CONTRACTORS RESPONSIBILITY OF CFR 30 PART 45

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CONTRACTORS RESPONSIBILITY OF CFR 30 PART 45

• David Hamm, CMSP
• Authorized Representative, Secretary of Labor
• Mine Safety and Health Administration
• 480-649-5452
• hamm.david_at_dol.gov
• MESA FIELD OFFICE

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DEFINITIONS

• INDEPENDENT CONTRACTOR MEANS ANY PERSON,
  PARTNERSHIP, CORPORATION, FIRM, ASSOCIATION OR
  OTHER ORGANIZATION THAT CONTRACTS TO PERFORM
  SERVICES OR CONSTRUCTION AT A MINE

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PRODUCTION-OPERATOR

• ANY OWNER, LESSEE, OR OTHER PERSON WHO OPERATES,
  CONTROLS OR SUPERVISES A COAL OR OTHER MINE.

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Federal Mine Safety Health Review
Commissiontest to help identify a contractor

• A two prong test conducted by FMSHRC
• The Commission has found a contractor's activity
  to be sufficiently related to the extraction
  process where its employees are exposed to mining
  hazards and have "a direct effect on the safety
  of others.
• Spend at least six days at the mine during a 2 ½
  month period, and his contracts could be expected
  to continue.

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As a contractor what do I need to Identify myself
with MSHA ?

• Independent Contractors are not required to file
  a legal identity report with MSHA.
• Any independent contractor that request an
  identification number will receive one from MSHA.
  However, unless cited for a violation, only those
  independent contractors performing work at mine
  sites, or with contracts to perform at a mine (s)
  any of the nine types of services or construction
  listed next, are required by MSHA to have
  identification numbers.

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9 TYPES OF SERVICES REQUIRING I.D. NUMBERS

• MINE DEVELOPMENT, INCLUDING SHAFT AND SLOPE
  SINKING
• CONSTRUCTION OR RECONSTRUCTION OF MINE
  FACILITIES INCLUDING BUILDING OR REBUILDING
  PREPARATION PLANTS , MINING EQUIPMENT AND
  ADDITIONS TO EXISTING FACILITIES

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Services, cont

• DEMOLITION OF MINE FACILITIES
• EXCAVATION OR EARTH MOVING ACTIVITIES INVOLVING
  MOBILE EQUIPMENT
• CONSTRUCTION OF DAMS
• EQUIPMENT INSTALLATION, SUCH AS CRUSHERS AND MILLS

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Services, cont

• EQUIPMENT SERVICE OR REPAIR OF EQUIPMENT ON MINE
  PROPERTY FOR A PERIOD EXCEEDING FIVE (5)
  CONSECUTIVE DAYS AT A PARTICULAR MINE
• DRILLING AND BLASTING

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Services, cont

• MATERIAL HANDLING WITHIN MINE PROPERTY INCLUDING
  HAULAGE OF COAL, ORE, REFUSE, ETC., UNLESS FOR
  THE SOLE PURPOSE OF DIRECT REMOVAL FROM OR
  DELIVERY TO MINE PROPERTY

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Contractors ID .

• TO OBTAIN AN I.D. NUMBER THE CONTRACTOR MUST
  SUBMIT IN WRITING THE FOLLOWING INFORMATION TO
  THE MSHA DISTRICT MANAGER.

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Contractor ID, cont

• TRADE NAME AND BUSINESS ADDRESS
• ADDRESS OF RECORD FOR SERVICE OF DOCUMENTS
• TELEPHONE NUMBER FOR CONTACT DURING REGULAR
  BUSINESS HOURS
• ESTIMATED ANNUAL HOURS WORKED ON MINE PROPERTY IN
  THE PREVIOUS CALENDAR YEAR BY THE CONTRACTOR

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REGISTER OF CONTRACTORS

• EACH CONTRACTOR SHALL PROVIDE THE
  PRODUCTION-OPERATOR IN WRITING THE FOLLOWING
  INFORMATION
• CONTRACTORS TRADE NAME
• BUSINESS ADDRESS AND TELEPHONE NUMBER

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Register of Contactor, cont

• DESCRIPTION OF THE NATURE OF WORK TO BE
  PERFORMED BY THE CONTRACTOR AND WHERE AT THE MINE
  THE WORK IS TO BE PERFORMED
• MSHA 3 or 4 DIGIT I.D. NUMBER IF ANY
• CONTRACTORS ADDRESS FOR SERVICE OF CITATIONS AND
  OTHER DOCUMENTS

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Register of Contractor, cont

• EACH PRODUCTION-OPERATOR SHALL MAINTAIN IN
  WRITING A LIST OF EACH CONTRACTOR THAT IS WORKING
  ON HIS PROPERTY.
• MUST BE MADE AVAILABLE TO ANY AUTHORIZED
  REPRESENTATIVE OF THE SECRETARY UPON REQUEST

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Let there be no confusion on compliance and ID
numbers

