PRIOR PRINTER'S NOS. 1675, 1685, 1710, PRINTER'S NO. 2204 1744, 1921, 2050
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
SENATE AMENDMENTS TO HOUSE AMENDMENTS, JUNE 17, 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. 15 Section 108. Inspections.
1 Section 109. Accidents. 2 Section 110. Mine officials' certification. 3 Section 111. Classification of mines as gassy. 4 Section 112. Reports. 5 Section 113. Mine rescue program. 6 Section 114. Direction of mine rescue work. 7 Section 115. Recovery of funds. 8 Section 116. Mine Safety Fund. 9 Section 117. Bituminous mine inspector. 10 Section 118. Bituminous mine electrical inspector. 11 Section 119. Availability of mine maps. 12 Section 120. Mine map repository. 13 Section 121. Applicability. 14 Chapter 2. General Requirements for Underground Bituminous 15 Mines 16 Section 201. General safety requirements. 17 Section 202. Qualifications for certification. 18 Section 203. Emergency use of mine examiner as assistant 19 mine foreman. 20 Section 204. Certification of miners. 21 Section 205. Qualifications for certification as miners. 22 Section 206. Issuance of miners' certificates. 23 Section 207. Certification of mining machine operators 24 and shot-firers. 25 Section 208. Employment of mine foremen. 26 Section 209. Employment of mine electricians. 27 Section 210. Employment of assistant mine foremen. 28 Section 211. Ventilation responsibilities of mine foreman. 29 Section 212. Mine foreman's responsibility for working 30 place safety. 20080S0949B2204 - 2 -
1 Section 213. Mine foreman's responsibilities for blasting. 2 Section 214. Mine foreman's responsibilities for drainage. 3 Section 215. Mine foreman's responsibility for employment of 4 competent persons. 5 Section 216. Mine foreman's responsibilities for inspections 6 and reports. 7 Section 217. Employment of mine examiners. 8 Section 218. Duties of mine examiners. 9 Section 219. Management of mine. 10 Section 220. Duties of superintendent. 11 Section 221. Qualifications and general responsibility of 12 superintendent. 13 Section 222. Danger signs. 14 Section 223. Supply of record books. 15 Section 224. Mapping requirements and surveying standards. 16 Section 225. Availability of copy of map. 17 Section 226. Excavations on map. 18 Section 227. Furnishing copies of maps. 19 Section 228. Duties upon abandonment of mine. 20 Section 229. Survey by department. 21 Section 230. Ventilation requirements. 22 Section 231. Crosscuts and stoppings. 23 Section 232. Overcasts and undercasts. 24 Section 233. Line brattice. 25 Section 234. Auxiliary blowers and fans. 26 Section 235. Unused and abandoned parts of mines. 27 Section 236. Sewage dumping prohibited. 28 Section 237. Fans. 29 Section 238. Measurement of methane. 30 Section 239. Control of coal dust and rock dusting. 20080S0949B2204 - 3 -
1 Section 240. Instruction of employees and examination of 2 working areas. 3 Section 241. Roof support. 4 Section 242. Authorized explosives. 5 Section 243. (Reserved). 6 Section 244. Underground storage of explosives. 7 Section 245. Preparation of shots, blasting practices and 8 multiple shooting. 9 Section 246. Transportation of explosives. 10 Section 247. Electrical shot-firing. 11 Section 248. General shot-firing rules. 12 Section 249. Hoisting equipment and operations. 13 Section 250. Bottom person. 14 Section 251. Number of individuals to be hoisted. 15 Section 252. Top person. 16 Section 253. Use of competent hoist operators. 17 Section 254. Clearances and shelter holes. 18 Section 255. Underground haulage equipment. 19 Section 256. Operation of haulage equipment. 20 Section 257. Trip rider and bottom individual on rope 21 haulage. 22 Section 258. Transportation of individuals. 23 Section 259. Conveyor belts and conveyor equipment. 24 Section 260. Blowtorches and fuel. 25 Section 261. Oxygen and gas containers. 26 Section 262. Transportation of oxygen and gas. 27 Section 263. Storage of oxygen and gas. 28 Section 264. Use of oxygen and gas. 29 Section 265. Duties of individuals subject to this act. 30 Section 266. Protective clothing. 20080S0949B2204 - 4 -
1 Section 267. Checking systems. 2 Section 268. Prohibitions regarding endangering security of 3 mine. 4 Section 269. Responsibility for care and maintenance of 5 equipment. 6 Section 270. Control of dust and other inhalation hazards. 7 Section 271. Safeguards for mechanical equipment. 8 Section 272. First aid equipment. 9 Section 273. Fire protection. 10 Section 274. Mine openings or outlets. 11 Section 275. Mining close to abandoned workings. 12 Section 276. Lubrication and storage of flammable lubricants. 13 Section 277. Approved lighting and gas detection devices in 14 mines. 15 Section 278. Unauthorized entry into mine. 16 Section 279. Passing by or removing danger signs. 17 Section 280. Miners to remain in work areas. 18 Section 281. Sealing openings. 19 Section 282. Ladders in mines. 20 Section 283. Inside structures to be of incombustible 21 materials. 22 Section 284. Washhouses. 23 Chapter 3. Electrical Equipment 24 Section 301. Duties of mine foreman and superintendent. 25 Section 302. Definitions. 26 Section 303. Plan of electrical system. 27 Section 304. Protection against shock. 28 Section 305. Restoration from shock. 29 Section 306. Report of defective equipment. 30 Section 307. Damage or alteration to mine electrical system. 20080S0949B2204 - 5 -
1 Section 308. Capacity. 2 Section 309. Joints in conductors. 3 Section 310. Cables entering fittings. 4 Section 311. Switches, fuses and circuit breakers. 5 Section 312. Lightning protection. 6 Section 313. Underground power supply. 7 Section 314. Storage battery equipment. 8 Section 315. (Reserved). 9 Section 316. Electrical equipment. 10 Section 317. Inspection of equipment. 11 Section 318. Stationary motors. 12 Section 319. Permanent underground installation. 13 Section 320. Underground illumination. 14 Section 321. Telephones and signaling. 15 Section 322. Grounding. 16 Section 323. Voltage limitation. 17 Section 324. Incoming feeder-disconnect switches. 18 Section 325. Bonding. 19 Section 326. Trolley installation. 20 Section 327. Connections to trolley. 21 Section 328. Guarding. 22 Section 329. Locomotives. 23 Section 330. Outdoor substation. 24 Section 331. High-voltage underground transmission system. 25 Section 332. Load center. 26 Section 333. Distribution centers. 27 Section 334. Mandatory safety components of electrical 28 equipment. 29 Section 335. High-voltage longwalls. 30 Section 336. Longwall electrical protection. 20080S0949B2204 - 6 -
1 Section 337. Longwall disconnect switches. 2 Section 338. Guarding of longwall cables. 3 Section 339. Longwall cable-handling and support systems. 4 Section 340. Use of longwall insulated cable handling 5 equipment. 6 Section 341. Maintenance. 7 Section 342. High-voltage longwall mining systems. 8 Section 343. Longwall electrical work. 9 Section 344. Testing, examination and maintenance of longwall 10 equipment. 11 Section 345. (Reserved). 12 Section 346. (Reserved). 13 Section 347. (Reserved). 14 Section 348. (Reserved). 15 Section 349. (Reserved). 16 Section 350. Equipment approvals. 17 Chapter 4. Diesel-powered Equipment 18 Section 401. Underground use. 19 Section 402. Diesel-powered equipment package. 20 Section 403. Exhaust emissions control. 21 Section 404. Ventilation. 22 Section 405. Fuel storage facilities. 23 Section 406. Transfer of diesel fuel. 24 Section 407. Containers. 25 Section 408. Fire suppression for equipment and transportation. 26 Section 409. Fire suppression for storage areas. 27 Section 410. Use of certain starting aids prohibited. 28 Section 411. Fueling. 29 Section 412. Fire and safety training. 30 Section 413. Maintenance. 20080S0949B2204 - 7 -
1 Section 414. Records. 2 Section 415. Duties of equipment operator. 3 Section 416. Schedule of maintenance. 4 Section 417. Emissions monitoring and control. 5 Section 418. Diagnostic testing. 6 Section 419. Exhaust gas monitoring and control. 7 Section 420. Training and general requirements. 8 Section 421. Equipment-specific training. 9 Section 422. Diesel mechanic training. 10 Section 423. Operation of diesel-powered equipment. 11 Section 424. Technical advisory committee. 12 Chapter 5. Enforcement and Remedies 13 Section 501. Enforcement orders and duty to comply. 14 Section 502. Restraining violations. 15 Section 503. Administrative penalties. 16 SECTION 503.1. PROCESS FOR ASSESSING ADMINISTRATIVE <-- 17 PENALTIES. 18 Section 504. Unlawful conduct. 19 Section 505. Criminal penalties. 20 Section 506. Inspections. 21 Section 507. Intervention. 22 Section 508. Limitation of action. 23 Section 509. Relation to permit. 24 Section 510. Certification actions. 25 Section 511. Withdrawal of certification. 26 Chapter 6. Emergency Medical Personnel 27 Section 601. Definitions. 28 Section 602. Emergency medical personnel. 29 Section 603. Regulations for training and certification. 30 Section 604. First aid training of mine employees. 20080S0949B2204 - 8 -
1 Section 605. Continuing training. 2 Section 606. Regulations. 3 Section 607. Certification. 4 Section 608. Liability. 5 Section 609. Equivalent training. 6 Chapter 7. Safety Zones 7 Section 701. Establishment. 8 Section 702. Written authorization. 9 Section 703. Pillar recovery. 10 Section 704. Proof of rock cover. 11 Section 705. Verification. 12 Section 706. Approval or disapproval of plans. 13 Section 707. Notice. 14 Section 708. Entombed workmen. 15 Chapter 31. Miscellaneous Provisions 16 Section 3101. Repeals. 17 Section 3102. Effective date. 18 The General Assembly of the Commonwealth of Pennsylvania 19 hereby enacts as follows: 20 CHAPTER 1 21 PRELIMINARY PROVISIONS 22 Section 101. Short title. 23 This act shall be known and may be cited as the Bituminous 24 Coal Mine Safety Act. 25 Section 102. Application. 26 This act shall apply to all underground bituminous coal mines 27 in this Commonwealth, including all of the following: 28 (1) The construction, operation, maintenance and sealing 29 of underground bituminous coal mines. 30 (2) The operators of underground bituminous coal mines. 20080S0949B2204 - 9 -
1 (3) All individuals at underground bituminous coal 2 mines. 3 Section 103. Findings and purpose. 4 (a) Findings.--The General Assembly finds that it is in the 5 public interest to establish a comprehensive scheme to protect 6 the lives, health and safety of those who work at mines in this 7 Commonwealth. This comprehensive scheme shall address all of the 8 following: 9 (1) The first priority and concern of all in the 10 bituminous coal mining industry must be the health and safety 11 of those who work in and at mines and others in and about 12 mines. 13 (2) Deaths and injuries from unsafe and unhealthful 14 conditions and practices at underground bituminous coal mines 15 cause grief and suffering to miners and their families. 16 (3) The efforts of mine operators, miners and the 17 Commonwealth, through the Department of Environmental 18 Protection, have over time significantly reduced the 19 occurrence of deaths and injuries in the underground 20 bituminous coal mining industry. This reduction in deaths and 21 injuries is due, in part, to the safety standards under the 22 act of July 17, 1961 (P.L.659, No.339), known as the 23 Pennsylvania Bituminous Coal Mine Act, and the grant of 24 authority to the department to approve underground bituminous 25 coal mining activity and equipment. 26 (4) The Pennsylvania Bituminous Coal Mine Act is 27 becoming outdated and lacks an effective mechanism to modify 28 existing standards and to adopt new standards. 29 (5) The Commonwealth must maintain a strong, independent 30 mine safety program. 20080S0949B2204 - 10 -
1 (6) The operators at underground bituminous coal mines, 2 with the assistance of certified miners and mine officials 3 have the primary responsibility to prevent the existence of 4 unsafe and unhealthful conditions at underground bituminous 5 coal mines. 6 (7) Underground bituminous coal mining is highly 7 specialized, technical and complex and requires frequent 8 review, refinement and improvement of standards to protect 9 the health and safety of miners. 10 (8) The formulation of appropriate rules and practices 11 to improve health and safety and to provide increased 12 protection of miners can be accomplished more effectively by 13 individuals who have experience and expertise in underground 14 bituminous coal mining and underground bituminous coal mine 15 health and safety. 16 (9) Mine safety is enhanced through a rigorous program 17 for training and certifying individuals to work at mines in 18 this Commonwealth. 19 (10) It is imperative that the department have the 20 capability to coordinate and assist rescue operations in 21 response to accidents at underground bituminous coal mines. 22 (11) It is in the public interest to encourage the 23 underground bituminous coal mining industry to establish, 24 maintain and support mine rescue teams and other emergency 25 response capabilities. 26 (b) Purpose.--It is the purpose of this act to do all of the 27 following: 28 (1) To use the full extent of the Commonwealth's powers 29 to protect the lives, health and safety of miners and others 30 in and about underground bituminous coal mines. 20080S0949B2204 - 11 -
1 (2) To establish and promulgate improved mandatory 2 health and safety standards to protect the health and safety 3 of miners and others in and about underground coal mines in 4 this Commonwealth. 5 (3) To establish a rulemaking process that enables the 6 expeditious updating of the interim mandatory health and 7 safety standards established under this act and to otherwise 8 protect the health, safety and welfare of miners and others 9 in and about mines. 10 (4) To require that operators at underground bituminous 11 coal mines and every individual at every mine comply with 12 these standards. 13 (5) To improve and expand research, development and 14 training programs aimed at preventing underground bituminous 15 coal mine accidents and occupationally caused diseases in the 16 industry. 17 (6) To enable the Commonwealth to respond as necessary 18 and appropriate to accidents and other emergencies at 19 underground bituminous coal mines. 20 Section 104. Definitions. 21 The following words and phrases when used in this act shall 22 have the meanings given to them in this section unless the 23 context clearly indicates otherwise: 24 "Abandoned workings." Excavations, either caved or sealed, 25 that are deserted and in which further mining is not intended. 26 "Accident." An unanticipated event, including any of the 27 following: 28 (1) A death of an individual at a mine. 29 (2) An injury to an individual at a mine, which has a 30 reasonable potential to cause death. 20080S0949B2204 - 12 -
1 (3) An entrapment of an individual at a mine which has a 2 reasonable potential to cause death or serious injury. 3 (4) An unplanned inundation of a mine by a liquid or 4 gas. 5 (5) An unplanned ignition or explosion of gas or dust. 6 (6) An unplanned mine fire not extinguished within ten 7 minutes of discovery. 8 (7) An unplanned ignition or explosion of a blasting 9 agent or an explosive. 10 (8) An unplanned roof fall at or above the anchorage 11 zone in active workings where roof bolts are in use. 12 (9) An unplanned roof or rib fall in active workings 13 that impairs ventilation or impedes passage. 14 (10) A coal or rock outburst that causes withdrawal of 15 miners or which disrupts regular mining activity for more 16 than one hour. 17 (11) An unstable condition at an impoundment or refuse 18 pile which does any of the following: 19 (i) Requires emergency action in order to prevent 20 failure. 21 (ii) Causes individuals to evacuate an area. 22 (12) Failure of an impoundment or refuse pile. 23 (13) Damage to hoisting equipment in a shaft or slope 24 which endangers an individual or which interferes with use of 25 the equipment for more than 30 minutes. 26 (14) An event at a mine which causes death or bodily 27 injury to an individual not at the mine at the time the event 28 occurs. 29 "Active workings." All areas in a mine that are not sealed 30 and which must be ventilated and examined under this act. 20080S0949B2204 - 13 -
1 "Advisory committee." The Technical Advisory Committee on 2 Diesel-Powered Equipment. 3 "Approval." A written document, issued by the Department of 4 Environmental Protection, which states that a technology, 5 material, machinery, tool, process, plan, device, equipment, 6 facility, method, supply, accessory or other item meets the 7 requirements of this act or of regulations promulgated under 8 this act. 9 "Board." The Board of Coal Mine Safety. 10 "Certified individual." An individual who is qualified under 11 the provisions of this act and who holds a certificate from the 12 Department of Environmental Protection to perform a particular 13 duty in connection with the operation at a mine. The term 14 includes all of the following: 15 (1) Mine foreman. 16 (2) Assistant mine foreman. 17 (3) Mine examiner. 18 (4) Mine electrician. 19 (5) Machine runner. 20 (6) Shot-firer. 21 (7) Miner. 22 "Check survey." The term shall have the same meaning as 23 closed-loop survey. 24 "Closed-loop survey." The method of establishing the 25 accuracy of a mine survey by conducting a loop traverse to the 26 point of beginning or to a known point of another closed-loop 27 survey. The term does not include a double angle, double 28 distance survey unless that method is used to complete a closed- 29 loop survey. 30 "Coal-producing shift." A shift primarily intended for coal 20080S0949B2204 - 14 -
1 production rather than for purposes of construction, maintenance 2 and housekeeping even though some coal production may be 3 incident to such purposes. 4 "Department." The Department of Environmental Protection of 5 the Commonwealth. 6 "DPEP." Diesel-powered equipment package. 7 "Face." The solid coal at the inby end of a working place. 8 "Inactive workings." All portions of a mine in which 9 operations have been suspended for an indefinite period, but 10 have not been abandoned. 11 "Individual." Any natural person, partnership, association, <-- 12 corporation, firm, subsidiary of a corporation or other 13 organization. 14 "Interim mandatory safety standards." The safety standards 15 under Chapters 2 and 3. 16 "Lateral and face take-ups." The individual measurements 17 left and right of the entry center line used to depict the 18 physical location of the coal ribs and pillars. The lateral 19 take-ups define the intersections, pillars' corners and the 20 significant variations in all excavations. The face take-ups 21 define the limits of mining in all face areas in advance of the 22 last station spad. Face take-ups and lateral take-ups in the 23 face area are not to exceed a distance greater than 300 feet 24 from the last survey station spad. 25 "Lost-time injury." When an individual is unable to report 26 for work at the individual's regularly scheduled job on the 27 individual's next regularly scheduled work shift due to a work- 28 related injury. 29 "Mine." The shafts, slopes or drifts of an underground 30 bituminous coal mine, either under construction, in use or 20080S0949B2204 - 15 -
1 abandoned, connected with excavations penetrating or intended to
2 penetrate coal stratum or strata, which excavations are or were
3 ventilated by air currents and connected by a method of
4 transportation over which coal may be or was delivered to one or
5 more points outside the mine. The term shall not include any
6 surface coal mine.
7 "Mine examiner." An individual designated by the mine
8 foreman or superintendent to examine a mine for gas and other
9 dangers. The term shall include the title "fire boss."
10 "Mine foreman." An individual appointed by an operator or
11 superintendent to be in charge of all of the following:
12 (1) The inside workings of a mine.
13 (2) An individual in a mine.
14 (3) A visitor to the inside of a mine, except for
15 Federal and State Government representatives, mine inspectors
16 and other representatives.
17 "Mine official." Any of the following:
18 (1) Superintendent.
19 (2) Mine foreman.
20 (3) Assistant mine foreman.
21 (4) Mine examiner.
22 (5) Mine electrician.
23 "Miner." An individual who is certified by the Department of
24 Environmental Protection to work in an underground mine.
25 "MSHA." The Mine Safety and Health Administration within the
26 United States Department of Labor.
27 "NIOSH." The National Institute for Occupational Safety and
28 Health within the United States Department of Health and Human
29 Services.
30 "Operator." An owner, lessee or other individual PERSON who <--
20080S0949B2204 - 16 -
1 operates, controls or supervises a coal mine. 2 "Permissible explosives." Explosives approved for use in 3 mines by the Mine Safety and Health Administration, the National 4 Institute for Occupational Safety and Health or their 5 predecessor agencies, notwithstanding the date of the approval. 6 "Permit boundary." The limits of the mine as established by 7 the coal mine activity permit issued under the act of April 27, 8 1966 (1st Sp. Sess., P.L.31, No.1), known as The Bituminous Mine 9 Subsidence and Land Conservation Act. 10 "PERSON." ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION, <-- 11 CORPORATION, FIRM, SUBSIDIARY OF A CORPORATION OR OTHER 12 ORGANIZATION. 13 "Pointer spads." Additional spads set in the roof to 14 indicate the line of direction or bearing for future 15 excavations. Pointer spads may or may not be referenced in the 16 field notes. Pointer spads are not considered a permanent record 17 because they only indicate direction. 18 "Representative of the miners." A miner employed at the mine 19 who is authorized by a vote of two or more miners working at the 20 same mine to perform the duties specified in this act. 21 "Return air." Air that has ventilated the last working place 22 on any split of any working section or any worked-out area 23 whether pillared or nonpillared. The term shall include all of 24 the following: 25 (1) Air that mixes with air that has ventilated the last 26 working place on any split of any working section or any 27 worked-out area, whether pillared or nonpillared. 28 (2) Any air that has passed or ventilated seal areas. 29 "Secretary." The Secretary of Environmental Protection of 30 the Commonwealth or the designee of the secretary. 20080S0949B2204 - 17 -
1 "Shaft." A vertical opening through the strata that is or 2 may be used for the purpose of ventilation or drainage or for 3 hoisting men or material, or both, in connection with the mining 4 of coal or for other purposes related to mining. 5 "Shift." The scheduled period of work assigned to four or <-- 6 more miners by the operator. 7 "Slope and drift." An incline or opening used for the same 8 purpose as a shaft. 9 "Spad." A flat spike, firmly anchored in a hole drilled into 10 the mine ceiling from which is threaded a plumbline. 11 "Superintendent." An individual appointed by an operator to 12 manage a mine. 13 "Survey line." A representation of the line of survey from 14 survey station spad to survey station spad as shown on the 15 official mine map. 16 "Survey station spad." A permanent spad set in the roof that 17 has a unique identification number or designation. 18 "Underground bituminous coal mine." A mine and the surface 19 facilities that are physically connected to a mine, including 20 preparation plants and loadouts at a mine, in this Commonwealth 21 and not included in anthracite boundaries. 22 "Ventilation apparatus." All equipment, materials and 23 devices used to establish, provide or support movement of air 24 through a mine. 25 "Work area." Any place at a mine where work is being 26 performed. The term shall not include areas where individuals 27 are making examinations required under this act. 28 "Working place." The area in a mine from the last open 29 crosscut to and including the face. 30 "Working section." The area in a mine from the face 20080S0949B2204 - 18 -
1 extending back 1,000 feet. 2 "Year of experience." For the purposes of issuing 3 certifications under this act, the term shall mean working 240 4 eight-hour days or the hourly equivalent within a 12-month 5 period beginning with the first day of employment in a mine. 6 Section 105. Powers and duties of department. 7 The department shall have the power and duty to administer a 8 mine safety program for individuals employed at mines. The 9 department has the power and duty to do all of the following: 10 (1) Make inspections of public or private property as 11 are necessary or useful in determining compliance with the 12 provisions of this act, the rules and regulations promulgated 13 under this act and any order, approval or permit issued by 14 the department. The inspections may include examining or 15 copying any documents required by this act. 16 (2) Conduct investigations and interviews of individuals 17 at a mine or elsewhere. 18 (3) Issue orders to implement and enforce the provisions 19 of this act. 20 (4) Institute proceedings and actions to implement the 21 provisions and effectuate the purposes of this act, including 22 suits seeking equitable relief or declaratory judgments and 23 suits to recover costs incurred by the department. 24 (5) Institute prosecutions against the operator or his 25 agent for a violation of any provision of this act. 26 (6) Determine whether an individual is qualified to 27 carry out a particular function or duty at a mine and to 28 issue appropriate certification. 29 (7) Disqualify an individual whose conduct poses a 30 threat to the health and safety of those who work at mines or 20080S0949B2204 - 19 -
1 who interfere with the safe operation of any mine. 2 (8) Review and take appropriate action concerning safety 3 of miners and individuals in and about mines on all permit 4 applications submitted to the department. 5 (9) Receive and act upon complaints. 6 (10) Conduct, review and, if funds are allocated for 7 such purposes, commission scientific and other research 8 directed to the purposes of this act. 9 (11) Approve electrical equipment, machinery, materials, 10 methods and plans to be used at mines in this Commonwealth. 11 (12) Approve, on a mine-specific basis, the use of new 12 technology, methods, materials, machinery, equipment, 13 systems, tools, devices, processes and plans different from 14 those required or authorized under the provisions of this act 15 or the regulations promulgated under this act. The department 16 may only make approvals under this paragraph, if the approval 17 meets or exceeds the protections afforded under this act or 18 the regulations promulgated under this act. Approvals under 19 this paragraph shall have no precedent effect. All approvals 20 in effect as of the effective date of this paragraph shall 21 remain in effect unless suspended, modified or revoked by the 22 department. 23 (13) Respond to, coordinate and assist responses to mine 24 accidents and other emergencies. 25 (14) Establish a mine map repository. 26 (15) Serve as the agency of the Commonwealth for the 27 receipt of funds from the Federal Government or other public 28 agencies and expend the funds for studies and research with 29 respect to and for the enforcement and administration of the 30 purposes and provisions of this act and the regulations 20080S0949B2204 - 20 -
1 promulgated under this act. 2 (16) Assess civil penalties. 3 (17) Encourage and promote industry-based mine rescue 4 capabilities. 5 (18) Provide training for department personnel and 6 individuals who work in or who wish to work in the mining 7 industry. 8 (19) Administer, deposit and expend funds from the Mine 9 Safety Fund. 10 (20) Prepare and distribute to operators a mine 11 operator's questionnaire form. 12 (21) Perform any act not inconsistent with any provision 13 of this act, which it may deem necessary or proper for the 14 effective administration or enforcement of this act and the 15 rules or regulations promulgated under this act. 16 Section 106. Board of Coal Mine Safety. 17 (a) Establishment.--The Board of Coal Mine Safety is 18 established AND SHALL DEVELOP ALL OF THE FOLLOWING: <-- 19 (1) PROPOSED AMENDMENTS TO THE INTERIM MANDATORY SAFETY 20 STANDARDS. 21 (2) ADDITIONAL REGULATIONS WITH RESPECT TO MINE SAFETY 22 IF THE BOARD DETERMINES THAT EXISTING FEDERAL AND STATE 23 REGULATIONS DO NOT ADEQUATELY ADDRESS A SPECIFIC HAZARD. 24 (3) OTHER REGULATIONS AS SPECIFICALLY AUTHORIZED UNDER 25 THIS ACT. 26 (b) Composition.--The board shall consist of the secretary, 27 who shall be the chairperson, and the following members 28 appointed by the Governor: 29 (1) Three members who represent the viewpoint of the 30 coal mine operators in this Commonwealth. 20080S0949B2204 - 21 -
1 (2) Three members who represent the viewpoint of the 2 working miners in this Commonwealth. 3 (c) Terms.--All appointments shall be subject to the 4 following: 5 (1) The initial appointments after the effective date of 6 this section shall have staggered terms so that, for each 7 group of appointments under subsection (b), one member shall 8 serve a term of one year, one member shall serve a term of 9 two years and one member shall serve a term of three years. 10 All subsequent appointments shall be for terms of three 11 years. 12 (2) Members shall be eligible for reappointment. 13 (d) Representation.--For the initial appointments after the 14 effective date of this section, the following shall apply: 15 (1) The members appointed under subsection (b)(1) shall 16 be selected from a list containing six nominees submitted by 17 the major trade association representing coal mine operators 18 in this Commonwealth. 19 (2) The members appointed under subsection (b)(2) shall 20 be selected from a list containing six nominees submitted by 21 the highest-ranking official within the major labor 22 organization representing coal miners in this Commonwealth. 23 (e) Vacancies.--The following shall apply to vacancies on 24 the board: 25 (1) The members appointed under subsection (b)(1) shall 26 be selected from a list containing three nominees submitted 27 by the major trade association representing coal mine 28 operators in this Commonwealth. 29 (2) The members appointed under subsection (b)(2) shall 30 be selected from a list containing three nominees submitted 20080S0949B2204 - 22 -
1 by the highest-ranking official within the major labor 2 organization representing coal miners in this Commonwealth. 3 (f) Employment.--Members of the board may continue in 4 employment in the coal industry while serving on the board. 5 (g) Service.--Members shall serve at the pleasure of the 6 Governor. 7 (h) Compensation.--Members of the board shall be compensated 8 at the appropriate per diem rate based on the prevailing formula 9 administered by the Commonwealth, but not less than $150 per 10 day, plus reasonable expenses incurred while performing their 11 official duties. The compensation shall be adjusted annually by 12 the department to account for inflation based on the Consumer 13 Price Index published by the United States Department of Labor. 14 An individual board member may waive his or her right to all or 15 part of the compensation. 16 (i) Meetings.--The board shall meet within 180 days of the 17 effective date of this section for, at a minimum, organizational 18 purposes. Members of the board shall meet at least twice during 19 each calendar year or more often as may be necessary. 20 (j) Access.--In performing its functions, the board shall 21 have access to the services of the department. The department 22 shall make clerical support and assistance available to enable 23 the board to carry out its duties. 24 (k) Funding.--Funding for the operation of the board and 25 implementation of the provisions of this chapter shall be 26 derived from the general government appropriation of the 27 department. 28 (l) Nominations.--If a vacancy on the board occurs, 29 nominations and appointments shall be made in the following 30 manner: 20080S0949B2204 - 23 -
1 (1) In the case of an appointment to fill a vacancy, a 2 list of nominees under subsection (e) shall be requested by 3 and submitted to the Governor within 30 days after the 4 vacancy occurs by the major trade association or major labor 5 organization which nominated the individual whose seat on the 6 board is vacant. 7 (2) The vacancy shall be filled by the Governor within 8 30 days of the receipt of the list of nominees. 9 (m) Quorum.--A quorum of the board shall consist of five 10 members. Actions of the board must be approved by an affirmative 11 vote of at least five members. 12 Section 106.1. Rulemaking. 13 (a) Authority.--The board shall have the authority to 14 promulgate regulations that are necessary or appropriate to 15 implement the requirements of this act and to protect the 16 health, safety and welfare of miners and other individuals in 17 and about mines. 18 (b) Consideration.--The board shall consider promulgating as 19 regulations any Federal mine safety standards that are either: 20 (1) Existing as of the effective date of this section 21 and that are not included in interim mandatory safety 22 standards. 23 (2) New standards, except for standards concerning 24 diesel equipment, promulgated after the effective date of 25 this section. 26 (c) Regulations.--Within 250 days of the effective date of 27 this section, the board shall begin to consider the standards 28 under subsection (b)(1) for promulgation as regulations. If 29 final regulations are not promulgated by the board within three 30 years of the effective date of this section, the department may 20080S0949B2204 - 24 -
1 promulgate final regulations consistent with Federal standards. 2 (d) New standards.--Within 70 days of the effective date of 3 new mine safety standards under subsection (b)(2), the board 4 shall begin to consider standards for promulgation as 5 regulations. If the regulations are not promulgated as final by 6 the board within three years of the effective date of the 7 promulgation of the new standards, the department may promulgate 8 final regulations consistent with Federal standards. 9 (e) Justification for regulations.--Regulations shall be 10 based upon consideration of the latest scientific data in the 11 field, the technical feasibility of standards, experience gained 12 under this and other safety statutes, information submitted to 13 the board in writing by any interested person or the 14 recommendation of any member of the board, if the board 15 determines that a regulation should be developed in order to 16 serve the objectives of this act. 17 (f) Topic.--Without limiting the scope of the board's 18 authority under this section, regulations may address any of the 19 following: 20 (1) Revisions to an interim mandatory safety standard to 21 address a new technology or method of mining. 22 (2) Hazards not addressed by existing safety standards. 23 (3) The identification of positions not listed under 24 this act requiring a certificate of qualification. 25 (4) The establishment of fees for services in amounts 26 sufficient to cover the department's costs of administering 27 this act. The fees established by the board may be increased 28 each year after implementation by the percentage, if any, by 29 which the Consumer Price Index for the most recent calendar 30 year exceeds the Consumer Price Index for the calendar year 20080S0949B2204 - 25 -
1 1989. For the purposes of this paragraph, the Consumer Price 2 Index for any calendar year shall mean the average of the 3 Consumer Price Index for All Urban Consumers, published by 4 the United States Department of Labor, as of the close of the 5 12-month period ending on August 31 of each calendar year. 6 (g) Safety.--No regulation promulgated by the board shall 7 reduce or compromise the level of safety or protection afforded 8 mine workers under this act. The department may disapprove a 9 final regulation approved by the board which the department 10 determines would reduce or compromise the level of safety or 11 protection afforded mine workers under this act if the 12 department describes the basis for the disapproval. 13 (h) Miner Act.--With regard to the adoption of Federal 14 standards established pursuant to the Mine Improvement and New 15 Emergency Response Act of 2006 (Public Law 109-236, 120 Stat. 16 493), the following shall apply: 17 (1) The board is specifically authorized to promulgate 18 regulations that the board deems appropriate, including 19 accelerated compliance schedules and additional requirements. 20 (2) The board shall consider promulgating regulations 21 regarding flammability standards for conveyor belts. 22 (3) If MSHA fails to promulgate regulations regarding 23 emergency shelters and chambers, the board shall promulgate 24 regulations. 25 (4) Regulations shall be no less stringent than the 26 Federal mine safety standards 27 (i) Action.--The board shall take action on the tests and 28 evaluations performed by the mining industry under section 29 334(b) and (c). 30 (j) Fees.--The department may set reasonable interim fees 20080S0949B2204 - 26 -
1 pending adoption of fee regulations under this section. 2 Section 106.2. Emergency shelters and chambers. 3 The board's emergency shelter or chamber regulations shall 4 consider all of the following: 5 (1) Provide a minimum of 48 hours of life support, 6 including air, water, emergency medical supplies and food, 7 for the maximum number of miners reasonably expected to be on 8 the working section. 9 (2) Be capable of surviving an initial event with a peak 10 over pressure of 15 pounds per square inch for three seconds 11 and a flash fire, as defined by National Fire Protection 12 Association standard NFPA-2113, of 300 degrees Fahrenheit for 13 three seconds. 14 (3) Be constructed in a manner that the emergency 15 shelter or chamber will be protected under normal handling 16 and pre-event mine conditions. 17 (4) Provide for rapidly establishing and maintaining an 18 internal shelter atmosphere of oxygen above 19.5%, carbon 19 dioxide below 0.5%. 20 (5) Provide for carbon monoxide below 50 parts per 21 million and an apparent-temperature of 95 degrees Fahrenheit. 22 (6) Provide the ability to monitor carbon monoxide and 23 oxygen inside and outside the shelter or chamber. 24 (7) Provide a means for entry and exit that maintains 25 the integrity of the internal atmosphere. 26 (8) Provide a means for MSHA-certified intrinsically 27 safe power if power is required. 28 (9) Provide a minimum of eight quarts of water per 29 miner. 30 (10) Provide a minimum of 4,000 calories of food per 20080S0949B2204 - 27 -
1 miner. 2 (11) Provide a means for disposal of human waste to the 3 outside of the shelter or chamber. 4 (12) Provide a first aid kit. 5 (13) Have provisions for inspection of the shelter or 6 chamber and its contents. 7 (14) Contain manufacturer-recommended repair materials. 8 (15) Provide a battery-powered, occupant-activated 9 strobe light, of a model approved by the board, that is 10 visible from the outside indicating occupancy. 11 (16) Provide provisions for communication to the 12 surface. 13 (17) Provide proof of current approval for all items and 14 materials subject to approval. 15 Section 106.3. Notice to operators and miners. 16 The department shall send a copy in writing or electronically 17 of every proposed regulation and final regulation, at the time 18 of publication in the Pennsylvania Bulletin, to the operator of 19 each mine and, where applicable, the representative of the 20 miners at the mine, and the copy shall be immediately posted on 21 the bulletin board of the mine by the operator or the operator's 22 agent. Failure to receive the notice shall not invalidate the 23 final regulation or relieve anyone of the obligation to comply 24 with final regulation. 25 Section 106.4. Standards for surface facilities. 26 The department shall use the applicable standards contained 27 in 30 CFR Part 77 (relating to mandatory safety standards, 28 surface coal mines and surface work areas of underground coal 29 mines) regarding the sinking of shafts and slopes and surface 30 facilities that are part of mines, pending promulgation of 20080S0949B2204 - 28 -
1 regulations by the board regarding those activities and
2 facilities.
3 Section 107. Safety issues.
4 The department shall consider the safety of miners in
5 reviewing and acting on applications for permits issued to and
6 for mines and shall include conditions addressing safety in
7 issuing the permits. If the department determines that any
8 aspect of the contemplated activity at an existing or proposed
9 mine might constitute a threat to the health and safety of
10 miners or individuals in and about mines, the department shall
11 require the applicant or operator to eliminate the threat. If
12 the applicant or operator does not eliminate the threat to the
13 department's satisfaction, the department shall deny the
14 application or applications or shall unilaterally modify the
15 terms of the permit or suspend or revoke the permit.
16 Section 108. Inspections.
17 (a) Frequency and purpose.--The department shall make <--
18 frequent inspections of mines. Each mine shall be inspected at
19 least semiannually for electrical purposes and at least
20 quarterly for general purposes. Inspections shall be conducted
21 more frequently when the department determines that more
22 frequent inspections are necessary or desirable. Inspections
23 shall be conducted for the purposes of:
24 (1) Obtaining, utilizing and disseminating information
25 relating to health and safety conditions, the causes of
26 accidents and the causes of diseases and physical impairments
27 originating in mines.
28 (2) Gathering information with respect to health or
29 safety standards established or regulations promulgated under
30 this act.
