HOUSE AMENDED
        PRIOR PRINTER'S NOS. 1675, 1685, 1710,        PRINTER'S NO. 2050
        1744, 1921

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 949 Session of 2008


        INTRODUCED BY KASUNIC, MUSTO, M. WHITE, STOUT, A. WILLIAMS,
           MELLOW, LAVALLE, COSTA, D. WHITE, BOSCOLA, BAKER, BROWNE,
           FOLMER, FONTANA, GORDNER, KITCHEN, LOGAN, MADIGAN, ORIE,
           RAFFERTY, STACK, TARTAGLIONE, WASHINGTON, WAUGH, WONDERLING,
           WOZNIAK AND REGOLA, JANUARY 11, 2008

        AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
           MAY 13, 2008

                                     AN ACT

     1  Providing for bituminous coal mines; and making a repeal.

     2                         TABLE OF CONTENTS
     3  Chapter 1.  Preliminary Provisions
     4  Section 101.  Short title.
     5  Section 102.  Application.
     6  Section 103.  Findings and purpose.
     7  Section 104.  Definitions.
     8  Section 105.  Powers and duties of department.
     9  Section 106.  Board of Coal Mine Safety.
    10  Section 106.1.  Rulemaking.
    11  Section 106.2.  Emergency shelters and chambers.
    12  Section 106.3.  Notice to operators and miners.
    13  Section 106.4.  Standards for surface facilities.
    14  Section 107.  Safety issues.


     1  Section 108.  Inspections.
     2  Section 109.  Accidents.
     3  Section 110.  Mine officials' certification.
     4  Section 111.  Classification of mines as gassy.
     5  Section 112.  Reports.
     6  Section 113.  Mine rescue program.
     7  Section 114.  Direction of mine rescue work.
     8  Section 115.  Recovery of funds.
     9  Section 116.  Mine Safety Fund.
    10  Section 117.  Bituminous mine inspector.
    11  Section 118.  Bituminous mine electrical inspector.
    12  Section 119.  Availability of mine maps.
    13  Section 120.  Mine map repository.
    14  Section 121.  Applicability.
    15  Chapter 2.  General Requirements for Underground Bituminous
    16                 Mines
    17  Section 201.  General safety requirements.
    18  Section 202.  Qualifications for certification.
    19  Section 203.  Emergency use of mine examiner as assistant
    20                 mine foreman.
    21  Section 204.  Certification of miners.
    22  Section 205.  Qualifications for certification as miners.
    23  Section 206.  Issuance of miners' certificates.
    24  Section 207.  Certification of mining machine operators
    25                 and shot-firers.
    26  Section 208.  Employment of mine foremen.
    27  Section 209.  Employment of mine electricians.
    28  Section 210.  Employment of assistant mine foremen.
    29  Section 211.  Ventilation responsibilities of mine foreman.
    30  Section 212.  Mine foreman's responsibility for working
    20080S0949B2050                  - 2 -     

     1                 place safety.
     2  Section 213.  Mine foreman's responsibilities for blasting.
     3  Section 214.  Mine foreman's responsibilities for drainage.
     4  Section 215.  Mine foreman's responsibility for employment of
     5                 competent persons.
     6  Section 216.  Mine foreman's responsibilities for inspections
     7                 and reports.
     8  Section 217.  Employment of mine examiners.
     9  Section 218.  Duties of mine examiners.
    10  Section 219.  Management of mine.
    11  Section 220.  Duties of superintendent.
    12  Section 221.  Qualifications and general responsibility of
    13                 superintendent.
    14  Section 222.  Danger signs.
    15  Section 223.  Supply of record books.
    16  Section 224.  Mapping requirements and surveying standards.
    17  Section 225.  Availability of copy of map.
    18  Section 226.  Excavations on map.
    19  Section 227.  Furnishing copies of maps.
    20  Section 228.  Duties upon abandonment of mine.
    21  Section 229.  Survey by department.
    22  Section 230.  Ventilation requirements.
    23  Section 231.  Crosscuts and stoppings.
    24  Section 232.  Overcasts and undercasts.
    25  Section 233.  Line brattice.
    26  Section 234.  Auxiliary blowers and fans.
    27  Section 235.  Unused and abandoned parts of mines.
    28  Section 236.  Sewage dumping prohibited.
    29  Section 237.  Fans.
    30  Section 238.  Measurement of methane.
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     1  Section 239.  Control of coal dust and rock dusting.
     2  Section 240.  Instruction of employees and examination of
     3                 working areas.
     4  Section 241.  Roof support.
     5  Section 242.  Authorized explosives.
     6  Section 243.  (Reserved).
     7  Section 244.  Underground storage of explosives.
     8  Section 245.  Preparation of shots, blasting practices and
     9                 multiple shooting.
    10  Section 246.  Transportation of explosives.
    11  Section 247.  Electrical shot-firing.
    12  Section 248.  General shot-firing rules.
    13  Section 249.  Hoisting equipment and operations.
    14  Section 250.  Bottom person.
    15  Section 251.  Number of individuals to be hoisted.
    16  Section 252.  Top person.
    17  Section 253.  Use of competent hoist operators.
    18  Section 254.  Clearances and shelter holes.
    19  Section 255.  Underground haulage equipment.
    20  Section 256.  Operation of haulage equipment.
    21  Section 257.  Trip rider and bottom individual on rope
    22                 haulage.
    23  Section 258.  Transportation of individuals.
    24  Section 259.  Conveyor belts and conveyor equipment.
    25  Section 260.  Blowtorches and fuel.
    26  Section 261.  Oxygen and gas containers.
    27  Section 262.  Transportation of oxygen and gas.
    28  Section 263.  Storage of oxygen and gas.
    29  Section 264.  Use of oxygen and gas.
    30  Section 265.  Duties of individuals subject to this act.
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     1  Section 266.  Protective clothing.
     2  Section 267.  Checking systems.
     3  Section 268.  Prohibitions regarding endangering security of
     4                 mine.
     5  Section 269.  Responsibility for care and maintenance of
     6                 equipment.
     7  Section 270.  Control of dust and other inhalation hazards.
     8  Section 271.  Safeguards for mechanical equipment.
     9  Section 272.  First aid equipment.
    10  Section 273.  Fire protection.
    11  Section 274.  Mine openings or outlets.
    12  Section 275.  Mining close to abandoned workings.
    13  Section 276.  Lubrication and storage of flammable lubricants.
    14  Section 277.  Approved lighting and gas detection devices in
    15                 mines.
    16  Section 278.  Unauthorized entry into mine.
    17  Section 279.  Passing by or removing danger signs.
    18  Section 280.  Miners to remain in work areas.
    19  Section 281.  Sealing openings.
    20  Section 282.  Ladders in mines.
    21  Section 283.  Inside structures to be of incombustible
    22                 materials.
    23  Section 284.  Washhouses.
    24  Chapter 3.  Electrical Equipment
    25  Section 301.  Duties of mine foreman and superintendent.
    26  Section 302.  Definitions.
    27  Section 303.  Plan of electrical system.
    28  Section 304.  Protection against shock.
    29  Section 305.  Restoration from shock.
    30  Section 306.  Report of defective equipment.
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     1  Section 307.  Damage or alteration to mine electrical system.
     2  Section 308.  Capacity.
     3  Section 309.  Joints in conductors.
     4  Section 310.  Cables entering fittings.
     5  Section 311.  Switches, fuses and circuit breakers.
     6  Section 312.  Lightning protection.
     7  Section 313.  Underground power supply.
     8  Section 314.  Storage battery equipment.
     9  Section 315.  (Reserved).
    10  Section 316.  Electrical equipment.
    11  Section 317.  Inspection of equipment.
    12  Section 318.  Stationary motors.
    13  Section 319.  Permanent underground installation.
    14  Section 320.  Underground illumination.
    15  Section 321.  Telephones and signaling.
    16  Section 322.  Grounding.
    17  Section 323.  Voltage limitation.
    18  Section 324.  Incoming feeder-disconnect switches.
    19  Section 325.  Bonding.
    20  Section 326.  Trolley installation.
    21  Section 327.  Connections to trolley.
    22  Section 328.  Guarding.
    23  Section 329.  Locomotives.
    24  Section 330.  Outdoor substation.
    25  Section 331.  High-voltage underground transmission system.
    26  Section 332.  Load center.
    27  Section 333.  Distribution centers.
    28  Section 334.  Mandatory safety components of electrical
    29                 equipment.
    30  Section 335.  High-voltage longwalls.
    20080S0949B2050                  - 6 -     

     1  Section 336.  Longwall electrical protection.
     2  Section 337.  Longwall disconnect switches.
     3  Section 338.  Guarding of longwall cables.
     4  Section 339.  Longwall cable-handling and support systems.
     5  Section 340.  Use of longwall insulated cable handling
     6                 equipment.
     7  Section 341.  Maintenance.
     8  Section 342.  High-voltage longwall mining systems.
     9  Section 343.  Longwall electrical work.
    10  Section 344.  Testing, examination and maintenance of longwall
    11                 equipment.
    12  Section 345.  (Reserved).
    13  Section 346.  (Reserved).
    14  Section 347.  (Reserved).
    15  Section 348.  (Reserved).
    16  Section 349.  (Reserved).
    17  Section 350.  Equipment approvals.
    18  Chapter 4.  Diesel-powered Equipment
    19  Section 401.  Underground use.
    20  Section 402.  Diesel-powered equipment package.
    21  Section 403.  Exhaust emissions control.
    22  Section 404.  Ventilation.
    23  Section 405.  Fuel storage facilities.
    24  Section 406.  Transfer of diesel fuel.
    25  Section 407.  Containers.
    26  Section 408.  Fire suppression for equipment and transportation.
    27  Section 409.  Fire suppression for storage areas.
    28  Section 410.  Use of certain starting aids prohibited.
    29  Section 411.  Fueling.
    30  Section 412.  Fire and safety training.
    20080S0949B2050                  - 7 -     

     1  Section 413.  Maintenance.
     2  Section 414.  Records.
     3  Section 415.  Duties of equipment operator.
     4  Section 416.  Schedule of maintenance.
     5  Section 417.  Emissions monitoring and control.
     6  Section 418.  Diagnostic testing.
     7  Section 419.  Exhaust gas monitoring and control.
     8  Section 420.  Training and general requirements.
     9  Section 421.  Equipment-specific training.
    10  Section 422.  Diesel mechanic training.
    11  Section 423.  Operation of diesel-powered equipment.
    12  Section 424.  Technical advisory committee.
    13  Chapter 5.  Enforcement and Remedies
    14  Section 501.  Enforcement orders and duty to comply.
    15  Section 502.  Restraining violations.
    16  Section 503.  Administrative penalties.
    17  Section 504.  Unlawful conduct.
    18  Section 505.  Criminal penalties.
    19  Section 506.  Inspections.
    20  Section 507.  Intervention.
    21  Section 508.  Limitation of action.
    22  Section 509.  Relation to permit.
    23  Section 510.  Certification actions.
    24  Section 511.  Withdrawal of certification.
    25  Chapter 6.  Emergency Medical Personnel
    26  Section 601.  Definitions.
    27  Section 602.  Emergency medical personnel.
    28  Section 603.  Regulations for training and certification.
    29  Section 604.  First aid training of mine employees.
    30  Section 605.  Continuing training.
    20080S0949B2050                  - 8 -     

     1  Section 606.  Regulations.
     2  Section 607.  Certification.
     3  Section 608.  Liability.
     4  Section 609.  Equivalent training.
     5  Chapter 7.  Safety Zones
     6  Section 701.  Establishment.
     7  Section 702.  Written authorization.
     8  Section 703.  Pillar recovery.
     9  Section 704.  Proof of rock cover.
    10  Section 705.  Verification.
    11  Section 706.  Approval or disapproval of plans.
    12  Section 707.  Notice.
    13  Section 708.  Entombed workmen.
    14  Chapter 31.  Miscellaneous Provisions
    15  Section 3101.  Repeals.
    16  Section 3102.  Effective date.
    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19                             CHAPTER 1
    20                       PRELIMINARY PROVISIONS
    21  Section 101.  Short title.
    22     This act shall be known and may be cited as the Bituminous
    23  Coal Mine Safety Act.
    24  Section 102.  Application.
    25     This act shall apply to all underground bituminous coal mines
    26  in this Commonwealth, including all of the following:
    27         (1)  The construction, operation, maintenance and sealing
    28     of underground bituminous coal mines.
    29         (2)  The operators of underground bituminous coal mines.
    30         (3)  All individuals at underground bituminous coal
    20080S0949B2050                  - 9 -     

     1     mines.
     2  Section 103.  Findings and purpose.
     3     (a)  Findings.--The General Assembly finds that it is in the
     4  public interest to establish a comprehensive scheme to protect
     5  the lives, health and safety of those who work at mines in this
     6  Commonwealth. This comprehensive scheme shall address all of the
     7  following:
     8         (1)  The first priority and concern of all in the
     9     bituminous coal mining industry must be the health and safety
    10     of those who work in and at mines and others in and about
    11     mines.
    12         (2)  Deaths and injuries from unsafe and unhealthful
    13     conditions and practices at underground bituminous coal mines
    14     cause grief and suffering to miners and their families.
    15         (3)  The efforts of mine operators, miners and the
    16     Commonwealth, through the Department of Environmental
    17     Protection, have over time significantly reduced the
    18     occurrence of deaths and injuries in the underground
    19     bituminous coal mining industry. This reduction in deaths and
    20     injuries is due, in part, to the safety standards under the
    21     act of July 17, 1961 (P.L.659, No.339), known as the
    22     Pennsylvania Bituminous Coal Mine Act, and the grant of
    23     authority to the department to approve underground bituminous
    24     coal mining activity and equipment.
    25         (4)  The Pennsylvania Bituminous Coal Mine Act is
    26     becoming outdated and lacks an effective mechanism to modify
    27     existing standards and to adopt new standards.
    28         (5)  The Commonwealth must maintain a strong, independent
    29     mine safety program.
    30         (6)  The operators at underground bituminous coal mines,
    20080S0949B2050                 - 10 -     

     1     with the assistance of certified miners and mine officials
     2     have the primary responsibility to prevent the existence of
     3     unsafe and unhealthful conditions at underground bituminous
     4     coal mines.
     5         (7)  Underground bituminous coal mining is highly
     6     specialized, technical and complex and requires frequent
     7     review, refinement and improvement of standards to protect
     8     the health and safety of miners.
     9         (8)  The formulation of appropriate rules and practices
    10     to improve health and safety and to provide increased
    11     protection of miners can be accomplished more effectively by
    12     individuals who have experience and expertise in underground
    13     bituminous coal mining and underground bituminous coal mine
    14     health and safety.
    15         (9)  Mine safety is enhanced through a rigorous program
    16     for training and certifying individuals to work at mines in
    17     this Commonwealth.
    18         (10)  It is imperative that the department have the
    19     capability to coordinate and assist rescue operations in
    20     response to accidents at underground bituminous coal mines.
    21         (11)  It is in the public interest to encourage the
    22     underground bituminous coal mining industry to establish,
    23     maintain and support mine rescue teams and other emergency
    24     response capabilities.
    25     (b)  Purpose.--It is the purpose of this act to do all of the
    26  following:
    27         (1)  To use the full extent of the Commonwealth's powers
    28     to protect the lives, health and safety of miners and others
    29     in and about underground bituminous coal mines.
    30         (2)  To establish and promulgate improved mandatory
    20080S0949B2050                 - 11 -     

     1     health and safety standards to protect the health and safety
     2     of miners and others in and about underground coal mines in
     3     this Commonwealth.
     4         (3)  To establish a rulemaking process that enables the
     5     expeditious updating of the interim mandatory health and
     6     safety standards established under this act and to otherwise
     7     protect the health, safety and welfare of miners and others
     8     in and about mines.
     9         (4)  To require that operators at underground bituminous
    10     coal mines and every individual at every mine comply with
    11     these standards.
    12         (5)  To improve and expand research, development and
    13     training programs aimed at preventing underground bituminous
    14     coal mine accidents and occupationally caused diseases in the
    15     industry.
    16         (6)  To enable the Commonwealth to respond as necessary
    17     and appropriate to accidents and other emergencies at
    18     underground bituminous coal mines.
    19  Section 104.  Definitions.
    20     The following words and phrases when used in this act shall
    21  have the meanings given to them in this section unless the
    22  context clearly indicates otherwise:
    23     "Abandoned workings."  Excavations, either caved or sealed,
    24  that are deserted and in which further mining is not intended.
    25     "Accident."  An unanticipated event, including any of the
    26  following:
    27         (1)  A death of an individual at a mine.
    28         (2)  An injury to an individual at a mine, which has a
    29     reasonable potential to cause death.
    30         (3)  An entrapment of an individual at a mine which has a
    20080S0949B2050                 - 12 -     

     1     reasonable potential to cause death or serious injury.
     2         (4)  An unplanned inundation of a mine by a liquid or
     3     gas.
     4         (5)  An unplanned ignition or explosion of gas or dust.
     5         (6)  An unplanned mine fire not extinguished within ten
     6     minutes of discovery.
     7         (7)  An unplanned ignition or explosion of a blasting
     8     agent or an explosive.
     9         (8)  An unplanned roof fall at or above the anchorage
    10     zone in active workings where roof bolts are in use.
    11         (9)  An unplanned roof or rib fall in active workings
    12     that impairs ventilation or impedes passage.
    13         (10)  A coal or rock outburst that causes withdrawal of
    14     miners or which disrupts regular mining activity for more
    15     than one hour.
    16         (11)  An unstable condition at an impoundment or refuse
    17     pile which does any of the following:
    18             (i)  Requires emergency action in order to prevent
    19         failure.
    20             (ii)  Causes individuals to evacuate an area.
    21         (12)  Failure of an impoundment or refuse pile or.         <--
    22         (13)  Damage to hoisting equipment in a shaft or slope
    23     which endangers an individual or which interferes with use of
    24     the equipment for more than 30 minutes.
    25         (14)  An event at a mine which causes death or bodily
    26     injury to an individual not at the mine at the time the event
    27     occurs.
    28     "Active workings."  All areas in a mine that are not sealed
    29  and which must be ventilated and examined under this act.
    30     "Advisory committee." The Technical Advisory Committee on
    20080S0949B2050                 - 13 -     

     1  Diesel-Powered Equipment.
     2     "Approval."  A written document, issued by the Department of
     3  Environmental Protection, which states that a technology,
     4  material, machinery, tool, process, plan, device, equipment,
     5  facility, method, supply, accessory or other item meets the
     6  requirements of this act or of regulations promulgated under
     7  this act.
     8     "Board."  The Board of Coal Mine Safety.
     9     "Certified individual."  An individual who is qualified under
    10  the provisions of this act and who holds a certificate from the
    11  Department of Environmental Protection to perform a particular
    12  duty in connection with the operation at a mine. The term
    13  includes all of the following:
    14         (1)  Mine foreman.
    15         (2)  Assistant mine foreman.
    16         (3)  Mine examiner.
    17         (4)  Mine electrician.
    18         (5)  Machine runner.
    19         (6)  Shot-firer.
    20         (7)  Miner.
    21     "Check survey."  The term shall have the same meaning as
    22  closed-loop survey.
    23     "Closed-loop survey."  The method of establishing the
    24  accuracy of a mine survey by conducting a loop traverse to the
    25  point of beginning or to a known point of another closed-loop
    26  survey. The term does not include a double angle, double
    27  distance survey unless that method is used to complete a closed-
    28  loop survey.
    29     "Coal-producing shift."  A shift primarily intended for coal
    30  production rather than for purposes of construction, maintenance
    20080S0949B2050                 - 14 -     

     1  and housekeeping even though some coal production may be
     2  incident to such purposes.
     3     "Department."  The Department of Environmental Protection of
     4  the Commonwealth.
     5     "DPEP."  Diesel-powered equipment package.
     6     "Face."  The solid coal at the inby end of a working place.
     7     "Inactive workings."  All portions of a mine in which
     8  operations have been suspended for an indefinite period, but
     9  have not been abandoned.
    10     "INDIVIDUAL."  ANY NATURAL PERSON, PARTNERSHIP, ASSOCIATION,   <--
    11  CORPORATION, FIRM, SUBSIDIARY OF A CORPORATION OR OTHER
    12  ORGANIZATION.
    13     "Interim mandatory safety standards."  The safety standards
    14  under Chapters 2 and 3.
    15     "Lateral and face take-ups."  The individual measurements
    16  left and right of the entry center line used to depict the
    17  physical location of the coal ribs and pillars. The lateral
    18  take-ups define the intersections, pillars' corners and the
    19  significant variations in all excavations. The face take-ups
    20  define the limits of mining in all face areas in advance of the
    21  last station spad. Face take-ups and lateral take-ups in the
    22  face area are not to exceed a distance greater than 300 feet
    23  from the last survey station spad.
    24     "Lost-time injury."  When an individual is unable to report
    25  for work at the individual's regularly scheduled job on the
    26  individual's next regularly scheduled work shift due to a work-
    27  related injury.
    28     "Mine."  The shafts, slopes or drifts of an underground
    29  bituminous coal mine, either under construction, in use or
    30  abandoned, connected with excavations penetrating or intended to
    20080S0949B2050                 - 15 -     

     1  penetrate coal stratum or strata, which excavations are or were
     2  ventilated by air currents and connected by a method of
     3  transportation over which coal may be or was delivered to one or
     4  more points outside the mine. The term shall not include any
     5  surface coal mine.
     6     "Mine examiner."  An individual designated by the mine
     7  foreman or superintendent to examine a mine for gas and other
     8  dangers. The term shall include the title "fire boss."
     9     "Mine foreman."  An individual appointed by an operator or
    10  superintendent to be in charge of all of the following:
    11         (1)  The inside workings of a mine.
    12         (2)  An individual in a mine.
    13         (3)  A visitor to the inside of a mine, except for
    14     Federal and State Government representatives, mine inspectors
    15     and other representatives.
    16     "Mine official."  Any of the following:
    17         (1)  Superintendent.
    18         (2)  Mine foreman.
    19         (3)  Assistant mine foreman.
    20         (4)  Mine examiner.
    21         (5)  Mine electrician.
    22     "Miner."  An individual who is certified by the Department of
    23  Environmental Protection to work in an underground mine.
    24     "MSHA."  The Mine Safety and Health Administration within the
    25  United States Department of Labor.
    26     "NIOSH."  The National Institute for Occupational Safety and
    27  Health within the United States Department of Health and Human
    28  Services.
    29     "Operator."  An owner, lessee or other person INDIVIDUAL who   <--
    30  operates, controls or supervises a coal mine.
    20080S0949B2050                 - 16 -     

     1     "Permissible explosives."  Explosives approved for use in
     2  mines by the Mine Safety and Health Administration, the National
     3  Institute for Occupational Safety and Health or their
     4  predecessor agencies, notwithstanding the date of the approval.
     5     "Permit boundary."  The limits of the mine as established by
     6  the coal mine activity permit issued under the act of April 27,
     7  1966 (1st Sp. Sess., P.L.31, No.1), known as The Bituminous Mine
     8  Subsidence and Land Conservation Act.
     9     "Person."  Any individual, partnership, association,           <--
    10  corporation, firm, subsidiary of a corporation or other
    11  organization.
    12     "Pointer spads."  Additional spads set in the roof to
    13  indicate the line of direction or bearing for future
    14  excavations. Pointer spads may or may not be referenced in the
    15  field notes. Pointer spads are not considered a permanent record
    16  because they only indicate direction.
    17     "Representative of the miners."  A miner employed at the mine
    18  who is authorized by a vote of two or more miners working at the
    19  same mine to perform the duties specified in this act.
    20     "Return air."  Air that has ventilated the last working place
    21  on any split of any working section or any worked-out area
    22  whether pillared or nonpillared. The term shall include all of
    23  the following:
    24         (1)  Air that mixes with air that has ventilated the last
    25     working place on any split of any working section or any
    26     worked-out area, whether pillared or nonpillared.
    27         (2)  Any air that has passed or ventilated seal areas.
    28     "Secretary."  The Secretary of Environmental Protection of
    29  the Commonwealth or the designee of the secretary.
    30     "Shaft."  A vertical opening through the strata that is or
    20080S0949B2050                 - 17 -     

     1  may be used for the purpose of ventilation or drainage or for
     2  hoisting men or material, or both, in connection with the mining
     3  of coal or for other purposes related to mining.
     4     "SHIFT."  THE SCHEDULED PERIOD OF WORK ASSIGNED TO FOUR OR     <--
     5  MORE MINERS BY THE OPERATOR.
     6     "Slope and drift."  An incline or opening used for the same
     7  purpose as a shaft.
     8     "Spad."  A flat spike, firmly anchored in a hole drilled into
     9  the mine ceiling from which is threaded a plumbline.
    10     "Superintendent." An individual appointed by an operator to
    11  manage a mine.
    12     "Survey line."  A representation of the line of survey from
    13  survey station spad to survey station spad as shown on the
    14  official mine map.
    15     "Survey station spad."  A permanent spad set in the roof that
    16  has a unique identification number or designation.
    17     "Underground bituminous coal mine."  A mine and the surface
    18  facilities that are physically connected to a mine, including
    19  preparation plants and loadouts at a mine, in this Commonwealth
    20  and not included in anthracite boundaries.
    21     "Ventilation apparatus."  All equipment, materials and
    22  devices used to establish, provide or support movement of air
    23  through a mine.
    24     "Work area."  Any place at a mine where work is being
    25  performed. The term shall not include areas where individuals
    26  are making examinations required under this act.
    27     "Working place."  The area in a mine from the last open
    28  crosscut to and including the face.
    29     "Working section."  The area in a mine from the face
    30  extending back 1,000 feet.
    20080S0949B2050                 - 18 -     

     1     "Year of experience."  For the purposes of issuing
     2  certifications under this act, the term shall mean working 240
     3  eight-hour days or the hourly equivalent within a 12-month
     4  period beginning with the first day of employment in a mine.
     5  Section 105.  Powers and duties of department.
     6     The department shall have the power and duty to administer a
     7  mine safety program for individuals employed at mines. The
     8  department has the power and duty to do all of the following:
     9         (1)  Make inspections of public or private property as
    10     are necessary or useful in determining compliance with the
    11     provisions of this act, the rules and regulations promulgated
    12     under this act and any order, approval or permit issued by
    13     the department. The inspections may include examining or
    14     copying any documents required by this act.
    15         (2)  Conduct investigations and interviews of individuals
    16     at a mine or elsewhere.
    17         (3)  Issue orders to implement and enforce the provisions
    18     of this act.
    19         (4)  Institute proceedings and actions to implement the
    20     provisions and effectuate the purposes of this act, including
    21     suits seeking equitable relief or declaratory judgments and
    22     suits to recover costs incurred by the department.
    23         (5)  Institute prosecutions against the operator or his
    24     agent for a violation of any provision of this act.
    25         (6)  Determine whether an individual is qualified to
    26     carry out a particular function or duty at a mine and to
    27     issue appropriate certification.
    28         (7)  Disqualify an individual whose conduct poses a
    29     threat to the health and safety of those who work at mines or
    30     who interfere with the safe operation of any mine.
    20080S0949B2050                 - 19 -     

     1         (8)  Review and take appropriate action concerning safety
     2     of miners and individuals in and about mines on all permit
     3     applications submitted to the department.
     4         (9)  Receive and act upon complaints.
     5         (10)  Conduct, review and, if funds are allocated for
     6     such purposes, commission scientific and other research
     7     directed to the purposes of this act.
     8         (11)  Approve electrical equipment, machinery, materials,
     9     methods and plans to be used at mines in this Commonwealth.
    10         (12)  Approve, on a mine-specific basis, the use of new
    11     technology, methods, materials, machinery, equipment,
    12     systems, tools, devices, processes and plans different from
    13     those required or authorized under the provisions of this act
    14     or the regulations promulgated under this act. The department
    15     may only make approvals under this paragraph, if the approval
    16     meets or exceeds the protections afforded under this act or
    17     the regulations promulgated under this act. Approvals under
    18     this paragraph shall have no precedent effect. All approvals
    19     in effect as of the effective date of this paragraph shall
    20     remain in effect unless suspended, modified or revoked by the
    21     department.
    22         (13)  Respond to, coordinate and assist responses to mine
    23     accidents and other emergencies.
    24         (14)  Establish a mine map repository.
    25         (15)  Serve as the agency of the Commonwealth for the
    26     receipt of funds from the Federal Government or other public
    27     agencies and expend the funds for studies and research with
    28     respect to and for the enforcement and administration of the
    29     purposes and provisions of this act and the regulations
    30     promulgated under this act.
    20080S0949B2050                 - 20 -     

     1         (16)  Assess civil penalties.
     2         (17)  Encourage and promote industry-based mine rescue
     3     capabilities.
     4         (18)  Provide training for department personnel and
     5     individuals who work in or who wish to work in the mining
     6     industry.
     7         (19)  Administer, deposit and expend funds from the Mine
     8     Safety Fund.
     9         (20)  Prepare and distribute to operators a mine
    10     operator's questionnaire form.
    11         (21)  Perform any act not inconsistent with any provision
    12     of this act, which it may deem necessary or proper for the
    13     effective administration or enforcement of this act and the
    14     rules or regulations promulgated under this act.
    15  Section 106.  Board of Coal Mine Safety.
    16     (a)  Establishment.--The Board of Coal Mine Safety is
    17  established. and shall develop all of the following:              <--
    18         (1)  Proposed amendments to the interim mandatory safety
    19     standards.
    20         (2)  Additional regulations with respect to mine safety
    21     if the board determines that existing Federal and State
    22     regulations do not adequately address a specific hazard.
    23         (3)  Other regulations as specifically authorized under
    24     this act.
    25     (b)  Composition.--The board shall consist of the secretary,
    26  who shall be the chairperson, and the following members
    27  appointed by the Governor:
    28         (1)  Three members who represent the viewpoint of the
    29     coal mine operators in this Commonwealth.
    30         (2)  Three members who represent the viewpoint of the
    20080S0949B2050                 - 21 -     

     1     working miners in this Commonwealth.
     2     (c)  Terms.--All appointments shall be subject to the
     3  following:
     4         (1)  The initial appointments after the effective date of
     5     this section shall have staggered terms so that, for each
     6     group of appointments under subsection (b), one member shall
     7     serve a term of one year, one member shall serve a term of
     8     two years and one member shall serve a term of three years.
     9     All subsequent appointments shall be for terms of three
    10     years.
    11         (2)  Members shall be eligible for reappointment.
    12     (d)  Representation.--For the initial appointments after the
    13  effective date of this section, the following shall apply:
    14         (1)  The members appointed under subsection (b)(1) shall
    15     be selected from a list containing six nominees submitted by
    16     the major trade association representing coal mine operators
    17     in this Commonwealth.
    18         (2)  The members appointed under subsection (b)(2) shall
    19     be selected from a list containing six nominees submitted by
    20     the highest-ranking official within the major labor
    21     organization representing coal miners in this Commonwealth.
    22     (e)  Vacancies.--The following shall apply to vacancies on
    23  the board:
    24         (1)  The members appointed under subsection (b)(1) shall
    25     be selected from a list containing three nominees submitted
    26     by the major trade association representing coal mine
    27     operators in this Commonwealth.
    28         (2)  The members appointed under subsection (b)(2) shall
    29     be selected from a list containing three nominees submitted
    30     by the highest-ranking official within the major labor
    20080S0949B2050                 - 22 -     

     1     organization representing coal miners in this Commonwealth.
     2     (f)  Employment.--Members of the board may continue in
     3  employment in the coal industry while serving on the board.
     4     (g)  Service.--Members shall serve at the pleasure of the
     5  Governor.
     6     (h)  Compensation.--Members of the board shall be compensated
     7  at the appropriate per diem rate based on the prevailing formula
     8  administered by the Commonwealth, but not less than $150 per
     9  day, plus reasonable expenses incurred while performing their
    10  official duties. The compensation shall be adjusted annually by
    11  the department to account for inflation based on the Consumer
    12  Price Index published by the United States Department of Labor.
    13  An individual board member may waive his or her right to all or
    14  part of the compensation.
    15     (i)  Meetings.--The board shall meet within 180 days of the
    16  effective date of this section for, at a minimum, organizational
    17  purposes. Members of the board shall meet at least twice during
    18  each calendar year or more often as may be necessary.
    19     (j)  Access.--In performing its functions, the board shall
    20  have access to the services of the department. The department
    21  shall make clerical support and assistance available to enable
    22  the board to carry out its duties.
    23     (k)  Funding.--Funding for the operation of the board and
    24  implementation of the provisions of this chapter shall be
    25  derived from the general government appropriation of the
    26  department.
    27     (l)  Nominations.--If a vacancy on the board occurs,
    28  nominations and appointments shall be made in the following
    29  manner:
    30         (1)  In the case of an appointment to fill a vacancy, a
    20080S0949B2050                 - 23 -     

     1     list of nominees under subsection (e) shall be requested by
     2     and submitted to the Governor within 30 days after the
     3     vacancy occurs by the major trade association or major labor
     4     organization which nominated the individual whose seat on the
     5     board is vacant.
     6         (2)  The vacancy shall be filled by the Governor within
     7     30 days of the receipt of the list of nominees.
     8     (m)  Quorum.--A quorum of the board shall consist of five
     9  members. Actions of the board must be approved by an affirmative
    10  vote of at least five members.
    11  Section 106.1.  Rulemaking.
    12     (a)  Authority.--The board shall have the authority to
    13  promulgate regulations that are necessary or appropriate to
    14  implement the requirements of this act and to protect the
    15  health, safety and welfare of miners and other individuals in
    16  and about mines.
    17     (b)  Consideration.--The board shall consider promulgating as
    18  regulations any Federal mine safety standards that are either:
    19         (1)  Existing as of the effective date of this section
    20     and that are not included in interim mandatory safety
    21     standards.
    22         (2)  New standards, except for standards concerning
    23     diesel equipment, promulgated after the effective date of
    24     this section.
    25     (c)  Regulations.--Within 250 days of the effective date of
    26  this section, the board shall begin to consider the standards
    27  under subsection (b)(1) for promulgation as regulations. If
    28  final regulations are not promulgated by the board within three
    29  years of the effective date of this section, the department may
    30  promulgate final regulations consistent with Federal standards.
    20080S0949B2050                 - 24 -     

     1     (d)  New standards.--Within 70 days of the effective date of
     2  new mine safety standards under subsection (b)(2), the board
     3  shall begin to consider standards for promulgation as
     4  regulations. If the regulations are not promulgated as final by
     5  the board within three years of the effective date of the
     6  promulgation of the new standards, the department may promulgate
     7  final regulations consistent with Federal standards.
     8     (e)  Justification for regulations.--Regulations shall be
     9  based upon consideration of the latest scientific data in the
    10  field, the technical feasibility of standards, experience gained
    11  under this and other safety statutes, information submitted to
    12  the board in writing by any interested person or the
    13  recommendation of any member of the board, if the board
    14  determines that a regulation should be developed in order to
    15  serve the objectives of this act.
    16     (f)  Topic.--Without limiting the scope of the board's
    17  authority under this section, regulations may address any of the
    18  following:
    19         (1)  Revisions to an interim mandatory safety standard to
    20     address a new technology or method of mining.
    21         (2)  Hazards not addressed by existing safety standards.
    22         (3)  The identification of positions not listed under
    23     this act requiring a certificate of qualification.
    24         (4)  The establishment of fees for services in amounts
    25     sufficient to cover the department's costs of administering
    26     this act. The fees established by the board may be increased
    27     each year after implementation by the percentage, if any, by
    28     which the Consumer Price Index for the most recent calendar
    29     year exceeds the Consumer Price Index for the calendar year
    30     1989. For the purposes of this paragraph, the Consumer Price
    20080S0949B2050                 - 25 -     

     1     Index for any calendar year shall mean the average of the
     2     Consumer Price Index for All Urban Consumers, published by
     3     the United States Department of Labor, as of the close of the
     4     12-month period ending on August 31 of each calendar year.
     5     (g)  Safety.--No regulation promulgated by the board shall
     6  reduce or compromise the level of safety or protection afforded
     7  mine workers under this act. The department may disapprove a
     8  final regulation approved by the board which the department
     9  determines would reduce or compromise the level of safety or
    10  protection afforded mine workers under this act if the
    11  department describes the basis for the disapproval.
    12     (h)  Miner Act.--With regard to the adoption of Federal
    13  standards established pursuant to the Mine Improvement and New
    14  Emergency Response Act of 2006 (Public Law 109-236, 120 Stat.
    15  493), the following shall apply:
    16         (1)  The board is specifically authorized to promulgate
    17     regulations that the board deems appropriate, including
    18     accelerated compliance schedules and additional requirements.
    19         (2)  The board shall consider promulgating regulations
    20     regarding flammability standards for conveyor belts.
    21         (3)  If MSHA fails to promulgate regulations regarding
    22     emergency shelters and chambers, the board shall promulgate
    23     regulations.
    24         (4)  Regulations shall be no less stringent than the
    25     Federal mine safety standards
    26     (i)  Action.--The board shall take action on the tests and
    27  evaluations performed by the mining industry under section
    28  334(b) and (c).
    29     (j)  Fees.--The department may set reasonable interim fees
    30  pending adoption of fee regulations under this section.
    20080S0949B2050                 - 26 -     

     1  Section 106.2.  Emergency shelters and chambers.
     2     The board's emergency shelter or chamber regulations shall
     3  consider all of the following:
     4         (1)  Provide a minimum of 48 hours of life support,
     5     including air, water, emergency medical supplies and food,
     6     for the maximum number of miners reasonably expected to be on
     7     the working section.
     8         (2)  Be capable of surviving an initial event with a peak
     9     over pressure of 15 pounds per square inch for three seconds
    10     and a flash fire, as defined by National Fire Protection
    11     Association standard NFPA-2113, of 300 degrees Fahrenheit for
    12     three seconds.
    13         (3)  Be constructed in a manner that the emergency
    14     shelter or chamber will be protected under normal handling
    15     and pre-event mine conditions.
    16         (4)  Provide for rapidly establishing and maintaining an
    17     internal shelter atmosphere of oxygen above 19.5%, carbon
    18     dioxide below 0.5%.
    19         (5)  Provide for carbon monoxide below 50 parts per
    20     million and an apparent-temperature of 95 degrees Fahrenheit.
    21         (6)  Provide the ability to monitor carbon monoxide and
    22     oxygen inside and outside the shelter or chamber.
    23         (7)  Provide a means for entry and exit that maintains
    24     the integrity of the internal atmosphere.
    25         (8)  Provide a means for MSHA-certified intrinsically
    26     safe power if power is required.
    27         (9)  Provide a minimum of eight quarts of water per
    28     miner.
    29         (10)  Provide a minimum of 4,000 calories of food per
    30     miner.
    20080S0949B2050                 - 27 -     

     1         (11)  Provide a means for disposal of human waste to the
     2     outside of the shelter or chamber.
     3         (12)  Provide a first aid kit.
     4         (13)  Have provisions for inspection of the shelter or
     5     chamber and its contents.
     6         (14)  Contain manufacturer-recommended repair materials.
     7         (15)  Provide a battery-powered, occupant-activated
     8     strobe light, of a model approved by the board, that is
     9     visible from the outside indicating occupancy.
    10         (16)  Provide provisions for communication to the
    11     surface.
    12         (17)  Provide proof of current approval for all items and
    13     materials subject to approval.
    14  Section 106.3.  Notice to operators and miners.
    15     The department shall send a copy in writing or electronically
    16  of every proposed regulation and final regulation, at the time
    17  of publication in the Pennsylvania Bulletin, to the operator of
    18  each mine and, where applicable, the representative of the
    19  miners at the mine, and the copy shall be immediately posted on
    20  the bulletin board of the mine by the operator or the operator's
    21  agent. Failure to receive the notice shall not invalidate the
    22  final regulation or relieve anyone of the obligation to comply
    23  with final regulation.
    24  Section 106.4.  Standards for surface facilities.
    25     The department shall use the applicable standards contained
    26  in 30 CFR Part 77 (relating to mandatory safety standards,
    27  surface coal mines and surface work areas of underground coal
    28  mines) regarding the sinking of shafts and slopes and surface
    29  facilities that are part of mines, pending promulgation of
    30  regulations by the board regarding those activities and
    20080S0949B2050                 - 28 -     

     1  facilities.
     2  Section 107.  Safety issues.
     3     The department shall consider the safety of miners in
     4  reviewing and acting on applications for permits issued to and
     5  for mines and shall include conditions addressing safety in
     6  issuing the permits. If the department determines that any
     7  aspect of the contemplated activity at an existing or proposed
     8  mine might constitute a threat to the health and safety of
     9  miners or individuals in and about mines, the department shall
    10  require the applicant or operator to eliminate the threat. If
    11  the applicant or operator does not eliminate the threat to the
    12  department's satisfaction, the department shall deny the
    13  application or applications or shall unilaterally modify the
    14  terms of the permit or suspend or revoke the permit.
    15  Section 108.  Inspections.
    16     (A)  FREQUENCY AND PURPOSE.--The department shall make         <--
    17  frequent inspections of mines. Each mine shall be inspected at
    18  least semiannually for electrical purposes and at least
    19  quarterly for general purposes. Inspections shall be conducted
    20  more frequently when the department determines that more
    21  frequent inspections are necessary or desirable. Inspections
    22  shall be conducted for the purposes of:
    23         (1)  Obtaining, utilizing and disseminating information
    24     relating to health and safety conditions, the causes of
    25     accidents and the causes of diseases and physical impairments
    26     originating in mines.
    27         (2)  Gathering information with respect to health or
    28     safety standards established or regulations promulgated under
    29     this act.
    30         (3)  Determining whether a danger exists.
    20080S0949B2050                 - 29 -     

     1         (4)  Determining whether the mine is in compliance with
     2     the provisions of this act, the mine safety regulations and
     3     any order, permit or decision issued by the department under
     4     this act.
     5     (B)  ACCOMPANIMENT.--A REPRESENTATIVE OF THE OPERATOR AND A    <--
     6  REPRESENTATIVE OF THE MINERS SHALL BE GIVEN THE OPPORTUNITY TO
     7  ACCOMPANY THE DEPARTMENT DURING THE PHYSICAL INSPECTION OF ANY
     8  COAL MINE OR COAL FACILITY, INCLUDING PREPARATION PLANTS, SHOPS,
     9  COAL HANDLING FACILITIES AND ALL OTHER AREAS ASSOCIATED WITH THE
    10  COAL MINING OPERATION, MADE PURSUANT TO THIS ACT. THE PURPOSE OF
    11  THIS ACCOMPANIMENT IS TO AID THE INSPECTION AND TO PARTICIPATE
    12  IN ALL PREINSPECTION AND POST-INSPECTION CLOSEOUTS AND
    13  CONFERENCES AND OTHER ACTIVITIES REQUIRED OF THE DEPARTMENT
    14  UNDER THIS ACT. THE REPRESENTATIVE OF THE MINERS SHALL SUFFER NO
    15  LOSS OF PAY DURING THE PERIOD OF PARTICIPATION IN THE
    16  INSPECTION. WHERE THERE IS NO AUTHORIZED REPRESENTATIVE OF THE
    17  MINERS, THE DEPARTMENT SHALL MEET WITH NO FEWER THAN TWO MINERS
    18  CONCERNING HEALTH AND SAFETY AT THE MINE. TO THE EXTENT THE
    19  DEPARTMENT DETERMINES MORE THAN ONE REPRESENTATIVE FROM EACH
    20  PARTY WOULD FURTHER AID THE INSPECTION, THE DEPARTMENT MAY
    21  PERMIT EACH PARTY TO HAVE AN EQUAL NUMBER OF ADDITIONAL
    22  REPRESENTATIVES. FOR PURPOSES OF THIS SUBSECTION, THE
    23  DESIGNATION OF THE REPRESENTATIVE OF MINERS SHALL BE MADE IN
    24  ACCORDANCE WITH 30 CFR PT. 40 (RELATING TO REPRESENTATIVE OF
    25  MINERS).
    26  Section 109.  Accidents.
    27     (a)  Duties of operator.--In the event of an accident
    28  occurring at a mine, an operator shall do all of the following:
    29         (1)  Notify the department no later than 15 minutes of
    30     discovery of the accident.
    20080S0949B2050                 - 30 -     

     1         (2)  Take appropriate measures to prevent the destruction
     2     of evidence which would assist in investigating the cause of
     3     the accident. Unless granted permission by the department, no
     4     operator may alter an accident site or an accident-related
     5     area until completion of all investigations pertaining to the
     6     accident, except to rescue any individual and prevent
     7     destruction of mine equipment.
     8         (3)  Obtain the approval of the department for any plan
     9     to recover an individual in the mine, to recover the coal
    10     mine or to return the affected areas of the mine to normal
    11     operations.
    12         (4)  Conduct its own investigation of the accident and
    13     develop a written report of the investigation. The report
    14     shall include all of the following:
    15             (i)  The date and hour of the accident.
    16             (ii)  The date the investigation began.
    17             (iii)  The names of the individuals participating in
    18         the investigation.
    19             (iv)  A description of the accident site.
    20             (v)  An explanation of the accident or injury,
    21         including a description of any equipment involved and
    22         relevant events before and after the accident.
    23             (vi)  An explanation of the cause of the accident.
    24             (vii)  An explanation of the cause of any injury
    25         sustained due to the accident.
    26             (viii)  The name, occupation and experience of any
    27         miner involved in the accident.
    28             (ix)  A sketch depicting the accident, including
    29         dimensions where pertinent.
    30             (x)  A description of steps taken to prevent a
    20080S0949B2050                 - 31 -     

     1         similar accident in the future.
     2     (b)  Duties of department.--In the event of an accident
     3  occurring at a mine, the department shall do all of the
     4  following:
     5         (1)  Take whatever action it deems appropriate, including
     6     the issuance of orders, to protect the life, health or safety
     7     of an individual, including coordinating and assisting rescue
     8     and recovery activities in the mine.
     9         (2)  Promptly decide whether to conduct an investigation
    10     of the accident and inform the operator and the
    11     representative of the miners of its decision.
    12     (c)  Report.--Each operator shall report to the department
    13  each accident and lost-time injury.
    14         (1)  The operator shall report within ten working days of
    15     the accident or lost-time injury. An operator may meet the
    16     requirements of this paragraph by submitting a copy of the
    17     MSHA Mine Accident, Injury and Illness Report Form 7000-1
    18     required by 30 CFR § 50.20 (relating to preparation and
    19     submission of MSHA Report Form 7000-1--Mine Accident, Injury,
    20     and Illness Report) in use on the date of the accident.
    21         (2)  Each accident and lost-time injury shall be reported
    22     on a separate form. If more than one miner is injured in the
    23     same accident, the operator shall submit a separate form for
    24     each miner affected.
    25  Section 110.  Mine officials' certification.
    26     (a)  Administration.--After evaluating the examinations, the
    27  department shall issue certificates to those candidates who have
    28  met the established criteria for each certification category.
    29     (b)  Committee.--
    30         (1)  The department shall appoint a committee to annually
    20080S0949B2050                 - 32 -     

     1     review and update the department's database of examination
     2     questions and answers. The committee shall be made up of an
     3     equal number of persons representing the viewpoints of the
     4     department, operators and miners.
     5         (2)  Members of the committee shall be compensated in the
     6     same manner as members of the board under section 106(h). An
     7     individual committee member may waive the right to all or
     8     part of the compensation under this paragraph.
     9         (3)  Members of the committee shall, after the committee
    10     has been duly organized, take and subscribe the following
    11     oath before an officer authorized to administer oaths:
    12         We, the undersigned, do solemnly swear that we will
    13         perform the duties of members of this committee, and we
    14         will not divulge or make known to an individual any
    15         question prepared for the mine officials, or in any
    16         manner assist any applicant to pass the examination.
    17     (c)  Confidential records.--Records pertaining to
    18  certification examinations shall not constitute a public record
    19  under the act of June 21, 1957 (P.L.390, No.212), referred to as
    20  the Right-to-Know Law.
    21  Section 111.  Classification of mines as gassy.
    22     Notwithstanding any other provision of law, the distinction
    23  between gassy and nongassy mines is eliminated, and all
    24  underground bituminous mines shall comply with the requirements
    25  for gassy mines.
    26  Section 112.  Reports.
    27     (a)  Questionnaire.--The operator of an underground mine
    28  shall submit to the department a completed or revised deep mine
    29  questionnaire in the following instances:
    30         (1)  Prior to the commencement of any work for the
    20080S0949B2050                 - 33 -     

