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"MSHA Internal Audits, Region 7, 2010".
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MSHA Internal Audit Reports, 2010 Region 7 -- Central Kentucky, North Carolina, South Carolina and Tennessee Table of Contents Franklin, TN Field Office -- p 2 Harlan, KY Field Office -- p 84
U.S. Department of labor
Mine Safety and Health Administration 11 00 Wilson Boulevard Arlington, Virginia 22209-3939
AUG 2 4 2010
MEMORANDUM FOR ROBERT L. PHILLIPS Acting Deputy Assistant Secretary for Operations Mine Safety and Health THROUGH: PETER J. MONTALI Acting Director of AccountabilitY(ibr Mine Safety and Health
~<;l_~
FROM:
~~~ D..._ JERRY J. KISSELL Accountability Specialist Mine Safety and Health
U·
\ --
Q{h'-v--GJ!kJ RODNEY D. GUST Accountability Specialist~ Mine Safety and Health
SUBJECT: MSHA Office of _ . (6) N , and T (b)
(b) (6)
Q ...
-f-
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 (FAR's), Accompanied Activities (AA's), MSHA supervisory and managerial oversight and the conditions and practices at the mine. The audit was Gust, accountability conducted_ Jerry Kissell, by and ftod (b) (6) specialist, during the week Positive findings and issues requiring attention are i •'-'•u•ucu
Overview
(b) (6)
The field office audit was (b) (6) the audit was conducted Accom- the audit team
and the on-site portion of
(b) (6)
(b) (6)
You can now file your MSHA forms online at www.MSI::!A..g_Qy. It's easy, it's fast, and it saves you money!
On-site areas examined included: The material storage areas/Jaydown yards, tool shed (mechanics tools and supplies) spare parts conex trailer, mechanics F-350 service truck, caterpillar 980-G front end loader, Kamatsu WA 600 front end loader, supervisors company truck (F-150), Bobcat skid steer unit, Electrical contractors work vehicles, Quality Control Lab, primary crusher control room and access platforms, haul road and benning into the quarry and areas traveled to the de-watering pumps at the quarry. floor, and the quarry highwalls along these travel ways.
S&S Rate Comparison
S&S rates for the Franklin, Tennessee FO, are above that district and national levels for FY 2009, as well as to-date in FY 2010.
Fiscal Year 2008 2009 2010
S&S Rate Comparison Franklin, TN Field South Eastern Office district 34.84% 26.32% 35.62% 34.21% 43.22% 39.97%
National Average 21.44% 21 .36% 38.19%
Time and Activity Comparison
Time distribution for E01 inspections conducted out of the Franklin, Tennessee field office from October 2007 to January 2010 indicated that onsite time for surface facilities increased from 57.24% in FY 2008 to 58.80% in FY 2009 and is currently 63.16% for FY 2010. Time spent in the "other" category decreased from 16.93% to 13.88% during the same time period, and currently is 21.05% for FY 2010.
Time Distribution (Percent)- E01 Inspections at Surface Facilities
Travel FY2008
2008 Nat'l Avg
Other 16.93% 10.19% 13.88% 10.23% 21.05% 9.83%
Total On-Site 57.24% 61.86% 58.80% 61.91% 63.16% 61 .92%
FY2009
2009 Nat'l Avg
FY2010
2010 Nat'l Avg *Total on-s1te t1me Includes Citations 1ssued on-stte.
21.84% 20.39% 24.05% 20.77% 15.79% 20.30%
Citations Issued On-site 5.59% 2.96% 3.49% 3.69% 13.16% 3.53%
Citations Issued Off-site 3.98% 7.55% 3.27% 7.10% 0.00% 7.94%
Total . Percent 100.00% 100,00% 100.00% 100.00% 100.00% 100.00%
2
Time distribution for E01 inspections conducted out of the Franklin, Tennessee field office from October 2008 to January 2010 indicated that onsite time for surface mines increased from 61.19% in FY 2008 to 62.39 in FY 2009, and is currently 58.60% in FY 2010. In addition, time spent in the "other" category increased from 14.92% in FY 2008 to 15.73% in FY 2009 and is currently 14.81% for FY 2010.
Time Distribution (Percent)- E01 Inspections at Surface Mines
Travel FY2008
2008 Nat'l Avg
Other 14.92% 11.77% 15.73% 11.54% 14.81% 11.51%
Total On-Site 61.19% 56.23% 62.39% 56.38% 58.60% 56.76% '
FY2009
2009 Nat'l Avg
FY2010
201 0 Nat'l Avg *Total on-s1te time Includes Citations 1ssued on-s1te.
19.95% 26.33% 19.82% 25.96% 20.26% 24.71%
Citations Issued On-site 5.96% 3.13% 7.67% 3.26% 4.48% 5.55%
Citations Issued Off-site 3.95% 5.67% 2.06% 6.11% 5.74% 6.33%
Total Percent 100.00% 100.00% 100.00% 100.00% 100.00% 100.00%
Time distribution for E01 inspections conducted out of the Franklin, Tennessee field office from October 2008 to January 2010 indicated that onsite time for underground mines decreased from 62.41% in FY 2008 to 57.98% in FY 2009 and is currently 57.08% in FY 2010. In addition, time spent in the "other" category increased from 18.06% in FY 2008 to 20.29% in FY 2009 and is currently 16.89% in FY 2010.
Time Distribution (Percent) - E01 Inspections at Underground Mines
Travel FY2008
2008 Nat'l Avg
Other 18.06% 11.15% 20.29% 10.98% 16.89% 11.09%
Total On-Site 62.41% 60.23% 57.98% 60.06% 57.08% 59.58%
FY2009
2009 Nat'l Avg
FY2010
201 0 Nat' I Avg *Total on-s1te time Includes c1tat1ons 1ssued on-s1te.
15.75% 23.44% 17.72% 24.03% 16.53% 23.88%
Citations Issued On-site 5.68% 1.62% 5.67% 2.14% 3.87% 2.47%
Citations Issued Off-site 3.78% 5.18% 4.01% 4.94% 9.50% 5.45%
Total Percent 100.00% 100.00% 100.00% 100.00% 100.00% 100.00%
•
3
Audit Results The audit revealed positive findings in several areas, including the following: 1. Field office staff demonstrated excellent knowledge of MSHA regulations, law ·and policy. Inspectors were well prepared with tools/equipment necessary to · perform inspection duties. 2. Open and positive communications between MSHA personnel and the mine operator, including miners, safety personnel, and management were very commendable. 3. The field office was well organized and personnel are consistently informed on inspection completion and GPRA performance information. (use of standardized reports) 4. The district and field office staff was professional, courteous and cooperative towards the office of accountability specialists. 5. The inspector traveled and observed areas where persons were working and conducting normal mine maintenance and repair to ensure safe work practices and compliance were in place.
The audit also revealed several issues that require corrective actions, including the following: 1. Inspections do not appear to be complete and thorough. Several citations were issued during the audit for conditions that appeared to have existed for extended periods of time but were not cited previously. (See item 27 in attachment A and see attachment B, cit~tions issued during the ~udit) 2. Hazardous ground conditions were not being addressed in the quarry above the haul road where persons travel to the pit bottom. Fallen materials from the highwall above the travel way were observed in the road used to access the quarry. There was not appropriate equipment available at the mine to address maintaining and scaling of the highwalls and no safety benches to catch falling or sloughing materials were present. (See lteru..3fil (b) (6) 3. A health sampling violation was terminated~ _ . -lYre-sampling while the mine was in an "idled stat~ (b) (6) (b) (6) health sample was taken during normal mining operations o n - (b) (6) ior to the mine going into an idle status in late (b) (6) Item 63) for 4. A review of previous citations revealed a violation issued guarding appeared to be for two separate pieces of equipment in one citation. (See item 63, Attachment C)
4
Attachments
A. ·
Office of Accountability Checklist with comments, recommendations, and
references issued during this aud
(b) (6) (b) (6)
.5a .14207 14101a2 56.14100a 56.14101a2 56.12004 56.11001 56.14100b 56.11003 56.16005 56.4101 56.12028 56.14101a2 56.16005 56.11002 56.4104b 56.14100b 56.14100b 47.41a 47.41a 56.12028 ' 56.4101 56.4200b2 56.20003a
.12008 56.4201A1 56.12032 56.12008 47.41a 56.4402 56.14107a 56.11002 ' 56.14107a 56.14101a2 56.14101a2 56.14101a2 56.14101a2 56.14100d 56.14101a2 {J981) 56.14107a {J981) 107a order (J981) 56.11016 {J981) 56.18002a {J981) 56.18002(a) 56.3200 104(g){1) 56.9300(a)
C.
Enforcement actions with questionable evaluations
D.
Photos taken during audit (if needed)
5
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
l MNM South East
Field Office
I Franklin, TN I · Min~ ID
(b) (6)
1.
Adequate
Evaluate supervisory review of inspection reports and documentation for completeness.
D
Inadequate
(b) (6)
[KJ
Not Applicable
D
Comments Below
aujest10n1able determinations of citations - · and the condition/practice depicted two separate pieces of equlpmenr m rne vJuti:luu" with only one citation issued that addresses both violations.) (See attachment C) (See Item 61) [Program Policy Manual Volume I, Interpretation and Guidelines on Enforcement of the 1977 Act
2.
Adequate
Determine if supervisors address report deficiencies immediately
0
Inadequate []]
Not Applicable
D
Comments Below
See Item 1 and Item 63 of attachment A, and see attachment D
3.
Adequate
Determine if supervisors are visiting mines
0
Inadequate
D·
Not Applicable
D
Comments Below
[2g
The supervisor stated he makes mine visits as he completes his required Accompanied Activity inspections with his inspectors.
4.
Adequate
Evaluate the quality of Field Activity Review reports (FARs)
[K]
Inadequate
0
Not Applicable
0
Comments Below
[251
All FAR's requirements were met. A recommendation to enhance the intent of the FAR's reports as they appear to lack detail specific to the deficiencies and corrective actions reviewed in the summary of the reports.
· (Recommendation- Ensure that all supervisory and management personnel have adequate training in the proper manner to conduct and document a field activity review for significant accomplishments and deficiencies identified.(AH09-III-1(1), Metal and Nonmetal Mine Safety and health Supervisors handbook, Chapter two, section A and section B))
Attachment A
6
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin, TN I
(b) (6)
Mine ID
5. Adequate
Determine if supervisors/managers are identifying and addressing performance ·o r behavior based issues during and after accompanied inspections are conducted
D
Inadequate
0
Not Applicable
0
Comments Below []]
No performance or behavior based issues were identified during the AA's
6.
Adequate
Evaluate the quality of Accompanied Inspections
w
Inadequate
D
Not Applicable
D
Comments Below
See item 4 above.
7.
Adequate
Determine if supervisors are reviewing mine files
0
Inadequate
0
Not Applicable
D
Comments Below 181
(b) (6)
8.
Determine if Assistant District Manager is holding supervisor accountable for Field Activity Reviews, and Accompanied Activities ·
D
(b) (6) (b) (6)
Comments Below
[81
accountable for conducting the required number of FAK's, and AA's. However, the quality of these activities did not appear to achieve the desired goals as per Items No. 1, and 4 above and item 21 below. Recommendation - Training should be provided for supervisors regarding FAR's and AA 's and second level reviews. Reference- AH09-II/-1
Attachment A
7
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
(b) (6)
I MNM South East
Field Office
I Franklin, TN I
Mine lD
11. Adequate
Determine if ADMs and OMs are visiting mines
D
Inadequate
D
Not Applicable
D
Comments Below
(2g
Discussion with OM and ADM indicate mine visits are conducted through out the district
15. Adequate
Determine if supervisors are monitoring inspector time and activity documentation to ensure proper use of time by inspector
IX]
Inadequate
0
Not Applicable
0
Comments Below
Supervisors are utilizing the Key Indicator reports to monitor time & activity for the inspectors and field office.
16. Adequate
Determine if Standard Operating Procedures (SOPs) are in place, current, and in compliance with MSHA policies and procedures
IX]
Inadequate
0
Not Applicable
D
Comments Below
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
0
Inadequate
[K]
Not Applicable
D
Comments Below
See Attachment C, below.
18.
Adequate
Determine if supervisors are adequately evaluating the level of enforcement
D
Inadequate
[K]
Not Applicable
D
Comments Below
Evaluation of conditions cited, gravity and negligence is questionable foltowing the review of prior inspection reports. . See attachment C, below.·
Attachment A
8
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
(b) (6)
I MNM South East
Field Office
I Franklin, TN I
Mine ID
21. Adequate
Determine if second level reviews and Peer Reviews are used to assess supervisory review of enforcement actions
D
Inadequate
[KJ
Not Applicable
D
Comments Below
See item 4 and 6 above (Recommendation- Ensure that all supervisory and management personnel have adequate training in the proper manner to review and document FARIAA reports.)
22. Adequate
Determine if appropriate actions are taken by supervisors and managers with respect to issues of misconduct and/or poor performance
D
Inadequate
0
Not Applicable
D
Comments Below
[29
No misconduct /poor performance issues have been identified in the field office.
