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APPENDIX I. INTERAGENCY MEMORANDA OF UNDERSTANDING BETWEEN USBM, MSHA, AND NIOSH -97-
MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF MINES AND THE MINE SAFETY AND HEALTH ADMINISTRATION 1 Background and Purpose (a) On February 6. 1976, the Bureau of Mines (BOM). Department ot the In- terior and the Mining Enforcement and Safety Administration (MESA). Depart- ment of the Interior entered into a Mem- orandum of Understanding to insure full and effective use of the capabilities and resources of BOM in managing and con- ducting research and of the capabilities and resources of MESA to assist in plan- ning research and to assure maximum utilization of technologic developments resulting from mine health and safety re- search. The Federal Mine Safety and Health Act of 1977 (Mine Act). Pub. L. 91-173 as amended by Pub. L. 95-164. effective on March 9.1978. combines the protection of the health and safety of all of the Nation's miners under a single law. transfers MESA to the Department of Labor, and changes the name of MESA to the Mine Safety and Health Adminis- tration (MSHA). Department of Labor. The purpose of this revision is to substi- tute MSHA tor MESA and to execute the Memorandum between BOM and MSHA. (b) The Mine Act requires the Secre- taries of the Interior and Labor to coor- dinate activities in the field ot research. (c) The Secretary of the Interior through BOM is responsible for the management and conduct of mine hearth and safety research programs under the Mine Act. and the Secretary of Labor through MSHA is responsible for mine safety and health, assessment, and compliance, technical support, and education and training func- tions under the Mine Act. (d) Both BOM and MSHA desire to strengthen their cooperation in achieving the goal of improving the safety and health of the Nation's miners. 2. Management. Coordination, and Con- duct of Research BOM shall manage and conduct the mine safety and health research pro- grams described in this Memorandum of Understanding and shall provide overall coordination tor the mine safety and health research programs including the assessment and priontization of all re- search needs and the formulation of a balanced overall program at projected budgetary levels in a standard format. This activity shall be approved by the Director. BOM. BOM shall coordinate such activities with MSHA. Such coordi- nation shall include: (a) Establishment of explicit method- ology and criteria for defining and se- lecting research needed to solve problems identified from analysis of mine acci- dents, safety and health hazards, and standards compliance experience: (b) Joint use of the methodology to for- mulate research programs from infor- mation received from all sources including that solicited from the mining industry, labor organizations, other governmental organizations, and the academic com- munity; (c) Joint review and evaluation of on- going programs: (d) Assurance that research contrac- tors follow MSHA procedures for obtain- ing any required approvals of equipment, materials, or procedures to be1 used: (e) Joint development of strategies for the use of research results by delineating requirements for field testing and dem- onstration to validate new technology: disseminating potential use information to the mining community and or devel- oping rules and regulations for its use: (f) MSHA representation, at the re- quest of the BOM or MSHA. in preparing RFP-s and on technical evaluation com- mittees for mine health and safely re- search contracts: and (g) MSHA review, at the request of BOM or MSHA of draft final reports on mine health and'safety research con- tracts. 3. Advice and Assistance From MSHA MSHA shall provide advice and as- sistance to BOM in BOM-s management and conduct ot the mine health and safety research program referred to in this Memorandum of Understanding. Such advice and assistance shall include: (a) Information on health and safety hazards, accidents, injuries, fatality in- vestigations, compliance, and training as necessary for the purposes of research planning and evaluations; (b) Advice on both an as-identified ba- sis and on an annual budget cycle plan- ning basis of health and safety problems requiring research. Research input will be provided to BOM in a mutually agreed upon format; (c) Participation with BOM through the life cycle of research projects that impact MSHA responsibilities in developing and enforcing standards, solving compliance problems, and training. Such participa- tion may include advising, monitoring and review functions for purposes of assuring adequacy and proper timing control: (d) Coordination of activities of MSHA s research review committees with BOM-s standards input committees: (e) Advice, at the request of BOM. on health and safety aspects of mining re- search projects conducted under pro- gram! other than health and safety research; and -98-
