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MSHA Newsletter 8/4/23

MSHA Impact Inspections

The monthly Impact inspections for June were released this week. 18 locations made the list with 11 of them being coal mines. Among the 242 violations, 71 were found as S&S and found four unwarrantable failure orders.


Some of the Unwarrantable failure orders for safety defects found on haul equipment, including defective emergency steering, damaged tires, significant oil leaks and a defective back up alarm. Inspectors learned several of these items were recorded and reported to the mine’s management for days on pre-operational examinations.


“The Mine Safety and Health Administration remains troubled by the fact that our impact inspections continue to discover the same hazards we’ve identified as root causes for fatal accidents and that we know can cause serious occupational illnesses,”

Assistant Secretary for Mine Safety and Health Chris Williamson


MSHA's Jurisdiction Expands


The DC Court of Appeals decided 2-1 that MSHA’s jurisdiction applies to sites beyond the mines.


In a 2-1 decision, DC Circuit Court of Appeals finds that MSHA can pursue enforcement beyond the mine site. The court found that KC Transports, ad hoc maintenance area is considered enforceable mine area under 30 § 802(h)(1)(C).

"…or other property… used in, or to be used in, or resulting from, the work of extracting such minerals” 30 § 802(h)(1)(C)

In the finer details, KC Transport was issued two citations from performing maintenance on mobile equipment without proper blocking. The land itself was owned by the mine operator, Ramaco Resources which allowed KC Transport to use the parking area as a maintenance facility with the appropriate commercial insurance. An estimated 60% of the “facility’s” services support Ramaco five nearby mines. Most importantly, the only access to the maintenance area is by advancing through a non-operational gate that branches off the haulage road and is within 1,000 feet of the haulage road.


MSHA’s Potential Budget

Senate Bill would leave safety agencies' budgets virtually flat

The Senate appropriations committee approved a bill that would leave funding levels for MSHA and OSHA nearly unchanged. However, the House of Representatives proposed a 16.2% cut to MSHA. The two bills differ by a wide margin.


8 Slides on MSHA's Impact inspections for H1 2023



Impact Inspection Post
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Download PDF • 425KB





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