PRINTER'S NO. 698
No. 636 Session of 2007
INTRODUCED BY SURRA, BELFANTI, BIANCUCCI, BISHOP, BUXTON,
CALTAGIRONE, CAPPELLI, CONKLIN, DALEY, DePASQUALE, EACHUS,
D. EVANS, FABRIZIO, GEORGE, GERGELY, GOODMAN, HESS, JAMES,
JOSEPHS, KENNEY, KOTIK, KULA, LEACH, MAJOR, MANN, SAMUELSON,
SANTONI, SCAVELLO, SIPTROTH, SOLOBAY, STABACK, R. STEVENSON,
STURLA, TRUE, WALKO, WOJNAROSKI, YOUNGBLOOD, PETRARCA,
PRESTON, GRUCELA AND PALLONE, MARCH 6, 2007
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 6, 2007
AN ACT
1 Amending the act of July 17, 1961 (P.L.659, No.339), entitled
2 "An act relating to bituminous coal mines; amending,
3 revising, consolidating and changing the laws relating
4 thereto; providing for the health and safety of persons
5 employed in and about the bituminous coal mines of
6 Pennsylvania and for the protection and preservation of
7 property connected therewith; prescribing powers and duties
8 in connection therewith; prescribing penalties; and repealing
9 existing laws," providing for self-contained self-rescue
10 devices and for penalties.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. The act of July 17, 1961 (P.L.659, No.339), known
14 as the Pennsylvania Bituminous Coal Mine Act, is amended by
15 adding a section to read:
16 Section 281.1. Self-Contained Self-Rescue Devices.--(a) A
17 self-contained self-rescue device approved by the secretary
18 shall be worn by each person underground or kept within the
19 immediate reach of the person. The device shall be provided by
1 the operator. The device shall be adequate to protect a miner
2 for one hour or longer. Each operator shall train each miner in
3 the use of the device and refresher training courses for all
4 underground employes shall be held during each calendar year.
5 (b) In addition, the operator shall provide caches of
6 additional self-contained self-rescue devices throughout the
7 mine in accordance with a plan approved by the secretary. Each
8 additional self-contained self-rescue device shall be adequate
9 to protect a miner for one hour or longer. The total number of
10 additional self-contained self-rescue devices, the total number
11 of storage caches and the placement of each cache throughout the
12 mine shall be established by the department. Intrinsically safe
13 battery-powered strobe lights shall be affixed to each cache and
14 shall be capable of automatic activation in the event of an
15 emergency. A luminescent sign with the words "SELF-CONTAINED
16 SELF-RESCUER" or "SELF-CONTAINED SELF-RESCUERS" shall be
17 conspicuously posted at each cache, and luminescent direction
18 signs shall be posted leading to each cache. Lifeline cords or
19 other similar device, with reflective material at twenty-five-
20 foot intervals, shall be attached to each cache from the last
21 open crosscut to the surface. The operator shall conduct weekly
22 inspections of each cache, the affixed strobe lights and each
23 lifeline cord or other similar device to ensure operability.
24 (c) Any person that, without the authorization of the
25 operator and the secretary, knowingly removes or attempts to
26 remove any self-contained self-rescue or battery-powered strobe
27 light from the mine or mine site with the intent to permanently
28 deprive the operator of the device or light or knowingly tampers
29 with or attempts to tamper with the device or light commits a
30 felony of the third degree and shall, upon conviction, be
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1 sentenced to pay a fine of not more than one hundred thousand
2 dollars ($100,000), or to imprisonment for not more than ten
3 years, or both.
4 (d) A wireless emergency communication device approved by
5 the secretary and provided by the operator shall be worn by each
6 person underground. The wireless emergency communication device
7 shall, at a minimum, be capable of receiving emergency
8 communications from the surface at any location throughout the
9 mine. Each operator shall train each miner in the use of the
10 device and provide refresher training courses for all
11 underground employes during each calendar year. The operator
12 shall install in or around the mine any and all equipment
13 necessary to transmit emergency communications from the surface
14 to each wireless emergency communication device at any location
15 throughout the mine.
16 (e) Any person that, without the authorization of the
17 operator and the secretary, knowingly removes or attempts to
18 remove any wireless emergency communication device or related
19 equipment from the mine or mine site with the intent to
20 permanently deprive the operator of the device or equipment or
21 knowingly tampers with or attempts to tamper with the device or
22 equipment commits a felony of the third degree and shall, upon
23 conviction, be sentenced to pay a fine of not more than one
24 hundred thousand dollars ($100,000) or to imprisonment for not
25 more than ten years, or both.
26 Section 2. This act shall take effect in 60 days.
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