(f) Maintenance within MSHA ol a co- ordination start for the purpose of carry- ing out the functions agreed to by MSHA herein (such staff to be fixed and ad- justed from time to time by MSHA in ac- cordance with budgetary and personnel requirements). 4. Coordination in Standards Develop- ment MSHA shall advise BOM of its plans for developing and revising standards for the purposes of allowing sufficient op- portunity for technical consultation be- tween MSHA and BOM prior to publication of such standards as proposed rulemak- ing. BOM shall advise MSHA of research results which can impact existing or pro- posed standards through input from BOM standards committees 5. Cooperative Assistance BOM shall assist MSHA in executing its regulatory responsibility by continuing such laboratory investigations and stud- ies on explosive products as are needed by MSHA in its Approval and Certification activities. MSHA shall assist BOM in its research programs by performing Ap- proval and Certification procedures on BOM-deveioped hardware. Costs for co- operative assistance efforts, such as are identified above but not limited to these two items, shall be paid by the receiving agency to the requesting agency on the basis of published fee schedules or on an actual cost-reimbursable basis as ap- propriate 6. Implementation To effectively implement this Memo- randum of Understanding, BOM and MSHA shall: (a) Conduct their responsibilities pur- suant to tnis Memorandum jointly and in a manner to minimize cost and time to meet budget and program deadlines; (b) Develop joint research strategy on the solution of mine health and safety problems. Program thrusts will be estab- lished jointly for short, intermediate, and long-term (5 years or more) objectives with program balance to be established by BOM; (c) Utilize a jointly developed meth- odology and criteria for selecting and evaluating programs and protects; (d) Exchange annual and long-range, as well as general program plans and supportive appropriations requests; (e) Utilize, to the extent possible, meetings of peer groups from both BOM and MSHA. but in any event carry out research evaluations on an annual basis by such peer groups in accordance with trie established "methodology and crite- ria"; and. (f) Identify a percentage ol available funds in each fiscal year for preemption in the event of contingencies, including, but not limited to. research of opportunity identified by MSHA. cost overruns, and research necessary to aid during mine rescue emergencies: (g) Identity key personnel responsible for coordination of information ex- changed between BOM and MSHA rel- ative to research and/or standards. Coordinators for research input to BOM will be named by MSHA. including re- search coordinators for coal, metal and nonmetal. and the special areas of ed- ucation and training and technical sup- port. Coordinators for standards input to MSHA will be named by BOM including standards coordinators for coal and metal and nonmetal mining. (h) Hold formal meetings between BOM and MSHA coordinators at least 12 months in advance of the start of BOM s budget cycle to prepare strategy papers and up- date long-term plans; (i) Develop joint issue papers, con- gressional testimony, and other docu- ments whenever appropriate. (j) BOM shall advise MSHA of deter- minations made pursuant to a written re- quest by any operator or authorized representative of miners as to whether any physical agent or equipment found or used in a mine has potentially hazard- ous safety effects at the same time and in the same manner as submitted to the operators and miners. 7. Applicability. Modification, and Ter- mination (a) This Memorandum of Understand- ing and the specific provisions contained herein shall govern the activities of BOM and MSHA pertaining to mine health and safety research and standards formula- tion affected by that research. (b) The Memorandum of Understand- ing dated February 6, 1976. shall termi- nate as of March 9. 1978, at which time lt is replaced by this Memorandum. (c) This Memorandum of Understand- ing shall remain in effect until modified or terminated by mutual consent of De- partment of Interior and Department of Labor or by operation of law. Assistant Secretary of tabor for Mine Safety and Health Department of Labor ROBERT B. LAQATHER Assisfanf SecretaryâEnergy and Minerals Department of the Interior JOAN M. DAVENPORT -99-
MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF MINES AND THE NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH I. Background The Bureau of Mines (BOM) has con- ducted mining safety and health-related research since 1910 under authority of the Organic Act of the Bureau of Mines, the Federal Metal and Nonmetallic Mine Safety Act of 1966 (P.L. 89-577). and ma Federal Coal Mine Health and Safety Act of 1969 (P.L. 91-173) (the Coal Act). The National Institute for Occupational Safety and Health (NIOSH) has con- ducted health research for mines under authority of the Coal Act and the Public Health Service Act (P.L 78-410). The Federal Mine Safety and Health Amendments Act of 1977 (P.L 95-164) (the Act) gives responsibility for mine health research to NIOSH. through the Secretary of Health, Education, and Wel- fare and responsibility for mine safety re- search to the Secretary of Intehor. who has delegated this responsibility to BOM. BOM conducts a mining technology research program and NIOSH