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This is a text-only version of the document "MSHA Internal Audits, Region 9, 2010". To see the original version of the document click here.
MSHA Internal Audit Reports, 2010 Region 9 -- States west of the Mississippi river with the exception of Minnesota, Iowa and northern Missouri Table of Contents Price, UT Field Office -- p 2 San Antonio, TX Field Office -- p 49 Green River, WY Field Office -- p 124

December 07, 2009 MEMORANDUM FOR: MICHAEL A. DAVIS Deputy Assistant Secretary for Mine Safety and Health Administration PETERJ. MONTALI Acting Director of Accountability for Mine Safety and Health Administration BILLY R. RANDOLPH Accountability Specialist SUBJECT:

FROM:

-

MSHA Office of Accountability Audit, Coal District 9, Price

Introduction: This memorandum summarizes the Office of Accountability audit of the subject mines and field office. Audit subjects included, but were not limited to, the Uniform Mine File, MSHA field activities, level of enforcement, evaluations of gravity and negligence, Field Activity Reviews (FARs), MSHA supervisory and managerial oversight, mine plans, and · and practices at the mines. The audit was conducted during the week by Billy R. Randolph (Accountability Specialist) and Peter J. Director of the Office of Accountability). Positive findings and issues requiring attention are included in this audit report. Overview: The audit team traveled to the subject field office and mines to observe and evaluate areas mentioned above. Areas of Mine examined during this audit were the active main travel ways & haulage ways, areas of the main and section belt drive~tlines, section refuge chamber, approved plans, and posting?. Areas of t h e - Mine examined during this audit were records, postings, check in check out system, main travel haulage, 5th left longwall section, section ventilation controls, refuge chamber, power center, emulsion storage tank, 5th left long-wall section beltline, and section belt drive.

1

The audit revealed positive findings in several categories, including the following: 1. Interviews with field office supervisor indicate knowledge of enforcement procedures, policies, and evaluation of conditions. 2. Personnel at the field displayed a professional attitude and appearance. 3. Inspectors' notes were detailed and extensive. 4. 103i Inspections were conducted within proper timeframes. 5. CMI's conducting inspections during the accountability audits conducted the inspections in a professional manner and were knowledgable in the Agency's policy, procedure, and regulations. 6. CMI' s addressed each violation identified during the inspection.

The audit also revealed several issues that require corrective actions, including the following: 1. Citations issued for violations are not always properly evaluated regarding gravity, negligence and type of action. {See Attachment C} 2. Statement in the condition or practice such as "No Methane Present", No Ignition Source", roller not hot", "Area was wet", "Belt off at time of citation", "The machine was not in operation at time of citation", "no CH4 detected and belt sensors were in place", should not be written in the body of citation and is not according to policy {See Citation and order writing handbook pp 7}. 3. The proper level of enforcement is not always being utilized. Inspectors are evaluating the citation with the circumstances just at the time of issuance and not considering "if a miner has been, will be, or could be if normal mining operations to continue". {Citation & Order writing Handbook pp 17} - See Attachment C could not clearly define minimum criteria required to issue a citation

5. Repeat violations are not always used in the determination of negligence. 6. Record of examination refuge chambers were not being entered into the pre-shift examination record book for any of the refuge chambers at the (b) (6) Mine.
FEDERAL REGISTER VOL. 73 NO. 252, DECEMBER 31,2008 AMENDED EXAMINATION OF THE REFUGE ALTERNATIVE.)

75.360 TO INCLUDE PRE-SHIFT

RECOMMENDATION: MEMO OR PIB BE ISSUED TO ENSURE THAT ALL DISTRICTS ARE AWARE OF THIS REQUIREMENT THAT THE EXAMINATION OF REFUGE CHAMBERS BE ENTERED ON EACH PRE-SHIFT.

7. A PETITION OF MODIFICATION WAS GRANTED TO THE
REGARDING THE BELT FIRE SUPPRESSION SYSTEM. ONLY

MINE

2

REQUIRED. THE SPRINKLER SYSTEM IS LOCATED ABOVE THE TOP BELT AND IS NOT REQUIRED TO SPRAY THE BOTTOM PART OF THE TOP BELT AND THE TOP PART OF THE BOTTOM BELT. IN ADDITION, THE SPRINKLERS ARE NOT REQUIRED TO BE AT 8 FOOT INTERVALS BUT CAN BE ON 10 FOOT SPACING.

a.

CONCERN: THIS PETITION FOR MODIFICATION WAS GRANTED IN THE 1980'S.
WITH THE AD VANCEMENT OF TECHNOLOGY AND LARGER EQUIPMENT UTILIZED, AND WHAT WAS LEARNED ATARACOMA, DOES IT CURRENTLY PROVIDE EQUAL OR GREATER PROTECTION THAN 75.1101-B(B) REQUIRES?

8. FARs and AAs are not adequately documented and do not always contain sufficient constructive comments to help inspection personnel improve. Boxes were checked with no comments. 9. Hazards should be included in the condition or practice on form 7000-3 and generally found not to be included during this review. [See Attachment C] 10. Evaluations are not being used regarding continuing operations. Generally evaluated as the condition is at the time of the citation. (Darby internal review pp
40-41)

11. Two 50/50 gauges are available for field office use. With the amount of underground operations and the citations issued during the accountability audit regarding fire outlet pressure and quantity, it is recommended that additional units be provided for CMI use.

S&S Rate Comparison: Although the S&S rates for the district and field office were comparable to the national average during FY 2008, the FY 2009 rates were lower than the national average for FY 2009. S&S Rate Comparison Price, UT Field Office Coal District 9 29% 29% 22% 24%

Fiscal Year 2008 2009

National Average 35% 34%

Time and Activity Comparison: Although time distribution for EOl inspections conducted by the Vansant field office during FY 2009 are generally good, the data indicates a need to address time expended in the "other" category. Surface Facilities - EOl Inspections Other Citation Citation Total On-Site Writing Writing On-Site Off-Site

Travel

Total Percent

3

I% of Total I

10.7

*62.6 24.7 2.0 100.0 7.9 *Total On-Site Hours include citation writing on-site

Travel

I% of Total

12.8

Surface Mines - E01 Inspections Total Other Total Citation Citation On-Site Writing Writing Percent Off-Site On-Site 100.0 *63.2 18.0 6.0 7.7 *Total On-Site Hours include citation writing on-site

Travel

I% ofTotal

12.8

Underground Mines - E01 Inspections Other MMU Total Citation Citation Total OnWriting Writing Percent On-Site Off-Site Site *64.2 <1 20.4 100.0 5.54% 19.8 *Total On-Site Hours include citation writing on-site &MMU

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.

4

Attachments: A. OA Checklist with comments, recommendations and references B. Citations issued during this audit

-

Mine
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 77.204 77.204 75.1100-3 75.1100-3 75.904 75.333(b)(3) 75.333(b)(3) 75.1600-2(e) 75.333(b)(3) 75.1100-1(£)(1) 75.516 75.516 75.1100-1(£)(1) 75.1714-2(b) 75.1100-3 75.202(a) 75.1403 75.1103-11

-

Mine
1. 2. 3. 4. 5. 6. 75.220(a)(1) 75.370 75.807 75.350 75.400 75.333(d)(3)

5

C. Enforcement actions with questionable evaluations of gravity and/ or negligence

(With questioned areas shaded)

1.
Adequate

Evaluate supervisory review of inspection reports and documentation for completeness.

D

Inadequate

0

Not Applicable

D

Comments Below

A review of the prior inspection reports indicate improper determination of negligence, gravity, and type of action on a number of citations issued [See Attachment C]

2.

Determine if supervisors address report deficiencies immediately

Adequate

D

Inadequate

0

Not Applicable

D

Comments Below

The deficiencies highlighted on the citation listing in Attachment C have that been reviewed by the supervisor were not addressed or corrected.

3. Adequate

Determine if supervisors are visiting each assigned mine at least annually

0

Inadequate

D

Not Applicable

D

Comments Below

Supervisors accompany inspectors on their regular inspections and 103(i) inspections routinely.

4.

Evaluate the quality of Field Activity Review reports (FARs)

Adequate

D

Inadequate

0

Not Applicable

D

Comments Below

All FAR's reviewed had all marked the same with no comments on any of the ones reviewed.

6

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

I Coal District 9 I Field Office I

Price, UT FO

5.

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

D

Performance-based issues are not being immediately addressed, as evidenced by inaccurate evaluations of gravity an~gligence during accompanied inspections. During an accompanied visit citatio- {See attachment D} was issued for methane accumulation of over 2% and was evaluated as 104(a) Non S&S, Unlikely, No Days Lost and 7 people affected. The action to terminate this citation was written as "The longwall was shut down and the gas dropped to 2 percent of methane". Accompanied visit during e v e n t ci was issued under 75.512 but multiple violations were combine rather that separate citations according to policy. The body of the citation read as follows; "In the 10th West (a 2-entry development section off the west side of the Mains which is under construction) between crosscut-3 and crosscut-4 in what will be the future belt entry, the Operator Jailed to maintain the battery charging station located there in a safe operating condition. The re-set switch for the fire suppression system was damaged. The entrance gland conduit nut was cut down one side and no longer could serve the purpose for which it was designed. Also, the plunger rod on the re-set switch was without a knob. In addition, the grounding cable used between the charging station and the battery set being charged had 2-cuts in the outer jacket which exposed the copper conductor of the cable in question". The citation was evaluated as 104(a) Non S&S, Unlikely, Lost Work Days, 1 Affected, Mod Negligence.

6.

Evaluate the quality of Accompanied Inspections

Adequate

D

Inadequate

[KJ

Not Applicable

D

Comments Below

See #4 & 5 above.

ATTACHMENT A

7

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

I Coal District 9 I Field Office I

Price, UT FO

MineiD

Multiple

Date~

]

7.

Determine if supervisors are thoroughly reviewing mine files at least annually

Adequate

D

Inadequate

D

Not Applicable

Comments Below

Audit did not have the opportunity to review all of the mine files.

8. Adequate

Determine if Assistant District Manager is holding supervisor accountable for general mine visits, FARs, and accompanied activities

D

Inadequate

00

Not Applicable

D

Comments Below

Supervisors are conducting general mine visits and FARS but the quality of the reviews is questionable. [see 4 & 5 above and attachment D)

9. Adequate

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

D

Inadequate

00

Not Applicable

Comments Below

Not reviewed due to time constraints of the Audit team

11. Adequate

Determine if ADMs and DMs are visiting mines with poor compliance at least monthly

00

Inadequate

D

Not Applicable

D

Comments Below

How is poor compliance determined?

12. Adequate

Evaluate required monthly reports of supervisory and management mine visits

00

Inadequate

D

Not Applicable

D

Comments Below 8

ATTACHMENT A

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

I

Coal District 9

l Field Office I

Price, UT FO

Mine ID .___M_u_lti_._·p_le___. D a t e -

J

13. Adequate

Evaluate the location, workload, and availability of specialists (roof control, ventilation, electrical, etc.) within the district

~

Inadequate

D

Not Applicable

D

Comments Below

Price FO has 26 mining operations which 12 mines are classified as either Non Producing, Temporarily Idled, or New Mines. Personnel assigned to the field office are as follows; 14 CMI' s UG, 2 Mine Safety & Health Specialists, 1 Electrical, and 2 Supervisors.

14. Adequate

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

[:KJ

Inadequate

D

Not Applicable

D

Comments Below

15. Adequate

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

00

Inadequate

D

Not Applicable

D

Comments Below

16. Adequate

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

D

Inadequate

[:KJ

Not Applicable

D

Comments Below

See Attachment C

17. Adequate

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

D

Inadequate

00

Not Applicable

D

Comments Below

Time expended in the "other" category for regular inspections at surface accounts for 25% of the total time. ATTACHMENT A 9

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

I Coal District 9 I Field Office I

Price, UT FO

MineiD

Multiple

Date-

J

18. Adequate

Determine if Standard Operating Procedures (SOPs) are in place, current, and in compliance with MSHA policies and procedures

[KJ

Inadequate

D

Not Applicable

D

Comments Below

19. Adequate

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

D

Inadequate

[KJ

Not Applicable

D

Comments Below

See Attachment C.

20. Adequate

Determine if supervisors are adequately evaluating the level of enforcement by visiting each producing mine

D

Inadequate

[KJ

Not Applicable

D

Comments Below

Enforcement levels at the Price field office were below the national average for S&S elevated enforcement levels. Price FO had an S&S rate of 22% with the National Rate of 34%. (See Attachment C)

21. Adequate

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

D

Inadequate

D

Not Applicable

Comments Below

ACRI Program was not audited.

22. Adequate

Determine if District Manager is using discretion in granting conferences

D

Inadequate

D

Not Applicable

Comments Below

ATTACHMENT A

10

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

I Coal District 9 I Field Office I

Price, UT FO

I Mine ID

Multiple

Date-

J

I ACRI review was not conducted at time of this audit.
23. Adequate Determine if second level reviews and Peer Reviews are used to assess supervisory review of enforcement actions

D

Inadequate

D

Not Applicable

Comments Below

Review of the Peer Review was not conducted at the time of this audit.

24.

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

Adequate

D

Inadequate

D

Not Applicable

Comments Below

Supervisor stated that he has never had to take any actions for any reason with the inspectorate workforce.

29.

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

Adequate

D

Inadequate

[K]

Not Applicable

D

Comments Below

Fire fighting equipment not being maintained. Five citations issued 75.1100/75.1103 during the audit with one citation issued for the waterline no being charged with water and available for fire fighting. {See Attachment B Cit#'s (b) (6 ) (b) (6) See Aracoma Internal Review pp 105-112}

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

[K]

Inadequate

D

Not Applicable

D

Comments Below

Inspector's notes were detailed and extensive. Very good notes.

ATTACHMENT A

11

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

I Coal District 9 I Field Office I

Price, UT FO

I

Mine ID

I

Multiple

I

Date

I

]

31. Adequate

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

(X]

Inadequate

D

Not Applicable

D

Comments Below

32. Adequate

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

D

Inadequate

D

Not Applicable

D

Comments Below

181

Not reviewed during the audit.

33. Adequate

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

D

Inadequate

D

Not Applicable

D

Comments Below

181

Not reviewed during the audit

34. Adequate

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

[I]

Inadequate

D

Not Applicable

D

Comments Below

35. Adequate

Determine if all provisions of the MINER Act are evaluated during the inspection

D

Inadequate

D

Not Applicable

D

Comments Below

181

Inspection was ongoing therefore it was not determined if all provisions were evaluated during this audit.

ATTACHMENT A

12

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

I Coal District 9 I Field Office I

Price, UT FO

I Mine ID

..__M_u..;...lti;:.o;. ·p-'le___. D a t e - ]

36. Adequate

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

[K]

Inadequate

D

Not Applicable

D

Comments Below

37. Adequate

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

D

Inadequate

[K]

Not Applicable

D

Co:qunents Below

See Items No. 19, No. 79, and Attachment C.

38.

Accompany and evaluate inspector's imminent danger run

Adequate

D

Inadequate

D

Not Applicable

D

Comments Below

[81

Audit team travel in the outby areas and did not examine the active working places or faces at the time of the audit.

39.

Check adequacy of preshiftj onshift examinations

Adequate

[K]

Inadequate

D

Not Applicable

D

Comments Below

A review of the record books indicate hazards were reported at various times.

40. Adequate

Evaluate inspector's observation of roof conditions.

[K]

Inadequate

D

Not Applicable

D

Cori:unents Below

Inspector identified a hazard regarding loose ribs along the beltline and took proper enforcement action to correct the hazard.

ATTACHMENT A

13

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

I Coal District 9 I Field Office I

Price, UT FO

MineiD

Multiple

Date

J

41. Adequate

Evaluate operator's workplace examinations

[KJ

Inadequate

D

Not Applicable

D

Comments Below

42.

Evaluate conditions on working section and observe work cycle

Adequate

D

Inadequate

D

Not Applicable

[KJ

Comments Below

Sections were not visited during the audit. Sections were inspected prior to the audit team arriving.

43. Adequate

Observe air quantity, quality, and gas checks by inspector

[KJ

Inadequate

D

Not Applicable

D

Comments Below

Determine adequacy of training regarding roof, ventilation, and other plans 45. (interview miners). Do inspection notes document evaluation of this type training? Inadequate Not Applicable Comments Below Adequate

D

D

D

181

Audit team did not have the opportunity to interview miners during the audit.

46.

Evaluate Self-Contained, Self-Rescuer condition, storage, signage

Adequate

D

Inadequate

D

Not Applicable

D

Comments Below

I8J

Self rescuers were carried by all miners observed except for one miner not maintaining his rescuer within 50 feet of his work area. Citation issued. {See Attachment B- Cit#
(b}(6)

ATTACHMENT A

14

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

I Coal District 9 I Field Office I

Price, UT FO

MineiD

Multiple

Date-

J

47. Adequate

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

D

Inadequate

D

Not Applicable

Comments Below

Did not evaluate during the audit.

48.

Examine electrical cables on several pieces of equipment

Adequate

D

Inadequate

D

Not Applicable

D

Comments Below 181

Underground face equipment was examined prior to the audit.

49.

Evaluate several pieces of equipment for permissibility

Adequate

D

Inadequate

D

Not Applicable

D

Comments Below 181

Equipment checked previously by the resident inspector.

50.

Examine lifelines, mandoors, and related signage

Adequate

[XI

Inadequate

D

Not Applicable

D

Comments Below

51.

Examine escapeway map for compliance with regulations

Adequate

[XI

Inadequate

D

Not Applicable

D

Comments Below

ATTACHMENT A

15

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

I

Coal District 9

I Field Office I

Price, UT FO

MineiD

Multiple

Date

!IT•••]

52. Adequate

Evaluate integrity of primary and alternate escapeways

D

Inadequate

[K]

Not Applicable

D

Comments Below

3 citations were issued for failure to maintain separation between intake, belt and/ or return air courses. See Attachment B -Citation nos. (b) (6}

53.

Evaluate integrity of return side stopping line

Adequate See item 52.

