12 - Mine Safety - Law

CHAPTER 12
MINE SAFETY & LAW

Dr. Teuku Andika R Putra
TEKNIK PERTAMBANGAN, UNIVERSITAS SYIAH KUALA
2014
Mine Safety
A change in
philosophy for the
better
MNGN210
Mining has certainly changed!
Page 2
MNGN210
Mine Safety History

First mine safety law in 1891
Stopped children under 12 years old from
working in mines.
Applied to mines in US territories only.
In 1910 the US Bureau of Mines was

created to conduct research to reduce
accidents
Was given no inspection or enforcement
privileges.
MNGN210
Mine Safety History

Federal Coal Mine Safety Act of 1952
Allowed the Bureau of Mines to perform
inspections and give penalties to certain
underground coal mines.
In 1966 the Coal Mine Safety Act is

extended to all under ground coal Mines
In 1969 the Coal Mine Safety Act is
extended to all coal mines.
In 1973 the Mine Enforcement and Safety
Administration (MASA) was created.
Page 4
MNGN210
Mine Safety History

The Federal Mine Safety Act of 1977
established what we now know as MSHA,
the Mine Safety and Health
Administration.
Allowed MSHA to perform inspections and give
penalties to all coal and metal/non-metal mines
Gave certain mine safety rights to miners
Transferred safety responsibility of MSHA from
the Department of the Interior to the Department
of Labor
Page 5
MNGN210
Mission of MSHA
To enforce the Federal Mine Safety
Act of 1977.
Eliminate fatal accidents.
Reduce the frequency and severity of
all other accidents.
To promote improved health
conditions in mines.
Page 6
MNGN210
CRF 30 The Regulations

The document containing the detailed
safety laws as applied to mining functions
and equipment.
All laws are subject to interpretation by
MSHA inspectors.
A appealing process may be used to contest
questionable citations.
Page 7
MNGN210
Mandatory Training
40 hours new miner basic training for
underground mining.
24 hours new miner basic training for surface
mining operations.
Eight hours of refresher safety and health
training for all miners, each year
Safety-related task training for miners
assigned to new jobs.
Page 8
MNGN210
Penalty System
An MSHA inspector must issue a citation or order
for each violation of a health or safety standard they
encounter or they will receive penalties.
These fines may range up to $55,000 per violation
Most penalties are based on:
1) History of previous violations;
2) Size of the operator's business;
3) Any negligence by the operator;
4) Gravity of the violation;
5) The operator's good faith in trying to correct the
violation promptly;
6) Effect of the penalty on the operator's ability to
Page 9
stay in business.
MNGN210
Page 10
MNGN210
Number of Fatalities and Average

Fatality Rates by Mining Sector, 19112000
14,000
400
Number of Fatalities (5-Year Aggregates)
Coal
M/NM
Rate Coal
Rate M/NM
350
World War II
1939-1945
10,000
300
Federal Coal Mine

Health and Safety
Act of 1969
8,000
250
200
6,000
150
Federal Mine
Safety and Health
Act of 1977
4,000
100
2,000
Fatality Rate (per 100,000 workers)
Great Depression
1930s
12,000
50
0
19111915
19161920
19211925
19261930
19311935
19361940
19411945
19461950
19511955
19561960
19611965
19661970
19711975
19761980
19811985
19861990
19911995
19962000
Page 11
Data source: Bureau of Mines; MSHA
MNGN210
Fatalities in Mining
2000-2005*
90
82
72
80
69
# of Fatals
70
56
60
55
52
Coal
50
MNM
40
Total
30
20
10
0
2000
2001
2002
2003
2004
2005*
Year
Page 12
*data
MNGN210
current thru 12/2/2005
Page 13
MNGN210
Page 14
MNGN210
Page 15
MNGN210
Causes of Fatalities &

Accidents in Mines
Rubber Wheel Equipment
Rock falls
Ventilation
Fires & Explosions
Electrical
Slips and Falls
Improper Guarding of Equipment
Improper use of tools & equipment
Page 16
MNGN210
Distribution of UG M/NM Fatalities by

