1219-AB91 202210 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1219 Mine Safety and Health Administration MSHA 1200 Department of Labor DOL Safety Program for Surface Mobile Equipment

MSHA would require mine operators to establish a written safety program for mobile equipment and powered haulage equipment (except belt conveyors) used at surface mines and surface areas of underground mines. Under this proposal, mine operators would be required to assess hazards and risks and identify actions to reduce accidents related to surface mobile equipment. The operators would have flexibility to develop and implement a safety program that would work best for their mining conditions and operations. This proposed rule would reduce fatal and nonfatal injuries involving surface mobile equipment used at mines and improve miner safety and health.

]]> Other Significant Previously Published in The Unified Agenda Final Rule Stage Yes No 30 CFR 56 30 CFR 57 30 CFR 77 30 U.S.C. 811 30 U.S.C. 813(h) 30 U.S.C. 957 Yes

Although mine accidents are declining, accidents involving mobile and powered haulage equipment are still a leading cause of fatalities in mining.  To reduce fatal and nonfatal injuries involving surface mobile equipment used at mines, MSHA is proposing a regulation that would require mine operators employing six or more miners to develop a written safety program for mobile and powered haulage equipment (excluding belt conveyors) at surface mines and surface areas of underground mines.  The written safety program would include actions mine operators would take to identify hazards and risks to reduce accidents, injuries, and fatalities related to surface mobile equipment.

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Sections 101(a), 103(h), and 508 of the Federal Mine Safety and Health Act of 1977 (Mine Act), as amended (30 U.S.C. 811(a), 813(h), and 957).

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MSHA considered requiring all mines, regardless of size, to develop and implement a written safety program for surface mobile equipment.  Based on the Agency’s experience, MSHA concluded that a mine operator with five or fewer miners would generally have a limited inventory of surface mobile equipment.  These operators would also have less complex mining operations, with fewer mobile equipment hazards that would necessitate a written safety program.  Thus, these mine operators are not required to have a written safety program, although MSHA would encourage operators with five or fewer miners to have safety programs.  MSHA will consider comments and suggestions received on alternatives or best practices that all mines might use to develop safety programs (whether written or not) for surface mobile equipment.

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The proposed rule would not be economically significant, and it would have some net benefits.

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Miners operating mobile and powered haulage equipment or working nearby face risks of workplace injuries, illnesses, or deaths.  The proposed rule would allow a flexible approach to reducing hazards and risks specific to each mine so that mine operators would be able to develop and implement safety programs that work for their operation, mining conditions, and miners. 

]]> Request for Information (RFI) 06/26/2018 83 FR 29716 Notice of Public Stakeholder Meetings 07/25/2018 83 FR 35157 Stakeholder Meeting--Birmingham, AL 08/07/2018 Stakeholder Meeting--Dallas, TX 08/09/2018 Stakeholder Meeting (Webinar)--Arlington, VA 08/16/2018 Stakeholder Meeting--Reno, NV 08/21/2018 Stakeholder Meeting--Beckley, WV 09/11/2018 Stakeholder Meeting--Albany, NY 09/20/2018 Stakeholder Meeting--Arlington, VA 09/25/2018 RFI Comment Period End 12/24/2018 NPRM 09/09/2021 86 FR 50496 NPRM Comment Period End 11/08/2021 NPRM Reopening of the Rulemaking Record for Public Comments 12/20/2021 86 FR 71860 Virtual Public Hearing 01/11/2022 NPRM Comment Period Extension End 02/11/2022 Final Rule 07/00/2023 No No None No No No No S. Aromie Noe Director, Office of Standards, Regulations, and Variances 1219 Mine Safety and Health Administration MSHA 202 693-9440 202 693-9441 201 12th Street S, Suite 401, Arlington VA 22202