Ohio Admin. Code 1501:14-2-05 - Mine safety inspections of surface mining operations that are inspected by MSHA
This rule applies to surface mining operations that are inspected by MSHA.
(A)
(1) If a surface mining operation is
inspected by MSHA, the chief shall
will conduct inspections of the operation only
under the following circumstances:
(a) The
operation is identified through a safety performance evaluation conducted under
paragraph (B) of section
1514.41 or section
1514.45 of the Revised Code or
rule 1501:14-2-03 of the
Administrative Code as having three or more violations per day;
(b) A fatality of a miner or a
life-threatening injury of a miner occurs at a surface mining operation as a
result of an unsafe condition or a practice at the operation, as determined by
the chief under division (C) or (D) of section
1514.41 of the Revised Code and
paragraphs (C) and (D) of rule
1501:14-2-04 of the
Administrative Code; or
(c) The
chief determines, pursuant to paragraph (B)(3) of this rule, that the operator
has failed to comply with a safety standard that was being violated and the
chief, at his or her discretion and based on the severity of the violation or
other safety factors, conducts additional mine safety inspections pursuant to
paragraph (B)(3)(b) of this rule.
(2) If, pursuant to paragraphs (A)(1) of this
rule, the chief conducts a mine safety inspection of a surface mining operation
that is also inspected by MSHA, the chief shall
will enforce the
safety standards established and incorporated by reference in Chapter 1514. of
the Revised Code and these rules but shall
only review the mine safety training plan required under 30 C.F.R. part 46
insofar as to ensure that the operation has such a training plan.
(B)
(1) Except as otherwise provided in section
1514.44 of the Revised Code and
paragraph (G) of this rule or pursuant to a safety audit conducted under
section 1514.42 of the Revised Code, if,
during a mine safety inspection, the chief finds a violation of a safety
standard, the chief shall, in writing,
require
will write a violation that
directs the operator to comply with the standard that is being violated
within a reasonable period of time.
(2) If the chief finds a violation of a
safety standard, the chief shall
will return to the surface mining operation after
a reasonable period of time only to determine if the operator has complied with
the standard that was being violated.
(3) If the chief determines, under paragraph
(B)(2) of this rule, that the operator has failed to comply with the standard
that was being violated:
(a) The chief
shall
will
take appropriate action, if necessary, in the form of an order of the chief to
obtain compliance; and
(b) The
chief may, at his or her discretion and based on the severity of the violation
or other safety factors, conduct additional mine safety inspections of the
entire surface mining operation pursuant to this rule.
(C) Except as otherwise provided
in section 1514.44 of the Revised Code and
paragraph (G) of this rule or pursuant to a safety audit conducted under
section 1514.42 of the Revised Code,
after completion of a mine safety inspection of a surface mining operation, the
chief shall
will prepare a report that:
(1) Describes the general conditions of the
surface mining operation;
(2) Lists
any hazardous conditions at the operation;
(3) Lists any violations of the safety
standards established or incorporated by reference in these rules;
and
(4) Describes the nature and
extent of any hazardous condition or violation found, the corresponding remedy
for each hazardous condition or violation, and a reasonable period of time to
remedy the hazardous condition or to comply with the safety standard that is
being violated.
(D) The
chief shall
will provide two copies of the report prepared under
paragraph (C) of this rule to the operator. The operator
shall
is to
post one copy of the report at the operation for review by the employees of the
operation.
(E)
(1) Except as otherwise provided in section
1514.44 of the Revised Code and
paragraph (G) of this rule or pursuant to a safety audit conducted under
section 1514.42 of the Revised Code, not
later than ten days after receipt of a report under paragraph (D) of this rule,
the operator may submit a written request to the chief for a meeting with the
chief to review the findings contained in the report.
(2) Upon receipt of a request, the chief
shall
will
review the report and schedule a meeting with the operator. Within a reasonable
period of time after the meeting, the chief shall
will make a
written determination concerning the findings contained in the report and
provide one copy of the determination to the operator of the surface mining
operation and one copy of the determination to an authorized representative of
the miners at the operation. If the chief makes a determination that affirms
the findings contained in the report, the chief's determination constitutes an
order of the chief for purposes of Chapter 1514. of the Revised Code and these
rules.