20080S0949B2204 - 29 -
1 (3) Determining whether a danger exists. 2 (4) Determining whether the mine is in compliance with 3 the provisions of this act, the mine safety regulations and 4 any order, permit or decision issued by the department under 5 this act. 6 (b) Accompaniment.--A representative of the operator and a <-- 7 representative of the miners shall be given the opportunity to 8 accompany the department during the physical inspection of any 9 coal mine or coal facility, including preparation plants, shops, 10 coal handling facilities and all other areas associated with the 11 coal mining operation, made pursuant to this act. The purpose of 12 this accompaniment is to aid the inspection and to participate 13 in all preinspection and post-inspection closeouts and 14 conferences and other activities required of the department 15 under this act. The representative of the miners shall suffer no 16 loss of pay during the period of participation in the 17 inspection. Where there is no authorized representative of the 18 miners, the department shall meet with no fewer than two miners 19 concerning health and safety at the mine. To the extent the 20 department determines more than one representative from each 21 party would further aid the inspection, the department may 22 permit each party to have an equal number of additional 23 representatives. For purposes of this subsection, the 24 designation of the representative of miners shall be made in 25 accordance with 30 CFR Pt. 40 (relating to representative of 26 miners). 27 Section 109. Accidents. 28 (a) Duties of operator.--In the event of an accident 29 occurring at a mine, an operator shall do all of the following: 30 (1) Notify the department no later than 15 minutes of 20080S0949B2204 - 30 -
1 discovery of the accident. 2 (2) Take appropriate measures to prevent the destruction 3 of evidence which would assist in investigating the cause of 4 the accident. Unless granted permission by the department, no 5 operator may alter an accident site or an accident-related 6 area until completion of all investigations pertaining to the 7 accident, except to rescue any individual and prevent 8 destruction of mine equipment. 9 (3) Obtain the approval of the department for any plan 10 to recover an individual in the mine, to recover the coal 11 mine or to return the affected areas of the mine to normal 12 operations. 13 (4) Conduct its own investigation of the accident and 14 develop a written report of the investigation. The report 15 shall include all of the following: 16 (i) The date and hour of the accident. 17 (ii) The date the investigation began. 18 (iii) The names of the individuals participating in 19 the investigation. 20 (iv) A description of the accident site. 21 (v) An explanation of the accident or injury, 22 including a description of any equipment involved and 23 relevant events before and after the accident. 24 (vi) An explanation of the cause of the accident. 25 (vii) An explanation of the cause of any injury 26 sustained due to the accident. 27 (viii) The name, occupation and experience of any 28 miner involved in the accident. 29 (ix) A sketch depicting the accident, including 30 dimensions where pertinent. 20080S0949B2204 - 31 -
1 (x) A description of steps taken to prevent a 2 similar accident in the future. 3 (b) Duties of department.--In the event of an accident 4 occurring at a mine, the department shall do all of the 5 following: 6 (1) Take whatever action it deems appropriate, including 7 the issuance of orders, to protect the life, health or safety 8 of an individual, including coordinating and assisting rescue 9 and recovery activities in the mine. 10 (2) Promptly decide whether to conduct an investigation 11 of the accident and inform the operator and the 12 representative of the miners of its decision. 13 (c) Report.--Each operator shall report to the department 14 each accident and lost-time injury. 15 (1) The operator shall report within ten working days of 16 the accident or lost-time injury. An operator may meet the 17 requirements of this paragraph by submitting a copy of the 18 MSHA Mine Accident, Injury and Illness Report Form 7000-1 19 required by 30 CFR § 50.20 (relating to preparation and 20 submission of MSHA Report Form 7000-1--Mine Accident, Injury, 21 and Illness Report) in use on the date of the accident. 22 (2) Each accident and lost-time injury shall be reported 23 on a separate form. If more than one miner is injured in the 24 same accident, the operator shall submit a separate form for 25 each miner affected. 26 Section 110. Mine officials' certification. 27 (a) Administration.--After evaluating the examinations, the 28 department shall issue certificates to those candidates who have 29 met the established criteria for each certification category. 30 (b) Committee.-- 20080S0949B2204 - 32 -
1 (1) The department shall appoint a committee to annually 2 review and update the department's database of examination 3 questions and answers. The committee shall be made up of an 4 equal number of persons representing the viewpoints of the 5 department, operators and miners. 6 (2) Members of the committee shall be compensated in the 7 same manner as members of the board under section 106(h). An 8 individual committee member may waive the right to all or 9 part of the compensation under this paragraph. 10 (3) Members of the committee shall, after the committee 11 has been duly organized, take and subscribe the following 12 oath before an officer authorized to administer oaths: 13 We, the undersigned, do solemnly swear that we will 14 perform the duties of members of this committee, and we 15 will not divulge or make known to an individual any 16 question prepared for the mine officials, or in any 17 manner assist any applicant to pass the examination. 18 (c) Confidential records.--Records pertaining to 19 certification examinations shall not constitute a public record 20 under the act of June 21, 1957 (P.L.390, No.212), referred to as 21 the Right-to-Know Law. 22 Section 111. Classification of mines as gassy. 23 Notwithstanding any other provision of law, the distinction 24 between gassy and nongassy mines is eliminated, and all 25 underground bituminous mines shall comply with the requirements 26 for gassy mines. 27 Section 112. Reports. 28 (a) Questionnaire.--The operator of an underground mine 29 shall submit to the department a completed or revised deep mine 30 questionnaire in the following instances: 20080S0949B2204 - 33 -
1 (1) Prior to the commencement of any work for the 2 purpose of opening of a new underground mine or reopening an 3 underground mine that has closed. 4 (2) Upon change of the information reflected on the most 5 recently submitted operator's questionnaire. 6 (a.1) Notice.--Upon discontinuance of the operation of an 7 underground mine, the operator shall immediately notify the 8 department. 9 (b) Quarterly reports.-- 10 (1) Each operator of an active mine shall submit 11 quarterly reports within 15 days after the end of each 12 quarter. The report shall contain information reflecting the 13 activities of the previous quarter and shall include all of 14 the following: 15 (i) The name and address of the mine. 16 (ii) Identification of the mine superintendent and 17 mine foreman. 18 (iii) The employment, employee hours and coal 19 production statistics for the mine. 20 (iv) A detailed description of the reportable 21 injuries or accidents that occurred at the mine. 22 (2) An operator may meet the requirements of paragraph 23 (1) by submitting a copy of the MSHA Quarterly Employment and 24 Coal Production Report in use on the date of the quarterly 25 report. 26 (c) Corrections.--By February 15 of each year, an operator 27 must submit any corrections to the quarterly reports submitted 28 during the prior year and must certify the accuracy of the 29 corrected quarterly reports. 30 (d) Additional duties.--In addition to any records required 20080S0949B2204 - 34 -
1 under this act, a mine operator shall establish and maintain 2 records, make reports and provide information as the department 3 may require from time to time. The department is authorized to 4 compile, analyze and publish, either in summary or detail form, 5 the reports or information obtained. All records, information, 6 reports, findings, notices, orders or decisions required or 7 issued pursuant to or under this act may be published from time 8 to time, may be released to any interested person and shall 9 constitute a public record under the act of June 21, 1957 10 (P.L.390, No.212), referred to as the Right-to-Know Law. 11 (e) Copies.--An operator of a mine shall maintain a copy of 12 the reports required by this section at the mine office closest 13 to the mine for a period of not less than five years after 14 submission of the reports. 15 Section 113. Mine rescue program. 16 (a) Establishment.--The department is authorized to 17 establish and administer a mine rescue program for mines not 18 able to provide a mine rescue crew for themselves. The 19 department shall establish a program to do the following: 20 (1) Instruct mine employees how to care for individuals 21 injured in and about the mines. 22 (2) Train mine employees who may voluntarily seek 23 training in the use of self-contained breathing apparatus, 24 gas masks, first aid to the injured and other things or 25 practices essential to the safe and efficient conduct of the 26 work of first aid and mine rescue. 27 (b) Equipment.--The department shall purchase and maintain 28 adequate quantities of emergency response vehicles, specialized 29 equipment, supplies and services necessary to assure rapid and 30 effective response to mine emergencies, including mine fires, 20080S0949B2204 - 35 -
1 mine explosions, mine inundations, entrapments and mine recovery 2 operations. 3 (c) Contracts.--In the event of an emergency response, the 4 department may use the emergency contracting provisions of 62 5 Pa.C.S. § 516 (relating to emergency procurement) to lease 6 additional services or equipment as is needed to respond to a 7 mine emergency. The department, with the consent of the 8 Governor, may use funds available to the Commonwealth for the 9 purpose of responding to a mine emergency. 10 Section 114. Direction of mine rescue work. 11 The department shall coordinate and assist in all responses 12 to a mine emergency conducted in this Commonwealth. The extent 13 of coordination and assistance shall depend on the nature of the 14 mine emergency and the operator's ability to respond to the mine 15 emergency. This authority shall include directing responses to 16 mine emergencies and assigning mine rescue crews and mine rescue 17 and recovery work to mine inspectors or other qualified 18 employees of the department. 19 Section 115. Recovery of funds. 20 The department is authorized to seek from an operator 21 reimbursement of funds expended by the department to rent 22 equipment and obtain services in responding to a mine emergency. 23 Section 116. Mine Safety Fund. 24 There is created a special fund known as the Mine Safety 25 Fund. All moneys received by the department under this act and 26 all moneys recovered from operators for expenses incurred in 27 responding to a mine emergency shall be deposited by the State 28 Treasurer into the Mine Safety Fund. All moneys deposited in the 29 fund are hereby appropriated, upon approval of the Governor, to 30 the department for mine safety activities and the administration 20080S0949B2204 - 36 -
1 of this act. 2 Section 117. Bituminous mine inspector. 3 Notwithstanding the act of August 5, 1941 (P.L.752, No.286), 4 known as the Civil Service Act, in order to become eligible for 5 employment as a bituminous mine inspector, an individual must, 6 at a minimum, meet the following qualifications: 7 (1) Be a resident of this Commonwealth. 8 (2) Be an individual of good moral character and known 9 temperate habits. 10 (3) Be physically capable of entering and inspecting a 11 coal mine. 12 (4) Have at least a high school diploma. 13 (5) Be at least 30 years of age. 14 (6) Have had at least ten years' experience in an 15 underground bituminous coal mine. 16 (7) Hold a current, valid certificate as a bituminous 17 mine foreman, assistant mine foreman or mine examiner. 18 (8) Pass, with at least a score of 90%, the mine 19 inspector's examination as conducted by the State Civil 20 Service Commission in accordance with the Civil Service Act. 21 Section 118. Bituminous mine electrical inspector. 22 Notwithstanding the act of August 5, 1941 (P.L.752, No.286), 23 known as the Civil Service Act, in order to become eligible for 24 employment as a bituminous mine electrical inspector, an 25 individual must meet at least the following qualifications: 26 (1) Be a resident of this Commonwealth. 27 (2) Be an individual of good moral character and known 28 temperate habits. 29 (3) Be physically capable of entering and inspecting a 30 coal mine. 20080S0949B2204 - 37 -
1 (4) Have at least a high school diploma. 2 (5) Be at least 30 years of age. 3 (6) Have had at least ten years' experience in an 4 underground bituminous coal mine. 5 (7) Hold a current, valid certificate as a bituminous 6 mine electrician. 7 (8) Pass, with at least a score of 90%, the mine 8 electrical inspector's examination as conducted by the State 9 Civil Service Commission in accordance with the Civil Service 10 Act. 11 Section 119. Availability of mine maps. 12 (a) Authorization.--The department is authorized and 13 directed to obtain and copy all maps of mining conducted in this 14 Commonwealth. 15 (b) Inspection and copying.--An individual who has 16 possession of a mine map shall make the map available to the 17 department for inspection and copying. The map shall be returned 18 to its owner within 30 days. 19 (c) Liability.--No individual shall, solely on the basis of 20 supplying a mine map to the department, be attributed or 21 divested of liability. 22 Section 120. Mine map repository. 23 The department shall develop and maintain a repository of all 24 mine maps it has obtained or has had an opportunity to copy. The 25 department shall organize and catalog the mine maps in the 26 repository to enable the department, other government agencies, 27 mine operators and the general public to review the mine maps 28 and to determine the location of mine workings. All mine maps 29 and copies of mine maps held by the department shall be open for 30 public inspection and made available for review upon request 20080S0949B2204 - 38 -
1 during the department's normal business hours. 2 Section 121. Applicability. 3 The provisions of Chapters 2 and 3 shall not apply to the 4 construction of shafts and slopes. 5 CHAPTER 2 6 GENERAL REQUIREMENTS FOR UNDERGROUND BITUMINOUS MINES 7 Section 201. General safety requirements. 8 The following are general safety requirements: 9 (1) All work must be performed in a safe manner. 10 (2) All equipment must be maintained in safe operating 11 condition. 12 (3) No individual shall be employed as a mine foreman, 13 assistant mine foreman, mine examiner, mine electrician, 14 mining machine operator, shot-firer or miner unless that 15 individual holds a current, valid certification from the 16 department to work in that capacity. An individual who holds 17 a current, valid certification to be a mine foreman may also 18 work as an assistant mine foreman or mine examiner. Only a 19 mine official shall direct the work force in matters 20 involving the safety of employees. An individual who holds a 21 current, valid certification as an assistant mine foreman may 22 also work as a mine examiner. 23 (4) It shall be the duty of the operator and all mine 24 officials to comply with and see that others comply with the 25 provisions of this act, the regulations promulgated pursuant 26 to this act, all orders and approvals and the safety 27 conditions in permits issued to the mine. It shall also be 28 the duty of the operator and all mine officials to cooperate 29 with the department in implementing the provisions of this 30 act and effectuating the purposes of this act. 20080S0949B2204 - 39 -
1 (5) The operator and all mine officials shall comply 2 with and follow all mining plans, approvals and orders issued 3 by the department, rules and regulations of the operator, all 4 provisions of law that are in harmony with this act and all 5 other applicable laws. The operator is responsible for 6 assuring that all activities in and around the mine, 7 including those conducted by contractors, are conducted in 8 compliance with this act, regulations promulgated under this 9 act, approvals and orders issued by the department and any 10 safety conditions included in permits. 11 (6) During coal production, an assistant mine foreman 12 shall be assigned to only one working section. The assistant 13 mine foreman shall supervise individuals engaged in the coal- 14 cutting operation. The assistant mine foreman may perform 15 additional duties provided that he spends a majority of his 16 time supervising individuals engaged in the coal-cutting 17 operation. 18 (7) Every superintendent, mine foreman, assistant mine 19 foreman, mine electrician and mine examiner shall represent 20 the Commonwealth in the mine in which he is employed and 21 shall be deemed an officer of the Commonwealth in enforcing 22 the provisions of this act and performing the mine official's 23 duties under this act. The superintendent, mine foreman, 24 assistant mine foreman, mine electrician or mine examiner 25 shall perform these duties during such times as the mine is 26 in operation and at such other times as the department deems 27 to be necessary or appropriate to make the mine safe and to 28 protect the health and safety of those who work in and around 29 the mine. 30 Section 202. Qualifications for certification. 20080S0949B2204 - 40 -
1 (a) Qualifications for mine foremen.--Applicants for <-- 2 certificates of qualification as mine foremen and mine 3 electricians shall: 4 (1) Be citizens of the United States. 5 (2) Be of good moral character and of known temperate 6 habits. 7 (3) Be at least 23 years of age. 8 (4) Have no fewer than five years of practical 9 experience after turning 18 years of age, as miners or mining 10 engineers or men of general work. This experience shall 11 include three years' experience in working sections in 12 underground bituminous coal mines. Individuals graduating 13 with a bachelor's degree in civil engineering, electrical 14 engineering or mining engineering or an associate degree in a 15 mining engineering course of study at a recognized 16 institution of learning may, after examination, be granted 17 certificates of qualification by an examining board as mine 18 foremen and mine electricians, provided the graduates have an 19 aggregate of no fewer than three years' practical experience 20 as miners or men of general work or mining engineers, in 21 underground bituminous coal mines in the working section. 22 (b) Qualifications for assistant mine foremen.--Applicants 23 for certificates of qualification as assistant mine foremen 24 shall: 25 (1) Be citizens of the United States. 26 (2) Be of good moral character and of known temperate 27 habits. 28 (3) Have at least four years of practical experience, 29 with at least three years' experience in working sections, 30 after turning 18 years of age, as miners or mining engineers 20080S0949B2204 - 41 -
1 or men of general work, in underground bituminous coal mines. 2 Individuals graduating with a bachelor's degree in civil 3 engineering, electrical engineering or mining engineering, or 4 an associate degree in a mining engineering course of study 5 at a recognized institution of learning may, after 6 examination, be granted certificates of qualification by an 7 examining board as assistant mine foremen, provided the 8 graduates have an aggregate of no fewer than three years of 9 practical experience as miners or mining engineers or men of 10 general work, in underground bituminous coal mines in working 11 sections. 12 (c) Qualifications for mine examiners.--Applicants for 13 certificates of qualification as mine examiners shall: 14 (1) Be citizens of the United States. 15 (2) Be of good moral character and of known temperate 16 habits. 17 (3) Have at least three years of practical experience 18 after turning 18 years of age, as miners or mining engineers 19 or men of general work, in underground bituminous coal mines 20 in working sections. 21 (d) Other qualifications.--All applicants shall: 22 (1) Be able to read and write the English language. 23 (2) Furnish the board with certificates as to their 24 character and temperate habits. 25 (3) Provide a notarized statement from previous 26 employers setting forth the length of service and type of 27 work performed in each mine. 28 (e) Qualifications for mine foremen certificates.-- 29 Certificates of qualification as mine foremen shall be granted 30 to individuals who have: 20080S0949B2204 - 42 -
1 (1) Given the examining board satisfactory evidence of 2 their ability to perform the duties of mine foremen. 3 (2) Received training by individuals approved by the 4 department in determining the presence of explosive and 5 noxious gases and in the use and mechanics of all gas 6 detection devices. 7 (3) Received an average of at least 80% in the 8 examination. 9 (f) Qualifications for assistant mine foreman 10 certificates.--Certificates of qualification as assistant mine 11 foremen shall be granted to persons who have: 12 (1) Given the examining board satisfactory evidence of 13 their ability to perform the duties of assistant mine 14 foremen. 15 (2) Received training by individuals approved by the 16 department in determining the presence of explosive and 17 noxious gases and in the use and mechanics of all gas 18 detection devices. 19 (3) Received an average of at least 70% in the 20 examination. 21 (g) Qualifications for mine examiner certificates.--Mine 22 examiner certificates shall be granted to individuals who have: 23 (1) Given the examining board satisfactory evidence of 24 their ability to perform the duties of mine examiners. 25 (2) Have received training by individuals approved by 26 the department in determining the presence of explosive and 27 noxious gases and in the use and mechanics of all gas 28 detection devices. 29 (3) Received an average of at least 75% in the mine 30 examiners examination. 20080S0949B2204 - 43 -
1 (h) Qualifications for a mine electrician certificates.-- 2 Certificates of qualification for mine electricians shall be 3 granted to individuals who have: 4 (1) Given the examining board satisfactory evidence of 5 their ability to perform the duties of mine electrician. 6 (2) Have received training by individuals approved by 7 the department in determining the presence of explosive and 8 noxious gases and in the use and mechanics of all gas 9 detection devices. 10 (3) Received an average of 75% in the examination for 11 mine electricians. 12 (i) Oral examinations and additional training.--All 13 applicants who have satisfactorily passed a written examination 14 shall also satisfactorily pass an oral examination, and after 15 being certified but before assuming their duties as mine 16 foremen, mine electricians, assistant mine foremen or mine 17 examiners, shall accompany a certified mine foreman or a 18 certified assistant mine foreman while executing the duties of 19 their position for the entire shift for a period of not less 20 than ten full working shifts for training purposes in accordance 21 with a training program submitted by the operator and approved 22 by the department. Applicants who have previously obtained a 23 certificate need not undergo this training. The record of the 24 training given under this section shall be maintained at the 25 mine. 26 (A) GENERAL REQUIREMENTS.-- <-- 27 (1) EXCEPT AS SET FORTH UNDER PARAGRAPH (2), IN ORDER TO 28 BE ELIGIBLE TO SIT FOR A CERTIFICATION EXAMINATION, THE 29 FOLLOWING SHALL APPLY: 30 (I) AN APPLICANT MUST DEMONSTRATE THE FOLLOWING 20080S0949B2204 - 44 -
1 LEVELS OF WORK EXPERIENCE IN AN UNDERGROUND BITUMINOUS 2 COAL MINE: 3 (A) MINE FOREMAN OR MINE ELECTRICIAN, FIVE 4 YEARS. 5 (B) ASSISTANT MINE FOREMAN, FOUR YEARS. 6 (C) MINE EXAMINER, THREE YEARS. 7 (II) FOR EACH CERTIFICATION CATEGORY IN SUBPARAGRAPH 8 (I), A MINIMUM OF TWO YEARS' EXPERIENCE MUST HAVE BEEN IN 9 A WORKING SECTION. 10 (2) IF AN APPLICANT HOLDS A BACHELOR'S DEGREE IN MINING 11 ENGINEERING OR AN ASSOCIATE DEGREE IN MINING TECHNOLOGY FROM 12 A RECOGNIZED INSTITUTION OF HIGHER EDUCATION IN THE CASE OF A 13 MINE FOREMAN, ASSISTANT MINE FOREMAN OR MINE EXAMINER, OR A 14 BACHELOR'S DEGREE IN ELECTRICAL ENGINEERING OR AN ASSOCIATE 15 DEGREE IN ELECTRICAL TECHNOLOGY FROM A RECOGNIZED INSTITUTION 16 OF HIGHER EDUCATION IN THE CASE OF A MINE ELECTRICIAN, IN 17 ORDER TO BE ELIGIBLE TO SIT FOR A CERTIFICATION EXAMINATION, 18 THE FOLLOWING SHALL APPLY: 19 (I) AN APPLICANT MUST DEMONSTRATE THE FOLLOWING 20 LEVELS OF WORK EXPERIENCE IN AN UNDERGROUND BITUMINOUS 21 COAL MINE: 22 (A) MINE FOREMAN OR MINE ELECTRICIAN, FOUR 23 YEARS. 24 (B) ASSISTANT MINE FOREMAN, THREE YEARS. 25 (C) MINE EXAMINER, TWO YEARS. 26 (II) FOR EACH CERTIFICATION CATEGORY IN SUBPARAGRAPH 27 (I), A MINIMUM OF ONE YEAR'S EXPERIENCE MUST HAVE BEEN IN 28 A WORKING SECTION. 29 (B) ADDITIONAL REQUIREMENTS.--THE FOLLOWING ADDITIONAL 30 REQUIREMENTS SHALL APPLY: 20080S0949B2204 - 45 -
1 (1) ALL APPLICANTS SHALL BE ABLE TO READ AND WRITE THE 2 ENGLISH LANGUAGE INTELLIGENTLY, AND SHALL FURNISH THE 3 DEPARTMENT WITH CERTIFICATES AS TO THEIR CHARACTER AND 4 TEMPERATE HABITS, AND A NOTARIZED STATEMENT FROM PREVIOUS 5 EMPLOYERS SETTING FORTH THE LENGTH OF SERVICE AND TYPE OF 6 WORK PERFORMED IN THE DIFFERENT MINES. 7 (2) CERTIFICATES OF QUALIFICATION AS MINE FOREMEN SHALL 8 BE GRANTED TO INDIVIDUALS WHO HAVE GIVEN TO THE DEPARTMENT 9 SATISFACTORY EVIDENCE OF THEIR ABILITY TO PERFORM THE DUTIES 10 OF MINE FOREMAN AND WHO HAVE RECEIVED TRAINING BY INDIVIDUALS 11 APPROVED BY THE DEPARTMENT IN DETERMINING THE PRESENCE OF 12 EXPLOSIVE AND NOXIOUS GASES, AND IN THE USE AND MECHANICS OF 13 ALL GAS DETECTION DEVICES, AND WHO HAVE RECEIVED AN AVERAGE 14 OF AT LEAST 80% IN THE EXAMINATION. 15 (3) CERTIFICATES OF QUALIFICATION AS ASSISTANT MINE 16 FOREMEN SHALL BE GRANTED TO INDIVIDUALS WHO HAVE GIVEN TO THE 17 DEPARTMENT SATISFACTORY EVIDENCE OF THEIR ABILITY TO PERFORM 18 THE DUTIES OF ASSISTANT MINE FOREMAN AND WHO HAVE RECEIVED 19 TRAINING BY INDIVIDUALS APPROVED BY THE DEPARTMENT IN 20 DETERMINING THE PRESENCE OF EXPLOSIVE AND NOXIOUS GASES, AND 21 IN THE USE AND MECHANICS OF ALL GAS DETECTION DEVICES, AND 22 WHO HAVE RECEIVED AN AVERAGE OF AT LEAST 70% IN THE 23 EXAMINATION. 24 (4) CERTIFICATES OF QUALIFICATION AS MINE EXAMINERS 25 SHALL BE GRANTED TO INDIVIDUALS WHO HAVE GIVEN TO THE 26 DEPARTMENT SATISFACTORY EVIDENCE OF THEIR ABILITY TO PERFORM 27 THE DUTIES OF MINE EXAMINERS AND WHO HAVE RECEIVED TRAINING 28 BY INDIVIDUALS APPROVED BY THE DEPARTMENT IN DETERMINING THE 29 PRESENCE OF EXPLOSIVE AND NOXIOUS GASES, AND IN THE USE AND 30 MECHANICS OF ALL GAS DETECTION DEVICES, AND WHO HAVE RECEIVED 20080S0949B2204 - 46 -
1 AN AVERAGE OF AT LEAST 75% IN THE MINE EXAMINERS EXAMINATION. 2 (5) CERTIFICATES OF QUALIFICATION AS MINE ELECTRICIAN 3 SHALL BE GRANTED TO INDIVIDUALS WHO HAVE GIVEN TO THE 4 DEPARTMENT SATISFACTORY EVIDENCE OF THEIR ABILITY TO PERFORM 5 THE DUTIES OF MINE ELECTRICIAN AND RECEIVED TRAINING BY 6 INDIVIDUALS APPROVED BY THE DEPARTMENT IN DETERMINING THE 7 PRESENCE OF EXPLOSIVE AND NOXIOUS GASES, AND IN THE USE AND 8 MECHANICS OF ALL GAS DETECTION DEVICES, AND WHO HAVE RECEIVED 9 AN AVERAGE OF 75% IN THE MINE ELECTRICIAN'S EXAMINATION. 10 (6) CERTIFICATES OF QUALIFICATION OR SERVICE GRANTED 11 PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL HAVE EQUAL 12 VALUE WITH CERTIFICATES OF QUALIFICATION GRANTED UNDER THIS 13 ACT. 14 (7) ALL APPLICANTS WHO HAVE SATISFACTORILY PASSED 15 EXAMINATIONS, AFTER BEING CERTIFIED BUT BEFORE ASSUMING THEIR 16 DUTIES AS MINE FOREMEN, MINE ELECTRICIANS, ASSISTANT MINE 17 FOREMEN OR MINE EXAMINERS, SHALL ACCOMPANY A CERTIFIED MINE 18 FOREMAN OR CERTIFIED ASSISTANT MINE FOREMAN FOR NOT LESS THAN 19 TWO WEEKS FOR TRAINING PURPOSES IN ACCORDANCE WITH A TRAINING 20 PROGRAM SUBMITTED BY THE OPERATOR AND APPROVED BY THE 21 DEPARTMENT. ANY APPLICANT WHO HAS BEEN GRANTED A MINE 22 OFFICIAL CERTIFICATE PRIOR TO THE EFFECTIVE DATE OF THIS ACT 23 NEED NOT UNDERGO THIS TRAINING. THE RECORD OF SUCH TRAINING 24 SHALL BE MAINTAINED AT THE MINE. 25 Section 203. Emergency use of mine examiner as assistant mine 26 foreman. 27 The mine foreman may appoint a mine examiner who is willing 28 to act as assistant mine foreman for not more than one month if 29 all of the following apply: 30 (1) There is an emergency. As used in this paragraph, 20080S0949B2204 - 47 -
1 the term "emergency" means a condition which could not have 2 been foreseen and requires immediate action. 3 (2) There is no assistant mine foreman available in the 4 mine who is willing to act as an assistant mine foreman. 5 (3) A mine foreman may act as an assistant mine foreman, 6 a mine examiner or a miner. An assistant mine foreman may act 7 as a mine examiner or a miner. A mine examiner may act as a 8 miner. 9 (4) Foreman trainees, where used, shall not direct the 10 work force in matters involving directly or indirectly the 11 safety of employees nor make tests or examinations required 12 to be made by mine officials. 13 Section 204. Certification of miners. 14 No individual shall be employed or engaged as a miner in any 15 bituminous coal mine in this Commonwealth without first having 16 obtained a certificate of competency and qualification, except 17 that any miner holding such certificate may have a maximum of 18 two individuals working under his direction as noncertified 19 miners for the purpose of learning the business of mining, and 20 such noncertified miner or noncertified miners shall be 21 permitted to work under the direction of such miner without a 22 certificate. The miner shall provide adequate oversight to keep 23 the uncertified individual out of harm's way. 24 Section 205. Qualifications for certification as miners. 25 The following shall apply: 26 (1) Miners shall be examined and granted certificates 27 under regulations of the department. 28 (2) No individual shall be qualified to take the 29 examination unless the individual produces evidence of having 30 had not less than one year's experience in bituminous coal 20080S0949B2204 - 48 -
1 mines. 2 (3) All individuals possessing certificates of 3 qualification issued by the Commonwealth entitling them to 4 act as mine foremen, assistant mine foremen, mine examiners 5 or mine electricians shall be eligible to engage at any time 6 as miners in bituminous coal mines of this Commonwealth. 7 Section 206. Issuance of miners' certificates. 8 The form and manner of issuing miners' certificates shall be 9 designated by the department. Certificates granted shall entitle 10 the certificate holder to be employed as and do the work of a 11 miner in the bituminous coal mines of this Commonwealth. A 12 certificate granted shall not be transferable and a transfer 13 shall be deemed a violation of this act. 14 Section 207. Certification of mining machine operators and 15 shot-firers. 16 (a) General rule.--It shall be unlawful to employ as a 17 mining machine operator or shot-firer in any bituminous coal 18 mine any individual who has not given evidence to the department 19 as to his fitness and competency to handle and use an approved 20 gas detection device and his ability to determine the presence 21 or absence of explosive gas and other dangerous conditions. The 22 manner of determining fitness and competency shall be prescribed 23 by the department. The department shall issue a certificate to 24 those found competent, on a form prescribed by the department. 25 The cost of the examination and certification shall be borne by 26 the candidates. 27 (b) Eligibility.--An individual possessing a certificate of 28 qualification issued by the Commonwealth entitling the 29 individual to act as a mine foreman, assistant mine foreman, 30 mine examiner or mine electrician is eligible to engage as a 20080S0949B2204 - 49 -
1 mining machine operator in a bituminous coal mine. 2 Section 208. Employment of mine foremen. 3 In order to secure efficient management and proper 4 ventilation of mines, to promote the health and safety of 5 individuals employed in mines and to protect and preserve the 6 property connected with mines, the operator or superintendent 7 shall employ a competent and practical mine foreman for every 8 mine, who shall be under the supervision and control of the 9 operator or superintendent. The operator or superintendent of a 10 mine shall be held as fully responsible as the individual 11 appointed to act as mine foreman. The mine foreman shall have 12 full charge of all the inside workings and the individuals 13 employed in the mine, subject, however, to the supervision and 14 control of the operator or superintendent, in order that all the 15 provisions of this act so far as they relate to his duties shall 16 be complied with, and the regulations prescribed for each class 17 of workmen under his charge are carried out in the strictest 18 manner possible. 19 Section 209. Employment of mine electricians. 20 Each mine shall employ a certified mine electrician, who 21 shall have full charge of the electrical apparatus at the mine, 22 but shall be subject to the authority of the mine foreman. It 23 shall be the duty of the mine electrician to assist the mine 24 foreman in carrying out all the provisions of the bituminous 25 mining laws bearing on the use and installation of electricity 26 inside bituminous coal mines and the equipment powered thereby, 27 and the mine electrician shall be subject to the same penalties 28 as the mine foreman for any violation of these laws. 29 Section 210. Employment of assistant mine foremen. 30 When mine workings become so extensive that the mine foreman 20080S0949B2204 - 50 -
1 is unable personally to carry out the requirements of this act 2 pertaining to duties, the mine foreman shall have the right to 3 employ a sufficient number of competent individuals to act as 4 his assistants, who shall be under his instruction and the 5 operator's or the superintendent's instruction in carrying out 6 the provisions of this act. In each mine the mine foreman's 7 assistants must possess assistant mine foreman certificates. In 8 case of the necessary temporary absence of the mine foreman, the 9 mine foreman may deputize his responsibilities, for the time 10 being, to an assistant mine foreman, who shall perform all the 11 duties of the mine foreman. Any mine foreman, assistant mine 12 foreman, mine examiner or mine electrician may supervise and 13 direct the work of a maximum of two noncertified miners, and 14 shall instruct the individuals how safely and properly to 15 perform their work. 16 Section 211. Ventilation responsibilities of mine foreman. 17 The following shall apply: 18 (1) A mine foreman shall devote the whole of his time to 19 his duties in the mine when the mine is in operation, shall 20 keep careful watch over the ventilating apparatus, the 21 ventilation, airways and travelways and shall see that all 22 stoppings along airways are properly built. 23 (2) A mine foreman shall ensure that proper cut-throughs 24 are made in the pillars of all rooms and entries, and that 25 they are closed when necessary or when required by the 26 department, so that the ventilating current can be conducted 27 in sufficient quantity through the last cut-through to the 28 face of each room and entry. A mine foreman shall not permit 29 any room or entry to be turned in advance of the ventilating 30 current or in advance of the last cut-through in the entry. 20080S0949B2204 - 51 -
1 (3) A mine foreman or an assistant mine foreman shall 2 measure the air current at or near the main inlet and outlet 3 airway at least once each week, and also in the last cut- 4 through in the last room and in the entry beyond the last 5 room turned in each entry. A record shall be made of daily 6 measurements in the assistant mine foreman's daily report 7 book. The measurements shall be taken on days when 8 individuals are at work, and for making the measurements an 9 anemometer shall be provided and kept in good condition by 10 the superintendent of the mine. 11 (4) The following pertain to fan stoppage: 12 (i) If a main mine fan stops and the ventilating 13 quantity provided by the fan is not maintained by a 14 backup fan system, the following actions shall be taken: 15 (A) The power inby the loading point shall be 16 immediately disconnected and all men shall be 17 withdrawn from the face areas of the mine to a point 18 out by the loading point on the main travelway with 19 established communications. 20 (B) As soon as it is known that the ventilation 21 has been interrupted, all permissible battery-powered 22 equipment shall be removed from the immediate face 23 area and moved to a safe location out by the last 24 open crosscut. All other battery-powered mobile 25 equipment, except transportation equipment necessary 26 for evacuation if located in a safe area, shall not 27 be used after a ventilation interruption occurs. If 28 possible, battery terminal leads shall be 29 disconnected. If leads are not disconnected, all 30 switches shall be turned off. 20080S0949B2204 - 52 -
1 (C) If the interruption is less than 15 minutes, 2 the working places, adjacent places and all other 3 active working areas where methane may accumulate 4 will be examined by a certified mine foreman, 5 assistant mine foreman or mine examiner to determine 6 if methane in the amount of 1.0 volume percent or 7 more exists before power is restored and the men are 8 permitted to resume mining operations. 9 (ii) If the ventilation is not restored within 15 10 minutes, the following precautions shall be taken: 11 (A) The power to all underground areas shall be 12 disconnected. 13 (B) All individuals shall be withdrawn from the 14 mine on foot under proper supervision. 15 (C) If ventilation is restored before the 16 evacuation is completed, the certified mine foreman, 17 assistant mine foreman or mine examiner may start the 18 reexamination of the mine, but all other individuals 19 must continue to evacuate. 20 (D) In order to provide for worker safety, power 21 for communications may be left on. 22 (iii) As an alternative to evacuating the men on 23 foot, a mine operator may propose to utilize mechanical 24 equipment during the evacuation. To justify this proposal 25 the operator must perform a survey that shows explosive 26 gas will not migrate to or accumulate in the designated 27 haulageways that will be used to evacuate the mine. The 28 duration of the survey shall be at least twice the travel 29 time from the farthest face to the surface. The operator 30 shall provide the representative of the miners, if 20080S0949B2204 - 53 -
1 applicable, an opportunity to participate in the survey. 2 The department will approve the survey criteria. Trolley 3 equipment will not be used during a fan stoppage. If the 4 survey provides affirmative results, which shall be 5 provided to the department, the department shall approve 6 a plan that provides: 7 (A) That permissible transportation equipment 8 shall be used if available. 9 (B) That evacuations shall begin within 15 10 minutes after a ventilation interruption and shall 11 proceed in an orderly and expedient manner. 12 (C) That the minimum number of vehicles will be 13 used for the evacuation. 14 (D) That, during transportation, a certified 15 individual qualified to perform methane examinations 16 riding in each vehicle shall continuously monitor for 17 methane using a handheld detector and at specific 18 locations designated by the operator based on the 19 survey results. The speed of the vehicles shall not 20 be so fast as to negate the detector's ability to 21 accurately measure methane levels. 22 (E) That, if at any time during the evacuation 23 methane is detected in an amount of .25% or more, the 24 transportation vehicles will be deenergized and the 25 evacuation completed on foot. 26 (F) That the operator, the department and the 27 representative of the miners, if applicable, shall 28 review the plan annually or more frequently if 29 conditions warrant. 30 (iv) If ventilation is restored to normal water 20080S0949B2204 - 54 -
1 gauge before the evacuation is completed, a certified 2 mine foreman, assistant mine foreman or mine examiner may 3 start the reexamination of the mine, but all other 4 individuals must continue to evacuate. 5 (v) The reexamination shall be made of the mine in 6 the same manner as a preshift examination for a coal- 7 producing shift before any power underground is 8 energized, including battery-powered or diesel-powered 9 equipment, or before individuals are permitted to enter 10 the mine. The examination shall be made on foot, except 11 an operator may use permissible transportation equipment 12 on intake travelways only for reexamination after a fan 13 stoppage if the examination is started within the time 14 period established by the survey. The examination shall 15 be recorded in the official mine record books used for 16 examinations under section 218. 17 (5) The mine foreman shall notify the superintendent in 18 writing whenever in his opinion the mine is becoming 19 dangerous through the lack of ample ventilation at the face 20 of entries, rooms and other portions of the mine, caused by 21 the undue length of entries and airways or from any other 22 cause, resulting in the accumulation of gas or coal dust, or 23 both, in various portions of the mine. The superintendent 24 shall thoroughly investigate the mine foreman's report and, 25 if substantiated, order necessary work done to put the 26 affected area in safe operating condition. It shall be the 27 duty of the superintendent to immediately notify the 28 department of the condition. 29 (6) The mine foreman shall see that every mine releasing 30 explosive gas is kept free of standing methane, but any 20080S0949B2204 - 55 -
1 accumulation of explosive or noxious gases in the worked-out 2 or abandoned portions of any mine shall be removed as soon as 3 possible after its discovery, if it is practicable to remove 4 it. No individual endangered by the presence of explosive or 5 noxious gases shall be allowed in that portion of the mine 6 until the gases have been removed. The mine foreman shall 7 direct and see that all dangerous places and the entrance or 8 entrances to worked-out and abandoned places in all mines are 9 properly fenced off across the openings so that no individual 10 can enter, and that danger signs are posted upon said fencing 11 to warn individuals of the existing danger. 12 (7) When operations are temporarily suspended in a mine, 13 the mine foreman shall see that danger signs are placed 14 across the mine entrance, which signals shall be sufficient 15 warning for unauthorized individuals not to enter the mine. 16 If the circulation of air through the mine be stopped, each 17 entrance to the mine shall be fenced off in such a manner as 18 will ordinarily prevent individuals from entering the mine, 19 and a danger sign shall be displayed upon the fence at each 20 entrance and maintained in good condition. The mine foreman 21 shall see that all danger signs used in the mine are in good 22 condition and if any become defective, he shall notify the 23 superintendent. 24 Section 212. Mine foreman's responsibility for working place 25 safety. 26 The following shall apply: 27 (1) The mine foreman or assistant mine foreman shall 28 direct and see that every working place is properly secured 29 and shall see that no individual is directed or permitted to 30 work in an unsafe place, unless it be for the purpose of 20080S0949B2204 - 56 -
1 making it safe. The mine foreman shall see that workmen are 2 provided with sufficient roof support materials delivered to 3 their working place or places. When timbers are used for roof 4 support, they shall be cut square on both ends and as near as 5 practicable to proper length. 6 (2) EVERY WORKMAN IN NEED OF ROOF SUPPORT MATERIALS <-- 7 SHALL NOTIFY THE MINE FOREMAN OR THE ASSISTANT MINE FOREMAN 8 OF THE FACT AT LEAST ONE DAY IN ADVANCE, STATING THE ROOF 9 SUPPORT MATERIALS ARE REQUIRED. In case of emergency, roof 10 support materials may be ordered immediately upon the 11 discovery of danger. If for any reason the necessary roof 12 support materials cannot be supplied when required, the mine 13 foreman or assistant mine foreman shall instruct the workmen 14 to vacate the place until the material needed is supplied. 15 (3) The mine foreman or assistant mine foreman shall 16 direct and see that, as the miners advance in their 17 excavation, all dangerous and doubtful pieces of coal, slate 18 and rock are taken down or immediately carefully secured 19 against falling on the workmen. Any workman who neglects to 20 carry out or disobeys the instructions of the mine foreman or 21 assistant mine foreman, in regard to securing his working 22 place, shall be suspended or discharged by the mine foreman, 23 and if such negligence or disobedience results in serious 24 injury or loss of life to any individual, the mine foreman 25 shall report the name of that workman to the department for 26 prosecution under the requirements of this act. 27 (4) The mine foreman shall give prompt attention to the 28 removal of all dangers reported to him by his assistants, the 29 mine examiner or any other individual working in the mine, 30 and in case it is impracticable to immediately remove the 20080S0949B2204 - 57 -
1 danger, he shall notify every individual whose safety is 2 threatened to remain away from the area of the mine where the 3 dangerous conditions exist. 4 (5) The mine foreman, his assistant or the mine examiner 5 shall, once each week, travel and examine all the air courses 6 and openings that give access to old workings or falls and 7 make a record in ink of the condition of all places in the 8 book provided for that purpose. 9 (6) It shall be the duty of the mine foreman to see that 10 approved gas detection devices are used when and where 11 required by this act. No approved gas detection device shall 12 be entrusted to any individual for use in a mine until the 13 individual has given satisfactory evidence to the mine 14 foreman that he understands the proper use of the device and 15 the danger of tampering with the device. The transportation 16 of tools into and out of the mine shall be under the 17 direction of the mine foreman or an assistant mine foreman. 18 (7) Instructions shall be given by the mine foreman, 19 assistant mine foreman or mine examiner, or other authorized 20 individual, as to when, where and how roof supports shall be 21 placed in order to avoid accidents from falls and to mine 22 coal with safety to themselves and others. In addition, the 23 mine foreman or assistant mine foreman shall give special 24 care and attention to drawing pillars, particularly when 25 falls are thereby being made. 26 Section 213. Mine foreman's responsibilities for blasting. 27 The following shall apply: 28 (1) The mine foreman shall direct that the coal is 29 properly mined before it is blasted, shot or broken. For 30 purposes of this paragraph, the term "properly mined" shall 20080S0949B2204 - 58 -
1 mean that the coal shall be undercut, centercut, overcut or 2 sheared by pick or machine, and in any case the cutting shall 3 be as deep as the holes are laid. 4 (2) The mine foreman or assistant mine foreman, under 5 instructions from the mine foreman, shall direct that the 6 holes for blasting shall be properly placed and shall 7 designate the angle and depth of holes, which shall not be 8 deeper than the undercutting, centercutting, overcutting or 9 shearing, the maximum quantity of explosives required for 10 each hole and the method of charging and tamping. 11 (3) The mine foreman shall employ a sufficient number of 12 competent and legally certified individuals to act as shot- 13 firers. 14 Section 214. Mine foreman's responsibilities for drainage. 15 The following shall apply: 16 (1) The mine foreman shall see that the work areas are 17 kept as free from water as practicable during working hours. 18 Except for individuals necessary to correct the condition, 19 individuals shall not enter an area with such accumulations. 20 (2) Whenever any working place in a mine approaches 21 within 50 feet of abandoned workings, as shown by surveys 22 certified by a registered engineer or surveyor, or within 500 23 feet of any other abandoned workings of the mine, which 24 cannot be inspected and which may contain dangerous 25 accumulations of water or gas, or within 500 feet of any 26 workings of an adjacent mine, a test drilling plan which 27 provides for the safety of all individuals must be submitted 28 by the operator to the department for approval. The 29 department may increase the setback distances under this 30 paragraph. 20080S0949B2204 - 59 -
1 (3) No mining may occur within the setback distances 2 under paragraph (2) unless the department approves the test 3 drilling plan and gives permission to proceed. 4 (4) No water or gas from any portion of an abandoned 5 mine, or from any idle portion of an active mine, and no 6 borehole from the surface shall be tapped except under the 7 immediate instruction and direction of the mine foreman with 8 the use of approved gas detection equipment. It shall be 9 unlawful to work or employ individuals to work in any portion 10 of a bituminous coal mine in which a body of water is dammed 11 or held back at a higher elevation in the same mine by 12 natural or artificial means, unless approval is given in 13 writing by the department. 14 (5) The department shall not accept from an operator a 15 six-month mine subsidence map as required by the act of April 16 27, 1966 (1st Sp.Sess. P.L.31, No.1), known as The Bituminous 17 Mine Subsidence and Land Conservation Act, unless the map 18 includes the information required by paragraphs (2), (3) and 19 (4). 20 Section 215. Mine foreman's responsibility for employment of 21 competent individuals. 22 A noncertified individual may not be employed to operate 23 equipment in a mine until the individual has completed a 24 training program approved by the department and has given the 25 mine foreman satisfactory proof that the individual can do the 26 assigned work without endangering anyone. 27 Section 216. Mine foreman's responsibilities for inspections 28 and reports. 29 The following shall apply: 30 (1) In all mines, the mine foreman shall employ a 20080S0949B2204 - 60 -
