[Federal Register Volume 60, Number 208 (Friday, October 27, 1995)]
[Proposed Rules]
[Pages 55150-55151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26635]




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Part IV





Department of Labor





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Mine Safety and Health Administration



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30 CFR Parts 56 and 57



Safety Standards for First Aid at Metal and Nonmetal Mines; First Aid 
Training for Selected Supervisors; Proposed Rule and Notice

  Federal Register / Vol. 60, No. 208 / Friday, October 27, 1995 / 
Proposed Rules  

[[Page 55150]]


DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 56 and 57


Safety Standards for First Aid at Metal and Nonmetal Mines

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Proposed rule; notice of public hearings; close of record.

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SUMMARY: This proposal would revise existing standards for metal and 
nonmetal mines requiring operators to have supervisors trained in first 
aid. The proposed rule is based on a petition for rulemaking from the 
National Mining Association (NMA).
    If public hearings are requested by commenters, the Mine Safety and 
Health Administration (MSHA) will hold public hearings on its proposed 
rule.

DATES: Written comments must be submitted on or before December 11, 
1995.
    If requested, hearings will be held in Pittsburgh, Pennsylvania and 
Denver, Colorado in December 1995. Both hearings will begin at 9:00 
a.m. The record for the rulemaking will close on January 8, 1996.

ADDRESSES: Send comments and requests to make oral presentations to the 
Mine Safety and Health Administration, Office of Standards, Regulations 
and Variances; Room 631, Ballston Towers No. 3; 4015 Wilson Boulevard, 
Arlington, Virginia 22203. The exact location of the public hearings, 
if held, will be contained in a later notice.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director; Office 
of Standards, Regulations, and Variances, MSHA; 703-235-1910. FAX: 
(703) 235-5551.

SUPPLEMENTARY INFORMATION:

I. Paperwork Reduction Act

    This proposed rule contains no information collection or paperwork 
requirements subject to the Paperwork Reduction Act of 1995.

II. Introduction and Rulemaking Background

    Existing MSHA standards at Secs. 56/57.18010 state, ``Selected 
supervisors shall be trained in first aid. First aid training shall be 
made available to interested employees.'' The primary purpose of these 
standards is to assure that a responsible person, trained to provide 
first aid treatment, is available to render assistance in the event a 
miner is injured. An additional purpose is to encourage first aid 
education among miners so they may be able to help an injured fellow 
worker.
    These provisions were originally promulgated as advisory standards 
on July 31, 1969, by the United States Department of the Interior, 
Bureau of Mines, predecessor Agency to MSHA. The standards were made 
mandatory on August 29, 1973, following a recommendation by the Federal 
Metal and Nonmetal Mine Safety Advisory Committee, which was appointed 
pursuant to Section 7 of the Federal Metal and Nonmetallic Mine Safety 
Act and composed of mining industry and labor representatives. On March 
19, 1975 a policy notice was issued giving guidance on the standard's 
application.
    In response to determinations of repeated instances of 
noncompliance with Secs. 56/57.18010, on October 3, 1994, MSHA issued 
Program Policy Letter (PPL) No. P94-IV-2, First Aid Training for 
Selected Supervisors, to underscore the standard's intent. The policy 
letter emphasized that the requirement for first aid training is 
separate from 30 CFR part 48, training and retraining for miners, and 
also addressed frequently asked questions concerning the standards.
    MSHA received a number of objections and withdrew the October 
policy letter by Federal Register notice of February 22, 1995 (60 FR 
9986). The Agency began a new process of seeking public comment on 
certain policies. In an accompanying notice, MSHA requested comments on 
the October policy letter for first aid training.
    MSHA received written comments from labor and industry 
representatives and subsequently held two public meetings. Although the 
mining industry supported MSHA's new process for public input into the 
development of certain policies, it continued to object to the draft 
policy for first aid training as an expansion of the existing standard 
which should be addressed through rulemaking. Labor representatives 
requested a more expansive interpretation of the standard.
    By letter of August 25, 1995, the NMA petitioned the Secretary of 
Labor requesting that MSHA institute rulemaking on the first aid issue 
and suggested language for a new standard. The recommended revision 
would require that an individual capable of providing first aid be 
available on all shifts. The NMA recommendation would also retain the 
existing requirement that first aid training be made available to all 
interested employees.
    MSHA believes that NMA's recommendation promotes the original 
intent of the first aid training standard in a positive way. MSHA, 
therefore, is revising the existing standard, based in part on the 
NMA's petition, and will not finalize the draft policy letter. Notice 
of the Agency's decision not to finalize the draft policy is published 
elsewhere in this issue of the Federal Register.
    Written comments previously submitted to MSHA concerning the 
Agency's draft policy letter on first aid will be included in the 
rulemaking record. Members of the public are encouraged to submit new 
comments pursuant to this notice.