D

Inadequate

[K]

Not Applicable

D

Comments Below

54. Adequate

Travel and evaluate condition and maintenance of section conveyor belt, structures, and entries

D

Inadequate

[KJ

Not Applicable

D

Comments Below

Belt air not maintained according to approved plan, Accumulations at section 6 North section belt, Air lock door not in a closed position- See Attachment B- Citation nos.
(b) (6)

55. Adequate

Evaluate conveyor belt isolation from other air courses

D

Inadequate

[K]

Not Applicable

D

Comments Below

See item #54

ATTACHMENT A

16

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

I Coal District 9 I Field Office I

Price, UT FO

Mine ID

Multiple

Date-

J

56. Adequate

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

D

Inadequate

[K]

Not Applicable

D

Comments Below

Citation issued for the water line not being charged(water shut off) ((b) (6 ) citation issued for a fire valve inoperative, {cit# (b) (6 ) , 2 citations issued for 0 ) (6) -See excessive pressure at the fire hose outlet when tested j\

Attachment B- See Aracoma Internal Review pp 105- 118
Observe and evaluate fire detection methods

57. Adequate

D

Inadequate

[K]

Not Applicable

D

Comments Below

Section 2 entry longwall retreat section beltline- cit #(b) (6 ) issued for inadequate air movement in the belt entry which in turn renders the sensor ineffective. {See Attachment
B)

58. Adequate

Evaluate cleanup of accumulations and application of rock dust

D

Inadequate
(b) (6)

[K]

Not Applicable

D

Comments Below

See Attachment B - Cit#

59. Adequate

Evaluate condition of conveyor belt drives, and fire suppression systems

D

Inadequate

[I]

Not Applicable

D

Comments Below 181

Fire suppression systems on belt drives only require one line through petition of modification instead of 2 branch lines. One line above the top belt is approved but does not require the system to have 2 branch lines and positioned to spray the top part of the top belt, bottom part of the top belt and top part of the bottom belt. In addition, the sprinklers are at intervals of no more than 10 feet which is 2 feet further than required under 75.1101-B(a).

Recommendation: A review of the approved petition of modification should be conducted to determine if_this system is providin~ at least the same or greaterprotection required by the
ATTACHMENT A 17

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

I

Coal District 9

I Field Office I

Price, UT FO

I Mine ID I

Multiple

I

Date -

]

standard. This petition was approved more than 20 years ago and through technological advancement, the belts and take-up units have increased substantially and it is unclear if it currently provides adequate protection.

60. Adequate

Determine if all required record books are adequately completed and in compliance with applicable standards ·

D

Inadequate

[K]

Not Applicable

D

Comments Below

Review of the record books reveled examinations of the refuge chambers were not being entered each shift in the appropriate record book.

Refuge chambers at these mines have been in existence for a number of years and need to be retro-fitted to adequately check the oxygen gauges to determine if they are accurate. VA has had units in their state retrofitted to meet the examination requirements.

61.

Examine mine map for accuracy of workings and escapeway locations

Adequate

D

Inadequate

D

Not Applicable

D

Comments Below 181

Audit team did not have an opportunity to review on a one shift inspection.

62.

Examine mine bulletin board and evaluate adequacy of all required postings

Adequate

[K]

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

D

Inadequate

D

Not Applicable

D

Comments Below 181

Audit team did not have an opportunity to review on a one shift inspection

ATTACHMENT A

18

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

I

Coal District 9

I Field Office I

Price, UT FO

MineiD

Multiple

Date~

J

64.

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

Adequate

I]]

Inadequate

D

Not Applicable

D

Comments Below

65.

Examine and evaluate at least one set of seals, including methods for obtaining samples from sealed area

Adequate

D

Inadequate

D

Not Applicable

[RJ

Comments Below

Audit team did not have the opportunity to evaluate one set of seals. Did not inspect seals during the days the audit team visited the mine site.

73. Adequate

Evaluate the approved roof control plan after in-mine visit

I]]

Inadequate

D

Not Applicable

D

Comments Below

74. Adequate

Evaluate approved ventilation plan after in-mine visit

I]]

Inadequate

D

Not Applicable

D

Comments Below

75. Adequate

Evaluate approved training plan after discussion with miners

D

Inadequate

D

Not Applicable

D

Comments Below

I8J

Areas of travel during the audit- did not have the opportunity to discuss with miners. Outb_y areas not in the active section were visited.

ATTACHMENT A

19

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

I Coal District 9 I Field Office I

Price, UT FO

Mine ID

I

Multiple

I

Date - ]

77. Adequate

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

D

Inadequate

[K)

Not Applicable

D

Comments Below

See Attachment C

78. Adequate

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

[K)

Inadequate

D

Not Applicable

D

Comments Below

79. Adequate

Citations, orders, and safeguards issued during previous two quarters

D

Inadequate

[K]

Not Applicable

D

Comments Below

Evaluations for gravity, negligence, and the type of enforcement action taken are not always consistent with the narrative of the citations issued. Examples of this inconsistency are found in Attachment C.

Recommendation -Proper evaluation of gravity, negligence, and level of enforcement should be addressed during staff meetings. In addition, the OA recommends that district management consult with the National Mine Academy regarding supplemental training for all inspection personnel regarding these issues.

80. Adequate

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

[K)

Inadequate

D

Not Applicable

D

Comments Below

ATTACHMENT A

20

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

I

Coal District 9

I Field Office I

Price, UT FO

Mine ID ......_.:..;;M.:..;;u;;.;.lti"'"p;;.;.le----' D a t e -

]

81.

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

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

84.

Determine if approved plans are being properly implemented and continue to be revised/ adequate as conditions in the mine change

Adequate

D

Inadequate

D

Not Applicable

D

Comments Below

l8j

See item# 59

85.

Determine if miners are adequately trained in the provisions of any new plan prior to its implementation

Adequate

D

Inadequate

D

Not Applicable

[RJ

Comments Below

Not evaluated on the one shift audit.

92.

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

Adequate

[RJ

Inadequate

D

Not Applicable

D

Comments Below

99. Adequate

Determine if the uniform mine file is reviewed for information related to plan adequacy

[KJ

Inadequate

D

Not Applicable

D

Comments Below

ATTACHMENT A

21

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

I Coal District 9 I Field Office I

Price, UT FO

MineiD

Multiple

Date

J

102. Adequate

Determine if input is solicited from field office inspectors/ supervisors, and recommendations are addressed prior to approval

D

Inadequate

D

Not Applicable

CKJ

Comments Below

Cannot be determined

111.

Determine if plans contain required safety precautions for operating remote controlled equipment

Adequate

D

Inadequate

D

Not Applicable

Comments Below

Plans appear to be adequate but the audit team did not observe remote controlled equipment since the audit focused on the outby areas.

114.

Determine if spreadsheets and/ or databases provided for tracking of mine visits by supervisors and managers is kept up to date

Adequate

D

Inadequate

D

Not Applicable

D

Comments Below

181

Did not have the opportunity to review the spreadsheets or database.

115.

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

Adequate

D

Inadequate

D

Not Applicable

D

Comments Below

181

Cannot be determined at this time - New supervisor at the Price FO

117.

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

Adequate

I]]

Inadequate

D

Not Applicable

D

Comments Below

ATTACHMENT A

22

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

I

Coal District 9

I Field Office I

Price, UT FO

MineiD

Multiple

Date-

]

118. Adequate

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

[KJ

Inadequate

D

Not Applicable

D

Comments Below

119. Adequate

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

[KJ

Inadequate

D

Not Applicable

D

Comments Below

Adequate regarding review of the documentation regarding close out conferences but a close conference was not conducted during the audit review since the inspection has not been completed.

121. Adequate

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

[KJ

Inadequate

D

Not Applicable

D

Comments Below

See Item# 13

ATTACHMENT A

23

United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal District 9 Field Office Price, UTFO MineiD Multiple Date

Mine Citation/Order

U.S. Department of labor Mine and Health Administration

The 6' by 10' chain link fence guard panel guarding the magnet dump site outoy the Rock Canyon Belt Portal is not secured on ·the 1 :ight side. guard is leaning against the magnet !-beam structure. There is an 18" opening at the bottom of the juard, between the guard and the other chain guarding.

9. VJolalion

I

.-=~

A. Health

0

18.

Section ofAc:t

I
n
No

c.Trtle30CFR of PartiSedion

77.204

10. Gfavily.
A. Injury or Illness (has) (IS):

No Likelihood

Unlikely

!i2!

Reaaonably Likely

Li

Highly Likely

0

Occunecl

0
Fatal

B. Injury or illness could fN. snnably be expactad 10 be:
C. Significant and Substentlal: 11 . Negligence (cbeclc one)

No Lost WOI1cdays Yes [ ]

Q
j;iJ

lost Wodulays Or Restricted Duty ~ ·

I

Permanently Olsabllng

0

0

D.

Nurnbef of Per.lona Alfec:tecl:
E. Reddltss Olalagllld
Safegwml

001

A. None

0

B. Low

0

C. Modetate [i!)

D. High []
Citation ~

0
[J

12. Type of Action
14. ihillii Atllbh A. Citation

104(a)
B. Older [ ] C. Safeguard

13. Type of laauanc:e (dlecll one)

Order 0

0

Wrillan Nollce

0

0

D. Written Notice

0

15. Area or Equipment

18. Tetmlnallon Due

Tine (24 Hr. Ctoclt)

17. ActJon10Tennlnato

The guarding was secured.

ATTACHMENTB

24

United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal District 9 Field Office Price, UTFO MineiD Multiple Date

J

Mine Citation/Order

There is an unguarded opening on the BC #1 belt near the magnet dump. The opening measured 7' by 5' 6". There is substantial evidence of falling coal and rock in the immediate area. Coal and rock measured up to 9" in diameter. There is evidence of footprint and trac~s directly under the opening.

9. Violation

B.Sedlon of Act

C. Pllt/Section of

lltle30CFR

77.204

.

No Likelihood B. lnjuty or illneaa could ,.... s0!18b!y be elqM!Cted to be:
C. Significant and Subelantial:

0

Unltkaly []

Rea110118b!y Likely ~

No Lost ~

n . Lost Worlcdaya Or Reslllcted Dilly litJ
0

Yes
A. None

li!l

NoD
B. Low

jo. Number of Penlons Alfecllld:
0
Older 0

001

11. Negligence (check one)

0

c. Moderlle li!l
0

0 . Hlgh
Cllallon lit~

E. Recldesa Olsregard
SafeguaRI 0

0

12. Type of Adlon
- ,:.. lnfllal Action
A. Cilalloll

I 04(a)
B. ORier

13. Type or Issuance (c:hecll one)
C; Safeguard

Wrilllln Notice []

Q

0

LJ

F. Dated--MMoril1Bat--'I'Yf'-r- -

0. Wriltlln Notlclt

1s. Araa or Eqii\Oment

B.

rrne (2A Hr. Clock)

11. AcUon to Terminate

The opening is guarded.

ATTACHMENT B

25

United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal District 9 Field Office Price, UTFO MineiD Multiple Date-

J

Mine Citation/Order

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

Just inby the North 11 belt portal the fire fighting water line is not being maintained. When the water outlet was opened, there was no water in the line. The water line had been drained and shut off last winter to prevent damage from freezing, and the mine operator had not been returned the water line to operable conditions after freezing temperatures ended in the spring of this year.
I

9. VIolation

B.SacUcnl'
of Act

C. PaotiSecllon of Tllta30a:R

75.1100.3

No UlcaUhood I]

Highly Likely

I]

OccumJd
[ ]

0
Fatal []

Pe!mananttt Dllabling

D; Number ot P e - Alfacted:
11.
~(checkone)

C. Mod8lala

lJ

D. High
Citation ~

0
Order rJ

E. ~ Dlsteganl
Safeguanl

0

12. Type of Action 14. lmtiil AdiOii A. Cilallon 0

I 04(a)
- - - -..·--·····- .............B. Order

13. ~of Issuance (check one)
E~ Cilaliuut

0

Wrlllan Nolicie

0

U

C. Sa~

0

D. Writlell Notice

0

- F: Dateteded---Mo-e•.--l¥1f'r---

Older Number

15. Atea or Equipment

B. Time (:U Hr. Cludc)

service.

ATTACHMENTB

26

United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal District 9 Field Office Price, UTFO MineiD Multiple

Date~

J

Mine Citation/Order

The water valve just outby the North tl Belt drive will not open. The belt drive is protected by dry chemical and a water sprinkler system. Area is well rock dusted.

9.\/lolalion

B. Section
dlv:t

C. PartiSec:llon of Tille 30CFR

75.1100-3

No Uke&hoOd
B. Injury or IRneSI could reasonablY be •l!fli!CI!d to be: C. SignifiCant and Sullllanllat
11 . Negligence (chad< one)

0

Unlikely [it]

Reasonably likely

0
li!il

Highly Ul!ely

0

OCCIImld

0
Fatal

No Lost Workdays

0
0

Lost Wotkdays Or Reatrided Duly

Perm.enlly Olsabllng

0

[J

YeaO

No~

A. Nona

0

B. low

D. High []
Cllallon

E. RecklesS DISregard
Safeguard 0

0

12. Tl!PII of 11ct1on
-t4:initlal Adfoo I

104(a)
B. Order

13. Tl!PII of Issuance (c:hadt ona)

2)

ORiet 0

Written Nollca

0

A. Citation

0

0

C. safeguard ' 0

D. Writtlln Nolice

0

15. Area or Equipment

~ B. Time (24 Hr. Cloc:lc)
17./lv:tiontoTennlnale

Water valve was replaced.

ATIACHMENTB

27

United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal District 9 Field Office Price, UTFO MineiD Multiple

[

J

Mine Citation/Order

Deoartment of Labor Mine Safety and Health Administration

u.s.

(Co~

aa Written Notice USI- - - _.., . - - ThtOntludlnai""""""Yedluallsenlcta!mont_and,_...,._..,........,._.IO....,._ lf~-10-onthe --oiMSHA.JOOUINIYcall1.-.u:o.fAIR(1-888-734-3247),or-thaOrnllucbtnMIISI'IIeii-Admlnill!atlan,OIIk:llollheNalioNIOm-..n,40931d She!. 'SW ' MC 21:::1, wasl>lngiDn, DC Z0410. Plcwe.-;_., <11:.1 ~ ~lo-fiht a~- theOrnllucbtnMia rn-..to""l'olllerrighll ~ ffiWf ....... Including tllerighlto_-.a ... _.cs ...,_and olllaln•tlelltlng -.lhef«lanllle aciiono ofMStiA, you may CIA 1.-.ReG-FAIR (1-888-114-3UI), or Wille llle Ombudsmon a!Smal 8111-Admllalrallon. Olllee of . . Orrlllucllrnlll409 :In! ·6not. SW· Me 2120, _,lnglon, OC 20410. PJP,ae.nollt, - · lhlil'>"fliqldbftloc..,_.wilhllle Oml>ull!!manl$1n.lddMionbl!fll'q1!)af ~~ -r-.lllduding
~,_...,~,__IO..,..--.

.-a

•• ......, _ _ _ , llleprcNIIIonosalllleSrnlll- ~E--...m F-At:I.OT181111,111e

his

lllerighlll>canoeslc-IIICipropolldpendaencl_a_ng_llleF-MineSaletfiiiCI.__~

· -

-

·

- -

ATTACHMENTB

36

United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal District 9 Field Office Price, UTFO MineiD Multiple Date]

Mine Citation/Order

U.S. DeDartment of Labor

and Health

8. Condi!Jon

or

The 20 lb. fire extinguisher located at the ' GIL-1 TG head roller was last . examined on January 2009. The fire extinguisher was fully operable. Fire fighting equipment shall be examined every 6 months .

..
10.Grallily: A. Injury or IDness (has) (is): B. ln!urf or Illness aiUid reasonably be expected to be:
C. Significant and
SubttanUa~

I
No Ukelihood ~
No Loet
Unlikely

c. PaJtfSection of
~llle30CFR

75.1100-3

0

Reaonably U.ely
-~·-

fJ

Highly Likely

0

Occu~

0
Fatal

wft....._ c.a
-~·- OCJ

lost w......._.. Or ResiJ1ctecl 0•""
u•7

0 0

""""-'''-r Disabling 0
0. Number of Pen;ons All'ecllld:

Q.

YesO
A. None

.QOO

11. Negligence (c:hecl

l n _ w i l l l . . ,.-.ofU.Smiii-~~F-Adcf18UII. _ _ . , _ . . . , . . _ _ _ _,.,

Ule-

- - The Ombudamanomua!IV--. -ltlvlllea•nd rateseadl agency's ._..;-t.tnUIII~ Kyou-toc:ammontonU.
lherfgfttt>-~n~~lnd-e,...belanlllleF-MineSafetylndHeiiiiR-~.

-aclonlcfMSHA.youmay.,.t~G-FAIR(t.a&a.734-3Z47).ar-u.OIIIbudsmlniiSmlll---.0111cearU.-Ornlludoa181.40831d

Streol, SW lAC 21:ZO,Waslington. DC 20418. ,.._,_, 110oi¥11ow.lhllt.,...IIQIIII<>ftiU~'I!IIII.. ..~Ioln-~_,-OIIM!LIIghii'ID!l..-"""·-~

ATTACHMENTB

37

United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal District 9 Field Office Price, UTFO MineiD Multiple Date-

J

Mine Citation/Order

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

A loose bad rib measuring 10' 6" long was identified in the GIL-10 TG Belt entry between crosscut tS and f6 on the walkway side where miners regularly work and travel.

9. VIOlation

B. Section

c. PaliiSection of
Tille30CFR

ofh:t

75.202(a)

No Likelihood B. Injury or iHneas C)I)Uid re• sonatl!y be expeded to be:
C. Significant end Substantial:
Yes

0
No

Unh"kely

0

.~Likely

6(.1

Highlyl..llcely

0
[J
Fatal

[i2l

0 0

I
c. Moderate !ii!l
0
E. Cilallonl Order Number

Permanently Disabling

0

D. Nlmber ot P81S0118 Afredect.

001

A. None

0 0

B. Low

D. High
Citation !ii!J

0
Order 0

E. Recklesa Dlsnlgard
Safeguenl

0 0
MoDe Yr

12. Type of Action
14. Initial Adion A. Citation 0

104(a)
B. Order

13. Type of lssuanca (check one)
C. Safeguard D. Wrillen Nollce

0

Written Noticll

0

F. Dabld

15. Area or Equipment

B. Time (24 Hr. Clocll)

F._llceldato _ _ _ _ l _ _ _ ..,cy ~~F-AI:Iolltte.tne
enton:emen~-.olloiSHA. youmayclll

lherighlto ....... ~.., ............ ,....... _and_l~-lhe~-SIIIaty..-!tleolll-~

s1r0111, sw M04120, w..st1ng1on. oc 211418. -

-·

,_. •

atSI!III -~ Olllcaollhe -Onllludlman,ID..,.,.,_an 111e

ATTACHMENTB

38

United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal District 9 Field Office Price, UTFO MineiD Multiple Date

J

. Mine Cilalion/Order

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

r•Sa. Written Notice (103g) I I On the GIL-10 TG tl belt from between crosscut il to lt2 to- just outby·crosscut
o . ..,.,. ..._ .....

(Contrador)

#12 for an approximate length of 2,100 feet there is no conveyor belt remote· start/stop switch to stop the conveyor in a case of emergency. On blet conveyors that do not transport men start and stop control shall be installed at intervals not to exceed 1,000 feet. Such controls shall be properly .installed and positioned so as to be readily accessible.

