PRINTER'S NO. 1675
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
AND WOZNIAK, JANUARY 11, 2008
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 11, 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.
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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 signals.
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.
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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 persons 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 hooker-on on rope haulage.
21 Section 258. Transportation of individuals.
22 Section 259. Conveyor belts and conveyor equipment.
23 Section 260. Blowtorches and fuel.
24 Section 261. Oxygen and gas containers.
25 Section 262. Transportation of oxygen and gas.
26 Section 263. Storage of oxygen and gas.
27 Section 264. Use of oxygen and gas.
28 Section 265. Duties of persons subject to this act.
29 Section 266. Protective clothing.
30 Section 267. Checking systems.
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1 Section 268. Prohibitions regarding endangering security of
2 mine.
3 Section 269. Responsibility for care and maintenance of
4 equipment.
5 Section 270. Control of dust and other inhalation hazards.
6 Section 271. Safeguards for mechanical equipment.
7 Section 272. First aid equipment.
8 Section 273. Fire protection.
9 Section 274. Mine openings or outlets.
10 Section 275. Mining close to abandoned workings.
11 Section 276. Lubrication and storage of flammable lubricants.
12 Section 277. Approved lighting and gas detection devices in
13 mines.
14 Section 278. Unauthorized entry into mine.
15 Section 279. Passing by or removing danger signals.
16 Section 280. Miners to remain in work areas.
17 Section 281. Sealing openings.
18 Section 282. Ladders in mines.
19 Section 283. Inside structures to be of incombustible
20 materials.
21 Section 284. Washhouses.
22 Chapter 3. Electrical Equipment
23 Section 302. Definitions.
24 Section 303. Plan of electrical system.
25 Section 304. Protection against shock.
26 Section 305. Restoration from shock.
27 Section 306. Report of defective equipment.
28 Section 307. Damage or alteration to mine electrical system.
29 Section 308. Capacity.
30 Section 309. Joints in conductors.
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1 Section 310. Cables entering fittings.
2 Section 311. Switches, fuses and circuit breakers.
3 Section 312. Lightning protection.
4 Section 313. Underground power supply.
5 Section 314. Storage battery equipment.
6 Section 315. (Reserved).
7 Section 316. Electrical equipment.
8 Section 317. Inspection of equipment.
9 Section 318. Stationary motors.
10 Section 319. Permanent underground installation.
11 Section 320. Underground illumination.
12 Section 321. Telephones and signaling.
13 Section 322. Grounding.
14 Section 323. Voltage limitation.
15 Section 324. Incoming feeder-disconnect switches.
16 Section 325. Bonding.
17 Section 326. Trolley installation.
18 Section 327. Connections to trolley.
19 Section 328. Guarding.
20 Section 329. Locomotives.
21 Section 330. Outdoor substation.
22 Section 331. High-voltage underground transmission system.
23 Section 332. Load center.
24 Section 333. Distribution centers.
25 Section 334. Mandatory safety components of electrical
26 equipment.
27 Section 335. High-voltage longwalls.
28 Section 336. Longwall electrical protection.
29 Section 337. Longwall disconnect switches.
30 Section 338. Guarding of longwall cables.
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1 Section 339. Longwall cable-handling and support systems.
2 Section 340. Use of longwall insulated cable handling
3 equipment.
4 Section 341. Maintenance.
5 Section 342. High-voltage longwall mining systems.
6 Section 343. Longwall electrical work.
7 Section 344. Testing, examination and maintenance of longwall
8 equipment.
9 Section 345. (Reserved).
10 Section 346. (Reserved).
11 Section 347. (Reserved).
12 Section 348. (Reserved).
13 Section 349. (Reserved).
14 Section 350. Equipment approvals.
15 Chapter 4. Diesel-powered Equipment
16 Section 401. Underground use.
17 Section 402. Diesel-powered equipment package.
18 Section 403. Exhaust emissions control.
19 Section 404. Ventilation.
20 Section 405. Fuel storage facilities.
21 Section 406. Transfer of diesel fuel.
22 Section 407. Containers.
23 Section 408. Fire suppression for equipment and transportation.
24 Section 409. Fire suppression for storage areas.
25 Section 410. Use of certain starting aids prohibited.
26 Section 411. Fueling.
27 Section 412. Fire and safety training.
28 Section 413. Maintenance.
29 Section 414. Records.
30 Section 415. Duties of equipment operator.
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1 Section 416. Schedule of maintenance.
2 Section 417. Emissions monitoring and control.
3 Section 418. Diagnostic testing.
4 Section 419. Exhaust gas monitoring and control.
5 Section 420. Training and general requirements.
6 Section 421. Equipment-specific training.
7 Section 422. Diesel mechanic training.
8 Section 423. Operation of diesel-powered equipment.
9 Section 424. Technical advisory committee.
10 Chapter 5. Enforcement and Remedies
11 Section 501. Enforcement orders and duty to comply.
12 Section 502. Restraining violations.
13 Section 503. Administrative penalties.
14 Section 504. Unlawful conduct.
15 Section 505. Criminal penalties.
16 Section 506. Inspections.
17 Section 507. Intervention.
18 Section 508. Limitation of action.
19 Section 509. Relation to permit.
20 Section 510. Certification actions.
21 Section 511. Withdrawal of certification.
22 Chapter 6. Emergency Medical Personnel
23 Section 601. Definitions.
24 Section 602. Emergency medical personnel.
25 Section 603. Regulations for training and certification.
26 Section 604. First aid training of mine employees.
27 Section 605. Continuing training.
28 Section 606. Regulations.
29 Section 607. Certification.
30 Section 608. Liability.
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1 Section 609. Equivalent training.
2 Chapter 7. Safety Zones
3 Section 701. Establishment.
4 Section 702. Written authorization.
5 Section 703. Pillar recovery.
6 Section 704. Proof of rock cover.
7 Section 705. Verification.
8 Section 706. Approval or disapproval of plans.
9 Section 707. Notice.
10 Section 708. Entombed workmen.
11 Chapter 31. Miscellaneous Provisions
12 Section 3101. Repeals.
13 Section 3102. Effective date.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 CHAPTER 1
17 PRELIMINARY PROVISIONS
18 Section 101. Short title.
19 This act shall be known and may be cited as the Bituminous
20 Coal Mine Safety Act.
21 Section 102. Application.
22 This act shall apply to all underground bituminous coal mines
23 in this Commonwealth, including all of the following:
24 (1) The construction, operation, maintenance and sealing
25 of underground bituminous coal mines.
26 (2) The operators of underground bituminous coal mines.
27 (3) All persons at underground bituminous coal mines.
28 Section 103. Findings and purpose.
29 (a) Findings.--The General Assembly finds that it is in the
30 public interest to establish a comprehensive scheme to protect
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1 the lives, health and safety of those who work at mines in this
2 Commonwealth. This comprehensive scheme shall address all of the
3 following:
4 (1) The first priority and concern of all in the
5 bituminous coal mining industry must be the health and safety
6 of those who work in and at mines and others in and about
7 mines.
8 (2) Deaths and injuries from unsafe and unhealthful
9 conditions and practices at underground bituminous coal mines
10 cause grief and suffering to miners and their families.
11 (3) The efforts of mine operators, miners and the
12 Commonwealth, through the Department of Environmental
13 Protection, have over time significantly reduced the
14 occurrence of deaths and injuries in the underground
15 bituminous coal mining industry. This reduction in deaths and
16 injuries is due, in part, to the safety standards under the
17 act of July 17, 1961 (P.L.659, No.339), known as the
18 Pennsylvania Bituminous Coal Mine Act, and the grant of
19 authority to the department to approve underground bituminous
20 coal mining activity and equipment.
21 (4) The Pennsylvania Bituminous Coal Mine Act is
22 becoming outdated and lacks an effective mechanism to modify
23 existing standards and to adopt new standards.
24 (5) The Commonwealth must maintain a strong, independent
25 mine safety program.
26 (6) The operators at underground bituminous coal mines,
27 with the assistance of certified miners and mine officials
28 have the primary responsibility to prevent the existence of
29 unsafe and unhealthful conditions at underground bituminous
30 coal mines.
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1 (7) Underground bituminous coal mining is highly
2 specialized, technical and complex and requires frequent
3 review, refinement and improvement of standards to protect
4 the health and safety of miners.
5 (8) The formulation of appropriate rules and practices
6 to improve health and safety and to provide increased
7 protection of miners can be accomplished more effectively by
8 persons who have experience and expertise in underground
9 bituminous coal mining and underground bituminous coal mine
10 health and safety.
11 (9) Mine safety is enhanced through a rigorous program
12 for training and certifying persons to work at mines in this
13 Commonwealth.
14 (10) It is imperative that the department have the
15 capability to coordinate and assist rescue operations in
16 response to accidents at underground bituminous coal mines.
17 (11) It is in the public interest to encourage the
18 underground bituminous coal mining industry to establish,
19 maintain and support mine rescue teams and other emergency
20 response capabilities.
21 (b) Purpose.--It is the purpose of this act to do all of the
22 following:
23 (1) To use the full extent of the Commonwealth's powers
24 to protect the lives, health and safety of miners and others
25 in and about underground bituminous coal mines.
26 (2) To establish and promulgate improved mandatory
27 health and safety standards to protect the health and safety
28 of miners and others in and about underground coal mines in
29 this Commonwealth.
30 (3) To establish a rulemaking process that enables the
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1 expeditious updating of the interim mandatory health and
2 safety standards established under this act and to otherwise
3 protect the health, safety and welfare of miners and others
4 in and about mines.
5 (4) To require that operators at underground bituminous
6 coal mines and every person at every mine comply with these
7 standards.
8 (5) To improve and expand research, development and
9 training programs aimed at preventing underground bituminous
10 coal mine accidents and occupationally caused diseases in the
11 industry.
12 (6) To enable the Commonwealth to respond as necessary
13 and appropriate to accidents and other emergencies at
14 underground bituminous coal mines.
15 Section 104. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Abandoned workings." Excavations, either caved or sealed,
20 that are deserted and in which further mining is not intended.
21 "Accident." An unanticipated event, including any of the
22 following:
23 (1) A death of an individual at a mine.
24 (2) An injury to an individual at a mine, which has a
25 reasonable potential to cause death.
26 (3) An entrapment of an individual at a mine which has a
27 reasonable potential to cause death or serious injury.
28 (4) An unplanned inundation of a mine by a liquid or
29 gas.
30 (5) An unplanned ignition or explosion of gas or dust.
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1 (6) An unplanned mine fire not extinguished within ten
2 minutes of discovery.
3 (7) An unplanned ignition or explosion of a blasting
4 agent or an explosive.
5 (8) An unplanned roof fall at or above the anchorage
6 zone in active workings where roof bolts are in use.
7 (9) An unplanned roof or rib fall in active workings
8 that impairs ventilation or impedes passage.
9 (10) A coal or rock outburst that causes withdrawal of
10 miners or which disrupts regular mining activity for more
11 than one hour.
12 (11) An unstable condition at an impoundment, refuse
13 pile or culm bank, which does any of the following:
14 (i) Requires emergency action in order to prevent
15 failure.
16 (ii) Causes individuals to evacuate an area.
17 (12) Failure of an impoundment, refuse pile or culm
18 bank.
19 (13) Damage to hoisting equipment in a shaft or slope
20 which endangers an individual or which interferes with use of
21 the equipment for more than 30 minutes.
22 (14) An event at a mine which causes death or bodily
23 injury to an individual not at the mine at the time the event
24 occurs.
25 "Active workings." All areas in a mine that are not sealed
26 and which must be ventilated and examined under this act.
27 "Advisory committee." The Technical Advisory Committee on
28 Diesel-Powered Equipment.
29 "Approval." A written document, issued by the Department of
30 Environmental Protection, which states that a technology,
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1 material, machinery, tool, process, plan, device, equipment,
2 facility, method, supply, accessory or other item meets the
3 requirements of this act or of regulations promulgated under
4 this act.
5 "Board." The Board of Coal Mine Safety.
6 "Certified person." An individual who is qualified under the
7 provisions of this act and who holds a certificate from the
8 Department of Environmental Protection to perform a particular
9 duty in connection with the operation at a mine. The term
10 includes all of the following:
11 (1) Mine foreman.
12 (2) Assistant mine foreman.
13 (3) Mine examiner.
14 (4) Mine electrician.
15 (5) Machine runner.
16 (6) Shot-firer.
17 (7) Miner.
18 "Check survey." The term shall have the same meaning as
19 closed-loop survey.
20 "Closed-loop survey." The method of establishing the
21 accuracy of a mine survey by conducting a loop traverse to the
22 point of beginning or to a known point of another closed-loop
23 survey. The term does not include a double angle, double
24 distance survey unless that method is used to complete a closed-
25 loop survey.
26 "Coal-producing shift." A shift primarily intended for coal
27 production rather than for purposes of construction, maintenance
28 and housekeeping even though some coal production may be
29 incident to such purposes.
30 "Department." The Department of Environmental Protection of
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1 the Commonwealth.
2 "DPEP." Diesel-powered equipment package.
3 "Face." The solid coal at the inby end of a working place.
4 "Inactive workings." All portions of a mine in which
5 operations have been suspended for an indefinite period, but
6 have not been abandoned.
7 "Interim mandatory safety standards." The safety standards
8 under Chapters 2 and 3.
9 "Lateral and face take-ups." The individual measurements
10 left and right of the entry center line used to depict the
11 physical location of the coal ribs and pillars.
12 "Lost-time injury." When an individual is unable to report
13 for work at the individual's regularly scheduled job on the
14 individual's next regularly scheduled work shift due to a work-
15 related injury.
16 "Mine." The shafts, slopes or drifts of an underground
17 bituminous coal mine, either under construction, in use or
18 abandoned, connected with excavations penetrating or intended to
19 penetrate coal stratum or strata, which excavations are or were
20 ventilated by air currents and connected by a method of
21 transportation over which coal may be or was delivered to one or
22 more points outside the mine. The term shall not include any
23 surface coal mine.
24 "Mine examiner." An individual designated by the mine
25 foreman or superintendent to examine a mine for gas and other
26 dangers. The term shall include the title "fire boss."
27 "Mine foreman." An individual appointed by an operator or
28 superintendent to be in charge of all of the following:
29 (1) The inside workings of a mine.
30 (2) An individual in a mine.
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1 (3) A visitor to the inside of a mine, except for
2 Federal and State Government representatives.
3 "Mine official." Any of the following:
4 (1) Superintendent.
5 (2) Mine foreman.
6 (3) Assistant mine foreman.
7 (4) Mine examiner.
8 (5) Mine electrician.
9 "Miner." An individual who is certified by the Department of
10 Environmental Protection to work in an underground mine.
11 "MSHA." The Mine Safety and Health Administration within the
12 United States Department of Labor.
13 "NIOSH." The National Institute for Occupational Safety and
14 Health within the United States Department of Health and Human
15 Services.
16 "Operator." An owner, lessee or other person who operates,
17 controls or supervises a coal mine.
18 "Permissible explosives." Explosives approved for use in
19 mines by the Mine Safety and Health Administration, the National
20 Institute for Occupational Safety and Health or their
21 predecessor agencies, notwithstanding the date of the approval.
22 "Permit boundary." The limits of the mine as established by
23 the coal mine activity permit issued under the act of April 27,
24 1966 (1st Sp. Sess., P.L.31, No.1), known as The Bituminous Mine
25 Subsidence and Land Conservation Act.
26 "Person." Any individual, partnership, association,
27 corporation, firm, subsidiary of a corporation or other
28 organization.
29 "Pointer spads." Additional spads set in the roof to
30 indicate the line of direction or bearing for future
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1 excavations. Pointer spads may or may not be referenced in the
2 field notes. Pointer spads are not considered a permanent record
3 because they only indicate direction.
4 "Representative of the miners." Any person or organization
5 which represents two or more miners at a coal mine for the
6 purpose of this act.
7 "Return air." Air that has ventilated the last working place
8 on any split of any working section or any worked-out area
9 whether pillared or nonpillared. The term shall include all of
10 the following:
11 (1) Air that mixes with air that has ventilated the last
12 working place on any split of any working section or any
13 worked-out area, whether pillared or nonpillared.
14 (2) Any air that has passed or ventilated seal areas.
15 "Secretary." The Secretary of Environmental Protection of
16 the Commonwealth or the designee of the secretary.
17 "Shaft." A vertical opening through the strata that is or
18 may be used for the purpose of ventilation or drainage or for
19 hoisting men or material, or both, in connection with the mining
20 of coal or for other purposes related to mining.
21 "Slope and drift." An incline or opening used for the same
22 purpose as a shaft.
23 "Spad." A flat spike, firmly anchored in a hole drilled into
24 the mine ceiling from which is threaded a plumbline.
25 "Superintendent." An individual appointed by an operator to
26 manage a mine.
27 "Survey line." A representation of the line of survey from
28 survey station spad to survey station spad as shown on the
29 official mine map.
30 "Survey station spad." A permanent spad set in the roof that
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1 has a unique identification number or designation.
2 "Underground bituminous coal mine." A mine and the surface
3 facilities that are physically connected to a mine, including
4 preparation plants and loadouts at a mine, in this Commonwealth
5 and not included in anthracite boundaries.
6 "Ventilation apparatus." All equipment, materials and
7 devices used to establish, provide or support movement of air
8 through a mine.
9 "Work area." Any place at a mine where work is being
10 performed. The term shall not include areas where individuals
11 are making examinations required under this act.
12 "Working place." The area in a mine from the last open
13 crosscut to and including the face.
14 "Working section." The area in a mine from the face
15 extending back 1,000 feet.
16 "Year of experience." For the purposes of issuing
17 certifications under this act, the term shall mean working 240
18 eight-hour days or the hourly equivalent within a 12-month
19 period beginning with the first day of employment in a mine.
20 Section 105. Powers and duties of department.
21 The department shall have the power and duty to administer a
22 mine safety program for persons employed at mines. The
23 department has the power and duty to do all of the following:
24 (1) Make inspections of public or private property as
25 are necessary or useful in determining compliance with the
26 provisions of this act, the rules and regulations promulgated
27 under this act and any order, approval or permit issued by
28 the department. The inspections may include examining or
29 copying any documents required by this act.
30 (2) Conduct investigations and interviews of persons at
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1 a mine or elsewhere.
2 (3) Issue orders to implement the provisions and
3 effectuate the purposes of this act.
4 (4) Institute proceedings and actions to implement the
5 provisions and effectuate the purposes of this act, including
6 suits seeking equitable relief or declaratory judgments and
7 suits to recover costs incurred by the department.
8 (5) Institute prosecutions against the operator or his
9 agent for a violation of any provision of this act.
10 (6) Determine whether a person is qualified to carry out
11 a particular function or duty at a mine and to issue
12 appropriate certification.
13 (7) Disqualify any person whose conduct poses a threat
14 to the health and safety of those who work at mines or who
15 interfere with the safe operation of any mine.
16 (8) Review and take appropriate action concerning safety
17 of miners and persons in and about mines on all permit
18 applications submitted to the department.
19 (9) Receive and act upon complaints.
20 (10) Conduct, review and, if funds are allocated for
21 such purposes, commission scientific and other research
22 directed to the purposes of this act.
23 (11) Approve electrical equipment, machinery, materials,
24 methods and plans to be used at mines in this Commonwealth.
25 (12) Approve, on a mine-specific basis, the use of new
26 technology, methods, materials, machinery, equipment,
27 systems, tools, devices, processes and plans different from
28 those required or authorized under the provisions of this act
29 or the regulations promulgated under this act. The department
30 may only make approvals where doing so would meet or exceed
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1 the protections afforded under this act or the regulations
2 promulgated under this act. Approvals under this section
3 shall have no precedent effect. All approvals in effect as of
4 the effective date of this section shall remain in effect
5 unless suspended, modified or revoked by the department.
6 (13) Respond to coordinate and assist responses to mine
7 accidents and other emergencies.
8 (14) Establish an abandoned mine map repository.
9 (15) Serve as the agency of the Commonwealth for the
10 receipt of funds from the Federal Government or other public
11 agencies and expend the funds for studies and research with
12 respect to and for the enforcement and administration of the
13 purposes and provisions of this act and the regulations
14 promulgated under this act.
15 (16) Assess civil penalties.
16 (17) Encourage and promote industry-based mine rescue
17 capabilities.
18 (18) Provide training for department personnel and
19 individuals who work in or who wish to work in the mining
20 industry.
21 (19) Administer, deposit and expend funds from the Mine
22 Safety Fund.
23 (20) Prepare and distribute to operators a mine
24 operator's questionnaire form.
25 (21) Perform any act not inconsistent with any provision
26 of this act, which it may deem necessary or proper for the
27 effective administration or enforcement of this act and the
28 rules or regulations promulgated under this act.
29 Section 106. Board of Coal Mine Safety.
30 (a) Establishment.--The Board of Coal Mine Safety is
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1 established and shall develop all of the following for
2 recommendation to the department:
3 (1) Amendments that form the basis of the interim
4 mandatory safety standards.
5 (2) Additional rules with respect to mine safety if the
6 board determines that existing Federal and State regulations
7 do not adequately address a specific hazard.
8 (3) Other rules and regulations as specifically
9 authorized under this act.
10 (b) Composition.--The board shall consist of the secretary,
11 who shall be the chairperson, and the following members
12 appointed by the Governor:
13 (1) Three members who represent the viewpoint of the
14 coal mine operators in this Commonwealth.
15 (2) Three members who represent the viewpoint of the
16 working miners in this Commonwealth.
17 (c) Terms.--All appointments shall be subject to the
18 following:
19 (1) The initial appointments after the effective date of
20 this section shall have staggered terms so that, for each
21 group of appointments under subsection (b), one member shall
22 serve a term of one year, one member shall serve a term of
23 two years and one member shall serve a term of three years.
24 All subsequent appointments shall be for terms of three
25 years.
26 (2) Members shall be eligible for reappointment.
27 (d) Representation.--For the initial appointments after the
28 effective date of this section, the following shall apply:
29 (1) The members appointed under subsection (b)(1) shall
30 be selected from a list containing six nominees submitted by
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1 the major trade association representing coal mine operators
2 in this Commonwealth.
3 (2) The members appointed under subsection (b)(2) shall
4 be selected from a list containing six nominees submitted by
5 the highest-ranking official within the major labor
6 organization representing coal miners in this Commonwealth.
7 (e) Vacancies.--The following shall apply to vacancies on
8 the board:
9 (1) The members appointed under subsection (b)(1) shall
10 be selected from a list containing three nominees submitted
11 by the major trade association representing coal mine
12 operators in this Commonwealth.
13 (2) The members appointed under subsection (b)(2) shall
14 be selected from a list containing three nominees submitted
15 by the highest-ranking official within the major labor
16 organization representing coal miners in this Commonwealth.
17 (f) Employment.--Members of the board may continue in
18 employment in the coal industry while serving on the board.
19 (g) Service.--Members shall serve at the pleasure of the
20 Governor.
21 (h) Compensation.--Members of the board shall be compensated
22 at the appropriate per diem rate based on the prevailing formula
23 administered by the Commonwealth, but not less than $150 per
24 day, plus reasonable expenses incurred while performing their
25 official duties. The compensation shall be adjusted annually by
26 the department to account for inflation based on the Consumer
27 Price Index published by the United States Department of Labor.
28 An individual board member may waive his or her right to all or
29 part of the compensation.
30 (i) Meetings.--The board shall meet within 180 days of the
20080S0949B1675 - 22 -
1 effective date of this section for, at a minimum, organizational
2 purposes. Members of the board shall meet at least twice during
3 each calendar year or more often as may be necessary.
4 (j) Access.--In performing its functions, the board shall
5 have access to the services of the department. The department
6 shall make clerical support and assistance available to enable
7 the board to carry out its duties.
8 (k) Funding.--Funding for the operation of the board and
9 implementation of the provisions of this chapter shall be
10 derived from the general government appropriation of the
11 department.
12 (l) Nominations.--If a vacancy on the board occurs,
13 nominations and appointments shall be made in the following
14 manner:
15 (1) In the case of an appointment to fill a vacancy,
16 nomination of a person for each vacancy shall be requested by
17 and submitted to the Governor within 30 days after the
18 vacancy occurs by the major trade association or major labor
19 organization which nominated the person whose seat on the
20 board is vacant.
21 (2) The vacancy shall be filled by the Governor within
22 30 days of his or her receipt of the nomination.
23 (m) Quorum.--A quorum of the board shall consist of five
24 members. Actions of the board must be approved by an affirmative
25 vote of at least five members.
26 Section 106.1. Rulemaking.
27 (a) Authority.--The board shall have the authority to
28 promulgate regulations that are necessary or appropriate to
29 implement the requirements of this act and to protect the
30 health, safety and welfare of miners and other persons in and
20080S0949B1675 - 23 -
1 about mines.
2 (b) Consideration.--The board shall consider promulgating as
3 regulations any Federal mine safety standards that are either:
4 (1) Existing as of the effective date of this section
5 and that are not included in interim mandatory safety
6 standards.
7 (2) New standards, except for standards concerning
8 diesel equipment, promulgated after the effective date of
9 this section.
10 (c) Regulations.--Within 250 days of the effective date of
11 this section, the board shall begin to consider the standards
12 under subsection (b)(1) for promulgation as regulations. If
13 final regulations are not promulgated by the board within three
14 years of the effective date of this section, the secretary may
15 promulgate final regulations consistent with Federal standards.
16 (d) New standards.--Within 70 days of the effective date of
17 new mine safety standards under subsection (b)(2), the board
18 shall begin to consider standards for promulgation as
19 regulations. If the regulations are not promulgated as final by
20 the board within three years of the effective date of the
21 promulgation of the new standards, the secretary may promulgate
22 final regulations consistent with Federal standards.
