Current through all regulations passed and filed through March 18, 2024
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 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 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 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 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
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 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 provide two copies of the
report prepared under paragraph (C) of this rule to the operator. The operator
shall 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 review the report and schedule a meeting with the operator. Within a
reasonable period of time after the meeting, the chief shall 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 the contents of a report prepared under paragraph (C) of this
rule to the reclamation commission without first submitting 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 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 the
operation to cease in the area in which the condition or practice is occurring
or may require 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 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 provide two
copies of the report to the operator. The operator shall 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.