OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

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COALEX STATE COMPARISON REPORT - 289

June 1994

Ms. Robin E. Brannon

Department of Mines, Minerals and Energy

9th Street Office Building, 8th Floor

Richmond, Virginia 23219

TOPIC: MINE RISK ASSESSMENT TO DETERMINE MINE INSPECTION

FREQUENCY

INQUIRY: Virginia Department of Mines, Minerals and Energy is beginning the process

of implementing a new mine safety law that was passed this year. The law calls for

DMME to develop a mine risk assessment tool that will be used to determine the

amount of risk present at a mine. Mines that are rated as having a higher degree of risk

will be inspected more frequently than mines determined to have a lower degree of risk.

DMME would like to build on knowledge gained from other states that may have already

undertaken a study of this area. Please survey IMCC member states using the attached

questionnaire and locate any relevant literature on this issue.

SEARCH RESULTS: Ten IMCC member states responded to the survey:

1. Alabama

2. Illinois

3. Indiana

4. Kentucky

5. Louisiana

6. Maryland

7. Oklahoma

8. Pennsylvania

9. Texas

10.West Virginia

Only Oklahoma and Pennsylvania indicated that they have mine risk assessment

programs. Oklahoma's program covers surface and underground coal mines and

surface mineral mines. Pennsylvania's program covers underground coal and mineral

mines. Contacts for both of these states are provided. Results of the survey are

provided below.

In addition to the survey, research was conducted using NEXIS and LEXIS. This

research produced articles from coal and related publications, and preambles to Mine

Safety and Health Administration notices published in the Federal Register regarding
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

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patterns of violations and criteria for assessment of civil penalties. While the articles and

Federal Register preambles do not specifically discuss mine risk assessment issues,

they do describe the mine safety factors that can be used to develop a mine risk

assessment tool. [See the list of attachments.]

QUESTIONNAIRE RESPONSES

1. Does your state presently assess the safety risks present at:

SURFACE

COAL

MINES

UNDERGROUND

COAL

MINES

SURFACE

MINERAL

MINES

UNDERGROUND

MINERAL

MINES

YES NO YES NO YES NO YES NO

OK AL

IL

IN

KY

LA

MD

TX

WV

OK

PA

TX*

* Only for

pits

within 200 ft.

of public

road

AL

IL

IN

KY

LA

MD

WV

OK AL

IL

IN

KY

LA

MD

TX

WV

PA AL

IL

IN

KY

LA

MD

TX

WV

2. Has your state ever assessed safety risks in the past at:

SURFACE

COAL

MINES

UNDERGROUND

COAL

MINES

SURFACE

MINERAL

MINES

UNDERGROUND

MINERAL

MINES

YES NO YES NO YES NO YES NO

OK AL 

IL 

IN 

KY 

LA 

MD

TX 

WV

OK 

PA

AL 

IL 

IN 

KY 

LA 

MD

WV

OK AL 

IL 

IN 

KY 

LA 

MD

TX 

WV

PA AL 

IL 

IN 

KY 

LA 

MD

TX 

WV
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

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QUESTIONS

RESPONSES

4. How successful

is/was the assessment

program in determining

ftikt h t

The Oklahoma program has been

very successful. The program

examines site conditions and

ftfthi

Very successful.

3. Does your state plan to conduct safety risk assessments in the future at:

SURFACE

COAL

MINES

UNDERGROUND

COAL

MINES

SURFACE

MINERAL

MINES

UNDERGROUND

MINERAL

MINES

YES NO YES NO YES NO YES NO

OK AL

IL

IN

KY

LA

MD

TX

WV

OK

PA

AL

IL

IN

KY

LA

MD

WV

OK AL

IL

IN

KY

LA

MD

TX

WV

PA AL

IL

IN

KY

LA

MD

TX

WV

RESPONSES OF THE STATES WITH RISK ASSESSMENT PROGRAMS

OKLAHOMA RESPONSES PENNSYLVANIA
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

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the results?

Do you have any

suggestions or

comments for other

states who are

implementing a mine

safety risk assessment

program?

No.

For additional information,

contact:

James Hamm, Director

OK Dept of Mines

4040 N. Lincoln, Suite 107

Oklahoma City, OK 73105

(405)521-3859

For further information,

contact:

Thomas J. Ward, Jr.,

Director

Bureau of Deep Mine

Safety

PA Dept of Environmental

Resources

Harrisburg, Pa 17105

(717)787-1376

ADDITIONAL COMMENTS

KENTUCKY

Kentucky does not have a risk assessment program to determine which mines require

more frequent inspections. It does have a program, instituted by the state legislature, to

create a safer work environment at mines. This state safety analysis program provides

training and education at mine sites. When an inspector identifies a potential problem at

a mine, the inspector can request that a job safety analyst be sent to the mine. The

potential problem areas or jobs are analyzed and appropriate training and information

are provided. The job analysts have the same powers as inspectors, but these powers

are secondary to their training and education responsibilities.

WEST VIRGINIA

Safety risks are assessed during inspections and appropriate enforcement action is

taken. West Virginia mining law requires a specific number of inspections per mine on

an annual basis. There are no recognized statutorily structured guidelines which allow

flexibility. Additional inspections may be made at particular mine sites over the required

minimum number of inspections, as needed.

ATTACHMENTS

A. PUBLICATIONS

1. "Virginia changes mine inspection routines", COAL OUTLOOK (March 28,

1994).

2. "MSHA won't appeal dust ruling", COAL OUTLOOK (February 14, 1994).

3. "Mine safety and health enforcement in 1994", COAL (January, 1994).

4. West Virginia, federal mine agencies launch joint safety program; West

Virginia Division of Energy; Mining Safety and Health Association", E-MJ -

ENGINEERING & MINING JOURNAL (February, 1991).

5. "Prepare for pattern of violations", COAL (December, 1990).
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

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6. "Dangerous mines pay higher fines", E-MJ - ENGINEERING & MINING

JOURNAL (October, 1990).

7. "Goal is to eliminate mine fatalities within 10 years", COAL (August, 1990).

8. MSHA suspends rule, now considers operator history in violation

assessments", COAL WEEK (January 8, 1990).

9. "Keeping on top of accidents and violations", COAL (December, 1989).

10."Ways to reduce electrical accidents in coal mines recommended", COAL

(November, 1982).

11."Industry in Action; Meetings", THE MINING JOURNAL (January 14,

1994).

12."Ranger awarded four stars", THE MINING JOURNAL (April 19, 1991).

13."European parliament approves proposal setting safety measures for

mining activities", OCCUPATIONAL SAFETY & HEALTH REPORTER

(November 4, 1992).

B. FEDERAL REGISTER NOTICES: CRITERIA FOR PROPOSED ASSESSMENT

OF CIVIL PENALTIES

1. 57 FR 60690 (DECEMBER 21, 1992). Final rule.

2. 57 FR 2968 (JANUARY 24, 1992). Final rule.

3. 57 FR 2972 (JANUARY 24, 1992). Proposed rule.

4. 55 FR 53482 (DECEMBER 28, 1990). Proposed rule.

5. 47 FR 22286 (MAY 21, 1982). Final rule.

C. FEDERAL REGISTER NOTICES: PATTERN OF VIOLATIONS.

1. 55 FR 31128 (JULY 31, 1990). Final rule.

2. 54 FR 23156 (MAY 30, 1989). Proposed rule.

3. 50 FR 5470 (FEBRUARY 8, 1985). Withdrawal of proposed rule; notice of

proposed rulemaking.

4. 45 FR 54656 (AUGUST 15, 1980). Proposed rule.