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Review of MSHA's
Actions |
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MSHA committed to a number of corrective actions in response to the recommendations of MSHA's Internal Review Report into the agency's actions in the months preceding the explosion at the Upper Big Branch Mine on April 5, 2010. The tables below list the corrective actions that have been completed. They include a list of corrective actions taken by the program areas, and a list of the actions taken on recommendations directed to the Office of the Assistant Secretary. MSHA will update the tables quarterly by reporting on corrective actions that have been completed. A list of all recommendations, the corrective actions, and the estimated completion date for each corrective action can be found in Appendix A of the Internal Review Report and the Addition to Appendix A.
- Jump to June 26, 2012 Corrective Actions
MSHA Program Areas' Corrective Actions (As of September 30, 2012)
| Recommendation | Date Due | Status | Corrective Action Taken |
| The Administrator for Coal should collaborate with the Director of Technical Support and NIOSH to develop a standard method for collecting mine dust samples for operators and inspectors to use to determine compliance with 30 CFR 75.403. The Agency should consider recent research regarding sample collection methodology, including that related to sample depth and elevated surfaces. | 6/1/2012 | Completed | On May 24, 2012, MSHA and NIOSH experts held an in-person meeting to discuss MSHA's proposed revised rock dust sampling method, which involves several substantial improvements from previous practice and meets the goal of the internal review recommendation. This proposed method takes into consideration recent research regarding sample collection methods, and MSHA is continuing to work with NIOSH on refining it. |
| The Administrator for Coal should collaborate with the Director of Educational Policy and Development (EPD) to update the training programs for entry-level and journeyman inspectors to emphasize the value of a purposeful examination of training records and to guide inspectors on how to effectively determine compliance with Part 48 and other training requirements. The guidance in CMS&H Memo No. HQ-08-055-A that directs inspectors to question miners on their training related to roof control plans and document such information should also be addressed in this training. | 6/30/2012 | Completed | On April 4, 2012, Educational Field Specialists (EFS) participated in a joint training program for District 4 and 12 inspectors, specialists, and management at the National Mine Health and Safety Academy. The EFS staff developed and delivered a program entitled: "Part 48.3 Enforcement, Training Plan Reviews and Miner Training." The training covered an overview of Part 48 and Part 48 inspection procedures and emphasized a purposeful examination of training records and guidance to inspectors on how to effectively determine compliance with Part 48 and other training requirements. The guidance in CMS&H Memo No. HQ-08-055-A was also addressed in the April training. The training program was distributed to all Coal districts. District personnel completed the training by June 29, 2012. EPD also developed two online annual refresher training courses covering Part 48 and Part 48 inspection procedures. These two online courses were made available through MSHA's internal distance learning system. |
| The Administrator for Coal should direct the District 4 and 12 Managers to revise Standard Operating Procedures (SOPs) to ensure that both the Health and Ventilation Departments contribute to the correspondence sent to mine operators after each six-month ventilation plan review. | 6/30/2012 | Completed | Districts 4 and 12 revised and implemented their ventilation SOPs to incorporate explicit provisions on inter-department communication, maintenance of correspondence files, and plan review documentation. This will ensure that both the Health and Ventilation Departments contribute to the correspondence sent to mine operators after each six-month ventilation plan review. District 4's SOP was issued and implemented on June 27, 2012. District 12's SOP was issued and implemented on June 28, 2012. |
| The Administrator for Coal should direct the District 4 and 12 Managers to revise the technical department SOPs to provide for the review of each proposed plan or revision by appropriate technical departments to check for consistency with other plans approved for the mine. A method for documenting this process should be established. These SOPs should direct specialists to maintain a record of all written correspondence with mine operators regarding proposed plan reviews, particularly regarding changes to proposed plans submitted by operators during the review process. | 6/30/2012 | Completed | Districts 4 and 12 revised and implemented their technical department SOPs to incorporate explicit provisions on inter-department communication, maintenance of correspondence files, and plan review documentation. Additionally, both district SOPs prohibit standalone Methane and Dust Control Plans and require them to be incorporated into a single mine ventilation plan. District 4's SOP was issued and implemented on June 27, 2012. District 12's SOP was issued and implemented on June 28, 2012. |
| The Administrator for Coal should direct that training be provided to enforcement personnel, including supervisors and managers, to apply the policy during inspections of haulage ventilation controls.
