Federal Register - September 9, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules TABLE 1MINES AND EMPLOYMENT IN 2018Continued Number of mines
Number of miners
Total employment
MNM mines with five or fewer miners
6,751
18,370
23,414
Subtotal
7,254
19,749
30,652
Source: MSHA MSIS Data reported on MSHA Form 70002.
Table 2 shows that in 2018 mining revenues were $109.4 billion and miners worked 415.1 million hours.
MSHA estimates coal revenue at $27.2
billion using the production estimates multiplied by the revenue per ton. For the MNM revenue figures, MSHA used the estimate of $82.2 billion from the
U.S. Geological Surveys USGS annual commodity report.
TABLE 2MINING REVENUES AND MINER HOURS IN 2018
Estimated revenue $ billions
Miner work hours millions
Coal mines
MNM mines
$27.2
82.2
120.3
294.8
Total
109.4
415.1
Source: MSHA MSIS Data total hours worked at mines and coal production reported on MSHA Form 70002 at $35.99 per ton. USGS reported 2018 MNM revenues at $82.2 billion. U.S. Geological Survey, 2019, Mineral commodity summaries 2019: U.S. Geological Survey, 200
p., https doi.org/10.3133/70202434.
lotter on DSK11XQN23PROD with PROPOSALS1
B. Benefits MSHA believes that the proposed rule would improve miners safety in important ways. Numerous published professional articles about safety describe the relationship between effective safety programs and accident reduction. For example, Maxey 2013, p.
14 describes the shared features of successful programs as follows: These basic elementsmanagement leadership, worker participation, hazard identification and assessment, hazard prevention and control, education and training, and program evaluation and improvementare common to almost all existing health and safety management programs. Each element is important in ensuring the success of the overall program, and the elements are interrelated and interdependent. 1
MSHAs proposal would require mine operators to develop and implement a written safety program with six or more miners that covers the range of actions an operator would take to systematically evaluate and address risks to reduce accidents, injuries, and fatalities related to the operation of or working near surface mobile equipment.
The proposed safety program would create benefits through several mechanisms. First, the proposed safety program would include a variety of actions an operator would take to 1 Maxey, H. 2013. Safety & Small Business. The Compass. Pages 1222. https ASEE.org.
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identify hazards and assess risks to reduce accidents, injuries, and fatalities.
Second, MSHA believes the process of developing and maintaining a safety program would help create or improve a safety culture at the mine. As mine management and miners work together to identify hazards and determine appropriate controls to prevent or mitigate those hazards, they could come to share beliefs, practices, and attitudes about safety and to promote a positive safety culture.
In addition, MSHA believes that there would be additional unquantifiable financial benefits, such as reduced insurance premiums and decreased downtime after accidents, stemming from the collaborative focus on safety by operators and miners.
MSHA is aware that some mine operators have developed safety programs based on the Occupational Safety and Health Administration OSHAs recommended practices, or on consensus standards. These operators would have procedures in place already to continually identify workplace hazards and evaluate risks. MSHA is also aware that some states require, by either regulation or statute, a workplace safety plan or program for some or all employers including mine operators.
Other states incentivize through premium credits or public recognition and support with free training and
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consultations safety programs.2 Of those states that require safety programs, most require employers to develop procedures to identify controls to eliminate or mitigate identified hazards and evaluate the effectiveness of existing controls to determine whether they continue to protect employees.
Although MSHA does not know to what degree state programs may overlap with this proposal, MSHA believes that some mine operators with effective existing safety programs and processes would likely need to make few, if any, adjustments to their programs to meet the requirements of the proposal.
Accident Data and Forecast Under 30 CFR part 50, mine operators are required to submit a report of each accident, injury, and illness to MSHA
within 10 working days after an accident or occupational injury occurs or an occupational illness is diagnosed.
Based on the information collected from mine operators reports, the Agency has analyzed accident and injury trends related to mining equipment, work locations, and tasks.
MSHAS Quarterly Mine Injury and Worktime, Quarterly Reports 2018
report at https arlweb.msha.gov/Stats/
Part50/WQ/2018/MIWQ%20Report%20
CY%202018.pdf provides official data and definition for injuries. The injury 2 OSHA, Safety and Health Programs in the States White Paper, April 2016.
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