April 28, 2022

MSHA Begins New Enhanced Enforcement Program in Coal and Metal/Nonmetal

Husch Blackwell LLP

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On April 4, 2022, MSHA began a new enhanced enforcement program. Due to the number of fatalities around the country, all citations written under the following standards will be considered and reviewed for a special assessment (increased penalty):

30 CFR 46.7	New Task Training (with an emphasis on whether supervisors have the appropriate task training)
30 CFR 77.1607 (a) and (b)	Loading and haulage equipment; operation.
30 CFR 56/57.9101	Operating speeds and control of equipment
30 CFR 56/57.14131	Seat belts for surface haulage trucks
30 CFR 56/57.14207	Parking procedures for unattended equipment
30 CFR 56/57/14100(a)	Inspection of mobile equipment
30 CFR 77.1606(a)	Inspection of mobile equipment
30 CFR 77.1605(b)	Mobile equipment: brakes
30 CFR 56/57.14101(a)(3)	Brakes
30 CFR 46.11	Site-specific hazard awareness training

At the time of publishing this blog post, there is no information on this enhanced enforcement program on the MSHA website.

Operators should continue to audit compliance with the above-mentioned standards, which would include an audit of training paperwork. Mine operators should also continue re-training or offering refresher training on these standards in line-out meetings or other meetings where appropriate.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.