1 sufficient number of assistants to ensure a visit to each 2 employee during each shift, except mine officials and miners 3 whose normal duties require travel throughout the mine, 4 either by the mine foreman or his assistants. 5 (2) The mine foreman shall each day enter plainly and 6 sign in ink a report of the condition of the mine in a book 7 provided for that purpose. The report shall clearly state any 8 danger that may have come under his observation during the 9 day or any danger reported by the assistant mine foreman or 10 the mine examiners. The report shall also state whether or 11 not a proper supply of material is on hand for the safe 12 working of the mine, and whether or not the requirements of 13 law are complied with. The mine foreman shall also, once each 14 week, enter plainly in ink in the book a true report of all 15 weekly air measurements required by this act, designating the 16 place, the area of each cut-through and entry separately, the 17 velocity of the air in each cut-through and entry, the 18 quantity of the air in each cut-through and entry and the 19 number employed in each separate split of air, with the date 20 when measurements were taken. The book shall at all times be 21 kept in the mine office, for examination by the department or 22 any individual working in the mine, in the presence of the 23 superintendent or the mine foreman. The mine foreman shall 24 also each day read carefully and countersign in ink all 25 reports entered in the record book of the mine examiners. 26 (3) When assistant mine foremen are employed, their duty 27 shall be to assist the mine foreman in complying with the 28 provisions of this act, and they shall be liable to the same 29 penalties as the mine foreman for any violation of this act 30 in parts or portions of the mine under their jurisdiction. At 20080S0949B2204 - 61 -
1 the end of each shift, each assistant mine foreman shall make 2 a report in a book provided for that purpose, giving the 3 general condition as to safety of the working places visited, 4 and shall make a note of any unusual occurrence observed 5 during the shift. The mine foreman shall read carefully the 6 daily report of each assistant mine foreman and shall sign 7 the report in ink daily. Where more than one portal is being 8 used for the entrance of miners into a mine, the mine foreman 9 may designate an assistant who holds a mine foreman 10 certificate to sign the assistant mine foreman's and mine 11 examiner's daily report books at each portal other than the 12 main portal. 13 (4) It shall be the duty of the mine foreman or 14 assistant mine foreman, or an authorized individual 15 designated by the mine foreman, to examine daily in a general 16 way all electrical equipment and other machinery under his 17 jurisdiction to see that it is in safe operating condition 18 and make a report in the assistant mine foreman's daily 19 report book. It shall be the duty of the mine electrician to 20 make and sign a written report once each week in a record 21 book provided for that purpose, stating the condition of 22 electrical equipment and other machinery in the mine. The 23 report shall be countersigned by the mine foreman. 24 Section 217. Employment of mine examiners. 25 The mine foreman shall employ a sufficient number of mine 26 examiners to ensure that each mine can be examined in accordance 27 with the provisions of this act. The mine foreman or the 28 assistant mine foreman shall ensure that the mine examiner has 29 initialed, including date and time, the places examined or 30 reported as examined. 20080S0949B2204 - 62 -
1 Section 218. Duties of mine examiners. 2 (a) Examination of mine.--Within three hours immediately <-- 3 preceding the beginning of a shift in a bituminous coal mine in 4 this Commonwealth, and before workmen of the shift, other than 5 those who may be designated to make the examinations prescribed 6 in this section, enter the underground areas of the mine, 7 certified individuals designated by the mine foreman to make an 8 examination shall conduct an examination of the areas as 9 prescribed in this section. Each person designated to act as a 10 mine examiner shall be directed to examine a definite 11 underground area of the mine, and in making his examination, the 12 mine examiner shall inspect every active working place and 13 immediately adjacent places in the area and make tests with an 14 approved gas detection device for accumulations of methane and 15 oxygen-deficiency in the air. 16 (b) Duties of mine examiner.--The mine examiner shall: 17 (1) Examine seals and doors to determine whether they 18 are functioning properly. 19 (2) Inspect and test the roof, face and rib conditions 20 in the working places. 21 (3) Inspect active roadways, every unfenced roadway, 22 travelways, approaches to abandoned workings and accessible 23 falls in active sections for explosive gas and other hazards. 24 (4) Inspect to determine whether the air in each split 25 is traveling in its proper course and in normal volume. 26 (5) Initial and date at or near the face of each place 27 examined. 28 (6) Indicate a dangerous place if, in making an 29 examination, the mine examiner finds a condition which he 30 considers dangerous to individuals who may enter the area, by 20080S0949B2204 - 63 -
1 posting a "danger" sign conspicuously at a point which 2 individuals entering such dangerous place are required to 3 pass. No individual, other than Federal or State mine 4 inspectors, or the mine foreman or assistant mine foreman, or 5 individuals authorized by the mine foreman or assistant mine 6 foreman or the representative of the miners shall be 7 permitted to enter the dangerous place while the sign is 8 posted, except those miners assigned to eliminate the 9 dangerous condition. 10 (7) Immediately report danger and its location to the 11 mine foreman, if danger has been discovered. 12 (8) Sign the report entered in the record book in the 13 mine office on the surface when a station is located in a 14 mine. 15 (c) Record book.--At every mine where mine examiners are 16 employed, a suitable record book shall be kept at the mine 17 office located on the surface. Immediately after the examination 18 of a mine or any portion of the mine by the mine examiner, the 19 mine examiner shall enter in the record book, in ink, a record 20 of the examination and sign the record book. The record book 21 shall be kept in a fire-proof vault. The record shall: 22 (1) Show the time taken in making the examination. 23 (2) Clearly state the nature and location of dangerous 24 or potentially dangerous conditions that may have been 25 discovered in any room or entry or other place in the mine. 26 (d) Prohibitions.--No individual shall enter the mine until 27 the mine examiners return to the mine office or to a station 28 location in the intake entry of the mine, and report to the mine 29 foreman or the assistant mine foreman, by telephone or 30 otherwise, that the mine is in safe condition for individuals to 20080S0949B2204 - 64 -
1 enter. No individual on a non-coal producing shift, other than a 2 certified individual designated under this paragraph, shall 3 enter any underground area in a mine, unless the area, which 4 shall include all places on that particular split of air, has 5 been examined as prescribed in this subsection within three 6 hours immediately preceding his entrance into such area. 7 (e) Written report.--A written report shall be made of the 8 communication made under subsection (d) by the person receiving 9 the report. 10 (f) Access to record books.--At all times during working 11 hours, the record books of the mine examiners shall be 12 accessible to: 13 (1) The mine inspector. 14 (2) Any individual working in the mine. 15 (3) Authorized representatives of the miners. 16 (g) Second examination.--A second examination by the same or 17 other mine examiner shall be made during working hours of every 18 working place where miners are employed. A report of the 19 examination shall be made in the mine examiner record book in 20 the same manner as the first examination. 21 (A) EXAMINATION OF MINE.--WITHIN THREE HOURS IMMEDIATELY <-- 22 PRECEDING THE BEGINNING OF A COAL-PRODUCING SHIFT AND BEFORE ANY 23 WORKMEN IN SUCH SHIFT, OTHER THAN THOSE WHO MAY BE DESIGNATED TO 24 MAKE THE EXAMINATION UNDER THIS SECTION, ENTER THE UNDERGROUND 25 AREAS OF THE MINE, THE MINE FOREMAN, ASSISTANT MINE FOREMAN OR 26 MINE EXAMINER DESIGNATED BY THE MINE FOREMAN SHALL MAKE AN 27 EXAMINATION OF THE AREAS AS PRESCRIBED IN THIS SECTION. EACH 28 INDIVIDUAL DESIGNATED TO ACT AS A MINE EXAMINER SHALL BE 29 DIRECTED TO EXAMINE A DEFINITE UNDERGROUND AREA OF THE MINE AND 30 SHALL INSPECT EVERY ACTIVE WORKING PLACE AND PLACES IMMEDIATELY 20080S0949B2204 - 65 -
1 ADJACENT IN THE AREA AND MAKE TESTS WITH AN APPROVED GAS 2 DETECTION DEVICE FOR ACCUMULATIONS OF METHANE AND OXYGEN- 3 DEFICIENCY IN THE AIR. THE MINE EXAMINER SHALL EXAMINE SEALS AND 4 DOORS TO DETERMINE WHETHER THEY ARE FUNCTIONING PROPERLY; 5 INSPECT AND TEST THE ROOF, FACE AND RIB CONDITIONS IN THE 6 WORKING PLACES; INSPECT ACTIVE ROADWAYS, EVERY UNFENCED ROADWAY, 7 TRAVELWAYS, APPROACHES TO ABANDONED WORKINGS, AND ACCESSIBLE 8 FALLS IN ACTIVE SECTIONS FOR EXPLOSIVE GAS AND OTHER HAZARDS; 9 AND INSPECT TO DETERMINE WHETHER THE AIR IN EACH SPLIT IS 10 TRAVELING IN ITS PROPER COURSE AND IN NORMAL VOLUME. THE MINE 11 EXAMINER SHALL INITIAL AND DATE THE FACE OF EACH PLACE HE 12 EXAMINES OR IN A NEARBY LOCATION. IF THE MINE EXAMINER FINDS A 13 CONDITION WHICH THE MINE EXAMINER CONSIDERS TO BE DANGEROUS TO 14 INDIVIDUALS WHO MAY ENTER OR BE IN SUCH AREA, HE SHALL POST A 15 "DANGER" SIGN CONSPICUOUSLY AT A POINT WHICH INDIVIDUALS 16 ENTERING SUCH DANGEROUS PLACE WOULD BE REQUIRED TO PASS. NO 17 INDIVIDUAL, OTHER THAN FEDERAL OR STATE MINE INSPECTORS, OR THE 18 MINE FOREMAN OR ASSISTANT MINE FOREMAN, OR INDIVIDUALS 19 AUTHORIZED BY THE MINE FOREMAN OR ASSISTANT MINE FOREMAN TO 20 ENTER THE PLACE FOR THE PURPOSE OF ELIMINATING THE DANGEROUS 21 CONDITION, SHALL ENTER THE PLACE WHILE THE SIGN IS POSTED. 22 (B) RECORD BOOK.--A SUITABLE RECORD BOOK SHALL BE KEPT AT 23 THE MINE OFFICE, ON THE SURFACE, OF EVERY MINE WHERE MINE 24 EXAMINERS ARE EMPLOYED, AND IMMEDIATELY AFTER THE EXAMINATION OF 25 THE MINE OR ANY PORTION THEREOF BY A MINE EXAMINER, WHOSE DUTY 26 IT IS TO MAKE THE EXAMINATION, HE SHALL ENTER IN THE BOOK, WITH 27 INK, A RECORD OF THE EXAMINATION, AND SIGN THE SAME. THIS RECORD 28 SHALL SHOW THE TIME TAKEN IN MAKING THE EXAMINATION, AND ALSO 29 CLEARLY STATE THE NATURE AND LOCATION OF ANY DANGER THAT MAY 30 HAVE BEEN DISCOVERED IN ANY ROOM OR ENTRY OR OTHER PLACE IN THE 20080S0949B2204 - 66 -
1 MINE, AND IF ANY DANGER HAS BEEN DISCOVERED, THE MINE EXAMINERS 2 SHALL IMMEDIATELY REPORT THE LOCATION THEREOF TO THE MINE 3 FOREMAN. NO INDIVIDUAL SHALL ENTER THE MINE UNTIL THE MINE 4 EXAMINERS RETURN TO THE MINE OFFICE ON THE SURFACE, OR TO A 5 STATION LOCATED IN THE INTAKE ENTRY OF THE MINE, WHERE A RECORD 6 BOOK AS PROVIDED FOR IN THIS SECTION SHALL BE KEPT IN A 7 FIREPROOF VAULT AND SIGNED BY THE INDIVIDUAL MAKING THE 8 EXAMINATION, AND REPORT TO THE MINE FOREMAN OR THE ASSISTANT 9 MINE FOREMAN, BY TELEPHONE OR OTHERWISE, AND A WRITTEN REPORT 10 MADE THEREOF BY THE INDIVIDUAL RECEIVING THE REPORT, THAT THE 11 MINE IS IN SAFE CONDITION FOR INDIVIDUALS TO ENTER. WHEN A 12 STATION IS LOCATED IN ANY MINE, IT SHALL BE THE DUTY OF THE MINE 13 EXAMINERS TO SIGN THE REPORT ENTERED IN THE RECORD BOOK IN THE 14 MINE OFFICE ON THE SURFACE. THE RECORD BOOKS OF THE MINE 15 EXAMINERS SHALL AT ALL TIMES DURING WORKING HOURS BE ACCESSIBLE 16 TO THE DEPARTMENT AND ANY INDIVIDUAL WORKING IN THE MINE. 17 (C) SECOND EXAMINATION.--A SECOND EXAMINATION BY THE SAME OR 18 OTHER MINE EXAMINER SHALL BE MADE DURING WORKING HOURS OF EVERY 19 WORKING PLACE WHERE MEN ARE EMPLOYED, AND A REPORT OF THE 20 EXAMINATION SHALL BE MADE IN THE MINE EXAMINER REPORT BOOK IN 21 THE SAME MANNER AS THE FIRST EXAMINATION. NO INDIVIDUAL ON A 22 NONCOAL-PRODUCING SHIFT, OTHER THAN A CERTIFIED INDIVIDUAL 23 DESIGNATED UNDER THIS SECTION, SHALL ENTER ANY UNDERGROUND AREA 24 IN A MINE, UNLESS THE AREA, WHICH SHALL INCLUDE ALL PLACES ON 25 THAT PARTICULAR SPLIT OF AIR, HAS BEEN EXAMINED AS PRESCRIBED IN 26 THIS SECTION WITHIN THREE HOURS IMMEDIATELY PRECEDING HIS 27 ENTRANCE INTO THE AREA. 28 Section 219. Management of mine. 29 The right to hire and discharge employees, management of the 30 mine and the direction of the working forces are vested 20080S0949B2204 - 67 -
1 exclusively in the operator. No individual, association, 2 organization or corporation shall interfere with or attempt to 3 interfere with, abridge or attempt to abridge, in any manner 4 whatsoever, these rights, provided that these rights do not 5 invalidate any existing or future contract. 6 Section 220. Duties of superintendent. 7 (a) General rule.--It shall be the duty of every 8 superintendent, on behalf and at the expense of the operator, to 9 keep on hand at each mine at all times a sufficient quantity of 10 all materials and supplies required to preserve the health and 11 safety of the employees, as ordered by the mine foreman and 12 required by this act. If, for any reason, the superintendent 13 cannot procure the necessary materials or supplies, he shall 14 immediately notify the mine foreman, whose duty it shall be to 15 withdraw all individuals from the mine, or portion of the mine, 16 until the materials or supplies are received. 17 (b) Examination.--The superintendent shall, at least once 18 every week, read, examine and countersign all reports entered in 19 the mine record book. If the superintendent determines that the 20 law is being violated, the superintendent shall order the mine 21 foreman to stop the violation and ensure compliance with that 22 order. 23 Section 221. Qualifications and general responsibility of 24 superintendent. 25 The following shall apply: 26 (1) Beginning one year after the effective date of this 27 paragraph, no individual may be appointed as a superintendent 28 at any mine in this Commonwealth unless the individual holds 29 a current, valid mine foreman certificate. In the event that 30 a superintendent is found by the department to be in breach 20080S0949B2204 - 68 -
1 of his or her responsibilities as superintendent, the 2 department may suspend or revoke the superintendent's mine 3 foreman certificate. 4 (2) No individual may serve as the superintendent for 5 more than one mine. 6 (3) The superintendent shall not obstruct the mine 7 foreman or other official in the fulfillment of his duties as 8 required by this act. The superintendent shall ensure that 9 the mine foreman and all other employees of the mine comply 10 with the law. The superintendent shall immediately respond to 11 a violation of this act upon notification by the department. 12 The superintendent shall be responsible for all the outside 13 workings and all individuals employed at the mine. At a mine 14 where a superintendent is not employed, the mine foreman 15 shall have all the duties and responsibilities otherwise 16 given to the superintendent in addition to the regular duties 17 of the mine foreman. 18 Section 222. Danger signs. 19 The superintendent of every mine shall provide a sufficient 20 number of danger signs which the mine foreman or the assistant 21 mine foreman shall distribute in the mine at places convenient 22 for the use of the mine examiners and other officials in the 23 fulfillment of their duties. Danger signs in all mines shall be 24 uniform and of a design approved by the department. All danger 25 signs shall be kept in good condition and no defective sign 26 shall be used in any mine. 27 Section 223. Supply of record books. 28 The superintendent shall keep on hand at the mine a supply of 29 the record books required by this act and shall ensure that 30 record books are delivered to the proper individuals at the mine 20080S0949B2204 - 69 -
1 and that they are properly cared for. 2 Section 224. Mapping requirements and surveying standards. 3 (a) General rule.--The operator or superintendent of each 4 mine shall cause to be made by a registered mining engineer or 5 registered professional surveyor an accurate, professional 6 quality map of the mine, on a scale of not less than 200 feet to 7 the inch. At a minimum, the map shall show: 8 (1) A complete legend identifying all features 9 represented on the map and a title block including all 10 changes of mine ownership and the dates of those changes. 11 (2) An accurate delineation of the current extent of the 12 workings of the mine and all mines or coal lands, or both, 13 inside the permit boundary and all mines or coal lands, or 14 both, within 1,000 feet of the outside of the permit 15 boundary. The delineation must show all workings of all mines 16 above and below the mine within the permit boundary and 17 within 1,000 feet of the outside of the permit boundary. 18 (3) Barrier pillars for all mine workings inside the 19 permit boundary and all mine workings adjacent to the permit 20 boundary. 21 (4) Two permanent baseline points coordinated with the 22 underground and surface traverse points, and two permanent 23 elevation benchmarks referencing mine elevation surveys. The 24 baseline points and elevation benchmarks shall be prepared 25 using the Pennsylvania State Plan Coordinate System (NAD83 26 Datum). In the alternative, the map shall include coordinate 27 transformation equations converting the baseline points shown 28 to correlate to the Pennsylvania State Plan Coordinate 29 System. 30 (5) All openings, excavations, shafts, slopes, drifts, 20080S0949B2204 - 70 -
1 tunnels, entries, crosscuts, rooms, boreholes and all other 2 excavations, including surface pits and auger holes in each 3 seam. 4 (6) Areas where the pillars or longwall panels have been 5 removed. 6 (7) The name or number of each butt, room and section, 7 if available. 8 (8) Ventilation controls, air splits and the direction 9 of air currents using arrows. 10 (9) USGS elevation at the top and bottom of each shaft, 11 slope, drift and borehole. 12 (10) Bottom of coal elevations, taken at intervals not 13 to exceed 300 feet apart, in one entry of each section and in 14 one entry of each set of rooms off such sections. 15 (11) Bottom of coal elevations taken in the last open 16 crosscut of all sections and each set of rooms off such 17 section before they are abandoned. 18 (12) Elevation contour lines at whole number ten-foot 19 increments, unless the seam is steeply pitching, after which 20 it may be 25-foot intervals. 21 (13) The number or designation of each survey station 22 and the date of the last survey in the entries, as they are 23 represented on the map. 24 (14) The location and elevation of any body of water 25 dammed or held back in any portion of the mine, giving the 26 volume in gallons of the body of water. 27 (15) The location of streams, rivers, lakes, dams or any 28 other bodies of water on the surface, with their surface 29 elevations accurately and plainly marked. 30 (16) The location of permanent surface features such as 20080S0949B2204 - 71 -
1 railroad tracks, public highways, permanent buildings and oil 2 and gas wells. 3 (17) All seals and bulkheads within the mine. 4 (b) Accuracy standards.--The following accuracy standards 5 must be met: 6 (1) A minimum elevation closure of plus or minus one 7 foot per 5,000 feet is required. 8 (2) Mine traverse, advanced by closed loop method of 9 survey or other equally accurate method of traversing. 10 Minimum angular and coordinate ties for raw data would be an 11 angular tie of less than one minute and a coordinate time of 12 greater than 1 to 10,000 for any given closed loop survey. 13 (c) Surveying standards.--The extent of surveying shown on 14 the map shall be acceptable where the following minimum 15 underground surveying standards are met: 16 (1) Every entry must be surveyed at intervals not to 17 exceed 300 lineal feet. Survey station spads shall be 18 established in each entry of all mains, sections, butts, 19 rooms and other excavations. Survey lines may extend from 20 adjacent entries as long as the interval between survey 21 station spads within an entry does not exceed 300 lineal 22 feet. Continuous survey lines must be maintained in at least 23 one entry. 24 (2) Lateral take-ups, left and right, must be taken in 25 every entry at all intersections and must denote the location 26 of all intersections and define the corners and the location 27 of the rib line within each entry. For any excavation greater 28 than 20% from the planned excavation, additional lateral 29 take-ups must be taken to define this area. All of the 30 information must be accurately portrayed on the mine map. 20080S0949B2204 - 72 -
1 (3) All workings not surveyed and taken from a working 2 map or other unofficial record shall be shown on the map with 3 dashed lines. The legend shall identify that these areas have 4 not been surveyed. 5 (4) A survey station spad is required to be within 300 6 feet of the deepest penetration of the final faces of each 7 mining section, butt or room. The number or designation of 8 the last survey station spad and the date of such survey of 9 the entries are to be shown on the mine map. The area from 10 this spad to the face will be considered surveyed provided 11 that lateral and face take-ups have been completed and 12 recorded in the field book and shown on the mine map. Field 13 books shall be available for inspection. If lateral and face 14 take-ups are not completed, the area inby the last survey 15 station spad must be identified on the map with dashed lines. 16 The survey station spads located in each mining section, butt 17 or room shall be tied to a check survey station. 18 (5) Check survey stations shall be advanced to within 19 300 feet of the deepest penetration of all mains, submains, 20 sections and butts. Check survey stations shall be advanced 21 to within 600 feet of the deepest penetration of all rooms. 22 (6) Check survey stations shall be advanced to within 23 100 feet of the deepest penetration of all mining sections, 24 butts, rooms and excavations adjacent to the permit or 25 property boundary lines. 26 (d) Verification.--Prior to each area's being sealed, the 27 operator or superintendent shall verify in writing that the map 28 of the sealed area meets the requirements of this act. To the 29 extent that any areas in the mine cannot be surveyed, these 30 areas shall be indicated on the map. 20080S0949B2204 - 73 -
1 Section 225. Availability of copy of map. 2 A true copy of the map made pursuant to section 224 shall be 3 kept in the mine office for the use of the mine officials and 4 department, and for the inspection, in the presence of the 5 superintendent or mine foreman, of any individual working in the 6 mine, or of authorized representatives of the employees of the 7 mine, whenever the individual or representative fears that any 8 working place is becoming dangerous by reason of its proximity 9 to other workings that may contain dangerous accumulations of 10 water or noxious gases. 11 Section 226. Excavations on map. 12 At least once every six months, the operator or 13 superintendent of every mine shall cause to be shown accurately 14 on the original map of the mine, and on the copy of the map in 15 the mine office, all the excavations made during the time that 16 elapsed since the excavations were last shown. 17 Section 227. Furnishing copies of maps. 18 A copy of the mine map shall be furnished every six months to 19 the department. When more than one seam of coal is being worked 20 in any mine, the department shall be provided with a separate 21 copy of the original map of the complete workings of each seam 22 as provided for under this act. The copies shall remain in the 23 care of the department. When one mine is working a seam of coal 24 under another mine that is working an overlying seam and the two 25 mines are operated by different operators, the operators shall 26 exchange with each other copies of their respective mine maps, 27 showing such portions of their respective mines as may be 28 directly above or below the other mine. 29 Section 228. Duties upon abandonment of mine. 30 (a) General rule.--If a mine is inactive for a period of 60 20080S0949B2204 - 74 -
1 days or more or if the operator intends to cease ventilation of 2 the mine, the operator or the superintendent shall notify the 3 department at once and shall, within 60 days, extend the 4 official map to show clearly all worked-out or abandoned 5 territory with all excavations, property and boundary lines, 6 elevations and map features as required under this act or, if 7 the workings are not accessible, provide a copy of the most 8 recent map available that is clearly marked to state that the 9 workings shown were not surveyed. The owner or operator of the 10 mine shall also, within 45 days after its change in status, send 11 to the department a tracing, print or digital map in a format 12 acceptable to the department of the complete original map. The 13 registered mining engineer or registered surveyor shall certify 14 that the tracing, print or digital map is a true and correct 15 copy of the original map of the mine and that the original map 16 is a true, complete and correct map and survey of all the 17 excavations made in the inactive or abandoned mine. A dated 18 statement signed by a company or corporate officer stating that 19 the map represents a complete and accurate representation of all 20 underground excavations and is the final map of the mine, or 21 stating that the map provided is not a surveyed final map due to 22 inaccessibility of the workings, shall be included. 23 (b) Violation.--If the operator, superintendent or company 24 or corporate officer fails to provide the certified final map or 25 recklessly or intentionally submits an inaccurate certified map, 26 the violation shall be a felony subject to prosecution under 27 section 505. Costs incurred by the Commonwealth as a result of a 28 violation of this subsection may be recovered as restitution. 29 Section 229. Survey by department. 30 If the department has reasonable cause to believe that a map 20080S0949B2204 - 75 -
1 of any mine furnished under the provisions of this act is 2 inaccurate or imperfect, the department may require the operator 3 to make a survey and a new map of the mine. 4 Section 230. Ventilation requirements. 5 (a) General rule.--The operator or superintendent of a mine 6 shall provide and maintain ample means of ventilation to furnish 7 a constant and adequate supply of pure air for the employees. 8 The quantity and velocity of the current of air shall be 9 sufficient to dilute so as to render harmless and carry away 10 flammable or harmful gases. 11 (b) Specification.--The quantity of air reaching the last 12 open crosscut in any pair or set of entries shall not be less 13 than 9,000 cubic feet per minute. All active underground work 14 areas in a mine shall be ventilated by a current of air 15 containing not less than 19.5% oxygen and not more than .5% 16 carbon dioxide and no harmful quantities of other noxious or 17 poisonous gases. 18 (c) Ventilating belt entries.--A belt conveyor entry shall 19 be isolated from the adjacent entries. 20 (1) The following requirements apply: 21 (i) The quantity of air traveling in the belt 22 conveyor shall be kept to the minimum quantity necessary 23 for effective ventilation by means of permanent stoppings 24 and regulators. 25 (ii) The belt conveyor entry shall be provided with 26 a separate split of intake air. 27 (iii) The belt conveyor entry shall provide an 28 intake escapeway to the main air current. 29 (2) If an operator proposes to use entries in common 30 with the belt conveyor entry, the operator must submit a plan 20080S0949B2204 - 76 -
1 to and obtain approval by the department that addresses the 2 following criteria: 3 (i) The belt conveyor is cleaned and maintained to 4 minimize float dust in the common entries. 5 (ii) Stoppings and regulators are arranged to reduce 6 the quantity of air traveling in the belt and common 7 entries to a minimum for effective ventilation of the 8 belt and common entries and to provide an intake air 9 split as an escapeway to the main air current. 10 (iii) Fire protection is installed and maintained on 11 all belt conveyors in compliance with appropriate 12 standards. 13 (iv) There is an early warning fire detection system 14 and carbon monoxide (CO) or smoke sensors that meet the 15 requirements of 30 CFR § 75.351 (relating to atmospheric 16 monitoring systems). The spacing of the CO/smoke sensors 17 shall not exceed 1,000 feet. The belt air velocity shall 18 be a minimum of 50 fpm or CO/smoke sensor spacing shall 19 be reduced to provide an adequate alarm time not to 20 exceed 20 minutes. The CO/smoke sensors shall be set to 21 alarm at the lowest practicable setting and be positioned 22 in the ventilation current to provide the most effective 23 detection. 24 (v) The number of common entries may not exceed 25 three entries, including the belt entry. 26 (vi) Development for common entries is designed to 27 be at a lower ventilation pressure than the main intake 28 escapeway. 29 (vii) If a condition develops that causes the belt 30 and common entries to be at a higher ventilation pressure 20080S0949B2204 - 77 -
1 than the main intake escapeway, efforts are undertaken to 2 immediately correct the condition. If the condition 3 cannot practicably be corrected, the mine operator must 4 notify the department of the condition, the specific 5 cause, the area affected and the steps that will be taken 6 to maintain the pressure in the belt and common entries 7 at the lowest attainable level. 8 (viii) When the belt ventilation current travels 9 away from the working section, no ignition sources, 10 except equipment necessary to maintain the escapeway and 11 personnel carriers, shall be permitted in the intake 12 escapeway unless CO/smoke sensors that meet Federal fire 13 detection standards are installed in the intake 14 escapeway. Equipment operated in the intake escapeway 15 shall be equipped with an automatic fire suppression 16 system, or comply with 30 CFR § 75.380(f)(4) (relating to 17 escapeways; bituminous and lignite mines). CO detectors 18 shall give an audible alarm over the mine communication 19 system. The alarm shall indicate the conveyor belt flight 20 where the alarm occurred. Both visual and audible alarm 21 signals must automatically be provided at all affected 22 working sections and affected areas where mechanized 23 mining equipment is being installed or removed and on the 24 surface at a monitored location. Two-way underground 25 communications shall be maintained between the monitored 26 surface location and all underground working sections and 27 areas where mechanized mining equipment is being 28 installed or removed. 29 (ix) A copy of the mine's federally approved 30 firefighting and evacuation plan is included with the 20080S0949B2204 - 78 -
1 plan. 2 (d) Actions to detect and respond to excess methane.--The 3 following actions are required to detect and respond to excess 4 methane: 5 (1) Location of tests. Tests for methane concentrations 6 under this section shall be made at least 12 inches from the 7 roof, face, ribs and floor. 8 (2) Working places and intake air courses. 9 (i) When 1% or more methane is present in a working 10 place or an intake air course, including an air course in 11 which a belt conveyor is located or in an area where 12 mechanized mining equipment is being installed or 13 removed: 14 (A) Except intrinsically safe atmospheric 15 monitoring systems (AMS), electrically powered 16 equipment in the affected area shall be deenergized 17 and other mechanized equipment shall be shut off. 18 (B) Changes or adjustments shall be made 19 immediately to the ventilation system to reduce the 20 concentration of methane to less than 1%. 21 (C) No other work shall be permitted in the 22 affected area until the methane concentration is less 23 than 1%. 24 (ii) When 1.5% or more methane is present in a 25 working place or an intake air course, including an air 26 course in which a belt conveyor is located or in an area 27 where mechanized mining equipment is being installed or 28 removed: 29 (A) Except for Federal or State mine inspectors, 30 the mine foreman or assistant mine foreman or 20080S0949B2204 - 79 -
1 individuals authorized by the mine foreman or 2 assistant mine foreman, all individuals shall be 3 withdrawn from the affected area. 4 (B) Except for intrinsically safe AMS, 5 electrically powered equipment in the affected area 6 shall be disconnected at the power source. 7 (3) Return air split. 8 (i) When 1% or more methane is present in a return 9 air split between the last working place on a working 10 section and where that split of air meets another split 11 of air or the location at which the split is used to 12 ventilate seals or worked-out areas, changes or 13 adjustments shall be made immediately to the ventilation 14 system to reduce the concentration of methane in the 15 return air to less than 1%. 16 (ii) When 1.5% or more methane is present in a 17 return air split between the last working place on a 18 working section and where that split of air meets another 19 split of air or the location where the split is used to 20 ventilate seals or worked-out areas, except for Federal 21 or State mine inspectors, the mine foreman or assistant 22 mine foreman or individuals authorized by the mine 23 foreman or assistant mine foreman, all individuals shall 24 be withdrawn from the affected area. 25 (iii) Other than intrinsically safe AMS, equipment 26 in the affected area shall be deenergized, electric power 27 shall be disconnected at the power source and other 28 mechanized equipment shall be shut off. 29 (iv) No other work shall be permitted in the 30 affected area until the methane concentration in the 20080S0949B2204 - 80 -
1 return air is less than 1%. 2 (4) Return air split alternative. 3 (i) The provisions of this paragraph may apply if: 4 (A) The quantity of air in the split ventilating 5 the active workings is at least 27,000 cubic feet per 6 minute in the last open crosscut or the quantity 7 specified in the approved ventilation plan, whichever 8 is greater. 9 (B) The methane content of the air in the split 10 is continuously monitored during mining operations by 11 an AMS that gives a visual and audible signal on the 12 working section when the methane in the return air 13 reaches 1.5% and the methane content is monitored as 14 specified in the approved ventilation plan. 15 (C) Rock dust is continuously applied with a 16 mechanical duster to the return air course during 17 coal production at a location in the air course 18 immediately outby the most inby monitoring point. 19 (ii) When 1.5% or more methane is present in a 20 return air split between a point in the return opposite 21 the section loading point and where that split of air 22 meets another split of air or where the split of air is 23 used to ventilate seals or worked-out areas: 24 (A) Changes or adjustments shall be made 25 immediately to the ventilation system to reduce the 26 concentration of methane in the return air less than 27 1.5%. 28 (B) Except for Federal or State mine inspectors, 29 the mine foreman or assistant mine foreman or 30 individuals authorized by the mine foreman or 20080S0949B2204 - 81 -
1 assistant mine foreman, all individuals shall be
2 withdrawn from the affected area.
3 (C) Except for intrinsically safe AMS, equipment
4 in the affected area shall be deenergized, electric
5 power shall be disconnected at the power source and
6 other mechanized equipment shall be shut off.
7 (D) No other work shall be permitted in the
8 affected area until the methane concentration in the
9 return air is less than 1.5%.
10 (e) Bleeders and other return air courses CHANGES AND <--
11 ADJUSTMENTS IN VENTILATION.--
12 (1) If either the concentration of methane in a bleeder
13 split of air immediately before the air in the split joins
14 another split of air, or in a return air course other than as
15 described in subsection (d)(3) and (4), contains methane gas
16 in an amount of 2% or greater as detected by an approved gas
17 detection device, changes or adjustments shall be made
18 immediately in the ventilation in the mine so that returning
19 air contains less than 2% of methane gas.
20 (2) When 2% of methane is exceeded beyond the mixing
21 point with another split in the main return, the operator
22 shall submit a written plan to abate the problem to the
23 department for approval.
24 (f) Submittal of detailed ventilation plan to department.--
25 (1) A mine operator shall submit a detailed ventilation
26 plan and any addendums to the department for review and
27 comment. The mine operator shall review the plan with the
28 department and address concerns to the extent practicable.
29 The department shall submit any concern that is not addressed
30 to MSHA through comments to the plan. The mine operator shall
20080S0949B2204 - 82 -
1 provide a copy of the plan to the department and the 2 representative of the miners, if applicable, ten days prior 3 to the submittal of the plan to MSHA. 4 (2) The operator shall give the department a copy of the 5 MSHA-approved plan and any addendums as soon as the operator 6 receives the approval. 7 (3) In the event of an unforeseen situation requiring 8 immediate action on a plan revision, the operator shall 9 submit the proposed revision to the department and the 10 representative of the miners when the proposed revision is 11 submitted to MSHA. The department shall work with the 12 operator to review and comment on the proposed plan revision 13 to MSHA as quickly as possible. 14 (4) Upon approval by MSHA, the plan is enforceable by 15 the department. 16 Section 231. Crosscuts and stoppings. 17 (a) Maximum distance.-- 18 (1) The distance driven to establish ventilation 19 connections between entries or rooms shall not exceed 200 20 linear feet. Where adequate ventilation is provided, the 21 entry or room may be driven in conjunction with the new air 22 connection, provided that the distance to either face does 23 not exceed 200 linear feet when the new air connection is 24 established. 25 (2) In no case shall any place be driven a total of more 26 than 200 linear feet unless ventilation connections have been 27 established, except as provided under this act. 28 (3) Where adequate ventilation can be provided, the 29 department may give written permission to authorize a greater 30 distance. 20080S0949B2204 - 83 -
1 (b) Closure of crosscuts.--Crosscuts between intakes and 2 return air courses shall be closed, except the one nearest the 3 face. Crosscuts between rooms shall be closed, where necessary 4 or when required by the department, to provide adequate 5 ventilation at the working face. 6 (c) Air connections.--Where practicable, an air connection 7 shall be provided at or near the face of each entry or room 8 before the place is abandoned. 9 (d) Excavations.--Excavations shall not exceed 18 feet in 10 depth, unless permission is obtained from the department to 11 drive a greater distance beyond the last open crosscut, if such 12 excavations are kept free of accumulations of methane by use of 13 line brattice or other adequate means. 14 (e) Construction materials of stoppings.--A permanent 15 stopping shall be built of solid, substantial, incombustible 16 material, including, but not limited to, concrete, concrete 17 blocks, bricks, steel or tile, provided that, where physical 18 conditions exist because of caving that makes the use of 19 concrete, concrete blocks, brick, steel or tile impracticable, 20 timber laid longitudinally skin-to-skin or an approved 21 substitute may be used. A temporary stopping may be erected in 22 cut-throughs near the working face. A stopping shall be 23 reasonably airtight. 24 (f) Building and maintenance.--A permanent stopping or other 25 permanent ventilation control device shall be built and 26 maintained as follows: 27 (1) Between intake and return air courses, except 28 temporary controls may be used in rooms that are 600 feet or 29 less from the centerline of the entry from which the room was 30 developed, including where continuous face haulage systems 20080S0949B2204 - 84 -
1 are used in the rooms. Unless otherwise approved in the 2 ventilation plan, the stopping or control shall be maintained 3 to and including the third connecting crosscut outby the 4 working face. 5 (2) To separate belt conveyor haulageways from intake 6 air courses when the air in the intake air courses is used to 7 provide air to active working places, except temporary 8 ventilation controls may be used in rooms that are 600 feet 9 or less from the centerline of the entry from which the rooms 10 were developed, including where continuous face haulage 11 systems are used in the rooms. When continuous face haulage 12 systems are used, a permanent stopping or other device shall 13 be built and maintained to the outby most point of travel of 14 the dolly or 600 feet from the point of deepest penetration 15 in the conveyor belt entry, whichever distance is closer to 16 the point of deepest penetration, to separate the continuous 17 haulage entry from the intake entries. 18 Section 232. Overcasts and undercasts. 19 (a) Arrangement of ventilation.--Ventilation shall be so 20 arranged by means of air locks, overcasts or undercasts that the 21 passage of trips or individuals along the entries will not cause 22 interruptions of the air current. In face areas where it is 23 impracticable to install air locks, single doors may be used 24 with the permission of the department. An air lock shall be 25 ventilated sufficiently to prevent accumulations of methane in 26 it. 27 (b) Doors.-- 28 (1) A door controlling ventilation shall be kept closed, 29 except when men or equipment are passing through the doorway. 30 Motor crews and other individuals who open a door shall see 20080S0949B2204 - 85 -
1 that the door is closed before leaving it. 2 (2) It shall be unlawful for an individual to knowingly 3 leave a door or a check-curtain open. 4 (c) Hanging of doors.--A door controlling ventilation shall 5 be hung in such a manner as to be self-closing. 6 (d) Construction materials.--Overcasts and undercasts shall 7 be constructed tightly of incombustible material, such as 8 masonry, concrete, concrete blocks or fire-resistant 9 prefabricated material of sufficient strength to withstand 10 possible falls from the roof. Overcasts and undercasts shall be 11 of ample area to pass the required quantity of air and shall be 12 kept clear of obstructions. 13 Section 233. Line brattice. 14 (a) General rule.--Substantially constructed line brattice 15 shall be used from the last open crosscut of an entry or room 16 when necessary or required by the department to provide adequate 17 ventilation for the workmen and to remove gases and explosive 18 fumes. When damaged by falls or otherwise, line brattice shall 19 be repaired promptly. 20 (b) Spacing.--The space between the line brattice and the 21 rib shall be large enough to permit the flow of a sufficient 22 volume of air to keep the working face clear of flammable and 23 noxious gases. 24 (c) Construction material.--Brattice cloth used underground 25 shall be constructed of approved flame-resistant material. 26 Section 234. Auxiliary blowers and fans. 27 (a) Procedure.-- 28 (1) The operator of a mine who desires to use in the 29 mine an auxiliary blower or exhaust fan shall submit to the 30 department a ventilation plan showing the proposed use of the 20080S0949B2204 - 86 -
1 auxiliary blower or exhaust fan. 2 (2) The department shall review the plan and take one of 3 the following actions: 4 (i) Approve the plan. 5 (ii) Request additional information. 6 (iii) Disapprove the plan and set forth in writing 7 its reasons for the disapproval. 8 (3) In approving a plan, the department shall require 9 that an auxiliary blower or exhaust fan shall be: 10 (i) Powered by an approved motor when installed 11 underground. 12 (ii) Operated continuously while any work is being 13 performed in the area being ventilated by the blower or 14 fan. 15 (iii) Be so placed that recirculation of the air is 16 not possible. 17 (b) Time period for review.--The department shall approve or 18 disapprove a plan within 60 days after being initially submitted 19 by the operator. 20 Section 235. Unused and abandoned parts of mines. 21 An area that is not sealed shall be ventilated. Return air 22 may be used to ventilate the area. The department shall approve 23 a ventilation plan for an abandoned, unused or sealed part of a 24 mine. 25 Section 236. Sewage dumping prohibited. 26 If any individual shall construct or cause to be constructed 27 for use after the effective date of this section a sewer or 28 other method of drainage from a building or dwelling house for 29 the carrying of sewage, offal, refuse or other offensive matter 30 into any portion of an operating or abandoned mine, the 20080S0949B2204 - 87 -
1 individual commits a misdemeanor of the third degree. 2 Section 237. Fans. 3 (a) General rule.--The ventilation of a mine that extends 4 more than 200 feet underground and is opened after the effective 5 date of this section shall be produced by a mechanically 6 operated fan or fans. The fan or fans shall be kept in 7 continuous operation unless written permission to do otherwise 8 is granted by the department. 9 (b) Location.--Except as otherwise provided under subsection 10 (c), a main fan shall be: 11 (1) Located on the surface in fireproof housing offset 12 not less than 15 feet from the nearest side of the mine 13 opening. 14 (2) Equipped with fireproof air ducts provided with 15 explosion doors or a weakwall. 16 (3) Operated from a separate power circuit. 17 (c) Exception.--In lieu of the requirements for the location 18 of fans and pressure-relief facilities, a fan may be directly in 19 front of or over a mine opening if: 20 (1) The opening is not in direct line with possible 21 forces coming out of the mine if an explosion occurs. 22 (2) There is another opening having a weakwall stopping 23 or explosion doors that would be in direct line with forces 24 coming out of the mine. 25 All main fans shall be provided with pressure-recording gauges 26 or water gauges. 27 (d) Recordkeeping and inspections.-- 28 (1) A record of the charts shall be kept for one year. 29 (2) A daily inspection shall be made of all main fans 30 and connected machinery by a competent individual and a 20080S0949B2204 - 88 -
1 record kept of the inspection in a book prescribed for that 2 purpose. 3 (e) Warning of fan interruption.--Approved facilities shall 4 be provided at a point or points under observation while men are 5 in the mine and shall give warning of an interruption to a fan. 6 Where such facilities are not provided, an attendant shall be 7 constantly kept on duty while individuals are working in the 8 mine. 9 Section 238. Measurement of methane. 10 The mine foreman or superintendent shall once each week 11 direct and see that the methane content of the ventilating 12 current or currents is determined by analyses or by an 13 instrument capable of accuracy to .1%. The samples or the 14 determinations shall be taken on the return end of the air 15 circuit or circuits just beyond the last working place, unless 16 otherwise directed by the department, and a correct report of 17 these determinations shall be promptly furnished to the 18 department. The determinations or samples shall be taken on days 19 when individuals are working and recorded in a book provided for 20 that purpose. 21 Section 239. Control of coal dust and rock dusting. 22 (a) Method of removal.-- 23 (1) Dangerous accumulations of fine, dry coal dust shall 24 be removed from a mine or neutralized by the application of 25 rock dust, and all dry and dusty operating sections and 26 haulageways and the back entries for at least 1,000 feet 27 outby the first active working place in each operating 28 section shall be kept watered down, rock dusted or dust 29 allayed by such other methods as may be approved by the 30 department. 20080S0949B2204 - 89 -
1 (2) A mine or location in a mine that is too wet or too 2 high in incombustible content to initiate or propagate a coal 3 dust ignition need not be rock dusted during the time any of 4 those conditions prevail. 5 (3) Coal dust and other dust in suspension in unusual 6 quantities shall be allayed by sprinkling or other dust 7 allaying or collecting devices. 8 (b) Specifications.-- 9 (1) In a dry and dusty mine or section thereof, rock 10 dust shall be applied and maintained upon the roof, floor and 11 sides of all operating sections, haulageways and parallel 12 entries connected thereto by open crosscuts. Back entries 13 shall be rock dusted for at least 1,000 feet out by the 14 junction with the first active working place. 15 (2) Rock dust shall be so applied to include the last 16 open crosscut of rooms and entries and to within 40 feet of 17 the faces. In mines where mining is done by continuous-type 18 mining machinery, the distances from the face to which rock 19 dust shall be applied shall be the mining distance for one 20 shift if: 21 (i) The active working place shall be kept from damp 22 to wet. 23 (ii) After coal production on any shifts has ceased, 24 an application of rock dust shall be made in the exposed 25 area to within 40 feet of the face before additional 26 mining is performed in the area. 27 (3) Rock dust shall be maintained in such quantity that 28 the incombustible content of the mine dust shall not be less 29 than 65%. 30 (c) Composition of rock dust.--Rock dust shall not contain 20080S0949B2204 - 90 -
1 more than 5% by volume of quartz or free silica particles and 2 shall be pulverized so that 100% will pass through a 20-mesh 3 screen and 70% or more will pass through a 200-mesh screen. 4 Section 240. Instruction of employees and examination of 5 working areas. 6 (a) General rule.--The mine foreman or assistant mine 7 foreman shall ascertain that all workmen are trained in the 8 proper methods of testing roof, face and ribs. The mine foreman 9 shall designate the tool or tools to be used for testing. 10 Employees whose work exposes them to hazards or falls of roof 11 and coal shall thoroughly test the roof, face and ribs before 12 starting to work or before starting a machine, and frequently 13 thereafter. 14 (b) Examination for date marks.--A miner shall examine his 15 place to determine whether the mine examiner has left the date 16 marks indicating his examination thereof. If date marks cannot 17 be found, the miner shall notify the mine foreman or assistant 18 mine foreman of that fact. 19 (c) Correction of unsafe roof, face or rib conditions.-- 20 (1) If roof, face or rib conditions are found to be 21 unsafe, they shall be corrected by taking down loose material 22 or shall be securely supported before work is started. 23 (2) If roof, face or rib conditions are found to be 24 unsafe and normal taking down or supporting practices cannot 25 correct the unsafe condition, the place shall be vacated and 26 guarded or a danger sign erected to prevent unauthorized 27 entrance and the certified mine official in charge promptly 28 shall be notified. Only individuals capable of correcting the 29 dangerous condition may be delegated to do such work. 30 (3) The certified mine official in charge shall examine 20080S0949B2204 - 91 -
