DOL Regulations - Live Q&A Session with MSHA
The live chat with MSHA has concluded. Please view the archive of the chat below or join us for one of the other live chats scheduled for this week.
Archived Q&A Session with MSHA
Tuesday December 8, 2009
1:31 Joe Main: Good afternoon and welcome. I am Assistant Secretary for MSHA Joe Main. As you know, yesterday Secretary Solis announced the Department's regulatory agenda. Today, we are here to discuss MSHA's portion. MSHA's agenda supports Secretary Solis' vision of Good Jobs for Everyone. The regulatory actions support the Secretary's commitment to better protect the safety and health of miners and assure that miners have a voice in their workplaces. I would like to highlight a few of MSHA's priorities.
Respirable Coal Mine Dust. MSHA will review Advisory Committee recommendations and NIOSH criteria document to develop a proposal to lower exposure to coal mine dust and End Black Lung.
Continuous Personal Dust Monitors. We are soliciting information on a new device that provides real-time information on coal mine dust exposures.
Silica. MSHA will propose a rule to reduce miners' exposure to silica, using OSHA's risk assessment, as appropriate.
Proximity Detection Systems. MSHA will solicit information on a device to reduce underground crushing and pinning accidents.
Metal and Nonmetal Impoundments. MSHA will solicit information on proper design, construction, operation, and maintenance of impoundments.
Let's begin.
1:31 Comment From Tim Huber: Are the drug testing regulations going to re-emerge?
1:31 Joe Main: Tim, thank you for your question. As noted in the Regulatory Agenda, MSHA will collect data to determine the extent to which the use of alcohol or drugs contributes to mine accidents, and will continue to consider options available to the Agency.
1:32 Comment From Ashley: Are there any new developments in the proposed drug and alcohol testing regulations?
1:32 Joe Main: Ashley, thank you for your question. Please see the regulatory agenda. There have been no new developments.
1:35 Comment From D.T.: Following the Secretary's visit to a coal mine this past August, what (if any) new legislation does MSHA have pending that will improve safety conditions in our nation's mines?
1:35 Joe Main: Today's discussion is about regulations the Secretary has announced. There are a number of regulations on the agenda that are aimed at improving health and safety for the nation's miners. Thank you very much for your question, D.T.
1:36 Comment From Ellen Smith: Can you please explain why it will take so long for MSHA to finalize new dust and silica standards when there is ample evidence of a problem, and solutions?
1:36 Joe Main: Ellen, MSHA must follow the notice and comment rulemaking process which provides for public input. The process includes other administrative and regulatory requirements. As you will notice the process has been shortened from the last regulatory agenda.
1:38 Comment From Patrick Gazewood: Dear Assistant Secretary Joseph Main, Let me introduce myself, My name is Patrick A. Gazewood, I am 48 years old, I am metal/nonmetal gold miner from Spring Creek NV. With 25 years experience in the mineral industries. 7 years open pit, 18 years underground experience, 17 years of underground mine rescue experience. I am a life long advocated of mining safety. I was diagnosed 2 years ago with silicosis. I know first hand what these disabling lung disease can do to you and how it effect an individual. I must applaud you for taking up the call to stop black lung, and other puenunomcosis I would like to first make a brief comment it I may before I ask my questions. For the last two years I have been fighting with my company about this illness, I have also learned that there are many regulations & benefits that the Coal industries enjoy, that are not available to other miners in the metal/nonmetal, and sand and gravel industries. Here are some of the benefits that are extended to coal miners but not the rest of the industry are these. Regular health screening every 5 years for those exposed, Then screening every 2 years if black lung is detected, access to niosh mobile screening lab, death & spouse benefits, higher levels of dust monitoring on a more consistent regular scheduling. These benefits that have been fought for by years coal miners, union organizations and other groups have paved the way for rule making that is overdue. Over the past
1:38 Joe Main: Patrick, could you please finish your question it was cut off.
1:38 Comment From Tim Huber: does the order of your priorities represent the order we can expect regulations
1:38 Joe Main: Thanks for your question, Tim. Please see the regulatory agenda. The expected timelines are included.