9. Violation

B. Section
of Ad

c. Part/Secllon of
Tolfe30CFR

7S.I403

No IJkelihood

0

Unlikely

0

Occuned

0
Fatal

i.ostw~OrRnlrlctedoUtv
C. Slgnific:lnt and Substantial: 11. Negligence (clledt one~

0 0

Permanently Olsabting

0

0

Yes [I

No[]
B. Law [J

D. Number of Persons Allaclecl:

A. None O
0
C. Safeguald

c. Modetate 0
0
E. Cilationf Oldet Number

D. High
Citalion

E. Recklaet Dlsteganl
Onler

0

12. Type ofAdion

314(b)
B. Old«

13. Type of Issuance (checlc one)

0

0

Safeguard ~

Wrilten Nolfce

0

14. Initial Adion
A. C~atlon

0

0

F. Daled

MoOa Yr

D. Wrillen Notice

15. Alu "Equipment

16. TennfnationOue 17. Action to Terml1181e

•

. lA. O a t -

IB. Time (24 Hr. Cloclc) -------------------------------

~~~T~~

MoDa Yr

IISIJibllohed

enforcement acllone ol MSHA. you may CIIII-888-REG-FAIR (1·888-J'34.32.47), « wrillt 11!e Omlludsmatltl Smd -.aon, Ofllce.ct lhe Ha11an11 Om-..an. 40113nl $~""'-'SW· MC ·2120.-W..hlnglon, DC '.0416. _. .,_,.., 11l>14_,:.>we-...,, ll!3t your rtgiii.ID fe aconwntnt-lhe!lnlbucllman.lll In addlUon 10.\\!IIY CIG1!!f !lgll!sJ!r..tiM!' Ill\"', ln(lpdlng lllerighiiO_IIIII.....,.andprlllllllld .......... nl-a~-lhe-MineS81'81yni-R-~

...-ac~~ona. 'llleOmbudsmon.......ay-ln . . . - - tftd - - ~owoponsi..,_IO..,.. buornea. lfyouwilhloa>rn118111on lhe

~Oimldlmlnnt 10Reglanat Fem-

-lhepro.llionsai . . Smol-~~f-Aclol1-.tlle

_ta..,...-nan.,alllillll-tboulfederal-

...

ATTACHMENTB

39

United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal District 9 Field Office Price, UTFO MineiD Multiple Date

J

Mine Citation/Order

U.S.Depanmnentoflabor
Mine Safety and Health Administration

ll. l.iOIICifiiOn

or,.,_

..... Wri118n Notice (103g)

(Contrador)

I]

A record of the annual fire hydrant testing was not maintained and available for inspection by an Authorized Representative of the Secretary.

9. VIolation

B. Secllon

C. PartiSecllon of.

did

Tltle30CFR

75.1103-11

Unltkely

0

Reasonably Likely

0 0

lf~ghly Likely

fJ

Occurred

0.
Fatal

Lost Workdays Ot Reelliclacl Duty
C. Significant and SubStantial: Yea

Pannanentty Disabling

0

0

Q

No

[.11

D. NumberofPersonsAifactact

000

11. Negligence (d!eek one) 12. Type o1 Action
14. Initial Aalon A. Cilation

A. None

0

B. LOW

0

c. Moderate
Q

~

D. High
Citation

0
OA!er 0

E. Reddea Olngald Sat'8guanl

0
·Mooa
Yr

104(a}
B. Order

13. Type of luuance (dleck one)
C. Safeguanl

RJ

0

Written Notice 0

0

Q

[j D. Wriitan Notice

E. Cilalionf Onlet Number

F. Dated

16. Termlnalion Due

B. Time (24 Hr. CloCk)

17. Acllon 1o Tennlnala

-. a r ~. Ill.., " ' I •l In ICilDI1IInce will 11111 pruoriolons d 11111 Smoll Bull.- Re;UIIaly ~ Fllmesl Pd. d Ull8, 11111 Smoll eslabllehodaH_Smoll_ondAgrtcutture~~- fORegloniii---ICI--floom.,.-J....._alloul . . - - . Thefil&aC011111*11wltlt.llle.Oadludoman b.ln--ludsmonatSmol8uslnnaAdtrinishllon. Olflce oCihe -~- 3rd

SmaiiBuslneu R..,., EniDitemeniFaneuiV:I.oC 191&, 111e S m o l l l u s f t u - hu ReGkNI Famou - 1 0 rec:eMtClOI!Imlnlsllom 5mallbuslnel_allcul_-

..._._lldlcns

St-. SoN Mr. 2120, Wuhlnvlon. DC 20418. Ploaoe note, yoorrighUo file e comrnentwiOIIhe Ombudsmat\it In addition loany oilier righls you.., hove, incl\lding lhe rightlo ....-dtaiiofDNIIte Fedenll Mine Solaly and Hoellll- Comminlon.

-.1hal

ATTACHMENTB

41

United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal District 9 Field Office Price, UTFO MineiD Multiple Date

J

(Contratll>r)
"· \.onaruun UJ

'"'"~'""'

ien Notice (103g)

I)

The stopping in 5th Left Long wall section, MMU 052-0, cross cu~ # 11 was not -l>rop~rl y· ·s~~trwi tlf s-e;lll-ant": ··The-- seams'·-of!-·the-· omega· block'· we:r:e~et •cover-ed- ~ ·· •.. .. on both sides of the seams in several locations, the thickness of the sealant was not l/8 " thick in several locations also.

See CGnllnualion Fonn (MSHA Form 7000-3aJ

0

9. V"oalatlon

B. Section ofAJ:.t

C. Pari/Seclion of Trtlo 30 CFR

7S.220(a)(l}

No

likelihood []
No lost Wor11daya

Unlikely

0

Reasonably LIJ(ely

0

Highly Ukely

0

Occurred

0
Fatal

8. Injury or il\'less could reasonab be expected to be: C. SignifiCant and SubstanUal:
11 . Negligence (check one)

0 0

Lost Workdays Ot Restricted Duty ~

Pen11anent1y Olsabling

0

0

YesO
A. None

D. Number of Persons Affed~:

006

0

B. Law

c. Madarate 0
O
E. Citation/ Order Number

D. High
Citation

0
Order

E. Reckless Disregard

0
0
MoDa Yr

12. Type of Action
14. Initial Action
A. C~aUon

J04(a)
B. Orde<

13. Type of lsauanee (check one)
C. Sal'eguard

0

0

Safeguard

0

Wri11en Notice

O

O

0

F. Dabld

D. Written Notice

15. Area or Equipment

1 . Ten11inaUan Due

8. Time (24

Hr. Clodt)

17. Action1oTerminate Sealant was reapplied to the stopping seams to the proper with and thickness. Therefore this citation is terminated.

MSHA Form 7000-3, Apr08(18Ybed) In acaonlancowilll t1>e ptiMslono afh Smoll Buslneu Regulafary EftlolcomentFalmessAclaf 1988. has C>Siablislted a NaUooal Smlll B...... and~ Reguloololy Ombudsman ond 10 Reg;Gnal F - . lloatdliD recelvttoommenllflam oma11 _,.,. enfolcOmentadionL Tbe~annualll'...-enfon:etnenl-llldralesnc:begency's~losmallaJslness. lfyouwlslrl!>.....-onll>e
entcreementacllonsotMSIIA,you""'''cal1·aaa.REG-FAIR(1.Q8.1"344~47), orwrU!III>eOmbudsmanatSmaiBusi.-Adminlalration,Oftlcaoi11MtNationoiOmbudsmon,ol093nl

Simi. SW MCZ120, wasloingtlxl, DC 20418. Please.-, -.lhalyourrightlo !ilea cxxnmentwilllll>e Ombudsmonlofn addl6orl to ony Olherrighlsyou 111111' have, inc:Uding lhe righllo conletl ci-.s lnd ~--and- a ,._inti~ the F - Mine Safety and Helllll ReYIIW CormUaion.

ATTACHMENTS

42

United States Department of Labor Mine Safety and Health Administration Office of Accountability District Coal District 9 Field Office Price, UTFO MineiD Multiple Date

J

Mine Citation/Order

(Contrac:lol)

ea. Wtillen Notice (103g) 0 The 12470 high voltage cable going in to the Long Wall section transformer, MMU" ·crsz:: o: Sth· left-;-·l'ocat-ed ... ae··# · '1:2 · cross···cut·, waS·· e*Ji>esed·,to damage-.by...:.:._,.,. ~.-... -. traffic driving by. The roadway was 11 ft. wide, the transformer stuck out 11 ft .. from the pillar line. The diesel · powered 9-22 can setter was traveling back and forth in this area . The hazard is the cable did not have any significant guarding to protect it ' from being snruck by equipment traveling the adjacent roadway. The equipm~nt being moved by the area is 8 ft. wide, The operator was seated on the side away from the cable, restricting his visibility to the cable.

See Ccnlinualion Form (MSHA Form 7000.3a)

Q

9. Voolation

8 . Section of Act

C. Part/Section of
T~30CFR

75..107 .

10. Gravity: A. fnjuly 01 IHness (has) (Is):

No Ukelihood

0
0
No

Unlikely

0

Reasonably likely

B. Injury or Illness could reasona be expeded to be; C. Significant and Substontial: 11. Negligence (chedc one) 12. Type ~Action 14. Initial Action A. Citation

No Lost Workdays

Lost Worlcdays Or RestTk:ted Duty

621 621

Highly Ukely

0

Occurred

0
Fallll

Permanently Dfsabfmg

0

0

Yes A. None

1i2J

0

D. Number of Pensons Alfecled:

001

0

B. Low

0

1

C. Modetata li!)

D. High Citation

0
Order 0

E. Red 0 Located on the t4 conveyor tailpulley was observed to not be provided with an adequate guard to limit access to the pinch points of the pulley and belt. The tailpulley is about 33 inches off the ground and access can be gained from under during cleanup. In addition, the drive belts of the headpulley are exposed and not provided with a guard. A hazard exists in that without a guard to limit access to the pinch points of the pulley and belt, a person could become entangled and suffer crushing injuries or amputation of body parts.

I
10. Gravity:

c. Tllle30CFR ot P8Jt/Sec:llon

S6.14107a

A. lnjuly or I~ (llae) (II): No Ukllllhood 0 B. Injury 010.. CDUid,... No t..o.t Worlcdays son!bly be expec!!c! to be:
C. Slgnlftcant and SubllaniiK

Highly l.Jicaly

0

Oa:umld

0
Fatal

0
C.Moc~Mte

Pennanenlly Oiubllng

0

0·

11. Negligence (cheek one)
12. Type ot Acllon

v.. o A. None 0
0

B.'-- 0

litj

D. High

0

E. Rec:lclla Dllnlg8ld

0
Mooa Yr

1048
B. Older

13. Type allauance (cheek one)

1•Unlllal Action A. Cltallon 0

0

C. Sl(eguMj

D. Wrillen Notice

0

E. Cibltlanl
Older Number

F. Dated

15. Area 01 Equipment

18. TennlnallonDue
17. Ac11on to Tennlnlte

(b)(6) IA·~----Time_(24_H_r._Ciock) _(b)(6) .__,~-------------_ __

Sedlan ~Tannndon Adlon

18· Termift81ad'A. ..... ......_ -

MoDa Yr

f,IJ: Time (Z4 Hr. Clod! ~
(b)(6) (b)(6)

(b)(6)

Attachment B

22

United States Department of Labor Mine Safety and Health Administration

(b)(6)

(b)(6)

-i
I
Mine Citation/Order

!

i

u.s. DeDartment of Labor Mine Safety and Health Administration
(b)(6) (b)(6)
(Contrac:lol)

I
'

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

I
I

i

aa. Wiiiiiiii Ncllce <103g> I J Located on the #5 conveyor, an inadequate guard was observed on the conveyor head ' pulley. The pulley is not provided with a guard on one side but is guarded on the opposite side with a guard that has been altered allowing access, the • A hazard exists in that without a guard to limit access to the pinch points of the pulley and belt, a person could become entangled and suffer crushing injuries or amputation of body parts.

I
10. Gravity: A. Injury or lllnela (heal (Ia):

c. TIIIII30CFR of Part/8edlon

56.14101&

No Ukellload

0
No

Unlikely

0

C. Slgnlftc:antandSub118111111: 11. Negligence (checlk 01111)

Yes

!ill

0 0
0
E. ClbiiiDnl Order Number

I
0 . High

D. Number of l'lnlonl Aft'ectlld:
E. Reddlla Dllllllganl

001

A. None

0
0

8. Low

0
Order 0

0
MoDa Yr

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

104a
8. Order

13. Type o f - - (check 01111)

Clllllon lilJ

Safeguard

0

Wri118n Notice 0

0

F. Dated

C. Safeguard

D. Wdlllln Notice

15. AIM 01 Equipment

(b)(6)

B. Time (24 Hr. Cloc:k)

(b)(6)

18. Tennhad'A. ..... _ ......_

MDDa Yr

Ia.

Time (24 Hr. Clock

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

(b)(6)

Attachment B

23

United States Deparbnent of Labor Mine Safety and Health Administration

(b)(6)

(b)(6)

Mine Clta11on/Order Continuation

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

(b)(6)

=f-

(Co~

The area in question was barricaded off and preparations made to fabricate and install adequate guarding.

See Conhlatlan .Fonn

0

(b)(6)

Time (24 Hr. Clock)

(b)(6)

I0

C. Vacallld

0

D. Tennlnallld

0

E. Madlllllcl

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

Attachment B

24

United States Department of Labor Mine Safety and Health Administration

(b)(6)
MNMSouth

(b)(6)
j

'

Mine Citation/Order

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

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

~--3111---+.,-,~--'""""'S-g:nt_Number___...;;-==-· (b)(6)
(b)(6)
811. Wrlllan

(b)(6)

Locate · · i1dei' the· ecorldary· Shaker( Housej. an inadequate guard was obs~rved on the #11 Conveyor tail pulley. The pulley is guarded on the opposite side but not on the side above the iS conveyor. A hazard exists in that without a guard to limit access to the pinch points of the pulley and belt, a person could becq111~.• en1;a.n,gled,. ~ng , ~u~ff;;- , cr)lshin~ injufies or ~put?ttiqn of body parts.

I
10. Gravity.
A. Injury Of mn.a (haa) (Is):

C. Part/Sedion rA Tllle30CFR

S6.14107a

No Likelihood

0

Unlikely

Iii!!

~ Ukllly

0 0

Highly Ukely

0

Oc:cunad

0
Fatal

B. Injury Of 8' - aoulcl!On!bly bll expec!!d ID bll:
C. Slgnlllcant and Subllanllll: 11. Negllgenca (died! one)

No Lo1t ..........,_

0 ..--•• Vee 0 No lii!J
0
B. Law

Lolt WOII!da!/8 Or Reatltdlld Duty

Permanently Dilabllng

!ill

0

A. None

0
E. Cllatlonl Order Nlrnbllt

D. High
Citation lii!J

0
Order 0

E. Rec::klau 018reg&RI

0
Mo Da Yr

12. Type of Adlon
14. Initial Adlon A. Cilllllon 0

104a
B. Order

13. Type of lauar1CIJ (chec:k one)

Sat'eguanl

0

Wrlllan Nollce 0

0

C. Sa1eguanl

0

D. Wrlllan Nob

0

F. Dated

15. ANa Of Equtpment

18.TermlnatlonDue
17. Acllon 1D Tarmlnalll

~A.~ (b)(6)

ja.Time(UHr.Ciock)

- (b)(6)

~--T~~

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

I

18.

TarmJnaladl•,. ...,. ......,

MoDa Yr

I

B. l1me (2lt Hr. Cloc:lt

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

Attachment B

25

United States Department of Labor Mine Safety and Health Administration

(b)(6)
MNM South Central

(b)(6)
I
~

i

! !
Mine Citation/Order

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

(b)(6) (b)(6)
8. Condition or Praallee

Sa. Wrillrln Nallee (103p)

D

Located in the Secondary Shaker House, an unguarded opening was observed that is intended for access to a crossunder to the other side of the conveyor. The opening in question is adjacent to the main platform in the Shaker House as you enter it topside. In addition, a stairs landing was observed directly across the platform from the drive motor and gearbox of the conveyor. A hazard exists in that without a barrier to prevent a person from falling into the crossunder access opening or falling back onto the stairs, a person could fall and suffer injuries.

s. Vlo~~HeafthO
10. Gnlvlly:

_:8
Unllllly

I
0

c. Tllle30CFR of PartiSacllon

56.11012

A. Injury or Ja.- (hae) (Is): No lJkeJJhood 0 B. lnjuly or.._ eauld,.. sonably be expec:!!d to be: No Last WCIIkdaya

Highly Likely

0

Occun8d

0
Fatal

0
0

I
c. Modenllll 0
0
E. ClaiiOftl

Pennanently DJsabllng

0

0

D. Numberoi,..,_AW
E Recldasa DJsraganl

001

11. Negligence (llhedl one)

A. None

0

B. Low

D. High ~

0
Mo Da Yr

12. Type ol Adlon
14. lnlllll Action A. Cllatlon 0

104a
B. Onler

13. Type of 1auanc11 (c:hac:k one)

Cbrlion ~

Onler

0

Safaguanl 0

Wrill8n Natice 0

0

C. Safeguanl

0

F. Dalrld

D. W111111n Nab

Older Number

1!!. Alwa or Equipment ..

18. Tennindon Due
17. Action to Tennlnlllrl

'A.

~ Ill-TerrNnllion Aclllln

Dal8(b)(6) (b)(6)

22.Signlllln

··=::,--.mt-- -

I""'-;• I
,23.ARNumber

(b)(6)

--(b)(6) ~

MSHA Folm 7000-S. Afltoa {l8lol6l) In accon11no1 w1111J111 prooiiiDnl fl . . llmlll ~ RllgaMIIy E"llbamlllt F..._Adfl11118, . . Sind But~-. Adnrlirlllll•r hit - - . d e NalloNISiniii-CIIIAgrieulllft~~- 10Arlglorlll--·lloanlttoiiiGIIveCIIIIIWIIIfftlllllftlll...,_ _ _..801110¥ enl'al-.ntadlernl. Tl'e _..,.181p0illhei-1Diftlll.,.._ !)IIIUiilllllloCIIIIIIIaiiCII . .
S1ielrt, SW MC 2120, \\'8II*'CIIDn. OC 20418. .,_rralrt, , _ . , _,_IWtto . . . -.t-lleOillllulllr-.la In 8ddlllonlo _,_OWia)IIIU IIWY'-Iiiclurllng .. . otgliiiO- dlallanii and PftiiiCI8Id penoilllll and obCIIn. ,_.... biill:n ... Fedlail Mine Slfillr and ..... -.... CCIIiiniUICII.
~ICIIanlflloiSHA.)IIIU11111)'c:.l1.-e.REGFAIR(1.-.~.ar-lle~atSmii..._AdrorliMidllii.OIIoefllle~Oioolluollnwl.40831d

OmiJuclllnln_..,_.,..__.IICIIrllla._. __

Attachment B

26

United States Department of Labor Mine Safety and Health Administration MNM South Central

(b)(6)

(b)(6)

Mine Citation/Order Continuation

DeDartment of Labor Mine Safety and Health Administration
Vr

u.s.

(b)(6)

-

1. SUilleq i11. eonunuaon ,2. 6li8d !il 0 (Orlglnall88ue) (b)(6) ~-=~-------=~----~~----~

~
(b)(6)

~------------------------------(Conlnlc:lol)

,3. Cii8iiOIII (b)(6) OrderNumber

i
I
I
l

t