(F)
An
Before an
operator shall not
may appeal the contents of a report prepared under
paragraph (C) of this rule to the reclamation commission,
without first
submitting
the operator is to first
submit a written request for a review by the chief as provided in
paragraph (E)(1) of this rule. If, upon review of the findings in the report,
the chief makes a determination that affirms the findings in the report, then
the operator may appeal this determination to the reclamation commission in
accordance with section
1514.09 of the Revised Code. The
filing of a notice of appeal to the reclamation commission does not operate as
a stay of any order, determination, or decision of the chief.
(G)
(1) If,
during a mine safety inspection conducted under section
1514.41 of the Revised Code or
this rule or during a safety audit conducted under section
1514.42 of the Revised Code, the
chief finds a condition or practice at an operation that could reasonably be
expected to cause the death of or imminent serious physical harm to an employee
of the operation, the chief immediately shall
will issue
orders to:
(a) Safeguard the
employees;
(b) Notify the operator
of the condition or practice; and
(c) Require the operator to abate the
condition or practice within a reasonable period of time.
(2) In all situations under paragraph (G)(1)
of this rule, the chief may require
direct the operation to cease in the area in which the
condition or practice is occurring or may require
direct the
entire operation to cease, if necessary, until the condition or practice that
could reasonably be expected to cause death or serious physical harm is
eliminated.
(H)
(1) The chief shall
will complete a
report that describes:
(a) The condition or
practice found under paragraph (G) of this rule;
(b) The action taken to abate the condition
or practice, if applicable pursuant to paragraph (G)(1)(c) of this rule, or to
eliminate the condition or practice, if applicable pursuant to paragraph (G)(2)
of this rule; and
(c) The period of
time that was given to abate or eliminate the condition or practice, as
applicable.
(2) The
chief shall
will provide two copies of the report to the operator.
The operator shall
is to post one copy of the report at the operation for
review by the employees of the operation.
(I) No operator shall violate or fail to
comply with an order issued pursuant to this rule.
Notes
Promulgated Under: 119.03
Statutory Authority: 1514.40, 1514.43
Rule Amplifies: 1514.09, 1514.40, 1514.41, 1514.42, 1514.43, 1514.44, 1514.45
Prior Effective Dates: 09/17/2010
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This rule applies to surface mining operations that are inspected by MSHA.
(A)
(1) If a surface mining operation is inspected by MSHA, the chief shall will conduct inspections of the operation only under the following circumstances:
(a) The operation is identified through a safety performance evaluation conducted under paragraph (B) of section 1514.41 or section 1514.45 of the Revised Code or rule 1501:14-2-03 of the Administrative Code as having three or more violations per day;
(b) A fatality of a miner or a life-threatening injury of a miner occurs at a surface mining operation as a result of an unsafe condition or a practice at the operation, as determined by the chief under division (C) or (D) of section 1514.41 of the Revised Code and paragraphs (C) and (D) of rule 1501:14-2-04 of the Administrative Code; or
(c) The chief determines, pursuant to paragraph (B)(3) of this rule, that the operator has failed to comply with a safety standard that was being violated and the chief, at his or her discretion and based on the severity of the violation or other safety factors, conducts additional mine safety inspections pursuant to paragraph (B)(3)(b) of this rule.
(2) If, pursuant to paragraphs (A)(1) of this rule, the chief conducts a mine safety inspection of a surface mining operation that is also inspected by MSHA, the chief shall will enforce the safety standards established and incorporated by reference in Chapter 1514. of the Revised Code and these rules but shall only review the mine safety training plan required under 30 C.F.R. part 46 insofar as to ensure that the operation has such a training plan.
(B)
(1) Except as otherwise provided in section 1514.44 of the Revised Code and paragraph (G) of this rule or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, if, during a mine safety inspection, the chief finds a violation of a safety standard, the chief shall, in writing, require will write a violation that directs the operator to comply with the standard that is being violated within a reasonable period of time.
