MSHA CONSIDERING RULEMAKING TO REQUIRE NEW TECHNOLOGY FOR POWERED HAULAGE
April 30, 2018
For clients and friends of Jackson Kelly PLLC
Volume 14, Number 9
©2018 Jackson Kelly PLLC
On April 30, 2018, the Mine Safety and Health Administration (“MSHA”) held its quarterly stake holders call and discussed powered haulage. The call focused on three specific areas where mining fatalities occurred related to powered haulage: large vehicles running over small vehicles, seatbelt safety, and conveyor safety. In 2017, half of mining fatalities were associated with powered haulage and, so far in 2018, that percentage has risen.
In accidents where large vehicles ran over small vehicles, MSHA stated that distracted driving is contributed to fatalities last year, citing issues from cell phone use to tour guides. MSHA’s presentation stressed that installing proximity detection systems on vehicles could prevent many of these accidents.
Addressing seatbelt safety, MSHA focused upon the need to use seatbelts, stating that seatbelts could have saved 35 lives last year. In 30 fatalities, a miner did not use an adequate seatbelt that was available.
The conveyor safety portion stressed locking and tagging out conveyors for maintenance, proper guarding, adequate crossovers, and communication when miners work alone.
Although Assistant Secretary David G. Zatezalo stated that he has no specific plans for rulemaking at the end of MSHA’s presentation, he also said that today’s laws are “not up to today’s standard.” And that MSHA will probably engage in rulemaking to ensure that mine operators outfit equipment with modern technology such as proximity detection if the industry does not do so on its own. MSHA has also issued a Request For Information concerning powered haulage. We will continue to monitor any future rulemaking activity on these issues.
OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado
Responsible Attorney
Karen L. Johnston
303.390.0008
kjohnston@jacksonkelly.com
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