23 (e) Justification for regulations.--Regulations shall be
24 based upon consideration of the latest scientific data in the
25 field, the technical feasibility of standards, experience gained
26 under this and other safety statutes, information submitted to
27 the board in writing by any interested person or the
28 recommendation of any member of the board, if the board
29 determines that a regulation should be developed in order to
30 serve the objectives of this act.
20080S0949B1675 - 24 -
1 (f) Topic.--Without limiting the scope of the board's
2 authority under this section, regulations may address any of the
3 following:
4 (1) Revisions to an interim mandatory safety standard to
5 address a new technology or method of mining.
6 (2) Hazards not addressed by existing safety standards.
7 (3) The identification of positions not listed under
8 this act requiring a certificate of qualification.
9 (4) The establishment of fees for services in amounts
10 sufficient to cover the department's costs of administering
11 this act. The fees established by the board may be increased
12 each year after implementation by the percentage, if any, by
13 which the Consumer Price Index for the most recent calendar
14 year exceeds the Consumer Price Index for the calendar year
15 1989. For the purposes of this paragraph, the Consumer Price
16 Index for any calendar year shall mean the average of the
17 Consumer Price Index for All Urban Consumers, published by
18 the United States Department of Labor, as of the close of the
19 12-month period ending on August 31 of each calendar year.
20 (g) Safety.--No regulation promulgated by the board shall
21 reduce or compromise the level of safety or protection afforded
22 mine workers under this act. The secretary may disapprove a
23 notice of a proposed regulation or a final regulation approved
24 by the board which the secretary determines would reduce or
25 compromise the level of safety or protection afforded mine
26 workers under this act if the secretary describes the basis for
27 the disapproval.
28 (h) MINER Act.--With regard to the adoption of Federal
29 standards established pursuant to the Mine Improvement and New
30 Emergency Response Act of 2006 (Public Law 109-236, 120 Stat.
20080S0949B1675 - 25 -
1 493), the following shall apply:
2 (1) The board is specifically authorized to promulgate
3 regulations that the board deems appropriate, including
4 accelerated compliance schedules and additional requirements.
5 (2) The board shall consider promulgating regulations
6 regarding flammability standards for conveyor belts.
7 (3) If MSHA fails to promulgate regulations regarding
8 emergency shelters and chambers, the board shall promulgate
9 regulations.
10 (4) Regulations shall be no less stringent than the
11 Federal mine safety standards
12 (i) Action.--The board shall take action on the tests and
13 evaluations performed by the mining industry under section
14 334(b) and (c).
15 (j) Fees.--The department may set reasonable interim fees
16 pending adoption of fee regulations under this section.
17 Section 106.2. Emergency shelters and chambers.
18 The board's emergency shelter or chamber regulations shall
19 accomplish all of the following:
20 (1) Provide a minimum of 48 hours of life support,
21 including air, water, emergency medical supplies and food,
22 for the maximum number of miners reasonably expected to be on
23 the working section.
24 (2) Be capable of surviving an initial event with a peak
25 over pressure of 15 psi for three seconds and a flash fire,
26 as defined by National Fire Protection Association standard
27 NFPA-2113, of 300 degrees Fahrenheit for three seconds.
28 (3) Be constructed in a manner that the emergency
29 shelter or chamber will be protected under normal handling
30 and pre-event mine conditions.
20080S0949B1675 - 26 -
1 (4) Provide for rapidly establishing and maintaining an
2 internal shelter atmosphere of oxygen above 19.5%, carbon
3 dioxide below 0.5%.
4 (5) Provide for carbon monoxide below 50 ppm and an
5 apparent-temperature of 95 degrees Fahrenheit.
6 (6) Provide the ability to monitor carbon monoxide and
7 oxygen inside and outside the shelter or chamber.
8 (7) Provide a means for entry and exit that maintains
9 the integrity of the internal atmosphere.
10 (8) Provide a means for MSHA-certified intrinsically
11 safe power if power is required.
12 (9) Provide a minimum of eight quarts of water per
13 miner.
14 (10) Provide a minimum of 4,000 calories of food per
15 miner.
16 (11) Provide a means for disposal of human waste to the
17 outside of the shelter or chamber.
18 (12) Provide a first aid kit.
19 (13) Have provisions for inspection of the shelter or
20 chamber and its contents.
21 (14) Contain manufacturer-recommended repair materials.
22 (15) Provide a battery-powered, occupant-activated
23 strobe light, of a model approved by the board, that is
24 visible from the outside indicating occupancy.
25 (16) Provide provisions for communication to the
26 surface.
27 (17) Provide proof of current approval for all items and
28 materials subject to approval.
29 Section 106.3. Notice to operators and miners.
30 The department shall send a copy in writing or electronically
20080S0949B1675 - 27 -
1 of every proposed regulation and final regulation, at the time
2 of publication in the Pennsylvania Bulletin, to the operator of
3 each coal mine and the representative of the miners at the mine,
4 and the copy shall be immediately posted on the bulletin board
5 of the mine by the operator or his or her agent. Failure to
6 receive the notice shall not invalidate the final regulation or
7 relieve anyone of the obligation to comply with final
8 regulation.
9 Section 106.4. Standards for surface facilities.
10 The department shall use the applicable standards contained
11 in 30 CFR Part 77 (relating to mandatory safety standards,
12 surface coal mines and surface work areas of underground coal
13 mines) regarding the sinking of shafts and slopes and surface
14 facilities that are part of mines, pending promulgation of
15 regulations by the board regarding those activities and
16 facilities.
17 Section 107. Safety issues.
18 The department shall consider the safety of miners in
19 reviewing and acting on applications for permits issued to and
20 for mines and shall include conditions addressing safety in
21 issuing the permits. If the department determines that any
22 aspect of the contemplated activity at an existing or proposed
23 mine might constitute a threat to the health and safety of
24 miners or persons in and about mines, the department shall
25 require the applicant or operator to eliminate the threat. If
26 the applicant or operator does not eliminate the threat to the
27 department's satisfaction, the department shall deny the
28 application or applications or shall unilaterally modify the
29 terms of the permit or suspend or revoke the permit.
30 Section 108. Inspections.
20080S0949B1675 - 28 -
1 The department shall make frequent inspections of mines. Each
2 mine shall be inspected at least semiannually for electrical
3 purposes and at least quarterly for general purposes.
4 Inspections shall be conducted more frequently when the
5 department determines that more frequent inspections are
6 necessary or desirable. Inspections shall be conducted for the
7 purposes of:
8 (1) Obtaining, utilizing and disseminating information
9 relating to health and safety conditions, the causes of
10 accidents and the causes of diseases and physical impairments
11 originating in mines.
12 (2) Gathering information with respect to health or
13 safety standards established or regulations promulgated under
14 this act.
15 (3) Determining whether a danger exists.
16 (4) Determining whether the mine is in compliance with
17 the provisions of this act, the mine safety regulations and
18 any citation, order, permit or decision issued by the
19 department under this act.
20 Section 109. Accidents.
21 (a) Duties of operator.--In the event of an accident
22 occurring at a mine, an operator shall do all of the following:
23 (1) Notify the department no later than 15 minutes of
24 discovery of the accident.
25 (2) Take appropriate measures to prevent the destruction
26 of evidence which would assist in investigating the cause of
27 the accident. Unless granted permission by the department, no
28 operator may alter an accident site or an accident-related
29 area until completion of all investigations pertaining to the
30 accident, except to rescue any individual and prevent
20080S0949B1675 - 29 -
1 destruction of mine equipment.
2 (3) Obtain the approval of the department for any plan
3 to recover any person in the mine, to recover the coal mine
4 or to return the affected areas of the mine to normal
5 operations.
6 (4) Conduct its own investigation of the accident and
7 develop a written report of the investigation. The report
8 shall include all of the following:
9 (i) The date and hour of the accident.
10 (ii) The date the investigation began.
11 (iii) The names of the individuals participating in
12 the investigation.
13 (iv) A description of the accident site.
14 (v) An explanation of the accident or injury,
15 including a description of any equipment involved and
16 relevant events before and after the accident.
17 (vi) An explanation of the cause of the accident.
18 (vii) An explanation of the cause of any injury
19 sustained due to the accident.
20 (viii) The name, occupation and experience of any
21 miner involved in the accident.
22 (ix) A sketch depicting the accident, including
23 dimensions where pertinent.
24 (x) A description of steps taken to prevent a
25 similar accident in the future.
26 (b) Duties of department.--In the event of an accident
27 occurring at a mine, the department shall do all of the
28 following:
29 (1) Take whatever action it deems appropriate, including
30 the issuance of orders, to protect the life, health or safety
20080S0949B1675 - 30 -
1 of any person, including coordinating and assisting rescue
2 and recovery activities in the mine.
3 (2) Promptly decide whether to conduct an investigation
4 of the accident and inform the operator and the miners'
5 representative of its decision.
6 (c) Report.--Each operator shall report to the department
7 each accident and lost-time injury.
8 (1) The operator shall report within ten working days of
9 the accident or lost-time injury. An operator may meet the
10 requirements of this paragraph by submitting a copy of the
11 MSHA Mine Accident, Injury and Illness Report Form 7000-1
12 required by 30 CFR § 50.20 (relating to preparation and
13 submission of MSHA Report Form 7000-1--Mine Accident, Injury,
14 and Illness Report) in use on the date of the accident.
15 (2) Each accident and lost-time injury shall be reported
16 on a separate form. If more than one miner is injured in the
17 same accident, the operator shall submit a separate form for
18 each miner affected.
19 Section 110. Mine officials' certification.
20 (a) Administration.--After evaluating the examinations, the
21 department shall issue certificates to those candidates who have
22 met the established criteria for each certification category.
23 (b) Committee.--
24 (1) The department shall appoint a committee to annually
25 review and update the department's database of examination
26 questions and answers. The committee shall be made up of an
27 equal number of persons representing the viewpoints of the
28 department, operators and miners.
29 (2) Members of the committee shall be compensated in the
30 same manner as members of the board under section 106(h). An
20080S0949B1675 - 31 -
1 individual committee member may waive his or her right to all
2 or part of the compensation under this paragraph.
3 (3) Members of the committee shall, after the committee
4 has been duly organized, take and subscribe the following
5 oath before an officer authorized to administer oaths:
6 We, the undersigned, do solemnly swear that we will
7 perform the duties of members of this committee, and we
8 will not divulge or make known to any person any question
9 prepared for the mine officials, or in any manner assist
10 any applicant to pass the examination.
11 (c) Confidential records.--Records pertaining to
12 certification examinations shall not constitute a public record
13 under the act of June 21, 1957 (P.L.390, No.212), referred to as
14 the Right-to-Know Law.
15 Section 111. Classification of mines as gassy.
16 Notwithstanding any other provision of law, the distinction
17 between gassy and nongassy mines is eliminated, and all
18 underground bituminous mines shall comply with the requirements
19 for gassy mines.
20 Section 112. Reports.
21 (a) Questionnaire.--The operator of an underground mine
22 shall submit to the department a completed or revised deep mine
23 questionnaire in the following instances:
24 (1) Prior to the commencement of any work for the
25 purpose of opening of a new underground mine or reopening an
26 underground mine that has closed.
27 (2) Upon change of the information reflected on the most
28 recently submitted operator's questionnaire.
29 (a.1) Notice.--Upon discontinuance of the operation of an
30 underground mine, the operator shall immediately notify the
20080S0949B1675 - 32 -
1 department.
2 (b) Quarterly reports.--
3 (1) Each operator of an active mine shall submit
4 quarterly reports within 15 days after the end of each
5 quarter. The report shall contain information reflecting the
6 activities of the previous quarter and shall include all of
7 the following:
8 (i) The name and address of the mine.
9 (ii) Identification of the mine superintendent and
10 mine foreman.
11 (iii) The employment, employee hours and coal
12 production statistics for the mine.
13 (iv) A detailed description of the reportable
14 injuries or accidents that occurred at the mine.
15 (2) An operator may meet the requirements of paragraph
16 (1) by submitting a copy of the MSHA Quarterly Employment and
17 Coal Production Report in use on the date of the quarterly
18 report.
19 (c) Corrections.--By February 15 of each year, an operator
20 must submit any corrections to the quarterly reports submitted
21 during the prior year and must certify the accuracy of the
22 corrected quarterly reports.
23 (d) Additional duties.--In addition to any records required
24 under this act, a mine operator shall establish and maintain
25 records, make reports and provide information as the department
26 may require from time to time. The department is authorized to
27 compile, analyze and publish, either in summary or detail form,
28 the reports or information obtained. All records, information,
29 reports, findings, notices, orders or decisions required or
30 issued pursuant to or under this act may be published from time
20080S0949B1675 - 33 -
1 to time, may be released to any interested person and shall
2 constitute a public record under the act of June 21, 1957
3 (P.L.390, No.212), referred to as the Right-to-Know Law.
4 (e) Copies.--An operator of a mine shall maintain a copy of
5 the reports required by this section at the mine office closest
6 to the mine for a period of not less than five years after
7 submission of the reports.
8 Section 113. Mine rescue program.
9 (a) Establishment.--The department is authorized to
10 establish and administer a mine rescue program for mines not
11 able to provide a mine rescue crew for themselves. The
12 department shall establish a program to do the following:
13 (1) Instruct mine employees how to care for persons
14 injured in and about the mines.
15 (2) Train mine employees who may voluntarily seek
16 training in the use of self-contained breathing apparatus,
17 gas masks, first aid to the injured and other things or
18 practices essential to the safe and efficient conduct of the
19 work of first aid and mine rescue.
20 (b) Equipment.--The department shall purchase and maintain
21 adequate quantities of emergency response vehicles, specialized
22 equipment, supplies and services necessary to assure rapid and
23 effective response to mine emergencies, including mine fires,
24 mine explosions, mine inundations, entrapments and mine recovery
25 operations.
26 (c) Contracts.--In the event of an emergency response, the
27 department may use the emergency contracting provisions of 62
28 Pa.C.S. § 516 (relating to emergency procurement) to lease
29 additional services or equipment as is needed to respond to a
30 mine emergency. The department, with the consent of the
20080S0949B1675 - 34 -
1 Governor, may use funds available to the Commonwealth for the
2 purpose of responding to a mine emergency.
3 Section 114. Direction of mine rescue work.
4 The department shall coordinate and assist in all responses
5 to a mine emergency conducted in this Commonwealth. The extent
6 of coordination and assistance shall depend on the nature of the
7 mine emergency and the operator's ability to respond to the mine
8 emergency. This authority shall include directing responses to
9 mine emergencies and assigning mine rescue crews and mine rescue
10 and recovery work to mine inspectors or other qualified
11 employees of the department.
12 Section 115. Recovery of funds.
13 The department is authorized to seek from an operator
14 reimbursement of funds expended by the department to rent
15 equipment and obtain services in responding to a mine emergency.
16 Section 116. Mine Safety Fund.
17 There is created a special fund known as the Mine Safety
18 Fund. All funds received by the department from fees, including
19 those from fines and certificates of qualification, all civil
20 penalties collected under this act and all funds recovered from
21 operators for expenses incurred in responding to a mine
22 emergency shall be deposited by the State Treasurer into the
23 Mine Safety Fund and shall be used by the department for mine
24 safety activities.
25 Section 117. Bituminous mine inspector.
26 Notwithstanding the act of August 5, 1941 (P.L.752, No.286),
27 known as the Civil Service Act, in order to become eligible for
28 employment as a bituminous mine inspector, a person must, at a
29 minimum, meet the following qualifications:
30 (1) Be a resident of this Commonwealth.
20080S0949B1675 - 35 -
1 (2) Be a person of good moral character and known
2 temperate habits.
3 (3) Be physically capable of entering and inspecting a
4 coal mine.
5 (4) Have at least a high school diploma.
6 (5) Be at least 31 years of age.
7 (6) Have had at least ten years' experience in an
8 underground bituminous coal mine.
9 (7) Hold a current, valid certificate as a bituminous
10 mine foreman, assistant mine foreman or mine examiner.
11 (8) Pass, with at least a score of 90%, the mine
12 inspector's examination as conducted by the State Civil
13 Service Commission in accordance with the Civil Service Act.
14 Section 118. Bituminous mine electrical inspector.
15 Notwithstanding the act of August 5, 1941 (P.L.752, No.286),
16 known as the Civil Service Act, in order to become eligible for
17 employment as a bituminous mine electrical inspector, a person
18 must meet at least the following qualifications:
19 (1) Be a resident of this Commonwealth.
20 (2) Be a person of good moral character and known
21 temperate habits.
22 (3) Be physically capable of entering and inspecting a
23 coal mine.
24 (4) Have at least a high school diploma.
25 (5) Be at least 30 years of age.
26 (6) Have had at least ten years' experience in an
27 underground bituminous coal mine.
28 (7) Hold a current, valid certificate as a bituminous
29 mine electrician.
30 (8) Pass, with at least a score of 90%, the mine
20080S0949B1675 - 36 -
1 electrical inspector's examination as conducted by the State
2 Civil Service Commission in accordance with the Civil Service
3 Act.
4 Section 119. Availability of mine maps.
5 (a) Authorization.--The department is authorized and
6 directed to obtain and copy all maps of mining conducted in this
7 Commonwealth.
8 (b) Inspection and copying.--Any person who has possession
9 of a mine map shall make the map available to the department for
10 inspection and copying. The map shall be returned to its owner
11 within 30 days.
12 (c) Liability.--No person shall, solely on the basis of
13 supplying a mine map to the department, be attributed or
14 divested of liability.
15 Section 120. Mine map repository.
16 The department shall develop and maintain a repository of all
17 mine maps it has obtained or has had an opportunity to copy. The
18 department shall organize and catalog the mine maps in the
19 repository to enable the department, other government agencies,
20 mine operators and the general public to review the mine maps
21 and to determine the location of mine workings. All mine maps
22 and copies of mine maps held by the department shall be open for
23 public inspection and made available for review upon request
24 during the department's normal business hours.
25 Section 121. Applicability.
26 The provisions of Chapters 2 and 3 shall not apply to the
27 construction of shafts and slopes.
28 CHAPTER 2
29 GENERAL REQUIREMENTS FOR UNDERGROUND BITUMINOUS MINES
30 Section 201. General safety requirements.
20080S0949B1675 - 37 -
1 The following are general safety requirements:
2 (1) All work must be performed in a safe manner.
3 (2) All equipment must be maintained in safe operating
4 condition.
5 (3) No person shall be employed as a mine foreman,
6 assistant mine foreman, mine examiner, mine electrician,
7 mining machine operator, shot-firer or miner unless that
8 person holds a current, valid certification from the
9 department to work in that capacity. A person who holds a
10 current, valid certification to be a mine foreman may also
11 work as an assistant mine foreman or mine examiner. Only a
12 mine official shall direct the work force in matters
13 involving the safety of employees. A person who holds a
14 current, valid certification as an assistant mine foreman may
15 also work as a mine examiner.
16 (4) It shall be the duty of the operator and all mine
17 officials to comply with and see that others comply with the
18 provisions of this act, the regulations promulgated pursuant
19 to this act, all orders and approvals and the safety
20 conditions in permits issued to the mine. It shall also be
21 the duty of the operator and all mine officials to cooperate
22 with the department in implementing the provisions of this
23 act and effectuating the purposes of this act.
24 (5) The operator and all mine officials shall comply
25 with and follow all mining plans, approvals and orders issued
26 by the department, rules and regulations of the operator, all
27 provisions of law that are in harmony with this act and all
28 other applicable laws. The operator is responsible for
29 assuring that all activities in and around the mine,
30 including those conducted by contractors, are conducted in
20080S0949B1675 - 38 -
1 compliance with this act, regulations promulgated under this
2 act, approvals and orders issued by the department and any
3 safety conditions included in permits.
4 (6) During coal production, an assistant mine foreman
5 shall be assigned to only one working section. The assistant
6 mine foreman shall supervise persons engaged in the coal-
7 cutting operation. The assistant mine foreman may perform
8 additional duties provided that he spends a majority of his
9 time supervising persons engaged in the coal-cutting
10 operation.
11 (7) Every superintendent, mine foreman, assistant mine
12 foreman, mine electrician and mine examiner shall represent
13 the Commonwealth in the mine in which he or she is employed
14 and shall be deemed an officer of the Commonwealth in
15 enforcing the provisions of this act and performing his or
16 her duties under this act. He or she shall perform these
17 duties during such times as the mine is in operation and at
18 such other times as the department deems to be necessary or
19 appropriate to make the mine safe and to protect the health
20 and safety of those who work in and around the mine.
21 Section 202. Qualifications for certification.
22 (a) General requirements.--
23 (1) Except as set forth under paragraph (2), in order to
24 be eligible to sit for a certification examination, the
25 following shall apply:
26 (i) An applicant must demonstrate the following
27 levels of work experience in an underground bituminous
28 coal mine:
29 (A) Mine foreman or mine electrician, five
30 years.
20080S0949B1675 - 39 -
1 (B) Assistant mine foreman, four years.
2 (C) Mine examiner, three years.
3 (ii) For each certification category in subparagraph
4 (i), a minimum of two years' experience must have been in
5 a working section.
6 (2) If an applicant holds a bachelor's degree in mining
7 engineering or an associate degree in mining technology from
8 a recognized institution of higher education in the case of a
9 mine foreman, assistant mine foreman or mine examiner, or a
10 bachelor's degree in electrical engineering or an associate
11 degree in electrical technology from a recognized institution
12 of higher learning in the case of a mine electrician, in
13 order to be eligible to sit for a certification examination,
14 the following shall apply:
15 (i) An applicant must demonstrate the following
16 levels of work experience in an underground bituminous
17 coal mine:
18 (A) Mine foreman or mine electrician, four
19 years.
20 (B) Assistant mine foreman, three years.
21 (C) Mine examiner, two years.
22 (ii) For each certification category in subparagraph
23 (i), a minimum of one year's experience must have been in
24 a working section.
25 (b) Additional requirements.--The following additional
26 requirements shall apply:
27 (1) All applicants shall be able to read and write the
28 English language intelligently, and shall furnish the
29 department with certificates as to their character and
30 temperate habits, and a notarized statement from previous
20080S0949B1675 - 40 -
1 employers setting forth the length of service and type of
2 work performed in the different mines.
3 (2) Certificates of qualification as mine foremen shall
4 be granted to persons who have given to the department
5 satisfactory evidence of their ability to perform the duties
6 of mine foreman and who have received training by persons
7 approved by the department in determining the presence of
8 explosive and noxious gases, and in the use and mechanics of
9 all gas detection devices, and who have received an average
10 of at least 80% in the examination.
11 (3) Certificates of qualification as assistant mine
12 foremen shall be granted to persons who have given to the
13 department satisfactory evidence of their ability to perform
14 the duties of assistant mine foreman and who have received
15 training by persons approved by the department in determining
16 the presence of explosive and noxious gases, and in the use
17 and mechanics of all gas detection devices, and who have
18 received an average of at least 70% in the examination.
19 (4) Certificates of qualification as mine examiners
20 shall be granted to persons who have given to the department
21 satisfactory evidence of their ability to perform the duties
22 of mine examiners and who have received training by persons
23 approved by the department in determining the presence of
24 explosive and noxious gases, and in the use and mechanics of
25 all gas detection devices, and who have received an average
26 of at least 75% in the mine examiners examination.
27 (5) Certificates of qualification as mine electrician
28 shall be granted to persons who have given to the department
29 satisfactory evidence of their ability to perform the duties
30 of mine electrician and received training by persons approved
20080S0949B1675 - 41 -
1 by the department in determining the presence of explosive
2 and noxious gases, and in the use and mechanics of all gas
3 detection devices, and who have received an average of 75% in
4 the mine electrician's examination.
5 (6) Certificates of qualification or service granted
6 prior to the effective date of this act shall have equal
7 value with certificates of qualification granted under this
8 act.
9 (7) All applicants who have satisfactorily passed
10 examinations, after being certified but before assuming their
11 duties as mine foremen, mine electricians, assistant mine
12 foremen or mine examiners, shall accompany a certified mine
13 foreman or certified assistant mine foreman for not less than
14 two weeks for training purposes in accordance with a training
15 program submitted by the operator and approved by the
16 department. Any applicant who has been granted a prior mine
17 official certificate need not undergo this training. The
18 record of such training shall be maintained at the mine.
19 Section 203. Emergency use of mine examiner as assistant mine
20 foreman.
21 The mine foreman may appoint a mine examiner who is willing
22 to act as assistant mine foreman for not more than one month if
23 all of the following apply:
24 (1) There is an emergency. As used in this paragraph,
25 the term "emergency" means a condition which could not have
26 been foreseen and requires immediate action.
27 (2) There is no assistant mine foreman available in the
28 mine who is willing to act as assistant mine foreman.
29 (3) A mine foreman may act as an assistant mine foreman,
30 a mine examiner or a miner. An assistant mine foreman may act
20080S0949B1675 - 42 -
1 as a mine examiner or a miner. A mine examiner may act as a
2 miner.
3 (4) Foreman trainees, where used, shall not direct the
4 work force in matters involving directly or indirectly the
5 safety of employees nor make tests or examinations required
6 to be made by mine officials.
7 Section 204. Certification of miners.
8 No person shall be employed or engaged as a miner in any
9 bituminous coal mine in this Commonwealth without first having
10 obtained a certificate of competency and qualification, except
11 that any miner holding such certificate may have a maximum of
12 two persons working for him and under his direction as
13 noncertified miners for the purpose of learning the business of
14 mining, and such noncertified miner or noncertified miners shall
15 be permitted to work under the direction of such miner without a
16 certificate. The miner shall provide adequate oversight to keep
17 the uncertified individual out of harm's way.