Note: The recommendation was intended to ensure that inspectors determine whether equipment doors are properly maintained during inspections of haulage ventilation controls. |
6/30/2012 | Completed | District 4 and 12 inspectors, specialists, and management were provided training on inspections of haulage ventilation controls including construction, maintenance, and equipment doors during the training sessions at the National Mine Health and Safety Academy on April 3 and 4, 2012. The training program was distributed to all Coal districts. District personnel completed the training by June 29, 2012. |
| The Administrator for Coal should consult with district managers to determine whether the additional staffing is sufficient to address section 110(c) special investigation demands, particularly at highly noncompliant mines. | 6/30/2012 | Completed | The Administrator for Coal discussed Special Investigations (SI) resources and consulted the district managers on staffing needs in their districts during a meeting on June 12, 2012. The Administrator and district managers reviewed the number of current full-time and collateral duty SI positions, temporary inter-district assignments, and ongoing investigations. The Administrator approved additional full-time and collateral duty SI positions in 6 districts. |
| The Administrators for Coal and Metal and Nonmetal should consult with the Office of the Solicitor, Mine Safety and Health Division, to revise the Program Policy Manual to address actions by operators, their agents, or their employees that constitute advance notice of inspections. The Manual explicitly should instruct that section 103(a) is violated when an operator gives advance notice of MSHA's presence on mine property to outlying surface and underground facilities with the intent to impede an inspection, regardless of whether the inspection already has commenced or whether the inspector explicitly has warned the operator against providing such notice. | 6/30/2012 12/31/2013 |
Completed In Progress |
To address part of this recommendation, the Administrators for Coal and Metal and Nonmetal consulted with the Office of the Solicitor on May 10, 2012. On June 12, 2012, the Administrator for Coal instructed district managers regarding advance notice for purposes of Section 103(a) of the Federal Mine Safety and Health Act of 1977. On August 26, 2010, and again on November 5, 2012, the Administrator for Metal and Nonmetal instructed district managers regarding advance notice for purposes of Section 103(a) of the Federal Mine Safety and Health Act of 1977.
Consistent with the Assistant Secretary's instructions to the Deputy Assistant Secretary for Operations to develop a draft centralized administrative review process for Directives, Coal will revise the Program Policy Manual to address actions that constitute advance notice of inspections. |
| The Administrators for Coal and Metal and Nonmetal should re-instruct Family Liaisons to keep a log of significant events. The Administrators should direct revisions to the instructions in the Headquarters Mine Emergency Response Guidelines and the Accident/Illness Investigations Procedures Handbooks to clarify that notes should be recorded privately away from the areas where families are gathered and at a time that does not disrupt the interaction between the liaisons and the family members. | 7/31/2012 | Completed | The Administrator for Coal through his district managers and assistant district managers instructed family liaisons to keep a log of significant events and clarified with them handbook instructions regarding their duties. This instruction was provided to all districts between June 8, 2012 and June 19, 2012. Metal and Nonmetal instructed its family liaisons between March 20, 2012 and March 23, 2012. |
| The Administrators for Coal and Metal and Nonmetal, the Director of the Office of Assessments, Accountability, Special Enforcement, and Investigations (OAASEI), and the Director of Program Evaluation and Information Resources (PEIR) should collaborate in developing a management tool to monitor the resources districts devote to special investigations. | 7/31/2012 | Completed | Coal, Metal and Nonmetal, OAASEI, and PEIR developed a management tool to monitor the resources districts devote to special investigations. This tool tracks the time supervisory, full-time, and collateral duty special investigators devote to special investigation activities and allows management to monitor personnel resources by program area, district, field office, and individual. This was completed on July 31, 2012. |
| The Administrator for Coal should collaborate with the Director of EPD to provide training on the revised policies for District Health Department Supervisors, Assistant District Managers–Technical, and other appropriate Coal personnel. This training should also include procedures for using the revised MSHA Form 2000-142.
