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Letter to Assistant Secretary Joe Main on Rules to Live By, February 10, 2010

February 10, 2010

The Hon. Joseph A. Main
Assistant Secretary of Labor for Mine Safety and Health
Mine Safety and Health Administration
U.S. Department of Labor
Room 2322
1100 Wilson Boulevard
Arlington, VA  22209-3939

Dear Mr. Secretary:

The Mine Safety and Health Administration (MSHA) recently announced the launch of a new program, Rules to Live By, designed to reduce the number of fatalities in the mining industry of the United States.  The program “targets prevention of conditions that cause or contribute to fatal accidents in mining.”  The program has identified the most frequent standard violations that contributed to mining fatalities, and MSHA intends to increase enforcement relative to these standards.  The program appears to be in keeping with professional safety methodologies, and hopefully will focus inspections on true accident causation as opposed to other less meaningful issues.  However, the Industrial Minerals Association – North America (IMA-NA) is concerned that this program may not yield actual fatality reductions without an aggressive outreach and education program that views industry as a partner.

The educational component of the program for industry, as it is currently understood, consists of a January 27, 2010 meeting with representatives of industry and labor organizations, and upcoming February 11 and 12, 2010 meetings in Austin, TX and Charleston, WV, respectively, that are open to the industry at large.  In addition, materials will be posted on MSHA’s website at some undetermined future date.  In comparison, the educational component for MSHA inspectors consists of a monumental effort to train each inspector in the nation on the details of this new initiative within a 30-day period.  “Coal and MNM inspectors will be provided refresher training in the priority standards…online training will be conducted from February 15 to March 14, 2010.”  Further, “inspector resources will include online training, enforcement summaries, tip sheets, and automatic pop-up messages regarding the priority standards for the inspector laptop application.”  The training program and resources that inspectors will receive apparently is not available for the industry.

MSHA has stated that they will place “initial focus on stakeholder outreach, education and support to improve fatality prevention…followed by enhanced enforcement.”  Enhanced enforcement will begin in just a few weeks (March 15, 2010), and the industry is left to wonder when the outreach, education and support will be offered in a meaningful way.

This new program appears poised to deliver two possible, though divergent, outcomes.  One outcome considers industry as adversary and likely will lead to additional citations with little impact on overall fatalities.  The second outcome could produce a reduction in lives lost and the formation of meaningful partnerships with the industry.  The deciding factor in determining that outcome becomes a reality likely will be the effectiveness of MSHA’s outreach and education programs.

The first option, industry as adversary, is likely to have little impact on fatalities within the mining industry.  Such a program, that claims to engage and educate industry, but in reality makes minimal efforts toward such engagement with minimal web site postings and three in-person meetings that most companies will not be able to attend, is not in keeping with professional safety techniques.  It is unreasonable to expect that every mining company in America can send representatives to one of the two in-person educational programs being offered.  There are not even call-in numbers available for those who cannot attend in person, and indications are that only one of the sessions will be recorded for later viewing.  The availability of a video of this education program should be an agency priority.  Limited outreach programs not designed to benefit those who work in the industry, or to save lives, will accomplish the bare minimum so that inspectors can freely issue citations and claim that “fair warning” has been provided.
 
The second option, that we hope our colleagues at MSHA will embrace, is a vigorous and intentional effort to educate within a meaningful partnership.  Educational programs offered by MSHA should be numerous, and should take advantage of technological capabilities such as webcasts and viewable, downloadable, archived videos.  Trade association and labor organization partners can disseminate these programs to their members and other interested persons, leveraging the reach of MSHA’s educational outreach.  The emphasis of the educational sessions should focus not merely on the components of the new program, but should dig into the technical and behavioral details of the issues that MSHA has identified as being the major causes of fatalities.
 
MSHA has stated that “MSHA and the mining community must work together to end fatalities in mining.”  IMA-NA and its members stand ready to assist MSHA with improved outreach.  IMA-NA can host webinars, make room available for speaking opportunities at our upcoming 2010 Industrial Minerals Workshop and other IMA-NA sponsored events, and we are willing to host specific, multiple events at strategic locations across the country where MSHA can conduct true educational sessions for the benefit of those who work in the industry.  In fact, IMA-NA is making plans to conduct needed education ourselves for the benefit of our members on each of the technical issues identified by MSHA, but all involved would benefit by active participation from MSHA.

MSHA has stated that the new program seeks to “eliminate hazards with the most serious consequences.”  Some hazards cannot be eliminated; they only can be minimized and managed.  Education and partnership are the best methods to begin minimizing and managing these risks.  IMA-NA stands ready to assist MSHA with a program that has the potential to reap real reductions in fatalities within our great industry.

Mr. Secretary, IMA-NA and I look forward to working with you on this important initiative.

Respectfully yours.

Mark G. Ellis
President

cc: 
Gregory R. Wagner, Deputy Assistant Secretary for Policy
Michael A. Davis, Deputy Assistant Secretary for Operations
Neal H. Merrifield, Administrator for Metal and Nonmetal Mine Safety and Health
Jeffrey Duncan, Director, Educational Policy and Development
Linda Zeiler, Director, Technical Support