UBB Corrective Action Plan

The Administrator for Coal should direct revision of the Program Policy Manual to:

• Establish policy for 30 CFR 75.1716-1 to define the manner in which mine operators must provide notice to the district manager prior to the commencement of mining operations when planning to mine under any river, stream, lake, or other body of water. The policy also should state explicitly that “other body of water,” includes water pools in overlying mines.
• Clearly state the Agency’s interpretation of “water pools above,” as referenced in 30 CFR 75.1200(j), by explicitly stating that the phrase “water pools above” includes water pools in overlying mines.
• Instruct district personnel to request that an operator identify pools of water in overlying mines where applicable when submitting mine ventilation maps.
• Clarify the detail to be shown on mine ventilation maps to include elevations on 10-foot contours in overlying and underlying mines when elevations are available on overlying or underlying mine maps.
• Direct district managers to exercise their authority under 30 CFR 75.1203 to require that operators furnish a current 75.1200 map at the same time the annual mine ventilation map is submitted. Both maps should be updated as of the same date.

Following up on the Assistant Secretary's instructions to the Deputy Assistant Secretary for Operations to develop a draft centralized administrative review process for Directives, and in lieu of revising the Program Policy Manual, the Administrator for Coal published Program Policy Letter (PPL) No. P13-V-10, “Permits for Mining Under Bodies of Water” to:

• Establish policy for 30 CFR 75.1716-1 to define the manner in which mine operators must provide notice to the district manager prior to the commencement of mining operations when planning to mine under any river, stream, lake, or other body of water. The policy also states explicitly that “other body of water,” includes water pools in overlying mines.
• Clearly state the Agency’s interpretation of “water pools above,” as referenced in 30 CFR 75.1200(j), by explicitly stating that the phrase “water pools above” includes water pools in overlying mines.
• Instruct district personnel to request that an operator identify pools of water in overlying mines where applicable when submitting mine ventilation maps.
• Clarify the detail to be shown on mine ventilation maps to include elevations on 10-foot contours in overlying and underlying mines when elevations are available on overlying or underlying mine maps.
• Direct district managers to exercise their authority under 30 CFR 75.1203 to require that operators furnish a current 75.1200 map at the same time the annual mine ventilation map is submitted. Both maps should be updated as of the same date.

The Administrators for Coal and Metal and Nonmetal should collaborate with SOL and the Director of OAASEI to revise Volume III of the Program Policy Manual to:

• Define a “potentially flagrant violation” using the numbered objective criteria referenced in the Citation and Order Writing Handbook for Coal and Metal and Nonmetal Mines.
• Add “potentially flagrant violations” to the list of violations that are required to be reviewed for special assessment. The matrix that follows this list also should be clarified to include “potentially flagrant violations.”
• Explicitly require that all SAR Forms for potentially flagrant violations be submitted to the Administrator along with supporting documentation, even if the District Manager does not recommend a flagrant violation special assessment because of the perceived absence of substantial and proximate cause or the presence of mitigating factors.
• Include the “Potential Flagrant Violations Not Assessed” oversight report with the reference to the “Assessable Violations Not Marked Report (R-119 Report) for regular review by district personnel.
• Update guidance on legal requirements for implementing assessments of flagrant violations, including whether repeat flagrant violations must be related to the same distinct hazard.

Following up on the Assistant Secretary's instructions to the Deputy Assistant Secretary for Operations to develop a draft centralized administrative review process for Directives, Coal and Metal and Nonmetal collaborated with SOL and OAASEI to revise Volume III of the Program Policy Manual to:

• Define a “potentially flagrant violation” using the numbered objective criteria referenced in the Citation and Order Writing Handbook for Coal and Metal and Nonmetal Mines.
• Add “potentially flagrant violations” to the list of violations that are required to be reviewed for special assessment and clarify the matrix that follows this list to include “potentially flagrant violations.”
• Explicitly require that all SAR Forms for potentially flagrant violations be submitted to the Administrator along with supporting documentation, even if the District Manager does not recommend a flagrant violation special assessment because of the perceived absence of substantial and proximate cause or the presence of mitigating factors.
• Include the “Potential Flagrant Violations Not Assessed” oversight report with the reference to the “Assessable Violations Not Marked Report (R-119 Report) for regular review by district personnel.
• Update guidance on legal requirements for implementing assessments of flagrant violations, including whether repeat flagrant violations must be related to the same distinct hazard.