• MSHA identification numbers have no effect on the
  compliance responsibility of either the mine
  operator or the independent contractor. Mine
  operators have compliance responsibility for all
  activities at the mine, regardless of whether or
  not the independent contractor in question has an
  MSHA identification number. The mine operators
  overall compliance responsibility includes
  assuring each independent contractors compliance
  with the Act and with MSHAs standards and
  regulations, regardless of whether or not they
  have a MSHA identification number

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Overlapping Compliance Situations

• There may be circumstances in which it is
  appropriate to issue citations or orders to both
  the independent contractor and to the production
  operator for a violation.
• Enforcement action against a production operator
  for a violation (s) involving an independent
  contractor is normally appropriate in any of the
  following situations

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Overlapping cont

• When the production-operator has contributed by
  either an act or by omission to the occurrence of
  a violation in the course of an independent
  contractors work
• When the production-operator has contributed by
  either an act or omission to the continued
  existence of a violation committed by an
  independent contractor
• When the production-operators miners are exposed
  to a hazard (s)
• When the production-operator has control over the
  condition that needs abatement. In addition, the
  production-operator may be required to assure
  continued compliance with standards and
  regulations applicable to an independent
  contractor at the mine.

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Additional Responsibilities of Contractors

• TRAINING OF THEIR EMPLOYEES UNDER 30 CFR PART 46
  and 48
• Contractors are required to train all of their
  employees.
• Contractors can adapt the operators plan or have
  there own
• Contractors with MSHA ID are required to have
  Comprehensive Training ( new miner training,
  experienced miner training, task training, and
  annual refresher training and hazard training)
• Contractors required to provide training are also
  required to promptly produce training records to
  show the training has been provided.
• Untrained independent contractors will be
  withdrawn from the mine property until the
  training has been completed.

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Part 50, reporting

• Independent contractors working at mines listed
  in the nine types of services or construction
  must report accidents, injuries and illnesses
  under 30 CFR 50.20.
• In addition, these independent contractors must
  maintain records of such reports under 30 CFR
  50.40
• And they must file quarterly man hour reports
  under 30 CFR 50.30
• Without regard to the type of work being
  performed, all independent contractors are
  required to comply with notification,
  investigation and preservation of evidence
  requirements of 30 CFR 50.10, 50.11, and 50.12
  respectfully, and they are required to comply
  with 30 CFR 50.41 regarding verification of
  reports.

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Part 50 Reporting

• ONE CALL DOES IT ALL!
• Mine operators are required to immediately call
  MSHA's toll-free number at 1-800-746-1553 to
  notify MSHA of an immediately reportable
  accident. This single toll-free phone call is
  required by the Emergency Mine Evacuation Final
  Rule published in the Federal Register on
  December 8, 2006, and is the only call that mine
  operators will need to make to notify MSHA.

Mine operators must call immediately, but no
later than 15 minutes from the time they know or
should know that an accident has occurred.
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Part 50 reporting, cont

• Immediately Reportable Accidents and Injuries are
  (within 15 minutes of discovery)
• Death
• Injury which has reasonable potential to cause
  death
• Entrapment for more then thirty minutes
• Unplanned inundation of mine by liquid or gas
• Unplanned ignition or explosion or gas or dust
• Unplanned mine fire not extinguished in 30
  minutes
• Unplanned ignition of a blasting agent or an
  explosive
• Unplanned roof fall at or above the anchorage
  zone in active workings where roof bolts are in
  use or, an unplanned roof or rib fall in active
  workings that impairs ventilation or impedes
  passage.
• A coal or rock outburst that causes withdrawal of
  miners or which disrupts regular mining activity
  for more then one hour
• An unstable condition at an impoundment, refuse
  pile, or culm bank which requires emergency
  action to prevent failure, or which causes
  individuals to evacuate an area or failure of an
  impoundment, refuse pile, or culm bank

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Part 50 reporting, cont

• Damage to hoisting equipment in a shaft or slope
  which endangers an individual or which interferes
  with the use of the equipment for more than
  thirty minutes
• An event at a mine which causes death or bodily
  injury to an individual not at the mine at the
  time the event occurs
• Under the Miner Act of 2006, immediate
  notification means within fifteen minutes of
  discovery of the reportable occurrence.
• Fines for not reporting within the 15 minute time
  frame may be up to 60,000 per violation

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Site-specific Hazard Awareness Training

• A mine operator must provide site-specific hazard
  awareness training before any person specified
  under CFR 46.11 is exposed to mine hazards.
• Office or staff personnel
• Scientific workers
• Delivery workers
• Customers, including over the road truck drivers
• Construction workers or employees on independent
  contractors who are not miners under 46.2
• Maintenance or service workers who do not work at
  the mine site for frequent or extended periods
• Vendors and or visitors
• The training is good for one year from the time
  it was issued unless new hazards exists or some
  change affecting safety has occurred

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In conclusion

• I will be happy to answer any questions or meet
  with you later to discuss any concerns and or
  research any additional information you may need.
• Thank you for you attention and time