conducts a health research program both to protect the health of miners. BOM and NIOSH have cooperated since passage of the Coal Act in conducting this research while avoiding unnecessary duplication of effort. BOM and NIOSH desire to continue to cooperate, within the guidance and congressional mandate of the Act to im- prove the Federal research effort for the protection of the safety and health of the nittion s miners. II. Points of Agreement BOM and NIOSH agree on the follow- ing: (1) General Guidelines on Research Responsibilities BOM shall conduct mining research designed to improve mine safety and to improve the environmental conditions in mines. BOM shall conduct safety and health-related research requinng exper- tise in engineering and the physical sci- ences and knowledge of mining methods, equipment and conditions. In this con- text health-related research consists of studies to identify technological attema-. lives which reduce the health hazards encountered by miners, such as design- ing health hazards out of the mining sys- tem, machine modifications to reduce worker exposure to health hazards, and control technology related to mining problems. BOM research shall be con- cerned with improving mining methods and equipment and work practices. Such research shall address both assessment of existing and development of improved control technology to improve health and safety in mines. NIOSH shall conduct occupational health research designed to prevent oc- cupational diseases originating in the mining industry. NIOSH shall conduct such research as requires expertise in medicine, industrial hygiene, toxicology, epidemiology, engineering, physical sci- ences and other health fields. NIOSH re- search shall be concerned with the examination of and protection of the health of miners, evaluation of their ex- posure to health hazards and the devel- opment of Improved industrial hygiene, environmental health methodology. NIOSH shall be concerned with assess- ment of existing control technology as required to make recommendations for improved health regulations. (2) Activities Under the Act BOM shall conduct directly or by grants or contracts, such studies, research, ex- periments, and demonstrations as may be appropnate. (a) to improve working conditions and practices, to prevent injurious ac- cidents, and to improve environ- mental conditions in mines: (b) to develop .new and improved de- vices and technology to measure environmental conditions in mines: (c) to develop new or improved meth- ods for recovering persons in mines after accidents: (d) to develop new or improved means and methods of communication from the surface to the under- ground area of a mine: (e) to develop new or improved means and methods of reducing concen- trations of respirable dust in the mine atmosphere of active work- ings of mines: (f) to develop new and improved un- derground equipment and other sources of power for such equip- ment which will provide greater safety: (g) to determine upon the written re- quest by any operator or author- ized representative of miners, specifying with reasonable partic- ularity the grounds upon which such request is made, whether any agent or equipment found or used In a mine presents a potential safety hazard, and shall submit such determinations to both the operators and miners as soon as possible; and (h) for such other purposes as nec- essary to carry out the intent of the Act. NIOSH shall conduct directly or by grants or contracts, such studies, re- -100-
search, experiments, and demonstra- tions as may be appropnate. (a) to improve working conditions and practices to prevent occupational diseases in the mining industry; (b) to develop epidemiologic informa- tion to identity and define positive factors involved in occupational diseases of miners, provide infor- mation on the incidence and prev- alence of pneumoconiosis and other occupational diseases of miners, and improve mandatory health standards: (c) to develop techniques and devices for the prevention and control of occupational diseases of miners, including, but not limited to. respi- ratory protection, tests for hyper- susceptibility and for early detection; (d) to evaluate bodily impairment and occupational disability in miners afflicted with an occupational dis- ease: (e) to develop new or improved meas- urement methods for the determi- nation ol levels of physical and chemical agents in mines; (f) to prepare and publish from time to time reports on all significant aspects of occupational diseases of miners as well as on the medical aspects of injuries: (g) to study the relationship between mine environments, recommended changes in work practices and oc- cupational diseases of miners: (h) to determine upon the written re- quest by an operator or authorized representative of miners, specify- ing with reasonable particularity the ground upon which such re- quest is made, whether any sub- stance normally found in a mine has potentially toxic effects in the concentrations normally found in the mine, or whether any physical agent found or used in mines has potentially hazardous health ef- fects, and shall submit such deter- minations to both the operators