Catamount Consulting

MSHA, OSHA, and Work Zone Safety Training and Management

Mine Safety Supervisors and Trainers

Mining Regulation & Compliance 2021

We are closing in at the end of the first quarter of 2021. The pandemic continues to show little mercy, and we welcomed a new administration. During our webinar, MSHA Regulation & Compliance 2021, we welcomed guest speakers Mark Savit, Executive Office of Predictive Compliance, and Brian Hendrix, a partner with Husch Blackwell in Washington, DC.

Mark and Brian discussed the expectations under the new Biden administration, the continued impact of COVID-19, and a discussion of priorities for 2021.

What to expect under the new Biden Administration

MSHA Regulations 2021]

All eyes are on the Office of the Assistant Secretary of Mine Safety and Health Administration (MSHA) leadership. Never before has MSHA elected an Assistant Secretary before May following an election. Generally, the election is in the fall.

A few candidates have been discussed. According to an article on JDSUPRA,

“In what could be one of the more significant redirections of a government agency, the Biden administration’s transition team will almost certainly appoint a union-supported candidate to replace the current Assistant Secretary of Labor, Mine Safety and Health Administration, David Zatezalo. Biden’s candidacy revolved around a pro-labor agenda, and his transition team remains focused on expanding workers’ rights in the workplace. 

The first candidate name with full labor support has been reported by Bloomberg Law – Robert Lesnick, former Chief Administrative Law Judge for the Federal Mine Safety and Health Review Commission, has reportedly expressed interest in heading MSHA. With the backing of the United Mine Workers and the United Steelworkers, Judge Lesnick represents a near-complete rejection of current MSHA leadership and a move towards a pro-labor MSHA.”

The article continues and summarizes, “Regardless of who the next leader of MSHA is, operators should absolutely expect a union-backed candidate to change MSHA’s approach to safety and return to its core mission – enforcement. Now is the time for operators to inject new energy into their safety programs, focusing on compliance-based activities.”

From the U.S. Department of Labor, “The Office of the Assistant Secretary plans, directs and administers MSHA’s activities to eliminate fatal mining accidents, reduce the frequency and severity of accidents, and minimize health hazards through enforcement of mandatory safety and health standards in the mining industry. MSHA also promotes improved safety and health conditions in the nation’s mines through training, education, and technical assistance programs including the testing and approval of equipment for use in the mining industry.”

How does COVID-19 continue to be a factor for MSHA regulations?

On March 10th, MHSA updated its guidance on protecting miners in coal, metal, or nonmetal mines to identify risks of being exposed to SARS-CoV-2, the virus that causes COVID-19, at work and to help them determine appropriate control measures to reduce such risk.

According to the online article from Safety + Health,

“The guidance is pretty straightforward, and we believe several aspects can be incorporated into your existing training plan, and it also contains recommendations as well as references to relevant MSHA safety and health standards that already exist,” acting MSHA administrator Jeannette Galanis said March 10 during a conference call with industry stakeholders. “The guidance is based on CDC guidelines and consistent with programs many of you were good enough to share with us.”

Of significant concern is the question of whether MSHA would explore proceeding with an emergency temporary standard related to COVID-19. The President signed an Executive Order directing OSHA and MSHA to consider ETSs related to COVID-19 and, if determined to be necessary, issue them by March 15.

The new guidance in place advises mine operators and employees to establish or review a virus protection program. The guidance also comments on PPE, social distancing, ventilation, hygiene, and cleaning.

OSHA and MSHA Rules & Regulations 2021

The U.S. Department of Labor states, “The Mine Act gives the Secretary of Labor authority to develop, promulgate, and revise mining health or safety standards for the protection of life and prevention of injuries. Rulemaking is the process of developing and issuing rules (rules are also referred to as “regulations” or “standards”). The process can lead to the issuance of a new rule, an amendment to an existing rule, or the repeal of an existing rule.”

