T&~CFR ol PartiSection

~ (b) (6)

11~~

(b) (6)

...

'k&ft NoCICe (1031)

• a

56.14107•

Oc:ll:&lnd

0
F.... O

11. Nlgllgenoe (c:lledl-)

A. Nona

0 0

I . Low

iii1l

.C. - - . . .

0

D. High

0

E. ~ DiiNplll

0
MoDa Yr

12. Type af.Ac:tlan. 14.1111111 Action
A. Clllllln

104a

0

B. enter

0

C. ~

0. W,._NoCICI

0

E. Cllallonl Onler Nunmtr

F. Dlfllcl

15. AIM « Equipl'nMt

(b) (6)

B. Time (24 Hr. Clodc)

(b) (6)

MoDe

Yr

I•· rune (24

Hr. Clocl

(b) (6)
-I

(b) (6)

(b) (6)

,23. ARN&ntber -

Attachment B

47

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissing South

I Mine ID

(b) (6)

Mine Cllatlon/Order
I:~ n...12A Hr. Clodcl

DeD&Itment of Llbor Mine Safety and Health Adminiltration

u.s.

(b) (6) (b) (6)
I. CondJIIon « PrliCIIol

(b) (6) (b) (6)
L

•
0

--------

(ContraCIDI) \MIIIIIn Nob (1§j)

The·walkway alongside the old bin next to the flat rice belt had openings in the exp~ed metal floor. A hole in the center of the floor was approximately 8 inches by 12 inches. There was also an opening along the left side of the walkway ranging approximately 6-10 inches in width and extending for approximately 15 feet in length. This condition exposes miners working or traveling this area to a fall hazard to the level below. This area is not a regular travelway. Accessed for clean-up and/or maintenance duties.

9. Vlalallon

!

A. HNIIII 0

·-11-1111

.iila
104a
B. Ordlr

I

c. TIIe30CFR ot Palt/Secllon ·

56.11012

Occurl.s

0
F...

O

. 12. fWie ot kttoll

13. Type ot laulnal (clleclt _ ,
C. Slflgllald

14.1n&!AIIIIon
A. Cllllon

0

0

0

D. Wrlllln ~

0

E. Cilallad
Oilier Nwnbw

F. D8llld

MoO. Yr

(b) (6)
17. kiiDn tD TllmN!e

Ja. Time (24 Hr. Clocil)

(b) (6)

11. r~1:·

.... -""-(b) (6)

MoO. Yr

I _a.

Time (UHr. Clllc:lt

(b) (6)

(b) (6)

Attachment B

48

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

Wyomissmg South

I Mine ID ~

(b) (6)

Mine Citation/Order

(b) (6) (b) (6)
a. ~or,.,_

(b) (6) (b) (6)
(ConlrlldDr)

ea.'NI'tbll Nallcl(103p) 0

The East Conveyor tailpulley was not adequately guarded. The right side expanded metal had been cut open 24 inches by. ll 1/2 inches and the section reattached with wire on the top only. The back section had a 6 l/2 by 6 l/2 inch opening on the lower left. side. The left side of the tailpulley had an opening of 24 inches allowing access to the wing-type tailpulley. The drive belts and pulleys of thia belt were also not guarded on the back side ..· These conditions expose miners working or traveling th~s area to possible. entanglement hazards from accidental contact with the moving machine parts. A mill operator employee is in 'the area when the mills or crushing system are running.
I

.I

II. Vlllllltlon

C:. Pati/Secllon of
Tllle30CFR

S6.14107a

No l.lr.ellllood

0

Unlllely

0

Highly Llk8ly

0

OCcutNcl

0
001

jo.NumberofPtiJMIII~

c. Moderate 0
104a
14. lnllal Action
A. Cltltlon

0. HiQII

0

E. Recldlla DlnGIId

0
Mo Dl Yr

0

I . Onllr

0

C:. s.t'eg&anl

0

D. Wfi*!Noac.

0

F.Ditld

15. .we or Eqlllpmenl

(b) (6)

(b) (6) (b) (6) (b) (6)

Enforcement actions with questionable evaluations
Attachment B
49

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

(b) (6)

MNM Northeastern

Field Office

Wyomissing South

Mine 10

(b) (6)

(b) (6)

(b) (6)

No. Affected

guard was area oetween the speed reducer and the head pulley on the No.9 conveyor beltMoving machine parts shall be guarded to protect persons from contacting gears,head,tail,and take up pulleys,shafts,and similar moving parts that can cause injury.No one travels this area when the belt is running. or practice should read, A was area speed reducer and the head pulley. 12 The citation lacks explaining the hazard and gravity of the injwy. #3 The statement that no one travels the area while belt is operating. How was this proven? What is the hazard without any exposure? These type opinions do nothing to support the violation the supervisor should have had these errors correctedJ

11

(b) (6)

(b) (6)

(b) (6)

No. Affected

The fire extinguisher located on the welding machine trailer (Co# 70 welding machine) was not provided with an annual inspection or records tag showing that the annual maintenance inspection had been performed. The annual inspection is to be performed by a qualified technician and a certification tag placed on the extinguisher. The inspection is needed to check the mechanical parts, hose, nozzle and vessel, the amount of the extinguishing agent and expellant The wire fastener was still attached to the fire extinguisher but the tag was not attached. There were no other records available to indicate that the annual inspection had been done. All units must be certified every 12 months. Persons were exposed to possible serious burns while to use a defective unit The fire showed and to be in usable condition. 11 How was lost work days determined? #2 Bums usually result in permanently disabling injuries from scarring. #3 Citation lacks any information to support high negligence. #4 Since when do we require a qualified technician to conduct a yearly exam ? Who were the No. · Affected 0 Moderate

S&S
(b) (6) (b) (6) (b) (6)
N

An MSHA #7000-2 (Quarterly Employment Report) for the 2nd quarter of 2008 (April, May, June) was not completed nor mailed to MSHA's Health and Safety Analysis Center prior to July 15, 2008. The quarterly report is to be submitted to the MSHA Health and Safety Analysis Center in accordance with the instruction criteria in 50.30-1. The report is due within 15 days after the end of each calendar and a retained at the main office for a of five after the submission date.

