[Federal Register Volume 61, Number 161 (Monday, August 19, 1996)]
[Rules and Regulations]
[Pages 42787-42788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20987]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 56 and 57


Final Policy on Examination of Working Places

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Final rule; policy.

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SUMMARY: The Mine Safety and Health Administration (MSHA) is revising 
its policy concerning the examination of working places at all metal 
and nonmetal mining operations to clarify operators' obligations under 
30 CFR 56.18002 and 57.18002, Examination of Working Places. To ensure 
that all interested persons are informed of this action, MSHA is 
publishing the full text of the Program Policy Letter addressing these 
standards in Appendix I of this notice. This policy letter supersedes 
MSHA's existing policy regarding enforcement of these standards.

EFFECTIVE DATE: November 18, 1996.

FOR FURTHER INFORMATION CONTACT: Rodric Breland, Chief, Division of 
Safety, Metal and Nonmetal Mine Safety and Health, 703-235-8647.

SUPPLEMENTARY INFORMATION:

I. Paperwork Reduction Act

    The information collection requirement in Secs. 56.18002 and 
57.18002 has been approved by the Office of Management and Budget under 
control number 1219-0089.

II. Discussion of Final Policy

    MSHA's safety standards in Secs. 56.18002 and 57.18002 concerning 
examination of working places at metal and nonmetal mines were first 
promulgated as advisory standards in July 1969 and became mandatory in 
August 1979. MSHA issued Program Policy Letter (PPL) No. P94-IV-5 on 
December 12, 1994, clarifying its policy concerning these standards. 
Shortly thereafter, MSHA introduced a new procedure to encourage 
participation in enforcement policy formulation and withdrew the PPL 
concerning examination of working places. Subsequently, the PPL was 
revised and published in the Federal Register (60 FR 9987) on February 
22, 1995 and public input was solicited. The Agency also held public 
meetings on July 6 and 7, 1995, in Cleveland, Ohio; and July 12 and 13, 
1995, in Elko, Nevada. MSHA received comments from both labor and 
industry, and considered these comments in the development of this 
final policy.
    The Agency is now publishing the final policy in the Federal 
Register to ensure that all interested parties are informed. MSHA also 
will issue this policy as Program Policy Letter No. P96-IV-2 and as an 
update to the Program Policy Manual, Volume IV, pages 61 and 62. The 
full text of this Program Policy Letter is published in Appendix I of 
this notice. This policy letter supersedes MSHA's existing policy 
regarding enforcement of these standards.

    Dated: August 8, 1996.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.

Appendix I--Program Policy Letter No. P96-IV-2--30 CFR 56.18002 and 
57.18002--Examination of Working Places

    Effective Date: November 18, 1996.
    Expiration Date: 3/31/97.

Program Policy Letter No. P96-IV-2

From: Vernon R. Gomez, Administrator for Metal and Nonmetal Mine 
Safety and Health.
Subject: 30 CFR 56.18002 and 57.18002--Examination of working 
places.

Scope

    This policy letter applies to metal and nonmetal mine operators 
and Metal and Nonmetal Mine Safety and Health Administration (MSHA) 
enforcement personnel.

Purpose

    This policy letter revises MSHA's existing policy regarding 
enforcement of its standards in Title 30, Code of Federal 
Regulations (30 CFR) Secs. 56.18002 and 57.18002, Examination of 
working places, to clarify operators' obligations under these 
standards. MSHA also is revising this policy in MSHA's Program 
Policy Manual, Volume IV, pages 61 and 62.
    Mine operators are responsible for preventing unsafe conditions 
and practices and correcting safety and health hazards before miners 
become exposed to them. MSHA believes that regular working place 
examinations are fundamental to the prevention of accidents in the 
mining industry. MSHA standards in 30 CFR 56.18002 and 57.18002 
require the operator to conduct a regular examination of working 
areas for hazards. As a result, miners will be ensured a safer and 
more healthful mine environment.