Note: In response to another recommendation, by May 31, 2012, the Administrator for Coal revised the Program Policy Manual provision governing the establishment of Mechanized Mining Unit (MMU) numbers under 30 CFR 70.207. This was posted on June 26, 2012 as a completed action. (See below) |
7/31/2012 | Completed | From July 24-26, 2012, the Coal Health Division, in collaboration with EPD, provided a three-day training session to coal health supervisors and health clerks on the revised health policies, MSHA Form 2000-142, and the new "Abatement Times for Respirable Dust Citations" report. The training took place at the National Mine Health and Safety Academy. The training in the districts was completed in August 2012. Additionally, EPD developed course content on the revised MSHA Form 2000-142 for training of potential supervisors. |
| The Director of EPD should direct the revision of training programs for citation and order writing to reflect changes in policies and procedures. The training should be provided to all enforcement personnel, supervisors, and managers. Knowledge checks should be used to determine the effectiveness of the training. | 7/31/2012 6/30/2013 |
Completed In Progress |
EPD developed a draft refresher on-line training course for inspectors on citation and order writing that was completed by July 31, 2012. The draft was sent to the Administrator for Coal and EPD staff for review. Final edits were completed and the course was finalized on September 13, 2012. Knowledge checks are being used to determine the effectiveness of the training.
EPD is working with the Deputy Assistant Secretary for Operations to put a procedure in place ensuring that training programs for all enforcement personnel, supervisors, and managers incorporate training on citation and order writing, as well as all changes in new policies and procedures, including regulatory changes. |
| The Director of PEIR should collaborate with the Administrator for Coal to revise the Mine Plan Approval (MPA) database system to track operator responses to MSHA requests for plan revisions. The Administrator should direct district managers to use MPA to identify overdue responses from operators and take appropriate actions. | 8/3/2012 | Completed | PEIR collaborated with Coal to modify the Mine Plan Approval (MPA) database system to track operator responses to MSHA requests for plan revisions. The modifications were deployed on August 3, 2012.
On August 30, 2012, the Administrator for Coal directed district managers to use the MPA database system to identify overdue responses from operators and take appropriate actions. NOTE: The recommendation also provided that the Administrator for Coal should direct District 4 and 12 managers to develop and follow a process for ensuring that operators submit revised plans when requested, and taking appropriate enforcement actions when operators fail to do so. This recommendation was satisfied by PEIR's development of the online tool for use by districts for tracking plan due dates. |
| The Administrator for Coal should collaborate with the Director of EPD to revise the curriculum at the National Mine Health and Safety Academy regarding inspection procedures for evaluating operator compliance with examination standards. The training should explain the purpose and utilization of an inspector's review of mine examination records. This training should be provided to entry-level inspectors, journeyman inspectors, specialists, supervisors, and assistant district managers. The training should provide instructions on:
• determining whether adequate examinations have been conducted; • determining whether the operator has recorded in the examination book the specific corrective action taken to eliminate the hazard; • identifying incomplete records of examinations, including missing air quantities and air quality measurements; • using examination records to aid in the enforcement of 30 CFR 75.360, 75.362, 75.363, and 75.364; • traveling with and evaluating at least one preshift examiner, one on-shift examiner, and one weekly examiner during each regular inspection; • determining whether the operator conducted on-shift examinations of dust control parameters; and • using examination records in the evaluation of the operator's negligence for violations of other safety and health standards. |
8/31/2012 | Completed | EPD, in collaboration with Coal, revised the curriculum regarding inspection procedures for evaluating operator compliance with examination standards. The training also explained the purpose and utilization of an inspector's review of mine examination records. The training provides instructions on each of the items contained in this recommendation and will continue to be included in the journeyman, specialist, supervisory, and entry-level training.
Coal provided training on this topic during the District 4 and 12 training sessions at the National Mine Health and Safety Academy on April 3 and 4, 2012. To better administratively manage the Agency workload, in May 2012, the expected completion date of the training was extended to September 30, 2012 so district-wide training could occur at the same time as training on other internal review recommendations. District personnel completed this training by September 30, 2012. |
| The Assistant Secretary should instruct the Directors of EPD and Technical Support to develop and provide advanced technical training on longwall mining equipment. This training should be provided to MSHA regular inspectors who are qualified electricians and electrical specialists Agency-wide. | 9/1/2012 | Completed | On April 3 and 4, 2012, District 4 and 12 inspectors, specialists, and management were provided training on longwall electrical permissibility. The training took place at the National Mine Health and Safety Academy. The training program was distributed to all Coal districts. To better administratively manage the Agency workload, in May 2012, the expected completion date of the training was extended to September 30, 2012 so this training could occur at the same time as training on other internal review recommendations. District personnel completed this training by September 30, 2012.
