DEPARTMENT OF ENVIRONMENTAL PROTECTION Bureau of Mining Programs

Transcription

1 DEPARTMENT OF ENVIRONMENTAL PROTECTION Bureau of Mining Programs DOCUMENT NUMBER: TITLE: Surface Mine Accident Investigations EFFECTIVE DATE: March 15, 2014 AUTHORITY: POLICY: PURPOSE: APPLICABILITY: DISCLAIMER: Surface Mining Conservation and Reclamation Act Noncoal Surface Mining Conservation and Reclamation Act Coal Refuse Disposal Control Act Pa. Code, Chapter 209a Department of Environmental Protection (DEP) personnel will assist the Mine Safety and Health Administration (MSHA) to investigate accidents that cause serious injuries or death. DEP personnel may investigate incidents that occur on surface mine sites that had the potential to cause bodily injury to determine the cause of and analyze the circumstances leading up to the incident. Investigations of these incidents will be conducted as a proactive measure to prevent the future occurrence of accidents that cause serious injury or death. The purpose of this guidance is to outline a standard operating procedure for DEP s role in investigating accidents which cause serious injury or death, and in investigating incidents that had the potential to cause bodily injury on surface mine sites. This guidance will be used by DEP personnel to define their roles in the investigation of accidents that cause serious injuries or death and incidents that occur on surface mine sites that had the potential to cause bodily injury or death. The policies and procedures outlined in this guidance document are intended to supplement existing requirements. Nothing in the policies or procedures shall affect regulatory requirements. The policies and procedures herein are not an adjudication or a regulation. There is no intent on the part of DEP to give these rules policies that weight or deference. This document establishes the framework within which DEP will exercise its administrative discretion in the future. DEP reserves the discretion to deviate from this policy statement if circumstances warrant. PAGE LENGTH: 5 pages / March 15, 2014 / Page i

2 BACKGROUND The Bureau of District Mining Operations (BDMO) administers both safety and environmental laws regulating surface mining operations throughout the Commonwealth. Coal and noncoal operations are inspected on a regular basis for compliance with appropriate regulations. Senior DEP Management has directed that all routine environmental inspections will have an element of safety included. An inspector will attempt to discuss a component of safety with mine site employees whenever appropriate during routine inspections. Throughout the history of mining in Pennsylvania, occupational injuries have occurred on Pennsylvania s surface mining sites. It is the responsibility of the District Mining Manager to disseminate relevant information in order to minimize the probability of the same type of accident from recurring. DEP and MSHA signed a Memorandum of Understanding (MOU) to promote and protect the health and safety of Pennsylvania surface and underground miners. The goal of the MOU is to reduce miner fatalities and accidents, and statutory and regulatory violations that may result in such fatalities and accidents. In order to reach this goal, the MOU outlines a procedure to ensure reciprocal notification of any accidents in Pennsylvania s mine fields, to jointly and cooperatively investigate all reportable accidents, to share information, and to continue to work cooperatively. I. DEFINITIONS A. Reportable Accident 1. Unless the context clearly indicates otherwise, as used in 209a.42 and Title 30 Code of Federal Regulations 50.2 (h) (Mineral Resources), a reportable accident is an incident that results in one or more of the following: (d) (e) (f) (g) (h) A death of an individual at a mine. Serious bodily injury to an individual at a mine or an injury to an individual at a mine which has a reasonable potential to cause death. An entrapment of an individual for more than 30 minutes or which has a reasonable potential to cause death. An unplanned inundation of a mine by a liquid or gas. An unplanned ignition or explosion of gas or dust. An unplanned mine fire not extinguished within 30 minutes of discovery. An unplanned ignition or explosion of a blasting agent or an explosive. A failure of an impoundment, refuse pile or culm bank; or an unstable condition at an impoundment, refuse pile or culm bank which requires emergency action to prevent failure, or which causes individuals to evacuate an area / March 15, 2014 / Page 1

