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MSHA Powered Haulage Rule: Employer Guide

On December 20, 2023, MSHA issued the Powered Haulage Rule to improve safety in mining operations involving surface mobile equipment. The rule requires mine operators to establish and maintain written safety programs designed to reduce risks associated with powered haulage. It sets clear guidelines for hazard identification, risk mitigation, and active worker participation to prevent accidents, injuries, and fatalities.

MSHA developed the Powered Haulage Rule in response to ongoing safety concerns. For example, between 2011 and 2020, there were more than 13,000 non-fatal injuries involving surface mobile equipment, which resulted in nearly half a million lost workdays. Because of this, MSHA determined that written safety programs were necessary to improve accountability for employers and create safer working conditions for employees. Mine operators that comply with the Powered Haulage Rule reduce the likelihood of enforcement actions against them and help prevent serious incidents in their operations.

Why MSHA Developed the Powered Haulage Rule

MSHA developed the Powered Haulage Rule after determining that existing safety regulations did not sufficiently mitigate hazards related to surface mobile equipment. Mainly, before the rule, mine operators were expected to train workers on general safety principles, but there was no requirement for a structured, site-specific safety program. As a result, many mines lacked formal procedures for identifying and reducing risks related to powered haulage.

The Problem MSHA Seeks to Resolve

MSHA investigations found that inconsistent safety practices contributed to serious injuries and fatalities.
Many powered haulage accidents involved preventable hazards, such as blind spots, mechanical failures, and poor traffic management.
The absence of a written safety program made it difficult to hold mine operators accountable for implementing effective hazard controls.

Key Changes Introduced by the Rule

The rule requires mine operators to create formal, written safety programs focused on powered haulage hazards.
Mine operators are now expected to involve workers in developing and maintaining safety programs, which encourages a culture of safety and accountability.
Safety programs are subject to regular reviews and updates to reflect changes in mine operations, equipment, or identified risks.

Key Requirements of the MSHA Powered Haulage Rule

Mine operators using surface mobile equipment are required to develop a written safety program that complies with MSHA’s Powered Haulage Rule. Written safety programs formalize safety efforts and provide a structured way to identify and reduce hazards.

Written Safety Program Requirements

The program has to document known hazards related to surface mobile equipment.
Employers are expected to describe how hazards will be controlled, such as using traffic management strategies or providing additional training.
The safety plan needs to be available to workers and management so it is followed in daily operations.
Mine operators are responsible for maintaining records of program updates and making changes when site conditions or equipment usage evolve.

Identifying and Reducing Risks

The Powered Haulage Rule requires mine operators to assess risks related to surface mobile equipment and take steps to prevent accidents. Risk assessment is a continuous process, as hazards vary based on site conditions, equipment type, and traffic patterns. Implementing effective hazard controls helps protect workers and minimizes the likelihood of enforcement actions.

Common powered haulage hazards include:

Blind Spots: Large equipment creates visibility issues that increase the risk of collisions with workers or other vehicles.
Brake Failures: Malfunctioning brakes or inadequate maintenance can cause rollovers, runaway vehicles, or loss of control.
Traffic Congestion: Poorly managed traffic flow in high-activity areas increases the likelihood of accidents.
Unsecured Loads: Improperly secured materials can shift during transport and lead to tip-overs or falling debris.

Employers can reduce risks by implementing the following strategies:

Use proximity detection systems or other technologies to reduce blind spot hazards.
Routinely inspect equipment to detect and correct potential mechanical issues before they cause accidents.
Establish clear traffic control measures to regulate movement in high-activity areas and active work zones.
Provide site-specific training so workers can recognize and avoid unsafe conditions.

Equipment Maintenance and Inspection Standards

Equipment failures are a significant factor in powered haulage accidents. To mitigate equipment failures, the Powered Haulage Rule requires mine operators to incorporate maintenance and inspection procedures into their written safety programs. Preventive maintenance helps reduce mechanical failures that can lead to rollovers, collisions, or loss of control incidents.