In addition, the updates have been incorporated into all training programs relating to electrical inspections of longwall mining equipment. |
| The Administrator for Coal should direct that training be provided to supervisors on using standard oversight reports to ensure inspectors have valid reasons for not collecting (rock dust) samples, including visiting some areas that inspectors indicated were too wet to sample. | 9/30/2012 | Completed | The National Mine Health and Safety Academy held a three-day training session for Coal supervisors in August 2012. The training, in part, stressed the importance of rock dusting to prevent coal mine dust explosions and included instructions on the proper use of the rock dust database and using sampling oversight reports to ensure inspectors have valid reasons for not collecting rock dust samples, including visiting some areas that inspectors indicated were too wet to sample.
The Administrator for Coal also directed all field office supervisors to review PowerPoint presentations on the utilization of the rock dust database and the importance of maintaining the incombustible content of rock dust mine-wide. Field office personnel completed the training by September 30, 2012. |
| The Administrator for Coal and the Director of EPD should develop a training program for temporarily promoted supervisors to address pertinent parts of the Coal Mine Safety and Health Supervisor's Handbook. This training should include a knowledge check. Consideration should be given to utilizing distance learning options. In addition, guidelines should be developed for assistant district managers to provide the level of oversight necessary for work groups with inexperienced acting field office supervisors. | 9/30/2012 | Completed | Coal and EPD developed a distance learning training course with a knowledge check for temporarily promoted supervisors. This course covers key materials and responsibilities individuals will need after assuming a new supervisory position. EPD finalized the course on September 27, 2012.
In addition, the Administrator for Coal provided uniform guidance to all district managers and assistant district managers to provide acting field office supervisors with the level of oversight necessary to manage their work groups on a temporary basis. The guidance will be included in each District's SOP for training newly promoted field office supervisors. |
| The Assistant Secretary should instruct the Director of PEIR to develop, to the extent possible, fillable forms to be used by inspectors when completing approved forms as part of an inspection or investigation. These fillable forms should be incorporated into the Inspectors' Portable Application for Laptops (IPAL) application to allow the inspector to interact with the directives system in a seamless, user-friendly fashion. | 9/30/2012 | Completed | PEIR successfully developed fillable forms for inspectors to use when completing approved forms as part of an inspection or investigation.
On September 27, 2012, PEIR incorporated fillable forms to be used by inspectors into IPAL. The forms are pre-populated with information from the IPAL database automatically or will populate the rest of the fields based on information entered by the inspector. This will save time by limiting the number of forms that must be filled out manually, while allowing the inspector to interact with the directives system in a seamless, user-friendly fashion. |
| The Administrator for Coal should direct the revision of the Coal Mine Safety and Health Supervisor's Handbook to provide supervisors with a list of fundamental procedures for reviewing enforcement actions. The Handbook also should direct assistant district managers to routinely review a representative number of enforcement actions for conformity to these procedures. Managers should review a representative number of extensions to citations to ensure that inspectors provide specific reasons for extending termination due times that give primary consideration to the health and safety of miners and are not for the convenience of the mine operator or MSHA. | 9/30/2012 12/31/2013 |
Completed In Progress |
To address part of this recommendation, Coal regularly provides oversight to supervisors and managers on how to properly review inspection reports and enforcement actions. At the same time, managers and supervisors are instructed regarding extensions for abatement to ensure that any extension granted is warranted. PEIR provides monthly reports alerting Coal to citations that may have not been abated on a timely basis.
Consistent with the Assistant Secretary's instructions to the Deputy Assistant Secretary for Operations to develop a draft centralized administrative review process for Directives, Coal will revise the Coal Mine Safety and Health Supervisor's Handbook to provide supervisors with a list of procedures for reviewing enforcement actions. |
| The Director of Technical Support should collaborate with the Director of PEIR to complete planned upgrades to the National Air and Dust Laboratory to replace outdated equipment and computer systems and integrate the Laboratory Information Management System (LIMS) into the MSHA enterprise database. | 12/31/2012 | Completed | Technical Support and PEIR collaborated to complete planned upgrades to the National Air and Dust Laboratory (NADL). This included increased staffing, physical renovations to the facility, new equipment, updated computer systems, and integration of the LIMS into the MSHA enterprise database (MSIS). MSHA inspectors are now able to upload air sample data directly from their laptop computers (through MSIS) to the LIMS instead of having to manually fill out Mine Atmosphere Sample Record cards. The air samples are then routed to the lab for analysis. The redesigned system eliminates duplicate data entry, allows for improved data entry validation, and provides the foundation for better management of sample data through enforcement and oversight reports.
