Federal Register: October 23, 2008 (Volume 73, Number 206)
DOCID: fr23oc08-23 FR Doc E8-25380
DEPARTMENT OF LABOR
Mine Safety and Health Administration
CFR Citation: 30 CFR Parts 56, 57, and 66
RIN ID: RIN 1219-AB41
NOTICE: PROPOSED RULES
DOCID: fr23oc08-23
ACTION: Alcohol- and Drug-Free Mines:
DOCUMENT ACTION: Proposed rule; notice of public hearing; extension of comment period.
SUBJECT CATEGORY:
Alcohol- and Drug-Free Mines: Policy, Prohibitions, Testing, Training, and Assistance
DATES: All comments must be received by midnight Eastern Daylight Savings Time on November 10, 2008.
MSHA will hold a public hearing on October 28, 2008. The SUPPLEMENTARY INFORMATION section of this notice includes details of the hearing.
DOCUMENT SUMMARY:
The Mine Safety and Health Administration (MSHA) will hold an additional public hearing on its proposed rule to amend the existing metal and nonmetal standards for the possession and use of intoxicating beverages and narcotics and make the new standard applicable to all mines. The proposed rule would also require those who violate the prohibitions to be removed from the performance of safetysensitive job duties until they successfully complete the recommended treatment and their alcohol and drugfree status is confirmed by a returntoduty test.
SUMMARY:
Policy, Prohibitions, Testing, Training, and Assistance,
SUPPLEMENTAL INFORMATION
I. Background
On September 8, 2008 (73 FR 52136), MSHA published a proposed rule
in the Federal Register that would amend the existing metal and nonmetal standards
[[Page 63111]]
concerning the use of intoxicating beverages and narcotics and would
make the new standard applicable to all mines. On September 26, 2008
(73 FR 55800), MSHA published a document extending the comment period.
The proposed rule would designate the substances that cannot be
possessed on mine property or used while performing safetysensitive
job duties, except when used according to a valid prescription. Mine
operators would be required to establish an alcohol and drugfree mine
program, which includes a written policy, employee education,
supervisory training, alcohol and drugtesting for miners that perform
safetysensitive job duties and their supervisors, and referrals for
assistance for miners and supervisors who violate the policy. The
proposed rule would also require those who violate the prohibitions to
be removed from the performance of safetysensitive job duties until
they successfully complete the recommended treatment and their alcohol and drugfree status is confirmed by a returntoduty test.
MSHA held a public hearing on October 14, 2008 and persons made presentations via Webcast in Washington, DC, Pittsburgh, PA, and Englewood, CO. Additionally, persons made presentations via audio in Birmingham, AL, Beckley, WV, Madisonville, KY, and Price, UT. In response to further requests, MSHA is holding an additional hearing. II. Public Hearing
MSHA will hold a public hearing on the proposed rule. The public
hearing will begin at 9 a.m. Eastern Daylight Savings Time (EDST).
Persons can make presentations via audio at three locations. The
hearing will end at 5 p.m. EDST, or after the last speaker speaks. The
hearing will be held on the following date at the locations and times indicated:
Contact
Date Location information
October 28, 2008................. Via Audio: 9:00 a.m. Office of
Eastern Daylight Standards,
Savings Time. The Regulations
National Mine and Variances,
Health and Safety 2026939440. Academy, 1301
Airport Road,
Beckley, WV 25813.
October 28, 2008................. Via Audio: 8:00 a.m. Office of
Central Daylight Standards,
Savings Time. Regulations
Sheraton Birmingham and Variances,
Hotel, 2101 Richard 2026939440. Arrington Jr. Blvd.
N, Medical Forum
Auditorium,
Birmingham, Alabama
35203.
October 28, 2008................. Via Audio: 8:00 a.m. Office of
Central Daylight Standards,
Savings Time. Regulations
United Steelworkers and Variances,
Local Union
Street North,
Virginia, Minnesota
55792.
The MSHA panel will be located at the Agency's Arlington headquarters
at 1100 Wilson Boulevard, 25th floor in Arlington, Virginia. Persons
will need an ID to enter all locations and may be subject to a security check.
The hearing will begin with an opening statement from MSHA, followed by an opportunity for members of the public to make oral presentations. Requests to speak at the hearing should be made prior to the hearing date. Requests to speak may be made by telephone (202693 9440), facsimile (2026939441), electronic mail zzMSHA comments@dol.gov or mail (MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209 3939). Because members of the public will be able to make oral presentations via audio at several locations, for scheduling purposes, MSHA strongly encourages all parties wishing to speak to notify the Agency in advance.
Any unallocated time at the end of the hearing will be made available to persons making sameday requests to speak. Sameday requestors will speak in the order that they sign in at the hearing. At the discretion of the presiding official, the time allocated to each speaker for their presentation may be limited. Speakers and other attendees may also present information to the MSHA panel for inclusion in the rulemaking record.
The hearing will be conducted in an informal manner. Formal rules of evidence and cross examination will not apply. The hearing panel may ask questions of speakers. Speakers may ask questions of the hearing panel. MSHA will make a transcript of the hearing, post it on MSHA's Web site http://www.msha.gov, and include it in the rulemaking record. A link to the complete audio recording will be placed on MSHA's Web site several days after the hearing.
MSHA will accept posthearing written comments and data for the
record from any interested party, including those not presenting oral
statements, by midnight Eastern Daylight Savings Time on November 10, 2008.
Dated: October 20, 2008.
Richard E. Stickler,
Acting Assistant Secretary for Mine Safety and Health.
[FR Doc. E825380 Filed 102108; 11:15 am]
BILLING CODE 451043P
FOR FURTHER INFORMATION CONTACT
Patricia W. Silvey, patricia.silvey@dol.gov (Email), 2026939440 (Voice).