Accident Classification, 1996-2003
Powered
Haulage
30%
Fall of
Ground
38%
Hand Tools
4%
Hoisting
4%
Machinery
4%
Other
6%
MNGN210
Electrical
6%
Slip/Fall of Person
8%
Page 17
Page 18
MNGN210
Causes of Long term

health problems
Dust & Aerosols
Noise
Chemicals
Mine gasses (ie, Radon)
UV light from welders & torches
Vibration
Page 19
MNGN210
Page 20
MNGN210
10
Benefits of a Safe Mine

Good worker attitudes
Increased Production
Increased Profits
Almost all highly profitable mining operations are both
organized and have exceptional safety records.
Page 21
MNGN210
Websites
http://www.msha.gov/
http://www.cdc.gov/niosh/mining/
Page 22
MNGN210
11
Introduction to Mining
Lecture Unit 13 - Mining Law
Colorado School of Mines
Mining Engineering Department
Fall 2008
Mining & Environmental Law

(Whats the big deal & Why is it important)
Defines where we can explore (right of access)
Is a given resource permitable? (right to mine)
Social Acceptance? (social license)
Economics?
Mining Law History

The evolution of U.S. mining law is rich in history and
reflects the entrepreneurial legacy of the early west.
Legal Basis

English Common Law (Romans)

Spanish Law
Native Mining Law
Influenced by Many Factors

Mining is one of the oldest industries in the U.S., playing

major role in industrialization
Multi-cultural background
Large federal land holdings
Economic policy encouraging early western expansion
Entrepreneuralship and work ethic
Major Types of Land (Mineral Ownership)

Federal Land Open to Location
Range lands, Bureau of Land Management (BLM)
National Forests, United States Forest Service (USFS)
Homesteads with mineral rights reserved
Federal Land Restricted In Use
National Parks and Monuments
Wilderness Areas
Game Refuges
Military Reservations
Native American Reservations
State Lands: State Mineral Laws
Private Lands: Negotiation with owner
4
General Information
The Most Significant Federal Land Holding Occur in the Western States
19 States, ranging from ~35% (WA) to ~85% (NV)
The Laws Governing the Acquisition of Mineral Rights and Mining

Vary as a Function of Land and Mineral Ownership Sources of
Ownership Information
Bureau of Land Management (BLM)
County Recorder
State Agencies
On site investigation
U.S. Mining Law Development

Prior to Gold Rush (1849)

Government granted rights for royalty 10% in
kind
After Gold Rush
Rapid expansion of the west caused breakdown in

system (great inequities)
Mining districts formed, mining courts elected

dispensing of civil and criminal justice, land free
within local laws
U.S. Mining Law Development

Early mining laws were quite different in each district

Example: Claim sizes were generally 50 feet wide but
varied from a few hundred to several thousand feet in
length
There was a need to make a uniform law governing

the entire nation
US Mining Law Development

Mining Law of 1866

Recognized local district laws

Established district standards
Established procedure for acquisition of title to
claims
Mining Law of 1870

Provided for Placer Claims
US Mining Law Development

Mining Law of 1872

Still in effect (well defined and still very

applicable today due to case law)
Provides for four types of claims

Lode Claims
Placer Claims
Tunnel Claims
Millsite Claims
Claimants Rights
Develop and extract minerals
Use surface for mining and processing
Access across federally managed lands
Use of timber for mining
Construction of fences and gates around operations and

equipment
Construct facilities for activities including housing, but

subject to surface management regulations
Real property interest which may be sold, willed, etc.
10
Mining Law of 1872

Lode Claims
Lode: zone of mineralized rock lying within

boundaries, clearly separated from neighboring rock
(vein) or broad zones of mineralization
Maximum size 1,500 ft along strike, 300 ft each

side of vein
Approximately 20 2/3 acres
Usually parallelogram, with metes and bounds survey

(length and direction of boundary lines)
Parallel endlines required for extralateral rights
11
Mining Law of 1872