The upgrades to the NADL have resulted in reduced turn-around times for air sample analysis with further improvements expected. The NADL will pursue laboratory accreditation by a nationally recognized body in the future. |
MSHA Program Areas' Corrective Actions (As of June 26, 2012)
| Recommendation | Date Due | Status | Corrective Action Taken |
| The Director of PEIR should complete revisions to IPAL to provide data-entry validation and permit inspectors to upload air sample collection data directly to the enterprise database for integration with the LIMS. (Section 103(i) Inspections) | 3/31/2012 | Completed | PEIR completed the recommended data-entry and upload revisions to the Inspectors' Portable Application for Laptops (IPAL) on March 22, 2012. The automated rules will improve the quality of the data in the air sample database while reducing the data-entry workload. |
| The Director of PEIR should direct modifications to IPAL to automatically insert the following statement into the Condition or Practice for each section 104(d) action: "This violation is an unwarrantable failure to comply with a mandatory standard." | 3/31/2012 | Completed | PEIR deployed IPAL version 3.0.12 on March 22, 2012 to address this recommendation. IPAL now appends the text "This violation is an unwarrantable failure to comply with a mandatory standard" to the Condition or Practice section of a citation or order form when an inspector cites an unwarrantable failure violation. This allows the inspector to automatically comply with section 104(d)(1) of the Mine Act which requires the inspector to include such finding when citing an unwarrantable failure violation. |
| The Administrator for Coal should consider whether it is appropriate to store serial numbers and the section/location designations for each MMU in the MSHA enterprise database. | 4/18/2012 | Completed | In April 2012, the Administrator for Coal revised the Program Policy Manual provision governing the establishment of Mechanized Mining Unit (MMU) numbers under 30 CFR 70.207. The revised policy provides that the reduced respirable dust standard, due to the presence of quartz, will not change when the operator changes equipment on a mining section. The Administrator for Coal determined that the revised policy makes it unnecessary to store the individual mining machine serial numbers in the respirable coal mine dust database. |
| The Director of EPD should evaluate the feasibility of requiring a representative number of independent contractor training classes to be monitored by EFS. | 4/30/2012 | Completed | The Director of Educational Policy and Development (EPD) determined that it was feasible to require a representative number of independent contractor training classes be monitored by Educational Field Services (EFS). The Administrator for Coal issued a memorandum to the District Managers with instructions for mine operators, contractors, and contract trainers to provide notification of training under Part 48 to EPD. EPD established an email address for the mining industry to use to provide their upcoming training schedules. This will give EPD training specialists the opportunity to monitor training classes. |
| The Administrator for Coal should direct that District 4 and 12 managers reinforce MSHA policy and procedure concerning standards that can be cited as section 104(g)(1) training orders and on records that must be inspected to ensure that an operator is providing all required training. | 4/30/2012 | Completed | This recommendation was addressed during the District 4 and 12 training sessions at the National Mine Health and Safety Academy on April 3 and 4, 2012. This training will also be provided to all Coal districts.
Enforcement personnel were instructed that MSHA policy only allows violations of 30 CFR 48.5, 48.6, 48.7, 48.8, and 48.11 to be cited under section 104(g)(1) of the Mine Act for untrained miners at underground mines. Enforcement personnel also were trained on records that must be inspected to ensure that an operator is providing all required training. This includes checking training records for AMS operators, responsible persons, and persons who sample atmospheres behind seals. |
| The Administrator for Coal should direct the District 4 and 12 Managers to reinstruct inspectors in the General Coal Mine Inspection Procedures and Inspection Tracking System Handbook directive to check and document checking Part 50 records during every regular inspection. The District Managers should hold inspection supervisors accountable for enforcing compliance with this directive. | 4/30/2012 | Completed | This recommendation was addressed during the District 4 and 12 training sessions at the National Mine Health and Safety Academy on April 3 and 4, 2012. This training will also be provided to all Coal districts.