Crystalline Silica

Crystalline silica regulations

A few years ago, OSHA introduced a new ruling regarding Crystalline Silica which, if inhaled, can cause Silicosis, and is linked to lung cancer and COPD. Some studies indicate it can be a potential carcinogen.

OSHA lowered the exposure limit, and MSHA said it would study the issue under the Trump administration. There is a consensus that the Biden Administration will push to get a Silica rule out from MSHA. There are questions! MSHA has never accepted PPE as part of compliance with the rule. Will they make an exception?

MSHA’s position is to exhaust all avenues to control the amount of dust in the air before introducing PPE to the miners. The mine operators are responsible for violations, in other words, strict liability.

The industry is concerned about how MSHA will regulate Silica levels and the worker’s environment. It is virtually impossible to control Silica in the workplace. They use PPE but increase Silicosis, and the industry does not require PPE, increasing exposure. No one knows what the rule will look like. It is safe to say that nothing will happen until MSHA gets an Assistant Secretary.

Powered Haulage Safety Initiative

MSHA powered haulage safety

About half of all U.S. mining fatalities in recent years – including 13 of the 27 fatalities in 2018 – were due to accidents involving powered haulage. That classification includes mobile equipment, conveyor systems, and anything else under power that hauls people or materials.

MSHA has made the prevention of powered haulage accidents a priority, with an initial focus on three areas: mobile equipment at surface mines, seat belt usage, and conveyor belt safety. Materials on this and related web pages support the powered haulage safety initiative.

The rulemaking process is incomplete and unpublished at this point. The new administration is left with an incomplete rule. We do not know what the new administration will do with the rule. Crystalline silica may be address before powered haulage.

Catamount Consulting: OSHA and MSHA

Catamount Consulting provides experienced, high-quality construction and mining safety professionals for short or long-term onsite safety service assignments. Contact us to schedule a time to talk about your organization and how Catamount Consulting can help you understand the new administration’s impact on OSHA and MSHA rules and regulations.

To view the webinar Regulation & Compliance 2021
Click here for the meeting recording:
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resources- https://www.jdsupra.com/legalnews/big-changes-could-be-coming-to-msha-s-87670/ , and https://www.safetyandhealthmagazine.com/articles/20952-covid-19-pandemic-msha-issues-updated-guidance-as-ets-debate-swirls , https://ohsonline.com/articles/2020/02/01/osha-silica-regulations-one-year-in-the-latest-developments-and-how-businesses-can-remain-compliant.aspx#:~:text=The%20new%20regulations%20limit%20the,be%20assessed%20for%20potential%20health

How does company culture & emotional intelligence affect site safety and employee engagement?

Whether your employees are remote on a construction or mining site or in your office setting, each person brings their emotional intelligence to the workplace. The combination and variations of this emotional intelligence weave and create the fiber of your company culture.

What are company culture and emotional intelligence?

Company Culture and Site Safety

Company culture or organizational culture describes the norms and behaviors within your business. These include policies, procedures, attitudes, goals, and human values such as:

  • Engagement
  • Trust
  • Drive and ambition
  • Motivation
  • Productivity

Enter emotional intelligence. Now we are adding feelings, egos, vulnerability, and self-esteem, to name a few. Mix these attributes inside your company culture and environment. You will find staff productivity and retention, customer retention, and profitability can be at risk.

The pandemic has impacted both company culture and emotional intelligence. As owners and managers, we need to repair the disconnection created by COVID and restore empathy and connectivity to our companies and, more importantly, our employees. The effect this will have on employee engagement and site safety is staggering.

Safety is a byproduct of other things.

Scott McKenna is the President of Catamount Consulting of New York. Scott mentions a valuable point: where is safety in our list of attributes affected by emotional intelligence? Site safety is always first, right? In today’s COVID environment, the healing of a disconnected work environment will lead to engagement. Engagement converts to safety and productivity. Scott shares the statistic that injuries can be reduced by 62% when employees feel safe and engaged.