Placer Claims
Placer: superficial deposit occupying active or ancient

streambed or beach --- washed down or weathered
from vein (alluvial deposit) or some bedded nonmetallic
20 acres/locator to maximum of 160 acres/association,

except Alaska
No rights to exposed lodes or extralateral extensions
Lode vs. Placer both or local

12
Mining Law of 1872

Tunnel Claims
Right to drive 3,000 ft tunnel (adit) and claim all veins

intersected for 1,500 ft on strike, either side
Cylindrical area 3,000 ft x 3,000 ft
Two stakes on centerline
Locate lode claims over blind veins
Seldom used now (environmental, cost, drilling &

geophysics technology, and permitting)
13
Mining Law of 1872

Mill Site
Non-mineralized land for construction of mill or

processing facility
Maximum of 5 acres per claim with no limit on the

number of claims
Metes and bounds or legal subdivision
Political debate of 1990s: Millsite claim ratios
14
Who May Stake a Mining Claim?

Any citizen of the United States
or any company authorized to do
business in the United States
15
Four typical steps in claim location

(Mining Law of 1872)
Discovery
Location
Location Work
Recording
16
Mining Law of 1872

Discovery
Claim must have valid discovery
Not well defined, if challenged, must prove discovery

Prudent Man Rule: sufficient interest to cause

prudent man to spend additional time and money
Marketability Test: show that if found, profit can be
made
Can locate without discovery, but discovery must be

shown in case for challenge by US or other claimant
Rights given to first discovery
17
Mining Law of 1872

Location
Discovery monument
Post location notice:

name of claim
type of claim
name of locator
date of claim
description of claim location related to permanent
object
acreage claimed
18
Mining Law of 1872

Location Work
Monumentation of corners and lines required within 90

days
Initially, discovery shaft 4 ft x 6 ft x 8 ft
Many states dont require shaft because of

environmental damage
State requirements vary on timing and

monumentation, end and side centers, etc.
19
Locating a Lode Claim

Depending on the state you are in, monuments are
placed around the perimeter of the claim.
Source: Digest of Mining Claim Laws, 2ed, Robert G. Pruitt, Jr.,
20
Mining Law of 1872

Recording
State (county) and BLM State Office
Within 90 days, file location notice with county

recorder time may vary by state
21
The Paper Work
22
The Paper Work
23
The Paper Work
24
Recording
After the discovery point has been established,
the claimstaker has a limited amount of time to
record the claim with the BLM and County
Records Department.
In Colorado this is 90 days for a lode claim and 30

days for a placer.
Each state is allowed to have its own

requirements for recording of claims and what
work is to be done at the claim site for a valid
discovery.
25
Assessment Requirements
Until recently, $100 worth of work was required to

be performed annually for each claim in the form
of improvements in order to hold the claim
(keep valid)
The regulations have changed and now claimants

must pay $100 per claim directly to the BLM
annually
A letter of intent to hold the claim and a payment is

due to the BLM each year by December 30.
26
Locatable Minerals under Law of 1872

All Metallic and Non-Metallic Minerals
Metallics: gold, silver, copper, lead, zinc, tin, etc.
Non-Metallics: gypsum, borax, feldspar, fluorspar,

etc. (generally must be a unit value commodity)
Specifically Excluded

Leasable Minerals: coal, oilshale, etc.

Salable Minerals: common varieties of sand,
gravel, stone, pumice, cinders, clay
Common minerals (varieties) are not locatable
27
Extralateral Rights and Apex

Extralateral Rights and Apex
Claim holder allowed down-dip rights under

adjacent claim
Claim must have the vein apex (highest point)

within the claim boundary and be senior (first)
Extralateral rights have caused significant

conflict and litigation
28
Extralateral Rights of Lode Claims
29
Apex Law
The claim which owns the Apex, the highest point of a
vein or lode, owns the vein or lode down its dip. The vein
may exist vertically under another property but it dose not
belong to that property.
30
SEC.33,T.3 S.,R.73W.
31
Lode Claim Conflicts (Who Owns What)
32
Load Claim Conflicts (Who Owns What)
(Isometric Map)
33
Multiple Use Doctrine