Policy

    30 CFR Secs. 56/57.18002, Examination of working places, 
provide:
    (a) A competent person designated by the operator shall examine 
each working place at least once each shift for conditions which may 
adversely affect safety or health. The operator shall promptly 
initiate appropriate action to correct such conditions.
    (b) A record that such examinations were conducted shall be kept 
by the operator for

[[Page 42788]]

a period of one year, and shall be made available for review by the 
Secretary or his authorized representative.
    (c) In addition, conditions that may present an imminent danger 
which are noted by the person conducting the examination shall be 
brought to the immediate attention of the operator who shall 
withdraw all persons from the area affected (except persons referred 
to in section 104(c) of the Federal Mine Safety and Health Act of 
1977) until the danger is abated.
    MSHA intends that the terms ``competent person'' and ``working 
place,'' used in Secs. 56/57.18002(a), be interpreted as defined in 
Secs. 56.2 and 57.2, Definitions.
    A ``competent person,'' according to Secs. 56.2 and 57.2, is ``a 
person having abilities and experience that fully qualify him to 
perform the duty to which he is assigned.'' This definition includes 
any person who, in the judgment of the operator, is fully qualified 
to perform the assigned task. MSHA does not require that a competent 
person be a mine foreman, mine superintendent, or other person 
associated with mine management.
    The phrase ``working place'' is defined in 30 CFR Secs. 56.2 and 
57.2 as: ``any place in or about a mine where work is being 
performed.'' As used in the standard, the phrase applies to those 
locations at a mine site where persons work during a shift in the 
mining or milling processes.
    Standards 56/57.18002(b) require operators to keep records of 
working place examinations. These records must include: (1) the date 
the examination was made; (2) the examiner's name; and (3) the 
working places examined. MSHA intends to allow operators 
considerable flexibility in complying with this provision in order 
to minimize the paperwork burden.
    Records of examinations may be entered on computer data bases or 
documents already in use, such as production sheets, logs, charts, 
time cards, or other format that is more convenient for mine 
operators.
    In order to comply with the record retention portion of 
Secs. 56.18002(b) and 57.18002(b), operators must retain workplace 
examination records for the preceding 12 months. As an alternative 
to the 12-month retention period, an operator may discard these 
records after MSHA has completed its next regular inspection of the 
mine, if the operator also certifies that the examinations have been 
made for the preceding 12 months.
    Evidence that a previous shift examination was not conducted or 
that prompt corrective action was not taken will result in a 
citation for violation of Secs. 56.18002 and 57.18002 (a) or (c). 
This evidence may include information which demonstrates that safety 
or health hazards existed prior to the working shift in which they 
were found. Although the presence of hazards covered by other 
standards may indicate a failure to comply with this standard, MSHA 
does not intend to cite Secs. 56.18002 and 57.18002 automatically 
when the Agency finds an imminent danger or a violation of another 
standard.

Background

    Failure to conduct working place examinations has been a 
contributing cause of a significant number of recent accidents. In 
the 5-year period from 1988-1992, MSHA has investigated 17 serious 
and fatal accidents where working place examinations were not 
conducted or were inadequately conducted and were found to have 
contributed to the cause of the accident.

Authority

    30 CFR Secs. 56.18002 and 57.18002.

Filing Instructions

    This policy letter should be filed after the tab ``Program 
Policy Letters,'' located behind Volume IV of the Program Policy 
Manual.

Issuing Office and Contact Person

Metal and Nonmetal Mine Safety and Health, Division of Safety, 
Richard Feehan, 703-235-8647

Distribution

Program Policy Manual Holders
Metal and Nonmetal Mine Operators
Metal and Nonmetal Independent Contractors
Metal and Nonmetal Special Interest Groups

[FR Doc. 96-20987 Filed 8-16-96; 8:45 am]
BILLING CODE 4510-43-P