18 Section 205. Qualifications for certification as miners.
19 The following shall apply:
20 (1) Miners shall be examined and granted certificates
21 under regulations of the department.
22 (2) No person shall be qualified to take the examination
23 unless the person produces evidence of having had not less
24 than one year's experience in bituminous coal mines.
25 (3) All persons possessing certificates of qualification
26 issued by the Commonwealth entitling them to act as mine
27 foremen, assistant mine foremen, mine examiners or mine
28 electricians shall be eligible to engage at any time as
29 miners in bituminous coal mines of this Commonwealth.
30 Section 206. Issuance of miners' certificates.
20080S0949B1675 - 43 -
1 The form and manner of issuing miners' certificates shall be
2 designated by the department. Certificates granted shall entitle
3 the certificate holder to be employed as and do the work of a
4 miner in the bituminous coal mines of this Commonwealth. A
5 certificate granted shall not be transferable and a transfer
6 shall be deemed a violation of this act.
7 Section 207. Certification of mining machine operators and
8 shot-firers.
9 (a) General rule.--It shall be unlawful to employ as a
10 mining machine operator or shot-firer in any bituminous coal
11 mine any person who has not given evidence to the department as
12 to his fitness and competency to handle and use an approved gas
13 detection device and his ability to determine the presence or
14 absence of explosive gas and other dangerous conditions. The
15 manner of determining fitness and competency shall be prescribed
16 by the department. The department shall issue a certificate to
17 those found competent, on a form prescribed by the department.
18 The cost of the examination and certification shall be borne by
19 the candidates.
20 (b) Eligibility.--An individual possessing a certificate of
21 qualification issued by the Commonwealth entitling the
22 individual to act as a mine foreman, assistant mine foreman,
23 mine examiner or mine electrician is eligible to engage as a
24 mining machine operator in a bituminous coal mine.
25 Section 208. Employment of mine foremen.
26 In order to secure efficient management and proper
27 ventilation of mines, to promote the health and safety of the
28 persons employed in mines and to protect and preserve the
29 property connected with mines, the operator or superintendent
30 shall employ a competent and practical mine foreman for every
20080S0949B1675 - 44 -
1 mine, who shall be under the supervision and control of the
2 operator or superintendent. The operator or superintendent of a
3 mine shall be held as fully responsible as the individual
4 appointed to act as mine foreman. The mine foreman shall have
5 full charge of all the inside workings and the persons employed
6 in the mine, subject, however, to the supervision and control of
7 the operator or superintendent, in order that all the provisions
8 of this act so far as they relate to his duties shall be
9 complied with, and the regulations prescribed for each class of
10 workmen under his charge are carried out in the strictest manner
11 possible.
12 Section 209. Employment of mine electricians.
13 Each mine shall employ a certified mine electrician, who
14 shall have full charge of the electrical apparatus at the mine,
15 but shall be subject to the authority of the mine foreman. It
16 shall be the duty of the mine electrician to assist the mine
17 foreman in carrying out all the provisions of the bituminous
18 mining laws bearing on the use and installation of electricity
19 inside bituminous coal mines and the equipment powered thereby,
20 and the mine electrician shall be subject to the same penalties
21 as the mine foreman for any violation of these laws.
22 Section 210. Employment of assistant mine foremen.
23 When mine workings become so extensive that the mine foreman
24 is unable personally to carry out the requirements of this act
25 pertaining to duties, the mine foreman shall have the right to
26 employ a sufficient number of competent persons to act as his
27 assistants, who shall be under his instruction and the
28 operator's or the superintendent's instruction in carrying out
29 the provisions of this act. In each mine the mine foreman's
30 assistants must possess assistant mine foreman certificates. In
20080S0949B1675 - 45 -
1 case of the necessary temporary absence of the mine foreman, the
2 mine foreman may deputize his responsibilities, for the time
3 being, to an assistant mine foreman, who shall perform all the
4 duties of the mine foreman. Any mine foreman, assistant mine
5 foreman, mine examiner or mine electrician may supervise and
6 direct the work of a maximum of two noncertified miners, and
7 shall instruct the persons how safely and properly to perform
8 their work.
9 Section 211. Ventilation responsibilities of mine foreman.
10 The following shall apply:
11 (1) A mine foreman shall devote the whole of his time to
12 his duties in the mine when the mine is in operation, shall
13 keep careful watch over the ventilating apparatus, the
14 ventilation, airways and travelways and shall see that all
15 stoppings along airways are properly built.
16 (2) A mine foreman shall ensure that proper cut-throughs
17 are made in the pillars of all rooms and entries, and that
18 they are closed when necessary or when required by the
19 department, so that the ventilating current can be conducted
20 in sufficient quantity through the last cut-through to the
21 face of each room and entry. A mine foreman shall not permit
22 any room or entry to be turned in advance of the ventilating
23 current or in advance of the last cut-through in the entry.
24 (3) A mine foreman or an assistant mine foreman shall
25 measure the air current at or near the main inlet and outlet
26 airway at least once each week, and also in the last cut-
27 through in the last room and in the entry beyond the last
28 room turned in each entry. A record shall be made of daily
29 measurements in the assistant mine foreman's daily report
30 book. The measurements shall be taken on days when
20080S0949B1675 - 46 -
1 individuals are at work, and for making the measurements an
2 anemometer shall be provided and kept in good condition by
3 the superintendent of the mine.
4 (4) The following pertain to fan stoppage:
5 (i) If a main mine fan stops and the ventilating
6 quantity provided by the fan is not maintained by a
7 backup fan system, the following actions shall be taken:
8 (A) The power inby the loading point shall be
9 immediately disconnected and all men shall be
10 withdrawn from the face areas of the mine to a point
11 outby the loading point on the main travelway with
12 established communications.
13 (B) As soon as it is known that the ventilation
14 has been interrupted, all permissible battery-powered
15 equipment shall be removed from the immediate face
16 area and moved to a safe location outby the last open
17 crosscut. All other battery-powered mobile equipment,
18 except transportation equipment necessary for
19 evacuation if located in a safe area, shall not be
20 used after a ventilation interruption occurs. If
21 possible, battery terminal leads shall be
22 disconnected. If leads are not disconnected, all
23 switches shall be turned off.
24 (C) If the interruption is less than 15 minutes,
25 the working places, adjacent places and all other
26 active working areas where methane may accumulate
27 will be examined by a certified mine foreman,
28 assistant mine foreman or mine examiner to determine
29 if methane in the amount of 1.0 volume percent or
30 more exists before power is restored and the men are
20080S0949B1675 - 47 -
1 permitted to resume mining operations.
2 (ii) If the ventilation is not restored within 15
3 minutes, the following precautions shall be taken:
4 (A) The power to all underground areas shall be
5 disconnected.
6 (B) All persons shall be withdrawn from the mine
7 on foot under proper supervision.
8 (C) If ventilation is restored before the
9 evacuation is completed, the certified mine foreman,
10 assistant mine foreman or mine examiner may start the
11 reexamination of the mine, but all other persons must
12 continue to evacuate.
13 (D) In order to provide for worker safety, power
14 for communications may be left on.
15 (iii) As an alternative to evacuating the men on
16 foot, a mine operator may propose to utilize mechanical
17 equipment during the evacuation. To justify this proposal
18 the operator must perform a survey that shows explosive
19 gas will not migrate to or accumulate in the designated
20 haulageways that will be used to evacuate the mine. The
21 duration of the survey shall be at least twice the travel
22 time from the farthest face to the surface. The operator
23 shall provide the representative of the miners, if
24 applicable, an opportunity to participate in the survey.
25 The department will approve the survey criteria. Trolley
26 equipment will not be used during a fan stoppage. If the
27 survey provides affirmative results, which shall be
28 provided to the department, the department shall approve
29 a plan that provides:
30 (A) That permissible transportation equipment
20080S0949B1675 - 48 -
1 shall be used if available.
2 (B) That evacuations shall begin within 15
3 minutes after a ventilation interruption and shall
4 proceed in an orderly and expedient manner.
5 (C) That the minimum number of vehicles will be
6 used for the evacuation.
7 (D) That, during transportation, a certified
8 person qualified to perform methane examinations
9 riding in each vehicle shall continuously monitor for
10 methane using a handheld detector and at specific
11 locations designated by the operator based on the
12 survey results. The speed of the vehicles shall not
13 be so fast as to negate the detector's ability to
14 accurately measure methane levels.
15 (E) That, if at any time during the evacuation
16 methane is detected in an amount of .25% or more, the
17 transportation vehicles will be deenergized and the
18 evacuation completed on foot.
19 (F) That the operator, the department and the
20 representative of the miners, if applicable, shall
21 review the plan annually or more frequently if
22 conditions warrant.
23 (iv) If ventilation is restored to normal water
24 gauge before the evacuation is completed, a certified
25 mine foreman, assistant mine foreman or mine examiner may
26 start the reexamination of the mine, but all persons must
27 continue to evacuate.
28 (v) The reexamination shall be made of the mine in
29 the same manner as a preshift examination for a coal-
30 producing shift before any power underground is
20080S0949B1675 - 49 -
1 energized, including battery-powered or diesel-powered
2 equipment, or before persons are permitted to enter the
3 mine. The examination shall be made on foot, except an
4 operator may use permissible transportation equipment on
5 intake travelways only for reexamination after a fan
6 stoppage if the examination is started within the time
7 period established by the survey. The examination shall
8 be recorded in the official mine record books used for
9 examinations under section 218.
10 (5) The mine foreman shall notify the superintendent in
11 writing whenever in his opinion the mine is becoming
12 dangerous through the lack of ample ventilation at the face
13 of entries, rooms and other portions of the mine, caused by
14 the undue length of entries and airways or from any other
15 cause, resulting in the accumulation of gas or coal dust, or
16 both, in various portions of the mine. The superintendent
17 shall thoroughly investigate the mine foreman's report and,
18 if substantiated, order necessary work done to put the
19 affected area in safe operating condition. It shall be the
20 duty of the superintendent to immediately notify the
21 department of the condition.
22 (6) The mine foreman shall see that every mine releasing
23 explosive gas is kept free of standing methane, but any
24 accumulation of explosive or noxious gases in the worked-out
25 or abandoned portions of any mine shall be removed as soon as
26 possible after its discovery, if it is practicable to remove
27 it. No person endangered by the presence of explosive or
28 noxious gases shall be allowed in that portion of the mine
29 until the gases have been removed. The mine foreman shall
30 direct and see that all dangerous places and the entrance or
20080S0949B1675 - 50 -
1 entrances to worked-out and abandoned places in all mines are
2 properly fenced off across the openings so that no person can
3 enter, and that danger signals are posted upon said fencing
4 to warn persons of the existing danger.
5 (7) When operations are temporarily suspended in a mine,
6 the mine foreman shall see that danger signals are placed
7 across the mine entrance, which signals shall be sufficient
8 warning for unauthorized persons not to enter the mine. If
9 the circulation of air through the mine be stopped, each
10 entrance to the mine shall be fenced off in such a manner as
11 will ordinarily prevent persons from entering the mine, and a
12 danger signal shall be displayed upon the fence at each
13 entrance and maintained in good condition. The mine foreman
14 shall see that all danger signals used in the mine are in
15 good condition and if any become defective, he shall notify
16 the superintendent.
17 Section 212. Mine foreman's responsibility for working place
18 safety.
19 The following shall apply:
20 (1) The mine foreman or assistant mine foreman shall
21 direct and see that every working place is properly secured
22 and shall see that no person is directed or permitted to work
23 in an unsafe place, unless it be for the purpose of making it
24 safe. The mine foreman shall see that workmen are provided
25 with sufficient roof support materials delivered to their
26 working place or places. When timbers are used for roof
27 support, they shall be cut square on both ends and as near as
28 practicable to proper length.
29 (2) Every workman in need of roof support materials
30 shall notify the mine foreman or the assistant mine foreman
20080S0949B1675 - 51 -
1 of the fact at least one day in advance, stating the roof
2 support materials are required. In case of emergency, roof
3 support materials may be ordered immediately upon the
4 discovery of danger. If for any reason the necessary roof
5 support materials cannot be supplied when required, the mine
6 foreman or assistant mine foreman shall instruct the workmen
7 to vacate the place until the material needed is supplied.
8 (3) The mine foreman or assistant mine foreman shall
9 direct and see that, as the miners advance in their
10 excavation, all dangerous and doubtful pieces of coal, slate
11 and rock are taken down or immediately carefully secured
12 against falling on the workmen. Any workman who neglects to
13 carry out or disobeys the instructions of the mine foreman or
14 assistant mine foreman, in regard to securing his working
15 place, shall be suspended or discharged by the mine foreman,
16 and if such negligence or disobedience results in serious
17 injury or loss of life to any person, the mine foreman shall
18 report the name of that workman to the department for
19 prosecution under the requirements of this act.
20 (4) The mine foreman shall give prompt attention to the
21 removal of all dangers reported to him by his assistants, the
22 mine examiner or any other person working in the mine, and in
23 case it is impracticable to immediately remove the danger, he
24 shall notify every person whose safety is threatened to
25 remain away from the area of the mine where the dangerous
26 conditions exist.
27 (5) The mine foreman, his assistant or the mine examiner
28 shall, once each week, travel and examine all the air
29 courses, roads and openings that give access to old workings
30 or falls and make a record in ink of the condition of all
20080S0949B1675 - 52 -
1 places in the book provided for that purpose.
2 (6) It shall be the duty of the mine foreman to see that
3 approved gas detection devices are used when and where
4 required by this act. No approved gas detection device shall
5 be entrusted to any person for use in a mine until the person
6 has given satisfactory evidence to the mine foreman that he
7 understands the proper use of the device and the danger of
8 tampering with the device. The transportation of tools into
9 and out of the mine shall be under the direction of the mine
10 foreman or an assistant mine foreman.
11 (7) Instructions shall be given by the mine foreman,
12 assistant mine foreman or mine examiner, or other authorized
13 person, as to when, where and how roof supports shall be
14 placed in order to avoid accidents from falls and to mine
15 coal with safety to themselves and others. In addition, the
16 mine foreman or assistant mine foreman shall give special
17 care and attention to drawing pillars, particularly when
18 falls are thereby being made.
19 Section 213. Mine foreman's responsibilities for blasting.
20 The following shall apply:
21 (1) The mine foreman shall direct that the coal is
22 properly mined before it is blasted, shot or broken. For
23 purposes of this paragraph, the term "properly mined" shall
24 mean that the coal shall be undercut, centercut, overcut or
25 sheared by pick or machine, and in any case the cutting shall
26 be as deep as the holes are laid.
27 (2) The mine foreman or assistant mine foreman, under
28 instructions from the mine foreman, shall direct that the
29 holes for blasting shall be properly placed and shall
30 designate the angle and depth of holes, which shall not be
20080S0949B1675 - 53 -
1 deeper than the undercutting, centercutting, overcutting or
2 shearing, the maximum quantity of explosives required for
3 each hole and the method of charging and tamping.
4 (3) The mine foreman shall employ a sufficient number of
5 competent and legally certified persons to act as shot-
6 firers.
7 Section 214. Mine foreman's responsibilities for drainage.
8 The following shall apply:
9 (1) The mine foreman shall see that the work areas are
10 kept as free from water as practicable during working hours.
11 Except for individuals necessary to correct the condition,
12 individuals shall not enter an area with such accumulations.
13 (2) A test drilling plan which provides for the safety
14 of all individuals must be submitted by the operator to the
15 department for approval. The department may increase the
16 setback distances under this paragraph. Whenever any working
17 place in a mine approaches within 50 feet of abandoned
18 workings, as shown by surveys certified by a registered
19 engineer or surveyor, or within 500 feet of any other
20 abandoned workings of such mine, which cannot be inspected
21 and which may contain dangerous accumulations of water or
22 gas, or within 500 feet of any workings of an adjacent mine.
23 (3) No mining may occur within the setback distances
24 under paragraph (2) unless the department approves the test
25 drilling plan and gives permission to proceed.
26 (4) No water or gas from any portion of an abandoned
27 mine, or from any idle portion of an active mine, and no
28 borehole from the surface shall be tapped except under the
29 immediate instruction and direction of the mine foreman with
30 the use of approved gas detection equipment. It shall be
20080S0949B1675 - 54 -
1 unlawful to work or employ individuals to work in any portion
2 of a bituminous coal mine in which a body of water is dammed
3 or held back at a higher elevation in the same mine by
4 natural or artificial means, unless approval is given in
5 writing by the department.
6 (5) The department shall not accept from an operator a
7 six-month mine subsidence map as required by the act of April
8 27, 1966 (1st Sp.Sess. P.L.31, No.1), known as The Bituminous
9 Mine Subsidence and Land Conservation Act, unless the map
10 includes the information required by paragraphs (2), (3) and
11 (4).
12 Section 215. Mine foreman's responsibility for employment of
13 competent persons.
14 A noncertified person may not be employed to operate
15 equipment in a mine until the individual has completed a
16 training program approved by the department and has given the
17 mine foreman satisfactory proof that the individual can do the
18 assigned work without endangering anyone.
19 Section 216. Mine foreman's responsibilities for inspections
20 and reports.
21 The following shall apply:
22 (1) In all mines, the mine foreman shall employ a
23 sufficient number of assistants to ensure a visit to each
24 employee during each shift, except mine officials and miners
25 whose normal duties require travel throughout the mine,
26 either by himself or his assistants.
27 (2) The mine foreman shall each day enter plainly and
28 sign in ink a report of the condition of the mine in a book
29 provided for that purpose. The report shall clearly state any
30 danger that may have come under his observation during the
20080S0949B1675 - 55 -
1 day or any danger reported by the assistant mine foreman or
2 the mine examiners. The report shall also state whether or
3 not a proper supply of material is on hand for the safe
4 working of the mine, and whether or not the requirements of
5 law are complied with. The mine foreman shall also, once each
6 week, enter plainly in ink in the book a true report of all
7 weekly air measurements required by this act, designating the
8 place, the area of each cut-through and entry separately, the
9 velocity of the air in each cut-through and entry, the
10 quantity of the air in each cut-through and entry and the
11 number employed in each separate split of air, with the date
12 when measurements were taken. The book shall at all times be
13 kept in the mine office, for examination by the department,
14 any person working in the mine or authorized representatives
15 of the employees of the mine, in the presence of the
16 superintendent or the mine foreman. The mine foreman shall
17 also each day read carefully and countersign in ink all
18 reports entered in the record book of the mine examiners.
19 (3) When assistant mine foremen are employed, their duty
20 shall be to assist the mine foreman in complying with the
21 provisions of this act, and they shall be liable to the same
22 penalties as the mine foreman for any violation of this act
23 in parts or portions of the mine under their jurisdiction. At
24 the end of each shift, each assistant mine foreman shall make
25 a report in a book provided for that purpose, giving the
26 general condition as to safety of the working places visited,
27 and shall make a note of any unusual occurrence observed
28 during the shift. The mine foreman shall read carefully the
29 daily report of each assistant mine foreman and shall sign
30 the report in ink daily. Where more than one portal is being
20080S0949B1675 - 56 -
1 used for the entrance of miners into a mine, the mine foreman
2 may designate an assistant who holds a mine foreman
3 certificate to sign the assistant mine foreman's and mine
4 examiner's daily report books at each portal other than the
5 main portal.
6 (4) It shall be the duty of the mine foreman or
7 assistant mine foreman, or an authorized person designated by
8 the mine foreman, to examine daily in a general way all
9 electrical equipment and other machinery under his
10 jurisdiction to see that it is in safe operating condition
11 and make a report in the assistant mine foreman's daily
12 report book. It shall be the duty of the mine electrician to
13 make and sign a written report once each week in a record
14 book provided for that purpose, stating the condition of
15 electrical equipment and other machinery in the mine. The
16 report shall be countersigned by the mine foreman.
17 Section 217. Employment of mine examiners.
18 The mine foreman shall employ a sufficient number of mine
19 examiners in order that each mine can be examined in accordance
20 with the provisions of this act. The mine foreman or the
21 assistant mine foreman shall see that the mine examiner has left
22 his initials and date and time in places examined or reported as
23 examined.
24 Section 218. Duties of mine examiners.
25 (a) Examination of mine.--Within three hours immediately
26 preceding the beginning of a coal-producing shift and before any
27 workmen in such shift, other than those who may be designated to
28 make the examinations prescribed in this section, enter the
29 underground areas of the mine, the mine foreman, assistant mine
30 foreman or examiners designated by the mine foreman of the mine
20080S0949B1675 - 57 -
1 to do so shall make an examination, as prescribed in this
2 section, of the areas. Each person designated to act as a mine
3 examiner shall be directed to examine a definite underground
4 area of such mine, and in making his examination, the mine
5 examiner shall inspect every active working place and places
6 immediately adjacent in the area and make tests with an approved
7 gas detection device for accumulations of methane and oxygen-
8 deficiency in the air. The mine examiner shall examine seals and
9 doors to determine whether they are functioning properly;
10 inspect and test the roof, face and rib conditions in the
11 working places; inspect active roadways, every unfenced roadway,
12 travelways, approaches to abandoned workings, and accessible
13 falls in active sections for explosive gas and other hazards;
14 and inspect to determine whether the air in each split is
15 traveling in its proper course and in normal volume. The mine
16 examiner shall initial and date the face of each place he
17 examines or in a nearby location. If the mine examiner in making
18 his examination, finds a condition which he considers to be
19 dangerous to persons who may enter or be in such area, he shall
20 indicate such dangerous place by posting a "danger" sign
21 conspicuously at a point which persons entering such dangerous
22 place would be required to pass. No person, other than Federal
23 or State mine inspectors, or the mine foreman or his assistant,
24 or persons authorized by the mine foreman or assistant mine
25 foreman to enter the place for the purpose of eliminating the
26 dangerous condition, shall enter the place while the sign is
27 posted.
28 (b) Record book.--A suitable record book shall be kept at
29 the mine office, on the surface, of every mine where mine
30 examiners are employed, and immediately after the examination of
20080S0949B1675 - 58 -
1 the mine or any portion thereof by a mine examiner, whose duty
2 it is to make the examination, he shall enter in the book, with
3 ink, a record of the examination, and sign the same. This record
4 shall show the time taken in making the examination, and also
5 clearly state the nature and location of any danger that may
6 have been discovered in any room or entry or other place in the
7 mine, and if any danger has been discovered, the mine examiners
8 shall immediately report the location thereof to the mine
9 foreman. No person shall enter the mine until the mine examiners
10 return to the mine office on the surface, or to a station
11 located in the intake entry of the mine, where a record book as
12 provided for in this section shall be kept in a fireproof vault
13 and signed by the person making the examination, and report to
14 the mine foreman or the assistant mine foreman, by telephone or
15 otherwise, and a written report made thereof by the person
16 receiving the report, that the mine is in safe condition for
17 individuals to enter. When a station is located in any mine, it
18 shall be the duty of the mine examiners to sign the report
19 entered in the record book in the mine office on the surface.
20 The record books of the mine examiners shall at all times during
21 working hours be accessible to the mine inspector, any person
22 working in the mine and authorized representatives of the
23 employees of the mine.
24 (c) Second examination.--A second examination by the same or
25 other mine examiner shall be made during working hours of every
26 working area where men are employed, and a report of the
27 examination shall be made in the mine examiner report book in
28 the same manner as the first examination. No person on a
29 noncoal-producing shift, other than a certified person
30 designated under this subsection, shall enter any underground
20080S0949B1675 - 59 -
1 area in a mine, unless the area, which shall include all places
2 on that particular split of air, has been examined as prescribed
3 in this section within three hours immediately preceding his
4 entrance into the area.
5 Section 219. Management of mine.
6 The right to hire and discharge employees, management of the
7 mine and the direction of the working forces are vested
8 exclusively in the operator, and no person or persons,
9 association or associations, organization or organizations or
10 corporation or corporations shall interfere with or attempt to
11 interfere with, abridge or attempt to abridge, in any manner
12 whatsoever, such right, provided that this does not invalidate
13 any existing or future contract.
14 Section 220. Duties of superintendent.
15 (a) General rule.--It shall be the duty of every
16 superintendent, on behalf and at the expense of the operator, to
17 keep on hand at each mine at all times a sufficient quantity of
18 all materials and supplies required to preserve the health and
19 safety of the employees, as ordered by the mine foreman and
20 required by this act. If, for any reason, the superintendent
21 cannot procure the necessary materials or supplies, he shall
22 immediately notify the mine foreman, whose duty it shall be to
23 withdraw all individuals from the mine, or portion of the mine,
24 until the materials or supplies are received.
25 (b) Examination.--The superintendent shall, at least once
26 every week, read, examine and countersign all reports entered in
27 the mine record book, and if he finds on examination that the
28 law is being violated, the superintendent shall order the mine
29 foreman to stop the violation and shall see that the order is
30 complied with.
20080S0949B1675 - 60 -
1 Section 221. Qualifications and general responsibility of
2 superintendent.
3 The following shall apply:
4 (1) Beginning one year after the effective date of this
5 paragraph, no person may be appointed as a superintendent at
6 any mine in this Commonwealth unless the person holds a
7 current, valid mine foreman certificate. In the event that a
8 superintendent is found by the department to be in breach of
9 his or her responsibilities as superintendent, the department
10 may suspend or revoke the superintendent's mine foreman
11 certificate.
12 (2) No person may serve as the superintendent for more
13 than one mine.
14 (3) The superintendent shall not obstruct the mine
15 foreman or other officials in the fulfillment of any of their
16 duties as required by this act, but shall direct, provide the
17 means and see to it that the mine foreman and all the other
18 employees under him comply with the law. The superintendent
19 shall give immediate attention to any violation of the law
20 called to his attention by the department. The superintendent
21 shall be responsible for all the outside workings and all the
22 persons there employed. At any mine where a superintendent is
23 not employed, the duties that are prescribed for the
24 superintendent shall devolve upon the mine foreman, in
25 addition to his regular duties.