Inspectors were reinstructed to review required records and postings, including Mine Accident, Injury, and Illness Reports (MSHA Form 7000-1) and Quarterly Employment and Coal Production Reports (MSHA Form 7000-2) during each regular inspection. This will help identify mine operators that routinely underreport or inaccurately report accidents, injuries, illnesses, employment, and production. The District Managers were instructed to hold supervisors accountable for enforcing compliance with this directive. |
| The Administrator for Coal should collaborate with the Directors of EPD and Technical Support to provide refresher training for District 4 and 12 regular inspectors to assure they have appropriate skills to ensure uniform recognition of electrical violations. | 4/30/2012 | Completed | The Electrical Safety Division of Technical Support provided refresher training on the recognition of electrical violations to regular inspectors during the District 4 and 12 training sessions at the National Mine Health and Safety Academy on April 3 and 4, 2012. This training will also be provided to all Coal districts. |
| The Administrator for Coal should direct the District 4 and 12 Managers to provide inspectors and specialists with training to ensure that six-month reviews are conducted and documented in accordance with the Mine Ventilation Plan Approval Procedures Handbook. District managers should monitor the six-month reviews after the training is completed to verify its effectiveness and take follow-up corrective action if necessary. | 4/30/2012 | Completed | The Coal Safety Division provided training on the procedures outlined in the Mine Ventilation Plan Approval Procedures Handbook regarding six-month plan reviews to all inspectors and specialists during the District 4 and 12 training sessions at the National Mine Health and Safety Academy on April 3 and 4, 2012 to help ensure that the in-mine physical inspection of the mine ventilation system is properly conducted and documented. This training will also be provided to all Coal districts.
District Managers were instructed to monitor the six-month reviews to verify their effectiveness and take follow-up corrective action if necessary. |
| The Administrator for Coal should direct staff to monitor the implementation of new regulations to ensure districts enforce the provisions of final rules within the effective dates specified. | 4/30/2012 | Completed | The Administrator for Coal directed staff to monitor the implementation of new regulations to ensure districts enforce the provisions of final rules within the effective dates specified. This will be tracked through Field Activity Reviews, Accompanied Activities, Second Level Reviews, and District Peer Reviews. |
| The Administrator for Coal should direct the District 4 and 12 Managers to revise the roof control plan SOP to comply with the established Program Policy Manual requirements as identified by the OIG report. | 4/30/2012 | Completed | Districts 4 and 12 revised the roof control plan SOPs to comply with the established Program Policy Manual requirements as identified by the OIG report and to address deficiencies identified in the Internal Review report. The SOPs were revised to check that required information is submitted, check for communication with other plan approval groups, assure that designated MSHA personnel contact the operator for additional information, and discuss results of on-site evaluations with the operator and identified miners' representatives. |
| The Administrator for Coal should direct the District 4 and 12 Managers to provide training to inspectors and specialists regarding the use of the required checklists and proper documentation of six-month plan reviews. (Roof Control) | 4/30/2012 | Completed | The Coal Safety Division provided training on the six-month reviews of roof control plans as required by 30 CFR 75.223(d) to all inspectors and specialists during the District 4 and 12 training sessions at the National Mine Health and Safety Academy on April 3 and 4, 2012. This will help ensure that the in-mine physical evaluation of the roof control plan is properly conducted and documented. This training will also be provided to all Coal districts. |
| The Administrator for Coal should direct the District 4 and 12 Managers to ensure that the six-month reviews of roof control plans for complex mines be conducted by roof control specialists. When deemed appropriate, complex mine plans should continue to be forwarded to Technical Support for evaluation. | 4/30/2012 | Completed | MSHA issued Procedure Instruction Letter No. I11-V-1 on January 25, 2011 to provide guidance on when six-month reviews of complex roof control plans should be forwarded to Technical Support for evaluation.