1:40 Comment From Guest: Will drug testing consider copying DOT law?
1:40 Joe Main: Thanks for the question, Guest. Please see the regulatory agenda. MSHA will collect data to determine the extent to which the use of alcohol or drugs contributes to mine accidents, and will continue to consider options available to the agency.
1:42 Comment From Ken Ward Jr.: Why has MSHA removed the word "limits" from its agenda item calling for reducing coal dust exposure ... is MSHA no longer committed to reducing the PEL?
1:42 Joe Main: Ken, MSHA did not remove the plan to lower the PEL. MSHA consolidated the rulemaking from the previous regulatory agenda on plan verification and compliance sampling, determination of concentration of respirable coal mine dust (single sample) and lowering the respirable coal mine dust PEL into one rulemaking. The new rulemaking - as noted - will be designed to lower exposure to coal mine dust.
1:45 Comment From Bob Bennett: This week, it seemed MSHA will initiate its Dust Sweep, when every coal mine inspector will dedicate a part of each inspection to health-related activities and apply the lessons learned during the "Special Dust Emphasis Inspection Program" that took place earlier this year. When will the research be published on that?
1:45 Joe Main: Thanks, Bob, MSHA plans to list a summary of the findings of the Special Emphasis Program (SEP) on our Web site, http://www.msha.gov/.
1:46 Comment From Guest: I saw in you reg agenda items on Black lung. How prevalent is this amongst miners? Is this the first time the government is taking action on this?
1:46 Joe Main: Thanks for your question. According to the National Institute for Occupational Safety and Health, over the last decade, more than 10,000 miners have died with Coal Workers' Pneumoconiosis--one of the lung diseases from overexposure to coal mine dust. Miners--even young miners-- are continuing to get this disease. Please take a look at the MSHA Web site. We've posted a lot of information and links as part of our End Black Lung--Act NOW campaign.
1:48 Joe Main: For more info on our End Black Lung Campaign, visit: http://www.msha.gov/S&HINFO/BlackLung/Homepage2009.asp
1:48 Comment From Greg Godbey: Will anything be discussed other than what is listed in the agenda?
1:48 Joe Main: Thanks for asking, Greg. Our focus today is exclusively on the regulatory agenda.
1:48 Comment From Ken Ward, Charleston Gaz.: Why is MSHA withdrawing the proposal for drug and alcohol testing of miners?
1:48 Joe Main: Ken, MSHA withdrew the proposal due to limited data and overwhelming adverse comments from all segments of the mining community.
1:49 Comment From Mark Garrett: What is the next step for the silica standard process?
1:49 Joe Main: Mark, MSHA intends to issue a proposed rule.
1:51 Comment From Press inquiry via email: Why has MSHA removed the specific plan to lower the PEL on coal dust from its regulatory agenda? What is the argument in favor of not reducing the PEL, given the recommendation from NIOSH to do so?
1:51 Joe Main: MSHA did not remove the plan to lower the PEL. MSHA consolidated the rulemaking from the previous regulatory agenda on plan verification and compliance sampling, determination of concentration of respirable coal mine dust (single sample) and lowering the respirable coal mine dust PEL into one rulemaking. The new rulemaking--as noted--will be designed to lower exposure to coal mine dust.
1:51 Comment From Jim Carroll: Hi Joe. Do you have an update on when MSHA will be putting out an NPRM on coal dust? Thanks.
1:51 Joe Main: Thanks for your question, Jim. We plan to issue the NPRM in September 2010.
1:53 Comment From Ken Ward, Charleston Gaz.: Why is MSHA starting a rulemaking on metal/nonmetal impoundments, but not concerning coal impoundments?
1:53 Joe Main: Ken, MSHA currently has regulations that address design, construction, and maintenance requirements of coal impoundments. Similar regulations do not exist for metal and nonmetal mines.
1:55 Moderator: Lots of questions coming in! Here is a photo of Asst. Secretary Joe Main responding to some of them.