     1     purpose of opening of a new underground mine or reopening an
     2     underground mine that has closed.
     3         (2)  Upon change of the information reflected on the most
     4     recently submitted operator's questionnaire.
     5     (a.1)  Notice.--Upon discontinuance of the operation of an
     6  underground mine, the operator shall immediately notify the
     7  department.
     8     (b)  Quarterly reports.--
     9         (1)  Each operator of an active mine shall submit
    10     quarterly reports within 15 days after the end of each
    11     quarter. The report shall contain information reflecting the
    12     activities of the previous quarter and shall include all of
    13     the following:
    14             (i)  The name and address of the mine.
    15             (ii)  Identification of the mine superintendent and
    16         mine foreman.
    17             (iii)  The employment, employee hours and coal
    18         production statistics for the mine.
    19             (iv)  A detailed description of the reportable
    20         injuries or accidents that occurred at the mine.
    21         (2)  An operator may meet the requirements of paragraph
    22     (1) by submitting a copy of the MSHA Quarterly Employment and
    23     Coal Production Report in use on the date of the quarterly
    24     report.
    25     (c)  Corrections.--By February 15 of each year, an operator
    26  must submit any corrections to the quarterly reports submitted
    27  during the prior year and must certify the accuracy of the
    28  corrected quarterly reports.
    29     (d)  Additional duties.--In addition to any records required
    30  under this act, a mine operator shall establish and maintain
    20080S0949B2050                 - 34 -     

     1  records, make reports and provide information as the department
     2  may require from time to time. The department is authorized to
     3  compile, analyze and publish, either in summary or detail form,
     4  the reports or information obtained. All records, information,
     5  reports, findings, notices, orders or decisions required or
     6  issued pursuant to or under this act may be published from time
     7  to time, may be released to any interested person and shall
     8  constitute a public record under the act of June 21, 1957
     9  (P.L.390, No.212), referred to as the Right-to-Know Law.
    10     (e)  Copies.--An operator of a mine shall maintain a copy of
    11  the reports required by this section at the mine office closest
    12  to the mine for a period of not less than five years after
    13  submission of the reports.
    14  Section 113.  Mine rescue program.
    15     (a)  Establishment.--The department is authorized to
    16  establish and administer a mine rescue program for mines not
    17  able to provide a mine rescue crew for themselves. The
    18  department shall establish a program to do the following:
    19         (1)  Instruct mine employees how to care for individuals
    20     injured in and about the mines.
    21         (2)  Train mine employees who may voluntarily seek
    22     training in the use of self-contained breathing apparatus,
    23     gas masks, first aid to the injured and other things or
    24     practices essential to the safe and efficient conduct of the
    25     work of first aid and mine rescue.
    26     (b)  Equipment.--The department shall purchase and maintain
    27  adequate quantities of emergency response vehicles, specialized
    28  equipment, supplies and services necessary to assure rapid and
    29  effective response to mine emergencies, including mine fires,
    30  mine explosions, mine inundations, entrapments and mine recovery
    20080S0949B2050                 - 35 -     

     1  operations.
     2     (c)  Contracts.--In the event of an emergency response, the
     3  department may use the emergency contracting provisions of 62
     4  Pa.C.S. § 516 (relating to emergency procurement) to lease
     5  additional services or equipment as is needed to respond to a
     6  mine emergency. The department, with the consent of the
     7  Governor, may use funds available to the Commonwealth for the
     8  purpose of responding to a mine emergency.
     9  Section 114.  Direction of mine rescue work.
    10     The department shall coordinate and assist in all responses
    11  to a mine emergency conducted in this Commonwealth. The extent
    12  of coordination and assistance shall depend on the nature of the
    13  mine emergency and the operator's ability to respond to the mine
    14  emergency. This authority shall include directing responses to
    15  mine emergencies and assigning mine rescue crews and mine rescue
    16  and recovery work to mine inspectors or other qualified
    17  employees of the department.
    18  Section 115.  Recovery of funds.
    19     The department is authorized to seek from an operator
    20  reimbursement of funds expended by the department to rent
    21  equipment and obtain services in responding to a mine emergency.
    22  Section 116.  Mine Safety Fund.
    23     There is created a special fund known as the Mine Safety
    24  Fund. All moneys received by the department under this act and
    25  all moneys recovered from operators for expenses incurred in
    26  responding to a mine emergency shall be deposited by the State
    27  Treasurer into the Mine Safety Fund. All moneys deposited in the
    28  fund are hereby appropriated, upon approval of the Governor, to
    29  the department for mine safety activities and the administration
    30  of this act.
    20080S0949B2050                 - 36 -     

     1  Section 117.  Bituminous mine inspector.
     2     Notwithstanding the act of August 5, 1941 (P.L.752, No.286),
     3  known as the Civil Service Act, in order to become eligible for
     4  employment as a bituminous mine inspector, an individual must,
     5  at a minimum, meet the following qualifications:
     6         (1)  Be a resident of this Commonwealth.
     7         (2)  Be an individual of good moral character and known
     8     temperate habits.
     9         (3)  Be physically capable of entering and inspecting a
    10     coal mine.
    11         (4)  Have at least a high school diploma.
    12         (5)  Be at least 30 years of age.
    13         (6)  Have had at least ten years' experience in an
    14     underground bituminous coal mine.
    15         (7)  Hold a current, valid certificate as a bituminous
    16     mine foreman, assistant mine foreman or mine examiner.
    17         (8)  Pass, with at least a score of 90%, the mine
    18     inspector's examination as conducted by the State Civil
    19     Service Commission in accordance with the Civil Service Act.
    20  Section 118.  Bituminous mine electrical inspector.
    21     Notwithstanding the act of August 5, 1941 (P.L.752, No.286),
    22  known as the Civil Service Act, in order to become eligible for
    23  employment as a bituminous mine electrical inspector, an
    24  individual must meet at least the following qualifications:
    25         (1)  Be a resident of this Commonwealth.
    26         (2)  Be an individual of good moral character and known
    27     temperate habits.
    28         (3)  Be physically capable of entering and inspecting a
    29     coal mine.
    30         (4)  Have at least a high school diploma.
    20080S0949B2050                 - 37 -     

     1         (5)  Be at least 30 years of age.
     2         (6)  Have had at least ten years' experience in an
     3     underground bituminous coal mine.
     4         (7)  Hold a current, valid certificate as a bituminous
     5     mine electrician.
     6         (8)  Pass, with at least a score of 90%, the mine
     7     electrical inspector's examination as conducted by the State
     8     Civil Service Commission in accordance with the Civil Service
     9     Act.
    10  Section 119.  Availability of mine maps.
    11     (a)  Authorization.--The department is authorized and
    12  directed to obtain and copy all maps of mining conducted in this
    13  Commonwealth.
    14     (b)  Inspection and copying.--An individual who has
    15  possession of a mine map shall make the map available to the
    16  department for inspection and copying. The map shall be returned
    17  to its owner within 30 days.
    18     (c)  Liability.--No individual shall, solely on the basis of
    19  supplying a mine map to the department, be attributed or
    20  divested of liability.
    21  Section 120.  Mine map repository.
    22     The department shall develop and maintain a repository of all
    23  mine maps it has obtained or has had an opportunity to copy. The
    24  department shall organize and catalog the mine maps in the
    25  repository to enable the department, other government agencies,
    26  mine operators and the general public to review the mine maps
    27  and to determine the location of mine workings. All mine maps
    28  and copies of mine maps held by the department shall be open for
    29  public inspection and made available for review upon request
    30  during the department's normal business hours.
    20080S0949B2050                 - 38 -     

     1  Section 121.  Applicability.
     2     The provisions of Chapters 2 and 3 shall not apply to the
     3  construction of shafts and slopes.
     4                             CHAPTER 2
     5       GENERAL REQUIREMENTS FOR UNDERGROUND BITUMINOUS MINES
     6  Section 201.  General safety requirements.
     7     The following are general safety requirements:
     8         (1)  All work must be performed in a safe manner.
     9         (2)  All equipment must be maintained in safe operating
    10     condition.
    11         (3)  No individual shall be employed as a mine foreman,
    12     assistant mine foreman, mine examiner, mine electrician,
    13     mining machine operator, shot-firer or miner unless that
    14     individual holds a current, valid certification from the
    15     department to work in that capacity. An individual who holds
    16     a current, valid certification to be a mine foreman may also
    17     work as an assistant mine foreman or mine examiner. Only a
    18     mine official shall direct the work force in matters
    19     involving the safety of employees. An individual who holds a
    20     current, valid certification as an assistant mine foreman may
    21     also work as a mine examiner.
    22         (4)  It shall be the duty of the operator and all mine
    23     officials to comply with and see that others comply with the
    24     provisions of this act, the regulations promulgated pursuant
    25     to this act, all orders and approvals and the safety
    26     conditions in permits issued to the mine. It shall also be
    27     the duty of the operator and all mine officials to cooperate
    28     with the department in implementing the provisions of this
    29     act and effectuating the purposes of this act.
    30         (5)  The operator and all mine officials shall comply
    20080S0949B2050                 - 39 -     

     1     with and follow all mining plans, approvals and orders issued
     2     by the department, rules and regulations of the operator, all
     3     provisions of law that are in harmony with this act and all
     4     other applicable laws. The operator is responsible for
     5     assuring that all activities in and around the mine,
     6     including those conducted by contractors, are conducted in
     7     compliance with this act, regulations promulgated under this
     8     act, approvals and orders issued by the department and any
     9     safety conditions included in permits.
    10         (6)  During coal production, an assistant mine foreman
    11     shall be assigned to only one working section. The assistant
    12     mine foreman shall supervise individuals engaged in the coal-
    13     cutting operation. The assistant mine foreman may perform
    14     additional duties provided that he spends a majority of his
    15     time supervising individuals engaged in the coal-cutting
    16     operation.
    17         (7)  Every superintendent, mine foreman, assistant mine
    18     foreman, mine electrician and mine examiner shall represent
    19     the Commonwealth in the mine in which he is employed and
    20     shall be deemed an officer of the Commonwealth in enforcing
    21     the provisions of this act and performing the mine official's
    22     duties under this act. The superintendent, mine foreman,
    23     assistant mine foreman, mine electrician or mine examiner
    24     shall perform these duties during such times as the mine is
    25     in operation and at such other times as the department deems
    26     to be necessary or appropriate to make the mine safe and to
    27     protect the health and safety of those who work in and around
    28     the mine.
    29  Section 202.  Qualifications for certification.
    30     (a)  General requirements.--                                   <--
    20080S0949B2050                 - 40 -     

     1         (1)  Except as set forth under paragraph (2), in order to
     2     be eligible to sit for a certification examination, the
     3     following shall apply:
     4             (i)  An applicant must demonstrate the following
     5         levels of work experience in an underground bituminous
     6         coal mine:
     7                 (A)  Mine foreman or mine electrician, five
     8             years.
     9                 (B)  Assistant mine foreman, four years.
    10                 (C)  Mine examiner, three years.
    11             (ii)  For each certification category in subparagraph
    12         (i), a minimum of two years' experience must have been in
    13         a working section.
    14         (2)  If an applicant holds a bachelor's degree in mining
    15     engineering or an associate degree in mining technology from
    16     a recognized institution of higher education in the case of a
    17     mine foreman, assistant mine foreman or mine examiner, or a
    18     bachelor's degree in electrical engineering or an associate
    19     degree in electrical technology from a recognized institution
    20     of higher education in the case of a mine electrician, in
    21     order to be eligible to sit for a certification examination,
    22     the following shall apply:
    23             (i)  An applicant must demonstrate the following
    24         levels of work experience in an underground bituminous
    25         coal mine:
    26                 (A)  Mine foreman or mine electrician, four
    27             years.
    28                 (B)  Assistant mine foreman, three years.
    29                 (C)  Mine examiner, two years.
    30             (ii)  For each certification category in subparagraph
    20080S0949B2050                 - 41 -     

     1         (i), a minimum of one year's experience must have been in
     2         a working section.
     3     (b)  Additional requirements.--The following additional
     4  requirements shall apply:
     5         (1)  All applicants shall be able to read and write the
     6     English language intelligently, and shall furnish the
     7     department with certificates as to their character and
     8     temperate habits, and a notarized statement from previous
     9     employers setting forth the length of service and type of
    10     work performed in the different mines.
    11         (2)  Certificates of qualification as mine foremen shall
    12     be granted to individuals who have given to the department
    13     satisfactory evidence of their ability to perform the duties
    14     of mine foreman and who have received training by individuals
    15     approved by the department in determining the presence of
    16     explosive and noxious gases, and in the use and mechanics of
    17     all gas detection devices, and who have received an average
    18     of at least 80% in the examination.
    19         (3)  Certificates of qualification as assistant mine
    20     foremen shall be granted to individuals who have given to the
    21     department satisfactory evidence of their ability to perform
    22     the duties of assistant mine foreman and who have received
    23     training by individuals approved by the department in
    24     determining the presence of explosive and noxious gases, and
    25     in the use and mechanics of all gas detection devices, and
    26     who have received an average of at least 70% in the
    27     examination.
    28         (4)  Certificates of qualification as mine examiners
    29     shall be granted to individuals who have given to the
    30     department satisfactory evidence of their ability to perform
    20080S0949B2050                 - 42 -     

     1     the duties of mine examiners and who have received training
     2     by individuals approved by the department in determining the
     3     presence of explosive and noxious gases, and in the use and
     4     mechanics of all gas detection devices, and who have received
     5     an average of at least 75% in the mine examiners examination.
     6         (5)  Certificates of qualification as mine electrician
     7     shall be granted to individuals who have given to the
     8     department satisfactory evidence of their ability to perform
     9     the duties of mine electrician and received training by
    10     individuals approved by the department in determining the
    11     presence of explosive and noxious gases, and in the use and
    12     mechanics of all gas detection devices, and who have received
    13     an average of 75% in the mine electrician's examination.
    14         (6)  Certificates of qualification or service granted
    15     prior to the effective date of this act shall have equal
    16     value with certificates of qualification granted under this
    17     act.
    18         (7)  All applicants who have satisfactorily passed
    19     examinations, after being certified but before assuming their
    20     duties as mine foremen, mine electricians, assistant mine
    21     foremen or mine examiners, shall accompany a certified mine
    22     foreman or certified assistant mine foreman for not less than
    23     two weeks for training purposes in accordance with a training
    24     program submitted by the operator and approved by the
    25     department. Any applicant who has been granted a mine
    26     official certificate prior to the effective date of this act
    27     need not undergo this training. The record of such training
    28     shall be maintained at the mine.
    29     (A)  QUALIFICATIONS FOR MINE FOREMEN.--APPLICANTS FOR          <--
    30  CERTIFICATES OF QUALIFICATION AS MINE FOREMEN AND MINE
    20080S0949B2050                 - 43 -     

     1  ELECTRICIANS SHALL:
     2         (1)  BE CITIZENS OF THE UNITED STATES.
     3         (2)  BE OF GOOD MORAL CHARACTER AND OF KNOWN TEMPERATE
     4     HABITS.
     5         (3)  BE AT LEAST 23 YEARS OF AGE.
     6         (4)  HAVE NO FEWER THAN FIVE YEARS OF PRACTICAL
     7     EXPERIENCE AFTER TURNING 18 YEARS OF AGE, AS MINERS OR MINING
     8     ENGINEERS OR MEN OF GENERAL WORK. THIS EXPERIENCE SHALL
     9     INCLUDE THREE YEARS' EXPERIENCE IN WORKING SECTIONS IN
    10     UNDERGROUND BITUMINOUS COAL MINES. INDIVIDUALS GRADUATING
    11     WITH A BACHELOR'S DEGREE IN CIVIL ENGINEERING, ELECTRICAL
    12     ENGINEERING OR MINING ENGINEERING OR AN ASSOCIATE DEGREE IN A
    13     MINING ENGINEERING COURSE OF STUDY AT A RECOGNIZED
    14     INSTITUTION OF LEARNING MAY, AFTER EXAMINATION, BE GRANTED
    15     CERTIFICATES OF QUALIFICATION BY AN EXAMINING BOARD AS MINE
    16     FOREMEN AND MINE ELECTRICIANS, PROVIDED THE GRADUATES HAVE AN
    17     AGGREGATE OF NO FEWER THAN THREE YEARS' PRACTICAL EXPERIENCE
    18     AS MINERS OR MEN OF GENERAL WORK OR MINING ENGINEERS, IN
    19     UNDERGROUND BITUMINOUS COAL MINES IN THE WORKING SECTION.
    20     (B)  QUALIFICATIONS FOR ASSISTANT MINE FOREMEN.--APPLICANTS
    21  FOR CERTIFICATES OF QUALIFICATION AS ASSISTANT MINE FOREMEN
    22  SHALL:
    23         (1)  BE CITIZENS OF THE UNITED STATES.
    24         (2)  BE OF GOOD MORAL CHARACTER AND OF KNOWN TEMPERATE
    25     HABITS.
    26         (3)  HAVE AT LEAST FOUR YEARS OF PRACTICAL EXPERIENCE,
    27     WITH AT LEAST THREE YEARS' EXPERIENCE IN WORKING SECTIONS,
    28     AFTER TURNING 18 YEARS OF AGE, AS MINERS OR MINING ENGINEERS
    29     OR MEN OF GENERAL WORK, IN UNDERGROUND BITUMINOUS COAL MINES.
    30     INDIVIDUALS GRADUATING WITH A BACHELOR'S DEGREE IN CIVIL
    20080S0949B2050                 - 44 -     

     1     ENGINEERING, ELECTRICAL ENGINEERING OR MINING ENGINEERING, OR
     2     AN ASSOCIATE DEGREE IN A MINING ENGINEERING COURSE OF STUDY
     3     AT A RECOGNIZED INSTITUTION OF LEARNING MAY, AFTER
     4     EXAMINATION, BE GRANTED CERTIFICATES OF QUALIFICATION BY AN
     5     EXAMINING BOARD AS ASSISTANT MINE FOREMEN, PROVIDED THE
     6     GRADUATES HAVE AN AGGREGATE OF NO FEWER THAN THREE YEARS OF
     7     PRACTICAL EXPERIENCE AS MINERS OR MINING ENGINEERS OR MEN OF
     8     GENERAL WORK, IN UNDERGROUND BITUMINOUS COAL MINES IN WORKING
     9     SECTIONS.
    10     (C)  QUALIFICATIONS FOR MINE EXAMINERS.--APPLICANTS FOR
    11  CERTIFICATES OF QUALIFICATION AS MINE EXAMINERS SHALL:
    12         (1)  BE CITIZENS OF THE UNITED STATES.
    13         (2)  BE OF GOOD MORAL CHARACTER AND OF KNOWN TEMPERATE
    14     HABITS.
    15         (3)  HAVE AT LEAST THREE YEARS OF PRACTICAL EXPERIENCE
    16     AFTER TURNING 18 YEARS OF AGE, AS MINERS OR MINING ENGINEERS
    17     OR MEN OF GENERAL WORK, IN UNDERGROUND BITUMINOUS COAL MINES
    18     IN WORKING SECTIONS.
    19     (D)  OTHER QUALIFICATIONS.--ALL APPLICANTS SHALL:
    20         (1)  BE ABLE TO READ AND WRITE THE ENGLISH LANGUAGE.
    21         (2)  FURNISH THE BOARD WITH CERTIFICATES AS TO THEIR
    22     CHARACTER AND TEMPERATE HABITS.
    23         (3)  PROVIDE A NOTARIZED STATEMENT FROM PREVIOUS
    24     EMPLOYERS SETTING FORTH THE LENGTH OF SERVICE AND TYPE OF
    25     WORK PERFORMED IN EACH MINE.
    26     (E)  QUALIFICATIONS FOR MINE FOREMEN CERTIFICATES.--
    27  CERTIFICATES OF QUALIFICATION AS MINE FOREMEN SHALL BE GRANTED
    28  TO INDIVIDUALS WHO HAVE:
    29         (1)  GIVEN THE EXAMINING BOARD SATISFACTORY EVIDENCE OF
    30     THEIR ABILITY TO PERFORM THE DUTIES OF MINE FOREMEN.
    20080S0949B2050                 - 45 -     

     1         (2)  RECEIVED TRAINING BY INDIVIDUALS APPROVED BY THE
     2     DEPARTMENT IN DETERMINING THE PRESENCE OF EXPLOSIVE AND
     3     NOXIOUS GASES AND IN THE USE AND MECHANICS OF ALL GAS
     4     DETECTION DEVICES.
     5         (3)  RECEIVED AN AVERAGE OF AT LEAST 80% IN THE
     6     EXAMINATION.
     7     (F)  QUALIFICATIONS FOR ASSISTANT MINE FOREMAN
     8  CERTIFICATES.--CERTIFICATES OF QUALIFICATION AS ASSISTANT MINE
     9  FOREMEN SHALL BE GRANTED TO PERSONS WHO HAVE:
    10         (1)  GIVEN THE EXAMINING BOARD SATISFACTORY EVIDENCE OF
    11     THEIR ABILITY TO PERFORM THE DUTIES OF ASSISTANT MINE
    12     FOREMEN.
    13         (2)  RECEIVED TRAINING BY INDIVIDUALS APPROVED BY THE
    14     DEPARTMENT IN DETERMINING THE PRESENCE OF EXPLOSIVE AND
    15     NOXIOUS GASES AND IN THE USE AND MECHANICS OF ALL GAS
    16     DETECTION DEVICES.
    17         (3)  RECEIVED AN AVERAGE OF AT LEAST 70% IN THE
    18     EXAMINATION.
    19     (G)  QUALIFICATIONS FOR MINE EXAMINER CERTIFICATES.--MINE
    20  EXAMINER CERTIFICATES SHALL BE GRANTED TO INDIVIDUALS WHO HAVE:
    21         (1)  GIVEN THE EXAMINING BOARD SATISFACTORY EVIDENCE OF
    22     THEIR ABILITY TO PERFORM THE DUTIES OF MINE EXAMINERS.
    23         (2)  HAVE RECEIVED TRAINING BY INDIVIDUALS APPROVED BY
    24     THE DEPARTMENT IN DETERMINING THE PRESENCE OF EXPLOSIVE AND
    25     NOXIOUS GASES AND IN THE USE AND MECHANICS OF ALL GAS
    26     DETECTION DEVICES.
    27         (3)  RECEIVED AN AVERAGE OF AT LEAST 75% IN THE MINE
    28     EXAMINERS EXAMINATION.
    29     (H)  QUALIFICATIONS FOR A MINE ELECTRICIAN CERTIFICATES.--
    30  CERTIFICATES OF QUALIFICATION FOR MINE ELECTRICIANS SHALL BE
    20080S0949B2050                 - 46 -     

     1  GRANTED TO INDIVIDUALS WHO HAVE:
     2         (1)  GIVEN THE EXAMINING BOARD SATISFACTORY EVIDENCE OF
     3     THEIR ABILITY TO PERFORM THE DUTIES OF MINE ELECTRICIAN.
     4         (2)  HAVE RECEIVED TRAINING BY INDIVIDUALS APPROVED BY
     5     THE DEPARTMENT IN DETERMINING THE PRESENCE OF EXPLOSIVE AND
     6     NOXIOUS GASES AND IN THE USE AND MECHANICS OF ALL GAS
     7     DETECTION DEVICES.
     8         (3)  RECEIVED AN AVERAGE OF 75% IN THE EXAMINATION FOR
     9     MINE ELECTRICIANS.
    10     (I)  ORAL EXAMINATIONS AND ADDITIONAL TRAINING.--ALL
    11  APPLICANTS WHO HAVE SATISFACTORILY PASSED A WRITTEN EXAMINATION
    12  SHALL ALSO SATISFACTORILY PASS AN ORAL EXAMINATION, AND AFTER
    13  BEING CERTIFIED BUT BEFORE ASSUMING THEIR DUTIES AS MINE
    14  FOREMEN, MINE ELECTRICIANS, ASSISTANT MINE FOREMEN OR MINE
    15  EXAMINERS, SHALL ACCOMPANY A CERTIFIED MINE FOREMAN OR A
    16  CERTIFIED ASSISTANT MINE FOREMAN WHILE EXECUTING THE DUTIES OF
    17  THEIR POSITION FOR THE ENTIRE SHIFT FOR A PERIOD OF NOT LESS
    18  THAN TEN FULL WORKING SHIFTS FOR TRAINING PURPOSES IN ACCORDANCE
    19  WITH A TRAINING PROGRAM SUBMITTED BY THE OPERATOR AND APPROVED
    20  BY THE DEPARTMENT. APPLICANTS WHO HAVE PREVIOUSLY OBTAINED A
    21  CERTIFICATE NEED NOT UNDERGO THIS TRAINING. THE RECORD OF THE
    22  TRAINING GIVEN UNDER THIS SECTION SHALL BE MAINTAINED AT THE
    23  MINE.
    24  Section 203.  Emergency use of mine examiner as assistant mine
    25                 foreman.
    26     The mine foreman may appoint a mine examiner who is willing
    27  to act as assistant mine foreman for not more than one month if
    28  all of the following apply:
    29         (1)  There is an emergency. As used in this paragraph,
    30     the term "emergency" means a condition which could not have
    20080S0949B2050                 - 47 -     

     1     been foreseen and requires immediate action.
     2         (2)  There is no assistant mine foreman available in the
     3     mine who is willing to act as an assistant mine foreman.
     4         (3)  A mine foreman may act as an assistant mine foreman,
     5     a mine examiner or a miner. An assistant mine foreman may act
     6     as a mine examiner or a miner. A mine examiner may act as a
     7     miner.
     8         (4)  Foreman trainees, where used, shall not direct the
     9     work force in matters involving directly or indirectly the
    10     safety of employees nor make tests or examinations required
    11     to be made by mine officials.
    12  Section 204.  Certification of miners.
    13     No individual shall be employed or engaged as a miner in any
    14  bituminous coal mine in this Commonwealth without first having
    15  obtained a certificate of competency and qualification, except
    16  that any miner holding such certificate may have a maximum of
    17  two individuals working under his direction as noncertified
    18  miners for the purpose of learning the business of mining, and
    19  such noncertified miner or noncertified miners shall be
    20  permitted to work under the direction of such miner without a
    21  certificate. The miner shall provide adequate oversight to keep
    22  the uncertified individual out of harm's way.
    23  Section 205.  Qualifications for certification as miners.
    24     The following shall apply:
    25         (1)  Miners shall be examined and granted certificates
    26     under regulations of the department.
    27         (2)  No individual shall be qualified to take the
    28     examination unless the individual produces evidence of having
    29     had not less than one year's experience in bituminous coal
    30     mines.
    20080S0949B2050                 - 48 -     

     1         (3)  All individuals possessing certificates of
     2     qualification issued by the Commonwealth entitling them to
     3     act as mine foremen, assistant mine foremen, mine examiners
     4     or mine electricians shall be eligible to engage at any time
     5     as miners in bituminous coal mines of this Commonwealth.
     6  Section 206.  Issuance of miners' certificates.
     7     The form and manner of issuing miners' certificates shall be
     8  designated by the department. Certificates granted shall entitle
     9  the certificate holder to be employed as and do the work of a
    10  miner in the bituminous coal mines of this Commonwealth. A
    11  certificate granted shall not be transferable and a transfer
    12  shall be deemed a violation of this act.
    13  Section 207.  Certification of mining machine operators and
    14                 shot-firers.
    15     (a)  General rule.--It shall be unlawful to employ as a
    16  mining machine operator or shot-firer in any bituminous coal
    17  mine any individual who has not given evidence to the department
    18  as to his fitness and competency to handle and use an approved
    19  gas detection device and his ability to determine the presence
    20  or absence of explosive gas and other dangerous conditions. The
    21  manner of determining fitness and competency shall be prescribed
    22  by the department. The department shall issue a certificate to
    23  those found competent, on a form prescribed by the department.
    24  The cost of the examination and certification shall be borne by
    25  the candidates.
    26     (b)  Eligibility.--An individual possessing a certificate of
    27  qualification issued by the Commonwealth entitling the
    28  individual to act as a mine foreman, assistant mine foreman,
    29  mine examiner or mine electrician is eligible to engage as a
    30  mining machine operator in a bituminous coal mine.
    20080S0949B2050                 - 49 -     

     1  Section 208.  Employment of mine foremen.
     2     In order to secure efficient management and proper
     3  ventilation of mines, to promote the health and safety of
     4  individuals employed in mines and to protect and preserve the
     5  property connected with mines, the operator or superintendent
     6  shall employ a competent and practical mine foreman for every
     7  mine, who shall be under the supervision and control of the
     8  operator or superintendent. The operator or superintendent of a
     9  mine shall be held as fully responsible as the individual
    10  appointed to act as mine foreman. The mine foreman shall have
    11  full charge of all the inside workings and the individuals
    12  employed in the mine, subject, however, to the supervision and
    13  control of the operator or superintendent, in order that all the
    14  provisions of this act so far as they relate to his duties shall
    15  be complied with, and the regulations prescribed for each class
    16  of workmen under his charge are carried out in the strictest
    17  manner possible.
    18  Section 209.  Employment of mine electricians.
    19     Each mine shall employ a certified mine electrician, who
    20  shall have full charge of the electrical apparatus at the mine,
    21  but shall be subject to the authority of the mine foreman. It
    22  shall be the duty of the mine electrician to assist the mine
    23  foreman in carrying out all the provisions of the bituminous
    24  mining laws bearing on the use and installation of electricity
    25  inside bituminous coal mines and the equipment powered thereby,
    26  and the mine electrician shall be subject to the same penalties
    27  as the mine foreman for any violation of these laws.
    28  Section 210.  Employment of assistant mine foremen.
    29     When mine workings become so extensive that the mine foreman
    30  is unable personally to carry out the requirements of this act
    20080S0949B2050                 - 50 -     

     1  pertaining to duties, the mine foreman shall have the right to
     2  employ a sufficient number of competent individuals to act as
     3  his assistants, who shall be under his instruction and the
     4  operator's or the superintendent's instruction in carrying out
     5  the provisions of this act. In each mine the mine foreman's
     6  assistants must possess assistant mine foreman certificates. In
     7  case of the necessary temporary absence of the mine foreman, the
     8  mine foreman may deputize his responsibilities, for the time
     9  being, to an assistant mine foreman, who shall perform all the
    10  duties of the mine foreman. Any mine foreman, assistant mine
    11  foreman, mine examiner or mine electrician may supervise and
    12  direct the work of a maximum of two noncertified miners, and
    13  shall instruct the individuals how safely and properly to
    14  perform their work.
    15  Section 211.  Ventilation responsibilities of mine foreman.
    16     The following shall apply:
    17         (1)  A mine foreman shall devote the whole of his time to
    18     his duties in the mine when the mine is in operation, shall
    19     keep careful watch over the ventilating apparatus, the
    20     ventilation, airways and travelways and shall see that all
    21     stoppings along airways are properly built.
    22         (2)  A mine foreman shall ensure that proper cut-throughs
    23     are made in the pillars of all rooms and entries, and that
    24     they are closed when necessary or when required by the
    25     department, so that the ventilating current can be conducted
    26     in sufficient quantity through the last cut-through to the
    27     face of each room and entry. A mine foreman shall not permit
    28     any room or entry to be turned in advance of the ventilating
    29     current or in advance of the last cut-through in the entry.
    30         (3)  A mine foreman or an assistant mine foreman shall
    20080S0949B2050                 - 51 -     

     1     measure the air current at or near the main inlet and outlet
     2     airway at least once each week, and also in the last cut-
     3     through in the last room and in the entry beyond the last
     4     room turned in each entry. A record shall be made of daily
     5     measurements in the assistant mine foreman's daily report
     6     book. The measurements shall be taken on days when
     7     individuals are at work, and for making the measurements an
     8     anemometer shall be provided and kept in good condition by
     9     the superintendent of the mine.
    10         (4)  The following pertain to fan stoppage:
    11             (i)  If a main mine fan stops and the ventilating
    12         quantity provided by the fan is not maintained by a
    13         backup fan system, the following actions shall be taken:
    14                 (A)  The power inby the loading point shall be
    15             immediately disconnected and all men shall be
    16             withdrawn from the face areas of the mine to a point
    17             out by the loading point on the main travelway with
    18             established communications.
    19                 (B)  As soon as it is known that the ventilation
    20             has been interrupted, all permissible battery-powered
    21             equipment shall be removed from the immediate face
    22             area and moved to a safe location out by the last
    23             open crosscut. All other battery-powered mobile
    24             equipment, except transportation equipment necessary
    25             for evacuation if located in a safe area, shall not
    26             be used after a ventilation interruption occurs. If
    27             possible, battery terminal leads shall be
    28             disconnected. If leads are not disconnected, all
    29             switches shall be turned off.
    30                 (C)  If the interruption is less than 15 minutes,
    20080S0949B2050                 - 52 -     

     1             the working places, adjacent places and all other
     2             active working areas where methane may accumulate
     3             will be examined by a certified mine foreman,
     4             assistant mine foreman or mine examiner to determine
     5             if methane in the amount of 1.0 volume percent or
     6             more exists before power is restored and the men are
     7             permitted to resume mining operations.
     8             (ii)  If the ventilation is not restored within 15
     9         minutes, the following precautions shall be taken:
    10                 (A)  The power to all underground areas shall be
    11             disconnected.
    12                 (B)  All individuals shall be withdrawn from the
    13             mine on foot under proper supervision.
    14                 (C)  If ventilation is restored before the
    15             evacuation is completed, the certified mine foreman,
    16             assistant mine foreman or mine examiner may start the
    17             reexamination of the mine, but all other individuals
    18             must continue to evacuate.
    19                 (D)  In order to provide for worker safety, power
    20             for communications may be left on.
    21             (iii)  As an alternative to evacuating the men on
    22         foot, a mine operator may propose to utilize mechanical
    23         equipment during the evacuation. To justify this proposal
    24         the operator must perform a survey that shows explosive
    25         gas will not migrate to or accumulate in the designated
    26         haulageways that will be used to evacuate the mine. The
    27         duration of the survey shall be at least twice the travel
    28         time from the farthest face to the surface. The operator
    29         shall provide the representative of the miners, if
    30         applicable, an opportunity to participate in the survey.
    20080S0949B2050                 - 53 -     

     1         The department will approve the survey criteria. Trolley
     2         equipment will not be used during a fan stoppage. If the
     3         survey provides affirmative results, which shall be
     4         provided to the department, the department shall approve
     5         a plan that provides:
     6                 (A)  That permissible transportation equipment
     7             shall be used if available.
     8                 (B)  That evacuations shall begin within 15
     9             minutes after a ventilation interruption and shall
    10             proceed in an orderly and expedient manner.
    11                 (C)  That the minimum number of vehicles will be
    12             used for the evacuation.
    13                 (D)  That, during transportation, a certified
    14             individual qualified to perform methane examinations
    15             riding in each vehicle shall continuously monitor for
    16             methane using a handheld detector and at specific
    17             locations designated by the operator based on the
    18             survey results. The speed of the vehicles shall not
    19             be so fast as to negate the detector's ability to
    20             accurately measure methane levels.
    21                 (E)  That, if at any time during the evacuation
    22             methane is detected in an amount of .25% or more, the
    23             transportation vehicles will be deenergized and the
    24             evacuation completed on foot.
    25                 (F)  That the operator, the department and the
    26             representative of the miners, if applicable, shall
    27             review the plan annually or more frequently if
    28             conditions warrant.
    29             (iv)  If ventilation is restored to normal water
    30         gauge before the evacuation is completed, a certified
    20080S0949B2050                 - 54 -     

     1         mine foreman, assistant mine foreman or mine examiner may
     2         start the reexamination of the mine, but all other
     3         individuals must continue to evacuate.
     4             (v)  The reexamination shall be made of the mine in
     5         the same manner as a preshift examination for a coal-
     6         producing shift before any power underground is
     7         energized, including battery-powered or diesel-powered
     8         equipment, or before individuals are permitted to enter
     9         the mine. The examination shall be made on foot, except
    10         an operator may use permissible transportation equipment
    11         on intake travelways only for reexamination after a fan
    12         stoppage if the examination is started within the time
    13         period established by the survey. The examination shall
    14         be recorded in the official mine record books used for
    15         examinations under section 218.
    16         (5)  The mine foreman shall notify the superintendent in
    17     writing whenever in his opinion the mine is becoming
    18     dangerous through the lack of ample ventilation at the face
    19     of entries, rooms and other portions of the mine, caused by
    20     the undue length of entries and airways or from any other
    21     cause, resulting in the accumulation of gas or coal dust, or
    22     both, in various portions of the mine. The superintendent
    23     shall thoroughly investigate the mine foreman's report and,
    24     if substantiated, order necessary work done to put the
    25     affected area in safe operating condition. It shall be the
    26     duty of the superintendent to immediately notify the
    27     department of the condition.
    28         (6)  The mine foreman shall see that every mine releasing
    29     explosive gas is kept free of standing methane, but any
    30     accumulation of explosive or noxious gases in the worked-out
    20080S0949B2050                 - 55 -     

     1     or abandoned portions of any mine shall be removed as soon as
     2     possible after its discovery, if it is practicable to remove
     3     it. No individual endangered by the presence of explosive or
     4     noxious gases shall be allowed in that portion of the mine
     5     until the gases have been removed. The mine foreman shall
     6     direct and see that all dangerous places and the entrance or
     7     entrances to worked-out and abandoned places in all mines are
     8     properly fenced off across the openings so that no individual
     9     can enter, and that danger signs are posted upon said fencing
    10     to warn individuals of the existing danger.
    11         (7)  When operations are temporarily suspended in a mine,
    12     the mine foreman shall see that danger signs are placed
    13     across the mine entrance, which signals shall be sufficient
    14     warning for unauthorized individuals not to enter the mine.
    15     If the circulation of air through the mine be stopped, each
    16     entrance to the mine shall be fenced off in such a manner as
    17     will ordinarily prevent individuals from entering the mine,
    18     and a danger sign shall be displayed upon the fence at each
    19     entrance and maintained in good condition. The mine foreman
    20     shall see that all danger signs used in the mine are in good
    21     condition and if any become defective, he shall notify the
    22     superintendent.
    23  Section 212.  Mine foreman's responsibility for working place
    24                 safety.
    25     The following shall apply:
    26         (1)  The mine foreman or assistant mine foreman shall
    27     direct and see that every working place is properly secured
    28     and shall see that no individual is directed or permitted to
    29     work in an unsafe place, unless it be for the purpose of
    30     making it safe. The mine foreman shall see that workmen are
    20080S0949B2050                 - 56 -     

     1     provided with sufficient roof support materials delivered to
     2     their working place or places. When timbers are used for roof
     3     support, they shall be cut square on both ends and as near as
     4     practicable to proper length.
     5         (2)  Every workman in need of roof support materials       <--
     6     shall notify the mine foreman or the assistant mine foreman
     7     of the fact at least one day in advance, stating the roof
     8     support materials are required. In case of emergency, roof
     9     support materials may be ordered immediately upon the
    10     discovery of danger. If for any reason the necessary roof
    11     support materials cannot be supplied when required, the mine
    12     foreman or assistant mine foreman shall instruct the workmen
    13     to vacate the place until the material needed is supplied.
    14         (3)  The mine foreman or assistant mine foreman shall
    15     direct and see that, as the miners advance in their
    16     excavation, all dangerous and doubtful pieces of coal, slate
    17     and rock are taken down or immediately carefully secured
    18     against falling on the workmen. Any workman who neglects to
    19     carry out or disobeys the instructions of the mine foreman or
    20     assistant mine foreman, in regard to securing his working
    21     place, shall be suspended or discharged by the mine foreman,
    22     and if such negligence or disobedience results in serious
    23     injury or loss of life to any individual, the mine foreman
    24     shall report the name of that workman to the department for
    25     prosecution under the requirements of this act.
    26         (4)  The mine foreman shall give prompt attention to the
    27     removal of all dangers reported to him by his assistants, the
    28     mine examiner or any other individual working in the mine,
    29     and in case it is impracticable to immediately remove the
    30     danger, he shall notify every individual whose safety is
    20080S0949B2050                 - 57 -     

     1     threatened to remain away from the area of the mine where the
     2     dangerous conditions exist.
     3         (5)  The mine foreman, his assistant or the mine examiner
     4     shall, once each week, travel and examine all the air courses
     5     and openings that give access to old workings or falls and
     6     make a record in ink of the condition of all places in the
     7     book provided for that purpose.
     8         (6)  It shall be the duty of the mine foreman to see that
     9     approved gas detection devices are used when and where
    10     required by this act. No approved gas detection device shall
    11     be entrusted to any individual for use in a mine until the
    12     individual has given satisfactory evidence to the mine
    13     foreman that he understands the proper use of the device and
    14     the danger of tampering with the device. The transportation
    15     of tools into and out of the mine shall be under the
    16     direction of the mine foreman or an assistant mine foreman.
    17         (7)  Instructions shall be given by the mine foreman,
    18     assistant mine foreman or mine examiner, or other authorized
    19     individual, as to when, where and how roof supports shall be
    20     placed in order to avoid accidents from falls and to mine
    21     coal with safety to themselves and others. In addition, the
    22     mine foreman or assistant mine foreman shall give special
    23     care and attention to drawing pillars, particularly when
    24     falls are thereby being made.
    25  Section 213.  Mine foreman's responsibilities for blasting.
    26     The following shall apply:
    27         (1)  The mine foreman shall direct that the coal is
    28     properly mined before it is blasted, shot or broken. For
    29     purposes of this paragraph, the term "properly mined" shall
    30     mean that the coal shall be undercut, centercut, overcut or
    20080S0949B2050                 - 58 -     

     1     sheared by pick or machine, and in any case the cutting shall
     2     be as deep as the holes are laid.
     3         (2)  The mine foreman or assistant mine foreman, under
     4     instructions from the mine foreman, shall direct that the
     5     holes for blasting shall be properly placed and shall
     6     designate the angle and depth of holes, which shall not be
     7     deeper than the undercutting, centercutting, overcutting or
     8     shearing, the maximum quantity of explosives required for
     9     each hole and the method of charging and tamping.
    10         (3)  The mine foreman shall employ a sufficient number of
    11     competent and legally certified individuals to act as shot-
    12     firers.
    13  Section 214.  Mine foreman's responsibilities for drainage.
    14     The following shall apply:
    15         (1)  The mine foreman shall see that the work areas are
    16     kept as free from water as practicable during working hours.
    17     Except for individuals necessary to correct the condition,
    18     individuals shall not enter an area with such accumulations.
    19         (2)  Whenever any working place in a mine approaches
    20     within 50 feet of abandoned workings, as shown by surveys
    21     certified by a registered engineer or surveyor, or within 500
    22     feet of any other abandoned workings of the mine, which
    23     cannot be inspected and which may contain dangerous
    24     accumulations of water or gas, or within 500 feet of any
    25     workings of an adjacent mine, a test drilling plan which
    26     provides for the safety of all individuals must be submitted
    27     by the operator to the department for approval. The
    28     department may increase the setback distances under this
    29     paragraph.
    30         (3)  No mining may occur within the setback distances
    20080S0949B2050                 - 59 -     

     1     under paragraph (2) unless the department approves the test
     2     drilling plan and gives permission to proceed.
     3         (4)  No water or gas from any portion of an abandoned
     4     mine, or from any idle portion of an active mine, and no
     5     borehole from the surface shall be tapped except under the
     6     immediate instruction and direction of the mine foreman with
     7     the use of approved gas detection equipment. It shall be
     8     unlawful to work or employ individuals to work in any portion
     9     of a bituminous coal mine in which a body of water is dammed
    10     or held back at a higher elevation in the same mine by
    11     natural or artificial means, unless approval is given in
    12     writing by the department.
    13         (5)  The department shall not accept from an operator a
    14     six-month mine subsidence map as required by the act of April
    15     27, 1966 (1st Sp.Sess. P.L.31, No.1), known as The Bituminous
    16     Mine Subsidence and Land Conservation Act, unless the map
    17     includes the information required by paragraphs (2), (3) and
    18     (4).
    19  Section 215.  Mine foreman's responsibility for employment of
    20                 competent individuals.
    21     A noncertified individual may not be employed to operate
    22  equipment in a mine until the individual has completed a
    23  training program approved by the department and has given the
    24  mine foreman satisfactory proof that the individual can do the
    25  assigned work without endangering anyone.
    26  Section 216.  Mine foreman's responsibilities for inspections
    27                 and reports.
    28     The following shall apply:
    29         (1)  In all mines, the mine foreman shall employ a
    30     sufficient number of assistants to ensure a visit to each
    20080S0949B2050                 - 60 -     

     1     employee during each shift, except mine officials and miners
     2     whose normal duties require travel throughout the mine,
     3     either by the mine foreman or his assistants.
     4         (2)  The mine foreman shall each day enter plainly and
     5     sign in ink a report of the condition of the mine in a book
     6     provided for that purpose. The report shall clearly state any
     7     danger that may have come under his observation during the
     8     day or any danger reported by the assistant mine foreman or
     9     the mine examiners. The report shall also state whether or
    10     not a proper supply of material is on hand for the safe
    11     working of the mine, and whether or not the requirements of
    12     law are complied with. The mine foreman shall also, once each
    13     week, enter plainly in ink in the book a true report of all
    14     weekly air measurements required by this act, designating the
    15     place, the area of each cut-through and entry separately, the
    16     velocity of the air in each cut-through and entry, the
    17     quantity of the air in each cut-through and entry and the
    18     number employed in each separate split of air, with the date
    19     when measurements were taken. The book shall at all times be
    20     kept in the mine office, for examination by the department or
    21     any individual working in the mine, in the presence of the
    22     superintendent or the mine foreman. The mine foreman shall
    23     also each day read carefully and countersign in ink all
    24     reports entered in the record book of the mine examiners.
    25         (3)  When assistant mine foremen are employed, their duty
    26     shall be to assist the mine foreman in complying with the
    27     provisions of this act, and they shall be liable to the same
    28     penalties as the mine foreman for any violation of this act
    29     in parts or portions of the mine under their jurisdiction. At
    30     the end of each shift, each assistant mine foreman shall make
    20080S0949B2050                 - 61 -     

     1     a report in a book provided for that purpose, giving the
     2     general condition as to safety of the working places visited,
     3     and shall make a note of any unusual occurrence observed
     4     during the shift. The mine foreman shall read carefully the
     5     daily report of each assistant mine foreman and shall sign
     6     the report in ink daily. Where more than one portal is being
     7     used for the entrance of miners into a mine, the mine foreman
     8     may designate an assistant who holds a mine foreman
     9     certificate to sign the assistant mine foreman's and mine
    10     examiner's daily report books at each portal other than the
    11     main portal.
    12         (4)  It shall be the duty of the mine foreman or
    13     assistant mine foreman, or an authorized individual
    14     designated by the mine foreman, to examine daily in a general
    15     way all electrical equipment and other machinery under his
    16     jurisdiction to see that it is in safe operating condition
    17     and make a report in the assistant mine foreman's daily
    18     report book. It shall be the duty of the mine electrician to
    19     make and sign a written report once each week in a record
    20     book provided for that purpose, stating the condition of
    21     electrical equipment and other machinery in the mine. The
    22     report shall be countersigned by the mine foreman.
    23  Section 217.  Employment of mine examiners.
    24     The mine foreman shall employ a sufficient number of mine
    25  examiners to ensure that each mine can be examined in accordance
    26  with the provisions of this act. The mine foreman or the
    27  assistant mine foreman shall ensure that the mine examiner has
    28  initialed, including date and time, the places examined or
    29  reported as examined.
    30  Section 218.  Duties of mine examiners.
    20080S0949B2050                 - 62 -     