The Administrators for Coal and Metal and Nonmetal should collaborate with the Office of the Solicitor, Mine Safety and Health Division (SOL) to revise the Citation and Order Writing Handbook for Coal and Metal and Nonmetal Mines to incorporate applicable provisions from PIL I08-III-02. The Handbook should:

• Define the term “substantial and proximate cause” and explain the inspector’s role, if any, in its evaluation.
• Include instructions that clearly direct inspectors and specialists to complete a SAR Form for each violation that meets the “numbered objective criteria” for screening potentially flagrant violations. The second scenario in the “Flagrant Citations and Orders” chapter of the Handbook should reference whether the example should be reviewed as a potentially flagrant violation.
• Direct inspectors and specialists to include a SAR Form in the packet to be sent to the District Office for each violation meeting the “numbered objective criteria.”

Following up on the Assistant Secretary's instructions to the Deputy Assistant Secretary for Operations to develop a draft centralized administrative review process for Directives, Coal and Metal and Nonmetal collaborated with SOL to revise the Citation and Order Writing Handbook for Coal and Metal and Nonmetal Mines to:

• Define the term “substantial and proximate cause” and explain the inspector’s role, if any, in its evaluation.
• Include instructions that clearly direct inspectors and specialists to complete a SAR Form for each violation that meets the “numbered objective criteria” for screening potentially flagrant violations. The second scenario in the “Flagrant Citations and Orders” chapter of the Handbook references whether the example should be reviewed as a potentially flagrant violation.
• Direct inspectors and specialists to include a SAR Form in the packet to be sent to the District Office for each violation meeting the “numbered objective criteria.”

MSHA did not issue a new Program Instruction Letter in addition to the revision to the Citation and Order Writing Handbook for Coal and Metal and Nonmetal Mines because this part of the recommendation was determined to be redundant. PIL 108-111-02 expired and the updated guidance was incorporated into the Program Policy Manual.

The Director of PEIR should provide the following to enhance enforcement of 30 CFR 75.403 and minimize rock dust data input errors.

• The RDSS and RDDR applications should be incorporated into IPAL and MSIS.
• The Rock Dust Sample Submission Form and the MSHA enterprise database should be modified to include fields to document the location of the last row of samples collected during rock dust surveys.
• Lab analysis reports should be modified to include surveys where no samples were submitted for analysis (e.g., all wet sample locations) to confirm data transfer. Such documents should be included in inspection reports, consistent with current MSHA inspection procedures, rather than Rock Dust Sample Submission Forms.
• Standard oversight reports should be developed and distributed to headquarters, district, and field offices to monitor:
  • Rock dust surveys with no samples collected, including surveys containing all “No Sample” or “Wet” locations.
  • Sample collection rates from previously wet locations for each underground bituminous coal mine.
  • Non-compliant spot rock dust samples with no subsequent enforcement actions. This may require additional fields on the Rock Dust Sample Submission Form showing the purpose for collecting a spot sample (i.e., previously wet sample location, violation abatement sample, or compliance sample).

The Administrator for Coal investigated issues surrounding double-encumbering temporarily vacant positions and determined that it is not feasible due to budgetary issues.

In lieu of double-encumbering, the Administrator for Coal implemented the following actions to promptly fill enforcement positions within CMS&H and provide oversight of the hiring process:

• Closely monitor staffing numbers and the FTE ceiling.
• Centralize district hiring approval and authority through the Office of the Administrator. The Coal Management Office collaborates with the Regional Personnel Offices on the authority to hire and fill positions on a timely basis.
• Meet weekly with the Deputy Administrator and Management Office staff to review headquarters and district staffing numbers, data, vacancies, postings and hiring. This includes a status review of vacancy announcements, postings / close dates, interviews, and filling vacancies prior to the expiration.
• Hold quarterly meetings between Coal headquarters and district management staff to review staffing numbers, data, attrition (actual and projected), resource and inspection needs, and hiring.

The Administrator for Coal directed revisions of the Coal Health Inspection Procedures Handbook Chapter 1 and the Program Policy Manual that included the following:

• Clarified the application of reduced standards to MMUs by explaining the policy and procedures for assigning respirable dust standards when a new MMU is approved to account for the mine’s history of reduced respirable dust standards and geological conditions.
• Clarified the abatement time for excessive dust citations.

The Administrator for Coal also directed revisions to the Mine Ventilation Plan Approval Procedures Handbook.

On July 25, 2012, Coal Headquarters staff provided training to District Health supervisors and specialists on revised Agency policy and procedures in response to the UBB internal review.