3 (i) (j) A coal or rock outburst that causes withdrawal of miners or which disrupts regular mining activity for more than 1 hour. An event at a mine which causes death or bodily injury to an individual not at the mine at the time the event occurs. 2. If an accident occurs, an operator shall contact DEP s district mining office with jurisdiction for the mine within 1 hour of discovery of the accident. If an operator cannot make contact with the appropriate district mining office, it shall contact DEP s 24 hour emergency number within 1 hour of the accident. 3. The operator of a mine at which an accident occurs shall mail copies of the completed MSHA accident reporting form (7000-1) to DEP s district mining office with jurisdiction for the mine. This form shall be mailed to DEP within 10 working days after the accident occurs. B. Non-Reportable Accident 1. An incident at a mine site that is not reportable as defined in I(A) above but either caused minor injury or had the potential to cause injury. II. PROCEDURE A. Notification 1. A surface mine operator should notify the District Mining Office (DMO) within one hour of a reportable accident occurring. The mine operator should provide the following information to the DMO: (d) (e) (f) (g) name of person reporting the accident; mine name and permit number; township and county in which mine is located; phone number of company contact; nature of accident; number of fatalities and type of injuries; and any related information / March 15, 2014 / Page 2

4 2. The receiver of the reportable accident notification should then immediately contact the District Mining Manager (DMM). If the DMM is not available, the receiver should contact DMO personnel in the following order: Compliance Manager; Inspector Supervisor; Inspector for District. 3. The District Mining Manager (DMM) should be briefed at the first opportunity by the Inspector Supervisor. The DMM should brief the Director of District Mining Operations within 24 hours of notification. B. Reportable Accident Investigation After notification of a reportable accident by the operator, the DMM or designee may appoint an accident investigation team to assist and work in cooperation with the MSHA investigative team. The DMO investigative team should normally consist of the Inspector Supervisor and the Surface Mine Conservation Inspector for the area. Any other person who has knowledge of equipment use, operation, maintenance, mine site management, mine safety, or blasting may be assigned as additional staff to the investigation team by the DMM. The enlistment of technical expertise from adjacent districts or the Bureau of Mining Programs (BMP) is encouraged when necessary. The lead investigator for the MSHA investigation team will typically be in charge of the investigation. DMO personnel should provide any necessary assistance to ensure that the investigation proceeds in an efficient and expeditious manner. The primary responsibilities of initially responding DMO personnel are to: Provide assistance/expertise on site conditions and first aid if appropriate. Provide the operator with information about securing the scene and reporting the accident/incident to federal and state agencies. Gathering information about accident/incident. The Accident/Incident Investigation Form (5600-FM-BMP0158) is to be completed by the DMO staff. It will serve as a supplement to the MSHA investigation forms to be provided to MSHA and DEP by the permittee and the MSHA final investigation report. The Accident/Incident Investigation Form is to be submitted through the DMM to the Director of BMP with a copy to the Director of DMO. The Director of BMP will, where appropriate, distribute relevant information to DMO Inspector Supervisors for dissemination via Surface Mine Conservation Inspectors (SMCIs) to surface mine foreman to minimize future safety problems. Information provided to the Director of BMP may be used to develop a summary for publication in DEP s Annual Report on Mining Activities / March 15, 2014 / Page 3

5 C. Outreach for Fatal Accident Reporting DMO personnel may provide informational posters that describe the notification to surface mine permittees during the permit issuance for new sites. III. NON-REPORTABLE ACCIDENT PROCEDURE Accidents that do not meet the requirements of a reportable accident as defined in Section I above are considered non-reportable accidents. The surface mining operator is not required to report these accidents to the DEP. The district mining staff may evaluate non-reportable accidents to determine if an investigation is warranted if the investigation has the potential to provide beneficial information to aid in the prevention of future accidents. The SMCI notifies his or her immediate supervisor when they become aware of a non-reportable accident on a mine site. The inspector and the supervisor decide whether further investigation would beneficially promote safety or prevent future accidents. If they determine the incident is important to investigate, the supervisor would present their recommendation to the DMM/CM. The DMM/CM would determine whether or not to conduct an investigation, to what degree, and who may further investigate the incident. Upon completing the investigation, the designated investigation team should, at a minimum, complete the Accident/Incident Investigation Form. The Accident/Incident Investigation Form (5600-FM-BMP0158) should be submitted through the DMM to the Director of the Bureau of Mining Programs with a copy to the Director of District Mining Operations. The Director of BMP may distribute appropriate information to DMO Inspector Supervisors for dissemination via SMCIs to surface mine foremen to minimize future safety problems / March 15, 2014 / Page 4