The areas in question were barricaded off and preparations made to install permanent barriers.
.

I i I I I

I

(b)(6)

e. Type ¢

lntpi!CIIon

EO 1

(b)(6)

11.S~ (b)(6)

-

(b)(6)

I0

c. Vacated 0 D. Tennil8tlcl

0

E Modlllecl

MSHAForin 70Q0.3e.""' (.........

IIIIi . . . . . .. ------(b)(6)

Attachment B

27

United States Department of Labor Mine Safety and Health Administration MNM South Central

(b)(6)

(b)(6)

j

,..
i

Mine Citation/Order

U.S. DeDartment of Labor

Mine Safety and Health Administration

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

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

'i cona111011 or l"racaca

c

811. Wrllllln Notice (103g)

I]

Located in the Secondary Shaker House, a access ladder was observed that had not been provided with handholds above the landing. The ladder is used to access a crossunder to a platform on the opposite side of the conveyor. A hazard exists in that without proper handholds, a person could loose their balance or g~ip while accessing the ladder and fall to the deck of the crossunder platform and suffer injuries.

See~ Fotm (MSHA Form 7Q00.3a)

0

B. Section of Ad.

c. Part/Section of
Tdle30CFR

56.11006

No Likelihood

0

Unlikely

1i2J

Reuonably Likely

0
li2J

Highly Ukely

0

Occuned

0
Fatal

No Lost Workdays
C. Significant and Sublltantlal:

0
0

Lost Workda~ Or Reslrlc:led Duty

YesO
A. None

I

Permanently Disabling

0

0

D. NumberofP81110naAfl'ecled:
E. Recldass Disregard

001

11. Negligence (check one)
12. Type of Acllon
14. Initial ActiOn A. Citation 0

0

B. Low

c. Modanlle 0
0
E. Cilatlon/ Order Nll"llber

D. High

li2J
0n1ar 0

0
Mo Da Yr

104a
B. Older

13. Type of Issuance (chec:k 0118)

Citation

li2l

Safaguanl 0
F. Dated

Written Notice 0

0

C. Safaguanl

0

D. Wrflllln Nollcl

15. Araa or Equipment

16. Termination Due

(b)(6)

B. Tine (24 Hr. Clock)

(b)(6)

18. Tennlna1111d A. Date

I

MoDe Yr

I

B. Time (24 Hr. Clock

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

Attachment B

28

United States Department of Labor Mine Safety and Health Administration MNM South Central

(b)(6)

(b)(6)

Mine Citation/Order

U.S. Department of Labor

Mine Safety and Health Administration

(b)(6)

-

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

(b)(6)

a. Condlllon or~

8& Wrilllln Notice (103gl

0

Located at the Hill Belt Head Pulley Platform, an access stair was observed with the first two lower steps covered with material and debris. In addition, a guard was observed to be pushed out of its proper position onto the platform area reducing the width of the platform (26 inches) by 10 inches. A hazard exists in that without safe access to the different areas of the platform, a person could slip or trip and suffer injuries.

9. Violation

I o . =a
A. Healtll
No lJcellllood

5t!.l1001

10. Gravity: A. Injury or lllnelsa (hal) (Is):

0
No

Unlikely

li2l

Reaor!ably Ukely

0

Highly Ukett

0

B. Injury or Ia- could,._ sonab!y be expec!!d to be:
C. Significant and Sublltanllal:

No lost Worlcdaya
Yes

0

0 li2l
0

I
c. MoclenJI8
0
~iii!

Pennanen!ly Dlaablilg

Occurted0 0 Fatal 0
001

D. NumberofPereoneAifldlld:

11. Negligence (check one)
12. Type of Action
14.1nltlaiAcllon A. Cllatlon 0

A. None

0

B. Low

. D. High
Citation

0
Older 0

E. Rec:ldess Disraganl
Sllt'llgun 0

0
Mo Da Yr

104a
B. Order

13. Type of llluanca (dleck one)

li2!

Writlen Notice 0

0

C. Sal'egU8Id

0

D. Wrllan Notice

E CllatiDnl Order Number

F. Dated

15. Anill or SQI!Ipmenl

18. Termination Due

(b)(6) IA.~ I

B. Time (24 Hr. Clock)

(b)(6)

~ 111-TermiMtionAdian 17. Action to Tennlnala

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

Attachment B

29

United States Department of Labor Mine Safety and Health Administration MNM South Central

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

Mine Cllatlon/Order

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

8. Condlllon or Pillc:tlce

8a. Wlillln N*- (1 03pl

Q

Located on the Hill Belt Head Pulley Platform, a area was observed that was not provided with handrails. The area in question was about twenty inches wide and in the area of a chute. Without the handrails in question, a person could become entangl.ed in the pinch points of the belt and troughing rollers and suffer crushing injuries or amputation of body parts.

I
10. Gravity: A. ln)UIY or I~ (haa) (II): · No Ukellhoocl 0 B. ln)UIY or liND cDuld ,_. sonab!y be expec:l!d to be: No LOit WOikdly8 C. Significant and Sublllanllll: Yea

c. Tille30CFR , PlltiSectlon

56.11027

Occurrld

0
Filial

fi21

No

0 0

I.08t Wortallya Or R8lllllclllcl Duty

0
,D. Numberof~AftiCiad:

0

001

11. ~ (chec:lc one)

A. NoM

0

B. 1..-

0

c. Moderal8 0
0
E. Cllldlonl Older Number

D. Hlgll

fi2l
Onler 0

E. Reck*l8 DIMig8rd
Safaguani 0

0
MoDe Yr

12. Type of Action
14. lnlllal Action A. Cilatlon 0

104a
B. Onlar

13. Type of...,_ (c::hec:k one)

Cltallon fi2l

Wrlllen N*- 0

0

C. S8fllguanl

0

F. Dllllcl

D. Wrllllln Notice

15./vea or Equipment

(b)(6)
17. Action ID Terminate

B. Time (24 Hr. Clock)

(b)(6)

18.

TermfMIIId,. ...... ......... • ....
(b)(6)

MoDe Yr

I

B. Time (24 Hr. Clock

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

Attachment B

30

United States Department of Labor Mine Safety and Health Administration

(b)(6)
MNM South Central

(b)(6)

Mine Citation/Order Continuation

U.S. D81NU'tment of Labor Mine Safety and Health Administration

i.su;'

•r

(b)(6)

-----=-----....1-

n1~cognuad0n

12·=-~>-(b)(6)

Yr

(b)(6) 13·:"'~

~
(b)(6)

L._,_.

The area of the missing handrails in question was barricaded off and preparation made to install new handrails made.

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

(b)(6)

0

C. Vac:allld

0

D. Temtlnaflld

0 E. Madllllld

(b)(6)

(b)(6)

,.

Attachment B

31

United States Dep~ent of Labor Mine Safety and Health Administration MNMSouth

(b)(6)

(b)(6)

Mine Citation/Order

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

(b)(6) (b)(6)
8. Condlllon or Placoce

lz. Time 124 Hr. Clod!)

(b)(6) (b)(6)
Ia. Wrilllln Notice 1103ji)

0

The Safety Bar of the Bobcat 753 (# 121) was found to be defective. When tested with the Safety Bar in the upright position, the equipment could be driven backwards and forwards. The test was conducted several times and the safety bar failed to function properly on .each test . A hazard exists in that without the sa£ety bar functioning correctly, a person could raise the bar to perform a task and the drive system would not be disengaged. In addition, the head lights were found to be defective and non functional.

9. Vlolalion

I

. =a
No IJkelihood

A. Health 0

I
0
No
Unlikely

c. Tltle30CFR ol Part/Sec:lkJn

S6.14100b

10. Gravity:
A. lnjwy or II~ (1188) (Ia):

0

Highly Ukaly

0

Occu1111110
Fatal

B. Injury or 111*6 could ruaonab!y be !llf!!CI!d to be:

No l..a.t Woltullya

c. Significant ancl Sullttantlal:
11. Negllgencl (check one) 12. Type of Acllon
14. Initial Adlon A. Cllallon 0

v.. 1itJ

0 0

ID.
0
c. Moderate 0
0
E. Citallonl Order Number

litJ

Numb8r ol Penlone Atrec:llld:
E. Rec:ldesa DisnlgaRI Safegla'd 0

001

A. None

0
0

B. LDw

D. High
Cllatlon

litJ
Oilier 0

0 0
Mo

104a
B. Order

13. Type ollaauanca (check one)

litJ

Wrllllln Noace

0

F. Dated

oa

Yr

C. Safeguanl

D. Wrlllen Nalka

15. ,A,. or Equipment

16. Termination Due

~I~T~~
17. Adlon ID Teii'IWiate

IA.~· I (b)(6)
MoDa Yr

B. Time (24 Hr. Clock)

-

(b)(6)

L-----------------------~------------~----------------

I

18. Tennlnallld'A. ...._ • .,..,

I

B. l1ml (24 Hr. CIOdl

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

(b)(6)

Attachment B

32

United States Department of Labor Mine Safety and Health Administration MNM South Central

(b)(6)

(b)(6)

J
!
Mine ClfatloniOrder

u.s. DeDaltment or Labor Mine Safety pi Health Administration
(b)(6) (b)(6)

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

53 (# l) was observed cleaning up material next to the Conveyor and under the #2 Hill Belt. The operator of the Bobcat was not wearing the seatbelt that was provided on the equipment. This is a hazard in that if the Bopcat came to a sudden stop, the operator could be thrown forward or out of the cab and suffer injury.

- ·1~· Type of Ac:llon
14. lnitlll Action

e.~~ IAE~

le.:,::n

I
NoD
B. Low

C. P8f!~Seciti0n of Tille30CFR

S6.14130g

I
0
c.~~
D. High Cllallon ~

D. Numlllr Df Par-. Aft'8cli.ct
E. Recldela Dlereganl

001

11. Negligence (died! one)

A.None0

0
ORier 0

0

104a
8. Order

13. Typeofl-(checkone)

Safeguanl

0

Wrill8n Nolloe 0

A. Cllatlon. 0

0

C. Safeguanl

0

D. Wlltl8n Nolioe

0

E. CllaiJonl

Order Nul'llblr

15. ANa or Equipment

18.

Tem~NIIan Due lA.

~~T~~
17. Ac:llari ID T~

Dlle(b)(6)

Ie. nn. f24 Hr. Clock)

. .

(b)(6)

~--------------~~;:~-----------------------------

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

Attachment B

33

United States Deparbnent of labor Mine Safety and Health Administration MNM South Central

(b)(6)

(b)(6)

Mine Citation/Order ConUnuatlon

6.

(b)(6) 41111111 Js

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

(b)(6)

•

1

(CdntraiiOr)

. .: ..'t·'-1:. .

s:
Retaining of operator of Bobcat in the wearing of a seatbelt scheduled for 12/17/2009.

c

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

(b)(6)

0

C. Vac:allld

0

D. Tennlnaald

0

E. Modlfted

(b)(6)

(b)(6)

Attachment B

34

United States Department of Labor Mine Safety and Health Adnrinistration MNMSouth

(b)(6)

(b)(6)

Mine Citation/Order

u.s. DeDartment of Labor Mine Safaty and Health Administra!IQn
(b)(6) (b)(6) (b)(6)
(Contractor)

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

a. Condlllon or Pnlcllce 88. Wrilllln NOilii (103p) I I The #6 Hill Belt was started up and ran. From the tailpulley area, the audible warning device could not be heard over the surrounding noise level. This is a hazard in that without the proper warning, a person making an adjustment or performing a maintenance task could become entangled and suffer injury that could result in a fatality if "the belt started without their knowledge.

9. l/1olatlon

A. Health 0

=a

B. Secllon
otld

c. PaltiSecllon rl
Ti111130CFR

S6.1420lb

10. Gravlly: A. ~wy or ,.,_ (hat) (Is): No Ukellhoocl 0 B. lnjuly could,... aonab!y be expec!!d Ill be: No Lost \'VOikd8YI

or.,_

Unllcely

0

C. Slgn111G8nt and Sub1t8n11a1:
11. NegllgenQa (check ona)
12. Typa of Acllon

Yea

!i2l

0 NoD
0

I
c. Modenlle 0
0
E. Cllallonl Older Nunar
D. High

D.

Nurnller of...,_ Atr.c:led:
E. Recldesa Dlslagard

001

A. None

0

B. Low

litJ

0
MoDa Yr

104a
B. Order

13. Type or 1auance (check ona)

14. lrritlll Acllon A. Cllallon 0

0

C. Safeguant

0

F. Dal8d

D. Wlllan Notice

15. AnNl or Equipment

· 1&. TennlnallonDue 17. Acllon Ill Tannlnalll

~A.~· _._Ia_.nne 124_Hr_.Ciock) _(b)(6) l......._____________ __ _ _ _ l (b)(6)

5ec110n 111-TerinNIIcrl ActiCn

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

Attachment B

35

United States Department of Labor Mine Safety and Health Administration

(b)(6)
MNM South Central

(b)(6)

~ i
Mine Citation/Order ConUnuation

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

I

i

(b)(6)

I
I I

· t'~'.· ~-~..~i;,J.Lf -~~. ~7 1121:q ·.-t~ken out of: service and .l.Q:I!:)eci' QUt •. Electricians • -~:~~~;f~~-.- ~P~ to: ~ns;.~n an her A~dibl~ ~~:f~~ng~~!tce.

or

were

~ -

.

~

'

.

(b)(6)

-(b)(6) I0 c.
(b)(6) (b) (6)

Vacated

0

D. Temdnatlld

0

E.l\lodllled

(b)(6)

(b)(6)

Attachment B

36

United States Department of Labor Mine Safety and Health Administration

(b)(6)

(b)(6)

Mine Citation/Order

DeDartment of Labor Mine Safety and Hd AdminlstraUon

u.s.

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

(b)(6)

Located under the #2 Hill Belt (from the Conveyor tail pulley, material was observed in the framework. This location is used as a travelway under the #2 Conveyor. No guarding was present to prevent a person from being stuck by falling material. No signage could be observed in this area warning of this condition. A hazard exi$ts in ~hat a person could be struck by the material falling from the frame work and suffer injury.

::ri]
11. NeoQaenca (check one)

56.14110

10. Gravity: A. lnjuly or u~ (hal) (II):

No Lbllhood

B. InJury or~ could-

!OI!!b!y be !X!)8CI!d to be:

No 1..o1t
Yea

w,...,..- 0
0
B. Low

c. Slgnlllcant and Substllnllll:
12. Type of Action
14. lnlllll Action A. Cbtlon 0

--·g

0

Unllllly

lit!

1..o1t w......,- Or Aeltrlcbld """" ,..,
~

. . . .,.

Reuanably Likely

-··

0

HlglllyUkely

0
Fatal

ID.
0

0

Number o f " - All'lldlld:

001

A. None

O

0
0
E. Cilallonl Order Nurnb.r

D. High

E. Reckleee Oisnlgllld

0
MoDa Yr

104a
B. Order

13. Type of ' - e l l (c:t.ck one)

0

C. Safeguerd

0

D. Wnaen Nollca

F. Dated

15.Arellor~

18. Tennlnatlon Due

I

A. DID
-

Mo Da Yr

(b)(6)

1 Tlme(24 Hr. Clod!) "·

-

(b)(6)

Sedlon 11-TIIIIIInllan Aclon 17. AI:IIOn to Termtnalll

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

Attachment B

37

United States Department of Labor Mine Safety and Health Administration MNM South Central

(b)(6)

(b)(6)

i
I

I

Mine Citation/Order

u.s. Department of Labor Mine Safely and Health Administration
(b)(6) (b)(6)

(b)(6)

-

(b)(6)

9. Violation

I =a .
~ HeiHh 0
No L.llc8111\00d

I
O
No Unlikely

c. Tllle30CFR rl PartiSec:llon

56.14112b

10. Gravity. A. Injury or IUneaa (hae) (II):

1i!!J

Reaaonably Likely

0
0

Highly Likely

0

Occumld

0
Fatal

B. Injury or . _ could sonab!y be axped!d to be:

No Lost Workdays
Yes

0
1i!!J

Lost Wol1ulays Or Re8lridlld Duly

C. Slgnlftcant and Subalantlat
11. Negllgenat (chec:k one)
12. Type of Action

0

I

0

D. Number or P8rlonl Afl'ec:lad:

001

A. None

0 0

B.l.GW

0

c. Moderalll 0
0
E. Cllldlon/ Order Number

D. High
Clta!lon

li!!J
Order 0

E. Recldlls8 DIMigald
Safeguald

0
MoDa Yr

104a
B. Order

13. Type o11sauance (chac:k one)

li!!J

0

Wri1l8n Notloe 0

14. lnHiaJ AciiOn
A. Citllllon

0

0

F. Oa1lld

C. Safeguard

D. Wrtaen NoUce

15. Anla «Equipment

(b)(6)

~ B. Time (24 Hr. Clock)

(b)(6)

MoDa Yr

I

B. Time (24 Hr. Clock

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

Attachment B

38

United States Department of Labor Mine Safety and Health Administration

(b)(6)

(b)(6)

Mine Citation/Order Continuation

Mine Safety an\f Health Administration

u.s. Department of LabOr
(b)(6)

(b)(6)

IIIII
Reuoa

1 . 1•.

mr
o

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

From
8. Condlllon Or Pradlcll

To

ModltY lhe body of die cltatioD 10 add lhe rollowiDg 10 eDd of aenta1cc em fifth row of die Jlll'l8fiPb. Tho c:leclric drive motu" (20 h.p., three pbas6 and 410 volt ) ofthl #4 cqnveyor has a rus¥ out lowor section ofit's coolfug fim guard,. Tho rus1ect out opening erxposc:a 1ho cooling fim bladcl. ,· (

Other violations observed on the same equipment.

·-

·,

see Cdlullllan Fam 0

I. 0 c. Vacad
(b)(6) (b)(6) (b)(6)
/

0

D. Termlnatlld

Iii!! E. Madlllld

(b)(6)

Attachment B

39

United States Department of Labor Mine Safety and Health Administration MNM South Central

(b)(6)

Dellartnient Labor Mine Safety and Health Administration

u:a.

or

(b)(6) 8
(

!

-