On June 5, 2013, Coal Headquarters staff provided training to district management and ventilation supervisors with instruction on the revised guidelines of the Mine Ventilation Plan Approval Procedures Handbook.

The Administrator for Coal should direct the revision of the Program Policy Manual to:

• Clarify when it is appropriate to establish a new MMU number, including situations when mining equipment is replaced with similar machinery. Policy should clearly explain procedures for assigning respirable dust standards when a new MMU is approved to account for the mine’s history of reduced respirable dust standards and expected geological conditions.
• Clarify application of 30 CFR 70.207(a) as it relates to the collection of bimonthly samples by mine operators and provide training on the revised policy. This policy should provide guidance on when an MMU has operated a sufficient number of days during a bimonthly period to warrant operator sampling.
• Establish criteria for determining abatement times for citations issued for excessive respirable dust concentrations.
• Provide consistent guidance between Section I.103-4 of the Program Policy Manual and the Coal Mine Health Inspection Procedures Handbook. Revisions should clarify when MSHA will collect respirable dust samples on each operating MMU and state that invalid or voided samples do not count for fulfilling this obligation.

The Administrator for Coal directed revisions of MSHA’s Program Policy Manual and the Coal Mine Health Procedures Handbook Chapter 1 on Respirable Dust that accomplished the following:

• Clarified when it is appropriate to establish a new MMU number, including situations when mining equipment is replaced with similar machinery. The Program Policy Manual and Chapter 1 were revised to explain the policy and procedures for assigning respirable dust standards when a new MMU is approved to account for the mine’s history of reduced respirable dust standards and expected geological conditions.
• Outlined policy guidance in the Program Policy Manual on the collection frequency of inspector respirable dust standards at underground and surface coal mines and stipulates the sufficient number of days a MMU/DA/DWP/Part 90 miner operated or was available during a bimonthly period to warrant operator sampling. On June 27, 2013, training was provided to all districts concerning these changes. On July 25, 2012, Coal Headquarters staff provided training to District health supervisors and specialists on revised health policy and procedures in response to the UBB Internal Review.
• Provided training on the issuance of citations related to the failure of mine operators to collect the required respirable dust samples each bimonthly period. The failure to submit citations are included in the tracking report “Abatement Times for Respirable Dust Citations” as a means to ensure the appropriate enforcement actions are taken by field personnel and citations for failure to submit bimonthly samples are issued and abated in a timely fashion.
• Established criteria in Chapter 1 for determining abatement times for citations issued for excessive respirable dust concentrations.
• Provided consistent guidance between the revisions of Section 1.103.4 of the Program Policy Manual and the Coal Mine Health Inspection Procedures Handbook Chapter 1 to clarify when MSHA will collect respirable dust samples on each operating MMU and that invalid or voided samples do not count toward fulfilling this obligation.

The Administrator for Coal collaborated with the Chief of Emergency Operations to modify existing MERD training on command center duties and responsibilities and established mine rescue protocols. On November 14, 2012, MERD training was conducted for coal managers and supervisors at the National Mine Health and Safety Academy. The training included the following:

• How to evaluate the level of acceptable risk to mine rescue teams using all available relevant information;
• The use of back-up and standby teams;
• Systematic exploration, including "tying in" areas of the mine;
• Communications between mine rescue teams and the fresh air base;
• Re-ventilation of areas affected by explosions;
• Use and evaluation of inert gases; and
• Possible survivors in refuge alternatives.

The Administrator for Coal should direct revisions to the General Coal Mine Inspection Procedures and Inspection Tracking System Handbook to:

• Identify training records required by 30 CFR 75.338(a) and 75.1501(a)(3) as records that are to be inspected during a regular inspection, as well as any records of any other training required by MSHA regulations.
• Specify the percentage of miners for which training records are to be inspected during a regular inspection.
• Include the requirements of CMS&H Memo No. HQ-08-055-A that direct inspectors to question miners on their training related to roof control plans and document such information. The Administrator also should consider similar guidance regarding training related to ventilation plans.

Following up on the Assistant Secretary's July 21, 2010 directive regarding the evaluation of enforcement policies and procedures used by inspectors in their inspection activities, Coal revised the General Coal Mine Inspection Procedures and Inspection Tracking System Handbook, now titled the Coal Mine Safety and Health General Inspection Procedures Handbook to:

• Identify training records required by 30 CFR 75.338(a) and 75.1501(a)(3) as records that are to be inspected during a regular inspection, as well as any records of any other training required by MSHA regulations;
• Specify the percentage of miners for which training records are to be inspected during a regular inspection;
• Include the requirements of CMS&H Memo No. HQ-08-055-A that direct inspectors to question miners on their training related to roof control plans and document such information; and
• Include similar guidance regarding training related to ventilation plans.