The Coal Safety Division provided training on the six-month reviews of roof control plans as required by 30 CFR 75.223(d) to all inspectors and specialists during the District 4 and 12 training sessions at the National Mine Health and Safety Academy on April 3 and 4, 2012. This included guidance that reviews of plans for complex mines should be completed by roof control specialists or forwarded to Technical Support when appropriate. This training will also be provided to all Coal districts. |
| The Administrator for Coal should direct the District 4 and District 12 managers to require their SSIs to prepare and maintain a memorandum detailing the reasons for not conducting a special investigation in cases where the district manager decides to take no further action, in accordance with the Special Investigations Procedures Handbook. | 4/30/2012 | Completed | The Technical Compliance and Investigations Office (TCIO) of the Office of Assessments, Accountability, Special Enforcement, and Investigations (OAASEI) provided training on special investigations during the District 4 and 12 training sessions at the National Mine Health and Safety Academy on April 3 and 4, 2012. The training included specific instructions to prepare and maintain a memorandum detailing the reasons for not conducting a special investigation when the district manager decides to take no further action, in accordance with the Special Investigations Procedures Handbook. This training will also be provided to all Coal districts. |
| The Administrator for Coal should direct that training be provided to District 4 and 12 inspectors, specialists, supervisors, assistant district managers, and other appropriate personnel on proper procedures for conducting, documenting, and reviewing MSHA respirable dust surveys. | 4/30/2012 | Completed | The Coal Health Division provided training on proper procedures for conducting, documenting, and reviewing MSHA respirable dust surveys during the District 4 and 12 training sessions at the National Mine Health and Safety Academy on April 3 and 4, 2012. This training will also be provided to all Coal districts. |
| The Administrator for Coal should direct the District 4 and 12 Managers to conduct follow-up reviews of inspection reports to evaluate the effectiveness of training provided and take appropriate corrective actions for any deficiencies identified. | 4/30/2012 | Completed | The Internal Review report concluded that supervisors did not always identify or require corrections to inspection deficiencies. This topic was addressed during the District 4 and 12 training sessions at the National Mine Health and Safety Academy on April 3 and 4, 2012. District 4 and 12 Managers were directed to conduct follow-up reviews of inspection reports to evaluate the effectiveness of all training provided and take appropriate corrective actions for any deficiencies identified. |
| The Administrator for Coal should direct revisions to MSHA Form 2000-142 to eliminate the reference "Headquarters Only" for Item 7C and to require the serial number of the mining machine(s) and an explicit reference to the section or location in the mine for each MMU to be recorded for Item 11. | 5/30/2012 | Completed | The Administrator for Coal directed revisions to MSHA Form 2000-142 ("MMU/DA/DWP Data") to eliminate the reference "Headquarters Only" for Item 7C. This form is used when assigning new MMUs or updating existing MMUs. The Coal Health Division instructed district personnel that the applicable dust standard can be manually adjusted to maintain a reduced dust standard when the operator changes equipment on a mining section. MSHA distributed the revised form to inspectors via the IPAL Computer Resources program.
The revised Program Policy Manual (April 2012) provides guidance on recording the MMU location in the re-engineered health computer system. The Administrator for Coal determined that recording the specific MMU location makes it unnecessary to record individual mining machine serial numbers. |
| The Director of PEIR should develop and implement a standard report to track abatement times for respirable dust violations, and the Administrator for Coal should direct the Health Division to use the report to monitor district performance. | 5/30/2012 | Completed | PEIR developed and implemented a standard report to track abatement times for respirable dust violations. The "Abatement Times for Respirable Dust Citations" report allows managers and enforcement personnel to track respirable dust violations from issuance to termination to reduce miners' exposure to respirable coal mine dust. The Administrator for Coal directed the Health Division via memorandum to monitor district performance. |
| The Administrator for Coal should consider removing the Health/Safety/Other block from the Mine Citation/Order Form. The Administrator also should consider revising the Citation and Order Writing Handbook for Coal Mines and Metal and Nonmetal Mines to remove the direction for Coal inspectors to complete this field. The Director of PEIR should make corresponding changes to the Inspectors' Portable Application for Laptops (IPAL) data input screen. | 9/30/2012 | Completed | The Administrator for Coal believes it is beneficial to include the Health/Safety/Other block on the Mine Citation/Order Form. Removing this block would require enforcement personnel to read the Condition or Practice for each citation to determine whether the violation is health-related. The Administrator for Coal reminded the Coal districts to check the appropriate blocks on the Mine Citation/Order Form. |