26 Section 222. Danger signals.
27 The superintendent of every mine shall provide a sufficient
28 number of danger signals, upon request of the mine foreman,
29 which the mine foreman or the assistant mine foreman shall
30 distribute in the mine at places convenient for the use of the
20080S0949B1675 - 61 -
1 mine examiners and other officials in the fulfillment of their
2 duties. Danger signals in all mines shall be uniform and of a
3 design approved by the department. All danger signals shall be
4 kept in good condition and no defective signal shall be used in
5 any mine.
6 Section 223. Supply of record books.
7 The superintendent shall keep on hand at the mine a supply of
8 the record books required by this act and shall see that record
9 books are delivered to the proper persons at the mine and that
10 they are properly cared for.
11 Section 224. Mapping requirements and surveying standards.
12 (a) General rule.--The operator or superintendent of each
13 mine shall cause to be made by a registered mining engineer or
14 registered professional surveyor an accurate, professional
15 quality map of the mine, on a scale of not less than 200 feet to
16 the inch. At a minimum, the map shall show:
17 (1) A complete legend identifying all features
18 represented on the map and a title block including all
19 changes of mine ownership and the dates of those changes.
20 (2) An accurate delineation of the current extent of the
21 workings of the mine and all mines or coal lands, or both,
22 inside the permit boundary and all mines or coal lands, or
23 both, within 1,000 feet of the outside of the permit
24 boundary. The delineation must show all workings of all mines
25 above and below the mine within the permit boundary and
26 within 1,000 feet of the outside of the permit boundary.
27 (3) Barrier pillars for all mine workings inside the
28 permit boundary and all mine workings adjacent to the permit
29 boundary.
30 (4) Two permanent baseline points coordinated with the
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1 underground and surface traverse points, and two permanent
2 elevation benchmarks referencing mine elevation surveys. The
3 baseline points and elevation benchmarks shall be prepared
4 using the Pennsylvania State Plan Coordinate System (NAD83
5 Datum). In the alternative, the map shall include coordinate
6 transformation equations converting the baseline points shown
7 to correlate to the Pennsylvania State Plan Coordinate
8 System.
9 (5) All openings, excavations, shafts, slopes, drifts,
10 tunnels, entries, crosscuts, rooms, boreholes and all other
11 excavations, including surface pits and auger holes in each
12 seam.
13 (6) Areas where the pillars or longwall panels have been
14 removed.
15 (7) The name or number of each butt, room and section,
16 if available.
17 (8) Ventilation controls, air splits and the direction
18 of air currents using arrows.
19 (9) USGS elevation at the top and bottom of each shaft,
20 slope, drift and borehole.
21 (10) Bottom of coal elevations, taken at intervals not
22 to exceed 300 feet apart, in one entry of each section and in
23 one entry of each set of rooms off such sections.
24 (11) Bottom of coal elevations taken in the last open
25 crosscut of all sections and each set of rooms off such
26 section before they are abandoned.
27 (12) Elevation contour lines at whole number ten-foot
28 increments, unless the seam is steeply pitching, after which
29 it may be 25-foot intervals.
30 (13) The number or designation of each survey station
20080S0949B1675 - 63 -
1 and the date of the last survey in the entries, as they are
2 represented on the map.
3 (14) The location and elevation of any body of water
4 dammed or held back in any portion of the mine, giving the
5 volume in gallons of the body of water.
6 (15) The location of streams, rivers, lakes, dams or any
7 other bodies of water on the surface, with their surface
8 elevations accurately and plainly marked.
9 (16) The location of permanent surface features such as
10 railroad tracks, public highways, permanent buildings and oil
11 and gas wells.
12 (17) All seals and bulkheads within the mine.
13 (b) Accuracy standards.--The following accuracy standards
14 must be met:
15 (1) A minimum elevation closure of plus or minus one
16 foot per 5,000 feet is required.
17 (2) Mine traverse, advanced by closed loop method of
18 survey or other equally accurate method of traversing.
19 Minimum angular and coordinate ties for raw data would be an
20 angular tie of less than one minute and a coordinate time of
21 greater than 1 to 10,000 for any given closed loop survey.
22 (c) Surveying standards.--The extent of surveying shown on
23 the map shall be acceptable where the following minimum
24 underground surveying standards are met:
25 (1) Every entry must be surveyed at intervals not to
26 exceed 300 lineal feet. Survey station spads shall be
27 established in each entry of all mains, sections, butts,
28 rooms and other excavations. Survey lines may extend from
29 adjacent entries as long as the interval between survey
30 station spads within an entry does not exceed 300 lineal
20080S0949B1675 - 64 -
1 feet. Continuous survey lines must be maintained in at least
2 one entry.
3 (2) Lateral take-ups, left and right, must be taken in
4 every entry at all intersections and must denote the location
5 of all intersections and define the corners and the location
6 of the rib line within each entry. For any excavation greater
7 than 20% from the planned excavation, additional lateral
8 take-ups must be taken to define this area. All of the
9 information must be accurately portrayed on the mine map.
10 (3) All workings not surveyed and taken from a working
11 map or other unofficial record shall be shown on the map with
12 dashed lines. The legend shall identify that these areas have
13 not been surveyed.
14 (4) A survey station spad is required to be within 300
15 feet of the deepest penetration of the final faces of each
16 mining section, butt or room. The number or designation of
17 the last survey station spad and the date of such survey of
18 the entries are to be shown on the mine map. The area from
19 this spad to the face will be considered surveyed provided
20 that lateral and face take-ups have been completed and
21 recorded in the field book and shown on the mine map. Field
22 books shall be available for inspection. If lateral and face
23 take-ups are not completed, the area inby the last survey
24 station spad must be identified on the map with dashed lines.
25 The survey station spads located in each mining section, butt
26 or room shall be tied to a check survey station.
27 (5) Check survey stations shall be advanced to within
28 300 feet of the deepest penetration of all mains, submains,
29 sections and butts. Check survey stations shall be advanced
30 to within 600 feet of the deepest penetration of all rooms.
20080S0949B1675 - 65 -
1 (6) Check survey stations shall be advanced to within
2 100 feet of the deepest penetration of all mining sections,
3 butts, rooms and excavations adjacent to the permit or
4 property boundary lines.
5 (d) Verification.--Prior to each area's being sealed, the
6 operator or superintendent shall verify in writing that the map
7 of the sealed area meets the requirements of this act. To the
8 extent that any areas in the mine cannot be surveyed, these
9 areas shall be indicated on the map.
10 Section 225. Availability of copy of map.
11 A true copy of the map made pursuant to section 224 shall be
12 kept in the mine office for the use of the mine officials and
13 mine inspector in the district, and for the inspection, in the
14 presence of the superintendent or mine foreman, of any person
15 working in the mine, or of authorized representatives of the
16 employees of the mine, whenever the person or representative
17 fears that any working place is becoming dangerous by reason of
18 its proximity to other workings that may contain dangerous
19 accumulations of water or noxious gases.
20 Section 226. Excavations on map.
21 At least once every six months, the operator or
22 superintendent of every mine shall cause to be shown accurately
23 on the original map of the mine, and on the copy of the map in
24 the mine office, all the excavations made during the time that
25 elapsed since the excavations were last shown.
26 Section 227. Furnishing copies of maps.
27 A copy of the mine map shall be furnished every six months to
28 the department. When more than one seam of coal is being worked
29 in any mine, the department shall be provided with a separate
30 copy of the original map of the complete workings of each seam
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1 as provided for under this act. The copies shall remain in the
2 care of the department. When one mine is working a seam of coal
3 under another mine that is working an overlying seam and the two
4 mines are operated by different operators, the operators shall
5 exchange with each other copies of their respective mine maps,
6 showing such portions of their respective mines as may be
7 directly above or below the other mine.
8 Section 228. Duties upon abandonment of mine.
9 (a) General rule.--If a mine is inactive for a period of 60
10 days or more or if the operator intends to cease ventilation of
11 the mine, the operator or the superintendent shall notify the
12 department at once and shall, within 60 days, extend the
13 official map to show clearly all worked-out or abandoned
14 territory with all excavations, property and boundary lines,
15 elevations and map features as required under this act or, if
16 the workings are not accessible, provide a copy of the most
17 recent map available that is clearly marked to state that the
18 workings shown were not surveyed. The owner or operator of the
19 mine shall also, within 45 days after its change in status, send
20 to the department a tracing, print or digital map in a format
21 acceptable to the department of the complete original map. The
22 registered mining engineer or registered surveyor shall certify
23 that the tracing, print or digital map is a true and correct
24 copy of the original map of the mine and that the original map
25 is a true, complete and correct map and survey of all the
26 excavations made in the inactive or abandoned mine. A dated
27 statement signed by a company or corporate officer stating that
28 the map represents a complete and accurate representation of all
29 underground excavations and is the final map of the mine, or
30 stating that the map provided is not a surveyed final map due to
20080S0949B1675 - 67 -
1 inaccessibility of the workings, shall be included.
2 (b) Violation.--If the operator, superintendent or company
3 or corporate officer fails to provide the certified final map or
4 recklessly or intentionally submits an inaccurate certified map,
5 the violation shall be a felony subject to prosecution under
6 section 505. Costs incurred by the Commonwealth as a result of a
7 violation of this subsection may be recovered as restitution.
8 Section 229. Survey by department.
9 If the department has reasonable cause to believe that a map
10 of any mine furnished under the provisions of this act is
11 inaccurate or imperfect, the department may require the operator
12 to make a survey and a new map of the mine.
13 Section 230. Ventilation requirements.
14 (a) General rule.--The operator or superintendent of a mine
15 shall provide and maintain ample means of ventilation to furnish
16 a constant and adequate supply of pure air for the employees.
17 The quantity and velocity of the current of air shall be
18 sufficient to dilute so as to render harmless and carry away
19 flammable or harmful gases.
20 (b) Specification.--The quantity of air reaching the last
21 open crosscut in any pair or set of entries shall not be less
22 than 9,000 cubic feet per minute. All active underground work
23 areas in a mine shall be ventilated by a current of air
24 containing not less than 19.5% oxygen and not more than .5%
25 carbon dioxide and no harmful quantities of other noxious or
26 poisonous gases.
27 (c) Ventilating belt entries.--A belt conveyor entry shall
28 be isolated from the adjacent entries.
29 (1) The following requirements apply:
30 (i) The quantity of air traveling in the belt
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1 conveyor shall be kept to the minimum quantity necessary
2 for effective ventilation by means of permanent stoppings
3 and regulators.
4 (ii) The belt conveyor entry shall be provided with
5 a separate split of intake air.
6 (iii) The belt conveyor entry shall provide an
7 intake escapeway to the main air current.
8 (2) If an operator proposes to use entries in common
9 with the belt conveyor entry, the operator must submit a plan
10 to and obtain approval by the department that addresses the
11 following criteria:
12 (i) The belt conveyor is cleaned and maintained to
13 minimize float dust in the common entries.
14 (ii) Stoppings and regulators are arranged to reduce
15 the quantity of air traveling in the belt and common
16 entries to a minimum for effective ventilation of the
17 belt and common entries and to provide an intake air
18 split as an escapeway to the main air current.
19 (iii) Fire protection is installed and maintained on
20 all belt conveyors in compliance with appropriate
21 standards.
22 (iv) There is an early warning fire detection system
23 and carbon monoxide (CO) or smoke sensors that meet the
24 requirements of 30 CFR § 75.351 (relating to atmospheric
25 monitoring systems). The spacing of the CO/smoke sensors
26 shall not exceed 1,000 feet. The belt air velocity shall
27 be a minimum of 50 fpm or CO/smoke sensor spacing shall
28 be reduced to provide an adequate alarm time not to
29 exceed 20 minutes. The CO/smoke sensors shall be set to
30 alarm at the lowest practicable setting and be positioned
20080S0949B1675 - 69 -
1 in the ventilation current to provide the most effective
2 detection.
3 (v) The number of common entries may not exceed
4 three entries, including the belt entry.
5 (vi) Development for common entries is designed to
6 be at a lower ventilation pressure than the main intake
7 escapeway.
8 (vii) If a condition develops that causes the belt
9 and common entries to be at a higher ventilation pressure
10 than the main intake escapeway, efforts are undertaken to
11 immediately correct the condition. If the condition
12 cannot practicably be corrected, the mine operator must
13 notify the department of the condition, the specific
14 cause, the area affected and the steps that will be taken
15 to maintain the pressure in the belt and common entries
16 at the lowest attainable level.
17 (viii) When the belt ventilation current travels
18 away from the working section, no ignition sources,
19 except equipment necessary to maintain the escapeway and
20 personnel carriers, shall be permitted in the intake
21 escapeway unless CO/smoke sensors that meet Federal fire
22 detection standards are installed in the intake
23 escapeway. Equipment operated in the intake escapeway
24 shall be equipped with an automatic fire suppression
25 system, or comply with 30 CFR § 75.380(f)(4) (relating to
26 escapeways; bituminous and lignite mines). CO detectors
27 shall give an audible alarm over the mine communication
28 system. The alarm shall indicate the conveyor belt flight
29 where the alarm occurred. Both visual and audible alarm
30 signals must automatically be provided at all affected
20080S0949B1675 - 70 -
1 working sections and affected areas where mechanized
2 mining equipment is being installed or removed and on the
3 surface at a monitored location. Two-way underground
4 communications shall be maintained between the monitored
5 surface location and all underground working sections and
6 areas where mechanized mining equipment is being
7 installed or removed.
8 (ix) A copy of the mine's federally approved
9 firefighting and evacuation plan is included with the
10 plan.
11 (d) Actions to detect and respond to excess methane.--The
12 following actions are required to detect and respond to excess
13 methane:
14 (1) Location of tests. Tests for methane concentrations
15 under this section shall be made at least 12 inches from the
16 roof, face, ribs and floor.
17 (2) Working places and intake air courses.
18 (i) When 1% or more methane is present in a working
19 place or an intake air course, including an air course in
20 which a belt conveyor is located or in an area where
21 mechanized mining equipment is being installed or
22 removed:
23 (A) Except intrinsically safe atmospheric
24 monitoring systems (AMS), electrically powered
25 equipment in the affected area shall be deenergized
26 and other mechanized equipment shall be shut off.
27 (B) Changes or adjustments shall be made
28 immediately to the ventilation system to reduce the
29 concentration of methane to less than 1%.
30 (C) No other work shall be permitted in the
20080S0949B1675 - 71 -
1 affected area until the methane concentration is less
2 than 1%.
3 (ii) When 1.5% or more methane is present in a
4 working place or an intake air course, including an air
5 course in which a belt conveyor is located or in an area
6 where mechanized mining equipment is being installed or
7 removed:
8 (A) Except for Federal or State mine inspectors,
9 the mine foreman or assistant mine foreman or persons
10 authorized by the mine foreman or assistant mine
11 foreman, all persons shall be withdrawn from the
12 affected area.
13 (B) Except for intrinsically safe AMS,
14 electrically powered equipment in the affected area
15 shall be disconnected at the power source.
16 (3) Return air split.
17 (i) When 1% or more methane is present in a return
18 air split between the last working place on a working
19 section and where that split of air meets another split
20 of air or the location at which the split is used to
21 ventilate seals or worked-out areas, changes or
22 adjustments shall be made immediately to the ventilation
23 system to reduce the concentration of methane in the
24 return air to less than 1%.
25 (ii) When 1.5% or more methane is present in a
26 return air split between the last working place on a
27 working section and where that split of air meets another
28 split of air or the location where the split is used to
29 ventilate seals or worked-out areas, except for Federal
30 or State mine inspectors, the mine foreman or assistant
20080S0949B1675 - 72 -
1 mine foreman or persons authorized by the mine foreman or
2 assistant mine foreman, all persons shall be withdrawn
3 from the affected area.
4 (iii) Other than intrinsically safe AMS, equipment
5 in the affected area shall be deenergized, electric power
6 shall be disconnected at the power source and other
7 mechanized equipment shall be shut off.
8 (iv) No other work shall be permitted in the
9 affected area until the methane concentration in the
10 return air is less than 1%.
11 (4) Return air split alternative.
12 (i) The provisions of this paragraph may apply if:
13 (A) The quantity of air in the split ventilating
14 the active workings is at least 27,000 cubic feet per
15 minute in the last open crosscut or the quantity
16 specified in the approved ventilation plan, whichever
17 is greater.
18 (B) The methane content of the air in the split
19 is continuously monitored during mining operations by
20 an AMS that gives a visual and audible signal on the
21 working section when the methane in the return air
22 reaches 1.5% and the methane content is monitored as
23 specified in the approved ventilation plan.
24 (C) Rock dust is continuously applied with a
25 mechanical duster to the return air course during
26 coal production at a location in the air course
27 immediately outby the most inby monitoring point.
28 (ii) When 1.5% or more methane is present in a
29 return air split between a point in the return opposite
30 the section loading point and where that split of air
20080S0949B1675 - 73 -
1 meets another split of air or where the split of air is
2 used to ventilate seals or worked-out areas:
3 (A) Changes or adjustments shall be made
4 immediately to the ventilation system to reduce the
5 concentration of methane in the return air less than
6 1.5%.
7 (B) Except for Federal or State mine inspectors,
8 the mine foreman or assistant mine foreman or persons
9 authorized by the mine foreman or assistant mine
10 foreman, all persons shall be withdrawn from the
11 affected area.
12 (C) Except for intrinsically safe AMS, equipment
13 in the affected area shall be deenergized, electric
14 power shall be disconnected at the power source and
15 other mechanized equipment shall be shut off.
16 (D) No other work shall be permitted in the
17 affected area until the methane concentration in the
18 return air is less than 1.5%.
19 (e) Changes and adjustments in ventilation.--
20 (1) If either the concentration of methane in a bleeder
21 split of air immediately before the air in the split joins
22 another split of air, or in a return air course other than as
23 described in subsection (d)(3) and (4), contains methane gas
24 in an amount of 1% or greater as detected by an approved gas
25 detection device, changes or adjustments shall be made
26 immediately in the ventilation in the mine so that returning
27 air contains less than 1% of methane gas.
28 (2) When 2% of methane is exceeded in a bleeder return,
29 the operator shall submit a written plan to abate the problem
30 to the department for approval.
20080S0949B1675 - 74 -
1 (f) Submittal of detailed ventilation plan to department.--
2 (1) A mine operator shall submit a detailed ventilation
3 plan and any addendums to the department for review and
4 comment. The mine operator shall review the plan with the
5 department and address concerns to the extent practicable.
6 The department shall submit any concern that is not addressed
7 to MSHA through comments to the plan. The mine operator shall
8 provide a copy of the plan to the representative of the
9 miners, if applicable, ten days prior to the submittal of the
10 plan for review and comment to the department.
11 (2) The operator shall give the department a copy of the
12 MSHA-approved plan and any addendums as soon as the operator
13 receives the approval.
14 (3) In the event of an unforeseen situation requiring
15 immediate action on a plan revision, the operator shall
16 submit the proposed revision to the department and the
17 representative of the miners when the proposed revision is
18 submitted to MSHA. The department shall work with the
19 operator to review and comment on the proposed plan revision
20 to MSHA as quickly as possible.
21 (4) Upon approval by MSHA, the plan is enforceable by
22 the department.
23 Section 231. Crosscuts and stoppings.
24 (a) Maximum distance.--
25 (1) The distance driven to establish ventilation
26 connections between entries or rooms shall not exceed 200
27 linear feet. Where adequate ventilation is provided, the
28 entry or room may be driven in conjunction with the new air
29 connection, provided that the distance to either face does
30 not exceed 200 linear feet when the new air connection is
20080S0949B1675 - 75 -
1 established.
2 (2) In no case shall any place be driven a total of more
3 than 200 linear feet unless ventilation connections have been
4 established, except as provided under this act.
5 (3) Where adequate ventilation can be provided, the
6 department may give written permission to authorize a greater
7 distance.
8 (b) Closure of crosscuts.--Crosscuts between intakes and
9 return air courses shall be closed, except the one nearest the
10 face. Crosscuts between rooms shall be closed, where necessary
11 or when required by the department, to provide adequate
12 ventilation at the working face.
13 (c) Air connections.--Where practicable, an air connection
14 shall be provided at or near the face of each entry or room
15 before the place is abandoned.
16 (d) Excavations.--Excavations shall not exceed 18 feet in
17 depth, unless permission is obtained from the department to
18 drive a greater distance beyond the last open crosscut, if such
19 excavations are kept free of accumulations of methane by use of
20 line brattice or other adequate means.
21 (e) Construction materials of stoppings.--A permanent
22 stopping shall be built of solid, substantial, incombustible
23 material, including, but not limited to, concrete, concrete
24 blocks, bricks, steel or tile, provided that, where physical
25 conditions exist because of caving that makes the use of
26 concrete, concrete blocks, brick, steel or tile impracticable,
27 timber laid longitudinally skin-to-skin or an approved
28 substitute may be used. A temporary stopping may be erected in
29 cut-throughs near the working face. A stopping shall be
30 reasonably airtight.
20080S0949B1675 - 76 -
1 (f) Building and maintenance.--A permanent stopping or other
2 permanent ventilation control device shall be built and
3 maintained as follows:
4 (1) Between intake and return air courses, except a
5 temporary control, the device may be used in a room that is
6 600 feet or less from the centerline of the entry from which
7 the room was developed, including where continuous face
8 haulage systems are used in the room. Unless otherwise
9 approved in the ventilation plan, the stopping or control
10 shall be maintained to and including the third connecting
11 crosscut outby the working face.
12 (2) To separate belt conveyor haulageways from intake
13 air courses when the air in the intake air courses is used to
14 provide air to active working places, temporary ventilation
15 controls may be used in a room that is 600 feet or less from
16 the centerline of the entry from which the room was
17 developed, including where continuous face haulage systems
18 are used in the room. When continuous face haulage systems
19 are used, a permanent stopping or other device shall be built
20 and maintained to the outby most point of travel of the dolly
21 or 600 feet from the point of deepest penetration in the
22 conveyor belt entry, whichever distance is closer to the
23 point of deepest penetration, to separate the continuous
24 haulage entry from the intake entries.
25 Section 232. Overcasts and undercasts.
26 (a) Arrangement of ventilation.--Ventilation shall be so
27 arranged by means of air locks, overcasts or undercasts that the
28 passage of trips or persons along the entries will not cause
29 interruptions of the air current. In face areas where it is
30 impracticable to install air locks, single doors may be used
20080S0949B1675 - 77 -
1 with the permission of the department. An air lock shall be
2 ventilated sufficiently to prevent accumulations of methane in
3 it.
4 (b) Doors.--
5 (1) A door controlling ventilation shall be kept closed,
6 except when men or equipment are passing through the doorway.
7 Motor crews and other persons who open a door shall see that
8 the door is closed before leaving it.
9 (2) It shall be unlawful for a person to knowingly leave
10 a door or a check-curtain open.
11 (c) Hanging of doors.--A door controlling ventilation shall
12 be hung in such a manner as to be self-closing.
13 (d) Construction materials.--Overcasts and undercasts shall
14 be constructed tightly of incombustible material, such as
15 masonry, concrete, concrete blocks or fire-resistant
16 prefabricated material of sufficient strength to withstand
17 possible falls from the roof. Overcasts and undercasts shall be
18 of ample area to pass the required quantity of air and shall be
19 kept clear of obstructions.
20 Section 233. Line brattice.
21 (a) General rule.--Substantially constructed line brattice
22 shall be used from the last open crosscut of an entry or room
23 when necessary or required by the department to provide adequate
24 ventilation for the workmen and to remove gases and explosive
25 fumes. When damaged by falls or otherwise, line brattice shall
26 be repaired promptly.
27 (b) Spacing.--The space between the line brattice and the
28 rib shall be large enough to permit the flow of a sufficient
29 volume of air to keep the working face clear of flammable and
30 noxious gases.
20080S0949B1675 - 78 -
1 (c) Construction material.--Brattice cloth used underground
2 shall be constructed of approved flame-resistant material.
3 Section 234. Auxiliary blowers and fans.
4 (a) Procedure.--
5 (1) The operator of a mine who desires to use in the
6 mine an auxiliary blower or exhaust fan shall submit to the
7 department a ventilation plan showing the proposed use of the
8 auxiliary blower or exhaust fan.
9 (2) The department shall review the plan and take one of
10 the following actions:
11 (i) Approve the plan.
12 (ii) Request additional information.
13 (iii) Disapprove the plan and set forth in writing
14 its reasons for the disapproval.
15 (3) In approving a plan, the department shall require
16 that an auxiliary blower or exhaust fan shall be:
17 (i) Powered by an approved motor when installed
18 underground.
19 (ii) Operated continuously while any work is being
20 performed in the area being ventilated by the blower or
21 fan.
22 (iii) Be so placed that recirculation of the air is
23 not possible.
24 (b) Time period for review.--The department shall approve or
25 disapprove a plan within 60 days after being initially submitted
26 by the operator.
27 Section 235. Unused and abandoned parts of mines.
28 An area that is not sealed shall be ventilated. Return air
29 may be used to ventilate the area. The department shall approve
30 a ventilation plan for an abandoned, unused or sealed part of a
20080S0949B1675 - 79 -
1 mine.
2 Section 236. Sewage dumping prohibited.
3 If any person shall construct or cause to be constructed for
4 use after the effective date of this section a sewer or other
5 method of drainage from a building or dwelling house for the
6 carrying of sewage, offal, refuse or other offensive matter into
7 any portion of an operating or abandoned mine, the person
8 commits a misdemeanor of the third degree.