26. Adequate
Determine if managers and supervisors are using required "standardized reports" to review critical data relevant to inspections and investigations
[K]
Inadequate
D
Not Applicable
D
Comments Below
Field office/district monitors the Key indicators.
27. Adequate
Determine if complete and thorough inspections are being conducted and adequately documented
D
(b) (6)
Inadequate
[K]
Not Applicable
0
Comments Below
history shows seven citations were issued during the previous two E-01 inspections conducted in FY 2009. Three of those seven citations were (b) (6) (b) (6) issued as S&S (b) (6) During i&S (b) (6) Example tor conditions rnat appear to have existed beyond the past inspection penoas ww1 lllJ action taken. (See attachment 8, below) Reference; The Mine Act and PH09-IV-1, Metal and Nonmetal general inspection Procedures Handbook
Attachment A
9
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin, TN I
Mine ID
(b) (6)
28. Adequate
Determine if inspection notes support the inspector's assertion that the mine was inspected in its entirety, including health sampling
IX]
Inadequate
D
Not Applicable
0
Comments Below
During the inspection conducted as part of the audit, all areas of the mine traveled were documented by the inspector. Determine that the inspector spent sufficient time on off-shifts and on weekends
29.
Adequate
D
Inadequate
D
Not Applicable
[K]
Comments Below
No weekend or night shift production is performed at the mine visited.
30. Adequate
Determine if all mine records, postings, and other required materials are examined during the inspection
D
Inadequate
0
_Not Applicable
0
Comments Below
(2g
Mine records were not examined during the accompanied audit; previous inspection notes document an examination of required records and postings.
32. Adequate
Determine if the amount of time expended on each inspection activity and area of the mine is sufficient to accomplish inspection goals
IX]
Inadequate
D
Not Applicable
D
Comments Below
Although an entire inspection was not completed as part of the audit, previous inspection site times reviewed appear accurate with site time charged during the inspection conducted as part of the audit.
33. Adequate
Evaluate each citation/order for inspector's determination of gravity, negligence, number of persons affected, and the level of enforcement
[KJ
Inadequate
0
· Not Applicable 0
Comments Below
(b) (6)
Attachment A
10
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin, TN I
Mine ID
(b) (6)
35. Adequate
Check adequacy of work place examinations/pre-operational examinations
D
Inadequate
[K]
Not Applicable
D
Comments Below
The mine operator was cited based on the number and type of citations issued at the mine for. equipment defects, pre-operational exams not completed and inadequate work place examinations. (See attachment B) The inspector properly identified and took the appropriate action to address the conditions observed.
36. Adequate
Evaluate inspector's observation of back/Ground conditions
D
Inadequate[]]
Not Applicable
D
Comments Below
(b) (6)
Inspector evaluated the condition of the highwall correctly during the accountabil the highwall condi~ions have not addressed during previous inspections. Citation was issued under 56.3200 durin the audit. See attachment B
37.
Adequate
Evaluate conditions of working areas and observe work cycle
D
Inadequate
[K)
Not Applicable
D
Comments Below
(b) (6)
On the inspection conducted as part of the area where persons were working. Example. issued under 56.11016 See Attachment B, below
39.
Adequate
Determine adequacy of training plans (interview miners)
D
Inadequate
D
Not Applicable
0
Comments Below
[]!
The training plan and records were not reviewed during the audit. Electrical equipment maintained (includes electrical cables/equipment/power supply .stations, etc.) ·
41. Adequate
D
Inadequate
[K]
Not Applicable
D
(b) (6)
Comments Below
Attachment A
11
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin, TN I
(b) (6)
Mine ID
45.
Adequate
Evaluate condition and maintenance on conveyor belts, structures, and guarding
0
Inadequate
[KJ
Not Applicable
D
Comments Below
[]I
Cited during inspection conducted as part of audit. (See Attachment B)
49.
Adequate
Evaluate cleanup of accumulations/housekeeping
D
Inadequate
00
Not Applicable
D
Comments Below
The. inspector property cited the operator for lack of good housekeeping such as stumbling · hazards. (See Attachment B)
51.
Adequate
Examine mine bulletin board and evaluate adequacy of all required postings
00
Inadequate
D
Not Applicable
D
Comments Below
Bulletin boards were posted in the main office with the required documents and information.
54.
Adequate
Determine if districts are conducting sufficient, in-depth Peer Reviews
D
Inadequate
D
Not.Applicable
0
Comments Below
[81
Audit team did not review the peer reviews. Documentation is maintained at the District Office. The district conducted one peer review in 2009 at the Bartow, FL field office.
55.
Adequate
Determine if MSHA headquarters is conducting sufficient, in-depth Peer Reviews
D
Inadequate
D
Not Applicable
D
Comments Below
[81
Not reviewed during the audit.
Attachment A
12
United States Department of Labor Mine Safety and Health Administration Office of Accotintability District
I MNM South East
Field Office
I Franklin, TN I
(b) (6)
Mine lD
61. Adequate
Evaluate the two most current completed E01 (regular) inspection reports (two quarters)
D
Inadequate
(b) (6)
[K]
Not Applicable
D
Comments Below
E-01 reports for inspection conducted as part of Reference Procedures
reviewed indicated some areas observed on the had not been documented in the previous reports. PH09-IV-1 section
63.
Adequate
Citations, orders, and safeguards issued during previous two E-01 inspections
D
Inadequate
[X]
Not Applicable
D
Comments Below
(b) (6)
u 1cu
citations issued during the previous two regular inspections at the audit team examined citations issued on those inspections and fOUJ1u (b) (6) documentation of conditions or practices were not of sufficient detail to support the evaluations of gravity, negligence and level of enforcement.
(b) (6)
(b) (6) ns an~ vere issued during the audit. Some of the cited conditions appeared existed for an extended period of time. (See Attachment 8, C & D)
A follow up inspection to terminate~ealth citation (b) (6) policy and termination p r o c e d u(b)e s . - citation r (6) Reference: PHOB-1-1, Citation/Order Writing Handbook, example health citations page 14.
&
Citation 6596101 issued on two separate pieces of equipment on one citation. Form 7000-3, Separate citations shall be issued for: violations of separate standards on one piece of equipment; violations of separate standards in a distinct area of a mine; identical . !1Q'.&Jl~~ru~ga@..~~§...Q~ """"~"•r· and, identical violations in distinct areas of a
(b) (6)
64. Adequate
Determine if 104(d) tracking system is in place at the office being audited, and is being kept up to date
IX]
Inadequate
D
Not Applicable
D
Comments Below
Attachment A
13
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
(b) (6)
I MNM South East
Field Office
I Franklin, TN I
Mine ID
65. Adequate
Determine mine files are legible, and up to date
0
Inadequate
D·
Not Applicable
0
Comments Below
Mine files are neat, orderly, legible, up to date, and labeled appropriately.
66. Adequate
Determine if miners are adequately trained in the provisions of any new conditions/changes/equipment at the mine.
D
Inadequate
0
Not Applicable
D
Comments Below ~
Inspection was not completed during the accountability audit. The training plan was not reviewed prior to the audit teams departure.
71.
Adequate
Evaluate the effectiveness of management's support of, and communication with, inspectors and specialists
0
Inadequate
D
Not Applicable
D
Comments Below
Weekly meeting ar~ conducted with district and field office personnel.
72.
Adequate
Review documentation of staff meetings/safety meetings to determine their effectiveness and relevance to the Agency's mission and current issues
D
Inadequate
D
Not Applicable
D
Comments Below
(2g
The supervisor used MSHA handouts as subject matter for the staff meetings which are conducted on Mondays.
74.
Adequate
Determine if inspectors have sufficient equipment and supplies to conduct thorough inspections. []] Inadequate
0
Not Applicable
D
Comments Below
Attachment A
14
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin, TN I
Mine ID
(b) (6)
75.
Adequate
Determine if adequate close-out conferences are being conducted at the end of each inspection.
D
Inadequate
D
Not Applicable
D
Comments Below
[29
Documentation in the files review indicates that close out conferences are being conducted by the inspector at the end of the inspection. The inspector conducted daily close-outs to review violations issued. He discussed details concerning violations and explained he would review all aspects of the inspection at a final close-out when the ins~ection was completed.
76.
Adequate
Determine if E01 inspections at surface mines includes an observation/evaluation of blast hole drilling, loading, and blasting operations.
D
Inadequate
0 ·
Not Applicable
D
Comments Below
[29
This operation has been idle since late November 2009. No blasting, drilling or explosives use was being done during the inspection conducted as part of the audit.
77.
Adequate
Determine if manpower at the field office is sufficient to ensure adequate, complete inspections, investigations, and other activities.
[K]
Inadequate
D
Not Applicable
D
Comments Below
100% completion rate was achieved with the current staffing levels in the office.
78. Adequate
Other issues/procedures/policies reviewed ....
D
~nadequate
D
Not Applicable
D
Comments Below
Attachment A
15
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
l MNM South East
Field Office
I Franklin, TN I
(b) (6)
Mine ID
Mine Citation/Order
U.S. Deoartment of Labor
and
(b) (6) (b) (6) (b) (6)
(b) (6)
(b) (6) before beginning work at the mine. The contractor had no previous experience, and was not provided with the required training. The Contractor was not made aware by the m~f the Part 46 training (b) (6) requirements. The Contractor must withdrawlllllllllllllfrom the mine until he receive the required training. The Federal Mine Safety and Health Act of 1977 states that an untrained miner is a hazard to himself and to others.
I
10. Gtavlly: A.lnjuly ar ~ (h.s) (is):
8ee Contlnvallan Fomr (MSHA Fonn7011C).3a)
U
c. PattiSeclion of
TiUe 30 CFR
46.Sa
No Likelihood
0
Unlikely
0
Reasonably Likely
0
Highly Ukely
lilJ
0
001
B. Injury ar linea could ,... IOIIIbly be !XI!!C!!d to be:
C. Significant and Subltantlal: 11. N!glg8IIC!I (dlecll one)
No I.Oit Wollcd•••
Yes~
0
LOll Wodulayt Or RestriCIIICI Duty
0
I
Pennanentty Oilllbllng
D. Number of p - AlrK!ed:
A.None 0
C. Moderate
li1!
D. High
0
(b) (6)
16. Termination Due
lA. Data
Ie.
js. Time
Tvne (24 Hr. Clock)
17. ActiOn to Terminate
MoDa Yr
(24 Hr. Clock
(b) (6) (b) (6)
MSHA Form 7001).3, ,o\JlrOI (ftMaed) In ICIXIftlllncewilllllle ~CIIIIIelii!IIIBusllal ~ Enli:lftiJIWIIF*-AIICII 11188, 1M Slllllllk»WWnAeftlnlsllalion 1111 NIIIIGIMII a National Small Bulfnul and l9fcullute RoguloloiJ ~and 10 ReQIOftll Fatmessl!olnls Ia leCaivll-llan IIMI ~llllaulledlllll egency ............... eaiOno. Tlla~-"1.....-.lllllilamellt~and IOIIIIall- ltyau lliiiiiOcatiiiiiM!CIIIIIe --aiMSHfo.JDU-..UHIII-R£G-FAIII(I--J'34.32ol7),or-N~a1Snlal-.-..-_~at . . -Onlllulllmlll..eol31f SIIWII. SW t.IC2120. WMIIInglon. DC 20411. _ _ ....., - · lllllyw:llghtll>ftllt • ......,..will tile Ombudlmln 1101 edclllian tDany-riglllaJDU..., "-.lnafudinll llle riQI!III> =-tc:itallaRaand ~ Feclnllollna Safely .... Heallll RMiw CommisliOn.
penlllltal--.....,..-..
--agenc:J'I ,____
Attachment B
16
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin, TN I
(b) (6)
Mine ID
Mine Citation/Order Continuation
(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
The contractor was called to the site in order for MSHA to obtain information concerning equipment on the mine site. The contractor was not conducting work at the time on the mine site therefore this withdraw order is vacated.
soe Conllnlallon Fcrm
Section 111-S~- Tekon
0
Yr
I
B. Tme (24 lfr. ClociC)
I!ii!l c. v__,
(b) (6)
0
D. Tennlnatecl
n
e. Modified
9. Type oflnspedion
EO l
(b) (6) (b) (6) (b) (6) ~~---------
Attachment B
17
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin, TN I
(b) (6)
Mine ID
J
Mine Citation/Order
U.S.Deoanmnentoflabor
Mine Safety and Health Administration
(b) (6) (b) (6) (b) (6)
(Contractor) 8. Condition or Practic:8
(b) (6)
Ba. Wtilllln Notice (t03g)
0
The 9BBG loader parked in front of the office on a grade and left unattended had the park brake set but had not been chocked. Should components of the braking system fail and the loader roll from the grade it is located and strike a miner fatal crushing injuries would occur. The mine operator was aware the loader was parked in the current position and acknowledged the loader was parked on a grade but failed to ensure the tires were chocked.
9. Violation
B.Sec:tion
of Act
C. Part/Section of Tille30CfR
56.14207
No liklllllJoo!l
0
Unlikaly
fit!