The handbook was revised by December 31, 2012 with final approval on January 29, 2013. The revised handbook is scheduled to go into effect by April 2013 once the appropriate training has been conducted.

Following up on the Assistant Secretary's July 21, 2010 directive regarding the evaluation of enforcement policies and procedures used by inspectors in their inspection activities, Coal revised the Coal Mine Safety and Health General Inspection Procedures Handbook by specifying those procedures outlined in the CO Handbook that are to be completed during each regular inspection. These procedures include the:

• Examination of AMS components;
• Observations of the operator making a required calibration of system sensors;
• Comparison of the data and times obtained during the inspection to information recorded by the system on the surface;
• Evaluation concerning the knowledge of the responsible person(s) about the system display, the actions required for any alert and alarm, and appropriate notification of miners and mine management when an alert or alarm occurs; and
• Review of the most recent records to determine if proper notifications and corrective actions have been taken to address previous alerts, alarms, or system failures.

The handbook was revised by December 31, 2012 with final approval on January 29, 2013. The revised handbook is scheduled to go into effect by April 2013 once the appropriate training has been conducted.

The Administrator for Coal should direct the revision of the General Coal Mine Inspection Procedures and Inspection Tracking System Handbook to describe the purpose of an inspector's review of the operators' examination records, and how the review should be utilized during inspections. The revised procedures should also identify specific items that should be checked when reviewing mine examination records, such as whether:

• examinations have been conducted at required intervals;
• examination records indicate violations of mandatory safety or health standards;
• hazardous conditions have been properly recorded;
• records of violations or hazardous conditions indicate a need for inspectors to follow up;
• corrective actions have been recorded for reported hazardous conditions; and
• ventilation of worked out and outby areas have been evaluated properly.

Following up on the Assistant Secretary's July 21, 2010 directive regarding the evaluation of enforcement policies and procedures used by inspectors in their inspection activities, Coal revised the Coal Mine Safety and Health General Inspection Procedures Handbook by describing the purpose of an inspector's review of the operator's examination records, and how the review should be utilized during inspections. It states: "The inspector's review of the operators' examination records is to assure that required pre-shift, supplemental, on-shift and weekly examinations are performed and properly recorded, and that any hazardous conditions and violations of nine specific mandatory safety and health standards are recorded as corrected in a timely manner. The review should be used during inspections to assure all areas of the mine site are being examined in accordance with the 30 CFR and any approved plans."

The revised procedures also identify specific items that should be checked when reviewing mine examination records, such as whether:

• Examinations have been conducted at required intervals;
• Examination records include violations of mandatory safety or health standards;
• Hazardous conditions have been properly recorded;
• Records of violations or hazardous conditions indicate a need for inspectors to follow up;
• Corrective actions have been recorded for reported hazardous conditions; and
• Ventilation of worked out and outby areas have been evaluated properly.

The revised handbook further stipulates that if examiners observe violations of other mandatory safety or health standards during their examinations, operators are required to correct those violations. Mine operators must review with examiners all citations and orders issued in areas where pre-shift, supplemental, on-shift, and weekly examinations are required on a quarterly basis.

The handbook was revised by December 31, 2012 with final approval on January 29, 2013. The revised handbook is scheduled to go into effect by April 2013 once the appropriate training has been conducted.

The Administrator for Coal should direct the revision of the General Coal Mine Inspection Procedures and Inspection Tracking System Handbook to improve planning, tracking, and oversight of rock dust sampling.

• Inspectors should be directed to evaluate the adequacy of rock dust maintenance by collecting spot samples from a representative number of locations in outby areas. Sampling strategies should provide analysis results ahead of second mining, including longwall gate entries.
• Inspectors should be directed to plot rock dust sample locations on regular inspection tracking maps. Sample collection dates and locations too wet to sample should be specified on the map.
• Consideration should be given to replacing the Rock Dust Survey Wet Locations Tracking Form with tracking maps, or provide instruction to use the Form in the Handbook. If retained, the Form should be modified to include documentation of the inspector's name and date that the wet area was re-inspected. Also, the sample location status options on the Form should match those available on the computer application.
• Inspectors should be directed to document in their notes the locations of section loading points and the last row of samples collected during rock dust surveys.
• When collecting rock dust samples, inspectors should be directed to document in their notes the facts needed to evaluate negligence and gravity of potential 30 CFR 75.403 violations.
• Inspectors should be directed to collect crosscut samples in the first row of each rock dust survey and in each third row thereafter.
• Inspectors should be directed to resample non-compliant locations after re-dusting and before terminating any related enforcement actions.
• Enforcement procedures should ensure re-dusting at all noncompliant sample locations, even if the survey was compliant.