Public lands often have several designated uses that

often competed against each other, where mining is just
one interest (guaranteed by statute)
Land Managers have a legal obligation to ensure best

combination of these activities
Land Managers have tremendous discretion
Example
34
Patenting Mining Claims

When unpatented, title belongs to government and

claimant has right to minerals
Patent: claimant receives permanent title to the

property
Assessment work no longer required; property taxes

required
35

Steps In Procedure
1st:
Prove discovery on each claim with Prudent Man and

Marketability Test
2nd: Minimum of $500 improvements per claim

3rd: Surveyed by mineral surveyor from BLM roster
4th:
Post Notice of Intent to Patent and publish in local

newspaper
5th:
Pay application fee - $250 plus $50 per additional claim
6th: Purchase at $5 per acre lode, $2.50 per acre placer,

upon approval of application
36

Why would a company want to patent a claim in

todays operating environment (Cost:Benefit)
What does it really cost (Is it a land give-away as

many NGOs and media outlets have described)
Current legislative status
37
Introduction to Mining
Lecture Unit 14 Environmental Law
Colorado School of Mines

Mining Engineering Department
Fall 2008
What Started the Movement

&
Why is it Important
Community Health Concerns
Disease Clusters
Drinking Water & Sewage Treatment
Landfills
Toxic Chemical Disposal
Visual Indicators
Smog
Rivers/Lakes
Vegetation
Environmental Law and Surface Management

Major Environmental Acts
National Environmental Policy Act of 1969 (NEPA)
Legislatively Mandated Widespread Consideration of

Environmental Factors Associated with Every Major
Governmental Action (activity)
Purpose: NEPA Requires Full Environmental

Disclosure and the Examination of Possible Project
Alternatives, Not Necessarily Least Harmful
Regulatory Agencies May Approve Plan which is Not

the Least Damaging
Regulatory Requirements Established in Case Law

Environmental Impact Statement (EIS) or

Environmental Assessments (EA) are Required for
All Major Federal Actions Significantly Affecting the
Quality of the Human Environment
Major Federal (Government) Action: approval of

operating plans (federal lands), permits, federal
monies, and/or infrastructure (roads & waterways)

Basic EIS Process:

Select Lead Agency

Arrange for Agency Coordination (MOU)
Select Consultants & Required Environmental Studies
Arrange for Public Involvement
Pay Cost of EIS
Outline of Typical Environmental Impact Statement

Project Description

Geography
Property Ownership
Mining & Processing Plan
Reclamation Plan
Regional & Local Environmental Description

Physical
Biological
Social Environment

Environmental Impacts of Proposed Project

Physical
Biological
Social Environment
Proposed Mitigating Measures

Land
Water
Air
Social
Other

Adverse Impacts & Irreversible and Irretrievable

Commitments
Alternatives

Approval of Plan
Modification of Plan
Alternatives of Plan
No Action Plan

Federal Land Policy and Management Act
(BLM Organic Act, FLPMA)

Claim registration
Filing of assessment affidavits
Notification of transfer
Access, Environmental, & Reclamation Regulations
Wilderness review mandate
Typical Process for Exploration & Development

(unpatented claims) on Federal (USFS) Lands
Location of Mineral Claims (BLM & County)
Notice of Intent (USFS)
Name & Address of Company & Principle Project Managers

Area (detailed maps)
Nature of Proposed Operations
Access
Within 15 Days, Ranger is Required to Notify if Plan:
Approved as Stated
Is Deemed a Significant Disturbance and a Plan of
Operation is Required
Needs Additional Time to Evaluate (Reasonable)

Non-Regulated Activities (Not Required to Submit Notice):

Activity on Existing Roads

Prospecting/Sampling (Surface Hand Samples)

Claim Staking

Non-Intrusive Geophysical Methods (e.g., Magnetic &
Gravity Surveys)