Reasonably likely
0
Highly likely
0
Occurred
0
Fatal ~
B. InJury or Illness could reasonably be exped8d to be:
C. Slgnlftcant and Submnliat
11. Negligenoa (clleck one)
No Lost Womlays
Yes
0
0
I.Jlsl Womlays Or Restr1cted Duty
0
0
B. Low
C. Moderate litj
D. High
I
Permanently DISabling
0
D. Nlnber of Petsons Atrec:led:
E. ReckleSs Olsr.gllld
00 1
A. None
0
0
Older U
:J
0
MoDa Yr
12. Type ot Action
14. Initial Action A. Citallon
104a
B. Order
13. Type of Issuance (check one) C. Safeguanf
Citation
/i1l
S.fegullld
0
Written Notice
n
0
U
0. Written Notice
0
E. Citationf Order Ntmber
F. Dated
15. Area or Equipment
(b) (6)
17.AcllontoTerminata
(b) (6)
The Loader was chocked
(b) (6) (b) (6) (b) (6) (b) (6)
MSHA Form 70011-3. Apr08 (reviiCCII In 8CIDIIInce wilh U1e llvwtslana OfllleSIIlallllusinau RegiJiaDy EnfOnllmlnt falmeSIAct Of IIIIMI.Ihe Smai....,_Mninlllnllielll 1w esllblislled a NotiiNI SmiiB..s- and "9fcuubn ~ OlnlluCIInlall and 10 RegJonoJ Fllmess -~~- CCftUMllll ftGm 1111111 bulinesasabllultednlagenqr · - - The~-u,.-en~o:
Highly Ulcel1
0
Occurred
0
Fatal
SO
e.l..oiiVO
I
c. Maderale 0
E. Cbllanl
Pemulnllnlly OiSabllllf
0
0
D. Number of Pe110ns Afredld:
001
11. Negligence (clledl-) 12. Type of Action
14. lnttial Acllon
A. None
0
D. High
Cilltlon lit!
S0
Onlet 0
E. Reclcless Dilleglld Slfegulld
0
104a
B. Order
13. T1)1e of1 - (cllec:k _ ,
C. Safeguard
0
Wrillltrr Nolice
0
A CHIItion
0
0
0
D. Wrilten Notice
0
F. DaiiiG
MoDa Yr
Order Number
15. /vea or Equipment
(b) (6)
B. nne (2A Hr. Clodc)
(b) (6)
(b) (6) (b) (6)
(b) (6) (b) (6)
Attachment B
24
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
(b) (6)
I MNM South East
Field Office ·
I Franklin. TN I
Mine ID
Mine Citation/Order
U.S, Department of Labor Mine Safety and Health Administration
(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
The pressure valve on the acetylene cylinder located on the maintenance truck was defective in that the site glass was discolored and extremely difficult to read. The needle in the gage also repeatedly hung at approximately ten pounds of pressure and once the pressure was released would not return to zero. Should the defective gage fail at zero and a miner apply too much acetylene serious injuries would occur.
I
10. Gravity; A. qwy or Inness (hu) (II):
B. Injury or lunesa could ,... son!l!!y be upec!!d to be:
C. Signllicanland Subltantlat.
c. PaJtiSec:lion or
~die 30CFR
S6.14100b
No Ukelillooel
0
Un~le!J
2J
Rellsonabty Uce!J
No Last Wllllldaya
Yes
0
Losl Warlulaya Or Restridlld Duty
CJ 0
Hlgl'llyUkely
0
0
NO~
I
l'llrmanendy Dls81111ng
0
Fatall!lJ
D. NumberoiPeiSOnsAJrected:
001
11. Negllgenca (ehack
12. Type Of Action
->
l04a
A.
None
0
0
8. Low
0
c. Moderate
0
~
D. High
0
Order 0
E. ReckleSS Dlllaganl
0
Mo Da Yr
13. TyPe of~ (check one)
Citation htl
Safeguard 0
Wfilten Notice 0
14. Initial Action A. Citation ! ' B. Older
15. Alea or Equipment
n
E. Cilatfonl
Order Nwnber
F. Datad
C. Safeguanl
D. Written Notlce
(b) (6)
17.ActiontoTermlnate
B. Time (24 Hr. Clock)
(b) (6)
The gage was removed and discarded
(b) (6)
B. llme (24 Hr. Clock
(b) (6)
MSIIA Form 7000.3, A(lr Dl (reoiMII) In~ willllle proviSianl rA tile Small Business Regul~ Entllcemant F - A d Of 111118, hal Na1ioM1 Small BUii- anc1 A;ricllilln R.,gullllll)' ~ Ml tO l!eglonel- Bolnii10-CD111!11111S flom small,.,.._ llloutlednl agency n. 0neuc11man .......,......._..,_ICiivitiosandratasaiiCIIagency"soespor~toilllllll busil-. It )Oil -IDcommantlllllle enlorcemeniiCtion10fMSHA. JOU IIIII' c:d t~AIR (1-73W247), U. Otnfll-.. 81 Smd lluaillesl~ Ollloeaflle Nlllonll Onlbudlmln, 409 3nl SWot. sw MC 2120. W""'*'g1011. DC 211&11. Pleue noee. - · -yourriglllto ftr. . COII!Iftonlwltll the Ombudsman II i n - I l l any-riglllayou ml!' hiW.Indudinll the righltocani811Ci18Uanland ~ pona11ia and~ • '-in~ bolln N F....... Mine Sallly .niHalll R-CornmiMion.
-ec:llcno.
--a
(b) (6)
(b) (6)
or-
Attachment B
25
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin, TN I
(b) (6)
Mine ID
Mine Citation/Order
U.S. Deoartment of Labor
Mine Safety and Health Administration
(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
The ten foot A-f~ame ladder located adjacent to the maintenance conex had multiple cracked seams along the supports weakening the structure. Should a miner attempt to .use the ladder and the supports already weakened by the large cracks fail miners would fall causing serious injuries. The ladder was not tagged out and was available for use.
See Continuallon Fona (MSHA Form7000-31)
U
9. VIolation
B. Sel:lion of Ad
c. Pari/Secllon of
Tile30CFR
56.11003
No Likelllood
B. lnjuty or iDnesa c:ould re•
0
Unlikely
0
Reasonably Likely
lit!
Highly Likely
a
Oc:curred
0
Fatal
sonably be 8lCIIeCI8d to De:
No lost
Yes
Workdays
0
Lost Worlalays Or Restricted Duty
0
C. Signllialntand ~IIIII:
li2l
NoD
&.Low
I
Permanently DiSabling
0
lit!
D. Number of Persons Alfeclad: E. Racklesa OIS181JIIIII
Order 0
001
0
E. Cllallolll Order Number
D. High
Cblion ~
0
0 0
Mo Da Vr
12. Tp Of AdiOn
104a
13. Type ofiHUIIIIca (dledc one)
C. Saf.guard
Sarl=guanl 0
F. Dated
Written NOtil:e
14. Initial Ac:lion A. CHallon O 8. e>rwr
15. Ma or EquipmMit
0
O
D. Wrilen Notk:e
CJ
Termination Oua
(b) (6)
8. Time (24 Hr. Clock)
(b) (6)
was destroyed and discarded
(b) (6) (b) (6) (b) (6) (b) (6)
Attachment B
26
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin, TN I
(b) (6)
Mine ID
Mine Citation/Order
U.S. Deoartment of Labor
Mine Safety and Health Administration
(b) (6) (b) (6) (b) (6) (b) (6)
The cylinder of propane being transported in the back of the lead-man's utility truck was not secured but was loose and allowed to move and roll around in the bed of the truck. Should the valve get broken off or the tank get ruptured while rolling around in the back of the truck serious injuries would occur to miners exposed. The operator of the truck was less than five feet from the cylinder while it was in the back of the truck.
9. vtOfation
I =a n
A. Hallh No UkeUhOOd
I
0
No
Unlikely
c.Tille30CFR of PertiSection
Reasona~ Likllly
56.1600S
10. Glavtly.
A. Injury ar Inn.. (tiel) (Ia):
B.lnJu'Y or Bin- COUldsonably be expec:led to be:
li!l .
0 0
Highly Likely
0
Occ:utnld
0
Fatal !;tl
001
No Lost Worlulayl
0
!if.!
Lost Wolllclayt Or Resllleled Duly
C. Slgnificlnt and Substantial: 11. Negllgenee (check one) 12. Type of Action
Yes0
I
Pennlnln1ly Dl&abling
0
D. Numllerof'"-Mecled:
E. Recldna Dingard
A. None
0
E.
~
D. High
0
0
MoD& Yr
104a
14. lnlllal Ac:llon A. Citation C B. Oilier
15.
0
C. Safeguanl
0
D. Wrilhln Notice
O
F. Dilled
Older Number
m• or Equipmant
(b) (6)
(b) (6)
17.AalontoTermlnale
B. Time (24 Hr. Clock)
The compressed gas cylinder was secured
(b) (6) (b) (6)
(b) (6) (b) (6)
Attachment B
27
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin. TN I
(b) (6)
Mine ID
J
Mine Citation/Order
U.S.Deoartrnentoflabor
Mine Safely and Health Administration
(b) (6) (b) (6) (b) (6) (b) (6)
The Diesel tank located in the back of the lead-man's utility truck was not labeled with a sign that prohibited smoking or open flame. Should a miner smoke or have an open flame in the presence of the combustible liquid and a fire commence serious injuries would occur.
S• Ccrilinultion Form (MSHA Fonn 700W.)
0
B. SeCtion
ofAa
c. P8rt/Section of
Tllle30CFR
56.4101
No Utelll100d
0
Unlilcely
!iii
Reasonably Likely
0
HlghlyUUiy0
Occurred0
No lost WOikdays
Yes
0
0
Lost Woricdays Or Raelricled Duty
0 0
Pennanentty Disabling
!iii
Fllal
0
O
No~
D. Number of Penon• A«edlld:
D. Higll
001
11. Neg~c:e (clleck one) 12. Type of Acllon
ANoneO
B. low
E. RedciiSa Disrepd
0
0
MoDe Yr
104a
B. Onler
13. Type of 1ssu..- (check one)
Cilallon li2l
ORler 0
Safeguard
0
Wrlllen Nallc:e
14. Initial Adion A. Citation 0
0
C. Safeguard
0
D. Wrillen Nolicle
0
E. Citation/ Order Humber
F. DaiBd
1!1. Anla or Equipment
16.TerminationDua
jA. Data
~~~~ (b) (6)
IB.TIIIIe(24 Hr. Cioclc)
-
(b) (6)
Section Ill-T....,.,ilfian Action 17. AG!ion to Termlnate
MoDa Yr
I
B. Tlma (24 Hr. Clock
(b) (6)
(b) (6)
Attachment B
28
United States Department of Labor Mine SafetY and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin. TN I
(b) (6)
Mine ID
Mine Citation/Order
(b) (6) (b) (6) (b) (6)
(b) (6)
The hand-held hammer drill located in the lead-man's truck had not received a ground continuity and resistance test within the last twelve months. Should the ground fail . when needed miners would receive serious injuries.
I
10. Gravity. A. Injury or 1"'- (hill (ta): No Likelihood B. ln)Wy or lllneal could reasonably be
C. Part/Section of
Tdllt30CFR
56.12028
0
Occurled
0
Fatll
to be:
No Lost Workday.
0
ii2l
Losl Worlclla,s Or Reslrlded DUly
0 0
Permanllnlly Olsalllillg
0
C. Slgnitlc:antand Subslanllaf:
11. Negliganee (check one)
Yes
0
No
D. Number of Pe-ns Atrected:
!ill 001
A. None
0
B. Low
b
C. Moderate
!ill
D. Hlgll
E Reckless Dilr.;anl
Onler
Q
12. Type otAclion
14. lnitilll Action A. Citation 0
104a
B. Onlet
13. Type of lssuiiiCII (check one)
Cldon lit)
0
SareguaRI
0
Wrilllln Nalice
0
U
C. safeguanl
0
D. Written NotiCe
O
E. Cblionl
Older Humller
F. Dated
MoDa Yr
15. Atea or Equipment
(b) (6)
17.ACiiontoTermln11e
(b) (6)
B. Time (24 Hr. Clock)
The drill was removed from the mine site without abating the violative condition. Should the drill be brought back on any mine site without first correct! the violative condition it would constitute an (b) (6) (b) (6)
(b) (6) (b) (6)
Attachment B
29
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin. TN I
Mine ID
(b) (6)
Mine Citation/Order Continualia1
U.S. Department of Labor Mine Safety and Health Administration
(b) (6) (b) (6) (b) (6) (b) (6)
(b) (6)
Canllnulllon ol17. Action Ill Tenninallt
;unwarrantable failure to comply with a mandatory standard.
Sle~FOIIII
0
C. V&G8111d
0
D. Terminated
0
E. Modiftecl
(b) (6) (b) (6) (b) (6) (b) (6)
Attachment B
30
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin, TN I
Mine ID
(b) (6)
Date
~:=J
(b) (6)
Mine Citation/Order
U.S. Deoartmant of Labor Mine Safety and Health Administration
(b) (6) -~-(b) (6) (b) (6)
8. Condition or Practice
(b) (6)
ea. Wriltan Notice (1 03p) I ] The 250F Utility truck was parked unattended on a grade beside the maintenance conex with the park brake set but the wheels were not chocked. Should the parking brake fail while on a grade and not chocked miners struck by the vehicle would suffer serious injuries.