9 Section 237. Fans.
10 (a) General rule.--The ventilation of a mine that extends
11 more than 200 feet underground and is opened after the effective
12 date of this section shall be produced by a mechanically
13 operated fan or fans. The fan or fans shall be kept in
14 continuous operation unless written permission to do otherwise
15 is granted by the department.
16 (b) Location.--Except as otherwise provided under subsection
17 (c), a main fan shall be:
18 (1) Located on the surface in fireproof housing offset
19 not less than 15 feet from the nearest side of the mine
20 opening.
21 (2) Equipped with fireproof air ducts provided with
22 explosion doors or a weakwall.
23 (3) Operated from a separate power circuit.
24 (c) Exception.--In lieu of the requirements for the location
25 of fans and pressure-relief facilities, a fan may be directly in
26 front of or over a mine opening if:
27 (1) The opening is not in direct line with possible
28 forces coming out of the mine if an explosion occurs.
29 (2) There is another opening having a weakwall stopping
30 or explosion doors that would be in direct line with forces
20080S0949B1675 - 80 -
1 coming out of the mine.
2 All main fans shall be provided with pressure-recording gauges
3 or water gauges.
4 (d) Recordkeeping and inspections.--
5 (1) A record of the charts shall be kept for one year.
6 (2) A daily inspection shall be made of all main fans
7 and connected machinery by a competent person and a record
8 kept of the inspection in a book prescribed for that purpose.
9 (e) Warning of fan interruption.--Approved facilities shall
10 be provided at a point or points under observation while men are
11 in the mine and shall give warning of an interruption to a fan.
12 Where such facilities are not provided, an attendant shall be
13 constantly kept on duty while individuals are working in the
14 mine.
15 Section 238. Measurement of methane.
16 The mine foreman or superintendent shall once each week
17 direct and see that the methane content of the ventilating
18 current or currents is determined by analyses or by an
19 instrument capable of accuracy to .1%. The samples or the
20 determinations shall be taken on the return end of the air
21 circuit or circuits just beyond the last working place, unless
22 otherwise directed by the department, and a correct report of
23 these determinations shall be promptly furnished to the
24 department. The determinations or samples shall be taken on days
25 when individuals are working and recorded in a book provided for
26 that purpose.
27 Section 239. Control of coal dust and rock dusting.
28 (a) Method of removal.--
29 (1) Dangerous accumulations of fine, dry coal dust shall
30 be removed from a mine or neutralized by the application of
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1 rock dust, and all dry and dusty operating sections and
2 haulageways and the back entries for at least 1,000 feet
3 outby the first active working place in each operating
4 section shall be kept watered down, rock dusted or dust
5 allayed by such other methods as may be approved by the
6 department.
7 (2) A mine or location in a mine that is too wet or too
8 high in incombustible content to initiate or propagate a coal
9 dust ignition need not be rock dusted during the time any of
10 those conditions prevail.
11 (3) Coal dust and other dust in suspension in unusual
12 quantities shall be allayed by sprinkling or other dust
13 allaying or collecting devices.
14 (b) Specifications.--
15 (1) In a dry and dusty mine or section thereof, rock
16 dust shall be applied and maintained upon the roof, floor and
17 sides of all operating sections, haulageways and parallel
18 entries connected thereto by open crosscuts. Back entries
19 shall be rock dusted for at least 1,000 feet out by the
20 junction with the first active working place.
21 (2) Rock dust shall be so applied to include the last
22 open crosscut of rooms and entries and to within 40 feet of
23 the faces. In mines where mining is done by continuous-type
24 mining machinery, the distances from the face to which rock
25 dust shall be applied shall be the mining distance for one
26 shift if:
27 (i) The active working place shall be kept from damp
28 to wet.
29 (ii) After coal production on any shifts has ceased,
30 an application of rock dust shall be made in the exposed
20080S0949B1675 - 82 -
1 area to within 40 feet of the face before additional
2 mining is performed in the area.
3 (3) Rock dust shall be maintained in such quantity that
4 the incombustible content of the mine dust shall not be less
5 than 65%.
6 (c) Composition of rock dust.--Rock dust shall not contain
7 more than 5% by volume of quartz or free silica particles and
8 shall be pulverized so that 100% will pass through a 20-mesh
9 screen and 70% or more will pass through a 200-mesh screen.
10 Section 240. Instruction of employees and examination of
11 working areas.
12 (a) General rule.--The mine foreman or assistant mine
13 foreman shall ascertain that all workmen are trained in the
14 proper methods of testing roof, face and ribs. The mine foreman
15 shall designate the tool or tools to be used for testing.
16 Employees whose work exposes them to hazards or falls of roof
17 and coal shall thoroughly test the roof, face and ribs before
18 starting to work or before starting a machine, and frequently
19 thereafter.
20 (b) Examination for date marks.--A miner shall examine his
21 place to determine whether the mine examiner has left the date
22 marks indicating his examination thereof. If date marks cannot
23 be found, the miner shall notify the mine foreman or assistant
24 mine foreman of that fact.
25 (c) Correction of unsafe roof, face or rib conditions.--
26 (1) If roof, face or rib conditions are found to be
27 unsafe, they shall be corrected by taking down loose material
28 or shall be securely supported before work is started.
29 (2) If roof, face or rib conditions are found to be
30 unsafe and normal taking down or supporting practices cannot
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1 correct the unsafe condition, the place shall be vacated and
2 guarded or a danger sign erected to prevent unauthorized
3 entrance and the certified mine official in charge promptly
4 shall be notified. Only individuals capable of correcting the
5 dangerous condition may be delegated to do such work.
6 (3) The certified mine official in charge shall examine
7 for unsafe conditions and the roof, faces, ribs and timbers
8 or supports of all working places each time they visit a
9 place. Unsafe conditions found shall be corrected promptly.
10 All employees shall notify the mine foreman or assistant mine
11 foreman of an unsafe condition in the mine when the condition
12 is known to them.
13 Section 241. Roof support.
14 (a) General rule.--The roof in an underground area shall be
15 supported as necessary for the protection of the employees and
16 equipment. A roof control plan suitable to the roof conditions
17 of each mine or part of a mine shall be adopted and complied
18 with by the operator. The department shall be notified of the
19 adoption of the plan of roof support, shall review the plan and:
20 (1) approve it;
21 (2) request additional information; or
22 (3) disapprove the plan and state in writing its reason
23 for the disapproval.
24 (b) Roof support plans to be posted.--Workmen whose work
25 involves roof support shall be informed of approved roof support
26 plans and the plans shall be posted. Additional roof supports
27 shall be used when and where necessary.
28 (c) Periodic revision and update of roof control plan.--
29 Every mine operator shall revise and update the roof control
30 plan every six months or more frequently if required to do so by
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1 the department. A copy of the plan shall be provided to the
2 representative of the miners ten days prior to submitting it to
3 the department for review and comment.
4 Section 242. Authorized explosives.
5 Permissible explosives, approved breaking devices or approved
6 blasting devices shall be used in underground mines.
7 Section 243. (Reserved).
8 Section 244. Underground storage of explosives.
9 (a) Placement.--Explosives and detonators stored underground
10 shall be:
11 (1) Kept in section boxes or magazines of substantial
12 construction with no metal exposed on the inside.
13 (2) Located at least 25 feet from roadways and power
14 wires in a well-rock-dusted location protected from falls of
15 roof.
16 (b) Separation.--If not kept in separate boxes or magazines
17 not less than five feet apart, the explosives and detonators may
18 be kept in the same box or magazine if separated by at least a
19 four-inch hardwood partition or the equivalent. The boxes or
20 magazines shall be kept at least 300 feet from the faces and out
21 of the direct line of blasting and shall be installed outby the
22 last permanent stopping and on intake air.
23 Section 245. Preparation of shots, blasting practices and
24 multiple shooting.
25 (a) Requirements.--
26 (1) Only certified shot-firers shall be permitted to
27 handle explosives and conduct blasting.
28 (2) Only electric detonators of proper strength fired
29 with approved shot-firing units shall be used, and drillholes
30 shall be solidly stemmed with at least 24 inches of
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1 incombustible material or at least one-half of the length of
2 the hole shall be solidly stemmed if the hole is less than
3 four feet in depth unless other approved stemming devices or
4 methods are used.
5 (3) Drillholes shall be of ample size and shall not be
6 drilled beyond the limits of the cut, and, as far as
7 practicable, cuttings and dust shall be cleaned from the
8 holes before the charge is inserted. Charges of explosives
9 exceeding one and one-half pounds shall be used only if
10 drillholes are six feet or more in depth.
11 (4) Ample warning shall be given before shots are fired,
12 and care shall be taken to determine that all persons are in
13 the clear before firing. Individuals shall be removed from
14 adjoining areas and other areas when there is danger of shots
15 blowing through.
16 (5) No shots shall be fired:
17 (i) In any area until the area has been properly
18 examined by the shot-firer.
19 (ii) In any area where gas can be detected by an
20 approved gas detection device.
21 (6) After firing any shot, the shot-firer shall make a
22 careful examination of the work area before leaving the area
23 or before performing any other work in the area.
24 (b) Plan to be submitted to department.--An operator of a
25 mine who desires to conduct multiple shooting shall submit to
26 the department for approval a plan indicating the manner and
27 details proposed to engage in multiple shooting.
28 (c) Prohibitions.--
29 (1) While boreholes are being charged, electrical
30 equipment shall not be operated in the work area, and only
20080S0949B1675 - 86 -
1 work in connection with roof support and general safety shall
2 be performed. Shots shall be fired promptly after charging.
3 (2) Mudcaps, adobes or any other unconfined shots shall
4 not be permitted in any bituminous coal mine.
5 (3) No solid shooting shall be permitted without
6 approval from the department. Where solid shooting is
7 practiced, blasting holes shall be stemmed the full length of
8 the hole.
9 (e) Blasting and shooting cables.--
10 (1) Blasting cables shall be well-insulated and shall be
11 at least 125 feet in length to permit persons authorized to
12 fire shots to get in a safe place out of the line of
13 blasting.
14 (2) Shooting cables shall be kept away from power wires
15 and all other sources of electric current, connected to the
16 leg wires by the person who fires the shot, staggered as to
17 length or well-separated at the detonator leg wires and
18 shunted at the battery end until ready to connect to the
19 blasting unit.
20 (3) Detonator leg wires shall be kept shunted until
21 ready to connect to the blasting cable.
22 Section 246. Transportation of explosives.
23 (a) Construction of containers.--
24 (1) Individual containers used to carry permissible
25 explosives or detonators shall be constructed of substantial,
26 nonconductive materials approved by the department, kept
27 closed and maintained in good condition. When explosives or
28 detonators are transported underground in cars moved by means
29 of powered haulage equipment, they shall be in cars having a
30 substantial covering or in special substantially built
20080S0949B1675 - 87 -
1 covered containers used specifically for transporting
2 detonators or explosives.
3 (2) Explosives or detonators shall not be hauled into or
4 out of the mine within five minutes preceding or following
5 individuals being transported.
6 (b) Prohibitions.--
7 (1) Neither explosives nor detonators shall be
8 transported on flight or shaking conveyors, mechanical
9 loading machines, locomotives, scrapers, cutting machines,
10 drill trucks or any self-propelled mobile equipment.
11 (2) No shot-firer shall carry into or have delivered to
12 him any larger quantity of explosives or detonators than the
13 shot-firer may reasonably expect to use in any one shift.
14 (c) Separation of explosives and detonators.--If explosives
15 and detonators are transported in the same explosives car or in
16 the same special container, they shall be separated by at least
17 four inches of hardwood partition or the equivalent. The bodies
18 of the cars or containers shall be constructed or lined with
19 nonconductive material.
20 Section 247. Electrical shot-firing.
21 Electricity from any grounded circuit shall not be used for
22 firing shots.
23 Section 248. General shot-firing rules.
24 (a) Ignited gas.--When gas is ignited by a blast or a fire
25 occurs, the shot-firer shall immediately extinguish it, if
26 possible, and if unable to do so shall immediately notify the
27 mine foreman of the fact and warn other persons in the vicinity
28 who might be endangered.
29 (b) Shot-firer to provide notice to others.--When a shot-
30 firer is about to fire a blast, he shall notify all persons who
20080S0949B1675 - 88 -
1 may be endangered and shall give sufficient alarm so that any
2 person approaching may be warned of the danger.
3 (c) Construction of charging and tamping tools.--All
4 charging and tamping tools shall be constructed of nonsparking
5 materials.
6 (d) Disconnection from electricity.--Immediately after the
7 firing of a shot, the firing leads shall be disconnected from
8 the supply or source of electricity and shunted.
9 (e) Preconditions to firing machine or battery.--No firing
10 machine or battery shall be connected to the shot-firing leads
11 unless:
12 (1) All other steps preparatory to the firing of a shot
13 have been completed.
14 (2) All persons have been moved to a place of safety.
15 (3) No person other than the shot-firer has made the
16 connection.
17 (f) Firing machine or battery in possession of shot-firer.--
18 The shot-firer shall keep the firing machine or battery in his
19 possession at all times while blasting.
20 (g) Testing of blasting devices.--Frequent tests shall be
21 made of all blasting devices to see that their capacity has not
22 been decreased by use or accident.
23 (h) Examinations for gas.--The shot-firer shall examine the
24 place for gas and other dangers before and after firing each
25 shot or blast.
26 Section 249. Hoisting equipment and operations.
27 (a) General duties of operator or superintendent.--
28 (1) The operator or superintendent of a bituminous coal
29 mine worked by shaft shall provide and maintain:
30 (i) A telephone or other means of communication from
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1 the top to the bottom and intermediate landings of the
2 shaft.
3 (ii) A standard means of signaling.
4 (iii) An effective safety catch, bridle chains,
5 automatic stopping device and automatic overwind.
6 (iv) A sufficient cover on every cage used for
7 lowering or hoisting persons.
8 (v) An effective safety gate at the top of the cage
9 shaft and intermediate landings controlled by the cage.
10 (vi) An adequate brake on the drum of every machine
11 used to lower or hoist persons in the shaft.
12 (2) The operator shall have the machinery used for
13 lowering and hoisting persons into or out of the mine kept in
14 safe condition and equipped with a reliable indicator. Cages
15 and elevators shall be inspected once in each 24 hours by a
16 competent person of the company or by a manufacturer's
17 representative and a safety catch test made every two months,
18 a record kept thereof and a copy sent to the mine inspector.
19 (3) (i) Where a hoisting engineer is required, he shall
20 be readily available at all times when individuals are in
21 the mine. The hoisting engineer shall operate the empty
22 cage up and down the shaft at least one round trip at the
23 beginning of each shift, after material has been lowered
24 or hoisted and after the hoist has been idle for one hour
25 or more before hoisting or lowering individuals.
26 (ii) Subparagraph (i) shall not apply to elevators
27 used exclusively for hoisting and lowering individuals.
28 (4) There shall be cut out around the side of the
29 hoisting shaft, or driven through the solid strata at the
30 bottom thereof, a travelingway not less than five feet high
20080S0949B1675 - 90 -
1 and three feet wide to enable a person to pass the shaft in
2 going from one side to the other without passing over or
3 under the cage or other hoisting apparatus.
4 (5) Positive stop blocks or derails shall be placed near
5 the top and bottom, at all intermediate landings of slopes
6 and surface inclines and at approaches to all shaft landings.
7 (6) A waiting station with sufficient room, ample
8 clearance from moving equipment and adequate seating
9 facilities shall be provided where individuals are required
10 to wait for man-trips or cages. The individuals shall remain
11 in the station until the man-trip or cage is available.
12 (7) No hoisting engineer shall be required for
13 automatically operated cages or elevators.
14 (b) Duties of mine foreman.--
15 (1) When hoisting or lowering of individuals occurs
16 during darkness, at any mine operated by shaft, the mine
17 foreman shall provide and maintain, at the shaft mouth, a
18 light of stationary character sufficient to show the landing
19 and all surrounding objects distinctly and sufficient light
20 of a stationary character shall be located at the bottom of
21 the shaft so that persons going to the bottom may clearly
22 discern the cages, elevators and other objects contiguous
23 thereto.
24 (2) The mine foreman shall see that:
25 (i) No cages or elevators on which individuals ride
26 are lifted or lowered at a rate of speed greater than 900
27 feet per minute.
28 (ii) No mine cars, either empty or loaded, are
29 hoisted or lowered on cages while individuals are being
30 lowered or hoisted.
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1 (iii) No cage having an unstable self-dump platform
2 shall be used for carrying individuals unless the cage is
3 provided with some device by which it may be securely
4 locked when individuals are being hoisted or lowered into
5 the mine.
6 (c) Ropes, links and chains.--
7 (1) In shafts where coal is hoisted and individuals
8 lowered into or hoisted from the mine, the ropes, links and
9 chains shall be of ample strength, with a factor of safety of
10 not less than five to one of the maximum load.
11 (2) In shafts used exclusively for lowering or hoisting
12 individuals and material, the factor of safety of ropes,
13 links and chains shall not be less than ten to one of the
14 maximum load.
15 (3) All ropes, links and chains shall be carefully
16 examined at least once every 24 hours by a competent person
17 delegated for that purpose by the superintendent.
18 (4) Any defect found from the examination, by which life
19 and limb may be endangered, shall be reported at once in
20 writing to the superintendent, who shall immediately proceed
21 to remedy the defect. Until that is accomplished, the
22 superintendent shall prohibit any person from being lowered
23 into or hoisted from the mine by the defective apparatus.
24 (5) The person making the examination shall keep a daily
25 record of each inspection, in ink, in a book kept at the mine
26 office for that purpose.
27 (d) Cage requirements.--
28 (1) (i) The operator or superintendent shall provide
29 every cage used for lowering or hoisting persons with
30 handrails at sides or overhead or additional suitable
20080S0949B1675 - 92 -
1 devices and with a bar or gate at ends.
2 (ii) Subparagraph (i) shall not apply to elevators
3 used exclusively for lowering and hoisting individuals.
4 (2) The ropes shall be securely attached to the sides of
5 the drum of every machine that is used for lowering and
6 hoisting persons or material into and out of the mine, and
7 the flanges shall have a clearance of not less than four
8 inches when the whole of the rope is wound on the drum.
9 (e) Signaling system.--
10 (1) In all shafts and slopes where persons, coal and
11 other materials are hoisted by machinery, a system of
12 signaling approved by the department shall be in effect. The
13 following code of signals shall be used:
14 (i) One signal to hoist the car or cage.
15 (ii) One signal to stop the car or cage when in
16 motion.
17 (iii) Two signals to lower the car or cage.
18 (iv) Three signals to hoist persons.
19 (2) The hoist operator shall signal back when ready,
20 after which the person shall get on the car or cage and then
21 one signal shall be given to hoist.
22 Section 250. Bottom person.
23 (a) Duties.--At every shaft or slope where persons are
24 lowered into or hoisted from the mine, a bottom person, who
25 shall be over 21 years of age, shall be designated by the mine
26 foreman. The bottom person shall:
27 (1) Be on duty when individuals are being hoisted or
28 lowered at the beginning and end of each shift.
29 (2) Personally attend to the signals and see that the
30 provisions of this act in respect to hoisting persons in
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1 shafts or slopes are complied with.
2 (3) Not allow any tools to be placed on the same cage
3 with persons or on either cage when they are being hoisted
4 out of the mine, except for the purpose of repairing the
5 shaft or machinery in the shaft. Individuals shall place
6 their tools in containers or cars provided for that purpose,
7 which containers or cars shall be hoisted before or after the
8 individuals have been hoisted.
9 (4) Immediately inform the mine foreman of any
10 violation.
11 (5) Not attempt to withdraw the car until the cage comes
12 to a rest.
13 (6) When putting the full car on the cage, see that the
14 springs or catches are properly adjusted so as to keep the
15 car in its proper place, before giving the signal to the
16 hoist operator.
17 (b) When bottom person not required.--No bottom person shall
18 be required for automatically operated cages or elevators.
19 Section 251. Number of persons to be hoisted.
20 (a) General rule.--No greater number of persons shall be
21 lowered or hoisted at any one time in any shaft or slope than is
22 permitted by the department. Whenever the number of persons
23 returning from work shall arrive at the bottom of the shaft or
24 slope in which persons are regularly hoisted or lowered, they
25 shall be promptly furnished with an empty cage, car or elevator
26 and be hoisted to the surface. In cases of emergency, a lesser
27 number than permitted shall be promptly hoisted.
28 (b) Posting of notice.--A notice of the number permitted to
29 be lowered or hoisted at any one time shall be posted by the
30 operator or superintendent in conspicuous places at the top and
20080S0949B1675 - 94 -
1 bottom of the shaft, and the cage or cages or other safe means
2 of egress shall be available at all times for the persons
3 employed in any mine that has no second outlet available.
4 Section 252. Top person.
5 (a) Duties.--At every shaft or slope where persons are
6 lowered into or hoisted from a mine, a top person or trip rider,
7 who shall be over 21 years of age, shall be designated by the
8 superintendent. The top person shall:
9 (1) Be on duty when individuals are being hoisted or
10 lowered at the beginning and end of each shift.
11 (2) Personally attend to the signals and see that the
12 provisions of this act in respect to lowering and hoisting
13 persons in shafts or slopes are complied with. The trip rider
14 may also perform this duty.
15 (3) Not allow any tools to be placed on the same cage
16 with persons or on either cage when persons are being lowered
17 into the mine, except for the purpose of repairing the shaft
18 or the machinery in the shaft. Individuals shall place their
19 tools in containers or cars provided for that purpose, which
20 containers or cars shall be lowered before or after the
21 individuals have been lowered.
22 (4) If located on a slope or incline plane, close the
23 safety block or other device as soon as the cars have reached
24 the landing in order to prevent any loose or runaway cars
25 from descending the slope or incline plane, and in no case
26 shall the safety block or other device be withdrawn until the
27 cars are coupled to the rope or chain and the proper signal
28 given.
29 (5) Carefully inspect each day all the machinery in and
30 about the headframe and the rope used, promptly report to the
20080S0949B1675 - 95 -
1 superintendent any defect discovered and securely attach the
2 cars to the rope before lowering them down the incline.
3 (6) Ring the alarm bell in case of an accident and, when
4 necessary, immediately set free the drop logs or safety
5 switch to act.
6 (7) If located in a shaft, see that the springs or keeps
7 for the cage rest upon and are kept in good working order.
8 (8) When taking off the full car, see that no coal or
9 other material falls down the shaft.
10 (b) When top person not required--No top person shall be
11 required for automatically operated cages or elevators.
12 (c) Reporting of persons crowding or pushing.--Any person
13 crowding or pushing to get on or off a cage, elevator or car,
14 thereby endangering life, shall be reported by any person to the
15 superintendent, who in turn shall report the incident to the
16 department for appropriate action.
17 Section 253. Use of competent hoist operators.
18 (a) Prohibitions.--
19 (1) No operator or superintendent of any bituminous coal
20 mine worked by shaft, slope or incline shall place in charge
21 of any hoist used for lowering or hoisting persons in the
22 mine competent hoisting operators who are under 21 years of
23 age.
24 (2) No hoist operator in charge of such machinery shall
25 allow any person, except as may be designated for this
26 purpose by the operator or superintendent, to interfere with
27 any part of the machinery.
28 (3) No person shall interfere with or intimidate the
29 hoist operator in the discharge of the duties of the hoist
30 operators.
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1 (4) No person shall ride on a loaded cage or car in any
2 shaft, slope or incline. This paragraph shall not be
3 construed to prevent a trip rider from riding during the
4 performance of his authorized duties.
5 (b) Special precautions.--When individuals are being lowered
6 or raised, the hoist operator shall take special precautions to
7 keep the hoist well under control.
8 Section 254. Clearances and shelter holes.
9 (a) Specifications for clearances.--
10 (1) Track switches, except room and entry development
11 switches, shall be provided with properly installed throws,
12 bridle bars and guard rails.
13 (2) Switch throws and stands, where possible, shall be
14 placed on the clearance side.
15 (3) Haulage roads shall have a continuous unobstructed
16 clearance of at least 30 inches from the widest extension of
17 regular coal transportation equipment on the clearance side.
18 On haulage roads where trolley lines are used, the clearance
19 shall be on the side opposite the trolley lines. The
20 clearance space on all haulage roads shall be kept free of
21 loose rock, coal, supplies or other materials, provided that
22 not more than 30 inches need be kept free of such
23 obstructions.
24 (4) Ample clearance shall be provided at all points
25 where supplies are loaded or unloaded along haulage roads or
26 conveyors.
27 (b) Specifications for shelter holes.--
28 (1) (i) Shelter holes shall be provided on the
29 clearance side along designated travelways, which are
30 also used as haulage entries, other than belt conveyor
20080S0949B1675 - 97 -
1 haulage entries.
2 (ii) Subparagraph (i) shall not apply to face area
3 or room haulageways.
4 (2) Shelter holes shall be spaced not more than 105 feet
5 apart unless otherwise approved by the department. Shelter
6 holes shall be at least five feet in depth, not more than
7 four feet in width, level with the roadway and at least four
8 feet in height.
9 (3) Crosscuts may be used as shelter holes even though
10 their width exceeds four feet and they shall be kept clear
11 for a depth of at least six feet.
12 (4) Shelter holes shall be kept clear of refuse and
13 other obstructions.
14 (5) Shelter holes shall be provided at switch throws and
15 at manually operated permanent doors.
16 Section 255. Underground haulage equipment.
17 (a) Maintenance.--Underground haulage equipment shall be
18 maintained in a safe operating condition. An audible warning
19 device and headlights shall be provided on each locomotive and
20 each shuttle car. Rerailing devices shall be provided on all
21 locomotives.
