Pit & Quarry, April 2012

BY MICHAEL T HEENAN MSHA is on the march to prevent all accidents but MSHA enforcement does not alter employee attitudes for violations related to Rules to Live By Inspectors are to carefully evaluate gravity and negligence consistent with the seriousness of the violation High gravity and negligence findings will precipitate high penalties charges of unwarrantable failure and special investigations They also will contribute to pattern of violations enforcement which MSHA is in the process of tightening through new regulations MSHA also intends to find ways to make it harder for operators to dispute inspector findings MSHA is on the march to prevent all accidents but MSHA enforcement does not alter employee attitudes Industry wants employees to be safe but it is their lives and the wellbeing of their families at stake The question for industry How are companies going to address the fact that employees disregard risks A better question What are you going to do to reach where MSHA cannot reach It seems clear that employers need to focus on more than rules They have to focus on belief systems employee culture attitudes and willingness to take extra steps to be safe They have to focus on training without assuming that the employees get it and will comply and without assuming that employees will follow training when they feel like the job requires it PQ Legal editor Michael T Heenan is an attorney at Ogletree Deakins Nash Smoak Stewart one of the nations largest labor and safety law firms He can be reached at michael heenan@ odnss com You not MSHA A ssume employees will routinely take risks that could have dire consequences They do We all do We know that cellphones are a distraction to driving but most of us have trouble resisting them If we need to saw a thick board and the circular saw has a broken guard what will it hurt If tires on a vehicle are worn beyond what is considered acceptable seemingly nothing will happen if we delay in replacing them People take risks for convenience time saving or no reason whatsoever But risks that are not recognized or do not seem important kill people Even though we get away with such risks time and again they can be more lethal than risks that genuinely frighten It is astounding how people do clearly dangerous things and escape serious injury while others who are simply inattentive become victims of devastating accidents Recognizing danger in seemingly routine situations is indispensable How can beliefs in invincibility be corrected In a Pit Quarry article called Be aware stay alive from May 2011 I referred to accidents that happened in 2010 due to what I called wrong thinking In another Pit Quarry article MSHA rules to live by from April 2010 I reviewed the connection between wrong thinking and violations of the rules MSHA poses to prevent accidents Thought processes Here are examples with the rule and wrong thinking Equipment lockout not necessary will just take a minute Confined space safety do not need a helper tending a safety line Design capacity adherence this sling is strong enough Brakes and equipment parking do not need a parking brake or chock Fall protection there is no good way to rig it Ground control the ground is OK Nothing will give way Barricades and warning signs no one will be coming around here MSHAs approach to combating safety infractions is based on rules and enforcement That is what MSHA does MSHA recently issued Rules to Live By III which will focus on enhanced enforcement But can rules and enforcement reach the real problem Here are the rules and more examples of thinking that can cause them to be disregarded New task training how could the employee not understand Ground stability I can stand here and nothing will happen Hazardous conditions They are not really a problem Equipment safety defects We can take care of them later Life jackets I can swim Believing in safe practices In 2011 mining fatalities were the second lowest ever but employees must be convinced for improvement to continue Anyone who reviews accidents can see how they could have been prevented often with simple precautions such as staying away from haul trucks being careful of ground safety under and over people and equipment taking the time to lock block and chock equipment putting on protective gear including life vests and fall protection MSHA has announced Beginning April 1 inspectors will increase scrutiny 50 PIT QUARRY April 2012 www pitandquarry com