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Corrections to Four MSHA Agenda Items

The DOL Semiannual regulatory Agenda published April 26, 20210, had inaccurate information about 4 MSHA regulations. What follows is the correct information for these regulatory projects. For 1219-AB37 and 1219-AB71, the dates are corrected. For 1219-AB75 and 1219-AB73, the text in the abstracts has been corrected.

RIN: 1219-AB37
Revising Electrical Product Approval Regulations

Abstract: 30 CFR part 18 (Electric Motor-Driven Mine Equipment and Accessories) describes the approval requirements for electrically operated machines and accessories intended for use in underground gassy mines, and for related matters, such as approval procedures, certification of components, and acceptance of flame-resistant hoses and conveyor belts. Aside from minor modifications, part 18 has been largely unchanged since it was promulgated in 1968. MSHA is proposing revisions to improve the efficiency of the approval process, recognize new technology, add quality assurance provisions, address existing policies through the rulemaking process, and reorganize portions of the approval regulations. MSHA will be addressing the requirements in this part in phases. The first phase, Flame-Resistance Testing of Mining Materials, was completed with the final rule published on December 31, 2008 (73 FR 80580). The second phase will be Intrinsic Safety Requirements. This action will be published second because the MINER Act required underground coal mine operators to submit an Emergency Response Plan (ERP) that sets forth a means of providing post-accident communication and electronic tracking.

Timetable: NPRM-Phase 2 Intrinsic Safety Requirements — 12/00/2010

RIN: 1219-AB75
Preshift Examination of Work Areas in Underground Coal Mines for Violations of Mandatory Safety or Health Standards

Abstract: In the ever changing mine environment, it is critical that hazardous conditions be recognized and abated quickly. Operator preshift examinations for hazards and violations of mandatory health or safety standards are mandated in the Mine Act and are a critical component of an effective safety and health program for underground mines. While this requirement was previously included in regulations, the 1992 final rule addressing ventilation in underground coal mines only included the requirement that the preshift examiner look for hazards. The 1992 rule omitted from the regulation text taken from the Mine Act requiring examination for violations of mandatory safety or health standards. The re-institution of this practice should result in reduced risk of injury, death, and illness and should lead to fewer citations for safety and health violations during MSHA compliance inspections of underground mines. This proposed rule will complement the request for information concerning Safety and Health Management Programs for Mines (1219-AB71).

Timetable: NPRM — 03/00/2011

RIN: 1219-AB71
Safety and Health Management Programs for Mines

Abstract: MSHA will develop a request for information (RFI) to solicit information from the mining community on suggestions for addressing injury and illness prevention through implementation of comprehensive safety and health management programs. The RFI will solicit information in the areas of management commitment and employee involvement; worksite analysis; hazard prevention controls; safety and health training; preshift examination for violations of any mandatory safety or health standards and correction of those that are identified; and program evaluation.

Timetable: Request for Information — 10/00/2010

RIN: 1219-AB73
Pattern of Violations

Abstract: Under 30 CFR 104(e) of the Federal Mine Safety and Health Act of 1977, a mine operator can receive a Pattern of Violations notice. The pattern criteria and procedures are contained in the regulations in 30 CFR part 104. MSHA will review these regulations with the goal of improving consistency in the application of the pattern of violations notice, and requiring implementation of safety and health management program.

Timetable: NPRM — 01/00/2011