22 (b) Warnings to be sounded.--Operators of haulage equipment
23 shall sound a warning on approaching curves, intersections,
24 doors, curtains, manway crossings or any other location where
25 persons are likely to travel.
26 Section 256. Operation of haulage equipment.
27 (a) Duties of motormen and trip riders.--Motormen and trip
28 riders shall:
29 (1) Use care in handling locomotives and cars.
30 (2) See that the entire trip is coupled before starting.
20080S0949B1675 - 98 -
1 (3) See that there is a conspicuous light or other
2 device approved by the department, properly maintained, on
3 the front and rear of each trip or train of cars when in
4 motion.
5 (b) Prohibitions.--
6 (1) No person shall ride on locomotives unless granted
7 permission by the mine foreman.
8 (2) No person shall ride on any loaded car or on the
9 outside of any car.
10 (3) No motorman or trip rider shall get on or off a
11 locomotive while it is in motion.
12 (4) No person shall fly or run switches or ride on the
13 front bumper of a car. Back poling shall be permitted only to
14 the nearest turning point or when going up extremely steep
15 grades and then only cautiously and at slow speed. The
16 operator of a shuttle car shall face in the direction of
17 travel except during the loading operation when he may face
18 the loading machine.
19 (c) Duties of motormen.--Motormen shall:
20 (1) See that properly maintained safety devices are
21 placed on the last car of any trip being hauled upgrade, as
22 designated by the mine foreman and approved by the
23 department, on the front and rear of each trip or train of
24 cars when in motion.
25 (2) Inspect locomotives and report any mechanical
26 defects found to the proper mine official prior to operation.
27 The locomotive may not be operated until the defects are
28 corrected.
29 (3) If there is reason to leave a trip, see that the
30 trip is left in a safe place, secure from cars, locomotives
20080S0949B1675 - 99 -
1 or other dangers and where it will not endanger the operators
2 of other trips or other persons.
3 (d) System of signals, methods or devices.--A system of
4 signals, methods or devices shall be used to provide protection
5 for trips, locomotives and other equipment coming out onto
6 tracks used by other equipment. Where a dispatcher is employed
7 to control trips, traffic shall move only at his direction.
8 Section 257. Trip rider and hooker-on on rope haulage.
9 (a) Duties of trip rider.--The trip rider shall see that all
10 hitchings are safe for use and that the trip is coupled before
11 starting. If at any time the trip rider sees any material defect
12 in the rope, link or chain, he shall immediately remedy the
13 defect or, if he is unable to do so, shall detain the trip and
14 report the matter to the mine foreman or the assistant.
15 (b) Duties of hooker-on.--The hooker-on at the bottom of any
16 slope shall see that cars are properly coupled to a rope or
17 chain and that the safety catch or other device is properly
18 attached to the rear car before giving the signal to the
19 hoisting operator. The hooker-on shall not allow any person to
20 ride up the slope other than the trip rider.
21 Section 258. Transportation of individuals.
22 (a) General rule.--The speed of mantrips shall be governed
23 by the mine foreman, and mantrips shall be operated at safe
24 speeds consistent with the condition of roads and type of
25 equipment used. Each mantrip shall be under the charge of a
26 competent person designated by the mine foreman or the assistant
27 mine foreman and operated independently of any loaded trip of
28 coal or other heavy material, but may transport tools, small
29 machine parts and supplies.
30 (b) Prohibition.--No person shall:
20080S0949B1675 - 100 -
1 (1) Ride under the trolley wire unless suitable covered
2 mantrips are used.
3 (2) Load or unload before the cars in which they are to
4 ride or are riding come to a full stop. Individuals shall
5 proceed in an orderly manner to and from mantrips.
6 (c) Adequate clearance and proper illumination.--Adequate
7 clearance and proper illumination shall be provided where
8 individuals load or unload mantrips.
9 (d) Adequate precautions.--Adequate precautions shall be
10 taken so that moving trips and standing cars are subject to
11 proper control by derailing or braking devices.
12 Section 259. Conveyor belts and conveyor equipment.
13 (a) Specifications.--
14 (1) Except as otherwise provided under paragraph (2),
15 all conveyor entries shall be provided with a minimum width
16 and height of not less than four feet for travel and, in
17 conveyor entries in which track is installed, the minimum
18 amount of clearance width shall not be less than two and one-
19 half feet, which clearance width shall be continuous
20 throughout the entry.
21 (2) In lieu of maintaining four feet of height in
22 conveyor entries, a minimum height of three feet and a
23 minimum width of four feet may be maintained, provided the
24 operator furnishes a mode of conveyance for men and material
25 other than on the conveyor. All such travel space and
26 clearance space shall be kept free of all forms of
27 obstruction underfoot and from electric wires and electric
28 cables. A space of not less than four feet in width shall be
29 provided for travel from the immediate entrance of each
30 working place to the face thereof, which space shall be kept
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1 free of all forms of obstruction underfoot and free from
2 electric wires and electric cables.
3 (b) Cross points.--At all points where individuals must of
4 necessity cross conveyors, the conveyor at the point where the
5 crossing is made shall be so arranged that individuals can cross
6 safely and conveniently without coming into contact with the
7 conveyor.
8 (c) Automatic stop control.--Conveyors shall be equipped
9 with an automatic control that will stop the driving motor in
10 case of slipping on the drive pulley, and the control shall be
11 tested each operating shift to ascertain that it is in good
12 operating condition.
13 (d) Electric wires and cables.--All electric wires or
14 electric cables in completed portions of conveyor entries shall
15 be carried on insulators.
16 (e) Control lines.--Control lines shall be installed the
17 full length of the belt.
18 (g) Point type heat sensors.--Point type heat sensors shall
19 not be used as the primary type of fire sensors in any mine
20 opened more than six months after the effective date of this
21 section.
22 Section 260. Blowtorches and fuel.
23 No blowtorch may be used in a mine.
24 Section 261. Oxygen and gas containers.
25 (a) General rule.--A substantial insulated container
26 provided with a cover and specially designed for safe
27 transportation of the cylinders shall be used in transporting
28 oxygen and gas tanks or cylinders in all bituminous coal mines.
29 (b) Identification.--All oxygen and gas tanks or cylinders
30 shall be clearly identified.
20080S0949B1675 - 102 -
1 Section 262. Transportation of oxygen and gas.
2 (a) General rule.--Transportation of oxygen and gas tanks or
3 cylinders shall be permitted on self-propelled machinery or belt
4 conveyors specially equipped for safe holding of the containers
5 in transportation. In no instance shall such transportation be
6 permitted in conjunction with any mantrip.
7 (b) Marking of empty tanks and cylinders.--Empty oxygen and
8 gas tanks or cylinders shall be marked "empty" and shall be
9 removed from the mine promptly in proper containers. The valve
10 protection caps shall be placed on all tanks or cylinders for
11 which caps are provided when not in use and when being
12 transported. No oxygen and gas tanks or cylinders shall be
13 transported with the hoses and gauges attached.
14 (c) Identification of tanks and cylinders.--All oxygen and
15 gas tanks or cylinders shall be clearly identified.
16 Section 263. Storage of oxygen and gas.
17 (a) General rule.--All oxygen and gas tanks or cylinders
18 shall be properly secured and protected against possible damage
19 when stored in and about bituminous coal mines. When oxygen and
20 gas tanks or cylinders are stored in underground shops or
21 surface structures, they shall be protected from damage by
22 falling material and secured in an upright position. Not more
23 than a one-week supply of oxygen or gas shall be stored in any
24 underground or surface shop. This quantity shall be determined
25 in agreement with the department.
26 (b) Valves and hoses.--The valves on oxygen and gas tanks or
27 cylinders shall be closed. The hoses shall be removed when not
28 in actual use, except in a properly ventilated and protected
29 underground machine shop or surface structure. Valves on empty
30 tanks or cylinders shall be kept closed.
20080S0949B1675 - 103 -
1 Section 264. Use of oxygen and gas.
2 (a) General rule.--Oxygen and gas tanks or cylinders and
3 their contents must be used solely for their intended purposes.
4 (b) Training and clothing.--A person assigned to use and
5 work with oxygen or gas shall be properly trained and skilled in
6 its use and shall be fully conversant with the danger of its
7 misuse. Any person using oxygen or gas in and about a bituminous
8 coal mine shall be provided with goggles or shields, and the
9 clothing of such person shall be reasonably free of oil and
10 grease.
11 (c) Lighting of torches.--Only a safe type of spark-lighter
12 shall be used for lighting torches. The use of matches,
13 cigarette lighters, electric arcs or hot metal to light or
14 relight a torch is prohibited.
15 (d) Maintenance.--The oxygen or gas hose lines, gauges and
16 similar equipment shall be maintained in safe operating
17 condition. Defective tanks, cylinders, gauges, hose lines,
18 torches and similar equipment shall be taken out of service upon
19 discovery and shall not be put into use until corrected and made
20 safe.
21 (e) Multiple units permitted.--
22 (1) Multiple units consisting of one gas tank and one
23 oxygen tank are permitted in a working section when
24 necessary. When not in use, the tanks shall be removed to a
25 point outby the last open crosscut and kept away from power
26 wires and electric equipment. A proper storage area must be
27 provided.
28 (2) This subsection does not apply to oxygen tanks used
29 to provide breathable air in the event of an emergency.
30 (f) Pressure.--Neither oxygen nor gas shall be used under
20080S0949B1675 - 104 -
1 direct pressure from tanks or cylinders but must be used under
2 reduced pressure not exceeding pressures recommended by the
3 manufacturer of the oxygen or gas.
4 (g) Working sections.--Oxygen or gas cutting, burning or
5 welding shall be done in fresh intake air only in working
6 sections. The area where the work is to be done shall be
7 examined by a mine official before, during and after the welding
8 or burning to assure that no fire or other danger exists. In the
9 event the equipment to be repaired cannot be removed from the
10 face area to outby the last open crosscut, the following shall
11 be satisfied:
12 (1) Fresh intake air shall be established to a point
13 inby where the cutting or welding is to be performed.
14 (2) An approved gas detection device shall be used by a
15 mine official for gas detection during the cutting and
16 welding operation.
17 (3) No person shall be permitted inby the point in the
18 working section where cutting or welding operations are being
19 performed.
20 (h) Safety requirements.--
21 (1) When oxygen or gas cutting, burning or welding is
22 being done, a suitable fire extinguisher shall be kept on
23 hand and ready for use. In dry or dusty locations, a water
24 line and tap under pressure or an adequate supply of rock
25 dust shall be available in the area where such work is
26 performed.
27 (2) Neither oxygen nor gas shall be used near oil,
28 grease or fine coal dust unless the oil, grease or fine coal
29 dust is adequately cleaned or made inert by the use of rock
30 dust or the area where the work is to be done is thoroughly
20080S0949B1675 - 105 -
1 wetted.
2 (i) Intake air activity.--Oxygen or gas cutting, burning or
3 welding shall be done in intake air only. Underground shops
4 where oxygen gas burning occurs shall be on a separate split of
5 air.
6 (j) Tests for leaks.--Tests for leaks on hose valves or
7 gauges shall be made only with a soft brush and soapy water or
8 soapsuds.
9 (k) Torch-tip cleaners.--An efficient and proper type torch-
10 tip cleaner shall be kept on hand and used to maintain each
11 torch in safe operating condition. A suitable wrench designed
12 for oxygen and gas tanks shall be in the possession of the
13 person authorized to use the equipment.
14 (l) Manifolding cylinders.--The practice known as
15 "manifolding cylinders" shall be permitted if the installation
16 is solidly grounded and operation thereof is in accordance with
17 recognized safe procedures.
18 (m) Protection from power lines.--Oxygen and gas tanks or
19 cylinders shall be protected from power lines or energized
20 electrical machinery or equipment, and such tanks or cylinders
21 shall be kept away from the place where the cutting is being
22 done in order to prevent damage or accident and to prevent heat
23 from affecting such tanks or cylinders.
24 Section 265. Duties of persons subject to this act.
25 It shall be the duty of each operator, superintendent, mine
26 foreman, assistant mine foreman and mine examiners and other
27 officials to comply with and to see that others comply with the
28 provisions of this act. It shall be the duty of all employees to
29 comply with this act and to cooperate with management and the
30 department in carrying out its provisions. Reasonable rules and
20080S0949B1675 - 106 -
1 regulations of an operator for the protection of employees and
2 preservation of property that are in harmony with the provisions
3 of this act and other applicable laws shall be complied with.
4 Section 266. Protective clothing.
5 (a) Goggles.--Welders and helpers shall use proper shields
6 or goggles to protect their eyes. All employees shall have
7 approved goggles or eye shields and use them where there is a
8 hazard from flying particles or other eye hazards.
9 (b) Snug-fitting clothing.--Employees engaged in haulage
10 operations and all other persons employed around moving
11 equipment on the surface and underground shall wear snug-fitting
12 clothing.
13 (c) Gloves.--Protective gloves shall be worn when material
14 which may injure hands is handled, but gloves with gauntlet
15 cuffs shall not be worn around moving equipment.
16 (d) Protective hats.--All persons shall wear protective hats
17 while underground and while on the surface where falling objects
18 may cause injury.
19 (e) Protective footwear.--Protective footwear shall be worn
20 by employees, officials and others while on duty in and around a
21 bituminous coal mine.
22 Section 267. Checking systems.
23 Each bituminous coal mine shall have a check-in and check-out
24 system that will provide positive identification upon the person
25 of every individual underground. An accurate record of the
26 individuals in the mine, which shall consist of a written
27 record, a check board, a time clock record or another approved
28 method shall be kept on the surface in a place that will not be
29 affected in the event of an emergency. The record shall bear a
30 number or name identical to the identification check carried by
20080S0949B1675 - 107 -
1 or fastened to the belt of all persons going underground.
2 Section 268. Prohibitions regarding endangering security of
3 mine.
4 (a) Prohibitions regarding ventilation.--No miner, worker or
5 other person shall knowingly damage, obstruct or remove any
6 shaft, lamp, instrument, air course or other equipment, obstruct
7 or disrupt any portion of the mine's ventilation, carry open
8 lights, open a door closed for directing ventilation and not
9 close it again or enter any part of a mine that has been
10 dangered off. No person shall deface, pull down or destroy any
11 notice boards, record books or mine maps.
12 (b) Smoking prohibition.--Open lights, smoking and smokers'
13 articles, including matches, are prohibited in bituminous coal
14 mines. No person shall at any time enter a mine with or carry
15 into the mine any matches, pipes, cigars, cigarettes or any
16 device for making lights or fire not approved. In all mines the
17 operator may search or cause to be searched any person,
18 including his clothing and material belongings, entering or
19 about to enter the mine, or inside the mine, to prevent such
20 person from taking or carrying into the mine any of the articles
21 prohibited by this subsection.
22 (c) Intoxicated persons.--No person under the influence of
23 alcohol or a controlled substance shall enter into or loiter
24 about any mine. No person shall have in his possession alcohol
25 or controlled substances while in or about the mine premises.
26 This provision shall not apply to the use of medication as
27 prescribed for that person.
28 Section 269. Responsibility for care and maintenance of
29 equipment.
30 Equipment operators shall exercise reasonable care in the
20080S0949B1675 - 108 -
1 operation of the equipment entrusted to them and shall promptly
2 report defects known to them.
3 Section 270. Control of dust and other inhalation hazards.
4 Individuals exposed for short periods to gas, dust, fume and
5 mist inhalation hazards shall wear approved respiratory
6 equipment. When exposure is for prolonged periods, dust shall be
7 controlled by the use of approved dust collectors or by water or
8 other approved methods.
9 Section 271. Safeguards for mechanical equipment.
10 (a) Locking.--The cutting devices of mining machines shall
11 be locked securely by mechanical means or electrical interlocks
12 while the machines are parked or being trammed. Loading machines
13 shall not be trammed with loading arms in motion except when
14 loading materials.
15 (b) Guarding.--Belt chain or rope drives and the moving
16 parts of machinery which are within seven feet of the floor,
17 ground or platform level, unless isolated, shall be guarded
18 adequately. Repair pits shall be kept covered or guarded at all
19 times when not in use. Machinery shall not be lubricated or
20 repaired while in motion, except where safe remote lubricating
21 devices are used. Machinery shall not be started until the
22 person lubricating or repairing it has given a clear signal.
23 Guards that have been removed shall be replaced before the
24 machinery is again put into use. Provision shall be made to
25 prevent accumulation of spilled lubricants.
26 (c) Grinders.--Mechanically operated grinding wheels shall
27 be equipped with safety washers and substantial retaining hoods
28 covering two-thirds of the circumference of the wheel, and
29 goggles or eye shields shall be used. Where stationary grinders
30 are used, a tool rest shall be provided and the clearance
20080S0949B1675 - 109 -
1 between the wheel and tool rest shall not exceed one thirty-
2 second of an inch.
3 Section 272. First aid equipment.
4 In every bituminous coal mine where individuals are employed
5 underground and in every active section of the mine, it shall be
6 the duty of the operator or superintendent of the mine to keep
7 on hand properly constructed stretchers, woolen and waterproof
8 blankets and all requisites for use in case of emergency. No
9 first aid material shall be removed or diverted without
10 authorization, except in case of accident in or about the mine.
11 It shall be the duty of the operator or superintendent to have
12 adequate ambulance service available promptly in the event of
13 injury to any employee.
14 Section 273. Fire protection.
15 (a) Firefighting equipment.--Each mine shall be provided
16 with suitable firefighting equipment adapted for the size and
17 conditions of the mine.
18 (b) Standards for firefighting equipment.--At a minimum,
19 firefighting equipment shall meet the following:
20 (1) Waterlines shall be capable of delivering 50 gallons
21 of water per minute at a nozzle pressure of 50 pounds per
22 square inch.
23 (2) A portable water car shall be of at least 1,000
24 gallons capacity and shall have at least 300 feet of fire
25 hose with nozzles. A portable water car shall be capable of
26 providing a flow through the hose of 50 gallons of water per
27 minute at a nozzle pressure of 50 pounds per square inch.
28 (3) A portable chemical car shall carry enough chemicals
29 to provide a fire extinguishing capacity equivalent to that
30 of a portable water car.
20080S0949B1675 - 110 -
1 (4) A portable foam-generating machine or device shall
2 have facilities and equipment for supplying the machine with
3 30 gallons of water per minute at 30 pounds per square inch
4 for a period of 35 minutes.
5 (5) A portable fire extinguisher shall be either:
6 (i) A multipurpose dry chemical type containing a
7 nominal weight of five pounds of dry powder and enough
8 expellant to apply the powder.
9 (ii) A foam-producing type containing at least 2.5
10 gallons of foam-producing liquids and enough expellant to
11 supply the foam.
12 (6) Only fire extinguishers approved by the Underwriters
13 Laboratories, Inc., or Factory Mutual Research Corp.,
14 carrying appropriate labels as to the type and purpose shall
15 be used. All portable fire extinguishers shall have a 2A 10
16 BC or higher rating.
17 (7) The fire hose shall be lined with a flame-resistant
18 material. The cover shall be polyester or other material with
19 flame-spread qualities and mildew resistance equal or
20 superior to polyester. The bursting pressure shall be at
21 least four times the water pressure at the valve to the hose
22 inlet with the valve closed, and the maximum water pressure
23 in the hose nozzle shall not exceed 100 pounds per square
24 inch.
25 (c) Working sections.--
26 (1) Each working section of a mine producing 300 tons or
27 more per shift shall be provided with two portable fire
28 extinguishers and 240 pounds of rock dust in bags or other
29 suitable containers. Water lines shall extend to each section
30 loading point and be equipped with enough fire hose to reach
20080S0949B1675 - 111 -
1 each working face unless the section loading point is
2 provided with one of the following:
3 (i) two portable water cars;
4 (ii) two portable chemical cars; or
5 (iii) one portable water car or one portable
6 chemical car, and either:
7 (A) a portable foam-generating machine; or
8 (B) a portable high-pressure rock-dusting
9 machine fitted with at least 250 feet of hose and
10 supplied with at least 60 bags of rock dust.
11 (2) Each working section of a mine producing less than
12 300 tons of coal per shift shall be provided with:
13 (i) Two portable fire extinguishers.
14 (ii) Two hundred and forty pounds of rock dust in
15 bags or other suitable containers.
16 (iii) At least 500 gallons of water and at least
17 three pails of ten-quart capacity. In lieu of the 500-
18 gallon water supply, a water line with sufficient hose to
19 reach the working places, a portable water car with a
20 500-gallon capacity or a portable all-purpose dry powder
21 chemical car of at least 125 pounds capacity may be
22 provided.
23 (d) Belt conveyors.--In all mines, water lines shall be
24 installed parallel to the entire length of belt conveyors and
25 shall be equipped with fire hose outlets with valves at 300-foot
26 intervals along each belt conveyor and at tailpieces. At least
27 500 feet of fire hose with fittings suitable for connection with
28 each belt conveyor water line system shall be stored at
29 strategic locations along the belt conveyor. Water lines may be
30 installed in entries adjacent to the conveyor entry belt as long
20080S0949B1675 - 112 -
1 as the outlets project into the belt conveyor entry.
2 (e) Haulage tracks.--
3 (1) In a mine producing 300 tons of coal or more per
4 shift, water lines shall be installed parallel to all haulage
5 tracks using mechanized equipment in the track or adjacent
6 entry and shall extend to the loading point of each working
7 section. Water lines shall be equipped with outlet valves at
8 intervals of not more than 500 feet, and 500 feet of fire
9 hose with fittings suitable for connection with such water
10 lines shall be provided at strategic locations. Two portable
11 water cars, readily available, may be used in lieu of water
12 lines prescribed under this paragraph.
13 (2) In a mine producing less than 300 tons of coal per
14 shift, there shall be provided at 500-foot intervals in all
15 main and secondary haulage roads:
16 (i) a tank of water of at least 55-gallon capacity
17 with at least three pails of not less than ten-quart
18 capacity; or
19 (ii) not less than 240 pounds of bagged rock dust.
20 (f) Transportation.--Each track or off-track locomotive,
21 self-propelled mantrip car or personnel carrier shall be
22 equipped with one portable fire extinguisher.
23 (g) Electrical installations.--
24 (1) Two portable fire extinguishers or one extinguisher
25 having at least twice the minimum capacity specified for a
26 portable fire extinguisher specified in subsection (b)(5)
27 shall be provided at each permanent electrical installation.
28 (2) One portable fire extinguisher and 240 pounds of
29 rock dust shall be provided at each temporary electrical
30 installation.
20080S0949B1675 - 113 -
1 (h) Oil storage stations.--Two portable fire extinguishers
2 and 240 pounds of rock dust shall be provided at each permanent
3 underground oil storage station. One portable fire extinguisher
4 shall be provided at each working section where 25 gallons or
5 more of oil is stored in addition to extinguishers required
6 under subsection (c).
7 (i) Welding, cutting and soldering.--One portable fire
8 extinguisher or 240 pounds of rock dust shall be provided at
9 locations where welding, cutting or soldering with arc or flame
10 is being done.
11 (j) Power lines.--At each wooden door through which power
12 lines pass, there shall be one portable fire extinguisher or 240
13 pounds of rock dust within 25 feet of the door on the intake air
14 side.
15 (k) Emergency materials.--
16 (1) At a mine producing 300 tons of coal or more per
17 shift, there shall be readily available the following
18 materials at locations not exceeding two miles from each
19 working section:
20 (i) One thousand board feet of brattice boards.
21 (ii) Two rolls of brattice cloth.
22 (iii) Two handsaws.
23 (iv) Twenty-five pounds of 8d nails.
24 (v) Twenty-five pounds of 10d nails.
25 (vi) Twenty-five pounds of 16d nails.
26 (vii) Three claw hammers.
27 (viii) Twenty-five bags of wood fiber plaster or ten
28 bags of cement, or equivalent material for stoppings.
29 (ix) Five tons of rock dust.
30 (2) At a mine producing less than 300 tons of coal per
20080S0949B1675 - 114 -
1 shift, the materials set forth in this subsection shall be
2 available at the mine, provided, however, that the emergency
3 materials for one or more mines may be stored at a central
4 warehouse or building supply company and the supply must be
5 the equivalent of that required for all mines involved and
6 within an hour's delivery time from each mine. This exception
7 shall not apply where the active working sections are more
8 than two miles from the surface.
9 (l) Condition and examination of firefighting equipment.--
10 All firefighting equipment shall be maintained in a usable and
11 operative condition. Chemical extinguishers shall be examined
12 every six months, and the date of the examination shall be
13 written on a permanent tag attached to the extinguisher.
14 (m) Branch lines.--As a part of the deluge-type water spray
15 system, two or more branch lines of nozzles shall be installed.
16 The maximum distance between nozzles shall not exceed eight
17 feet.
18 (n) Installation of foam generator systems.--
19 (1) Foam generator systems shall be located so as to
20 discharge foam to the belt drive, belt take-up, electrical
21 controls, gear-reducing unit and conveyor belt.
22 (2) Foam generator systems shall be equipped with a fire
23 sensor which actuates the system, and each system shall be
24 capable of producing and delivering the following amounts of
25 foam within five minutes:
26 (i) At fire-resistant belt installations, an amount
27 which will fully envelop the belt drive, belt take-up,
28 electrical controls, gear-reducing unit and conveyor belt
29 over a distance of 50 feet.
30 (ii) At non-fire-resistant belt installations, an
20080S0949B1675 - 115 -
1 amount which will fully envelop the belt drive, belt
2 take-up electrical controls, gear-reducing unit and
3 conveyor belt over a distance of 150 feet.
4 (3) The foam generator shall be equipped with a warning
5 device designed to stop the belt drive when a fire occurs,
6 and all such warning devices shall be capable of giving both
7 an audible and visual signal when actuated by fire.
