During its recent quarterly stakeholder call, the Mine Safety and Health Administration announced a new “Fire Suppression Safety Initiative” (FSS) to ensure that fire suppression systems on mobile equipment are in working order and capable of extinguishing equipment fires. The initiative appears to involve educating operators about FSS, including proper inspections and maintenance, as well as stepping up related enforcement.
Digging in deeper: OSHA raises enforcement on trenching and excavation
OSHA says it will increase enforcement with a revised National Emphasis Program (NEP) for trenching and excavation because of an increase in fatalities. According to the Bureau of Labor Statistics, trenching and excavation deaths nearly tripled between 2011 and 2016 (130 deaths in all in that time). The revised NEP will add enforcement, compliance assistance, and outreach programs.
Recent case highlights key to defending MSHA immediate reporting citations: Totality of the circumstances
One unique challenge on mine sites is the rule requiring a phone call to MSHA within 15 minutes of certain serious accidents. Operators otherwise consumed with emergency response must make quick, on-the-scene judgments about whether a miner’s medical condition is life threatening. With 20/20 hindsight, MSHA often disagrees with their decisions and issues citations. A recent case vacating a 15-minute reporting citation is a reminder that there are often good grounds to contest such allegations.
NIOSH and private groups turn up the temperature on OSHA for a heat stress standard
Summer may now be over, but the debate over how OSHA should regulate worker exposure to heat – indoors and out – may be getting hotter. Over the summer, both the National Institute for Occupational Safety and Health (NIOSH) and a coalition of private advocacy groups and individuals supported OSHA developing a heat stress standard. While OSHA has offered guidance on protecting workers from overheating and cited companies under the catch-all General Duty Clause, it does not currently have particular heat exposure limits or mandates.
MSHA removes mine from POV status in settlement and retiring commissioner objects
According to a recent court opinion, last month MSHA reached a settlement with a mining company that included removing the company from the list of operators with a “pattern of violations” (POV). While a 3-1 majority of the Federal Mine Safety and Health Review Commission agreed to dismiss the case, one commissioner dissented strongly.
What might a Justice Kavanaugh mean for OSHA and MSHA?
With the nomination of Judge Brett Kavanaugh to the Supreme Court, occupational safety and health professionals may be interested in the impact he may have on future cases involving OSHA, the Occupational Safety and Health Act, MSHA, and the Federal Mine Safety and Health Act. Judge Kavanaugh’s testimony before the Senate Judiciary Committee this week has shown him to be thoughtful and very well qualified (not to mention incredibly patient). At this point, it seems apparent to all that he will soon be confirmed by the Senate.
How a familiar brand cut injuries by 90%
How did one of the world’s most familiar brands go from 30 lost-time injuries per month to two in just ten years? Safety professionals across industries will be interested in this first-hand account about David White’s remarkable run overseeing supply chain at Campbell Soup.
MSHA offers a new way to see your data
Last week, MSHA announced a revamp of its Data Retrieval System web site. The site enables the public to search for information about particular mines, operators, and contractors, including their violation and enforcement histories. During early usage, the new site appeared to be more graphical, slightly more flexible, and somewhat slower than the previous version.
Strengthening its cooperative approach, OSHA updates Voluntary Protection Program
As the Trump Administration pursues its agenda of de-regulation, OSHA issued a policy memo recently, reversing course on a key part of its approach to the Voluntary Protection Program (VPP). According to a May 30th memo, which revised a 2013 policy (“Memorandum #7”), OSHA will no longer automatically issue an Intent to Terminate Notice (ITT) to companies on VPP when certain events occur. Instead, the agency will take a more deferential and conciliatory approach to overseeing VPP participants. The changes implemented by the May 2018 memo took effect immediately.
OSHA adds new silica compliance materials – slides, videos, and FAQ
Need training materials and background information for your construction workforce on OSHA’s new silica rule? The agency recently added to its web site a number of materials that may come in handy, particularly for those in the construction industry.