I (b)(6)I

rrrr.
(b)(6)

(b)(6)

Detects tnat arrect: sa:~:e-.;y uu \..uo:: ~:>vbcat 753 #121 were observed on 12/15/2009 by the Leadman but a record of th,e defects was not made. The records of defects that affect safety on mobile equipment are to be kept at the mine office until the defects are corrected.

111. Wiiiilti Notice c1w · a

(Conlrlclol)

r

I
C. Slgnlbnlancl8ubetMIIal: · y 81

c. Tltle30CFR ot Partl8ec:llon

56.14100d

Occumld

0
001

0

No lit]

I
c. I.40clel'* 0
0
E. Cftallonl Older Number

D. Number of ...... Allldlld:
E. - - - Dllnlglrd

D. Hlgll lit)

0 .
MoDI Yr

12. Type of Acllon

14. lntllll Adlon . .
Cilllllon

A.

104a
B. Ontllr

0

0

C. Sdlgulnt

0

F. Dltld

D. Wrlllen Notice

15. Ani& or Equiprnl!r4

18. Tennlrillloa Out

lA.- I nne (b)(6)
Yr I
B.

(24 Hr. Clacl!)

-=.L-1_ _ _ __
(b)(6)

SICIIOn 111-T~AI:IIO!I

MoDI Yr.

Ia. nne

(24 Hr. Clod!

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

Attachment B

40

United States Deparbnent of Labor Mine Safety and Health Administration MNM South Central

(b)(6)

(b)(6)

Mine CllatloniOrder

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

(b)(6)

nn~ArvAn parked on ·a Fines Barn. The wheels of the true~ was not chocked. The parking brake was engaged. The operator of the truck was out of the qab and was removing some material due to being overloaded. A hazard exists in ·that if the parking brakes' failed, the truck would runaway down the grade possibly striking a ~erson resulting in a fatality. ·

I
10. Gnwlty: A.. lnjuJy or lan.t (lla) (It):

c. Tllle30CFR ol PlrtiSecllon
Reaonlbly l.lkelr ~

56.14207

No LJceiii!OOd

0

·
No

Unlllrelr

0 .

Highly LlaiJ

0

Occurred

0
Fabll

B. Injury or!"- could,_. 80II!btt ~ 10 be:

No Lcat w~
Y•

c. Slglllllclnt Mel &alanllll:
11.Negligence(clllldlone) 12.Tp afAt:Cion

~

0

l.ollt WoMIJI

ar ~ Quty 0
D. High

0

I~·
0

Perrnanllnllr Dlllabllng

0

· lit!

Nulllt.r of..._ Alrllcllld: . ' E.Redclllallilnlg8nl

001

A.. None

0 ·

&. Law

0

C.Modenlllt. ~

0
Mo 0.

104a

13.Tp aflauanol (clllldlone)

Citation~

Older 0

Sareauenl 0
F. Dilled

Wrtlllln Nciace Q

14. lnm.l Action A.. Cbllon d 8. Order
115.

0

C. Sal'llguMI 0

D. WrllliiA Nallca

0

E.~~--

"'- ,_,_,

.Yr

A!- or Equfpmerlt
(b)(6)

...-·
:

(b)(6)

18. T~, .........~ .... --~

MoO. Yr

I

B. lime (24.Hr. Cloc:k

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

Attachment B

41

United States Department of Labor and Health Administration Mine

(b)(6)
MNM South Central

(b)(6)

Mine tltatlon/Order

Mine Safety and Heallh Admini8tratioi't

u.s. o..rtment of Labor

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

(b)(6)

•

a."""""""'.., .., _ 8a. Wrlbn N~];j I Located on the top of the Fines Tank, the elevated passageway from· the #2 conveyor to the upper work platform of the Aq-gyp Tank was covered with fine material. A hazard exists in that a person passing thro\lgh this area could slip or trip in the material and be injured.

I
c. Slgnlbnt and Subltanllal:

c. Tllle30CFR or Pall/8ecllon

S6:14107a ,.

I~· Numblrof,.._~
B.I.GW

001

0
0
E. ClllllcW Older Nunl6er

D. High

0

E. RICidlla Dlllllllld 0
F. o.t
MoO. Yr

12. TypeofAcllon
14. lnllal Acllon A. Cll8tlon 0

104a
B. Order

0

C. WlguMI

0

D. Wll*n NoiiCI

15. ~Of Equipment

(b)(6)
17. Ac11on Ill Tlll!llnllll

a. nne (24 Hr. CIDcll9

(b)(6)

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

Attachment B

42

United States Department of Labor Mine Safety and Health Administration

I I

I
I

MNM South Central

(b)(6)

(b)(6)

1

Mine CltationiOrdar

Mine

u.s. DeDertment of Labor
and Health

I l
I.,
I
i

(b)(6) (b)(6) (b)(6) (b)(6)
(Connctor) 8a. Wlflllln NOiiCit (1 Q3j) 0 SeV~al items

J..OCat:ea 011 LllO:: ~\:1-\:ln' '-<>un. ut-t--•· nOrk platform, the deck had laying on it such as a rolled up air hose, air wand, 4 foot section of l l/4 inch pipe and other· debris. A hazard exists in that persons accessing this deck could slip or trip over the items on the deck and suffer injury..

•J

9.

VIolation~~Hedh 0

_S:B

IC.~of· Tllll30 CFR

S6.20003b

12. Type

of

Ai:tlon

104a
8. Onler

14.ln111111Adlon
A. Clllllon

0

0

C. Slregulnl

0

D: Wlll8n Notice

0

E. Clllllonl Order NIIIIIW

F. Dllld

MoO. Yr

(b)(6)

8. Time (24 Hr. Clock)

(b)(6)

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

Attachment B

43

United S.tates Department of Labor Mine Safety and Health Administration

(b)(6)

(b)(6)

Mine Cltallon/Order
Secllcn 1-1/lololon Dill

u.s. DeNrtment of Labor Mine Sarety and Heallh Administration
(b)(6)

·~

(b)(6)

(b)(6) ~~-~~-nne_a_4Hr-.Cioak-l---=~ (b)(6)

=rI
c. Pal1l8edlon at .·
.lllle 30 CFR

13·:-v~----

(~

S6.14107a

10. Gmlly: A.lqury or,.,_ (hal) (II);

No Llcellhoocl

0

.
0

Un~

0

B. InJUry orilll.a couldsonab!y t.

!J!!!!d!d ID be;

No liiBt

Wodldlya

c.~o

D. HICIII (it!

E Rec*llll [)Uglld
SaflguaRI 0

0 .
Mo Dll Yr

12. ~of AciiDII

104a

13. ~ olllluanc:e (dllck 01111) • Cllallan !it!

Oilier 0

Wlllllln ..... 0

F. Dllild
15. N.a or Equlpmlnt

•'

(b)(6)

(b)(6)

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

Attachment B

44

United States Department of Labor Mine Safety and Health Administration MNM South Central

(b)(6)

(b)(6)

u.s. DIDaJtmenl of Ubor Mine Safely and Health Admlilletratlon
,_
(b)(6) (b)(6) (b)(6)
----------~-----(Connalor)

(b)(6)

a. CondJIIQn or PiiiCiiCI ... Wllllln m (1039) I I In the Truck Load Out Control Room, a door was observed that_opens to th~ out~ide of the building. The door is used by the plant operator to flag trucks into different positions while loading. No fall protection or barrie~ is used · to prevent the plant operator from falling out of the door (a fall of 8 foot 4 inches). A hazard exist in that if this condition continued, a pe~son could fall and .a fatality could result.

I
10.~

c. Tfiiii30CFR of PartiSectlon

S6.1SOOS

A.

~or 1ar- (1181) (II):

No IJkdloocl 0

Unllrely

D
001
D. High itj ·

B. lnjuJY or liND couldIO!!!I!!y be !!Cfled to be:

No l..olt ~ 0

12. Type of Acllan
14. lnlllll Acllan ~ 0

A.

to4a
B. Order

0

C. Safltli,anl 0

D. W... Nolloe

0 ·

E. Cbllanl Older Nilmbw

18. TennlnlllonDia

(b)(6) (b)(6) 'A.~· la._Time_· _(24_Mf_._Cioc*)_--=lllilil_._l_ _ _ _ _ _ _ _ __

..

8eCIIIGIII&-TermkllllllnAI:OIIt 17. Ac11an to Tllll'lllnlm

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

Attachment B

45

United States Department of Labor Mine and Health Administration MNM South Central

(b)(6)

(b)(6)

Mine Cltallon/Order

Mine

u.s.

=-of
-

Labor and Health Administration .

(b)(6)

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

Located on the Ag-gyp tank first level work platform, the deck had several items laying on it such as a section of 1 l/4 inch pipe, 3/4 inch conduit and a build up of spilled material .and other debris. A hazard exists in that persons accessing this deck could slip or trip over the items on the deck and suffer injury. .1

. -.· -

8&-

(~

Nab !103pl

IJ

· S6ioo0Jb

OocuiRid 0
Fatal

0

C. Slgnlllclllt and Subltlnlllt

Y•

lit!

No

0
D. High

0

E. ~ Dllnlglnl

001 0

12. Type ot Ac:llall .

104a

14. lnlllal Aclloo A. CilaliDn 0

B. Oilier

0

C. Slllguenl

0

D. Wrllen Nab

0

E. Cblloftl

Qrdlr Number

'

F. Dleld

15. ARia or EQullllilent

(b)(6)

(b)(6)

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

(b)(6)

Attachment B

46

(b)(6)

(b)(6)

Mine CltatloiiiOrder

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

was obs.e rved on the west side of the mine with the proper signaqe. The signs fastened to the tank have was not faded and come apart from exposure to the elements. The signs ·state Danger and anything else that it migh~ have said is faded out. The signs should state the ,prohibiting of smoking or open flame and the content of the tank .

I

.

., c; l'lrtiSec:llon of
Tllle30a:R

-------~ 56.4101 :
Occumlcl

0
000 0

C. Slgnlftcant llld Sullltlntlll:

.Ya

0

· No !ill·

I
c....... ,o
D. HIOh

D. Nlmber of Pellalll Micact:
' E. Reddell DlnOinl

0

12•. , . of ACIIon
14. lnlllal ActiOn A. Clllllon 0

104a
B. 0..

0

C. SaflgU8RI

0

D. Wltlllln Nolloe

0

E. Cbticlrll

F.o.lld

Older Number

15. Area Of l!qulprMnl

,

..

(b)(6)
17. Action toT~ .

(b)(6)

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

Attachment B

47

United States Department of Labor Mine Safety and Health Administration MNM South Central

(b) (6)

Mine Citation/Order

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

The Roll-over ·protective structure (ROPS) of th.e Bobcat 753 (#121) ha.s been altered. Holes have been drilled in it to mount a . bracket for a light and a fire extinguisher. The. forward part of the rops (as you enter the cab) has the corner posts twisted in~ard and the hand holds attached to the rops corner post are bent inward .also. !f the . practice of altering the rops strUcture continues, the structural integrity of the rops could diminish and the rops could fail in an accident and the operator of the Bobcat could suffer . injuries.

S6.14130e
10. Qravlly: . A. Injury or I a - (1111) (Ia):
I

No LlaiiiiOOd

0

Unltaly

lit! ·

Rellonlbly Ukely

B. Injury ar . , _ oauld·-

80!]!b!y be !!Xp!CI!d 10 be:

No LAlit W .Orllllays 0

LAlit Workdays Or~ Duly

0. 0

Highly Ukaly

0
Filial

c. Slgnlllc8nt and Subllanlllt
12. Type af Action
.14. ''*'-'Action A. Cll8llan 0

Y•O
D. High

Io.
0

Pei!M._OIII!blng (itt

0

Nllnber af ....... Arr.clllcl: E.

Rec:lillll-- 0
F. o.tllf

001

104a
B. Order, 0 C. S8fegu8nl

0

0. Wrllllln Nollce

0

E. Clallcn' Onlertbnber

(b) (6)

(b) (6)

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

Attachment B

48

United States Department of Labor Mine Safety and Health Administration MNM South Central

(b) (6)

(b) (6)

Mine Citation/Order

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

(b) (6)

(Conlnlclol)

8a. Wrilllln Nob (1039)

0

Located in the lower crusher area, a pond (about 40 feet in diameter and 6 to 8 feet deep with about eighteen inches of standing water) was observed that had a roadway adjacent to it and was not provided with berming in this area. The roadway is about twenty to twenty-five feet from the roadway •. The roadway had been traveled recently. A hazard exists in that without proper berming a vehicle could overtravel the roadway into the pond and overturn, endangering persons in the equipment.

I
10. Gmlty. Injury

c. Ti111130a'R tl P8lll8ec:llon

S6.9300a

A.

a.~

or,.._ (!Ia) (le): No lJcieiJIDolt 0 or a- CGUid ,_ !O!!!b!y be !!C!!!C!I!!d to be: No lolt WarkiiiiJI 0
A.Nana0
104a
8. On*

Unllkllly

0

OccurNcl

0
001

c. SlgnllcBnt anc1 subllanlllli:
11. Nligllgence (chec* one)

NoD
a.~o

I
c. Moclenlle 0
0
E. Cbllanl Onlert.Unber·

D. Number

of~ Alreclad:
E. Reck1e1a Dlllllglld

o. High

1!i!1

0
MoDa Yr

12. Type of Adlon 14. lnllfai.Adlon

A. CIIIIIOn 0

0 c. Saleguanl 0

F. Dalad

D. Wlllllin Nab

15. ~or Equipment

(b) (6) 1e..Termfnallan Due lA. Date 1111111111 la. nne (24 Hr. Cloc:l!) (b) (6) ~~T~~ ~--------------------~~----------------------------17• .Adlon to TMI!IInale Benning has been installed between the pond and the roadway. (b) (6)

-~

,B.Tme(24Hr.~=--:_".·.~..: - .·,......· - -............~~~.,......-."._
(b) (6) (b) (6)
.. .;;;·

(b) (6)

(b) (6)

Attachment B

49

United States Department of Labor Mine Safety and Health Administration MNM South Central

(b) (6)

Mine Citation/Order

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

(b) (6)

sa. Willian Notlc8 (1 03g) q Located under the Primary Screen and next to the Hill Conveyor, a run of sealtight flexible conduit was observed that had a defect. The run of sealtight conduit had an opening torn in the outer sheathing exposing the metal flexible conduit inside. The exposed area was rusted and had a hole in it that the conductors could be observed through. A hazard exists ·in that a fault or short could develop if the sharp edges of the flex conduit (where the rusted hole exist) cut into the insulation of the wiring and contacted the energized conductors, this condition could lead to a person suffering a burn or shock that could result in a fatality.

(connc:tDr)

56.12004
10. Gravity.

A.

Injury ar I~ (has) (Is):

No lJiellhood

0
No

Unllcely ~

Reasonably Likely

0

B. I0!!8b!y be !X!I!CI!d tD be: Injury or II"- could C. Slgnlllcllnt and Substan11a1:

No l.alt Worlldaya
Y•

0
lit!

l.alt w...o..o- Or Rellrlcllld - · · "'"" .. __ y , y

0

0

I

D. Number of Penlona Alfec:IBd: E. Rec:lclels DlngiRI
Safegvanl 0

001

c. Modenlla Iii!!
12. Type of Acllon

D. High

14. 1111111 Acllon
Citation

A.

104a
B. Onler

13. Type of llluanca (d!ec:k one)
C. Sal'llguMI

Clatlan lit!

0 .Older 0

0
MoDa Yr

Wrfllen Nollca 0

0

0

0

D. Wrllen Nollc:8

0

E. Cllatlanl Order Number

F.Oaled

15. AIM or Equipment

18. TennlnallanDue

IA.Da1a(b) (6)

17. Aellon Ill Tennlnale

Secllon llf-AI*Irnlllld Spllm Data

(b) (6) 19.=~~~
Tbe

22.Signa1Wa

(b) (6)

1 21.~;·

1

· ·~
(b) (6)
- -

.

123.ARNumber
Reglaniii'F * -

~ Fonn'III004,~08;.......,.t .....,_a Natlcnll8111111'iU& a ln-uncewlh ~oft.llmlllulll-.--.vErlfanlemMt,._Adof1181,lbe8md lluiiMDMiUilllllb""';i;;" AQdellllure ~ Olnblllllllwln 10 ~~a~n~awrece~ve- ftom llllllbU!Ir.-IIIOUifeclenll aaencr enra.-.nt81ldona. Ornbudlmlltmnlllly-..enron:ementaaMieaend ndlleach ...... bulliMD. lfliiiUwlshtii-CIItlle
~ac:llonl ofMBHA, liiiU iiiWf Clll1..aaREG-FAIR(1.aaa.734-8247). orwdlthll OnDiillmon lllSniii...._MIIUiiliillbto Olllceoftllll Natlcnll Omlludlmln. 40t 1111

liiiPCIIIII..-ID ....

the ifghtlll canllltdllllanaand pillpOied panatllll end cilliilii. ,__ bel'aie . . Fedlnlloliie Slflty end Hellll Rewlelir Commilllan.

S1nlet. fiN UC 2120. WiiiHIIOIDn. DC 20418. Pleloe nota, .__,lhiii)QI'il!;ltiD Ilea -'llllllthll Omlluillnwlllln addllan ~~~~- iW!IIliiiU IIIII' . _ 1ncbllnll

Attachment B

50

MNM South Central

(b) (6)

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

(b) (6)

The defective sealtight flexible conduit located under the primary screen has been reP.laced with new sealtight conduit.

0

E, Modlllllcl

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

'
Attachment B

51

United States Department of Labor Mine Safety and Health Administration MNM South Central

(b) (6)

Mine CllalloniOrder

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

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

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

elevated work deck Screen Belt and gearbox, an access ladder was observed that was not barrier to prev~nt a person from falling back through the ladder openings to the lower deck (about 5 1/2 feet). A hazard exists in that a person could fall through the opening and suffer injuries that could result in a fatality.

56.11012
10. GnNly.

A 1..., or ann- (ha8) (Ill):

No UUIItaad

0

Unllallr 0

a

lnJUIY or m- CDUid .... IDIIIb!y be !!p!CI!d to be:

No LAlit Wolfalllya

YBSiitJ
A. None 12. Type of Adlan

0 NoD 0

1.o1t WOIIcdaya Or ReiiiiC*Id Duty

0

0

B.LIIw

c. Mlld.nlbl . 0
0

104a

14. lnlllllldlan . A. Cilllllon 0 B. Onler
1S. Anll or Equlpmeftt

0

C. Safeguanl

0

D. Wrllllln Notice

e. CIIBiionl

F. Datlllcl

Mo Da Yr

Order NU111ber

18. TermlnallanDue

IADalll