B. Section
of Act
c. Part/Section of
TICie30CFR
56.1410112
No Ukellhood
0
No
u~o
Reasonably Likely [i2j
High!v Likely
0
Occurred
0
Flllal[i2j
Lost Workdays Or Rllslltded Duty
0
c. Slgnlllclnt and SuiiSiantlal:
11. Negligence (check one)
Yes~
0
C. Moderate
ID.
Patnlal*llly DISabling
0
Humber of Pellona Alfeclad:
001
A.None0
8.'--0
0
D. High ~
E. Reckleu Disnlgeld
Safeguard 0 F. Dilled
0
12. Typa of Action
1Ma
13. Type of Issuance (check one)
Cilalion ~
Ordar0
Written Notice
0
14. lnRial Adlan A. Citation U B. Order
15. Anta or Equipmllnt
0
C. Sa'-guard
0
D. Written Notice
0
E. Cilationf Order Number
Mo Da Vr
16. T111111ination Dua
(b) (6)
B. Time (:U Hr. Clock)
(b) (6)
17.AcliontoTennina~e
The truck was chocked
(b) (6) (b) (6) (b) (6) (b) (6)
MSHA l'om1711CXJ.3. Apr08 (revised) In acconl8nce Willi IIIII proo;isianSCflleSmallllulinaa ~ ~ Fan-Ad.Cf19911. the SrMIIa.-.Mrnilillnllar\ loll eSialllbhed 1 _,.,Small B u - andAg-18 R~ Omlllrclsman llld 10 Regional ~'-.ness Boallla D I1ICOivtt COinllllftllliam ..... . . . . . _ UGulrade..r llgiii ..... llulin-. ltlJOUwllhiDCCIIMIIillcinll!e enltm:emenlldiOM or~ lJOU J1181al 1·1111-REG-FAIR (1.111-734-3247), or- the omliucbman at Smal a..u-~ Ollc:. .f 111e NatiOnll~ 4013111
Slraat.SW MC 2120, W8slltrlg1oft,OC-11. - " " ' " '· . lhatyaurngllliDiilo a-wilhllleDm-lain-10--ltgNillJOU....,.hhe, illcludirog 11>e r1g111111- c11m1cna and pnopooect penallia .-1- • '-ing Fedldllolne S8fetyond Hullll R8VIIw Coimllalon.
~a-SmaQB....,_.IIICIAQrlc:UitUI8Regu-,0-lnCI10RaaiaMIF-a8-·-------~
Ut - - ... _.._ofllleSniiii...,_RtgulaiOiy~,.,_Ac:IGI 18DI.IIIe&mall ..,_ ~ 1111
-a.
-_..ya·-·-..
Attacnment I:S
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin, TN I
Mine ID
(b) (6)
Mine Citation/Order
U.S. DePirtment of Labor Mine Safety and Health Administration
(b) (6) (b) (6) (b) (6) (b) (6)
The floor and travel way within the trucker's break area was littered with trash and debris. Should there be a fire within the building the housekeeping would contribute to the seriousness of the fire by supplying fuel.
I
10. Gtavily: A. Injury or lin- (haa) (Ill):
No lbliiiOod
See Conlinlllllon Fcnn ~ Farm70oo.3a)
0
c.Tille30 CFR ol Part/Section
56.20003a
0
Unlikely
8 · Injury or lln8A CDUid,... sonab be expec:ted to be: C. Significant and Sub8tanllal:
11. Negllgenca (check one)
No lost ...._.... _ ·--•~ Yes
0
O LostWft"'"-- Or R8&tric:l8d Duty 0 --•·
1ii!J
Reasonably Ucely
C. Moderate
Highly likely
0
Occurred
u.
00 t
0
(i2l
D. High
Clatian
D. Nllllber of Petsons Affected:
A. None
0
0
Older
E. ReckiiA Ollrepnl
0
0
Mo Da Yr
12. TJP8 of Action
14. Initial Adlon A. C~atlon 0
104a
B. Order
13. TJP8 of lasuanca (cheCk one)
C. Safeguanl
l!lJ
0
s.f8guanl
0
Wrillen Notice
0
0
D. Written Notice
O
E. Citation/ Order Number
F. Dated
15. ArM or Equipment
16. TenninationDua
jA.
Data-~B. rune(24Hr.Cioct) (b) (6)
(b) (6)
Section Ill-Tem11111tian N:tilrl
17. Action to Terminate
(b) (6)
MSHA Fctm 7000-3,AjlrOI(revtucl) In -wllhlhepowilionlafltlt Small Busi,.. Regula!llry~f--Aclaf1888, 1heSinlllllullraiAdndnillnltllln 1111 -blallld srnanausinou andA;ricullurellag.-yOnlllucloman and 10 RagioMI Foirneaa-..IDrecelve-ffomsmdbull-alxU fldea!IIQIIICY - - - - l l M I . , _ ~ -lllforalmenldvitilsand _ _ ......,.. .....,.._ 11111111111--. lfyauwilhtoCIDinll*1!on !he -aclialllafMSHA. yaun11Jcd1-8U-REG-FAIR (t ......n4-3:147), 111-IM~II- -~ Oftlcaaftlt NlliQnll Oo-...n.40t 3cll SIIMI,SW MC2120,w.llinglan.OC:ICMtt. ,._nota,-. flllyeurtlgiiiiOiilu.........m-lhe~lsln-111any-rlghtsyau....,-.-.g
lherighiiDc:anfestdlallcmanclpropoeedponallleaancl.obllinahelring-lheFeclcrWMineSafetrnii-Review~
a-
(b) (6)
Attachment B
43
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
l MNM South East
Field Office
I Fr~Iin, TN I
(b) (6)
Mine ID
Mine Citation/Order
U.S. Deoartment of Labor Mine Safety and Health Administration
(b) (6) (b) (6) (b) (6) (b) (6)
The co~d for the 110 volt ght located in the trucker's break area was entering into the electrical compartment through a compression fitting without a bushing. Should the insulation on the wiring become damaged and the wires short against the equipment serious injuries would occur to miners in contact with the metal case on the light.
9 .VIOI::rHHIIh0
=a
I
0
Unlillely li!}
c. P8rtiSec:tian of
~30CFR
56.12008
10.Gmlty:
A. InJury or lllneu (h•l {II): No Ukellhood
Reasonably Likely
0
0
HighlyU~
0
0ccunec1
n
001
LDSt WOIIcd8y& Or Restricted Duty
C. Slgnllicallt and SullsblniiK
Y•
0
No lit]
jD. NumberotPersonaAlfecled:
o. Hlgll 0
C'4adon lii1J
11. Negligence (CIIeck one) 12. Type of Adion
14.1nftl:ll Action.
A. None
0
a Low 0
13. Type o i l - a (check one)
E. CilattCIW Older HYmber
e. _,... DMgan~ 0
Older 0
104a
B. Order
·Sal'llguanl .D
F. Dated
Wrilll!n Notice 0
A. Citalion
0
0
C. S"-Guanl
0
D. Written Notice
0
Mo Dl Yr
15. Anla or Equipment
(b) (6)
17. Action 10 Termlnllla
B. Tlllltl (24 Hr. Cloc;lc)
(b) (6)
(b) (6) (b) (6)
Attachment B
44
United States Deparbnent of Labor Mine Safety and Health Administration Office of Accountability
District
MNM South East
Field Office
I Franklin, TN I
Mine ID
(b) (6)
Mina Citation/Order
Mine
U.S. Deoartment of Labor and Health
(b) (6)
(b) (6) (b) (6)
fire extinguisher located in the Quality Cont inspected within the last thirty days. Should an the fire extinguisher and the extinguisher not performEBs injuries would occur. )
of
I. VIolation
I
A. Heallh
Safely[J Other[j
0
I
No Likelihood
c. Tliiii30CFR rJ PaltiSedlon
O
0
S6.4201Al
Sedion D-lnSpeclol's Evalualicn
10. Gravity. A. Injury or llness (has) (Ia);
0
Unlik~ly
1itJ
Reasonably Lil.......-an._ . , " " _ .adiollaotMSHA. ,ou nwv Clll t-~R-RECU'AIR (1..,..734-3:147). at write 111e Ollll>uCiarMn at Smol-~ Olliceot . . -Ombudlmon. 4011 :JN snet,SW MC2120. WUiin...... DC 20411. Fl-. tll .. yourrtgllttollea..,_.w1111111e~lailaillonlllany-~jllllma,,..., inclucling UHI rtrlhlll>- Cilllianlllld plllpCINCI PlftllliiC and hellrinllllofant tile Fednl Mine 8Miy 81dlfllallh Raolllw CCIMIIII!an. 'llle~.......,..,..__._,_and
...--.
MSHA form 71J00.3, Apr OS (rav!HCI)
-aN-..SmaiiBIIIinlaandA~RagulotaryClmlludlmlftllldtORegianalfai-Bolldolll--ltDmiiNII~atiOUI-IIvencJ
In - l l i U I I I I e pRMiione of . . Stnlll Busineo Regldlloly ~info~-' F-....Act ot 18ia, 1he Smlll ausr- Mmlnllnton IIU
noll,-.
-a
__
Attachment B
46
United States Deparbnent of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin, TN I
(b) (6)
Mine ID
Mine Citation/Order
U.S. DeDaltment of Labor Mine Safety and Health AdminiStration
(b) (6) (b) (6) (b) (6)
(b) (6)
The hot water heater located in the Quality Control lab heater closet had energized romex cable entering into the electrical compartment of the hot water heater without going through a proper fitting. Should the romex cable become damaged due to heavy vibration and contact the outer metal water heater shell serious injuries would occur to miners in contact with the energized outer shell of the hot water heater.
I
10. Gravity: A. lnJWYar,.,_(llas)(ll):
B. lnjwy or Hlneu could-
c. Totle3DCFR af Palt/Sedion
56.12008
Nou.Hhoad
0
Lost WOI!cday& Or Relltldlld Duty
-blybe expected 10 be:
0
c. Slgnlllcant IJid Sullltantlal:
11. Negllganc:e (check one)
Y•O A. None 0
0
I
D. Numbenl Pwlona A«IICied:
001
B. Low
0
c. Mocleraw Sl!
0
1!. Cialionl
Order Number
D. ~
0
E. Reddell Dislegtld [J
12. Type rA Action
14. lnllll Acllon A. ctaHon 0
104a
B. Otdlt
13. Type of lsluanal (chedc one)
F.Dewd
0
Mooa Yr
C. Sefeguant
D. Written Notlc:e
15. Alwe or Equipment
(b) (6)
17. Acllon to Termlnew
B. l'ln1e (24 Hr. Clock)
(b) (6)
(b) (6) (b) (6)
IIIICI:OrGancelllilft 1111 PftiOIIIIoM d lhe Smlll Btllinelt Regulatary IWGcemeni Flinal Ia ol1 vte. fie Stnlll hU llllllllillleCia Ndonll Small..._ andAgrleullln Rtg\JIIIDiyOtnludlmln llld 10 Re;IDnll Fllmeu aa.dl Ill ..... - f l a m 11111111 ~ IIIOutildlralaoantJ ·-~~~·- .. TlleOI!eudlmln ........,_~ _ _ _ _ _ _ . . , . . _.... _ ........ .,.,.._, lfrGUwilllb_ ..... ~ ldlalll ol MSHA. rou may CII1..-REG·FAIR (1.ell8-1344247), ctwrile the Ornlludanl!n llllmallluUI•Admlllsnllan. Ollceol . . Nlllanll ~- 4013111 s - . $W I.e 2120. Wullio(lloll. DC 20411. ~ - · - · ll!llyaurrlgltlofti. . COIIIIWIIwilh ~~~~~ lllft-*litlan biiiV-rie*I'DIIINY'- inclUding llle righl b cont11t c:iiiiiDM allll.,._ed ,....... 8lld oiiiMI• '-1nll belln . . Fedcnllllne s.r.tr llld Haiiii,..,.•CclmnUIIIIII. MSI1A 1'011117001).3. AfK 01 (IWINd)
Attachment B
47
United States Deparbnent of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin, TN I
(b) (6)
Mine ID
Mine Citation/Order
U.S. Deoartment of Labor Mine Safety and Health Administration
(b) (6) (b) (6)
(b) (6) (b) (6)
A five gallon container of solvent located in the Quality Control lab was not properly labeled so as to indicate the contents. Should a miner miss-identify the chemical and us it inappropriately serious injuries would occur. The solvent had a flammability of 2 and an approved respirator must be used if ventilation is not sufficient and if mists are generated.
I
10. G...,;ty: A Injury or lllnesa (/las) (il): No u..lihood
c.1llle30CFR of Palt/Seetion
Reuonably l.ilely
47.4la
0
Unlikely
l!i'J
n
Iii!!
