Current through all regulations passed and filed through March 18, 2024
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 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
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 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, 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, 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 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 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 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.
Five Year Review (FYR) Dates:
06/07/2016 and
06/07/2021
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