and miners as soon as possible: and (i) lor such other purposes as nec- essary to carry out the intent of the Act. (3) Implementation To effectively implement this agree- ment. BOM and NIOSH shall: (a) Identify personnel responsible for coordination, information ex- change and addressing issues of immediate concern. (b) Hold meetings at approximate 6 month intervals, but not less than annually, for exchange of research plans and results, identification and discussion of research in mine health and safety that may impact ⢠the responsibility of the other agency, identification of any poten- tial duplication of research effort. and discussion of any other mat- ters ol concern to both agencies. (c) Coordinate in development of plans for activity related to mine health and safety. Coordination on re- search, hazard evaluation and other issues of immediate concern may be through one or several persons. as appropnate. (d) Exchange annual and long range plans for mine health and safety research. (e) Coordinate research projects in special areas where the responsi- bilities ol each agency partially overlap. These areas include: (1) Development ol devices and techniques for measurement ol environmental conditions in mines: (2) Characterization ol the mine environment: (3) Ergonomics; (4) Assessment ol existing control technology; (5) Other areas which may be identified later. Research personnel in each of these special areas will be identi- fied and efforts will be made to de- velop improved direct communication between them. As- sistance may be given in prepa- ration ol work statements, evaluation ol proposals and moni- toring ol contracts in these special research areas and joint funding may also be considered. Such as- sistance will be given at the request of the Other agency, contingent upon the availability of personnel and funds. (f) Coordinate in performing hazard evaluation by: (1) Exchanging information and assistance as appropriate to provide effective response to hazard evaluation requests. (2) Forwarding hazard evaluation requests that fall within the other organization's scope ol concern. (3) Coordinating response and designating the lead organi- zation for hazard evaluation requests containing both safety and health aspects. (4) Making requests for assistance in hazard evaluations in writing except in emergencies, when an oral request will be followed by a written request. Requests will provide specific back- ground, details, and purpose of assistance requested. (5) Providing copies ol all com- pleted hazard evaluation re- ports to a designated person on the other organization. (4) Applicability, Modification and Ter- mination The intent of this agreement and the specific provisions contained herein shall govern the activities of BOM and NIOSH pertaining to mine health and safety re- search. This agreement shall become effective upon signature by both parties, and may be modified or terminated by mutual consent, or by either party upon 30 days written notice to the other. J. MICHAEL LANE. M.D. Acting Director. National Institute for Occupational Health and Safety John D. Morgan, Jr. Acting Director, Bureau of Mines -101-
MEMORANDUM OF UNDERSTANDING BETWEEN THE MINE SAFETY AND HEALTH ADMINISTRATION AND THE NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH This Memorandum of Understanding is entered into the 4th day of May 1978, between the Mine Safety and Health Administration, Department of Labor (MSHA), and the National Institute for Occupational Safety and Health, Department of Health, Education, and Welfare (NIOSH). The purpose of this memorandum is to set forth an understanding between MSHA and NIOSH for consultation, coordination, and cooperation in ef- fectively and efficiently carrying out their respective safety and health functions under the Mine Safety and Health Act of 1977, P. L. 91-173 as amended by P. L. 95-164. MSHA and NIOSH, therefore, agree to the follow- ing: A. Identification of Toxic Materials and Agents Found in Mines 1. NIOSH, with the assistance of MSHA, shall identify toxic materials and harmful physical agents used or found in mines and develop a program for determining if these materials or agents are potentially toxic or harmful at the concentrations or levels at which they are used or found in mines. 2. MSHA shall make available to NIOSH any MSHA reliable data on concentrations or levels of toxic materials and harmful physical agents used or found in mines for use with other information NIOSH may obtain or evolve during its identi- fication program described in (1) above. B. Development of Mine Health Criteria 1. NIOSH shall consult with MSHA to establish the priorities for criteria development for toxic materials and physical agents. 2. NIOSH shall consult with MSHA on all parameters to be con- sidered in the development of criteria for each toxic material and physical agent. 3. NIOSH shall submit determinations with respect to toxic materials or substances and physical agents to MSHA. NIOSH also shall submit all pertinent criteria regarding any material or substance determined to be toxic or harmful agents as the criteria are developed. -102-
