PRINTER'S NO. 3606
No. 2473 Session of 2006
INTRODUCED BY SURRA, DeWEESE, SOLOBAY, GOOD, GEORGE, BALDWIN,
BASTIAN, BEBKO-JONES, BELARDI, BELFANTI, BEYER, BIANCUCCI,
BISHOP, BUNT, BUXTON, CALTAGIRONE, CAPPELLI, CASORIO, COHEN,
CORNELL, COSTA, CRAHALLA, CRUZ, CURRY, DALEY, DALLY, DeLUCA,
DiGIROLAMO, EACHUS, FABRIZIO, FICHTER, FRANKEL, FREEMAN,
GERGELY, GOODMAN, GRUCELA, HALUSKA, HANNA, HARPER, HESS,
JAMES, JOSEPHS, W. KELLER, KENNEY, KOTIK, LaGROTTA, LEACH,
LEH, LEVDANSKY, MAJOR, MANDERINO, MANN, MARKOSEK, McCALL,
McGEEHAN, McILHATTAN, MUNDY, PALLONE, PAYNE, PETRARCA,
PETRONE, PICKETT, PISTELLA, RAMALEY, READSHAW, REED, ROEBUCK,
ROONEY, SAMUELSON, SANTONI, SATHER, SAYLOR, SCAVELLO,
SCHRODER, SHANER, SIPTROTH, STABACK, STETLER, STURLA,
TANGRETTI, E. Z. TAYLOR, J. TAYLOR, THOMAS, TIGUE, TRUE,
WALKO, WHEATLEY, WOJNAROSKI, YOUNGBLOOD, YUDICHAK AND GEIST,
FEBRUARY 27, 2006
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, FEBRUARY 27, 2006
AN ACT
1 Amending the act of July 17, 1961 (P.L.659, No.339), entitled
2 "An act relating to bituminous coal mines; amending,
3 revising, consolidating and changing the laws relating
4 thereto; providing for the health and safety of persons
5 employed in and about the bituminous coal mines of
6 Pennsylvania and for the protection and preservation of
7 property connected therewith; prescribing powers and duties
8 in connection therewith; prescribing penalties; and repealing
9 existing laws," providing for self-contained self-rescue
10 devices.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. The act of July 17, 1961 (P.L.659, No.339), known
14 as the Pennsylvania Bituminous Coal Mine Act, is amended by
15 adding a section to read:
1 Section 281.1. Self-Contained Self-Rescue Devices.--(a) A
2 self-contained self-rescue device approved by the secretary
3 shall be worn by each person underground or kept within the
4 immediate reach of the person. The device shall be provided by
5 the operator. The device shall be adequate to protect a miner
6 for one hour or longer. Each operator shall train each miner in
7 the use of the device and refresher training courses for all
8 underground employes shall be held during each calendar year.
9 (b) In addition, the operator shall provide caches of
10 additional self-contained self-rescue devices throughout the
11 mine in accordance with a plan approved by the secretary. Each
12 additional self-contained self-rescue device shall be adequate
13 to protect a miner for one hour or longer. The total number of
14 additional self-contained self-rescue devices, the total number
15 of storage caches and the placement of each cache throughout the
16 mine shall be established by the department. Intrinsically safe
17 battery-powered strobe lights shall be affixed to each cache and
18 shall be capable of automatic activation in the event of an
19 emergency. A luminescent sign with the words "SELF-CONTAINED
20 SELF-RESCUER" or "SELF-CONTAINED SELF-RESCUERS" shall be
21 conspicuously posted at each cache, and luminescent direction
22 signs shall be posted leading to each cache. Lifeline cords or
23 other similar device, with reflective material at twenty-five-
24 foot intervals, shall be attached to each cache from the last
25 open crosscut to the surface. The operator shall conduct weekly
26 inspections of each cache, the affixed strobe lights and each
27 lifeline cord or other similar device to ensure operability.
28 (c) Any person that, without the authorization of the
29 operator and the secretary, knowingly removes or attempts to
30 remove any self-contained self-rescue or battery-powered strobe
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1 light from the mine or mine site with the intent to permanently
2 deprive the operator of the device or light or knowingly tampers
3 with or attempts to tamper with the device or light commits a
4 felony of the third degree and shall, upon conviction, be
5 sentenced to pay a fine of not more than one hundred thousand
6 dollars ($100,000), or to imprisonment for not more than ten
7 years, or both.
8 (d) A wireless emergency communication device approved by
9 the secretary and provided by the operator shall be worn by each
10 person underground. The wireless emergency communication device
11 shall, at a minimum, be capable of receiving emergency
12 communications from the surface at any location throughout the
13 mine. Each operator shall train each miner in the use of the
14 device and provide refresher training courses for all
15 underground employes during each calendar year. The operator
16 shall install in or around the mine any and all equipment
17 necessary to transmit emergency communications from the surface
18 to each wireless emergency communication device at any location
19 throughout the mine.
20 (e) Any person that, without the authorization of the
21 operator and the secretary, knowingly removes or attempts to
22 remove any wireless emergency communication device or related
23 equipment from the mine or mine site with the intent to
24 permanently deprive the operator of the device or equipment or
25 knowingly tampers with or attempts to tamper with the device or
26 equipment commits a felony of the third degree and shall, upon
27 conviction, be sentenced to pay a fine of not more than one
28 hundred thousand dollars ($100,000) or to imprisonment for not
29 more than ten years, or both.
30 Section 2. This act shall take effect in 60 days.
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