     1     (a)  Examination of mine.--Within three hours immediately      <--
     2  preceding the beginning of a coal-producing shift and before any
     3  workmen in such shift, other than those who may be designated to
     4  make the examination under this section, enter the underground
     5  areas of the mine, the mine foreman, assistant mine foreman or
     6  mine examiner designated by the mine foreman shall make an
     7  examination of the areas as prescribed in this section. Each
     8  individual designated to act as a mine examiner shall be
     9  directed to examine a definite underground area of the mine and
    10  shall inspect every active working place and places immediately
    11  adjacent in the area and make tests with an approved gas
    12  detection device for accumulations of methane and oxygen-
    13  deficiency in the air. The mine examiner shall examine seals and
    14  doors to determine whether they are functioning properly;
    15  inspect and test the roof, face and rib conditions in the
    16  working places; inspect active roadways, every unfenced roadway,
    17  travelways, approaches to abandoned workings, and accessible
    18  falls in active sections for explosive gas and other hazards;
    19  and inspect to determine whether the air in each split is
    20  traveling in its proper course and in normal volume. The mine
    21  examiner shall initial and date the face of each place he
    22  examines or in a nearby location. If the mine examiner finds a
    23  condition which the mine examiner considers to be dangerous to
    24  individuals who may enter or be in such area, he shall post a
    25  "danger" sign conspicuously at a point which individuals
    26  entering such dangerous place would be required to pass. No
    27  individual, other than Federal or State mine inspectors, or the
    28  mine foreman or assistant mine foreman, or individuals
    29  authorized by the mine foreman or assistant mine foreman to
    30  enter the place for the purpose of eliminating the dangerous
    20080S0949B2050                 - 63 -     

     1  condition, shall enter the place while the sign is posted.
     2     (b)  Record book.--A suitable record book shall be kept at
     3  the mine office, on the surface, of every mine where mine
     4  examiners are employed, and immediately after the examination of
     5  the mine or any portion thereof by a mine examiner, whose duty
     6  it is to make the examination, he shall enter in the book, with
     7  ink, a record of the examination, and sign the same. This record
     8  shall show the time taken in making the examination, and also
     9  clearly state the nature and location of any danger that may
    10  have been discovered in any room or entry or other place in the
    11  mine, and if any danger has been discovered, the mine examiners
    12  shall immediately report the location thereof to the mine
    13  foreman. No individual shall enter the mine until the mine
    14  examiners return to the mine office on the surface, or to a
    15  station located in the intake entry of the mine, where a record
    16  book as provided for in this section shall be kept in a
    17  fireproof vault and signed by the individual making the
    18  examination, and report to the mine foreman or the assistant
    19  mine foreman, by telephone or otherwise, and a written report
    20  made thereof by the individual receiving the report, that the
    21  mine is in safe condition for individuals to enter. When a
    22  station is located in any mine, it shall be the duty of the mine
    23  examiners to sign the report entered in the record book in the
    24  mine office on the surface. The record books of the mine
    25  examiners shall at all times during working hours be accessible
    26  to the department and any individual working in the mine.
    27     (c)  Second examination.--A second examination by the same or
    28  other mine examiner shall be made during working hours of every
    29  working place where men are employed, and a report of the
    30  examination shall be made in the mine examiner report book in
    20080S0949B2050                 - 64 -     

     1  the same manner as the first examination. No individual on a
     2  noncoal-producing shift, other than a certified individual
     3  designated under this section, shall enter any underground area
     4  in a mine, unless the area, which shall include all places on
     5  that particular split of air, has been examined as prescribed in
     6  this section within three hours immediately preceding his
     7  entrance into the area.
     8     (A)  EXAMINATION OF MINE.--WITHIN THREE HOURS IMMEDIATELY      <--
     9  PRECEDING THE BEGINNING OF A SHIFT IN A BITUMINOUS COAL MINE IN
    10  THIS COMMONWEALTH, AND BEFORE WORKMEN OF THE SHIFT, OTHER THAN
    11  THOSE WHO MAY BE DESIGNATED TO MAKE THE EXAMINATIONS PRESCRIBED
    12  IN THIS SECTION, ENTER THE UNDERGROUND AREAS OF THE MINE,
    13  CERTIFIED INDIVIDUALS DESIGNATED BY THE MINE FOREMAN TO MAKE AN
    14  EXAMINATION SHALL CONDUCT AN EXAMINATION OF THE AREAS AS
    15  PRESCRIBED IN THIS SECTION. EACH PERSON DESIGNATED TO ACT AS A
    16  MINE EXAMINER SHALL BE DIRECTED TO EXAMINE A DEFINITE
    17  UNDERGROUND AREA OF THE MINE, AND IN MAKING HIS EXAMINATION, THE
    18  MINE EXAMINER SHALL INSPECT EVERY ACTIVE WORKING PLACE AND
    19  IMMEDIATELY ADJACENT PLACES IN THE AREA AND MAKE TESTS WITH AN
    20  APPROVED GAS DETECTION DEVICE FOR ACCUMULATIONS OF METHANE AND
    21  OXYGEN-DEFICIENCY IN THE AIR.
    22     (B)  DUTIES OF MINE EXAMINER.--THE MINE EXAMINER SHALL:
    23         (1)  EXAMINE SEALS AND DOORS TO DETERMINE WHETHER THEY
    24     ARE FUNCTIONING PROPERLY.
    25         (2)  INSPECT AND TEST THE ROOF, FACE AND RIB CONDITIONS
    26     IN THE WORKING PLACES.
    27         (3)  INSPECT ACTIVE ROADWAYS, EVERY UNFENCED ROADWAY,
    28     TRAVELWAYS, APPROACHES TO ABANDONED WORKINGS AND ACCESSIBLE
    29     FALLS IN ACTIVE SECTIONS FOR EXPLOSIVE GAS AND OTHER HAZARDS.
    30         (4)  INSPECT TO DETERMINE WHETHER THE AIR IN EACH SPLIT
    20080S0949B2050                 - 65 -     

     1     IS TRAVELING IN ITS PROPER COURSE AND IN NORMAL VOLUME.
     2         (5)  INITIAL AND DATE AT OR NEAR THE FACE OF EACH PLACE
     3     EXAMINED.
     4         (6)  INDICATE A DANGEROUS PLACE IF, IN MAKING AN
     5     EXAMINATION, THE MINE EXAMINER FINDS A CONDITION WHICH HE
     6     CONSIDERS DANGEROUS TO INDIVIDUALS WHO MAY ENTER THE AREA, BY
     7     POSTING A "DANGER" SIGN CONSPICUOUSLY AT A POINT WHICH
     8     INDIVIDUALS ENTERING SUCH DANGEROUS PLACE ARE REQUIRED TO
     9     PASS. NO INDIVIDUAL, OTHER THAN FEDERAL OR STATE MINE
    10     INSPECTORS, OR THE MINE FOREMAN OR ASSISTANT MINE FOREMAN, OR
    11     INDIVIDUALS AUTHORIZED BY THE MINE FOREMAN OR ASSISTANT MINE
    12     FOREMAN OR THE REPRESENTATIVE OF THE MINERS SHALL BE
    13     PERMITTED TO ENTER THE DANGEROUS PLACE WHILE THE SIGN IS
    14     POSTED, EXCEPT THOSE MINERS ASSIGNED TO ELIMINATE THE
    15     DANGEROUS CONDITION.
    16         (7)  IMMEDIATELY REPORT DANGER AND ITS LOCATION TO THE
    17     MINE FOREMAN, IF DANGER HAS BEEN DISCOVERED.
    18         (8)  SIGN THE REPORT ENTERED IN THE RECORD BOOK IN THE
    19     MINE OFFICE ON THE SURFACE WHEN A STATION IS LOCATED IN A
    20     MINE.
    21     (C)  RECORD BOOK.--AT EVERY MINE WHERE MINE EXAMINERS ARE
    22  EMPLOYED, A SUITABLE RECORD BOOK SHALL BE KEPT AT THE MINE
    23  OFFICE LOCATED ON THE SURFACE. IMMEDIATELY AFTER THE EXAMINATION
    24  OF A MINE OR ANY PORTION OF THE MINE BY THE MINE EXAMINER, THE
    25  MINE EXAMINER SHALL ENTER IN THE RECORD BOOK, IN INK, A RECORD
    26  OF THE EXAMINATION AND SIGN THE RECORD BOOK. THE RECORD BOOK
    27  SHALL BE KEPT IN A FIRE-PROOF VAULT. THE RECORD SHALL:
    28         (1)  SHOW THE TIME TAKEN IN MAKING THE EXAMINATION.
    29         (2)  CLEARLY STATE THE NATURE AND LOCATION OF DANGEROUS
    30     OR POTENTIALLY DANGEROUS CONDITIONS THAT MAY HAVE BEEN
    20080S0949B2050                 - 66 -     

     1     DISCOVERED IN ANY ROOM OR ENTRY OR OTHER PLACE IN THE MINE.
     2     (D)  PROHIBITIONS.--NO INDIVIDUAL SHALL ENTER THE MINE UNTIL
     3  THE MINE EXAMINERS RETURN TO THE MINE OFFICE OR TO A STATION
     4  LOCATION IN THE INTAKE ENTRY OF THE MINE, AND REPORT TO THE MINE
     5  FOREMAN OR THE ASSISTANT MINE FOREMAN, BY TELEPHONE OR
     6  OTHERWISE, THAT THE MINE IS IN SAFE CONDITION FOR INDIVIDUALS TO
     7  ENTER. NO INDIVIDUAL ON A NON-COAL PRODUCING SHIFT, OTHER THAN A
     8  CERTIFIED INDIVIDUAL DESIGNATED UNDER THIS PARAGRAPH, SHALL
     9  ENTER ANY UNDERGROUND AREA IN A MINE, UNLESS THE AREA, WHICH
    10  SHALL INCLUDE ALL PLACES ON THAT PARTICULAR SPLIT OF AIR, HAS
    11  BEEN EXAMINED AS PRESCRIBED IN THIS SUBSECTION WITHIN THREE
    12  HOURS IMMEDIATELY PRECEDING HIS ENTRANCE INTO SUCH AREA.
    13     (E)  WRITTEN REPORT.--A WRITTEN REPORT SHALL BE MADE OF THE
    14  COMMUNICATION MADE UNDER SUBSECTION (D) BY THE PERSON RECEIVING
    15  THE REPORT.
    16     (F)  ACCESS TO RECORD BOOKS.--AT ALL TIMES DURING WORKING
    17  HOURS, THE RECORD BOOKS OF THE MINE EXAMINERS SHALL BE
    18  ACCESSIBLE TO:
    19         (1)  THE MINE INSPECTOR.
    20         (2)  ANY INDIVIDUAL WORKING IN THE MINE.
    21         (3)  AUTHORIZED REPRESENTATIVES OF THE MINERS.
    22     (G)  SECOND EXAMINATION.--A SECOND EXAMINATION BY THE SAME OR
    23  OTHER MINE EXAMINER SHALL BE MADE DURING WORKING HOURS OF EVERY
    24  WORKING PLACE WHERE MINERS ARE EMPLOYED. A REPORT OF THE
    25  EXAMINATION SHALL BE MADE IN THE MINE EXAMINER RECORD BOOK IN
    26  THE SAME MANNER AS THE FIRST EXAMINATION.
    27  Section 219.  Management of mine.
    28     The right to hire and discharge employees, management of the
    29  mine and the direction of the working forces are vested
    30  exclusively in the operator. No individual, association,
    20080S0949B2050                 - 67 -     

     1  organization or corporation shall interfere with or attempt to
     2  interfere with, abridge or attempt to abridge, in any manner
     3  whatsoever, these rights, provided that these rights do not
     4  invalidate any existing or future contract.
     5  Section 220.  Duties of superintendent.
     6     (a)  General rule.--It shall be the duty of every
     7  superintendent, on behalf and at the expense of the operator, to
     8  keep on hand at each mine at all times a sufficient quantity of
     9  all materials and supplies required to preserve the health and
    10  safety of the employees, as ordered by the mine foreman and
    11  required by this act. If, for any reason, the superintendent
    12  cannot procure the necessary materials or supplies, he shall
    13  immediately notify the mine foreman, whose duty it shall be to
    14  withdraw all individuals from the mine, or portion of the mine,
    15  until the materials or supplies are received.
    16     (b)  Examination.--The superintendent shall, at least once
    17  every week, read, examine and countersign all reports entered in
    18  the mine record book. If the superintendent determines that the
    19  law is being violated, the superintendent shall order the mine
    20  foreman to stop the violation and ensure compliance with that
    21  order.
    22  Section 221.  Qualifications and general responsibility of
    23                 superintendent.
    24     The following shall apply:
    25         (1)  Beginning one year after the effective date of this
    26     paragraph, no individual may be appointed as a superintendent
    27     at any mine in this Commonwealth unless the individual holds
    28     a current, valid mine foreman certificate. In the event that
    29     a superintendent is found by the department to be in breach
    30     of his or her responsibilities as superintendent, the
    20080S0949B2050                 - 68 -     

     1     department may suspend or revoke the superintendent's mine
     2     foreman certificate.
     3         (2)  No individual may serve as the superintendent for
     4     more than one mine.
     5         (3)  The superintendent shall not obstruct the mine
     6     foreman or other official in the fulfillment of his duties as
     7     required by this act. The superintendent shall ensure that
     8     the mine foreman and all other employees of the mine comply
     9     with the law. The superintendent shall immediately respond to
    10     a violation of this act upon notification by the department.
    11     The superintendent shall be responsible for all the outside
    12     workings and all individuals employed at the mine. At a mine
    13     where a superintendent is not employed, the mine foreman
    14     shall have all the duties and responsibilities otherwise
    15     given to the superintendent in addition to the regular duties
    16     of the mine foreman.
    17  Section 222.  Danger signs.
    18     The superintendent of every mine shall provide a sufficient
    19  number of danger signs which the mine foreman or the assistant
    20  mine foreman shall distribute in the mine at places convenient
    21  for the use of the mine examiners and other officials in the
    22  fulfillment of their duties. Danger signs in all mines shall be
    23  uniform and of a design approved by the department. All danger
    24  signs shall be kept in good condition and no defective sign
    25  shall be used in any mine.
    26  Section 223.  Supply of record books.
    27     The superintendent shall keep on hand at the mine a supply of
    28  the record books required by this act and shall ensure that
    29  record books are delivered to the proper individuals at the mine
    30  and that they are properly cared for.
    20080S0949B2050                 - 69 -     

     1  Section 224.  Mapping requirements and surveying standards.
     2     (a)  General rule.--The operator or superintendent of each
     3  mine shall cause to be made by a registered mining engineer or
     4  registered professional surveyor an accurate, professional
     5  quality map of the mine, on a scale of not less than 200 feet to
     6  the inch. At a minimum, the map shall show:
     7         (1)  A complete legend identifying all features
     8     represented on the map and a title block including all
     9     changes of mine ownership and the dates of those changes.
    10         (2)  An accurate delineation of the current extent of the
    11     workings of the mine and all mines or coal lands, or both,
    12     inside the permit boundary and all mines or coal lands, or
    13     both, within 1,000 feet of the outside of the permit
    14     boundary. The delineation must show all workings of all mines
    15     above and below the mine within the permit boundary and
    16     within 1,000 feet of the outside of the permit boundary.
    17         (3)  Barrier pillars for all mine workings inside the
    18     permit boundary and all mine workings adjacent to the permit
    19     boundary.
    20         (4)  Two permanent baseline points coordinated with the
    21     underground and surface traverse points, and two permanent
    22     elevation benchmarks referencing mine elevation surveys. The
    23     baseline points and elevation benchmarks shall be prepared
    24     using the Pennsylvania State Plan Coordinate System (NAD83
    25     Datum). In the alternative, the map shall include coordinate
    26     transformation equations converting the baseline points shown
    27     to correlate to the Pennsylvania State Plan Coordinate
    28     System.
    29         (5)  All openings, excavations, shafts, slopes, drifts,
    30     tunnels, entries, crosscuts, rooms, boreholes and all other
    20080S0949B2050                 - 70 -     

     1     excavations, including surface pits and auger holes in each
     2     seam.
     3         (6)  Areas where the pillars or longwall panels have been
     4     removed.
     5         (7)  The name or number of each butt, room and section,
     6     if available.
     7         (8)  Ventilation controls, air splits and the direction
     8     of air currents using arrows.
     9         (9)  USGS elevation at the top and bottom of each shaft,
    10     slope, drift and borehole.
    11         (10)  Bottom of coal elevations, taken at intervals not
    12     to exceed 300 feet apart, in one entry of each section and in
    13     one entry of each set of rooms off such sections.
    14         (11)  Bottom of coal elevations taken in the last open
    15     crosscut of all sections and each set of rooms off such
    16     section before they are abandoned.
    17         (12)  Elevation contour lines at whole number ten-foot
    18     increments, unless the seam is steeply pitching, after which
    19     it may be 25-foot intervals.
    20         (13)  The number or designation of each survey station
    21     and the date of the last survey in the entries, as they are
    22     represented on the map.
    23         (14)  The location and elevation of any body of water
    24     dammed or held back in any portion of the mine, giving the
    25     volume in gallons of the body of water.
    26         (15)  The location of streams, rivers, lakes, dams or any
    27     other bodies of water on the surface, with their surface
    28     elevations accurately and plainly marked.
    29         (16)  The location of permanent surface features such as
    30     railroad tracks, public highways, permanent buildings and oil
    20080S0949B2050                 - 71 -     

     1     and gas wells.
     2         (17)  All seals and bulkheads within the mine.
     3     (b)  Accuracy standards.--The following accuracy standards
     4  must be met:
     5         (1)  A minimum elevation closure of plus or minus one
     6     foot per 5,000 feet is required.
     7         (2)  Mine traverse, advanced by closed loop method of
     8     survey or other equally accurate method of traversing.
     9     Minimum angular and coordinate ties for raw data would be an
    10     angular tie of less than one minute and a coordinate time of
    11     greater than 1 to 10,000 for any given closed loop survey.
    12     (c)  Surveying standards.--The extent of surveying shown on
    13  the map shall be acceptable where the following minimum
    14  underground surveying standards are met:
    15         (1)  Every entry must be surveyed at intervals not to
    16     exceed 300 lineal feet. Survey station spads shall be
    17     established in each entry of all mains, sections, butts,
    18     rooms and other excavations. Survey lines may extend from
    19     adjacent entries as long as the interval between survey
    20     station spads within an entry does not exceed 300 lineal
    21     feet. Continuous survey lines must be maintained in at least
    22     one entry.
    23         (2)  Lateral take-ups, left and right, must be taken in
    24     every entry at all intersections and must denote the location
    25     of all intersections and define the corners and the location
    26     of the rib line within each entry. For any excavation greater
    27     than 20% from the planned excavation, additional lateral
    28     take-ups must be taken to define this area. All of the
    29     information must be accurately portrayed on the mine map.
    30         (3)  All workings not surveyed and taken from a working
    20080S0949B2050                 - 72 -     

     1     map or other unofficial record shall be shown on the map with
     2     dashed lines. The legend shall identify that these areas have
     3     not been surveyed.
     4         (4)  A survey station spad is required to be within 300
     5     feet of the deepest penetration of the final faces of each
     6     mining section, butt or room. The number or designation of
     7     the last survey station spad and the date of such survey of
     8     the entries are to be shown on the mine map. The area from
     9     this spad to the face will be considered surveyed provided
    10     that lateral and face take-ups have been completed and
    11     recorded in the field book and shown on the mine map. Field
    12     books shall be available for inspection. If lateral and face
    13     take-ups are not completed, the area inby the last survey
    14     station spad must be identified on the map with dashed lines.
    15     The survey station spads located in each mining section, butt
    16     or room shall be tied to a check survey station.
    17         (5)  Check survey stations shall be advanced to within
    18     300 feet of the deepest penetration of all mains, submains,
    19     sections and butts. Check survey stations shall be advanced
    20     to within 600 feet of the deepest penetration of all rooms.
    21         (6)  Check survey stations shall be advanced to within
    22     100 feet of the deepest penetration of all mining sections,
    23     butts, rooms and excavations adjacent to the permit or
    24     property boundary lines.
    25     (d)  Verification.--Prior to each area's being sealed, the
    26  operator or superintendent shall verify in writing that the map
    27  of the sealed area meets the requirements of this act. To the
    28  extent that any areas in the mine cannot be surveyed, these
    29  areas shall be indicated on the map.
    30  Section 225.  Availability of copy of map.
    20080S0949B2050                 - 73 -     

     1     A true copy of the map made pursuant to section 224 shall be
     2  kept in the mine office for the use of the mine officials and
     3  department, and for the inspection, in the presence of the
     4  superintendent or mine foreman, of any individual working in the
     5  mine, or of authorized representatives of the employees of the
     6  mine, whenever the individual or representative fears that any
     7  working place is becoming dangerous by reason of its proximity
     8  to other workings that may contain dangerous accumulations of
     9  water or noxious gases.
    10  Section 226.  Excavations on map.
    11     At least once every six months, the operator or
    12  superintendent of every mine shall cause to be shown accurately
    13  on the original map of the mine, and on the copy of the map in
    14  the mine office, all the excavations made during the time that
    15  elapsed since the excavations were last shown.
    16  Section 227.  Furnishing copies of maps.
    17     A copy of the mine map shall be furnished every six months to
    18  the department. When more than one seam of coal is being worked
    19  in any mine, the department shall be provided with a separate
    20  copy of the original map of the complete workings of each seam
    21  as provided for under this act. The copies shall remain in the
    22  care of the department. When one mine is working a seam of coal
    23  under another mine that is working an overlying seam and the two
    24  mines are operated by different operators, the operators shall
    25  exchange with each other copies of their respective mine maps,
    26  showing such portions of their respective mines as may be
    27  directly above or below the other mine.
    28  Section 228.  Duties upon abandonment of mine.
    29     (a)  General rule.--If a mine is inactive for a period of 60
    30  days or more or if the operator intends to cease ventilation of
    20080S0949B2050                 - 74 -     

     1  the mine, the operator or the superintendent shall notify the
     2  department at once and shall, within 60 days, extend the
     3  official map to show clearly all worked-out or abandoned
     4  territory with all excavations, property and boundary lines,
     5  elevations and map features as required under this act or, if
     6  the workings are not accessible, provide a copy of the most
     7  recent map available that is clearly marked to state that the
     8  workings shown were not surveyed. The owner or operator of the
     9  mine shall also, within 45 days after its change in status, send
    10  to the department a tracing, print or digital map in a format
    11  acceptable to the department of the complete original map. The
    12  registered mining engineer or registered surveyor shall certify
    13  that the tracing, print or digital map is a true and correct
    14  copy of the original map of the mine and that the original map
    15  is a true, complete and correct map and survey of all the
    16  excavations made in the inactive or abandoned mine. A dated
    17  statement signed by a company or corporate officer stating that
    18  the map represents a complete and accurate representation of all
    19  underground excavations and is the final map of the mine, or
    20  stating that the map provided is not a surveyed final map due to
    21  inaccessibility of the workings, shall be included.
    22     (b)  Violation.--If the operator, superintendent or company
    23  or corporate officer fails to provide the certified final map or
    24  recklessly or intentionally submits an inaccurate certified map,
    25  the violation shall be a felony subject to prosecution under
    26  section 505. Costs incurred by the Commonwealth as a result of a
    27  violation of this subsection may be recovered as restitution.
    28  Section 229.  Survey by department.
    29     If the department has reasonable cause to believe that a map
    30  of any mine furnished under the provisions of this act is
    20080S0949B2050                 - 75 -     

     1  inaccurate or imperfect, the department may require the operator
     2  to make a survey and a new map of the mine.
     3  Section 230.  Ventilation requirements.
     4     (a)  General rule.--The operator or superintendent of a mine
     5  shall provide and maintain ample means of ventilation to furnish
     6  a constant and adequate supply of pure air for the employees.
     7  The quantity and velocity of the current of air shall be
     8  sufficient to dilute so as to render harmless and carry away
     9  flammable or harmful gases.
    10     (b)  Specification.--The quantity of air reaching the last
    11  open crosscut in any pair or set of entries shall not be less
    12  than 9,000 cubic feet per minute. All active underground work
    13  areas in a mine shall be ventilated by a current of air
    14  containing not less than 19.5% oxygen and not more than .5%
    15  carbon dioxide and no harmful quantities of other noxious or
    16  poisonous gases.
    17     (c)  Ventilating belt entries.--A belt conveyor entry shall
    18  be isolated from the adjacent entries.
    19         (1)  The following requirements apply:
    20             (i)  The quantity of air traveling in the belt
    21         conveyor shall be kept to the minimum quantity necessary
    22         for effective ventilation by means of permanent stoppings
    23         and regulators.
    24             (ii)  The belt conveyor entry shall be provided with
    25         a separate split of intake air.
    26             (iii)  The belt conveyor entry shall provide an
    27         intake escapeway to the main air current.
    28         (2)  If an operator proposes to use entries in common
    29     with the belt conveyor entry, the operator must submit a plan
    30     to and obtain approval by the department that addresses the
    20080S0949B2050                 - 76 -     

     1     following criteria:
     2             (i)  The belt conveyor is cleaned and maintained to
     3         minimize float dust in the common entries.
     4             (ii)  Stoppings and regulators are arranged to reduce
     5         the quantity of air traveling in the belt and common
     6         entries to a minimum for effective ventilation of the
     7         belt and common entries and to provide an intake air
     8         split as an escapeway to the main air current.
     9             (iii)  Fire protection is installed and maintained on
    10         all belt conveyors in compliance with appropriate
    11         standards.
    12             (iv)  There is an early warning fire detection system
    13         and carbon monoxide (CO) or smoke sensors that meet the
    14         requirements of 30 CFR § 75.351 (relating to atmospheric
    15         monitoring systems). The spacing of the CO/smoke sensors
    16         shall not exceed 1,000 feet. The belt air velocity shall
    17         be a minimum of 50 fpm or CO/smoke sensor spacing shall
    18         be reduced to provide an adequate alarm time not to
    19         exceed 20 minutes. The CO/smoke sensors shall be set to
    20         alarm at the lowest practicable setting and be positioned
    21         in the ventilation current to provide the most effective
    22         detection.
    23             (v)  The number of common entries may not exceed
    24         three entries, including the belt entry.
    25             (vi)  Development for common entries is designed to
    26         be at a lower ventilation pressure than the main intake
    27         escapeway.
    28             (vii)  If a condition develops that causes the belt
    29         and common entries to be at a higher ventilation pressure
    30         than the main intake escapeway, efforts are undertaken to
    20080S0949B2050                 - 77 -     

     1         immediately correct the condition. If the condition
     2         cannot practicably be corrected, the mine operator must
     3         notify the department of the condition, the specific
     4         cause, the area affected and the steps that will be taken
     5         to maintain the pressure in the belt and common entries
     6         at the lowest attainable level.
     7             (viii)  When the belt ventilation current travels
     8         away from the working section, no ignition sources,
     9         except equipment necessary to maintain the escapeway and
    10         personnel carriers, shall be permitted in the intake
    11         escapeway unless CO/smoke sensors that meet Federal fire
    12         detection standards are installed in the intake
    13         escapeway. Equipment operated in the intake escapeway
    14         shall be equipped with an automatic fire suppression
    15         system, or comply with 30 CFR § 75.380(f)(4) (relating to
    16         escapeways; bituminous and lignite mines). CO detectors
    17         shall give an audible alarm over the mine communication
    18         system. The alarm shall indicate the conveyor belt flight
    19         where the alarm occurred. Both visual and audible alarm
    20         signals must automatically be provided at all affected
    21         working sections and affected areas where mechanized
    22         mining equipment is being installed or removed and on the
    23         surface at a monitored location. Two-way underground
    24         communications shall be maintained between the monitored
    25         surface location and all underground working sections and
    26         areas where mechanized mining equipment is being
    27         installed or removed.
    28             (ix)  A copy of the mine's federally approved
    29         firefighting and evacuation plan is included with the
    30         plan.
    20080S0949B2050                 - 78 -     

     1     (d)  Actions to detect and respond to excess methane.--The
     2  following actions are required to detect and respond to excess
     3  methane:
     4         (1)  Location of tests. Tests for methane concentrations
     5     under this section shall be made at least 12 inches from the
     6     roof, face, ribs and floor.
     7         (2)  Working places and intake air courses.
     8             (i)  When 1% or more methane is present in a working
     9         place or an intake air course, including an air course in
    10         which a belt conveyor is located or in an area where
    11         mechanized mining equipment is being installed or
    12         removed:
    13                 (A)  Except intrinsically safe atmospheric
    14             monitoring systems (AMS), electrically powered
    15             equipment in the affected area shall be deenergized
    16             and other mechanized equipment shall be shut off.
    17                 (B)  Changes or adjustments shall be made
    18             immediately to the ventilation system to reduce the
    19             concentration of methane to less than 1%.
    20                 (C)  No other work shall be permitted in the
    21             affected area until the methane concentration is less
    22             than 1%.
    23             (ii)  When 1.5% or more methane is present in a
    24         working place or an intake air course, including an air
    25         course in which a belt conveyor is located or in an area
    26         where mechanized mining equipment is being installed or
    27         removed:
    28                 (A)  Except for Federal or State mine inspectors,
    29             the mine foreman or assistant mine foreman or
    30             individuals authorized by the mine foreman or
    20080S0949B2050                 - 79 -     

     1             assistant mine foreman, all individuals shall be
     2             withdrawn from the affected area.
     3                 (B)  Except for intrinsically safe AMS,
     4             electrically powered equipment in the affected area
     5             shall be disconnected at the power source.
     6         (3)  Return air split.
     7             (i)  When 1% or more methane is present in a return
     8         air split between the last working place on a working
     9         section and where that split of air meets another split
    10         of air or the location at which the split is used to
    11         ventilate seals or worked-out areas, changes or
    12         adjustments shall be made immediately to the ventilation
    13         system to reduce the concentration of methane in the
    14         return air to less than 1%.
    15             (ii)  When 1.5% or more methane is present in a
    16         return air split between the last working place on a
    17         working section and where that split of air meets another
    18         split of air or the location where the split is used to
    19         ventilate seals or worked-out areas, except for Federal
    20         or State mine inspectors, the mine foreman or assistant
    21         mine foreman or individuals authorized by the mine
    22         foreman or assistant mine foreman, all individuals shall
    23         be withdrawn from the affected area.
    24             (iii)  Other than intrinsically safe AMS, equipment
    25         in the affected area shall be deenergized, electric power
    26         shall be disconnected at the power source and other
    27         mechanized equipment shall be shut off.
    28             (iv)  No other work shall be permitted in the
    29         affected area until the methane concentration in the
    30         return air is less than 1%.
    20080S0949B2050                 - 80 -     

     1         (4)  Return air split alternative.
     2             (i)  The provisions of this paragraph may apply if:
     3                 (A)  The quantity of air in the split ventilating
     4             the active workings is at least 27,000 cubic feet per
     5             minute in the last open crosscut or the quantity
     6             specified in the approved ventilation plan, whichever
     7             is greater.
     8                 (B)  The methane content of the air in the split
     9             is continuously monitored during mining operations by
    10             an AMS that gives a visual and audible signal on the
    11             working section when the methane in the return air
    12             reaches 1.5% and the methane content is monitored as
    13             specified in the approved ventilation plan.
    14                 (C)  Rock dust is continuously applied with a
    15             mechanical duster to the return air course during
    16             coal production at a location in the air course
    17             immediately outby the most inby monitoring point.
    18             (ii)  When 1.5% or more methane is present in a
    19         return air split between a point in the return opposite
    20         the section loading point and where that split of air
    21         meets another split of air or where the split of air is
    22         used to ventilate seals or worked-out areas:
    23                 (A)  Changes or adjustments shall be made
    24             immediately to the ventilation system to reduce the
    25             concentration of methane in the return air less than
    26             1.5%.
    27                 (B)  Except for Federal or State mine inspectors,
    28             the mine foreman or assistant mine foreman or
    29             individuals authorized by the mine foreman or
    30             assistant mine foreman, all individuals shall be
    20080S0949B2050                 - 81 -     

     1             withdrawn from the affected area.
     2                 (C)  Except for intrinsically safe AMS, equipment
     3             in the affected area shall be deenergized, electric
     4             power shall be disconnected at the power source and
     5             other mechanized equipment shall be shut off.
     6                 (D)  No other work shall be permitted in the
     7             affected area until the methane concentration in the
     8             return air is less than 1.5%.
     9     (e)  Changes and adjustments in ventilation BLEEDERS AND       <--
    10  OTHER RETURN AIR COURSES.--
    11         (1)  If either the concentration of methane in a bleeder
    12     split of air immediately before the air in the split joins
    13     another split of air, or in a return air course other than as
    14     described in subsection (d)(3) and (4), contains methane gas
    15     in an amount of 2% or greater as detected by an approved gas
    16     detection device, changes or adjustments shall be made
    17     immediately in the ventilation in the mine so that returning
    18     air contains less than 2% of methane gas.
    19         (2)  When 2% of methane is exceeded beyond the mixing
    20     point with another split in the main return, the operator
    21     shall submit a written plan to abate the problem to the
    22     department for approval.
    23     (f)  Submittal of detailed ventilation plan to department.--
    24         (1)  A mine operator shall submit a detailed ventilation
    25     plan and any addendums to the department for review and
    26     comment. The mine operator shall review the plan with the
    27     department and address concerns to the extent practicable.
    28     The department shall submit any concern that is not addressed
    29     to MSHA through comments to the plan. The mine operator shall
    30     provide a copy of the plan to the department and the
    20080S0949B2050                 - 82 -     

     1     representative of the miners, if applicable, ten days prior
     2     to the submittal of the plan to MSHA.
     3         (2)  The operator shall give the department a copy of the
     4     MSHA-approved plan and any addendums as soon as the operator
     5     receives the approval.
     6         (3)  In the event of an unforeseen situation requiring
     7     immediate action on a plan revision, the operator shall
     8     submit the proposed revision to the department and the
     9     representative of the miners when the proposed revision is
    10     submitted to MSHA. The department shall work with the
    11     operator to review and comment on the proposed plan revision
    12     to MSHA as quickly as possible.
    13         (4)  Upon approval by MSHA, the plan is enforceable by
    14     the department.
    15  Section 231.  Crosscuts and stoppings.
    16     (a)  Maximum distance.--
    17         (1)  The distance driven to establish ventilation
    18     connections between entries or rooms shall not exceed 200
    19     linear feet. Where adequate ventilation is provided, the
    20     entry or room may be driven in conjunction with the new air
    21     connection, provided that the distance to either face does
    22     not exceed 200 linear feet when the new air connection is
    23     established.
    24         (2)  In no case shall any place be driven a total of more
    25     than 200 linear feet unless ventilation connections have been
    26     established, except as provided under this act.
    27         (3)  Where adequate ventilation can be provided, the
    28     department may give written permission to authorize a greater
    29     distance.
    30     (b)  Closure of crosscuts.--Crosscuts between intakes and
    20080S0949B2050                 - 83 -     

     1  return air courses shall be closed, except the one nearest the
     2  face. Crosscuts between rooms shall be closed, where necessary
     3  or when required by the department, to provide adequate
     4  ventilation at the working face.
     5     (c)  Air connections.--Where practicable, an air connection
     6  shall be provided at or near the face of each entry or room
     7  before the place is abandoned.
     8     (d)  Excavations.--Excavations shall not exceed 18 feet in
     9  depth, unless permission is obtained from the department to
    10  drive a greater distance beyond the last open crosscut, if such
    11  excavations are kept free of accumulations of methane by use of
    12  line brattice or other adequate means.
    13     (e)  Construction materials of stoppings.--A permanent
    14  stopping shall be built of solid, substantial, incombustible
    15  material, including, but not limited to, concrete, concrete
    16  blocks, bricks, steel or tile, provided that, where physical
    17  conditions exist because of caving that makes the use of
    18  concrete, concrete blocks, brick, steel or tile impracticable,
    19  timber laid longitudinally skin-to-skin or an approved
    20  substitute may be used. A temporary stopping may be erected in
    21  cut-throughs near the working face. A stopping shall be
    22  reasonably airtight.
    23     (f)  Building and maintenance.--A permanent stopping or other
    24  permanent ventilation control device shall be built and
    25  maintained as follows:
    26         (1)  Between intake and return air courses, except
    27     temporary controls may be used in rooms that are 600 feet or
    28     less from the centerline of the entry from which the room was
    29     developed, including where continuous face haulage systems
    30     are used in the rooms. Unless otherwise approved in the
    20080S0949B2050                 - 84 -     

     1     ventilation plan, the stopping or control shall be maintained
     2     to and including the third connecting crosscut outby the
     3     working face.
     4         (2)  To separate belt conveyor haulageways from intake
     5     air courses when the air in the intake air courses is used to
     6     provide air to active working places, EXCEPT temporary         <--
     7     ventilation controls may be used in rooms that are 600 feet
     8     or less from the centerline of the entry from which the rooms
     9     were developed, including where continuous face haulage
    10     systems are used in the rooms. When continuous face haulage
    11     systems are used, a permanent stopping or other device shall
    12     be built and maintained to the outby most point of travel of
    13     the dolly or 600 feet from the point of deepest penetration
    14     in the conveyor belt entry, whichever distance is closer to
    15     the point of deepest penetration, to separate the continuous
    16     haulage entry from the intake entries.
    17  Section 232.  Overcasts and undercasts.
    18     (a)  Arrangement of ventilation.--Ventilation shall be so
    19  arranged by means of air locks, overcasts or undercasts that the
    20  passage of trips or individuals along the entries will not cause
    21  interruptions of the air current. In face areas where it is
    22  impracticable to install air locks, single doors may be used
    23  with the permission of the department. An air lock shall be
    24  ventilated sufficiently to prevent accumulations of methane in
    25  it.
    26     (b)  Doors.--
    27         (1)  A door controlling ventilation shall be kept closed,
    28     except when men or equipment are passing through the doorway.
    29     Motor crews and other individuals who open a door shall see
    30     that the door is closed before leaving it.
    20080S0949B2050                 - 85 -     

     1         (2)  It shall be unlawful for an individual to knowingly
     2     leave a door or a check-curtain open.
     3     (c)  Hanging of doors.--A door controlling ventilation shall
     4  be hung in such a manner as to be self-closing.
     5     (d)  Construction materials.--Overcasts and undercasts shall
     6  be constructed tightly of incombustible material, such as
     7  masonry, concrete, concrete blocks or fire-resistant
     8  prefabricated material of sufficient strength to withstand
     9  possible falls from the roof. Overcasts and undercasts shall be
    10  of ample area to pass the required quantity of air and shall be
    11  kept clear of obstructions.
    12  Section 233.  Line brattice.
    13     (a)  General rule.--Substantially constructed line brattice
    14  shall be used from the last open crosscut of an entry or room
    15  when necessary or required by the department to provide adequate
    16  ventilation for the workmen and to remove gases and explosive
    17  fumes. When damaged by falls or otherwise, line brattice shall
    18  be repaired promptly.
    19     (b)  Spacing.--The space between the line brattice and the
    20  rib shall be large enough to permit the flow of a sufficient
    21  volume of air to keep the working face clear of flammable and
    22  noxious gases.
    23     (c)  Construction material.--Brattice cloth used underground
    24  shall be constructed of approved flame-resistant material.
    25  Section 234.  Auxiliary blowers and fans.
    26     (a)  Procedure.--
    27         (1)  The operator of a mine who desires to use in the
    28     mine an auxiliary blower or exhaust fan shall submit to the
    29     department a ventilation plan showing the proposed use of the
    30     auxiliary blower or exhaust fan.
    20080S0949B2050                 - 86 -     

     1         (2)  The department shall review the plan and take one of
     2     the following actions:
     3             (i)  Approve the plan.
     4             (ii)  Request additional information.
     5             (iii)  Disapprove the plan and set forth in writing
     6         its reasons for the disapproval.
     7         (3)  In approving a plan, the department shall require
     8     that an auxiliary blower or exhaust fan shall be:
     9             (i)  Powered by an approved motor when installed
    10         underground.
    11             (ii)  Operated continuously while any work is being
    12         performed in the area being ventilated by the blower or
    13         fan.
    14             (iii)  Be so placed that recirculation of the air is
    15         not possible.
    16     (b)  Time period for review.--The department shall approve or
    17  disapprove a plan within 60 days after being initially submitted
    18  by the operator.
    19  Section 235.  Unused and abandoned parts of mines.
    20     An area that is not sealed shall be ventilated. Return air
    21  may be used to ventilate the area. The department shall approve
    22  a ventilation plan for an abandoned, unused or sealed part of a
    23  mine.
    24  Section 236.  Sewage dumping prohibited.
    25     If any individual shall construct or cause to be constructed
    26  for use after the effective date of this section a sewer or
    27  other method of drainage from a building or dwelling house for
    28  the carrying of sewage, offal, refuse or other offensive matter
    29  into any portion of an operating or abandoned mine, the
    30  individual commits a misdemeanor of the third degree.
    20080S0949B2050                 - 87 -     

     1  Section 237.  Fans.
     2     (a)  General rule.--The ventilation of a mine that extends
     3  more than 200 feet underground and is opened after the effective
     4  date of this section shall be produced by a mechanically
     5  operated fan or fans. The fan or fans shall be kept in
     6  continuous operation unless written permission to do otherwise
     7  is granted by the department.
     8     (b)  Location.--Except as otherwise provided under subsection
     9  (c), a main fan shall be:
    10         (1)  Located on the surface in fireproof housing offset
    11     not less than 15 feet from the nearest side of the mine
    12     opening.
    13         (2)  Equipped with fireproof air ducts provided with
    14     explosion doors or a weakwall.
    15         (3)  Operated from a separate power circuit.
    16     (c)  Exception.--In lieu of the requirements for the location
    17  of fans and pressure-relief facilities, a fan may be directly in
    18  front of or over a mine opening if:
    19         (1)  The opening is not in direct line with possible
    20     forces coming out of the mine if an explosion occurs.
    21         (2)  There is another opening having a weakwall stopping
    22     or explosion doors that would be in direct line with forces
    23     coming out of the mine.
    24  All main fans shall be provided with pressure-recording gauges
    25  or water gauges.
    26     (d)  Recordkeeping and inspections.--
    27         (1)  A record of the charts shall be kept for one year.
    28         (2)  A daily inspection shall be made of all main fans
    29     and connected machinery by a competent individual and a
    30     record kept of the inspection in a book prescribed for that
    20080S0949B2050                 - 88 -     

     1     purpose.
     2     (e)  Warning of fan interruption.--Approved facilities shall
     3  be provided at a point or points under observation while men are
     4  in the mine and shall give warning of an interruption to a fan.
     5  Where such facilities are not provided, an attendant shall be
     6  constantly kept on duty while individuals are working in the
     7  mine.
     8  Section 238.  Measurement of methane.
     9     The mine foreman or superintendent shall once each week
    10  direct and see that the methane content of the ventilating
    11  current or currents is determined by analyses or by an
    12  instrument capable of accuracy to .1%. The samples or the
    13  determinations shall be taken on the return end of the air
    14  circuit or circuits just beyond the last working place, unless
    15  otherwise directed by the department, and a correct report of
    16  these determinations shall be promptly furnished to the
    17  department. The determinations or samples shall be taken on days
    18  when individuals are working and recorded in a book provided for
    19  that purpose.
    20  Section 239.  Control of coal dust and rock dusting.
    21     (a)  Method of removal.--
    22         (1)  Dangerous accumulations of fine, dry coal dust shall
    23     be removed from a mine or neutralized by the application of
    24     rock dust, and all dry and dusty operating sections and
    25     haulageways and the back entries for at least 1,000 feet
    26     outby the first active working place in each operating
    27     section shall be kept watered down, rock dusted or dust
    28     allayed by such other methods as may be approved by the
    29     department.
    30         (2)  A mine or location in a mine that is too wet or too
    20080S0949B2050                 - 89 -     

     1     high in incombustible content to initiate or propagate a coal
     2     dust ignition need not be rock dusted during the time any of
     3     those conditions prevail.
     4         (3)  Coal dust and other dust in suspension in unusual
     5     quantities shall be allayed by sprinkling or other dust
     6     allaying or collecting devices.
     7     (b)  Specifications.--
     8         (1)  In a dry and dusty mine or section thereof, rock
     9     dust shall be applied and maintained upon the roof, floor and
    10     sides of all operating sections, haulageways and parallel
    11     entries connected thereto by open crosscuts. Back entries
    12     shall be rock dusted for at least 1,000 feet out by the
    13     junction with the first active working place.
    14         (2)  Rock dust shall be so applied to include the last
    15     open crosscut of rooms and entries and to within 40 feet of
    16     the faces. In mines where mining is done by continuous-type
    17     mining machinery, the distances from the face to which rock
    18     dust shall be applied shall be the mining distance for one
    19     shift if:
    20             (i)  The active working place shall be kept from damp
    21         to wet.
    22             (ii)  After coal production on any shifts has ceased,
    23         an application of rock dust shall be made in the exposed
    24         area to within 40 feet of the face before additional
    25         mining is performed in the area.
    26         (3)  Rock dust shall be maintained in such quantity that
    27     the incombustible content of the mine dust shall not be less
    28     than 65%.
    29     (c)  Composition of rock dust.--Rock dust shall not contain
    30  more than 5% by volume of quartz or free silica particles and
    20080S0949B2050                 - 90 -     

     1  shall be pulverized so that 100% will pass through a 20-mesh
     2  screen and 70% or more will pass through a 200-mesh screen.
     3  Section 240.  Instruction of employees and examination of
     4                 working areas.
     5     (a)  General rule.--The mine foreman or assistant mine
     6  foreman shall ascertain that all workmen are trained in the
     7  proper methods of testing roof, face and ribs. The mine foreman
     8  shall designate the tool or tools to be used for testing.
     9  Employees whose work exposes them to hazards or falls of roof
    10  and coal shall thoroughly test the roof, face and ribs before
    11  starting to work or before starting a machine, and frequently
    12  thereafter.
    13     (b)  Examination for date marks.--A miner shall examine his
    14  place to determine whether the mine examiner has left the date
    15  marks indicating his examination thereof. If date marks cannot
    16  be found, the miner shall notify the mine foreman or assistant
    17  mine foreman of that fact.
    18     (c)  Correction of unsafe roof, face or rib conditions.--
    19         (1)  If roof, face or rib conditions are found to be
    20     unsafe, they shall be corrected by taking down loose material
    21     or shall be securely supported before work is started.
    22         (2)  If roof, face or rib conditions are found to be
    23     unsafe and normal taking down or supporting practices cannot
    24     correct the unsafe condition, the place shall be vacated and
    25     guarded or a danger sign erected to prevent unauthorized
    26     entrance and the certified mine official in charge promptly
    27     shall be notified. Only individuals capable of correcting the
    28     dangerous condition may be delegated to do such work.
    29         (3)  The certified mine official in charge shall examine
    30     for unsafe conditions and the roof, faces, ribs and timbers
    20080S0949B2050                 - 91 -     

     1     or supports of all working places each time they visit a
     2     place. Unsafe conditions found shall be corrected promptly.
     3     All employees shall notify the mine foreman or assistant mine
     4     foreman of an unsafe condition in the mine when the condition
     5     is known to them.
     6  Section 241.  Roof support.
     7     (a)  General rule.--The roof in an underground area shall be
     8  supported as necessary for the protection of the employees and
     9  equipment. A roof control plan suitable to the roof conditions
    10  of each mine or part of a mine shall be adopted and complied
    11  with by the operator. The department shall be notified of the
    12  adoption of the plan of roof support, shall review the plan and:
    13         (1)  approve it;
    14         (2)  request additional information; or
    15         (3)  disapprove the plan and state in writing its reason
    16     for the disapproval.
    17     (b)  Roof support plans to be posted.--Workmen whose work
    18  involves roof support shall be informed of approved roof support
    19  plans and the plans shall be posted. Additional roof supports
    20  shall be used when and where necessary.
    21     (c)  Periodic revision and update of roof control plan.--
    22  Every mine operator shall revise and update the roof control
    23  plan every six months or more frequently if required to do so by
    24  the department. A copy of the plan shall be provided to the
    25  representative of the miners ten days prior to submitting it to
    26  the department for review and comment.
    27  Section 242.  Authorized explosives.
    28     Permissible explosives, approved breaking devices or approved
    29  blasting devices shall be used in underground mines.
    30  Section 243.  (Reserved).
    20080S0949B2050                 - 92 -     