C. Development of Mine Health Standards 1. MSHA shall advise NIOSH, as far in advance as possible, of the schedule of the rulemarking process for developing standards for toxic materials and harmful physical agents. 2. NIOSH shall appoint one or more coordinators to serve as liaison for NIOSH technical assistance to MSHA in the preparation and review of standards prior to and during the rulemaking process. The coordinator shall be available to address technical health-related issues raised during the rulemaking process. 3. NIOSH shall provide, where possible, expert technical witnesses in support of MSHA in public meetings, adminis- trative hearings, court litigations and other legal actions involving toxic materials and harmful physical agents. D. Testing and Certification 1. Devices for the measurement of respirable dust, toxic materials and harmful physical agents, as well as personal protective equipment for use in the mining industry, shall be certified jointly by NIOSH and MSHA. Examination, in- spection and testing for performance of such devices and equipment shall be conducted by NIOSH, and examination, in- spection and testing for permissibility shall be performed by MSHA. 2. NIOSH shall provide technical assistance to MSHA in identifying toxic substances and the degree of hazard of products sub- mitted to MSHA for acceptance for use in mines. MSHA shall provide NIOSH with the necessary technical information and chemical identification of the products and the ingredients of the products. E. Health Hazard Evaluation and Interaction with Compliance NIOSH shall respond to Health Hazard Evaluation (HHE) requests under the authority of Section 501(a)(ll) of the Act. Any HHE requests received by MSHA personnel shall be sent by MSHA to a NIOSH repre- sentative designated by the Director, NIOSH. To obtain details re- garding any request, NIOSH shall contact MSHA, the representative of the miner and the mine operator, as appropriate, when initiating an HHE. NIOSH shall coordinate field activities with MSHA in each mine for which a NIOSH HHE has been requested. A copy of the draft HHE report shall be transmitted to MSHA for timely comment on conflict between NIOSH rec- ommendations and MSHA regulations. One or more copies of the final report shall be sent to a designated person in MSHA. -103-
F. Field Technical Assistance NIOSH shall provide, where possible, technical assistance and supportive field investigations to MSHA. Requests shall be made in writing in all cases, except oral requests in an emergency shall immediately be acted upon by NIOSH and followed up by a written request from MSHA. Each re- quest shall contain sufficient information for NIOSH to develop a study protocol which includes the basis for the request; the details and results of the MSHA investigation the request is based on; the specific nature and extent of assistance requested; the purpose of the assistance; any con- straints imposed by pending or contemplated legal or quasi-legal actions; any other information which might aid NIOSH in developing its response to the request. Coordination of requests shall be made through the Assistant Secretary of Labor for Mine Safety and Health, and the Director, NIOSH, or their designees. G. Training NIOSH shall, depending upon the availability of resources, provide assistance to MSHA in performing MSHA's training and education responsibilities under the Act. MSHA shall provide assistance to NIOSH in training NIOSH personnel for work in mines. The procedures for and form of such mutual assistance shall be specifically agreed to in each instance. H. Research - Health Effects 1. NIOSH shall conduct long-term field studies embracing retrospective and prospective epidemiology necessary for evaluating suspected causes of occupationally-related diseases in the mining industry. Such epidemiologic studies may include medical examination, mortality and morbidity sta- tistical surveys and evaluations of applicable working environ- ments. Depending upon the availability or resources, MSHA shall provide assistance to NIOSH in the performance of these studies. 2. NIOSH shall conduct laboratory studies on the toxicity or physiological effects of physical agents, minerals, mineral products, or substances encountered in the mining industries. I. Meetings Meetings of NIOSH and MSHA personnel designated by the Assistant Secretary for Mine Safety and Health, and the Director, NIOSH, will be held bi-monthly, or more often as needed, to discuss progress and direction of work related to the technical work groups and surveys. Policy level meetings will be convened on a quarterly basis or more often as needed. -104-
The Assistant Secretary of Labor for Mine Safety and Health or his designee will attend and participate in all meetings of the Mine Health Research Advisory Committee established under Section 102(b) of the Act. The Director of NIOSH or his designee will attend and participate in all meetings of mine health advisory committees established under Section 102(c) of the Act. ROBERT B. LAGATHER Assistant Secretary for Mine Safety and Health Department of Labor JULIUS B. RICHMOND Assistant Secretary for Health Department of Health, Education, and Welfare -105-
