Mine Safety: Better Oversight and Coordination by MSHA and Other Federal Agencies Could Improve Safety for Underground Coal Miners

MSHA has developed and placed on its webpage video clips demonstrating the correct procedures for donning and transferring emergency breathing devices. Also, presentations have been made at a variety of conferences and the hands-on training was conducted for 2,164 mine workers at 475 mines. In addition, MSHA awarded a number of grants to mines in Pennsylvania, Illinois, Alabama, Kentucky, and Indiana to provide simulated mine emergency training giving miners the opportunity to practice in environments similar to those found in an actual mine emergency. To provide mine operators with additional options, MSHA noted that is has asked NIOSH to examine methods of providing simulated emergency training and to consider the cost of these methods.

MSHA is no longer provisionally approving mine safety instructors. The agency eliminated the code in the system and instructed agency officials that an instructor can qualify for the position based on subject-matter knowledge and effective teaching skills. If an instructor cannot provide evidence of these two qualifications, they should not be approved as an instructor.

MSHA has conducted data improvement efforts, including reaching out to instructors to update their addresses. This effort was conducted in conjunction with issuing new identification numbers to the active instructors. As the instructor registers the new number, s/he was prompted to update their information. In addition, MSHA is considering more permanent approaches to updating instructor information. However, additional changes will require changes to the regulations.

MSHA has taken several steps to monitor and evaluate miner training. (1) The agency developed an instructor evaluation form that is currently being used by all MSHA personnel and contractors who monitor training. The new evaluation instrument allows MSHA officials to more effectively evaluate an instructor's ability to teach and knowledge of the subject matter. MSHA is instituting a pilot-project to automate the evaluation process. In FY2010, a handheld computer will be programmed with the new evaluation instrument. Evaluators will be able to record information directly into the computer and upload the data to a database where statistical analysis will be conducted.(2) The agency is evaluating the effectiveness of training by conducting interviews of the miners trained. (3) MSHA evaluated 675 of the most active coal underground instructors, who train for approximately 450 underground coal mines. In instances where deficiencies were identified, corrective action was taken immediately and follow-up monitoring was conducted to ensure deficiencies were resolved.

MSHA and NIOSH signed an updated memorandum of understanding (MOU) in January 2009. The purpose of the MOU is to set forth an understanding between MSHA and NIOSH to consult, coordinate, and cooperate effectively and efficiently in carrying out their respective safety and health functions.

MSHA and NIOSH signed an updated memorandum of understanding (MOU) in January 2009. The purpose of the MOU is to set forth an understanding between MSHA and NIOSH to consult, coordinate, and cooperate effectively and efficiently in carrying out their respective safety and health functions.

The Mine Safety and Health Administration (MSHA), Labor's Office of the Solicitor, and the Federal Mine Safety and Health Review Commission agreed in their agency comments that there needs to be transparency in penalty determinations and that the specific rationale need to be provided when penalties are reduced from the levels originally proposed. MSHA and the Solicitor reported that on-going training efforts for the Solicitors and Conference Litigation Reviewers cover issues such as "Proving the Suitable Penalty" and "Settlements" and documenting settlement reductions has been covered in monthly conference calls and new hire training. The Commission reports taking the following actions: (1) the issuance of decisions emphasizing that parties seeking approval of proposed settlements from Commission judges must clearly set forth the factual basis for each proposed settlement; (2) training for new Commission judges that emphasizes the importance of requiring parties to adequately support and document proposed penalty settlements; and (3) the promulgation of a new rule addressing settlement procedures which requires parties to submit proposed orders that fully set forth the factual basis for each settlement.

The Mine Safety and Health Administration (MSHA), Labor's Office of the Solicitor, and the Federal Mine Safety and Health Review Commission agreed in their agency comments that there needs to be transparency in penalty determinations and that the specific rationale need to be provided when penalties are reduced from the levels originally proposed. MSHA and the Solicitor reported that on-going training efforts for the Solicitors and Conference Litigation Reviewers cover issues such as "Proving the Suitable Penalty" and "Settlements" and documenting settlement reductions has been covered in monthly conference calls and new hire training. The Commission reports taking the following actions: (1) the issuance of decisions emphasizing that parties seeking approval of proposed settlements from Commission judges must clearly set forth the factual basis for each proposed settlement; (2) training for new Commission judges that emphasizes the importance of requiring parties to adequately support and document proposed penalty settlements; and (3) the promulgation of a new rule addressing settlement procedures which requires parties to submit proposed orders that fully set forth the factual basis for each settlement.

The Mine Safety and Health Administration (MSHA), Labor's Office of the Solicitor, and the Federal Mine Safety and Health Review Commission agreed in their agency comments that there needs to be transparency in penalty determinations and that the specific rationale need to be provided when penalties are reduced from the levels originally proposed. MSHA and the Solicitor reported that on-going training efforts for the Solicitors and Conference Litigation Reviewers cover issues such as "Proving the Suitable Penalty" and "Settlements" and documenting settlement reductions has been covered in monthly conference calls and new hire training. The Commission reports taking the following principal actions:(1) the issuance of decisions emphasizing that parties seeking approval of proposed settlements from Commission judges must clearly set forth the factual basis for each proposed settlement; (2) training for new Commission judges that emphasizes the importance of requiring parties to adequately support and document proposed penalty settlements; and (3) the promulgation of a new rule addressing settlement procedures which requires parties to submit proposed orders that fully set forth the factual basis for each settlement.