     1  Section 244.  Underground storage of explosives.
     2     (a)  Placement.--Explosives and detonators stored underground
     3  shall be:
     4         (1)  Kept in section boxes or magazines of substantial
     5     construction with no metal exposed on the inside.
     6         (2)  Located at least 25 feet from roadways and power
     7     wires in a well-rock-dusted location protected from falls of
     8     roof.
     9     (b)  Separation.--If not kept in separate boxes or magazines
    10  not less than five feet apart, the explosives and detonators may
    11  be kept in the same box or magazine if separated by at least a
    12  four-inch hardwood partition or the equivalent. The boxes or
    13  magazines shall be kept at least 300 feet from the faces and out
    14  of the direct line of blasting and shall be installed outby the
    15  last permanent stopping and on intake air.
    16  Section 245.  Preparation of shots, blasting practices and
    17                 multiple shooting.
    18     (a)  Requirements.--
    19         (1)  Only certified shot-firers shall be permitted to
    20     handle explosives and conduct blasting.
    21         (2)  Only electric detonators of proper strength fired
    22     with approved shot-firing units shall be used, and drillholes
    23     shall be solidly stemmed with at least 24 inches of
    24     incombustible material or at least one-half of the length of
    25     the hole shall be solidly stemmed if the hole is less than
    26     four feet in depth unless other approved stemming devices or
    27     methods are used.
    28         (3)  Drillholes shall be of ample size and shall not be
    29     drilled beyond the limits of the cut, and, as far as
    30     practicable, cuttings and dust shall be cleaned from the
    20080S0949B2050                 - 93 -     

     1     holes before the charge is inserted. Charges of explosives
     2     exceeding one and one-half pounds shall be used only if
     3     drillholes are six feet or more in depth.
     4         (4)  Ample warning shall be given before shots are fired,
     5     and care shall be taken to determine that all individuals are
     6     in the clear before firing. Individuals shall be removed from
     7     adjoining areas and other areas when there is danger of shots
     8     blowing through.
     9         (5)  No shots shall be fired:
    10             (i)  In any area until the area has been properly
    11         examined by the shot-firer.
    12             (ii)  In any area where 1% of gas is detected by an
    13         approved gas detection device.
    14         (6)  After firing any shot, the shot-firer shall make a
    15     careful examination of the work area before leaving the area
    16     or before performing any other work in the area.
    17     (b)  Plan to be submitted to department.--An operator of a
    18  mine who desires to conduct multiple shooting shall submit to
    19  the department for approval a plan indicating the manner and
    20  details proposed to engage in multiple shooting.
    21     (c)  Prohibitions.--
    22         (1)  While boreholes are being charged, electrical
    23     equipment shall not be operated in the work area, and only
    24     work in connection with roof support and general safety shall
    25     be performed. Shots shall be fired promptly after charging.
    26         (2)  Mudcaps, adobes or any other unconfined shots shall
    27     not be permitted in any bituminous coal mine.
    28         (3)  No solid shooting shall be permitted without
    29     approval from the department. Where solid shooting is
    30     practiced, blasting holes shall be stemmed the full length of
    20080S0949B2050                 - 94 -     

     1     the hole.
     2     (d)  Blasting and shooting cables.--
     3         (1)  Blasting cables shall be well-insulated and shall be
     4     at least 125 feet in length to permit individuals authorized
     5     to fire shots to get in a safe place out of the line of
     6     blasting.
     7         (2)  Shooting cables shall be kept away from power wires
     8     and all other sources of electric current, connected to the
     9     leg wires by the individual who fires the shot, staggered as
    10     to length or well-separated at the detonator leg wires and
    11     shunted at the battery end until ready to connect to the
    12     blasting unit.
    13         (3)  Detonator leg wires shall be kept shunted until
    14     ready to connect to the blasting cable.
    15  Section 246.  Transportation of explosives.
    16     (a)  Construction of containers.--
    17         (1)  Individual containers used to carry permissible
    18     explosives or detonators shall be constructed of substantial,
    19     nonconductive materials approved by the department, kept
    20     closed and maintained in good condition. When explosives or
    21     detonators are transported underground in cars moved by means
    22     of powered haulage equipment, they shall be in cars having a
    23     substantial covering or in special substantially built
    24     covered containers used specifically for transporting
    25     detonators or explosives.
    26         (2)  Explosives or detonators shall not be hauled into or
    27     out of the mine within five minutes preceding or following
    28     individuals being transported.
    29     (b)  Prohibitions.--
    30         (1)  Neither explosives nor detonators shall be
    20080S0949B2050                 - 95 -     

     1     transported on flight or shaking conveyors, mechanical
     2     loading machines, locomotives, scrapers, cutting machines,
     3     drill trucks or any self-propelled mobile equipment.
     4         (2)  No shot-firer shall carry into or have delivered to
     5     him any larger quantity of explosives or detonators than the
     6     shot-firer may reasonably expect to use in any one shift.
     7     (c)  Separation of explosives and detonators.--If explosives
     8  and detonators are transported in the same explosives car or in
     9  the same special container, they shall be separated by at least
    10  four inches of hardwood partition or the equivalent. The bodies
    11  of the cars or containers shall be constructed or lined with
    12  nonconductive material.
    13  Section 247.  Electrical shot-firing.
    14     Electricity from any grounded circuit shall not be used for
    15  firing shots.
    16  Section 248.  General shot-firing rules.
    17     (a)  Ignited gas.--When gas is ignited by a blast or a fire
    18  occurs, the shot-firer shall immediately extinguish it, if
    19  possible, and if unable to do so shall immediately notify the
    20  mine foreman of the fact and warn other individuals in the
    21  vicinity who might be endangered.
    22     (b)  Shot-firer to provide notice to others.--When a shot-
    23  firer is about to fire a blast, he shall notify all individuals
    24  who may be endangered and shall give sufficient alarm so that
    25  any individual approaching may be warned of the danger.
    26     (c)  Construction of charging and tamping tools.--All
    27  charging and tamping tools shall be constructed of nonsparking
    28  materials.
    29     (d)  Disconnection from electricity.--Immediately after the
    30  firing of a shot, the firing leads shall be disconnected from
    20080S0949B2050                 - 96 -     

     1  the supply or source of electricity and shunted.
     2     (e)  Preconditions to firing machine or battery.--No firing
     3  machine or battery shall be connected to the shot-firing leads
     4  unless:
     5         (1)  All other steps preparatory to the firing of a shot
     6     have been completed.
     7         (2)  All individuals have been moved to a place of
     8     safety.
     9         (3)  No individual other than the shot-firer has made the
    10     connection.
    11     (f)  Firing machine or battery in possession of shot-firer.--
    12  The shot-firer shall keep the firing machine or battery in his
    13  possession at all times while blasting.
    14     (g)  Testing of blasting devices.--Frequent tests shall be
    15  made of all blasting devices to see that their capacity has not
    16  been decreased by use or accident.
    17     (h)  Examinations for gas.--The shot-firer shall examine the
    18  place for gas and other dangers before and after firing each
    19  shot or blast.
    20  Section 249.  Hoisting equipment and operations.
    21     (a)  General duties of operator or superintendent.--
    22         (1)  The operator or superintendent of a bituminous coal
    23     mine worked by shaft shall provide and maintain:
    24             (i)  A telephone or other means of communication from
    25         the top to the bottom and intermediate landings of the
    26         shaft.
    27             (ii)  A standard means of signaling.
    28             (iii)  An effective safety catch, bridle chains,
    29         automatic stopping device and automatic overwind.
    30             (iv)  A sufficient cover on every cage used for
    20080S0949B2050                 - 97 -     

     1         lowering or hoisting individuals.
     2             (v)  An effective safety gate at the top of the cage
     3         shaft and intermediate landings controlled by the cage.
     4             (vi)  An adequate brake on the drum of every machine
     5         used to lower or hoist individuals in the shaft.
     6         (2)  The operator shall have the machinery used for
     7     lowering and hoisting individuals into or out of the mine
     8     kept in safe condition and equipped with a reliable
     9     indicator. Cages and elevators shall be inspected once in
    10     each 24 hours by a competent individual of the company or by
    11     a manufacturer's representative and a safety catch test made
    12     every two months, a record kept thereof and a copy sent to
    13     the department.
    14         (3)  (i)  Where a hoisting engineer is required, he shall
    15         be readily available at all times when individuals are in
    16         the mine. The hoisting engineer shall operate the empty
    17         cage up and down the shaft at least one round trip at the
    18         beginning of each shift, after material has been lowered
    19         or hoisted and after the hoist has been idle for one hour
    20         or more before hoisting or lowering individuals.
    21             (ii)  Subparagraph (i) shall not apply to elevators
    22         used exclusively for hoisting and lowering individuals.
    23         (4)  There shall be cut out around the side of the
    24     hoisting shaft, or driven through the solid strata at the
    25     bottom thereof, a travelingway not less than five feet high
    26     and three feet wide to enable an individual to pass the shaft
    27     in going from one side to the other without passing over or
    28     under the cage or other hoisting apparatus.
    29         (5)  Positive stop blocks or derails shall be placed near
    30     the top and bottom, at all intermediate landings of slopes
    20080S0949B2050                 - 98 -     

     1     and surface inclines and at approaches to all shaft landings.
     2         (6)  A waiting station with sufficient room, ample
     3     clearance from moving equipment and adequate seating
     4     facilities shall be provided where individuals are required
     5     to wait for man-trips or cages. The individuals shall remain
     6     in the station until the man-trip or cage is available.
     7         (7)  No hoisting engineer shall be required for
     8     automatically operated cages or elevators.
     9     (b)  Duties of mine foreman.--
    10         (1)  When hoisting or lowering of individuals occurs
    11     during darkness, at any mine operated by shaft, the mine
    12     foreman shall provide and maintain, at the shaft mouth, a
    13     light of stationary character sufficient to show the landing
    14     and all surrounding objects distinctly and sufficient light
    15     of a stationary character shall be located at the bottom of
    16     the shaft so that individuals going to the bottom may clearly
    17     discern the cages, elevators and other objects contiguous
    18     thereto.
    19         (2)  The mine foreman shall see that:
    20             (i)  No cages or elevators on which individuals ride
    21         are lifted or lowered at a rate of speed greater than 900
    22         feet per minute.
    23             (ii)  No mine cars, either empty or loaded, are
    24         hoisted or lowered on cages while individuals are being
    25         lowered or hoisted.
    26             (iii)  No cage having an unstable self-dump platform
    27         shall be used for carrying individuals unless the cage is
    28         provided with some device by which it may be securely
    29         locked when individuals are being hoisted or lowered into
    30         the mine.
    20080S0949B2050                 - 99 -     

     1     (c)  Ropes, links and chains.--
     2         (1)  In shafts where coal is hoisted and individuals
     3     lowered into or hoisted from the mine, the ropes, links and
     4     chains shall be of ample strength, with a factor of safety of
     5     not less than five to one of the maximum load.
     6         (2)  In shafts used exclusively for lowering or hoisting
     7     individuals and material, the factor of safety of ropes,
     8     links and chains shall not be less than ten to one of the
     9     maximum load.
    10         (3)  All ropes, links and chains shall be carefully
    11     examined at least once every 24 hours by a competent
    12     individual delegated for that purpose by the superintendent.
    13         (4)  Any defect found from the examination, by which life
    14     and limb may be endangered, shall be reported at once in
    15     writing to the superintendent, who shall immediately proceed
    16     to remedy the defect. Until that is accomplished, the
    17     superintendent shall prohibit any individual from being
    18     lowered into or hoisted from the mine by the defective
    19     apparatus.
    20         (5)  The individual making the examination shall keep a
    21     daily record of each inspection, in ink, in a book kept at
    22     the mine office for that purpose.
    23     (d)  Cage requirements.--
    24         (1)  (i)  The operator or superintendent shall provide
    25         every cage used for lowering or hoisting individuals with
    26         handrails at sides or overhead or additional suitable
    27         devices and with a bar or gate at ends.
    28             (ii)  Subparagraph (i) shall not apply to elevators
    29         used exclusively for lowering and hoisting individuals.
    30         (2)  The ropes shall be securely attached to the sides of
    20080S0949B2050                 - 100 -    

     1     the drum of every machine that is used for lowering and
     2     hoisting individuals or material into and out of the mine,
     3     and the flanges shall have a clearance of not less than four
     4     inches when the whole of the rope is wound on the drum.
     5     (e)  Signaling system.--
     6         (1)  In all shafts and slopes where individuals, coal and
     7     other materials are hoisted by machinery, a system of
     8     signaling approved by the department shall be in effect. The
     9     following code of signals shall be used:
    10             (i)  One signal to hoist the car or cage.
    11             (ii)  One signal to stop the car or cage when in
    12         motion.
    13             (iii)  Two signals to lower the car or cage.
    14             (iv)  Three signals to hoist individuals.
    15         (2)  The hoist operator shall signal back when ready,
    16     after which the individual shall get on the car or cage and
    17     then one signal shall be given to hoist.
    18  Section 250.  Bottom person.
    19     (a)  Duties.--At every shaft or slope where individuals are
    20  lowered into or hoisted from the mine, a bottom person, who
    21  shall be over 21 years of age, shall be designated by the mine
    22  foreman. The bottom person shall:
    23         (1)  Be on duty when individuals are being hoisted or
    24     lowered at the beginning and end of each shift.
    25         (2)  Personally attend to the signals and see that the
    26     provisions of this act in respect to hoisting individuals in
    27     shafts or slopes are complied with.
    28         (3)  Not allow any tools to be placed on the same cage
    29     with individuals or on either cage when they are being
    30     hoisted out of the mine, except for the purpose of repairing
    20080S0949B2050                 - 101 -    

     1     the shaft or machinery in the shaft. Individuals shall place
     2     their tools in containers or cars provided for that purpose,
     3     which containers or cars shall be hoisted before or after the
     4     individuals have been hoisted.
     5         (4)  Immediately inform the mine foreman of any
     6     violation.
     7         (5)  Not attempt to withdraw the car until the cage comes
     8     to a rest.
     9         (6)  When putting the full car on the cage, see that the
    10     springs or catches are properly adjusted so as to keep the
    11     car in its proper place, before giving the signal to the
    12     hoist operator.
    13     (b)  When bottom person not required.--No bottom person shall
    14  be required for automatically operated cages or elevators.
    15  Section 251.  Number of individuals to be hoisted.
    16     (a)  General rule.--No greater number of individuals shall be
    17  lowered or hoisted at any one time in any shaft or slope than is
    18  permitted by the department. Whenever the number of individuals
    19  returning from work shall arrive at the bottom of the shaft or
    20  slope in which individuals are regularly hoisted or lowered,
    21  they shall be promptly furnished with an empty cage, car or
    22  elevator and be hoisted to the surface. In cases of emergency, a
    23  lesser number than permitted shall be promptly hoisted.
    24     (b)  Posting of notice.--A notice of the number permitted to
    25  be lowered or hoisted at any one time shall be posted by the
    26  operator or superintendent in conspicuous places at the top and
    27  bottom of the shaft, and the cage or cages or other safe means
    28  of egress shall be available at all times for the individuals
    29  employed in any mine that has no second outlet available.
    30  Section 252.  Top person.
    20080S0949B2050                 - 102 -    

     1     (a)  Duties.--At every shaft or slope where individuals are
     2  lowered into or hoisted from a mine, a top person or trip rider,
     3  who shall be over 21 years of age, shall be designated by the
     4  superintendent. The top person shall:
     5         (1)  Be on duty when individuals are being hoisted or
     6     lowered at the beginning and end of each shift.
     7         (2)  Personally attend to the signals and see that the
     8     provisions of this act in respect to lowering and hoisting
     9     individuals in shafts or slopes are complied with. The trip
    10     rider may also perform this duty.
    11         (3)  Not allow any tools to be placed on the same cage
    12     with persons or on either cage when persons are being lowered
    13     into the mine, except for the purpose of repairing the shaft
    14     or the machinery in the shaft. Individuals shall place their
    15     tools in containers or cars provided for that purpose, which
    16     containers or cars shall be lowered before or after the
    17     individuals have been lowered.
    18         (4)  If located on a slope or incline plane, close the
    19     safety block or other device as soon as the cars have reached
    20     the landing in order to prevent any loose or runaway cars
    21     from descending the slope or incline plane, and in no case
    22     shall the safety block or other device be withdrawn until the
    23     cars are coupled to the rope or chain and the proper signal
    24     given.
    25         (5)  Carefully inspect each day all the machinery in and
    26     about the headframe and the rope used, promptly report to the
    27     superintendent any defect discovered and securely attach the
    28     cars to the rope before lowering them down the incline.
    29         (6)  Ring the alarm bell in case of an accident and, when
    30     necessary, immediately set free the drop logs or safety
    20080S0949B2050                 - 103 -    

     1     switch to act.
     2         (7)  If located in a shaft, see that the springs or keeps
     3     for the cage rest upon and are kept in good working order.
     4         (8)  When taking off the full car, see that no coal or
     5     other material falls down the shaft.
     6     (b)  When top person not required--No top person shall be
     7  required for automatically operated cages or elevators.
     8     (c)  Reporting of individuals crowding or pushing.--Any
     9  individual crowding or pushing to get on or off a cage, elevator
    10  or car, thereby endangering life, shall be reported by any
    11  individual to the superintendent, who in turn shall report the
    12  incident to the department for appropriate action.
    13  Section 253.  Use of competent hoist operators.
    14     (a)  Prohibitions.--
    15         (1)  No operator or superintendent of any bituminous coal
    16     mine worked by shaft, slope or incline shall place in charge
    17     of any hoist used for lowering or hoisting individuals in the
    18     mine hoisting operators who are under 21 years of age.
    19         (2)  No hoist operator in charge of such machinery shall
    20     allow any individual, except as may be designated for this
    21     purpose by the operator or superintendent, to interfere with
    22     any part of the machinery.
    23         (3)  No individual shall interfere with or intimidate the
    24     hoist operator in the discharge of the duties of the hoist
    25     operators.
    26         (4)  No individual shall ride on a loaded cage or car in
    27     any shaft, slope or incline. This paragraph shall not be
    28     construed to prevent a trip rider from riding during the
    29     performance of his authorized duties.
    30     (b)  Special precautions.--When individuals are being lowered
    20080S0949B2050                 - 104 -    

     1  or raised, the hoist operator shall take special precautions to
     2  keep the hoist well under control.
     3  Section 254.  Clearances and shelter holes.
     4     (a)  Specifications for clearances.--
     5         (1)  Track switches, except room and entry development
     6     switches, shall be provided with properly installed throws,
     7     bridle bars and guard rails.
     8         (2)  Switch throws and stands, where possible, shall be
     9     placed on the clearance side.
    10         (3)  Haulage roads shall have a continuous unobstructed
    11     clearance of at least 30 inches from the widest extension of
    12     regular coal transportation equipment on the clearance side.
    13     On haulage roads where trolley lines are used, the clearance
    14     shall be on the side opposite the trolley lines. The
    15     clearance space on all haulage roads shall be kept free of
    16     loose rock, coal, supplies or other materials, provided that
    17     not more than 30 inches need be kept free of such
    18     obstructions.
    19         (4)  Ample clearance shall be provided at all points
    20     where supplies are loaded or unloaded along haulage roads or
    21     conveyors.
    22     (b)  Specifications for shelter holes.--
    23         (1)  (i)  Shelter holes shall be provided on the
    24         clearance side along designated travelways, which are
    25         also used as haulage entries, other than belt conveyor
    26         haulage entries.
    27             (ii)  Subparagraph (i) shall not apply to face area
    28         or room haulageways.
    29         (2)  Shelter holes shall be spaced not more than 105 feet
    30     apart unless otherwise approved by the department. Shelter
    20080S0949B2050                 - 105 -    

     1     holes shall be at least five feet in depth, not more than
     2     four feet in width, level with the roadway and at least four
     3     feet in height.
     4         (3)  Crosscuts may be used as shelter holes even though
     5     their width exceeds four feet and they shall be kept clear
     6     for a depth of at least six feet.
     7         (4)  Shelter holes shall be kept clear of refuse and
     8     other obstructions.
     9         (5)  Shelter holes shall be provided at switch throws and
    10     at manually operated permanent doors.
    11  Section 255.  Underground haulage equipment.
    12     (a)  Maintenance.--Underground haulage equipment shall be
    13  maintained in a safe operating condition. An audible warning
    14  device and headlights shall be provided on each locomotive and
    15  each shuttle car. Rerailing devices shall be provided on all
    16  locomotives.
    17     (b)  Warnings to be sounded.--Operators of haulage equipment
    18  shall sound a warning on approaching curves, intersections,
    19  doors, curtains, manway crossings or any other location where
    20  individuals are likely to travel.
    21  Section 256.  Operation of haulage equipment.
    22     (a)  Duties of motormen and trip riders.--Motormen and trip
    23  riders shall:
    24         (1)  Use care in handling locomotives and cars.
    25         (2)  See that the entire trip is coupled before starting.
    26         (3)  See that there is a conspicuous light or other
    27     device approved by the department, properly maintained, on
    28     the front and rear of each trip or train of cars when in
    29     motion.
    30     (b)  Prohibitions.--
    20080S0949B2050                 - 106 -    

     1         (1)  No individual shall ride on locomotives unless
     2     granted permission by the mine foreman.
     3         (2)  No individual shall ride on any loaded car or on the
     4     outside of any car.
     5         (3)  No motorman or trip rider shall get on or off a
     6     locomotive while it is in motion.
     7         (4)  No individual shall fly or run switches or ride on
     8     the front bumper of a car. Back poling shall be permitted
     9     only to the nearest turning point or when going up extremely
    10     steep grades and then only cautiously and at slow speed. The
    11     operator of a shuttle car shall face in the direction of
    12     travel except during the loading operation when he may face
    13     the loading machine.
    14     (c)  Duties of motormen.--Motormen shall:
    15         (1)  See that properly maintained safety devices are
    16     placed on the last car of any trip being hauled upgrade, as
    17     designated by the mine foreman and approved by the
    18     department, on the front and rear of each trip or train of
    19     cars when in motion.
    20         (2)  Inspect locomotives and report any mechanical
    21     defects found to the proper mine official prior to operation.
    22     The locomotive may not be operated until the defects are
    23     corrected.
    24         (3)  If there is reason to leave a trip, see that the
    25     trip is left in a safe place, secure from cars, locomotives
    26     or other dangers and where it will not endanger the operators
    27     of other trips or other individuals.
    28     (d)  System of signals, methods or devices.--A system of
    29  signals, methods or devices shall be used to provide protection
    30  for trips, locomotives and other equipment coming out onto
    20080S0949B2050                 - 107 -    

     1  tracks used by other equipment. Where a dispatcher is employed
     2  to control trips, traffic shall move only at his direction.
     3  Section 257.  Trip rider and bottom individual on rope haulage.
     4     (a)  Duties of trip rider.--The trip rider shall see that all
     5  hitchings are safe for use and that the trip is coupled before
     6  starting. If at any time the trip rider sees any material defect
     7  in the rope, link or chain, he shall immediately remedy the
     8  defect or, if he is unable to do so, shall detain the trip and
     9  report the matter to the mine foreman or the assistant.
    10     (b)  Duties of bottom individual.--The bottom individual at
    11  the bottom of any slope shall see that cars are properly coupled
    12  to a rope or chain and that the safety catch or other device is
    13  properly attached to the rear car before giving the signal to
    14  the hoisting operator. The bottom individual shall not allow any
    15  individual to ride up the slope other than the trip rider.
    16  Section 258.  Transportation of individuals.
    17     (a)  General rule.--The speed of mantrips shall be governed
    18  by the mine foreman, and mantrips shall be operated at safe
    19  speeds consistent with the condition of roads and type of
    20  equipment used. MANTRIPS OR OTHER ADEQUATE TRANSPORTATION, TO BE  <--
    21  USED EXCLUSIVELY FOR THE MOVEMENT OF WORKERS IN AND OUT OF THE
    22  MINE, SHALL BE MAINTAINED AT ALL TIMES WITHIN 500 FEET OF THE
    23  WORKING FACES IN ACTIVE SECTIONS. WHERE TRACK MOUNTED MANTRIPS
    24  ARE UTILIZED THE TRACK SHALL BE MAINTAINED WITHIN 500 FEET OF
    25  THE WORKING FACE, EXCEPT WHEN ANY SECTION IS FULLY DEVELOPED AND
    26  BEING PREPARED FOR RETREATING, THE DISTANCE OF THE MANTRIP MAY
    27  BE EXTENDED TO 800 FEET IF A VEHICLE WITH RUBBER TIRES IS
    28  READILY AVAILABLE IN THE WORKING SECTION. EACH MANTRIP SHALL BE
    29  PROVIDED WITH AN AUDIBLE WARNING DEVICE, A SEALED-BEAM
    30  HEADLIGHT, OR ITS EQUIVALENT, ON EACH END, AND REFLECTORS ON
    20080S0949B2050                 - 108 -    

     1  BOTH ENDS AND SIDES. THE DISTANCE FROM THE NEAREST FACE TO THE
     2  MANTRIP SHALL NOT EXCEED 1,000 FEET. Each mantrip shall be under
     3  the charge of a competent individual designated by the mine
     4  foreman or the assistant mine foreman and operated independently
     5  of any loaded trip of coal or other heavy material, but may
     6  transport tools, small machine parts and supplies.
     7     (b)  Prohibition.--No individual shall:
     8         (1)  Ride under the trolley wire unless suitable covered
     9     mantrips are used.
    10         (2)  Load or unload before the cars in which they are to
    11     ride or are riding come to a full stop. Individuals shall
    12     proceed in an orderly manner to and from mantrips.
    13     (c)  Adequate clearance and proper illumination.--Adequate
    14  clearance and proper illumination shall be provided where
    15  individuals load or unload mantrips.
    16     (d)  Adequate precautions.--Adequate precautions shall be
    17  taken so that moving trips and standing cars are subject to
    18  proper control by derailing or braking devices.
    19  Section 259.  Conveyor belts and conveyor equipment.
    20     (a)  Specifications.--
    21         (1)  Except as otherwise provided under paragraph (2),
    22     all conveyor entries shall be provided with a minimum width
    23     and height of not less than four feet for travel and, in
    24     conveyor entries in which track is installed, the minimum
    25     amount of clearance width shall not be less than two and one-
    26     half feet, which clearance width shall be continuous
    27     throughout the entry.
    28         (2)  In lieu of maintaining four feet of height in
    29     conveyor entries, a minimum height of three feet and a
    30     minimum width of four feet may be maintained, provided the
    20080S0949B2050                 - 109 -    

     1     operator furnishes a mode of conveyance for men and material
     2     other than on the conveyor. All such travel space and
     3     clearance space shall be kept free of all forms of
     4     obstruction underfoot and from electric wires and electric
     5     cables. A space of not less than four feet in width shall be
     6     provided for travel from the immediate entrance of each
     7     working place to the face thereof, which space shall be kept
     8     free of all forms of obstruction underfoot and free from
     9     electric wires and electric cables.
    10     (b)  Cross points.--At all points where individuals must of
    11  necessity cross conveyors, the conveyor at the point where the
    12  crossing is made shall be so arranged that individuals can cross
    13  safely and conveniently without coming into contact with the
    14  conveyor.
    15     (c)  Automatic stop control.--Conveyors shall be equipped
    16  with an automatic control that will stop the driving motor in
    17  case of slipping on the drive pulley, and the control shall be
    18  tested each operating shift to ascertain that it is in good
    19  operating condition.
    20     (d)  Electric wires and cables.--All electric wires or
    21  electric cables in completed portions of conveyor entries shall
    22  be carried on insulators.
    23     (e)  Control lines.--Control lines shall be installed the
    24  full length of the belt.
    25     (f)  Point type heat sensors.--Point type heat sensors shall
    26  not be used as the primary type of fire sensors in any mine
    27  opened more than six months after the effective date of this
    28  section.
    29  Section 260.  Blowtorches and fuel.
    30     No blowtorch may be used in a mine.
    20080S0949B2050                 - 110 -    

     1  Section 261.  Oxygen and gas containers.
     2     (a)  General rule.--A substantial insulated container
     3  provided with a cover and specially designed for safe
     4  transportation of the cylinders shall be used in transporting
     5  oxygen and gas tanks or cylinders in all bituminous coal mines.
     6     (b)  Identification.--All oxygen and gas tanks or cylinders
     7  shall be clearly identified.
     8  Section 262.  Transportation of oxygen and gas.
     9     (a)  General rule.--Transportation of oxygen and gas tanks or
    10  cylinders shall be permitted on self-propelled machinery or belt
    11  conveyors specially equipped for safe holding of the containers
    12  in transportation. In no instance shall such transportation be
    13  permitted in conjunction with any mantrip.
    14     (b)  Marking of empty tanks and cylinders.--Empty oxygen and
    15  gas tanks or cylinders shall be marked "empty" and shall be
    16  removed from the mine promptly in proper containers. The valve
    17  protection caps shall be placed on all tanks or cylinders for
    18  which caps are provided when not in use and when being
    19  transported. No oxygen and gas tanks or cylinders shall be
    20  transported with the hoses and gauges attached.
    21     (c)  Identification of tanks and cylinders.--All oxygen and
    22  gas tanks or cylinders shall be clearly identified.
    23  Section 263.  Storage of oxygen and gas.
    24     (a)  General rule.--All oxygen and gas tanks or cylinders
    25  shall be properly secured and protected against possible damage
    26  when stored in and about bituminous coal mines. When oxygen and
    27  gas tanks or cylinders are stored in underground shops or
    28  surface structures, they shall be protected from damage by
    29  falling material and secured in an upright position. Not more
    30  than a one-week supply of oxygen or gas shall be stored in any
    20080S0949B2050                 - 111 -    

     1  underground or surface shop. This quantity shall be determined
     2  in agreement with the department.
     3     (b)  Valves and hoses.--The valves on oxygen and gas tanks or
     4  cylinders shall be closed. The hoses shall be removed when not
     5  in actual use, except in a properly ventilated and protected
     6  underground machine shop or surface structure. Valves on empty
     7  tanks or cylinders shall be kept closed.
     8  Section 264.  Use of oxygen and gas.
     9     (a)  General rule.--Oxygen and gas tanks or cylinders and
    10  their contents must be used solely for their intended purposes.
    11     (b)  Training and clothing.--An individual assigned to use
    12  and work with oxygen or gas shall be properly trained and
    13  skilled in its use and shall be fully conversant with the danger
    14  of its misuse. Any individual using oxygen or gas in and about a
    15  bituminous coal mine shall be provided with goggles or shields,
    16  and the clothing of such individual shall be reasonably free of
    17  oil and grease.
    18     (c)  Lighting of torches.--Only a safe type of spark-lighter
    19  shall be used for lighting torches. The use of matches,
    20  cigarette lighters, electric arcs or hot metal to light or
    21  relight a torch is prohibited.
    22     (d)  Maintenance.--The oxygen or gas hose lines, gauges and
    23  similar equipment shall be maintained in safe operating
    24  condition. Defective tanks, cylinders, gauges, hose lines,
    25  torches and similar equipment shall be taken out of service upon
    26  discovery and shall not be put into use until corrected and made
    27  safe.
    28     (e)  Multiple units permitted.--
    29         (1)  Multiple units consisting of one gas tank and one
    30     oxygen tank are permitted in a working section when
    20080S0949B2050                 - 112 -    

     1     necessary. When not in use, the tanks shall be removed to a
     2     point outby the last open crosscut and kept away from power
     3     wires and electric equipment. A proper storage area must be
     4     provided.
     5         (2)  This subsection does not apply to oxygen tanks used
     6     to provide breathable air in the event of an emergency.
     7     (f)  Pressure.--Neither oxygen nor gas shall be used under
     8  direct pressure from tanks or cylinders but must be used under
     9  reduced pressure not exceeding pressures recommended by the
    10  manufacturer of the oxygen or gas.
    11     (g)  Working sections.--Oxygen or gas cutting, burning or
    12  welding shall be done in fresh intake air only in working
    13  sections. The area where the work is to be done shall be
    14  examined by a mine official before, during and after the welding
    15  or burning to assure that no fire or other danger exists. In the
    16  event the equipment to be repaired cannot be removed from the
    17  face area to outby the last open crosscut, the following shall
    18  be satisfied:
    19         (1)  Fresh intake air shall be established to a point
    20     inby where the cutting or welding is to be performed.
    21         (2)  An approved gas detection device shall be used by a
    22     mine official for gas detection during the cutting and
    23     welding operation.
    24         (3)  No individual shall be permitted inby the point in
    25     the working section where cutting or welding operations are
    26     being performed.
    27     (h)  Safety requirements.--
    28         (1)  When oxygen or gas cutting, burning or welding is
    29     being done, a suitable fire extinguisher shall be kept on
    30     hand and ready for use. In dry or dusty locations, a water
    20080S0949B2050                 - 113 -    

     1     line and tap under pressure or an adequate supply of rock
     2     dust shall be available in the area where such work is
     3     performed.
     4         (2)  Neither oxygen nor gas shall be used near oil,
     5     grease or fine coal dust unless the oil, grease or fine coal
     6     dust is adequately cleaned or made inert by the use of rock
     7     dust or the area where the work is to be done is thoroughly
     8     wetted.
     9     (i)  Intake air activity.--Oxygen or gas cutting, burning or
    10  welding shall be done in intake air only. Underground shops
    11  where oxygen gas burning occurs shall be on a separate split of
    12  air.
    13     (j)  Tests for leaks.--Tests for leaks on hose valves or
    14  gauges shall be made only with a soft brush and soapy water or
    15  soapsuds.
    16     (k)  Torch-tip cleaners.--An efficient and proper type torch-
    17  tip cleaner shall be kept on hand and used to maintain each
    18  torch in safe operating condition. A suitable wrench designed
    19  for oxygen and gas tanks shall be in the possession of the
    20  individual authorized to use the equipment.
    21     (l)  Manifolding cylinders.--The practice known as
    22  "manifolding cylinders" shall be permitted if the installation
    23  is solidly grounded and operation thereof is in accordance with
    24  recognized safe procedures.
    25     (m)  Protection from power lines.--Oxygen and gas tanks or
    26  cylinders shall be protected from power lines or energized
    27  electrical machinery or equipment, and such tanks or cylinders
    28  shall be kept away from the place where the cutting is being
    29  done in order to prevent damage or accident and to prevent heat
    30  from affecting such tanks or cylinders.
    20080S0949B2050                 - 114 -    

     1  Section 265.  Duties of individuals subject to this act.
     2     It shall be the duty of each operator, superintendent, mine
     3  foreman, assistant mine foreman and mine examiners and other
     4  officials to comply with and to see that others comply with the
     5  provisions of this act. It shall be the duty of all employees to
     6  comply with this act and to cooperate with management and the
     7  department in carrying out its provisions. Reasonable rules and
     8  regulations of an operator for the protection of employees and
     9  preservation of property that are in harmony with the provisions
    10  of this act and other applicable laws shall be complied with.
    11  Section 266.  Protective clothing.
    12     (a)  Goggles.--Welders and helpers shall use proper shields
    13  or goggles to protect their eyes. All employees shall have
    14  approved goggles or eye shields and use them where there is a
    15  hazard from flying particles or other eye hazards.
    16     (b)  Snug-fitting clothing.--Employees engaged in haulage
    17  operations and all other individuals employed around moving
    18  equipment on the surface and underground shall wear snug-fitting
    19  clothing.
    20     (c)  Gloves.--Protective gloves shall be worn when material
    21  which may injure hands is handled, but gloves with gauntlet
    22  cuffs shall not be worn around moving equipment.
    23     (d)  Protective hats.--All individuals shall wear protective
    24  hats while underground and while on the surface where falling
    25  objects may cause injury.
    26     (e)  Protective footwear.--Protective footwear shall be worn
    27  by employees, officials and others while on duty in and around a
    28  bituminous coal mine.
    29  Section 267.  Checking systems.
    30     Each bituminous coal mine shall have a check-in and check-out
    20080S0949B2050                 - 115 -    

     1  system that will provide positive identification of every
     2  individual underground. An accurate record of the individuals in
     3  the mine, which shall consist of a written record, a check
     4  board, a time clock record or another approved method shall be
     5  kept on the surface in a place that will not be affected in the
     6  event of an emergency. The record shall bear a number or name
     7  identical to the identification check carried by or fastened to
     8  the belt of all individuals going underground.
     9  Section 268.  Prohibitions regarding endangering security of
    10                 mine.
    11     (a)  Prohibitions regarding ventilation.--No miner, worker or
    12  other individual shall knowingly damage, obstruct or remove any
    13  shaft, lamp, instrument, air course or other equipment, obstruct
    14  or disrupt any portion of the mine's ventilation, carry open
    15  lights, open a door closed for directing ventilation and not
    16  close it again or enter any part of a mine that has been
    17  dangered off. No individual shall deface, pull down or destroy
    18  any notice boards, record books or mine maps.
    19     (b)  Smoking prohibition.--Open lights, smoking and smokers'
    20  articles, including matches, are prohibited in bituminous coal
    21  mines. No individual shall at any time enter a mine with or
    22  carry into the mine any matches, pipes, cigars, cigarettes or
    23  any device for making lights or fire not approved. In all mines
    24  the operator may search or cause to be searched any individual,
    25  including his clothing and material belongings, entering or
    26  about to enter the mine, or inside the mine, to prevent such
    27  individual from taking or carrying into the mine any of the
    28  articles prohibited by this subsection.
    29     (c)  Intoxicated individuals.--No individual under the
    30  influence of alcohol or a controlled substance shall enter into
    20080S0949B2050                 - 116 -    

     1  or loiter about any mine. No individual shall have in his
     2  possession alcohol or controlled substances while in or about
     3  the mine premises. This provision shall not apply to the use of
     4  medication as prescribed for that individual.
     5  Section 269.  Responsibility for care and maintenance of
     6                 equipment.
     7     Equipment operators shall exercise reasonable care in the
     8  operation of the equipment entrusted to them and shall promptly
     9  report defects known to them.
    10  Section 270.  Control of dust and other inhalation hazards.
    11     Individuals exposed for short periods to gas, dust, fume and
    12  mist inhalation hazards shall wear approved respiratory
    13  equipment. When exposure is for prolonged periods, dust shall be
    14  controlled by the use of approved dust collectors or by water or
    15  other approved methods.
    16  Section 271.  Safeguards for mechanical equipment.
    17     (a)  Locking.--The cutting devices of mining machines shall
    18  be locked securely by mechanical means or electrical interlocks
    19  while the machines are parked or being trammed. Loading machines
    20  shall not be trammed with loading arms in motion except when
    21  loading materials.
    22     (b)  Guarding.--Belt chain or rope drives and the moving
    23  parts of machinery which are within seven feet of the floor,
    24  ground or platform level, unless isolated, shall be guarded
    25  adequately. Repair pits shall be kept covered or guarded at all
    26  times when not in use. Machinery shall not be lubricated or
    27  repaired while in motion, except where safe remote lubricating
    28  devices are used. Machinery shall not be started until the
    29  individual lubricating or repairing it has given a clear signal.
    30  Guards that have been removed shall be replaced before the
    20080S0949B2050                 - 117 -    

     1  machinery is again put into use. Provision shall be made to
     2  prevent accumulation of spilled lubricants.
     3     (c)  Grinders.--Mechanically operated grinding wheels shall
     4  be equipped with safety washers and substantial retaining hoods
     5  covering two-thirds of the circumference of the wheel, and
     6  goggles or eye shields shall be used. Where stationary grinders
     7  are used, a tool rest shall be provided and the clearance
     8  between the wheel and tool rest shall not exceed one thirty-
     9  second of an inch.
    10  Section 272.  First aid equipment.
    11     In every bituminous coal mine where individuals are employed
    12  underground and in every active section of the mine, it shall be
    13  the duty of the operator or superintendent of the mine to keep
    14  on hand properly constructed stretchers, woolen and waterproof
    15  blankets and all requisites for use in case of emergency. No
    16  first aid material shall be removed or diverted without
    17  authorization, except in case of accident in or about the mine.
    18  It shall be the duty of the operator or superintendent to have
    19  adequate ambulance service available promptly in the event of
    20  injury to any employee.
    21  Section 273.  Fire protection.
    22     (a)  Firefighting equipment.--Each mine shall be provided
    23  with suitable firefighting equipment adapted for the size and
    24  conditions of the mine.
    25     (b)  Standards for firefighting equipment.--At a minimum,
    26  firefighting equipment shall meet the following:
    27         (1)  Waterlines shall be capable of delivering 50 gallons
    28     of water per minute at a nozzle pressure of 50 pounds per
    29     square inch.
    30         (2)  A portable water car shall be of at least 1,000
    20080S0949B2050                 - 118 -    

     1     gallons capacity and shall have at least 300 feet of fire
     2     hose with nozzles. A portable water car shall be capable of
     3     providing a flow through the hose of 50 gallons of water per
     4     minute at a nozzle pressure of 50 pounds per square inch.
     5         (3)  A portable chemical car shall carry enough chemicals
     6     to provide a fire extinguishing capacity equivalent to that
     7     of a portable water car.
     8         (4)  A portable foam-generating machine or device shall
     9     have facilities and equipment for supplying the machine with
    10     30 gallons of water per minute at 30 pounds per square inch
    11     for a period of 35 minutes.
    12         (5)  A portable fire extinguisher shall be either:
    13             (i)  A multipurpose dry chemical type containing a
    14         nominal weight of five pounds of dry powder and enough
    15         expellant to apply the powder.
    16             (ii)  A foam-producing type containing at least 2.5
    17         gallons of foam-producing liquids and enough expellant to
    18         supply the foam.
    19         (6)  Only fire extinguishers approved by the Underwriters
    20     Laboratories, Inc., or Factory Mutual Research Corp.,
    21     carrying appropriate labels as to the type and purpose shall
    22     be used. All portable fire extinguishers shall have a 2A 10
    23     BC or higher rating.
    24         (7)  The fire hose shall be lined with a flame-resistant
    25     material. The cover shall be polyester or other material with
    26     flame-spread qualities and mildew resistance equal or
    27     superior to polyester. The bursting pressure shall be at
    28     least four times the water pressure at the valve to the hose
    29     inlet with the valve closed, and the maximum water pressure
    30     in the hose nozzle shall not exceed 100 pounds per square
    20080S0949B2050                 - 119 -    

     1     inch.
     2     (c)  Working sections.--
     3         (1)  Each working section of a mine producing 300 tons or
     4     more per shift shall be provided with two portable fire
     5     extinguishers and 240 pounds of rock dust in bags or other
     6     suitable containers. Water lines shall extend to each section
     7     loading point and be equipped with enough fire hose to reach
     8     each working face unless the section loading point is
     9     provided with one of the following:
    10             (i)  two portable water cars;
    11             (ii)  two portable chemical cars; or
    12             (iii)  one portable water car or one portable
    13         chemical car, and either:
    14                 (A)  a portable foam-generating machine; or
    15                 (B)  a portable high-pressure rock-dusting
    16             machine fitted with at least 250 feet of hose and
    17             supplied with at least 60 bags of rock dust.
    18         (2)  Each working section of a mine producing less than
    19     300 tons of coal per shift shall be provided with:
    20             (i)  Two portable fire extinguishers.
    21             (ii)  Two hundred and forty pounds of rock dust in
    22         bags or other suitable containers.
    23             (iii)  At least 500 gallons of water and at least
    24         three pails of ten-quart capacity. In lieu of the 500-
    25         gallon water supply, a water line with sufficient hose to
    26         reach the working places, a portable water car with a
    27         500-gallon capacity or a portable all-purpose dry powder
    28         chemical car of at least 125 pounds capacity may be
    29         provided.
    30     (d)  Belt conveyors.--In all mines, water lines shall be
    20080S0949B2050                 - 120 -    

     1  installed parallel to the entire length of belt conveyors and
     2  shall be equipped with fire hose outlets with valves at 300-foot
     3  intervals along each belt conveyor and at tailpieces. At least
     4  500 feet of fire hose with fittings suitable for connection with
     5  each belt conveyor water line system shall be stored at
     6  strategic locations along the belt conveyor. Water lines may be
     7  installed in entries adjacent to the conveyor entry belt as long
     8  as the outlets project into the belt conveyor entry.
     9     (e)  Haulage tracks.--
    10         (1)  In a mine producing 300 tons of coal or more per
    11     shift, water lines shall be installed parallel to all haulage
    12     tracks using mechanized equipment in the track or adjacent
    13     entry and shall extend to the loading point of each working
    14     section. Water lines shall be equipped with outlet valves at
    15     intervals of not more than 500 feet, and 500 feet of fire
    16     hose with fittings suitable for connection with such water
    17     lines shall be provided at strategic locations. Two portable
    18     water cars, readily available, may be used in lieu of water
    19     lines prescribed under this paragraph.
    20         (2)  In a mine producing less than 300 tons of coal per
    21     shift, there shall be provided at 500-foot intervals in all
    22     main and secondary haulage roads:
    23             (i)  a tank of water of at least 55-gallon capacity
    24         with at least three pails of not less than ten-quart
    25         capacity; or
    26             (ii)  not less than 240 pounds of bagged rock dust.
    27     (f)  Transportation.--Each track or off-track locomotive,
    28  self-propelled mantrip car or personnel carrier shall be
    29  equipped with one portable fire extinguisher.
    30     (g)  Electrical installations.--
    20080S0949B2050                 - 121 -    

     1         (1)  Two portable fire extinguishers or one extinguisher
     2     having at least twice the minimum capacity specified for a
     3     portable fire extinguisher specified in subsection (b)(5)
     4     shall be provided at each permanent electrical installation.
     5         (2)  One portable fire extinguisher and 240 pounds of
     6     rock dust shall be provided at each temporary electrical
     7     installation.
     8     (h)  Oil storage stations.--Two portable fire extinguishers
     9  and 240 pounds of rock dust shall be provided at each permanent
    10  underground oil storage station. One portable fire extinguisher
    11  shall be provided at each working section where 25 gallons or
    12  more of oil is stored in addition to extinguishers required
    13  under subsection (c).
    14     (i)  Welding, cutting and soldering.--One portable fire
    15  extinguisher or 240 pounds of rock dust shall be provided at
    16  locations where welding, cutting or soldering with arc or flame
    17  is being done.
    18     (j)  Power lines.--At each wooden door through which power
    19  lines pass, there shall be one portable fire extinguisher or 240
    20  pounds of rock dust within 25 feet of the door on the intake air
    21  side.
    22     (k)  Emergency materials.--
    23         (1)  At a mine producing 300 tons of coal or more per
    24     shift, there shall be readily available the following
    25     materials at locations not exceeding two miles from each
    26     working section:
    27             (i)  One thousand board feet of brattice boards.
    28             (ii)  Two rolls of brattice cloth.
    29             (iii)  Two handsaws.
    30             (iv)  Twenty-five pounds of 8d nails.
    20080S0949B2050                 - 122 -    