Build a strong company culture

Emotional Intelligence and Work Site Safety

According to the experts at Indeed,

“In addition to salary, benefits, and opportunities to grow professionally, many employees consider company culture an important factor when looking for a new job. In fact, according to an Indeed survey, 46% of job seekers who considered a job but did not apply to it said they ultimately chose not to apply because they didn’t feel it would be a good culture fit.

Understanding different business cultures can help you develop a positive one for your workplace that centers on your company’s values, mission, and goals, and helps your employees be productive, satisfied, and engaged.”

 Involve your management team and employees to collaborate on defining your company culture.

  • Set common and attainable goals.
  • Self-police and be aware of employees struggling with emotional issues.
  • Revisit the goals and share that it is okay not to know how to solve a problem. Look to the team for help.
  • Connect these goals and policies to safety and efficiency goals. Celebrate the wins!

Common ground and common goals

Company Culture and Site Safety

Jason Spector is an expert and authority on team building, emotional intelligence, and its impact on performance. Jason was our guest webinar speaker on January 19, 2021, on the subject of Company Culture and Emotional Intelligence. He shared his views on the impact culture and emotions have on performance, productivity, and of course, worksite safety.

To learn more about engaging your employees and creating or improving your company culture, view our webinar at:

Meeting Recording:
https://us02web.zoom.us/rec/share/iy70PjYCdenJpX5Yq1sq4ukHFSqvOefuLC_iTmf8rAHkqXzCgFDRO_0DNemDQNM.vLWe4X501R1scV2T
Access Passcode: 9?a4bvJ6

We can help.

Catamount Consulting is a provider of comprehensive on and off-site workplace training in all facets of MSHA, OSHA, and Work Zone Safety. Defining company culture and emotional intelligence are proven to create a safer and happier environment. Contact us to schedule a time to talk about your organization and how Catamount Consulting can help you create a collaborative and successful work environment.

MSHA Regulatory Trends in 2021

2021 MSHA Regulatory Trends

The MSHA impact on a reduced number of U.S. coal mines

Fewer coal mining businesses are operating currently in the U.S. The reduction of coal mines may impact the amount and duration of inspections nationwide. With fewer coal mines, there is more time for inspectors to devote themselves to existing operations. It is also plausible that these inspectors may turn to the metal and non-metal mines.

Regional organizations and field district offices may be combined or blurred into one office. The reduction provides significant financial savings to the agency.

Political impact on MSHA rules and regulations trends

There may be some political impact as a result of the 2020 Election. Mark Savit, General Manager of Predictive Compliance, shares his insight on the political implications the elections and transition may have on MSHA.

The incoming administration has not yet, as of this posting, created a Labor Department Transition team. Nor has the Biden team decided on an appointment for the Secretary of Labor position. Traditionally, Assistant Secretaries for OSHA and MSHA trail the appointment process by months. The current Trump administration has not had a confirmed Assistant Secretary for OSHA. Having looked at the transition team, it is compiled of about 90% of people with union connections and strongly pro-labor. Selection may be made with a candidate with ties to the unions such as steel, mining, or operating engineers. As a result, mine owners may be subject to complaints about management and may be pursued more vigorously.

What does MHSA training look like in the future?

MSHA Virtual Training

Training is a vital and critical part of operations, whether mining or construction. The pandemic created the need for virtual or online training. This virtual format widens the net for training options and can include even the most remote locations so long as internet options are available.

  • Virtual regulatory training is a logistically easier solution.
  • To ensure the attendees are active and in person, the addition of check-in requirements will be implemented.
  • Depending on the state and location, hybrid options for virtual and onsite training are possible. Here in NYS, 85% are virtual or online, maybe a hybrid of 40%. The western states are still predominantly training and meeting in person.
  • There is an increased focus on retention level with virtual training to stay relevant. Retention is critical, especially with significantly larger sessions such as the annual refresher.
  • Virtual meetings reduce travel costs. However, miners receive less pay because there is no travel time. The unions may press for in-person training.
  • Functional resources and guest speakers such as Mark Savit are more readily available using virtual training options.