Highly Likely
0
Oc:cunad
U
Fatal
No Lost WCIIIcd;~ys
Yes
0
0
Lost WCIIIcd;tys Or Res1ricad Duty
Pe111B*111y Disabling D.
0
0
O
B. low
C.Moarale
~mber of Perso.. Af'rllcled:
001
11. Negligence (check one) 12. Type of Action 14. lnillal Action A Citation 0
lii1!
D. High
0
E. ReddiSa Disreg81d
0
MoDe Yr
I 04a
B. Order
13. Type of lsauC~CB (Cheek one)
0
C. Safeguard
0
D. Wrtllen Notice
0
E. Cilallon/
Order Number
F.DU!d
15. Aree or Equipment
18.
(b) (6)
B. T1me (24 Hr. Clock)
(b) (6)
container was labeled
(b) (6) (b) (6)
(b) (6)
(b) (6)
MSHA fctm 70011oS, Apt 01 (rtviSid) In IOCIIIIIanc:a wlllllllll pi'OWISianl Clf111t Smllllulln81S RIQIIIIby Enlrlrcemenl Faimeu N4 Clf 1M, the &nil Bullnns AdminiJirlion hu establlllted • - &mall lusinMI alldAgriCII!Iult ~ Ombudtmln alld 10 Regionel Famea BI*CIIIO reoeiVe- fran lrMII~Mine~Ma llllaut f8dllll agenc:y wlshfDarnmenton IIIII en'-1-afMSHA. iQI rftallcaU 1..tla.R£G.FAIR (1.ua.7344:Mn, ar-11111 ClrnlludlrnM at SIMI llulinN&ArlmillillrllliCrl. Olttatol.lhaNIIiaral Ombudlman. 4013111 SIIMI. $W MC 2121l, w.llirlgtlln, DC 21141t. nale, - · IIM,_rfllht to lilea - - . t willllheOrnllulllmM il irl acldiiiOIIIDq -"-VWIIIIY '-·lnc:IUrllnO the right to oonlellcitiiiOrlllllld prapGied , . . . _ lllld ~ • hMinll lllfln lha Ftclnl lolne Sftllr n 1!81111 ....,CorllrniiAirl
. - n t - . Tile Ombucllrnan - l y - a t a l ill1lllelrnlriiiiCIMIIeiMI- MCII egerq'l resporlliltl-lllllllllllluiNU.
r,.,..
Attachment B
48
United States Deparbnent of Labor Mine Safety and Health Administration Office of Accountability District
(b) (6)
I MNM South East
Field Office
I Franklin. TN I
Mine ID
Mine Citation/Order
U.S. Deoartment of Labor Mine Safety and Health Administration
(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
The solvent known as Bioact ae-o was being stored in an unapproved safety can. The storage container it was being stored in did not have a spring loaded lid to allow built up vapor release. The chemical in question has a flammability rating of 2 and according to the MSDS published by the manufacturer one must avoid sparks, and open flames with this product. Ventilation required should be mechanical ventilation to control vapors according to the MSDS.
9. VIOlation
B. Section
or Act
c. PalfiSedicn or
Tllle30CFR
56.4402
No lbllload B. Injury or illnQI could ,_ SO 1111 expected to 1111: C. Slgntrant and Substantial: 11. Negligence (c:hack one) 12. Type of Aclicn 14. 1nilia1Adlon A. Cilation [i
0
Unlllcely
ria
Reasonably Ukely
0
%1
Highly Likely
0
Occ:urred
n
001
No l.o&t w...o."-Yes
A. None
--·r•
0 0
1.mt Wotlcda- Or Restrid8d Duty ~
,_
0
B. Low C. Moderallt
D. Number of PeiSOIII At'llcDd:
{i2l
D. High
0
0
Older
E. Rac:kless DISregard
0
104a
13. Type of lasuanc11 (checll one) C. Safeguard
Citation li2l
0
sar.guard
0
Wriltllln Notice Mo Da Yr
0
a Order 0
0
D. Wrilllln Notice
0
E. Cilallonl Older Number
F. Dated
15. Anla or Equipment
(b) (6)
B. T1me (24 '"'"· ClOCk)
(b) (6)
(b) (6) (b) (6)
Attachment B
49
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin, TN I
Mine ID
(b) (6)
Mine Citation/Order
(b) (6) (b) (6) (b) (6)
(b) (6)
The 14 inch exhaust fan loca in the outside of the building within nine inches of the doorway had four inch louvers which opens during operation exposing unguarded fan blades to miners using the stairs to enter or· exit the lab. The fan was approximately four feet from the top step to the exposed fan blades, and 5 ~ feet from the ground. The stairway entering into the lab was ~lso not equipped with handrails increasing the likelihood of occurrence. Should a miner contact the exposed rotating fan blades serious injuries would occur.
B. Section
of Ad
c. Paii/Sedlon or
THie30CFR
S6.14107a
No Ukelihood
0
No
Unlltely
O
Reasonably UUiy ~
Highly UUiy
o
Occurred
n
Fatal
No Lost Workdays
0
0
0
Lost WOIIIdays Or Restrk:llld Duty
0
Permanently DtsabBng
1!21
G·
C. SignifiGant and Substantial:
11. Negrogence (dleck one)
A. None
D. Number or P'el3oQ All'eGted:
001
0 0
B. low
c. Moderate
~
D. High
Cttalion l!2J
0
Older 0
E. Recklesll Dlsregatd
Safeguard 0
0
Mo Dl Yr
12. TypeofAction
14. Initial Action A. Cftatlon 0
J04a
B. Order
13. Type of Issuance (c:heck one)
Written Notice 0
0
C. Safeguard
D. Written Notice
0
E. Citation/ Order Number
F.-Dated
15. Area or Equipment
16.
(b) (6)
17. Action Ill Terminale
B. Time (24 Hr. ClOCk)
(b) (6)
(b) (6) (b) (6)
MSHAform7001J.3,AprOI(IWlnciJ 111accMiani:I!WIIIIIIepi'CMSIOIISOIJneSmallllullneiSRigUiaiDiy~Fainei&Aetof ltu esllbllllled a Naonal Small Bulineu and Agllcullure RegulllaJY OmbudSman and 10 Regional Faimess lloanls 10 receive- 11om . . . . , _ lbCiul .og.ncy enloamentiCIIOM. The Ombucl..,.,.. an~ av.-...ll1laR:IIIn8rltiCIMtiaa willies eac11 agenc:ys respansivenasa 111 small bUIInesa. If you wflh ID -..tan tile enfarl:ernentldiOM oiMSHA, ""'rnaycd f.eea.R£G.f'AIR (t .....134-3a41). lloeOmbucllmMotSin&l --~ Ollice cfllle -~ 4013rd SIIHI. SW MC .2120, W""*''IIIn, DC 20418. Pleue note, -.lhetyout riahlloftle e cammen1 wllh1111 OrnOudlman il in lldclltlon lo enyo1111rr1QIQ,... mer lww.lnducllng lhe rig!( 1 D - cilalian& Ml .....,......, ~and obllin e '-fng bofore !he Fedn!Mine 5efelv and Heellh Ravfew Coml1lisolon.
or-
Attachment B
50
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
(b) (6)
I MNM South East
Field Office
I Franklin, TN I
Mine ID
Mine Citation/Order
U.S. Deoartment of Labor
Mine Safety and Health Administration
.
'" "'
(b) (6) (b) (6)
- . . ...
(b) (6) (b) (6)
(b) (6)
entering into the Quality Control lab were not equipped with handrails. Each of three separate stairways entering into the Quality Control lab consisted of three steps rising to a height of approximately 2 ~ feet. The lab is frequented multiple times daily. The steps are subjected to ice, snow, as well as rain. Should a miner slip or trip coming down the stairs due to no handrails to hold onto while descending the stairs serious injuries would occur.
B. ConditiOn or Pracllce The staiL~ays
_ I
Conttac:lon
..... ,.,....,......
(1 030!
1
B. Section
otAd
C. PllliiSedion rl Tilllt30CFR
56.11002
Higlllr Ukety
0
Oeculted
0
Fatal
PennMently Disabling
0
0
Non
11. NegligeiiOII (check ona) A. N -
0
B. Low
0
c. Modei'IIB 0 :J
E. Cilallonl
Order Number
D. Hlgl\
li2J
Older 0
E. Recklen Dislegatd
0
Mo 0. Yr
12. TYIMI of Action
14. ln~iai.Adion
104a
B. Order
13. Type cllssuance (dledt ona)
Cila1ion li2J
Safeguard 0
Writ!en Notice 0
A.. Citation
0
0
C. Slfeguatd
0
F. Dated
D. Wrllen Notial
15. Area or Equipment
(b) (6) (b) (6)
MSHA Fonn 7000o3. Apr 01 (~
enlon:.manta:tiolll.
-·N-SIMIBuoinauandA;ri""""'-Rogulaloly0miiUCiarnanonci10~F--Io-oommentoflonlsmall---federal
ThtOmbudlman~...,.-~...._and
In--..
(b) (6) (b) (6)
~oi11M15mlll llulinesl R1011*1Y EftbCIIIIentFIImea Ad.tl11188, tile &mill lllliraiAdminisntion hu
_ _ _.._._IOamalibusinlll. fyauwiohiO""""'*"onlhe
~tll:lionaoiMSHA,yaumaycd1·811-REG-FAIR(1-t86-734-324norwritlltheO-cSmaRIIuU.a~Otllcaoi . . NaiiDnll0m!IUdlmln.-4083nl
SI!Mt. SW NC 2120, Wlohinglon, OC 2041t. tllalycu rigiiiiOtile a - w i e b the Oaallllnwl it to _olll< .... yau lilt riglll t o - citllions and P'llpOIICI panetiallllll..,.., a '-Ina bolant tl1o Fodnl Mine Safety IIIII Hull! Rafew Comnialon.
I'*H-. -·
In_..,.,
...,,__Including
Attachment B
51
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
Franklin, TN
MineiD
(b) (6)
Mine Citation/Order
U.S. Deoartment of Labor Mine Safety and Health Administration
(b) (6)
(b) (6) (b) (6)
The shaker screen had ·exposed unguarded six inch pulley wheel and motor drive belt within two inches of a grease point. The shaker screen was plugged into an energized circuit, was not tagged out. The exposed moving machine parts were within four feet from the ground and easily contacted while attempting to grease the fittings. Should a miner contact the moving machine parts serious injuries would occur.
S. Conlinualian Farm (MSHA Form 7~
0
9. VIOlation
B. Section
of Act
C. Part/Section of Tillo30CFR
56.14107a
No LbUIIOod
B. Injury or iUness could rusonab be expecc.d to be:
0
No
Unlikely
n
Reasonably Ukely ~
Highly Likely
0
Occurred
0
Fatal
No loat Workdays
0
Loat Wor1 - Cilallclls and poopoud pentiiiiM and ollllin a hMitng - . . tile F - Mine S;ltlly and Heall1 Review Cammlaion.
Omi--AMudy ...........nl.......me!CoctiviCi.. andlltnOIICI1_..,...._,ai..,.UIDIIIIOII-ns.
"*· - ·
ot-
BUlin- Rtglllataly EnfenllmeniF-AI:I~1!1111, lhe SniiiBUSIIIIUAdmlniSiralllln haS
Attachment B
62
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
(b) (6)
I MNM South East
Field Office
I Franklin, TN I
Mine ID
Mine Citation/Order Continuation
U.S. Department of labor
Mine Safety and Health Administration
(b) (6) (b) (6) (b) (6)
(b) (6)
(Contllldor)
C~ange
From
To
56.14207
9. C. Part/Section
56.14101a2 Reason The wrong standard was entered
See Con"""'tiOn Form
C. Vacated
D. Tenninated
..(, E. Modified
(b) (6) (b) (6) (b) (6) (b) (6)
Attachment B
63
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
I MNM South East
Field Office
I Franklin, TN I
Mine ID
(b) (6)
]
Mine Citation/Order
U.S. Department of Labor Mine Safety and Health Admlnlstratkln
(b) (6) (b) (6)
(b) (6) (b) (6)
The electrical contractor had a nine inch side grinder which operates rpms stored in one of the utility truck compartments without a guard installed. The nine inch grinder had a grinding wheel mounted on the grinder and was available for use. Should a miner contact the unguarded grinding disc or have a piece of disc break off and strike the·miner or another miner serious injuries would occur.