     1             (v)  Twenty-five pounds of 10d nails.
     2             (vi)  Twenty-five pounds of 16d nails.
     3             (vii)  Three claw hammers.
     4             (viii)  Twenty-five bags of wood fiber plaster or ten
     5         bags of cement, or equivalent material for stoppings.
     6             (ix)  Five tons of rock dust.
     7         (2)  At a mine producing less than 300 tons of coal per
     8     shift, the materials set forth in this subsection shall be
     9     available at the mine, provided, however, that the emergency
    10     materials for one or more mines may be stored at a central
    11     warehouse or building supply company and the supply must be
    12     the equivalent of that required for all mines involved and
    13     within an hour's delivery time from each mine. This exception
    14     shall not apply where the active working sections are more
    15     than two miles from the surface.
    16     (l)  Condition and examination of firefighting equipment.--
    17  All firefighting equipment shall be maintained in a usable and
    18  operative condition. Chemical extinguishers shall be examined
    19  every six months, and the date of the examination shall be
    20  written on a permanent tag attached to the extinguisher.
    21     (m)  Branch lines.--As a part of the deluge-type water spray
    22  system, two or more branch lines of nozzles shall be installed.
    23  The maximum distance between nozzles shall not exceed eight
    24  feet.
    25     (n)  Installation of foam generator systems.--
    26         (1)  Foam generator systems shall be located so as to
    27     discharge foam to the belt drive, belt take-up, electrical
    28     controls, gear-reducing unit and conveyor belt.
    29         (2)  Foam generator systems shall be equipped with a fire
    30     sensor which actuates the system, and each system shall be
    20080S0949B2050                 - 123 -    

     1     capable of producing and delivering the following amounts of
     2     foam within five minutes:
     3             (i)  At fire-resistant belt installations, an amount
     4         which will fully envelop the belt drive, belt take-up,
     5         electrical controls, gear-reducing unit and conveyor belt
     6         over a distance of 50 feet.
     7             (ii)  At non-fire-resistant belt installations, an
     8         amount which will fully envelop the belt drive, belt
     9         take-up electrical controls, gear-reducing unit and
    10         conveyor belt over a distance of 150 feet.
    11         (3)  The foam generator shall be equipped with a warning
    12     device designed to stop the belt drive when a fire occurs,
    13     and all such warning devices shall be capable of giving both
    14     an audible and visual signal when actuated by fire.
    15         (4)  Water, power and chemicals required shall be
    16     adequate to maintain water or foam flow for no less than 25
    17     minutes.
    18         (5)  Water systems shall include strainers with a flush-
    19     out connection and a manual shut-off valve.
    20     (o)  Water sprinkler systems.--Water sprinkler systems may be
    21  installed to protect main and secondary belt-conveyor drives,
    22  however, where such systems are employed, they shall be
    23  installed and maintained in accordance with subsections (p),
    24  (q), (r), (s) and (t).
    25     (p)  Installation of water sprinkler systems.--
    26         (1)  The fire-control components of each water sprinkler
    27     system shall be installed, as far as practicable, in
    28     accordance with the recommendations set forth in the National
    29     Fire Protection Association, Code No. 13, entitled
    30     "Installation of Sprinkler Systems," in effect at the time of
    20080S0949B2050                 - 124 -    

     1     installation, and such systems' components shall be of a type
     2     approved by the Underwriters Laboratories, Inc., Factory
     3     Mutual Research Corporation.
     4         (2)  Each sprinkler system shall provide protection for
     5     the motor drive belt take-up, electrical controls, gear-
     6     reducing unit and 50 feet of fire-resistant belt or 150 feet
     7     of non-fire-resistant belt adjacent to the belt drive.
     8         (3)  The components of each water sprinkler system shall
     9     be located so as to minimize the possibility of damage by
    10     roof fall or by the moving belt and its load.
    11     (q)  Arrangement of sprinklers.--
    12         (1)  At least one sprinkler shall be installed above each
    13     belt drive, belt take-up, electrical control and gear-
    14     reducing unit, and individual sprinklers shall be installed
    15     at intervals of no more than eight feet along all conveyor
    16     branch lines.
    17         (2)  Two or more branch lines, at least one of which
    18     shall be above the top belt and one between the top and
    19     bottom belt, shall be installed in each sprinkler system to
    20     provide a uniform discharge of water to the belt surface.
    21         (3)  The water discharge rate from the sprinkler system
    22     shall not be less than .25 gallon per minute per square foot
    23     of the top surface of the top belt, and the discharge shall
    24     be directed at both the upper and bottom surfaces of the top
    25     belt and to the upper surface of the bottom belt. The supply
    26     of water shall be adequate to provide a constant flow of
    27     water for ten minutes with all sprinklers functioning.
    28         (4)  Each individual sprinkler shall be activated at a
    29     temperature of not less than 150 degrees Fahrenheit and not
    30     more than 300 degrees Fahrenheit.
    20080S0949B2050                 - 125 -    

     1         (5)  Water systems shall include strainers with a flush-
     2     out connection and a manual shutoff valve.
     3     (r)  Backup water system.--One fire hose outlet together with
     4  a length of hose capable of extending to the belt drive shall be
     5  provided within 300 feet of each belt drive.
     6     (s)  Fire warning devices at belt drives.--Each water
     7  sprinkler system shall be equipped with a device designed to
     8  stop the belt drive in the event of a rise in temperature, and
     9  each warning device shall be capable of giving both an audible
    10  and visual warning when a fire occurs.
    11     (t)  Examination and test.--Each water sprinkler system shall
    12  be examined weekly, and a functional test of the complete system
    13  shall be conducted at least once each year.
    14     (u)  Equivalent dry-pipe system.--Where water sprinkler
    15  systems are installed to protect main and secondary belt
    16  conveyor drives and freezing temperatures prevail, an equivalent
    17  dry-pipe system may be installed.
    18     (v)  Dry-powder chemical systems.--Self-contained dry-powder
    19  chemical systems may be installed to protect main and secondary
    20  belt conveyor drives; however, where self-contained dry-powder
    21  chemical systems are employed, they shall be installed and
    22  maintained in accordance with the provisions of subsections (w),
    23  (x), (y), (z), (aa), (bb), (cc) and (dd).
    24     (w)  Installation of dry-powder chemical systems.--
    25         (1)  Self-contained dry-powder chemical systems shall be
    26     installed to protect each beltdrive, belt take-up, electrical
    27     controls, gear-reducing units and 50 feet of fire-resistant
    28     belt or 150 feet of non-fire-resistant belt adjacent to the
    29     belt drive.
    30         (2)  The fire control components of each dry-powder
    20080S0949B2050                 - 126 -    

     1     chemical system shall be a type approved by the Underwriters
     2     Laboratories, Inc., or Factory Mutual Engineering
     3     Corporation.
     4         (3)  The components of each dry-powder chemical system
     5     shall be located so as to minimize the possibility of damage
     6     by roof fall or by the moving belt and its load.
     7     (x)  Construction of dry-powder chemical systems.--
     8         (1)  Each self-contained dry-powder system shall be
     9     equipped with hose or pipe lines which are no longer than
    10     necessary.
    11         (2)  Metal piping and hose between control valves and
    12     nozzles shall have a minimum bursting pressure of 500 pounds
    13     per square inch.
    14         (3)  Hose shall be protected by wire braid or its
    15     equivalent.
    16         (4)  Nozzles and reservoirs shall be sufficient in number
    17     to provide maximum protection to each belt, belt take-up,
    18     electrical controls and gear-reducing unit.
    19         (5)  Each belt shall be protected on the top surface of
    20     both the top and bottom belts and the bottom surface of the
    21     top belt.
    22     (y)  Sensing and fire-suppression devices.--
    23         (1)  Each self-contained dry-powder chemical system shall
    24     be equipped with sensing devices which shall be designed to
    25     activate the fire control system, sound an alarm and stop the
    26     conveyor drive motor in the event of a rise in temperature,
    27     and provision shall be made to minimize contamination of the
    28     lens of any optical sensing device installed in the system.
    29         (2)  Where sensors are operated from the same power
    30     source as the belt drive, each sensor shall be equipped with
    20080S0949B2050                 - 127 -    

     1     a standby power source which shall be capable of remaining
     2     operative for at least four hours after a power cutoff.
     3         (3)  Sensor systems shall include a warning indicator or
     4     test circuit which shows it is operative.
     5         (4)  Each fire suppression system shall be equipped with
     6     a manually operated control valve which shall be independent
     7     of the sensor.
     8     (z)  Dry powder requirements.--Each dry powder chemical
     9  system shall contain the following minimum amounts of
    10  multipurpose dry powder:
    11         (1)  One hundred and twenty-five pounds of dry powder for
    12     fire resistant belts.
    13         (2)  Two hundred and twenty-five pounds of dry powder for
    14     non-fire-resistant belts.
    15     (aa)  Nozzles, flow rate and direction.--The nozzles of each
    16  dry-powder chemical system shall be capable of discharging all
    17  powder within one minute after actuation of the system, and such
    18  nozzles shall be directed so as to minimize the effect of
    19  ventilation upon fire control.
    20     (bb)  Safeguards for dry-powder chemical systems.--Adequate
    21  guards shall be provided along all belt conveyors in the
    22  vicinity of each dry-powder chemical system to protect
    23  individuals whose vision is restricted by a discharge of powder
    24  from the system. Handrails shall be installed in these areas to
    25  provide assistance to those passing along the conveyor after a
    26  powder discharge.
    27     (cc)  Backup water system.--One fire hose outlet, together
    28  with a length of hose capable of extending to the belt drive,
    29  shall be provided within 300 feet of each belt drive.
    30     (dd)  Inspection of dry-powder chemical systems.--
    20080S0949B2050                 - 128 -    

     1         (1)  Each dry-powder chemical system shall be examined
     2     weekly, and a functional test of the complete system shall be
     3     conducted at least once each year.
     4         (2)  Where the dry-powder chemical system has been
     5     actuated, all components of the system shall be cleaned
     6     immediately by flushing all powder from pipes and hoses, and
     7     all hose damaged by fire shall be replaced.
     8  Section 274.  Mine openings or outlets.
     9     (a)  Mine openings or outlets.--It shall be unlawful for the   <--
    10  operator, superintendent or mine foreman of a mine to employ any
    11  individual to work in the mine unless there are two openings or
    12  outlets to the surface from every seam of coal being worked, and
    13  available from every seam of coal entry, which openings or
    14  outlets shall have distinct means of ingress and egress
    15  available at all times for the use by the employees. The two
    16  openings to the surface required by this section shall not be at
    17  a common shaft, slope, or drift opening, except that multiple
    18  compartment shafts or slopes separated by substantially
    19  constructed walls of noncombustible material shall be considered
    20  as two separate and distinct openings. The distance between two
    21  shafts shall not be less than 200 feet, the distance between the
    22  openings to the surface of slopes shall not be less than 150
    23  feet and the distance between drifts shall not be less than 50
    24  feet, provided that the distance between the openings shall
    25  apply only to mines opened after the effective date of this act.
    26  The distances specified may be less with the written consent of
    27  the department. The passageways between the two shafts shall at
    28  all times be maintained in safe and available condition for the
    29  employees to travel, and the pillars in entries between the two
    30  openings shall not be removed without the approval of the
    20080S0949B2050                 - 129 -    

     1  department.
     2     (b)  Openings.--The requirements of subsection (a) shall not
     3  apply to the openings of a new mine, or to the openings of a new
     4  entry of an existing mine, that is being worked for the purpose
     5  of making connection between the two outlets, as long as not
     6  more than 20 individuals are employed at any one time in making
     7  the connection or driving the second opening. The requirements
     8  of subsection (a) shall not apply to any mine in which the
     9  second opening has been rendered unavailable by reason of the
    10  final robbing or removing of pillars, as long as not more than
    11  20 individuals are employed in the mine at any one time.
    12     (c)  Safe egress.--Safe means of egress shall be available at
    13  all times for the individuals employed in a mine that has no
    14  second outlet available.
    15     (d)  Entries.--Every mine shall have at least five main
    16  entries, two of which shall lead from the main opening and two
    17  of which shall lead from the second opening into the body of the
    18  mine. The fifth, which may be connected with an opening to the
    19  surface or with the intake airway at or near the main intake
    20  opening, shall be used exclusively as a travelingway for the
    21  employees.
    22     (A)  OPENINGS OR OUTLETS TO THE SURFACE.--IT SHALL BE          <--
    23  UNLAWFUL FOR THE OPERATOR, SUPERINTENDENT OR MINE FOREMAN TO
    24  EMPLOY AN INDIVIDUAL TO WORK IN THE MINE UNLESS THERE ARE NO
    25  FEWER THAN TWO INTAKE OPENINGS OR OUTLETS TO THE SURFACE FROM
    26  EVERY SEAM OF COAL BEING WORKED. THE OPENINGS OR OUTLETS SHALL
    27  HAVE A DISTINCT MEANS OF INGRESS AND EGRESS AVAILABLE, AT ALL
    28  TIMES, FOR USE BY THE EMPLOYEES. THE TWO INTAKE OPENINGS OR
    29  OUTLETS TO THE SURFACE REQUIRED BY THIS SECTION SHALL NOT BE AT
    30  A COMMON SHAFT, SLOPE OR DRIFT OPENING. MINES IN OPERATION PRIOR
    20080S0949B2050                 - 130 -    

     1  TO THE EFFECTIVE DATE OF THIS ACT ARE NOT SUBJECT TO THE
     2  REQUIREMENTS UNDER THIS SUBSECTION.
     3     (B)  EXCEPTION.--THE REQUIREMENTS OF SUBSECTION (A) SHALL NOT
     4  APPLY TO THE OPENINGS OR OUTLETS OF A NEW MINE BEING WORKED FOR
     5  THE PURPOSE OF MAKING CONNECTIONS BETWEEN THE OPENINGS OR
     6  OUTLETS, SO LONG AS NO MORE THAN 20 INDIVIDUALS ARE EMPLOYED IN
     7  MAKING THE CONNECTIONS.
     8     (C)  SHAFT, SLOPE AND DRIFT DISTANCES.--THE DISTANCE BETWEEN
     9  SHAFTS SHALL BE NOT LESS THAN 200 FEET. THE DISTANCE BETWEEN THE
    10  OPENINGS TO THE SURFACE OF SLOPES SHALL BE NOT LESS THAN 150
    11  FEET. THE DISTANCE BETWEEN DRIFTS SHALL BE NOT LESS THAN 50
    12  FEET. EXCEPTIONS TO THE DISTANCE REQUIREMENTS SPECIFIED IN THIS
    13  SUBSECTION MAY BE GRANTED WITH THE WRITTEN CONSENT OF THE
    14  DEPARTMENT. THE PASSAGEWAYS BETWEEN OPENINGS OR OUTLETS SHALL BE
    15  MAINTAINED IN A SAFE AND AVAILABLE CONDITION FOR THE EMPLOYEES
    16  TO TRAVEL. THE PILLARS IN ENTRIES BETWEEN THE OPENINGS OR
    17  OUTLETS SHALL NOT BE REMOVED.
    18     (D)  NUMBER OF ENTRIES.--EVERY MINE SHALL HAVE NO FEWER THAN
    19  FIVE MAIN ENTRIES CONNECTED TO THE OPENINGS OR OUTLETS TO THE
    20  SURFACE.
    21     (e)  Intake and return entries.--The intake and return
    22  entries shall be kept reasonably drained and reasonably free
    23  from refuse and obstructions of all kinds, so that individuals
    24  may safely travel throughout their whole length and have a safe
    25  means of egress from workings in case of emergency. The entries
    26  shall be separated by pillars of coal of sufficient strength.
    27  When the coal seam height is less than four and one-half feet,
    28  employees shall be provided a means of transportation in and out
    29  of the mine.
    30     (f)  Passageway between workings.--In every slope with
    20080S0949B2050                 - 131 -    

     1  workings on both sides, an overpass or underpass not less than
     2  five feet wide and five feet high shall be provided as a
     3  passageway for the use of employees to cross from one side of
     4  the slope to the other. The overpass or underpass shall connect
     5  with available passageways leading to the workings on both sides
     6  of the slope. The intervening strata between the slope and the
     7  overpass or underpass shall be of sufficient strength at all
     8  points to insure safety to the employees, provided, however,
     9  that if it is impracticable to drive an overpass or an underpass
    10  in the solid, an overpass or underpass, if substantially built
    11  with masonry or other incombustible material, will be deemed
    12  sufficient.
    13     (g)  Shafts less than 100 feet deep.--If the opening or
    14  outlet other than the main opening is a shaft not more than 100
    15  feet in depth and is used by employees for the purpose of
    16  ingress to or egress from the mine, it shall be kept available
    17  and in safe condition, free from dangerous gases and all
    18  obstruction, and shall be fitted with safe and convenient
    19  stairways, with steps of an average tread of ten inches and a
    20  rise of nine inches, not less than two feet in width and not to
    21  exceed an angle of 45 degrees, and with landings not less than
    22  24 inches in width and four feet in length, at easy and
    23  convenient distances. Stairways shall be made safe by having
    24  handrails of suitable material placed on one side, or on both
    25  sides when requested by the department, and shall be inspected
    26  every 24 hours by a certified mine official employed for that
    27  purpose. Water that may come from the surface or from the strata
    28  in the shaft shall be conducted away so it will not fall on the
    29  stairways or on individuals while descending or ascending them.
    30     (h)  Shafts more than 100 feet deep.--When a mine is operated
    20080S0949B2050                 - 132 -    

     1  by a shaft more than 100 feet in depth, the individuals employed
     2  in the shaft shall be lowered and hoisted by means of machinery
     3  unless the second opening is a drift or a slope. When the
     4  employees are lowered into or hoisted from the mine at the main
     5  shaft opening, the second opening, if a shaft, shall be supplied
     6  with a stairway, constructed in the manner designated in this
     7  section or with suitable machinery for safely lowering and
     8  hoisting individuals in case of an emergency.
     9     (i)  Slope openings.--At any mine where one of the openings
    10  required is a slope and is used as a means of ingress and egress
    11  by the employees, and where the angle of descent of the slope
    12  exceeds 15 degrees and its length from the mouth of the opening
    13  exceeds 1,000 feet, the employees shall be lowered into and
    14  hoisted from the mine at a speed not to exceed six miles per
    15  hour. At any mine where the angle of descent of the slope
    16  averages from five to 15 degrees and its length exceeds 3,000
    17  feet, the employees shall be lowered into and hoisted from the
    18  mine at a speed not to exceed six miles per hour, provided,
    19  however, that when a separate travelingway is provided at any
    20  such slope, the owner or operator may, at the owner's or
    21  operator's option, be exempt from the requirements of this
    22  section if the angle of the travelingway does not exceed 20
    23  degrees.
    24  Section 275.  Mining close to abandoned workings.
    25     The superintendent shall not permit the mining of coal in any
    26  seam the entire distance to a permit boundary, not including
    27  boundaries around reservations or along crop lines, when on the
    28  adjoining property there are mine workings in the seam within
    29  3,000 feet of the permit boundary. A barrier pillar shall be
    30  left, from the operation to the permit boundary, of not less
    20080S0949B2050                 - 133 -    

     1  than ten feet plus two feet for every foot or part of a foot of
     2  thickness of the bed measured from the roof to the floor, plus
     3  five feet for each 100 feet or part of 100 feet of cover over
     4  the bed at the permit boundary. If the coal on one side of the
     5  permit boundary has been mined, prior to the effective date of
     6  this section, closer to the permit boundary than permitted, the
     7  barrier pillar to be left in the mine approaching the permit
     8  boundary shall be at least equal, when added to that already
     9  left in the adjoining mine, to that required on both sides of
    10  the permit boundary. If, in the opinion of the department or the
    11  superintendent of either mining property, the barrier pillar is
    12  deemed insufficient, after due notice to the operator of the
    13  adjoining mining property, one-half of the barrier pillar shall
    14  be left on each side of the permit boundary, except as provided
    15  in this section. The department, the superintendent or owner of
    16  either mining property shall determine the thickness necessary
    17  to afford safety and protection. If it is agreed by the
    18  department and superintendents of the adjoining coal mining
    19  properties that the permit boundary is so located that there is
    20  no danger to property or lives in mining coal on either or both
    21  sides of the permit boundary up to the permit boundary, then
    22  mining to the permit boundary shall be lawful if all danger from
    23  accumulated water and gas shall have first been removed by
    24  driving a passageway to tap and drain off any accumulations of
    25  water and gas, as provided for in this act.
    26  Section 276.  Lubrication and storage of flammable lubricants.
    27     The oiling or greasing of any cars inside any mine is
    28  strictly prohibited unless the place where the oil or grease is
    29  used is thoroughly cleaned at least once a day to prevent the
    30  accumulation of waste oil or grease. Not more than two days'
    20080S0949B2050                 - 134 -    

     1  supply of flammable oil or lubricant shall be stored in any
     2  portion of a mine unless it is kept in a fireproof building or a
     3  structure cut out of solid rock. Oil or grease stored in the
     4  face area shall be kept in approved containers and away from
     5  power wires and electric equipment. Accumulations of spilled oil
     6  or grease shall be rendered harmless. Excessive accumulations
     7  shall be removed from the mine. Closed metal containers shall be
     8  provided for the storage of oily rags or waste until removed for
     9  disposal. If any flammable oil or lubricants are stored
    10  underground, all reasonable safety practices shall be observed
    11  in order to minimize any dangers of fire.
    12  Section 277.  Approved lighting and gas detection devices in
    13                 mines.
    14     (a)  Lighting.--It shall be unlawful to use open lights in
    15  mines, and only approved electric cap lamps, approved
    16  flashlights, approved safety lamps and other approved lighting
    17  equipment shall be used in mines.
    18     (b)  Gas detection devices.--All approved gas detection
    19  devices used for examining mines shall be in the care of the
    20  mine foreman or some other competent individual appointed by the
    21  mine foreman, who shall have a duty to examine, test and deliver
    22  them in a safe condition to the individuals when entering the
    23  mine and to receive gas detection devices from the individuals
    24  when returning from work.
    25     (c)  Number of devices.--At every mine, a sufficient number
    26  of approved gas detection devices shall be kept in good
    27  condition for use in case of emergency.
    28     (d)  Entrusting of devices.--No approved gas detection
    29  devices shall be entrusted to any individual for use in a mine
    30  until the individual has given satisfactory evidence to the mine
    20080S0949B2050                 - 135 -    

     1  foreman that he understands the proper use of the gas detection
     2  device and the danger of tampering with the device.
     3     (e)  Duty to return device.--It shall be the duty of every
     4  individual who knows their approved gas detection device is
     5  defective to return it immediately to a mine official.
     6  Section 278.  Unauthorized entry into mine.
     7     Any individual who enters a mine without authorization from
     8  the superintendent commits a misdemeanor of the second degree.
     9  This section shall not be applicable to any individual who
    10  enters a mine in the performance of any duty imposed upon him by
    11  this act.
    12  Section 279.  Passing by or removing danger signs.
    13     Except as specifically authorized in this act, no employee or
    14  other individual shall pass by any danger sign into any mine, or
    15  into any portion of any mine, or remove any danger sign before
    16  the mine or portion of the mine has been examined and reported
    17  to be safe. Any employee or other individual shall not pass by
    18  any danger sign placed at the entrance to a working place, or
    19  any other place in the mine, or remove the danger sign without
    20  permission from the mine foreman, the assistant mine foreman or
    21  the mine examiner.
    22  Section 280.  Miners to remain in work areas.
    23     Each miner shall remain during working hours in the work area
    24  assigned by the mine foreman or the assistant mine foreman.
    25  Section 281.  Sealing openings.
    26     (a)  Permanently abandoned shafts.--Every shaft permanently
    27  abandoned shall be filled for its entire depth. The fill shall
    28  extend from the bottom of the coal seam to a height of 50 feet
    29  with incombustible material.
    30     (b)  Out of service openings.--Every slope, drift or tunnel
    20080S0949B2050                 - 136 -    

     1  permanently taken out of service shall be filled for a distance
     2  of 25 feet with incombustible material.
     3     (c)  Drillholes and boreholes.--All drillholes and boreholes
     4  permanently taken out of service after the effective date of
     5  this act shall be effectively plugged or sealed.
     6     (d)  Openings available for future use.--Every shaft, slope,
     7  drift or tunnel, temporarily taken out of service, which may be
     8  used for future mining purposes shall be properly sealed or
     9  fenced.
    10  Section 282.  Ladders in mines.
    11     Permanently installed ladders in mines that are more than ten
    12  feet in length and set on an angle of 60 degrees or more with
    13  the horizontal shall be provided with substantial backguards,
    14  and all ladders shall be maintained in good repair.
    15  Section 283.  Inside structures to be of incombustible
    16                 materials.
    17     All buildings or structures in any bituminous coal mine shall
    18  be constructed of incombustible materials.
    19  Section 284.  Washhouses.
    20     It shall be the duty of the operator or superintendent of a
    21  mine to provide a suitable building, convenient to the principal
    22  entrance of the mine, for the use of employees of the mine to
    23  wash and change clothes. The building shall be maintained in
    24  good order and be properly lighted and heated, shall be provided
    25  with hot and cold running water and facilities for individuals
    26  to wash and shall include adequate sanitary facilities. The cost
    27  of providing and maintaining the conveniences and facilities
    28  shall be defrayed by the owner or operator of mine.
    29                             CHAPTER 3
    30                        ELECTRICAL EQUIPMENT
    20080S0949B2050                 - 137 -    

     1  Section 301.  Duties of mine foreman and superintendent.
     2     It shall be the duty of the mine foreman and superintendent
     3  to see that the requirements of this chapter for the
     4  installation and maintenance of electrical equipment are
     5  observed in and around coal mines.
     6  Section 302.  Definitions.
     7     As used in this chapter, the following words and terms shall
     8  have the meanings given to them in this section unless the
     9  context clearly indicates otherwise:
    10     "Armored cable."  A cable provided with a wrapping of metal,
    11  usually steel wires or tapes, primarily for the purpose of
    12  mechanical protection.
    13     "Borehole cable."  A cable designed for vertical suspension
    14  in a borehole or shaft and is used for power circuits in a mine.
    15     "Branch circuit."  A tap taken off a main circuit.
    16     "Cable sheath."  A covering consisting of composition tapes,
    17  compound jackets of natural or synthetic rubber, or
    18  thermoplastic or fiber braids applied over the conductor
    19  assembly and insulation of multiple conductor cables.
    20     "Circuit breaker."  A device which may be controlled by
    21  relaying or protective equipment for interrupting a circuit
    22  between separable contacts under normal or abnormal conditions.
    23     "Delta-connected."  A delta-connected power system is one in
    24  which the windings of transformers or AC generators are
    25  connected to form a triangular phase relationship, with the
    26  phase conductors connected to each point of the triangle.
    27     "Difference of potential."  The difference of electrical
    28  pressure or electromotive force existing between any two points
    29  of an electrical system, or between any point of a system and
    30  the earth, as determined by a voltmeter or other suitable
    20080S0949B2050                 - 138 -    

     1  instrument.
     2     "Effectively grounded."  Grounded through a grounding
     3  connection of sufficiently low impedance, inherent or
     4  intentionally added, or both, so that fault grounds which may
     5  occur cannot build up voltages in excess of limits established
     6  for apparatus, circuits or systems so grounded.
     7     "ELECTRIC SYSTEM."  ALL ELECTRIC EQUIPMENT AND CIRCUITS THAT   <--
     8  PERTAIN TO THE OPERATION OF THE MINE AND ARE UNDER CONTROL OF
     9  THE MINE MANAGEMENT.
    10     "Electrical face equipment."  Mobile or portable mining
    11  machinery having electric motors or accessory equipment normally
    12  installed or operated inby the last open crosscut in any entry
    13  or room.
    14     "Electric system."  All electric equipment and circuits that   <--
    15  pertain to the operation of the mine and are under control of
    16  the mine management.
    17     "Explosion-proof or flame-proof."  Casings or enclosures
    18  which, when completely filled with a mixture of methane and air
    19  and the same exploded, are capable of either entirely confining
    20  the products of the explosion within the casing or discharging
    21  them from the casing so that they cannot ignite a mixture of
    22  methane and air, combined in proportions most sensitive to
    23  ignition and entirely surrounding the points of discharge, and
    24  in most intimate proximity with the points of discharge.
    25     "Flame-resistant cable."  A cable that meets the MSHA testing
    26  requirements for flame resistance and has been assigned an
    27  approval. A cable shall also be considered flame-resistant if it
    28  meets the criteria for flame resistance by a nationally
    29  recognized testing lab that is equivalent to the MSHA testing
    30  criteria and that is appropriately identified. All flame-
    20080S0949B2050                 - 139 -    

     1  resistant cables used underground shall have the approval number
     2  embossed or indented on the jacket at intervals not to exceed 12
     3  feet.
     4     "Ground."  A conducting connection, whether intentional or
     5  accidental, between an electric circuit or equipment and earth
     6  or to some conducting body which serves in place of the earth.
     7     "Grounding conductor."  A metallic conductor used to connect
     8  the metal frame or enclosure of an equipment, device or wiring
     9  system with an effective grounding medium.
    10     "High voltage."  Voltage higher than 1,000 volts nominal.
    11     "Lightning arrestor."  A protective device for limiting surge
    12  voltages on equipment by discharging or bypassing surge current
    13  and for preventing continued flow of current to ground.
    14     "Low voltage."  Voltage up to 660 volts nominal.
    15     "Machine operator."  An individual who possesses a machine
    16  runners certification and is placed in charge of a portable or
    17  mobile face machine of any sort where a gas examination is
    18  required under this act or regulations promulgated under this
    19  act.
    20     "Medium voltage."  Voltage from 661 to 1,000 volts nominal.
    21     "Mine power center."  A combined transformer and distribution
    22  unit which may include a rectifier, complete within a metal
    23  enclosure, from which one or more low-voltage, medium-voltage or
    24  high-voltage power circuits are taken.
    25     "Neutral."  A neutral point of connection established through
    26  the use of a grounding or zig-zag transformer with a normally
    27  ungrounded delta power system.
    28     "Neutral point."  The connection point of transformer or
    29  generator windings from which the voltage to ground is nominally
    30  zero and is the point generally used for system grounding in a
    20080S0949B2050                 - 140 -    

     1  wye-connected AC power system.
     2     "Nonmetallic armor."  A tough outer covering or cable sheath
     3  of rubber, rubber compound or thermoplastic designed to protect
     4  the cable conductors and insulation from abrasion or other
     5  damage from external sources.
     6     "Portable trailing cable."  A flexible cable or cord used for
     7  connecting mobile, portable or stationary equipment in mines to
     8  a trolley system or other external source of electric energy
     9  where permanent mine wiring is prohibited or impracticable.
    10     "Potential of a circuit."  The voltage of a circuit machine
    11  or any piece of electrical apparatus is the potential difference
    12  normally existing between the conductors of such circuit or the
    13  terminals of the machine or apparatus.
    14     "Primary ground."  A low impedance ground bed or system
    15  consisting of several interconnected ground rods or buried
    16  conducting mesh, or both, located near an outdoor substation and
    17  used as a lightning arrestor or station ground or, separately,
    18  as a basic ground for one conductor of a power transmission or
    19  distribution system. A single ground rod of any length is not
    20  considered a primary ground.
    21     "Protection."  Fuses or other suitable automatic circuit-
    22  interrupting devices for preventing damage to circuits,
    23  equipment and personnel by abnormal conditions, such as over-
    24  current, high or low voltage and single phasing.
    25     "Rectifiers."  Alternating current to direct-current power
    26  conversion devices of the mercury-arc, silicon, selenium or
    27  other type.
    28     "Shielded cable." A cable in which the insulated conductor is
    29  covered with a conductive material for the purpose of clearing
    30  ground faults.
    20080S0949B2050                 - 141 -    

     1     "Voltage."  The phase-to-phase or line-to-line root-mean-
     2  square value assigned to a circuit or system for designation as
     3  its voltage class. Actual voltage at which the circuit or
     4  systems operated may vary from the normal voltage with a range,
     5  which permits satisfactory operation of the equipment. The
     6  difference of electrical pressure or electromotive force
     7  existing between any two points of an electrical system, or
     8  between any point of a system and earth, as determined by a volt
     9  meter or other instrument. The term shall be synonymous with the
    10  term potential and shall mean electrical pressure.
    11     "Wye-connected."  A system in which one end of each phase
    12  winding of transformers or AC generators are connected together
    13  to form a neutral point, and the other ends of the windings are
    14  connected to the phase conductors.
    15     "Zig-zag transformer."  A three-phase transformer used to
    16  provide a neutral point on delta systems and capable of carrying
    17  continuously the maximum ground fault current of the system.
    18  Section 303.  Plan of electrical system.
    19     A plan shall be kept at the mine showing the location of all
    20  stationary electrical apparatus in connection with the mine
    21  electrical system, including permanent cables, conductors,
    22  switches and trolley lines. The plan shall be of sufficient size
    23  to show clearly the position of the apparatus, and the scale
    24  shall not be less than 500 feet per inch. There shall be stated
    25  on the plan the capacity in horsepower of each motor, and in
    26  kilowatts of each generator, rectifier or transformer, and the
    27  nature of its duty. The plans shall be corrected as often as may
    28  be necessary to keep them up to date or at intervals not
    29  exceeding six months.
    30  Section 304.  Protection against shock.
    20080S0949B2050                 - 142 -    

     1     (a)  Electrical work.--No electrical work shall be performed
     2  on low-voltage, medium-voltage or high-voltage distribution
     3  circuits or equipment except by a qualified individual or by an
     4  individual trained to perform electrical work and to maintain
     5  electrical equipment under the direct supervision of a qualified
     6  individual. Disconnecting devices shall be locked out and
     7  suitably tagged by the individuals who perform the work, except
     8  that in cases where locking out is not possible, the devices
     9  shall be opened and suitably tagged by such individuals. Locks
    10  or tags shall be removed only by the individual who installed
    11  them or, if the individuals are unavailable, by an individual
    12  authorized by the operator or the operator's agent.
    13     (b)  Insulating materials.--Mats of rubber, insulated
    14  platform or other suitable insulating materials shall be
    15  provided at all stationary transformers, rectifiers, motors and
    16  generators and their controls, except portable and mobile
    17  equipment. Gloves or mats of rubber or other suitable insulating
    18  material shall be provided by the operator and used by qualified
    19  individuals when energized parts of electrical apparatus have to
    20  be handled for the purpose of adjustment.
    21  Section 305.  Restoration from shock.
    22     Instruction shall be posted in every generating, transforming
    23  and motor room and at the entrance to the mine containing
    24  directions as to the restoration of individuals suffering from
    25  electric shock. All employees working in connection with
    26  electrical apparatus shall be familiar with and competent to
    27  carry out the instructions.
    28  Section 306.  Report of defective equipment.
    29     In the event of a breakdown or damage or injury to any
    30  portion of the electrical equipment in a mine, overheating, the
    20080S0949B2050                 - 143 -    

     1  appearance of sparks or arcs outside enclosed casings or in the
     2  event of any portion of the equipment not a part of the
     3  electrical circuit becoming energized, the equipment shall be
     4  disconnected from its source of power, the occurrence shall be
     5  promptly reported to a mine official and the equipment shall not
     6  be used again until necessary repairs are made.
     7  Section 307.  Damage or alteration to mine electrical system.
     8     No individual shall willfully damage or without authority
     9  alter or make connections to any portion of a mine electrical
    10  system.
    11  Section 308.  Capacity.
    12     All electrical apparatus and conductors shall be sufficient
    13  in size and power for the work they may be called upon to do
    14  and, as prescribed in this act, be efficiently covered or
    15  safeguarded. The electrical apparatus and conductors shall be
    16  installed, operated and maintained to reduce danger from
    17  accidental shock or fire to the minimum and shall be constructed
    18  and operated so that the rise in temperature caused by ordinary
    19  operation will not injure the insulating materials. Where these
    20  conditions are not met, affected equipment shall be removed from
    21  service until corrective action is taken.
    22  Section 309.  Joints in conductors.
    23     All joints in conductors shall be mechanically and
    24  electrically efficient. Suitable connectors or screw clamps
    25  shall be used. All joints in insulated wire shall, after the
    26  joint is complete, be reinsulated to at least the same extent as
    27  the remainder of the wire.
    28  Section 310.  Cables entering fittings.
    29     The exposed ends of cables where they enter fittings of any
    30  description shall be protected and finished off so that moisture
    20080S0949B2050                 - 144 -    

     1  cannot enter the cable, or the insulating material, if of an
     2  oily or viscous nature, leak. Where unarmored cables or wires
     3  pass through metal frames or into boxes or motor casings, the
     4  holes shall be substantially bushed with insulating bushings
     5  and, where necessary or required, with gas-tight bushings which
     6  cannot readily become displaced.
     7  Section 311.  Switches, fuses and circuit breakers.
     8     (a)  Construction.--Fuses and automatic circuit breakers
     9  shall be constructed as to effectively interrupt the current on
    10  short circuit or when the current through them exceeds a
    11  predetermined value. Open type fuses shall be provided with
    12  terminals. Circuit breakers shall be of adequate interrupting
    13  capacity.
    14     (b)  Trip setting.--Circuit breakers used to protect feeder
    15  circuits shall be set to trip when the current exceeds by more
    16  than 50% of the rated capacity of the feeder. In case the feeder
    17  is subjected to overloads sufficient to trip the circuit breaker
    18  but of short duration, the circuit breaker may be equipped with
    19  a device which will prevent its acting unless the overload
    20  persists for period longer than ten seconds. Trip current shall
    21  be indicated at the circuit breaker.
    22     (c)  Fuses.--Fuses shall be stamped or marked or shall have a
    23  label attached indicating the maximum current which they are
    24  intended to carry. Fuses shall only be adjusted or replaced by a
    25  competent individual authorized by the mine foreman.
    26     (d)  Protective fuses.--Fuses used to protect feeders shall
    27  be a less current rating than the feeder.
    28     (e)  Incombustible base requirement.--All switches, circuit
    29  breakers and fuses shall have incombustible bases.
    30  Section 312.  Lightning protection.
    20080S0949B2050                 - 145 -    

     1     If the surface transmission lines of low voltage or medium
     2  voltage from the generating station are overhead, there shall be
     3  lightning arrestors installed at the generating station. If the
     4  distance from the generating station to the point where the line
     5  enters the mine is more than 500 feet, an additional arrestor
     6  shall be installed at that point.
     7  Section 313.  Underground power supply.
     8     (a)  Ground detectors.--All underground systems of
     9  distribution that are completely insulated from earth shall be
    10  equipped with properly installed ground detectors of suitable
    11  design which will trip the circuit breaker when a ground fault
    12  is detected. The ground detectors shall be maintained in working
    13  condition.
    14     (b)  Protection of circuits leading underground.--
    15         (1)  In every completely insulated feeder circuit in
    16     excess of 25 kilowatts capacity, leading underground and
    17     operating at a potential not exceeding the limits of medium
    18     voltage, there shall be provided above ground a circuit
    19     breaker arranged to open simultaneously each ungrounded
    20     conductor. In addition, a positive disconnect means shall be
    21     installed outby the circuit breaker. Overload protection
    22     shall be provided to open the circuit breaker in case of
    23     overload on any conductor. Fuses may be substituted for
    24     circuit breakers in circuits transmitting 25 kilowatts or
    25     less. Each power circuit in excess of 50 kilowatts leading
    26     underground shall be provided with a suitable ammeter.
    27         (2)  Every alternating current feeder circuit leading
    28     underground and operating at a potential exceeding the limits
    29     of medium voltage shall be provided above ground with a
    30     suitable circuit breaker. The breaker shall be equipped with
    20080S0949B2050                 - 146 -    

     1     automatic overload trip, arranged to open simultaneously each
     2     ungrounded power-carrying conductor. Each circuit shall also
     3     be provided with a suitable ammeter.
     4     (c)  Cables in shafts, slopes and boreholes.--
     5         (1)  All cables passing underground through inclines,
     6     boreholes and shafts shall be installed in a manner that will
     7     prevent undue strain in the sheath, insulation or conductors
     8     and damage by chafing of cables against each other or against
     9     the borehole casing or shaft. All ungrounded power conductors
    10     in shafts, boreholes and inclines shall be covered with
    11     suitable insulating materials and installed to provide a
    12     minimum tensile factor of safety of five. Conductors shall be
    13     securely fastened and properly supported out of contact with
    14     combustible materials. When the weight, length and
    15     construction of a cable are such that suspension from its
    16     upper end only would subject the cable to possible damage, it
    17     shall be supported at intervals necessary to prevent undue
    18     strains in the sheath, insulation and conductors and to
    19     provide a minimum tensile factor of safety of five. Adequate
    20     protection shall be provided so that no damage can result
    21     from water, electrolysis, moving cages, skips, ice, coal or
    22     other falling or moving materials.
    23         (2)  Installation of direct-current and alternating-
    24     current cables carrying in excess of 25 kilowatts in the same
    25     borehole shall require approval of the department.
    26     (d)  High-voltage underground transmission systems.--High-
    27  voltage conductors or cables leading underground and extending
    28  underground shall be of the flame-resistant type with either a
    29  rubber, plastic or armor sheath meeting the requirements of the
    30  department for flame resistance. When the cable is fed by high-
    20080S0949B2050                 - 147 -    

     1  voltage systems other than that described in this chapter, it
     2  shall be either metallic armored, installed in rigid steel
     3  conduit or buried one foot below combustible material. When
     4  circuit and protective requirements are met, the cable
     5  construction and method of installation may be that described in
     6  this chapter. Cables shall be adequate for the intended current
     7  and voltage. Splices made in cable shall provide continuity of
     8  all components and shall be made in accordance with cable
     9  manufacturers' recommendations. A competent individual
    10  designated by the mine electrician shall supervise the making of
    11  the splices.
    12     (e)  Braid covered cable.--
    13         (1)  No power wires or cables having what is commonly
    14     termed as weatherproof insulation or insulation consisting of
    15     braided covering, which is susceptible to moisture absorption
    16     from the outer surface to the conductor, shall be installed
    17     in a mine.
    18         (2)  All insulated power cables purchased for use in a
    19     mine shall be protected by a flame-resistant jacket and
    20     assigned an approval number unless either armored or
    21     installed in rigid steel conduit, a metal enclosure or a
    22     fireproof room.
    23     (f)  Ventilation.--
    24         (1)  Bare power conductors shall not be installed in an
    25     air current that has passed through or by the first working
    26     place in the air split.
    27         (2)  High-voltage transmission cable, high-voltage motors
    28     and high-voltage transformers shall not be installed in any
    29     air current that has passed through or by the first working
    30     place in the air split.
    20080S0949B2050                 - 148 -    

     1     (g)  Underground cables in haulage roads.--
     2         (1)  Where the cables or feed wires, other than trolley
     3     wires, in main haulage roads cannot be kept at least 12
     4     inches from any part of a mine car or locomotive, they shall
     5     be specially protected by proper guards.
     6         (2)  Cables and wires, except trailing or portable cables
     7     or bare return cables, shall be installed on roofs, ribs,
     8     walls or timbers by means of efficient insulators. All
     9     electric cables constantly kept in rooms or pillars or other
    10     work areas shall be carried on suitable supports to within 70
    11     feet of the face of each work area. In no instance shall the
    12     method of support damage the cable jacket or armor.
    13         (3)  When main or other roads are being repaired or
    14     blasting is being carried on, suitable temporary protection
    15     from damage shall be given to the cables.
    16         (4)  All other wires, except telephone, shot-firing and
    17     signal wires, shall be on the same side of the road as the
    18     trolley wire.
    19         (5)  Haulage block signal circuits and other control
    20     circuits powered from the trolley shall be located on the
    21     same side of the road as the trolley.
    22     (h)  Branch circuit protection.--When the potential of a
    23  branch circuit exceeds the limit of medium voltage, it shall be
    24  protected by a circuit breaker, except as otherwise permitted
    25  under section 331(h). The circuit breaker shall be equipped with
    26  an automatic overload trip arranged to open simultaneously each
    27  ungrounded power carrying conductor. Provisions for positive
    28  disconnection of the branch circuit shall be included.
    29     (i)  Underground transformer and substation rooms.--
    30         (1)  Any motor-generator, rectifier except those
    20080S0949B2050                 - 149 -    

     1     described in subsection (r), rotary converter or oil-filled
     2     transformer installed in a mine shall be enclosed in a
     3     fireproof chamber of masonry or in an effectively grounded
     4     approved steel structure. These buildings shall be provided
     5     with automatically closing fire doors, but the automatic
     6     features of fire doors may be omitted if a substation
     7     attendant is employed. The openings of the doors shall be
     8     safeguarded by grillwork so that only authorized individuals
     9     may enter the room. No electrical equipment containing
    10     inflammable material shall be placed within eight feet of a
    11     door or opening in the underground building. All underground
    12     substations containing rotary machinery shall have an
    13     attendant constantly on duty while rotating machinery is in
    14     operation, unless adequate control and protection of the
    15     equipment is assured by the use of suitable automatic
    16     devices. No transformer, circuit breaker, controller or other
    17     device containing more than 20 gallons of inflammable liquid
    18     shall be placed in any underground substation. A separate
    19     split of air shall adequately ventilate the substation. No
    20     substation shall be built in any mine until the location,
    21     material, construction and method of ventilation for the
    22     substation has received the approval of the department.
    23         (2)  Main and distribution switch and fuse boards shall
    24     be made of incombustible, moisture-resistant, insulating
    25     material and fixed in as dry a situation as practicable or
    26     shall be of suitable metal construction, exposed portions of
    27     which shall be effectively grounded. All switches, circuit
    28     breakers, rheostats, fuses and instruments used in connection
    29     with underground motor-generators, rotary-converters, high-
    30     voltage motors, transformers, and low-voltage and medium-
    20080S0949B2050                 - 150 -    

     1     voltage motors of more than 50 horsepower or 50 KVA capacity
     2     shall be installed upon a suitable switchboard or in a metal-
     3     clad switchgear structure. Similar equipment for low-voltage
     4     and medium-voltage motors of 50 horsepower and less may be
     5     separately installed if mounted upon insulating bases of
     6     suitable material or effectively metal clad.
     7     (j)  Clearances.--
     8         (1)  In underground stations where switchboards are
     9     installed, there shall be a passageway in front of the
    10     switchboard not less than three feet in width, and, if there
    11     are any high-voltage connections at the back of the
    12     switchboard, any passageway behind the switchboard shall not
    13     be less than three feet. The floor at the back of the
    14     switchboard shall be properly floored and insulated with
    15     nonconducting material, accessible from each end. In the case
    16     of high-voltage, switchboards shall be kept locked, but the
    17     lock shall allow the door being opened from the inside
    18     without the use of a key.
    19         (2)  Where the supply is at a voltage exceeding the
    20     limits of medium voltage, there shall be no live metal work
    21     on the front of the main switchboard within seven feet of the
    22     floor or platform, and the space provided under paragraph (1)
    23     shall not be less than four feet. Insulating floors or mats
    24     shall be provided for medium-voltage boards where live metal
    25     work is on the front.
    26     (k)  Transformers.--The primary of each underground power
    27  transformer shall be protected by a suitable circuit breaker
    28  equipped with automatic overload trip arranged to open
    29  simultaneously each ungrounded power conductor. The primary of a
    30  transformer of less than 25 KVA capacity operated at a potential
    20080S0949B2050                 - 151 -    

     1  lower than high voltage may be protected by fuses. When a
     2  transformer is the only load on a branch circuit, the branch
     3  circuit protection can be considered the transformer protection.
     4     (l)  Outgoing feeder protection.--Main circuits leaving
     5  underground substations or transformer stations shall be
     6  protected by circuit breakers.
     7     (m)  Grounding.--All metallic coverings, metal armoring of
     8  cables and the frames and bedplates of generators, transformers
     9  and motors shall be effectively grounded.
    10     (n)  Identification of hazard.--All high-voltage machines and
    11  apparatus shall be marked to clearly indicate that they are
    12  dangerous, by the use of the words "Danger, High Voltage."
    13     (o)  Protection of terminals.--All terminals on machines,
    14  motors or equipment over medium-voltage underground shall be
    15  protected with insulating covers or metal covers effectively
    16  connected to the ground.
    17     (p)  Unauthorized individuals.--No individual, other than one
    18  authorized by the mine foreman or mine electrician, shall enter
    19  a station or transformer room or interfere with the working of
    20  any connected apparatus.
    21     (q)  Fire protection.--Rock dust or fire extinguishers
    22  suitable for extinguishing electrical fires shall be kept ready
    23  for immediate use at electrical stations and transformer rooms.
    24     (r)  Fireproof rectifiers and transformers.--A portable
    25  rectifier with a dry-type transformer, except those using pumped
    26  tubes or glass bulb mercury arc tubes or a dry-type transformer
    27  designed for underground use with adequate automatic electrical
    28  protection and substantially of fireproof construction, fully
    29  metal clad, which will not be in the same location in excess of
    30  one year, may be installed in any intake air current, not beyond
    20080S0949B2050                 - 152 -    

