MSHA Inspection Checklist: How to Prepare
Build a Safety and Health Program
The Mine Health and Safety Administration (MSHA) requires mine operators to maintain a workplace that meets federal safety and health standards. A comprehensive safety and health program helps mine operators meet current standards by identifying hazards, enforcing rules, and reducing workplace injuries.
Develop Site-Specific Safety Policies
Every mining operation is different. Because of this, safety policies should reflect the specific hazards and working conditions at each site. Written policies should be clear, accurate, and fully aligned with MSHA regulations. Employers need to regularly update their policies based on new safety requirements, inspection findings, and operational changes.
Make Safety Policies a Part of Daily Practice
Written policies alone do not create a safe workplace without consistent enforcement. Safety procedures should be integrated into daily operations so that employees follow them automatically, rather than treating them as optional guidelines. Supervisors play a key role in reinforcing expectations and addressing violations as they arise. Employers should:
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Train all employees on safety rules and emergency procedures.
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Provide supervisors with compliance checklists to track enforcement.
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Hold regular safety meetings to reinforce policies and address concerns.
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Use documented corrective actions to address violations when they occur.
Establish a Formal Reporting System
Employees need to have a reliable way to report hazards without fear of retaliation. If safety concerns go unaddressed, minor issues can turn into violations or workplace injuries. A clear and accessible reporting process helps mine operators identify risks early and track recurring problems. A reporting system should include:
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Anonymous reporting options to encourage open communication.
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A structured process for investigating complaints and documenting resolutions.
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A method for tracking recurring hazards to prevent repeated violations.
Form a Safety Committee
A safety committee can help identify hazards, track compliance, and strengthen workplace protections. A safety committee is most effective if it includes both management and employees to provide insight from all levels of the operation. Key responsibilities should include:
Inspection: Inspecting worksites for safety risks and recommending corrective actions.
Review: Reviewing past citations to prevent repeated violations.
Evaluation: Evaluating training programs to address gaps in knowledge or procedures.
Conduct Regular Workplace Audits
Workplace audits help mine operators correct safety issues before an MSHA inspection by allowing employers to identify risks, address violations, and document compliance efforts.
Review Past MSHA Inspections
Past MSHA inspection reports highlight areas where compliance has fallen short. Analyzing these reports helps employers identify patterns in violations, understand how inspectors assess risks, and take corrective actions before the next inspection. Addressing recurring issues can prevent heightened penalties and reinforce workplace safety efforts.
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Examine the last two years of MSHA inspection reports to identify trends.
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Track frequent violations and make necessary adjustments.
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Confirm that past citations have been fully corrected.
Perform Internal Safety Audits
Regular audits allow mine operators to identify hazards and correct issues before an MSHA inspection. A structured audit process helps confirm that safety policies are followed in practice, rather than just existing on paper. Internal audits also provide documentation that can demonstrate compliance efforts if MSHA raises concerns.
Inspect Equipment, Work Areas, and Procedures
Verify that all equipment, workspaces, and operational procedures align with MSHA safety standards. Identifying potential hazards early helps prevent violations and improves workplace safety.
Compare Audit Findings Against MSHA Regulations
Review audit results alongside MSHA requirements to detect any compliance gaps. Addressing discrepancies before an inspection reduces the likelihood of citations.
Keep Records of Identified Hazards and Corrections
Maintain detailed documentation of any hazards discovered during audits, along with the corrective actions taken.
Conduct Audits Under Legal Counsel’s Direction
Attorney-client privilege protects certain communications between a company and its legal counsel and prevents them from being disclosed in legal proceedings. When audits are conducted under the direction of an attorney, the findings can remain confidential and allow mine operators to assess compliance without creating records that could be used against them in future MSHA inspections.
Follow Through on Corrective Actions
Finding safety hazards during an internal audit is only useful if employers take steps to correct them before MSHA shows up. MSHA inspections tend to focus on whether previously noted issues have been addressed, so mine operators need a process for tracking issues and confirming they have been resolved. Employers should:
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Assign specific personnel to address each identified issue.
