9986 Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Notices

DEPARTMENT OF LABOR

Mine Safety and Health Administration

Public Input in Development of

Program Policy Letters; Withdrawal of

Program Policy Letters

AGENCY: Mine Safety and Health

Administration, Labor.

ACTION: Notice.

SUMMARY: The Mine Safety and Health

Administration (MSHA) is inaugurating

a process to voluntarily solicit public

comment on certain draft policy

statements before the statements are

final. MSHA also announces the

withdrawal of the following Program

Policy Letters (PPL): PPL No. P94–IV–2,

First Aid Training For Selected

Supervisors; PPL No. P94–IV–4,

Ventilation Plan; and PPL No. P94–IV–

5, Examination of Working Places.

FOR FURTHER INFORMATION CONTACT:

Marvin Nichols, Administrator for Coal

Mine Safety and Health, 703–235–9423,

or Vernon Gomez, Administrator for

Metal and Nonmetal Mine Safety and

Health, 703–235–1565.

SUPPLEMENTARY INFORMATION:

Public Input in Program Policy Letters

MSHA updates its policies for

enforcement of safety and health

regulations through Program Policy

Letters. These Program Policy Letters

are not regulations and impose no new

regulatory requirements. The Program

Policy Letters are Agency

interpretations of what existing MSHA

regulations require and explain how

regulations work or apply. Program

Policy Letters are used by MSHA and

the mining community, including mine

operators, miners, and equipment

manufacturers, as guidance in

determining how best to comply with

MSHA safety and health regulations.

Once adopted, the policy statements are

published in the MSHA program policy

manual and given wide distribution

both within the Agency and in the

public.

The mining community has expressed

concerns about MSHA’s process for

interpreting mandatory standards.

MSHA believes that compliance may be

improved if the interested public has

the opportunity to provide input and so

participate in the development of

policy.

Accordingly, MSHA is announcing a

new process to voluntarily solicit public

comment on certain draft Program

Policy Letters. MSHA will publish a

Notice in the Federal Register

explaining the need for the draft policy

statement and requesting public

comment on the designated draft policy.

The public will have a reasonable

period of time to comment. This period

of time will allow persons time to

formulate comments without impeding

timely issuance of the policy statement.

MSHA also will make efforts to notify

interested persons such as company

safety directors and miners’

representatives directly. This will

further assure that those individuals

have the opportunity to comment on

issues of immediate concern to them

and provide MSHA useful feedback

from the mining community at large.

MSHA will also experiment with other

methods of encouraging input from

affected miners and operators including

public meetings in the mining

communities and use of local media

outlets. MSHA will consider the public

comments before taking final action on

the policy statement.

MSHA emphasizes that it is not

legally required to submit its draft

policy statements for public comment.

The Agency has determined as a matter

of discretion that public participation in

the policy setting process may be

beneficial as discussed above. The

Agency will select the new or revised

Program Policy Letters that it considers

appropriate for public comment.

Policies which respond to safety and

health emergencies or pertain to routine,

non-controversial matters will not be

considered for public comment. This

new process is subject to change by the

Agency as experience and

circumstances dictate. This policy

making process is not rulemaking;

therefore, Agency decisions made

pursuant to this process are not subject

to judicial review under section 101(d)

of the Federal Mine Safety and Health

Act of 1977. When enforcement actions

are taken consistent with a Program

Policy Letter they are subject to review

by the independent Federal Mine Safety

and Health Review Commission.

Withdrawal of Program Policy Letters

In initiating the new process for

public input to Program Policy Letters,

MSHA is withdrawing three recent

Program Policy Letters. These Program

Policy Letters are PPL No. P94–IV–2 (30

CFR 56/57.18010—First Aid Training

For Selected Supervisors), PPL No. P94–

IV–4 (30 CFR 57.8520—Ventilation

Plan), and PPL No. P94–IV–5 (30 CFR

56/57.18002—Examination of Working

Places).

