Improving Health and Safetyfor US Miners

Gregory R. Wagner, M.D.Deputy Assistant Secretary

Mine Safety and Health Administration U.S. Department of Labor

August 8, 2001

From the conference agenda:

“Mining fatalities in the United States significantly increased in 2010, in both

underground and surface mining operations. Explore safety issues related

to the mining industry.”

Preview

• Historical perspective

• MSHA mission & mandates

• Who is responsible for safety and health?

• The MINER Act at age 5

• Current efforts to improve health and safety

• Looking ahead

Coal Fatalities 1900 - 2009

18

2,821

548

203

3,242

139

0

500

1,000

1,500

2,000

2,500

3,000

3,500

1900

1905

1910

1915

1920

1925

1930

1935

1940

1945

1950

1955

1960

1965

1970

1975

1980

1985

1990

1995

2000

2005

Bureau of Mines

1910

Federal Coal Mine Safety

and Health Act of 1952Coal Mine Safety and

Health Act of 1969

Federal Mine Safety and

Health Act of 1977

Lowest CY Fatalities on

Record (2009)

Federal Metal and Nonmetallic Mine Safety Act of 1966

• Annual inspections and assessment of civil penalties

• First federal statute directly regulating non-coal mines.

• Provides for inspections, investigations, and the promulgation of standards.

Disaster Strikes in Farmington!

On the morning of November 28, 1968, an explosion occurred at Consol #9 Mine in Farmington, WV…

…78 miners lost their lives

Photo courtesy of the Charleston Gazette

Federal Coal Mine Health and Safety Act of 1969

• Increased enforcement powers in coal mines.

• Required two annual inspections of surface coal mines and four at underground coal mines.

• Required penalties for all violations and establishes criminal penalties for knowing and willful violations.

• Safety standards for coal mines are strengthened and health standards are adopted.

• Provided compensation for miners disabled by black lung disease.

Coal Fatalities 1900 - 2009

18

2,821

548

203

3,242

139

0

500

1,000

1,500

2,000

2,500

3,000

3,500

1900

1905

1910

1915

1920

1925

1930

1935

1940

1945

1950

1955

1960

1965

1970

1975

1980

1985

1990

1995

2000

2005

Bureau of Mines

1910

Federal Coal Mine Safety

and Health Act of 1952Coal Mine Safety and

Health Act of 1969

Federal Mine Safety and

Health Act of 1977

Lowest CY Fatalities on

Record (2009)

Scotia Mine Disaster

1976

Photo by Earl Dotter © 2009

Contact-www.earldotter.com

Federal Mine Safety and Health Act of 1977

• Established MSHA.

• Consolidated the 1966 and 1969 mine acts into a single mine safety and health act.

• Strengthened and expanded the rights of miners.

MSHA’s Mission:

The purpose of the Mine Safety and Health Administration is to prevent death, disease, and

injury from mining and to promote safe and healthful workplaces for the Nation's miners.

Mine Safety and Health Act of 1977

• The first priority and concern of all in the coal or other mining industry must be the health and safety of its most precious resource—the miner

• There is an urgent need to provide more effective means and measures…to prevent death and serious physical harm, and in order to prevent occupational diseases originating in such mines

Mine Safety and Health Act of 1977

• The existence of unsafe and unhealthful conditions and practices…cannot be tolerated

• The operators of such mines with the assistance of the miners have the primary responsibility …

Coal Fatalities 1900 - 2009

18

2,821

548

203

3,242

139

0

500

1,000

1,500

2,000

2,500

3,000

3,500

1900

1905

1910

1915

1920

1925

1930

1935

1940

1945

1950

1955

1960

1965

1970

1975

1980

1985

1990

1995

2000

2005

Bureau of Mines

1910

Federal Coal Mine Safety

and Health Act of 1952Coal Mine Safety and

Health Act of 1969

Federal Mine Safety and

Health Act of 1977

Lowest CY Fatalities on

Record (2009)

42

2830

28

23

47

34

30

18

30

42

2627

35

26

33

23

16

23

0

20

40

60

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Nu

mb

er

of

Fata

liti

es

U.S. Mining Fatalities CY 2001 - 2010

CoalMNM

UBB

29

19

January 2, 2006

Mine Improvement and New Emergency Response Act of 2006

• Requires emergency response plans.

• Criminal penalties up to $250,000 for 1st offense and $500,000 for 2nd.

• $220,000 max civil penalty for flagrant violations.

• Requires wireless two-way communications and electronic tracking system.

Direction of Travel

SCSR Cache Signal

SCSR Cache

Refuge

Alternative

Personnel Door Signal

Directional Indicator

On Branch Line

Refuge Alternative Signal

On Branch Line

Exit

MINER Act Implementation - SCSRs

MINER Act Implementation:

• Improved Mine Rescue• Improved sealing of abandoned areas• Improved notification of entrapments, deaths, and

life-threatening accidents• Improved access to trained emergency responders• Improved training of responders

MINER Act Implementation

• Establish Family Liaisons

–58 liaisons as of 2/2011; regular training sessions

Brookwood-Sago Mine Safety Grants…fund education and training programs to better

identify, avoid, and prevent unsafe working conditions in and around mines.

– $973,000 to grantees in PA

– $330,000 to grantees in CO

– $166,000 to grantees in AL

– $139,000 to grantees in VA

– $111,000 to grantees in WV

– $55,000 to grantees in KY

– $54,000 to grantees in UT

– $52,000 to grantees in FL

– $50,000 to grantees in IL, RI, and IN

MINER Act Implementation:Civil Penalty Increases

• Minimum penalty for unwarrantable failure violations - $2,000 and $4,000 for 104(d)(1) and 104(d)(2) issuances, respectively;

• Minimum penalty of $5,000 dollars for failure to notify MSHA within 15 minutes of a death, entrapment, or life-threatening accident

• Established category of “flagrant violation” with $220,000 maximum civil penalty.

