surface mine safety regulation 25 pa code chapter 209
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Surface Mine Safety RegulationSurface Mine Safety Regulation25 PA Code Chapter 209 25 PA Code Chapter 209
Surface Mine Safety in PASurface Mine Safety in PA
• Many mine sites have safety programs with designated safety personnel.
• Many mines have been operated for long periods of time without any accidents.
Accidents can and do happen.Accidents can and do happen.
• Mining continues to be a dangerous occupation.
• Mining accidents continue to occur in Pennsylvania.
PA SURFACE MINE PA SURFACE MINE FATALTIESFATALTIES
• 2004 1 Coal, 3 Non-Coal
• 2005 1 Coal, 1 Non-Coal
• 2006 0 Coal, 2 Non-Coal
• 2007 0 Coal, 1 Non-Coal
Changes were made because:Changes were made because:
• Mine safety is a priority.• Existing surface mine safety
regulations: – Only apply to bituminous coal mines– Are antiquated.
• No safety regulations for anthracite or industrial minerals surface mines.
Revisions to Chapter 209Revisions to Chapter 209
• Delete the existing provisions and adopt new standards for coal and industrial mineral surface mines.
• Adopt some of the safety standards contained in Mine Safety and Health Administration’s ( (MSHA) 30 CFR by reference.
Adoption of Portions of 30 CFRAdoption of Portions of 30 CFR
• 30 CFR Part 56 – for noncoal.
• 30 CFR Part 77 – for coal and surface areas of
underground coal mines.
Adopting MSHA RegulationsAdopting MSHA Regulations
• Results:– replace antiquated regulations
– provide consistency between state and federal standards
– minimize operator costs
Which Sections to Adopt?Which Sections to Adopt?
Other Factors Considered in Decision:
• Conditions that Mine Conservation Inspectors (MCIs) have the expertise to evaluate.
• Activities that occur within the areas normally visited during MCI inspections.
PADEP’s Surface Mining PADEP’s Surface Mining Conservation Inspectors (MCIs)Conservation Inspectors (MCIs)
• Currently, MCIs identify unsafe conditions and work with the operator to correct those conditions.
• The MCI’s ability to correct unsafe conditions is hampered by the limited scope of the current regulations.
Current AuthorityCurrent Authority
• The existing PADEP regulations differ from MSHA regulations and are not nearly as comprehensive.
The Department is Adopting The Department is Adopting MSHA Regulations Regarding:MSHA Regulations Regarding:
• General safety at surface installations
• Safeguards for mechanical equipment
• General electrical equipment
• Ground control
• General competent persons provisions
The Department is Adopting The Department is Adopting MSHA Regulations RegardingMSHA Regulations Regarding
• General fire protection
• Auger mining
• Loading and haulage
• Miscellaneous items such as: general emergency communication, smoking prohibition, protective clothing, daily inspections, and accident reporting.
Adopting MSHA Regulation Adopting MSHA Regulation SectionsSections
• The changes to Chapter 209 adopt approximately 130 of 700 sections of MSHA's 30 CFR.
Department Mine Department Mine Conservation InspectorsConservation Inspectors
• MCIs are “safety generalists” vs. MSHA inspectors are “safety specialists.”
• MCIs conduct safety inspections as part of their routine environmental inspections.
• MCIs focus their safety inspections on areas within the scope of their expertise.
The Department and The Department and MSHAMSHA
• Department MCI's will work closely with MSHA to ensure consistent interpretations of rules.
• Prior to implementation, the Department will provide sufficient training to MCIs regarding which MSHA regulations are being incorporated.
The Department's The Department's ApproachApproach
• Department emphasis on prevention: – compliance assistance is the primary method
of making mine sites more safe.
• Department compliance/enforcement efforts will follow current program-wide policies and procedures.
Additional InspectionsAdditional Inspections• MSHA Inspectors usually visit mine sites
twice a year.
• MCIs conduct inspections in addition to MSHA safety inspections.
• Additional inspection helps keep the focus on safety.
CommentsComments
• Reporting All Accidents as proposed (including minor accidents and occupational injuries) would be overly burdensome
• Pending requests for Alternative Health and Safety Standards need to be addressed.
CommentsComments• Compliance assistance should be
explained.
• How the Department selected provisions of the MSHA regulations to adopt needs further explanation.
• Access to documents is too general.
Changes MadeChanges Made
• The accident definition (209a.42(a)) was changed to clarify that only serious accidents need to be reported.
• A provision to provide a process to accept pending requests for Alternative Health and Safety Standards (209a.43 (b)) was added.
Responses to CommentsResponses to Comments• Further explanation is in the final preamble
regarding:– Compliance assistance– Selection of adopted sections
• Access to records– The Department concluded that it was
important to retain access to all available records in the event they are needed for an investigation.
MRAB MEETINGMRAB MEETING
• The Mining and Reclamation Advisory Board (MRAB) was briefed on the comments & proposed adjustments at the January 10, 2008 meeting.
• The MRAB supported the rulemaking and recommended DEP proceed with changes made in response to comments.
After the Regulations are After the Regulations are ApprovedApproved
• Safety Inspection Form will be developed.
• The new regulations will be reviewed with Department MCIs and training will be provided.
Safety Inspection FormSafety Inspection Form
Will help the MCIs:– Focus on the areas covered by the
regulations
– Quickly look up the specific regulation they need
MCI TrainingMCI TrainingTo ensure regulatory consistency between
PADEP and MSHA: – MSHA's interpretation of the regulations
will be explained to MCIs
– Specific items in the regulations, such as equipment safety and highwall stability, will be covered.
Thank You!Thank You!
J. Scott Roberts – Deputy Secretary, Mineral ResourcesJ. Scott Roberts – Deputy Secretary, Mineral ResourcesJoe Pizarchik – Bureau Director, Mining and ReclamationJoe Pizarchik – Bureau Director, Mining and Reclamation
William Allen – Division Chief, Monitoring and ComplianceWilliam Allen – Division Chief, Monitoring and ComplianceMarc Roda – Legal CounselMarc Roda – Legal Counsel
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