Ohio Admin. Code 1501:14-2-10 - Mine safety inspections of surface mining operations that are not inspected by MSHA
This rule applies to surface mining operations that are not inspected by MSHA.
(A)
(1) If a surface mining operation is not
inspected by MSHA, the chief shall
will conduct mine safety inspections of the
operation as follows:
(a) A minimum of two
inspections annually; or
(b) If a
fatality 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) of section
1514.41 of the Revised Code and
paragraphs (B) and (C) of rule
1501:14-2-09 of the
Administrative Code, a minimum of one inspection every three months for two
years following the fatality; or
(c) If 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 (D) of
section 1514.41 of the Revised Code and
paragraphs (B) and (C) of rule
1501:14-2-09 of the
Administrative Code, a minimum of one inspection every three months for one
year following the life-threatening injury.
(2) The chief shall
will conduct
mine safety inspections to enforce the safety standards established and
incorporated by reference in Chapter 1514. of the Revised Code and these rules
and to review for compliance the mine safety training plan
required under
set
forth in 30 C.F.R. part 46.
(3) When the chief conducts a mine safety
inspection pursuant to paragraph (A)(1) of this rule, the operator
shall
is to ,
during the inspection, provide the chief, in writing, the name of the
organization identified as the authorized representative of the miners for the
operation, if applicable.
(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
will , in writing, require 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 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 in the form of an order of the chief to obtain
compliance if necessary; 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 operator shall not appeal
Before appealing 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
is to 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, 1514.43, 1514.44
Prior Effective Dates: 09/17/2010
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