     1  the last open crosscut and not closer than 250 feet along the
     2  air route to pillar workings. The location where the fireproof
     3  rectifier or transformer is installed need not be made fireproof
     4  with masonry or steel, but shall be equipped with doors,
     5  grillwork or otherwise to prevent entry or access by
     6  unauthorized individuals.
     7  Section 314.  Storage battery equipment.
     8     (a)  General rule.--All storage battery equipment and
     9  charging stations shall be designed, operated and ventilated so
    10  that gas from the batteries will be safely diluted. Storage
    11  battery charging stations shall be on a separate split of air.
    12     (b)  Flammable materials.--The presence of flammable
    13  materials is not permitted in any storage battery room or
    14  charging station. Signs to this effect shall be posted in all
    15  battery rooms or charging stations.
    16     (c)  Use in face areas.--Storage battery-operated equipment
    17  may be used in face areas when all electrical parts that are
    18  practicable to enclose are enclosed in explosion-proof casings
    19  and the batteries are adequately ventilated.
    20  Section 315.  (Reserved).
    21  Section 316.  Electrical equipment.
    22     (a)  Voltage restriction.--Hand-held tools shall be
    23  restricted to a maximum of 300 volts.
    24     (b)  Grounding.--The frame of all off-track equipment shall
    25  be effectively grounded through a safety ground conductor in its
    26  trailing cable.
    27     (c)  Hand-held tools.--Electric drills and other electrically
    28  operated rotating tools intended to be hand held shall be
    29  equipped with an integrally mounted electric switch designed to
    30  break the circuit when the hand releases the switch.
    20080S0949B2050                 - 153 -    

     1     (d)  Trailing cables.--
     2         (1)  Trailing cables for equipment shall be safely and
     3     efficiently insulated and constructed with an outer sheath or
     4     jacket of flame-resistant material as approved by the
     5     department.
     6         (2)  Cables for hand-held tools shall be especially
     7     flexible, heavily insulated and effectively protected from
     8     damage.
     9         (3)  Each trailing cable on mobile equipment in use shall
    10     be examined within two hours of PRIOR TO OPERATING THE         <--
    11     EQUIPMENT AT the beginning of each shift by the machine
    12     operator for abrasions and other defects. The machine
    13     operator shall also carefully observe the trailing cable
    14     while in use and shall immediately report any defect to the
    15     mine official in charge.
    16         (4)  In the event of the trailing cable in service
    17     breaking down or becoming damaged in any way, or of it
    18     inflicting a shock upon any individual, it shall be put out
    19     of service at once. The faulty cable shall not be used again
    20     until it has been repaired and tested by a properly
    21     authorized individual.
    22         (5)  The trailing cable shall be divided at the machine
    23     to which it is supplying power, but only for such length as
    24     is necessary for making connection to the machine terminals.
    25     The trailing cable, with its outer covering complete, shall
    26     be securely clamped to the machine frame in a manner that
    27     will protect the cable from injury and prevent any mechanical
    28     strains on the single ends connected to the machine
    29     terminals.
    30         (6)  No more than five temporary splices shall be made in
    20080S0949B2050                 - 154 -    

     1     any trailing cable. After the fifth splice is made, the cable
     2     shall be changed before the machine is operated on the
     3     following shift. Trailing cables on equipment without a cable
     4     reel shall have no temporary splices within 50 feet of the
     5     machine before the machine is operated on the following
     6     shift. Cable jacket repairs not involving conductors or
     7     conductor insulation are not considered temporary splices.
     8         (7)  Trailing cables shall be hung or adequately
     9     protected to prevent them from being run over and damaged by
    10     mobile machinery.
    11         (8)  Trailing cables on off-track equipment shall contain
    12     a safety ground conductor, which shall be solidly connected
    13     to the machine frame. Cables found to contain defective
    14     grounds shall be repaired before use or shall be replaced.
    15     The safety ground conductor shall have a cross-sectional area
    16     of at least 50% of that of a single power conductor unless
    17     used with ground trip protective systems employing ground
    18     fault current limiting devices, in which case a smaller
    19     safety ground may be used.
    20     (e)  Motors.--In all mines electrical equipment in use inby
    21  the last open crosscut shall have all current-carrying parts
    22  completely enclosed in explosion-proof enclosures. This
    23  requirement shall not include trailing cable, except where
    24  terminated, and shall not include flexible cable as required
    25  between motors, controllers, terminal boxes and other
    26  auxiliaries. The enclosures shall not be opened except by an
    27  authorized individual and then only when the power is switched
    28  off. The power shall not be switched on while the enclosures are
    29  open. Only permissible equipment is permitted inby the last
    30  permanent stopping, except in rooms where open-type equipment
    20080S0949B2050                 - 155 -    

     1  may be used only in intake travelways. This exception does not
     2  include power distribution equipment.
     3     (f)  Safeguarding.--The individual in charge of mobile
     4  electrical equipment shall not leave the equipment while it is
     5  working and shall, before leaving the work area, see that power
     6  is cut off the trailing cables.
     7     (g)  Explosion-tested compartments.--All explosion-tested
     8  compartments and packing glands shall be maintained as approved
     9  by the department.
    10     (h)  Detection of gas.--
    11         (1)  In working places, an approved hand-held gas
    12     detection device shall be provided for use with each machine
    13     when working. If methane gas is detected in an amount of 1%
    14     or greater, the individual in charge shall immediately stop
    15     the machine, cut off the current at the nearest switch and
    16     report the matter to a mine official.
    17         (2)  When not in use, equipment shall be parked away from
    18     the face. No electrically operated permissible face equipment
    19     shall be taken inby the last open breakthrough until the
    20     machine operator assures that an inspection for gas has been
    21     made in the place where the machine is to be in operation. If
    22     methane gas is detected in an amount of 1% or greater by a
    23     gas detection device, the machine shall not be taken in. The
    24     place shall be dangered off until the gas has been removed or
    25     rendered harmless.
    26         (3)  No electrically operated equipment shall be in use
    27     for a period longer than 20 minutes without a check for
    28     methane gas as required under this subsection. If methane gas
    29     is found at 1% or greater, the individual in charge shall
    30     immediately stop the machine, cut off the current at the
    20080S0949B2050                 - 156 -    

     1     nearest switch and report the matter to a mine official.
     2         (4)  The individual finding gas shall at once report the
     3     fact to the mine foreman, assistant mine foreman or mine
     4     examiner, and the machine shall not again be started in that
     5     place until the mine examiner or an individual duly
     6     authorized by the mine foreman has examined it and pronounced
     7     it safe.
     8         (5)  If any electric sparking or arc is produced outside
     9     a coal-cutting or other portable motor, or by the cables or
    10     rails, the machine shall be stopped, disconnected from the
    11     power supply and not be worked again until the defect is
    12     repaired and the occurrence shall be reported to a mine
    13     official.
    14     (i)  Methane monitors.--
    15         (1)  Methane monitors shall be installed on all face-
    16     cutting machines and other mechanized equipment used to
    17     extract or load coal in a mine. The sensing device for
    18     methane monitors shall be installed at the return end of the
    19     longwall face. An additional sensing device shall also be
    20     installed on the longwall shearing machine, down wind and as
    21     close to the cutting head as is practicable. The sensing
    22     devices for methane on other types of machines shall be
    23     installed as close to the working face as is practicable.
    24     Methane monitors shall be maintained in permissible and
    25     proper operating conditions and shall be calibrated with a
    26     known air-methane mixture at least once every 31 days. To
    27     assure that methane monitors are properly maintained and
    28     calibrated, the operators shall do all of the following:
    29             (i)  Use individuals properly trained in the
    30         maintenance, calibration and permissibility of methane
    20080S0949B2050                 - 157 -    

     1         monitors to calibrate and maintain the devices.
     2             (ii)  Maintain a record of all calibration tests of
     3         methane monitors. Records shall be maintained in a secure
     4         book that is not susceptible to alteration or
     5         electronically in a computer system so as to be secure
     6         and not subject to alteration.
     7             (iii)  Retain the record of calibration tests for one
     8         year from the date of the test. Records shall be retained
     9         at a surface location at the mine and made available to
    10         department representatives and representatives of the
    11         mine workers.
    12         (2)  When the methane concentrations at any methane
    13     monitor reach 1%, the monitor shall give a warning signal.
    14     The warning signal of the methane monitor shall be visible to
    15     the mining machine operator, who can de-energize electric
    16     equipment or shut down diesel equipment on which the monitor
    17     is mounted. A gas check shall be completed in accordance with
    18     this act if at any time the methane concentrations at any
    19     methane monitor reach 1.5%. This shall only apply if the
    20     methane monitor maintains a warning signal for methane
    21     concentrations of 1.5%.
    22         (3)  The methane monitor shall automatically de-energize
    23     electric equipment or shut down diesel-powered equipment when
    24     the methane accumulation reaches 2% or the methane monitor is
    25     not operating properly.
    26  Section 317.  Inspection of equipment.
    27     (a)  Inspection required.--All electrical equipment shall be
    28  inspected by the mine electrician or individual designated by
    29  the mine electrician weekly and, where necessary, shall be
    30  cleaned and repaired.
    20080S0949B2050                 - 158 -    

     1     (b)  Removal of coal dust.--All electric motors and cables in
     2  mechanical sections shall have all excessive coal dust removed
     3  from their exterior surfaces once each operating shift.
     4  Section 318.  Stationary motors.
     5     Every stationary motor underground, together with its
     6  starting equipment, shall be protected by a fuse or circuit-
     7  breaking device on each ungrounded pole and by switches arranged
     8  to entirely cut off the power from the motor. The devices shall
     9  be installed in a convenient position near the motor, and every
    10  stationary underground motor of 100 brake horsepower or over
    11  shall be provided with a suitable meter to indicate the load on
    12  the machine.
    13  Section 319.  Permanent underground installation.
    14     All electrical equipment not covered elsewhere under this
    15  act, and except room hoists and gathering pumps which will
    16  remain in the same location for a period of one year or more,
    17  shall be completely housed in an incombustible structure built
    18  of tile, brick, stone, concrete or grounded steel plates not
    19  less than one-eighth inch in thickness, securely joined.
    20  Section 320.  Underground illumination.
    21     (a)  Sockets.--In all mines, the sockets of fixed electric
    22  lamps shall be of so-called weatherproof type, the exterior of
    23  which shall be entirely nonmetallic. Flexible lamp cord
    24  connections are prohibited, except for portable lamps as
    25  provided under subsection (c).
    26     (b)  Lamps.--Electric lamps shall be placed so they cannot
    27  come in contact with combustible material.
    28     (c)  Portable electric lamps.--Portable electric lamps, other
    29  than battery lamps, shall not be used in connection with the
    30  repair and inspection of machines and equipment in face areas.
    20080S0949B2050                 - 159 -    

     1  When used elsewhere, they shall be protected by a heavy wire
     2  cage completely enclosing both lamp and socket and shall be
     3  provided with a handle to which both cage and socket are firmly
     4  attached and through which the lead-in wires are carried.
     5     (d)  Electric lamp enclosure.--Electric lamps, when used in
     6  face areas of any mine, shall be installed in explosion-proof
     7  enclosures.
     8     (e)  Electric lamp replacement.--Electric lamps shall be
     9  replaced by a competent individual. In face areas, a qualified
    10  individual shall be utilized after an examination for gas has
    11  been made with an approved gas detection device.
    12     (f)  Underground photography.--Underground photography using
    13  flash bulbs or other sources of artificial illumination shall be
    14  prohibited unless immediately preceded by an examination for gas
    15  by a mine foreman, assistant mine foreman or mine examiner and
    16  the place found safe.
    17  Section 321.  Telephones and signaling.
    18     (a)  Telephone service.--Telephone service or equivalent two-
    19  way communication facilities shall be provided in all mines
    20  between the surface and each working section that is more than
    21  1,500 feet from the main portal.
    22     (b)  Telephone lines.--Telephone lines shall be carried on
    23  insulators, installed on the opposite side from power or trolley
    24  wires and insulated adequately where they cross power or trolley
    25  wires.
    26     (c)  Lightning arrestors.--Lightning arrestors shall be
    27  provided at points where telephone circuits enter the mine.
    28     (d)  Telephone cables.--Telephone cables permanently
    29  installed in power boreholes containing unarmored power cables
    30  shall be either armored or protected at top and bottom by
    20080S0949B2050                 - 160 -    

     1  insulating transformers.
     2     (e)  Precautions.--All proper precautions shall be taken to
     3  prevent electric signal and telephone wires from coming into
     4  contact with other electric conductors, whether insulated or
     5  not.
     6     (f)  Standards generally.--Bells, wires, insulators, contact
     7  makers and other apparatus used in connection with electric
     8  signaling underground shall be of suitable design and of
     9  substantial and reliable construction and erected in such a
    10  manner as to reduce the liability of failures or false signals
    11  to a minimum.
    12     (g)  Potential.--In the face areas of any mine, the potential
    13  used for signal purposes shall not exceed 24 volts, and bare
    14  wires shall not be used for signal circuits.
    15     (h)  Voltage on signal circuits.--The voltage on signal
    16  circuits confined to intake air and using insulated conductors
    17  may be greater than 24 volts, but shall not exceed 125 volts
    18  average. This shall not apply to haulage block signal systems.
    19  Section 322.  Grounding.
    20     (a)  General rule.--In a direct-current electrical system,
    21  grounding shall consist in so connecting any part of an
    22  electrical system, including frames, to the earth that there
    23  shall be no difference of potential between them.
    24     (b)  Negative side to be grounded.--Only the negative side of
    25  the direct-current circuit shall be grounded.
    26     (c)  Rectifier diodes.--Rectifier diodes used at any
    27  bituminous coal mine shall be connected to the supply circuit
    28  through an isolating winding in order that isolation between
    29  alternating current and direct-current systems is effective.
    30     (d)  Initial installation.--The initial installation of
    20080S0949B2050                 - 161 -    

     1  rectifiers at any bituminous coal mine shall be approved by the
     2  department before being energized.
     3  Section 323.  Voltage limitation.
     4     In no case shall the potential used in the trolley system be
     5  higher than 600 volts.
     6  Section 324.  Incoming feeder-disconnect switches.
     7     Disconnecting switches shall be installed underground in all
     8  main direct-current power circuits within 500 feet of the bottom
     9  of shafts, boreholes or at other places where main power
    10  circuits enter a mine.
    11  Section 325.  Bonding.
    12     Where air or water pipes parallel the grounded return of
    13  power circuits, the return shall be securely bonded to the pipes
    14  at frequent intervals to eliminate the possibility of a
    15  difference of voltage between rails and pipes and to prevent
    16  electrolysis of the pipes. The rail return shall be of
    17  sufficient capacity for the current used, independent of the
    18  capacity of the pipes. On main haulage roads, both rails shall
    19  be bonded, except welded track, and cross bonds shall be placed
    20  at points not to exceed 200 feet apart. On secondary haulage
    21  roads, one rail shall be bonded continuously.
    22  Section 326.  Trolley installation.
    23     (a)  Trolley wires and feeder lines.--All trolley wires and
    24  feeder lines installed on underground haulage roads shall be
    25  placed as far to one side of the passageway as is practicable,
    26  but not less than six inches outside of line of rail, and
    27  securely supported upon hangers which shall not be more than 24
    28  feet apart and efficiently insulated.
    29     (b)  Prohibition.--In all mines, trolley and feeder wires
    30  shall not extend beyond the last open crosscut and shall be kept
    20080S0949B2050                 - 162 -    

     1  at least 150 feet from open pillar workings.
     2     (c)  Switches or circuit breakers.--All branch trolley lines
     3  shall be fitted with either a trolley switch, circuit breaker or
     4  section insulator and line switch or some other device that will
     5  allow the current to be shut off from the branch headings.
     6  Switches or circuit breakers shall be provided on haulage roads
     7  to de-energize all trolley and feeder lines at intervals not to
     8  exceed 2,000 feet.
     9  Section 327.  Connections to trolley.
    10     (a)  Permanent connections.--All permanent connections to
    11  trolley feeder circuits shall be made with suitable mechanical
    12  connectors. No temporary or permanent connection shall be
    13  wrapped or tied.
    14     (b)  Temporary connections.--Temporary connections for
    15  portable equipment may be made through fused trolley taps.
    16     (c)  Safety ground and negative connections.--Safety ground
    17  and negative connections for temporary or permanent
    18  installations shall be made at two separate points, at least six
    19  inches apart, and shall be made directly to the track, a bond or
    20  the system ground.
    21  Section 328.  Guarding.
    22     At all landings and partings or other places where
    23  individuals are required to regularly work or pass under trolley
    24  or other bare power wires, which are placed less than six and
    25  one-half feet above top of rail, a suitable protection shall be
    26  provided. This protection shall consist of placing boards along
    27  the wire, which boards shall not be more than five inches apart
    28  nor less than two inches below the lowest point of the wire. The
    29  distance between boards on curves may exceed five inches, but
    30  shall not exceed eight inches. This does not prohibit the use of
    20080S0949B2050                 - 163 -    

     1  other approved devices or methods furnishing equal or better
     2  protection.
     3  Section 329.  Locomotives.
     4     (a)  Electric haulage.--Electric haulage by trolley
     5  locomotive is not permitted except on intake air.
     6     (b)  Certain operation prohibited.--It shall be unlawful to
     7  run or operate a locomotive, fed directly or indirectly from a
     8  trolley wire, by the open entrances to worked out places wherein
     9  the pillars have been drawn or places in which the pillars have
    10  not been drawn but in places where the roof has collapsed.
    11     (c)  Certain use proscribed.--No open-type electric
    12  locomotive or open-type electric machine of whatsoever type
    13  shall be taken into a working place. Main return airways or
    14  passageways shall not be used as haulageways for electric
    15  locomotives operated from a trolley wire.
    16  Section 330.  Outdoor substation.
    17     The outdoor substation shall be built in accordance with
    18  current Institute of Electrical and Electronics Engineers'
    19  standards and department equipment performance specification and
    20  shall include:
    21         (1)  Protective fence or enclosure.
    22         (2)  Primary or incoming line lightning arrestors.
    23         (3)  Positive disconnecting means on the incoming or
    24     primary line with a circuit breaker or fuses to interrupt
    25     safely any current, normal or abnormal, which might be
    26     encountered.
    27         (4)  Transformer bank to convert the incoming or primary
    28     voltage to the transmission voltage. The use of auto-
    29     transformers for this purpose is prohibited. Secondary or
    30     underground transmission voltage shall not exceed 15,000
    20080S0949B2050                 - 164 -    

     1     volts, nominal, phase to phase. The transformer may be
     2     connected delta-wye, wye-delta or delta-delta. Wye-wye
     3     connections shall not be used because of voltage instability
     4     under some conditions of load. In the event that the
     5     secondary winding is delta-connected, the neutral necessary
     6     for the four-wire transmission circuit shall be derived by
     7     the use of a three-phase zig-zag or grounding transformer.
     8     Where grounding transformers are used, they shall be of
     9     sufficient capacity to carry maximum ground fault current
    10     continuously. Should the substation primary or supply voltage
    11     equal the mine transmission voltage, the main transformer
    12     bank may be omitted and the zig-zag transformer used to
    13     derive a system neutral if one is not otherwise available.
    14         (5)  Secondary lightning arrestors.
    15         (6)  Ground fault-current limiting resistor capable of
    16     continuously limiting ground fault current to 25 amperes or
    17     less. The resistor shall be adequately insulated and shall be
    18     protected by a grounded fence or screen unless mounted eight
    19     feet or more above ground.
    20         (7)  Secondary or mine feeder circuit breaker with
    21     interrupting capacity adequate for any possible condition of
    22     fault and no less than the short circuit capacity of the
    23     system supplying power to the breaker. Positive disconnect
    24     means shall be provided on the input and output side of the
    25     breaker. Use of automatic reclosing circuit breakers is
    26     prohibited. Breaker automatic tripping shall be through
    27     protective relays and shall provide, as a minimum, tripping
    28     by undervoltage, instantaneous and inverse time limit phase
    29     overcurrent, ground fault current not exceeding 15 amperes
    30     and ground-continuity check not exceeding seven amperes. The
    20080S0949B2050                 - 165 -    

     1     ground-continuity check circuit shall continuously monitor
     2     the integrity of the neutral circuit leading underground and
     3     shall cause the breaker to open when either the ground or
     4     pilot check wire is broken. An ammeter capable of reading
     5     current in each phase and a voltmeter capable of reading
     6     phase-to-phase voltage shall be provided at the circuit
     7     breaker.
     8         (8)  Surge protection or station ground bed to which
     9     shall be connected all lightning arrestor grounds, substation
    10     equipment frame grounds, fence, if metallic, and substation
    11     structure, if metallic. There shall be no direct connection
    12     between this ground bed and either the grounded side of the
    13     mine direct-current system or the neutral ground bed
    14     described below.
    15         (9)  Neutral or primary ground bed located at least 25
    16     feet away from the station ground at its closest point and to
    17     which shall be connected only the inby or load end of the
    18     neutral current limiting resistor. To prevent current
    19     transformer core saturation by stray direct current return
    20     currents, or neutral conductor damage, there shall be no
    21     direct or metallic connection between any point of the high-
    22     voltage alternating current neutral circuit and the mine
    23     direct-current ground.
    24         (10)  Ground bed resistance shall be measured at least
    25     every six months and appropriate action taken to assure the
    26     maintenance of four ohms or less of ground bed resistance. A
    27     record of these resistance measurements shall be kept in a
    28     book provided for that purpose.
    29  Section 331.  High-voltage underground transmission system.
    30     (a)  Underground.--High-voltage cables leading underground
    20080S0949B2050                 - 166 -    

     1  and extending underground shall be of the multiple conductor
     2  flame-resistant type with a rubber, plastic or armor sheath
     3  meeting the requirements of the department for flame resistance.
     4  They shall be equipped with metallic shields around each power
     5  conductor. One or more ground conductors shall be provided of a
     6  total size either:
     7         (1)  not less than one-half the power conductor size; or
     8         (2)  capable of carrying two times the maximum ground
     9     fault current.
    10  There shall also be provided an insulated conductor not smaller
    11  than No. 10 AWG for the ground-continuity check circuit. Cables
    12  shall be adequate for the intended current and voltage. Splices
    13  made in the cable shall provide continuity of all components and
    14  shall be made in accordance with the cable manufacturers'
    15  recommendations. A competent individual designated by the mine
    16  electrician shall supervise the making of splices.
    17     (b)  Subject to flexing.--High-voltage cables subject to
    18  repeated flexing shall be similar in construction to type SH-D
    19  in accordance with Insulated Power Cable Engineers Association
    20  standard S-19-81.
    21     (c)  Couplers.--If couplers are used, they shall be of the
    22  three-phase type with a full metallic shell and shall be
    23  adequate for the voltage and current expected. All exposed metal
    24  on the couplers shall be grounded to the ground conductor in the
    25  cable. The coupler shall be constructed so that the ground
    26  continuity conductor shall be broken first and the ground
    27  conductor shall be broken last when the coupler is being
    28  uncoupled.
    29     (d)  Equipment passing over or under cable.--At locations
    30  where cables cross haulageways or travelways or where equipment
    20080S0949B2050                 - 167 -    

     1  must pass over or under the cable, the cables shall be either
     2  installed in a trench in the roof, protected by some mechanical
     3  means or buried at least 12 inches below combustible material
     4  and adequately protected from crushing by the weight of
     5  equipment passing over it.
     6     (e)  Location of installation.--High-voltage cables shall be
     7  installed only in intake airways. They may be installed on
     8  intake haulageways only with the approval of the department. The
     9  cable may be installed by hanging on suitable hooks or clamps,
    10  supported by a suitable messenger cable, burying or installing
    11  in metal conduit. When suspended, the distance between supports
    12  shall not exceed 20 feet, and they shall be so placed that they
    13  do not damage the cable jacket. When hung in a haulage entry
    14  containing a trolley wire, the cable shall be installed at least
    15  12 inches from the trolley wire or feeder wires and away from
    16  the track.
    17     (f)  Excess cable.--Any excess cable which is connected and
    18  supplying a load shall be coiled, stored on a reel or otherwise
    19  stored at a place near the load where it can be protected by
    20  dangering off the storage area. The cable shall not exceed 1,000
    21  feet in length.
    22     (g)  Frames and enclosures.--Frames and enclosures of high-
    23  voltage switch units, transformers, metallic cable couplers and
    24  splice boxes shall be grounded to the common or primary ground
    25  for the system in the high-voltage cable.
    26     (h)  Taps or branch circuits.--Taps or branch circuits from
    27  the high-voltage feeder shall be made through circuit breakers
    28  or suitable load break switches.
    29     (i)  Nonload breaking disconnect switches.--When nonload
    30  breaking disconnect switches are used for sectionalizing high-
    20080S0949B2050                 - 168 -    

     1  voltage circuits, they shall be fully metal clad, equipped with
     2  a door interlock to break the ground-continuity check circuit,
     3  thus tripping the feeding breaker when the door is open, and a
     4  voltmeter or indicating lights to verify that the circuit is
     5  deenergized before the disconnected switches are opened.
     6     (j)  Applicability.--For the purpose of interpretation and
     7  compliance with subsection (h) and section 313(h), the following
     8  apply:
     9         (1)  A branch circuit is a subportion of the high-voltage
    10     system, serving one or more loads. The branch circuit begins
    11     at the junction or splitting of the high-voltage system. The
    12     junction consists of the following distinct elements:
    13             (i)  Input feeder, which delivers power from the
    14         source.
    15             (ii)  Output feeder, which may extend the feeder to
    16         other parts of the high-voltage system.
    17             (iii)  Branch circuit.
    18     The output feeder is not considered as a branch circuit and
    19     is not required to have electrical protection at the
    20     junction, but receives electrical protection either at the
    21     source substation or at some place between the source
    22     substation and the junction. The branch circuit is required
    23     to have protection at the junction.
    24         (2)  A tap supplies power to the high-voltage loads
    25     located entirely within the enclosure where the connection is
    26     made. Where no splitting of the feeder cable occurs, neither
    27     a tap nor branch is created.
    28         (3)  A suitable load-break switch, which may be used in
    29     lieu of a circuit breaker, is a gang-operated switch with a
    30     voltage rating not less than the system voltage, capable of
    20080S0949B2050                 - 169 -    

     1     interrupting a current equal to its continuous full load
     2     rating and to be used in conjunction with fuses to provide
     3     overload and short circuit protection for the load being
     4     served.
     5  Section 332.  Load center.
     6     Transmission voltage shall be reduced to machine utilization
     7  voltage by a portable transformer or load center of adequate
     8  capacity for the equipment powered by it. The transformer shall
     9  be of the dry type, ventilated, nonventilated or sealed,
    10  substantially constructed and completely enclosed in a metal
    11  case. The metal enclosure shall be connected to the high-voltage
    12  system ground conductor in the high-voltage cable. Complete load
    13  center construction shall render it essentially fireproof. In
    14  addition to these requirements, the following shall be observed:
    15         (1)  Connection of the high-voltage cable to the load
    16     center shall be made through a cable coupler of the type
    17     described in section 331(c).
    18         (2)  The load center shall be equipped with a positive
    19     disconnect means on the incoming or high-voltage circuit.
    20     This may consist of a circuit breaker, load-break switch,
    21     disconnect switch or other device. The following apply:
    22             (i)  If a circuit breaker is used for this purpose,
    23         it shall be equipped with instantaneous and inverse time
    24         limit phase overcurrent and undervoltage relaying
    25         protection.
    26             (ii)  If a device other than a circuit breaker is
    27         used, it shall be so arranged that it cannot be operated
    28         until the ground continuity check circuit in the high-
    29         voltage cable has opened causing the nearest feeding
    30         circuit breaker to trip.
    20080S0949B2050                 - 170 -    

     1         (3)  The restriction of section 330(4) pertaining to
     2     transformer connections and use of zig-zag grounding
     3     transformers also apply to the load center.
     4         (4)  The transformer secondary neutral, direct or
     5     derived, shall be connected to machine trailing cable safety
     6     ground conductors through a ground current limiting resistor
     7     capable of limiting ground fault current to 25 amperes or
     8     less. The inby side of the resistor shall be grounded to the
     9     load center frame if no DC equipment powered from a common
    10     mine DC system can contact the frames of AC equipment powered
    11     by this load center. In the event there is a possibility of
    12     frame contact between AC equipment and DC equipment supplied
    13     from a common DC mine system, the inby side of the resistor
    14     may be insulated from the load center frame and shall be
    15     solidly connected to the DC ground system.
    16         (5)  The load center shall be equipped with a main
    17     secondary breaker of adequate interrupting capacity with
    18     tripping devices which shall feed individual machine breakers
    19     located either in the load center or external to it in a
    20     separate distribution center. External utilization voltage
    21     connections shall be made through receptacles arranged so
    22     that they cannot be uncoupled under load.
    23         (6)  Load centers shall be located on intake air only.
    24     Load centers shall not be located beyond the last open
    25     crosscut or located closer than 250 feet along the air route
    26     to pillar workings.
    27  Section 333.  Distribution centers.
    28     (a)  General rule.--Distribution centers may be used to
    29  distribute utilization power to portable equipment. The
    30  distribution center may be connected to the load center through
    20080S0949B2050                 - 171 -    

     1  one or more cables or conductors protected by flame-resistant
     2  jackets with combined capacity sufficient to carry the maximum
     3  loads that may be encountered. The distribution center shall
     4  contain breakers adequate to interrupt any fault current that
     5  might occur, which shall feed each unit of equipment that is
     6  connected to the distribution center. Each breaker shall be
     7  equipped with tripping devices that will function, on overload,
     8  phase fault and ground fault. Distribution centers shall be
     9  located on intake air only, and shall not be located beyond the
    10  last open crosscut or closer than 150 feet from pillar workings
    11  unless the distribution center shall have an approved explosion-
    12  proof enclosure.
    13     (b)  Cables.--Utilization voltage cables shall be fitted with
    14  plug couplers and provision made so that cables cannot be
    15  uncoupled under load. All plugs and sockets shall be
    16  substantially constructed, and any exposed metal portions shall
    17  be grounded. Couplers shall be constructed so that the ground
    18  conductor connection is broken last during uncoupling.
    19     (c)  Ground conductors.--Utilization voltage conductors,
    20  cables or conductor groups shall contain one or more ground
    21  conductors which when combined shall be able to carry safely and
    22  continuously at least twice the maximum ground fault current.
    23     (d)  Option.--A combined alternating and direct-current
    24  distribution or load center complete within a substantially
    25  fireproof metal enclosure, with a dry type transformer and solid
    26  state rectifier and adequate automatic electrical protection,
    27  may be used to distribute alternating and direct current
    28  utilization power. The power supply to this unit may be low,
    29  medium or high voltage. When high voltage is utilized, the
    30  requirements of section 332 shall apply. When medium or low
    20080S0949B2050                 - 172 -    

     1  voltage is utilized, this section shall apply. However, when an
     2  external DC distribution device is employed, the rectifier
     3  output may be taken through a main DC circuit breaker to that
     4  device without the use of a plug and receptacle system.
     5  Section 334.  Mandatory safety components of electrical
     6                 equipment.
     7     (a)  Requirement.--Low-voltage, medium-voltage and high-
     8  voltage resistance ground systems shall have ground wire
     9  monitors to continuously monitor the continuity of the grounding
    10  circuits to the equipment affected, except for:
    11         (1)  Low-voltage and medium-voltage circuits supplying
    12     power to longwall illumination systems.
    13         (2)  Low-voltage and medium-voltage stationary equipment
    14     installed in accordance with all of the following:
    15             (i)  The equipment is permanently installed at a
    16         fixed location.
    17             (ii)  All load components are securely attached to a
    18         common metallic frame or structure.
    19             (iii)  Each component of the equipment is grounded by
    20         two independent equipment safety grounding, each sized
    21         appropriately.
    22             (iv)  At least one of the equipment safety ground
    23         conductors to each component is visible for its entire
    24         length. High-voltage resistance grounded systems shall
    25         have ground wire monitors to continuously monitor the
    26         continuity of the grounding circuits. All ground wire
    27         monitors shall be designed and constructed to be
    28         failsafe.
    29     (b)  Study.--The mining industry shall initiate a study to
    30  enhance the safety of underground direct-current machine cables.
    20080S0949B2050                 - 173 -    

     1  The program shall include an evaluation of ground wire monitors
     2  for use on all direct-current equipment. The program shall
     3  include laboratory and underground testing. The test results
     4  shall be documented and presented to the Board of Coal Mine
     5  Safety no later than 365 days after the effective date of this
     6  act for action by the board.
     7     (c)  Additional study.--The mining industry shall initiate a
     8  study to enhance the safety of underground cables. The program
     9  shall include an evaluation of metallic shielded cable,
    10  nonmetallic shielded cable and more sensitive ground fault
    11  limiting and detection. The program shall include laboratory and
    12  underground testing. The results shall be documented and
    13  presented to the Board of Coal Mine Safety no later than 365
    14  days after the effective date of this act for action by the
    15  board.
    16     (d)  Plugs.--If plugs are used on any cable in a mine, the
    17  plugs must be interlocked.
    18  Section 335.  High-voltage longwalls.
    19     Sections 336 through 344 are electrical safety standards that
    20  apply to high-voltage longwall circuits and equipment. All other
    21  standards established under this act also apply to longwall
    22  circuits and equipment when appropriate. The department shall
    23  consider existing Federal interpretations of comparable
    24  standards when implementing and enforcing these requirements.
    25  Section 336.  Longwall electrical protection.
    26     (a)  High-voltage circuits.--High-voltage circuits must be
    27  protected against short circuits, overloads, ground faults and
    28  undervoltages by circuit-interrupting devices of adequate
    29  interrupting capacity as follows:
    30         (1)  Current settings of short-circuit protective devices
    20080S0949B2050                 - 174 -    

     1     must not exceed the setting specified in approval
     2     documentation or 75% of the minimum available phase-to-phase
     3     short-circuit current, whichever is less.
     4         (2)  Time-delay settings of short-circuit protective
     5     devices used to protect any cable extending from the section
     6     power center to a motor-starter enclosure must not exceed the
     7     settings specified in approval documentation or one-quarter
     8     second, whichever is less. Time-delay settings of short-
     9     circuit protective devices used to protect motor and shearer
    10     circuits must not exceed the settings specified in approval
    11     documentation or three cycles, whichever is less.
    12         (3)  Ground-fault currents must be limited by a neutral
    13     grounding resistor to not more than:
    14             (i)  six and one-half amperes when the nominal
    15         voltage of the power circuit is 2,400 volts or less; or
    16             (ii)  three and three-quarters of an ampere when the
    17         nominal voltage of the power circuit exceeds 2,400 volts.
    18         (4)  High-voltage circuits extending from the section
    19     power center must be provided with all of the following:
    20             (i)  Ground-fault protection set to cause de-
    21         energization at not more than 40% of the current rating
    22         of the neutral grounding resistor.
    23             (ii)  A backup ground-fault detection device to cause
    24         de-energization when a ground fault occurs with the
    25         neutral grounding resistor open.
    26             (iii)  Thermal protection for the grounding resistor
    27         that will de-energize the longwall power center if the
    28         resistor is subjected to a sustained ground fault. The
    29         thermal protection must operate at either 50% of the
    30         maximum temperature rise of the grounding resistor or 150
    20080S0949B2050                 - 175 -    

     1         Centigrade or 302 Fahrenheit, whichever is less, and must
     2         open the ground-wire monitor circuit for the high-voltage
     3         circuit supplying the section power center. The thermal
     4         protection must not be dependent upon control power and
     5         may consist of a current transformer and overcurrent
     6         relay.
     7         (5)  High-voltage motor and shearer circuits must be
     8     provided with instantaneous ground-fault protection set at
     9     not more than 0.125 of an ampere.
    10         (6)  Time-delay settings of ground-fault protective
    11     devices used to provide coordination with the instantaneous
    12     ground-fault protection of motor and shearer circuits shall
    13     not exceed one-quarter second.
    14         (7)  Undervoltage protection shall be provided by a
    15     device which operates on low voltage to cause and maintain
    16     the interruption of power to a circuit to prevent automatic
    17     restarting of the equipment.
    18     (b)  Current transformers.--Current transformers used for the
    19  ground-fault protection specified in subsection (a)(1), (4)(i)
    20  and (5) must be single window type and must be installed to
    21  encircle all three-phase conductors. Equipment safety grounding
    22  conductors must not pass through or be connected in series with
    23  ground-fault current transformers.
    24     (c)  Test circuit.--Each ground-fault current device
    25  specified in subsection (a)(4)(i) and (5) must be provided with
    26  a test circuit that will inject a primary current of 50% or less
    27  of the current rating of the grounding resistor through the
    28  current transformer and cause each corresponding circuit-
    29  interrupting device to open.
    30     (d)  Prohibition.--Circuit-interrupting devices shall not
    20080S0949B2050                 - 176 -    

     1  reclose automatically.
     2     (e)  Multiple cables.--Where two or more high-voltage cables
     3  are used to supply power to a common bus in a high-voltage
     4  enclosure, each cable must be provided with ground wire
     5  monitoring. The ground wire monitoring circuits must cause de-
     6  energization of each cable when either the ground monitor or
     7  grounding conductor of any cable becomes severed or open. On or
     8  after the effective date of this section, parallel-connected
     9  cables on newly installed longwalls must be protected as
    10  follows:
    11         (1)  when one circuit-interrupting device is used to
    12     protect parallel-connected cables, the circuit-interrupting
    13     device must be electrically interlocked with the cables so
    14     that the device will open when any cable is disconnected; or
    15         (2)  when two or more parallel circuit-interrupting
    16     devices are used to protect parallel-connected cables, the
    17     circuit-interrupting devices must be mechanically and
    18     electrically interlocked. Mechanical interlocking shall cause
    19     all devices to open simultaneously and electrical
    20     interlocking shall cause all devices to open when any cable
    21     is disconnected.
    22  Section 337.  Longwall disconnect switches.
    23     (a)  Section power center.--The section power center must be
    24  equipped with a main disconnecting device installed to de-
    25  energize all cables extending to longwall equipment when the
    26  device is in the open position.
    27     (b)  Maintenance.--Disconnecting devices for motor-starter
    28  enclosures must be maintained in accordance with the
    29  department's approval. The compartment for the disconnect device
    30  must be provided with a caution label to warn miners against
    20080S0949B2050                 - 177 -    

     1  entering the compartment before de-energizing the incoming high-
     2  voltage circuits to the compartment.
     3     (c)  Rating.--Disconnecting devices must be rated for the
     4  maximum phase-to-phase voltage of the circuit in which they are
     5  installed and for the full load current of the circuit that is
     6  supplied power through the device.
     7     (d)  Installation.--Each disconnecting device must be
     8  designed and installed so that:
     9         (1)  Visual observation determines that the contacts are
    10     open without removing any cover.
    11         (2)  All load power conductors can be grounded when the
    12     device is in the open position.
    13         (3)  The device can be locked in the open position.
    14     (e)  Capability.--Disconnecting devices, except those
    15  installed in explosion-proof enclosures, shall be capable of
    16  interrupting the full load current of the circuit or designed
    17  and installed to cause the current to be interrupted
    18  automatically prior to the opening of the contacts of the
    19  device. Disconnecting devices installed in explosion-proof
    20  enclosures shall be maintained in accordance with the
    21  department's approval.
    22  Section 338.  Guarding of longwall cables.
    23     (a)  High-voltage cables.--High-voltage cables shall be
    24  guarded at the following locations:
    25         (1)  Where individuals regularly work or travel over or
    26     under the cables.
    27         (2)  Where the cables leave cable handling or support
    28     systems to extend to electric components.
    29     (b)  Intent and design of guarding.--Guarding shall minimize
    30  the possibility of miners contacting the cables and protect the
    20080S0949B2050                 - 178 -    

     1  cables from damage. The guarding shall be made of grounded metal
     2  or nonconductive flame-resistant material.
     3  Section 339.  Longwall cable-handling and support systems.
     4     Longwall mining equipment shall be provided with cable-
     5  handling and support systems that are constructed, installed and
     6  maintained to minimize the possibility of miners contacting the
     7  cables and to protect the high-voltage cables from damage.
     8  Section 340.  Use of longwall insulated cable handling
     9                 equipment.
    10     (a)  General rule.--Energized high-voltage cables shall not
    11  be handled except when motor or shearer cables need to be
    12  trained. When cables need to be trained, high-voltage insulated
    13  gloves, mitts, hooks, tongs, slings, aprons or other personal
    14  protective equipment capable of providing protection against
    15  shock hazard shall be used to prevent direct contact with the
    16  cable.
    17     (b)  Standards, examinations, testing and replacement.--High-
    18  voltage insulated gloves, sleeves and other insulated personal
    19  protective equipment shall:
    20         (1)  have a voltage rating of at least Class 1, 7,500
    21     volts, that meets or exceeds ASTM F496-97, Standard
    22     Specification for In-Service Care of Insulating Gloves and
    23     Sleeves (1997);
    24         (2)  be examined before each use for visible signs of
    25     damage;
    26         (3)  be removed from the underground area of the mine or
    27     destroyed when damaged or defective; and
    28         (4)  be electrically tested every six months.
    29  Section 341.  Maintenance.
    30     Compartment separation and cover interlock switches for
    20080S0949B2050                 - 179 -    

     1  motor-starter enclosures shall be maintained in accordance with
     2  section 342.
     3  Section 342.  High-voltage longwall mining systems.
     4     (a)  General rule.--In each high-voltage motor-starter
     5  enclosure, with the exception of a controller on a high-voltage
     6  shearer, the disconnect device compartment,
     7  control/communications compartment and motor contactor
     8  compartment shall be separated by barriers or partitions to
     9  prevent exposure of personnel to energized high-voltage
    10  conductors or parts. Barriers or partitions shall be constructed
    11  of grounded metal or nonconductive insulating board.
    12     (a.1)  High-voltage shearers.--In each motor-starter
    13  enclosure on a high-voltage shearer, the high-voltage components
    14  shall be separated from lower voltage components by barriers or
    15  partitions to prevent exposure of personnel to energized high-
    16  voltage conductors or parts. Barriers or partitions shall be
    17  constructed of grounded metal or nonconductive insulating board.
    18     (b)  Interlock switches.--Each cover of a compartment in the
    19  high-voltage motor-starter enclosure containing high-voltage
    20  components shall be equipped with at least two interlock
    21  switches arranged to automatically de-energize the high-voltage
    22  components within that compartment when the cover is removed.
    23     (c)  Circuit-interrupting devices.--Circuit-interrupting
    24  devices shall be designed and installed to prevent automatic
    25  reclosure.
    26     (d)  Transformers.--Transformers with high-voltage primary
    27  windings that supply control voltages shall incorporate grounded
    28  electrostatic (Faraday) shielding between the primary and
    29  secondary windings. The shielding shall be connected to the
    30  equipment ground by a minimum No. 12 AWG grounding conductor.
    20080S0949B2050                 - 180 -    

     1  The secondary nominal voltage shall not exceed 120 volts, line
     2  to line.
     3     (e)  Test circuits.--Test circuits shall be provided for
     4  checking the condition of ground wire monitors and ground-fault
     5  protection without exposing personnel to energized circuits.
     6  Each ground-test circuit shall inject a primary current of 50%
     7  or less of the current rating of the grounding resistor through
     8  the current transformer and cause each corresponding circuit-
     9  interrupting device to open.
    10     (f)  Disconnect devices.--Each motor-starter enclosure, with
    11  the exception of a controller on a high-voltage shearer, shall
    12  be equipped with a disconnect device installed to de-energize
    13  all high-voltage power conductors extending from the enclosure
    14  when the device is in the open position.
    15         (1)  When multiple disconnect devices located in the same
    16     enclosure are used to satisfy the requirement of this
    17     subsection, they shall be mechanically connected to provide
    18     simultaneous operation by one handle.
    19         (2)  The disconnect device shall be rated for the maximum
    20     phase-to-phase voltage and the full-load current of the
    21     circuit in which it is located and installed so that:
    22             (i)  visual observation determines that the contacts
    23         are open without removing any cover;
    24             (ii)  the load-side power conductors are grounded
    25         when the device is in the open position;
    26             (iii)  the device can be locked in the open position;
    27             (iv)  when located in an explosion-proof enclosure,
    28         the device shall be designed and installed to cause the
    29         current to be interrupted automatically prior to the
    30         opening of the contacts; and
    20080S0949B2050                 - 181 -    

     1             (v)  when located in a nonexplosion-proof enclosure,
     2         the device shall be designed and installed to cause the
     3         current to be interrupted automatically prior to the
     4         opening of the contacts, or the device shall be capable
     5         of interrupting the full-load current of the circuit.
     6     (g)  Starters to be interlocked.--Control circuits for the
     7  high-voltage motor starters shall be interlocked with the
     8  disconnect device so that:
     9         (1)  The control circuit can be operated with an
    10     auxiliary switch in the test position only when the
    11     disconnect device is in the open and grounded position.
    12         (2)  The control circuit can be operated with the
    13     auxiliary switch in the normal position only when the
    14     disconnect switch is in the closed position.
    15     (h)  Determination of minimum available fault current.--A
    16  study to determine the minimum available fault current shall be
    17  submitted to the department to ensure adequate protection for
    18  the length and conductor size of the longwall motor, shearer and
    19  trailing cables.
    20     (i)  Shielded construction of certain cables.--Longwall motor
    21  and shearer cables with nominal voltages greater than 660 volts
    22  shall be made of a shielded construction with a grounded
    23  metallic shield around each power conductor.
    24     (j)  Instantaneous ground fault protection.--High-voltage
    25  motor and shearer circuits shall be provided with instantaneous
    26  ground fault protection of not more than 0.125 of an ampere.
    27  Current transformers used for this protection shall be of the
    28  single window type and shall be installed to encircle all three-
    29  phase conductors.
    30  Section 343.  Longwall electrical work.
    20080S0949B2050                 - 182 -    

     1     (a)  Qualified workers.--Electrical work on all circuits and
     2  equipment associated with high-voltage longwalls shall be
     3  performed by MSHA-qualified persons.
     4     (b)  Procedures for work on circuits and equipment.--Except
     5  for troubleshooting and testing of energized circuits and
     6  equipment as provided under subsection (d), prior to performing
     7  electrical work a qualified individual shall do the following:
     8         (1)  De-energize the circuit or equipment with a circuit-
     9     interrupting device.
    10         (2)  Open the circuit-disconnecting device. On high-
    11     voltage circuits, ground the power conductors until work on
    12     the circuit is completed.
    13         (3)  Lock out the disconnecting device with a padlock.
    14     When more than one qualified individual is performing work,
    15     each individual shall install an individual padlock.
    16         (4)  Tag the disconnecting device to identify each
    17     individual working and the circuit or equipment on which work
    18     is being performed.
    19     (c)  Restrictions relating to low-voltage, medium-voltage or
    20  high-voltage distribution circuits or equipment.--No electrical
    21  work shall be performed on low-voltage, medium-voltage or high-
    22  voltage distribution circuits or equipment, except by a
    23  qualified individual or an individual trained to perform
    24  electrical work and to maintain electrical equipment under the
    25  direct supervision of a qualified individual. Disconnecting
    26  devices shall be locked out and suitably tagged by the
    27  individuals who perform the work, except that in cases where
    28  locking out is not possible, the devices shall be opened and
    29  suitably tagged by individuals performing the work. Locks or
    30  tags shall be removed only by the individuals who installed them
    20080S0949B2050                 - 183 -    

