Palm Springs, CA March 3, 2020

2020 Occupational Safety and Health Law

Midwinter Meeting

MSHA: General Update

David G. Zatezalo Assistant Secretary of Labor

Mine Safety and Health Administration 1

The MSHA Mission “to prevent death, illness, and injury from

mining and promote safe and healthful workplaces for U.S. miners”

2

MSHA’s Tools • Fair and consistent enforcement,

including mandated inspections

• Compliance and technical assistance • Training and education • Rulemaking and policy guidance

3

0

0.05

0.1

0.15

0.2

0.25

0.3

0.35

0.4

0.45

0.5

0

500

1000

1500

2000

2500

3000

3500

3,679

4000 Fatalities Fatal IR

25 fatalities in 2019

U.S. Mining Fatalities 1912-2019 19

12

1914

19

16

1918

19

20

1922

19

24

1926

19

28

1930

19

32

1934

19

36

1938

19

40

1942

19

44

1946

19

48

1950

19

52

1954

19

56

1958

19

60

1962

19

64

1966

19

68

1970

19

72

1974

19

76

1978

19

80

1982

19

84

1986

19

88

1990

19

92

1994

19

96

1998

20

00

2002

20

04

2006

20

08

2010

20

12

2014

20

16

2018

4

Mining Injury Rates & Fatalities 2008-2020

Fatals Injury Rate

80 3.50 3.26

53

35

72

36 36

42 46

29 25

28 28 25

4

3.02

2.83 2.75

2.59 2.50 2.47

2.31 2.20 2.17

2.05 2.04

0.00

0.50

1.00

1.50

2.00

2.50

3.00

0

10

20

30

40

50

60

70

Fata

ls

2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Calendar Year 5

MSHA Data for 2019

# of Mines Reporting Employment 12,928

- Coal Mines Only 1,131

- Metal/Nonmetal Mines Only 11,797

Total Industry Employment (Operator & Contractor)

330,872

MSHA Inspections/Employees 38,258/1,790

Citations & Orders Issued 99,617

Dollars Assessed (millions) $51.4

6

MSHA’s Mine Portfolio (CY 2019)*

Mine Type Number of Mines

Share of Total

UG Coal Only 388 2.8%

UG MNM Only 241 1.7%

UG Total 629 4.5%

All Surface 12,493 89.5%

Facilities Only 841 6.0% * Includes mines that either reported employment or an injury; or received an inspection or citation.

7

1.5 mg/m³standard in

effect 8/1/16

Coal - Number of Valid MSHA & Operator Respirable Dust Samples

90,803 93,911

80,627 73,313

81,548 82,293 76,812 76,974

88,556

76,385 75,344 79,238 74,358

66,593 60,316 61,677

100,970

138,842

139,584

140,529

0

20,000

40,000

60,000

80,000

100,000

120,000

140,000

160,000

180,000

Calendar Year

CPDM required 2/1/16

1.5 mg/m³ standard in

effect 8/1/16

8

Average DO Dust Concentration in Underground Coal Mines, by MSHA and Operator Samples

*Av

erag

e D

ust C

once

ntra

tion

– m

g/m

3

1.15

1.10

1.05

1.00

0.95

0.90

0.85

0.80

0.75

0.70

0.65

0.60

0.55

0.95 0.92

0.88

0.72

0.86 0.86

0.89

0.81

0.77 0.77 0.74 0.73 0.72

0.69 0.68

0.64

0.69 0.63

0.61 0.60

1.09 1.07

1.00

0.93 0.91 0.92

0.96 0.95

0.87

0.82 0.80

0.73 0.73 0.71 0.70 0.69

0.64

0.61 0.61 0.57

Operator Avg. Conc. MSHA Avg. Conc.

Calendar Year

* Designated occupations (DO) exposed to the highest levels of respirable coal mine dust.

9

10.00%

9.00%

8.00%

7.00%

6.00%

5.00%

4.00%

3.00%

2.00%

1.00%

0.00%

9.08% 9.08%

7.98%

6.27% 6.40%

7.29% 7.58%

6.49%

5.45%

4.68% 4.17%

3.90% 3.50%

3.06%

2.36%

1.65%

0.79% 0.88% 0.91% 0.82%

Calendar Year

Coal - MSHA & Operator Respirable Dust Samples % > Standard

10

Coal - Number of Valid MSHA Quartz Samples

6,873 7,280

5,311 4,488

5,294 5,461

4,339 4,125 4,483 4,301 3,928 3,537 3,573 3,199

6,389

9,970

11,720

14,634 14,854 14,100

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

16,000

18,000

Calendar Year

11

60

50

40

30

20

10

0

55.5 50.9 49.3

45.2 41.9

33.1

27.7 25.0 25.1 25.6 24.6

Calendar Year

UG Coal -MSHA Average Designated Occupation*

Quartz Concentration by Calendar Year

* Designated occupations (DO) exposed to the highest levels of respirable coal mine dust.

