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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules
Safety and Health NIOSH before any regulatory changes are made. One commenter noted that because the issues MSHA raised vary at different mines and with different types of equipment and operations, it is critical to understand how specific hazards at a mine would be addressed through new technologies. Other commenters asserted that the best outcomes occur when mine operators and their employees partner with other stakeholders such as NIOSH and equipment manufacturers, to introduce innovative solutions into the workplace through the use of new technologies.
One commenter noted that to comprehensively address solutions, MSHA needs to acknowledge certain factors that can limit mine operators ability to introduce new safety technology effectively. These obstacles include mistrust of technology by the workforce, inadequate testing of technology before full implementation, and challenges in communicating to miners why technological improvements in equipment operation create a safer work environment. A trade association recommended that MSHA
proceed with caution to avoid excessive costs and unintended consequences that do not address the root causes of accidents.
On the other hand, a number of commenters noted that nontechnological interventions such as safety programs are as important, or even more important, than technology in improving safety in the use of surface mobile equipment and reducing accidents, injuries, and fatalities. A
mining coalition commented that because human factors are a major contributor to accidents, properly enforced comprehensive safety programs are a significant component of the solution, with or without new technology. This mining coalition continued to note that minings major safety advances would come from consistently improving behavior and culture across the industry. The mining coalition also stated on the basis of its members experiences that safety does best when mine operators develop and implement their own comprehensive safety programs.
Another commenter noted that effective safety programs work because they create incentives for compliance and disincentives for violations.
In addition, one commenter observed that mine operators who develop and implement safety programs do so with the goal of preventing injuries, fatalities, and the suffering these accidents cause miners, their families, and their communities. For these mine operators,
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noted the commenter, preventing harm to their miners is more than just compliance with safety requirements; it reflects a culture of safety. Indeed, according to the commenter, this culture of safety derives from a commitment to a systematic, effective, and comprehensive management of safety at mines with the full participation of the miners.
MSHA has been most persuaded by comments on the use of safety programs.
The Agency agrees with these commenters that mine operators should be allowed to tailor safety programs specifically to their mining conditions and operations, so that operators could:
1 Systematically and continuously evaluate their mine operations to identify hazards and 2 determine how to eliminate or mitigate risks and hazards related to operating and working near surface mobile equipment, which includes mobile and powered haulage equipment except belt conveyors. The Agency further agrees that such a flexible approach to reducing hazards and risks e.g., not imposing universal mandates would be more effective since mine operators would be able to develop and implement safety programs that work for their operation, mining conditions, and miners. Taking into account all comments and information received, this proposal would require written safety programs for surface mobile equipment at surface mines and surface areas of underground mines with six or more miners.
In the 2018 RFI, MSHA sought information on safety issues related to belt conveyors. After reviewing the comments, the Agency has concluded, at this time, that the safety issues surrounding the operation of belt conveyors can be better addressed through best practices and training than through rulemaking. No belt conveyor is covered under this proposed rule.
MSHA solicits comments regarding the Agencys decision to exclude belt conveyors from the proposed rule.
Please provide the rationale and any supporting documentation in your comment.
C. Workplace Safety Programs Many resources are available for employers to provide a safe workplace.
MSHA has reviewed several types of organizations that provide guidance on safety programs: 1 Consensus standards organizations e.g., American Society of Safety Professionals ASSP, Occupational Health and Safety Management Systems, ANSI/ASSP Z10
2012 R2017; and the International Standards Organization ISO,
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Occupational Health and Safety Management SystemsRequirements With Guidance for Use ISO
45001:2018; 2 industry organizations e.g., the National Mining Associations CORESafety and Health Management System; and 3 government agencies e.g., the Department of Transportation, 49 CFR part 270. The Department of Labors Occupational Safety and Health Administration OSHA also has developed recommended practices for developing safety and health programs https www.osha.gov/shpguidelines/.
Generally, safety programs recommended by these organizations share the following principles. First, safety programs should address safety proactively rather than reactively. In other words, addressing problems only after an employee is injured is less effective than finding and fixing hazards before injuries and fatalities occur.
Second, safety programs should take into account work processes and conditions specific to the workplaces and should make sense for the organizations that implement them.
Third, safety programs should not be static and should be continually improving, based on monitoring and evaluating work performance and safety outcomes, scanning and assessing risks of mining conditions and operations, and evaluating use of emerging technologies.
In addition, most of the safety programs include a set of interacting elements that are designed to establish and achieve similar safety goals.
Specifically, a safety program includes a common set of elements that focus on identifying hazards in the workplace and developing a plan for preventing and controlling those hazards. Examples of common elements include management commitment; worker involvement; hazard identification, prevention, and remediation, including workplace examinations for violations of mandatory safety and health standards; worker training and education; and program evaluation.
Based on its review of best practices and guidance on safety programs, together with comments gathered from a variety of stakeholders in mining communities, MSHA has concluded that developing and implementing a written safety program for surface mobile equipment at mines would contribute to advancing miners safety and health. For this reason, MSHA is now issuing a proposal that would require mine operators with six or more miners to develop, implement, and update a written safety program for surface mobile equipment.

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