Changes to site audits and inspections

MSHA Site Audit Changes”

Adherence to the CDC guidelines on mining and construction sites has not changed. The addition of wearing a mask, not shaking hands, and socially distancing has no impact on the audit and inspection process. Rules and regulations have not shifted.

Mark Savit built a virtual calculation tool, Predictive Compliance. It works like this: after an inspection, you can enter the violation and calculate the penalty on the spot. The program displays the options for fixing the citations and calculating what the new penalties will be. Completion of this new tool is estimated at 1st Q 2021.

  • Determines the fines in real-time
  • It tells you what the impact is to the penalty if you change anything on the citation. For example, negotiate the determination of negligence from high to moderate or change the likelihood of injury can save thousands if not tens of thousands of dollars.

Being prepared for a MSHA inspection and handling citations keeps workers safe and avoids fines and penalties.

There is no crystal ball.

No one knows what impact the vaccine will have on our personal and professional lives. At Catamount Consulting, we do our best to keep you informed and offer training and information regularly. Visit our Services page to learn more about on and offsite training in all facets of MSHA, OSHA, and firearms safety.

Catamount is dedicated to providing small- to medium-sized businesses with professional safety services, consultation, and compliance strategies at a fair price and with the highest regard for quality and employee safety. Contact us to learn more.

Top cited standards for safety in construction and mining

MSHA and OSHA Safety Standards

The United States Department of Labor and OSHA and MSHA publish an annual list of Frequently Cited Standards. These standards exist to alert companies to these common standards so they can work to recognize and address workplace hazards before an OSHA or MSHA inspection.

Safety standards for construction and mining

Our staff of certified safety trainers compiled their top list of citations below. The goal of these citations is to reduce or eliminate preventable injuries and deaths in the workplace.

Machine Guarding

Electrical Issues

    • OSHA 29 CFR 1910.147 – violations include failing to have machine-specific LOTO procedures, inadequate training on procedures, and failing to conduct periodic inspections of procedures.
    • MSHA 30 CFR 56.12004, 56.12032, 56.12028, 56.12018 – inspection and cover plates, testing grounding systems, identification of power switches in panel boxes, insulation, and fittings for power wires and cables

Hazard Communication

Our earlier blog posts discussed preparing for and navigating your way through an OSHA or MSHA inspection. Knowing the standards and implementing consistent internal inspections and reviews will significantly mitigate your risk of an unfavorable assessment.

The importance of on-site safety

On-site Mining and Construction Safety

The loss of human life or the impact on a family when someone is severely disabled from on-site accidents is devastating. On-site construction and mining safety can impact more than the project site.

  • Understanding OSHA and MSHA safety standards significantly reduce the risk of work-related injuries and accidents. Create a culture of safety knowledge and acceptance to keep your workforce healthy and on the job.
  • Construction commonly occurs in or around populated areas. The public is exposed to the dangers of construction. OSHA standards addressing ladders, fall protection, respiratory protection, and scaffolding can save lives and prepare companies for OSHA inspections.
  • Unnecessary expense occurs when companies operate in an unsafe work environment. OSHA and MSHA fines and penalties can be significant. Additional expenses can include lawsuits, worker’s compensation costs, loss or damage to equipment, and penalties from missed delivery dates.

Create a safe and healthy construction or mining workplace.

Understanding OSHA and MSHA regulations and standards, managing citations, and creating a safe workplace save lives. We have the resources, and we can help.

Visit our Training, Consulting, and Work Zone Safety page to learn more about on-site and office training in all facets of MSHA, OSHA, and firearms safety.

For a daily dose of safety updates and resources, sign up to receive Bob Cornett’s email, Cornett’s Corner.

Conflict Resolution in the Workplace

address conflict in the workplace
A manager discusses an issue about a forklift driver.

Conflict exists in every organization, and in turn, every organization fears confrontation. The word conflict conjures images of people in crisis, anger, and altercation. Conflict can be healthy and cathartic for any organization if conflict resolution is appropriately managed and executed.