1:55 : 
1:56 Comment From Tim Huber: How quickly can we expect regulatory proposals? I know some of these issues are not new.
1:56 Joe Main: Thanks for the question, Tim. MSHA has twelve items listed under the Regulatory Agenda. You can view the Reg Agenda at http://www.dol.gov/asp/regs/unifiedagenda/fall_2009_agenda.pdf. MSHA has already completed some actions listed on the Reg Agenda. Beginning as early as next month, MSHA expects to publish additional rules and maintain a rigorous schedule of rulemaking through April 2011 as can be seen in the Reg Agenda.
1:57 Comment From Ken Ward, Charleston Gaz.: se explain the rulemaking item that was added concerning proximity detection devices.
1:57 Joe Main: Ken, Since 1983, there have been 31 fatalities involving miners that have been pinned, struck or crushed by remote controlled mining machines. This is a request for information (RFI) so that MSHA can determine how these systems can increase protection for miners working or traveling in close proximity to mobile equipment.
1:58 Comment From Ellen Smith: I realize the time has been shortened on dust and silica. However, what happens in the meantime when MSHA knows there is a problem? Doesn't this mean miners are still exposed to dangerous levels until the rule is finalize? And do you consider this acceptable?
1:58 Joe Main: Any overexposure putting miners at risk is unacceptable. We are aggressively enforcing our current regulations while bringing greater attention to the health risk from silica and coal mine dust overexposures. We are also working with NIOSH to disseminate information about best practices in dust control. Please see our End Black Lung--Act Now Web site for more detailed information about our current and future efforts.
1:58 Comment From @SHRM: Thanks for holding these chat sessions!
2:00 Comment From Jack: Can you please explain more about the RFI for Proximity Detection Systems? What is its intended purpose?
2:00 Joe Main: Please see the answer to a similar question above (1:57)
2:05 Comment From Hunter Prillaman: OSHA has just proposed changes to its hazard communication rule to follow global standards. Will MSHA make similar changes?
2:05 Joe Main: Hunter, this is not on our current regulatory agenda.
2:07 Comment From Regina Johnson: Why has it taken so long to come up with new standards for the continuous dust personal monitors? Is it purely based on technology advances?
2:07 Joe Main: Regina, this administration has decided to move forward and is seeking information on how MSHA can develop and an effective and comprehensive monitoring strategy for coal mine dust incorporating the use of Continuous Personal Dust Monitor. MSHA published a request for information on Dec. 14, 2009. We encourage you to submit comments.
2:08 Comment From Patrick Gazewood: My question is what can be done to analysis, implement, and bring to fruition the same level of protection/health monitoring so that all of the nations miners, and not just coal miners of America can be protected form the terrible diabling interstatial lung desisas? An will you and other at MSHA take up this cause?
2:08 Joe Main: Thanks for clarifying your question, Patrick. MSHA plans to focus attention on health issues affecting miners. MSHA will be developing a proposed rule for silica, and that proposal will be designed to protect all miners.
2:09 Comment From Guest: Will inspectors be trained in IH monitoring in accordance with ICGIH? They do not pre or post calibrate anything on site currently.
2:09 Joe: Guest, our inspectors are trained to sample in accordance with our current regulations.
2:12 Comment From Steven: Is it reasonable to call it "End Black Lung"? Can it truly ever be ended?
2:12 Joe Main: Ending Black Lung is our goal. This will take continuing attention to control of respirable dust exposures. The risk of Black Lung is a result of the intensity and duration of exposure. Our efforts are directed at making sure that miners spending a working lifetime in coal mines do not develop lung disease from their exposures.
2:12 Comment From Tim Huber: Small operators have shut down by the dozens in part because of the cost of regs from the past three years ... how much concern do you have about the cost of black lung and other regs eliminating jobs rather than protecting miners
2:12 Joe Main: Tim, in developing regulations MSHA must take into consideration technological and economic feasibility considerations, including the impact on small operators.
2:17 Comment From Regina Johnson: Regarding the drug testing of miners. I've heard from that drug usage is a big problem. Will you revisit the proposal at a later date?
