Contractor Issues

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Contractor Issues

• North TX Spring Thaw
• February 2009

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In this session

• Whats / What
• Whos / Who
• When / Where
• Thats / That

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When contractor and operator have MSHA
compliance issues, who wins?
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And the Winner is!!!
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Part 45

• This part sets forth information requirements and
  procedures for independent contractors to obtain
  an MSHA identification number and procedures for
  service of documents upon independent contractors

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Part 46

• Mandatory training and retraining of miners
  engaged in shell dredging or employed at sand,
  gravel, surface stone, surface clay, colloidal
  phosphate, or surface limestone mines.

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46.2(p) You

• Production operators and independent contractors

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46.2(l) Operator

• Any production-operator, or any independent
  contractor whose employees perform services at a
  mine.

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46.2(m) Production Operator

• Any owner, lessee, or other person who operates,
  controls, or supervises a mine under this part

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46.2(e) Independent Contractor

• Any person, partnership, corporation, subsidiary
  of a corporation, firm association, or other
  organization that contracts to perform services
  at a mine under this part

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46.2(g)(l) Miner

• Any person, including, any operator or
  supervisor, who works at a mine and who is
  engaged in mining operations. This definition
  includes independent contractors and employees of
  independent contractors who are engaged in mining
  operations

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46.2(f) Mine site

• An area of the mine where mining operations occur

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46.2(h) Mining operations

• Mine development, drilling, blasting, extraction,
  milling, crushing, screening, or sizing of
  minerals at a mine maintenance and repair of
  mining equipment and associated haulage of
  materials within the mine from these activities

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Safety Training
Part 46 Safety Training
Site-specific Hazard Awareness Training
You (Production operator and independent
contractor) must provide
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Part 46 Safety Training
Site-specific Hazard Awareness Training

• CFR 30 46.2(g)(l)
• Development, drilling, blasting, extraction,
  milling, crushing, screening, sizing,
  maintenance, repair of equipment, and haulage of
  materials
• Person
• Operator
• Supervisor
• Independent Contractor
• Employee of independent contractor

• CFR 30 46.11
• To the persons specified under this section
• To the hazards a person could be exposed
• Office or staff
• Delivery workers
• Customers
• Construction workers who are not miners under
  46.2
• Scientific workers
• Maintenance or service workers not at site for
  frequent or extended periods
• Vendors or visitors

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Who is responsible for training(see Program
Policy Manual)

• 46.12 Responsibility for Independent Contractor
  Training
• 46.12(a)(1) establishes that the
  production-operator has primary responsibility
  for ensuring that Site-specific Hazard Awareness
  Training is given to employees of independent
  contractors
• 46.12(b)(1) establishes that each independent
  contractor who employs a miner under this Part
  has primary responsibility for complying with
  other required training.
• MSHA views 46.12 as a regulatory indication of
  whom the agency will cite for training violations
  under ordinary circumstances. Both the
  production-operator and the independent
  contractor share the responsibility that all
  miners receive all required training, and in
  extraordinary circumstances, MSHA may determine
  that both the production-operator and the
  independent contractor should be held liable for
  training violations.

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Who is responsible for training contd
Even though the production-operator has primary
responsibility for ensuring that Site-specific
Hazard Awareness Training is provided, there may
be times where it is more practical for the
independent contractor to provide the training.
Production-operators may provide independent
contractors with site-specific hazard awareness
information or training materials and arrange for
the independent contractors to provide the
training to the contractors' employees. Where
this arrangement is made, the production-operator
must list the independent contractor by name and
document in their training plan that the
independent contractor identified will be
providing Site-specific Hazard Awareness
Training. Even under this arrangement, the
production-operator is still responsible for
ensuring that the appropriate training is
provided.
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56.18002 Examination of Working Place

• A competent person designated by the operator
  shall
• examine each working place at least once each
  shift for conditions which may adversely affect
  safety or health.
• A "competent person," according to 56/57.2, is
  "a person having abilities and experience that
  fully qualify him to perform the duty to which he
  is assigned." This definition includes any person
  who, in the judgment of the operator, is fully
  qualified to perform the assigned task. MSHA does
  not require that a competent person be a mine
  foreman, mine superintendent, or other person
  associated with mine management.

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56.18002 Examination of Working Place contd

• Standards 56/57.18002(b) require operators to
  keep records of working place examinations. These
  records must include (1) the date the
  examination was made (2) the examiner's name
  and (3) the working places examined.
• In order to comply with the record retention
  portion of 56/57.18002(b), operators must retain
  workplace examination records for the preceding
  12 months.

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Overlapping Compliance Responsibility

• Per Program Policy Manual Volume I SEC 104(h) and
  107(d)
• overlapping compliance responsibility means that
  there may be circumstances in which it is
  appropriate to issue citations or orders to both
  the independent contractor and the
  production-operator.

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Records

• Training records
• MSHA ID (updated)
• Examinations of workplace
• Equipment inspections
• Ground fault
• Fire Extinguisher
• Fire Drill / Evac Drill
• 7000-1 (injury / illness)
• 7000-2 (quarterly)
• Audiograms
• Contractor Information
• At bulletin board citations, petitions of
  modification

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Contracts

• Body of contract
• MSHA Standards
• Scope of work
• Hold Harmless
• Read before you sign

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Questions?
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Safety to His Company
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GET IN STEP
SAFETY
TAKES
EVERY
PERSON
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THANK YOU FOR YOUR ATTENTION AND FOR WHAT YOU DO
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That's / That