1501:14-2-03 Criteria, standards and procedures governing annual safety performance evaluations of surface mining operations that are inspected by MSHA.

This rule applies to surface mining operations that are inspected by MSHA.

(A) The chief annually shall conduct, in accordance with these rules, a safety performance evaluation of all surface mining operations in the state that are inspected by MSHA.

(B) Collection of accident and injury data.

(1) Prior to July first of each year, the chief shall obtain from MSHA the NFDL incident data and the NFDLIR data for the preceding year for each surface mining operation permitted under Chapter 1514. of the Revised Code.

(2) Prior to July first of each year, the chief shall obtain from MSHA the national average NFDLIR data for each classification of surface mining operations permitted under Chapter 1514. of the Revised Code.

(C) Procedures governing safety performance evaluations.

(1) Prior to July first of each year, the chief shall compare the NFDLIR of each surface mining operation permitted under Chapter 1514. of the Revised Code with the national average NFDLIR for the appropriate mine classification.

(2) Prior to July first of each year, the chief shall identify those surface mining operations permitted under Chapter 1514. of the Revised Code that have a NFDLIR greater than the national average. The mining operations shall be identified by mine classification.

(3) A surface mining operation identified as having a NFDLIR greater than the national average for its mine classification shall receive two inspections conducted in accordance with division (B) of section 1514.41 and section 1514.43 of the Revised Code during the twelve months following July first.

(D) Notification of determination to conduct inspections due to the results of a safety performance evaluation. If a surface mining operation is identified under paragraph (C) of this rule as having a NFDLIR greater than the national average for its mine classification, the chief shall, prior to July first of each year, provide written notification to the operator of the operation and, if applicable, the authorized representative of the miners of the operation, that the operation will be inspected pursuant to division (B) of section 1514.41 and section 1514.43 of the Revised Code and as determined by this rule. The notice shall contain:

(1) A citation of the relevant provision(s) of the Revised Code and the Administrative Code that require the inspections;

(2) A statement that the inspections will be conducted between July first of the year the notice is sent and July first of the following year;

(3) The surface mining operation's NFDLIR;

(4) The national average NFDLIR for that surface mining operation's mine classification;

(5) The number of inspections the surface mining operation will receive;

(6) A requirement that the operator provide to the chief within thirty days, in writing, the name of the organization identified as the authorized representative of the miners for the operation, if applicable. The operator may provide this name by U.S. mail, facsimile, or electronic mail to the attention of: manager, mine safety program, Columbus office, division of mineral resources management; and

(7) The procedure, pursuant to paragraph (E) of this rule, whereby the operator may request that the chief reconsider the decision that the surface mining operation's NFDLIR exceeds the national average NFDLIR for the relevant mine classification.

(E) Reconsideration by the chief.

(1) Within thirty days of receipt of the notification required by paragraph (D) of this rule, a surface mining operator may submit a written request to the chief asking him or her to reconsider the decision that the operation exceeds the national average NFDLIR for the relevant mine classification. The request for reconsideration shall be based on either of the following:

(a) The accident(s) or injury(ies) causing the operation's NFDLIR to exceed the national average NFDLIR was improperly reported to MSHA; or

(b) The accident(s) or injury(ies) causing the operation's NFDLIR to exceed the national average NFDLIR was not related to the mining process.

(2) Within fourteen days of the receipt of an operator's request for reconsideration under paragraph (E)(1) of this rule, the chief shall provide the operator and, if applicable, the authorized representative of the miners at the surface mining operation with written notice of his or her decision.

(3) Within thirty days after receipt of the chief's decision upon reconsideration under paragraph (E)(2) of this rule, the operator may appeal the chief's decision to the reclamation commission in accordance with section 1514.09 of the Revised Code. An operator shall not file an appeal with the reclamation commission of the chief's decision that a surface mining operation's NFDLIR exceeds the national average NFDLIR without first requesting reconsideration as provided by paragraph (E)(1) of this rule. The filing of a notice of appeal to the reclamation commission does not operate as a stay of any order, determination, or decision of the chief.

Effective: 09/17/2010
R.C. 119.032 review dates: 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 1514.40
Rule Amplifies: 1514.09 , 1514.40 , 1514.41 , 1514.45