Workplace Safety and Health News Alert
ASSISTANT SECRETARY OF LABOR FOR MINE SAFETY AND HEALTH’S TESTIMONY BEFORE THE HOUSE SUBCOMMITTEE ON WORKFORCE PROTECTIONS
February 6, 2018
For clients and friends of Jackson Kelly PLLC
Volume 14, Number 2
©2018 Jackson Kelly PLLC
On Tuesday, February 6, 2018, David G. Zatezalo, Assistant Secretary of Labor for Mine Safety and Health, U.S. Department of Labor, testified before the House Subcommittee on Workforce Protections in a hearing to review “the Policies and Priorities of the Mine Safety and Health Administration.” An archived video of the hearing can be viewed here: https://youtu.be/Ke_z5vEH5Is. Questions posed during the hearing ranged from the Assistant Secretary’s plans to improve the efficacy and functionality of the Mine Safety and Health Administration (“MSHA”) to whether he plans to roll back the recent respirable dust and pattern of violations (“POV”) rules. Congressman Bradley Byrne (R-AL), who serves as Chairman of the Subcommittee, characterized Mr. Zatezalo’s responses to the questions as “genuine and sincere.”
Mr. Zatezalo stated that he has no plans to roll-back any portion of MSHA’s coal mine respirable dust rule and stressed the continued need for research and study of the issue. Likewise, in response to a suggestion by Rep. Mark Takano (D-Calif.) that MSHA ought to adopt a rule aimed at lowering exposure levels to silicosis, Mr. Zatezalo reiterated the importance of additional research before adopting a blanket silicosis rule based on data collected outside of the mining industry. Regarding POV, Mr. Zatezalo commented that the rule appears to have a deterrent effect being that no mines have qualified for a pattern designation over the last three years.
Regarding MSHA, Mr. Zatezalo emphasized the need to improve its communication and technological capabilities. In 2018, MSHA will provide inspectors with improved technology and data collection capabilities which allow for faster intra-agency communication, access to information such as mine plans and educational tools inspectors can use during inspections. MSHA would continue to utilize its compliance assistance program (“CAP”) and tailor it to focus on accident/injury trends. Time spent by CAP personnel will be one-on-one with inexperienced miners which he described as having one year or less in the profession or one year or less in a specific position. Mr. Zatezalo discussed the need for consistency amongst the agency to be “one MSHA” rather than fifteen offices. To achieve consistency, he will continue to engage with MSHA districts personally while increasing the education of his workforce to differentiate between coal, metal/non-metal, small and large operators.
Regarding industry, Mr. Zatezalo testified to an increased focus on powered haulage equipment which constituted forty-three percent of all fatalities in 2017. He emphasized the need to wear seatbelts and stated that a request for information (“RFI”) would be aimed at equipment manufacturers to determine what motion detection and autonomous vehicle technologies are available to prevent haulage collisions.
According to Mr. Zatezalo, Metal/Non-Metal mining employed approximately 140,000 more workers than coal. While MSHA has been considered historically as a “coal-centric” agency, to deal with changes in the demographics of the mining industry MSHA will have to become “mining-centric” requiring a better and different allocation of its resources. Mr. Zatezalo reiterated Several times that the focus of the agency has not changed from previous administrations. The goal is still the non-partisan issue of miner safety, but given his testimony we expect MSHA to take on a more collaborative role with industry than the previous administration.
OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado
Responsible Attorney
Karen L. Johnston
303.390.0008
kjohnston@jacksonkelly.com
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