1 for unsafe conditions and the roof, faces, ribs and timbers 2 or supports of all working places each time they visit a 3 place. Unsafe conditions found shall be corrected promptly. 4 All employees shall notify the mine foreman or assistant mine 5 foreman of an unsafe condition in the mine when the condition 6 is known to them. 7 Section 241. Roof support. 8 (a) General rule.--The roof in an underground area shall be 9 supported as necessary for the protection of the employees and 10 equipment. A roof control plan suitable to the roof conditions 11 of each mine or part of a mine shall be adopted and complied 12 with by the operator. The department shall be notified of the 13 adoption of the plan of roof support, shall review the plan and: 14 (1) approve it; 15 (2) request additional information; or 16 (3) disapprove the plan and state in writing its reason 17 for the disapproval. 18 (b) Roof support plans to be posted.--Workmen whose work 19 involves roof support shall be informed of approved roof support 20 plans and the plans shall be posted. Additional roof supports 21 shall be used when and where necessary. 22 (c) Periodic revision and update of roof control plan.-- 23 Every mine operator shall revise and update the roof control 24 plan every six months or more frequently if required to do so by 25 the department. A copy of the plan shall be provided to the 26 representative of the miners ten days prior to submitting it to 27 the department for review and comment. 28 Section 242. Authorized explosives. 29 Permissible explosives, approved breaking devices or approved 30 blasting devices shall be used in underground mines. 20080S0949B2204 - 92 -
1 Section 243. (Reserved). 2 Section 244. Underground storage of explosives. 3 (a) Placement.--Explosives and detonators stored underground 4 shall be: 5 (1) Kept in section boxes or magazines of substantial 6 construction with no metal exposed on the inside. 7 (2) Located at least 25 feet from roadways and power 8 wires in a well-rock-dusted location protected from falls of 9 roof. 10 (b) Separation.--If not kept in separate boxes or magazines 11 not less than five feet apart, the explosives and detonators may 12 be kept in the same box or magazine if separated by at least a 13 four-inch hardwood partition or the equivalent. The boxes or 14 magazines shall be kept at least 300 feet from the faces and out 15 of the direct line of blasting and shall be installed outby the 16 last permanent stopping and on intake air. 17 Section 245. Preparation of shots, blasting practices and 18 multiple shooting. 19 (a) Requirements.-- 20 (1) Only certified shot-firers shall be permitted to 21 handle explosives and conduct blasting. 22 (2) Only electric detonators of proper strength fired 23 with approved shot-firing units shall be used, and drillholes 24 shall be solidly stemmed with at least 24 inches of 25 incombustible material or at least one-half of the length of 26 the hole shall be solidly stemmed if the hole is less than 27 four feet in depth unless other approved stemming devices or 28 methods are used. 29 (3) Drillholes shall be of ample size and shall not be 30 drilled beyond the limits of the cut, and, as far as 20080S0949B2204 - 93 -
1 practicable, cuttings and dust shall be cleaned from the 2 holes before the charge is inserted. Charges of explosives 3 exceeding one and one-half pounds shall be used only if 4 drillholes are six feet or more in depth. 5 (4) Ample warning shall be given before shots are fired, 6 and care shall be taken to determine that all individuals are 7 in the clear before firing. Individuals shall be removed from 8 adjoining areas and other areas when there is danger of shots 9 blowing through. 10 (5) No shots shall be fired: 11 (i) In any area until the area has been properly 12 examined by the shot-firer. 13 (ii) In any area where 1% of gas is detected by an 14 approved gas detection device. 15 (6) After firing any shot, the shot-firer shall make a 16 careful examination of the work area before leaving the area 17 or before performing any other work in the area. 18 (b) Plan to be submitted to department.--An operator of a 19 mine who desires to conduct multiple shooting shall submit to 20 the department for approval a plan indicating the manner and 21 details proposed to engage in multiple shooting. 22 (c) Prohibitions.-- 23 (1) While boreholes are being charged, electrical 24 equipment shall not be operated in the work area, and only 25 work in connection with roof support and general safety shall 26 be performed. Shots shall be fired promptly after charging. 27 (2) Mudcaps, adobes or any other unconfined shots shall 28 not be permitted in any bituminous coal mine. 29 (3) No solid shooting shall be permitted without 30 approval from the department. Where solid shooting is 20080S0949B2204 - 94 -
1 practiced, blasting holes shall be stemmed the full length of 2 the hole. 3 (d) Blasting and shooting cables.-- 4 (1) Blasting cables shall be well-insulated and shall be 5 at least 125 feet in length to permit individuals authorized 6 to fire shots to get in a safe place out of the line of 7 blasting. 8 (2) Shooting cables shall be kept away from power wires 9 and all other sources of electric current, connected to the 10 leg wires by the individual who fires the shot, staggered as 11 to length or well-separated at the detonator leg wires and 12 shunted at the battery end until ready to connect to the 13 blasting unit. 14 (3) Detonator leg wires shall be kept shunted until 15 ready to connect to the blasting cable. 16 Section 246. Transportation of explosives. 17 (a) Construction of containers.-- 18 (1) Individual containers used to carry permissible 19 explosives or detonators shall be constructed of substantial, 20 nonconductive materials approved by the department, kept 21 closed and maintained in good condition. When explosives or 22 detonators are transported underground in cars moved by means 23 of powered haulage equipment, they shall be in cars having a 24 substantial covering or in special substantially built 25 covered containers used specifically for transporting 26 detonators or explosives. 27 (2) Explosives or detonators shall not be hauled into or 28 out of the mine within five minutes preceding or following 29 individuals being transported. 30 (b) Prohibitions.-- 20080S0949B2204 - 95 -
1 (1) Neither explosives nor detonators shall be 2 transported on flight or shaking conveyors, mechanical 3 loading machines, locomotives, scrapers, cutting machines, 4 drill trucks or any self-propelled mobile equipment. 5 (2) No shot-firer shall carry into or have delivered to 6 him any larger quantity of explosives or detonators than the 7 shot-firer may reasonably expect to use in any one shift. 8 (c) Separation of explosives and detonators.--If explosives 9 and detonators are transported in the same explosives car or in 10 the same special container, they shall be separated by at least 11 four inches of hardwood partition or the equivalent. The bodies 12 of the cars or containers shall be constructed or lined with 13 nonconductive material. 14 Section 247. Electrical shot-firing. 15 Electricity from any grounded circuit shall not be used for 16 firing shots. 17 Section 248. General shot-firing rules. 18 (a) Ignited gas.--When gas is ignited by a blast or a fire 19 occurs, the shot-firer shall immediately extinguish it, if 20 possible, and if unable to do so shall immediately notify the 21 mine foreman of the fact and warn other individuals in the 22 vicinity who might be endangered. 23 (b) Shot-firer to provide notice to others.--When a shot- 24 firer is about to fire a blast, he shall notify all individuals 25 who may be endangered and shall give sufficient alarm so that 26 any individual approaching may be warned of the danger. 27 (c) Construction of charging and tamping tools.--All 28 charging and tamping tools shall be constructed of nonsparking 29 materials. 30 (d) Disconnection from electricity.--Immediately after the 20080S0949B2204 - 96 -
1 firing of a shot, the firing leads shall be disconnected from 2 the supply or source of electricity and shunted. 3 (e) Preconditions to firing machine or battery.--No firing 4 machine or battery shall be connected to the shot-firing leads 5 unless: 6 (1) All other steps preparatory to the firing of a shot 7 have been completed. 8 (2) All individuals have been moved to a place of 9 safety. 10 (3) No individual other than the shot-firer has made the 11 connection. 12 (f) Firing machine or battery in possession of shot-firer.-- 13 The shot-firer shall keep the firing machine or battery in his 14 possession at all times while blasting. 15 (g) Testing of blasting devices.--Frequent tests shall be 16 made of all blasting devices to see that their capacity has not 17 been decreased by use or accident. 18 (h) Examinations for gas.--The shot-firer shall examine the 19 place for gas and other dangers before and after firing each 20 shot or blast. 21 Section 249. Hoisting equipment and operations. 22 (a) General duties of operator or superintendent.-- 23 (1) The operator or superintendent of a bituminous coal 24 mine worked by shaft shall provide and maintain: 25 (i) A telephone or other means of communication from 26 the top to the bottom and intermediate landings of the 27 shaft. 28 (ii) A standard means of signaling. 29 (iii) An effective safety catch, bridle chains, 30 automatic stopping device and automatic overwind. 20080S0949B2204 - 97 -
1 (iv) A sufficient cover on every cage used for 2 lowering or hoisting individuals. 3 (v) An effective safety gate at the top of the cage 4 shaft and intermediate landings controlled by the cage. 5 (vi) An adequate brake on the drum of every machine 6 used to lower or hoist individuals in the shaft. 7 (2) The operator shall have the machinery used for 8 lowering and hoisting individuals into or out of the mine 9 kept in safe condition and equipped with a reliable 10 indicator. Cages and elevators shall be inspected once in 11 each 24 hours by a competent individual of the company or by 12 a manufacturer's representative and a safety catch test made 13 every two months, a record kept thereof and a copy sent to 14 the department. 15 (3) (i) Where a hoisting engineer is required, he shall 16 be readily available at all times when individuals are in 17 the mine. The hoisting engineer shall operate the empty 18 cage up and down the shaft at least one round trip at the 19 beginning of each shift, after material has been lowered 20 or hoisted and after the hoist has been idle for one hour 21 or more before hoisting or lowering individuals. 22 (ii) Subparagraph (i) shall not apply to elevators 23 used exclusively for hoisting and lowering individuals. 24 (4) There shall be cut out around the side of the 25 hoisting shaft, or driven through the solid strata at the 26 bottom thereof, a travelingway not less than five feet high 27 and three feet wide to enable an individual to pass the shaft 28 in going from one side to the other without passing over or 29 under the cage or other hoisting apparatus. 30 (5) Positive stop blocks or derails shall be placed near 20080S0949B2204 - 98 -
1 the top and bottom, at all intermediate landings of slopes 2 and surface inclines and at approaches to all shaft landings. 3 (6) A waiting station with sufficient room, ample 4 clearance from moving equipment and adequate seating 5 facilities shall be provided where individuals are required 6 to wait for man-trips or cages. The individuals shall remain 7 in the station until the man-trip or cage is available. 8 (7) No hoisting engineer shall be required for 9 automatically operated cages or elevators. 10 (b) Duties of mine foreman.-- 11 (1) When hoisting or lowering of individuals occurs 12 during darkness, at any mine operated by shaft, the mine 13 foreman shall provide and maintain, at the shaft mouth, a 14 light of stationary character sufficient to show the landing 15 and all surrounding objects distinctly and sufficient light 16 of a stationary character shall be located at the bottom of 17 the shaft so that individuals going to the bottom may clearly 18 discern the cages, elevators and other objects contiguous 19 thereto. 20 (2) The mine foreman shall see that: 21 (i) No cages or elevators on which individuals ride 22 are lifted or lowered at a rate of speed greater than 900 23 feet per minute. 24 (ii) No mine cars, either empty or loaded, are 25 hoisted or lowered on cages while individuals are being 26 lowered or hoisted. 27 (iii) No cage having an unstable self-dump platform 28 shall be used for carrying individuals unless the cage is 29 provided with some device by which it may be securely 30 locked when individuals are being hoisted or lowered into 20080S0949B2204 - 99 -
1 the mine. 2 (c) Ropes, links and chains.-- 3 (1) In shafts where coal is hoisted and individuals 4 lowered into or hoisted from the mine, the ropes, links and 5 chains shall be of ample strength, with a factor of safety of 6 not less than five to one of the maximum load. 7 (2) In shafts used exclusively for lowering or hoisting 8 individuals and material, the factor of safety of ropes, 9 links and chains shall not be less than ten to one of the 10 maximum load. 11 (3) All ropes, links and chains shall be carefully 12 examined at least once every 24 hours by a competent 13 individual delegated for that purpose by the superintendent. 14 (4) Any defect found from the examination, by which life 15 and limb may be endangered, shall be reported at once in 16 writing to the superintendent, who shall immediately proceed 17 to remedy the defect. Until that is accomplished, the 18 superintendent shall prohibit any individual from being 19 lowered into or hoisted from the mine by the defective 20 apparatus. 21 (5) The individual making the examination shall keep a 22 daily record of each inspection, in ink, in a book kept at 23 the mine office for that purpose. 24 (d) Cage requirements.-- 25 (1) (i) The operator or superintendent shall provide 26 every cage used for lowering or hoisting individuals with 27 handrails at sides or overhead or additional suitable 28 devices and with a bar or gate at ends. 29 (ii) Subparagraph (i) shall not apply to elevators 30 used exclusively for lowering and hoisting individuals. 20080S0949B2204 - 100 -
1 (2) The ropes shall be securely attached to the sides of 2 the drum of every machine that is used for lowering and 3 hoisting individuals or material into and out of the mine, 4 and the flanges shall have a clearance of not less than four 5 inches when the whole of the rope is wound on the drum. 6 (e) Signaling system.-- 7 (1) In all shafts and slopes where individuals, coal and 8 other materials are hoisted by machinery, a system of 9 signaling approved by the department shall be in effect. The 10 following code of signals shall be used: 11 (i) One signal to hoist the car or cage. 12 (ii) One signal to stop the car or cage when in 13 motion. 14 (iii) Two signals to lower the car or cage. 15 (iv) Three signals to hoist individuals. 16 (2) The hoist operator shall signal back when ready, 17 after which the individual shall get on the car or cage and 18 then one signal shall be given to hoist. 19 Section 250. Bottom person. 20 (a) Duties.--At every shaft or slope where individuals are 21 lowered into or hoisted from the mine, a bottom person, who 22 shall be over 21 years of age, shall be designated by the mine 23 foreman. The bottom person shall: 24 (1) Be on duty when individuals are being hoisted or 25 lowered at the beginning and end of each shift. 26 (2) Personally attend to the signals and see that the 27 provisions of this act in respect to hoisting individuals in 28 shafts or slopes are complied with. 29 (3) Not allow any tools to be placed on the same cage 30 with individuals or on either cage when they are being 20080S0949B2204 - 101 -
1 hoisted out of the mine, except for the purpose of repairing 2 the shaft or machinery in the shaft. Individuals shall place 3 their tools in containers or cars provided for that purpose, 4 which containers or cars shall be hoisted before or after the 5 individuals have been hoisted. 6 (4) Immediately inform the mine foreman of any 7 violation. 8 (5) Not attempt to withdraw the car until the cage comes 9 to a rest. 10 (6) When putting the full car on the cage, see that the 11 springs or catches are properly adjusted so as to keep the 12 car in its proper place, before giving the signal to the 13 hoist operator. 14 (b) When bottom person not required.--No bottom person shall 15 be required for automatically operated cages or elevators. 16 Section 251. Number of individuals to be hoisted. 17 (a) General rule.--No greater number of individuals shall be 18 lowered or hoisted at any one time in any shaft or slope than is 19 permitted by the department. Whenever the number of individuals 20 returning from work shall arrive at the bottom of the shaft or 21 slope in which individuals are regularly hoisted or lowered, 22 they shall be promptly furnished with an empty cage, car or 23 elevator and be hoisted to the surface. In cases of emergency, a 24 lesser number than permitted shall be promptly hoisted. 25 (b) Posting of notice.--A notice of the number permitted to 26 be lowered or hoisted at any one time shall be posted by the 27 operator or superintendent in conspicuous places at the top and 28 bottom of the shaft, and the cage or cages or other safe means 29 of egress shall be available at all times for the individuals 30 employed in any mine that has no second outlet available. 20080S0949B2204 - 102 -
1 Section 252. Top person. 2 (a) Duties.--At every shaft or slope where individuals are 3 lowered into or hoisted from a mine, a top person or trip rider, 4 who shall be over 21 years of age, shall be designated by the 5 superintendent. The top person shall: 6 (1) Be on duty when individuals are being hoisted or 7 lowered at the beginning and end of each shift. 8 (2) Personally attend to the signals and see that the 9 provisions of this act in respect to lowering and hoisting 10 individuals in shafts or slopes are complied with. The trip 11 rider may also perform this duty. 12 (3) Not allow any tools to be placed on the same cage 13 with persons or on either cage when persons are being lowered 14 into the mine, except for the purpose of repairing the shaft 15 or the machinery in the shaft. Individuals shall place their 16 tools in containers or cars provided for that purpose, which 17 containers or cars shall be lowered before or after the 18 individuals have been lowered. 19 (4) If located on a slope or incline plane, close the 20 safety block or other device as soon as the cars have reached 21 the landing in order to prevent any loose or runaway cars 22 from descending the slope or incline plane, and in no case 23 shall the safety block or other device be withdrawn until the 24 cars are coupled to the rope or chain and the proper signal 25 given. 26 (5) Carefully inspect each day all the machinery in and 27 about the headframe and the rope used, promptly report to the 28 superintendent any defect discovered and securely attach the 29 cars to the rope before lowering them down the incline. 30 (6) Ring the alarm bell in case of an accident and, when 20080S0949B2204 - 103 -
1 necessary, immediately set free the drop logs or safety 2 switch to act. 3 (7) If located in a shaft, see that the springs or keeps 4 for the cage rest upon and are kept in good working order. 5 (8) When taking off the full car, see that no coal or 6 other material falls down the shaft. 7 (b) When top person not required--No top person shall be 8 required for automatically operated cages or elevators. 9 (c) Reporting of individuals crowding or pushing.--Any 10 individual crowding or pushing to get on or off a cage, elevator 11 or car, thereby endangering life, shall be reported by any 12 individual to the superintendent, who in turn shall report the 13 incident to the department for appropriate action. 14 Section 253. Use of competent hoist operators. 15 (a) Prohibitions.-- 16 (1) No operator or superintendent of any bituminous coal 17 mine worked by shaft, slope or incline shall place in charge 18 of any hoist used for lowering or hoisting individuals in the 19 mine hoisting operators who are under 21 years of age. 20 (2) No hoist operator in charge of such machinery shall 21 allow any individual, except as may be designated for this 22 purpose by the operator or superintendent, to interfere with 23 any part of the machinery. 24 (3) No individual shall interfere with or intimidate the 25 hoist operator in the discharge of the duties of the hoist 26 operators. 27 (4) No individual shall ride on a loaded cage or car in 28 any shaft, slope or incline. This paragraph shall not be 29 construed to prevent a trip rider from riding during the 30 performance of his authorized duties. 20080S0949B2204 - 104 -
1 (b) Special precautions.--When individuals are being lowered 2 or raised, the hoist operator shall take special precautions to 3 keep the hoist well under control. 4 Section 254. Clearances and shelter holes. 5 (a) Specifications for clearances.-- 6 (1) Track switches, except room and entry development 7 switches, shall be provided with properly installed throws, 8 bridle bars and guard rails. 9 (2) Switch throws and stands, where possible, shall be 10 placed on the clearance side. 11 (3) Haulage roads shall have a continuous unobstructed 12 clearance of at least 30 inches from the widest extension of 13 regular coal transportation equipment on the clearance side. 14 On haulage roads where trolley lines are used, the clearance 15 shall be on the side opposite the trolley lines. The 16 clearance space on all haulage roads shall be kept free of 17 loose rock, coal, supplies or other materials, provided that 18 not more than 30 inches need be kept free of such 19 obstructions. 20 (4) Ample clearance shall be provided at all points 21 where supplies are loaded or unloaded along haulage roads or 22 conveyors. 23 (b) Specifications for shelter holes.-- 24 (1) (i) Shelter holes shall be provided on the 25 clearance side along designated travelways, which are 26 also used as haulage entries, other than belt conveyor 27 haulage entries. 28 (ii) Subparagraph (i) shall not apply to face area 29 or room haulageways. 30 (2) Shelter holes shall be spaced not more than 105 feet 20080S0949B2204 - 105 -
1 apart unless otherwise approved by the department. Shelter 2 holes shall be at least five feet in depth, not more than 3 four feet in width, level with the roadway and at least four 4 feet in height. 5 (3) Crosscuts may be used as shelter holes even though 6 their width exceeds four feet and they shall be kept clear 7 for a depth of at least six feet. 8 (4) Shelter holes shall be kept clear of refuse and 9 other obstructions. 10 (5) Shelter holes shall be provided at switch throws and 11 at manually operated permanent doors. 12 Section 255. Underground haulage equipment. 13 (a) Maintenance.--Underground haulage equipment shall be 14 maintained in a safe operating condition. An audible warning 15 device and headlights shall be provided on each locomotive and 16 each shuttle car. Rerailing devices shall be provided on all 17 locomotives. 18 (b) Warnings to be sounded.--Operators of haulage equipment 19 shall sound a warning on approaching curves, intersections, 20 doors, curtains, manway crossings or any other location where 21 individuals are likely to travel. 22 Section 256. Operation of haulage equipment. 23 (a) Duties of motormen and trip riders.--Motormen and trip 24 riders shall: 25 (1) Use care in handling locomotives and cars. 26 (2) See that the entire trip is coupled before starting. 27 (3) See that there is a conspicuous light or other 28 device approved by the department, properly maintained, on 29 the front and rear of each trip or train of cars when in 30 motion. 20080S0949B2204 - 106 -
1 (b) Prohibitions.-- 2 (1) No individual shall ride on locomotives unless 3 granted permission by the mine foreman. 4 (2) No individual shall ride on any loaded car or on the 5 outside of any car. 6 (3) No motorman or trip rider shall get on or off a 7 locomotive while it is in motion. 8 (4) No individual shall fly or run switches or ride on 9 the front bumper of a car. Back poling shall be permitted 10 only to the nearest turning point or when going up extremely 11 steep grades and then only cautiously and at slow speed. The 12 operator of a shuttle car shall face in the direction of 13 travel except during the loading operation when he may face 14 the loading machine. 15 (c) Duties of motormen.--Motormen shall: 16 (1) See that properly maintained safety devices are 17 placed on the last car of any trip being hauled upgrade, as 18 designated by the mine foreman and approved by the 19 department, on the front and rear of each trip or train of 20 cars when in motion. 21 (2) Inspect locomotives and report any mechanical 22 defects found to the proper mine official prior to operation. 23 The locomotive may not be operated until the defects are 24 corrected. 25 (3) If there is reason to leave a trip, see that the 26 trip is left in a safe place, secure from cars, locomotives 27 or other dangers and where it will not endanger the operators 28 of other trips or other individuals. 29 (d) System of signals, methods or devices.--A system of 30 signals, methods or devices shall be used to provide protection 20080S0949B2204 - 107 -
1 for trips, locomotives and other equipment coming out onto 2 tracks used by other equipment. Where a dispatcher is employed 3 to control trips, traffic shall move only at his direction. 4 Section 257. Trip rider and bottom individual on rope haulage. 5 (a) Duties of trip rider.--The trip rider shall see that all 6 hitchings are safe for use and that the trip is coupled before 7 starting. If at any time the trip rider sees any material defect 8 in the rope, link or chain, he shall immediately remedy the 9 defect or, if he is unable to do so, shall detain the trip and 10 report the matter to the mine foreman or the assistant. 11 (b) Duties of bottom individual.--The bottom individual at 12 the bottom of any slope shall see that cars are properly coupled 13 to a rope or chain and that the safety catch or other device is 14 properly attached to the rear car before giving the signal to 15 the hoisting operator. The bottom individual shall not allow any 16 individual to ride up the slope other than the trip rider. 17 Section 258. Transportation of individuals. 18 (a) General rule.--The speed of mantrips shall be governed 19 by the mine foreman, and mantrips shall be operated at safe 20 speeds consistent with the condition of roads and type of 21 equipment used. Mantrips or other adequate transportation, to be <-- 22 used exclusively for the movement of workers in and out of the 23 mine, shall be maintained at all times within 500 feet of the 24 working faces in active sections. Where track mounted mantrips 25 are utilized the track shall be maintained within 500 feet of 26 the working face, except when any section is fully developed and 27 being prepared for retreating, the distance of the mantrip may 28 be extended to 800 feet if a vehicle with rubber tires is 29 readily available in the working section. Each mantrip shall be 30 provided with an audible warning device, a sealed-beam 20080S0949B2204 - 108 -
1 headlight, or its equivalent, on each end, and reflectors on 2 both ends and sides. The distance from the nearest face to the 3 mantrip shall not exceed 1,000 feet. Each mantrip shall be under 4 the charge of a competent individual designated by the mine 5 foreman or the assistant mine foreman and operated independently 6 of any loaded trip of coal or other heavy material, but may 7 transport tools, small machine parts and supplies. 8 (b) Prohibition.--No individual shall: 9 (1) Ride under the trolley wire unless suitable covered 10 mantrips are used. 11 (2) Load or unload before the cars in which they are to 12 ride or are riding come to a full stop. Individuals shall 13 proceed in an orderly manner to and from mantrips. 14 (c) Adequate clearance and proper illumination.--Adequate 15 clearance and proper illumination shall be provided where 16 individuals load or unload mantrips. 17 (d) Adequate precautions.--Adequate precautions shall be 18 taken so that moving trips and standing cars are subject to 19 proper control by derailing or braking devices. 20 Section 259. Conveyor belts and conveyor equipment. 21 (a) Specifications.-- 22 (1) Except as otherwise provided under paragraph (2), 23 all conveyor entries shall be provided with a minimum width 24 and height of not less than four feet for travel and, in 25 conveyor entries in which track is installed, the minimum 26 amount of clearance width shall not be less than two and one- 27 half feet, which clearance width shall be continuous 28 throughout the entry. 29 (2) In lieu of maintaining four feet of height in 30 conveyor entries, a minimum height of three feet and a 20080S0949B2204 - 109 -
1 minimum width of four feet may be maintained, provided the 2 operator furnishes a mode of conveyance for men and material 3 other than on the conveyor. All such travel space and 4 clearance space shall be kept free of all forms of 5 obstruction underfoot and from electric wires and electric 6 cables. A space of not less than four feet in width shall be 7 provided for travel from the immediate entrance of each 8 working place to the face thereof, which space shall be kept 9 free of all forms of obstruction underfoot and free from 10 electric wires and electric cables. 11 (b) Cross points.--At all points where individuals must of 12 necessity cross conveyors, the conveyor at the point where the 13 crossing is made shall be so arranged that individuals can cross 14 safely and conveniently without coming into contact with the 15 conveyor. 16 (c) Automatic stop control.--Conveyors shall be equipped 17 with an automatic control that will stop the driving motor in 18 case of slipping on the drive pulley, and the control shall be 19 tested each operating shift to ascertain that it is in good 20 operating condition. 21 (d) Electric wires and cables.--All electric wires or 22 electric cables in completed portions of conveyor entries shall 23 be carried on insulators. 24 (e) Control lines.--Control lines shall be installed the 25 full length of the belt. 26 (f) Point type heat sensors.--Point type heat sensors shall 27 not be used as the primary type of fire sensors in any mine 28 opened more than six months after the effective date of this 29 section. 30 Section 260. Blowtorches and fuel. 20080S0949B2204 - 110 -
1 No blowtorch may be used in a mine. 2 Section 261. Oxygen and gas containers. 3 (a) General rule.--A substantial insulated container 4 provided with a cover and specially designed for safe 5 transportation of the cylinders shall be used in transporting 6 oxygen and gas tanks or cylinders in all bituminous coal mines. 7 (b) Identification.--All oxygen and gas tanks or cylinders 8 shall be clearly identified. 9 Section 262. Transportation of oxygen and gas. 10 (a) General rule.--Transportation of oxygen and gas tanks or 11 cylinders shall be permitted on self-propelled machinery or belt 12 conveyors specially equipped for safe holding of the containers 13 in transportation. In no instance shall such transportation be 14 permitted in conjunction with any mantrip. 15 (b) Marking of empty tanks and cylinders.--Empty oxygen and 16 gas tanks or cylinders shall be marked "empty" and shall be 17 removed from the mine promptly in proper containers. The valve 18 protection caps shall be placed on all tanks or cylinders for 19 which caps are provided when not in use and when being 20 transported. No oxygen and gas tanks or cylinders shall be 21 transported with the hoses and gauges attached. 22 (c) Identification of tanks and cylinders.--All oxygen and 23 gas tanks or cylinders shall be clearly identified. 24 Section 263. Storage of oxygen and gas. 25 (a) General rule.--All oxygen and gas tanks or cylinders 26 shall be properly secured and protected against possible damage 27 when stored in and about bituminous coal mines. When oxygen and 28 gas tanks or cylinders are stored in underground shops or 29 surface structures, they shall be protected from damage by 30 falling material and secured in an upright position. Not more 20080S0949B2204 - 111 -
1 than a one-week supply of oxygen or gas shall be stored in any 2 underground or surface shop. This quantity shall be determined 3 in agreement with the department. 4 (b) Valves and hoses.--The valves on oxygen and gas tanks or 5 cylinders shall be closed. The hoses shall be removed when not 6 in actual use, except in a properly ventilated and protected 7 underground machine shop or surface structure. Valves on empty 8 tanks or cylinders shall be kept closed. 9 Section 264. Use of oxygen and gas. 10 (a) General rule.--Oxygen and gas tanks or cylinders and 11 their contents must be used solely for their intended purposes. 12 (b) Training and clothing.--An individual assigned to use 13 and work with oxygen or gas shall be properly trained and 14 skilled in its use and shall be fully conversant with the danger 15 of its misuse. Any individual using oxygen or gas in and about a 16 bituminous coal mine shall be provided with goggles or shields, 17 and the clothing of such individual shall be reasonably free of 18 oil and grease. 19 (c) Lighting of torches.--Only a safe type of spark-lighter 20 shall be used for lighting torches. The use of matches, 21 cigarette lighters, electric arcs or hot metal to light or 22 relight a torch is prohibited. 23 (d) Maintenance.--The oxygen or gas hose lines, gauges and 24 similar equipment shall be maintained in safe operating 25 condition. Defective tanks, cylinders, gauges, hose lines, 26 torches and similar equipment shall be taken out of service upon 27 discovery and shall not be put into use until corrected and made 28 safe. 29 (e) Multiple units permitted.-- 30 (1) Multiple units consisting of one gas tank and one 20080S0949B2204 - 112 -
1 oxygen tank are permitted in a working section when 2 necessary. When not in use, the tanks shall be removed to a 3 point outby the last open crosscut and kept away from power 4 wires and electric equipment. A proper storage area must be 5 provided. 6 (2) This subsection does not apply to oxygen tanks used 7 to provide breathable air in the event of an emergency. 8 (f) Pressure.--Neither oxygen nor gas shall be used under 9 direct pressure from tanks or cylinders but must be used under 10 reduced pressure not exceeding pressures recommended by the 11 manufacturer of the oxygen or gas. 12 (g) Working sections.--Oxygen or gas cutting, burning or 13 welding shall be done in fresh intake air only in working 14 sections. The area where the work is to be done shall be 15 examined by a mine official before, during and after the welding 16 or burning to assure that no fire or other danger exists. In the 17 event the equipment to be repaired cannot be removed from the 18 face area to outby the last open crosscut, the following shall 19 be satisfied: 20 (1) Fresh intake air shall be established to a point 21 inby where the cutting or welding is to be performed. 22 (2) An approved gas detection device shall be used by a 23 mine official for gas detection during the cutting and 24 welding operation. 25 (3) No individual shall be permitted inby the point in 26 the working section where cutting or welding operations are 27 being performed. 28 (h) Safety requirements.-- 29 (1) When oxygen or gas cutting, burning or welding is 30 being done, a suitable fire extinguisher shall be kept on 20080S0949B2204 - 113 -
1 hand and ready for use. In dry or dusty locations, a water 2 line and tap under pressure or an adequate supply of rock 3 dust shall be available in the area where such work is 4 performed. 5 (2) Neither oxygen nor gas shall be used near oil, 6 grease or fine coal dust unless the oil, grease or fine coal 7 dust is adequately cleaned or made inert by the use of rock 8 dust or the area where the work is to be done is thoroughly 9 wetted. 10 (i) Intake air activity.--Oxygen or gas cutting, burning or 11 welding shall be done in intake air only. Underground shops 12 where oxygen gas burning occurs shall be on a separate split of 13 air. 14 (j) Tests for leaks.--Tests for leaks on hose valves or 15 gauges shall be made only with a soft brush and soapy water or 16 soapsuds. 17 (k) Torch-tip cleaners.--An efficient and proper type torch- 18 tip cleaner shall be kept on hand and used to maintain each 19 torch in safe operating condition. A suitable wrench designed 20 for oxygen and gas tanks shall be in the possession of the 21 individual authorized to use the equipment. 22 (l) Manifolding cylinders.--The practice known as 23 "manifolding cylinders" shall be permitted if the installation 24 is solidly grounded and operation thereof is in accordance with 25 recognized safe procedures. 26 (m) Protection from power lines.--Oxygen and gas tanks or 27 cylinders shall be protected from power lines or energized 28 electrical machinery or equipment, and such tanks or cylinders 29 shall be kept away from the place where the cutting is being 30 done in order to prevent damage or accident and to prevent heat 20080S0949B2204 - 114 -
1 from affecting such tanks or cylinders. 2 Section 265. Duties of individuals subject to this act. 3 It shall be the duty of each operator, superintendent, mine 4 foreman, assistant mine foreman and mine examiners and other 5 officials to comply with and to see that others comply with the 6 provisions of this act. It shall be the duty of all employees to 7 comply with this act and to cooperate with management and the 8 department in carrying out its provisions. Reasonable rules and 9 regulations of an operator for the protection of employees and 10 preservation of property that are in harmony with the provisions 11 of this act and other applicable laws shall be complied with. 12 Section 266. Protective clothing. 13 (a) Goggles.--Welders and helpers shall use proper shields 14 or goggles to protect their eyes. All employees shall have 15 approved goggles or eye shields and use them where there is a 16 hazard from flying particles or other eye hazards. 17 (b) Snug-fitting clothing.--Employees engaged in haulage 18 operations and all other individuals employed around moving 19 equipment on the surface and underground shall wear snug-fitting 20 clothing. 21 (c) Gloves.--Protective gloves shall be worn when material 22 which may injure hands is handled, but gloves with gauntlet 23 cuffs shall not be worn around moving equipment. 24 (d) Protective hats.--All individuals shall wear protective 25 hats while underground and while on the surface where falling 26 objects may cause injury. 27 (e) Protective footwear.--Protective footwear shall be worn 28 by employees, officials and others while on duty in and around a 29 bituminous coal mine. 30 Section 267. Checking systems. 20080S0949B2204 - 115 -
1 Each bituminous coal mine shall have a check-in and check-out 2 system that will provide positive identification of every 3 individual underground. An accurate record of the individuals in 4 the mine, which shall consist of a written record, a check 5 board, a time clock record or another approved method shall be 6 kept on the surface in a place that will not be affected in the 7 event of an emergency. The record shall bear a number or name 8 identical to the identification check carried by or fastened to 9 the belt of all individuals going underground. 10 Section 268. Prohibitions regarding endangering security of 11 mine. 12 (a) Prohibitions regarding ventilation.--No miner, worker or 13 other individual shall knowingly damage, obstruct or remove any 14 shaft, lamp, instrument, air course or other equipment, obstruct 15 or disrupt any portion of the mine's ventilation, carry open 16 lights, open a door closed for directing ventilation and not 17 close it again or enter any part of a mine that has been 18 dangered off. No individual shall deface, pull down or destroy 19 any notice boards, record books or mine maps. 20 (b) Smoking prohibition.--Open lights, smoking and smokers' 21 articles, including matches, are prohibited in bituminous coal 22 mines. No individual shall at any time enter a mine with or 23 carry into the mine any matches, pipes, cigars, cigarettes or 24 any device for making lights or fire not approved. In all mines 25 the operator may search or cause to be searched any individual, 26 including his clothing and material belongings, entering or 27 about to enter the mine, or inside the mine, to prevent such 28 individual from taking or carrying into the mine any of the 29 articles prohibited by this subsection. 30 (c) Intoxicated individuals.--No individual under the 20080S0949B2204 - 116 -
1 influence of alcohol or a controlled substance shall enter into 2 or loiter about any mine. No individual shall have in his 3 possession alcohol or controlled substances while in or about 4 the mine premises. This provision shall not apply to the use of 5 medication as prescribed for that individual. 6 Section 269. Responsibility for care and maintenance of 7 equipment. 8 Equipment operators shall exercise reasonable care in the 9 operation of the equipment entrusted to them and shall promptly 10 report defects known to them. 11 Section 270. Control of dust and other inhalation hazards. 12 Individuals exposed for short periods to gas, dust, fume and 13 mist inhalation hazards shall wear approved respiratory 14 equipment. When exposure is for prolonged periods, dust shall be 15 controlled by the use of approved dust collectors or by water or 16 other approved methods. 17 Section 271. Safeguards for mechanical equipment. 18 (a) Locking.--The cutting devices of mining machines shall 19 be locked securely by mechanical means or electrical interlocks 20 while the machines are parked or being trammed. Loading machines 21 shall not be trammed with loading arms in motion except when 22 loading materials. 23 (b) Guarding.--Belt chain or rope drives and the moving 24 parts of machinery which are within seven feet of the floor, 25 ground or platform level, unless isolated, shall be guarded 26 adequately. Repair pits shall be kept covered or guarded at all 27 times when not in use. Machinery shall not be lubricated or 28 repaired while in motion, except where safe remote lubricating 29 devices are used. Machinery shall not be started until the 30 individual lubricating or repairing it has given a clear signal. 20080S0949B2204 - 117 -
1 Guards that have been removed shall be replaced before the 2 machinery is again put into use. Provision shall be made to 3 prevent accumulation of spilled lubricants. 4 (c) Grinders.--Mechanically operated grinding wheels shall 5 be equipped with safety washers and substantial retaining hoods 6 covering two-thirds of the circumference of the wheel, and 7 goggles or eye shields shall be used. Where stationary grinders 8 are used, a tool rest shall be provided and the clearance 9 between the wheel and tool rest shall not exceed one thirty- 10 second of an inch. 11 Section 272. First aid equipment. 12 In every bituminous coal mine where individuals are employed 13 underground and in every active section of the mine, it shall be 14 the duty of the operator or superintendent of the mine to keep 15 on hand properly constructed stretchers, woolen and waterproof 16 blankets and all requisites for use in case of emergency. No 17 first aid material shall be removed or diverted without 18 authorization, except in case of accident in or about the mine. 19 It shall be the duty of the operator or superintendent to have 20 adequate ambulance service available promptly in the event of 21 injury to any employee. 22 Section 273. Fire protection. 23 (a) Firefighting equipment.--Each mine shall be provided 24 with suitable firefighting equipment adapted for the size and 25 conditions of the mine. 26 (b) Standards for firefighting equipment.--At a minimum, 27 firefighting equipment shall meet the following: 28 (1) Waterlines shall be capable of delivering 50 gallons 29 of water per minute at a nozzle pressure of 50 pounds per 30 square inch. 20080S0949B2204 - 118 -
1 (2) A portable water car shall be of at least 1,000 2 gallons capacity and shall have at least 300 feet of fire 3 hose with nozzles. A portable water car shall be capable of 4 providing a flow through the hose of 50 gallons of water per 5 minute at a nozzle pressure of 50 pounds per square inch. 6 (3) A portable chemical car shall carry enough chemicals 7 to provide a fire extinguishing capacity equivalent to that 8 of a portable water car. 9 (4) A portable foam-generating machine or device shall 10 have facilities and equipment for supplying the machine with 11 30 gallons of water per minute at 30 pounds per square inch 12 for a period of 35 minutes. 13 (5) A portable fire extinguisher shall be either: 14 (i) A multipurpose dry chemical type containing a 15 nominal weight of five pounds of dry powder and enough 16 expellant to apply the powder. 17 (ii) A foam-producing type containing at least 2.5 18 gallons of foam-producing liquids and enough expellant to 19 supply the foam. 20 (6) Only fire extinguishers approved by the Underwriters 21 Laboratories, Inc., or Factory Mutual Research Corp., 22 carrying appropriate labels as to the type and purpose shall 23 be used. All portable fire extinguishers shall have a 2A 10 24 BC or higher rating. 25 (7) The fire hose shall be lined with a flame-resistant 26 material. The cover shall be polyester or other material with 27 flame-spread qualities and mildew resistance equal or 28 superior to polyester. The bursting pressure shall be at 29 least four times the water pressure at the valve to the hose 30 inlet with the valve closed, and the maximum water pressure 20080S0949B2204 - 119 -
1 in the hose nozzle shall not exceed 100 pounds per square 2 inch. 3 (c) Working sections.-- 4 (1) Each working section of a mine producing 300 tons or 5 more per shift shall be provided with two portable fire 6 extinguishers and 240 pounds of rock dust in bags or other 7 suitable containers. Water lines shall extend to each section 8 loading point and be equipped with enough fire hose to reach 9 each working face unless the section loading point is 10 provided with one of the following: 11 (i) two portable water cars; 12 (ii) two portable chemical cars; or 13 (iii) one portable water car or one portable 14 chemical car, and either: 15 (A) a portable foam-generating machine; or 16 (B) a portable high-pressure rock-dusting 17 machine fitted with at least 250 feet of hose and 18 supplied with at least 60 bags of rock dust. 19 (2) Each working section of a mine producing less than 20 300 tons of coal per shift shall be provided with: 21 (i) Two portable fire extinguishers. 22 (ii) Two hundred and forty pounds of rock dust in 23 bags or other suitable containers. 24 (iii) At least 500 gallons of water and at least 25 three pails of ten-quart capacity. In lieu of the 500- 26 gallon water supply, a water line with sufficient hose to 27 reach the working places, a portable water car with a 28 500-gallon capacity or a portable all-purpose dry powder 29 chemical car of at least 125 pounds capacity may be 30 provided. 20080S0949B2204 - 120 -
1 (d) Belt conveyors.--In all mines, water lines shall be 2 installed parallel to the entire length of belt conveyors and 3 shall be equipped with fire hose outlets with valves at 300-foot 4 intervals along each belt conveyor and at tailpieces. At least 5 500 feet of fire hose with fittings suitable for connection with 6 each belt conveyor water line system shall be stored at 7 strategic locations along the belt conveyor. Water lines may be 8 installed in entries adjacent to the conveyor entry belt as long 9 as the outlets project into the belt conveyor entry. 10 (e) Haulage tracks.-- 11 (1) In a mine producing 300 tons of coal or more per 12 shift, water lines shall be installed parallel to all haulage 13 tracks using mechanized equipment in the track or adjacent 14 entry and shall extend to the loading point of each working 15 section. Water lines shall be equipped with outlet valves at 16 intervals of not more than 500 feet, and 500 feet of fire 17 hose with fittings suitable for connection with such water 18 lines shall be provided at strategic locations. Two portable 19 water cars, readily available, may be used in lieu of water 20 lines prescribed under this paragraph. 21 (2) In a mine producing less than 300 tons of coal per 22 shift, there shall be provided at 500-foot intervals in all 23 main and secondary haulage roads: 24 (i) a tank of water of at least 55-gallon capacity 25 with at least three pails of not less than ten-quart 26 capacity; or 27 (ii) not less than 240 pounds of bagged rock dust. 28 (f) Transportation.--Each track or off-track locomotive, 29 self-propelled mantrip car or personnel carrier shall be 30 equipped with one portable fire extinguisher. 20080S0949B2204 - 121 -
1 (g) Electrical installations.-- 2 (1) Two portable fire extinguishers or one extinguisher 3 having at least twice the minimum capacity specified for a 4 portable fire extinguisher specified in subsection (b)(5) 5 shall be provided at each permanent electrical installation. 6 (2) One portable fire extinguisher and 240 pounds of 7 rock dust shall be provided at each temporary electrical 8 installation. 9 (h) Oil storage stations.--Two portable fire extinguishers 10 and 240 pounds of rock dust shall be provided at each permanent 11 underground oil storage station. One portable fire extinguisher 12 shall be provided at each working section where 25 gallons or 13 more of oil is stored in addition to extinguishers required 14 under subsection (c). 15 (i) Welding, cutting and soldering.--One portable fire 16 extinguisher or 240 pounds of rock dust shall be provided at 17 locations where welding, cutting or soldering with arc or flame 18 is being done. 19 (j) Power lines.--At each wooden door through which power 20 lines pass, there shall be one portable fire extinguisher or 240 21 pounds of rock dust within 25 feet of the door on the intake air 22 side. 23 (k) Emergency materials.-- 24 (1) At a mine producing 300 tons of coal or more per 25 shift, there shall be readily available the following 26 materials at locations not exceeding two miles from each 27 working section: 28 (i) One thousand board feet of brattice boards. 29 (ii) Two rolls of brattice cloth. 30 (iii) Two handsaws. 20080S0949B2204 - 122 -