~~~~
17.AcllontoTemmace

Miiliiiia
(b) (6)

llmii(24Hr.Cioak)

-

(b) (6)

The head pulley is now the (b) (6)

~--------------------~----------------------------of the elevated work deck of the Screen Belt chain to prevent persons from falling back

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

(b) (6)

(b) (6)

Attachment B

52

MNM South Central

(b) (6)

Mine Citation/Order

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

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

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

(b) (6) employee, did not receive the MSHA-required Experienced Miner Training. Any employee who doesn't have the required training must be withdrawn from the. mine until the training is received. The Federal Mine Safety and Health Act of 1977 states that an untrained miner is a hazard to himself and to others.

(ContradO!) Sa. Written Notice (1039) Fl

I
5ectianll=!r!apoc;U'! Evaluatlan
10. Gravity:

See~ Farm (MStiA Farm 7IIOC).3a)

0

c.Tlle30CFR ct Part/Sec:llan

46.6a

A.lnjwyorlar- (hu) (Is): B. 111/UIY or illnMa could reasonably be expected to be: c. Signitlcam and Substantial:

No L.Jkalhood

0
No

Unlikely

0

Highly Ukely

0

Occumld

0
Falal

No Lost Workday~

0

LoetWO/Itdaya Or ResaJtcted Duly

0

Pelmanenlly Disabling

0

Ill!

Yes

!!ll

0
C. Moderal& !!1)

B .'-0

1o. Number of"--'· Alfacted: oo 1 0. High 0 E. Reckless OMgenl 0

(b) (6)
18.T~on0ua ,A. ~ Mo Da
17. Action to Termlna1a

Yr

I

B. Tina (241:1r. Clock)

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

(b) (6)

Attachment C

53

United States Department of Labor

Mine Safety and Health Administration MNM South Central

(b) (6)

Mine Citatiorilon:1er

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

v. vv•-••w• w• • ___.. __ .•

-- · . ~ritlen Nolk:e (103g)

r1

The mine operator is not controlling traffic on roadways. There are no traffic control signs posted. A hazard of trucks colliding is likely and injuries are likely to result in broken bones. Large mining equipment and transfer trucks use the roads daily. Rules governing speed shall be established and followed at each mine.

I
1D.Gmlty: A. Injury or I a - (hat) (11): No LJicelhoocl Injury could rusonably be !!ql!C;!8d to be: No l.oet Worlld•

c. Tlll830a=R of Pllt/Sec:IIDn

56.9100& .

a.

or..._

0

Unlllcely

0

Highly Llll8ly

0

Oc:cutnld

0
fatal

0
0
O, High

C. Slgnlftcant and Subltanllal: 11. Negligence (chodl one)

YH ~

No

Io.
0 0
E. Cltllllonl . Order IUnber

0

Number o f " - - Alfected:

00 I

A. None

0

E. Recfdel8 Ollnlgalll

0
Mo Da Yr

12. Tweot.Ac:llon
14. Initial Adlon A. Citation 0

104•
B. Order

0

C. Safeguard

0

F. Dated

D. Wrillen Nollce

15. Anla or Equipment

18. Tennlnatlon Due

(b) (6)

B. Time (24 Hr. Clock) .

(b) (6)

(b) (6)

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

Attachment C

54

United States Deparbnent of Labor Mine Safety and Health Administration District

I

MNM South Central

I

Field Office

(b) (6) Ofrce ofAntonio, TX Mine ID -~ Accountabilir San

J

i
1
i

Mine Citation/Order

U.S. Department of Labor

I
i
(b) (6)

I

Mine Safety arid Health Administration

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

I
!

I
I : I
I

Loader was parked with the movable parts raised· in the air approx two to three feet." Employees who work/travel around this equipment were exposed to crushing injuries with these parts. When mobile . equipment is unattended ~he forks shall be lowered to the ground.

I i
!

I

I
10. Gravity: A. lnjuly or Ia- (ha) (Is): 8. lnfury or 11&.1 could...,. aon!I!!Y be expec:!!d to be:

B.Sedlon Of Act

I
0
UniDcely

I i
S6.14206b

I

c.Tllle30CFR of l'8ltf8ecllon

No l.ilclllihood

No LOit Wot1Gdlya
Yes

0

lit! . loet ~Or Rllltrlcllld Duty lit!
Re_,ably l..lkely

0

Occwred

0
Fml

c. SlgnJbnt and Su~
11. Negligence (check one)

lit!

NoD
B-"-0
13. Type of ........ (c:lledl 0118) D. High

I

0

D. Number of....._ Aft'eetlld;.

001

A.None0

0

E. Rec:ldeD Disleglnl

0
Mo D8 Yr

12. ~ of AciiOII
14. Initial Adlon

104a
B. Onler

A. Cll8llon

0

0

C. SafeQUIIRI

0

D. Wriltlln Nob

0

E. Cll8llonf Onler Number

F. Dated

16. Area or Equipment

18. TermNilon Due

(b) (6)

B. Tome _24 Hr. ClOck) (

(b) (6)

were lowered.

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

(b) (6)

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

(b) (6)

Attachment C

55

United States Department of Labor
Mine Safety and Health Administration

(b) (6)
MNM South Central
J

I i

i·
I
Mine Citation/Order
U.S. t)eDartment of Labor

Mine Safety and Health Administration

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

WA-320 Front End Loader was parked, without the parking brake being set. Employees who work/travel around this equipment were exposed to the possibility of being struck/run over if the loader moved after it was parked. Mobile equipment shall not be left unattended unless the controls are left in park and the parking brake is set.

I
10. Gravity: . A. Injury « IMrae (h•) (II): No Ll<8lihoDd 0 B. Injury or IllneSs coulcl ,.... sonably be expected tD be: No Lost Workdays
Unlikely

c. Tllle30CFR of PartiSec:llon

56.14207

0

Highly Likely

0

0ccull8d

0
Fatal

0
0
c. Moderale lit!
D. High

c. Significant and Sulm8nllal:
11. Negllgeta (l:tlec:kone) 12. Type of Ac:1!on
14. lnillal Ac:llon A. Citation 0

Yes~

NoD
B. low

I
Cilatian ~

Permanendy Dillbling

0

0

D.·Number of Penlons AKeclecl: E. Redcleu Disnlgard

001

A. None

n
0

0
CJt:der 0

0
MoO. Yr

104a
B. Older

13. Type'!' rauance ~~ onel

Safeguard

0

Wrlllln NGIIoe 0

15. ANa «Equipment

16. TeimlnaUon Due

,,._

~I~T~~
17.Aclloni9Termrn.

Da._
(b) (6) (b) (6)

0

C. SafeguaRI

D. Wrfllln Notice

0

E. Cltationl Older Number ·

F. Dated

Time 124 Hr. Clock)

-

(b) (6)

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

Employee set the parking brake.

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

(b) (6)

(b) (6)

Attachment C

56

(b) (6)
MNMSouth

Mine Citation/Order

Mine

U.S. DeDartment of Labor and Health Administration

(b) (6) (b) (6)
8. Condition or Pra<:tlce

(b) (6) (b) (6)
(Conlrldor) . ea. Wrltllln NOIIce (103g)

D

An employee was not wearing safety glasses while standing in close proximity
of the Hydrasplit Rock Chopper while being operated. Small rock pieces and particles were flying about after the rock was cut and could result in serious eye injury. The employee had no safety glasses at work with him. All persons shall wear safety glasses where a hazard exists to the eyes . Small rock particles travel faster than one can react.

I
10. Gravity:

c.Tllle30CFR d Par1/Sectlon
~IJ(ely ~

56.15004

A. I~ or lara. (haa) (II): B. InJury or 11m. could ,_ aonab!y ba lllCp!CI!d 10 ba:
C. Slgnlllcant and Substllntlat

No l..lkeMhood

0
No

unikely 0 ·

Occumld0 Falll

No Loll W011u1ays 0
y 81
~

Lost Wolkdays Or Reslrlcted Duty

0
E. Reckless Dllnlganl Safeguard 0

0

0 0

11. Negligence (check one)

A. None 0

B. Low

c. Modenlle 0
E. Cbllonl Order Nl.mber

D. High ~ Cltlllon ~ . . Older 0

0
Mo Oa Yr

12. Type of Acllon
.14. Initial Adlon A. Citation 0

104a
B. Ordec

Wrlllln Nab 0

0

C. Safeguerd

0

0. Wrillen Nab

0

F. Dated

15. Am or Equipment

18. Tennlnation0ue

~m-T~~

IA.o~ (b) (6)

I .,.Tim•(24Hr.Ciock)

(b) (6) -~
~...........................................................................

17.Acllon10Tennlnlla

Employee was provided safety glasses.

.He put them on.

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

(b) (6)

(b) (6)

Attachment C

57

United States Department of Labor Mine Safety and Health Administration Office of South Central

(b) (6)

(b) (6)

Mine Citation/Order

U.S. Department of Labor

Mine. Safety and Health Administration

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

(b) (6)

workplace at the Hydrasplit Rock Chopper was not clean and orderly. There was a buildup of broken·rock of various sizes in the immediate w<;>rk areas where employees were ·chopping, sizing, and lifting rock. This buildup ranged from 6 inches to 3 feet deep. Additionally there were plastic water bottles and trash in the area. These conditions create a trip, stumble, and fall hazard. Employees work in these areas daily.

:. : · ., ~ . ~~· . . ~ :
9. Vlollllon

. .

;

.... , ~. , :

.: .)

·...

i ..;~--~ : ....:\ ~ ! ... ~

~ .... •':'\

• • ~ 1..: !:'1

co,

~

,J

I o . =s
A. Heaflll
.

] c. PattiSedkln of
Tllle30CFR

56.20003&

10.Gravity:

A. I~ or lllneu (lla) (II): No L.lkeihood 8. Injury or YlnNa could ,.._

0
No

Unlilcely

0

Highly Ukaly

0
Fa1al

sonab!y be exped!d to be:
.

No Lost

~0
~

0

C. S1gnl8cant and Subttanlial:
11. Negligence (c;hed( one)

vn
A. None

O
0
c. Modellllll
~

[D.Number of f'IIISons Affed8d:
D. Hi;h
Cllallon ~

001

0

B. Low

0
Older 0

E. ReddeR~
Sat'aguanl

0
Mo Da Yr

12; Type of Action 14. Initial Action
A. Citrion

104a
B. Older

13. Type of laawlca.(checiC one)

0

Wrillln Nob 0

0

0

C. sagu&RI

0

D. Wtilllln Nolfce

0

E. Citation/ Otder Humber

F. Dated

18. ANa or Equipment

(b) (6)
17. ActlontDTennlnalll

(b) (6)
B. T1rne (24 Hr. CloCk)

The work areas were cleaned •

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

. Attachment C

58

United States Department of Labor Mine Safety and Health Administration

(b) (6)

(b) (6)

Mine Citation/Order

Mine Safety and Health Administration

U.S.Depa~entoflabor

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

There is no guard on the coupling at the end of the.Hydrasplit Rock Chopper conveyor belt. An employee stands next to this coupling while working. This unguarded condition exposes workers to moving parts and pinch point hazards. Coming into contact wo_uld result in entanglement/crushing injuries.

I
1

c.Tltle30CFR tJI Part/Sedion

56.141071

o. Gravtty:
A.l~orlllnesa(ha)(ll):

Nol.blllood

0

Unlikely

0

Re.-blyllbly ~

Oa:uned

0 0
001

B. Injury ar ""- oould ,.._ son!bly be !llq)!d8d to be: C. Slgnlblt llld &Aielanllal:

No Loll WOI!Idays

0
0

Lost WOIIKiays Or Restllcl8d Duty

0
,0. ~afPareoneAffecllld:
E. Rec:ldeu Dilnlgard
Older 0 SaflguaRI 0

. Fatal

Yes~

NoO

A. None

0 0

B. tow

c. Moderal8

~

0. High . 0
Cilatlon ~

0
Mo Da Yr

12. Type of Acllan
14. Initial ACtion A. Clletion 0

104a
B. Older

Wrilllen Nob 0

0

C. s.r.gulld

D. Wrtaan Nollc:e

0

e. Cilallonl
Order Number

F. Dated

15. AIM or Equipment

18. Tennfnlltion Due

(b) (6)

B. llme (24 Hr. Cloolc)

(b) (6)

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

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

Attachment C

59

United States Department of Labor Mine Safety and Health Administration

(b) (6)
MNM South Central

Mine Citation/Order

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

- , -------

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

(b) (6)

(b) (6)

8. Condition or Practice .... Nrillen Notice (103g) M The horn on the Front End Loader, KOMATSU WA-320, was not functional when tested. This mobil~ equipment i~ used daily in the quarry to pi9k up roc~s and load trucks. Light foot traffic and . other mobile equipment was observed - in the area. Serious injury could occur from collision because of not being able to give an audible warning.

I
10. Gmlly: A. ·~ury-or ...... (hu) (Is):

See~ Fann(MSHAFonn 7000o38)

0

c. 11tle30CFR of PIIIIISecllan
Raaonllbly Likely

56.14132a

No Lbllhood

0
0
No~

0

OccurreciO

B. lnfuiY or""- CIOUid rea;. IONib!y be expec!lld to be: C. Significant and Substantial:
11. Neg~ (chedt one)

No Loet Worlrday8 vee

0

I
0

Fatal

0

D. Nlltl'lb« cf,..,..,... AlreciBd:_

00 I

A. None

0
0

B. Low

c. Moderate
0

~

D. High

0

E. Reddeu Dilrugatd

0
Mo Da Yr

12. Type of AcliDn
14. Initial Adlon
A. Citation

104a
B. Older

0

0

C. SBguard

D. Writlien Nolloe

E. Cltatlonl Older Number

F. Dalad

15. Al8ll or Equipment

(b) (6)

B. Time (24 Hr. Clock)

(b) (6)

(b) (6)

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

Attachment C

60

United States Department of Labor Mine Safety and Health Administration MNMSouth

(b) (6)

(b) (6)

Mine Cilalion/Order

U.S.DeDBnunentofLabor
Administration

(b) (6)

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

(b) (6)

--· • · ··- - 1 Notice (103g)

I]

Two pulleys and V-belts on the engine of· the Hydrasplit Rock Chopper did not have guards. One pulley is approx two feet above the ground and the other is 28 inches above ground. The engine is in an active work area. Both unguarded areas were within reach of inspector. This condition exposes miners to moving parts and pinch point hazards. Coming into contact would result in entanglement/crushing injuries.

I
10. Gtavlty:

c. Tlllii30CFR of Palt/liediOn

S6.14107a

A. Injury Of H ' - (haa) (Is):
B. ·Injury or.._ Cllllld , . .

No Ul!elhood

0

Unlbly

0

Highly Ukely

D

OcQmad

D
Fatal

IQI!!bly bt exped.ed to be:
C. Slgnlftc:ant and Subetantial:
Yes
A. None

[;2]

NoD
B. low

.I
D
0
E. Citation/ Order Number D. High

Pennanently Dls8bling

l!tl

D

0. Number of PINIOns Alfec*ld:

001

11. Negligence (check 0111) 12. Type Of Acllon

D

D

E. Recklllu Oisnlgard

D
MoOa Yr

104a

13. Type Of tau- (check one)
C. SafeguiiRI

14. lnillel Ac:llon A. Cilllllon O B. Order
IS. AIM or Equipment

D

O

F. Dated

D. Wrflllln Nollce

18.

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

(b) (6)

17.AdlontoTermlnlde

parts.

Temporary wire screen was installed surrounding the moving A permanent barrier will be installed.

