On January 1st, MSHA began full enforcement of its revised “workplace examination” rule (30 CFR 56/57.18002) for employers and contractors working at metal and nonmetal mines. This rule applies at cement plants, quarries and sand pits, as well as more traditional mine sites such as metal and coal mines. The rule applies not only to the operators of these facilities, but also to contractors and subcontractors and even some vendors providing construction, electrical and mechanical services on-site.
Join us on February 20th to find out the revised documentation requirements, who can qualify as a “competent person” to conduct the exams, what actions are required when hazardous conditions are identified or an imminent danger is present, and how MSHA intends to enforce the new rule. The presentation will also cover personal civil and criminal liability under the Mine Act for individuals who perform and document the workplace exams.
- The differences between the original rule, the 2018 Trump version that was rejected by the court in 2019, and the final version now in effect
- How MSHA expects workplace examinations to be documented, and how long mine operators and contractors must retain the records
- What the consequences are for employers if an exam is done “inadequately” and how MSHA can “double dip” on citations
- Who can serve as a “competent person” to conduct the examinations each shift, and what personal legal consequences can arise for the examiners
- When examinations must be performed, what information must be communicated to miners and contractors, and how MSHA can use the information in enforcement under the Mine Act’s strict liability provisions