Palm Springs, CA March 3, 2020
2020 Occupational Safety and Health Law
Midwinter Meeting
MSHA: General Update
David G. Zatezalo Assistant Secretary of Labor
Mine Safety and Health Administration 1
The MSHA Mission “to prevent death, illness, and injury from
mining and promote safe and healthful workplaces for U.S. miners”
2
MSHA’s Tools • Fair and consistent enforcement,
including mandated inspections
• Compliance and technical assistance • Training and education • Rulemaking and policy guidance
3
0
0.05
0.1
0.15
0.2
0.25
0.3
0.35
0.4
0.45
0.5
0
500
1000
1500
2000
2500
3000
3500
3,679
4000 Fatalities Fatal IR
25 fatalities in 2019
U.S. Mining Fatalities 1912-2019 19
12
1914
19
16
1918
19
20
1922
19
24
1926
19
28
1930
19
32
1934
19
36
1938
19
40
1942
19
44
1946
19
48
1950
19
52
1954
19
56
1958
19
60
1962
19
64
1966
19
68
1970
19
72
1974
19
76
1978
19
80
1982
19
84
1986
19
88
1990
19
92
1994
19
96
1998
20
00
2002
20
04
2006
20
08
2010
20
12
2014
20
16
2018
4
Mining Injury Rates & Fatalities 2008-2020
Fatals Injury Rate
80 3.50 3.26
53
35
72
36 36
42 46
29 25
28 28 25
4
3.02
2.83 2.75
2.59 2.50 2.47
2.31 2.20 2.17
2.05 2.04
0.00
0.50
1.00
1.50
2.00
2.50
3.00
0
10
20
30
40
50
60
70
Fata
ls
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Calendar Year 5
MSHA Data for 2019
# of Mines Reporting Employment 12,928
- Coal Mines Only 1,131
- Metal/Nonmetal Mines Only 11,797
Total Industry Employment (Operator & Contractor)
330,872
MSHA Inspections/Employees 38,258/1,790
Citations & Orders Issued 99,617
Dollars Assessed (millions) $51.4
6
MSHA’s Mine Portfolio (CY 2019)*
Mine Type Number of Mines
Share of Total
UG Coal Only 388 2.8%
UG MNM Only 241 1.7%
UG Total 629 4.5%
All Surface 12,493 89.5%
Facilities Only 841 6.0% * Includes mines that either reported employment or an injury; or received an inspection or citation.
7
1.5 mg/m³standard in
effect 8/1/16
Coal - Number of Valid MSHA & Operator Respirable Dust Samples
90,803 93,911
80,627 73,313
81,548 82,293 76,812 76,974
88,556
76,385 75,344 79,238 74,358
66,593 60,316 61,677
100,970
138,842
139,584
140,529
0
20,000
40,000
60,000
80,000
100,000
120,000
140,000
160,000
180,000
Calendar Year
CPDM required 2/1/16
1.5 mg/m³ standard in
effect 8/1/16
8
Average DO Dust Concentration in Underground Coal Mines, by MSHA and Operator Samples
*Av
erag
e D
ust C
once
ntra
tion
– m
g/m
3
1.15
1.10
1.05
1.00
0.95
0.90
0.85
0.80
0.75
0.70
0.65
0.60
0.55
0.95 0.92
0.88
0.72
0.86 0.86
0.89
0.81
0.77 0.77 0.74 0.73 0.72
0.69 0.68
0.64
0.69 0.63
0.61 0.60
1.09 1.07
1.00
0.93 0.91 0.92
0.96 0.95
0.87
0.82 0.80
0.73 0.73 0.71 0.70 0.69
0.64
0.61 0.61 0.57
Operator Avg. Conc. MSHA Avg. Conc.
Calendar Year
* Designated occupations (DO) exposed to the highest levels of respirable coal mine dust.
9
10.00%
9.00%
8.00%
7.00%
6.00%
5.00%
4.00%
3.00%
2.00%
1.00%
0.00%
9.08% 9.08%
7.98%
6.27% 6.40%
7.29% 7.58%
6.49%
5.45%
4.68% 4.17%
3.90% 3.50%
3.06%
2.36%
1.65%
0.79% 0.88% 0.91% 0.82%
Calendar Year
Coal - MSHA & Operator Respirable Dust Samples % > Standard
10
Coal - Number of Valid MSHA Quartz Samples
6,873 7,280
5,311 4,488
5,294 5,461
4,339 4,125 4,483 4,301 3,928 3,537 3,573 3,199
6,389
9,970
11,720
14,634 14,854 14,100
0
2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
Calendar Year
11
60
50
40
30
20
10
0
55.5 50.9 49.3
45.2 41.9
33.1
27.7 25.0 25.1 25.6 24.6
Calendar Year
UG Coal -MSHA Average Designated Occupation*
Quartz Concentration by Calendar Year
* Designated occupations (DO) exposed to the highest levels of respirable coal mine dust.
