MSHA Publishes Final Workplace Exam Rule

The final version of MSHA’s Workplace Examination rule was published on April 9, 2018.?It appears to retain the bulk of the changes imposed by the January 2017 rulemaking.?The new rule takes effect June 2, 2018.

What does it require?:
  • A competent person must complete a workplace examination at least once each shift for each working place where miners are scheduled to work.
  • The examination must be conducted ?before work begins or as miners begin work in that place.?
  • Mine operators must promptly initiate any necessary corrective actions for identified adverse health and safety conditions.
  • Mine operators must provide timely notification of adverse conditions that are found but are not promptly corrected to miners who will be working in that place.
  • The examination record must be completed prior to the end of the shift, and it must contain:
  • the “name of the person conducting the examination;”
  • the “date of the examination”
  • the “location of all areas examined;”
  • a “description of each condition found that may adversely affect the safety or health of miners” (except conditions that are corrected promptly); and
  • the date the corrective action was taken (except with regard to conditions that are corrected promptly and do not have to be recorded on the examination record.)
  • the mine operator must keep the examination record for one year and make the record available to MSHA and the miners’ representative, with a copy provided upon request.
What do you need to do?
  • ensure you have proper paperwork
  • check records to be sure that proper follow-up occurs in documenting corrective actions.
  • retrain all miners on the new protocols
  • audit crews to ensure that they perform all required examnations of the right places at the right times (before or as work begins, and before exposure of miners to adverse conditions) and with notice to miners of adverse conditions found that are not promptly corrected

For questions or if you need help implementing the proper paperwork contact our office at (518) 623-2352.