     1  or, if such individuals are unavailable, by individuals
     2  authorized by the operator or his agent.
     3     (d)  Troubleshooting and testing of energized circuits.--
     4  Troubleshooting and testing of energized circuits must be
     5  performed only:
     6         (1)  On low-voltage and medium-voltage circuits.
     7         (2)  When the purpose of troubleshooting and testing is
     8     to determine voltages and currents.
     9         (3)  By an individual qualified to perform electrical
    10     work and who wears protective gloves. Rubber-insulating
    11     gloves shall be rated at least for the nominal voltage of the
    12     circuit when the voltage of the circuit exceeds 120 volts
    13     nominal and is not intrinsically safe.
    14     (e)  Troubleshooting and testing of multiple voltage
    15  circuits.--Before troubleshooting and testing a low-voltage or
    16  medium-voltage circuit contained in a compartment with a high-
    17  voltage circuit, the high-voltage circuit must be de-energized,
    18  disconnected, grounded, locked out and tagged in accordance with
    19  subsection (b).
    20     (f)  Conveyor belt structures.--Prior to the installation or
    21  removal of a conveyor belt structure, high-voltage cables
    22  extending from the section power center to the longwall
    23  equipment and located in the belt entries shall be:
    24         (1)  deenergized; or
    25         (2)  guarded in accordance with section 338, at the
    26     location where the belt structure is being installed or
    27     removed.
    28  Section 344.  Testing, examination and maintenance of longwall
    29                 equipment.
    30     (a)  Equipment subject to seven-day inspection schedule.--At
    20080S0949B2050                 - 184 -    

     1  least once every seven days, a MSHA-qualified individual shall
     2  test and examine each unit of high-voltage longwall equipment
     3  and circuits to determine that electrical protection, equipment
     4  grounding, permissibility cable insulation and control devices
     5  are being properly maintained to prevent fire, electrical shock,
     6  ignition or operational hazards from existing on the equipment.
     7  Tests shall include activating the ground-fault test circuit.
     8     (b)  Equipment subject to 30-day inspection schedule.--Each
     9  ground-wire monitor and associated circuits shall be examined
    10  and tested at least once every 30 days to verify proper
    11  operation and to verify that it will cause the corresponding
    12  circuit-interrupting device to open.
    13     (c)  Removal or repair of equipment.--When examinations or
    14  tests of equipment reveal a fire, electrical shock, ignition or
    15  operational hazard, the equipment must be removed from service
    16  immediately or repaired immediately.
    17     (d)  Certifications and records.--At the completion of
    18  examinations and tests required by this section, the individual
    19  who makes the examinations and tests shall certify by signature
    20  and date that they have been conducted. A record shall be made
    21  of any unsafe condition found and any corrective action taken.
    22  Certifications and records shall be kept for at least one year
    23  and shall be made available for inspection by authorized
    24  representatives of the department and representatives of miners.
    25  Section 345.  (Reserved).
    26  Section 346.  (Reserved).
    27  Section 347.  (Reserved).
    28  Section 348.  (Reserved).
    29  Section 349.  (Reserved).
    30  Section 350.  Equipment approvals.
    20080S0949B2050                 - 185 -    

     1     (a)  Departmental discretion.--The department may require the
     2  approval of all underground equipment, surface substations
     3  feeding power underground, fans and personnel conveyances
     4  (elevators, man hoists and escape capsules) connected to an
     5  underground mine. All elevators at the time of installation
     6  shall meet the criteria established in the current American
     7  Society of Mechanical Engineers A17.1 Code, pertaining to
     8  special application elevators, mine elevators, connected to an
     9  underground mine. The equipment shall be grouped as follows for
    10  the purposes of approval:
    11         (1)  Bituminous face equipment (BFE) - permissible
    12     equipment.
    13         (2)  Bituminous open type equipment (BOTE) - non-
    14     permissible equipment.
    15         (3)  Bituminous power distribution equipment (BPDE) -
    16     nonpermissible power equipment.
    17         (4)  Surface installations:
    18             (i)   Mine power substations (MM-S).
    19             (ii)   Fans I (MM-F).
    20             (iii)  Personnel conveyances (MM-P).
    21         (5)   Minewide monitoring systems (MWMS).
    22     (b)  Limitation of approvals.--The approvals under subsection
    23  (a) are specifically limited by the provision that permissible
    24  equipment approved by the MSHA Approval and Certification Center
    25  that is not in conflict with and which meets the requirements of
    26  this act shall be deemed to be approved by the department.
    27     (c)  Procedures for approval.--The procedures for approval of
    28  underground and surface equipment are as follows:
    29         (1)  Approvals shall be limited to electrical systems,
    30     safety systems required by this act and specifications
    20080S0949B2050                 - 186 -    

     1     developed by the task force established by the parties and
     2     provided for under subsection (d).
     3         (2)  Newly purchased permissible equipment shall be
     4     constructed in a fashion as to provide accessibility for
     5     inspection of permissible components.
     6         (3)  The evaluation to determine whether the equipment
     7     should be approved shall be based strictly on the specific
     8     criteria set forth in this act and the performance
     9     specifications under subsection (d). In the absence of
    10     performance specifications for equipment or specific
    11     provisions of this act addressing such equipment; and if the
    12     department considers that the equipment as designed or built
    13     poses an unacceptable risk to the health or safety of miners,
    14     the following procedure shall be applied:
    15             (i)  The department, in a written report, shall
    16         specify the unacceptable risk, based upon objective
    17         ascertainable data and criteria approved by a nationally
    18         recognized standards organization.
    19             (ii)  The department shall convene a task force to
    20         develop specifications for the equipment in an expedited
    21         fashion.
    22             (iii)  If the task force is unable to develop
    23         applicable performance standards within 75 days, the
    24         department may continue to withhold approval based upon
    25         noncompliance with a mandatory safety standard of a
    26         nationally recognized standards organization that has
    27         been shown to be appropriate for mining.
    28         (4)  For new equipment, the prototype of which has not
    29     been previously approved, a manufacturer or operator shall
    30     submit to the department an application requesting approval.
    20080S0949B2050                 - 187 -    

     1     The request for approval shall include four schematics, a
     2     description and any other pertinent information for the
     3     equipment.
     4         (5)  The application under paragraph (4) shall be
     5     reviewed within 15 working days after receipt. Within the 15-
     6     day period the department shall communicate verbally and in
     7     writing to the applicant all discrepancies between the
     8     application and the equipment performance specifications. If
     9     the department does not communicate to the applicant within
    10     the 15 days as described in this paragraph, the application
    11     shall be deemed approved. If the applicant submits additional
    12     schematics or information, the department shall have an
    13     additional 15 days to communicate to the applicant concerning
    14     such additional schematics or information.
    15         (6)  When the application review under paragraph (5) is
    16     complete, an inspector shall be assigned to evaluate the
    17     equipment and the operator or manufacturer notified of that
    18     assignment. The equipment inspection shall be scheduled
    19     within 20 working days of the departmental inspector being
    20     notified. If the inspector gets to the inspection site and
    21     the equipment is not in conformance with the specific
    22     criteria set forth in this act and the performance
    23     specifications described in this section, the time frame
    24     shall stop. When the equipment has been modified to conform
    25     with the specific criteria set forth in this act and the
    26     performance specifications, the operator shall notify the
    27     department for a reinspection, and the department shall
    28     schedule the reinspection within ten working days. If the
    29     equipment is in conformance with the specific criteria set
    30     out in this act and the performance specifications described
    20080S0949B2050                 - 188 -    

     1     in this section, but the schematics are not, the equipment
     2     can be used, but the operator or manufacturer shall have ten
     3     working days to resubmit the corrected schematics or the
     4     equipment shall be taken out of service.
     5         (7)  For previously approved equipment that an operator
     6     proposes to modify, the approval procedure established for
     7     new equipment that has not been previously approved is to be
     8     applicable. The approval process shall address only the
     9     modification that has been made and shall not require changes
    10     to the components of the equipment that were initially
    11     approved. For the purpose of this paragraph, modification
    12     shall not include changes to equipment in which components
    13     are changed and replaced with components that provide
    14     equivalent protection. Modifications subject to approval
    15     shall include only those changes to equipment which affect
    16     whether the equipment still satisfies the applicable
    17     performance specifications described in this section or set
    18     out specifically in this act.
    19         (8)  Approved equipment and repaired equipment that has
    20     not been modified are outside the scope of the approval
    21     process and shall be handled under the mine inspection
    22     program of the department.
    23         (9)  Any direction to take corrective action shall be in
    24     writing and shall specify the provisions of this act or the
    25     performance specifications upon which the department relies.
    26         (10)  The department has the right to inspect equipment
    27     to determine that it is in compliance with applicable
    28     requirements of this act and the equipment performance
    29     specifications. The inspections shall be performed in the
    30     normal course of inspecting the mine and shall, to the extent
    20080S0949B2050                 - 189 -    

     1     feasible, minimize the disruption of production.
     2         (11)  New or rebuilt equipment that has been approved,
     3     but has not been inspected by an approval inspector, shall be
     4     inspected by a mine electrical inspector. The operator shall
     5     give reasonable notice to the mine electrical inspector for
     6     an inspection prior to the equipment entering the mine. The
     7     inspection shall be performed in the normal course of
     8     inspecting the mine and shall, to the extent feasible,
     9     minimize the disruption of production.
    10     (d)  Written criteria for equipment performance
    11  specifications.--A task force shall be established to develop
    12  written criteria for equipment performance specifications.
    13         (1)  The task force shall be comprised of equal numbers
    14     of representatives, not less than two nor more than four,
    15     selected by the department and the major trade association
    16     representing coal operators in this Commonwealth. Final
    17     consensus on performance specifications shall be determined
    18     by a majority of the task force.
    19         (2)  The task force shall develop performance
    20     specifications for approval of equipment and reserves the
    21     right, for just cause, to add or delete from the developed
    22     equipment performance specifications.
    23         (3)  All equipment performance specifications approved
    24     pursuant to the stipulation of settlement shall remain in
    25     effect unless and until they are modified, suspended or
    26     revoked by this act, regulations promulgated under this act
    27     or the equipment performance specifications task force.
    28     (e)  Definitions.--As used in this section, the following
    29  words and phrases shall have the meanings given to them in this
    30  subsection:
    20080S0949B2050                 - 190 -    

     1     "Permissible equipment."  As applied to electric face
     2  equipment, all electrically operated equipment taken into or
     3  used in or by the last open crosscut of an entry or a room of
     4  any coal mine the electrical parts of which equipment,
     5  including, but not limited to, associated electrical equipment,
     6  components and accessories, are designed, constructed and
     7  installed in accordance with the specifications of MSHA to
     8  assure that the equipment will not cause a mine explosion or
     9  mine fire, and the other features of which are designed and
    10  constructed, in accordance with the specifications of the
    11  Department of Environmental Protection, to prevent, to the
    12  greatest extent possible, other accidents in the use of the
    13  equipment.
    14                             CHAPTER 4
    15                      DIESEL-POWERED EQUIPMENT
    16  Section 401.  Underground use.
    17     (a)  General rule.--Underground use of inby and outby diesel-
    18  powered equipment, including mobile equipment, stationary
    19  equipment and equipment of all horsepower ratings, shall only be
    20  approved, operated and maintained as provided under this
    21  chapter, except for emergency fire-fighting equipment to be used
    22  specifically for that purpose.
    23     (b)  Required attendant.--All diesel-powered equipment shall
    24  be attended while in operation with the engine running in
    25  underground mines. For purposes of this subsection, "attended"
    26  shall mean an equipment operator is within sight or sound of the
    27  diesel-powered equipment.
    28     (c)  Required certifications or approvals.--Inby and outby
    29  diesel-powered equipment may be used in underground mines if the
    30  inby or outby diesel-powered equipment uses an engine approved
    20080S0949B2050                 - 191 -    

     1  or certified by MSHA, as applicable, for inby or outby use that,
     2  when tested at the maximum fuel-air ratio, does not require a
     3  MSHA Part 7 approval plate ventilation rate exceeding 75 c.f.m.
     4  per rated horsepower. If MSHA promulgates new regulations that
     5  change the MSHA Part 7 approval plate ventilation rate, the
     6  c.f.m. requirement per rated horsepower shall be revised either
     7  up or down on a direct ratio basis upon recommendation of the
     8  technical advisory committee in accordance with section 424.
     9  Section 402.  Diesel-powered equipment package.
    10     (a)  Approval.--All diesel-powered equipment shall be
    11  approved by the department as a complete diesel-powered
    12  equipment package which shall be subject to all of the
    13  requirements, standards and procedures set forth under this
    14  chapter.
    15     (b)  Diesel engine approval.--Diesel engines shall be
    16  certified or approved, as applicable, by MSHA and maintained in
    17  accordance with MSHA certification or approval and approval by
    18  the department.
    19  Section 403.  Exhaust emissions control.
    20     (a)  Exhaust emissions control systems.--
    21         (1)  Except as provided in paragraph (3), underground
    22     diesel-powered equipment shall include an exhaust emissions
    23     control and conditioning system that has been laboratory
    24     tested with the diesel engine using the ISO 8178-1 test and
    25     has resulted in diesel particulate matter emissions that do
    26     not exceed an average concentration of 0.12 mg/m3 when
    27     diluted by 100% of the MSHA Part 7 approval plate ventilation
    28     rate for that diesel engine. If MSHA promulgates new
    29     regulations that change the MSHA Part 7 approval plate
    30     ventilation rate, the dilution percentage relative to the
    20080S0949B2050                 - 192 -    

     1     approval plate ventilation rate shall be adjusted either up
     2     or down on a direct ratio basis upon recommendation of the
     3     technical advisory committee in accordance with section 424.
     4         (2)  Except as provided in paragraph (3), the exhaust
     5     emissions control and conditioning system shall be required
     6     to successfully complete a single series of laboratory tests
     7     for each diesel engine, conducted at a laboratory accepted by
     8     the department.
     9         (3)  An exhaust emissions control and conditioning system
    10     may be approved for multiple diesel engine applications
    11     through a single series of laboratory tests, known as the ISO
    12     8178-1 test, only if data is provided to the technical
    13     advisory committee that reliably verifies that the exhaust
    14     emissions control and conditioning system meets, for each
    15     diesel engine, the in-laboratory diesel particulate matter
    16     standard established by this subsection. Data provided to
    17     satisfy this paragraph shall include diesel particulate
    18     matter production rates for the specified engine as measured
    19     during the ISO 8178-1 test, if available. If ISO 8178-1 test
    20     data for diesel particulate matter production is not
    21     available for a specified engine, comparable data may be
    22     provided to the technical advisory committee that reliably
    23     verifies that the exhaust emissions control and conditioning
    24     system shall meet, for the specified diesel engine, the in-
    25     laboratory diesel particulate matter standard established by
    26     this subsection. This standard shall only be used for in-
    27     laboratory testing for approval of diesel-powered equipment
    28     for use underground.
    29     (b)  Components of exhaust emissions system.--The exhaust
    30  emissions control and conditioning system shall include the
    20080S0949B2050                 - 193 -    

     1  following:
     2         (1)  A diesel particulate matter (DPM) filter that has
     3     proven capable of a reduction in total diesel particulate
     4     matter to a level that does not exceed the requirements of
     5     subsection (a)(1). However, the technical advisory committee
     6     may evaluate, in accordance with section 424, alternative
     7     technologies that have the ability to meet the 0.12 mg/m3
     8     standard.
     9         (2)  An oxidation catalyst or other gaseous emissions
    10     control device capable of reducing undiluted carbon monoxide
    11     emissions to 100 parts per million or less under all
    12     conditions of operation at normal engine operating
    13     temperature range.
    14         (3)  An engine surface temperature control capable of
    15     maintaining significant external surface temperatures below
    16     302 degrees Fahrenheit.
    17         (4)  A system capable of reducing the exhaust gas
    18     temperature below 302 degrees Fahrenheit.
    19         (5)  An automatic engine shutdown system that shuts off
    20     the engine before the exhaust gas temperature reaches 302
    21     degrees Fahrenheit and, if water-jacketed components are
    22     used, before the engine coolant temperature reaches 212
    23     degrees Fahrenheit. A warning shall be provided to alert the
    24     equipment operator prior to engine shutdown.
    25         (6)  A spark arrestor system.
    26         (7)  A flame arrestor system.
    27         (8)  A sampling port for measurement of undiluted and
    28     untreated exhaust gases as they leave the engine.
    29         (9)  A sampling port for measurement of treated undiluted
    30     exhaust gases before they enter the mine atmosphere.
    20080S0949B2050                 - 194 -    

     1         (10)  For permissible diesel equipment, any additional
     2     MSHA regulations must be met.
     3     (c)  Diagnostics systems.--Onboard engine performance and
     4  maintenance diagnostics systems shall be capable of continuously
     5  monitoring and giving readouts for paragraphs (1), (2), (3),
     6  (4), (5), (6), (7) and (8). The diagnostics system shall
     7  identify levels that exceed the engine or component
     8  manufacturer's recommendation or the applicable MSHA or bureau
     9  requirements as to the following:
    10         (1)  Engine speed.
    11         (2)  Operating hour meter.
    12         (3)  Total intake restriction.
    13         (4)  Total exhaust back pressure.
    14         (5)  Cooled exhaust gas temperature.
    15         (6)  Coolant temperature.
    16         (7)  Engine oil pressure.
    17         (8)  Engine oil temperature.
    18  Section 404.  Ventilation.
    19     (a)  Minimum quantities.--Minimum quantities of ventilating
    20  air where diesel-powered equipment is operated shall be
    21  maintained pursuant to this section.
    22     (b)  Approvals.--Each specific model of diesel-powered
    23  equipment shall be approved by the department before it is taken
    24  underground. The department shall require that an approval plate
    25  be attached to each piece of the diesel-powered equipment. The
    26  approval plate shall specify the minimum ventilating air
    27  quantity for the specific piece of diesel-powered equipment. The
    28  minimum ventilating air quantity shall be determined by the
    29  bureau based on the amount of air necessary at all times to
    30  maintain the exhaust emissions at levels not exceeding the
    20080S0949B2050                 - 195 -    

     1  exposure limits established under section 419.
     2     (c)  Minimum air quantities.--The minimum quantities of air
     3  in any split where any individual unit of diesel-powered
     4  equipment is being operated shall be at least that specified on
     5  the approval plate for that equipment. Air quantity measurements
     6  to determine compliance with this requirement shall be made at
     7  the individual unit of diesel-powered equipment.
     8     (d)  Multiple units in operation.--Where multiple units are
     9  operated, the minimum quantity shall be at least the total of
    10  100% of MSHA's Part 7 approval plate ventilation rate for each
    11  unit operating in that split. Air quantity measurements to
    12  determine compliance with this requirement shall be made at the
    13  most downwind unit of diesel-powered equipment that is being
    14  operated in that air split. If MSHA promulgates new regulations
    15  that change the MSHA Part 7 approval plate ventilation rate, the
    16  minimum quantity where multiple units are operated shall be
    17  revised on a direct ratio basis upon recommendation of the
    18  technical advisory committee in accordance with section 424.
    19     (e)  Minimum quantities of air in certain splits.--The
    20  minimum quantities of air in any split where any diesel-powered
    21  equipment is operated shall be in accordance with the minimum
    22  air quantities required in subsections (a), (b) and (c) and
    23  shall be specified in the mine diesel ventilation plan.
    24  Section 405.  Fuel storage facilities.
    25     (a)  General rule.--An underground diesel fuel storage
    26  facility shall be any facility designed and constructed to
    27  provide for the storage of any mobile diesel fuel transportation
    28  units or the dispensing of diesel fuel.
    29     (b)  Diesel fuel standards.--Diesel-powered equipment shall
    30  be used underground only with fuel that meets the standards of
    20080S0949B2050                 - 196 -    

     1  the most recently approved United States Environmental
     2  Protection Agency (EPA) guidelines for over-the-road fuel.
     3  Additionally, the fuel shall also meet the ASTM D975 standards
     4  with a flash point of 100 degrees Fahrenheit or greater at
     5  standard temperature and pressure. The operator shall maintain a
     6  copy of the most recent delivery receipt from the supplier to
     7  verify that the fuel used underground meets this standard.
     8     (c)  Requirements.--Underground diesel fuel storage
     9  facilities shall meet the following general requirements:
    10         (1)  Fixed underground diesel fuel storage tanks are
    11     prohibited.
    12         (2)  No more than 500 gallons of diesel fuel shall be
    13     stored in each underground diesel fuel storage facility.
    14     (d)  Location.--Underground diesel fuel storage facilities
    15  shall be located as follows:
    16         (1)  at least 100 feet from shafts, slopes, shops and
    17     explosives magazines;
    18         (2)  at least 25 feet from trolley wires, haulage ways,
    19     power cables and electric equipment not necessary for the
    20     operation of the storage facilities; and
    21         (3)  in an area that is as dry as practicable.
    22     (e)  Construction requirements.--
    23         (1)  Underground diesel fuel storage facilities shall
    24     meet the construction requirements and safety precautions
    25     under this subsection.
    26         (2)  Underground diesel fuel storage facilities shall
    27     meet all of the following:
    28             (i)  Be constructed of noncombustible materials and
    29         provided with either self-closing or automatic closing
    30         doors.
    20080S0949B2050                 - 197 -    

     1             (ii)  Be ventilated directly into the return air
     2         course using noncombustible materials.
     3             (iii)  Be equipped with an automatic fire suppression
     4         system complying with section 408. The technical advisory
     5         committee may recommend for approval an alternate method
     6         of complying with this section on a mine-by-mine basis in
     7         accordance with section 424.
     8             (iv)  Be equipped with at least two portable 20-pound
     9         multipurpose dry-chemical type fire extinguishers.
    10             (v)  Be marked with conspicuous signs designating
    11         combustible liquid storage.
    12             (vi)  Be included in the preshift examination.
    13         (3)  Welding or cutting other than that performed in
    14     accordance with paragraph (4) shall not be done within 50
    15     feet of a diesel fuel storage facility.
    16         (4)  When it is necessary to weld, cut or solder
    17     pipelines, cylinders, tanks or containers that may have
    18     contained diesel fuel, the following requirements shall
    19     apply:
    20             (i)  Cutting or welding shall not be performed on or
    21         within containers or tanks that have contained
    22         combustible or flammable materials until the containers
    23         or tanks have been thoroughly purged and cleaned or
    24         rendered inert and a vent or opening is provided to allow
    25         for sufficient release of any buildup pressure before
    26         heat is applied.
    27             (ii)  Diesel fuel shall not be allowed to enter
    28         pipelines or containers that have been welded, soldered,
    29         brazed or cut until the metal has cooled to ambient
    30         temperature.
    20080S0949B2050                 - 198 -    

     1  Section 406.  Transfer of diesel fuel.
     2     (a)  General rule.--Diesel fuel shall be transferred as
     3  provided in this section.
     4     (b)  Pump transfers.--When diesel fuel is transferred by
     5  means of a pump and a hose equipped with a nozzle containing a
     6  self-closing valve, a powered pump may be used only if:
     7         (1)  the hose is equipped with a nozzle containing a
     8     self-closing valve without a latch-open device; and
     9         (2)  the pump is equipped with an accessible emergency
    10     shutoff switch.
    11     (c)  Compressed gas prohibition.--Diesel fuel shall not be
    12  transferred using compressed gas.
    13     (d)  Status of diesel engine.--Diesel fuel shall not be
    14  transferred to the fuel tank of diesel-powered equipment while
    15  the equipment's engine is running.
    16     (e)  Dry-system design.--Diesel fuel piping systems shall be
    17  designed and operated as dry systems.
    18     (f)  Standards for pipes, valves and fittings.--All piping,
    19  valves and fittings shall meet the following requirements:
    20         (1)  Be capable of withstanding working pressures and
    21     stresses.
    22         (2)  Be capable of withstanding four times the static
    23     pressures.
    24         (3)  Be compatible with diesel fuel.
    25         (4)  Be maintained in a manner that prevents leakage.
    26     (g)  Manual shutoff valves.--Vertical pipelines shall have
    27  manual shutoff valves installed at the surface filling point and
    28  at the underground discharge point.
    29     (h)  Exposed fuel pipelines.--Unburied diesel fuel pipelines
    30  shall not exceed 300 feet in length and shall have shutoff
    20080S0949B2050                 - 199 -    

     1  valves located at each end of the unburied pipeline.
     2     (i)  Horizontal pipeline prohibition.--Horizontal pipelines
     3  shall not be used to distribute fuel throughout a mine.
     4     (j)  Limitation on piping systems.--Diesel fuel piping
     5  systems shall be used only to transport fuel from the surface
     6  directly to a single underground diesel fuel transfer point.
     7     (k)  Restrictions related to boreholes.--When boreholes are
     8  used, the diesel fuel piping system shall not be located in a
     9  borehole with electric power cables.
    10     (l)  Inspections.--Diesel fuel pipelines located in any shaft
    11  shall be included as part of the required examination of the
    12  shaft.
    13     (m)  Location in entries.--Diesel fuel piping systems located
    14  in entries shall not be located on the same side of the entry as
    15  electric cables or power lines.
    16     (n)  Trolley-haulage limitations.--Diesel fuel pipelines
    17  shall not be located in any trolley-haulage entry, except that
    18  they may cross the entry perpendicular if buried or otherwise
    19  protected from damage and sealed.
    20     (o)  Protection.--Diesel fuel piping systems shall be
    21  protected to prevent physical damage.
    22  Section 407.  Containers.
    23     (a)  General rule.--Containers for the transport of diesel
    24  fuel shall meet the requirements of this section.
    25     (b)  Limitations on containers.--Diesel fuel shall be
    26  transported only in containers specifically designed for the
    27  transport of diesel fuel.
    28     (c)  Limitations on vehicle transport.--No more than one
    29  safety can, conspicuously marked, shall be transported on a
    30  vehicle at any time.
    20080S0949B2050                 - 200 -    

     1     (d)  Standards for containers other than safety containers.--
     2  Containers, other than safety cans, used to transport diesel
     3  fuel shall be provided with the following:
     4         (1)  Devices for venting.
     5         (2)  Self-closing caps.
     6         (3)  Vent pipes at least as large as the fill or
     7     withdrawal connection, whichever is larger, but not less than
     8     one and one-fourth inch nominal inside diameter.
     9         (4)  Liquid-tight connections for all container openings
    10     that are identified by conspicuous markings and closed when
    11     not in use.
    12         (5)  Shutoff valves located within one inch of the tank
    13     shell on each connection through which liquid can normally
    14     flow.
    15     (e)  Tanks with manual gauging.--When tanks are provided with
    16  openings for manual gauging, liquid-tight caps or covers shall
    17  be provided and shall be kept closed when not open for gauging.
    18     (f)  Capacity of containers.--Containers used for the
    19  transport of diesel fuel shall not exceed a capacity of 500
    20  gallons.
    21     (g)  Certain containers as permanent fixtures.--Containers,
    22  other than safety cans, used for the transport of diesel fuel
    23  shall be permanently fixed to the transportation unit.
    24     (h)  Method of transportation.--Diesel fuel transportation
    25  units shall be transported individually and not with any other
    26  cars, except that two diesel fuel transportation units up to a
    27  maximum of 500 gallons each may be transported together.
    28     (i)  Prohibition.--Diesel fuel shall not be transported on
    29  conveyor belts.
    30     (j)  Fire extinguisher.--When transporting diesel fuel in
    20080S0949B2050                 - 201 -    

     1  containers other than safety cans, a fire extinguisher shall be
     2  provided on each end of the transportation unit. The fire
     3  extinguishers shall be multipurpose type dry-chemical fire
     4  extinguishers containing a nominal weight of 20 pounds.
     5     (k)  Fire suppression systems for diesel transportation
     6  units.--Diesel fuel transportation units shall have a fire
     7  suppression system that meets the requirements of section 408.
     8     (l)  Limitations where trolley wires are present.--In mines
     9  where trolley wire is used, diesel fuel transportation units
    10  shall be provided with insulating material to protect the units
    11  from any energized trolley wire, and the distance between the
    12  diesel fuel transportation unit and the trolley wire shall not
    13  be less than 12 inches, or the trolley wire shall be de-
    14  energized when diesel fuel transportation units are transported
    15  through the area.
    16     (m)  Parking restrictions.--Unattended diesel fuel
    17  transportation units shall be parked only in underground diesel
    18  fuel storage facilities.
    19     (n)  Emergency fueling restrictions.--Safety cans shall be
    20  used for emergency fueling only.
    21     (o)  Standards for safety cans.--Safety cans shall be clearly
    22  marked, have a maximum capacity of five gallons, be constructed
    23  of metal and be equipped with a nozzle and self-closing valves.
    24  Section 408.  Fire suppression for equipment and transportation.
    25     (a)  General rule.--Fire suppression systems for diesel-
    26  powered equipment and fuel transportation units shall meet the
    27  requirements of this section.
    28     (b)  Type system.--The system must be an automatic
    29  multipurpose dry-powder type fire suppression system suitable
    30  for the intended application and listed or approved by a
    20080S0949B2050                 - 202 -    

     1  nationally recognized independent testing laboratory.
     2  Installation requirements shall be as follows:
     3         (1)  The system shall be installed in accordance with the
     4     manufacturer's specifications and the limitations of the
     5     listing or approval.
     6         (2)  The system shall be installed in a protected
     7     location or guarded to minimize physical damage from routine
     8     operations.
     9         (3)  Suppressant agent distribution tubing or piping of
    10     the system shall be secured and protected against damage,
    11     including pinching, crimping, stretching, abrasion and
    12     corrosion.
    13         (4)  Discharge nozzles of the system shall be positioned
    14     and aimed for maximum fire suppression effectiveness in the
    15     protected areas. Nozzles shall also be protected against the
    16     entrance of foreign materials, such as mud, coal dust or rock
    17     dust that could prevent proper discharge of suppressant
    18     agent.
    19     (c)  Automatic fire detection and suppression.--The fire
    20  suppression system shall provide automatic fire detection and
    21  suppression for all of the following:
    22         (1)  The engine, transmission, hydraulic pumps and tanks,
    23     fuel tanks, exposed brake units, air compressors and battery
    24     areas, as applicable, on all diesel-powered equipment.
    25         (2)  Fuel containers and electric panels or controls used
    26     during fuel transfer operations on fuel transportation units.
    27     (d)  Fault and fire alarm annunciators.--The fire suppression
    28  system shall include a system fault and fire alarm annunciator
    29  that can be seen and heard by the equipment operator.
    30     (e)  Automatic engine shutdown.--The fire suppression system
    20080S0949B2050                 - 203 -    

     1  shall provide for automatic engine shutdown. Engine shutdown and
     2  discharge of suppressant agent may be delayed for a maximum of
     3  15 seconds after the fire alarm annunciator alerts the operator.
     4     (f)  Manual actuators.--At least two manual actuators shall
     5  be provided, with at least one manual actuator at each end of
     6  the equipment. If the equipment is provided with an operator's
     7  compartment, one of the mechanical actuators shall be located in
     8  the compartment within easy reach of the operator. For
     9  stationary equipment, the two manual actuators shall be located
    10  with at least one actuator on the stationary equipment and at
    11  least one actuator a safe distance away from the equipment and
    12  in intake air.
    13  Section 409.  Fire suppression for storage areas.
    14     (a)  General rule.--Fire suppression systems for diesel fuel
    15  storage areas shall meet the requirements of this section.
    16     (b)  Type system.--The system shall be an automatic
    17  multipurpose dry-powder type fire suppression system or other
    18  system of equal capability, suitable for the intended
    19  application and listed or approved by a nationally recognized
    20  independent testing laboratory. The system shall meet the
    21  following installation requirements:
    22         (1)  The system shall be installed in accordance with the
    23     manufacturer's specifications and the limitations of the
    24     listing or approval.
    25         (2)  The system shall be installed in a protected
    26     location or guarded to minimize physical damage from routine
    27     operations.
    28         (3)  Suppressant agent distribution tubing or piping of
    29     the system shall be secured and protected against damage,
    30     including pinching, crimping, stretching, abrasion and
    20080S0949B2050                 - 204 -    

     1     corrosion.
     2         (4)  Discharge nozzles of the system shall be positioned
     3     and aimed for maximum fire suppression effectiveness in the
     4     protected areas. Nozzles shall also be protected against the
     5     entrance of foreign materials, such as mud, coal dust and
     6     rock dust that could prevent proper discharge of suppressant
     7     agent.
     8     (c)  Automatic fire detection and suppression.--The fire
     9  suppressant system shall provide automatic fire detection and
    10  suppression for the fuel storage tanks, containers, safety cans,
    11  pumps, electrical panels and control equipment in fuel storage
    12  areas.
    13     (d)  Types of alarms.--Audible and visual alarms to warn of
    14  fire or system faults shall be provided at the protected area
    15  and at a surface location that is always staffed when
    16  individuals are underground. A means shall also be provided for
    17  warning all endangered individuals in the event of fire.
    18     (e)  Manual actuators.--Fire suppression systems shall
    19  include two manual actuators with at least one located within
    20  the fuel storage facility and at least one located a safe
    21  distance away from the storage facility and in intake air.
    22     (f)  System operation.--The fire suppression system shall
    23  remain operative in the event of electrical system failure.
    24     (g)  Monitoring of certain systems.--If electrically
    25  operated, the detection and actuation circuits shall be
    26  monitored and provided with status indicators showing power and
    27  circuit continuity. If not electrically operated, a means shall
    28  be provided to indicate the functional readiness status of the
    29  system.
    30     (h)  Weekly visual inspection.--Fire suppression devices
    20080S0949B2050                 - 205 -    

     1  shall be visually inspected at least once each week by an
     2  individual qualified to make the inspection.
     3     (i)  Maintenance, testing and records.--Each fire suppression
     4  device shall be tested and maintained. A record shall be
     5  maintained of the inspection required by this subsection. The
     6  record of the weekly inspections shall be maintained at an
     7  appropriate location for each fire suppression device.
     8     (j)  (Reserved).
     9     (k)  Instructions.--All miners normally assigned to the
    10  active workings of a mine shall be instructed about any hazards
    11  inherent to the operation of all fire suppression devices
    12  installed and, where appropriate, the safeguards available for
    13  each device.
    14  Section 410.  Use of certain starting aids prohibited.
    15     The use of volatile or chemical starting aids is prohibited.
    16  Section 411.  Fueling.
    17     (a)  Restrictions on fueling locations.--Fueling of diesel-
    18  powered equipment shall not be conducted in the intake escape-
    19  way unless the mine design and entry configuration make it
    20  necessary. In those cases where fueling in the intake escape-way
    21  is necessary, the mine operator shall submit a plan for approval
    22  to the department, which shall be investigated by the technical
    23  advisory committee in accordance with section 424, outlining the
    24  special safety precautions that will be taken to insure the
    25  protection of miners. The submitted plan shall specify a
    26  location, such as the end of the tail piece track or adjacent to
    27  the load out point, where fueling shall be conducted in the
    28  intake escape-way and all other safety precautions that shall be
    29  taken, which shall include an examination of the area for
    30  spillage or fire by a qualified individual.
    20080S0949B2050                 - 206 -    

     1     (b)  Spill cleanup.--Diesel fuel and other combustible
     2  materials shall be cleaned up and not be permitted to accumulate
     3  anywhere in an underground mine or on diesel-powered or electric
     4  equipment located in a mine.
     5     (c)  Trained individual on duty.--At least one individual
     6  specially trained in the cleanup and disposal of diesel fuel
     7  spills shall be on duty at the mine when diesel-powered
     8  equipment or mobile fuel transportation equipment is being used
     9  or when any fueling of diesel-powered equipment is being
    10  conducted.
    11  Section 412.  Fire and safety training.
    12     (a)  Training of underground employees.--All underground
    13  employees at the mine shall receive special instruction related
    14  to fighting fires involving diesel fuel. This training may be
    15  included in annual refresher training under MSHA regulations at
    16  30 CFR Part 48 (relating to training and retraining of miners)
    17  or included in the fire drills required under MSHA regulations
    18  relating to program of instruction; location and use of fire
    19  fighting equipment; location of escape-ways, exits and routes of
    20  travel; evacuation procedures; and fire drills.
    21     (b)  Training of miners.--All miners shall be trained in
    22  precautions for safe and healthful handling and disposal of
    23  diesel-powered equipment filters. All used intake air filters,
    24  exhaust diesel particulate matter filters and engine oil filters
    25  shall be placed in their original containers or other suitable
    26  enclosed containers and removed from the underground mine to the
    27  surface. Arrangements shall be made for safe handling and
    28  disposal of these filters within a timely manner after they have
    29  reached the surface.
    30  Section 413.  Maintenance.
    20080S0949B2050                 - 207 -    

     1     (a)  General rule.--Diesel-powered equipment shall be
     2  maintained in an approved and safe condition as described in
     3  this chapter or removed from service. Failure of the mine
     4  operator to comply with the maintenance requirements of this
     5  subsection may result in revocation of the department's approval
     6  of the complete diesel-powered equipment package, provided
     7  appropriate notification has been given to the mine operator and
     8  the procedures of this section have been followed. Upon
     9  receiving the appropriate notification, the mine operator shall
    10  have 30 days to submit a plan to achieve and maintain
    11  compliance. The plan shall be evaluated by the department and,
    12  upon approval, the mine operator shall implement the plan. The
    13  department shall monitor the mine operator's compliance. If the
    14  department then determines that the mine operator is unable or
    15  unwilling to comply, the department shall revoke the mine
    16  operator's approval.
    17     (b)  Acquisition and maintenance of approvals.--To acquire
    18  and maintain approval of a complete diesel-powered equipment
    19  package, the mine operator shall comply with the following
    20  requirements:
    21         (1)  All service, maintenance and repairs of approved
    22     complete diesel-powered equipment packages shall be performed
    23     by mechanics who are trained and qualified in accordance with
    24     section 422.
    25         (2)  Service and maintenance of approved complete diesel-
    26     powered equipment packages shall be performed according to:
    27             (i)  the specified routine maintenance schedule;
    28             (ii)  onboard performance and maintenance diagnostics
    29         readings;
    30             (iii)  emissions test results; and
    20080S0949B2050                 - 208 -    

     1             (iv)  component manufacturers' recommendations.
     2  Section 414.  Records.
     3     (a)  General rule.--A record shall be made of all emissions
     4  tests, preoperational examinations and maintenance and repairs
     5  of complete diesel-powered equipment packages. The records made
     6  pursuant to this section shall meet the requirements of this
     7  section.
     8     (b)  Written certification.--The individual performing the
     9  emissions test, examination, maintenance or repair shall certify
    10  by date, time, engine hour reading and signature that the
    11  emissions test, examination, maintenance or repair was made.
    12     (c)  Results.--Records of emissions tests and examinations
    13  shall include the specific results of such tests and
    14  examinations.
    15     (d)  Content.--Records of maintenance and repairs shall
    16  include the work that was performed, any fluids or oil added,
    17  parts replaced or adjustments made and the results of any
    18  subsequently required emissions testing.
    19     (e)  Preoperational examination record retention.--Records of
    20  preoperational examinations shall be retained for the previous
    21  100-hour maintenance cycle.
    22     (f)  Certain records to be countersigned.--Records of
    23  emissions tests, 100-hour maintenance tests and repairs shall be
    24  countersigned once each week by the certified mine electrician
    25  or mine foreman.
    26     (g)  Other record retention.--Except as specified in
    27  subsection (e), all records required by this section shall be
    28  retained for at least one year at a surface location at the mine
    29  and made available for inspection by the department and by
    30  miners and their representatives.
    20080S0949B2050                 - 209 -    

     1  Section 415.  Duties of equipment operator.
     2     (a)  Preoperational examination.--Prior to use of a piece of
     3  diesel-powered equipment during a shift, an equipment operator
     4  shall conduct an examination as follows:
     5         (1)  Check the exhaust emissions control and conditioning
     6     system components to determine that the components are in
     7     place and not damaged or leaking.
     8         (2)  Assure that the equipment is clean and free of
     9     accumulations of combustibles.
    10         (3)  Assure that the machine is loaded safely.
    11         (4)  Check for external physical damage.
    12         (5)  Check for loose or missing connections.
    13         (6)  Check engine oil level.
    14         (7)  Check transmission oil level.
    15         (8)  Check other fluid levels, if applicable.
    16         (9)  Check for hydraulic, coolant and oil leaks.
    17         (10)  Check fan, water pump and other belts.
    18         (11)  Check the fan for damage.
    19         (12)  Check guards.
    20         (13)  Check the fuel level.
    21         (14)  Check for fuel leaks.
    22         (15)  Comply with recordkeeping requirements pursuant to
    23     section 414.
    24     (b)  Operational examination.--After the engine is started
    25  and warmed up, the equipment operator shall conduct an
    26  examination as follows:
    27         (1)  Check all onboard engine performance and maintenance
    28     diagnostics system gauges for proper operation and in-range
    29     readings. The equipment operator shall immediately shut down
    30     the engine and notify the operator if the onboard readings
    20080S0949B2050                 - 210 -    

     1     indicate any of the following:
     2             (i)  Intake restriction at full engine speed is
     3         greater than the manufacturer's recommendation.
     4             (ii)  Exhaust restriction at full engine speed is
     5         greater than the manufacturer's recommendation.
     6             (iii)  Coolant temperature is at or near 212 degrees
     7         Fahrenheit.
     8             (iv)  Low engine oil pressure.
     9             (v)  High engine oil temperature.
    10         (2)  Check safety features, including, but not limited
    11     to, the throttle, brakes, steering, lights and horn.
    12         (3)  Comply with recordkeeping requirements pursuant to
    13     section 414.
    14  Section 416.  Schedule of maintenance.
    15     At intervals not exceeding 100 hours of engine operation, a
    16  qualified mechanic shall perform the following maintenance and
    17  make all necessary adjustments or repairs or remove the
    18  equipment from service:
    19         (1)  Wash or steam clean the equipment.
    20         (2)  Check for and remove any accumulations of coal, coal
    21     dust or other combustible materials.
    22         (3)  Check the equipment for damaged or missing
    23     components or other visible defects.
    24         (4)  Conduct electrical and safety component inspections.
    25         (5)  Replace engine oil and oil filter.
    26         (6)  Check the transmission oil level and add oil, if
    27     necessary.
    28         (7)  Check hydraulic oil level and add oil, if necessary.
    29         (8)  Check the engine coolant level and add coolant, if
    30     necessary.
    20080S0949B2050                 - 211 -    

     1         (9)  Check all other fluid levels and add fluid, if
     2     necessary.
     3         (10)  Check for oil, coolant and other fluid leaks.
     4         (11)  Inspect the cooling fan, radiator and shroud.
     5     Remove any obstructions and make necessary repairs.
     6         (12)  Check all belts. Tighten or replace, if necessary.
     7         (13)  Check the battery and service as necessary.
     8         (14)  Check the automatic fire suppression system.
     9         (15)  Check the portable fire extinguisher.
    10         (16)  Check the lights.
    11         (17)  Check the warning devices.
    12         (18)  With the engine operating, check and replace or
    13     repair the following:
    14             (i)  Oil pressure.
    15             (ii)  Intake air restriction at full engine speed.
    16             (iii)  Exhaust gas restriction at full engine speed.
    17             (iv)  Exhaust flame arrestor.
    18             (v)  All gauges and controls.
    19         (19)  Conduct repeatable loaded engine-operating test in
    20     accordance with section 418.
    21         (20)  If the equipment is approved with a nondisposable
    22     diesel particulate filter, a smoke dot test of the filtered
    23     exhaust must be performed at this time. The results of the
    24     smoke dot test shall be recorded on the 100-hour emissions
    25     form. If the interpreted smoke dot number is greater than
    26     three, the technical advisory committee shall be notified and
    27     shall investigate to determine if the filter is functioning
    28     properly.
    29         (21)  Evaluate and interpret the results of all of the
    30     above tests and examinations and make all necessary repairs
    20080S0949B2050                 - 212 -    

     1     or remove the equipment from service.
     2         (22)  Comply with the recordkeeping requirements pursuant
     3     to section 414.
     4  Section 417.  Emissions monitoring and control.
     5     (a)  General rule.--Emissions for diesel-powered equipment
     6  shall be monitored and controlled as provided in this section.
     7     (b)  Determination of baseline emission values.--When any
     8  diesel-powered equipment first enters service at a mine,
     9  baseline emission values shall be determined by a qualified
    10  mechanic. Unless the technical advisory committee in accordance
    11  with section 424 recommends an alternate procedure, the
    12  qualified mechanic shall:
    13         (1)  Verify that the seal on the engine fuel injector is
    14     in place and that the proper fuel pump is on the equipment.
    15         (2)  Install a new clean intake air cleaner, measure and
    16     record the intake restriction pressure.
    17         (3)  Check the level of engine oil.
    18         (4)  Change the engine lubrication oil if not fresh.
    19         (5)  Check the level of the transmission fluid.
    20         (6)  Measure and record the exhaust backpressure. If
    21     exhaust gas back pressure is above that recommended by the
    22     manufacturer, steps must be taken to bring the exhaust gas
    23     back pressure within the manufacturer's recommended limit
    24     prior to beginning the test described in this subsection.
    25         (7)  Test the brakes.
    26         (8)  Place the equipment into an intake entry.
    27         (9)  Set the brakes and chock the wheels.
    28         (10)  Install an exhaust gas analyzer into the untreated
    29     exhaust gas port.
    30         (11)  Start the engine and allow it to warm up to
    20080S0949B2050                 - 213 -    

     1     operating temperature.
     2         (12)  Put the engine into a loaded condition. For this
     3     section, the loaded condition for the baseline emissions
     4     testing shall be determined by the technical advisory
     5     committee by determining CO2 values that are representative
     6     of the MSHA lug curve readings for that engine model and
     7     horsepower.
     8         (13)  Start the exhaust gas analyzer and allow the engine
     9     to operate in the loaded condition for a sufficient length of
    10     time not less than a 90-second duration to insure proper CO
    11     readings. The qualified mechanic shall record both CO and CO2
    12     readings. Note: Baseline CO values shall be determined by the
    13     technical advisory committee based upon MSHA lug curve
    14     readings for that engine model and horsepower. If the
    15     baseline CO values are greater than the MSHA lug curve
    16     values, the technical advisory committee shall investigate
    17     and either recommend approval or disapproval or recommend
    18     alternate methods of meeting the requirements of this
    19     section.
    20         (14)  Comply with recordkeeping requirements pursuant to
    21     section 414.
    22         (15)  An alternative to the testing provided in
    23     paragraphs (1) through (14) may be developed by the technical
    24     advisory committee in accordance with section 424.
    25         (16)  Emissions test procedures for this section shall be
    26     submitted to the technical advisory committee in accordance
    27     with section 424 prior to being implemented for each engine
    28     and equipment type.
    29  Section 418.  Diagnostic testing.
    30     (a)  Tests.--At intervals not exceeding once every 100 hours
    20080S0949B2050                 - 214 -    

     1  of engine operation, a qualified mechanic shall perform
     2  equipment maintenance diagnostic testing of each piece of
     3  diesel-powered equipment in the mine. The qualified mechanic
     4  shall do all of the following:
     5         (1)  Verify the identification numbers on the equipment.
     6         (2)  Check the level of the engine lubricating oil.
     7         (3)  Check the level of the transmission fluid.
     8         (4)  Set the brakes and chock the wheels.
     9         (5)  Install the portable carbon monoxide sampling device
    10     into the untreated exhaust port coupling provided in the
    11     operator's cab.
    12         (6)  Start the engine and allow it to warm up to
    13     operating temperature.
    14         (7)  Check the intake restriction and the exhaust back
    15     pressure at high idle speed.
    16         (8)  If the intake restriction is more than the
    17     manufacturer's maximum recommended intake restriction,
    18     replace the intake filter with a clean one.
    19         (9)  If exhaust gas back pressure is above that
    20     recommended by the manufacturer, take steps to bring the
    21     exhaust gas back pressure within the manufacturer's
    22     recommended limit prior to beginning the test described in
    23     this section.
    24         (10)  Put the engine into a loaded condition. As used in
    25     this paragraph, the term loaded condition shall mean a
    26     condition in which the carbon dioxide values are
    27     representative of the MSHA lug curve values for that engine
    28     model and horsepower rating.
    29         (11)  Take the following steps:
    30             (i)  Start the exhaust gas analyzer.
    20080S0949B2050                 - 215 -    