1 (iv) Twenty-five pounds of 8d nails. 2 (v) Twenty-five pounds of 10d nails. 3 (vi) Twenty-five pounds of 16d nails. 4 (vii) Three claw hammers. 5 (viii) Twenty-five bags of wood fiber plaster or ten 6 bags of cement, or equivalent material for stoppings. 7 (ix) Five tons of rock dust. 8 (2) At a mine producing less than 300 tons of coal per 9 shift, the materials set forth in this subsection shall be 10 available at the mine, provided, however, that the emergency 11 materials for one or more mines may be stored at a central 12 warehouse or building supply company and the supply must be 13 the equivalent of that required for all mines involved and 14 within an hour's delivery time from each mine. This exception 15 shall not apply where the active working sections are more 16 than two miles from the surface. 17 (l) Condition and examination of firefighting equipment.-- 18 All firefighting equipment shall be maintained in a usable and 19 operative condition. Chemical extinguishers shall be examined 20 every six months, and the date of the examination shall be 21 written on a permanent tag attached to the extinguisher. 22 (m) Branch lines.--As a part of the deluge-type water spray 23 system, two or more branch lines of nozzles shall be installed. 24 The maximum distance between nozzles shall not exceed eight 25 feet. 26 (n) Installation of foam generator systems.-- 27 (1) Foam generator systems shall be located so as to 28 discharge foam to the belt drive, belt take-up, electrical 29 controls, gear-reducing unit and conveyor belt. 30 (2) Foam generator systems shall be equipped with a fire 20080S0949B2204 - 123 -
1 sensor which actuates the system, and each system shall be 2 capable of producing and delivering the following amounts of 3 foam within five minutes: 4 (i) At fire-resistant belt installations, an amount 5 which will fully envelop the belt drive, belt take-up, 6 electrical controls, gear-reducing unit and conveyor belt 7 over a distance of 50 feet. 8 (ii) At non-fire-resistant belt installations, an 9 amount which will fully envelop the belt drive, belt 10 take-up electrical controls, gear-reducing unit and 11 conveyor belt over a distance of 150 feet. 12 (3) The foam generator shall be equipped with a warning 13 device designed to stop the belt drive when a fire occurs, 14 and all such warning devices shall be capable of giving both 15 an audible and visual signal when actuated by fire. 16 (4) Water, power and chemicals required shall be 17 adequate to maintain water or foam flow for no less than 25 18 minutes. 19 (5) Water systems shall include strainers with a flush- 20 out connection and a manual shut-off valve. 21 (o) Water sprinkler systems.--Water sprinkler systems may be 22 installed to protect main and secondary belt-conveyor drives, 23 however, where such systems are employed, they shall be 24 installed and maintained in accordance with subsections (p), 25 (q), (r), (s) and (t). 26 (p) Installation of water sprinkler systems.-- 27 (1) The fire-control components of each water sprinkler 28 system shall be installed, as far as practicable, in 29 accordance with the recommendations set forth in the National 30 Fire Protection Association, Code No. 13, entitled 20080S0949B2204 - 124 -
1 "Installation of Sprinkler Systems," in effect at the time of 2 installation, and such systems' components shall be of a type 3 approved by the Underwriters Laboratories, Inc., Factory 4 Mutual Research Corporation. 5 (2) Each sprinkler system shall provide protection for 6 the motor drive belt take-up, electrical controls, gear- 7 reducing unit and 50 feet of fire-resistant belt or 150 feet 8 of non-fire-resistant belt adjacent to the belt drive. 9 (3) The components of each water sprinkler system shall 10 be located so as to minimize the possibility of damage by 11 roof fall or by the moving belt and its load. 12 (q) Arrangement of sprinklers.-- 13 (1) At least one sprinkler shall be installed above each 14 belt drive, belt take-up, electrical control and gear- 15 reducing unit, and individual sprinklers shall be installed 16 at intervals of no more than eight feet along all conveyor 17 branch lines. 18 (2) Two or more branch lines, at least one of which 19 shall be above the top belt and one between the top and 20 bottom belt, shall be installed in each sprinkler system to 21 provide a uniform discharge of water to the belt surface. 22 (3) The water discharge rate from the sprinkler system 23 shall not be less than .25 gallon per minute per square foot 24 of the top surface of the top belt, and the discharge shall 25 be directed at both the upper and bottom surfaces of the top 26 belt and to the upper surface of the bottom belt. The supply 27 of water shall be adequate to provide a constant flow of 28 water for ten minutes with all sprinklers functioning. 29 (4) Each individual sprinkler shall be activated at a 30 temperature of not less than 150 degrees Fahrenheit and not 20080S0949B2204 - 125 -
1 more than 300 degrees Fahrenheit. 2 (5) Water systems shall include strainers with a flush- 3 out connection and a manual shutoff valve. 4 (r) Backup water system.--One fire hose outlet together with 5 a length of hose capable of extending to the belt drive shall be 6 provided within 300 feet of each belt drive. 7 (s) Fire warning devices at belt drives.--Each water 8 sprinkler system shall be equipped with a device designed to 9 stop the belt drive in the event of a rise in temperature, and 10 each warning device shall be capable of giving both an audible 11 and visual warning when a fire occurs. 12 (t) Examination and test.--Each water sprinkler system shall 13 be examined weekly, and a functional test of the complete system 14 shall be conducted at least once each year. 15 (u) Equivalent dry-pipe system.--Where water sprinkler 16 systems are installed to protect main and secondary belt 17 conveyor drives and freezing temperatures prevail, an equivalent 18 dry-pipe system may be installed. 19 (v) Dry-powder chemical systems.--Self-contained dry-powder 20 chemical systems may be installed to protect main and secondary 21 belt conveyor drives; however, where self-contained dry-powder 22 chemical systems are employed, they shall be installed and 23 maintained in accordance with the provisions of subsections (w), 24 (x), (y), (z), (aa), (bb), (cc) and (dd). 25 (w) Installation of dry-powder chemical systems.-- 26 (1) Self-contained dry-powder chemical systems shall be 27 installed to protect each beltdrive, belt take-up, electrical 28 controls, gear-reducing units and 50 feet of fire-resistant 29 belt or 150 feet of non-fire-resistant belt adjacent to the 30 belt drive. 20080S0949B2204 - 126 -
1 (2) The fire control components of each dry-powder 2 chemical system shall be a type approved by the Underwriters 3 Laboratories, Inc., or Factory Mutual Engineering 4 Corporation. 5 (3) The components of each dry-powder chemical system 6 shall be located so as to minimize the possibility of damage 7 by roof fall or by the moving belt and its load. 8 (x) Construction of dry-powder chemical systems.-- 9 (1) Each self-contained dry-powder system shall be 10 equipped with hose or pipe lines which are no longer than 11 necessary. 12 (2) Metal piping and hose between control valves and 13 nozzles shall have a minimum bursting pressure of 500 pounds 14 per square inch. 15 (3) Hose shall be protected by wire braid or its 16 equivalent. 17 (4) Nozzles and reservoirs shall be sufficient in number 18 to provide maximum protection to each belt, belt take-up, 19 electrical controls and gear-reducing unit. 20 (5) Each belt shall be protected on the top surface of 21 both the top and bottom belts and the bottom surface of the 22 top belt. 23 (y) Sensing and fire-suppression devices.-- 24 (1) Each self-contained dry-powder chemical system shall 25 be equipped with sensing devices which shall be designed to 26 activate the fire control system, sound an alarm and stop the 27 conveyor drive motor in the event of a rise in temperature, 28 and provision shall be made to minimize contamination of the 29 lens of any optical sensing device installed in the system. 30 (2) Where sensors are operated from the same power 20080S0949B2204 - 127 -
1 source as the belt drive, each sensor shall be equipped with 2 a standby power source which shall be capable of remaining 3 operative for at least four hours after a power cutoff. 4 (3) Sensor systems shall include a warning indicator or 5 test circuit which shows it is operative. 6 (4) Each fire suppression system shall be equipped with 7 a manually operated control valve which shall be independent 8 of the sensor. 9 (z) Dry powder requirements.--Each dry powder chemical 10 system shall contain the following minimum amounts of 11 multipurpose dry powder: 12 (1) One hundred and twenty-five pounds of dry powder for 13 fire resistant belts. 14 (2) Two hundred and twenty-five pounds of dry powder for 15 non-fire-resistant belts. 16 (aa) Nozzles, flow rate and direction.--The nozzles of each 17 dry-powder chemical system shall be capable of discharging all 18 powder within one minute after actuation of the system, and such 19 nozzles shall be directed so as to minimize the effect of 20 ventilation upon fire control. 21 (bb) Safeguards for dry-powder chemical systems.--Adequate 22 guards shall be provided along all belt conveyors in the 23 vicinity of each dry-powder chemical system to protect 24 individuals whose vision is restricted by a discharge of powder 25 from the system. Handrails shall be installed in these areas to 26 provide assistance to those passing along the conveyor after a 27 powder discharge. 28 (cc) Backup water system.--One fire hose outlet, together 29 with a length of hose capable of extending to the belt drive, 30 shall be provided within 300 feet of each belt drive. 20080S0949B2204 - 128 -
1 (dd) Inspection of dry-powder chemical systems.-- 2 (1) Each dry-powder chemical system shall be examined 3 weekly, and a functional test of the complete system shall be 4 conducted at least once each year. 5 (2) Where the dry-powder chemical system has been 6 actuated, all components of the system shall be cleaned 7 immediately by flushing all powder from pipes and hoses, and 8 all hose damaged by fire shall be replaced. 9 Section 274. Mine openings or outlets. 10 (a) Openings or outlets to the surface.--It shall be <-- 11 unlawful for the operator, superintendent or mine foreman to 12 employ an individual to work in the mine unless there are no 13 fewer than two intake openings or outlets to the surface from 14 every seam of coal being worked. The openings or outlets shall 15 have a distinct means of ingress and egress available, at all 16 times, for use by the employees. The two intake openings or 17 outlets to the surface required by this section shall not be at 18 a common shaft, slope or drift opening. Mines in operation prior 19 to the effective date of this act are not subject to the 20 requirements under this subsection. 21 (b) Exception.--The requirements of subsection (a) shall not 22 apply to the openings or outlets of a new mine being worked for 23 the purpose of making connections between the openings or 24 outlets, so long as no more than 20 individuals are employed in 25 making the connections. 26 (c) Shaft, slope and drift distances.--The distance between 27 shafts shall be not less than 200 feet. The distance between the 28 openings to the surface of slopes shall be not less than 150 29 feet. The distance between drifts shall be not less than 50 30 feet. Exceptions to the distance requirements specified in this 20080S0949B2204 - 129 -
1 subsection may be granted with the written consent of the 2 department. The passageways between openings or outlets shall be 3 maintained in a safe and available condition for the employees 4 to travel. The pillars in entries between the openings or 5 outlets shall not be removed. 6 (d) Number of entries.--Every mine shall have no fewer than 7 five main entries connected to the openings or outlets to the 8 surface. 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 20080S0949B2204 - 130 -
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 (e) Intake and return entries.--The intake and return 23 entries shall be kept reasonably drained and reasonably free 24 from refuse and obstructions of all kinds, so that individuals 25 may safely travel throughout their whole length and have a safe 26 means of egress from workings in case of emergency. The entries 27 shall be separated by pillars of coal of sufficient strength. 28 When the coal seam height is less than four and one-half feet, 29 employees shall be provided a means of transportation in and out 30 of the mine. 20080S0949B2204 - 131 -
1 (f) Passageway between workings.--In every slope with 2 workings on both sides, an overpass or underpass not less than 3 five feet wide and five feet high shall be provided as a 4 passageway for the use of employees to cross from one side of 5 the slope to the other. The overpass or underpass shall connect 6 with available passageways leading to the workings on both sides 7 of the slope. The intervening strata between the slope and the 8 overpass or underpass shall be of sufficient strength at all 9 points to insure safety to the employees, provided, however, 10 that if it is impracticable to drive an overpass or an underpass 11 in the solid, an overpass or underpass, if substantially built 12 with masonry or other incombustible material, will be deemed 13 sufficient. 14 (g) Shafts less than 100 feet deep.--If the opening or 15 outlet other than the main opening is a shaft not more than 100 16 feet in depth and is used by employees for the purpose of 17 ingress to or egress from the mine, it shall be kept available 18 and in safe condition, free from dangerous gases and all 19 obstruction, and shall be fitted with safe and convenient 20 stairways, with steps of an average tread of ten inches and a 21 rise of nine inches, not less than two feet in width and not to 22 exceed an angle of 45 degrees, and with landings not less than 23 24 inches in width and four feet in length, at easy and 24 convenient distances. Stairways shall be made safe by having 25 handrails of suitable material placed on one side, or on both 26 sides when requested by the department, and shall be inspected 27 every 24 hours by a certified mine official employed for that 28 purpose. Water that may come from the surface or from the strata 29 in the shaft shall be conducted away so it will not fall on the 30 stairways or on individuals while descending or ascending them. 20080S0949B2204 - 132 -
1 (h) Shafts more than 100 feet deep.--When a mine is operated 2 by a shaft more than 100 feet in depth, the individuals employed 3 in the shaft shall be lowered and hoisted by means of machinery 4 unless the second opening is a drift or a slope. When the 5 employees are lowered into or hoisted from the mine at the main 6 shaft opening, the second opening, if a shaft, shall be supplied 7 with a stairway, constructed in the manner designated in this 8 section or with suitable machinery for safely lowering and 9 hoisting individuals in case of an emergency. 10 (i) Slope openings.--At any mine where one of the openings 11 required is a slope and is used as a means of ingress and egress 12 by the employees, and where the angle of descent of the slope 13 exceeds 15 degrees and its length from the mouth of the opening 14 exceeds 1,000 feet, the employees shall be lowered into and 15 hoisted from the mine at a speed not to exceed six miles per 16 hour. At any mine where the angle of descent of the slope 17 averages from five to 15 degrees and its length exceeds 3,000 18 feet, the employees shall be lowered into and hoisted from the 19 mine at a speed not to exceed six miles per hour, provided, 20 however, that when a separate travelingway is provided at any 21 such slope, the owner or operator may, at the owner's or 22 operator's option, be exempt from the requirements of this 23 section if the angle of the travelingway does not exceed 20 24 degrees. 25 Section 275. Mining close to abandoned workings. 26 The superintendent shall not permit the mining of coal in any 27 seam the entire distance to a permit boundary, not including 28 boundaries around reservations or along crop lines, when on the 29 adjoining property there are mine workings in the seam within 30 3,000 feet of the permit boundary. A barrier pillar shall be 20080S0949B2204 - 133 -
1 left, from the operation to the permit boundary, of not less 2 than ten feet plus two feet for every foot or part of a foot of 3 thickness of the bed measured from the roof to the floor, plus 4 five feet for each 100 feet or part of 100 feet of cover over 5 the bed at the permit boundary. If the coal on one side of the 6 permit boundary has been mined, prior to the effective date of 7 this section, closer to the permit boundary than permitted, the 8 barrier pillar to be left in the mine approaching the permit 9 boundary shall be at least equal, when added to that already 10 left in the adjoining mine, to that required on both sides of 11 the permit boundary. If, in the opinion of the department or the 12 superintendent of either mining property, the barrier pillar is 13 deemed insufficient, after due notice to the operator of the 14 adjoining mining property, one-half of the barrier pillar shall 15 be left on each side of the permit boundary, except as provided 16 in this section. The department, the superintendent or owner of 17 either mining property shall determine the thickness necessary 18 to afford safety and protection. If it is agreed by the 19 department and superintendents of the adjoining coal mining 20 properties that the permit boundary is so located that there is 21 no danger to property or lives in mining coal on either or both 22 sides of the permit boundary up to the permit boundary, then 23 mining to the permit boundary shall be lawful if all danger from 24 accumulated water and gas shall have first been removed by 25 driving a passageway to tap and drain off any accumulations of 26 water and gas, as provided for in this act. 27 Section 276. Lubrication and storage of flammable lubricants. 28 The oiling or greasing of any cars inside any mine is 29 strictly prohibited unless the place where the oil or grease is 30 used is thoroughly cleaned at least once a day to prevent the 20080S0949B2204 - 134 -
1 accumulation of waste oil or grease. Not more than two days' 2 supply of flammable oil or lubricant shall be stored in any 3 portion of a mine unless it is kept in a fireproof building or a 4 structure cut out of solid rock. Oil or grease stored in the 5 face area shall be kept in approved containers and away from 6 power wires and electric equipment. Accumulations of spilled oil 7 or grease shall be rendered harmless. Excessive accumulations 8 shall be removed from the mine. Closed metal containers shall be 9 provided for the storage of oily rags or waste until removed for 10 disposal. If any flammable oil or lubricants are stored 11 underground, all reasonable safety practices shall be observed 12 in order to minimize any dangers of fire. 13 Section 277. Approved lighting and gas detection devices in 14 mines. 15 (a) Lighting.--It shall be unlawful to use open lights in 16 mines, and only approved electric cap lamps, approved 17 flashlights, approved safety lamps and other approved lighting 18 equipment shall be used in mines. 19 (b) Gas detection devices.--All approved gas detection 20 devices used for examining mines shall be in the care of the 21 mine foreman or some other competent individual appointed by the 22 mine foreman, who shall have a duty to examine, test and deliver 23 them in a safe condition to the individuals when entering the 24 mine and to receive gas detection devices from the individuals 25 when returning from work. 26 (c) Number of devices.--At every mine, a sufficient number 27 of approved gas detection devices shall be kept in good 28 condition for use in case of emergency. 29 (d) Entrusting of devices.--No approved gas detection 30 devices shall be entrusted to any individual for use in a mine 20080S0949B2204 - 135 -
1 until the individual has given satisfactory evidence to the mine 2 foreman that he understands the proper use of the gas detection 3 device and the danger of tampering with the device. 4 (e) Duty to return device.--It shall be the duty of every 5 individual who knows their approved gas detection device is 6 defective to return it immediately to a mine official. 7 Section 278. Unauthorized entry into mine. 8 Any individual who enters a mine without authorization from 9 the superintendent commits a misdemeanor of the second degree. 10 This section shall not be applicable to any individual who 11 enters a mine in the performance of any duty imposed upon him by 12 this act. 13 Section 279. Passing by or removing danger signs. 14 Except as specifically authorized in this act, no employee or 15 other individual shall pass by any danger sign into any mine, or 16 into any portion of any mine, or remove any danger sign before 17 the mine or portion of the mine has been examined and reported 18 to be safe. Any employee or other individual shall not pass by 19 any danger sign placed at the entrance to a working place, or 20 any other place in the mine, or remove the danger sign without 21 permission from the mine foreman, the assistant mine foreman or 22 the mine examiner. 23 Section 280. Miners to remain in work areas. 24 Each miner shall remain during working hours in the work area 25 assigned by the mine foreman or the assistant mine foreman. 26 Section 281. Sealing openings. 27 (a) Permanently abandoned shafts.--Every shaft permanently 28 abandoned shall be filled for its entire depth. The fill shall 29 extend from the bottom of the coal seam to a height of 50 feet 30 with incombustible material. 20080S0949B2204 - 136 -
1 (b) Out of service openings.--Every slope, drift or tunnel 2 permanently taken out of service shall be filled for a distance 3 of 25 feet with incombustible material. 4 (c) Drillholes and boreholes.--All drillholes and boreholes 5 permanently taken out of service after the effective date of 6 this act shall be effectively plugged or sealed. 7 (d) Openings available for future use.--Every shaft, slope, 8 drift or tunnel, temporarily taken out of service, which may be 9 used for future mining purposes shall be properly sealed or 10 fenced. 11 Section 282. Ladders in mines. 12 Permanently installed ladders in mines that are more than ten 13 feet in length and set on an angle of 60 degrees or more with 14 the horizontal shall be provided with substantial backguards, 15 and all ladders shall be maintained in good repair. 16 Section 283. Inside structures to be of incombustible 17 materials. 18 All buildings or structures in any bituminous coal mine shall 19 be constructed of incombustible materials. 20 Section 284. Washhouses. 21 It shall be the duty of the operator or superintendent of a 22 mine to provide a suitable building, convenient to the principal 23 entrance of the mine, for the use of employees of the mine to 24 wash and change clothes. The building shall be maintained in 25 good order and be properly lighted and heated, shall be provided 26 with hot and cold running water and facilities for individuals 27 to wash and shall include adequate sanitary facilities. The cost 28 of providing and maintaining the conveniences and facilities 29 shall be defrayed by the owner or operator of mine. 30 CHAPTER 3 20080S0949B2204 - 137 -
1 ELECTRICAL EQUIPMENT 2 Section 301. Duties of mine foreman and superintendent. 3 It shall be the duty of the mine foreman and superintendent 4 to see that the requirements of this chapter for the 5 installation and maintenance of electrical equipment are 6 observed in and around coal mines. 7 Section 302. Definitions. 8 As used in this chapter, the following words and terms shall 9 have the meanings given to them in this section unless the 10 context clearly indicates otherwise: 11 "Armored cable." A cable provided with a wrapping of metal, 12 usually steel wires or tapes, primarily for the purpose of 13 mechanical protection. 14 "Borehole cable." A cable designed for vertical suspension 15 in a borehole or shaft and is used for power circuits in a mine. 16 "Branch circuit." A tap taken off a main circuit. 17 "Cable sheath." A covering consisting of composition tapes, 18 compound jackets of natural or synthetic rubber, or 19 thermoplastic or fiber braids applied over the conductor 20 assembly and insulation of multiple conductor cables. 21 "Circuit breaker." A device which may be controlled by 22 relaying or protective equipment for interrupting a circuit 23 between separable contacts under normal or abnormal conditions. 24 "Delta-connected." A delta-connected power system is one in 25 which the windings of transformers or AC generators are 26 connected to form a triangular phase relationship, with the 27 phase conductors connected to each point of the triangle. 28 "Difference of potential." The difference of electrical 29 pressure or electromotive force existing between any two points 30 of an electrical system, or between any point of a system and 20080S0949B2204 - 138 -
1 the earth, as determined by a voltmeter or other suitable 2 instrument. 3 "Effectively grounded." Grounded through a grounding 4 connection of sufficiently low impedance, inherent or 5 intentionally added, or both, so that fault grounds which may 6 occur cannot build up voltages in excess of limits established 7 for apparatus, circuits or systems so grounded. 8 "Electric system." All electric equipment and circuits that 9 pertain to the operation of the mine and are under control of 10 the mine management. 11 "Electrical face equipment." Mobile or portable mining 12 machinery having electric motors or accessory equipment normally 13 installed or operated inby the last open crosscut in any entry 14 or room. 15 "Explosion-proof or flame-proof." Casings or enclosures 16 which, when completely filled with a mixture of methane and air 17 and the same exploded, are capable of either entirely confining 18 the products of the explosion within the casing or discharging 19 them from the casing so that they cannot ignite a mixture of 20 methane and air, combined in proportions most sensitive to 21 ignition and entirely surrounding the points of discharge, and 22 in most intimate proximity with the points of discharge. 23 "Flame-resistant cable." A cable that meets the MSHA testing 24 requirements for flame resistance and has been assigned an 25 approval. A cable shall also be considered flame-resistant if it 26 meets the criteria for flame resistance by a nationally 27 recognized testing lab that is equivalent to the MSHA testing 28 criteria and that is appropriately identified. All flame- 29 resistant cables used underground shall have the approval number 30 embossed or indented on the jacket at intervals not to exceed 12 20080S0949B2204 - 139 -
1 feet. 2 "Ground." A conducting connection, whether intentional or 3 accidental, between an electric circuit or equipment and earth 4 or to some conducting body which serves in place of the earth. 5 "Grounding conductor." A metallic conductor used to connect 6 the metal frame or enclosure of an equipment, device or wiring 7 system with an effective grounding medium. 8 "High voltage." Voltage higher than 1,000 volts nominal. 9 "Lightning arrestor." A protective device for limiting surge 10 voltages on equipment by discharging or bypassing surge current 11 and for preventing continued flow of current to ground. 12 "Low voltage." Voltage up to 660 volts nominal. 13 "Machine operator." An individual who possesses a machine 14 runners certification and is placed in charge of a portable or 15 mobile face machine of any sort where a gas examination is 16 required under this act or regulations promulgated under this 17 act. 18 "Medium voltage." Voltage from 661 to 1,000 volts nominal. 19 "Mine power center." A combined transformer and distribution 20 unit which may include a rectifier, complete within a metal 21 enclosure, from which one or more low-voltage, medium-voltage or 22 high-voltage power circuits are taken. 23 "Neutral." A neutral point of connection established through 24 the use of a grounding or zig-zag transformer with a normally 25 ungrounded delta power system. 26 "Neutral point." The connection point of transformer or 27 generator windings from which the voltage to ground is nominally 28 zero and is the point generally used for system grounding in a 29 wye-connected AC power system. 30 "Nonmetallic armor." A tough outer covering or cable sheath 20080S0949B2204 - 140 -
1 of rubber, rubber compound or thermoplastic designed to protect 2 the cable conductors and insulation from abrasion or other 3 damage from external sources. 4 "Portable trailing cable." A flexible cable or cord used for 5 connecting mobile, portable or stationary equipment in mines to 6 a trolley system or other external source of electric energy 7 where permanent mine wiring is prohibited or impracticable. 8 "Potential of a circuit." The voltage of a circuit machine 9 or any piece of electrical apparatus is the potential difference 10 normally existing between the conductors of such circuit or the 11 terminals of the machine or apparatus. 12 "Primary ground." A low impedance ground bed or system 13 consisting of several interconnected ground rods or buried 14 conducting mesh, or both, located near an outdoor substation and 15 used as a lightning arrestor or station ground or, separately, 16 as a basic ground for one conductor of a power transmission or 17 distribution system. A single ground rod of any length is not 18 considered a primary ground. 19 "Protection." Fuses or other suitable automatic circuit- 20 interrupting devices for preventing damage to circuits, 21 equipment and personnel by abnormal conditions, such as over- 22 current, high or low voltage and single phasing. 23 "Rectifiers." Alternating current to direct-current power 24 conversion devices of the mercury-arc, silicon, selenium or 25 other type. 26 "Shielded cable." A cable in which the insulated conductor is 27 covered with a conductive material for the purpose of clearing 28 ground faults. 29 "Voltage." The phase-to-phase or line-to-line root-mean- 30 square value assigned to a circuit or system for designation as 20080S0949B2204 - 141 -
1 its voltage class. Actual voltage at which the circuit or 2 systems operated may vary from the normal voltage with a range, 3 which permits satisfactory operation of the equipment. The 4 difference of electrical pressure or electromotive force 5 existing between any two points of an electrical system, or 6 between any point of a system and earth, as determined by a volt 7 meter or other instrument. The term shall be synonymous with the 8 term potential and shall mean electrical pressure. 9 "Wye-connected." A system in which one end of each phase 10 winding of transformers or AC generators are connected together 11 to form a neutral point, and the other ends of the windings are 12 connected to the phase conductors. 13 "Zig-zag transformer." A three-phase transformer used to 14 provide a neutral point on delta systems and capable of carrying 15 continuously the maximum ground fault current of the system. 16 Section 303. Plan of electrical system. 17 A plan shall be kept at the mine showing the location of all 18 stationary electrical apparatus in connection with the mine 19 electrical system, including permanent cables, conductors, 20 switches and trolley lines. The plan shall be of sufficient size 21 to show clearly the position of the apparatus, and the scale 22 shall not be less than 500 feet per inch. There shall be stated 23 on the plan the capacity in horsepower of each motor, and in 24 kilowatts of each generator, rectifier or transformer, and the 25 nature of its duty. The plans shall be corrected as often as may 26 be necessary to keep them up to date or at intervals not 27 exceeding six months. 28 Section 304. Protection against shock. 29 (a) Electrical work.--No electrical work shall be performed 30 on low-voltage, medium-voltage or high-voltage distribution 20080S0949B2204 - 142 -
1 circuits or equipment except by a qualified individual or by an 2 individual trained to perform electrical work and to maintain 3 electrical equipment under the direct supervision of a qualified 4 individual. Disconnecting devices shall be locked out and 5 suitably tagged by the individuals who perform the work, except 6 that in cases where locking out is not possible, the devices 7 shall be opened and suitably tagged by such individuals. Locks 8 or tags shall be removed only by the individual who installed 9 them or, if the individuals are unavailable, by an individual 10 authorized by the operator or the operator's agent. 11 (b) Insulating materials.--Mats of rubber, insulated 12 platform or other suitable insulating materials shall be 13 provided at all stationary transformers, rectifiers, motors and 14 generators and their controls, except portable and mobile 15 equipment. Gloves or mats of rubber or other suitable insulating 16 material shall be provided by the operator and used by qualified 17 individuals when energized parts of electrical apparatus have to 18 be handled for the purpose of adjustment. 19 Section 305. Restoration from shock. 20 Instruction shall be posted in every generating, transforming 21 and motor room and at the entrance to the mine containing 22 directions as to the restoration of individuals suffering from 23 electric shock. All employees working in connection with 24 electrical apparatus shall be familiar with and competent to 25 carry out the instructions. 26 Section 306. Report of defective equipment. 27 In the event of a breakdown or damage or injury to any 28 portion of the electrical equipment in a mine, overheating, the 29 appearance of sparks or arcs outside enclosed casings or in the 30 event of any portion of the equipment not a part of the 20080S0949B2204 - 143 -
1 electrical circuit becoming energized, the equipment shall be 2 disconnected from its source of power, the occurrence shall be 3 promptly reported to a mine official and the equipment shall not 4 be used again until necessary repairs are made. 5 Section 307. Damage or alteration to mine electrical system. 6 No individual shall willfully damage or without authority 7 alter or make connections to any portion of a mine electrical 8 system. 9 Section 308. Capacity. 10 All electrical apparatus and conductors shall be sufficient 11 in size and power for the work they may be called upon to do 12 and, as prescribed in this act, be efficiently covered or 13 safeguarded. The electrical apparatus and conductors shall be 14 installed, operated and maintained to reduce danger from 15 accidental shock or fire to the minimum and shall be constructed 16 and operated so that the rise in temperature caused by ordinary 17 operation will not injure the insulating materials. Where these 18 conditions are not met, affected equipment shall be removed from 19 service until corrective action is taken. 20 Section 309. Joints in conductors. 21 All joints in conductors shall be mechanically and 22 electrically efficient. Suitable connectors or screw clamps 23 shall be used. All joints in insulated wire shall, after the 24 joint is complete, be reinsulated to at least the same extent as 25 the remainder of the wire. 26 Section 310. Cables entering fittings. 27 The exposed ends of cables where they enter fittings of any 28 description shall be protected and finished off so that moisture 29 cannot enter the cable, or the insulating material, if of an 30 oily or viscous nature, leak. Where unarmored cables or wires 20080S0949B2204 - 144 -
1 pass through metal frames or into boxes or motor casings, the 2 holes shall be substantially bushed with insulating bushings 3 and, where necessary or required, with gas-tight bushings which 4 cannot readily become displaced. 5 Section 311. Switches, fuses and circuit breakers. 6 (a) Construction.--Fuses and automatic circuit breakers 7 shall be constructed as to effectively interrupt the current on 8 short circuit or when the current through them exceeds a 9 predetermined value. Open type fuses shall be provided with 10 terminals. Circuit breakers shall be of adequate interrupting 11 capacity. 12 (b) Trip setting.--Circuit breakers used to protect feeder 13 circuits shall be set to trip when the current exceeds by more 14 than 50% of the rated capacity of the feeder. In case the feeder 15 is subjected to overloads sufficient to trip the circuit breaker 16 but of short duration, the circuit breaker may be equipped with 17 a device which will prevent its acting unless the overload 18 persists for period longer than ten seconds. Trip current shall 19 be indicated at the circuit breaker. 20 (c) Fuses.--Fuses shall be stamped or marked or shall have a 21 label attached indicating the maximum current which they are 22 intended to carry. Fuses shall only be adjusted or replaced by a 23 competent individual authorized by the mine foreman. 24 (d) Protective fuses.--Fuses used to protect feeders shall 25 be a less current rating than the feeder. 26 (e) Incombustible base requirement.--All switches, circuit 27 breakers and fuses shall have incombustible bases. 28 Section 312. Lightning protection. 29 If the surface transmission lines of low voltage or medium 30 voltage from the generating station are overhead, there shall be 20080S0949B2204 - 145 -
1 lightning arrestors installed at the generating station. If the 2 distance from the generating station to the point where the line 3 enters the mine is more than 500 feet, an additional arrestor 4 shall be installed at that point. 5 Section 313. Underground power supply. 6 (a) Ground detectors.--All underground systems of 7 distribution that are completely insulated from earth shall be 8 equipped with properly installed ground detectors of suitable 9 design which will trip the circuit breaker when a ground fault 10 is detected. The ground detectors shall be maintained in working 11 condition. 12 (b) Protection of circuits leading underground.-- 13 (1) In every completely insulated feeder circuit in 14 excess of 25 kilowatts capacity, leading underground and 15 operating at a potential not exceeding the limits of medium 16 voltage, there shall be provided above ground a circuit 17 breaker arranged to open simultaneously each ungrounded 18 conductor. In addition, a positive disconnect means shall be 19 installed outby the circuit breaker. Overload protection 20 shall be provided to open the circuit breaker in case of 21 overload on any conductor. Fuses may be substituted for 22 circuit breakers in circuits transmitting 25 kilowatts or 23 less. Each power circuit in excess of 50 kilowatts leading 24 underground shall be provided with a suitable ammeter. 25 (2) Every alternating current feeder circuit leading 26 underground and operating at a potential exceeding the limits 27 of medium voltage shall be provided above ground with a 28 suitable circuit breaker. The breaker shall be equipped with 29 automatic overload trip, arranged to open simultaneously each 30 ungrounded power-carrying conductor. Each circuit shall also 20080S0949B2204 - 146 -
1 be provided with a suitable ammeter. 2 (c) Cables in shafts, slopes and boreholes.-- 3 (1) All cables passing underground through inclines, 4 boreholes and shafts shall be installed in a manner that will 5 prevent undue strain in the sheath, insulation or conductors 6 and damage by chafing of cables against each other or against 7 the borehole casing or shaft. All ungrounded power conductors 8 in shafts, boreholes and inclines shall be covered with 9 suitable insulating materials and installed to provide a 10 minimum tensile factor of safety of five. Conductors shall be 11 securely fastened and properly supported out of contact with 12 combustible materials. When the weight, length and 13 construction of a cable are such that suspension from its 14 upper end only would subject the cable to possible damage, it 15 shall be supported at intervals necessary to prevent undue 16 strains in the sheath, insulation and conductors and to 17 provide a minimum tensile factor of safety of five. Adequate 18 protection shall be provided so that no damage can result 19 from water, electrolysis, moving cages, skips, ice, coal or 20 other falling or moving materials. 21 (2) Installation of direct-current and alternating- 22 current cables carrying in excess of 25 kilowatts in the same 23 borehole shall require approval of the department. 24 (d) High-voltage underground transmission systems.--High- 25 voltage conductors or cables leading underground and extending 26 underground shall be of the flame-resistant type with either a 27 rubber, plastic or armor sheath meeting the requirements of the 28 department for flame resistance. When the cable is fed by high- 29 voltage systems other than that described in this chapter, it 30 shall be either metallic armored, installed in rigid steel 20080S0949B2204 - 147 -
1 conduit or buried one foot below combustible material. When 2 circuit and protective requirements are met, the cable 3 construction and method of installation may be that described in 4 this chapter. Cables shall be adequate for the intended current 5 and voltage. Splices made in cable shall provide continuity of 6 all components and shall be made in accordance with cable 7 manufacturers' recommendations. A competent individual 8 designated by the mine electrician shall supervise the making of 9 the splices. 10 (e) Braid covered cable.-- 11 (1) No power wires or cables having what is commonly 12 termed as weatherproof insulation or insulation consisting of 13 braided covering, which is susceptible to moisture absorption 14 from the outer surface to the conductor, shall be installed 15 in a mine. 16 (2) All insulated power cables purchased for use in a 17 mine shall be protected by a flame-resistant jacket and 18 assigned an approval number unless either armored or 19 installed in rigid steel conduit, a metal enclosure or a 20 fireproof room. 21 (f) Ventilation.-- 22 (1) Bare power conductors shall not be installed in an 23 air current that has passed through or by the first working 24 place in the air split. 25 (2) High-voltage transmission cable, high-voltage motors 26 and high-voltage transformers shall not be installed in any 27 air current that has passed through or by the first working 28 place in the air split. 29 (g) Underground cables in haulage roads.-- 30 (1) Where the cables or feed wires, other than trolley 20080S0949B2204 - 148 -
1 wires, in main haulage roads cannot be kept at least 12 2 inches from any part of a mine car or locomotive, they shall 3 be specially protected by proper guards. 4 (2) Cables and wires, except trailing or portable cables 5 or bare return cables, shall be installed on roofs, ribs, 6 walls or timbers by means of efficient insulators. All 7 electric cables constantly kept in rooms or pillars or other 8 work areas shall be carried on suitable supports to within 70 9 feet of the face of each work area. In no instance shall the 10 method of support damage the cable jacket or armor. 11 (3) When main or other roads are being repaired or 12 blasting is being carried on, suitable temporary protection 13 from damage shall be given to the cables. 14 (4) All other wires, except telephone, shot-firing and 15 signal wires, shall be on the same side of the road as the 16 trolley wire. 17 (5) Haulage block signal circuits and other control 18 circuits powered from the trolley shall be located on the 19 same side of the road as the trolley. 20 (h) Branch circuit protection.--When the potential of a 21 branch circuit exceeds the limit of medium voltage, it shall be 22 protected by a circuit breaker, except as otherwise permitted 23 under section 331(h). The circuit breaker shall be equipped with 24 an automatic overload trip arranged to open simultaneously each 25 ungrounded power carrying conductor. Provisions for positive 26 disconnection of the branch circuit shall be included. 27 (i) Underground transformer and substation rooms.-- 28 (1) Any motor-generator, rectifier except those 29 described in subsection (r), rotary converter or oil-filled 30 transformer installed in a mine shall be enclosed in a 20080S0949B2204 - 149 -
1 fireproof chamber of masonry or in an effectively grounded 2 approved steel structure. These buildings shall be provided 3 with automatically closing fire doors, but the automatic 4 features of fire doors may be omitted if a substation 5 attendant is employed. The openings of the doors shall be 6 safeguarded by grillwork so that only authorized individuals 7 may enter the room. No electrical equipment containing 8 inflammable material shall be placed within eight feet of a 9 door or opening in the underground building. All underground 10 substations containing rotary machinery shall have an 11 attendant constantly on duty while rotating machinery is in 12 operation, unless adequate control and protection of the 13 equipment is assured by the use of suitable automatic 14 devices. No transformer, circuit breaker, controller or other 15 device containing more than 20 gallons of inflammable liquid 16 shall be placed in any underground substation. A separate 17 split of air shall adequately ventilate the substation. No 18 substation shall be built in any mine until the location, 19 material, construction and method of ventilation for the 20 substation has received the approval of the department. 21 (2) Main and distribution switch and fuse boards shall 22 be made of incombustible, moisture-resistant, insulating 23 material and fixed in as dry a situation as practicable or 24 shall be of suitable metal construction, exposed portions of 25 which shall be effectively grounded. All switches, circuit 26 breakers, rheostats, fuses and instruments used in connection 27 with underground motor-generators, rotary-converters, high- 28 voltage motors, transformers, and low-voltage and medium- 29 voltage motors of more than 50 horsepower or 50 KVA capacity 30 shall be installed upon a suitable switchboard or in a metal- 20080S0949B2204 - 150 -
1 clad switchgear structure. Similar equipment for low-voltage 2 and medium-voltage motors of 50 horsepower and less may be 3 separately installed if mounted upon insulating bases of 4 suitable material or effectively metal clad. 5 (j) Clearances.-- 6 (1) In underground stations where switchboards are 7 installed, there shall be a passageway in front of the 8 switchboard not less than three feet in width, and, if there 9 are any high-voltage connections at the back of the 10 switchboard, any passageway behind the switchboard shall not 11 be less than three feet. The floor at the back of the 12 switchboard shall be properly floored and insulated with 13 nonconducting material, accessible from each end. In the case 14 of high-voltage, switchboards shall be kept locked, but the 15 lock shall allow the door being opened from the inside 16 without the use of a key. 17 (2) Where the supply is at a voltage exceeding the 18 limits of medium voltage, there shall be no live metal work 19 on the front of the main switchboard within seven feet of the 20 floor or platform, and the space provided under paragraph (1) 21 shall not be less than four feet. Insulating floors or mats 22 shall be provided for medium-voltage boards where live metal 23 work is on the front. 24 (k) Transformers.--The primary of each underground power 25 transformer shall be protected by a suitable circuit breaker 26 equipped with automatic overload trip arranged to open 27 simultaneously each ungrounded power conductor. The primary of a 28 transformer of less than 25 KVA capacity operated at a potential 29 lower than high voltage may be protected by fuses. When a 30 transformer is the only load on a branch circuit, the branch 20080S0949B2204 - 151 -
1 circuit protection can be considered the transformer protection. 2 (l) Outgoing feeder protection.--Main circuits leaving 3 underground substations or transformer stations shall be 4 protected by circuit breakers. 5 (m) Grounding.--All metallic coverings, metal armoring of 6 cables and the frames and bedplates of generators, transformers 7 and motors shall be effectively grounded. 8 (n) Identification of hazard.--All high-voltage machines and 9 apparatus shall be marked to clearly indicate that they are 10 dangerous, by the use of the words "Danger, High Voltage." 11 (o) Protection of terminals.--All terminals on machines, 12 motors or equipment over medium-voltage underground shall be 13 protected with insulating covers or metal covers effectively 14 connected to the ground. 15 (p) Unauthorized individuals.--No individual, other than one 16 authorized by the mine foreman or mine electrician, shall enter 17 a station or transformer room or interfere with the working of 18 any connected apparatus. 19 (q) Fire protection.--Rock dust or fire extinguishers 20 suitable for extinguishing electrical fires shall be kept ready 21 for immediate use at electrical stations and transformer rooms. 22 (r) Fireproof rectifiers and transformers.--A portable 23 rectifier with a dry-type transformer, except those using pumped 24 tubes or glass bulb mercury arc tubes or a dry-type transformer 25 designed for underground use with adequate automatic electrical 26 protection and substantially of fireproof construction, fully 27 metal clad, which will not be in the same location in excess of 28 one year, may be installed in any intake air current, not beyond 29 the last open crosscut and not closer than 250 feet along the 30 air route to pillar workings. The location where the fireproof 20080S0949B2204 - 152 -
1 rectifier or transformer is installed need not be made fireproof 2 with masonry or steel, but shall be equipped with doors, 3 grillwork or otherwise to prevent entry or access by 4 unauthorized individuals. 5 Section 314. Storage battery equipment. 6 (a) General rule.--All storage battery equipment and 7 charging stations shall be designed, operated and ventilated so 8 that gas from the batteries will be safely diluted. Storage 9 battery charging stations shall be on a separate split of air. 10 (b) Flammable materials.--The presence of flammable 11 materials is not permitted in any storage battery room or 12 charging station. Signs to this effect shall be posted in all 13 battery rooms or charging stations. 14 (c) Use in face areas.--Storage battery-operated equipment 15 may be used in face areas when all electrical parts that are 16 practicable to enclose are enclosed in explosion-proof casings 17 and the batteries are adequately ventilated. 18 Section 315. (Reserved). 19 Section 316. Electrical equipment. 20 (a) Voltage restriction.--Hand-held tools shall be 21 restricted to a maximum of 300 volts. 22 (b) Grounding.--The frame of all off-track equipment shall 23 be effectively grounded through a safety ground conductor in its 24 trailing cable. 25 (c) Hand-held tools.--Electric drills and other electrically 26 operated rotating tools intended to be hand held shall be 27 equipped with an integrally mounted electric switch designed to 28 break the circuit when the hand releases the switch. 29 (d) Trailing cables.-- 30 (1) Trailing cables for equipment shall be safely and 20080S0949B2204 - 153 -
1 efficiently insulated and constructed with an outer sheath or
2 jacket of flame-resistant material as approved by the
3 department.
4 (2) Cables for hand-held tools shall be especially
5 flexible, heavily insulated and effectively protected from
6 damage.