The Director of OAASEI should collaborate with the Administrators for Coal and Metal and Nonmetal to revise the Accountability Program Handbook to:

• Remove references to accountability reviews led by MSHA Headquarters.
• Provide for evaluation of the effectiveness of corrective actions.

Where practical, these evaluations should include objective measurements of results and effects of the corrective actions. In cases where training is identified as a corrective action, knowledge checks or equivalent means should be conducted to ensure an adequate understanding of the material.

Following up on the Assistant Secretary's June 26, 2012 directive regarding the evaluation for effectiveness of corrective actions identified in MSHA's internal and accountability reviews, the Director of OAASEI, in collaboration with the Administrators for Coal and Metal and Nonmetal, EPD and PEIR revised the Accountability Program Handbook by:

• Removing references to MSHA Headquarters accountability reviews, replacing those reviews with those conducted by the Office of Accountability;
• Inserting requirements for Accountability Office reviews to evaluate the effectiveness of corrective actions taken to address previously identified issues; and
• In cases where EPD develops and conducts training or develops on-line training that Coal and MNM use as corrective actions, including a requirement for knowledge checks to ensure an adequate understanding of the material.

The handbook was revised by December 31, 2012 and is scheduled to be published in February 2013.

Following up on the Assistant Secretary's June 26, 2012 directive regarding the evaluation for effectiveness of corrective actions identified in MSHA's internal and accountability reviews, OAASEI, in collaboration with Coal and Metal and Nonmetal, EPD and PEIR, revised the Accountability Program Handbook to include a requirement for the Office of Accountability reviews to evaluate the effectiveness of corrective actions taken to address previously identified issues, including issues identified during both internal and accountability reviews.

This revision also addressed recommendations from the Office of Inspector General's (OIG) review of the accountability program. Specifically, the Accountability Program Handbook includes requirements for: 1) root cause analysis training for Office of Accountability and certain District staff assigned to conduct accountability reviews, and 2) district Corrective Action Plans to document the following:

• The deficiency;
• The root cause of the deficiency;
• The proposed corrective actions;
• The office or position responsible for implementing the corrective action;
• The planned timeframe for completing each corrective action;
• The method for determining success of the corrective action; and
• A description of the documentation that will demonstrate closure of the corrective action.

The handbook was also revised to include a requirement for OAASEI to maintain an inventory of all identified deficiencies, root cause analyses and corrective actions. The OIG reviewed the draft Accountability Program Handbook, and OIG comments were incorporated into the final version of the handbook.

The handbook was revised by December 31, 2012 and is scheduled to be published in February 2013.

Following up on the Assistant Secretary's June 26, 2012 directive regarding the evaluation for effectiveness of corrective actions identified in MSHA's internal and accountability reviews, OAASEI, in collaboration with Coal and Metal and Nonmetal, EPD and PEIR, revised the Accountability Program Handbook by:

• Inserting requirements for Accountability Office reviews to evaluate the effectiveness of corrective actions taken to address previously identified issues; and
• In cases where EPD develops and conducts training or develops on-line training that Coal and MNM use as corrective actions, including a requirement for knowledge checks to ensure an adequate understanding of the material.

In addition, and as outlined in the recommendation above concerning the evaluation of the implementation of corrective actions, OAASEI addressed recommendations from the OIG's review of the Accountability Program.

The handbook was revised by December 31, 2012 and is scheduled to be published in February 2013.

The Administrator for Coal should direct the following revisions to the General Coal Mine Inspection Procedures and Inspection Tracking System Handbook:

• Define the salient parts of a regular inspection consistent with the requirements of subsections 103(a)(3) and (4) of the Mine Act.
• Provide instruction on preparing ITS lists at the start of a regular inspection, and update them thereafter, to provide a complete list of salient items that need to be inspected. Inspection activities currently listed only in the Inspection Procedure Header Documentation tables should be incorporated into ITS lists in a manner that permits eliminating the former. The Handbook should explain that the purpose of the ITS includes planning and coordinating inspection activities, rather than proving their completion.
• Provide instruction on obtaining, preparing, and maintaining regular inspection tracking maps. Inspectors should be directed to label MMUs and approved evaluation/measurement point locations on tracking maps. Inspectors should update the map to show the extent of mining when the MMU was inspected. Instruction to show the "extent of daily travels" on the map should be clarified to also direct inspectors to show travel start and stop points, the inspector's initials, and date of inspection. Where possible, the ITS should be streamlined to avoid duplication with the tracking map documentation. Line diagrams should not be used in lieu of tracking maps.
• Define activities that ROE inspector trainees may perform at a mine before they receive their AR credentials.

