Catamount Consulting

MSHA, OSHA, and Work Zone Safety Training and Management

Forklift operator working in a safe work zone

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.

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.

Alternative Case Resolution Initiative (ACRI) Workshop

Husch Blackwell, LLC, Predictive Compliance and Catamount Consulting have partnered to bring the best money saving strategy all year right to your office or home! The average mining operator spends $20,000 per year on citations and penalties. Learn how to reduce or eliminate those fines for just a fraction of that recurring annual cost.
This is a must-attend conference! Given the environment, citations have increased and you need to be prepared to handle MSHA inspectors and their findings.
This two day workshop, 9 am EST – 5 pm EST each day, will cover the legal and procedural processes involved in field inspections, citations and ACRI resolutions. Mine operators and representatives will gain the skills necessary to participate in the ACRI process without having to obtain outside legal representation.
Who Should Attend
  • Presidents, CEOs, vice presidents, managers, supervisors/superintendents, foremen, chief financial officers, mining engineers, safety and health directors, attorneys, and human resource directors, and any other salaried/management personnel who interact with MSHA inspectors.
Workshop Cost
The fee of $495 includes:
  • Two day program
  • Written presentation materials
  • Networking with instructors and other attendees
  • Hands on instruction from industry experts – Mark Savit, Brian Hendrix, Erik Dullea, Avi Meyerstein

MSHA Part 46 Annual Refresher Training

This course is designed to assist you in meeting Mining Safety and Health Administration (MSHA) Part 46 annual refresher requirements; specifically under 46.4 (d). Part 46 applies to shell dredging, sand, gravel, surface stone, surface clay, colloidal phosphate, and surface limestone mines.? Note that while this course covers the majority of subjects recommended for the refresher training, you must also fulfill some of the training requirements outside the scope of this course. For example, the regulations (46.8(b)) require a review of your site-specific hazards.

Training will be conducted over two days – May 13th and 14th – 8:30am-1:00pm both days.

 

 

Webinar: MSHA Inspections During COVID-19 Breakout

Join President of Catamount Consulting, Scott McKenna and Brian Hendrix, Husch Blackwell Partner as they discuss what you need to do to keep your site safety during these times.  Topics will include:

  • The impact is is having on mining operations, maintaining social distancing and necessary precautions
  • How to address existing and potential safety issues
  • What you should be doing ahead of site visits
  • Policies and procedures you can put in place today to keep your employees safety

Can’t make the webinar? Sign up and we will send you a recording of the webinar the day after the actual event.