Supervisory Training 2007 includes Surface Certification Training as required by MSHA CFR 30 Part 77.100

1. Supervisory Training2007includes Surface Certification Training as required by MSHA CFR 30 Part 77.100

2. Supervisors • Do you stop and correct everyunsafe act or unsafe condition? If not, you’re telling the worker it is okay to work unsafe? • If they get hurt because you walked past the unsafe situation….who is at fault? YOU ARE

3. The Supervisor’s Role • In your work area, YOU must ensure your workers are safe. • YOU must integrate safety into every activity of your work group. • AND, as an agent of the company, YOU must ensure ALL workers are safe. Be proactive rather than reactive!

4. The Supervisor’s Role MSHA says, YOU are the Responsible Party • In a nutshell, YOU carry out your safety roles by setting the example. • YOU must take the initiative to maintain a safe and healthy work place for all workers. • YOU do this by creating and fostering a strong safety culture within your work group. • But understand it doesn’t end here…

5. Supervisors Shall: • Communicate with workers regarding safety • Ensure they understand through repeat dialogue • Eliminate or minimize potential for injury • Stop work if continuing would pose imminent danger. • Ensure proper safety equipment is available, and require employees to use it. • Encourage prompt reporting of health and safety issues. • You must act on those safety issues

6. History of MSHA • 1891 – Mine law established ventilation requirements and prohibited children under 12 • 1910 – Coal mine fatalities exceeded 2,000 annually • Bureau of Mines established • Research only • No inspection authority • 1941 – Empowered federal inspectors • 1966 – Federal Coal Mine Safety Act • Applied only to certain underground mines until 1966 • Assessment of penalties • 1969 –Federal Coal Mine Health and Safety Act • More stringent • Included surface mines for first time • 2 annual inspections required for surface (4 for underground) • Federal enforcement powers strengthened • Health standards adopted • Compensation for disabled “black lung” miners

7. History of MSHA • 1973 – Mine Enforcement and Safety Administation (MESA) • Separated Bureau of Mines from mine enforcement • 1977 – Federal Mine Safety and Health Act • Consolidated all the health & safety regulations for the mining industry • Consolidated coal and non-coal mines • Expanded rights of miners • Protected miners from retaliation • Transferred from Dept. of Interior to Dept. of Labor • Agency renamed to MSHA • Fatalities dropped form 272 to 86 in 2000

8. MSHA 101 • Citations and Orders are the primary tool through which MSHA enforces the requirements of the Mine Act and the regulatory requirements set out in 30 C.F.R.

9. Types of MSHA Citations • Non-S and S • S and S • Orders • Personal Fines for Individual Miners (underground mines only – smoking) • Personal Fines for Supervisors

10. Non-Significant and Substantial(Non-S & S) 104 (a) Health or Safety Violations • Minor infractions • You must correct the hazard • Minimum fine - $112 (up from $60) • Generally ‘terminated’ same or next business day

11. Significant and Substantial(S & S) Serious Health or Safety Violations • Must be addressed immediately • Fines run into the thousands • May take several days to correct • If not ‘terminated’ by ‘close-out’… it will require another MSHA visit

12. S&S determinations are based on Gravity Based on two criteria: • If a condition is left unabated, what is the likelihood it would result in an injury; and • If there was an injury, how serious would it be? For a citation to be S&S, an injury must be reasonably likely to occur AND result in lost workdays or restricted duty.

13. Orders • 103 (k) Safety Order • 103 (g) Hazardous Complaint • 104 (b) Failure to Abate • 104 (d) Serious Danger/Health Threat • 104 (e) Pattern of Violations • 104 (g) Untrained Miners • 107 (a) Imminent Danger

14. Orders 103 (k) Safety Order • Restricts access after an accident • Preserves the scene pending an MSHA investigation • Need approval prior to entry for recovery of persons or product, etc. • No penalty

15. Orders 103 (g) Hazardous Complaint • Complaint filed/reported by a miner or miner’s representative of a violation or imminent danger (in writing) • Requires MSHA to conduct an immediate inspection – Operator gets copy of complaint • MSHA notifies reporting party of it’s findings • May result in citation/order being written

16. Orders 104 (b) Failure to Correct Violation • Non-Compliance order • Personnel immediately withdrawn/or prohibited from entry • Increases the cost of the original fine • Withdrawn employees receive full pay

17. Orders 104 (d) Unwarrantable Failure • First violation = Citation • Similar violations = Order (D-series) -A violation, even non-S&S (written within 90 days of first one) -If mine goes next full inspection without an unwarrantable – it is off the D-series and 90-day rule does not apply • Fines up to $220,000 each

18. Orders 104 (e) Pattern of Violations • MSHA’s least-used, but most-feared tool • MSHA can issue notice of POV to any operator having a pattern of S&S violations. • MSHA Screening looks for ‘habitual violators’. • After the notice MSHA is required to issue withdrawal orders for every S&S citation • Last chance notice and District Manager review gives an operator the chance to avoid enforcement action • Generally results in on-going reviews but could lead to forced closure of the mine operation

19. Orders 104 (g) Training Violation • No MSHA Training (Part 46/48) • Annual Training Expired • No Task Training • No Site Specific Training • Withdrawal until trained • Must compensate withdrawn miners

20. Orders 107 (a) Imminent Danger Order • Conditions deemed too hazardous to continue operations due to the possibility of a serious injury • Requires immediate withdrawal from affected area until hazard has been addressed.