Two of those Program Policy Letters

(First Aid Training for Selected

Supervisors and Examination of

Working Places) are the subject of

notices soliciting public comment

elsewhere in this edition of the Federal

Register.

Dated: February 16, 1995.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 95–4340 Filed 2–16–95; 4:31 pm]

BILLING CODE 4510–43–M

First Aid Training for Selected

Supervisors

AGENCY: Mine Safety and Health

Administration, Labor.

ACTION: Notice.

SUMMARY: The Mine Safety and Health

Administration (MSHA) is voluntarily

requesting comments on a draft Program

Policy Letter concerning first aid

training for selected supervisors which

is required by 30 CFR 56/57.18010.

DATES: Written comments must be

submitted on or before April 10, 1995.

ADDRESSES: Send written comments to

Administrator, Metal and Nonmetal

Mine Safety and Health, 4015 Wilson

Boulevard, Room 728, Arlington,

Virginia 22203, Fax: 703–235–9173.

Commenters are encouraged to send

commends on a computer disk along

with their original comments in hard

copy.

FOR FURTHER INFORMATION CONTACT:

Richard H. Judd, Mine Safety and

Health Specialist, Metal and Nonmetal

Mine Safety and Health, 703–235–8480.

SUPPLEMENTARY INFORMATION: MSHA

updates its policies for enforcement of

safety and health regulations through

Program Policy Letters (PPLs). These

PPLs are Agency interpretations of what

existing MSHA regulations require; they

are not new regulations. Therefore, PPLs

do not impose new requirements, but

explain or clarify how regulations work

or apply in a particular situation. These

PPSs are used by MSHA inspectors,

miners, mine operators, and mining

equipment manufacturers as guidance

in determining how best to comply with

MSHA regulations. Once adopted, the

policy statements are published in the

MSHA program policy manual and

given wide distribution.

To increase public participation on

selected draft PPLs, MSHA is

voluntarily requesting comments and

suggestions from the public, especially

from people who would be directly

affected by the PPLs. By this notice,

MSHA is requesting comments on a

draft PPL concerning first aid training

for selected supervisors, as required by

30 CFR 56/57.18010. These standards

were first promulgated as advisory

standards in July 1969 and became
Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Notices 9987

mandatory in August 1973. MSHA will

consider all timely submitted comments

before taking final action on the PPL.

Draft Policy

Background

Standard 56/57.18010, First Aid

Training, states, ‘‘Selected supervisors

shall be trained in first aid. First aid

training shall be made available to all

interested employees.’’

The intent of the standard is to

provide first aid capability at each mine

so that timely and appropriate treatment

may be given in the event a miner is

injured. Questions raised by industry

and labor indicate that compliance and

enforcement guidance is needed to

clarify the requirements of the

regulation. In a recent five year period,

more than 2,200 violations of the

standard have been cited. Many of these

citations were issued under

circumstances where no one at the mine

site had been given first aid training.

Therefore, MSHA is considering issuing

a PPL on this subject. It is MSHA’s

policy that a sufficient number of

supervisors must be selected and

trained to ensure that a responsible

person is available to administer first

aid at the mine site on all working

shifts.

Selected Supervisors To Be Trained

Selected supervisors can include shift

bosses, foremen, superintendents, or

other designated individuals in a

supervisory position. In order to provide

first aid assistance to sick or injured

employees, trained supervisors should

be selected to provide coverage on each

working shift.

Course Content

The word ‘‘trained’’ refers to a

performance capability. A person

trained in first aid must be able to

provide the necessary level of treatment

consistent with accepted first aid

practices. The first aid course for

supervisors, therefore, should include,

at a minimum, the following

fundamental topics which are consistent

with those of nationally recognized

courses: patient assessment, artificial

ventilation, control of bleeding, control

of shock, wounds and dressings, burns

and scalds, musculoskeletal injuries,

and handling and transportation.

Accepted Courses

Training courses which include the

fundamentals identified above, and are

sponsored or sanctioned by a recognized

organization (American Red Cross,

National Safety Council, etc.) meet the

requirements of 30 CFR 56/57.18010.