12

20.00%

18.00%

16.00%

14.00%

12.00%

10.00%

8.00%

6.00%

4.00%

2.00%

0.00%

18.72% 17.84%

15.76% 15.07%

14.05% 13.58% 13.50%

11.30% 10.57%

10.14%

7.97% 8.32% 7.42%

6.74%

2.43% 1.78%

1.27% 1.21% 1.21% 1.07%

Calendar Year

Coal - MSHA Quartz Samples % >100 µg/m³

13

Qua

rtz S

ampl

e Da

te

Dec-19

Oct-19

COAL: QUARTZ SAMPLING RESULTS CY 2019 Total Samples # Over 50 Micrograms % Over 50 Micrograms # Over 100 Micrograms % Over 100 Micrograms

14, 100 840

6.0% 151

1.1%

Sep-19

Jul-19

May-19

Apr-19

Feb-19

Jan-19 0 50 100 150 200

Quartz Micrograms 250 300 350 400

14

All US

100,000 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000

0

89,355

79,518

71,584

64,237

52,362 46,609

40,018 36,541

33,574 30,826 28,671 26,829 25,106 23,378 21,860 20,655 19,981 19,430 18,962 18,643

Calendar Year

Black Lung Claims Paid

Source: https://www.dol.gov/owcp/dcmwc/ 15

Powered Haulage Safety Initiative Powered Haulage accidents were responsible for 50% of fatalities in recent years; 7 of 25 (28%) in 2019 Preventing these accidents is a priority for MSHA, with a focus on: • Mobile Equipment • Belt Conveyors • Seat Belt Safety

16

View from the Operator’s Cab

| 17

|

Actual Activity on the GroundLarge vehicles striking other vehicles or pedestrians have killed 24 miners since 2003

18

Belt Conveyors • Eight miners killed working around belt

conveyors since January 2017; • Since 2008, 20 fatalities and more than 40

permanent injuries • Guarding, lock-out tag-out, properly using

crossovers - all essential for safety

19

|

Seat Belt Safety

• Three fatalities in 2017 and 2018, 3 more in 2019 and 41 fatalities since 2007, involved miners not wearing seat belts

• 6000+ MSHA citations issued for failure to wear seatbelts since 2007 (most in MNM mines)

20

ELECTROCUTIONS of 2019 • THREE FATAL ELECTROCUTIONS IN SIX

WEEKS • Two in West Virginia (Coal – District 04) • One in Louisiana (M/NM – South Central) • Near miss situations such as “victim in

Florida contacted high voltage by placing head in electrical box”

All have somethings in common: 1. No Lock Out/Tag Out 2. Not protected with appropriate PPE 3. Working on electrical equipment with

Certified or Qualified persons present 4. Working – Not Troubleshooting

21

Contractors • 11 of 25 (44%) Fatalities in 2019 were contractors • Contractors represent approx. 25% of workforce • Mine Act defines “operator” to include both

owner/production operators and independent contractors

• Operator & Contractor have equal responsibility for compliance with laws, standards & regulations

• Most (if not all) contractor fatalities correlate with training deficiencies

22

One MSHA Initiative • Blurring the distinction between Coal and MNM

enforcement for more efficient use of resources • Cross-training inspectors and updating systems to

accommodate change where it makes sense • Specialized inspector expertise still required for

certain mines • 213 mines “blurred” • Phasing in 3 Regions and corresponding Regional

Administrators

23

TN

MN

TX

FL

AZ

NV

CA UT CO

WY

MT

KS

NE

SD

ND

WA

OR ID

AK

HI

NM

OK

LA

AR

MO

IA

Mine Safety and Health Enforcement - Regional Map

WI

IL IN

O H

PA

WV VA

KY NC

SC

AL

MS

MI

NY

VT

NJ

ME

NH MA

C T

MD

PR

East

M S

Central

West Vacaville

Denver and Lakewood

Dallas

Duluth

Vincennes

Madisonvill e

Birmingham

Norton Pineville

Beckley

Morgantown

New Stanton Warrendale

Barbourvill e

MN

KY

TN

GA

Denotes District Offices

24

Compliance Assistance and Enforcement

• MSHA held stakeholder meetings and provided in-person compliance assistance and technical advice during the first 90 days.

• Dates and locations of stakeholder meetings can be found on our website at www.msha.gov.

• During this 90-day period (which ended December 31, 2019), MSHA conducted its regular inspections and expected mine operators to comply with the 2018 rule requirements while moving to adoption of the 2017 final rule.

• As of January 1, 2020, MSHA enforces the 2017 final rule and will issue citations to mine operators not in compliance with these requirements.

25

Regulations and Guidance 1. Powered Haulage – proposal projected in 2020. 2. Respirable Quartz – had public session w/ NIOSH. Spring regulatory

agenda will detail next action. Workshop to be held this summer. 3. Permissible Survey Eq – working on proposed rule-estimated for 2020. 4. Electronic Detonators – proposal and direct final rule were published.

To date, no adverse comments received. Notice on next actions will be published early March. MSHA anticipates finalization in March.

5. Part 18 Approvals - Streamlining for Electronic product approvals proposed rule in 2020.

6. Guidance – updating and streamlining MSHA program handbooks is underway to comply with Executive Order and best practices.

26

Questions?

27