7 (3) Each trailing cable on mobile equipment in use shall
8 be examined prior to operating the equipment WITHIN TWO HOURS <--
9 at the beginning of each shift by the machine operator for
10 abrasions and other defects. The machine operator shall also
11 carefully observe the trailing cable while in use and shall
12 immediately report any defect to the mine official in charge.
13 (4) In the event of the trailing cable in service
14 breaking down or becoming damaged in any way, or of it
15 inflicting a shock upon any individual, it shall be put out
16 of service at once. The faulty cable shall not be used again
17 until it has been repaired and tested by a properly
18 authorized individual.
19 (5) The trailing cable shall be divided at the machine
20 to which it is supplying power, but only for such length as
21 is necessary for making connection to the machine terminals.
22 The trailing cable, with its outer covering complete, shall
23 be securely clamped to the machine frame in a manner that
24 will protect the cable from injury and prevent any mechanical
25 strains on the single ends connected to the machine
26 terminals.
27 (6) No more than five temporary splices shall be made in
28 any trailing cable. After the fifth splice is made, the cable
29 shall be changed before the machine is operated on the
30 following shift. Trailing cables on equipment without a cable
20080S0949B2204 - 154 -
1 reel shall have no temporary splices within 50 feet of the 2 machine before the machine is operated on the following 3 shift. Cable jacket repairs not involving conductors or 4 conductor insulation are not considered temporary splices. 5 (7) Trailing cables shall be hung or adequately 6 protected to prevent them from being run over and damaged by 7 mobile machinery. 8 (8) Trailing cables on off-track equipment shall contain 9 a safety ground conductor, which shall be solidly connected 10 to the machine frame. Cables found to contain defective 11 grounds shall be repaired before use or shall be replaced. 12 The safety ground conductor shall have a cross-sectional area 13 of at least 50% of that of a single power conductor unless 14 used with ground trip protective systems employing ground 15 fault current limiting devices, in which case a smaller 16 safety ground may be used. 17 (e) Motors.--In all mines electrical equipment in use inby 18 the last open crosscut shall have all current-carrying parts 19 completely enclosed in explosion-proof enclosures. This 20 requirement shall not include trailing cable, except where 21 terminated, and shall not include flexible cable as required 22 between motors, controllers, terminal boxes and other 23 auxiliaries. The enclosures shall not be opened except by an 24 authorized individual and then only when the power is switched 25 off. The power shall not be switched on while the enclosures are 26 open. Only permissible equipment is permitted inby the last 27 permanent stopping, except in rooms where open-type equipment 28 may be used only in intake travelways. This exception does not 29 include power distribution equipment. 30 (f) Safeguarding.--The individual in charge of mobile 20080S0949B2204 - 155 -
1 electrical equipment shall not leave the equipment while it is 2 working and shall, before leaving the work area, see that power 3 is cut off the trailing cables. 4 (g) Explosion-tested compartments.--All explosion-tested 5 compartments and packing glands shall be maintained as approved 6 by the department. 7 (h) Detection of gas.-- 8 (1) In working places, an approved hand-held gas 9 detection device shall be provided for use with each machine 10 when working. If methane gas is detected in an amount of 1% 11 or greater, the individual in charge shall immediately stop 12 the machine, cut off the current at the nearest switch and 13 report the matter to a mine official. 14 (2) When not in use, equipment shall be parked away from 15 the face. No electrically operated permissible face equipment 16 shall be taken inby the last open breakthrough until the 17 machine operator assures that an inspection for gas has been 18 made in the place where the machine is to be in operation. If 19 methane gas is detected in an amount of 1% or greater by a 20 gas detection device, the machine shall not be taken in. The 21 place shall be dangered off until the gas has been removed or 22 rendered harmless. 23 (3) No electrically operated equipment shall be in use 24 for a period longer than 20 minutes without a check for 25 methane gas as required under this subsection. If methane gas 26 is found at 1% or greater, the individual in charge shall 27 immediately stop the machine, cut off the current at the 28 nearest switch and report the matter to a mine official. 29 (4) The individual finding gas shall at once report the 30 fact to the mine foreman, assistant mine foreman or mine 20080S0949B2204 - 156 -
1 examiner, and the machine shall not again be started in that 2 place until the mine examiner or an individual duly 3 authorized by the mine foreman has examined it and pronounced 4 it safe. 5 (5) If any electric sparking or arc is produced outside 6 a coal-cutting or other portable motor, or by the cables or 7 rails, the machine shall be stopped, disconnected from the 8 power supply and not be worked again until the defect is 9 repaired and the occurrence shall be reported to a mine 10 official. 11 (i) Methane monitors.-- 12 (1) Methane monitors shall be installed on all face- 13 cutting machines and other mechanized equipment used to 14 extract or load coal in a mine. The sensing device for 15 methane monitors shall be installed at the return end of the 16 longwall face. An additional sensing device shall also be 17 installed on the longwall shearing machine, down wind and as 18 close to the cutting head as is practicable. The sensing 19 devices for methane on other types of machines shall be 20 installed as close to the working face as is practicable. 21 Methane monitors shall be maintained in permissible and 22 proper operating conditions and shall be calibrated with a 23 known air-methane mixture at least once every 31 days. To 24 assure that methane monitors are properly maintained and 25 calibrated, the operators shall do all of the following: 26 (i) Use individuals properly trained in the 27 maintenance, calibration and permissibility of methane 28 monitors to calibrate and maintain the devices. 29 (ii) Maintain a record of all calibration tests of 30 methane monitors. Records shall be maintained in a secure 20080S0949B2204 - 157 -
1 book that is not susceptible to alteration or 2 electronically in a computer system so as to be secure 3 and not subject to alteration. 4 (iii) Retain the record of calibration tests for one 5 year from the date of the test. Records shall be retained 6 at a surface location at the mine and made available to 7 department representatives and representatives of the 8 mine workers. 9 (2) When the methane concentrations at any methane 10 monitor reach 1%, the monitor shall give a warning signal. 11 The warning signal of the methane monitor shall be visible to 12 the mining machine operator, who can de-energize electric 13 equipment or shut down diesel equipment on which the monitor 14 is mounted. A gas check shall be completed in accordance with 15 this act if at any time the methane concentrations at any 16 methane monitor reach 1.5%. This shall only apply if the 17 methane monitor maintains a warning signal for methane 18 concentrations of 1.5%. 19 (3) The methane monitor shall automatically de-energize 20 electric equipment or shut down diesel-powered equipment when 21 the methane accumulation reaches 2% or the methane monitor is 22 not operating properly. 23 Section 317. Inspection of equipment. 24 (a) Inspection required.--All electrical equipment shall be 25 inspected by the mine electrician or individual designated by 26 the mine electrician weekly and, where necessary, shall be 27 cleaned and repaired. 28 (b) Removal of coal dust.--All electric motors and cables in 29 mechanical sections shall have all excessive coal dust removed 30 from their exterior surfaces once each operating shift. 20080S0949B2204 - 158 -
1 Section 318. Stationary motors. 2 Every stationary motor underground, together with its 3 starting equipment, shall be protected by a fuse or circuit- 4 breaking device on each ungrounded pole and by switches arranged 5 to entirely cut off the power from the motor. The devices shall 6 be installed in a convenient position near the motor, and every 7 stationary underground motor of 100 brake horsepower or over 8 shall be provided with a suitable meter to indicate the load on 9 the machine. 10 Section 319. Permanent underground installation. 11 All electrical equipment not covered elsewhere under this 12 act, and except room hoists and gathering pumps which will 13 remain in the same location for a period of one year or more, 14 shall be completely housed in an incombustible structure built 15 of tile, brick, stone, concrete or grounded steel plates not 16 less than one-eighth inch in thickness, securely joined. 17 Section 320. Underground illumination. 18 (a) Sockets.--In all mines, the sockets of fixed electric 19 lamps shall be of so-called weatherproof type, the exterior of 20 which shall be entirely nonmetallic. Flexible lamp cord 21 connections are prohibited, except for portable lamps as 22 provided under subsection (c). 23 (b) Lamps.--Electric lamps shall be placed so they cannot 24 come in contact with combustible material. 25 (c) Portable electric lamps.--Portable electric lamps, other 26 than battery lamps, shall not be used in connection with the 27 repair and inspection of machines and equipment in face areas. 28 When used elsewhere, they shall be protected by a heavy wire 29 cage completely enclosing both lamp and socket and shall be 30 provided with a handle to which both cage and socket are firmly 20080S0949B2204 - 159 -
1 attached and through which the lead-in wires are carried. 2 (d) Electric lamp enclosure.--Electric lamps, when used in 3 face areas of any mine, shall be installed in explosion-proof 4 enclosures. 5 (e) Electric lamp replacement.--Electric lamps shall be 6 replaced by a competent individual. In face areas, a qualified 7 individual shall be utilized after an examination for gas has 8 been made with an approved gas detection device. 9 (f) Underground photography.--Underground photography using 10 flash bulbs or other sources of artificial illumination shall be 11 prohibited unless immediately preceded by an examination for gas 12 by a mine foreman, assistant mine foreman or mine examiner and 13 the place found safe. 14 Section 321. Telephones and signaling. 15 (a) Telephone service.--Telephone service or equivalent two- 16 way communication facilities shall be provided in all mines 17 between the surface and each working section that is more than 18 1,500 feet from the main portal. 19 (b) Telephone lines.--Telephone lines shall be carried on 20 insulators, installed on the opposite side from power or trolley 21 wires and insulated adequately where they cross power or trolley 22 wires. 23 (c) Lightning arrestors.--Lightning arrestors shall be 24 provided at points where telephone circuits enter the mine. 25 (d) Telephone cables.--Telephone cables permanently 26 installed in power boreholes containing unarmored power cables 27 shall be either armored or protected at top and bottom by 28 insulating transformers. 29 (e) Precautions.--All proper precautions shall be taken to 30 prevent electric signal and telephone wires from coming into 20080S0949B2204 - 160 -
1 contact with other electric conductors, whether insulated or 2 not. 3 (f) Standards generally.--Bells, wires, insulators, contact 4 makers and other apparatus used in connection with electric 5 signaling underground shall be of suitable design and of 6 substantial and reliable construction and erected in such a 7 manner as to reduce the liability of failures or false signals 8 to a minimum. 9 (g) Potential.--In the face areas of any mine, the potential 10 used for signal purposes shall not exceed 24 volts, and bare 11 wires shall not be used for signal circuits. 12 (h) Voltage on signal circuits.--The voltage on signal 13 circuits confined to intake air and using insulated conductors 14 may be greater than 24 volts, but shall not exceed 125 volts 15 average. This shall not apply to haulage block signal systems. 16 Section 322. Grounding. 17 (a) General rule.--In a direct-current electrical system, 18 grounding shall consist in so connecting any part of an 19 electrical system, including frames, to the earth that there 20 shall be no difference of potential between them. 21 (b) Negative side to be grounded.--Only the negative side of 22 the direct-current circuit shall be grounded. 23 (c) Rectifier diodes.--Rectifier diodes used at any 24 bituminous coal mine shall be connected to the supply circuit 25 through an isolating winding in order that isolation between 26 alternating current and direct-current systems is effective. 27 (d) Initial installation.--The initial installation of 28 rectifiers at any bituminous coal mine shall be approved by the 29 department before being energized. 30 Section 323. Voltage limitation. 20080S0949B2204 - 161 -
1 In no case shall the potential used in the trolley system be 2 higher than 600 volts. 3 Section 324. Incoming feeder-disconnect switches. 4 Disconnecting switches shall be installed underground in all 5 main direct-current power circuits within 500 feet of the bottom 6 of shafts, boreholes or at other places where main power 7 circuits enter a mine. 8 Section 325. Bonding. 9 Where air or water pipes parallel the grounded return of 10 power circuits, the return shall be securely bonded to the pipes 11 at frequent intervals to eliminate the possibility of a 12 difference of voltage between rails and pipes and to prevent 13 electrolysis of the pipes. The rail return shall be of 14 sufficient capacity for the current used, independent of the 15 capacity of the pipes. On main haulage roads, both rails shall 16 be bonded, except welded track, and cross bonds shall be placed 17 at points not to exceed 200 feet apart. On secondary haulage 18 roads, one rail shall be bonded continuously. 19 Section 326. Trolley installation. 20 (a) Trolley wires and feeder lines.--All trolley wires and 21 feeder lines installed on underground haulage roads shall be 22 placed as far to one side of the passageway as is practicable, 23 but not less than six inches outside of line of rail, and 24 securely supported upon hangers which shall not be more than 24 25 feet apart and efficiently insulated. 26 (b) Prohibition.--In all mines, trolley and feeder wires 27 shall not extend beyond the last open crosscut and shall be kept 28 at least 150 feet from open pillar workings. 29 (c) Switches or circuit breakers.--All branch trolley lines 30 shall be fitted with either a trolley switch, circuit breaker or 20080S0949B2204 - 162 -
1 section insulator and line switch or some other device that will 2 allow the current to be shut off from the branch headings. 3 Switches or circuit breakers shall be provided on haulage roads 4 to de-energize all trolley and feeder lines at intervals not to 5 exceed 2,000 feet. 6 Section 327. Connections to trolley. 7 (a) Permanent connections.--All permanent connections to 8 trolley feeder circuits shall be made with suitable mechanical 9 connectors. No temporary or permanent connection shall be 10 wrapped or tied. 11 (b) Temporary connections.--Temporary connections for 12 portable equipment may be made through fused trolley taps. 13 (c) Safety ground and negative connections.--Safety ground 14 and negative connections for temporary or permanent 15 installations shall be made at two separate points, at least six 16 inches apart, and shall be made directly to the track, a bond or 17 the system ground. 18 Section 328. Guarding. 19 At all landings and partings or other places where 20 individuals are required to regularly work or pass under trolley 21 or other bare power wires, which are placed less than six and 22 one-half feet above top of rail, a suitable protection shall be 23 provided. This protection shall consist of placing boards along 24 the wire, which boards shall not be more than five inches apart 25 nor less than two inches below the lowest point of the wire. The 26 distance between boards on curves may exceed five inches, but 27 shall not exceed eight inches. This does not prohibit the use of 28 other approved devices or methods furnishing equal or better 29 protection. 30 Section 329. Locomotives. 20080S0949B2204 - 163 -
1 (a) Electric haulage.--Electric haulage by trolley 2 locomotive is not permitted except on intake air. 3 (b) Certain operation prohibited.--It shall be unlawful to 4 run or operate a locomotive, fed directly or indirectly from a 5 trolley wire, by the open entrances to worked out places wherein 6 the pillars have been drawn or places in which the pillars have 7 not been drawn but in places where the roof has collapsed. 8 (c) Certain use proscribed.--No open-type electric 9 locomotive or open-type electric machine of whatsoever type 10 shall be taken into a working place. Main return airways or 11 passageways shall not be used as haulageways for electric 12 locomotives operated from a trolley wire. 13 Section 330. Outdoor substation. 14 The outdoor substation shall be built in accordance with 15 current Institute of Electrical and Electronics Engineers' 16 standards and department equipment performance specification and 17 shall include: 18 (1) Protective fence or enclosure. 19 (2) Primary or incoming line lightning arrestors. 20 (3) Positive disconnecting means on the incoming or 21 primary line with a circuit breaker or fuses to interrupt 22 safely any current, normal or abnormal, which might be 23 encountered. 24 (4) Transformer bank to convert the incoming or primary 25 voltage to the transmission voltage. The use of auto- 26 transformers for this purpose is prohibited. Secondary or 27 underground transmission voltage shall not exceed 15,000 28 volts, nominal, phase to phase. The transformer may be 29 connected delta-wye, wye-delta or delta-delta. Wye-wye 30 connections shall not be used because of voltage instability 20080S0949B2204 - 164 -
1 under some conditions of load. In the event that the 2 secondary winding is delta-connected, the neutral necessary 3 for the four-wire transmission circuit shall be derived by 4 the use of a three-phase zig-zag or grounding transformer. 5 Where grounding transformers are used, they shall be of 6 sufficient capacity to carry maximum ground fault current 7 continuously. Should the substation primary or supply voltage 8 equal the mine transmission voltage, the main transformer 9 bank may be omitted and the zig-zag transformer used to 10 derive a system neutral if one is not otherwise available. 11 (5) Secondary lightning arrestors. 12 (6) Ground fault-current limiting resistor capable of 13 continuously limiting ground fault current to 25 amperes or 14 less. The resistor shall be adequately insulated and shall be 15 protected by a grounded fence or screen unless mounted eight 16 feet or more above ground. 17 (7) Secondary or mine feeder circuit breaker with 18 interrupting capacity adequate for any possible condition of 19 fault and no less than the short circuit capacity of the 20 system supplying power to the breaker. Positive disconnect 21 means shall be provided on the input and output side of the 22 breaker. Use of automatic reclosing circuit breakers is 23 prohibited. Breaker automatic tripping shall be through 24 protective relays and shall provide, as a minimum, tripping 25 by undervoltage, instantaneous and inverse time limit phase 26 overcurrent, ground fault current not exceeding 15 amperes 27 and ground-continuity check not exceeding seven amperes. The 28 ground-continuity check circuit shall continuously monitor 29 the integrity of the neutral circuit leading underground and 30 shall cause the breaker to open when either the ground or 20080S0949B2204 - 165 -
1 pilot check wire is broken. An ammeter capable of reading 2 current in each phase and a voltmeter capable of reading 3 phase-to-phase voltage shall be provided at the circuit 4 breaker. 5 (8) Surge protection or station ground bed to which 6 shall be connected all lightning arrestor grounds, substation 7 equipment frame grounds, fence, if metallic, and substation 8 structure, if metallic. There shall be no direct connection 9 between this ground bed and either the grounded side of the 10 mine direct-current system or the neutral ground bed 11 described below. 12 (9) Neutral or primary ground bed located at least 25 13 feet away from the station ground at its closest point and to 14 which shall be connected only the inby or load end of the 15 neutral current limiting resistor. To prevent current 16 transformer core saturation by stray direct current return 17 currents, or neutral conductor damage, there shall be no 18 direct or metallic connection between any point of the high- 19 voltage alternating current neutral circuit and the mine 20 direct-current ground. 21 (10) Ground bed resistance shall be measured at least 22 every six months and appropriate action taken to assure the 23 maintenance of four ohms or less of ground bed resistance. A 24 record of these resistance measurements shall be kept in a 25 book provided for that purpose. 26 Section 331. High-voltage underground transmission system. 27 (a) Underground.--High-voltage cables leading underground 28 and extending underground shall be of the multiple conductor 29 flame-resistant type with a rubber, plastic or armor sheath 30 meeting the requirements of the department for flame resistance. 20080S0949B2204 - 166 -
1 They shall be equipped with metallic shields around each power 2 conductor. One or more ground conductors shall be provided of a 3 total size either: 4 (1) not less than one-half the power conductor size; or 5 (2) capable of carrying two times the maximum ground 6 fault current. 7 There shall also be provided an insulated conductor not smaller 8 than No. 10 AWG for the ground-continuity check circuit. Cables 9 shall be adequate for the intended current and voltage. Splices 10 made in the cable shall provide continuity of all components and 11 shall be made in accordance with the cable manufacturers' 12 recommendations. A competent individual designated by the mine 13 electrician shall supervise the making of splices. 14 (b) Subject to flexing.--High-voltage cables subject to 15 repeated flexing shall be similar in construction to type SH-D 16 in accordance with Insulated Power Cable Engineers Association 17 standard S-19-81. 18 (c) Couplers.--If couplers are used, they shall be of the 19 three-phase type with a full metallic shell and shall be 20 adequate for the voltage and current expected. All exposed metal 21 on the couplers shall be grounded to the ground conductor in the 22 cable. The coupler shall be constructed so that the ground 23 continuity conductor shall be broken first and the ground 24 conductor shall be broken last when the coupler is being 25 uncoupled. 26 (d) Equipment passing over or under cable.--At locations 27 where cables cross haulageways or travelways or where equipment 28 must pass over or under the cable, the cables shall be either 29 installed in a trench in the roof, protected by some mechanical 30 means or buried at least 12 inches below combustible material 20080S0949B2204 - 167 -
1 and adequately protected from crushing by the weight of 2 equipment passing over it. 3 (e) Location of installation.--High-voltage cables shall be 4 installed only in intake airways. They may be installed on 5 intake haulageways only with the approval of the department. The 6 cable may be installed by hanging on suitable hooks or clamps, 7 supported by a suitable messenger cable, burying or installing 8 in metal conduit. When suspended, the distance between supports 9 shall not exceed 20 feet, and they shall be so placed that they 10 do not damage the cable jacket. When hung in a haulage entry 11 containing a trolley wire, the cable shall be installed at least 12 12 inches from the trolley wire or feeder wires and away from 13 the track. 14 (f) Excess cable.--Any excess cable which is connected and 15 supplying a load shall be coiled, stored on a reel or otherwise 16 stored at a place near the load where it can be protected by 17 dangering off the storage area. The cable shall not exceed 1,000 18 feet in length. 19 (g) Frames and enclosures.--Frames and enclosures of high- 20 voltage switch units, transformers, metallic cable couplers and 21 splice boxes shall be grounded to the common or primary ground 22 for the system in the high-voltage cable. 23 (h) Taps or branch circuits.--Taps or branch circuits from 24 the high-voltage feeder shall be made through circuit breakers 25 or suitable load break switches. 26 (i) Nonload breaking disconnect switches.--When nonload 27 breaking disconnect switches are used for sectionalizing high- 28 voltage circuits, they shall be fully metal clad, equipped with 29 a door interlock to break the ground-continuity check circuit, 30 thus tripping the feeding breaker when the door is open, and a 20080S0949B2204 - 168 -
1 voltmeter or indicating lights to verify that the circuit is 2 deenergized before the disconnected switches are opened. 3 (j) Applicability.--For the purpose of interpretation and 4 compliance with subsection (h) and section 313(h), the following 5 apply: 6 (1) A branch circuit is a subportion of the high-voltage 7 system, serving one or more loads. The branch circuit begins 8 at the junction or splitting of the high-voltage system. The 9 junction consists of the following distinct elements: 10 (i) Input feeder, which delivers power from the 11 source. 12 (ii) Output feeder, which may extend the feeder to 13 other parts of the high-voltage system. 14 (iii) Branch circuit. 15 The output feeder is not considered as a branch circuit and 16 is not required to have electrical protection at the 17 junction, but receives electrical protection either at the 18 source substation or at some place between the source 19 substation and the junction. The branch circuit is required 20 to have protection at the junction. 21 (2) A tap supplies power to the high-voltage loads 22 located entirely within the enclosure where the connection is 23 made. Where no splitting of the feeder cable occurs, neither 24 a tap nor branch is created. 25 (3) A suitable load-break switch, which may be used in 26 lieu of a circuit breaker, is a gang-operated switch with a 27 voltage rating not less than the system voltage, capable of 28 interrupting a current equal to its continuous full load 29 rating and to be used in conjunction with fuses to provide 30 overload and short circuit protection for the load being 20080S0949B2204 - 169 -
1 served. 2 Section 332. Load center. 3 Transmission voltage shall be reduced to machine utilization 4 voltage by a portable transformer or load center of adequate 5 capacity for the equipment powered by it. The transformer shall 6 be of the dry type, ventilated, nonventilated or sealed, 7 substantially constructed and completely enclosed in a metal 8 case. The metal enclosure shall be connected to the high-voltage 9 system ground conductor in the high-voltage cable. Complete load 10 center construction shall render it essentially fireproof. In 11 addition to these requirements, the following shall be observed: 12 (1) Connection of the high-voltage cable to the load 13 center shall be made through a cable coupler of the type 14 described in section 331(c). 15 (2) The load center shall be equipped with a positive 16 disconnect means on the incoming or high-voltage circuit. 17 This may consist of a circuit breaker, load-break switch, 18 disconnect switch or other device. The following apply: 19 (i) If a circuit breaker is used for this purpose, 20 it shall be equipped with instantaneous and inverse time 21 limit phase overcurrent and undervoltage relaying 22 protection. 23 (ii) If a device other than a circuit breaker is 24 used, it shall be so arranged that it cannot be operated 25 until the ground continuity check circuit in the high- 26 voltage cable has opened causing the nearest feeding 27 circuit breaker to trip. 28 (3) The restriction of section 330(4) pertaining to 29 transformer connections and use of zig-zag grounding 30 transformers also apply to the load center. 20080S0949B2204 - 170 -
1 (4) The transformer secondary neutral, direct or 2 derived, shall be connected to machine trailing cable safety 3 ground conductors through a ground current limiting resistor 4 capable of limiting ground fault current to 25 amperes or 5 less. The inby side of the resistor shall be grounded to the 6 load center frame if no DC equipment powered from a common 7 mine DC system can contact the frames of AC equipment powered 8 by this load center. In the event there is a possibility of 9 frame contact between AC equipment and DC equipment supplied 10 from a common DC mine system, the inby side of the resistor 11 may be insulated from the load center frame and shall be 12 solidly connected to the DC ground system. 13 (5) The load center shall be equipped with a main 14 secondary breaker of adequate interrupting capacity with 15 tripping devices which shall feed individual machine breakers 16 located either in the load center or external to it in a 17 separate distribution center. External utilization voltage 18 connections shall be made through receptacles arranged so 19 that they cannot be uncoupled under load. 20 (6) Load centers shall be located on intake air only. 21 Load centers shall not be located beyond the last open 22 crosscut or located closer than 250 feet along the air route 23 to pillar workings. 24 Section 333. Distribution centers. 25 (a) General rule.--Distribution centers may be used to 26 distribute utilization power to portable equipment. The 27 distribution center may be connected to the load center through 28 one or more cables or conductors protected by flame-resistant 29 jackets with combined capacity sufficient to carry the maximum 30 loads that may be encountered. The distribution center shall 20080S0949B2204 - 171 -
1 contain breakers adequate to interrupt any fault current that 2 might occur, which shall feed each unit of equipment that is 3 connected to the distribution center. Each breaker shall be 4 equipped with tripping devices that will function, on overload, 5 phase fault and ground fault. Distribution centers shall be 6 located on intake air only, and shall not be located beyond the 7 last open crosscut or closer than 150 feet from pillar workings 8 unless the distribution center shall have an approved explosion- 9 proof enclosure. 10 (b) Cables.--Utilization voltage cables shall be fitted with 11 plug couplers and provision made so that cables cannot be 12 uncoupled under load. All plugs and sockets shall be 13 substantially constructed, and any exposed metal portions shall 14 be grounded. Couplers shall be constructed so that the ground 15 conductor connection is broken last during uncoupling. 16 (c) Ground conductors.--Utilization voltage conductors, 17 cables or conductor groups shall contain one or more ground 18 conductors which when combined shall be able to carry safely and 19 continuously at least twice the maximum ground fault current. 20 (d) Option.--A combined alternating and direct-current 21 distribution or load center complete within a substantially 22 fireproof metal enclosure, with a dry type transformer and solid 23 state rectifier and adequate automatic electrical protection, 24 may be used to distribute alternating and direct current 25 utilization power. The power supply to this unit may be low, 26 medium or high voltage. When high voltage is utilized, the 27 requirements of section 332 shall apply. When medium or low 28 voltage is utilized, this section shall apply. However, when an 29 external DC distribution device is employed, the rectifier 30 output may be taken through a main DC circuit breaker to that 20080S0949B2204 - 172 -
1 device without the use of a plug and receptacle system. 2 Section 334. Mandatory safety components of electrical 3 equipment. 4 (a) Requirement.--Low-voltage, medium-voltage and high- 5 voltage resistance ground systems shall have ground wire 6 monitors to continuously monitor the continuity of the grounding 7 circuits to the equipment affected, except for: 8 (1) Low-voltage and medium-voltage circuits supplying 9 power to longwall illumination systems. 10 (2) Low-voltage and medium-voltage stationary equipment 11 installed in accordance with all of the following: 12 (i) The equipment is permanently installed at a 13 fixed location. 14 (ii) All load components are securely attached to a 15 common metallic frame or structure. 16 (iii) Each component of the equipment is grounded by 17 two independent equipment safety grounding, each sized 18 appropriately. 19 (iv) At least one of the equipment safety ground 20 conductors to each component is visible for its entire 21 length. High-voltage resistance grounded systems shall 22 have ground wire monitors to continuously monitor the 23 continuity of the grounding circuits. All ground wire 24 monitors shall be designed and constructed to be 25 failsafe. 26 (b) Study.--The mining industry shall initiate a study to 27 enhance the safety of underground direct-current machine cables. 28 The program shall include an evaluation of ground wire monitors 29 for use on all direct-current equipment. The program shall 30 include laboratory and underground testing. The test results 20080S0949B2204 - 173 -
1 shall be documented and presented to the Board of Coal Mine 2 Safety no later than 365 days after the effective date of this 3 act for action by the board. 4 (c) Additional study.--The mining industry shall initiate a 5 study to enhance the safety of underground cables. The program 6 shall include an evaluation of metallic shielded cable, 7 nonmetallic shielded cable and more sensitive ground fault 8 limiting and detection. The program shall include laboratory and 9 underground testing. The results shall be documented and 10 presented to the Board of Coal Mine Safety no later than 365 11 days after the effective date of this act for action by the 12 board. 13 (d) Plugs.--If plugs are used on any cable in a mine, the 14 plugs must be interlocked. 15 Section 335. High-voltage longwalls. 16 Sections 336 through 344 are electrical safety standards that 17 apply to high-voltage longwall circuits and equipment. All other 18 standards established under this act also apply to longwall 19 circuits and equipment when appropriate. The department shall 20 consider existing Federal interpretations of comparable 21 standards when implementing and enforcing these requirements. 22 Section 336. Longwall electrical protection. 23 (a) High-voltage circuits.--High-voltage circuits must be 24 protected against short circuits, overloads, ground faults and 25 undervoltages by circuit-interrupting devices of adequate 26 interrupting capacity as follows: 27 (1) Current settings of short-circuit protective devices 28 must not exceed the setting specified in approval 29 documentation or 75% of the minimum available phase-to-phase 30 short-circuit current, whichever is less. 20080S0949B2204 - 174 -
1 (2) Time-delay settings of short-circuit protective 2 devices used to protect any cable extending from the section 3 power center to a motor-starter enclosure must not exceed the 4 settings specified in approval documentation or one-quarter 5 second, whichever is less. Time-delay settings of short- 6 circuit protective devices used to protect motor and shearer 7 circuits must not exceed the settings specified in approval 8 documentation or three cycles, whichever is less. 9 (3) Ground-fault currents must be limited by a neutral 10 grounding resistor to not more than: 11 (i) six and one-half amperes when the nominal 12 voltage of the power circuit is 2,400 volts or less; or 13 (ii) three and three-quarters of an ampere when the 14 nominal voltage of the power circuit exceeds 2,400 volts. 15 (4) High-voltage circuits extending from the section 16 power center must be provided with all of the following: 17 (i) Ground-fault protection set to cause de- 18 energization at not more than 40% of the current rating 19 of the neutral grounding resistor. 20 (ii) A backup ground-fault detection device to cause 21 de-energization when a ground fault occurs with the 22 neutral grounding resistor open. 23 (iii) Thermal protection for the grounding resistor 24 that will de-energize the longwall power center if the 25 resistor is subjected to a sustained ground fault. The 26 thermal protection must operate at either 50% of the 27 maximum temperature rise of the grounding resistor or 150 28 Centigrade or 302 Fahrenheit, whichever is less, and must 29 open the ground-wire monitor circuit for the high-voltage 30 circuit supplying the section power center. The thermal 20080S0949B2204 - 175 -
1 protection must not be dependent upon control power and 2 may consist of a current transformer and overcurrent 3 relay. 4 (5) High-voltage motor and shearer circuits must be 5 provided with instantaneous ground-fault protection set at 6 not more than 0.125 of an ampere. 7 (6) Time-delay settings of ground-fault protective 8 devices used to provide coordination with the instantaneous 9 ground-fault protection of motor and shearer circuits shall 10 not exceed one-quarter second. 11 (7) Undervoltage protection shall be provided by a 12 device which operates on low voltage to cause and maintain 13 the interruption of power to a circuit to prevent automatic 14 restarting of the equipment. 15 (b) Current transformers.--Current transformers used for the 16 ground-fault protection specified in subsection (a)(1), (4)(i) 17 and (5) must be single window type and must be installed to 18 encircle all three-phase conductors. Equipment safety grounding 19 conductors must not pass through or be connected in series with 20 ground-fault current transformers. 21 (c) Test circuit.--Each ground-fault current device 22 specified in subsection (a)(4)(i) and (5) must be provided with 23 a test circuit that will inject a primary current of 50% or less 24 of the current rating of the grounding resistor through the 25 current transformer and cause each corresponding circuit- 26 interrupting device to open. 27 (d) Prohibition.--Circuit-interrupting devices shall not 28 reclose automatically. 29 (e) Multiple cables.--Where two or more high-voltage cables 30 are used to supply power to a common bus in a high-voltage 20080S0949B2204 - 176 -
1 enclosure, each cable must be provided with ground wire 2 monitoring. The ground wire monitoring circuits must cause de- 3 energization of each cable when either the ground monitor or 4 grounding conductor of any cable becomes severed or open. On or 5 after the effective date of this section, parallel-connected 6 cables on newly installed longwalls must be protected as 7 follows: 8 (1) when one circuit-interrupting device is used to 9 protect parallel-connected cables, the circuit-interrupting 10 device must be electrically interlocked with the cables so 11 that the device will open when any cable is disconnected; or 12 (2) when two or more parallel circuit-interrupting 13 devices are used to protect parallel-connected cables, the 14 circuit-interrupting devices must be mechanically and 15 electrically interlocked. Mechanical interlocking shall cause 16 all devices to open simultaneously and electrical 17 interlocking shall cause all devices to open when any cable 18 is disconnected. 19 Section 337. Longwall disconnect switches. 20 (a) Section power center.--The section power center must be 21 equipped with a main disconnecting device installed to de- 22 energize all cables extending to longwall equipment when the 23 device is in the open position. 24 (b) Maintenance.--Disconnecting devices for motor-starter 25 enclosures must be maintained in accordance with the 26 department's approval. The compartment for the disconnect device 27 must be provided with a caution label to warn miners against 28 entering the compartment before de-energizing the incoming high- 29 voltage circuits to the compartment. 30 (c) Rating.--Disconnecting devices must be rated for the 20080S0949B2204 - 177 -
1 maximum phase-to-phase voltage of the circuit in which they are 2 installed and for the full load current of the circuit that is 3 supplied power through the device. 4 (d) Installation.--Each disconnecting device must be 5 designed and installed so that: 6 (1) Visual observation determines that the contacts are 7 open without removing any cover. 8 (2) All load power conductors can be grounded when the 9 device is in the open position. 10 (3) The device can be locked in the open position. 11 (e) Capability.--Disconnecting devices, except those 12 installed in explosion-proof enclosures, shall be capable of 13 interrupting the full load current of the circuit or designed 14 and installed to cause the current to be interrupted 15 automatically prior to the opening of the contacts of the 16 device. Disconnecting devices installed in explosion-proof 17 enclosures shall be maintained in accordance with the 18 department's approval. 19 Section 338. Guarding of longwall cables. 20 (a) High-voltage cables.--High-voltage cables shall be 21 guarded at the following locations: 22 (1) Where individuals regularly work or travel over or 23 under the cables. 24 (2) Where the cables leave cable handling or support 25 systems to extend to electric components. 26 (b) Intent and design of guarding.--Guarding shall minimize 27 the possibility of miners contacting the cables and protect the 28 cables from damage. The guarding shall be made of grounded metal 29 or nonconductive flame-resistant material. 30 Section 339. Longwall cable-handling and support systems. 20080S0949B2204 - 178 -
1 Longwall mining equipment shall be provided with cable- 2 handling and support systems that are constructed, installed and 3 maintained to minimize the possibility of miners contacting the 4 cables and to protect the high-voltage cables from damage. 5 Section 340. Use of longwall insulated cable handling 6 equipment. 7 (a) General rule.--Energized high-voltage cables shall not 8 be handled except when motor or shearer cables need to be 9 trained. When cables need to be trained, high-voltage insulated 10 gloves, mitts, hooks, tongs, slings, aprons or other personal 11 protective equipment capable of providing protection against 12 shock hazard shall be used to prevent direct contact with the 13 cable. 14 (b) Standards, examinations, testing and replacement.--High- 15 voltage insulated gloves, sleeves and other insulated personal 16 protective equipment shall: 17 (1) have a voltage rating of at least Class 1, 7,500 18 volts, that meets or exceeds ASTM F496-97, Standard 19 Specification for In-Service Care of Insulating Gloves and 20 Sleeves (1997); 21 (2) be examined before each use for visible signs of 22 damage; 23 (3) be removed from the underground area of the mine or 24 destroyed when damaged or defective; and 25 (4) be electrically tested every six months. 26 Section 341. Maintenance. 27 Compartment separation and cover interlock switches for 28 motor-starter enclosures shall be maintained in accordance with 29 section 342. 30 Section 342. High-voltage longwall mining systems. 20080S0949B2204 - 179 -
1 (a) General rule.--In each high-voltage motor-starter 2 enclosure, with the exception of a controller on a high-voltage 3 shearer, the disconnect device compartment, 4 control/communications compartment and motor contactor 5 compartment shall be separated by barriers or partitions to 6 prevent exposure of personnel to energized high-voltage 7 conductors or parts. Barriers or partitions shall be constructed 8 of grounded metal or nonconductive insulating board. 9 (a.1) High-voltage shearers.--In each motor-starter 10 enclosure on a high-voltage shearer, the high-voltage components 11 shall be separated from lower voltage components by barriers or 12 partitions to prevent exposure of personnel to energized high- 13 voltage conductors or parts. Barriers or partitions shall be 14 constructed of grounded metal or nonconductive insulating board. 15 (b) Interlock switches.--Each cover of a compartment in the 16 high-voltage motor-starter enclosure containing high-voltage 17 components shall be equipped with at least two interlock 18 switches arranged to automatically de-energize the high-voltage 19 components within that compartment when the cover is removed. 20 (c) Circuit-interrupting devices.--Circuit-interrupting 21 devices shall be designed and installed to prevent automatic 22 reclosure. 23 (d) Transformers.--Transformers with high-voltage primary 24 windings that supply control voltages shall incorporate grounded 25 electrostatic (Faraday) shielding between the primary and 26 secondary windings. The shielding shall be connected to the 27 equipment ground by a minimum No. 12 AWG grounding conductor. 28 The secondary nominal voltage shall not exceed 120 volts, line 29 to line. 30 (e) Test circuits.--Test circuits shall be provided for 20080S0949B2204 - 180 -
1 checking the condition of ground wire monitors and ground-fault 2 protection without exposing personnel to energized circuits. 3 Each ground-test circuit shall inject a primary current of 50% 4 or less of the current rating of the grounding resistor through 5 the current transformer and cause each corresponding circuit- 6 interrupting device to open. 7 (f) Disconnect devices.--Each motor-starter enclosure, with 8 the exception of a controller on a high-voltage shearer, shall 9 be equipped with a disconnect device installed to de-energize 10 all high-voltage power conductors extending from the enclosure 11 when the device is in the open position. 12 (1) When multiple disconnect devices located in the same 13 enclosure are used to satisfy the requirement of this 14 subsection, they shall be mechanically connected to provide 15 simultaneous operation by one handle. 16 (2) The disconnect device shall be rated for the maximum 17 phase-to-phase voltage and the full-load current of the 18 circuit in which it is located and installed so that: 19 (i) visual observation determines that the contacts 20 are open without removing any cover; 21 (ii) the load-side power conductors are grounded 22 when the device is in the open position; 23 (iii) the device can be locked in the open position; 24 (iv) when located in an explosion-proof enclosure, 25 the device shall be designed and installed to cause the 26 current to be interrupted automatically prior to the 27 opening of the contacts; and 28 (v) when located in a nonexplosion-proof enclosure, 29 the device shall be designed and installed to cause the 30 current to be interrupted automatically prior to the 20080S0949B2204 - 181 -
1 opening of the contacts, or the device shall be capable 2 of interrupting the full-load current of the circuit. 3 (g) Starters to be interlocked.--Control circuits for the 4 high-voltage motor starters shall be interlocked with the 5 disconnect device so that: 6 (1) The control circuit can be operated with an 7 auxiliary switch in the test position only when the 8 disconnect device is in the open and grounded position. 9 (2) The control circuit can be operated with the 10 auxiliary switch in the normal position only when the 11 disconnect switch is in the closed position. 12 (h) Determination of minimum available fault current.--A 13 study to determine the minimum available fault current shall be 14 submitted to the department to ensure adequate protection for 15 the length and conductor size of the longwall motor, shearer and 16 trailing cables. 17 (i) Shielded construction of certain cables.--Longwall motor 18 and shearer cables with nominal voltages greater than 660 volts 19 shall be made of a shielded construction with a grounded 20 metallic shield around each power conductor. 21 (j) Instantaneous ground fault protection.--High-voltage 22 motor and shearer circuits shall be provided with instantaneous 23 ground fault protection of not more than 0.125 of an ampere. 24 Current transformers used for this protection shall be of the 25 single window type and shall be installed to encircle all three- 26 phase conductors. 27 Section 343. Longwall electrical work. 28 (a) Qualified workers.--Electrical work on all circuits and 29 equipment associated with high-voltage longwalls shall be 30 performed by MSHA-qualified persons. 20080S0949B2204 - 182 -
1 (b) Procedures for work on circuits and equipment.--Except 2 for troubleshooting and testing of energized circuits and 3 equipment as provided under subsection (d), prior to performing 4 electrical work a qualified individual shall do the following: 5 (1) De-energize the circuit or equipment with a circuit- 6 interrupting device. 7 (2) Open the circuit-disconnecting device. On high- 8 voltage circuits, ground the power conductors until work on 9 the circuit is completed. 10 (3) Lock out the disconnecting device with a padlock. 11 When more than one qualified individual is performing work, 12 each individual shall install an individual padlock. 13 (4) Tag the disconnecting device to identify each 14 individual working and the circuit or equipment on which work 15 is being performed. 16 (c) Restrictions relating to low-voltage, medium-voltage or 17 high-voltage distribution circuits or equipment.--No electrical 18 work shall be performed on low-voltage, medium-voltage or high- 19 voltage distribution circuits or equipment, except by a 20 qualified individual or an individual trained to perform 21 electrical work and to maintain electrical equipment under the 22 direct supervision of a qualified individual. Disconnecting 23 devices shall be locked out and suitably tagged by the 24 individuals who perform the work, except that in cases where 25 locking out is not possible, the devices shall be opened and 26 suitably tagged by individuals performing the work. Locks or 27 tags shall be removed only by the individuals who installed them 28 or, if such individuals are unavailable, by individuals 29 authorized by the operator or his agent. 30 (d) Troubleshooting and testing of energized circuits.-- 20080S0949B2204 - 183 -
1 Troubleshooting and testing of energized circuits must be 2 performed only: 3 (1) On low-voltage and medium-voltage circuits. 4 (2) When the purpose of troubleshooting and testing is 5 to determine voltages and currents. 6 (3) By an individual qualified to perform electrical 7 work and who wears protective gloves. Rubber-insulating 8 gloves shall be rated at least for the nominal voltage of the 9 circuit when the voltage of the circuit exceeds 120 volts 10 nominal and is not intrinsically safe. 11 (e) Troubleshooting and testing of multiple voltage 12 circuits.--Before troubleshooting and testing a low-voltage or 13 medium-voltage circuit contained in a compartment with a high- 14 voltage circuit, the high-voltage circuit must be de-energized, 15 disconnected, grounded, locked out and tagged in accordance with 16 subsection (b). 17 (f) Conveyor belt structures.--Prior to the installation or 18 removal of a conveyor belt structure, high-voltage cables 19 extending from the section power center to the longwall 20 equipment and located in the belt entries shall be: 21 (1) deenergized; or 22 (2) guarded in accordance with section 338, at the 23 location where the belt structure is being installed or 24 removed. 25 Section 344. Testing, examination and maintenance of longwall 26 equipment. 27 (a) Equipment subject to seven-day inspection schedule.--At 28 least once every seven days, a MSHA-qualified individual shall 29 test and examine each unit of high-voltage longwall equipment 30 and circuits to determine that electrical protection, equipment 20080S0949B2204 - 184 -