8 (4) Water, power and chemicals required shall be
9 adequate to maintain water or foam flow for no less than 25
10 minutes.
11 (5) Water systems shall include strainers with a flush-
12 out connection and a manual shut-off valve.
13 (o) Water sprinkler systems.--Water sprinkler systems may be
14 installed to protect main and secondary belt-conveyor drives,
15 however, where such systems are employed, they shall be
16 installed and maintained in accordance with subsections (p),
17 (q), (r), (s) and (t).
18 (p) Installation of water sprinkler systems.--
19 (1) The fire-control components of each water sprinkler
20 system shall be installed, as far as practicable, in
21 accordance with the recommendations set forth in the National
22 Fire Protection Association, Code No. 13, entitled
23 "Installation of Sprinkler Systems," in effect at the time of
24 installation, and such systems' components shall be of a type
25 approved by the Underwriters Laboratories, Inc., Factory
26 Mutual Research Corporation.
27 (2) Each sprinkler system shall provide protection for
28 the motor drive belt take-up, electrical controls, gear-
29 reducing unit and 50 feet of fire-resistant belt or 150 feet
30 of non-fire-resistant belt adjacent to the belt drive.
20080S0949B1675 - 116 -
1 (3) The components of each water sprinkler system shall
2 be located so as to minimize the possibility of damage by
3 roof fall or by the moving belt and its load.
4 (q) Arrangement of sprinklers.--
5 (1) At least one sprinkler shall be installed above each
6 belt drive, belt take-up, electrical control and gear-
7 reducing unit, and individual sprinklers shall be installed
8 at intervals of no more than eight feet along all conveyor
9 branch lines.
10 (2) Two or more branch lines, at least one of which
11 shall be above the top belt and one between the top and
12 bottom belt, shall be installed in each sprinkler system to
13 provide a uniform discharge of water to the belt surface.
14 (3) The water discharge rate from the sprinkler system
15 shall not be less than .25 gallon per minute per square foot
16 of the top surface of the top belt, and the discharge shall
17 be directed at both the upper and bottom surfaces of the top
18 belt and to the upper surface of the bottom belt. The supply
19 of water shall be adequate to provide a constant flow of
20 water for ten minutes with all sprinklers functioning.
21 (4) Each individual sprinkler shall be activated at a
22 temperature of not less than 150 degrees Fahrenheit and not
23 more than 300 degrees Fahrenheit.
24 (5) Water systems shall include strainers with a flush-
25 out connection and a manual shutoff valve.
26 (r) Backup water system.--One fire hose outlet together with
27 a length of hose capable of extending to the belt drive shall be
28 provided within 300 feet of each belt drive.
29 (s) Fire warning devices at belt drives.--Each water
30 sprinkler system shall be equipped with a device designed to
20080S0949B1675 - 117 -
1 stop the belt drive in the event of a rise in temperature, and
2 each warning device shall be capable of giving both an audible
3 and visual warning when a fire occurs.
4 (t) Examination and test.--Each water sprinkler system shall
5 be examined weekly, and a functional test of the complete system
6 shall be conducted at least once each year.
7 (u) Equivalent dry-pipe system.--Where water sprinkler
8 systems are installed to protect main and secondary belt
9 conveyor drives and freezing temperatures prevail, an equivalent
10 dry-pipe system may be installed.
11 (v) Dry-powder chemical systems.--Self-contained dry-powder
12 chemical systems may be installed to protect main and secondary
13 belt conveyor drives; however, where self-contained dry-powder
14 chemical systems are employed, they shall be installed and
15 maintained in accordance with the provisions of subsections (w),
16 (x), (y), (z), (aa), (bb), (cc) and (dd).
17 (w) Installation of dry-powder chemical systems.--
18 (1) Self-contained dry-powder chemical systems shall be
19 installed to protect each beltdrive, belt take-up, electrical
20 controls, gear-reducing units and 50 feet of fire-resistant
21 belt or 150 feet of non-fire-resistant belt adjacent to the
22 belt drive.
23 (2) The fire control components of each dry-powder
24 chemical system shall be a type approved by the Underwriters
25 Laboratories, Inc., or Factory Mutual Engineering
26 Corporation.
27 (3) The components of each dry-powder chemical system
28 shall be located so as to minimize the possibility of damage
29 by roof fall or by the moving belt and its load.
30 (x) Construction of dry-powder chemical systems.--
20080S0949B1675 - 118 -
1 (1) Each self-contained dry-powder system shall be
2 equipped with hose or pipe lines which are no longer than
3 necessary.
4 (2) Metal piping and hose between control valves and
5 nozzles shall have a minimum bursting pressure of 500 pounds
6 per square inch.
7 (3) Hose shall be protected by wire braid or its
8 equivalent.
9 (4) Nozzles and reservoirs shall be sufficient in number
10 to provide maximum protection to each belt, belt take-up,
11 electrical controls and gear-reducing unit.
12 (5) Each belt shall be protected on the top surface of
13 both the top and bottom belts and the bottom surface of the
14 top belt.
15 (y) Sensing and fire-suppression devices.--
16 (1) Each self-contained dry-powder chemical system shall
17 be equipped with sensing devices which shall be designed to
18 activate the fire control system, sound an alarm and stop the
19 conveyor drive motor in the event of a rise in temperature,
20 and provision shall be made to minimize contamination of the
21 lens of any optical sensing device installed in the system.
22 (2) Where sensors are operated from the same power
23 source as the belt drive, each sensor shall be equipped with
24 a standby power source which shall be capable of remaining
25 operative for at least four hours after a power cutoff.
26 (3) Sensor systems shall include a warning indicator or
27 test circuit which shows it is operative.
28 (4) Each fire suppression system shall be equipped with
29 a manually operated control valve which shall be independent
30 of the sensor.
20080S0949B1675 - 119 -
1 (z) Dry powder requirements.--Each dry powder chemical
2 system shall contain the following minimum amounts of
3 multipurpose dry powder:
4 (1) One hundred and twenty-five pounds of dry powder for
5 fire resistant belts.
6 (2) Two hundred and twenty-five pounds of dry powder for
7 non-fire-resistant belts.
8 (aa) Nozzles, flow rate and direction.--The nozzles of each
9 dry-powder chemical system shall be capable of discharging all
10 powder within one minute after actuation of the system, and such
11 nozzles shall be directed so as to minimize the effect of
12 ventilation upon fire control.
13 (bb) Safeguards for dry-powder chemical systems.--Adequate
14 guards shall be provided along all belt conveyors in the
15 vicinity of each dry-powder chemical system to protect persons
16 whose vision is restricted by a discharge of powder from the
17 system. Handrails shall be installed in these areas to provide
18 assistance to those passing along the conveyor after a powder
19 discharge.
20 (cc) Backup water system.--One fire hose outlet, together
21 with a length of hose capable of extending to the belt drive,
22 shall be provided within 300 feet of each belt drive.
23 (dd) Inspection of dry-powder chemical systems.--
24 (1) Each dry-powder chemical system shall be examined
25 weekly, and a functional test of the complete system shall be
26 conducted at least once each year.
27 (2) Where the dry-powder chemical system has been
28 actuated, all components of the system shall be cleaned
29 immediately by flushing all powder from pipes and hoses, and
30 all hose damaged by fire shall be replaced.
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1 Section 274. Mine openings or outlets.
2 (a) Mine openings or outlets.--It shall be unlawful for the
3 operator, superintendent or mine foreman of a mine to employ any
4 person to work in the mine unless there are two openings or
5 outlets to the surface from every seam of coal being worked, and
6 available from every seam of coal entry, which openings or
7 outlets shall have distinct means of ingress and egress
8 available at all times for the use by the employees. The two
9 openings to the surface required by this section shall not be at
10 a common shaft, slope, or drift opening, except that multiple
11 compartment shafts or slopes separated by substantially
12 constructed walls of noncombustible material shall be considered
13 as two separate and distinct openings. The distance between two
14 shafts shall not be less than 200 feet, the distance between the
15 openings to the surface of slopes shall not be less than 150
16 feet and the distance between drifts shall not be less than 50
17 feet, provided that the distance between the openings shall
18 apply only to mines opened after the effective date of this act.
19 The distances specified may be less with the written consent of
20 the department. The passageways between the two shafts shall at
21 all times be maintained in safe and available condition for the
22 employees to travel, and the pillars in entries between the
23 shafts shall not be removed without the approval of the
24 department.
25 (b) Openings.--The requirements of subsection (a) shall not
26 apply to the openings of a new mine, or to the openings of a new
27 entry of an existing mine, that is being worked for the purpose
28 of making connection between the two outlets, as long as not
29 more than 20 persons are employed at any one time in making the
30 connection or driving the second opening. The requirements of
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1 subsection (a) shall apply to any mine in which the second
2 opening has been rendered unavailable by reason of the final
3 robbing or removing of pillars, as long as not more than 20
4 persons are employed in the mine at any one time.
5 (c) Safe egress.--Safe means of egress shall be available at
6 all times for the persons employed in a mine that has no second
7 outlet available.
8 (d) Entries.--Every mine shall have at least five main
9 entries, two of which shall lead from the main opening and two
10 of which shall lead from the second opening into the body of the
11 mine. The fifth, which may be connected with an opening to the
12 surface or with the intake airway at or near the main intake
13 opening, shall be used exclusively as a travelingway for the
14 employees.
15 (e) Intake and return entries.--The intake and return
16 entries shall be kept reasonably drained and reasonably free
17 from refuse and obstructions of all kinds, so that persons may
18 safely travel throughout their whole length and have a safe
19 means of egress from workings in case of emergency. The entries
20 shall be separated by pillars of coal of sufficient strength.
21 When the coal seam height is less than four and one-half feet,
22 employees shall be provided a means of transportation in and out
23 of the mine.
24 (f) Passageway between workings.--In every slope with
25 workings on both sides, an overpass or underpass not less than
26 five feet wide and five feet high shall be provided as a
27 passageway for the use of employees to cross from one side of
28 the slope to the other. The overpass or underpass shall connect
29 with available passageways leading to the workings on both sides
30 of the slope. The intervening strata between the slope and the
20080S0949B1675 - 122 -
1 overpass or underpass shall be of sufficient strength at all
2 points to insure safety to the employees, provided, however,
3 that if it is impracticable to drive an overpass or an underpass
4 in the solid, an overpass or underpass, if substantially built
5 with masonry or other incombustible material, will be deemed
6 sufficient.
7 (g) Shafts less than 100 feet deep.--If the opening or
8 outlet other than the main opening is a shaft not more than 100
9 feet in depth and is used by employees for the purpose of
10 ingress to or egress from the mine, it shall be kept available
11 and in safe condition, certified free from dangerous gases and
12 all obstruction, and shall be fitted with safe and convenient
13 stairways, with steps of an average tread of ten inches and a
14 rise of nine inches, not less than two feet in width and not to
15 exceed an angle of 45 degrees, and with landings not less than
16 24 inches in width and four feet in length, at easy and
17 convenient distances. Stairways shall be made safe by having
18 handrails of suitable material placed on one side, or on both
19 sides when requested by the department, and shall be inspected
20 every 24 hours by a certified mine official employed for that
21 purpose. Water that may come from the surface or from the strata
22 in the shaft shall be conducted away so it will not fall on the
23 stairways or on persons while descending or ascending them.
24 (h) Shafts more than 100 feet deep.--When a mine is operated
25 by a shaft more than 100 feet in depth, the persons employed in
26 the shaft shall be lowered and hoisted by means of machinery
27 unless the second opening is a drift or a slope. When the
28 employees are lowered into or hoisted from the mine at the main
29 shaft opening, the second opening, if a shaft, shall be supplied
30 with a stairway, constructed in the manner designated in this
20080S0949B1675 - 123 -
1 section or with suitable machinery for safely lowering and
2 hoisting persons in case of an emergency.
3 (i) Slope openings.--At any mine where one of the openings
4 required is a slope and is used as a means of ingress and egress
5 by the employees, and where the angle of descent of the slope
6 exceeds 15 degrees and its length from the mouth of the opening
7 exceeds 1,000 feet, the employees shall be lowered into and
8 hoisted from the mine at a speed not to exceed six miles per
9 hour. At any mine where the angle of descent of the slope
10 averages from five to 15 degrees and its length exceeds 3,000
11 feet, the employees shall be lowered into and hoisted from the
12 mine at a speed not to exceed six miles per hour, provided,
13 however, that when a separate travelingway is provided at any
14 such slope, the owner or operator may, at the owner's or
15 operator's option, be exempt from the requirements of this
16 section if the angle of the travelingway does not exceed 20
17 degrees.
18 Section 275. Mining close to abandoned workings.
19 The superintendent shall not permit the mining of coal in any
20 seam the entire distance to a permit boundary, not including
21 boundaries around reservations or along crop lines, when on the
22 adjoining property there are mine workings in the seam within
23 3,000 feet of the permit boundary. A barrier pillar shall be
24 left, from the operation to the permit boundary, of not less
25 than ten feet plus two feet for every foot or part of a foot of
26 thickness of the bed measured from the roof to the floor, plus
27 five feet for each 100 feet or part of 100 feet of cover over
28 the bed at the permit boundary. If the coal on one side of the
29 permit boundary has been mined, prior to the effective date of
30 this section, closer to the permit boundary than permitted, the
20080S0949B1675 - 124 -
1 barrier pillar to be left in the mine approaching the permit
2 boundary shall be at least equal, when added to that already
3 left in the adjoining mine, to that required on both sides of
4 the permit boundary. If, in the opinion of the department or the
5 superintendent of either mining property, the barrier pillar is
6 deemed insufficient, after due notice to the operator of the
7 adjoining mining property, one-half of the barrier pillar shall
8 be left on each side of the permit boundary, except as provided
9 in this section. The department, the superintendent or owner of
10 either mining property shall determine the thickness necessary
11 to afford safety and protection. If it is agreed by the
12 department and superintendents of the adjoining coal mining
13 properties that the permit boundary is so located that there is
14 no danger to property or lives in mining coal on either or both
15 sides of the permit boundary up to the permit boundary, then
16 mining to the permit boundary shall be lawful if all danger from
17 accumulated water and gas shall have first been removed by
18 driving a passageway to tap and drain off any accumulations of
19 water and gas, as provided for in this act.
20 Section 276. Lubrication and storage of flammable lubricants.
21 The oiling or greasing of any cars inside any mine is
22 strictly prohibited unless the place where the oil or grease is
23 used is thoroughly cleaned at least once a day to prevent the
24 accumulation of waste oil or grease. Not more than two days'
25 supply of flammable oil or lubricant shall be stored in any
26 portion of a mine unless it is kept in a fireproof building or a
27 structure cut out of solid rock. Oil or grease stored in the
28 face area shall be kept in approved containers and away from
29 power wires and electric equipment. Accumulations of spilled oil
30 or grease shall be rendered harmless. Excessive accumulations
20080S0949B1675 - 125 -
1 shall be removed from the mine. Closed metal containers shall be
2 provided for the storage of oily rags or waste until removed for
3 disposal. If any flammable oil or lubricants are stored
4 underground, all reasonable safety practices shall be observed
5 in order to minimize any dangers of fire.
6 Section 277. Approved lighting and gas detection devices in
7 mines.
8 (a) Lighting.--It shall be unlawful to use open lights in
9 mines, and only approved electric cap lamps, approved
10 flashlights, approved safety lamps and other approved lighting
11 equipment shall be used in mines.
12 (b) Gas detection devices.--All approved gas detection
13 devices used for examining mines shall be in the care of the
14 mine foreman or some other competent person appointed by the
15 mine foreman, who shall have a duty to examine, test and deliver
16 them in a safe condition to the individuals when entering the
17 mine and to receive gas detection devices from the individuals
18 when returning from work.
19 (c) Number of devices.--At every mine, a sufficient number
20 of approved gas detection devices shall be kept in good
21 condition for use in case of emergency.
22 (d) Entrusting of devices.--No approved gas detection
23 devices shall be entrusted to any person for use in a mine until
24 the person has given satisfactory evidence to the mine foreman
25 that he understands the proper use of the gas detection device
26 and the danger of tampering with the device.
27 (e) Duty to return device.--It shall be the duty of every
28 person who knows their approved gas detection device is
29 defective to return it immediately to a mine official.
30 Section 278. Unauthorized entry into mine.
20080S0949B1675 - 126 -
1 Any person who enters a mine without authorization from the
2 superintendent commits a misdemeanor of the second degree. This
3 section shall not be applicable to any person who enters a mine
4 in the performance of any duty imposed upon him by this act.
5 Section 279. Passing by or removing danger signals.
6 Except as specifically authorized in this act, no employee or
7 other person shall pass by any danger signal into any mine, or
8 into any portion of any mine, or remove any danger signal before
9 the mine or portion of the mine has been examined and reported
10 to be safe. Any employee or other person shall not pass by any
11 danger signal placed at the entrance to a working place, or any
12 other place in the mine, or remove the danger signal without
13 permission from the mine foreman, the assistant mine foreman or
14 the mine examiner.
15 Section 280. Miners to remain in work areas.
16 Each miner shall remain during working hours in the work area
17 assigned by the mine foreman or the assistant mine foreman.
18 Section 281. Sealing openings.
19 (a) Permanently abandoned shafts.--Every shaft permanently
20 abandoned and taken out of service shall be filled for a
21 distance of 25 feet with incombustible material.
22 (b) Out of service openings.--Every slope, drift or tunnel
23 permanently taken out of service shall be filled for a distance
24 of 25 feet with incombustible material.
25 (c) Drillholes and boreholes.--All drillholes and boreholes
26 permanently taken out of service after the effective date of
27 this act shall be effectively plugged or sealed.
28 (d) Openings available for future use.--Every shaft, slope,
29 drift or tunnel, temporarily taken out of service, which may be
30 used for future mining purposes shall be properly sealed or
20080S0949B1675 - 127 -
1 fenced.
2 Section 282. Ladders in mines.
3 Permanently installed ladders in mines that are more than ten
4 feet in length and set on an angle of 60 degrees or more with
5 the horizontal shall be provided with substantial backguards,
6 and all ladders shall be maintained in good repair.
7 Section 283. Inside structures to be of incombustible
8 materials.
9 All buildings or structures in any bituminous coal mine shall
10 be constructed of incombustible materials.
11 Section 284. Washhouses.
12 It shall be the duty of the operator or superintendent of a
13 mine to provide a suitable building, convenient to the principal
14 entrance of the mine, for the use of employees of the mine to
15 wash and change clothes. The building shall be maintained in
16 good order and be properly lighted and heated, shall be provided
17 with hot and cold running water and facilities for persons to
18 wash and shall include adequate sanitary facilities. The cost of
19 providing and maintaining the conveniences and facilities shall
20 be defrayed by the owner or operator of mine.
21 CHAPTER 3
22 ELECTRICAL EQUIPMENT
23 Section 301. Duties of mine foreman and superintendent.
24 It shall be the duty of the mine foreman and superintendent
25 to see that the requirements of this chapter for the
26 installation and maintenance of electrical equipment are
27 observed in and around coal mines.
28 Section 302. Definitions.
29 As used in this chapter, the following words and terms shall
30 have the meanings given to them in this section unless the
20080S0949B1675 - 128 -
1 context clearly indicates otherwise:
2 "Armored cable." A cable provided with a wrapping of metal,
3 usually steel wires or tapes, primarily for the purpose of
4 mechanical protection.
5 "Borehole cable." A cable designed for vertical suspension
6 in a borehole or shaft and is used for power circuits in a mine.
7 "Branch circuit." A tap taken off a main circuit.
8 "Cable sheath." A covering consisting of composition tapes,
9 compound jackets of natural or synthetic rubber, or
10 thermoplastic or fiber braids applied over the conductor
11 assembly and insulation of multiple conductor cables.
12 "Circuit breaker." A device which may be controlled by
13 relaying or protective equipment for interrupting a circuit
14 between separable contacts under normal or abnormal conditions.
15 "Delta-connected." A delta-connected power system is one in
16 which the windings of transformers or AC generators are
17 connected to form a triangular phase relationship, with the
18 phase conductors connected to each point of the triangle.
19 "Difference of potential." The difference of electrical
20 pressure or electromotive force existing between any two points
21 of an electrical system, or between any point of a system and
22 the earth, as determined by a voltmeter or other suitable
23 instrument.
24 "Effectively grounded." Grounded through a grounding
25 connection of sufficiently low impedance, inherent or
26 intentionally added, or both, so that fault grounds which may
27 occur cannot build up voltages in excess of limits established
28 for apparatus, circuits or systems so grounded.
29 "Electrical face equipment." Mobile or portable mining
30 machinery having electric motors or accessory equipment normally
20080S0949B1675 - 129 -
1 installed or operated inby the last open crosscut in any entry
2 or room.
3 "Electric system." All electric equipment and circuits that
4 pertain to the operation of the mine and are under control of
5 the mine management.
6 "Explosion-proof or flame-proof." Casings or enclosures
7 which, when completely filled with a mixture of methane and air
8 and the same exploded, are capable of either entirely confining
9 the products of the explosion within the casing or discharging
10 them from the casing so that they cannot ignite a mixture of
11 methane and air, combined in proportions most sensitive to
12 ignition and entirely surrounding the points of discharge, and
13 in most intimate proximity with the points of discharge.
14 "Flame-resistant cable." A cable that meets the MSHA testing
15 requirements for flame resistance and has been assigned an
16 approval. A cable shall also be considered flame-resistant if it
17 meets the criteria for flame resistance by a nationally
18 recognized testing lab that is equivalent to the MSHA testing
19 criteria and that is appropriately identified. All flame-
20 resistant cables used underground shall have the approval number
21 embossed or indented on the jacket at intervals not to exceed 12
22 feet.
23 "Ground." A conducting connection, whether intentional or
24 accidental, between an electric circuit or equipment and earth
25 or to some conducting body which serves in place of the earth.
26 "Grounding conductor." A metallic conductor used to connect
27 the metal frame or enclosure of an equipment, device or wiring
28 system with an effective grounding medium.
29 "High voltage." Voltage higher than 1,000 volts nominal.
30 "Lightning arrestor." A protective device for limiting surge
20080S0949B1675 - 130 -
1 voltages on equipment by discharging or bypassing surge current
2 and for preventing continued flow of current to ground.
3 "Low voltage." Voltage up to 660 volts nominal.
4 "Machine operator." A person who possesses a machine runners
5 certification and is placed in charge of a portable or mobile
6 face machine of any sort where a gas examination is required
7 under this act or regulations promulgated under this act.
8 "Medium voltage." Voltage from 661 to 1,000 volts nominal.
9 "Mine power center." A combined transformer and distribution
10 unit which may include a rectifier, complete within a metal
11 enclosure, from which one or more low-voltage, medium-voltage or
12 high-voltage power circuits are taken.
13 "Neutral." A neutral point of connection established through
14 the use of a grounding or zig-zag transformer with a normally
15 ungrounded delta power system.
16 "Neutral point." The connection point of transformer or
17 generator windings from which the voltage to ground is nominally
18 zero and is the point generally used for system grounding in a
19 wye-connected AC power system.
20 Nonmetallic armor." A tough outer covering or cable sheath
21 of rubber, rubber compound or thermoplastic designed to protect
22 the cable conductors and insulation from abrasion or other
23 damage from external sources.
24 "Portable trailing cable." A flexible cable or cord used for
25 connecting mobile, portable or stationary equipment in mines to
26 a trolley system or other external source of electric energy
27 where permanent mine wiring is prohibited or impracticable.
28 "Potential of a circuit." The voltage of a circuit machine
29 or any piece of electrical apparatus is the potential difference
30 normally existing between the conductors of such circuit or the
20080S0949B1675 - 131 -
1 terminals of the machine or apparatus.
2 "Primary ground." A low impedance ground bed or system
3 consisting of several interconnected ground rods or buried
4 conducting mesh, or both, located near an outdoor substation and
5 used as a lightning arrestor or station ground or, separately,
6 as a basic ground for one conductor of a power transmission or
7 distribution system. A single ground rod of any length is not
8 considered a primary ground.
9 "Protection." Fuses or other suitable automatic circuit-
10 interrupting devices for preventing damage to circuits,
11 equipment and abnormal personnel conditions, such as over-
12 current, high or low voltage and single phasing.
13 "Rectifiers." Alternating current to direct-current power
14 conversion devices of the mercury-arc, silicon, selenium or
15 other type.
16 "Shielded cable." A cable in which the insulated conductor is
17 covered with a conductive material for the purpose of clearing
18 ground faults.
19 "Voltage." The phase-to-phase or line-to-line root-mean-
20 square value assigned to a circuit or system for designation at
21 its voltage class. Actual voltage at which the circuit or
22 systems operated may vary from the normal voltage with a range,
23 which permits satisfactory operation of the equipment. The
24 difference of electrical pressure or electromotive force
25 existing between any two points of an electrical system, or
26 between any point of a system and earth, as determined by a volt
27 meter or other instrument. The term shall be synonymous the term
28 potential and shall mean electrical pressure.
29 "Wye-connected." A system in which one end of each phase
30 winding of transformers or AC generators are connected together
20080S0949B1675 - 132 -
1 to form a neutral point, and the other ends of the windings are
2 connected to the phase conductors.
3 "Zig-zag transformer." A three-phase transformer used to
4 provide a neutral point on delta systems and capable of carrying
5 continuously the maximum ground fault current of the system.
6 Section 303. Plan of electrical system.
7 A plan shall be kept at the mine showing the location of all
8 stationary electrical apparatuses in connection with the mine
9 electrical system, including permanent cables, conductors,
10 switches and trolley lines. The plan shall be of sufficient size
11 to show clearly the position of the apparatus, and the scale
12 shall not be less than 500 feet per inch. There shall be stated
13 on the plan the capacity in horsepower of each motor, and in
14 kilowatts of each generator, rectifier or transformer, and the
15 nature of its duty. The plans shall be corrected as often as may
16 be necessary to keep them up to date or at intervals not
17 exceeding six months.