First aid training conducted by MSHAcertified instructors also meets the

requirements of the standard, provided

that the topics, as detailed above, are

included in the course. 30 CFR Part 48

training requirements address only a

limited form of first aid training for all

miners and, therefore, is unacceptable

for compliance with 30 CFR 56/

57.18010.

A certificate of course completion

provided by the trainer or the

recognized training organization, or a

written statement by the mine operator

certifying course completion, will serve

as evidence to MSHA of current

training.

Refresher Training

In order for first aid capability to

remain effective, it is necessary for

persons who have received the training

to maintain an adequate competency

level and, thus, remain ‘‘trained.’’

Refresher training prevents the loss or

diminution of competency over a period

of time. When a recognized course is

used to comply with the standard,

retraining should be conducted within

the recommended frequency and course

content established by the providing

organization.

Availability Of Training For Employees

Availability of training for interested

employees may be announced by

posting the course schedule on the mine

bulletin board, or by notifying

employees through other means. The

course should be given at a location and

time convenient to employees.

Dated: February 16, 1995.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 95–4342 Filed 2–16–95; 4:31 pm]

BILLING CODE 4510–43–M

Examination of Working Places

AGENCY: Mine Safety and Health

Administration, Labor.

ACTION: Notice.

SUMMARY: The Mine Safety and Health

Administration (MSHA) is voluntarily

requesting comments on a draft Program

Policy Letter concerning examination of

working places which is required by 30

CFR 56/57.18002.

DATES: Written comments must be

submitted on or before April 1, 1995.

ADDRESSES: Send written comments to

Administrator, Metal and Nonmetal

Mine Safety and Health, 4015 Wilson

Boulevard, Room 728, Arlington,

Virginia 22203, Fax: 703–235–9173.

Commenters are encouraged to send

comments on a computer disk along

with their original comments in hard

copy.

FOR FURTHER INFORMATION CONTACT:

Roderick Breland, Chief, Division of

Safety, Metal and Nonmetal Mine Safety

and Health, 703–235–8480.

SUPPLEMENTARY INFORMATION: MSHA

updates its policies for enforcement of

safety and health regulations through

Program Policy Letters (PPLs). These

PPLs are Agency interpretations of what

existing MSHA regulations require; they

are not new regulations. Therefore, PPLs

do not impose new requirements, but

explain or clarify how regulations work

or apply in a particular situation. These

PPLs are used by MSHA inspectors,

miners, mine operators, and mining

equipment manufacturers as guidance

in determining how best to comply with

MSHA regulations. Once adopted, the

policy statements are published in the

MSHA program policy manual and

given wide distribution.

To increase public participation on

selected draft PPLs, MSHA is

voluntarily requesting comments and

suggestions from the public, especially

from people who would be directly

affected by the PPLs. By this notice,

MSHA is requesting comments on a

draft PPL concerning examination of

working places, as required by 30 CFR

56/57.18002. These safety standards

were first promulgated as advisory

standards in July 1969 and became

mandatory in August 1979. MSHA will

consider all timely submitted comments

before taking final action on the PPL.

Draft Policy

Background

Standard 56/57.18002, Examination of

Working Places, contains the following

requirements:

(a) A competent person designated by the

operator shall examine each working place at

least once each shift for conditions which

may adversely affect safety or health. The

operator shall promptly initiate appropriate

action to correct such conditions.

(b) A record that such examinations were

conducted shall be kept by the operator for

a period of one year, and shall be made

available for review by the Secretary or his

authorized representative.

(c) In addition, conditions that may present

an imminent danger which are noted by the

person conducting the examination shall be

brought to the immediate attention of the

operator who shall withdraw all persons

from the area affected (except persons

referred to in section 104(c) of the Federal

Mine Safety and Health Act of 1977) until the

danger is abated.

The intent of the standard is to

require regular close examination of the

total mining environment to find and

eliminate potential hazards caused by