CONTRACTORS RESPONSIBILITY OF CFR 30 PART 45 - PowerPoint PPT Presentation

Loading...

PPT – CONTRACTORS RESPONSIBILITY OF CFR 30 PART 45 PowerPoint presentation | free to download - id: 45e31d-M2ZmN



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

CONTRACTORS RESPONSIBILITY OF CFR 30 PART 45

Description:

Untrained independent contractors will be withdrawn from the mine property until the training has been completed. Part ... UNDER 30 CFR PART 46 and 48 ... – PowerPoint PPT presentation

Number of Views:148
Avg rating:3.0/5.0
Slides: 25
Provided by: msha88
Learn more at: http://www.usmra.com
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: CONTRACTORS RESPONSIBILITY OF CFR 30 PART 45


1
CONTRACTORS RESPONSIBILITY OF CFR 30 PART 45
  • David Hamm, CMSP
  • Authorized Representative, Secretary of Labor
  • Mine Safety and Health Administration
  • 480-649-5452
  • hamm.david_at_dol.gov
  • MESA FIELD OFFICE

2
DEFINITIONS
  • INDEPENDENT CONTRACTOR MEANS ANY PERSON,
    PARTNERSHIP, CORPORATION, FIRM, ASSOCIATION OR
    OTHER ORGANIZATION THAT CONTRACTS TO PERFORM
    SERVICES OR CONSTRUCTION AT A MINE

3
PRODUCTION-OPERATOR
  • ANY OWNER, LESSEE, OR OTHER PERSON WHO OPERATES,
    CONTROLS OR SUPERVISES A COAL OR OTHER MINE.

4
Federal Mine Safety Health Review
Commissiontest to help identify a contractor
  • A two prong test conducted by FMSHRC
  • The Commission has found a contractor's activity
    to be sufficiently related to the extraction
    process where its employees are exposed to mining
    hazards and have "a direct effect on the safety
    of others.
  • Spend at least six days at the mine during a 2 ½
    month period, and his contracts could be expected
    to continue.

5
As a contractor what do I need to Identify myself
with MSHA ?
  • Independent Contractors are not required to file
    a legal identity report with MSHA.
  • Any independent contractor that request an
    identification number will receive one from MSHA.
    However, unless cited for a violation, only those
    independent contractors performing work at mine
    sites, or with contracts to perform at a mine (s)
    any of the nine types of services or construction
    listed next, are required by MSHA to have
    identification numbers.

6
9 TYPES OF SERVICES REQUIRING I.D. NUMBERS
  • MINE DEVELOPMENT, INCLUDING SHAFT AND SLOPE
    SINKING
  • CONSTRUCTION OR RECONSTRUCTION OF MINE
    FACILITIES INCLUDING BUILDING OR REBUILDING
    PREPARATION PLANTS , MINING EQUIPMENT AND
    ADDITIONS TO EXISTING FACILITIES

7
Services, cont
  • DEMOLITION OF MINE FACILITIES
  • EXCAVATION OR EARTH MOVING ACTIVITIES INVOLVING
    MOBILE EQUIPMENT
  • CONSTRUCTION OF DAMS
  • EQUIPMENT INSTALLATION, SUCH AS CRUSHERS AND MILLS

8
Services, cont
  • EQUIPMENT SERVICE OR REPAIR OF EQUIPMENT ON MINE
    PROPERTY FOR A PERIOD EXCEEDING FIVE (5)
    CONSECUTIVE DAYS AT A PARTICULAR MINE
  • DRILLING AND BLASTING

9
Services, cont
  • MATERIAL HANDLING WITHIN MINE PROPERTY INCLUDING
    HAULAGE OF COAL, ORE, REFUSE, ETC., UNLESS FOR
    THE SOLE PURPOSE OF DIRECT REMOVAL FROM OR
    DELIVERY TO MINE PROPERTY

10
Contractors ID .
  • TO OBTAIN AN I.D. NUMBER THE CONTRACTOR MUST
    SUBMIT IN WRITING THE FOLLOWING INFORMATION TO
    THE MSHA DISTRICT MANAGER.

11
Contractor ID, cont
  • TRADE NAME AND BUSINESS ADDRESS
  • ADDRESS OF RECORD FOR SERVICE OF DOCUMENTS
  • TELEPHONE NUMBER FOR CONTACT DURING REGULAR
    BUSINESS HOURS
  • ESTIMATED ANNUAL HOURS WORKED ON MINE PROPERTY IN
    THE PREVIOUS CALENDAR YEAR BY THE CONTRACTOR

12
REGISTER OF CONTRACTORS
  • EACH CONTRACTOR SHALL PROVIDE THE
    PRODUCTION-OPERATOR IN WRITING THE FOLLOWING
    INFORMATION
  • CONTRACTORS TRADE NAME
  • BUSINESS ADDRESS AND TELEPHONE NUMBER

13
Register of Contactor, cont
  • DESCRIPTION OF THE NATURE OF WORK TO BE
    PERFORMED BY THE CONTRACTOR AND WHERE AT THE MINE
    THE WORK IS TO BE PERFORMED
  • MSHA 3 or 4 DIGIT I.D. NUMBER IF ANY
  • CONTRACTORS ADDRESS FOR SERVICE OF CITATIONS AND
    OTHER DOCUMENTS