Mine operators are responsible for the following maintenance and inspection requirements:

Establish regular maintenance schedules for surface mobile equipment.
Inspect brakes, steering, visibility systems, and other key components to detect mechanical issues before they cause an accident.
Outline procedures for handling equipment repairs, including protocols for removing unsafe equipment from service.
Document completed maintenance and inspections to demonstrate compliance during MSHA inspections.

Worker Training and Safety Participation

The Powered Haulage Rule mandates that mine operators provide workers with site-specific instruction on hazards associated with surface mobile equipment. Mine operators need to provide workers with site-specific instruction on the hazards associated with surface mobile equipment. A training program that focuses on real-world risks and practical safety measures helps reduce the likelihood of accidents and gives workers a clear understanding of required safety procedures.

Mine operators are responsible for the following training and safety participation requirements:

Hazard Training: Workers need to be trained on site-specific hazards that exist in the mine where they operate, rather than relying on generic safety guidelines. Training should clarify blind spots, traffic flow risks, and the specific types of equipment used on-site.

Training Content: Training programs should include step-by-step instruction on safe equipment operation, right-of-way rules, traffic control procedures, and emergency response protocols.

Recordkeeping: Mine operators are expected to keep detailed records of all training sessions, including attendance logs and the topics covered, so they can provide proof of compliance during MSHA inspections.

Worker Involvement: Workers are required to participate in developing and reviewing safety programs, which allows them to provide input on recurring hazards, near-miss incidents, and necessary adjustments to existing safety measures.

How MSHA Enforces the Powered Haulage Rule

MSHA Inspections

MSHA conducts inspections to verify that mine operators adhere to the Powered Haulage Rule. MSHA inspections focus on two key areas: whether mine operators have developed written safety programs that meet the Powered Haulage Rule’s requirements and whether those programs are being followed in daily operations.

Mine operators should be prepared for the following compliance checks:

Review of written safety programs: Inspectors examine the content of safety programs to confirm they document site-specific hazards and prescribe risk reduction measures.
Worker interviews: MSHA may interview workers to determine whether the safety program reflects real-world hazards and whether they have received required training.
Observation of workplace practices: Inspectors assess whether operators and workers are following traffic control measures, equipment maintenance procedures, and other safety protocols outlined in the written program.
Evaluation of training records: MSHA may check documentation of completed training sessions to verify that workers have received instruction on powered haulage hazards and safety procedures.

Enforcement Actions for Non-Compliance

When inspectors find violations of the Powered Haulage Rule, MMSHA enforces the Powered Haulage Rule through various actions, including issuing citations and imposing penalties for violations. The most common penalties are:

Citations and Orders: Inspectors may issue citations for violations such as failing to develop a written safety program, not conducting required training, or failing to follow documented safety procedures.
Fines and Penalties: Financial penalties may be assessed based on the severity of the violation and the operator’s history of compliance.
Withdrawal Orders: In cases where violations create an immediate hazard, MSHA has the authority to order mine operators to remove workers from unsafe areas until hazards are corrected.
Increased Oversight: Repeat violations may result in more frequent inspections or heightened enforcement measures under MSHA’s enhanced enforcement programs.

What Happens If Employers Are Not Compliant

Mine operators are mandated to take corrective actions to correct violations identified by MSHA. The steps required depend on the severity of the issue, whether it poses an immediate hazard, and the employer’s history of compliance. Ignoring violations or failing to make necessary changes can lead to higher penalties, increased inspections, and possible shutdowns of unsafe operations.

Employers that receive citations or penalties are expected to:

Correct the violation within the required timeframe: MSHA sets deadlines for correcting safety issues, which vary based on the severity of the hazard.
Train or retrain workers if necessary: If a citation relates to training deficiencies, operators may need to provide additional instruction to workers.
Undergo follow-up inspections: MSHA may return to verify that the corrective actions have been implemented.
Prepare for increased oversight if violations continue: Repeated non-compliance can lead to heightened enforcement, additional fines, and more frequent inspections.
Document corrective actions: Employers should keep records showing how violations were corrected to demonstrate compliance.

