How It Works!

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How It Works!

• All employees must be trained in and understand
  The Mining Safety Law.

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The MSHA Inspector believes there is a hazard.
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The Act

• SEC. 104. (a) If, upon inspection or
  investigation, the Secretary or his authorized
  representative believes that an operator of a
  coal or other mine subject to this Act has
  violated this Act, or any mandatory health or
  safety standard, rule, order, or regulation
  promulgated pursuant to this Act, he shall, with
  reasonable promptness, issue a citation to the
  operator. Each citation shall be in writing and
  shall describe with particularity the nature of
  the violation, including a reference to the
  provision of the Act, standard, rule, regulation,
  or order alleged to have been violated. In
  addition, the citation shall fix a reasonable
  time for the abatement of the violation. The
  requirement for the issuance of a citation with
  reasonable promptness shall not be a
  jurisdictional prerequisite to the enforcement of
  any provision of this Act.

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Supposed Hazard
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Possible Citable Standards

• 30 CFR 56.3131 Pit or quarry wall perimeter.
• In places where persons work or travel in
  performing their assigned tasks, loose or
  unconsolidated material shall be sloped to the
  angle of repose or stripped back for at least 10
  feet from the top of the pit or quarry wall.
  Other conditions at or near the perimeter of the
  pit or quarry wall which create a
  fall-of-material hazard to persons shall be
  corrected.
• 30 CFR 56.3200 Correction of hazardous
  conditions.
• SCALING AND SUPPORT
• Ground conditions that create a hazard to persons
  shall be taken down or supported before other
  work or travel is permitted in the affected area.
  Until corrective work is completed, the area
  shall be posted with a warning against entry and,
  when left unattended, a barrier shall be
  installed to impede unauthorized entry.

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View from different side
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Inspector stands under supposed hazard
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Inspector exposes miner
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The Act

• SEC. 104. (a) If, upon inspection or
  investigation, the Secretary or his authorized
  representative believes that an operator of a
  coal or other mine subject to this Act has
  violated this Act, or any mandatory health or
  safety standard, rule, order, or regulation
  promulgated pursuant to this Act, he shall, with
  reasonable promptness, issue a citation to the
  operator. Each citation shall be in writing and
  shall describe with particularity the nature of
  the violation, including a reference to the
  provision of the Act, standard, rule, regulation,
  or order alleged to have been violated. In
  addition, the citation shall fix a reasonable
  time for the abatement of the violation. The
  requirement for the issuance of a citation with
  reasonable promptness shall not be a
  jurisdictional prerequisite to the enforcement of
  any provision of this Act.