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Set deadlines for corrections and confirm completion.
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Maintain detailed records of all corrective steps as evidence of compliance
Establish an Inspection Response Team
A MSHA inspection can happen without notice, so mine operators need to have a team prepared to manage the process. A designated response team can help track requests, document findings, and handle interactions with inspectors.
Assign Key Personnel
Each inspection team member should have a specific role to keep the process organized. Without clear assignments, inspections can become disorganized. An inspection team can help mine operators manage inspections efficiently and avoid unnecessary complications. For example:
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Team Leader: Serves as the primary contact for MSHA.
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Mine Operator Representative: Escorts the inspector at all times.
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Document Control Manager: Manages records requested by MSHA and keeps copies.
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Photographer: Takes side-by-side photos of anything MSHA documents.
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Sampling Coordinator: Collects independent samples when MSHA tests air, water, or noise levels.
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Union Liaison (if applicable): Coordinates with the union during inspections
Maintain Immediate Access to Key Materials
A properly organized inspection team has to have quick access to all necessary materials. Delays in providing records or tracking MSHA’s actions can create confusion and complicate the process. Employers should keep the following materials on hand:
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A contact list for internal reporting.
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Logs to track documents shared with MSHA.
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Labels for confidential records to protect trade secrets.
Have a Notification Plan
A notification plan keeps key personnel informed as soon as an inspector arrives. Without a clear response process, inspections can become chaotic and increase the chances of compliance missteps. A structured plan should outline:
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Who will greet and accompany the inspector.
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Where records and safety materials are stored for quick access.
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How to coordinate employee interviews and handle inspection requests.
Employee Handbooks as a Tool for Legal Compliance
Employee handbooks are important for maintaining legal compliance and protecting your business. These handbooks serve several key functions:
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Documenting Policies: Aligns company policies with current laws and regulations, helping avoid legal issues.
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Standardizing Procedures: Promotes consistent application of policies across the organization, reducing the risk of disputes.
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Informing Employees: Clearly communicates legal rights and responsibilities of employees and employer, preventing violations.
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Providing Evidence: Acts as proof that employees were informed about company policies and consented to them, which is important in legal defense situations.
Working with an Attorney to Draft an Employee Handbook
Employers should collaborate with an attorney to draft an employee handbook. An attorney ensures that the handbook is comprehensive, legally sound, and tailored to the organization's specific needs. A skilled employment attorney will provide:
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Legal Compliance: Your handbook will comply with all federal, state, and local laws, reducing the risk of legal disputes.
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Tailored Policies: Your handbook will contain customized policies that fit the specific needs and context of your organization, which will make it more relevant and effective.
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Risk Management: Your attorney will help identify and mitigate potential risks, protecting your company from future litigation.
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Clarity and Precision: Your attorney will ensure that the language used in your handbook is clear and unambiguous, which will make it easy to understand and enforce.
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Updates and Revisions: Your attorney will keep your handbook up-to-date with the latest legal developments so that it remains compliant at all times.
Contact Conn Maciel Carey
An effective employee handbook requires expertise and close attention to detail. Conn Maciel Carey offers unmatched expertise and tailored solutions to meet your organization’s unique needs. Conn Maciel Carey’s Labor & Employment Practice Group can ensure that your handbook is comprehensive and compliant with all federal, state, and local regulations. We offer ongoing updates to keep your handbook current with changing laws and best practices. We also know how to use your employee handbook as a powerful tool for defending your company in litigation against various types of legal claims. Contact us today at (202) 715-6244)
This article is for informational purposes only and does not constitute legal advice. While we strive to ensure accuracy, laws and regulations may change, and unintended errors may occur. This content may not address every aspect of the relevant legal requirements. For guidance on your specific situation, consult your attorney.