As part of its overall effort to improve safety in the use of mining equipment, MSHA published a request for information (RFI) on June 26, 2018, entitled Safety Improvement Technologies for Mobile Equipment at Surface Mines, and for Belt Conveyors at Surface and Underground Mines (83 FR 29716). The RFI focused on technologies for reducing accidents involving mobile equipment at surface mines and surface areas of underground mines and belt conveyors at surface and underground mines. The RFI requested information on what types of engineering controls are available, how to implement engineering controls, and how these controls could be used on mobile equipment and belt conveyors to reduce accidents, fatalities, and injuries. MSHA sought information on technologies, controls, and training that provide additional protection from accidents related to mobile equipment operation and working near or around belt conveyors.
To encourage additional public participation, the Agency held six stakeholder meetings and one webinar in August and September 2018. The meetings were held in Birmingham, Alabama; Dallas, Texas; Reno, Nevada; Beckley, West Virginia; Albany, New York; and Arlington, Virginia.
Commenters responding to the RFI supported MSHA’s focused efforts to improve miner safety related to the operation of mobile equipment at surface mines and in surface areas of underground mines. Some emphasized the use of technologies to achieve this goal, such as the use of new technologies and the use of current technologies ( e.g., collision avoidance systems, collision warning systems, and seat belt warning signals used in automobiles). Others supported the importance of non-technological interventions, such as safety programs, to bring about behavioral and cultural changes. Commenters differed in how technological and non-technological interventions should be implemented. Some commenters noted that the application of engineering controls or technologies needs further review by MSHA and the National Institute for Occupational Safety and Health (NIOSH) before any regulatory changes are made. Other commenters suggested that the use of new technologies has the best outcomes when mine operators and their employees partner with other stakeholders such as NIOSH and equipment manufacturers.
In addition, one commenter underscored the importance of safety culture at a workplace. This commenter observed that mine operators who develop and implement safety programs do so with the goal of preventing injuries, fatalities, and the suffering these accidents cause miners, their families, and their communities. The commenter noted that for these mine operators, preventing harm to their miners is more than just compliance with safety requirements; it reflects a culture of safety. According to the commenter, this culture of safety derives from a commitment to a systematic, effective, and comprehensive approach to safety management at mines with the full participation of miners.
On September 9, 2021, MSHA published the proposed rule, Safety Program for Surface Mobile Equipment (86 FR 50496). In addition to information gathered from stakeholders who commented on the RFI, MSHA based the proposed rule on best practices and guidance on workplace safety programs.[7] The comment period closed on November 8, 2021. On December 20, 2021, in response to a public request, MSHA reopened the rulemaking record for additional comments, and the Agency held a virtual public hearing on the proposed rule on January 11, 2022 (86 FR 71860). The comment period closed on February 11, 2022.
MSHA’s proposed rule addresses hazards related to surface mobile equipment (except belt conveyors) used at surface mines and surface areas of underground mines. Surface mobile equipment in the proposed rule refers to wheeled, skid-mounted, track-mounted, or rail mounted equipment capable of moving or being moved and any powered equipment that transports people, equipment, or materials, excluding belt conveyors, at surface mines and surface areas of underground mines. Examples of this equipment include bulldozers, front-end loaders, skid steers, excavators, draglines, graders, and haul trucks.
The proposed rule would require a written safety program for operators employing six or more miners. The proposed written safety program would list actions that mine operators would take to identify hazards and reduce risks, develop equipment maintenance and repair schedules, evaluate technologies, and train miners. The proposal would provide mine operators with the flexibility to tailor the written safety program to meet the needs of their operations and unique mining conditions. Under the proposal, mine operators would be required to evaluate and update the written safety program whenever necessary to appropriately manage safety risks associated with their surface mobile equipment.
MSHA received comments on the proposed rule from miners, safety associations, mining associations, mining companies, manufacturers, labor unions, and trade associations. (Public comments and supporting documentation submitted were posted on MSHA’s website and at www.regulations.gov, along with the transcript from the public hearing.) Commenters supported MSHA’s efforts to ensure the safety of all miners from powered haulage accidents. After considering the comments, for the reasons discussed further below, MSHA is adopting the proposed rule with modifications. MSHA has addressed comments more fully in the next section, Section II, Section-by-Section Analysis, of this preamble.
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