12
20.00%
18.00%
16.00%
14.00%
12.00%
10.00%
8.00%
6.00%
4.00%
2.00%
0.00%
18.72% 17.84%
15.76% 15.07%
14.05% 13.58% 13.50%
11.30% 10.57%
10.14%
7.97% 8.32% 7.42%
6.74%
2.43% 1.78%
1.27% 1.21% 1.21% 1.07%
Calendar Year
Coal - MSHA Quartz Samples % >100 µg/m³
13
Qua
rtz S
ampl
e Da
te
Dec-19
Oct-19
COAL: QUARTZ SAMPLING RESULTS CY 2019 Total Samples # Over 50 Micrograms % Over 50 Micrograms # Over 100 Micrograms % Over 100 Micrograms
14, 100 840
6.0% 151
1.1%
Sep-19
Jul-19
May-19
Apr-19
Feb-19
Jan-19 0 50 100 150 200
Quartz Micrograms 250 300 350 400
14
All US
100,000 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000
0
89,355
79,518
71,584
64,237
52,362 46,609
40,018 36,541
33,574 30,826 28,671 26,829 25,106 23,378 21,860 20,655 19,981 19,430 18,962 18,643
Calendar Year
Black Lung Claims Paid
Source: https://www.dol.gov/owcp/dcmwc/ 15
Powered Haulage Safety Initiative Powered Haulage accidents were responsible for 50% of fatalities in recent years; 7 of 25 (28%) in 2019 Preventing these accidents is a priority for MSHA, with a focus on: • Mobile Equipment • Belt Conveyors • Seat Belt Safety
16
View from the Operator’s Cab
| 17
|
Actual Activity on the GroundLarge vehicles striking other vehicles or pedestrians have killed 24 miners since 2003
18
Belt Conveyors • Eight miners killed working around belt
conveyors since January 2017; • Since 2008, 20 fatalities and more than 40
permanent injuries • Guarding, lock-out tag-out, properly using
crossovers - all essential for safety
19
|
Seat Belt Safety
• Three fatalities in 2017 and 2018, 3 more in 2019 and 41 fatalities since 2007, involved miners not wearing seat belts
• 6000+ MSHA citations issued for failure to wear seatbelts since 2007 (most in MNM mines)
20
ELECTROCUTIONS of 2019 • THREE FATAL ELECTROCUTIONS IN SIX
WEEKS • Two in West Virginia (Coal – District 04) • One in Louisiana (M/NM – South Central) • Near miss situations such as “victim in
Florida contacted high voltage by placing head in electrical box”
All have somethings in common: 1. No Lock Out/Tag Out 2. Not protected with appropriate PPE 3. Working on electrical equipment with
Certified or Qualified persons present 4. Working – Not Troubleshooting
21
Contractors • 11 of 25 (44%) Fatalities in 2019 were contractors • Contractors represent approx. 25% of workforce • Mine Act defines “operator” to include both
owner/production operators and independent contractors
• Operator & Contractor have equal responsibility for compliance with laws, standards & regulations
• Most (if not all) contractor fatalities correlate with training deficiencies
22
One MSHA Initiative • Blurring the distinction between Coal and MNM
enforcement for more efficient use of resources • Cross-training inspectors and updating systems to
accommodate change where it makes sense • Specialized inspector expertise still required for
certain mines • 213 mines “blurred” • Phasing in 3 Regions and corresponding Regional
Administrators
23
TN
MN
TX
FL
AZ
NV
CA UT CO
WY
MT
KS
NE
SD
ND
WA
OR ID
AK
HI
NM
OK
LA
AR
MO
IA
Mine Safety and Health Enforcement - Regional Map
WI
IL IN
O H
PA
WV VA
KY NC
SC
AL
MS
MI
NY
VT
NJ
ME
NH MA
C T
MD
PR
East
M S
Central
West Vacaville
Denver and Lakewood
Dallas
Duluth
Vincennes
Madisonvill e
Birmingham
Norton Pineville
Beckley
Morgantown
New Stanton Warrendale
Barbourvill e
MN
KY
TN
GA
Denotes District Offices
24
Compliance Assistance and Enforcement
• MSHA held stakeholder meetings and provided in-person compliance assistance and technical advice during the first 90 days.
• Dates and locations of stakeholder meetings can be found on our website at www.msha.gov.
• During this 90-day period (which ended December 31, 2019), MSHA conducted its regular inspections and expected mine operators to comply with the 2018 rule requirements while moving to adoption of the 2017 final rule.
• As of January 1, 2020, MSHA enforces the 2017 final rule and will issue citations to mine operators not in compliance with these requirements.
25
Regulations and Guidance 1. Powered Haulage – proposal projected in 2020. 2. Respirable Quartz – had public session w/ NIOSH. Spring regulatory
agenda will detail next action. Workshop to be held this summer. 3. Permissible Survey Eq – working on proposed rule-estimated for 2020. 4. Electronic Detonators – proposal and direct final rule were published.
To date, no adverse comments received. Notice on next actions will be published early March. MSHA anticipates finalization in March.
5. Part 18 Approvals - Streamlining for Electronic product approvals proposed rule in 2020.
6. Guidance – updating and streamlining MSHA program handbooks is underway to comply with Executive Order and best practices.
26
Questions?
27