We have all been affected by COVID-19 and companies have had to adjust business as usual to continue operations. With things seemingly changing on a daily basis, we wanted to gain some certainty on how COVID may impact Annual Compliance for operators. This briefing will share information gained from calls to the Division of Mine Reclamation (DMR), State Mining and Geology Board (SMGB) and a sample of Lead Agencies. The main take-away from our conversations with regulators is Plan and Plan Early!
Annual Reports to DMR by July 1, 2020.
A call to DMR revealed that under current conditions, there will be no relaxation of the July 1, 2020 deadline. To avoid submitting information late, because of unforeseeable delays due to COVID, the recommendation is to start planning earlier than later.
The advice from DMR was to submit the Annual Report by the July 1, 2020 date even if the Lead Agency has not provided a copy of the annual inspection report. In addition, if the lead agency is unable to perform the 2020 annual inspection within 12 months of the prior inspection, DMR emphasizes operators prepare a FACE and submit it to the Lead Agency and subsequently provide a copy of the first page of the estimate to DMR. (SMARA Section 2717 (b) 3 & Section 2773.4 (d) A & B)
Annual Reports to Lead Agencies: Many Lead Agencies require several reports from technical experts to be submitted in addition to the forms submitted to DMR. It is important to start planning for this now to ensure that company-specific safety measures can be complied with if site visits by these experts are necessary. We suggest reviewing safety measures with those individuals prior to them arriving on-site. At the end of this article is a list of safety procedures to consider, in addition to company-specific protocols, when working with consultants visiting the site.
Annual Inspections
Calls to several lead agencies regarding their plans for conducting inspections during COVID resulted in a variety of responses. If a lead agency, like San Bernardino County, conducts inspections with one individual, no delays in their inspection schedules were expected. However, a call to Irwindale was a different story. Inspections by this lead agency can include up to 8 individuals. As a result, they were unsure of how COVID would impact their inspection schedule and are in the process of evaluating how to move forward. All other lead agencies contacted that conduct the inspection in a similar fashion were also in the same process of evaluation.
Recently an operator was faced with a lead agency inspection that arrived with more than 3 individuals. This agency wanted to perform the inspection in a caravan of cars with each person in their own vehicle. To ensure the safety of the caravan, the lead agency requested that the operation shut down during the inspection. To avoid being asked to shut down, we again suggest operators plan and plan early. In addition, reach out to the lead agency to plan for inspections and discuss safety protocols.
Calls to the State Mining and Geology Board also revealed they were in the planning stages and hoped to provide an advisory to lead agencies and operators soon. They suggest signing up for their e-Blast News List at: (https://www.conservation.ca.gov/smgb) or check their website regularly.
Suggested Efforts to Plan for Inspections and other Annual Compliance During COVID
1. Reach out the Lead Agency before the inspection to discuss the following.
a. To comply with social distancing requirements, it is advised there be one person per vehicle.
b. If more than one person is planning to attend the inspection, suggest staggering visits to allow for minimal vehicles driving through an active operation.
c. Ensure the lead agency staff and associated individuals come to the inspection with their own personal protective equipment (PPE) including hard hat, safety vest, safety glasses, gloves and face mask (PPE) if required.
d. There can be no sharing of pens, clipboards and other items.
e. Bring own hand sanitizer.
2. Many, if not all, companies have adopted a tailgate COVID safety procedure with employees. It is advised that this same procedure be performed with anyone visiting the site to perform tasks for the inspection.
We would also like to include some helpful resources:
MSHA and Inspections:
https://www.msha.gov/msha-response-covid-19
MSHA recognizes that some mining operations are not running at full capacity and have limited crews working. If a mine operator alerts MSHA to changes in production at a site, MSHA will, to the extent possible, limit the number of inspectors sent to that mine for a regular inspection proportional to the mine’s continuing operations.
OSHA: https://www.osha.gov/SLTC/covid-19/standards.html
Tools & Checklists: https://www.unitedcontractors.org/media-center/latest-news/3-news/1325-covid-19-resources