Geochem Surveys & Structural Mapping

Often if Significant Disturbance is Anticipated, the

Notice of Intent will be Bypassed and a Company will
Proceed Directly to a Plan of Operations

Plan of Operations (USFS)
Name & Address of Company, Principle Officers, and

Supervisors Responsible for the Work at the Site
Detailed Location & Site Drawings
Detailed Access & Transportation Plan (e.g., proposed

road construction, use of existing roads, types of
vehicles, hours of operation, etc.)
Types of Operations and How They Will Be Conducted
Period of Activity

Environmental & Reclamation Plan

(e.g., what measures are being taken to comply with
requirements for environmental protection and mitigate
potential environmental disturbances)
Environmental Scoping, Assessment & Due-Diligence
Bonding Requirements

Regulations Require:
Adverse Impacts Minimized
Compliance with Regulations Pertaining to Air & Water

Quality and Solid Waste Disposal
Protection of Scenic Values, Fisheries, Wildlife

Habitat, Recreation Areas
Reclamation Within a Specified Period after the

Conclusion of Operations

Ranger Performs Environmental Analysis within 30

Days, with a Possible 90 Day Extension:
Approves Plan of Operation
Modifies Plan of Operation
Disapproves Plan
Requires an EA or EIS

If the Plan is Approved, with or without Modifications, a

Reclamation Bond Covering the Cost of Stabilization,
Rehabilitation, and Reclamation will be Required
Size of Bond Dependent Upon the Characteristics of

the Proposed Operation and the Area
(e.g., environmentally sensitive, economic/multiple use
considerations)

Once Plan is Approved:
Must Follow Plan as Rigorously as Possible (Periodic

Inspections)
Changes in the Plan Require Formal Approval
Environmental Audits & Permit Compliance

CLEAN AIR ACT (1970, Amended 1977 & 1990)
Maintenance and improvement of air quality

State Implementation Plans (SIPs)

Classification of existing air quality

Source vs. Receptor Standards
Mandates preservation of clean air areas
National Ambient Air Quality Standards (sulfur oxides, carbon

monoxide, ozone, nitrous oxides, lead, particulates, etc.)
Toxic Provisions (1990)
Technology based standards
Prevention of Significant Deterioration Permit (PSD)

Includes major new sources or modifications of existing facilities

Must adhere to ambient air quality standards

Employ best available control technology
Avoid adverse impacts to specific areas

CLEAN WATER ACT (1972, Amended 1977 & 1987)

Objective: restore and maintain the chemical,
physical, and biological integrity of the nations water
Goals:
Elimination of the discharge of pollutants into

surface waters,
Achieve a level of water quality which
provides for the protection of fish, shellfish,
and wildlife and for recreation in and on the
water
National Policy: the discharge of pollutants in toxic

amounts will be prohibited

CLEAN WATER ACT (1972, Amended 1977 & 1987)

Improve and maintain water quality

No discharge of pollutants from point source without

permit (1972)
Established Minimum effluent standards (industry by
industry basis)
National Pollution Discharge Elimination System
Permit (NPDES)
Conventional Pollutants (1972)

Toxics (1977)
Storm water discharge (1987)
Dredge and fill, wetlands

COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT OF 1980
a.k.a. Superfund or CERCLA (amended 1986)
Private parties or government remediate imminent and

substantial environmental endangerment
Mostly related to surface or groundwater

contamination, but also hazardous waste, air and soil
contamination considered
Applicable to active or inactive property
CERCLA
Enforcement focuses on cleanup without regard to

guilt but with regard to deep pockets identify
potentially responsible party (PRP)
Natural Resource Damages
Tort action on damages, nuisance, threat of damage
Citizen suits

COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT OF 1980
New category of liability: Antecedent Environmental
Liability
Environmental problems which are a result of a

previous third partys activities, prior to current owner
or operators activities, but with liability attaching to
current owner or operator
CERCLA can be an ambush for the unsuspecting

being an owner or operator can lead to liability for
cleanup, even though you didnt cause the problem.
CERCLA Liability Avoidance

