2014 crw - be prepared for msha inspections, not just osha

BE PREPARED FOR MSHA INSPECTIONS – NOT JUST OSHA

When can you expect a vehicle or equipment inspection on MSHA

controlled property??

All vehicles entering onto MSHA controlled property ARE REQUIRED to be inspected to ensure compliance with MSHA standards.

30 CFR § 77.1606 Loading and haulage equipment; inspection and maintenance. (a) Mobile loading and haulage equipment shall be inspected by a competent person before such equipment is placed in operation. Equipment defects affecting safety shall be recorded and reported to the mine operator.

(c) Equipment defects affecting safety shall be corrected before the equipment is used.

A full inspection by an MSHA compliance officer, should be anticipated at least twice annually for any surface mines and quarries. Underground mining sites should expect a visit from MSHA compliance officers at least a 4 times annually.

How many times has a truck or crane from your company been inspected by a person other than the operator of that equipment or vehicle, before entering onto an OSHA controlled property?

QUESTION

“Federal OSHA is a small agency; with our state partners we have approximately 2,200 inspectors responsible for the health and safety of 130 million workers, employed at more than 8 million worksites around the nation—which translates to about one compliance officer for every 59,000 workers.”

A recent report released by the Government Accountability Office (GAO) states that: “After surveying 22 state- run OSHA programs, they found that the agency has had problems hiring and retaining inspectors, partly due to low pay. The FEDERAL agency hasn’t often taken over state plans because its own (federal) budget is too tight. This has meant that a workplace only gets a visit from OSHA inspectors every 99 years on average, with some state programs even worse. In Texas, a plant can only expect an inspection every 126 years.”

MSHA Related Accident statistics

MSHA Related Vehicle Accident statistics

QUESTION

What can you expect when having a vehicle or equipment subjected to an MSHA “gate inspection”?

Key points to keep in mind • Operators inspection PRIOR to the MSHA gate

inspection is required. 77.1606(a) • All gauges and warning lights MUST be working.

77.404(a) • Air systems will be checked to ensure “LOW

AIR” warning alarms sound at 60 psi or below, and free from leaks with brakes applied.77.404(a)

• Cab Glass and Windshield wipers must be free from damage and functioning correctly. 77.1605(a)

Key points to keep in mind • Extraneous materials- No trash etc allowed in

the cab, all items must be securely stowed. 77.1607(d)

• Oil accumulation must not be present- including oils, grease or any combustibles. 77.1104

• Fire Extinguishers must have a metal inspection tag and are required to have a 6 month inspection. 77.1109(c)(1) & 77.1110

Key points to keep in mind • ALL INSTALLED LIGHTS must work, high and

low beams. 77.404(a) & 77.1605(d) • HAZCOM items must be properly stored and

MSDS sheets must be present for ALL chemicals onboard. MSHA Part 47

• Cutting and welding equipment maintained and stored properly . 77.208(e)

• Ensure all required training has been completed and certificates are readily available. MSHA PART 48 SUBPART B

Although OSHA does require pre-shift (Frequent) equipment inspections by a COMPETENT PERSON, no pre-site entry inspections are required. 1926.1412(4)(c) & (d) However, POST ASSEMBLY inspections are an OSHA requirement, to be completed by a QUALIFIED PERSON. 1926.1412 General Industry code stipulates inspections be carried out on both a frequent and periodic basis. 1910.180(d)

OSHA INSPECTION REQUIREMENTS

PPE REQUIREMENTS

Unlike OSHA regulations, MSHA has some specific requirements for use and type of certain PPE. Color coded hard hats shall be worn depending on the Classification the employee falls under. New employees are required to wear a different colored hard hat to those who have been employed for at least 1 year by that employer.

PPE REQUIREMENTS

Fall protection equipment must be used where there is potential danger of a fall. 77.1710(g) NO HEIGHT IS SPECIFIED OSHA designates two different heights in relation to fall protection. • General industry (1910) designates 4 feet. • Construction industry (1926.501) designates

6 feet.

Citations and Costs

From September 2012 to present, MSHAs Dallas district office have issued 127 citations for no vehicle inspection being completed by an operator.

So what does an MSHA citation cost?

Citations can cost anywhere from $100 to in excess of $30,000. MSHA has a points system of which helps inspectors determine the extent of the fine. Also factored into this is the frequency the citation has been handed down to the company. A company will automatically receive an MSHA id once a citation has been issued. The nature of the citation also plays a big part in the cost of the fine.

How does this compare to OSHA ?

Other Than Serious Violation A violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm. A proposed penalty of up to $7,000 for each violation is discretionary. A penalty for an other-than-serious violation may be adjusted downward by as much as 95 percent, depending on the employer's good faith (demonstrated efforts to comply with the Act), history of previous violations, and size of business. When the adjusted penalty amounts to less than $100, no penalty is proposed.

Serious Violation

A violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard. A mandatory penalty of up to $7,000 for each violation is proposed. A penalty for a serious violation may be adjusted downward, based on the employer's good faith, history of previous violations, the gravity of the alleged violation, and size of business.

Willful Violation

A violation that the employer knowingly commits or commits with plain indifference to the law. The employer either knows that what he or she is doing constitutes a violation, or is aware that a hazardous condition existed and made no reasonable effort to eliminate it. Penalties of up to $70,000 may be proposed for each willful violation, with a minimum penalty of $5,000 for each violation. A proposed penalty for a willful violation may be adjusted downward, depending on the size of the business and its history of previous violations. Usually, no credit is given for good faith.

Questions

Thank you