B. SeciiOft
of Act
C. Part/SectiOn of
Tlii830CFR
S6.14107a
No LikeiiiiOoll
0
0
Unlikely
0
~onably Ukely !ltJ
Highly UQiy
0
. Oecunecl 0
Fatal
No lost Wolkdays
Lost Wollcdays Or RestriCI8cl Oily
0 0
Perrnanenlly Dilllbllng ~
0
c. Slgnllant and Substantial:
11. Negligence {clledl one)
12. Type of Ac:tioft
14. lnillal Adlon A. Cilalion 0
Yes
&11
NoD
B. LawO
C.Moderale ~
D. Number of Pellons Nrectect.
0. High
001
Written Notice
MoDa Yr
A. None
0
E.Rec:llleu~C
I 04a
B. Order
13. Type of ISSUaiiCII (CIIeck one)
Citation ~
Order
0
Safeguard
0
0
O
C. Safeguard
0
D. Written NotiGe
0
e. Citation/
F. Dalllcl
Order Numbet
15. Area or Equipment
(b) (6)
17.ActtontoTerminate
(b) (6)
The grinder was removed from the mine site permanently without abating the violative condition. Should the grinder be brought to any mine site without first aba the violative condition it would be an (b) (6) (b) (6)
(b) (6)
(b) (6) (b) (6)
Attachment B
64
United States Department of Labor Mine Safety and Health Administration Office of Accountability
District
(b) (6)
I MNM South East
Field Office
I Franklin, TN l
Mine ID
U.S. Department of Labor Mine Safety and Health Administration
(b) (6) (b) (6) (b) (6) (b) (6)
Continuation of 17. Ac:tlon ID Tennlnate
unwarrantable failure to comply with a mandatory standard.
See~Fonn
0
n C. Vacated n 0. Terminated n
(b) (6) (b) (6) (b) (6) (b) (6)
E. Modified
Attachment B
65
United States Department of Labor Mine Safety and Health Administration Office of Accountability
(b) (6)
District
I MNM South East
Field Office
I Franklin. TN I
MineiD
Mine Citation/Ortler
U.S. Department of labor Mine Safety and Health Administration
(b) (6) (b) (6) (b) (6)
A contractor was observed walking on an icy at the stairs at the primary crusher complex located in the plant. approximately ~ an inch thick and covered the 21 foot square walkway of the floor leading to the stairway accessing the crusher control room. The miner was on the icy landing and attempting to cross the ice to the stairway. An oral 107 (a) imminent danger order was issued to Norvall Russell, lead-man at 1550 on this date. Citation No. 8545214 is being issued in conjunction with this order.
(b) (6)
I
10. Gravity: A. Injury or Illness (has) (is):
B. lnjuly or illnea could ntlsonably be elqllld8d to be:
B. Section
of Ad
I
CJ
Un!Dtely
See eonan..uon Form !M6I1I' F011117CJ00.3a)
0
c. Tllle30CFR ol Part/Section
Reasonablylikely
No llke6hood
U
0
Occurred
0
Fatal
No lost WOIIOng
"•·- • .. -v
!l1e right 10 conteot Clllll""'_,,
(b) (6)
(b) (6)
(b) (6)
Attachment B
73
United States Department of Labor Mine Safety and Health Administration Office of Accountability District MNM South East Field Office Franklin, TN
MIDeiD
(b) (6)
Mine Citation/Order
U.S. Deoartment of labor
Mine Safety and Health Administration
(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Be. Writlan Notice ( 103g)
(Conlrac;tor) .
Michael Lawrence an employee of Portland Collision Center had not received the required Site specific training before conducting work on tha mine site. The service worker was not accompanied by a trained miner. The operator is hereby ordered to withdraw Michael Lawrence from . the mine until he has received the required training. The federal Mine Safety and Health Act of 1977 declares that·an untrained miner is a hazard to himself and to others.
See ConMuaUon form (MSHA Fonn 7000-Ja)
B Sed1on of Ad
C. Part/Section of Title 30 CFR
46. 1la
No Likelihood No Lost WoJln. DC 2~16 Please n01e. lloWvve<. 111at your nghttotw. a comment Will\ llle Ombudsman" in adclibon to anyolhet rights you mayha11e. tncludlr!Q tt>e right to contest ettollons and propoud penalties ano obtain a neanng befo-e the Federal Mtne ~atety and Heallh Review Commlos1011
-.........~'"Itt
R~ulalory
Attachment B
74
United States Department of Labor Mine Safety and Health Administration Office of Accountability
(b) (6)
District MNM South East
Field Office Franklin, TN
MineiD
----
Mine Citation/Order
U.S. Department of Labor
Mine Safety and Health Administration
(b) (6) (b) (6)
(b) (6) (b) (6)
The roadway entrance to the mining property maintained by the mine operator had areas along the sides of the roadway with drop-offs sufficient to cause vehicles using the roadway should they over-travel the roadway to overturn. There are multiple trucks and vehicles using the road\o~ay daily and there have been periods lately of snow and freezing conditions which would cause the roadway to become more hazardous. Should a vehicle over-travel the roadway in one of the areas .where the drop-offs are located and overturn serious injuries would occur.
See Can1Jnua110<1 Form (MSHA Form 70QG.Ja)
9. Violation
B. Section
oiAct
C. Part/Section of rrtle 30 CFR
56.9300a
N'? Ukefihood
Unfikely
Reasonably likely "
Highly Likely
Lost Workdays Or Restricted Duty ·· '
C. Significant and Substantial: 11. Negfigence (check one) 12. Type or Action
14. Initial Action
Permanently Disabling
0 . Number of Persons Affected:
Fatal .;.
Yes "
No
001
Wntten Noli ce : ..
A. None
B Low
C. Moderate
V
0 . High
C~ation
E. Reckless Disregard Order Safeguard _
F . Dated
104a
B. Order C. Safeguard
13. Type or Issuance (check onet D. Written Notice
.,;
A. Citation
E. C1tabonl Order Number
Mo Oa Yr
15. Area or Equ1pment
16. Termination Due
(b) (6)
B.
nne (24 Hr. Clock)
(b) (6)
17. Action 10 Termonate
(b) (6)
(b) (6) (b) (6)
MSHA Fom1
111e l)lovls10ns 01111e Small Business Regulatory Enforcement Fairness Aa o1 1996. 1ne Small BUSJneSt Admlnostrebon has eSiablished a Natiuo ... ~"- ou..,,.....,... _ ......... and 10 Regional Fai11'181S Boards to 11!C8M> comments"""' smlllll>u!linessee about federai~~Qency enforcement actions. The Ombudoman annually """luot.. enfort:ement adi'lltlel and !ales each agency's riOSpOI'Sivenna 10 omal ~usiness nyou wah to ccmment on !he enro!Cement actions of MSHA. you may caiii-888-REG-I'AJR (1-e88-73-4-3247]. or write lhe Ombud!I!Nn ot Srnaa Business A1mlruslr.lll0n. Ofllce o1 h NaiiOnal Qmbudsman. 409 Jrd Street, SW MC 2120. Wasllang1on. DC 20418 Please nota. however.ll1al your right lO file a commeftl wolh the Ombud11118J1 is on addition 10 any olhe< nghU you may have.lndudlng llle r.ghlto contest co ll~ons and prOI)OieD~aon a h~anr>g befcre llle Federal Mine Sarety and Heao R...,i_ Commission. lh
""""""""Ombudsman
Attachment B
75
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
(b) (6)
I MNM South East
Field Office
I Franklin, TN I
Mine ID
J
Attachment B
76
United States Department of Labor Mine Safety and Health Administration Office of Accountability
District
South East
I Field Office I
Franklin, 1N
MineiD
(b) (6)
Citations with questionable evaluations
Type Issue
30CFR
S&S
Likelihood
LD
(b) (6)
1 Mod
The area around the under crusher tail piece was littered with mud two ladders screens and come along. The area was about 4 feet wide and 6 feet long. This area would be used to clean or service the under crusher This condition created and fall hazards to Comment - The na"ative indicates that a higher gravity, likelihood and negligence could be 1uscmea. Information should include exposure and managements mitigation to support the evaluations selected.
(b) (6)
Type Issue 104(a) Citation
Persons
30CFR
56.12008
S&S N
Likelihood
UL
Fatal
1
Mod
The 220 volt energized power cable at the 5 and 1/2 inch cone had about 6 inches of inner conductor exposed as it entered the junction box. The cable was powering the lights and heater at the cone crusher. This condition created a shockl burn hazard to employees.
Comment- The na"ative does not appear to enough to support The citation/documentation notes for this violation indicate this condition was covered in mud which may have made it difficult to determine the actual condition of the cable.
(b) (6)
104(a) Citation
R
PO
THE UPPER DOWN TO THE PIT HAD AN AREA ABOUT 120 YARDS IN WHICH HAD NO BERM TO PREVENT THE TRUCKS OR FRONT END LOADER FROM RUNNING OFF THE ROADWAY AND OVERTURNING OR STRIKING THE HIGH WALL. THIS AREA EXISTED JUST AFTER A CURVE IN THE ROADWAY WHICH INCREASED THE HAZARD. THE EUCLID R-50 HAUL TRUCKS SEVERAL TRIPS EACH DAY ON THIS ROADWAY. THIS CONDITION CREATED A OVERTURN OR COLLISION INTO THE HIGHWALL TO
Comments_ The na"ative does not provide enough detail to determine what the actual hazard was in relation to the violation issued. The citation/documentation notes do describe a three foot ditch along the road way between the road and highwa/1. This information could be used on the citation to support this violation. The evaluation on negligence appears that it could have been marked higher due to the obvious and extensive nature of this condition. The last statement (highlighted) appears to be in this na"ative. Examinations records could be useful to determine as well.
Attachment C
77
United States Department of Labor Mine Safety and Health Administration Office of Accountability
District
South East
Field Office
l
(b) (6)
Franklin, TN MineiD
Citations with questionable evaluations (Cont.)
Type Issue
30CFR
S&S
Likelihood
(b) (6)
R Fatal 1 Mod and bolted coupling on the speed reducer on the tunnel conveyor was not guarded. Adjacent to this the self cleaning tail pulley on the crusher run conveyor was not adequately guarded. All this was with seven feet of an area guard that was easily removed. The area is accessed for general maintenance and to grease. There is a grease line about two foot inside the area guard. This condition creates a hazard to employees of coming in contact with moving machine parts.
y
two separate pieces
in this one citation.
30 CFR
S&S Y R
(b) (6)
56.5001(a)
~5005
PO
1
Mod
• ••~ !Jac:un uumy ... .-.... w.-..:. ""~:.t:J to a shift weighted average of 1.419 mg/m3 quartz silica bearing dust
on 09/03/2009.This exceeded the Threshold Limit Value (TLV) of 0.97mg/m3 times the air factor of (1.20 ·for respirable free silica dust sampling analysis) Respiratory protection was not being used and a respiratory protection program meeting the requirements of ANSI-Z88.2-1969 was not in place. The original abatement date is for the institution of a Respiratory Protection Program. When a respiratory Protection Plan that meets the minimum requirements of ANSIZ88.2-1969 is in place the abatement date will be extended to allow the mine oper-ator to install additional and repair existing engineering control.
Comments - The naffative appears to need more mine management to support the evaluation selected for negligence. This violation also had a termination time that was the to same as the issue time. This citation was not extended or terminated
Attachment C
78
United States Department of Labor Mine Safety and Health Administration Office of Accountability District South East Field Office
Franklin, TN ·
I
Mine ID
(b) (6)
Photos
(b) (6)
(b) (6)
Attachment D
79
United States Department of Labor Mine Safety and Health Administration Office of Accountability District South East
(b) (6)
I Field Office l
Franklin, TN
MineiD
Additional views of quarry highwalls
Attachment D
80
United States Department of Labor Mine Safety and Health Administration Office of Accountability District South East
I Field Office I
Franklin. TN
MineiD
(b) (6)
Rocks observed on travel way which had fallen from the highwall, view includes observations of access to lower pit area and a bench area that is bermed off.
Pit dewatering pump and access.
Attachment D
81
United States Department of Labor Mine Safety and Health Administration Office of AccoWltability District South East
I Field Office I
Franklin, TN
MineiD
(b) (6)
(b) (6)
Ice covered decking (1/2 inch depth) were 107(a) imminent danger order issued. (Picture taken from lower stair access)
was
Shoulder along main road entering
Attachment D
mine with no berming or guard rails.
82
.JAN 17 ZD10
MEMORANDUM FOR: MICHAEL A. DAVIS Deputy Assistant Secretary for Mine Safety and Health Administration PETERJ.MONTALI @'b,._~:"rn.t~· Acting Director of Accountability(;hr Mine Safety and Health Administration ARLIE A. WEBB Accountability Specialist
THROUGH:
FROM:
~~~-~
-0
SUBJECT:
Introduction
-
MSHAOffice (b)(6) Field Office
Audit, Harlan, Kentucky,
(b)(6)
This memorandum summarizes the Office of Accountability audit of the subject field office and mine. Audit subjects included the Uniform Mine File, MSHA field activities, level of enforcement, Field Activity Reviews (FARs), Accompanied Activities (AAs), supervisory and managerial oversight, mine plans, and ~ons and practices at (b)(6) · The audit was conducted during the weeks o (b)(6) by Arlie A. Webb. Positive findings and issues requiring attention are lll~..Lu\.u::;u. in this audit report. Overview The accountability specialist traveled to the subject field office and mine to observe and evaluate enforcement activities, supervisory and managerial oversight, and mine (b)(6) - o n s and practices. Accompanying the accountability specialist w~
(b)(6)
Areas of the mine examined during the audit included all active pits, highwalls, rock drills, haulage trucks, haul roads and berms, front end loaders, bulldozers, fire extinguishers, first aid supplies, communication systems, and record books. The audit revealed positive findings in several categories, including the following: 1. the District Manager have visited numerous mines during the time period covered by this audit.
