Catamount Consulting

MSHA, OSHA, and Work Zone Safety Training and Management

Mine Safety Supervisors and Trainers

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.

How to handle MSHA citations

MSHA upholds some of the strictest safety and health standards in the country. If a violation is found during a mine inspection, a citation can be issued, and MSHA will order miners out of the affected area. To keep workers safe and avoid costly fines and penalties, it is essential to handle any MSHA citations promptly and to take steps to prevent future violations from occurring.

MSHA Inspection and Citations

Before the Inspection

Conduct thorough workplace exams.  The best way to avoid a citation is to address problems as they occur.  A thorough workplace exam will help you identify deficiencies so that they can be corrected.  Record what you find and what corrective actions you’ve taken. MSHA requires deficiencies to be corrected in a timely fashion…so be diligent and address issues as they come up.  Make sure your employees know what to look for and why.   Contact the safety department if you need assistance.

Review the Standards:  Supervisors should be familiar with the various sections of the CFR book and know how to look the standards up.  Competence plays a big part in their mind.  It is also a good idea to discuss the standards at safety meetings.

Initial response

If an inspector presents an alleged violation, it is okay to respectfully disagree with their finding. The key to avoiding or reducing a MSHA citation is to remain calm and professional. Discuss the issue with the inspector in the field before a citation is written.

  1. Ask the inspector why they think a citation exists and what type of hazard it is classified as. Review the standard with them to confirm what it states. If you have questions, review the standards in the CFR.
  2. If the inspector pushes for more information, cooperate in answering their questions, and explain when appropriate. Answer truthfully and provide helpful information while avoiding harmful admissions.
  3. Present your defense to the inspector.
  4. If the hazard is obvious, take immediate action to fix it, then promise to investigate the issue and take steps to prevent it from happening again in the future. Don’t offer misleading statements or engage in any arguments with the inspector.

What to look for in a citation

An MSHA citation must include several key elements. First, it must be provided in writing; no oral citations can be given under Section 104. The citation must also include a description of the alleged violation and its classification and a reference to the specific regulation that was allegedly violated.

Contesting a MSHA citation

If you feel a citation was unfounded, you have the right to challenge it. When considering whether a violation should be challenged, look into whether the alleged action was prohibited by a standard or if there was a failure to comply with a stated requirement. Next, assess the gravity of the violation. How likely is it that an accident could have occurred, and how severe would a potential accident have been? Finally, review the potential level of negligence. What was known about the violation, and when was it known? What was done about it?

 Contesting MSHA Citations

Resolve the issue

Ultimately, MSHA requires that any proven citation be resolved promptly, so it is crucial to take swift action to address the violation. To prevent future citations, discuss the MSHA requirements to ensure everyone knows what to look for and take proactive steps to address any issues as they come up to ensure continued compliance.

When dealing with MSHA inspectors, remember that your relationship with the agency is vital for the safety and compliance of your operations. Always remain professional and take action to stay informed of the regulations and requirements. Doing so will keep your production on track and will help you to avoid expensive abatement costs and penalties from violations.

Need help navigating through MSHA citations?

Understanding and handling MSHA citations is an important part of your business. MSHA requires all Surface Miners to have 24 hours of New Miner training initially, then a minimum of 8 hours refresher training each year thereafter. Catamount Consulting’s MSHA-certified instructors teach both Part 46 and Part 48 Surface Mine Training.

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.

How to plan for and manage an OSHA inspection

How to Prepare for an OSHA Inspection

An OSHA inspection can happen at any time. You won’t receive an advance warning and OSHA has been increasing the number of inspections they are performing, so it’s crucial to always be ready.

Catamount Consulting is a national safety and training consulting firm with an essential focus on safety. We want to help you plan, prepare, and complete a successful OSHA inspection.

OSHA violations do not always equate to poor site environments

OSHA violations are costly, with an average of $1,000.00 per violation and can reach a maximum of $134,937.00 per violation. Most sites will experience 1.5 violations per inspection. In the last two years, and with the introduction of COVID-19, non-compliance events have increased to 3 violations on average per inspection.

Few companies are trained or have a training plan for how to manage an OSHA inspection. It would help if you were prepared as the odds of inspection have doubled in 2020.

OSHA inspections are initiated from these familiar three sources:

  • Employee complaints
  • Your company is on the “C” Construction DOL target list
  • Random pass by an inspector who sees a blatant violation

Planning ahead for an OSHA inspection

Planning for the inspection before it happens can help you through the inspection and lessen the exposure. Being prepared creates a controlled and calm environment for you to interact with the inspector and work through the inspection with confidence.

Be prepared for the inspection

OSHA compliance assistance resources

A relaxed, controlled, and welcoming response to the inspector creates an environment for you to manage the situation.

  • Share your materials. Provide all necessary documents, including audits and the site safety plan to the inspector. Be prepared with some questions of your own.
  • Be ready to accompany the inspector. Assign an experienced employee to accompany an OSHA inspector. They are your ‘talker.’ Send along another person to take notes, pictures, and be your second set of ears. Never accompany an OSHA inspector by yourself.
  • Do not withhold any information or materials. You have the best chance of mitigating the damages and getting any allowable reductions while the inspector is on-site. Cooperate and answer any questions.
  • Practice an OSHA inspection. Check your materials and perform regular audits. Are they current? Do they reference employees that are no longer there? Updating these materials will save you an awkward discussion when the inspector is on-site. Practice going through an OSHA inspection as if the inspector were there. This simulation will prepare for success during an actual inspection.

What is a focused inspection?

In most cases, the inspection is performed as a walk around. The inspector and your team walk through the site performing the inspection, as described in the complaint. Ask the OSHA inspector for a focused inspection. A focused inspection targets the areas involved and limits the access and materials needed.

Learn more about OSHA inspections.

You can view our 30-minute webinar “Site Inspections – What is Changing and How to Prepare” presented by Scott McKenna, President of Catamount Consulting of New York, and Richard Wobby, Executive Vice President of AGC VT. Access the recording here.

OSHA inspections do not have to be intimidating or stressful. We hope we alleviated some stress. Visit our services page to learn more about on-site and office training in all facets of MSHA, OSHA, and firearms safety.