Technical Training for Safety Inspectors MANAGING AN INSPECTION

1. Technical Training for Safety Inspectors MANAGING AN INSPECTION

2. PREPARATION Mine Examinations Preshift On-Shift Regular Observations 5 Basics Roof control Ventilation Coal accumulations Rock dusting Electrical (Permissibility)

3. Documentation Record Books Make sure corrective actions are taken and documented (No.1 Unwarrantable Failure) Air Readings and corrective assignments, with actions taken Note-taking Observations

4. How To Handle An Inspection Greet the Inspector when he arrives on site and plan on spending time with him while he is at the mine DO NOT CALL UG Inspectors like attention and respect Fewer violations will be issued if you or a section boss are available to take care of small things Engage the section boss immediately upon arriving on the section Allow mining operations to continue as normal Show the inspector that you have knowledge about the section, plans, employees training (task), mining cycles, etc. The more impressed he is with your knowledge of safety and information, the fewer violations issued

5. Handling conditions identified by the inspector Inspectors should immediately tell you if they are going to issue a violation, and make a determination on setting time for abatement - This is seldom done but is REQUIRED and is negotiable Do not comment about the condition, such as “I knew about this” or “I was going to fix it” (No. 2 Unwarrantable Failure) If the condition is minor, try to get it corrected as quickly as possible. A violation may not be issued This is also the time to ask questions of the inspector about the other citation variables Remember, this is not the time to argue or get angry. Control your emotions

6. Note-Taking FADED INK IS ALWAYS BETTER THAN FADED MEMORY

7. Note-Taking Your notes are important to protect you and help later with the violation Document the facts as you see them Measurements, wet/dry, power in the area, etc. Inspectors will document conditions to support their findings, not necessarily all the information Document your opinion of the condition Negligence-you or the supervisor didn’t know about it or how long it appeared to have existed Gravity-how serious was it and what kind of injury could occur How many miners would be affected Document the inspectors attitude, and things that he says

8. Consequences Corrective actions - make sure it is corrected Monetary penalties Everything is now assessed under the point schedule Flagrant violations are an issue Your Liabilities as an agent of the Operator 110 (c ) personal fine up to $60,000 110 (d) personal fine and imprisonment 110 (f) fine and imprisonment for falsifying documents

9. Be Professional Be “friends” with the inspector- remember he believes he is there to protect miners Inspectors don’t make mistakes on purpose to see if you can catch them. They believe they are RIGHT. They also all think they are the BEST inspector It is okay to disagree, but don’t become argumentative or angry If you disagree, or have additional information that the inspector doesn’t know about, tell him about it. If he doesn’t consider it, document it. “The Pen is Mightier Than The Sword” and the inspector has the pen Don’t try to hide things, lie, or present an argument that is illogical. Remember inspectors come from the same background you do

10. From the Inspectors Perspective He is under a microscope Inspectors have recently been disciplined for poor performance Recent Internal Reviews have identified problems and he will be trying not to do the same things Everything he does is being scrutinized by the District and Headquarters because everything is on computers Inspectors are being pushed to enforce the law to the fullest They will make mistakes because of the new policies, regulations and instructions, but will seldom admit it JUST CONFERENCE IT!

11. “NEW” Inspectors MSHA is hiring at record rates and “New” inspectors abound This is when they are at their most intense Training is intense on enforcing the law They are trying to impress They want to make a statement and show they are making a difference They have not yet learned that job satisfaction does not incorporate “numbers” as it did in industry They will make more mistakes, and will be more adamant that they are right It takes about 5 years to make a good journeyman inspector

12. Types of Inspections Regular Inspections A complete inspection of the entire mine (E01) Encompasses all sections, belts, escapeways, travelways, equipment, rock dust surveys and respirable dust and noise surveys A typical section, usually a minimum of 2 days or as many as 3 or 4 days Spot Inspections Maybe made by Regular Inspectors or Specialists Target specific areas, sections, electrical, ventilation, roof control, etc. A typical section, usually just for one shift or a few hours

13. Understanding the types of violations 104 (a) Non S&S (Significant and Substantial) Least serious, although will now be assessed using point schedule—formerly $60 fine Inspector deems that it is unlikely to occur, or would result in no or minor injury, or no people would be affected Inspector gives you reasonable time to abate (correct) 104 (a) S&S Moderate negligence Inspector deems that it could result in injury and is likely to occur, and people would be affected Inspector gives you reasonable time to abate

14. Types of Violations Cont’d 104 (b) order Given for failure to abate a 104 (a) citation in the time allotted 10 points added to penalty schedule One of the worst you can get, as it shows that you disregarded the inspector’s citation Immediate closure of the affected area (now you have all the time you need to fix it)