| The Administrator for Coal should direct the revision of the Program Policy Manual to apply reduced respirable dust standards, including those from deactivated MMUs, to other MMUs working in the same section of the mine with similar mining equipment, until sampling establishes a new standard. | 6/30/2013 | Completed | In April 2012, the Administrator for Coal revised the Program Policy Manual provision governing the establishment of Mechanized Mining Unit (MMU) numbers under 30 CFR 70.207. The revised policy provides that the reduced respirable dust standard, due to the presence of quartz, will not change when the operator changes equipment on a mining section. |
MSHA Assistant Secretary's Corrective Actions (As of September 30, 2012)
| Recommendation | Status | Corrective Action Taken |
| The Assistant Secretary should convene a panel of mine rescue experts from industry, state and federal government, labor, and academia to review, refine, and develop mine rescue and recovery protocol to address lessons learned from the UBB disaster. The panel should also consider the conditions and events surrounding other recent mine accidents, including events occurring in other countries. The panel should include mine rescue team members or trainers. | Completed | MSHA held the Mine Rescue Summit at the National Mine Health and Safety Academy on May 7 and 8, 2012. Nearly 150 people participated during the two-day event, which was planned to coincide with the West Virginia Alliance Mine Rescue Skills Contest. Assistant Secretary Main convened a panel of experts at the Summit to address critical mine rescue emergency topics, including:
On July 11, 2012, MSHA held a stakeholder meeting concerning mine rescue contests, mine rescue guidance, and other matters. MSHA is in the process of establishing a mechanism where mine emergency guidance and best practices can be updated on an ongoing basis. |
| The Assistant Secretary should reestablish the functionality and improve the utility of the MSHA Directives System. | Completed | On February 23, 2012, the Assistant Secretary assigned the Deputy Assistant Secretary for Operations the responsibility for developing a centralized administrative review process for updating and monitoring all of MSHA's Directives and the Directives System so that MSHA's enforcement and other personnel are well informed and MSHA programs operate in a fair and consistent manner. Procedures are being developed that will monitor policy development, evaluate the Directives for need, consistency and impact on the Agency, and facilitate the activities of the policy coordinators from all MSHA programs. |
| The Assistant Secretary should direct the revision of the Administrative Policy and Procedures Manual (APPM) to incorporate Administrative Policy Letter A11-I-01 which established policies and procedures for required continuing education of ARs. In addition, the APPM should be revised to include a permanent requirement for two-week biannual training for field office supervisors. Newly-selected supervisors should be provided this training at the earliest possible date. | Completed | The Assistant Secretary directed staff to incorporate Administrative Policy Letter (APL) A11-1-01, which establishes policies and procedures for required continuing education for Authorized Representatives (ARs) into the Administrative Policy and Procedures Manual (APPM) no later than December 31, 2013. This includes permanent requirements for two-week biannual training for field office supervisors and to provide that training to newly-selected supervisors at the earliest possible date. |
| The Assistant Secretary should direct the Office of Assessments, Accountability, Special Enforcement and Investigations to evaluate implementation of corrective actions resulting from internal reviews during each annual District Review. | Completed | The Assistant Secretary directed staff to develop a means for evaluating the effectiveness of corrective actions identified in the Agency's internal reviews and accountability reviews. The Office of Assessments, Accountability, Special Enforcement, and Investigations (OAASEI) will take the lead in developing this process and in revising the Accountability Handbook to include a requirement that OAASEI evaluate the effectiveness of corrective actions to address previously identified issues. This should be in draft form and to the Assistant Secretary by September 30, 2012 for review and approval. |
| The Assistant Secretary should instruct the Directors of EPD and Technical Support to develop and provide advanced technical training on longwall mining equipment. This training should be provided to MSHA regular inspectors who are qualified electricians and electrical specialists Agency-wide. | Completed | To address deficiencies in the technical skills required to inspect longwall equipment, the Assistant Secretary directed staff to develop, by September 30, 2012, advanced technical training on longwall mining equipment for electrical specialists and regular inspectors who are qualified electricians, as well as a schedule to implement the training. |
| The Assistant Secretary should instruct the Director of PEIR to develop, to the extent possible, fillable forms to be used by inspectors when completing approved forms as part of an inspection or investigation. These fillable forms should be incorporated into the IPAL application to allow the inspector to interact with the directives system in a seamless, user-friendly fashion. | Completed | To aid inspectors and allow them to interact with the Directives System in a "seamless, user-friendly fashion," the Assistant Secretary directed staff to develop, to the extent possible, fillable forms to be used when completing approved forms as part of an inspection or investigation. The completion of this project should coincide with the December 31, 2012 completion of the revised Coal Mine Inspectors' Handbook. |