(b) (6)

(b) (6)

(b) (6)

Attachment C

50

United States Department of Labor Mine Safety and Health Administration Office of Accountability Disbict

(b) (6)

I

MNM Northeastern

Field Office

Wyomissing South

Mine ID

J

(b) (6)

(b) (6)

(b) (6)

(b) (6)

(b) (6)

(b) (6)

(b) (6)

(b) (6)

(b) (6) (b ) (6 )

or a record of a test? #3

(b) (6)

(b) (6)

(b) (6)

The guard for the tail pulley under the feed hopper,had been broken off and partially covered up with materialGuards shall be constructed and maintained to withstand the vibration,shock,and wear to which they will be subjected during normal operations. No one works or travels in this area when the #1 If guard was broken off and we had exposed moving parts. Why would 56.14107(a) not be cited? #2 If you have access, can we say we never will or never have had exposure? Is fatal really the most expected injwy? #3 What kind of moving parts did we · have? Last sentence does nothing to support a violation Is this a fact or opinion? How was this statement proven?why would a #4

(b) (6)

(b) (6)

(b) (6)

Attachment C

51

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

(b) (6)

I

MNM Northeastern

Field Office

Wyomissing South

I Mine ID

(b) (6)

(b) (6)

(b) (6)

The mine operator was unable to produce current documentation that the continuity and resistance testing of the electrical system and equipment within the Quarry Maintenance shop had been conducted. Records were available for the grounding electrode test and several pieces of equipment were tested for motor continuity. A pedestal type 220 volt grinding wheel was not tested and several other pieces of equipment did not have their grounding conductors tested. Employees working around or in this area were to the of electrical shock or bum if a fault condition were to undetected. 11 How would a failure testing cause L An fault is a different and should be cited.

(b) (6)

(b) (6)

(b) (6)

(b) (6)
tail

(b) (6) (b) (6) The existing guard for the tail pulley on the No.8 feed belt in the mill area was not adequate. The openings on both sides of the
from the

No. Affected

(b) (6)

(b) (6)

(b) (6)

1

Moderate

( b ) ( (b) (6) (b) (6) (b) (6) The6 I 220 volt breaker box located in the Primary Plant MCC building was not properly labeled to show which circuits they 110 ) control. Breakers #2D, #24, and #33 were not labeled but in the ON position. Upon inspection by the company electrician. these
breakers did control live circuits. Other breakers had been moved from their original locations so another breaker could be added. Principal power switches shall be labeled to indicate which circuits they control. Miners were exposed to electrical hazards associated with working on or near energized circuits which could be thought to be inactive. The Primary Plant MCC building is accessed on an as needed basis for lock-out procedures of plant equipment Electrical work is performed by company electricians and an outside electrical contractor.

Attachment C

52

United States Department of Labor Mine Safety and Health Administration Office of Accountability (b) (6) District

I

MNM Northeastern

Field Office

Wyomissing South

I Mine ID

~

J

Photo No.1-

Photo No.2Attachment D

53

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

I Field Office I Wyomissing South I Mine ID

(b) (6)

~

Photo No.3-

Photo No.4-

Attachment D

54

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

(b) (6)
MNM Northeastern Field Office Wyomissing South Mine ID

Photo No.5-

Photo No.6-

Attachment D

55

United States Deparbnent of Labor Mine Safety and Health Administration Office of Accountability District

I

(b) (6)

MNM Northeastern

Field Office

Wyomissing South

Mine ID

Photo No.7-

Photo No.8-

Attachment D

56

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I MNM Northeastern

Field Office

I Wyomissing South I Mine ID

(b) (6)

Photo No.9-

Photo No.lO -

Attachment D

57

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

(b) (6)

MNM Northeastern

Field Office

Wyomissing South

Mine lD

Photo No.11 -

Photo No.12-

Attachment D

58

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

(b) (6)

I

MNM Northeastern

I Field Office

Wyomissing South

I Mine ID

Photo No.l3 -

Photo No.14 -

Attachment D

59

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I MNM Northeastern I Field Office I Wyomissing South

(b) (6)

Photo No.l5 -

Photo No.16 -

Attachment D

60

United States Department of Labor Mine Safety and Health Administration Office of Accountability (b) (6) District

I MNM Northeastern I Field Office I Wyomissing South I Mine ID

[

Photo No.l7-

Photo No.18-

Attachment D

61

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I MNM Northeastern I Field Office I Wyomissing South I Mine ID ~

(b) (6)

Photo No.19-

Photo No.20 -

Attachment D

62

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

I Field Office I Wyomissing South I Mine ID

(b) (6)

J

Photo No.21 -

Photo No.22 -

Attachment D

63

United States Department of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

Field Office

I Wyomissing South I Mine ID

(b) (6)

J

Photo No.23 -

Photo No.24 -

Attachment D

64

United States Deparbnent of Labor Mine Safety and Health Administration Office of Accountability District

I

MNM Northeastern

I Field Office I Wyomissing South I Mine ID

(b) (6)

J

Photo No.25 -

Photo No.26 -

Attachment D

65

United States Deparbnent of Labor Mine Safety and Health Administration Office of Accountability District

(b) (6)

I MNM Northeastern

Field Office

Wyomissing South

Mine ID

Photo No.27 -

Photo No.28 -

Attachment D

66