*Includes x-ray results submitted to NIOSH for working

underground coal miners, one x-ray per miner per period,

and evaluated through 9/30/2010.

- CY’03 –’10 % CWP exceeds national average

Prevalence of Coal Workers’ Pneumoconiosis(CWP) by State for Underground Miners,

CY1996 - 2002 vs. CY2003 – 2010*

+ Other States – AR, MT, NM, OK, WY or Unknown

2.2%0.8% 0.8%

0.6%9.4%

5.6%14.6%

1.3%

3.6%

3.4%

0.0% 6.3%

4.4%

3.4%

0.0%

0.0%

State

CY1996 -

2002

CY2003 –

2010*

AL 1.1% 3.4%

CO 1.7% 2.2%

IL 1.3% 0.8%

IN 0.6% 0.6%

KY 3.6% 5.6%

MD 9.5% 3.5%

OH 1.7% 1.9%

PA 2.2% 3.4%

TN 6.4% 4.4%

UT 0.6% 0.8%

VA 8.9% 14.6%

WV 7.7% 9.4%

Other

States+

0.5% 0.7%

NATION 3.4% 3.8%700 / 20,404 884 / 22,980

Underground Coal Miners

% CWP (Total)

Improving Mine Safety and Health

• Comprehensive program to eliminate black lung

– proposed rule to reduce exposure to respirable coal dust

– increased education and technical support for miners and mine operators to limit dust exposure

– enhanced enforcement of dust exposure standards

Improving Mine Safety and Health

Implemented “Rules toLive By” fatalityreduction programfocusing education andspecial enforcement toprevent safety violationsfrequently cited in fatalaccident investigations

Improving Safety and Health

Through Technologic Advances

• Roof Control

• Ground Wire Monitoring Devices

• Atmospheric Monitoring Systems

• Coal Bed Degasification

• Information Technology

• Panic Bars

• CDEM

• Longwall Mining Systems

• Multi-Gas Detectors

• Communications and Tracking Systems

• Self-Contained Self-Rescuers (SCSRs)

• Continuous Personal Dust Monitors

Coal Fatalities 1900 - 2009

18

2,821

548

203

3,242

139

0

500

1,000

1,500

2,000

2,500

3,000

3,500

1900

1905

1910

1915

1920

1925

1930

1935

1940

1945

1950

1955

1960

1965

1970

1975

1980

1985

1990

1995

2000

2005

Bureau of Mines

1910

Federal Coal Mine Safety

and Health Act of 1952Coal Mine Safety and

Health Act of 1969

Federal Mine Safety and

Health Act of 1977

Lowest CY Fatalities on

Record (2009)

U.S. Mining Fatalities

CY 2006 - 2010

47

34

30

18

26

33

23

16

23

0

20

40

60

2006 2007 2008 2009 2010

Nu

mb

er

of

Fata

liti

es

CoalMNM

UBB

29

19

Upper Big Branch Mine

Improving Mine Safety and Health through Alliances, Cooperation

• Working with state governments– MSHA-Interstate Mining Compact Commission

(IMCC) MOU signed May 2011

• Trade associations and unions

– NSSGA

• MSHA PowerPoint on Guarding

• Safety Pro in a Box webpage for aggregates

– 5002 campaign

– IMA-NA: collaborative education

– BCOA-UMWA

Improving Mine Safety and Health through Enforcement

• Conducting 100% of Mandated Inspections x 3 years

• Consistency:

– supervisor training,

– internal audits

• Impact inspections

– More strategic, less predictable, more effective

• Pre-assessment conferencing

• Pattern of Violations & Injunction

Improving Mine Safety and Healththrough Regulation

• Reducing explosion potential of coal mines

• Pre-shift examinations

• Pattern of Violations

• Coal mine dust exposure—End Black Lung

• On the agenda

– Civil Penalties

– Proximity Detection

– Silica Exposure

You can see where the victim was cleaning the cover plate and broom on left side of hole. No safe access to get through rails to hoist equipment or clean.

RAIL AROUND OPEN HOLE CURTAIN IN BACKGROUND GOES TO GYRO CRUSHER you can see where victim was sweeping the far cover.

Victim was using a broom to clean the top of the maintenance

access covers

Broom handle Cover being cleaned

Access from backside

859 859 862 865 867 869

884893

905898 900 897

921 917

927

938931 931

939929

951

963 964971

400405 403

409 410407

415411

417 418 418 418 415412

422

432 431427

439434 436

445441

450

725

750

775

800

825

850

875

900

925

950

975

1000

Jul Aug Sept Oct Nov Dec Jan

'10

Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan

'11

Feb Mar Apr May Jun

380

400

420

440

460

480

500

520

540

560

580

MMU Monthly Count

MMU 12-Mo. Moving Average

Mines 12-mo Moving Average

UG Mines Monthly Count

Pro

du

cin

g M

MU

s

MMUnderground Coal Mining Activity and

Pro

du

cin

g U

G M

ines

12773

12841

12777

12554

12337

12000

12100

12200

12300

12400

12500

12600

12700

12800

12900

CY2006 CY2007 CY2008 CY2009 CY2010

MNM MINES(based on mines reporting hours for the CY)

Looking ahead

• Mine act of 1977—a critical foundation

• MINER act of 2006—an important step forward

• More work to be done