(2) If the chief finds a violation of a safety standard, the chief shall will return to the surface mining operation after a reasonable period of time only to determine if the operator has complied with the standard that was being violated.
(3) If the chief determines, under paragraph (B)(2) of this rule, that the operator has failed to comply with the standard that was being violated:
(a) The chief shall will take appropriate action, if necessary, in the form of an order of the chief to obtain compliance; and
(b) The chief may, at his or her discretion and based on the severity of the violation or other safety factors, conduct additional mine safety inspections of the entire surface mining operation pursuant to this rule.
(C) Except as otherwise provided in section 1514.44 of the Revised Code and paragraph (G) of this rule or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, after completion of a mine safety inspection of a surface mining operation, the chief shall will prepare a report that:
(1) Describes the general conditions of the surface mining operation;
(2) Lists any hazardous conditions at the operation;
(3) Lists any violations of the safety standards established or incorporated by reference in these rules; and
(4) Describes the nature and extent of any hazardous condition or violation found, the corresponding remedy for each hazardous condition or violation, and a reasonable period of time to remedy the hazardous condition or to comply with the safety standard that is being violated.
(D) The chief shall will provide two copies of the report prepared under paragraph (C) of this rule to the operator. The operator shall is to post one copy of the report at the operation for review by the employees of the operation.
(E)
(1) Except as otherwise provided in section 1514.44 of the Revised Code and paragraph (G) of this rule or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, not later than ten days after receipt of a report under paragraph (D) of this rule, the operator may submit a written request to the chief for a meeting with the chief to review the findings contained in the report.
(2) Upon receipt of a request, the chief shall will review the report and schedule a meeting with the operator. Within a reasonable period of time after the meeting, the chief shall will make a written determination concerning the findings contained in the report and provide one copy of the determination to the operator of the surface mining operation and one copy of the determination to an authorized representative of the miners at the operation. If the chief makes a determination that affirms the findings contained in the report, the chief's determination constitutes an order of the chief for purposes of Chapter 1514. of the Revised Code and these rules.
(F) An Before an operator shall not may appeal the contents of a report prepared under paragraph (C) of this rule to the reclamation commission, without first submitting the operator is to first submit a written request for a review by the chief as provided in paragraph (E)(1) of this rule. If, upon review of the findings in the report, the chief makes a determination that affirms the findings in the report, then the operator may appeal this determination to the reclamation commission in accordance with section 1514.09 of the Revised Code. The filing of a notice of appeal to the reclamation commission does not operate as a stay of any order, determination, or decision of the chief.
(G)
(1) If, during a mine safety inspection conducted under section 1514.41 of the Revised Code or this rule or during a safety audit conducted under section 1514.42 of the Revised Code, the chief finds a condition or practice at an operation that could reasonably be expected to cause the death of or imminent serious physical harm to an employee of the operation, the chief immediately shall will issue orders to:
(a) Safeguard the employees;
(b) Notify the operator of the condition or practice; and
(c) Require the operator to abate the condition or practice within a reasonable period of time.
(2) In all situations under paragraph (G)(1) of this rule, the chief may require direct the operation to cease in the area in which the condition or practice is occurring or may require direct the entire operation to cease, if necessary, until the condition or practice that could reasonably be expected to cause death or serious physical harm is eliminated.
(H)
(1) The chief shall will complete a report that describes:
(a) The condition or practice found under paragraph (G) of this rule;
(b) The action taken to abate the condition or practice, if applicable pursuant to paragraph (G)(1)(c) of this rule, or to eliminate the condition or practice, if applicable pursuant to paragraph (G)(2) of this rule; and
(c) The period of time that was given to abate or eliminate the condition or practice, as applicable.
(2) The chief shall will provide two copies of the report to the operator. The operator shall is to post one copy of the report at the operation for review by the employees of the operation.
(I) No operator shall violate or fail to comply with an order issued pursuant to this rule.
Notes
Promulgated Under: 119.03
Statutory Authority: 1514.40, 1514.43
Rule Amplifies: 1514.09, 1514.40, 1514.41, 1514.42, 1514.43, 1514.44, 1514.45
Prior Effective Dates: 09/17/2010