14
Register of Contractor, cont
  • EACH PRODUCTION-OPERATOR SHALL MAINTAIN IN
    WRITING A LIST OF EACH CONTRACTOR THAT IS WORKING
    ON HIS PROPERTY.
  • MUST BE MADE AVAILABLE TO ANY AUTHORIZED
    REPRESENTATIVE OF THE SECRETARY UPON REQUEST

15
Let there be no confusion on compliance and ID
numbers
  • MSHA identification numbers have no effect on the
    compliance responsibility of either the mine
    operator or the independent contractor. Mine
    operators have compliance responsibility for all
    activities at the mine, regardless of whether or
    not the independent contractor in question has an
    MSHA identification number. The mine operators
    overall compliance responsibility includes
    assuring each independent contractors compliance
    with the Act and with MSHAs standards and
    regulations, regardless of whether or not they
    have a MSHA identification number

16
Overlapping Compliance Situations
  • There may be circumstances in which it is
    appropriate to issue citations or orders to both
    the independent contractor and to the production
    operator for a violation.
  • Enforcement action against a production operator
    for a violation (s) involving an independent
    contractor is normally appropriate in any of the
    following situations

17
Overlapping cont
  • When the production-operator has contributed by
    either an act or by omission to the occurrence of
    a violation in the course of an independent
    contractors work
  • When the production-operator has contributed by
    either an act or omission to the continued
    existence of a violation committed by an
    independent contractor
  • When the production-operators miners are exposed
    to a hazard (s)
  • When the production-operator has control over the
    condition that needs abatement. In addition, the
    production-operator may be required to assure
    continued compliance with standards and
    regulations applicable to an independent
    contractor at the mine.

18
Additional Responsibilities of Contractors
  • TRAINING OF THEIR EMPLOYEES UNDER 30 CFR PART 46
    and 48
  • Contractors are required to train all of their
    employees.
  • Contractors can adapt the operators plan or have
    there own
  • Contractors with MSHA ID are required to have
    Comprehensive Training ( new miner training,
    experienced miner training, task training, and
    annual refresher training and hazard training)
  • Contractors required to provide training are also
    required to promptly produce training records to
    show the training has been provided.
  • Untrained independent contractors will be
    withdrawn from the mine property until the
    training has been completed.

19
Part 50, reporting
  • Independent contractors working at mines listed
    in the nine types of services or construction
    must report accidents, injuries and illnesses
    under 30 CFR 50.20.
  • In addition, these independent contractors must
    maintain records of such reports under 30 CFR
    50.40
  • And they must file quarterly man hour reports
    under 30 CFR 50.30
  • Without regard to the type of work being
    performed, all independent contractors are
    required to comply with notification,
    investigation and preservation of evidence
    requirements of 30 CFR 50.10, 50.11, and 50.12
    respectfully, and they are required to comply
    with 30 CFR 50.41 regarding verification of
    reports.

20
Part 50 Reporting
  • ONE CALL DOES IT ALL!
  • Mine operators are required to immediately call
    MSHA's toll-free number at 1-800-746-1553 to
    notify MSHA of an immediately reportable
    accident. This single toll-free phone call is
    required by the Emergency Mine Evacuation Final
    Rule published in the Federal Register on
    December 8, 2006, and is the only call that mine
    operators will need to make to notify MSHA.

Mine operators must call immediately, but no
later than 15 minutes from the time they know or
should know that an accident has occurred.
21
Part 50 reporting, cont
  • Immediately Reportable Accidents and Injuries are
    (within 15 minutes of discovery)
  • Death
  • Injury which has reasonable potential to cause
    death
  • Entrapment for more then thirty minutes
  • Unplanned inundation of mine by liquid or gas
  • Unplanned ignition or explosion or gas or dust
  • Unplanned mine fire not extinguished in 30
    minutes
  • Unplanned ignition of a blasting agent or an
    explosive
  • Unplanned roof fall at or above the anchorage
    zone in active workings where roof bolts are in
    use or, an unplanned roof or rib fall in active
    workings that impairs ventilation or impedes
    passage.
  • A coal or rock outburst that causes withdrawal of
    miners or which disrupts regular mining activity
    for more then one hour
  • An unstable condition at an impoundment, refuse
    pile, or culm bank which requires emergency
    action to prevent failure, or which causes
    individuals to evacuate an area or failure of an
    impoundment, refuse pile, or culm bank

22
Part 50 reporting, cont
  • Damage to hoisting equipment in a shaft or slope
    which endangers an individual or which interferes
    with the use of the equipment for more than
    thirty minutes
  • An event at a mine which causes death or bodily
    injury to an individual not at the mine at the
    time the event occurs
  • Under the Miner Act of 2006, immediate
    notification means within fifteen minutes of
    discovery of the reportable occurrence.
  • Fines for not reporting within the 15 minute time
    frame may be up to 60,000 per violation

23
Site-specific Hazard Awareness Training
  • A mine operator must provide site-specific hazard
    awareness training before any person specified
    under CFR 46.11 is exposed to mine hazards.
  • Office or staff personnel
  • Scientific workers
  • Delivery workers
  • Customers, including over the road truck drivers
  • Construction workers or employees on independent
    contractors who are not miners under 46.2
  • Maintenance or service workers who do not work at
    the mine site for frequent or extended periods
  • Vendors and or visitors
  • The training is good for one year from the time
    it was issued unless new hazards exists or some
    change affecting safety has occurred

24
In conclusion
  • I will be happy to answer any questions or meet
    with you later to discuss any concerns and or
    research any additional information you may need.
  • Thank you for you attention and time
About PowerShow.com