21. The MSHA act: Section 110 ...the Act allows MSHA to impose civil and criminal penalties on both the company and AGENTS of the mine. Supervisors and Safety Representatives are AGENTS and can be held responsible, face monetary fines, criminal charges and even jail time.

22. The MSHA act: Section 110 • 110(c) - Corporate agent assessed civil penalty for knowing or have reason to know violations. • 110(d) - Any operator agent who willfully violates and is convicted (criminally) can be assessed up to $250k, 1 year jail time or both. • Fines for second offenses run up to $500K

23. The MSHA act: Section 110 ‘Knowingly’has been defined as: …Knowing or having reason to know.A person has reason to know when he has such information as would lead a person exercising reasonable care to acquire knowledge of the fact in question or to infer its existence. MSHA must show a preponderance of evidence existed.

24. The MSHA act: Section 110 ‘Willfully’ has been defined as: …Done knowingly and purposely by a [person] who, having a free will and choice, either intentionally disobeys the standard or recklessly disregards its requirements.

25. The MSHA act: Section 110 • 110(f) - Up to $250k, 5 years in prison or both for anyone convicted of knowingly making false statements, representation, or certification in any application, record, report, plan or other document filed or required to be maintained by the ACT. Read Supervisor Accountability articles

26. Citations a concern? • If we are doing our jobs, the number of citations should be minimal • Don’t do things just because an MSHA inspector is on site • Work safely and enforce the rules because it is the right thing to do! • MSHA regulations are minimum requirements • Our Safety Handbook can be enforced by MSHA We must do all we can to ensure worker safety!

27. MINE LAW • NEW SUPERVISOR • Pass out Part 77 booklet • Have individual find and read 77.1713 which is the reason for the class • Go through and read selected Part 77 topics • On Shift Examinations • Def. of Active area • Emphasis on pits - highwall & spoil slides • Example of On-Shift form • List of example items on back of form • Do not falsify (back date records or sign for someone else) • As a rep. of the company, you are obligated to follow-through on safety issues you found or brought to your attention.

28. MINE LAW • Discuss most frequently cited standards • Discuss fatalities for this year • Dealing with the MSHA Inspector • Be Honest and up front • Don’t try to hide or deceive • Act promptly on items pointed out • Prevention is the key before he arrives on property • Part 77 Review • Discuss answers as group

30. The three worst coal mine disasters in U.S. history:

31. Injury Notification • Emergency Procedures (Red sheet) • Emergency Disaster and Evacuation Plan (pass out copies) • Rescue video for Draglines (in process) • MSHA’s 15-minute notification (emphasize) (issue new cards) • Follow-up with employees who asks to be off due to an injury • Did the injury or illness occur on the job? • Employees need to come in to complete paperwork in order for Workers Comp to verify any doctor or hospital visits • Key is to get Safety rep involved early on for support

32. SIS (Safety Information System) Logon screen

33. SIS Main Menu

34. Investigate all incidents All injuries, All equipment damage and All near miss incidents shall be investigated

35. Goals of an investigation • Uncover the facts What, when, where, why, who and how • Make necessary notifications • Develop action plan to address root cause • Assign responsibilities • Implement the preventive measures • And from other investigations • Share the information company-wide

36. Conducting an investigation • Care for the injured • Verify the scene is safe before entry • Notify manager and safety rep. • Preserve the scene • Take photos of the scene • Conduct preliminary fact gathering

37. Conducting an investigation • Preliminary fact gathering • Separate immediately and obtain written statements from witnesses • Interview witnesses and those directly involved - separately • Interview the injured as soon as practical • Make necessary notifications

38. Conducting an investigation For serious injuries/incidents • Secure the scene • Flag off against ALL entry including yourself • Could be a crime scene (CSI) • Notify authorities • Do not disturb scene until released by Safety Dept and MSHA rep

39. First Aid Instruction • Changes in the CPR guidelines • More details in upcoming Annual Refresher • Signs of Heart Attack • AED - Locations • Signs of Stroke • Choking • # 1 President’s Life Saving recognition • Blood Borne pathogen program • Emergency O2 Unit • Pre-set with face mask • Use on anyone • Located in Operations Foreman’s office • First Aid Review (handout & discuss as a group)

40. Fire Pre-Plan • Contacting Risk Management • Dust Suppression down for more than a full shift • Major fires

41. Radiation Awareness • A2 Crusher – A-belt • Show DVD (new supv) • Emergency Procedures • Posted inside A2 crusher control room door

42. Methane Spotter and Combustible Analyzer • Hands-on practice (new supv) • Discuss Methane / Oxygen Qualification test

43. Task Training • Filling out the Task Training 5000-23 form • Supv. does NOT have to sign unless he or she was the instructor • Supv. SHALL ensure information on the form is filled out correctly • Task Training Guideline must accompany each 5000-23 (if guideline is available) or it will be sent back

44. Access to Task Training Guidelines through web site

46. MATERIAL SAFETY DATA SHEETS • Online through the Corporate Safety Web Page • Must be made available to the employee if requested