     1             (ii)  Allow the engine to operate for a sufficient
     2         time, not less than 90 seconds, to insure proper carbon
     3         monoxide readings and record both carbon monoxide and
     4         carbon dioxide readings.
     5         (12)  Install the exhaust gas analyzer into the treated
     6     exhaust port and repeat steps set forth in paragraphs (10)
     7     and (11).
     8         (13)  If the average carbon monoxide reading for
     9     untreated exhaust gas is greater than twice the baseline
    10     established under section 417(b) or if the average carbon
    11     monoxide reading for treated exhaust gas is greater than 100
    12     parts per million, the equipment has failed and shall be
    13     serviced and retested before it is returned to regular
    14     service.
    15         (14)  Comply with recordkeeping requirements under
    16     section 414.
    17     (b)  Procedures.--Emissions test procedures for this section
    18  must be submitted to the technical advisory committee under
    19  section 424 prior to being implemented for each engine and
    20  equipment type.
    21     (c)  Alternative procedure.--An alternative to the testing
    22  provided in subsection (a) may be developed by the technical
    23  advisory committee under section 424.
    24  Section 419.  Exhaust gas monitoring and control.
    25     (a)  Concentration.--In monitoring and controlling exhaust
    26  gases, the ambient concentration of exhaust gases in the mine
    27  atmosphere shall not exceed 35 parts per million for carbon
    28  monoxide and three parts per million for nitrogen dioxide. The
    29  concentration of these exhaust gases shall be measured at the
    30  equipment operator's or equipment attendant's position and by
    20080S0949B2050                 - 216 -    

     1  the last piece of diesel-powered equipment operating in the same
     2  split of air. Measurements shall be made weekly or more often if
     3  necessary by a qualified individual and shall be conducted under
     4  the requirements of this section.
     5     (b)  Measurement.--Measurement of exhaust gases shall be made
     6  with a sampling instrument no less precise than detector tubes.
     7     (c)  Changes.--If the concentration of a gas listed in
     8  subsection (a) is at least 75% of its exposure limit, changes to
     9  the use of the diesel equipment, the mine ventilation or the
    10  mining process shall be made.
    11     (d)  Excessive exposure.--If the concentration of a gas
    12  listed in subsection (a) exceeds the exposure limit, the diesel
    13  equipment operating in that split shall be removed from service
    14  immediately, and corrective action shall be taken. After
    15  corrective action has been taken by the mine operator, the
    16  diesel equipment may be returned to service in its regular
    17  operating mode for emissions testing purposes only; and
    18  emissions testing shall be conducted immediately to assure that
    19  the concentration does not exceed 75% of the exposure limit.
    20  Corrective action shall be taken until the concentration does
    21  not exceed 75% of the exposure limit before the diesel equipment
    22  can be returned to full operation.
    23     (e)  Compliance.--The mine operator shall comply with the
    24  following requirements:
    25         (1)  Repair or adjustment of the fuel injection system
    26     shall only be performed by qualified mechanics authorized by
    27     the engine manufacturer.
    28         (2)  Complete testing of the emissions system in
    29     accordance with section 418 shall be conducted:
    30             (i)  prior to any piece of diesel-powered equipment
    20080S0949B2050                 - 217 -    

     1         being put into service; and
     2             (ii)  after any repair or adjustment to the fuel
     3         delivery system, engine timing or exhaust emissions
     4         control and conditioning system.
     5         (3)  Service and maintenance of the intake air filter,
     6     exhaust particulate filter and the exhaust system shall be
     7     performed at specific time intervals based on the component
     8     manufacturer's recommendation and compliance with the engine
     9     or emissions control operation specifications and, as needed,
    10     based on the on-board diagnostics or emissions test results.
    11     Accurate records shall be maintained of service and
    12     maintenance under this paragraph.
    13  Section 420.  Training and general requirements.
    14     (a)  Approval.--Training course instructors and training
    15  plans required by this section shall be approved by the
    16  department. Operator training and qualification shall meet the
    17  requirements of this section.
    18     (b)  Conduct.--
    19         (1)  Training shall be conducted in the basics of the
    20     operation of a diesel engine, Federal and State regulations
    21     governing their use, company rules for safe operation,
    22     specific features of each piece of equipment and the ability
    23     to recognize problems.
    24         (2)  Training shall be provided to each equipment
    25     operator and the mine health and safety committee if one
    26     exists. This training shall be designed to bring every
    27     operator to a level of good understanding of diesel equipment
    28     operation.
    29         (3)  Each operator shall be qualified by attending a
    30     minimum eight-hour course, including classroom training on
    20080S0949B2050                 - 218 -    

     1     diesel fundamentals and equipment-specific hands-on training
     2     on the job. Training shall include instruction in the
     3     following classroom subjects:
     4             (i)  Engine fundamentals. This subparagraph includes
     5         an introduction to the function of a diesel engine and
     6         recognition of major components and their functions.
     7             (ii)  Diesel regulations. This subparagraph includes
     8         an introduction to Federal and State regulations
     9         governing the use of diesel equipment.
    10             (iii)  Diesel emissions. This subparagraph includes
    11         an introduction to diesel emissions and their adverse
    12         health effects.
    13             (iv)  Factors which affect diesel emissions. This
    14         subparagraph includes a detailed presentation of engine
    15         faults and diesel fuel quality, their effect on emissions
    16         and the preventive actions which can be taken to minimize
    17         emissions levels.
    18             (v)  Emissions control devices. This subparagraph
    19         includes a detailed presentation of the different
    20         emissions control devices employed to reduce emissions
    21         and details about actions the operator must take to keep
    22         the devices in working order.
    23             (vi)  Diagnostic techniques. This subparagraph
    24         includes a presentation of techniques which can be
    25         employed by the operator to assure the equipment is in
    26         safe operating condition and instruction about how to
    27         recognize and diagnose certain engine faults which may
    28         cause increases in emissions.
    29             (vii)  Preoperational inspection. This subparagraph
    30         includes a presentation of the purpose, benefits and
    20080S0949B2050                 - 219 -    

     1         requirements of the preoperational inspection.
     2             (viii)  Ventilation. This subparagraph includes an
     3         introduction to special ventilation requirements for
     4         areas where diesel-powered equipment will operate.
     5             (ix)  Fire suppression system. This subparagraph
     6         includes an introduction to the fire suppression system
     7         and its function and when and how to activate the fire
     8         suppression manually.
     9             (x)  Operating rules. This subparagraph includes a
    10         detailed presentation of the driving rules, safe driving
    11         speeds, traffic control devices and equipment
    12         limitations.
    13             (xi)  Emergency procedures. This subparagraph
    14         includes discussion of:
    15                 (A)  emergencies, such as fire, diesel fuel
    16             spills, component failure, loss of ventilation air
    17             and emergency escape procedures; and
    18                 (B)  potential use of the diesel-powered vehicle
    19             as an emergency escape vehicle in case of a mine
    20             emergency.
    21             (xii)  Recordkeeping and reporting procedures. This
    22         subparagraph includes a presentation on required
    23         recordkeeping and reporting procedures for problems or
    24         unsafe conditions, high emissions levels and
    25         preoperational inspections made by the equipment
    26         operator.
    27     (c)  Certificate.--Upon successful completion of both
    28  training sessions, the operator shall be issued a certificate of
    29  qualification which qualifies the operator to operate a specific
    30  type of diesel-powered equipment. An operator may be qualified
    20080S0949B2050                 - 220 -    

     1  to operate more than one type of equipment by completing
     2  additional equipment-specific training covering differences
     3  specific to each additional type of equipment.
     4     (d)  Refresher training.--Refresher training, separate from
     5  that required by MSHA regulations at 30 CFR Pt. 48 (relating to
     6  the training and retraining of miners), shall be required
     7  annually.
     8     (e)  Annual certificate.--A new certificate of qualification
     9  shall be issued annually after the equipment operator has
    10  received the annual refresher training.
    11  Section 421.  Equipment-specific training.
    12     (a)  Approval.--Training course instructors and training
    13  plans required by this section must be approved by the
    14  department.
    15     (b)  Description.--
    16         (1)  Equipment-specific hands-on orientation training
    17     shall be given in an area of the mine where the equipment
    18     will be operated. This orientation shall be specific to the
    19     type and make of the diesel machine and shall be presented in
    20     small groups.
    21         (2)  The following subjects shall be included in the
    22     training:
    23             (i)  Equipment layout. This subparagraph includes
    24         familiarization with the layout of the equipment, the
    25         operator's compartments and the controls.
    26             (ii)  Preoperation inspection. This subparagraph
    27         includes familiarization with the preoperation inspection
    28         procedure and review of specific details of the
    29         inspection and location of the components to be
    30         inspected.
    20080S0949B2050                 - 221 -    

     1             (iii)  Equipment limitations. This subparagraph
     2         includes instruction relating to equipment performance,
     3         speeds, capacities and blind areas.
     4             (iv)  Operating areas. This subparagraph includes
     5         instruction relating to areas in which the equipment may
     6         be operated.
     7             (v)  Operation. This subparagraph includes
     8         familiarization with the controls, gauges and warning
     9         devices and safe operating limits of all indicating
    10         gauges.
    11             (vi)  Refueling procedure. This subparagraph includes
    12         familiarization with fuel handling, permissible refueling
    13         areas, spill prevention, cleanup and potential hazards
    14         from diesel fuel.
    15             (vii)  Emergency devices. This subparagraph includes
    16         instruction relating to the location and use of the fire
    17         extinguisher and fire suppression devices.
    18             (viii)  Driving practice. This paragraph includes
    19         supervised operation of the equipment.
    20  Section 422.  Diesel mechanic training.
    21     (a)  Approval.--Training course instructors and training
    22  plans required by this section must be approved by the
    23  department.
    24     (b)  General rule.--Diesel mechanic training and
    25  qualification shall meet the requirements of this section.
    26     (c)  Skills.--Diesel mechanics shall be trained and qualified
    27  to perform maintenance, repairs and testing of the features of
    28  diesel equipment certified by MSHA and the department.
    29     (d)  Qualification.--To be qualified, a diesel mechanic shall
    30  successfully complete a minimum of 16 hours of a training
    20080S0949B2050                 - 222 -    

     1  program approved by the department regarding the general
     2  function, operation, maintenance and testing of emissions
     3  control and conditioning components. The diesel mechanic shall
     4  be qualified to perform these tasks on the specific machines
     5  used at the mine or mines where they are employed. Additional
     6  engine-specific training shall be provided to diesel mechanics
     7  in accordance with a plan approved by the department.
     8     (e)  Retraining.--Annual retraining programs for diesel
     9  mechanics shall be required and shall be approved by the
    10  department. Retraining shall include refresher training as well
    11  as new procedure and new technology training as necessary.
    12  Retraining shall be separate from refresher training pursuant to
    13  MSHA regulations at 30 CFR Pt. 48 (relating to training and
    14  retraining of miners) and electrical training required by MSHA.
    15     (f)  Programs.--The minimum diesel mechanic training programs
    16  shall include training in the following minimum subject
    17  requirements:
    18         (1)  Federal and State requirements regulating the use of
    19     diesel equipment.
    20         (2)  Company policies and rules related to the use of
    21     diesel equipment.
    22         (3)  Emissions control system design and component
    23     technical training.
    24         (4)  Onboard engine performance and maintenance
    25     diagnostics system design and component technical training.
    26         (5)  Service and maintenance procedures and requirements
    27     for the emissions control systems.
    28         (6)  Emissions testing procedures and evaluation and
    29     interpretation of test results.
    30         (7)  Troubleshooting procedures for the emissions control
    20080S0949B2050                 - 223 -    

     1     systems.
     2         (8)  Fire protection systems test and maintenance.
     3         (9)  Fire and ignition sources and their control and
     4     elimination.
     5         (10)  Fuel system maintenance and safe fueling
     6     procedures.
     7         (11)  Intake air system design and components technical
     8     training and maintenance procedures.
     9         (12)  Engine shutdown device tests and maintenance.
    10         (13)  Special instructions regarding components, such as
    11     the fuel injection system, which may only be repaired and
    12     adjusted by a qualified mechanic who has received special
    13     training and is authorized to make the repairs or adjustments
    14     by the component manufacturer.
    15         (14)  Instruction on recordkeeping requirements for
    16     maintenance procedures and emissions testing.
    17         (15)  Other subjects determined by the department to be
    18     necessary to address specific health and safety needs.
    19  Section 423. Operation of diesel-powered equipment.
    20     (a)  General rule.--In addition to other requirements of this
    21  chapter, diesel-powered equipment shall be operated pursuant to
    22  the standards set forth in this section.
    23     (b)  Attended equipment.--Diesel-powered equipment shall be
    24  attended while in operation with the engine running in
    25  underground mines.
    26     (c)  Idling.--Unnecessary idling of diesel-powered equipment
    27  is prohibited.
    28     (d)  Access.--Roadways where diesel-powered equipment is
    29  operated shall be maintained as free as practicable from bottom
    30  irregularities debris and wet or muddy conditions, which affect
    20080S0949B2050                 - 224 -    

     1  control of the equipment.
     2     (e)  Speed.--Operating speeds shall be consistent with
     3  conditions of roadways, grades, clearances, visibility and
     4  traffic and type of equipment used.
     5     (f)  Control.--Equipment operators shall have full control of
     6  the mobile equipment while it is in motion.
     7     (g)  Traffic rules.--Traffic rules, including speed, signals
     8  and warning signs, shall be standardized at each mine and
     9  posted.
    10     (h)  Maintenance.--
    11         (1)  Diesel-powered equipment shall be maintained in a
    12     safe operating condition which does not threaten health of
    13     human beings.
    14         (2)  Diesel-powered equipment not maintained in
    15     accordance with paragraph (1) or not maintained in accordance
    16     with the engine or emissions control operating specifications
    17     shall be removed from service immediately and shall not be
    18     returned to service until all necessary corrective actions
    19     have been taken.
    20  Section 424.  Technical advisory committee.
    21     (a)  Establishment.--The Technical Advisory Committee on
    22  Diesel-Powered Equipment is established.
    23     (b)  Membership.--The advisory committee shall consist of two
    24  members, who shall be residents of this Commonwealth.
    25         (1)  The Governor shall appoint one member to represent
    26     the viewpoint of the coal operators in this Commonwealth
    27     within 30 days from receipt of a list containing one or more
    28     nominees submitted by the major trade association
    29     representing coal operators in this Commonwealth.
    30         (2)  The Governor shall appoint one member to represent
    20080S0949B2050                 - 225 -    

     1     the viewpoint of the working miners in this Commonwealth
     2     within 30 days from receipt of a list containing one or more
     3     nominees submitted by the highest ranking official within the
     4     major employee organization representing coal miners in this
     5     Commonwealth.
     6     (c)  Terms.--Each member of the technical advisory committee
     7  shall be appointed for a term of three years. If renominated and
     8  reappointed, a member may serve an unlimited number of
     9  successive three-year terms.
    10     (d)  Functions.--The technical advisory committee has the
    11  following functions:
    12         (1)  Advising the department regarding implementation of
    13     this chapter.
    14         (2)  Evaluating alternative technology or methods for
    15     meeting the requirements for diesel-powered equipment as set
    16     forth in this chapter.
    17         (3)  Providing technical assistance to operators
    18     regarding diesel equipment technologies.
    19         (4)  Conducting investigations relating to implementation
    20     of this chapter.
    21         (5)  Providing training regarding diesel equipment
    22     emission controls and emission testing.
    23     (e)  Compensation.--Members of the technical advisory
    24  committee shall be compensated at the appropriate per diem rate
    25  based on the prevailing formula administered by the
    26  Commonwealth, but not less than $150 per day, plus all
    27  reasonable expenses incurred while performing their official
    28  duties. Compensation shall be adjusted annually by the
    29  department to account for inflation based on the rate of
    30  inflation identified by the Consumer Price Index for All Urban
    20080S0949B2050                 - 226 -    

     1  Consumers, Bureau of Labor Statistics. The individual member may
     2  waive his right to all or part of the compensation set forth in
     3  this provision.
     4     (f)  Meetings.--The technical advisory committee shall meet
     5  at least twice during each calendar year.
     6     (g)  Quorum.--Actions of the technical advisory committee
     7  require the participation of both members.
     8     (h)  Support.--
     9         (1)  The department shall make clerical support and
    10     assistance available to enable the technical advisory
    11     committee to carry out its duties. Upon the request of both
    12     members of the technical advisory committee, the department
    13     may draft proposed conditions of use and reports or perform
    14     investigations.
    15         (2)  The department shall purchase for the technical
    16     advisory committee equipment for testing diesel engine
    17     exhaust emissions and measuring diesel engine surface
    18     temperatures and exhaust gas temperatures. Alternative
    19     technology or methods recommended by the technical advisory
    20     committee or approved by the secretary shall not reduce or
    21     compromise the level of health and safety protection afforded
    22     by this chapter.
    23     (i)  Alternative technologies.--
    24         (1)  Upon application of a coal miner, coal mine operator
    25     or diesel-related technology manufacturer, or on its own
    26     motion, the technical advisory committee shall consider
    27     requests for the use of alternative diesel-related health and
    28     safety technologies with general underground mining industry
    29     application which are consistent with this chapter. The
    30     following apply:
    20080S0949B2050                 - 227 -    

     1             (i)  Upon receipt of an application, the technical
     2         advisory committee shall conduct an investigation, which
     3         shall include consultation with a representative of the
     4         major trade association representing coal operators in
     5         this Commonwealth and with a representative of the major
     6         employee organization representing coal miners in this
     7         Commonwealth.
     8             (ii)  Approval of an application made under this
     9         subsection shall make the alternative technology or
    10         method available for use by a coal mine operator in this
    11         Commonwealth but shall not be construed to require that a
    12         coal mine operator use the approved alternative
    13         technology or method.
    14         (2)  Upon application of a coal mine operator, the
    15     technical advisory committee shall consider site-specific
    16     requests for use of alternative diesel-related health and
    17     safety technologies. The committee's recommendations on
    18     applications submitted under this subsection shall be on a
    19     mine-by-mine basis. Upon receipt of a site-specific
    20     application, the technical advisory committee shall conduct
    21     an investigation, which shall include consultation with the
    22     mine operator and the authorized representatives of the
    23     miners at the mine. Authorized representatives of the miners
    24     shall include a mine health and safety committee elected by
    25     miners at the mine and an individual employed by an employee
    26     organization representing miners at the mine or an individual
    27     authorized as the representative of miners of the mine in
    28     accordance with MSHA regulations at 30 CFR Pt. 40 (relating
    29     to representative of miners). If there is no authorized
    30     representative of the miners, the technical advisory
    20080S0949B2050                 - 228 -    

     1     committee shall consult with a reasonable number of miners at
     2     the mine.
     3         (3)  Within 180 days of receipt of an application for use
     4     of alternative technologies or methods, the technical
     5     advisory committee shall complete its investigation and make
     6     a recommendation to the secretary. The technical advisory
     7     committee members shall only recommend approval of an
     8     application if, at the conclusion of the investigation, the
     9     committee members have made a determination that the use of
    10     the alternative technology or method will not reduce or
    11     compromise the level of health and safety protection afforded
    12     by this chapter. The time period under this paragraph may be
    13     extended with the consent of the applicant.
    14         (4)  The technical advisory committee shall forward to
    15     the secretary three possible recommendations:
    16             (i)  A unanimous recommendation to approve the
    17         application for use of alternative technologies or
    18         methods. A recommendation under this subparagraph must be
    19         made in writing and include the results of the
    20         investigation and specific conditions of use for the
    21         alternative technology or method.
    22             (ii)  A unanimous recommendation to reject the
    23         application for use of alternative technologies or
    24         methods. A recommendation under this subparagraph must be
    25         made in writing and outline in detail the basis for the
    26         rejection.
    27             (iii)  A divided recommendation in which one member
    28         of the technical advisory committee recommends approval
    29         of the application for use of alternative technologies or
    30         methods and one member of the advisory committee
    20080S0949B2050                 - 229 -    

     1         recommends rejection of the application for use of
     2         alternative technologies or methods. For a recommendation
     3         under this subparagraph, each member of the committee
     4         must submit a detailed report to the secretary within 14
     5         days of the committee's vote outlining the member's
     6         position for or against the application.
     7         (5)  The secretary shall proceed as follows:
     8             (i)  Alternative technologies or methods may be
     9         approved by the secretary if they do not reduce or
    10         compromise the level of health and safety protection
    11         afforded by this chapter.
    12             (ii)  If a recommendation under paragraph (4)(i) or
    13         (ii) is forwarded to the secretary by the technical
    14         advisory committee, the secretary shall have 30 days in
    15         which to render a final decision adopting or rejecting
    16         the advisory committee's recommendation and the
    17         application.
    18             (iii)  The secretary may only approve or reject a
    19         recommendation under paragraph (4)(i) or (ii) without
    20         modification unless the modification is unanimously
    21         approved by the technical advisory committee.
    22             (iv)  If a recommendation under paragraph (4)(iii) is
    23         forwarded to the secretary, the secretary shall convene,
    24         within 30 days, a meeting with the members of the
    25         technical advisory committee to discuss the reasons for
    26         the divided recommendation and to determine whether
    27         additional information and further discussion might
    28         result in a unanimous recommendation by the committee.
    29             (v)  The following apply:
    30                 (A)  The secretary shall render a decision on the
    20080S0949B2050                 - 230 -    

     1             application within 30 days from the date of the
     2             meeting with the technical advisory committee or, if
     3             no meeting is convened, within 60 days of forwarding
     4             of the recommendation.
     5                 (B)  Upon consent of the applicant, the time
     6             period under clause (A) may be extended.
     7                 (C)  Except as set forth in clause (B), if the
     8             secretary does not comply with the time requirements
     9             to render a decision under this subparagraph, the
    10             technical advisory committee's recommendation shall
    11             be deemed rejected.
    12         (6)  Action taken by the secretary under this subsection
    13     is subject to 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial
    14     review of Commonwealth agency action) and the act of July 13,
    15     1988 (P.L.530, No.94), known as the Environmental Hearing
    16     Board Act.
    17     (j)  Shaft and slope construction.--The secretary shall
    18  establish, based on recommendations made by the technical
    19  advisory committee, conditions of use for the use of diesel-
    20  powered equipment in shaft and slope construction operations at
    21  coal mines. Conditions of use proposed by the technical advisory
    22  committee shall be considered by the secretary and shall be
    23  adopted or rejected by the secretary without modification,
    24  except as approved by the technical advisory committee.
    25                             CHAPTER 5
    26                      ENFORCEMENT AND REMEDIES
    27  Section 501.  Enforcement orders and duty to comply.
    28     (a)  Authority.--
    29         (1)  The department may issue written orders to enforce
    30     this act, to effectuate the purposes of this act and to
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     1     protect the health and safety of miners and individuals in
     2     and about mines.
     3         (2)  An order issued under this act shall take effect
     4     upon notice, unless the order specifies otherwise.
     5         (3)  An appeal to the Environmental Hearing Board shall
     6     not act as a supersedeas.
     7     (b)  Compliance.--It is the duty of any individual to whom an
     8  order applies to comply with that order.
     9  Section 502.  Restraining violations.
    10     (a)  Department.--In addition to any other remedies provided
    11  by law, the department may seek an injunction to restrain any of
    12  the following:
    13         (1)  Violation of this act, a regulation promulgated
    14     under this act or any approval, standard, order or permit
    15     issued under this act.
    16         (2)  Creation and maintenance of a threat to the health
    17     and safety of miners and individuals in and about mines.
    18     (b)  Court.--
    19         (1)  In a proceeding under subsection (a), the court may
    20     do any of the following:
    21             (i)  Issue an injunction if it finds reasonable cause
    22         to believe that the respondent is engaging in conduct
    23         which:
    24                 (A)  violates this act; a regulation promulgated
    25             under this act or any approval, standard or order
    26             issued under this act; or
    27                 (B)  poses a threat to the health and safety of
    28             miners and individuals in and about mines.
    29             (ii)  Levy civil penalties against the respondent.
    30         (2)  The courts of common pleas and the Commonwealth
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     1     courts are granted jurisdiction to hear and decide
     2     proceedings brought under subsection (a).
     3     (c)  Bond.--The department is not required to post bond in
     4  connection with proceedings brought under this section.
     5  Section 503.  Administrative penalties.
     6     (a)  Declaration of threat.--The following actions by mine
     7  officials are declared to pose an imminent and substantial
     8  threat to the health and safety of miners:
     9         (1)  Assigning an employee without training or proper
    10     certification.
    11         (2)  Requiring or condoning a violation of this act, a
    12     regulation promulgated under this act or any approval,
    13     standard or order issued under this act.
    14         (3)  Failing to perform a required examination.
    15         (4)  Failing to address promptly the dangers identified
    16     through a mine examination or inspection by the department.
    17         (5)  Supplying inaccurate information to the department.
    18         (6)  Failing to notify the department as required by this
    19     act.
    20         (7)  Failing to de-energize electrical power as required
    21     by this act.
    22         (8)  Failing to evacuate the mine when required to do so
    23     by a provision of this act.
    24     (b)  Penalty for mine officials and operator liability.--
    25         (1)  If the department finds that a mine official has
    26     engaged in any of the actions under subsection (a), the
    27     department may assess an administrative penalty of up to
    28     $2,500 against the mine official. In every instance in which
    29     an administrative penalty is assessed against a mine
    30     official, the department may assess an administrative penalty
    20080S0949B2050                 - 233 -    

     1     of the same amount against the operator of the mine where the
     2     violations occurred.
     3         (2)  If the department finds that the operator directed
     4     or condoned an unsafe act or a violation of the act:
     5             (i)  the department may assess an administrative
     6         penalty of not less than $10,000 and not more than
     7         $200,000 against the operator; and
     8             (ii)  the individual that directed or condoned the
     9         action shall be removed from any position of command and
    10         control.
    11     (c)  Nonexclusive remedy.--Assessment of a penalty under this
    12  section does not preclude the department from exercising any
    13  other remedy available to it.
    14     (d)  Factors.--In determining the amount of a penalty, the
    15  department shall consider the following:
    16         (1)  The degree to which the conduct was reckless or
    17     intentional.
    18         (2)  Whether an individual was fatally or seriously
    19     injured.
    20         (3)  The potential for the violation resulting in death
    21     or serious injury to an individual.
    22         (4)  Whether the conduct is in violation of an
    23     outstanding order.
    24         (5)  In the case of an operator, the economic benefit to
    25     the operator from not complying with the applicable
    26     requirements.
    27     (e)  Practice and procedure.--A penalty under this section is
    28  subject to:
    29         (1)  2 Pa.C.S. Chs. 5 Subch. A (relating to practice and
    30     procedure of Commonwealth agencies) and 7 Subch. A (relating
    20080S0949B2050                 - 234 -    

     1     to judicial review of Commonwealth agency action); and
     2         (2)  25 Pa. Code Ch. 1021 (relating to practice and
     3     procedures).
     4         (3)  The act of July 13, 1988 (P.L.530, No.94), known as
     5     the Environmental Hearing Board Act.
     6  Section 503.1.  Process for assessing administrative penalties.
     7     (a)  Assessment process.--If the department assesses an
     8  administrative penalty, it shall inform the operator and mine
     9  official, as applicable, of the amount of the penalty. The
    10  individual assessed with the penalty shall then have 30 days to
    11  pay the penalty in full or, if the individual wishes to contest
    12  the amount of the penalty, the individual shall, within the 30-
    13  day period, file an appeal of the department's assessment with
    14  the Environmental Hearing Board. Failure to appeal within 30
    15  days shall result in a waiver of all legal rights to contest the
    16  amount of the penalty.
    17     (b)  Prepayment of administrative penalty.--If the operator
    18  or mine official wishes to contest either the amount of the
    19  penalty or the violation, the operator or mine official shall
    20  forward an amount not greater than $25,000 to the department for
    21  placement in an escrow account with the State Treasurer or any
    22  bank located in this Commonwealth, or post an appeal bond in the
    23  amount of the proposed penalty provided that the bond shall be
    24  executed by a surety licensed to do business in this
    25  Commonwealth and is satisfactory to the department. If through
    26  administrative or judicial review of the penalty, it is
    27  determined that no violation occurred, or that the amount of the
    28  penalty should be reduced, the department shall within 30 days
    29  remit the appropriate amount to the operator or mine official,
    30  with any interest accumulated by the escrow deposit. Failure to
    20080S0949B2050                 - 235 -    

     1  forward the money or the appeal bond to the department within 30
     2  days shall result in a waiver of all legal rights to contest the
     3  violation or the amount of the penalty.
     4     (c)  Payment of penalty.--The amount assessed after
     5  administrative hearing or waiver shall be payable to the
     6  Commonwealth of Pennsylvania, Mine Safety Fund and shall be
     7  collectible in any manner provided under law for the collection
     8  of debts. If any individual liable to pay any penalty neglects
     9  or refuses to pay it after demand, the amount together with
    10  interest and any costs that may accrue, shall constitute a
    11  judgment in favor of the Commonwealth upon the property of the
    12  individual from the date it has been entered and docketed or
    13  recorded by the prothonotary of the county where such property
    14  is situated. The department may, at any time, transmit to the
    15  prothonotaries of the respective counties certified copies of
    16  the judgments, and it shall be the duty of each prothonotary to
    17  enter and docket the judgments in the prothonotary's office, and
    18  to index it as judgments are indexed, without requiring the
    19  payment of costs as a condition precedent to the entry of the
    20  judgment.
    21  Section 504.  Unlawful conduct.
    22     It is unlawful for an individual to do any of the following:
    23         (1)  Violate this act, a regulation under this act or any
    24     approval, standard or order under this act.
    25         (2)  Cause or assist another in a violation under
    26         paragraph (1).
    27         (3)  Hinder or threaten an agent or employee of the
    28     department in the course of performance of a duty under this
    29     act, including entry and inspection.
    30         (4)  Do any of the following on mine property:
    20080S0949B2050                 - 236 -    

     1             (i)  Venture into areas with unsupported roof.
     2             (ii)  Fail to make required gas checks.
     3             (iii)  Work on energized equipment without de-
     4         energizing, locking out and tagging that equipment.
     5             (iv)  Change approved equipment without obtaining the
     6         department's approval.
     7             (v)  Circumvent a safety device.
     8             (vi)  Disable an alarm.
     9             (vii)  Possess or use alcohol, drugs or smoking
    10         materials in an unlawful manner on mine property.
    11             (viii)  Assign an employee without training or proper
    12         certification to perform the assigned work.
    13             (ix)  Require or condone a violation of this act, a
    14         regulation under this act or any approval, standard or
    15         order under this act.
    16             (x)  Require or condone performance of an unsafe act.
    17             (xi)  Fail to perform a required examination.
    18             (xii)  Fail to abate promptly the dangers identified
    19         through a mine examination or inspection by the
    20         department.
    21             (xiii)  Supply inaccurate information to the
    22         department.
    23             (xiv)  Fail to:
    24                 (A)  notify the department as required by this
    25             act;
    26                 (B)  de-energize electrical power as required by
    27             this act; or
    28                 (C)  evacuate the mine when required.
    29  Section 505.  Criminal penalties.
    30     (a)  Prohibition.--An individual commits a felony of the
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     1  second degree if all of the following apply:
     2         (1)  The individual:
     3             (i)  violates this act, a regulation under this act
     4         or any approval, standard or order under this act;
     5             (ii)  submits false information to the department; or
     6             (iii)  fails to notify the department as required by
     7         this act.
     8         (2)  The action or inaction under paragraph (1):
     9             (i)  either results in the death of or substantial
    10         bodily injury to an individual; or
    11             (ii)  creates a condition that poses a substantial
    12         likelihood of causing death or substantial bodily injury
    13         to an individual.
    14  Section 506.  Inspections.
    15     (a)  Administrative.--An agent or employee of the department
    16  may do any of the following:
    17         (1)  Inspect a mine, property, building, premises, place,
    18     book or record.
    19         (2)  Secure physical evidence. This paragraph includes
    20     photography and videography.
    21         (3)  Conduct tests. This paragraph includes taking
    22     samples.
    23     (b)  Warrant.--It shall be sufficient probable cause for a
    24  court of competent jurisdiction to issue a search warrant if the
    25  department establishes all of the following:
    26         (1)  The action under subsection (a) is pursuant to the
    27     department's general inspection of mines and investigations
    28     at mines.
    29         (2)  The agent or employee:
    30             (i)  has reason to believe that there has been a
    20080S0949B2050                 - 238 -    

     1         violation of this act, a regulation under this act or any
     2         approval, standard or order under this act of the
     3         department has occurred or may occur; or
     4             (ii)  has been refused access or been prevented from
     5         taking action under subsection (a).
     6  Section 507. Intervention.
     7     An individual having an interest, which is or may be
     8  adversely affected, has the right without posting bond to
     9  intervene in an action brought by the department or in an appeal
    10  before the Environmental Hearing Board under this act.
    11  Section 508.  Limitation of action.
    12     (a)  Civil and administrative.--Notwithstanding 42 Pa.C.S.
    13  Ch. 55 Subch. B (relating to civil actions and proceedings) or
    14  any other statutory provision to the contrary:
    15         (1)  A civil action under this act shall be commenced
    16     within three years from the date the cause of action arises.
    17         (2)  An administrative action under this act shall be
    18     commenced within three years from the date of the violation.
    19     (b)  Criminal.--Notwithstanding 42 Pa.C.S. Ch. 55 Subch. C
    20  (relating to criminal proceedings) or any other statutory
    21  provision to the contrary, a criminal action under this act
    22  shall be commenced within three years from the date the offense
    23  is committed.
    24  Section 509.  Relation to permit.
    25     The following apply if the department finds that an operator
    26  has demonstrated a lack of intent or ability to comply with this
    27  act, a regulation under this act or any approval, standard or
    28  order under this act:
    29         (1)  The department may take any action it deems
    30     appropriate regarding the operator's permits, including
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     1     denial of applications for new, renewed or amended permits
     2     and suspension or revocation of existing permits.
     3         (2)  Before taking action under paragraph (1), the
     4     department shall provide the operator with an opportunity to
     5     demonstrate to the department the operator's intent and
     6     ability to comply.
     7  Section 510.  Certification actions.
     8     (a)  Denial.--The department shall not issue a certification
     9  if, after investigation and an opportunity for an informal
    10  hearing, it finds that the applicant lacks the ability or intent
    11  to comply with this act.
    12     (b)  Sanctions.--
    13         (1)  The department may modify, suspend or revoke a
    14     certification under this act if it determines that the holder
    15     has done any of the following:
    16             (i)  Failed to comply with this act; a regulation
    17         under this act or any approval, standard or order under
    18         this act.
    19             (ii)  Interfered with the safe and lawful operation
    20         of any mine.
    21             (iii)  Engaged in unlawful conduct under this act.
    22         (2)  An appeal to the Environmental Hearing Board shall
    23     be treated as a petition for a supersedeas.
    24         (3)  An action under this subsection shall be taken only
    25     if the monetary penalty under section 503 is inadequate.
    26         (4)  This subsection is subject to 2 Pa.C.S. Chs. 5
    27     Subch. A (relating to practice and procedure of Commonwealth
    28     agencies) and 7 Subch. A (relating to judicial review of
    29     Commonwealth agency action) and the act of July 13, 1988
    30     (P.L.530, No.94), known as the Environmental Hearing Board
    20080S0949B2050                 - 240 -    

     1     Act.
     2     (c)  Retesting.--A mine official whose certificate has been
     3  revoked shall have the right after five years of work experience
     4  in an underground bituminous coal mine, two years of which must
     5  be in a working section, to be reexamined and upon receipt of a
     6  satisfactory score on the examination, the mine official shall
     7  be given another certificate of qualification.
     8     (d)  Other remedies.--This section is in addition to any
     9  other remedy afforded the department under this act or any other
    10  provision of law.
    11  Section 511.  Withdrawal of certification.
    12     If a superintendent receives information that any mine
    13  foreman, assistant mine foreman, mine examiner or mine
    14  electrician neglects duties or is incapacitated, the
    15  superintendent shall make a thorough investigation. If the
    16  superintendent finds evidence to sustain neglect or incapacity,
    17  the superintendent shall suspend the individual and inform the
    18  department.
    19                             CHAPTER 6
    20                    EMERGENCY MEDICAL PERSONNEL
    21  Section 601.  Definitions.
    22     The following words and phrases when used in this chapter
    23  shall have the meanings given to them in this section unless the
    24  context clearly indicates otherwise:
    25     "Emergency medical technician."  A coal mine employee who has
    26  successfully completed the course on emergency first aid care
    27  and transportation of the sick and injured recommended by the
    28  American Academy of Orthopedic Surgeons or an equivalent
    29  organization and who has been certified by the Department of
    30  Health to provide emergency care.
    20080S0949B2050                 - 241 -    

     1     "Emergency medical technician paramedic."  An individual who
     2  has been certified by the Department of Health to provide
     3  emergency medical treatment.
     4  Section 602.  Emergency medical personnel.
     5     Emergency medical personnel shall be employed at every mine
     6  as follows:
     7         (1)  At least one emergency medical technician shall be
     8     on duty at any time when miners at that mine are engaged in
     9     the extraction, production or preparation of coal. Emergency
    10     medical technicians shall be on duty at a mine in sufficient
    11     numbers to assure that no miner shall work in a mine location
    12     which cannot be reached in 30 minutes by an emergency medical
    13     technician. Emergency medical technicians shall be employed
    14     at their regular duties at locations convenient for quick
    15     response to emergencies and shall have available to them at
    16     all times necessary equipment in compliance with Federal
    17     regulations.
    18         (2)  Telephone services or the equivalent facilities
    19     shall be installed which shall provide two-way voice
    20     communications between the emergency medical technician at
    21     the mine and medical personnel outside or away from the mine
    22     who provide emergency medical services on a regular basis.
    23         (3)  Operators shall make adequate provisions so that at
    24     least one emergency medical technician paramedic, registered
    25     nurse, physician or physician assistant is available to
    26     provide care at a mine at any time that individuals are
    27     engaged in extraction, production or preparation of coal.
    28     Emergency medical personnel under this paragraph shall be on
    29     call to reach the entrance of the mine within 30 minutes.
    30  Section 603.  Regulations for training and certification.
    20080S0949B2050                 - 242 -    

     1     The Department of Health shall promulgate regulations to
     2  train and certify emergency medical technicians and emergency
     3  medical technician paramedics.
     4  Section 604.  First aid training of mine employees.
     5     Each operator shall provide every new employee who has not
     6  received first aid training required by the department within
     7  the six months prior to the date of employment with the training
     8  required by the department. The department shall consult with
     9  the Department of Health, MSHA and representatives of miners and
    10  representatives of operators in determining the training to be
    11  required under this section. Each mine employee shall be
    12  provided with five hours of refresher first aid training within
    13  each 24-month period of employment. Each employee shall be paid
    14  regular wages or overtime pay, if applicable, for all periods of
    15  first aid training.
    16  Section 605.  Continuing training.
    17     The department, after consultation with the Department of
    18  Health regarding the content of instruction courses, shall
    19  provide for necessary training on a continuing basis of
    20  emergency medical technicians and emergency medical technician
    21  paramedics in sufficient numbers to satisfy the requirements of
    22  this chapter.
    23  Section 606.  Regulations.
    24     The board, after consultation with the Department of Health,
    25  shall promulgate regulations to implement the operational
    26  provisions of this chapter.
    27  Section 607.  Certification.
    28     The Department of Health shall promulgate regulations to
    29  prescribe procedures necessary to certify emergency medical
    30  technicians and emergency medical technician paramedics and
    20080S0949B2050                 - 243 -    

     1  consult with the department as may be required under this
     2  chapter.
     3  Section 608.  Liability.
     4     (a)  Physicians.--
     5         (1)  Except as set forth in paragraph (2), a physician
     6     who in good faith gives instructions to a certified emergency
     7     medical technician or emergency medical technician paramedic,
     8     a registered nurse or physician assistant shall not be liable
     9     for civil damages as a result of issuing the instructions.
    10         (2)  Paragraph (1) does not apply where the actions
    11     constitute gross negligence, reckless misconduct or
    12     intentional misconduct.
    13     (b)  Other medical personnel.--
    14         (1)  Except as set forth in paragraph (2), a certified
    15     emergency medical technician, emergency medical technician
    16     paramedic, registered nurse or physician assistant who in
    17     good faith attempts to render emergency care to a sick or
    18     injured individual in or about a mine shall not be liable for
    19     civil damages as a result of any acts or omissions.
    20         (2)  Paragraph (1) does not apply where the actions
    21     constitute gross negligence, reckless misconduct or
    22     intentional misconduct.
    23  Section 609.  Equivalent training.
    24     If the department determines that an operator is presently
    25  providing emergency medical care for its employees which is
    26  equivalent to or superior to the emergency medical care provided
    27  for under this chapter, the department shall make a finding that
    28  the operator is in compliance with this chapter.
    29                             CHAPTER 7
    30                 SAFETY ZONES AND ENTOMBED WORKMEN
    20080S0949B2050                 - 244 -    

     1  Section 701.  Establishment.
     2     A safety zone is established beneath and adjacent to every
     3  stream, river and natural or artificial body of water in this
     4  Commonwealth that is sufficiently large to constitute a hazard
     5  to mining in the opinion and discretion of the department. In
     6  the case of a stream or river, the safety zone shall extend
     7  horizontally 200 feet from the high-water mark of each bank. In
     8  the case of any other body of water sufficiently large to, in
     9  the department's discretion, constitute a hazard to mining, the
    10  safety zone shall extend horizontally 200 feet from the known
    11  perimeter. Each safety zone shall extend downward to the limit
    12  of the workable beds.
    13  Section 702.  Written authorization.
    14     (a)  Requirement.--No mining or removal of minerals shall be
    15  permitted within the safety zone unless authorization is
    16  specifically granted in advance and in writing by the
    17  department.
    18     (b)  Procedure.--Authorization shall only be granted upon
    19  application of the operator. Application shall be accompanied by
    20  four copies of a plan of the proposed mining operation. The plan
    21  shall indicate the thickness of the unconsolidated strata, the
    22  thickness of the rock strata and coal beds overlying the bed to
    23  be mined, the thickness of the bed, the width of the mine
    24  openings, the width of the pillars to be left and any other
    25  special features that may be deemed necessary as affecting the
    26  contemplated first mining.
    27     (c)  Examinations.--The department shall make periodic
    28  examinations to determine the accuracy of plans, maps and
    29  drawings submitted to it under the provisions of this section.
    30  Section 703.  Pillar recovery.
    20080S0949B2050                 - 245 -    

     1     Pillar recovery may not be undertaken until the pillar plan
     2  is approved by the department. Applications for pillar recovery
     3  must be accompanied by four copies of a plan, which must include
     4  such information as shall be determined by the department. The
     5  approval or disapproval of the plan shall be based on the
     6  factors of depth, the thickness of the bed, the percentage of
     7  pillars proposed to be extracted and to be left, the effect on
     8  pillars remaining in overlying beds and any other special
     9  features deemed necessary by the department.
    10  Section 704.  Proof of rock cover.
    11     (a)  Requirement.--Proof of the existence of 35 feet of rock
    12  cover must accompany any plan submitted under this chapter.
    13     (b)  Sufficiency.--Proof of rock cover is to be ascertained
    14  by testing holes drilled on:
    15         (1)  intersecting lines forming rectangles or squares
    16     where the cover thickness is less than 50 feet; and
    17         (2)  on spacing of not more than 35-foot centers.
    18  Section 705.  Verification.
    19     Plans and proof of rock cover under this chapter must be
    20  signed by a registered professional mining engineer representing
    21  the operator and a registered professional mining engineer
    22  representing the lessor or the owner.
    23  Section 706.  Approval or disapproval of plans.
    24     (a)  Approval.--If, after review, the department approves the
    25  plan, it shall send copies of the approved plan to the
    26  registered professional mining engineer representing the
    27  operator and to the registered professional mining engineer
    28  representing the lessor or the owner.
    29     (b)  Disapproval.--If, after review, the department
    30  disapproves the plan, it shall send copies of the disapproval,
    20080S0949B2050                 - 246 -    

     1  identifying its reasons for that action, to the registered
     2  professional mining engineer representing the operator and a
     3  registered professional mining engineer representing the lessor
     4  or the owner.
     5  Section 707.  Notice.
     6     After approval of the plan by the department, mining or
     7  removal of minerals shall not begin within the safety zone until
     8  the mine foreman has conspicuously posted a notice on the
     9  outside of the mine and has orally notified each miner affected
    10  that the miner is working within the safety zone.
    11  Section 708.  Entombed workmen.
    12     If a workman is enclosed, entombed or buried in any coal mine
    13  in this Commonwealth, the department, on its own initiative or
    14  upon request of a relative of the workman or the department, may
    15  petition a court of competent jurisdiction to order recovery of
    16  the body and to make a decree that the workman is dead.
    17                             CHAPTER 31
    18                      MISCELLANEOUS PROVISIONS
    19  Section 3101.  Repeals.
    20     (a)  Absolute.--The following acts or parts of acts are
    21  repealed absolutely:
    22         (1)  The act of June 30, 1947 (P.L.1177, No.490), known
    23     as The Coal Mine Sealing Act of 1947.
    24         (2)  The act of July 17, 1961 (P.L.659, No.339), known as
    25     the Pennsylvania Bituminous Coal Mine Act.
    26     (b)  Inconsistent.--The following acts and parts of acts are
    27  repealed to the extent they apply to bituminous coal mines:
    28         (1)  The act of May 9, 1889 (P.L.154, No.171), entitled
    29     "An act to provide for the recovery of the bodies of workmen
    30     enclosed, buried or entombed in coal mines."
    20080S0949B2050                 - 247 -    

     1         (2)  The act of June 3, 1943 (P.L.848, No.357), entitled
     2     "An act providing that every mine foreman, assistant mine
     3     foreman and fire boss, under the Bituminous Mining Laws and
     4     the Anthracite Mining Laws of the Commonwealth, represents
     5     and is an officer of the Commonwealth in the mine in which
     6     employed, for the suspension or cancellation of the
     7     certificates of such officials as shall hold same, and for
     8     the disqualification of such as are uncertificated by the
     9     Secretary of Mines after or prior to hearing, for failure or
    10     refusal to perform his respective duties; defining the
    11     procedure in such hearing and the powers of the Secretary of
    12     Mines, with respect thereto, and providing for a review of
    13     his decisions by courts of common pleas and the Superior
    14     Court; providing for re-examination by the examining board of
    15     any person whose certificate has been cancelled, and for
    16     reinstatement of such as are uncertificated; and prohibiting
    17     the employment by any operator in such capacity of any mine
    18     foreman, assistant mine foreman or fire boss not possessing
    19     the requisite certificate or whose certificate is suspended
    20     or who has been disqualified."
    21         (3)  The act of December 22, 1959 (P.L.1994, No.729),
    22     entitled "An act prohibiting mining in certain areas without
    23     prior approval by the Department of Mines and Mineral
    24     Industries; establishing standards for the approval of plans
    25     for mining in such areas; imposing powers and duties on the
    26     mine foremen and the Department of Mines and Mineral
    27     Industries; and providing penalties."
    28         (4)  The act of July 9, 1976 (P.L.931, No.178), referred
    29     to as the Coal Mine Emergency Medical Personnel Law.
    30  Section 3102.  Effective date.
    20080S0949B2050                 - 248 -    

     1     This act shall take effect in 180 days.




















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