Environmental Audits
Limit Association with problem areas/properties
Limit Time with problem areas/properties
Avoid disposal of solid or liquid waste on or near
the problem area
Avoid disturbing waste, waterflow, impoundments,
and surface facilities

RESOURCE CONSERVATION AND RECOVERY ACT
Goes by the acronym of RCRA (1976, Amended 1984)
Hazardous wastes disposed of to minimize threat

(cause mortality, illness, hazard to environment)
Management requirements for all generators and

transporters
Permits for treatment, storage, and disposal
Mining wastes (low toxicity, high volume)

ENDANGERED SPECIES ACT
Conserve ecosystems and endangered species
Procedures and requirements for determination of

endangered species
Federal Wildlife Service consulted on projects
Prohibits taking (harm, harassment, hunting, etc.)

MIGRATORY BIRD TREATY ACT
Taking unlawful without authority
Originally hunting, now includes industrial activity

SURFACE COAL MINING AND RECLAMATION ACT

Referred to as SMCRA
Regulates surface mining and surface facilities at
underground mines
Post-mining land use
Approximate original contour and drainage
Topsoil removal and replacement
Segregation and special treatment of toxic materials
Bonding of reclamation cost

EMERGENCY PLANNING & COMMUNITY RIGHT TO

KNOW ACT
TOXIC SUBSTANCES CONTROL ACT
SAFE DRINKING WATER ACT
NATIONAL WILDERNESS ACT
FEDERAL MINE HEALTH AND SAFETY ACT
NATIONAL HISTORIC PRESERVATION ACT
FEDERAL NOISE CONTROL ACT
STATE RECLAMATION AND HEALTH LAWS
LOCAL ZONING
Counties and municipalities
Conditional use permits

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CHAPTER 12

MINE SAFETY & LAW

Mining has certainly changed!

Mine Safety History

In 1910 the US Bureau of Mines was

Mine Safety History

In 1966 the Coal Mine Safety Act is

Mine Safety History

CRF 30 The Regulations

Number of Fatalities and Average

Number of Fatalities (5-Year Aggregates)

Federal Coal Mine

Fatality Rate (per 100,000 workers)

current thru 12/2/2005

Causes of Fatalities &

Distribution of UG M/NM Fatalities by

Causes of Long term

Benefits of a Safe Mine

Mining & Environmental Law

Mining Law History

English Common Law (Romans)

Influenced by Many Factors

Mining is one of the oldest industries in the U.S., playing

Major Types of Land (Mineral Ownership)

The Laws Governing the Acquisition of Mineral Rights and Mining

U.S. Mining Law Development

Prior to Gold Rush (1849)

Rapid expansion of the west caused breakdown in

Mining districts formed, mining courts elected

U.S. Mining Law Development

Early mining laws were quite different in each district

There was a need to make a uniform law governing

US Mining Law Development

Mining Law of 1866

Recognized local district laws

Mining Law of 1870

Provided for Placer Claims

US Mining Law Development

Mining Law of 1872

Still in effect (well defined and still very

Provides for four types of claims

Develop and extract minerals

Use surface for mining and processing

Access across federally managed lands

Use of timber for mining

Construction of fences and gates around operations and

Construct facilities for activities including housing, but

Real property interest which may be sold, willed, etc.

Mining Law of 1872

Lode: zone of mineralized rock lying within

Maximum size 1,500 ft along strike, 300 ft each

Approximately 20 2/3 acres

Usually parallelogram, with metes and bounds survey

Parallel endlines required for extralateral rights

Mining Law of 1872

Placer: superficial deposit occupying active or ancient

20 acres/locator to maximum of 160 acres/association,

No rights to exposed lodes or extralateral extensions

Lode vs. Placer both or local

Mining Law of 1872

Right to drive 3,000 ft tunnel (adit) and claim all veins

Cylindrical area 3,000 ft x 3,000 ft