lB. Tennlnaled'A.DIIIII

~~~~~~1.3.Tme(24Hr.Ciock
(b) (6)
.

~: (b) (6)
~

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

(b) (6)

Attachment C

61

United States Department of Labor Mine Safety and Health Administration MNM South Central

(b) (6)

Mine Citation/Order

(b) (6) (b) (6)
8. Cond1Uon or Pracuce

(b) (6) (b) (6) (b) (6)
(Contractor) ~a. vvrnten Notice (103g) !

I

Readily·visible signs prohibiting smoking and open flames are not posted on the flammable and combustible fuel tanks located on the Hydrasplit Rock Chopper. Employees working in this area were exposed to the possibility of burns if there was a fire/explosion. Theae· sig~s are required where a fire or explosion hazard exists.

9. VIolation

I sc:za - o
A. Healtlt
No Ukelhoocl

I
0
No~

See~ Form (MSHA Farm 70CJO.S8)

0

c. Tllle30CFR of PartiSec:llon

56.4101

10. Gravtty: A. Injury or lllneea (has) (II):

8. Injury or H!Ma COIIId reasonably be upec:l!d to be:
C. Significant and Subltantlal: Yes

0

11. Negligence (check one)

A. None

0

B. tow

0

12. Tp of Adlon
14. lnillal Action A. Citation 0

104a
8. Order

13. 1)pe

of-0

I
0. High
(c:hec* one)

Permanently Dllablng

0

Fallll

0

0. Number of Panlons Alfec:tecl:
E. Reddela Dllnlganl

00 I

C.Modef* [i1l
E. Cilallonl Order Number

0

0
Mo Da Yr

0 c. Sal8guard 0

F. Oalad

D. Wrillen Notice

16. Area or Equipment

18. TenninatlonOue
17. Acdon to Tennlnalll

lA.

Secaoniii-T8IIIIIMIIonAcllan

~~8. Time (24Hr. Clo.Ck) (b) (6)

-

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

(b) (6)

(b) (6)

,23.AR Num!Jer

-(b) (6)

Attachment C

62

South Central

United States Deparbnent of Labor Mine Safety and Health Administration Office of Field Office

(b) (6)

Mine Citation/Order

u.s. Department of Labor
(b) (6) (b) (6) (b) (6)

Mine Safety and Health Administration

(b) (6)

The Skid-Steer Loader's, New Holland LlBS, automatic reverse alarm was not functional when tested. This equipment is used daily in an active work area where other employees are working. Alarms on mobile equipment must be maintained in a functional condition at all times as a warning device to "other personnel and equipment.

I
10. Gmtty:
A. InjUry or..,_~) (II):

c.lllle30CFR ol PutJSecllan

56.14132a .

No Llcelhood

0

Hlgllly Ulal~

0

Occ:umld

0
Fa1al

a Injury 01 ,._could .... sonab!y be •xpec!!d to be:
C. Signlftcant and Subtlan~

No Loll Workd.
vas fiii11

0
0
c. Moderate 0
E. Clta11on/ Older Number.

PennMently Disabling

0

0

NoD
B. low
D. High

11. Negligence (c:hecllone)

A. None

O 0

lii1!

E. Racklees Dill8glld

0
MoDe Yr

12. Type of Acllan
14. lnJtlal Acllon A. Cllallon 0

104a
B. Oilier

13. Typeol..._(clleckone)

0

C. SafeguMI

D. Wlilllln Halloe

0

F. Dated

(b) (6)

T - (24 Hr. Clock)

(b) (6)

(b) (6)

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

MSHAFOif ...... lnacconllncolllllllle)IRIOWonaof . . SmlllllullneP~EnlbrcerneriF...,_Adol1888, . . & n a B - - h U 1!1111b111a1 .......... lqtaliUI8 R8glaiDiy ~ llld 10 llillgJaMI F.*- IIOIRIStl , . . . . . . _ fnlm ..... --lllloltt'edMI.&gi!IIC¥ - a d l a n l . TIMIUIIIIIuelnM......., _ _ ........_....... ,.. _ _ ~...,._...-1D..,......._ ll/011-lo......-anlle ~ec:1lanl otlot&K'.,... morc811t.-.RECJ.FAIR (1~7). ar'"'*lle OIID-.11 !iftld -Adminllllallaol 011ce ollie Na1larlll ~ o4013nf S1reet. WI MC :Z12o, Wllhklglan. DC 20418. - - . ,_.., lhlll~WrrW!IIo fie a COIIIIIWII-1118 Ollbudll-. II in 8dlllllft 1Dany-...... ,... "'"''-. lndudlng lhe llgllllll- cllatianlllllcl.....,_ ,..._ .... Cl*lna '-1110...,. .. Federal..,. SaliiiVand Helllh _..,Commialall.

Attachment C

63

United States Deparbnent of Labor

Mine Safety and Health Administration
Office of

(b) (6)

(b) (6)

Mine Citation/Order

.. ,

.

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

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

II
(b) (6)

(b) (6)

(Conlnlc:lot)

Sa. Wrlt1en NoUca (1 03g)

II

The ·area south of .the employee parking area was not provided with a berm. There is a 3 to 3 and 1/2 foot sloped - drop off adjacent to the parking area. This area is used daily by employees. Also the upper road, up the hill behind t;he Rock Chopper, there are some areas that are not bermed. ·A vehicle/equipment could drive over the edge seriously injuring the driver. Berms or guardrails must be provided and maintained where a drop-off exists.

I
10. GriMly. A. lnJUIY or lllnela (1111) (Is):
8. Injury or HI- COUld rea!O!!!bly be !!!p!C!!d 10 be: C. Significant and Subetantlat

c. Tille30CFR of PlltiSeciiDn
~ l.bly

. 56.9300&

No Ukelllood

0

Unllcely

l!ill

0

Highly UQ!y

0
FataiO
Pel'llliiS AffeC:IIId:

No Loll
Yes

W""""- 0 --··
0
&.Low

lolt Wodulays Or Rllltriclllcl .,..., o -~·· 1!<1

jD. Number or
0

001

11. Negllgera (cllec:k one)

A. None

0 0

0

D. Hlglt

E. Rec:kllea Oill8gard

0
Mo Da Yr

12. TYPe of Acllo!l
14. lnlllal Adlon A. Clatlon 0

104a
B. Order

13. Type of lsauara (cheCk one) C. Safeguanl D. Wl'itllln Nob

0

0

E. cation/ OnlarHumbet

F. Datacl

15. AiuorEq~nt

(b) (6) (b) (6)
B. nme (24 Hr. Clock)

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

Attachment C

64

United States Department of Labor Mine Safety and Health Adntinistration MNMSouth

(b) (6)

(b) (6)

Mine Citation/Order

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

did not receive the MSHA-required 24-hour New (b) (6) Miner Training within 90 aays. He was only provided with 13 hours of training. Any employee who doesn't have the required training must be withdrawn from the mine until the training is received. The Federal Mine Safety and Health Act of 1977 states that an untrained miner is a hazard to himself and to others.

,~~d
Tllle30CFR

46.Sa

10. Gnlvity; A. lnjwy or I~ (lila) (Is): No llkllll1ood 0 B. lnjwy or ~couklru­ No Lost WO!kdaya sonab!y be expec!!d to be:
C. Slgniflcant and Subllanllal: Yes

Hlghly Ukely
Lost WCIIkdays Or Rellriclecl Duty

0

OccUired

0
001

h2J

0 No 0
0

0

Pannenentty Dilablng

jo. Number or Pe18011S Aff'ed8d:
0

0

11. NagUgence (check one)

A. None

0

B. Low

c. Moderate h2l

O.Higtl

E. Radd-~0

(b) (6)
18. Termlnalion Due

I

A. Data

Mo Da Yr

I

B. 11me (2<4 Hr. Clock)

17. Adlon to Tennlnlllt

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

Attachment C

65

United States Department of Labor Mine Safety and Health Administration

(b) (6)

(b) (6)
. '!

I

· ·Enforcement actions with questionable evaluations
Persons
30CFR S&S
·Affected

I
I I

(b) (6)

I I

I

Type Action
(b) (6)
104(8)

.Persons
30CFR 56.12032 S&S N
UL FTL Affected

: Citation

1.

Mod

(b) (6)

Type Action 104(a) Citation

Persons
CFR 56.13011 S&S N
UL LD Affected

1

Mod

(b) (6)

Attachment D

66

United States Department of Labor Mine Safety and Health Administration

(b) (6)

Enforcement actions with questionable evaluations
Persons

(b) (6)

or the S&S, likelihood, and negligence were not adequately evaluated.

Violation

Issue

Type

Persons

(b) (6)

management's neglect in identifying or co"ecting the condition.

Type Action

Persons 30 CFR

S&S

(b) (6)

104(a) Citation

56.141

N

UL

PO

1

Mod

The emergency sto~rd provided as a safety feature on the #5 conveyor was detached on one end leaving the cord hanging/sagging. This condition exposed miners to serious injuries if falling on or against the conveyor. Emergency stop devices installed on conveyors, shall be located so that a person falling on the conveyor can deactivate the drive motor.

Comment- Evaluation of S&S and likelihood does not match the narrative. According to the narrative, little or no maintained.

Attachment D

67

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

(b) (6)

Enforcement actions with questionable evaluations
30CFR S&S N

(b) (6)

47.31

Like II

30CFR

S&S

hood RL

(b) (6)
56.15004 Y

Two miners were not provided with safety glasses and two others were wearing conventional glasses (not safety glasses). The miners were working at rock chopper area and hammering rocks to bring them to the desired size and shape. Fly rock was seen and felt at the area. In the event that a fly rock hit a miner in an eye, serious eye injuries could result.AII persons shall wear safety glasses when in or around an area where a hazard exists

Type Issue

Like II

Persons

30CFR 56.15001

S&S N

hood
UL

(b) (6)

104(a) Citation

LD

1 Mod

non'ces are not to be have been included in this citation (as per inspection procedures handbook).

second sentence should not

Type Issue

Llkell

30CFR 56.141

S&S
N

hood
UL

(b) (6)

104(a)

Attachment D

68

United States Deparbnent of Labor Mine Safety and Health Administration Office of Field Office

(b) (6)

(b) (6)

Photo No. 1 - Lack of housekeeping on elevated walkway

(b) (6)

Photo No. 1 -Damaged FOPs/ROPs and lights on BObCat

Attachment D

69

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

(b) (6)
I 1 I
I

I

I

(b) (6)

(b) (6)
Photo No. 4 - Lack of safe access on steps Attachment E

70

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

(b) (6)

(b) (6)

(b) (6)

Attachment E

71

United States Deparbnent of Labor

Mine Safety and Health Administration
Office of

(b) (6)

I
I
\

I I
I
I i,

(b) (6)

No. 7 - Lack of

Photo No. 8 - Lack of guard for v-belt and pulleys

(b) (6)

Attachment E

72

United States Department of Labor Mine Safety and Health Administration

(b) (6)

(b) (6)

- Portion of walkway had been removed

(b) (6)

Attachment E

73

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

(b) (6)

(b) (6)

Photo No. 11 - Inadequate guard at belt conveyor end roller

Attachment E

74

United States Department of Labor Mine Safety and Health Administration MNM South Central

(b) (6)

(b) (6)

(b) (6)
-lo. 1 - Lack of adequate housekeeping

Attachment E

75

December 3, 2009

MEMORANDUM FOR:

MICHAEL A. DAVIS Deputy Assistant Secretary for Operations Mine Safety and Health Administration PETERJ. MONTALI Acting Director of Accountability Mine Safety and Health Administration MSHA Office of Accountability Audit, MSHA Metal/Nonmetal Rocky Mountain District, Green River, Wyoming, Field Office, and Selected Mines.

FROM:

SUBJECT:

Introduction:

This memorandum summarizes the Office of Accountability audit of the subject field office and mines. The following five mines were visited during this audit:

(b) (6)

e

Audit subjects included but were not limited to MSHA field activities, level of enforcement, evaluation of gravity and negligence, Field Activity Reviews, Accompanied Activities, MSHA supervisory and managerial oversight,~ditions (b) (6) =•rn.,..."'"' at the mines. The audit was conducted during the week ~ (b) (6) ,by Arlie A. Webb, Billy Randolph, and Peter J. Montali- Acting Director for the Office of Accountability. Positive findings and issues requiring attention are included in this audit report.

Overview:
The field office review was conducted o n (b) (6) audit were conducted o~ (b) (6) .. listswer~
(b) (6) (b) (6)

The on-site portions of the Accompanying the Accountability

On-site visits to three underground mines were conducted during 103(i) spot inspections. Areas examined at these underground mines included a longwall section, two continuous miner sections, flexible conveyor train (FTC) system, mainline and secondary belt conveyor haulage, rubber-tired haulage, mantrips, and haulage entries, escapeways, intakes, returns, stoppings, communication systems, and tracking systems. Several pieces of equipment were examined for permissibility, fire suppression, and safe operating condition. Areas of the surface mines examined during this audit included mine office, record books, required postings, pits, front end loaders, excavators, haul roads, company pickup trucks, berms, fuel storage, and the shop/supply area. Inspection activities also covered the plants, sizing screens, crushers, and surface conveyor belts.

S&S Rate Comparison: The S&S rates for the Green River, Wyoming, field office were lower than the Rocky Mountain District average and considerably lower than the national average for both FY 2008 and to date in FY 2009.

Fiscal Year 2008 2009

S&S Rate Comparison Green River, WY Rocky Mountain Field Office District 10.1% 17.6% 21.2% 17.9%

National Average 21.0% 24.0%

Time and Activity Comparison:
Time distribution for E01 inspections conducted out of this field office during FY 2009 indicates a need to reduce "other" time. However, on-site time for the underground mines is good.

2

Travel

I

%of Total

28.9%

Surface Facilities - EOl Inspections Citations Citations Other On-Site Written Written On-Site Off-Site 49.9% 17.8% 3.8% 3.4% Surface Mines - EOl Inspections Citations Citations Other On-Site Written Written On-Site Off-Site 17.6% 42.8% 3.0% 3.5% Undeqround Mines- EOl Inspections Citations Citations Other On-Site Written Written On-Site Off-Site 19.9% 60.9% 3.17% 5.0%

Total Percent 100.0%

Travel

Total Percent 100.0%

I

%of Total

36.1%

Travel

Total Percent 100.0%

I

%of Total

14.2%

Audit Results:

The audit revealed positive findings in several areas, including the following: 1. 2. 3. 4. The three underground trona mines were very well maintained. Safe work practices were readily evident in all areas examined. Inspectors at underground mines were thorough and communicated with the operator and miners in a courteous and professional manner. The violation observed at the underground mine during this audit was properly cited. The ADM reviews all AA and Fars completed by the field office supervisors.

The audit also revealed several issues that require corrective actions, including the following:

1. Although the 103(i) spot inspections conducted during the audit were thorough, past 103(i) inspections were not. Insufficient time was spent on these important inspections, and multiple E02 inspections were often made in a single day. (District/FO) 2. Interviews with(b)I(6)I I I indicate a general lack of refresher training for journeyman inspectors. (District)

3

3. Conditions observed and citations issued during this audit indicate that previous inspections were neither complete or thorough at the mines audited. (FO/District) See Attachments B, C, D & E 4. Evaluations of S&S, gravity, negligence during inspections did not appear commensurate ~e of violations cited. (FO)(District) [See attachment D)] (b) (6) 5. Interviews w i t h indicate a lack of training and/ or mento~ supervisory personnel. (District/HQ) (b) (6) (b) (6) a. has not received any retraining since assuming(b) (6) (b) (6) b.~(b) (6)

criteriafornegligence

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

6.

the hazard. (Attachment B- Citation 7. Form 7000-3 Condition or practice includes statements not in accordance to po~tation and order writing handbook. (See Attachments B, & D ,citation (b) (6) #' . . . . . 8. Form 7000-3 does not include a detailed description of the condition or ) which causes and constitutes a violation or imminent danger. (Citation (b) (6) Citation and Order Writing Handbook for Coal Mines and Metal and Mines pp 9] 9. Mining operations need to be evaluated and redistribution of mines to Field (b) (6) Offices in closer proximity to reduce travel time. [example ._uarry approximately 7.5 hrs from Green River FO and only 4 hrs from~ity FO.] 10. Quarries with Plants attached have separate Mine Identification numbers. A review of these operations should be conducted and determine if One ID is sufficient for both the quarry and the plant.

-

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

4

Attachments:
A. B. C. D. E.

Office of Accountability Checklist Citations issued during this audit Regular Inspection Information- Closeout Conference Citations with questionable evaluations for gravity and negligence Pictures of selected violations

5

Attachment A

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

District

I

Rocky Mountain

I

Green River, WY

Mine ID (b) (6)

:J

Date-

(b) (6)

J

1.
Adequate

Evaluate supervisory review of inspection reports and documentation for completeness.

D

Inadequate

[KJ

Not Applicable

D

Comments Below

(b) (6) w of the inspection reports~uate & evaluation of citations - Example (event # (b) (6) • a (b) (6) conducte~ -0 citations issued- continuity & resistance marked as N/A- next inspection marked as checked. [Attachments D]

2.

Determine if supervisors address report deficiencies immediately

Adequate

D

Inadequate

[KJ

Not Applicable

D

Comments Below

[See Attachment D]

3. Adequate

Determine if supervisors are visiting each assigned mine at least annually

[KJ

Inadequate

D

Not Applicable

D

Comments Below

Supervisor states that he travels approximately 14 times a year with inspectors in the field office. This is the minimum number of required visits for FAR's required by Policy.

4.
Adequate

Evaluate the quality of Field Activity Review reports (FARs)

D

Inadequate

[KJ

Not Applicable

D

Comments Below

Fars lack documentation of the inspectors' successes and/ or shortcomings. Supervisor has not had sufficient training in conducting Field Activity Reviews.

Action Required - Ensure that all supervisory and management personnel have adequate training in the proper manner to conduct a field activity review as well as how to properly complete the FAR reports.

ATTACHMENT A

6

Attachment A

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

District

I

Rocky Mountain

I Field Office I

Green River, WY

I Mine 10

~ (b) (6)

J

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

5.

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

0

D

A concern exists that the supervisor's had not reviewed individual performance factors for enforcement levels prior to the accompanied activity. This would be evidenced by the enforcement levels of the field office as compared to the national averages.

6.
Adequate

Evaluate the quality of Accompanied Inspections

D

Inadequate

0

Not Applicable

D

Comments Below

See item #4

7.
Adequate

Determine if supervisors are thoroughly reviewing mine files at least annually

D

Inadequate

D

Not Applicable

0

Comments Below

8.
(b) (6)

Determine if Assistant District Manager is holding supervisor accountable for general mine visits, FARs, and accompanied activities Inadequate

0

Not Applicable

D

Comments Below

all AA' s and FAR's completed by supervisors, The AA' s and FAR's are tracked at the district on a spreadsheet for all supervisors but the quality of the FAR's is questionable.

ATTACHMENT A

7

Attachment A

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

District

I

Rocky Mountain

(b) (6)

=:J

(b) (6) Date~

]

9. Adequate

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

D

Inadequate

0

Not Applicable

D

Comments Below

The district tracks the AA's and FAR's and the DM is proactive in the completion of all required supervisory activities. The supervisor appears not to be addressing poor performance within his field office. No action has been undertaken to enhance the under performance of the inspectors and no action from the District office.

11. Adequate

Determine if ADMs and DMs are visiting mines with poor compliance at least monthly

0

Inadequate

D

Not Applicable

D

Comments Below

Records indicate that district management is conducting some mine visits at operations with compliance issues. The Green River FO has 164 mining operations

13. Adequate

Evaluate the location, workload, and availability of specialists (roof control, ventilation, electrical, etc.) within the district

D

Inadequate

D

Not Applicable

0

Comments Below

MNM program area does not have specialists in the districts.

14. Adequate

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

D

Inadequate

0

Not Applicable

D

Comments Below

103(i) spot inspections are not thorough and are not being conducted within the time frames specified by the Mine Act. A review of E02 spot inspections conducted from January 01 through August 10, 2009, revealed numerous instances where the amount of time between spot inspections exceeded the time limits specified by the Mine Act. On at least 18 occasions, more than 8 days elapsed between inspections required to be conducted every 5 working days. On at least 7 occasions, more than 13 days elapsed between inspections required to be conducted every 10 working days. In addition, there were 16 separate occasions when 103(i) spot inspections were made at more than one mine on the same day, by a single inspector. An on-site evaluation of the ATTACHMENT A 8

Attachment A

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

District

I

Rocky Mountain

I Field Office I

Green River, WY

I Mine ID

(b) (6)

Date-]

(b) (6)

mine location, extent of mining, and underground transportation, indicate that effective 103(i) inspections can not be made at more than one mine per day.

Recommendation - Inspections conducted under 103(i) of the Mine Act must be thorough and comprehensive to provide the proper level of protection to the miners, regardless of the type of material being mined. Methane liberation and the potential for ignitions and explosions must be properly addressed. The Administrator for Metal/Nonmetal should issue instructions requiring that 103(i) spot inspections be conducted per the time frames set forth in the Mine Act, are thorough, and that a full day be dedicated to each such inspection. Reference- CMS&H Memo No. HQ-07-083-A (SEC-103) gives an excellent example for conducting 103(i) spot inspections.

15. Adequate

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

D

Inadequate

0

Not Applicable

D

Comments Below

See Item 14 above.

