MSHA's electrical regulations: Use prudence to avoid pitfalls

Abstract

The Mine Safety and Health Administration (MSHA) is a federal law enforcement agency that enforces electrical and other regulations at mining and cement operations. Many of the electrical regulations, which are set out at 30 C.F.R. Part 56.12, can be fairly characterized as simplistic, broad, dated and confusing. MSHA often reads requirements or prohibitions into its regulations that are not evident from the language of the regulations. Mine operators need to understand that the regulations are essentially interpreted by MSHA using a “reasonably prudent person” standard. An operator's failure to anticipate MSHA's changing expectations for a reasonably prudent person can result in substantial penalties, closure orders, abatement predicaments and even penalties against its management. Supervisors and managers with responsibility for electrical systems, particularly those using newer technologies that are beyond MSHA's expertise, need to be proactive in anticipating, avoiding and addressing creative MSHA enforcement.