Following up on the Assistant Secretary's July 21, 2010 directive regarding the evaluation of enforcement policies and procedures used by inspectors in their inspection activities, Coal revised the Coal Mine Safety and Health General Inspection Procedures Handbook by:

• Providing instruction on preparing ITS (Inspection Tracking System) lists at the start of a regular inspection, and updating them thereafter, to provide a complete list of items that need to be inspected. Inspection activities currently listed only in the Inspection Procedure Header Documentation tables have been incorporated into ITS lists. The revised handbook explains that the purpose of the ITS is to enhance MSHA's ability to determine inspection progress, fulfill established inspection procedures, and plan and coordinate inspection activities.
• Providing instruction on obtaining, preparing, maintaining and using regular inspection tracking maps. The revised handbook states that "[a] tracking map shall be used to record the location of MMU(s) or name of section(s), approved evaluation/measuring points, and each air course inspected. During the course of inspection activities, inspectors are expected to re-inspect the mine map as needed to assure the maps are appropriately updated, changes documented, or noted as incomplete as compared to the actual mining activities." The revised handbook also clarifies instructions to show the "extent of daily travels" on the map to direct inspectors to show travel start and stop points, the inspector's initials, and date of inspection. The ITS has been streamlined to avoid duplication with the tracking map documentation. Line diagrams will no longer be accepted for tracking purposes.
• Defining activities that ROE inspector trainees may perform in a mine before they receive their AR credentials.

The revised inspection handbook is designed to allow inspectors to more effectively conduct regular inspections consistent with the Mine Act.

The handbook was revised by December 31, 2012 with final approval on January 29, 2013. The revised handbook is scheduled to go into effect by April 2013 once the appropriate training has been conducted.

The Administrator for Coal should collaborate with the Director of PEIR to revise the General Coal Mine Inspection Procedures and Inspection Tracking System Handbook to:

• Include procedures for inspectors to use the Inspectors' Portable Application for Laptops (IPAL) to upload air sample collection data.
• Define when inspectors are to collect TL air samples, consistent with guidance in the Coal Mine Safety and Health Supervisor's Handbook. In addition, guidance should address sample collection timing with respect to coal production and major air changes.
• Define situations where more precise methods are to be used for measuring air velocity and provide instruction on how to take them.
• Include checks for compliance with 30 CFR 75.400 and 75.403 in the listing of inspection activities that can be conducted during section 103(i) spot inspections at mines selected for such inspections due to excessive methane liberation, methane hazards, or ignitions.
• Direct inspectors to review each item on the Mine Information Form for completeness and accuracy during a regular inspection. This should include instructions for when and how to update the form.

Following up on the Assistant Secretary's July 21, 2010 directive regarding the evaluation of enforcement policies and procedures used by inspectors in their inspection activities, Coal, in collaboration with PEIR revised the Coal Mine Safety and Health General Inspection Procedures Handbook to:

• Include procedures for inspectors to use IPAL to upload air sample collection data.
• Define when inspectors are to collect total methane liberation (TL) air samples, consistent with the guidance in the Coal Mine Safety and Health Supervisor's Handbook. In addition, guidance addresses sample collection timing with respect to coal production and major air changes.
• Define situations where more precise methods are to be used for measuring air velocity and providing instruction on how to take these measurements.
• Include checks for compliance with 30 CFR 75.400 and 75.403 in the listing of inspection activities that can be conducted during section 103(i) spot inspections at mines selected for such inspections due to excessive methane liberation, methane hazards, or ignitions.
• Direct inspectors to review each item on the Mine Information Form for completeness and accuracy during a regular inspection. The handbook also includes instructions on when and how to update the form.

PEIR also revised the IPAL User's Manual to include procedures for inspectors to upload air sample collection data into IPAL and instructions on filling out MSHA Form 2000-43, Mine Atmosphere Sample Record.

The handbook was revised by December 31, 2012 with final approval on January 29, 2013. The revised handbook is scheduled to go into effect by April 2013 once the appropriate training has been conducted.

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.