(b)(6)
1
(b)(6)
2. An interview with indicated a thorough knowledge of 'the regulations and the proper evaluation of gravity, negligence, and the number of persons affected. 3. Inspection documentation indicates thorough and complete inspections. 4. The 104{d) tracking system is well maintained and easily understood. 5. The Uniform Mine Files for underground mines have been upgraded and are in compliance with the new UMF handbook. The audit also revealed several issues that require corrective actions, including the following: 1. Evaluations of gravity, negligence, number of persons affected, and the level of enforcement do not always appear consistent with inspection notes, the narrative portion of the citation, or MSHA policy. 2. Examination of inspection records and reports revealed that 103(i) spot inspections were not always conducted in accordance with MSHA policy, in that some inspections were done on consecutive Mondays, Wednesdays or Thursdays, and other inspections were missed. Item 14 of the checklist details the mines and inspections associated with this issue. 3. There was an excessive amount of inspection time expended in the "other" category and the "travel" category. 4. There appeared to be an insufficient amount of time being spent onsite on Fridays, weekends, and on the midnight shift during FY 2009. 5. The Uniform Mine Files for surface mines still contain outdated materials and retention schedules. S&S Rate Comparison Although the S&S rate for Coal District 7 was comparable to the national average for both FY 2008 and FY 2009, the Harlan field office rate was slightly less in FY 2008 and considerably less in FY 2009.
Fiscal · . Year 2008 2009
Time and Activity Comparison
National
As illustrated in the tables below, an analysis of inspector time distribution for FY 2009 revealed that Harlan Work Groups 01 and 02 expended an excessive amount of time in the "other" category during E01 inspections of surface facilities. All three Work Groups 2
expended an excessive amount of time in the "other" category during E01 inspections of underground mines. Travel time for some mines was higher than normal, and appears to be attributed to long distances to a group of 30 to 35 mines in the Cumberland, Kentucky area. This excessive travel time adversely affected the percentage of time spent on-site during FY 2009.
Facilities
Travel
Total Percent 100.0%
Travel
WGOl WG02 WG03
Time Distribution (Percent) - EOl Inspections at Underground Mines Travel Other MMU Outby Surface Citations Citations Total Written Written Percent On-site Off-site 22.9% 21.9% 17.0% 5.1% 0.1% 100.0% 17.8% 22.8% 20.3% 5.1% 0.2% 100.0% 19.2% 27.9% 15.0% 5.4% 0% 100.0%
In addition, there appeared to be an insufficient amount of time being spent onsite on
Fridays and weekends and on the midnight shift during FY 2009.
3
Audit Results
The attached checklist addresses the findings of the audit. Positive issues as well as issues requiring action are covered in detail in the checklist.
Attachments
A.
Office of Accountability Checklist with comments, recommendations and references . Citations issued during this audit
(b)(6)
B.
1.
2. 3.
C.
72.620 77.1104 77.1104
Enforcement actions with questionable evaluations
4
United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal Dist. 7 Field Office
I
Harlan
(b)(6) I Mine ID ~
1.
Adequate
Evaluate supervisory review of inspection reports and documentation for completeness.
D
Inadequate
00
Not Applicable
D
Comments Below
See Attachment C
2. Adequate
Determine if supervisors address report deficiencies immediately
00
Inadequate
D
Not Applicable
D
Comments Below
Documentation in most FARs indicated that any report deficiencies observed by the supervisor were being identified and addressed.
3. Adequate
Determine if supervisors are visiting each assigned mine at least annually
I]]
Inadequate
D
Not Applicable
D
Comments Below
4. Adequate
Evaluate the quality of Field Activity Review reports (FARs)
00
Inadequate
D
Not Applicable
D
Comments Below
More than 30 FARs were reviewed during this audit. Most were well documented and listed activities where the inspector excelled as well as areas where improvements were needed.
6. Adequate
Evaluate the quality of Accompanied Inspections
00
Inadequate
D
Not Applicable
.
D
Comments Below
More than 30 AAs were reviewed during this audit. Most were well documented and listed activities where the inspector excelled as well as areas where improvements were needed.
Attachment A
5
United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal Dist. 7 Field Office Harlan
I Mine ID ~
(b)(6)
7. Adequate
Determine if supervisors are thoroughly reviewing mine files at least annually
[KJ
Inadequate
D
Not Applicable
D
Comments Below
11. Adequate
Determine if ADMs and DMs are visiting mines with poor compliance at least monthly
[K]
Inadequate
D
Not Applicable
D
Comments Below
(b)(6) Ll"e using Interviews revealed inspection results, accident data, and other data provided by the Program Analyst to identify mines with compliance issues, and are visiting those mines. District management is also identifying and visiting mines where the level of enforcement and evaluation of citations does not appear consistent with the nature of violations being cited.
13.
Evaluate the location, workload, and availability of specialists (roof control, ventilation, electrical, etc.) within the district Inadequate Not Applicable Comments Below Adequate [K]
D
D
14. Adequate
Evaluate supervisory and management review of 103(i) (spot inspection) tracking system for compliance with time frames
D
(b)(6)
Inadequate
[K]
Not Applicable
D
Comments Below
Although E02 inspections conducted by Harlan, Kentucky, Field Office personnel appear to be thorough, several discrepancies were noted. At one mine which was on a 15-day spot schedule, 103(i) spot inspections wc~c \..uuu.u.\..Lcu. on three consecutive Mondays (11/17/2008, 12/08/2008, and 12/22/ 2008). which was on a 10-day spot schedule, 103(i) spot At another ins ections were conducted on three consecutive Thursda s 07/16/2009, 07/'23/2009,
Attachment A
min~
(b)(6)
6
United States Department of Labor Mine Safety and Health Administration Office of Accountability District
I Coal Dist. 7 I
Field Office
I
Harlan
(b)(6) I Mine ID ~
and 07/30/2009). In addition, there were three occasions when the number of days between E02 inspections at this mine exceeded MSHA policy. (From 11/04/2008 to · 12/09/2008 = 34 days, from 03/16/2009 to 04/09/2009 = 24 days, and from 04/14/2009 to 05/06/2009 = 22 days). At a third mine (b)(6) which was on a 10-day spot schedule, 103(i) spot inspections were on four consecutive Wednesdays (07 /08/2009,07/15/2009, 07/22/2009, and 08/05/2009). In addition, there were three occasions when the number of days between E02 inspections at this mine exceeded MSHA policy. (From 10/07/2008 to 10/29/2008 = 22 days, from 12/03/2008 to 12/23/2008 = 20 days, and from 12/30/2008 to 01/21/2009 = 22 days).
Recommendation -103(i) spot inspections must be conducted in accordance with the Mine Act and MSHA policy. Time frames and the requirement that inspections be conducted at irregular intervals must be met. Reference - Section 103(i) of the Mine Act
15.
Determine if supervisors and managers are ensuring that 103(i) inspections are not combined with any other type of inspection Comments Below Inadequate Not Applicable Adequate []]
D
D
17. Adequate
Determine if supervisors are monitoring inspector time and activity documentation to ensure proper use of time by inspector
D
Inadequate
[KJ
Not Applicable
. _ I_
___,
Comments Below
See Items 14, 31, and 36.
20. Adequate
Determine if supervisors are adequately evaluating the level of enforcement by visiting each producing mine []] Inadequate
D
Not Applicable
D
Comments Below
There were enly 9 citations issued at the subject mine during all of FY 2009 where the inspector's evaluation did not appear to be consistent with the narrative_portion of the
Attachment A
7
United States Deparbnent of Labor Mine Safety and Health Administration Office of Accountability District Coal Dist. 7
I
Field Office
._I__ _ __.l H_ar_lan
(b)(6) Mine ID -
I citation or the nature of the violation.
23.
Adequate
Determine if second level reviews and Peer Reviews are used to assess supervisory review of enforcement actions
[KJ
Inadequate
D
Not Applicable
D
Comments Below
This audit revealed that the District Manager had incorporated checklists and other information obtained from previous Office of Accountability audits into the district's own Peer Review process.
25.
Adequate
Evaluate inspector/ specialist knowledge of documentation required and process for completing PKW Forms.
[KJ
Inadequate
D
Not Appli~able
D
Comments Below
26.
Adequate
Evaluate the district's process for performing Possible Knowing/Willful (PKW) reviews and initiating or denying special investigations
[KJ
Inadequate
0 '-"
Not Applicable
D
Comments Below
29.
Determine if complete and thorough inspections are being conducted and adequately documented
Adequate
[KJ
Inadequate
D
Not Applicable
D
Comments Below
30.
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 /
[KJ
Inadequate
D
Not Applicable
D
Comments Below
Inspector notes and IPAL tracking system were well documented for these surface inspections.
Attachment A
8
United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal Dist. 7 Field Office
'-------.1
Harlan
Mine ID
(b)(6)
31.
Determine that the inspector spent sufficient time on off-shifts and on weekends
Adequate
D
Inadequate
D
Not Applicable
D
Comments Below
[81
On site time on Fridays, weekends, and the midnight shift during FY 2009 appeared to be low. On average, less than 1 percent of on site inspection time for all types of mines occurred on Sundays. Likewise, less than 1 percent of onsite inspection time at surface mines and surface facilities occurred on the midnight shift (Shift 1).
Recommendation -All mines do not work 7 days per week, nor do they all work 24 hours per day. Each field office supervisor should ascertain the work schedule of the mines assigned to them and adjust inspection schedules if needed. On site time on off shifts and weekends should be sufficient to evaluate the work being performed at those times.
I
.I
I
34.
Determine if all mine record books, postings, and other required materials are examined during the inspection
Adequate
IX]
Inadequate
D
Not Applicable
D
Comments Below
36. Adequate
Determine if the amount of time expended on each inspection ·activity and area of the mine is sufficient to accomplish inspection goals
D
II
Inadequate
D
Not Applicable
D
Comments Below
lx
Time in the Other" and "Travel" categories for some inspections was higher than normal, and may be attributed to a group of 30 to 35 mines located in the Cumberland, Kentucky area. Although there is an excessive amount of travel and other time that adversely affects the percentage of time spent on-site during FY 2009, the location of mines is not under control of the field office.
Attachment A
9
United States Deparbnent of Labor Mine Safety and Health Administration Office of Accountability District Coal Dist 7 Field Office .______::,;H;..;..;ar;.;;.;la.;;;.:n_
_JI
Mine ID
(b)(6)
38.
Accompany and evaluate inspector's imminent danger run
Adequate
0
Inadequate
D
Not Applicable
0
Comments Below
39.
Check adequacy of preshift/ onshift examinations
Adequate
0
Inadequate
D
Not Applicable
0
Comments Below
41. Adequate
Evaluate operator's workplace examinations
0
Inadequate
D
Not Applicable
0
Comments Below
42.
Evaluate conditions on working section and observe work cycle
Adequate
[RJ
Inadequate
D
Not Applicable
0
Comments Below
A work cycle was observed at all pits and in both plants on this surface mine property. There are no underground workings associated with this surface mine.
61. Adequate
Examine mine map for accuracy of workings and escapeway locations
0
Inadequate
D
Not Applicable
0
Comments Below
Surface mine. Maps at mine site were accurate and up to date.
Attachment A
10
United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal Dist 7 Field Office
'--__;;,;;H;;;;;ar;;;;;lan=-____.1 Mine ID
(b)(6)
62. Adequate
Examine mine bulletin board and evaluate adequacy of all required postings
[KJ
Inadequate
D
Not Applicable
D
Comments Below
63.
Interview responsible person(s) and evaluate knowledge of emergency response, evacuation procedures, and fire fighting processes
Adequate
[KJ
Inadequate
D
Not Applicable
D
Comments Below
Surface Mine. The MET, pit foremen, superintendent, and mine managers were very knowledgeable in emergency response procedures.
66. Adequate
Determine if districts are conducting sufficient, in-depth Peer Reviews
[KJ
Inadequate
D
Not Applicable
D
Comment§ Below
This audit revealed that the District Manager had incorporated checklists and other information obtained from previous qffice of Accountability audits into the district's own Peer Review process.
68 . 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.
[KJ
Inadequate
D
Not Applicable
D
Comments Below
71.
Determine if Peer Reviews accurately reflect and evaluate MSHA activities at all types of mining (underground/ surface/ surface facilities) within the district Adequate [KJ Inadequate Not Applicable Comments Below
D
D
Attachment A
11
United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal Dist 7 Field Office
'---____;;,;"-'-------'
(b)(6)
Harlan
Mine ID
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
75. Adequate
Evaluate approved training plan after discussion with miners
0
Inadequate
D
Not Applicable
D
Comments Below
Training records were in good order. Interviews with miners indicated that training was effective.
77.
Evaluate the two most current completed E01 (regular) inspection reports (two quarters) ·
Adequate
0
Inadequate
D
Not Applicable
D
Comments Below
Inspection reports, documentation and tracking maps indicate that complete inspections are being conducted.
78. Adequate
Ten most current completed E02 (103(i) spot) inspection reports
0
Inadequate
D
Not Applicable
D
Comments Below
With the exception of issues mentioned in Item 14 above, 103(i) inspections conducted by Harlan field office personnel appear to be in compliance with applicable policies.