How Employers Can Stay Compliant

A consistent and well-documented compliance strategy minimizes the risk of citations, penalties, and workplace accidents.

Employers can stay compliant by taking the following steps:

Develop a Site-Specific Safety Program That Reflects Actual Working Conditions

A generic safety plan does not meet MSHA’s requirements. The program should identify site-specific hazards, such as blind spots, high-traffic areas, and known mechanical risks, and outline the steps taken to reduce them.

Keep Training Records Detailed and Up to Date

MSHA inspections include a review of worker training. Records should document when training occurred, who attended, and what topics were covered. If citations have been issued in the past, training records should show how the deficiencies were corrected.

Conduct Routine Safety Audits to Check Whether Written Policies Match Workplace Practices

Inspectors look for gaps between what the safety program says and what happens in daily operations. Regular audits help mine operators identify and correct inconsistencies before MSHA does.

Update the Safety Program When Equipment, Site Conditions, or Operating Procedures Change

An outdated safety plan can result in citations if it does not mitigate current risks. Any updates should be documented, and workers should be trained on new policies.

Involve Workers in Hazard Identification and Program Updates

The Powered Haulage Rule requires worker participation in developing and maintaining safety programs. Workers who operate or work near surface mobile equipment have firsthand knowledge of potential risks and should be consulted regularly.

What Employers Gain from a Comprehensive and Consistently Applied Safety Program

Compliance with the Powered Haulage Rule achieves more than merely avoiding citations and fines. A properly maintained safety program reduces workplace injuries, improves efficiency, and helps create a safer work environment. Mine operators who take compliance seriously are less likely to experience disruptions from enforcement actions or preventable accidents.

A properly implemented safety program provides the following benefits:

Fewer workplace injuries and fatalities: A detailed safety program that addresses site-specific risks reduces the likelihood of serious accidents.
Improved worker participation and safety awareness: When workers are involved in safety planning, they are more likely to recognize hazards and follow safety procedures.
Less downtime from enforcement actions: Employers that meet MSHA’s requirements are less likely to face shutdowns or delays caused by citations and corrective actions.
Lower costs associated with accidents and violations: Preventing accidents reduces workers’ compensation claims, equipment damage, and other financial losses.
Better inspection outcomes: Mine operators who maintain well-documented programs and training records are better prepared for MSHA inspections.

How Conn Maciel Carey Can Help

Mine operators are responsible for developing, enforcing, and periodically updating safety programs that comply with the Powered Haulage Rule. Failing to meet MSHA’s requirements can lead to citations, penalties, and increased oversight. Many employers struggle with interpreting MSHA regulations, responding to enforcement actions, or keeping safety programs updated as operations evolve.

Conn Maciel Carey assists mine operators by providing:

Guidance on compliance obligations: Our team helps employers understand how MSHA applies the Powered Haulage Rule and what inspectors look for during inspections.
Review and analysis of safety programs: A written safety program is only effective if it reflects actual workplace conditions. We assess policies to identify compliance gaps before MSHA does.
Training for management and workers: MSHA requires site-specific training on powered haulage hazards. We provide legal guidance on structuring training programs that meet federal requirements.
Defense against MSHA enforcement actions: Employers facing citations or penalties need a strong legal strategy. Our team assists with contesting violations, negotiating penalties, and addressing compliance concerns raised by inspectors.
Preparation for MSHA inspections: Inspectors expect written safety programs to match real-world conditions. We help mine operators identify potential compliance risks before an inspection occurs.

Mine operators who stay ahead of compliance issues reduce the risk of enforcement actions and workplace injuries. Conn Maciel Carey’s national MSHA Mine Safety & Health Practice Group can help your business meet MSHA’s requirements. Contact our team today by calling (202) 715-6244 or sending us an email.

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.