1 grounding, permissibility cable insulation and control devices 2 are being properly maintained to prevent fire, electrical shock, 3 ignition or operational hazards from existing on the equipment. 4 Tests shall include activating the ground-fault test circuit. 5 (b) Equipment subject to 30-day inspection schedule.--Each 6 ground-wire monitor and associated circuits shall be examined 7 and tested at least once every 30 days to verify proper 8 operation and to verify that it will cause the corresponding 9 circuit-interrupting device to open. 10 (c) Removal or repair of equipment.--When examinations or 11 tests of equipment reveal a fire, electrical shock, ignition or 12 operational hazard, the equipment must be removed from service 13 immediately or repaired immediately. 14 (d) Certifications and records.--At the completion of 15 examinations and tests required by this section, the individual 16 who makes the examinations and tests shall certify by signature 17 and date that they have been conducted. A record shall be made 18 of any unsafe condition found and any corrective action taken. 19 Certifications and records shall be kept for at least one year 20 and shall be made available for inspection by authorized 21 representatives of the department and representatives of miners. 22 Section 345. (Reserved). 23 Section 346. (Reserved). 24 Section 347. (Reserved). 25 Section 348. (Reserved). 26 Section 349. (Reserved). 27 Section 350. Equipment approvals. 28 (a) Departmental discretion.--The department may require the 29 approval of all underground equipment, surface substations 30 feeding power underground, fans and personnel conveyances 20080S0949B2204 - 185 -
1 (elevators, man hoists and escape capsules) connected to an 2 underground mine. All elevators at the time of installation 3 shall meet the criteria established in the current American 4 Society of Mechanical Engineers A17.1 Code, pertaining to 5 special application elevators, mine elevators, connected to an 6 underground mine. The equipment shall be grouped as follows for 7 the purposes of approval: 8 (1) Bituminous face equipment (BFE) - permissible 9 equipment. 10 (2) Bituminous open type equipment (BOTE) - non- 11 permissible equipment. 12 (3) Bituminous power distribution equipment (BPDE) - 13 nonpermissible power equipment. 14 (4) Surface installations: 15 (i) Mine power substations (MM-S). 16 (ii) Fans I (MM-F). 17 (iii) Personnel conveyances (MM-P). 18 (5) Minewide monitoring systems (MWMS). 19 (b) Limitation of approvals.--The approvals under subsection 20 (a) are specifically limited by the provision that permissible 21 equipment approved by the MSHA Approval and Certification Center 22 that is not in conflict with and which meets the requirements of 23 this act shall be deemed to be approved by the department. 24 (c) Procedures for approval.--The procedures for approval of 25 underground and surface equipment are as follows: 26 (1) Approvals shall be limited to electrical systems, 27 safety systems required by this act and specifications 28 developed by the task force established by the parties and 29 provided for under subsection (d). 30 (2) Newly purchased permissible equipment shall be 20080S0949B2204 - 186 -
1 constructed in a fashion as to provide accessibility for 2 inspection of permissible components. 3 (3) The evaluation to determine whether the equipment 4 should be approved shall be based strictly on the specific 5 criteria set forth in this act and the performance 6 specifications under subsection (d). In the absence of 7 performance specifications for equipment or specific 8 provisions of this act addressing such equipment; and if the 9 department considers that the equipment as designed or built 10 poses an unacceptable risk to the health or safety of miners, 11 the following procedure shall be applied: 12 (i) The department, in a written report, shall 13 specify the unacceptable risk, based upon objective 14 ascertainable data and criteria approved by a nationally 15 recognized standards organization. 16 (ii) The department shall convene a task force to 17 develop specifications for the equipment in an expedited 18 fashion. 19 (iii) If the task force is unable to develop 20 applicable performance standards within 75 days, the 21 department may continue to withhold approval based upon 22 noncompliance with a mandatory safety standard of a 23 nationally recognized standards organization that has 24 been shown to be appropriate for mining. 25 (4) For new equipment, the prototype of which has not 26 been previously approved, a manufacturer or operator shall 27 submit to the department an application requesting approval. 28 The request for approval shall include four schematics, a 29 description and any other pertinent information for the 30 equipment. 20080S0949B2204 - 187 -
1 (5) The application under paragraph (4) shall be 2 reviewed within 15 working days after receipt. Within the 15- 3 day period the department shall communicate verbally and in 4 writing to the applicant all discrepancies between the 5 application and the equipment performance specifications. If 6 the department does not communicate to the applicant within 7 the 15 days as described in this paragraph, the application 8 shall be deemed approved. If the applicant submits additional 9 schematics or information, the department shall have an 10 additional 15 days to communicate to the applicant concerning 11 such additional schematics or information. 12 (6) When the application review under paragraph (5) is 13 complete, an inspector shall be assigned to evaluate the 14 equipment and the operator or manufacturer notified of that 15 assignment. The equipment inspection shall be scheduled 16 within 20 working days of the departmental inspector being 17 notified. If the inspector gets to the inspection site and 18 the equipment is not in conformance with the specific 19 criteria set forth in this act and the performance 20 specifications described in this section, the time frame 21 shall stop. When the equipment has been modified to conform 22 with the specific criteria set forth in this act and the 23 performance specifications, the operator shall notify the 24 department for a reinspection, and the department shall 25 schedule the reinspection within ten working days. If the 26 equipment is in conformance with the specific criteria set 27 out in this act and the performance specifications described 28 in this section, but the schematics are not, the equipment 29 can be used, but the operator or manufacturer shall have ten 30 working days to resubmit the corrected schematics or the 20080S0949B2204 - 188 -
1 equipment shall be taken out of service. 2 (7) For previously approved equipment that an operator 3 proposes to modify, the approval procedure established for 4 new equipment that has not been previously approved is to be 5 applicable. The approval process shall address only the 6 modification that has been made and shall not require changes 7 to the components of the equipment that were initially 8 approved. For the purpose of this paragraph, modification 9 shall not include changes to equipment in which components 10 are changed and replaced with components that provide 11 equivalent protection. Modifications subject to approval 12 shall include only those changes to equipment which affect 13 whether the equipment still satisfies the applicable 14 performance specifications described in this section or set 15 out specifically in this act. 16 (8) Approved equipment and repaired equipment that has 17 not been modified are outside the scope of the approval 18 process and shall be handled under the mine inspection 19 program of the department. 20 (9) Any direction to take corrective action shall be in 21 writing and shall specify the provisions of this act or the 22 performance specifications upon which the department relies. 23 (10) The department has the right to inspect equipment 24 to determine that it is in compliance with applicable 25 requirements of this act and the equipment performance 26 specifications. The inspections shall be performed in the 27 normal course of inspecting the mine and shall, to the extent 28 feasible, minimize the disruption of production. 29 (11) New or rebuilt equipment that has been approved, 30 but has not been inspected by an approval inspector, shall be 20080S0949B2204 - 189 -
1 inspected by a mine electrical inspector. The operator shall 2 give reasonable notice to the mine electrical inspector for 3 an inspection prior to the equipment entering the mine. The 4 inspection shall be performed in the normal course of 5 inspecting the mine and shall, to the extent feasible, 6 minimize the disruption of production. 7 (d) Written criteria for equipment performance 8 specifications.--A task force shall be established to develop 9 written criteria for equipment performance specifications. 10 (1) The task force shall be comprised of equal numbers 11 of representatives, not less than two nor more than four, 12 selected by the department and the major trade association 13 representing coal operators in this Commonwealth. Final 14 consensus on performance specifications shall be determined 15 by a majority of the task force. 16 (2) The task force shall develop performance 17 specifications for approval of equipment and reserves the 18 right, for just cause, to add or delete from the developed 19 equipment performance specifications. 20 (3) All equipment performance specifications approved 21 pursuant to the stipulation of settlement shall remain in 22 effect unless and until they are modified, suspended or 23 revoked by this act, regulations promulgated under this act 24 or the equipment performance specifications task force. 25 (e) Definitions.--As used in this section, the following 26 words and phrases shall have the meanings given to them in this 27 subsection: 28 "Permissible equipment." As applied to electric face 29 equipment, all electrically operated equipment taken into or 30 used in or by the last open crosscut of an entry or a room of 20080S0949B2204 - 190 -
1 any coal mine the electrical parts of which equipment, 2 including, but not limited to, associated electrical equipment, 3 components and accessories, are designed, constructed and 4 installed in accordance with the specifications of MSHA to 5 assure that the equipment will not cause a mine explosion or 6 mine fire, and the other features of which are designed and 7 constructed, in accordance with the specifications of the 8 Department of Environmental Protection, to prevent, to the 9 greatest extent possible, other accidents in the use of the 10 equipment. 11 CHAPTER 4 12 DIESEL-POWERED EQUIPMENT 13 Section 401. Underground use. 14 (a) General rule.--Underground use of inby and outby diesel- 15 powered equipment, including mobile equipment, stationary 16 equipment and equipment of all horsepower ratings, shall only be 17 approved, operated and maintained as provided under this 18 chapter, except for emergency fire-fighting equipment to be used 19 specifically for that purpose. 20 (b) Required attendant.--All diesel-powered equipment shall 21 be attended while in operation with the engine running in 22 underground mines. For purposes of this subsection, "attended" 23 shall mean an equipment operator is within sight or sound of the 24 diesel-powered equipment. 25 (c) Required certifications or approvals.--Inby and outby 26 diesel-powered equipment may be used in underground mines if the 27 inby or outby diesel-powered equipment uses an engine approved 28 or certified by MSHA, as applicable, for inby or outby use that, 29 when tested at the maximum fuel-air ratio, does not require a 30 MSHA Part 7 approval plate ventilation rate exceeding 75 c.f.m. 20080S0949B2204 - 191 -
1 per rated horsepower. If MSHA promulgates new regulations that 2 change the MSHA Part 7 approval plate ventilation rate, the 3 c.f.m. requirement per rated horsepower shall be revised either 4 up or down on a direct ratio basis upon recommendation of the 5 technical advisory committee in accordance with section 424. 6 Section 402. Diesel-powered equipment package. 7 (a) Approval.--All diesel-powered equipment shall be 8 approved by the department as a complete diesel-powered 9 equipment package which shall be subject to all of the 10 requirements, standards and procedures set forth under this 11 chapter. 12 (b) Diesel engine approval.--Diesel engines shall be 13 certified or approved, as applicable, by MSHA and maintained in 14 accordance with MSHA certification or approval and approval by 15 the department. 16 Section 403. Exhaust emissions control. 17 (a) Exhaust emissions control systems.-- 18 (1) Except as provided in paragraph (3), underground 19 diesel-powered equipment shall include an exhaust emissions 20 control and conditioning system that has been laboratory 21 tested with the diesel engine using the ISO 8178-1 test and 22 has resulted in diesel particulate matter emissions that do 23 not exceed an average concentration of 0.12 mg/m3 when 24 diluted by 100% of the MSHA Part 7 approval plate ventilation 25 rate for that diesel engine. If MSHA promulgates new 26 regulations that change the MSHA Part 7 approval plate 27 ventilation rate, the dilution percentage relative to the 28 approval plate ventilation rate shall be adjusted either up 29 or down on a direct ratio basis upon recommendation of the 30 technical advisory committee in accordance with section 424. 20080S0949B2204 - 192 -
1 (2) Except as provided in paragraph (3), the exhaust 2 emissions control and conditioning system shall be required 3 to successfully complete a single series of laboratory tests 4 for each diesel engine, conducted at a laboratory accepted by 5 the department. 6 (3) An exhaust emissions control and conditioning system 7 may be approved for multiple diesel engine applications 8 through a single series of laboratory tests, known as the ISO 9 8178-1 test, only if data is provided to the technical 10 advisory committee that reliably verifies that the exhaust 11 emissions control and conditioning system meets, for each 12 diesel engine, the in-laboratory diesel particulate matter 13 standard established by this subsection. Data provided to 14 satisfy this paragraph shall include diesel particulate 15 matter production rates for the specified engine as measured 16 during the ISO 8178-1 test, if available. If ISO 8178-1 test 17 data for diesel particulate matter production is not 18 available for a specified engine, comparable data may be 19 provided to the technical advisory committee that reliably 20 verifies that the exhaust emissions control and conditioning 21 system shall meet, for the specified diesel engine, the in- 22 laboratory diesel particulate matter standard established by 23 this subsection. This standard shall only be used for in- 24 laboratory testing for approval of diesel-powered equipment 25 for use underground. 26 (b) Components of exhaust emissions system.--The exhaust 27 emissions control and conditioning system shall include the 28 following: 29 (1) A diesel particulate matter (DPM) filter that has 30 proven capable of a reduction in total diesel particulate 20080S0949B2204 - 193 -
1 matter to a level that does not exceed the requirements of 2 subsection (a)(1). However, the technical advisory committee 3 may evaluate, in accordance with section 424, alternative 4 technologies that have the ability to meet the 0.12 mg/m3 5 standard. 6 (2) An oxidation catalyst or other gaseous emissions 7 control device capable of reducing undiluted carbon monoxide 8 emissions to 100 parts per million or less under all 9 conditions of operation at normal engine operating 10 temperature range. 11 (3) An engine surface temperature control capable of 12 maintaining significant external surface temperatures below 13 302 degrees Fahrenheit. 14 (4) A system capable of reducing the exhaust gas 15 temperature below 302 degrees Fahrenheit. 16 (5) An automatic engine shutdown system that shuts off 17 the engine before the exhaust gas temperature reaches 302 18 degrees Fahrenheit and, if water-jacketed components are 19 used, before the engine coolant temperature reaches 212 20 degrees Fahrenheit. A warning shall be provided to alert the 21 equipment operator prior to engine shutdown. 22 (6) A spark arrestor system. 23 (7) A flame arrestor system. 24 (8) A sampling port for measurement of undiluted and 25 untreated exhaust gases as they leave the engine. 26 (9) A sampling port for measurement of treated undiluted 27 exhaust gases before they enter the mine atmosphere. 28 (10) For permissible diesel equipment, any additional 29 MSHA regulations must be met. 30 (c) Diagnostics systems.--Onboard engine performance and 20080S0949B2204 - 194 -
1 maintenance diagnostics systems shall be capable of continuously 2 monitoring and giving readouts for paragraphs (1), (2), (3), 3 (4), (5), (6), (7) and (8). The diagnostics system shall 4 identify levels that exceed the engine or component 5 manufacturer's recommendation or the applicable MSHA or bureau 6 requirements as to the following: 7 (1) Engine speed. 8 (2) Operating hour meter. 9 (3) Total intake restriction. 10 (4) Total exhaust back pressure. 11 (5) Cooled exhaust gas temperature. 12 (6) Coolant temperature. 13 (7) Engine oil pressure. 14 (8) Engine oil temperature. 15 Section 404. Ventilation. 16 (a) Minimum quantities.--Minimum quantities of ventilating 17 air where diesel-powered equipment is operated shall be 18 maintained pursuant to this section. 19 (b) Approvals.--Each specific model of diesel-powered 20 equipment shall be approved by the department before it is taken 21 underground. The department shall require that an approval plate 22 be attached to each piece of the diesel-powered equipment. The 23 approval plate shall specify the minimum ventilating air 24 quantity for the specific piece of diesel-powered equipment. The 25 minimum ventilating air quantity shall be determined by the 26 bureau based on the amount of air necessary at all times to 27 maintain the exhaust emissions at levels not exceeding the 28 exposure limits established under section 419. 29 (c) Minimum air quantities.--The minimum quantities of air 30 in any split where any individual unit of diesel-powered 20080S0949B2204 - 195 -
1 equipment is being operated shall be at least that specified on 2 the approval plate for that equipment. Air quantity measurements 3 to determine compliance with this requirement shall be made at 4 the individual unit of diesel-powered equipment. 5 (d) Multiple units in operation.--Where multiple units are 6 operated, the minimum quantity shall be at least the total of 7 100% of MSHA's Part 7 approval plate ventilation rate for each 8 unit operating in that split. Air quantity measurements to 9 determine compliance with this requirement shall be made at the 10 most downwind unit of diesel-powered equipment that is being 11 operated in that air split. If MSHA promulgates new regulations 12 that change the MSHA Part 7 approval plate ventilation rate, the 13 minimum quantity where multiple units are operated shall be 14 revised on a direct ratio basis upon recommendation of the 15 technical advisory committee in accordance with section 424. 16 (e) Minimum quantities of air in certain splits.--The 17 minimum quantities of air in any split where any diesel-powered 18 equipment is operated shall be in accordance with the minimum 19 air quantities required in subsections (a), (b) and (c) and 20 shall be specified in the mine diesel ventilation plan. 21 Section 405. Fuel storage facilities. 22 (a) General rule.--An underground diesel fuel storage 23 facility shall be any facility designed and constructed to 24 provide for the storage of any mobile diesel fuel transportation 25 units or the dispensing of diesel fuel. 26 (b) Diesel fuel standards.--Diesel-powered equipment shall 27 be used underground only with fuel that meets the standards of 28 the most recently approved United States Environmental 29 Protection Agency (EPA) guidelines for over-the-road fuel. 30 Additionally, the fuel shall also meet the ASTM D975 standards 20080S0949B2204 - 196 -
1 with a flash point of 100 degrees Fahrenheit or greater at 2 standard temperature and pressure. The operator shall maintain a 3 copy of the most recent delivery receipt from the supplier to 4 verify that the fuel used underground meets this standard. 5 (c) Requirements.--Underground diesel fuel storage 6 facilities shall meet the following general requirements: 7 (1) Fixed underground diesel fuel storage tanks are 8 prohibited. 9 (2) No more than 500 gallons of diesel fuel shall be 10 stored in each underground diesel fuel storage facility. 11 (d) Location.--Underground diesel fuel storage facilities 12 shall be located as follows: 13 (1) at least 100 feet from shafts, slopes, shops and 14 explosives magazines; 15 (2) at least 25 feet from trolley wires, haulage ways, 16 power cables and electric equipment not necessary for the 17 operation of the storage facilities; and 18 (3) in an area that is as dry as practicable. 19 (e) Construction requirements.-- 20 (1) Underground diesel fuel storage facilities shall 21 meet the construction requirements and safety precautions 22 under this subsection. 23 (2) Underground diesel fuel storage facilities shall 24 meet all of the following: 25 (i) Be constructed of noncombustible materials and 26 provided with either self-closing or automatic closing 27 doors. 28 (ii) Be ventilated directly into the return air 29 course using noncombustible materials. 30 (iii) Be equipped with an automatic fire suppression 20080S0949B2204 - 197 -
1 system complying with section 408. The technical advisory 2 committee may recommend for approval an alternate method 3 of complying with this section on a mine-by-mine basis in 4 accordance with section 424. 5 (iv) Be equipped with at least two portable 20-pound 6 multipurpose dry-chemical type fire extinguishers. 7 (v) Be marked with conspicuous signs designating 8 combustible liquid storage. 9 (vi) Be included in the preshift examination. 10 (3) Welding or cutting other than that performed in 11 accordance with paragraph (4) shall not be done within 50 12 feet of a diesel fuel storage facility. 13 (4) When it is necessary to weld, cut or solder 14 pipelines, cylinders, tanks or containers that may have 15 contained diesel fuel, the following requirements shall 16 apply: 17 (i) Cutting or welding shall not be performed on or 18 within containers or tanks that have contained 19 combustible or flammable materials until the containers 20 or tanks have been thoroughly purged and cleaned or 21 rendered inert and a vent or opening is provided to allow 22 for sufficient release of any buildup pressure before 23 heat is applied. 24 (ii) Diesel fuel shall not be allowed to enter 25 pipelines or containers that have been welded, soldered, 26 brazed or cut until the metal has cooled to ambient 27 temperature. 28 Section 406. Transfer of diesel fuel. 29 (a) General rule.--Diesel fuel shall be transferred as 30 provided in this section. 20080S0949B2204 - 198 -
1 (b) Pump transfers.--When diesel fuel is transferred by 2 means of a pump and a hose equipped with a nozzle containing a 3 self-closing valve, a powered pump may be used only if: 4 (1) the hose is equipped with a nozzle containing a 5 self-closing valve without a latch-open device; and 6 (2) the pump is equipped with an accessible emergency 7 shutoff switch. 8 (c) Compressed gas prohibition.--Diesel fuel shall not be 9 transferred using compressed gas. 10 (d) Status of diesel engine.--Diesel fuel shall not be 11 transferred to the fuel tank of diesel-powered equipment while 12 the equipment's engine is running. 13 (e) Dry-system design.--Diesel fuel piping systems shall be 14 designed and operated as dry systems. 15 (f) Standards for pipes, valves and fittings.--All piping, 16 valves and fittings shall meet the following requirements: 17 (1) Be capable of withstanding working pressures and 18 stresses. 19 (2) Be capable of withstanding four times the static 20 pressures. 21 (3) Be compatible with diesel fuel. 22 (4) Be maintained in a manner that prevents leakage. 23 (g) Manual shutoff valves.--Vertical pipelines shall have 24 manual shutoff valves installed at the surface filling point and 25 at the underground discharge point. 26 (h) Exposed fuel pipelines.--Unburied diesel fuel pipelines 27 shall not exceed 300 feet in length and shall have shutoff 28 valves located at each end of the unburied pipeline. 29 (i) Horizontal pipeline prohibition.--Horizontal pipelines 30 shall not be used to distribute fuel throughout a mine. 20080S0949B2204 - 199 -
1 (j) Limitation on piping systems.--Diesel fuel piping 2 systems shall be used only to transport fuel from the surface 3 directly to a single underground diesel fuel transfer point. 4 (k) Restrictions related to boreholes.--When boreholes are 5 used, the diesel fuel piping system shall not be located in a 6 borehole with electric power cables. 7 (l) Inspections.--Diesel fuel pipelines located in any shaft 8 shall be included as part of the required examination of the 9 shaft. 10 (m) Location in entries.--Diesel fuel piping systems located 11 in entries shall not be located on the same side of the entry as 12 electric cables or power lines. 13 (n) Trolley-haulage limitations.--Diesel fuel pipelines 14 shall not be located in any trolley-haulage entry, except that 15 they may cross the entry perpendicular if buried or otherwise 16 protected from damage and sealed. 17 (o) Protection.--Diesel fuel piping systems shall be 18 protected to prevent physical damage. 19 Section 407. Containers. 20 (a) General rule.--Containers for the transport of diesel 21 fuel shall meet the requirements of this section. 22 (b) Limitations on containers.--Diesel fuel shall be 23 transported only in containers specifically designed for the 24 transport of diesel fuel. 25 (c) Limitations on vehicle transport.--No more than one 26 safety can, conspicuously marked, shall be transported on a 27 vehicle at any time. 28 (d) Standards for containers other than safety containers.-- 29 Containers, other than safety cans, used to transport diesel 30 fuel shall be provided with the following: 20080S0949B2204 - 200 -
1 (1) Devices for venting. 2 (2) Self-closing caps. 3 (3) Vent pipes at least as large as the fill or 4 withdrawal connection, whichever is larger, but not less than 5 one and one-fourth inch nominal inside diameter. 6 (4) Liquid-tight connections for all container openings 7 that are identified by conspicuous markings and closed when 8 not in use. 9 (5) Shutoff valves located within one inch of the tank 10 shell on each connection through which liquid can normally 11 flow. 12 (e) Tanks with manual gauging.--When tanks are provided with 13 openings for manual gauging, liquid-tight caps or covers shall 14 be provided and shall be kept closed when not open for gauging. 15 (f) Capacity of containers.--Containers used for the 16 transport of diesel fuel shall not exceed a capacity of 500 17 gallons. 18 (g) Certain containers as permanent fixtures.--Containers, 19 other than safety cans, used for the transport of diesel fuel 20 shall be permanently fixed to the transportation unit. 21 (h) Method of transportation.--Diesel fuel transportation 22 units shall be transported individually and not with any other 23 cars, except that two diesel fuel transportation units up to a 24 maximum of 500 gallons each may be transported together. 25 (i) Prohibition.--Diesel fuel shall not be transported on 26 conveyor belts. 27 (j) Fire extinguisher.--When transporting diesel fuel in 28 containers other than safety cans, a fire extinguisher shall be 29 provided on each end of the transportation unit. The fire 30 extinguishers shall be multipurpose type dry-chemical fire 20080S0949B2204 - 201 -
1 extinguishers containing a nominal weight of 20 pounds. 2 (k) Fire suppression systems for diesel transportation 3 units.--Diesel fuel transportation units shall have a fire 4 suppression system that meets the requirements of section 408. 5 (l) Limitations where trolley wires are present.--In mines 6 where trolley wire is used, diesel fuel transportation units 7 shall be provided with insulating material to protect the units 8 from any energized trolley wire, and the distance between the 9 diesel fuel transportation unit and the trolley wire shall not 10 be less than 12 inches, or the trolley wire shall be de- 11 energized when diesel fuel transportation units are transported 12 through the area. 13 (m) Parking restrictions.--Unattended diesel fuel 14 transportation units shall be parked only in underground diesel 15 fuel storage facilities. 16 (n) Emergency fueling restrictions.--Safety cans shall be 17 used for emergency fueling only. 18 (o) Standards for safety cans.--Safety cans shall be clearly 19 marked, have a maximum capacity of five gallons, be constructed 20 of metal and be equipped with a nozzle and self-closing valves. 21 Section 408. Fire suppression for equipment and transportation. 22 (a) General rule.--Fire suppression systems for diesel- 23 powered equipment and fuel transportation units shall meet the 24 requirements of this section. 25 (b) Type system.--The system must be an automatic 26 multipurpose dry-powder type fire suppression system suitable 27 for the intended application and listed or approved by a 28 nationally recognized independent testing laboratory. 29 Installation requirements shall be as follows: 30 (1) The system shall be installed in accordance with the 20080S0949B2204 - 202 -
1 manufacturer's specifications and the limitations of the 2 listing or approval. 3 (2) The system shall be installed in a protected 4 location or guarded to minimize physical damage from routine 5 operations. 6 (3) Suppressant agent distribution tubing or piping of 7 the system shall be secured and protected against damage, 8 including pinching, crimping, stretching, abrasion and 9 corrosion. 10 (4) Discharge nozzles of the system shall be positioned 11 and aimed for maximum fire suppression effectiveness in the 12 protected areas. Nozzles shall also be protected against the 13 entrance of foreign materials, such as mud, coal dust or rock 14 dust that could prevent proper discharge of suppressant 15 agent. 16 (c) Automatic fire detection and suppression.--The fire 17 suppression system shall provide automatic fire detection and 18 suppression for all of the following: 19 (1) The engine, transmission, hydraulic pumps and tanks, 20 fuel tanks, exposed brake units, air compressors and battery 21 areas, as applicable, on all diesel-powered equipment. 22 (2) Fuel containers and electric panels or controls used 23 during fuel transfer operations on fuel transportation units. 24 (d) Fault and fire alarm annunciators.--The fire suppression 25 system shall include a system fault and fire alarm annunciator 26 that can be seen and heard by the equipment operator. 27 (e) Automatic engine shutdown.--The fire suppression system 28 shall provide for automatic engine shutdown. Engine shutdown and 29 discharge of suppressant agent may be delayed for a maximum of 30 15 seconds after the fire alarm annunciator alerts the operator. 20080S0949B2204 - 203 -
1 (f) Manual actuators.--At least two manual actuators shall 2 be provided, with at least one manual actuator at each end of 3 the equipment. If the equipment is provided with an operator's 4 compartment, one of the mechanical actuators shall be located in 5 the compartment within easy reach of the operator. For 6 stationary equipment, the two manual actuators shall be located 7 with at least one actuator on the stationary equipment and at 8 least one actuator a safe distance away from the equipment and 9 in intake air. 10 Section 409. Fire suppression for storage areas. 11 (a) General rule.--Fire suppression systems for diesel fuel 12 storage areas shall meet the requirements of this section. 13 (b) Type system.--The system shall be an automatic 14 multipurpose dry-powder type fire suppression system or other 15 system of equal capability, suitable for the intended 16 application and listed or approved by a nationally recognized 17 independent testing laboratory. The system shall meet the 18 following installation requirements: 19 (1) The system shall be installed in accordance with the 20 manufacturer's specifications and the limitations of the 21 listing or approval. 22 (2) The system shall be installed in a protected 23 location or guarded to minimize physical damage from routine 24 operations. 25 (3) Suppressant agent distribution tubing or piping of 26 the system shall be secured and protected against damage, 27 including pinching, crimping, stretching, abrasion and 28 corrosion. 29 (4) Discharge nozzles of the system shall be positioned 30 and aimed for maximum fire suppression effectiveness in the 20080S0949B2204 - 204 -
1 protected areas. Nozzles shall also be protected against the 2 entrance of foreign materials, such as mud, coal dust and 3 rock dust that could prevent proper discharge of suppressant 4 agent. 5 (c) Automatic fire detection and suppression.--The fire 6 suppressant system shall provide automatic fire detection and 7 suppression for the fuel storage tanks, containers, safety cans, 8 pumps, electrical panels and control equipment in fuel storage 9 areas. 10 (d) Types of alarms.--Audible and visual alarms to warn of 11 fire or system faults shall be provided at the protected area 12 and at a surface location that is always staffed when 13 individuals are underground. A means shall also be provided for 14 warning all endangered individuals in the event of fire. 15 (e) Manual actuators.--Fire suppression systems shall 16 include two manual actuators with at least one located within 17 the fuel storage facility and at least one located a safe 18 distance away from the storage facility and in intake air. 19 (f) System operation.--The fire suppression system shall 20 remain operative in the event of electrical system failure. 21 (g) Monitoring of certain systems.--If electrically 22 operated, the detection and actuation circuits shall be 23 monitored and provided with status indicators showing power and 24 circuit continuity. If not electrically operated, a means shall 25 be provided to indicate the functional readiness status of the 26 system. 27 (h) Weekly visual inspection.--Fire suppression devices 28 shall be visually inspected at least once each week by an 29 individual qualified to make the inspection. 30 (i) Maintenance, testing and records.--Each fire suppression 20080S0949B2204 - 205 -
1 device shall be tested and maintained. A record shall be 2 maintained of the inspection required by this subsection. The 3 record of the weekly inspections shall be maintained at an 4 appropriate location for each fire suppression device. 5 (j) (Reserved). 6 (k) Instructions.--All miners normally assigned to the 7 active workings of a mine shall be instructed about any hazards 8 inherent to the operation of all fire suppression devices 9 installed and, where appropriate, the safeguards available for 10 each device. 11 Section 410. Use of certain starting aids prohibited. 12 The use of volatile or chemical starting aids is prohibited. 13 Section 411. Fueling. 14 (a) Restrictions on fueling locations.--Fueling of diesel- 15 powered equipment shall not be conducted in the intake escape- 16 way unless the mine design and entry configuration make it 17 necessary. In those cases where fueling in the intake escape-way 18 is necessary, the mine operator shall submit a plan for approval 19 to the department, which shall be investigated by the technical 20 advisory committee in accordance with section 424, outlining the 21 special safety precautions that will be taken to insure the 22 protection of miners. The submitted plan shall specify a 23 location, such as the end of the tail piece track or adjacent to 24 the load out point, where fueling shall be conducted in the 25 intake escape-way and all other safety precautions that shall be 26 taken, which shall include an examination of the area for 27 spillage or fire by a qualified individual. 28 (b) Spill cleanup.--Diesel fuel and other combustible 29 materials shall be cleaned up and not be permitted to accumulate 30 anywhere in an underground mine or on diesel-powered or electric 20080S0949B2204 - 206 -
1 equipment located in a mine. 2 (c) Trained individual on duty.--At least one individual 3 specially trained in the cleanup and disposal of diesel fuel 4 spills shall be on duty at the mine when diesel-powered 5 equipment or mobile fuel transportation equipment is being used 6 or when any fueling of diesel-powered equipment is being 7 conducted. 8 Section 412. Fire and safety training. 9 (a) Training of underground employees.--All underground 10 employees at the mine shall receive special instruction related 11 to fighting fires involving diesel fuel. This training may be 12 included in annual refresher training under MSHA regulations at 13 30 CFR Part 48 (relating to training and retraining of miners) 14 or included in the fire drills required under MSHA regulations 15 relating to program of instruction; location and use of fire 16 fighting equipment; location of escape-ways, exits and routes of 17 travel; evacuation procedures; and fire drills. 18 (b) Training of miners.--All miners shall be trained in 19 precautions for safe and healthful handling and disposal of 20 diesel-powered equipment filters. All used intake air filters, 21 exhaust diesel particulate matter filters and engine oil filters 22 shall be placed in their original containers or other suitable 23 enclosed containers and removed from the underground mine to the 24 surface. Arrangements shall be made for safe handling and 25 disposal of these filters within a timely manner after they have 26 reached the surface. 27 Section 413. Maintenance. 28 (a) General rule.--Diesel-powered equipment shall be 29 maintained in an approved and safe condition as described in 30 this chapter or removed from service. Failure of the mine 20080S0949B2204 - 207 -
1 operator to comply with the maintenance requirements of this 2 subsection may result in revocation of the department's approval 3 of the complete diesel-powered equipment package, provided 4 appropriate notification has been given to the mine operator and 5 the procedures of this section have been followed. Upon 6 receiving the appropriate notification, the mine operator shall 7 have 30 days to submit a plan to achieve and maintain 8 compliance. The plan shall be evaluated by the department and, 9 upon approval, the mine operator shall implement the plan. The 10 department shall monitor the mine operator's compliance. If the 11 department then determines that the mine operator is unable or 12 unwilling to comply, the department shall revoke the mine 13 operator's approval. 14 (b) Acquisition and maintenance of approvals.--To acquire 15 and maintain approval of a complete diesel-powered equipment 16 package, the mine operator shall comply with the following 17 requirements: 18 (1) All service, maintenance and repairs of approved 19 complete diesel-powered equipment packages shall be performed 20 by mechanics who are trained and qualified in accordance with 21 section 422. 22 (2) Service and maintenance of approved complete diesel- 23 powered equipment packages shall be performed according to: 24 (i) the specified routine maintenance schedule; 25 (ii) onboard performance and maintenance diagnostics 26 readings; 27 (iii) emissions test results; and 28 (iv) component manufacturers' recommendations. 29 Section 414. Records. 30 (a) General rule.--A record shall be made of all emissions 20080S0949B2204 - 208 -
1 tests, preoperational examinations and maintenance and repairs 2 of complete diesel-powered equipment packages. The records made 3 pursuant to this section shall meet the requirements of this 4 section. 5 (b) Written certification.--The individual performing the 6 emissions test, examination, maintenance or repair shall certify 7 by date, time, engine hour reading and signature that the 8 emissions test, examination, maintenance or repair was made. 9 (c) Results.--Records of emissions tests and examinations 10 shall include the specific results of such tests and 11 examinations. 12 (d) Content.--Records of maintenance and repairs shall 13 include the work that was performed, any fluids or oil added, 14 parts replaced or adjustments made and the results of any 15 subsequently required emissions testing. 16 (e) Preoperational examination record retention.--Records of 17 preoperational examinations shall be retained for the previous 18 100-hour maintenance cycle. 19 (f) Certain records to be countersigned.--Records of 20 emissions tests, 100-hour maintenance tests and repairs shall be 21 countersigned once each week by the certified mine electrician 22 or mine foreman. 23 (g) Other record retention.--Except as specified in 24 subsection (e), all records required by this section shall be 25 retained for at least one year at a surface location at the mine 26 and made available for inspection by the department and by 27 miners and their representatives. 28 Section 415. Duties of equipment operator. 29 (a) Preoperational examination.--Prior to use of a piece of 30 diesel-powered equipment during a shift, an equipment operator 20080S0949B2204 - 209 -
1 shall conduct an examination as follows: 2 (1) Check the exhaust emissions control and conditioning 3 system components to determine that the components are in 4 place and not damaged or leaking. 5 (2) Assure that the equipment is clean and free of 6 accumulations of combustibles. 7 (3) Assure that the machine is loaded safely. 8 (4) Check for external physical damage. 9 (5) Check for loose or missing connections. 10 (6) Check engine oil level. 11 (7) Check transmission oil level. 12 (8) Check other fluid levels, if applicable. 13 (9) Check for hydraulic, coolant and oil leaks. 14 (10) Check fan, water pump and other belts. 15 (11) Check the fan for damage. 16 (12) Check guards. 17 (13) Check the fuel level. 18 (14) Check for fuel leaks. 19 (15) Comply with recordkeeping requirements pursuant to 20 section 414. 21 (b) Operational examination.--After the engine is started 22 and warmed up, the equipment operator shall conduct an 23 examination as follows: 24 (1) Check all onboard engine performance and maintenance 25 diagnostics system gauges for proper operation and in-range 26 readings. The equipment operator shall immediately shut down 27 the engine and notify the operator if the onboard readings 28 indicate any of the following: 29 (i) Intake restriction at full engine speed is 30 greater than the manufacturer's recommendation. 20080S0949B2204 - 210 -
1 (ii) Exhaust restriction at full engine speed is 2 greater than the manufacturer's recommendation. 3 (iii) Coolant temperature is at or near 212 degrees 4 Fahrenheit. 5 (iv) Low engine oil pressure. 6 (v) High engine oil temperature. 7 (2) Check safety features, including, but not limited 8 to, the throttle, brakes, steering, lights and horn. 9 (3) Comply with recordkeeping requirements pursuant to 10 section 414. 11 Section 416. Schedule of maintenance. 12 At intervals not exceeding 100 hours of engine operation, a 13 qualified mechanic shall perform the following maintenance and 14 make all necessary adjustments or repairs or remove the 15 equipment from service: 16 (1) Wash or steam clean the equipment. 17 (2) Check for and remove any accumulations of coal, coal 18 dust or other combustible materials. 19 (3) Check the equipment for damaged or missing 20 components or other visible defects. 21 (4) Conduct electrical and safety component inspections. 22 (5) Replace engine oil and oil filter. 23 (6) Check the transmission oil level and add oil, if 24 necessary. 25 (7) Check hydraulic oil level and add oil, if necessary. 26 (8) Check the engine coolant level and add coolant, if 27 necessary. 28 (9) Check all other fluid levels and add fluid, if 29 necessary. 30 (10) Check for oil, coolant and other fluid leaks. 20080S0949B2204 - 211 -
1 (11) Inspect the cooling fan, radiator and shroud. 2 Remove any obstructions and make necessary repairs. 3 (12) Check all belts. Tighten or replace, if necessary. 4 (13) Check the battery and service as necessary. 5 (14) Check the automatic fire suppression system. 6 (15) Check the portable fire extinguisher. 7 (16) Check the lights. 8 (17) Check the warning devices. 9 (18) With the engine operating, check and replace or 10 repair the following: 11 (i) Oil pressure. 12 (ii) Intake air restriction at full engine speed. 13 (iii) Exhaust gas restriction at full engine speed. 14 (iv) Exhaust flame arrestor. 15 (v) All gauges and controls. 16 (19) Conduct repeatable loaded engine-operating test in 17 accordance with section 418. 18 (20) If the equipment is approved with a nondisposable 19 diesel particulate filter, a smoke dot test of the filtered 20 exhaust must be performed at this time. The results of the 21 smoke dot test shall be recorded on the 100-hour emissions 22 form. If the interpreted smoke dot number is greater than 23 three, the technical advisory committee shall be notified and 24 shall investigate to determine if the filter is functioning 25 properly. 26 (21) Evaluate and interpret the results of all of the 27 above tests and examinations and make all necessary repairs 28 or remove the equipment from service. 29 (22) Comply with the recordkeeping requirements pursuant 30 to section 414. 20080S0949B2204 - 212 -
1 Section 417. Emissions monitoring and control. 2 (a) General rule.--Emissions for diesel-powered equipment 3 shall be monitored and controlled as provided in this section. 4 (b) Determination of baseline emission values.--When any 5 diesel-powered equipment first enters service at a mine, 6 baseline emission values shall be determined by a qualified 7 mechanic. Unless the technical advisory committee in accordance 8 with section 424 recommends an alternate procedure, the 9 qualified mechanic shall: 10 (1) Verify that the seal on the engine fuel injector is 11 in place and that the proper fuel pump is on the equipment. 12 (2) Install a new clean intake air cleaner, measure and 13 record the intake restriction pressure. 14 (3) Check the level of engine oil. 15 (4) Change the engine lubrication oil if not fresh. 16 (5) Check the level of the transmission fluid. 17 (6) Measure and record the exhaust backpressure. If 18 exhaust gas back pressure is above that recommended by the 19 manufacturer, steps must be taken to bring the exhaust gas 20 back pressure within the manufacturer's recommended limit 21 prior to beginning the test described in this subsection. 22 (7) Test the brakes. 23 (8) Place the equipment into an intake entry. 24 (9) Set the brakes and chock the wheels. 25 (10) Install an exhaust gas analyzer into the untreated 26 exhaust gas port. 27 (11) Start the engine and allow it to warm up to 28 operating temperature. 29 (12) Put the engine into a loaded condition. For this 30 section, the loaded condition for the baseline emissions 20080S0949B2204 - 213 -
1 testing shall be determined by the technical advisory 2 committee by determining CO2 values that are representative 3 of the MSHA lug curve readings for that engine model and 4 horsepower. 5 (13) Start the exhaust gas analyzer and allow the engine 6 to operate in the loaded condition for a sufficient length of 7 time not less than a 90-second duration to insure proper CO 8 readings. The qualified mechanic shall record both CO and CO2 9 readings. Note: Baseline CO values shall be determined by the 10 technical advisory committee based upon MSHA lug curve 11 readings for that engine model and horsepower. If the 12 baseline CO values are greater than the MSHA lug curve 13 values, the technical advisory committee shall investigate 14 and either recommend approval or disapproval or recommend 15 alternate methods of meeting the requirements of this 16 section. 17 (14) Comply with recordkeeping requirements pursuant to 18 section 414. 19 (15) An alternative to the testing provided in 20 paragraphs (1) through (14) may be developed by the technical 21 advisory committee in accordance with section 424. 22 (16) Emissions test procedures for this section shall be 23 submitted to the technical advisory committee in accordance 24 with section 424 prior to being implemented for each engine 25 and equipment type. 26 Section 418. Diagnostic testing. 27 (a) Tests.--At intervals not exceeding once every 100 hours 28 of engine operation, a qualified mechanic shall perform 29 equipment maintenance diagnostic testing of each piece of 30 diesel-powered equipment in the mine. The qualified mechanic 20080S0949B2204 - 214 -
1 shall do all of the following: 2 (1) Verify the identification numbers on the equipment. 3 (2) Check the level of the engine lubricating oil. 4 (3) Check the level of the transmission fluid. 5 (4) Set the brakes and chock the wheels. 6 (5) Install the portable carbon monoxide sampling device 7 into the untreated exhaust port coupling provided in the 8 operator's cab. 9 (6) Start the engine and allow it to warm up to 10 operating temperature. 11 (7) Check the intake restriction and the exhaust back 12 pressure at high idle speed. 13 (8) If the intake restriction is more than the 14 manufacturer's maximum recommended intake restriction, 15 replace the intake filter with a clean one. 16 (9) If exhaust gas back pressure is above that 17 recommended by the manufacturer, take steps to bring the 18 exhaust gas back pressure within the manufacturer's 19 recommended limit prior to beginning the test described in 20 this section. 21 (10) Put the engine into a loaded condition. As used in 22 this paragraph, the term loaded condition shall mean a 23 condition in which the carbon dioxide values are 24 representative of the MSHA lug curve values for that engine 25 model and horsepower rating. 26 (11) Take the following steps: 27 (i) Start the exhaust gas analyzer. 28 (ii) Allow the engine to operate for a sufficient 29 time, not less than 90 seconds, to insure proper carbon 30 monoxide readings and record both carbon monoxide and 20080S0949B2204 - 215 -