79. Adequate
Citations, orders, and safeguards issued during previous two quarters
D
Inadequate
0
Not Applicable
D
Comments Below
Attachment C contains examples of citations where the level of enforcement, S&S determination, likelihood of occurrence, number of persons affected, or negligence
Attachment A
12
United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal Dist. 7 Field Office
IL_=-:Ha=r=:;la;;;;;.n_~l Mine ID
(b)(6)
determinations do not appear consis~ent with the inspector's notes or the narrative portion of the citation cited.
Recommendntion - Supervisors and managers should ensure that inspection personnel are properly documenting and evaluating the degree ofgravity, exposure to the hazard, and the mine operator's negligence. Reference - Citation and Order Writing Handbook for Coal and M-NM Mines (PHOB-I-1), Chapter 4 - Citations and Orders
80.
Determine if 104(d) tracking system is in place at the office being audited, and is being kept up to date Comments Below Not Applicable Adequate [RJ Inadequate
D
D
81.
Determine if all plans and documents in the Uniform Mine File are legible, and up to date
Adequate
D
Inadequate
[RJ
Not Applicable
D
Comments Below
Several UMF books examined during this audit and were found to contain obsolete or expired plans. One surface mine book contained a bath house waiver, even though the mine operator had built a bath house more than a year prior. Interviews revealed some confusion regarding responsib~ity for inserting/removing materials in the UMF, and purging of obsolete materials.
Recommendntion - Although not required by current regulations or MSHA policy, the Office of Accountability recommends that, when possible, a mine map should be obtained and placed in the surface UMF to enhance the inspector's ability to perform inspections. In cases where plans must be sent to the district for additional review, a copy of such plans should be maintained in the UMF during this time. Reference - Uniform Mine File Procedures Handbook (PH09-V-09), Chapter 1, Sections E, F and G.
Attachment A
13
United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal Dist. 7 Field Office
'-_..::..;==-----'
Harlan
Mine ID
(b)(6)
85. Adequate
Determine if miners are adequately trained in the provisions of any new plan prior to its implementation
0
Inadequate
D
Not Applicable
0
Comments Below
Interviews with miners revealed that new plans and plan revisions are discussed during safety talks prior to those plans being implemented.
87. Adequate
Determine if district management reviewed the final version of all approved plans
0
Inadequate
D
Not Applicable
0
Comments Below
Information obtained during close out conference with District Manager, ADM, and supervisors.
92. Adequate
Determine if a copy of the most recent plan is provided for inclusion in the Uniform Mine File
D
Inadequate
[RJ
Not Applicable
0
Comments Below
See Item 81 above.
94.
Determine if required information is submitted in the plan
Adequate
0
Inadequate
D
Not Applicable
D
Comments Below
99. Adequate
Determine if the uniform mine file is reviewed for information related to plan adequacy
0
Inadequate
D
Not Applicable
D
Comments Below
Attachment A
14
United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal Dist. 7 Field Office Harlan MineiD
(b)(6)
102. Adequate
Determine if input is solicited from field office inspectors/supervisors, and recommendations are addressed prior to approval
[RJ
Inadequate
D
Not Applicable
D
Comments Below
Interviews with inspectors indicate a high degree of communication between the district and the field offices regarding plan revisions and updates prior to plan approval.
107. Adequate
Determine if the overall violation history, plan compliance history, accident and injury reports were considered during plan review
[RJ
Inadequate
D
Not Applicable
D
Comments Below
112. Adequate
Determine if the plan describes methods for protecting persons from falling material at highwalls and drift openings
I]]
Inadequate
D
Not Applicable
D
Comments Below
114. Adequate
Determine if spreadsheets and/ or databases provided for tracking of mine visits by supervisors and managers is kept up to date
I]]
Inadequate
D
Not Applicable
D
Comments Below
115. Adequate
Evaluate the effectiveness of management's support of, and communication with, inspectors and specialists
I]]
Inadequate
D
Not Applicable
D
Comments Below
Interviews with inspectors and front line supervisors indicated the District Manager has an "open door" policy and frequently initiates communication with field office personnel.
Attachment A
15
United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal Dist 7 Field Office '-----'-'H""-ar=lan-"-'--___.1 Mine ID
-
(b)(6)
.
117. Adequate
Are MSHA Forms 7000-1 accurately reviewed for proper information and potential violations, unsafe practices, or conditions?
[X]
Inadequate
D
Not Applicable
D
Comments Below
118. Adequate
Determine if inspectors have sufficient equipment and supplies to conduct thorough inspections.
D
Inadequate
D
Not Applicable
D
Comments Below
I8J
Due to the large number of underground mines with extensive belts, it is recommended that additional 50/50 water pressure gauges for testing fire fighting capabilities be provided.
Additional 50/50 gauges have been requisitioned by the District.
119. Adequate
Determine if adequate close-out conferences are being conducted at the end of each inspection.
[X]
Inadequate
D
Not Applicable
D
Comments Below
120. Adequate
Determine if EOl inspections at surface mines includes an observation/ evaluation of blast hole drilling, loading, and blasting
o~erations.
[X]
Inadequate
D
Not Applicable
D
Comments Below
121. Adequate
Determine if manpower at the field office is sufficient to ensure adequate, complete inspections, investigations, and other activities.
[X]
Inadequate
D
Not Applicable
D
Comments Below
As mentioned in Item 36 above, time in the "Other" and "Travel" categories for some
Attachment A
16
United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal Dist. 7 Field Office!.___.;;.;H;.;::ar~Ian=-,_,1 Mine ID
(b)(6)
inspections was significantly higher than for other inspections. A review of mine locations and travel times indicate this may be the result of a number of operations that are located on the far northeastern portion of the Harlan field office's jurisdiction, in the Cumberland, Kentucky area. The field office has no control over mine location.
Attachment A
17
United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal Dist 7 Field Office Harlan
MinelD
(b)(6)
Mine Citation/Order
u.s. DeDartment of Labor Mine Safety and Health Administration
(b)(6) (b)(6)
(Contractof)
0
(b)(6) (b)(6)
Wi\liii\Nallce (10311>
!I
The dust collection system provided for the Ingersoll Rand Highwall Drill, Co #26713, was not operating properly, visible dust was present while .drilling, the following conditions contribute' to the ineffectiveness to the drill's dust collection system. 1) The dust tubs were to short and had several holes in them. 2) The dust collection systems blowing motor was blowing visible dust. 3) There was loose dirt and dust in the cab area.
I
10. Gmfty:
A lnjuly or far- (haa) (la):
c. Ti111130CFR of PaltiSedion
!ill !ill
72.620
No t..uc.lllload 0
No Loll
Unlikely
0
R8aGMIIIy Likely
Hfllhly Lllcely
D
Ocx:umlcl
D
FNI
B. Injury or lllnea could !OII!b!y be !Xf!!ICI!d to be: c. Slgnillc:anland Sullellntill:
w--.. D
--·-
Loll WCIII!daya Or Rellricled Duty
NoD
A None
I
Pennanlntly DilabMn;
0
0
D. Number of,.._ All'ecllld:
001
11. Negligence (c:Mck one)
0
B. Low
0
c. Modenlle !ill
D
E. Cltationf Order Nurnllr
D. High
D
E. RKklaa Dfllegard
D
Mo
12. Type of Adlon
104(a)
13. Type ot 1uuana1 (c:Mck one)
14. lnlllal Adlon A Citation D B. Order
15.,....«~
0 c. Sallgvard 0
F. Diad
oa
Yr
D. Wrttten Noliaa
(b)(6)
17. Adlon to Term~Mee
B. 1lme (24 Hr. Clock)
(b) (6)
MoDI Yr
I
B. 1lme (24 Hr. Clock
(b)(6)
(b)(6) (b)(6)
Attachment B
18
United States Department of Labor Mine Safety and Health Administration Office of Accountability
(b)(6)
District Coal Dist. 7 Field Office Harlan
MineiD
Mine CltationiOrder
u.s. O.O.rtment of Labor Mine Safely and Health Administration
(b)(6) (b)(6)
(b)(6) (b)(6)
•· ~ar . - . -
:onlraciDr)
8a. W-Nallca (1Q3i)
(
J
Combustible material in the form of oil and grease was being allowed to accumulate on the deck area of the Ingersoll Rand Highwall Drill, Co # 26713.
I
10. GniVity. A. lnJIIIY or lllnela (hal) (•);
No Lllellllood
c. lllle30CFR of PMISectlon
n.ll04
0
Ooc:umld
0
FIIIIO
YeeO
11. Negligence (dlec:k _ ,
A. None
I
aLowO
D. Number of .....,. AIJtclilcl:
001
0
c. lloclef-.
0
~
D. Hlgll
0
E ,_.... Dlngarll
0
Molla Yr
12. Type of Action
14. lnlllll Adlon A. Cllllllan 0
104(a)
B. Onler
13. Type of lstu8la (dlec:k _ ,
C. Sdlguard
0
0
E. Cilationl
Order Number
F. Dllecl
D. Wrtllln Nalloe
16. TennlnlllonDue
, ... . . _ Yr _.. .(b)(6) .. -
I a Tme (24 Hr. Cloc:k)
(b)(6) -
I
17. AcllonlliT~
18.
Tennlnal8dl- ... ._.. ~ .........
(b)(6)
Molla Yr
I
~ Time (24 Hr. Cloc:k
(b)(6) (b)(6)
Attachment B
19 .
United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal Dist. 7 Field Office Harlan
MineiD
(b)(6)
Mine Citation/Order
U.S. DeDartment of Llbor Mine Safety and Health Administration
(b)(6) (b)(6) (b)(6)
(b)(6)
Combustible material in the for,m of oil was being al the floor area of the Caterpillar 988F Loader, Co #2ZR1553,
I
C. Slgnifant and SUbllllnlill: Y•
See Canlfnullllln Fonn (lot8IIA Fonn 71101).3e)
0
c....JtiSedlon of TIIII30CFR
Reamllbly Likely
n.u04
0
0
Highly~
0
Occumld
0
Fa&ll
LollWortcd8yaOrR8Itrlc:lled0uty
0
ND
lit!
I
PerllleMnllyDINbllng
0
0
D. Numller of P8rmns Affecllld:
E Rllc:ld8la Dilnlglnl
001
c.Mocl8..o
14. Initial Adlon
D. High
0
0
r.to Da Yr
15.Aia.OC'~
A.
104(a)
Cllallon
0
B. Onler
0
C. Safaguenl
0
D. Wrtlllln Natice
0
E. CilaliOIII
F.D*d
Onler Nwnber
18. Termln1111on0ue
17. Action 10 Tennlna
~A.~: (b)(6)
~-.T~~
u---------------------~~----------------------------
,
T'me(24Hr.Ciock)
(b)(6) -~
(b)(6) (b)(6) (b)(6)
Attachment B
20
United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal Dist 7 Field Office
._I
_....::H..::a;:::.;rl=an---'1 Mine ID -(b)(6)
(Shaded areas indicate apparent discrepancies between narrative, notes, and evaluation)
30CFR No. Affected
(b)(6)
1
(b)(6)
1 Mod The dust collection system provided for the DML Highwall Drill, Co #2671 0 was not working properly, dust was visible while drilling. The following conditions contribute to the ineffectiveness of the drills dust collection system. 1) The deck bushing needs replaced. 2) Sniffer was not working properly. 3) Sniffer tubes · in them needs The cab was not ,.,nr~<•r•n
(b)(6)
30CFR
(b)(6)
77 The red 1992 Mack tandem coal truck, c/n 11, is not being maintained in safe operating condition. The following conditions exist: (1) the left rear slack adjuster measures 2 1/4", (2) the left front brake linings measured less than 1/4"in and there is an audible air leak under the cab.
(b)(6)
1 The hoist jack housing where the jack pin inserts was cracked on both sides on the Red Mack Coal Co #15 when checked. Mod .
(b)(6)
L ............ .'oodsby, Contract coal truck driver had not received the required MSHA 8 hour annual refresher training. The copy he presented of annual training had expired on 02/23/08. The operator withdrawed Mr. W from until his could be received.
Attachment C
21
United States Department of Labor Mine Safety and Health Administration Office of Accountability
(b)(6)
District Coal Dist. 7 Field Office
L l_
_:H:.::ar=lan==--___JI Mine ID
(Shaded areas indicate apparent discrepancies between narrative, notes, and evaluation)
I
~~
I
I
I(b)(6)
ll 1 •
I
•
I I
• I
30CFR 77
No. Affected 1 Mod
-
______ I
I
Mobile and stationary equipment and machinery shall be maintained in safe operating condition. When checked the skirting provided for the Ingersoll Rand/Atlas Copco DML Highwall Drill, Co.#26713 was into the it and torn in several allowi dust to
(b)(6)
(b)(6)
The right rear axle seal on the white Mack Granite service truck Co# 612 is leaking allowing oil to accumulate into the brake drum. The grease seal at the rear of the truck is leaking allowing an in the service com"'""'+""''"'"'+ accumulation to build
I
I
Attachment C
22
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I