[Federal Register Volume 60, Number 111 (Friday, June 9, 1995)]
[Proposed Rules]
[Pages 30491-30492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14306]



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DEPARTMENT OF LABOR
30 CFR Parts 56 and 57


Public Meetings on Development of Program Policy Letters; First 
Aid Training for Selected Supervisors; and Examination of Working 
Places

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice of public meetings.

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SUMMARY: The Mine Safety and Health Administration (MSHA) will hold 
three public meetings to discuss the Agency's newly implemented process 
of soliciting public input on certain draft policy statements. The 
Agency will also discuss its draft policy statements which interpret 
existing MSHA regulations pertaining to metal and nonmetal mines 
concerning first aid training for selected supervisors, and draft 
policy statements which interpret existing MSHA regulations for metal 
and nonmetal mines concerning examination of working places.

DATES: MSHA requests that persons planning to participate in the public 
meetings notify the Agency at least five days prior to the public 
meeting date. All post-meeting written comments should be submitted by 
August 25, 1995. The public meetings will be held at the following 
locations: July 6 and 7, 1995 in Cleveland, Ohio; July 12 and 13, 1995, 
in Elko, Nevada; and July 19, 1995 in Dallas, Texas.
    The meetings in Cleveland, Ohio and Elko, Nevada will commence 
immediately following the public hearings on MSHA's proposed rule on 
safety standards for explosives at metal and nonmetal mines. The public 
meeting in Dallas, Texas will commence on the date indicated, beginning 
at 9:00 a.m.

ADDRESSES: The public meetings will be held at the following locations:
    1. July 6 and 7, 1995--Quality Inn Airport, 16161 Brookpark Road, 
Cleveland, Ohio 44142.
    2. July 12 and 13, 1995--Holiday Inn, 3015 Idaho Street, Elko, 
Nevada 89081.
    3. July 19, 1995--U.S. Department of Labor, 525 S. Griffin Street, 
7th Floor, Room 754, Dallas, Texas, Zip 75202.

[[Page 30492]] FOR FURTHER INFORMATION CONTACT: Rodric Breland, chief, 
Division of Safety, Metal and Nonmetal Mine Safety and Health, 703-235-
8647.

SUPPLEMENTARY INFORMATION:

A. Public Participation

    The purpose of these public meetings is to provide a forum for the 
mining community to informally and openly exchange ideas with MSHA 
about how best to implement current regulatory requirements.
    All persons who notify MSHA in advance that they plan to speak will 
have time allotted to them for their presentations. MSHA requests that 
the notification identify the person and organization, the amount of 
time requested for the presentation, and the location where the 
presentation will be made. Written statements are not required, but 
participants are encouraged to submit written materials and a computer 
disk containing the same information.
    There will be an opportunity for other persons, who have not made 
prior arrangements with MSHA and wish to speak, to register at the 
beginning of each public meeting.
    Discussion and comments may address revisions as well as 
alternative language for the policy statements. No transcript will be 
made of these public meetings.

B. Background

    On February 22, 1995, MSHA withdrew the following Program Policy 
Letters (PPL): PPL No. P94-IV-2, First Aid Training for Selected 
Supervisors; PPL No. P94-IV-4, Ventilation Plan; and PPL No. P94-IV-5, 
Examination of Working Places (60 FR 9986). On that date MSHA also 
informed the public of its intentions to establish a process which 
expanded public opportunity to comment on certain policies. As a part 
of the same notice, the agency requested public comment on draft 
interpretations of existing MSHA regulations at 30 CFR Secs. 56/
57.18010 concerning first aid training for selected supervisors, and 30 
CFR Secs. 56/57.18002 regarding examination of working places. Both 
draft interpretations pertain solely to metal and nonmetal mines.

C. Discussion of Comments

    Some commenters opposed MSHA's new process for issuing policy and 
suggested that the Agency should utilize its statutory rulemaking 
process to revise the regulations rather than issue a policy statement. 
These draft Program Policy Letters are intended to be clarifying 
statements of what existing MSHA regulations mean and require. As such, 
they do not substantively alter the applicable regulations and 
rulemaking is not required.

56/57.18010--First Aid Training for Selected Supervisors

    Some commenters agreed with this draft policy statement, while 
other commenters wanted to make certain that MSHA interpreted the 
regulations as requiring first aid assistance to sick or injured 
employees on each working shift. These other commenters suggested that 
the agency add to the course content subject matter by addressing 
patient assessment, artificial ventilation, control of bleeding, 
control of shock, wounds and dressing, burns and scalds, 
musculoskeletal injuries, handling and transportation, and immediate 
treatment of exposure to hazardous liquids and gases. Some other 
commenters objected to MSHA's interpretations of course content, 
duration, refresher requirements and posting of course schedules. In 
addition, some commenters requested that a record of first aid training 
be kept on file.
    A few commenters objected to MSHA's interpretation that the 
regulations require first aid trained supervisors to be present at the 
mine site during all production shifts.
    Some commenters suggested that MSHA allow registered nurses, 
emergency medical technicians and other medical professionals to 
qualify as ``selected supervisors'' under the regulations. These same 
commenters also suggested that noncompliance with the standard could be 
handled by MSHA's current enforcement tools without the draft policy 
statement.

56/57.18002--Examination of Working Places
    Some commenters agreed with MSHA's draft policy statement, while 
other commenters questioned the qualifications of persons assigned by 
operators to conduct required examinations under the regulations. Some 
of these commenters also stated that the draft policy could encourage 
operators to delegate the responsibilities under the regulations to 
conduct these examinations by hourly employees, who do not represent 
management.
    Regarding recordkeeping requirements of the regulations, some 
commenters suggested that MSHA interpret the regulations to include 
remedial action taken to address hazardous conditions found during the 
examination, in addition to the interpretation of recordkeeping 
requirements included in the draft policy. Commenters also objected to 
the recordkeeping portion of the draft policy statement as being too 
detailed and going beyond the regulatory requirement. Commenters also 
recommended that operators be allowed to certify daily that the 
examination was conducted in order to satisfy the recordkeeping 
requirements of the regulations.
    One commenter indicated that MSHA is interpreting the regulations 
to require pre-shift examinations. MSHA encouraged operators to perform 
these examinations prior to commencement of work in an area. MSHA, 
however, clarifies in the draft policy statement that the regulations 
allow for the examinations to be performed at any time during the 
shift. MSHA has no intentions of citing operators if such examinations 
are not conducted prior to each shift.
    These commenters also suggested that a trained miner be considered 
a ``competent person'' under the regulations. Additionally, these 
commenters objected to MSHA's interpretation of the standard's language 
that operators promptly initiate appropriate action in order to correct 
hazardous conditions as requiring operators to ``promptly initiate the 
correction of any hazardous conditions that are found.'' These 
commenters support requiring withdrawal of all persons from affected 
areas in an imminent danger situation, but suggest that MSHA modify the 
draft program policy letter language to permit removing persons from 
the area and barricading or posting the area until it is safe for 
entry.

    Dated: June 2, 1995.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 95-14306 Filed 6-7-95; 12:07 pm]
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