III. Discussion and Summary of Proposed Rule

Sections 56/57.18010, First Aid
    Current MSHA standards require that selected supervisors be trained 
in first aid and that first aid training be made available to 
interested miners. Although the specific language of this standard does 
not preclude mine operators from using medical professionals and 
certified emergency medical technicians (EMT) in the treatment of 
injured miners, it does specify that ``selected supervisors'' receive 
first aid training.
    The proposed standard would revise the language in the first 
sentence of the existing standards to require that mine operators have 
an ``individual capable of providing first aid available on all 
shifts.'' The revision would broaden the scope of the persons who could 
meet the requirements of the rule. This change would recognize that 
many metal and nonmetal operations employ physicians, EMTs, first 
responders, and registered nurses who are trained to render first aid 
and in some cases medical treatment.
    For clarity, MSHA is modifying the suggested language in the NMA 
petition. The proposal specifies what skills a person must be able to 
perform to be considered capable. These skills include: Patient 
assessment and artificial respiration; control of bleeding; treatment 
of shock, wounds, burns, and musculoskeletal injuries; and handling and 
transporting injured persons. Nationally recognized and other quality 
first aid courses include these in their programs and they have 
historically formed the basis for adequate first aid response.
    During deliberations on the draft policy letter, commenters 
questioned whether part 48 training would provide persons with skills 
necessary to meet the first aid capability under the proposal. MSHA is 
concerned that part 48 training may not accomplish this 

[[Page 55151]]
goal. Training under part 48 is intended to impart skills and knowledge 
to all miners in a broad range of job-related safety and health 
subjects. The first aid portion of this training is frequently an 
abridged course which would not develop the skills needed to achieve 
the objectives of the proposed rule. The agency believes that all part 
48 training is important for the safety and health of miners. First aid 
training of sufficient duration to produce the necessary skill levels 
could impact the time allotted for other subjects important to miner 
safety.

    Currently, MSHA determines compliance with the existing first aid 
training required by reviewing course documentation and, under the 
proposal, MSHA would continue this practice. The Agency believes it is 
not imposing any paperwork burden on the industry because MSHA accepts 
available documentation, such as course completion certificates, 
maintained in the normal course of a mine operator's business.

    The proposed standard would require operators to have a person 
available on all shifts capable of providing first aid. MSHA 
anticipates applying this requirement consistent with the existing 
standard. The standard would not apply to off-shift activities such as 
those performed by a security person. At multi-shift operations, a 
person capable of providing first aid would be required to be available 
on each shift.

    The proposal would retain the language in the second sentence of 
the existing rule, which requires operators to make first aid training 
available to all interested miners. Consistent with the existing 
standard and past MSHA policy, this provision applies to mine employees 
and training must be offered at an accessible location. Operators are 
also expected to inform employees in a timely manner of scheduled first 
aid training so they may take the training.

IV. Executive Order 12866 and the Regulatory Flexibility Act

    Executive Order 12866 requires that regulatory agencies assess both 
the costs and benefits of proposed regulations. MSHA has determined 
that this rulemaking is not a significant regulatory action and, 
therefore, has not prepared a separate analysis of costs and benefits. 
The Regulatory Flexibility Act requires regulatory agencies to consider 
a rule's impact on small entities. This proposed rule would not have a 
significant economic impact on a substantial number of small entities. 
The analysis contained in this preamble meets MSHA's responsibilities 
under Executive Order 12866 and the Regulatory Flexibility Act.
    MSHA does not believe that this rule will result in any increased 
costs to the mining industry since the proposal broadens the scope of 
persons who could provide the first aid capability required by the 
standard. In some cases, this would mean that a mine operator could 
rely on existing personnel who possess these special skills.

    Dated: October 20, 1995.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
    It is proposed to amend parts 56 and 57, subchapter N, chapter I, 
title 30 of the Code of Federal Regulations as follows:

PART 56--[AMENDED]

    1. The authority citation for part 56 continues to read as follows:

    Authority: 30 U.S.C. 811, 956 and 961.

    2. Section 56.18010 is revised to read as follows:


Sec. 56.18010  First aid.

    An individual capable of providing first aid shall be available on 
all shifts. The individual shall have the skills to perform patient 
assessment and artificial respiration; control bleeding; treat shock, 
wounds, burns, and musculoskeletal injuries; and handle and transport 
injured persons. First aid training shall be made available to all 
interested miners.

PART 57--[AMENDED]

    3. The authority citation for part 57 continues to read as follows:

    Authority: 30 U.S.C. 811, 956 and 961.

    4. Section 57.18010 is revised to read as follows:


Sec. 57.18010  First aid.

    An individual capable of providing first aid shall be available on 
all shifts. The individual shall have the skills to perform patient 
assessment and artificial respiration; control bleeding; treat shock, 
wounds, burns, and musculoskeletal injuries; and handle and transport 
injured persons. First aid training shall be available to all 
interested miners.

[FR Doc. 95-26635 Filed 10-26-95; 8:45 am]
BILLING CODE 4510-43-P