Federal mining law to be enforced in CNMI starting October

The Mine and Safety Health Administration under the U.S. Department of Labor will start enforcing federal mining laws in the CNMI this October.

Following their first ever visit last May, representatives from U.S. DOL-MSHA Western District made another trip to the islands last week to conduct meetings to inform and educate those in the mining industry regarding the federal Mine Safety and Health Act of 1977.

Last Friday, they held an informational meeting with companies engaging in the removal or dredging of rocks, sand (aggregate), or other minerals (including shells) from the earth, or milling such materials (including crushing, sizing, and/or similar milling processes, which are considered mining and fall under the jurisdiction of the U.S. DOL-MSHA to begin preparing the mining industry in the CNMI.

“We’re here to educate the mine operators, the contractors, and some people working in the operations about the Mine Act, about our jurisdiction, why we’re here, what are we going to be doing because we don’t want to come in here and start enforcement because nobody’s ready,” U.S. DOL-MSHA Western District manager Wyatt Andrews said.

Wyatt said their visit last May confirmed that there are mining activities in the CNMI.

“We think there’s at least probably 10 or so [just on Saipan],” Andrews said, adding that there are one or two on Tinian which they also visited. They have yet to visit Rota.

Of the considered mining activities, Andrews speculates that no one is in full compliance to date.

“As far as full compliance, it’s hard to say but I’m guessing nobody is in full compliance,” Andrews said.

“There are a couple of companies that are pretty well established like Hawaiian Rock Products, those places like that are probably further along unlike some of the others because they are exposed, they have operations in Hawaii, where we inspect, and in Guam,” he added.

Andrews said safety concerns on mobile equipment, seat belts, high wall safety, back up alarms are just some of the things that are of priority.

In April, MSHA will hold a two-week course education regarding mining and safety, and operators on island will be given opportunity to fix what they need to fix to be in compliance before October 1 when they will start “full enforcement.”

“We want them to be ready. Our intent is not to come here and shut a bunch of people down. Because that doesn’t help anybody,” Andrew said.

At least two inspections a year, which are unannounced, are required from mining operators.

For CNMI Department of Labor Secretary Edith DeLeon Guerrero, it is important that operators on island be in compliance.

“It’s very important because it involves the employees’ safety. So basically, what they are here for is provide technical assistance before they start enforcing the law,” DeLeon Guerrero said, “This is a great opportunity for the construction companies that are engaged with quarry operations to take advantage of the programs so that they know what to do.”

She added that MSHA stands alone and is separate from the Occupational Safety and Health Administration or OSHA.

Nonetheless, the CNMI DOL will do its part in enforcing safety measures in the workplace.

“Whenever it involves employees’ safety on the work site, any regulating department or agency is responsible to make sure they enforce their laws, whether it’s at the federal level or the state level,” DeLeon Guerrero said.