2:17 Joe Main: Regina, as noted in the regulatory agenda, MSHA will collect data to determine the extent to which the use of alcohol or drugs contributes to mine accidents and will continue to consider options available to the Agency to address this issue.
2:20 Comment From Ken Ward Jr.: Joe -- Perhaps you could clarify -- MSHA previously announced it was going to issue a rule to lower the PEL ... could you speak perfectly clearly here today and pledge that when your proposed rule comes out, it will include a lowering of the PEL?
2:23 Comment From Guest: Regarding the agenda on Legal Identity, what is the purpose? What information are you collecting from mine operators?
2:23 Joe Main: In response to the question from Guest, MSHA will be looking at whether and how it can identify all potentially responsible ownership interests in a mine.
2:25 Comment From Steven Perry, Arlington: When you say you are soliciting information for some of these issues, can you be more specific as to where you are soliciting from?
2:25 Comment From Guest: Can anyone provide comments to any of the proposed rules? Thank you, by the way, for the great work!
2:25 Joe Main: The notice and comment process is open to the general public and we are soliciting information from a broad array of stakeholders. Any items related to the regulatory agenda are published in the federal register and we encourage anyone to submit comments via www.regulations.gov. This website, www.dol.gov/regulations lists the regulations with current open comment periods and provides a link to easily submit comments on those regulations.
2:26 Comment From derek steadman: what changes can we expect to see in terms of regulating silica dust exposure above and beyond the current regulations?
2:26 Joe Main: Derek, at this time MSHA is developing the proposed rule which will address lowering miners' exposure to silica. At the time the agency issues the proposal we invite you to submit commits.
2:28 Comment From Jim Carroll: What persuaded MSHA to shorten the time for the NPRM on dust from 2012 to 2010?
2:28 Joe Main: We're committed to moving through the regulatory process as quickly as possible.
2:28 Joe Main: Ken, in the Regulatory Agenda there is reference to the NIOSH criteria document that recommends lowering the PEL. That would be part of the rulemaking. MSHA is committed to proposing a rule that will reduce miners' exposure to respirable coal mine dust.
2:30 Comment From UMWA L.Raisovich-Parsons: The Regulatory Agenda projects a final rule for Continuous Personal Dust Monitors in April. Do you anticipate the manufacturers be able to meet the supply demand for the industry to comply with this new rule? How long of a grace period will be permitted for the industry to supply the new personal dust monitors?
2:30 Joe Main: UMWA, the final rule deals with the approval of the Continuous Personal Dust Monitor. The RFI open for comment now, deals with how the CPDM will be used and will address the questions such as the one you raised relative to the supply of CPDM.
2:30 Comment From Mark Ellis: MSHA withdrew the coal and metal/nonmetal standards for explosives and blasting from the regulatory agenda. What prompted the agency to make the withdrawal?
2:30 Joe Main: MSHA does not believe that the data suggest the need for this rulemaking.
2:30 Comment From Mark Ellis: Will MSHA be coming out with a "direct final rule" in January 2010 to make "nonsubstantive organizational changes to improve the efficiency and effectiveness of the Agency's procedures for processing civil penalties?"
2:30 Joe Main: Yes.
2:32 Comment From George Wooten: With all the new regulations being considered on black lung and silica, what if any regulations are being considered on smoking within confined spaces such as enclosed cabs of machines?
2:32 Joe Main: George, we have no plans for such regulations at this time.
2:32 Comment From Patrick Gazewood: Joe, & Sec. Solis Thanks for hosting this webinar it is a good format for the industry & the public to ask questions, Thanks to you time.
2:33 Comment From Jim P.: Will Criteria and Procedures for Proposed Assessment of Civil Penalties include a rewrite of the point system/structure for all assessments?
2:33 Joe Main: Jim, thanks for the question. No.
2:33 Joe Main: Thank you for participating this afternoon. We appreciate the comments and concerns that you have provided to us today. We encourage you to participate in all phases of MSHA's rulemaking process, so that we can achieve Secretary Solis' vision of "Good Jobs for Everyone."
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