16. Adequate

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

0

Inadequate

D

Not Applicable

D

Comments Below

17. Adequate

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

0

Inadequate

D

Not Applicable

D

Comments Below

18.

Determine if Standard Operating Procedures (SOPs) are in place, current, and in compliance with MSHA policies and procedures

ATTACHMENT A

9

Attachment A

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

District

I

Rocky Mountain

I Field Office I

Green River, WY

(b) (6) I Mine 10 ~

Date -

(b) (6)

J

Adequate

~

Inadequate

U

Not Applicable

U

Comments Below

19. Adequate

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

D

Inadequate

0

Not Applicable

D

Comments Below

See Attachment C

20. Adequate

Determine if supervisors are adequately evaluating the level of enforcement by visiting each producing mine

D

Inadequate

0

Not Applicable

D
(b) (6)

Comments Below

started this The {b) (6) reviews every citation issued in the district. T h process in June of 09 to determine if enforcement tools are being properly utilized and evaluated. Enforcement levels at the Green River FO are below the District averages and well below the National levels. (See pp. 2)

21. Adequate

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

D
(b) (6)

Inadequate

0

Not Applicable

D

Comments Below

(b) (6)

(b) (6)

ATTACHMENT A

10

Attachment A

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

District

I

Rocky Mountain

I Field Office I

(b) (6)
Green River, WY Mine ID Date

(b) (6)

J

(b) (6)

Most conferences are being deferred and only a limited number are being conducted pre-penalty.

Recommendation - The ACRI Handbook should be completed and approved as soon as possible. All procedures related to the ACRI program should ensure due process to all parties.

22. Adequate

Determine if District Manager is using discretion in granting conferences

[K]

Inadequate

D

Not Applicable

D

Comments Below

23. Adequate
(b) (6)

Determine if second level reviews and Peer Reviews are used to assess supervisory review of enforcement actions

[K]

Inadequate

D

Not Applicable

D

Comments Below

completed 16 2nd level revie~ and 43 2nd level reviews (b) (6) on well above the required minimu~ made review comments and sent requests back to FO supervisors to review or have more documentation provided to support deficiencies he identified. He also provided positive feed back as well.

24.
(b) (6)

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

[K]

Not Applicable

D

Comments Below

he has never had to discipline any employee for misconduct or poor performance. The field office is well below the national average for S&S% 10% below . in 2008, & 7% below nat'l avg. in 2009] No action taken by (b) (6) (b) (6) or District management.

25. Adequate

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

D

Inadequate

D

Not Applicable

[K]

Comments Below 11

ATTACHMENT A

Attachment A

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

District

I

Rocky Mountain

I Field Office I

Green River, WY

I Mine ID

(b) (6)

Date

(b) (6)

J

Supervisor could not define negligence or gravity according to policy and no PKW' s submitted.

26. Adequate

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

0

Inadequate

0

Not Applicable

D

Comments Below

NO PKW's REVIEWED- None in field office submitted.

28.

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

(b) (6)

D
n71t>Ym7PC

Inadequate

00

Not Applicable

D

Comments Below

was not u (b) (6) Indicators and other resources provided by headquarters or district. indicated he was not aware of information contained in the Key Indicator reports or where his field office compared with the national Determine if complete and thorough inspections are being conducted and adequately documented

29.

Adequate

D

Inadequate

00

Not Applicable

D

Comments Below

A review of past inspections at the underground mines indicated that all areas are be~ during E01 during the accountability audits at (b) (6) (b) (6) th-(b) (6) ndicate that complete and thorough inspections are not being conducted. (b) (6) manager stat~
(b) (6)

31. Adequate

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

00

Inadequate

D

Not Applicable

D

Comments Below

ATTACHMENT A

12

Attachment A

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

District

I

Rocky Mountain

I Field Office I

(b) (6)
Green River, WY Mine lD Date

(b) (6)

J

34. Adequate

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

[KJ

Inadequate

D

Not Applicable

D

Comments Below

36.

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

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

See Item# 14 pp 8

37.

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

Adequate

D

Inadequate

[KJ

Not Applicable

D

Comments Below

A review of previous inspections indicate the determination of gravity, negligence, and number of persons inconsistent with the facts of the hazard. [See attachment D]

38.

Accompany and evaluate inspector's imminent danger run

Adequate

D

Inadequate

D

Not Applicable

[KJ

Comments Below

39.

Check adequacy of preshift/ onshift examinations

Adequate

D

Inadequate

D

Not Applicable

[KJ

Comments Below

ATTACHMENT A

13

Attachment A

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

District

I

Rocky Mountain

I Field Office I

Green River, WY

Mine ID (b) (6)

Date

(b) (6)

J

40. Adequate

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

0

Inadequate

0

Not Applicable

[8]

Comments Below

41. Adequate

Evaluate operator's workplace examinations

0

Inadequate

[8]

Not Applicable

D

Comments Below

The number of citations and conditions observed and period of time the hazards have been permitted to exist indicate inadequate workplace exams being conducted [See Attachment B)

42.

Evaluate conditions on working section and observe work cycle

Adequate

[8]

Inadequate

D

Not Applicable

D

Comments Below

43.

Observe air quantity, quality, and gas checks by inspector

Adequate

[8]

Inadequate

0

Not Applicable

D

Comments Below

44. Adequate

Determine adequacy of Emergency Response Plan training (interview miners)

[8]

Inadequate

0

Not Applicable

D

Comments Below

Stench warning system was being tested/ upgraded at one mine during this audit. The miners and the inspector were well-versed in the operation and provisions of the emergency plan. ATTACHMENT A 14

Attachment A

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Green River, WY Mine ID

District

I

Rocky Mountain

(b) (6)

Date

(b) (6)

J

48.

Examine electrical cables on several pieces of equipment

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

49.

Evaluate several pieces of equipment for permissibility

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

Permissibility was excellent at all 3 underground mines visited during this audit.

51. Adequate

Examine escapeway map for compliance with regulations

[KJ

Inadequate

D

Not Applicable

D

Comments Below

52.

Evaluate integrity of primary and alternate escapeways

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

53.

Evaluate integrity of return side stopping line

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

ATTACHMENT A

15

Attachment A

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

District

I

Rocky Mountain

I Field Office I

Green River, WY

Mine 10

(b) (6)

Date

(b) (6)

J

54. Adequate

Travel and evaluate condition and maintenance of section conveyor belt, structures, and entries

0

Inadequate

D

Not Applicable

0

Comments Below

56. Adequate

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

0

Inadequate

D

Not Applicable

0

Comments Below

57.

Observe and evaluate fire detection methods

Adequate

[K]

Inadequate

D

Not Applicable

0

Comments Below

59. Adequate

Evaluate condition of conveyor belt drives, and fire suppression systems

[K]

Inadequate

D

Not Applicable

0

Comments Below

60. Adequate

Determine if all required record are adequately completed and in compliance with applicable standards

0

Inadequate

D

Not Applicable

0

Comments Below

ATTACHMENT A

16

Attachment A

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

District

I

Rocky Mountain

I Field Office I

Green River, WY

Mine ID (b) (6)

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

61.

Examine mine map for accuracy of workings and escapeway locations

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

62.

Examine mine bulletin board and evaluate adequacy of all required postings

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

63. Adequate

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

D

Not Applicable

D

Comments Below

74.

Evaluate approved ventilation plan after in-mine visit

Adequate

D

Inadequate

D

Not Applicable

[KJ

Comments Below

75.

Evaluate approved training plan after discussion with miners

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

ATTACHMENT A

17

Attachment A

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

District

I

Rocky Mountain

I Field Office I

Green River, WY

I Mine 10

(b) (6) ~

(b) (6)

J

76.

Evaluate other plans as applicable to each particular audit.

Adequate

[K]

Inadequate

D

Not Applicable

D

Comments Below

77. Adequate

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

D

Inadequate

[KJ

Not Applicable

D

Comments Below

Evaluation of Gravity and Negligence appear not to be consistent with policy. Conditions appear to be permitted for extended periods of time. [See Attachment B, Attachment D)

78.

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

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

79.

Citations and orders issued during previous two quarters

Adequate

D

Inadequate

[KJ

Not Applicable

D

Comments Below

See Attachment D -evaluations of citations

80. Adequate

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

D

Inadequate

D.

Not Applicable

Comments Below

ATTACHMENT A

18

Attachment A

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

District

I

Rocky Mountain

I Field Office I

Green River, WY

I Mine ID

(b) (6) ~]

Date (b) (6) -

]

116.

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

Adequate

[KJ

Inadequate

D

Not Applicable

D

Comments Below

117.

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

Adequate

D

Inadequate

D

Not Applicable

[KJ

Comments Below

118.

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

Adequate

0

Inadequate

D

Not Applicable

D

Comments Below

119.

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

Adequate

0

Inadequate

D

Not Applicable

D

Comments Below

120.

Determine if EOl inspections at surface mines includes an observation/ evaluation of blast hole drilling, loading, and blasting O"Rerations. Inadequate Not Applicable [KJ Comments Below Adequate

D

D

No Blasting conducted at operations where audit teams traveled.

ATTACHMENT A

19

Attachment A

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

District

I

(b) (6)
Rocky Mountain Field Office Green River, WY MineiD Date

(b) (6)

J

121.

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

Adequate

[K]

Inadequate

D

Not Applicable

D

Comments Below

ATTACHMENT A

20

Attachment B

United States Department of Labor Mine Safety and Health Administration Office of Accountability Field Office Green River, WY

District

Rocky Mountain

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

J

(b) (6)
Mine Cilation/Order

(b) (6)

(b) (6)

-

2 . Time (24 Hr. Clock)

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

The door was open on an electrical box located at the #2 shaft high bay area. The components inside the box were energized with 480 Volts. This condition exposes the miners to the hazards of electric shock/burns. The door was open approximately three inches, which would make it difficult for someone to make contact with the energized components, making it unlikely that an accident would occur.

See Continuaton Farm (MSHA Farm 7000-38)

C

B. Section
of Ad

C . Part/Section of

nre30CFR

57.12032

No LikelihOOd

0

Unlikely

;ij

Reasonably Likely ""]

Highly likely

Q

No Lost Workdays

0
LJ

Lost Workdays Or Restricted Duty

0
0

Permanently Disabling

LJ

Fatal

ilfl

Yes ~
11 . Negligence (check one) A . None

D. Number of Pe18011S Affected:
B. Low

001

I...!

C. MocleMe ;;;]

D. High Cijation

E. Reckless Disregard Order

0
U
Mo Da Yr

12. TypeofAdion
14. lnijial Action A. Citation

104a
B. Order ~J C. Safeguard

13. Type of lssuanc. (Check one)

6!J

0

Safeguard

0

Wri118n Notice

=

D. Written Notice ,_

E. Citation/ Order Number

F. Dalad

15. Area or Equipment

16. Termination Due

(b) (6)

(b) (6)
was

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

(b) (6)

23. AR Number

(b) (6)

MSHA Form 7 * . . . . >111Sions of tile Small &liMss R~ ~ F.-.Actal t 998, 1he Small~- hat - a Na11onal Stna11 B - . . ami~ RegulatolyOinbuclwnan and 10 Reg.o<~~~ Faitneea 8oanla Ill receiYe..........,..lrllmSINIII - - - 1 - a g e t q ' actiolhe !lmiJudsmln at SmaiiiUIIness Administration. Otlk:eollhe Nationel Ombudarnan. 40113RI Slreet. sw MC 2120. Waolllnglon, DC 20418. Please noce, - · riglll to ftle a canment Willi the Ombudsman Is In - 1 0 8l1l' oilier r1g11ta 1'0<1 may have, inc:ludln9 the r1;11t 10 conieS~ ciUdlan1 and piiiPOOed penall1es and o1>1a1n a heating before Ill& federii!Wne Safe~~' and Heallh RevlowC comment on the of MSHA, )'OU mey Cellnspedo< Commenta

(b) (6)

(b) (6)

•

Went over the citeHons issued on this inspection

(b) o n C i t a H (6) Gave Mr. Taylor his 10 day conference g s. Mr. Taylor voiced his ccncems. He agreed that there were violations but did not understand why several of these conditions have been in place for several years and had other lnspectcrs except them and now he is being cited for them.

Notified of_,.,. opecial.............m?

Yes

0
0

NIA NIA

1;;i!l

Notified of possible k~ul violation? Notified of rigllt to safely & 11ea1111 con-nee?
MSHA Fonn 4()0().-49C, Aug. 83 (Revlsed)

Yea

!i'-1

Yes li2j

NIA [ )

9}.

Attachment C

Attachment D

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

District

I

Rocky Mountain

I

Green River, WY

I Mine 10

(b) (6) ] -

Selected Citations for Review of Gravity and Negligence Evaluations (Shaded areas are questioned based on narrative and nature of violation)
(b) (6)

(b) (6)

Shaft inspection and repair work in vertical shafts shall be performed from substantial platforms equipped with bonnets or equivalent overhead protection. Two FMC management personnel were using a man· basket that had no bonnet or overhead protection to bar down and clean #9 shaft. The shaft is 1708 feet deep and they were within 70 feet of the bottom.

(b) (6)

(b) (6)

(b) (6)

(b) (6)

The longwall stage loader was not being maintained in permissible condition in that the cover on the left side of the electrical box had a .004 gap and all bolts on the outside left were finger tigh(~rii!§.:h.Q!gH4 li)i!h!§'FaJii:!.i~o~~. should a fire or occur it could result in

(b) (6)

(b) (6)

(b) (6)
There was no measurable air across the Long-wall from the Head-gate entry to the Zero Room entry. The Anemometer that was used by MSHA would not turn nor would the Anemometer that the operator used. No movement was detected. If 9000 CFM would have been available the Davis Low Speed Anemometer that the company used would have turned. The area at the #11 shield was 120 square feet. The velocity would have needed to be 75 feet per minute; No methane was founQ_at the~!l_ e, the distance of the unventilated are was about 100 feet m

(b) (6)

ATTACHMENTD

46

Attachment D

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

District

I

Rocky Mountain

(b) (6)

J

(b) (6) Date-

J

Selected Citations for Review of Gravity and Negligence Evaluations (Shaded areas are questioned based on narrative and nature of violation)

(b) (6)

(b) (6)

(b) (6)

(b) (6)

The Parking brake on the Caterpillar Front End loader, Model 980, SIN *2KR01585* was not capable of holding the loader on the Stock Pile Ramp. The service brakes were operating and would hold this loader on this grade. This ramp was the maximum grade for the Loader. The front end loader was being used to load haul trucks with fill material. The area was not congested and there was no foot traffic;The equipment operator had reported this to his supervisor and had reported this on the pre-operational examination records, noting the defective brakes, for two The fnr<~m<>n

(b) (6)

(b) (6)

(b) (6)

(b) (6)

(b) (6)

The Shuttle Car Company #41 was not being kept in permissible condition in that there were 3 bolts head found exposed on the cable reel. This could expose the cable to damage if it were to rub on the bolt heads. That could expose the miners to the hazards of an electrical shock or explosion if in the correct mixture of CH4/02 and the splice were to fail arc.

ATTACHMENTD

47

Attachment D

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

District

Rocky Mountain

I

Green River, WY

I Mine 10

-

(b) (6)

]

Date

~ J
(b) (6)

Selected Citations for Review of Gravity and Negligence Evaluations (Shaded areas are questioned based on narrative and nature of violation)
(b) (6)
During inspection of the South, Redi Projects Services contractor's lunch trailer, a heater was found with the fan not guarded securely. There was a guard on the heater, but it was not secured in place, hanging to the side and left the fan unprotected. This could expose the miner who use this lunch trailer to the hazards of coming in contact with movi ng machi~~ 1Jartsf'@]¥,heater was mounted on the wall apP.roximat~yj5lf~oor~.Lf:!r~!ng]!. i.mlikeiyjti~ inaaveltent? contllcFcoulo,bccur.

(b) (6)

(b) (6)
There was a cover plate missing from the front of the control panel for the H03 Boiler with exposed live 120 volt conductors approximately 2 inches past the opening. There was also access to the back of the panel from either side and the conductors could be reached from this area. This could expose employees whom enter this area to the in contact with live electrical conductors. hazards of

(b) (6)

(b) (6)

(b) (6)

ATTACHMENTD

48

Attachment D

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

District

I

Rocky Mountain

I

Green River, WY

I Mine ID (b) (6) -

~

Date -

(b) (6)

J

Selected Citations for Review of Gravity and Negligence Evaluations (Shaded areas are questioned based on narrative and nature of violation)
(b) (6)
IN SHIPPING AT THE BG 204 BAGGER THE ACCESS LADDER DID NOT HAVE A SAFETY CHAIN AT THE TOP. THIS AREA IS ACCESSED TO CHANGE HOPPER VALVES AND OCCASIONAL MAINTENANCE. THE SAFETY CHAIN IS REQUIRED TO PREVENT A MINER WORKING ON THE PLATFORM FALLING THE 80 INCHES TO THE

Mine ID

I

Event

I

Citation

I

Issued

(b) (6)

Type i04( a) Cit

I

I 30 CFR I 57.22213

I S&S I Likely I
1 N

r .-JJL r

lniurv

I

Aft

I Neg

Po

1 s 1 M~

The mine operator failed to maintain 9000 cubic feet of air in the last open crosscut in the 11 east, 8 south, working section. Also know as the 7 Bore Miner section. Mining was in process in the stub to the right of the number three entry at 29 crosscut. The air was measured in the entry between the last open crosscut, number 29, and the next to the last open crosscut, number 28. There was no measurable air detected with a pocketarieiliometer. The area of the entry/opening was established at 115 square feet by the mine operator. The minimum velocity required to have the required 9000 cfm of air in the entry/opening would be 78 feet per minute. The anemometer would have function if that velocity was present. An ElM CO scoop was also in operation between the face and the number 28 crosscut in the number three entry.Ch4 was measured at 0.5%. 02 was measured at 20.9%. Co was measured at 0 ppm. N02 was measured at 0 ppm.

(b) (6)

(b) (6)

(b) (6)
AT THE BC 19C BELT LINE THERE ARE 4 STANDS WITH OUT A SAFETY CHAIN TO PREVENT A OPERATOR FROM FALLING. THE STANDS ARE 50 INCHES HIGH, AND THE PLATFORM IS 351NCHES DEEP BY 30 INCHES WIDE. THE STANDS ARE USED BY OPERATORS ON AN INTERMITTENT BASIS WHEN THE CHUTES ARE PLUGGED OR THE MAGNETS REQUIRE WORK. THE OPERATORS SAID THEY WORE A SAFETY HARNESS WHEN THEY WORKED ON THE STAND BUT WERE UNABLE TO PRODUCE A SAFETY HARNESS IN A TIME FRAME ..

(b) (6)
No person shall smoke where flammable liquids are stored or handled. G T Nix has three diesel storage tanks located in the Decca recovery area. A cigarette butt was found next to the clear diesel tank indicating that someone has been smoking in this area. Should this result in a fire miners could be exposed to possible burn or smoke hazards. This is a diesel tank and it would result in a fire.

ATTACHMENTD

49

Attachment E

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

District

I

Rocky Mountain

I

Green River, WY

(b) (6) I Mine ID ~

Guarding not provided on head roller- plant has been permitted to multiple years without guarding, per operator's statement.

(b) (6)

J

ATTACHMENT£

51

Attachment E

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

District

I

Rocky Mountain

I

Green River, WY

I Mine ID

(b) (6) (b) (6) ~] Date ~

J

Berms not provided on roadway that has been utilized for multiple yrs as stated by the operator .
.-~~--~~~~~~~--~~~~~~~~~~~~--~

Propane tank not labeled or signage - condition permitted to exist for 2 yrs per mine operators' statement.

ATTACHMENT E

52