Better late than never

Editor’s Note: This article is being published in three parts due to its length.

Second of a three-part series

Besides classroom instruction, the indoctrination has been taken directly to the mine sites, where MSHA inspectors have been conducting Compliance Assistance Visits, CAVs. During a CAV, an inspector writes citations for alleged violations, just as he or she would during a normal inspection, but no fines are assessed. There is a distinct training component to the exercise, as many inspectors offer explanations on the spot for why he or she believes a condition is hazardous and thus a potential violation. 

According to MSHA’s Data Retrieval System and information we received through a Freedom of Information Act request, the agency has conducted 35 CAVs in the territories through Nov. 9. Five CNMI mines received CAVs last May. From March through September, 10 of 14 mines in Guam were CAVed, while during the same time period seven of eight mines in American Samoa were visited. We should note that the DRS listings appear to be a work in progress, as only seven mines in Samoa were listed there, yet an eighth that was associated with two different identification numbers showed up among Samoan mines given us through our FOIA submittal. For the CNMI, just one mine appeared in the DRS versus five through the FOIA initiative; for Guam, 11 of 14 mines appeared in MSHA’s computerized database. 

While the mock enforcement exercises surely will aid operators by revealing shortcomings in their safety programs, training and processes, they could also open up the agency to charges of unfairness. Three mines received their first-ever CAV visits in September, just over six months before the hammer drops on them next April. In contrast, nine mines were first visited in March, giving them a six-month head start over their presumptive competition.

Perhaps more troubling, inspectors visited some mines multiple times. Four mines in Guam received two CAVs.  The mines are Hawaiian Rock Products’ Fidian, JMC Equipment Rental’s JMC, and eponymous operations run by Primet Rock and Smithbridge Guam. CTC Construction’s CTC#1 Mine in American Samoa was also visited twice, while three other operations in Samoa got an astounding three CAVs: McConnell Dowell’s quarry, Paramount Builder’s paramount crusher and Samoa Maritime’s Faga’Alu Mine. In many cases, MSHA justified the multiple visits by noting that they were done under different owners, but one has to wonder how much could really have changed on the ground even under new ownership.

Main’s observation about the “primitive” mining environment certainly holds up from the many deficiencies noted on the CAV paperwork. From our FOIA request came information about 14 CAVs (we asked for all such encounters from Jan. 1, 2015, through Sept. 9, 2016, but received 10 fewer CAVs than were actually done during this period). Numerous alleged deficiencies regarding guarding, mobile equipment, electrical hazards, failure to perform mandatory examinations and the like were reminiscent of deplorable conditions at some U.S. metal/nonmetal mines in the second half of the 20th century.

For instance, at one CNMI mine, 68 CAV notices were written; at another, 60. At a third CNMI mine, where 54 CAV notices were prepared, the inspector wrote, “Moving machine parts are not guarded. Electrical problems throughout. Mobile equipment has numerous defects, including brake issues. Lack of ROPS identification tags and lack of seatbelts. 10 miners have not received their complete part 46 training but all went through OSHA required training. PPE is provided and observed being worn. Fall protection was located lying on the ground at shop area. Attempt safety talk with the miners. Unknown if they know English very well.”

At this same location, the inspector observed a miner killing the engine of a front-end loader by cutting off its fuel after reaching into the engine compartment from the rear of the vehicle because the fuel shutoff switch in the cab was nonfunctional. To one photo of a machine he added this tagline: “CAT 950 front end loader believe homemade ROPS.”

At a Samoan operation, 54 CAV notices included, but were not limited to, the following:

•  broken window and broken, deteriorated chairs, ladders and metal structures
•  missing electrical cover plates
•  lack of fall protection when working near the edge of the highball
•  no fire extinguisher during welding
•  opening in the floor of the crusher work platform
•  no hazard communication program, training plan, competent person or workplace examination system
•  lack of continuity and resistance testing of the electrical grounding system

At many sites, the number of CAV notices would have been higher, but the inspector grouped them into categories; i.e., guarding, electrical, mobile equipment, etc.

To be continued

James Sharpe (Special to the Saipan Tribune)

James Sharpe, a certified industrial hygienist, is the former vice president of Safety and Health Services for the National Stone, Sand & Gravel Association, a trade group based in the Washington, D.C. area that supports the U.S. aggregate mining sector.