Industry Focus
Oh, those pesky forms
Industry attorney Pamela Tarr of Jackson Kelly gives some tips on completing
and retaining federal documents.
A
ccording to the US Mine Safety and
Health Administration, the total
number of citations and orders
issued to coal mines has increased
a staggering 84% between 2000 and 2008.
Coal operators are actively looking for ways to
reduce their exposure to administrative, civil
and criminal penalties.
One of the best methods available to avoid
legal entanglements is also the easiest: exercise
due diligence in filling out MSHA-required
forms. Below are some examples in light of the
specific legal questions they raise.
MSHA Form 5000-23, or the Certificate
of Training Form, is a “one size fits all” form
intended to verify many different types of
training. The majority of the training recorded
on Form 5000-23 (such as hazard training) is
completed in one day.
However, in the case of new task training,
the form can be used to record training on as
many as eight new tasks. Rarely, if ever, will an
employee complete task training on more than
one or two pieces of mining equipment in a
single day.
Nevertheless, Form 5000-23 provides only
one signature line for the trainer and the trainee
to verify that training on each new task has
occurred.
Consequently, when filling out Form 5000-23,
it is important to record in the body of the
form the date on which training for each task
was provided, the specific new task on which
training was received, and the initials of the
trainer and trainee (in each individual’s own
handwriting) for each item of task training.
The trainer should have actual experience
operating the piece of equipment on which
training is being provided. Following these
rules should eliminate post-accident claims
that an employee was never task trained or that
the task training provided was insufficient.
A completed pre-shift/on-shift report
corroborates that thorough examinations of
the section have been conducted by the section
foreman and any hazards noted and corrected.
At the beginning of each shift, the section
foreman typically conducts a safety meeting
with the crew. During the meeting, the foreman
will review a portion of the roof control plan
or discuss specific safety hazards, such as pinch
points.
The subject of each safety meeting should
be recorded on the pre-shift/on-shift reports
to preclude post-accident claims that particular
safety issues were never discussed. Written
observations about hazardous conditions on
pre-shift/on-shift reports should never be
altered.
If a supervisor or the next section foreman
disagrees with the comments about safety
conditions, the incoming foreman should note
any points of disagreement in writing directly
below the comments of the previous foreman,
thereby preventing claims that valuable evidence
relating to safety was destroyed.
To avoid legal entanglements, keep these
simple rules in mind when filling out MSHArequired forms:
•Read the form carefully and completely
before beginning to write.
•Do not leave blank portions of the form
that are relevant and require a response.
• Verify the accuracy of the information you
are providing to MSHA before submitting
the form.
• Be sure that every form submitted to MSHA
has been reviewed, approved and signed by a
knowledgeable, responsible individual.
• In the case of an accident or ongoing
investigation, understand it may be necessary
to keep copies of MSHA-required forms
longer than MSHA or the company record
retention policy requires. Such forms should
be kept until the investigation is complete, or
the applicable statute of limitations has run.
Jackson Kelly’s Pamela Tarr.
Pamela Dawn Tarr is a member of Jackson Kelly
PLLC, where her practice focuses primarily on the
representation of defendants in trial and appellate
litigation in both state and federal courts with emphases
on personal injury (deliberate intent cases and industrial
accidents), product liability, class action, mass torts and
other complex litigation. Tarr also chairs the firm’s
30-member Deliberate Intent practice group, which
focuses on the defense of claims resulting from
occupational injuries. She completed an 80-hour
underground mining apprentice course, earning her
apprentice miner’s card from the West Virginia Office
of Miners’ Health, Safety and Training in 2009.
Diamond technology
IS there a solution to drilling hole after hole
into tough roof without stopping for constant
bit replacements? Diamond technology may be
the answer, says Brady Mining.
Brady Mining introduced first-generation
diamond drill bits to the mining industry some
years ago. US Synthetic, a supplier of diamond
technology used in oil and gas exploration,
acquired the company and began developing
Brady bits in 2008.
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Today, Brady Mining is focused on increasing
the exposure of improved, next-generation
diamond technology to mines seeking help
with hard roof conditions.
“The goal in mining has always been to
produce the largest possible tonnage at the
lowest possible cost under the safest possible
conditions,” Brady Mining managing director
Russ Myers said.
“As the energy market continues to fluctuate
on a daily basis, this goal takes on even more
meaning. To meet ever-increasing production
demands, mine operators … simply cannot
afford to wait on roof-bolting crews using
outdated equipment and techniques while
continuous miners sit idle.”
Thanks to advancements in bit design and
diamond technology, the product – which is
available in nearly all sizes and attachments
and can be customised for specific applications
December 2009 I CoalUSA