15. Types of Violations Cont’d 107 (a) Imminent Danger The inspector determines that the condition is so serious that an injury could occur before it can be corrected under normal conditions Can be a combination of things that all contribute to the danger Imminent danger order itself is not assessed Citations will be issued for all violations of the regulations that contribute to the imminent danger, and these will be assessed Examples: unsafe roof, methane, electrical circuits jumpered out, dangerous or faulty equipment

16. Types of Violations Cont’d 104 (d) (1) Citation Starts the unwarrantable sequence Special assessment Is reviewable for willful intent and could result in a special investigation Given if the inspector feels there was high negligence or reckless disregard for the condition observed Must be S&S 90-day clock starts ticking

17. Types of Violations Cont’d 104 (d)(1) or (d)(2) Order Issued for another instance of high negligence within 90 days on the same or on a subsequent inspection Does not have to be S&S Special assessed Reviewed for willful intent Could result in special investigations You can be investigated personally with civil or criminal charges brought Immediate closure of the affected area

18. Types of Violations Cont’d 103 (k) Order Issued when an accident or event occurs MSHA does not formally take control, but closes the area until it deems it is safe for people to enter or work Used for accident investigations, fires, explosions, roof falls, etc. Operator has right and obligation to protect people and property

19. Inspectors will make the following evaluations for each violation they issue Negligence Likelihood Severity Number of persons affected

20. Negligence No negligence Low negligence Moderate negligence High negligence Reckless disregard

21. Likelihood No likelihood Unlikely to occur Reasonably likely to occur Highly likely to occur Occurred

22. Severity No lost workdays Lost workdays or restricted duty Permanently disabling Fatal

23. Number of persons affected Inspector will evaluate this based on the persons in the mine, on the section, or those which may be in the area and be exposed to the condition For example, for an exposed wire on a cable, 10 people may be on the section, but only one would touch the cable at a time, so only one should be affected Extremely subjective!

24. If an inspector tells you he is issuing a violation Ask him what kind he is going to issue If you don’t understand, ask him to explain It is acceptable to ask him what his feelings are about ratings of: Negligence Likelihood Severity Number of persons affected

25. More than likely, he has not given any consideration to most of these ratings (other than negligence), as he has just identified the violation, and thought about the time to abate. He is thinking of negligence because of the “unwarrantable failure” rating, and he needs to make that decision now. You want less than “High” Negligence Considering Likelihood and Severity, you want as low a rating as possible, and may present your best argument for reducing these, as well as reducing the number of persons exposed If an inspector tells you he is issuing a violation

26. It is okay to ask him about these ratings and what his reasoning is for them You may very well have additional information which may convince him that he has rated them too high If you can get them lowered at the mine level before the violations are written, it saves a lot of time, work and money to try to reduce them at a conference or court proceeding Most inspectors will be impressed that you understand these ratings because most people don’t If an inspector tells you he is issuing a violation

27. Assessment of Penalties All citations will now be applied to the point schedule—up to as much as $60,000 104 (d) orders will be special assessed Flagrant violations can be assessed up to $220,000 Failure to report in 15 minutes will result in significant penalties

28. Flagrant violations Reckless failure Violation is S&S Permanently disabling rating or higher Unwarrantable failure Negligence is “reckless disregard Repeated failure Violation is S&S Permanently disabling rating or higher Unwarrantable failure At least two prior unwarrantable failures for the same standard in the last 15 months

29. More on Penalties For many companies, violations were just a cost of doing business Operators and MSHA management argued that penalties were not a deterrent Many felt that accepting the violations and paying the penalties (or reductions) was worth the cost of mining coal Large coal companies know that this is not acceptable MSHA is now taking the approach to change those attitudes with increased and specialized penalties

30. Assisting Section Foremen Eliminate repetitive violations-they result in flagrant violations These are serious—Stillhouse-$761,000 for 4 violations You can’t fix the section in the time it takes the inspector to get from the surface to the section—Keep it up If you know things are wrong-fix them, especially if they have been reported to you If you don’t, they will be reported to the inspector next “Rock dust hides a lot of problems”

31. Why do we allow violations to exist? No one will get hurt Why do we speed when driving? Not a crime against humanity Other things to do--Production Should have been corrected by someone else—not my job We do things that keep equipment running and keep the section going, but sometimes it seems to inspectors that compliance is placed secondary (remember, they are no longer concerned about production)

32. Lines of Defense 1. Ventilation 2. Clean up of coal 3. Rock dusting 4. Ignition sources 5. SCSR’s 6. Refuge Chambers

33. Changing Attitudes Safety “and Compliance” are everyone’s responsibility Compliance must be a normal part of every shifts regular work You can’t leave it for someone else You can’t leave it exist until you think the inspector is coming