1 carbon dioxide readings. 2 (12) Install the exhaust gas analyzer into the treated 3 exhaust port and repeat steps set forth in paragraphs (10) 4 and (11). 5 (13) If the average carbon monoxide reading for 6 untreated exhaust gas is greater than twice the baseline 7 established under section 417(b) or if the average carbon 8 monoxide reading for treated exhaust gas is greater than 100 9 parts per million, the equipment has failed and shall be 10 serviced and retested before it is returned to regular 11 service. 12 (14) Comply with recordkeeping requirements under 13 section 414. 14 (b) Procedures.--Emissions test procedures for this section 15 must be submitted to the technical advisory committee under 16 section 424 prior to being implemented for each engine and 17 equipment type. 18 (c) Alternative procedure.--An alternative to the testing 19 provided in subsection (a) may be developed by the technical 20 advisory committee under section 424. 21 Section 419. Exhaust gas monitoring and control. 22 (a) Concentration.--In monitoring and controlling exhaust 23 gases, the ambient concentration of exhaust gases in the mine 24 atmosphere shall not exceed 35 parts per million for carbon 25 monoxide and three parts per million for nitrogen dioxide. The 26 concentration of these exhaust gases shall be measured at the 27 equipment operator's or equipment attendant's position and by 28 the last piece of diesel-powered equipment operating in the same 29 split of air. Measurements shall be made weekly or more often if 30 necessary by a qualified individual and shall be conducted under 20080S0949B2204 - 216 -
1 the requirements of this section. 2 (b) Measurement.--Measurement of exhaust gases shall be made 3 with a sampling instrument no less precise than detector tubes. 4 (c) Changes.--If the concentration of a gas listed in 5 subsection (a) is at least 75% of its exposure limit, changes to 6 the use of the diesel equipment, the mine ventilation or the 7 mining process shall be made. 8 (d) Excessive exposure.--If the concentration of a gas 9 listed in subsection (a) exceeds the exposure limit, the diesel 10 equipment operating in that split shall be removed from service 11 immediately, and corrective action shall be taken. After 12 corrective action has been taken by the mine operator, the 13 diesel equipment may be returned to service in its regular 14 operating mode for emissions testing purposes only; and 15 emissions testing shall be conducted immediately to assure that 16 the concentration does not exceed 75% of the exposure limit. 17 Corrective action shall be taken until the concentration does 18 not exceed 75% of the exposure limit before the diesel equipment 19 can be returned to full operation. 20 (e) Compliance.--The mine operator shall comply with the 21 following requirements: 22 (1) Repair or adjustment of the fuel injection system 23 shall only be performed by qualified mechanics authorized by 24 the engine manufacturer. 25 (2) Complete testing of the emissions system in 26 accordance with section 418 shall be conducted: 27 (i) prior to any piece of diesel-powered equipment 28 being put into service; and 29 (ii) after any repair or adjustment to the fuel 30 delivery system, engine timing or exhaust emissions 20080S0949B2204 - 217 -
1 control and conditioning system. 2 (3) Service and maintenance of the intake air filter, 3 exhaust particulate filter and the exhaust system shall be 4 performed at specific time intervals based on the component 5 manufacturer's recommendation and compliance with the engine 6 or emissions control operation specifications and, as needed, 7 based on the on-board diagnostics or emissions test results. 8 Accurate records shall be maintained of service and 9 maintenance under this paragraph. 10 Section 420. Training and general requirements. 11 (a) Approval.--Training course instructors and training 12 plans required by this section shall be approved by the 13 department. Operator training and qualification shall meet the 14 requirements of this section. 15 (b) Conduct.-- 16 (1) Training shall be conducted in the basics of the 17 operation of a diesel engine, Federal and State regulations 18 governing their use, company rules for safe operation, 19 specific features of each piece of equipment and the ability 20 to recognize problems. 21 (2) Training shall be provided to each equipment 22 operator and the mine health and safety committee if one 23 exists. This training shall be designed to bring every 24 operator to a level of good understanding of diesel equipment 25 operation. 26 (3) Each operator shall be qualified by attending a 27 minimum eight-hour course, including classroom training on 28 diesel fundamentals and equipment-specific hands-on training 29 on the job. Training shall include instruction in the 30 following classroom subjects: 20080S0949B2204 - 218 -
1 (i) Engine fundamentals. This subparagraph includes 2 an introduction to the function of a diesel engine and 3 recognition of major components and their functions. 4 (ii) Diesel regulations. This subparagraph includes 5 an introduction to Federal and State regulations 6 governing the use of diesel equipment. 7 (iii) Diesel emissions. This subparagraph includes 8 an introduction to diesel emissions and their adverse 9 health effects. 10 (iv) Factors which affect diesel emissions. This 11 subparagraph includes a detailed presentation of engine 12 faults and diesel fuel quality, their effect on emissions 13 and the preventive actions which can be taken to minimize 14 emissions levels. 15 (v) Emissions control devices. This subparagraph 16 includes a detailed presentation of the different 17 emissions control devices employed to reduce emissions 18 and details about actions the operator must take to keep 19 the devices in working order. 20 (vi) Diagnostic techniques. This subparagraph 21 includes a presentation of techniques which can be 22 employed by the operator to assure the equipment is in 23 safe operating condition and instruction about how to 24 recognize and diagnose certain engine faults which may 25 cause increases in emissions. 26 (vii) Preoperational inspection. This subparagraph 27 includes a presentation of the purpose, benefits and 28 requirements of the preoperational inspection. 29 (viii) Ventilation. This subparagraph includes an 30 introduction to special ventilation requirements for 20080S0949B2204 - 219 -
1 areas where diesel-powered equipment will operate. 2 (ix) Fire suppression system. This subparagraph 3 includes an introduction to the fire suppression system 4 and its function and when and how to activate the fire 5 suppression manually. 6 (x) Operating rules. This subparagraph includes a 7 detailed presentation of the driving rules, safe driving 8 speeds, traffic control devices and equipment 9 limitations. 10 (xi) Emergency procedures. This subparagraph 11 includes discussion of: 12 (A) emergencies, such as fire, diesel fuel 13 spills, component failure, loss of ventilation air 14 and emergency escape procedures; and 15 (B) potential use of the diesel-powered vehicle 16 as an emergency escape vehicle in case of a mine 17 emergency. 18 (xii) Recordkeeping and reporting procedures. This 19 subparagraph includes a presentation on required 20 recordkeeping and reporting procedures for problems or 21 unsafe conditions, high emissions levels and 22 preoperational inspections made by the equipment 23 operator. 24 (c) Certificate.--Upon successful completion of both 25 training sessions, the operator shall be issued a certificate of 26 qualification which qualifies the operator to operate a specific 27 type of diesel-powered equipment. An operator may be qualified 28 to operate more than one type of equipment by completing 29 additional equipment-specific training covering differences 30 specific to each additional type of equipment. 20080S0949B2204 - 220 -
1 (d) Refresher training.--Refresher training, separate from 2 that required by MSHA regulations at 30 CFR Pt. 48 (relating to 3 the training and retraining of miners), shall be required 4 annually. 5 (e) Annual certificate.--A new certificate of qualification 6 shall be issued annually after the equipment operator has 7 received the annual refresher training. 8 Section 421. Equipment-specific training. 9 (a) Approval.--Training course instructors and training 10 plans required by this section must be approved by the 11 department. 12 (b) Description.-- 13 (1) Equipment-specific hands-on orientation training 14 shall be given in an area of the mine where the equipment 15 will be operated. This orientation shall be specific to the 16 type and make of the diesel machine and shall be presented in 17 small groups. 18 (2) The following subjects shall be included in the 19 training: 20 (i) Equipment layout. This subparagraph includes 21 familiarization with the layout of the equipment, the 22 operator's compartments and the controls. 23 (ii) Preoperation inspection. This subparagraph 24 includes familiarization with the preoperation inspection 25 procedure and review of specific details of the 26 inspection and location of the components to be 27 inspected. 28 (iii) Equipment limitations. This subparagraph 29 includes instruction relating to equipment performance, 30 speeds, capacities and blind areas. 20080S0949B2204 - 221 -
1 (iv) Operating areas. This subparagraph includes 2 instruction relating to areas in which the equipment may 3 be operated. 4 (v) Operation. This subparagraph includes 5 familiarization with the controls, gauges and warning 6 devices and safe operating limits of all indicating 7 gauges. 8 (vi) Refueling procedure. This subparagraph includes 9 familiarization with fuel handling, permissible refueling 10 areas, spill prevention, cleanup and potential hazards 11 from diesel fuel. 12 (vii) Emergency devices. This subparagraph includes 13 instruction relating to the location and use of the fire 14 extinguisher and fire suppression devices. 15 (viii) Driving practice. This paragraph includes 16 supervised operation of the equipment. 17 Section 422. Diesel mechanic training. 18 (a) Approval.--Training course instructors and training 19 plans required by this section must be approved by the 20 department. 21 (b) General rule.--Diesel mechanic training and 22 qualification shall meet the requirements of this section. 23 (c) Skills.--Diesel mechanics shall be trained and qualified 24 to perform maintenance, repairs and testing of the features of 25 diesel equipment certified by MSHA and the department. 26 (d) Qualification.--To be qualified, a diesel mechanic shall 27 successfully complete a minimum of 16 hours of a training 28 program approved by the department regarding the general 29 function, operation, maintenance and testing of emissions 30 control and conditioning components. The diesel mechanic shall 20080S0949B2204 - 222 -
1 be qualified to perform these tasks on the specific machines 2 used at the mine or mines where they are employed. Additional 3 engine-specific training shall be provided to diesel mechanics 4 in accordance with a plan approved by the department. 5 (e) Retraining.--Annual retraining programs for diesel 6 mechanics shall be required and shall be approved by the 7 department. Retraining shall include refresher training as well 8 as new procedure and new technology training as necessary. 9 Retraining shall be separate from refresher training pursuant to 10 MSHA regulations at 30 CFR Pt. 48 (relating to training and 11 retraining of miners) and electrical training required by MSHA. 12 (f) Programs.--The minimum diesel mechanic training programs 13 shall include training in the following minimum subject 14 requirements: 15 (1) Federal and State requirements regulating the use of 16 diesel equipment. 17 (2) Company policies and rules related to the use of 18 diesel equipment. 19 (3) Emissions control system design and component 20 technical training. 21 (4) Onboard engine performance and maintenance 22 diagnostics system design and component technical training. 23 (5) Service and maintenance procedures and requirements 24 for the emissions control systems. 25 (6) Emissions testing procedures and evaluation and 26 interpretation of test results. 27 (7) Troubleshooting procedures for the emissions control 28 systems. 29 (8) Fire protection systems test and maintenance. 30 (9) Fire and ignition sources and their control and 20080S0949B2204 - 223 -
1 elimination. 2 (10) Fuel system maintenance and safe fueling 3 procedures. 4 (11) Intake air system design and components technical 5 training and maintenance procedures. 6 (12) Engine shutdown device tests and maintenance. 7 (13) Special instructions regarding components, such as 8 the fuel injection system, which may only be repaired and 9 adjusted by a qualified mechanic who has received special 10 training and is authorized to make the repairs or adjustments 11 by the component manufacturer. 12 (14) Instruction on recordkeeping requirements for 13 maintenance procedures and emissions testing. 14 (15) Other subjects determined by the department to be 15 necessary to address specific health and safety needs. 16 Section 423. Operation of diesel-powered equipment. 17 (a) General rule.--In addition to other requirements of this 18 chapter, diesel-powered equipment shall be operated pursuant to 19 the standards set forth in this section. 20 (b) Attended equipment.--Diesel-powered equipment shall be 21 attended while in operation with the engine running in 22 underground mines. 23 (c) Idling.--Unnecessary idling of diesel-powered equipment 24 is prohibited. 25 (d) Access.--Roadways where diesel-powered equipment is 26 operated shall be maintained as free as practicable from bottom 27 irregularities debris and wet or muddy conditions, which affect 28 control of the equipment. 29 (e) Speed.--Operating speeds shall be consistent with 30 conditions of roadways, grades, clearances, visibility and 20080S0949B2204 - 224 -
1 traffic and type of equipment used. 2 (f) Control.--Equipment operators shall have full control of 3 the mobile equipment while it is in motion. 4 (g) Traffic rules.--Traffic rules, including speed, signals 5 and warning signs, shall be standardized at each mine and 6 posted. 7 (h) Maintenance.-- 8 (1) Diesel-powered equipment shall be maintained in a 9 safe operating condition which does not threaten health of 10 human beings. 11 (2) Diesel-powered equipment not maintained in 12 accordance with paragraph (1) or not maintained in accordance 13 with the engine or emissions control operating specifications 14 shall be removed from service immediately and shall not be 15 returned to service until all necessary corrective actions 16 have been taken. 17 Section 424. Technical advisory committee. 18 (a) Establishment.--The Technical Advisory Committee on 19 Diesel-Powered Equipment is established. 20 (b) Membership.--The advisory committee shall consist of two 21 members, who shall be residents of this Commonwealth. 22 (1) The Governor shall appoint one member to represent 23 the viewpoint of the coal operators in this Commonwealth 24 within 30 days from receipt of a list containing one or more 25 nominees submitted by the major trade association 26 representing coal operators in this Commonwealth. 27 (2) The Governor shall appoint one member to represent 28 the viewpoint of the working miners in this Commonwealth 29 within 30 days from receipt of a list containing one or more 30 nominees submitted by the highest ranking official within the 20080S0949B2204 - 225 -
1 major employee organization representing coal miners in this 2 Commonwealth. 3 (c) Terms.--Each member of the technical advisory committee 4 shall be appointed for a term of three years. If renominated and 5 reappointed, a member may serve an unlimited number of 6 successive three-year terms. 7 (d) Functions.--The technical advisory committee has the 8 following functions: 9 (1) Advising the department regarding implementation of 10 this chapter. 11 (2) Evaluating alternative technology or methods for 12 meeting the requirements for diesel-powered equipment as set 13 forth in this chapter. 14 (3) Providing technical assistance to operators 15 regarding diesel equipment technologies. 16 (4) Conducting investigations relating to implementation 17 of this chapter. 18 (5) Providing training regarding diesel equipment 19 emission controls and emission testing. 20 (e) Compensation.--Members of the technical advisory 21 committee shall be compensated at the appropriate per diem rate 22 based on the prevailing formula administered by the 23 Commonwealth, but not less than $150 per day, plus all 24 reasonable expenses incurred while performing their official 25 duties. Compensation shall be adjusted annually by the 26 department to account for inflation based on the rate of 27 inflation identified by the Consumer Price Index for All Urban 28 Consumers, Bureau of Labor Statistics. The individual member may 29 waive his right to all or part of the compensation set forth in 30 this provision. 20080S0949B2204 - 226 -
1 (f) Meetings.--The technical advisory committee shall meet 2 at least twice during each calendar year. 3 (g) Quorum.--Actions of the technical advisory committee 4 require the participation of both members. 5 (h) Support.-- 6 (1) The department shall make clerical support and 7 assistance available to enable the technical advisory 8 committee to carry out its duties. Upon the request of both 9 members of the technical advisory committee, the department 10 may draft proposed conditions of use and reports or perform 11 investigations. 12 (2) The department shall purchase for the technical 13 advisory committee equipment for testing diesel engine 14 exhaust emissions and measuring diesel engine surface 15 temperatures and exhaust gas temperatures. Alternative 16 technology or methods recommended by the technical advisory 17 committee or approved by the secretary shall not reduce or 18 compromise the level of health and safety protection afforded 19 by this chapter. 20 (i) Alternative technologies.-- 21 (1) Upon application of a coal miner, coal mine operator 22 or diesel-related technology manufacturer, or on its own 23 motion, the technical advisory committee shall consider 24 requests for the use of alternative diesel-related health and 25 safety technologies with general underground mining industry 26 application which are consistent with this chapter. The 27 following apply: 28 (i) Upon receipt of an application, the technical 29 advisory committee shall conduct an investigation, which 30 shall include consultation with a representative of the 20080S0949B2204 - 227 -
1 major trade association representing coal operators in 2 this Commonwealth and with a representative of the major 3 employee organization representing coal miners in this 4 Commonwealth. 5 (ii) Approval of an application made under this 6 subsection shall make the alternative technology or 7 method available for use by a coal mine operator in this 8 Commonwealth but shall not be construed to require that a 9 coal mine operator use the approved alternative 10 technology or method. 11 (2) Upon application of a coal mine operator, the 12 technical advisory committee shall consider site-specific 13 requests for use of alternative diesel-related health and 14 safety technologies. The committee's recommendations on 15 applications submitted under this subsection shall be on a 16 mine-by-mine basis. Upon receipt of a site-specific 17 application, the technical advisory committee shall conduct 18 an investigation, which shall include consultation with the 19 mine operator and the authorized representatives of the 20 miners at the mine. Authorized representatives of the miners 21 shall include a mine health and safety committee elected by 22 miners at the mine and an individual employed by an employee 23 organization representing miners at the mine or an individual 24 authorized as the representative of miners of the mine in 25 accordance with MSHA regulations at 30 CFR Pt. 40 (relating 26 to representative of miners). If there is no authorized 27 representative of the miners, the technical advisory 28 committee shall consult with a reasonable number of miners at 29 the mine. 30 (3) Within 180 days of receipt of an application for use 20080S0949B2204 - 228 -
1 of alternative technologies or methods, the technical 2 advisory committee shall complete its investigation and make 3 a recommendation to the secretary. The technical advisory 4 committee members shall only recommend approval of an 5 application if, at the conclusion of the investigation, the 6 committee members have made a determination that the use of 7 the alternative technology or method will not reduce or 8 compromise the level of health and safety protection afforded 9 by this chapter. The time period under this paragraph may be 10 extended with the consent of the applicant. 11 (4) The technical advisory committee shall forward to 12 the secretary three possible recommendations: 13 (i) A unanimous recommendation to approve the 14 application for use of alternative technologies or 15 methods. A recommendation under this subparagraph must be 16 made in writing and include the results of the 17 investigation and specific conditions of use for the 18 alternative technology or method. 19 (ii) A unanimous recommendation to reject the 20 application for use of alternative technologies or 21 methods. A recommendation under this subparagraph must be 22 made in writing and outline in detail the basis for the 23 rejection. 24 (iii) A divided recommendation in which one member 25 of the technical advisory committee recommends approval 26 of the application for use of alternative technologies or 27 methods and one member of the advisory committee 28 recommends rejection of the application for use of 29 alternative technologies or methods. For a recommendation 30 under this subparagraph, each member of the committee 20080S0949B2204 - 229 -
1 must submit a detailed report to the secretary within 14 2 days of the committee's vote outlining the member's 3 position for or against the application. 4 (5) The secretary shall proceed as follows: 5 (i) Alternative technologies or methods may be 6 approved by the secretary if they do not reduce or 7 compromise the level of health and safety protection 8 afforded by this chapter. 9 (ii) If a recommendation under paragraph (4)(i) or 10 (ii) is forwarded to the secretary by the technical 11 advisory committee, the secretary shall have 30 days in 12 which to render a final decision adopting or rejecting 13 the advisory committee's recommendation and the 14 application. 15 (iii) The secretary may only approve or reject a 16 recommendation under paragraph (4)(i) or (ii) without 17 modification unless the modification is unanimously 18 approved by the technical advisory committee. 19 (iv) If a recommendation under paragraph (4)(iii) is 20 forwarded to the secretary, the secretary shall convene, 21 within 30 days, a meeting with the members of the 22 technical advisory committee to discuss the reasons for 23 the divided recommendation and to determine whether 24 additional information and further discussion might 25 result in a unanimous recommendation by the committee. 26 (v) The following apply: 27 (A) The secretary shall render a decision on the 28 application within 30 days from the date of the 29 meeting with the technical advisory committee or, if 30 no meeting is convened, within 60 days of forwarding 20080S0949B2204 - 230 -
1 of the recommendation. 2 (B) Upon consent of the applicant, the time 3 period under clause (A) may be extended. 4 (C) Except as set forth in clause (B), if the 5 secretary does not comply with the time requirements 6 to render a decision under this subparagraph, the 7 technical advisory committee's recommendation shall 8 be deemed rejected. 9 (6) Action taken by the secretary under this subsection 10 is subject to 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial 11 review of Commonwealth agency action) and the act of July 13, 12 1988 (P.L.530, No.94), known as the Environmental Hearing 13 Board Act. 14 (j) Shaft and slope construction.--The secretary shall 15 establish, based on recommendations made by the technical 16 advisory committee, conditions of use for the use of diesel- 17 powered equipment in shaft and slope construction operations at 18 coal mines. Conditions of use proposed by the technical advisory 19 committee shall be considered by the secretary and shall be 20 adopted or rejected by the secretary without modification, 21 except as approved by the technical advisory committee. 22 CHAPTER 5 23 ENFORCEMENT AND REMEDIES 24 Section 501. Enforcement orders and duty to comply. 25 (a) Authority.-- 26 (1) The department may issue written orders to enforce 27 this act, to effectuate the purposes of this act and to 28 protect the health and safety of miners and individuals in 29 and about mines. 30 (2) An order issued under this act shall take effect 20080S0949B2204 - 231 -
1 upon notice, unless the order specifies otherwise. 2 (3) An appeal to the Environmental Hearing Board shall 3 not act as a supersedeas. 4 (b) Compliance.--It is the duty of any individual to whom an 5 order applies to comply with that order. 6 Section 502. Restraining violations. 7 (a) Department.--In addition to any other remedies provided 8 by law, the department may seek an injunction to restrain any of 9 the following: 10 (1) Violation of this act, a regulation promulgated 11 under this act or any approval, standard, order or permit 12 issued under this act. 13 (2) Creation and maintenance of a threat to the health 14 and safety of miners and individuals in and about mines. 15 (b) Court.-- 16 (1) In a proceeding under subsection (a), the court may 17 do any of the following: 18 (i) Issue an injunction if it finds reasonable cause 19 to believe that the respondent is engaging in conduct 20 which: 21 (A) violates this act; a regulation promulgated 22 under this act or any approval, standard or order 23 issued under this act; or 24 (B) poses a threat to the health and safety of 25 miners and individuals in and about mines. 26 (ii) Levy civil penalties against the respondent. 27 (2) The courts of common pleas and the Commonwealth 28 courts are granted jurisdiction to hear and decide 29 proceedings brought under subsection (a). 30 (c) Bond.--The department is not required to post bond in 20080S0949B2204 - 232 -
1 connection with proceedings brought under this section. 2 Section 503. Administrative penalties. 3 (a) Declaration of threat.--The following actions by mine 4 officials are declared to pose an imminent and substantial 5 threat to the health and safety of miners: 6 (1) Assigning an employee without training or proper 7 certification. 8 (2) Requiring or condoning a violation of this act, a 9 regulation promulgated under this act or any approval, 10 standard or order issued under this act. 11 (3) Failing to perform a required examination. 12 (4) Failing to address promptly the dangers identified 13 through a mine examination or inspection by the department. 14 (5) Supplying inaccurate information to the department. 15 (6) Failing to notify the department as required by this 16 act. 17 (7) Failing to de-energize electrical power as required 18 by this act. 19 (8) Failing to evacuate the mine when required to do so 20 by a provision of this act. 21 (b) Penalty for mine officials and operator liability.-- 22 (1) If the department finds that a mine official has 23 engaged in any of the actions under subsection (a), the 24 department may assess an administrative penalty of up to 25 $2,500 against the mine official. In every instance in which 26 an administrative penalty is assessed against a mine 27 official, the department may assess an administrative penalty 28 of the same amount against the operator of the mine where the 29 violations occurred. 30 (2) If the department finds that the operator directed 20080S0949B2204 - 233 -
1 or condoned an unsafe act or a violation of the act: 2 (i) the department may assess an administrative 3 penalty of not less than $10,000 and not more than 4 $200,000 against the operator; and 5 (ii) the individual that directed or condoned the 6 action shall be removed from any position of command and 7 control. 8 (c) Nonexclusive remedy.--Assessment of a penalty under this 9 section does not preclude the department from exercising any 10 other remedy available to it. 11 (d) Factors.--In determining the amount of a penalty, the 12 department shall consider the following: 13 (1) The degree to which the conduct was reckless or 14 intentional. 15 (2) Whether an individual was fatally or seriously 16 injured. 17 (3) The potential for the violation resulting in death 18 or serious injury to an individual. 19 (4) Whether the conduct is in violation of an 20 outstanding order. 21 (5) In the case of an operator, the economic benefit to 22 the operator from not complying with the applicable 23 requirements. 24 (e) Practice and procedure.--A penalty under this section is 25 subject to: 26 (1) 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and 27 procedure of Commonwealth agencies) and 7 Subch. A (relating 28 to judicial review of Commonwealth agency action); and 29 (2) 25 Pa. Code Ch. 1021 (relating to practice and 30 procedures). 20080S0949B2204 - 234 -
1 (3) The act of July 13, 1988 (P.L.530, No.94), known as 2 the Environmental Hearing Board Act. 3 Section 503.1. Process for assessing administrative penalties. 4 (a) Assessment process.--If the department assesses an 5 administrative penalty, it shall inform the operator and mine 6 official, as applicable, of the amount of the penalty. The 7 individual PERSON assessed with the penalty shall then have 30 <-- 8 days to pay the penalty in full or, if the individual PERSON <-- 9 wishes to contest the amount of the penalty, the individual <-- 10 PERSON shall, within the 30-day period, file an appeal of the <-- 11 department's assessment with the Environmental Hearing Board. 12 Failure to appeal within 30 days shall result in a waiver of all 13 legal rights to contest the amount of the penalty. 14 (b) Prepayment of administrative penalty.--If the operator 15 or mine official wishes to contest either the amount of the 16 penalty or the violation, the operator or mine official shall 17 forward an amount not greater than $25,000 to the department for 18 placement in an escrow account with the State Treasurer or any 19 bank located in this Commonwealth, or post an appeal bond in the 20 amount of the proposed penalty provided that the bond shall be 21 executed by a surety licensed to do business in this 22 Commonwealth and is satisfactory to the department. If through 23 administrative or judicial review of the penalty, it is 24 determined that no violation occurred, or that the amount of the 25 penalty should be reduced, the department shall within 30 days 26 remit the appropriate amount to the operator or mine official, 27 with any interest accumulated by the escrow deposit. Failure to 28 forward the money or the appeal bond to the department within 30 29 days shall result in a waiver of all legal rights to contest the 30 violation or the amount of the penalty. 20080S0949B2204 - 235 -
1 (c) Payment of penalty.--The amount assessed after 2 administrative hearing or waiver shall be payable to the 3 Commonwealth of Pennsylvania, Mine Safety Fund and shall be 4 collectible in any manner provided under law for the collection 5 of debts. If any individual PERSON liable to pay any penalty <-- 6 neglects or refuses to pay it after demand, the amount together 7 with interest and any costs that may accrue, shall constitute a 8 judgment in favor of the Commonwealth upon the property of the 9 individual PERSON from the date it has been entered and docketed <-- 10 or recorded by the prothonotary of the county where such 11 property is situated. The department may, at any time, transmit 12 to the prothonotaries of the respective counties certified 13 copies of the judgments, and it shall be the duty of each 14 prothonotary to enter and docket the judgments in the 15 prothonotary's office, and to index it as judgments are indexed, 16 without requiring the payment of costs as a condition precedent 17 to the entry of the judgment. 18 Section 504. Unlawful conduct. 19 It is unlawful for an individual A PERSON to do any of the <-- 20 following: 21 (1) Violate this act, a regulation under this act or any 22 approval, standard or order under this act. 23 (2) Cause or assist another in a violation under 24 paragraph (1). 25 (3) Hinder or threaten an agent or employee of the 26 department in the course of performance of a duty under this 27 act, including entry and inspection. 28 (4) Do any of the following on mine property: 29 (i) Venture into areas with unsupported roof. 30 (ii) Fail to make required gas checks. 20080S0949B2204 - 236 -
1 (iii) Work on energized equipment without de- 2 energizing, locking out and tagging that equipment. 3 (iv) Change approved equipment without obtaining the 4 department's approval. 5 (v) Circumvent a safety device. 6 (vi) Disable an alarm. 7 (vii) Possess or use alcohol, drugs or smoking 8 materials in an unlawful manner on mine property. 9 (viii) Assign an employee without training or proper 10 certification to perform the assigned work. 11 (ix) Require or condone a violation of this act, a 12 regulation under this act or any approval, standard or 13 order under this act. 14 (x) Require or condone performance of an unsafe act. 15 (xi) Fail to perform a required examination. 16 (xii) Fail to abate promptly the dangers identified 17 through a mine examination or inspection by the 18 department. 19 (xiii) Supply inaccurate information to the 20 department. 21 (xiv) Fail to: 22 (A) notify the department as required by this 23 act; 24 (B) de-energize electrical power as required by 25 this act; or 26 (C) evacuate the mine when required. 27 Section 505. Criminal penalties. 28 (a) Prohibition.--An individual A PERSON commits a felony of <-- 29 the second degree if all of the following apply: 30 (1) The individual PERSON: <-- 20080S0949B2204 - 237 -
1 (i) violates this act, a regulation under this act 2 or any approval, standard or order under this act; 3 (ii) submits false information to the department; or 4 (iii) fails to notify the department as required by 5 this act. 6 (2) The action or inaction under paragraph (1): 7 (i) either results in the death of or substantial 8 bodily injury to an individual; or 9 (ii) creates a condition that poses a substantial 10 likelihood of causing death or substantial bodily injury 11 to an individual. 12 Section 506. Inspections. 13 (a) Administrative.--An agent or employee of the department 14 may do any of the following: 15 (1) Inspect a mine, property, building, premises, place, 16 book or record. 17 (2) Secure physical evidence. This paragraph includes 18 photography and videography. 19 (3) Conduct tests. This paragraph includes taking 20 samples. 21 (b) Warrant.--It shall be sufficient probable cause for a 22 court of competent jurisdiction to issue a search warrant if the 23 department establishes all of the following: 24 (1) The action under subsection (a) is pursuant to the 25 department's general inspection of mines and investigations 26 at mines. 27 (2) The agent or employee: 28 (i) has reason to believe that there has been a 29 violation of this act, a regulation under this act or any 30 approval, standard or order under this act of the 20080S0949B2204 - 238 -
1 department has occurred or may occur; or
2 (ii) has been refused access or been prevented from
3 taking action under subsection (a).
4 Section 507. Intervention.
5 An individual A PERSON having an interest, which is or may be <--
6 adversely affected, has the right without posting bond to
7 intervene in an action brought by the department or in an appeal
8 before the Environmental Hearing Board under this act.
9 Section 508. Limitation of action.
10 (a) Civil and administrative.--Notwithstanding 42 Pa.C.S.
11 Ch. 55 Subch. B (relating to civil actions and proceedings) or
12 any other statutory provision to the contrary:
13 (1) A civil action under this act shall be commenced
14 within three years from the date the cause of action arises.
15 (2) An administrative action under this act shall be
16 commenced within three years from the date of the violation.
17 (b) Criminal.--Notwithstanding 42 Pa.C.S. Ch. 55 Subch. C
18 (relating to criminal proceedings) or any other statutory
19 provision to the contrary, a criminal action under this act
20 shall be commenced within three years from the date the offense
21 is committed.
22 Section 509. Relation to permit.
23 The following apply if the department finds that an operator
24 has demonstrated a lack of intent or ability to comply with this
25 act, a regulation under this act or any approval, standard or
26 order under this act:
27 (1) The department may take any action it deems
28 appropriate regarding the operator's permits, including
29 denial of applications for new, renewed or amended permits
30 and suspension or revocation of existing permits.
20080S0949B2204 - 239 -
1 (2) Before taking action under paragraph (1), the 2 department shall provide the operator with an opportunity to 3 demonstrate to the department the operator's intent and 4 ability to comply. 5 Section 510. Certification actions. 6 (a) Denial.--The department shall not issue a certification 7 if, after investigation and an opportunity for an informal 8 hearing, it finds that the applicant lacks the ability or intent 9 to comply with this act. 10 (b) Sanctions.-- 11 (1) The department may modify, suspend or revoke a 12 certification under this act if it determines that the holder 13 has done any of the following: 14 (i) Failed to comply with this act; a regulation 15 under this act or any approval, standard or order under 16 this act. 17 (ii) Interfered with the safe and lawful operation 18 of any mine. 19 (iii) Engaged in unlawful conduct under this act. 20 (2) An appeal to the Environmental Hearing Board shall 21 be treated as a petition for a supersedeas. 22 (3) An action under this subsection shall be taken only 23 if the monetary penalty under section 503 is inadequate. 24 (4) This subsection is subject to 2 Pa.C.S. Chs. 5 25 Subch. A (relating to practice and procedure of Commonwealth 26 agencies) and 7 Subch. A (relating to judicial review of 27 Commonwealth agency action) and the act of July 13, 1988 28 (P.L.530, No.94), known as the Environmental Hearing Board 29 Act. 30 (c) Retesting.--A mine official whose certificate has been 20080S0949B2204 - 240 -
1 revoked shall have the right after five years of work experience 2 in an underground bituminous coal mine, two years of which must 3 be in a working section, to be reexamined and upon receipt of a 4 satisfactory score on the examination, the mine official shall 5 be given another certificate of qualification. 6 (d) Other remedies.--This section is in addition to any 7 other remedy afforded the department under this act or any other 8 provision of law. 9 Section 511. Withdrawal of certification. 10 If a superintendent receives information that any mine 11 foreman, assistant mine foreman, mine examiner or mine 12 electrician neglects duties or is incapacitated, the 13 superintendent shall make a thorough investigation. If the 14 superintendent finds evidence to sustain neglect or incapacity, 15 the superintendent shall suspend the individual and inform the 16 department. 17 CHAPTER 6 18 EMERGENCY MEDICAL PERSONNEL 19 Section 601. Definitions. 20 The following words and phrases when used in this chapter 21 shall have the meanings given to them in this section unless the 22 context clearly indicates otherwise: 23 "Emergency medical technician." A coal mine employee who has 24 successfully completed the course on emergency first aid care 25 and transportation of the sick and injured recommended by the 26 American Academy of Orthopedic Surgeons or an equivalent 27 organization and who has been certified by the Department of 28 Health to provide emergency care. 29 "Emergency medical technician paramedic." An individual who 30 has been certified by the Department of Health to provide 20080S0949B2204 - 241 -
1 emergency medical treatment. 2 Section 602. Emergency medical personnel. 3 Emergency medical personnel shall be employed at every mine 4 as follows: 5 (1) At least one emergency medical technician shall be 6 on duty at any time when miners at that mine are engaged in 7 the extraction, production or preparation of coal. Emergency 8 medical technicians shall be on duty at a mine in sufficient 9 numbers to assure that no miner shall work in a mine location 10 which cannot be reached in 30 minutes by an emergency medical 11 technician. Emergency medical technicians shall be employed 12 at their regular duties at locations convenient for quick 13 response to emergencies and shall have available to them at 14 all times necessary equipment in compliance with Federal 15 regulations. 16 (2) Telephone services or the equivalent facilities 17 shall be installed which shall provide two-way voice 18 communications between the emergency medical technician at 19 the mine and medical personnel outside or away from the mine 20 who provide emergency medical services on a regular basis. 21 (3) Operators shall make adequate provisions so that at 22 least one emergency medical technician paramedic, registered 23 nurse, physician or physician assistant is available to 24 provide care at a mine at any time that individuals are 25 engaged in extraction, production or preparation of coal. 26 Emergency medical personnel under this paragraph shall be on 27 call to reach the entrance of the mine within 30 minutes. 28 Section 603. Regulations for training and certification. 29 The Department of Health shall promulgate regulations to 30 train and certify emergency medical technicians and emergency 20080S0949B2204 - 242 -
1 medical technician paramedics. 2 Section 604. First aid training of mine employees. 3 Each operator shall provide every new employee who has not 4 received first aid training required by the department within 5 the six months prior to the date of employment with the training 6 required by the department. The department shall consult with 7 the Department of Health, MSHA and representatives of miners and 8 representatives of operators in determining the training to be 9 required under this section. Each mine employee shall be 10 provided with five hours of refresher first aid training within 11 each 24-month period of employment. Each employee shall be paid 12 regular wages or overtime pay, if applicable, for all periods of 13 first aid training. 14 Section 605. Continuing training. 15 The department, after consultation with the Department of 16 Health regarding the content of instruction courses, shall 17 provide for necessary training on a continuing basis of 18 emergency medical technicians and emergency medical technician 19 paramedics in sufficient numbers to satisfy the requirements of 20 this chapter. 21 Section 606. Regulations. 22 The board, after consultation with the Department of Health, 23 shall promulgate regulations to implement the operational 24 provisions of this chapter. 25 Section 607. Certification. 26 The Department of Health shall promulgate regulations to 27 prescribe procedures necessary to certify emergency medical 28 technicians and emergency medical technician paramedics and 29 consult with the department as may be required under this 30 chapter. 20080S0949B2204 - 243 -
1 Section 608. Liability. 2 (a) Physicians.-- 3 (1) Except as set forth in paragraph (2), a physician 4 who in good faith gives instructions to a certified emergency 5 medical technician or emergency medical technician paramedic, 6 a registered nurse or physician assistant shall not be liable 7 for civil damages as a result of issuing the instructions. 8 (2) Paragraph (1) does not apply where the actions 9 constitute gross negligence, reckless misconduct or 10 intentional misconduct. 11 (b) Other medical personnel.-- 12 (1) Except as set forth in paragraph (2), a certified 13 emergency medical technician, emergency medical technician 14 paramedic, registered nurse or physician assistant who in 15 good faith attempts to render emergency care to a sick or 16 injured individual in or about a mine shall not be liable for 17 civil damages as a result of any acts or omissions. 18 (2) Paragraph (1) does not apply where the actions 19 constitute gross negligence, reckless misconduct or 20 intentional misconduct. 21 Section 609. Equivalent training. 22 If the department determines that an operator is presently 23 providing emergency medical care for its employees which is 24 equivalent to or superior to the emergency medical care provided 25 for under this chapter, the department shall make a finding that 26 the operator is in compliance with this chapter. 27 CHAPTER 7 28 SAFETY ZONES AND ENTOMBED WORKMEN 29 Section 701. Establishment. 30 A safety zone is established beneath and adjacent to every 20080S0949B2204 - 244 -
1 stream, river and natural or artificial body of water in this 2 Commonwealth that is sufficiently large to constitute a hazard 3 to mining in the opinion and discretion of the department. In 4 the case of a stream or river, the safety zone shall extend 5 horizontally 200 feet from the high-water mark of each bank. In 6 the case of any other body of water sufficiently large to, in 7 the department's discretion, constitute a hazard to mining, the 8 safety zone shall extend horizontally 200 feet from the known 9 perimeter. Each safety zone shall extend downward to the limit 10 of the workable beds. 11 Section 702. Written authorization. 12 (a) Requirement.--No mining or removal of minerals shall be 13 permitted within the safety zone unless authorization is 14 specifically granted in advance and in writing by the 15 department. 16 (b) Procedure.--Authorization shall only be granted upon 17 application of the operator. Application shall be accompanied by 18 four copies of a plan of the proposed mining operation. The plan 19 shall indicate the thickness of the unconsolidated strata, the 20 thickness of the rock strata and coal beds overlying the bed to 21 be mined, the thickness of the bed, the width of the mine 22 openings, the width of the pillars to be left and any other 23 special features that may be deemed necessary as affecting the 24 contemplated first mining. 25 (c) Examinations.--The department shall make periodic 26 examinations to determine the accuracy of plans, maps and 27 drawings submitted to it under the provisions of this section. 28 Section 703. Pillar recovery. 29 Pillar recovery may not be undertaken until the pillar plan 30 is approved by the department. Applications for pillar recovery 20080S0949B2204 - 245 -
1 must be accompanied by four copies of a plan, which must include 2 such information as shall be determined by the department. The 3 approval or disapproval of the plan shall be based on the 4 factors of depth, the thickness of the bed, the percentage of 5 pillars proposed to be extracted and to be left, the effect on 6 pillars remaining in overlying beds and any other special 7 features deemed necessary by the department. 8 Section 704. Proof of rock cover. 9 (a) Requirement.--Proof of the existence of 35 feet of rock 10 cover must accompany any plan submitted under this chapter. 11 (b) Sufficiency.--Proof of rock cover is to be ascertained 12 by testing holes drilled on: 13 (1) intersecting lines forming rectangles or squares 14 where the cover thickness is less than 50 feet; and 15 (2) on spacing of not more than 35-foot centers. 16 Section 705. Verification. 17 Plans and proof of rock cover under this chapter must be 18 signed by a registered professional mining engineer representing 19 the operator and a registered professional mining engineer 20 representing the lessor or the owner. 21 Section 706. Approval or disapproval of plans. 22 (a) Approval.--If, after review, the department approves the 23 plan, it shall send copies of the approved plan to the 24 registered professional mining engineer representing the 25 operator and to the registered professional mining engineer 26 representing the lessor or the owner. 27 (b) Disapproval.--If, after review, the department 28 disapproves the plan, it shall send copies of the disapproval, 29 identifying its reasons for that action, to the registered 30 professional mining engineer representing the operator and a 20080S0949B2204 - 246 -
1 registered professional mining engineer representing the lessor 2 or the owner. 3 Section 707. Notice. 4 After approval of the plan by the department, mining or 5 removal of minerals shall not begin within the safety zone until 6 the mine foreman has conspicuously posted a notice on the 7 outside of the mine and has orally notified each miner affected 8 that the miner is working within the safety zone. 9 Section 708. Entombed workmen. 10 If a workman is enclosed, entombed or buried in any coal mine 11 in this Commonwealth, the department, on its own initiative or 12 upon request of a relative of the workman or the department, may 13 petition a court of competent jurisdiction to order recovery of 14 the body and to make a decree that the workman is dead. 15 CHAPTER 31 16 MISCELLANEOUS PROVISIONS 17 Section 3101. Repeals. 18 (a) Absolute.--The following acts or parts of acts are 19 repealed absolutely: 20 (1) The act of June 30, 1947 (P.L.1177, No.490), known 21 as The Coal Mine Sealing Act of 1947. 22 (2) The act of July 17, 1961 (P.L.659, No.339), known as 23 the Pennsylvania Bituminous Coal Mine Act. 24 (b) Inconsistent.--The following acts and parts of acts are 25 repealed to the extent they apply to bituminous coal mines: 26 (1) The act of May 9, 1889 (P.L.154, No.171), entitled 27 "An act to provide for the recovery of the bodies of workmen 28 enclosed, buried or entombed in coal mines." 29 (2) The act of June 3, 1943 (P.L.848, No.357), entitled 30 "An act providing that every mine foreman, assistant mine 20080S0949B2204 - 247 -
1 foreman and fire boss, under the Bituminous Mining Laws and 2 the Anthracite Mining Laws of the Commonwealth, represents 3 and is an officer of the Commonwealth in the mine in which 4 employed, for the suspension or cancellation of the 5 certificates of such officials as shall hold same, and for 6 the disqualification of such as are uncertificated by the 7 Secretary of Mines after or prior to hearing, for failure or 8 refusal to perform his respective duties; defining the 9 procedure in such hearing and the powers of the Secretary of 10 Mines, with respect thereto, and providing for a review of 11 his decisions by courts of common pleas and the Superior 12 Court; providing for re-examination by the examining board of 13 any person whose certificate has been cancelled, and for 14 reinstatement of such as are uncertificated; and prohibiting 15 the employment by any operator in such capacity of any mine 16 foreman, assistant mine foreman or fire boss not possessing 17 the requisite certificate or whose certificate is suspended 18 or who has been disqualified." 19 (3) The act of December 22, 1959 (P.L.1994, No.729), 20 entitled "An act prohibiting mining in certain areas without 21 prior approval by the Department of Mines and Mineral 22 Industries; establishing standards for the approval of plans 23 for mining in such areas; imposing powers and duties on the 24 mine foremen and the Department of Mines and Mineral 25 Industries; and providing penalties." 26 (4) The act of July 9, 1976 (P.L.931, No.178), referred 27 to as the Coal Mine Emergency Medical Personnel Law. 28 Section 3102. Effective date. 29 This act shall take effect in 180 days. A8L52JKL/20080S0949B2204 - 248 -