Let’s talk about conflict and crisis.

In most of our workplace settings, nearly every person exists in some form of crisis. Their crisis could be personal or professional, yet either way, the situation is present in our workplace and converts to conflict. Reading this, you think conflict is not acceptable and can deteriorate employee morale and negatively affect production.

Is conflict bad? No, conflict can be a useful tool for change. Management may not be aware of the circumstances that have existed in the workplace. When the situation comes to a boil, it presents an opportunity for resolution. Successfully managing conflict and working interactively can:

  • Result in problem-solving by increasing involvement from both parties
  • Promotes open and honest communication
  • Relieves pent up emotion and hostility
  • Be used to educate people and show them how to work
  • Fosters collaboration and innovation
  • Produces change
  • Promotes a fair environment

Why is workplace conflict viewed as harmful and disruptive?

Managers and human resource professionals may be unaware of how to manage conflict to initiate positive change. Employees may feel they are managed by fear, intimidation, coercion, and threats. Perception is reality, even if this statement is untrue. These feelings bring conflict to the workplace, and when unaddressed, can deteriorate morale, teamwork, and productivity.

How does conflict happen in your business?

People are the most valuable asset in any business. In today’s pandemic and economic world, people feel stress, and conflict is somewhat inevitable.

“Society is not all peace and harmony. There is deep dissension and resentment of perceived inequities and injustice.” Dennis Riley, Catamount Consulting

Employees are conflicted, and a variety of triggers may initiate a crisis in your workplace. Triggers include:

  • Miscommunication and poor choice of language
  • Unclear roles
  • Bias (gender, race, religion, and political)
  • Socio-economic status and challenges
  • The negative impact of social media outlets

Your employees are looking to be respected. When they feel disrespected, bad things happen. A seemingly innocent action can push a situation into a crisis. Conflict resolution can disarm the problem by encouraging collaboration and open communication.

The five stages of conflict

The five stages of conflict are Disagreement. Confrontation. Escalation. De-Escalation and Resolution. Triggers in the workplace, lack of respect, and feelings of inequity create the perfect storm for conflict. Management often meets aggression with aggression, only to escalate the conflict. Let’s substitute confrontation with conflict resolution.

To combat the conflict, we turn to “The Four D’s,”

Disengage. Separate people in conflict by interjecting immediately. If the conflict involves only one party, separate them from the group to diffuse the situation.

Diffuse. Allow the individual(s) to vent without interruption. Let people be emotional and do not speak, and they will soon lose their steam.

Disarm. Now we stand on neutral ground and try to find out what is wrong. Do not exert an authoritarian position. Be empathetic and remove the emotion from the situation.

Divest. Separate the person from the problem. Something caused the person to create a confrontation or crisis. Now you can negotiate and address the issue at hand.

How to use negotiation in conflict

effective workplace conflict resolution
Settlement of disputes by the mediator. Dispute Resolution and Mediation. Third-party intermediary.

An integral part of negotiation happens when we focus on interests, not position. Identify the employee’s underlying reasons, values, or motivations. What does the person need to move to the next step?

Generate different options for mutual gain. Identify and satisfy common interests through collective brainstorming. Collaboration invites both sides to the negotiation table in a fair capacity. Understand and accept there is no perfect solution or resolution. The outcome should benefit both the company and the individual.

Sadly, the ‘plus one rule’ identifies the one individual that is so divisive that they cannot be brought to resolution. The next step is up to you and the human resource policies you have in place.

Implementing an effective conflict resolution process in your business

Catamount Consulting is a provider of comprehensive on and off-site workplace training in all facets of MSHA, OSHA, and Work Zone Safety. Our Conflict Resolution Training is customized and scaled based on the size of your organization.

Conflict resolution in the workplace does not have to be frustrating or intimidating. Contact us to schedule a time to talk about your organization and how Catamount Consulting can help you manage workplace conflict and create a collaborative work environment.