18 Section 304. Protection against shock.
19 (a) Electrical work.--No electrical work shall be performed
20 on low-voltage, medium-voltage or high-voltage distribution
21 circuits or equipment except by a qualified person or by a
22 person trained to perform electrical work and to maintain
23 electrical equipment under the direct supervision of a qualified
24 person. Disconnecting devices shall be locked out and suitably
25 tagged by the persons who perform the work, except that in cases
26 where locking out is not possible, the devices shall be opened
27 and suitably tagged by such persons. Locks or tags shall be
28 removed only by the person who installed them or, if the persons
29 are unavailable, by persons authorized by the operator or the
30 operator's agent.
20080S0949B1675 - 133 -
1 (b) Insulating materials.--Mats of rubber, insulated
2 platform or other suitable insulating materials shall be
3 provided at all stationary transformers, rectifiers, motors and
4 generators and their controls, except portable and mobile
5 equipment. Gloves or mats of rubber or other suitable insulating
6 material shall be provided by the operator and used by qualified
7 persons when energized parts of electrical apparatus have to be
8 handled for the purpose of adjustment.
9 Section 305. Restoration from shock.
10 Instruction shall be posted in every generating, transforming
11 and motor room and at the entrance to the mine containing
12 directions as to the restoration of persons suffering from
13 electric shock. All employees working in connection with
14 electrical apparatus shall be familiar with and competent to
15 carry out the instructions.
16 Section 306. Report of defective equipment.
17 In the event of a breakdown or damage or injury to any
18 portion of the electrical equipment in a mine, overheating, the
19 appearance of sparks or arcs outside enclosed casings or in the
20 event of any portion of the equipment not a part of the
21 electrical circuit becoming energized, the equipment shall be
22 disconnected from its source of power, the occurrence shall be
23 promptly reported to a mine official and the equipment shall not
24 be used again until necessary repairs are made.
25 Section 307. Damage or alteration to mine electrical system.
26 No person shall willfully damage or without authority alter
27 or make connections to any portion of a mine electrical system.
28 Section 308. Capacity.
29 All electrical apparatus and conductors shall be sufficient
30 in size and power for the work they may be called upon to do
20080S0949B1675 - 134 -
1 and, as prescribed in this act, be efficiently covered or
2 safeguarded. The electrical apparatus and conductors shall be
3 installed, operated and maintained to reduce danger from
4 accidental shock or fire to the minimum and shall be constructed
5 and operated so that the rise in temperature caused by ordinary
6 operation will not injure the insulating materials. Where these
7 conditions are not met, affected equipment shall be removed from
8 service until corrective action is taken.
9 Section 309. Joints in conductors.
10 All joints in conductors shall be mechanically and
11 electrically efficient. Suitable connectors or screw clamps
12 shall be used. All joints in insulated wire shall, after the
13 joint is complete, be reinsulated to at least the same extent as
14 the remainder of the wire.
15 Section 310. Cables entering fittings.
16 The exposed ends of cables where they enter fittings of any
17 description shall be protected and finished off so that moisture
18 cannot enter the cable, or the insulating material, if of an
19 oily or viscous nature, leak. Where unarmored cables or wires
20 pass through metal frames or into boxes or motor casings, the
21 holes shall be substantially bushed with insulating bushings
22 and, where necessary or required, with gas-tight bushings which
23 cannot readily become displaced.
24 Section 311. Switches, fuses and circuit breakers.
25 (a) Construction.--Fuses and automatic circuit breakers
26 shall be constructed as to effectively interrupt the current on
27 short circuit or when the current through them exceeds a
28 predetermined value. Open type fuses shall be provided with
29 terminals. Circuit breakers shall be of adequate interrupting
30 capacity.
20080S0949B1675 - 135 -
1 (b) Trip setting.--Circuit breakers used to protect feeder
2 circuits shall be set to trip when the current exceeds by more
3 than 50% of the rated capacity of the feeder. In case the feeder
4 is subjected to overloads sufficient to trip the circuit breaker
5 but of short duration, the circuit breaker may be equipped with
6 a device which will prevent its acting unless the overload
7 persists for period longer than ten seconds. Trip current shall
8 be indicated at the circuit breaker.
9 (c) Fuses.--Fuses shall be stamped or marked or shall have a
10 label attached indicating the maximum current which they are
11 intended to carry. Fuses shall only be adjusted or replaced by a
12 competent person authorized by the mine foreman.
13 (d) Protective fuses.--Fuses used to protect feeders shall
14 be a less current rating than the feeder.
15 (e) Incombustible base requirement.--All switches, circuit
16 breakers and fuses shall have incombustible bases.
17 Section 312. Lightning protection.
18 If the surface transmission lines of low voltage or medium
19 voltage from the generating station are overhead, there shall be
20 lightning arrestors installed at the generating station. If the
21 distance from the generating station to the point where the line
22 enters the mine is more than 500 feet, an additional arrestor
23 shall be installed at that point.
24 Section 313. Underground power supply.
25 (a) Ground detectors.--All underground systems of
26 distribution that are completely insulated from earth shall be
27 equipped with properly installed ground detectors of suitable
28 design which will trip the circuit breaker when a ground fault
29 is detected. The ground detectors shall be maintained in working
30 condition.
20080S0949B1675 - 136 -
1 (b) Protection of circuits leading underground.--
2 (1) In every completely insulated feeder circuit in
3 excess of 25 kilowatts capacity, leading underground and
4 operating at a potential not exceeding the limits of medium
5 voltage, there shall be provided above ground a circuit
6 breaker arranged to open simultaneously each ungrounded
7 conductor. In addition, a positive disconnect means shall be
8 installed outby the circuit breaker. Overload protection
9 shall be provided to open the circuit breaker in case of
10 overload on any conductor. Fuses may be substituted for
11 circuit breakers in circuits transmitting 25 kilowatts or
12 less. Each power circuit in excess of 50 kilowatts leading
13 underground shall be provided with a suitable ammeter.
14 (2) Every alternating current feeder circuit leading
15 underground and operating at a potential exceeding the limits
16 of medium voltage shall be provided above ground with a
17 suitable circuit breaker. The breaker shall be equipped with
18 automatic overload trip, arranged to open simultaneously each
19 ungrounded power-carrying conductor. Each circuit shall also
20 be provided with a suitable ammeter.
21 (c) Cables in shafts, slopes and boreholes.--
22 (1) All cables passing underground through inclines,
23 boreholes and shafts shall be installed in a manner that will
24 prevent undue strain in the sheath, insulation or conductors
25 and damage by chafing of cables against each other or against
26 the borehole casing or shaft. All ungrounded power conductors
27 in shafts, boreholes and inclines shall be covered with
28 suitable insulating materials and installed to provide a
29 minimum tensile factor of safety of five. Conductors shall be
30 securely fastened and properly supported out of contact with
20080S0949B1675 - 137 -
1 combustible materials. When the weight, length and
2 construction of a cable are such that suspension from its
3 upper end only would subject the cable to possible damage, it
4 shall be supported at intervals necessary to prevent undue
5 strains in the sheath, insulation and conductors and to
6 provide a minimum tensile factor of safety of five. Adequate
7 protection shall be provided so that no damage can result
8 from water, electrolysis, moving cages, skips, ice, coal or
9 other falling or moving materials.
10 (2) Installation of direct-current and alternating-
11 current cables carrying in excess of 25 kilowatts in the same
12 borehole shall require approval of the department.
13 (d) High-voltage underground transmission systems.--
14 (1) High-voltage conductors or cables leading
15 underground and extending underground shall be of the flame-
16 resistant type with either a rubber, plastic or armor sheath
17 meeting the requirements of the department for flame
18 resistance. When the cable is fed by high-voltage systems
19 other than that described in this chapter, it shall be either
20 metallic armored, installed in rigid steel conduit or buried
21 one foot below combustible material. When circuit and
22 protective requirements are met, the cable construction and
23 method of installation may be that described in this chapter.
24 Cables shall be adequate for the intended current and
25 voltage. Splices made in cable shall provide continuity of
26 all components and shall be made in accordance with cable
27 manufacturers' recommendations. A competent person designated
28 by the mine electrician shall supervise the making of the
29 splices.
30 (e) Braid covered cable.--
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1 (1) No power wires or cables having what is commonly
2 termed as weatherproof insulation or insulation consisting of
3 braided covering, which is susceptible to moisture absorption
4 from the outer surface to the conductor, shall be installed
5 in a mine.
6 (2) All insulated power cables purchased for use in a
7 mine shall be protected by a flame-resistant jacket and
8 assigned an approval number unless either armored or
9 installed in rigid steel conduit, a metal enclosure or a
10 fireproof room.
11 (f) Ventilation.--
12 (1) Bare power conductors shall not be installed in an
13 air current that has passed through or by the first working
14 place in the air split.
15 (2) High-voltage transmission cable, high-voltage motors
16 and high-voltage transformers shall not be installed in any
17 air current that has passed through or by the first working
18 place in the air split.
19 (g) Underground cables in haulage roads.--
20 (1) Where the cables or feed wires, other than trolley
21 wires, in main haulage roads cannot be kept at least 12
22 inches from any part of a mine car or locomotive, they shall
23 be specially protected by proper guards.
24 (2) Cables and wires, except trailing or portable cables
25 or bare return cables, shall be installed on roofs, ribs,
26 walls or timbers by means of efficient insulators. All
27 electric cables constantly kept in rooms or pillars or other
28 work areas shall be carried on suitable supports to within 70
29 feet of the face of each work area. In no instance shall the
30 method of support damage the cable jacket or armor.
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1 (3) When main or other roads are being repaired or
2 blasting is being carried on, suitable temporary protection
3 from damage shall be given to the cables.
4 (4) All other wires, except telephone, shot-firing and
5 signal wires, shall be on the same side of the road as the
6 trolley wire.
7 (5) Haulage block signal circuits and other control
8 circuits powered from the trolley shall be located on the
9 same side of the road as the trolley.
10 (h) Branch circuit protection.--When the potential of a
11 branch circuit exceeds the limit of medium voltage, it shall be
12 protected by a circuit breaker, except as otherwise permitted
13 under section 331(h). The circuit breaker shall be equipped with
14 an automatic overload trip arranged to open simultaneously each
15 ungrounded power carrying conductor. Provisions for positive
16 disconnection of the branch circuit shall be included.
17 (i) Underground transformer and substation rooms.--
18 (1) Any motor-generator, rectifier except those
19 described in subsection (j), rotary converter or oil-filled
20 transformer installed in a mine shall be enclosed in a
21 fireproof chamber of masonry or in an effectively grounded
22 approved steel structure. These buildings shall be provided
23 with automatically closing fire doors, but the automatic
24 features of fire doors may be omitted if a substation
25 attendant is employed. The openings of the doors shall be
26 safeguarded by grillwork so that only authorized persons may
27 enter the room. No electrical equipment containing
28 inflammable material shall be placed within eight feet of a
29 door or opening in the underground building. All underground
30 substations containing rotary machinery shall have an
20080S0949B1675 - 140 -
1 attendant constantly on duty while rotating machinery is in
2 operation, unless adequate control and protection of the
3 equipment is assured by the use of suitable automatic
4 devices. No transformer, circuit breaker, controller or other
5 device containing more than 20 gallons of inflammable liquid
6 shall be placed in any underground substation. A separate
7 split of air shall adequately ventilate the substation. No
8 substation shall be built in any mine until the location,
9 material, construction and method of ventilation for the
10 substation has received the approval of the department.
11 (2) Main and distribution switch and fuse boards shall
12 be made of incombustible, moisture-resistant, insulating
13 material and fixed in as dry a situation as practicable or
14 shall be of suitable metal construction, exposed portions of
15 which shall be effectively grounded. All switches, circuit
16 breakers, rheostats, fuses and instruments used in connection
17 with underground motor-generators, rotary-converters, high-
18 voltage motors, transformers, and low-voltage and medium-
19 voltage motors of more than 50 horsepower or 50 KVA capacity
20 shall be installed upon a suitable switchboard or in a metal-
21 clad switchgear structure. Similar equipment for low-voltage
22 and medium-voltage motors of 50 horsepower and less may be
23 separately installed if mounted upon insulating bases of
24 suitable material or effectively metal clad.
25 (j) Clearances.--
26 (1) In underground stations where switchboards are
27 installed, there shall be a passageway in front of the
28 switchboard not less than three feet in width, and, if there
29 are any high-voltage connections at the back of the
30 switchboard, any passageway behind the switchboard shall not
20080S0949B1675 - 141 -
1 be less than three feet. The floor at the back of the
2 switchboard shall be properly floored and insulated with
3 nonconducting material, accessible from each end. In the case
4 of high-voltage, switchboards shall be kept locked, but the
5 lock shall allow the door being opened from the inside
6 without the use of a key.
7 (2) Where the supply is at a voltage exceeding the
8 limits of medium voltage, there shall be no live metal work
9 on the front of the main switchboard within seven feet of the
10 floor or platform, and the space provided under paragraph (1)
11 shall not be less than four feet. Insulating floors or mats
12 shall be provided for medium-voltage boards where live metal
13 work is on the front.
14 (k) Transformers.--The primary of each underground power
15 transformer shall be protected by a suitable circuit breaker
16 equipped with automatic overload trip arranged to open
17 simultaneously each ungrounded power conductor. The primary of a
18 transformer of less than 25 KVA capacity operated at a potential
19 lower than high voltage may be protected by fuses. When a
20 transformer is the only load on a branch circuit, the branch
21 circuit protection can be considered the transformer protection.
22 (l) Outgoing feeder protection.--Main circuits leaving
23 underground substations or transformer stations shall be
24 protected by circuit breakers.
25 (m) Grounding.--All metallic coverings, metal armoring of
26 cables and the frames and bedplates of generators, transformers
27 and motors shall be effectively grounded.
28 (n) Identification of hazard.--All high-voltage machines and
29 apparatus shall be marked to clearly indicate that they are
30 dangerous, by the use of the words "Danger, High Voltage."
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1 (o) Protection of terminals.--All terminals on machines,
2 motors or equipment over medium-voltage underground shall be
3 protected with insulating covers or metal covers effectively
4 connected to the ground.
5 (p) Unauthorized persons.--No person, other than one
6 authorized by the mine foreman or mine electrician, shall enter
7 a station or transformer room or interfere with the working of
8 any connected apparatus.
9 (q) Fire protection.--Rock dust or fire extinguishers
10 suitable for extinguishing electrical fires shall be kept ready
11 for immediate use at electrical stations and transformer rooms.
12 (r) Fireproof rectifiers and transformers.--A portable
13 rectifier with a dry-type transformer, except those using pumped
14 tubes or glass bulb mercury arc tubes or a dry-type transformer
15 designed for underground use with adequate automatic electrical
16 protection and substantially of fireproof construction, fully
17 metal clad, which will not be in the same location in excess of
18 one year, may be installed in any intake air current, not beyond
19 the last open crosscut and not closer than 250 feet along the
20 air route to pillar workings. The location where the fireproof
21 rectifier or transformer is installed need not be made fireproof
22 with masonry or steel, but shall be equipped with doors,
23 grillwork or otherwise to prevent entry or access by
24 unauthorized persons.
25 Section 314. Storage battery equipment.
26 (a) General rule.--All storage battery equipment and
27 charging stations shall be designed, operated and ventilated so
28 that gas from the batteries will be safely diluted. Storage
29 battery charging stations shall be on a separate split of air.
30 (b) Flammable materials.--The presence of flammable
20080S0949B1675 - 143 -
1 materials is not permitted in any storage battery room or
2 charging station. Signs to this effect shall be posted in all
3 battery rooms or charging stations.
4 (c) Use in face areas.--Storage battery-operated equipment
5 may be used in face areas when all electrical parts that are
6 practicable to enclose are enclosed in explosion-proof casings
7 and the batteries are adequately ventilated.
8 Section 315. (Reserved).
9 Section 316. Electrical equipment.
10 (a) Voltage restriction.--Hand-held tools shall be
11 restricted to a maximum of 300 volts.
12 (b) Grounding.--The frame of all off-track equipment shall
13 be effectively grounded through a safety ground conductor in its
14 trailing cable.
15 (c) Hand-held tools.--Electric drills and other electrically
16 operated rotating tools intended to be hand held shall be
17 equipped with an integrally mounted electric switch designed to
18 break the circuit when the hand releases the switch.
19 (d) Trailing cables.--
20 (1) Trailing cables for equipment shall be safely and
21 efficiently insulated and constructed with an outer sheath or
22 jacket of flame-resistant material as approved by the
23 department.
24 (2) Cables for hand-held tools shall be especially
25 flexible, heavily insulated and effectively protected from
26 damage.
27 (3) Each trailing cable in use shall be examined within
28 two hours of the beginning of each shift by the machine
29 operator for abrasions and other defects. The machine
30 operator shall also carefully observe the trailing cable
20080S0949B1675 - 144 -
1 while in use and shall immediately report any defect to the
2 mine official in charge.
3 (4) In the event of the trailing cable in service
4 breaking down or becoming damaged in any way, or of it
5 inflicting a shock upon any person, it shall be put out of
6 service at once. The faulty cable shall not be used again
7 until it has been repaired and tested by a properly
8 authorized person.
9 (5) The trailing cable shall be divided at the machine
10 to which it is supplying power, but only for such length as
11 is necessary for making connection to the machine terminals.
12 The trailing cable, with its outer covering complete, shall
13 be securely clamped to the machine frame in a manner that
14 will protect the cable from injury and prevent any mechanical
15 strains on the single ends connected to the machine
16 terminals.
17 (6) No more than five temporary splices shall be made in
18 any trailing cable. After the fifth splice is made, the cable
19 shall be changed before the machine is operated on the
20 following shift. Trailing cables on equipment without cable
21 shall have no temporary splices within 50 feet of the machine
22 before the machine is operated on the following shift. Cable
23 jacket repairs not involving conductors or conductor
24 insulation are not considered temporary splices.
25 (7) Trailing cables shall be hung or adequately
26 protected to prevent them from being run over and damaged by
27 mobile machinery.
28 (8) Trailing cables on off-track equipment shall contain
29 a safety ground conductor, which shall be solidly connected
30 to the machine frame. Cables found to contain defective
20080S0949B1675 - 145 -
1 grounds shall be repaired before use or shall be replaced.
2 The safety ground conductor shall have a cross-sectional area
3 of at least 50% of that of a single power conductor unless
4 used with ground trip protective systems employing ground
5 fault current limiting devices, in which case a smaller
6 safety ground may be used.
7 (e) Motors.--In all mines electrical equipment in use inby
8 the last open crosscut shall have all current-carrying parts
9 completely enclosed in explosion-proof enclosures. This
10 requirement shall not include trailing cable, except where
11 terminated, and shall not include flexible cable as required
12 between motors, controllers, terminal boxes and other
13 auxiliaries. The enclosures shall not be opened except by an
14 authorized person and then only when the power is switched off.
15 The power shall not be switched on while the enclosures are
16 open. Only permissible equipment is permitted inby the last
17 permanent stopping, except in rooms where open-type equipment
18 may be used only in the intake travelway. This exception does
19 not include power distribution equipment.
20 (f) Safeguarding.--The person in charge of mobile electrical
21 equipment shall not leave the machinery while it is working and
22 shall, before leaving the work area, see that power is cut off
23 the trailing cables.
24 (g) Explosion-tested compartments.--All explosion-tested
25 compartments and packing glands shall be maintained as approved
26 by the department.
27 (h) Detection of gas.--
28 (1) In working places, an approved hand-held gas
29 detection device shall be provided for use with each machine
30 when working. If methane gas is detected in an amount of 1%
20080S0949B1675 - 146 -
1 or greater, the person in charge shall immediately stop the
2 machine, cut off the current at the nearest switch and report
3 the matter to a mine official.
4 (2) When not in use, equipment shall be parked away from
5 the face. No electrically operated permissible face equipment
6 shall be taken inby the last open breakthrough until the
7 machine operator assures that an inspection for gas has been
8 made in the place where the machine is to be in operation. If
9 methane gas is detected in an amount of 1% or greater by a
10 gas detection device, the machine shall not be taken in. The
11 place shall be dangered off until the gas has been removed or
12 rendered harmless.
13 (3) No electrically operated equipment shall be in use
14 for a period longer than 20 minutes without a check for
15 methane gas as required under this subsection. If methane gas
16 is found at 1% or greater, the power shall immediately be
17 switched off, and the trailing cable shall be disconnected
18 from the power supply.
19 (4) The person finding gas shall at once report the fact
20 to the mine foreman, assistant mine foreman or mine examiner,
21 and the machine shall not again be started in that place
22 until the mine examiner or a person duly authorized by the
23 mine foreman has examined it and pronounced it safe.
24 (5) If any electric sparking or arc is produced outside
25 a coal-cutting or other portable motor, or by the cables or
26 rails, the machine shall be stopped, disconnected from the
27 power supply and not be worked again until the defect is
28 repaired and the occurrence shall be reported to a mine
29 official.
30 (i) Methane monitors.--
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1 (1) Methane monitors shall be installed on all face-
2 cutting machines and other mechanized equipment used to
3 extract or load coal in a mine. The sensing device for
4 methane monitors shall be installed at the return end of the
5 longwall face. An additional sensing device shall also be
6 installed on the longwall shearing machine, down wind and as
7 close to the cutting head as is practicable. The sensing
8 devices for methane on other types of machines shall be
9 installed as close to the working face as is practicable.
10 Methane monitors shall be maintained in permissible and
11 proper operating conditions and shall be calibrated with a
12 known air-methane mixture at least once every 31 days. To
13 assure that methane monitors are properly maintained and
14 calibrated, the operators shall do all of the following:
15 (i) Use persons properly trained in the maintenance,
16 calibration and permissibility of methane monitors to
17 calibrate and maintain the devices.
18 (ii) Maintain a record of all calibration tests of
19 methane monitors. Records shall be maintained in a secure
20 book that is not susceptible to alteration or
21 electronically in a computer system so as to be secure
22 and not subject to alteration.
23 (iii) Retain the record of calibration tests for one
24 year from the date of the test. Records shall be retained
25 at a surface location at the mine and made available to
26 department representatives and representatives of the
27 mine workers.
28 (2) When the methane concentrations at any methane
29 monitor reach 1%, the monitor shall give a warning signal.
30 The warning signal of the methane monitor shall be visible to
20080S0949B1675 - 148 -
1 the mining machine operator, who shall de-energize electric
2 equipment or shut down diesel equipment on which the monitor
3 is mounted.
4 (3) The methane monitor shall automatically de-energize
5 electric equipment or shut down diesel-powered equipment when
6 the methane accumulation reaches 2% or the methane monitor is
7 not operating properly.
8 Section 317. Inspection of equipment.
9 (a) Inspection required.--All electrical equipment shall be
10 inspected by the mine electrician or person designated by the
11 mine electrician weekly and, where necessary, shall be cleaned
12 and repaired.
13 (b) Removal of coal dust.--All electric motors and cables in
14 mechanical sections shall have all excessive coal dust removed
15 from their exterior surfaces once each operating shift.
16 Section 318. Stationary motors.
17 Every stationary motor underground, together with its
18 starting equipment, shall be protected by a fuse or circuit-
19 breaking device on each ungrounded pole and by switches arranged
20 to entirely cut off the power from the motor. The devices shall
21 be installed in a convenient position near the motor, and every
22 stationary underground motor of 100 brake horsepower or over
23 shall be provided with a suitable meter to indicate the load on
24 the machine.
25 Section 319. Permanent underground installation.
26 All electrical equipment not covered elsewhere under this
27 act, and except room hoists and gathering pumps which will
28 remain in the same location for a period of one year or more,
29 shall be completely housed in an incombustible structure built
30 of tile, brick, stone, concrete or grounded steel plates not
20080S0949B1675 - 149 -
1 less than one-eighth inch in thickness, securely joined.
2 Section 320. Underground illumination.
3 (a) Sockets.--In all mines, the sockets of fixed electric
4 lamps shall be of so-called weatherproof type, the exterior of
5 which shall be entirely nonmetallic. Flexible lamp cord
6 connections are prohibited, except for portable lamps as
7 provided under subsection (c).
8 (b) Lamps.--Electric lamps shall be placed so they cannot
9 come in contact with combustible material.
10 (c) Portable electric lamps.--Portable electric lamps, other
11 than battery lamps, shall not be used in connection with the
12 repair and inspection of machines and equipment in face areas.
13 When used elsewhere, they shall be protected by a heavy wire
14 cage completely enclosing both lamp and socket and shall be
15 provided with a handle to which both cage and socket are firmly
16 attached and through which the lead-in wires are carried.
17 (d) Electric lamp enclosure.--Electric lamps, when used in
18 face areas of any mine, shall be installed in explosion-proof
19 enclosures.
20 (e) Electric lamp replacement.--Electric lamps shall be
21 replaced by a competent and qualified person in face areas after
22 an examination for gas has been made with an approved gas
23 detection device.
24 (f) Underground photography.--Underground photography using
25 flash bulbs or other sources of artificial illumination shall be
26 prohibited unless immediately preceded by an examination for gas
27 by a mine foreman, assistant mine foreman or mine examiner and
28 the place found safe.
29 Section 321. Telephones and signaling.
30 (a) Telephone service.--Telephone service or equivalent two-
20080S0949B1675 - 150 -
1 way communication facilities shall be provided in all mines
2 between the surface and each working section that is more than
3 1,500 feet from the main portal.
4 (b) Telephone lines.--Telephone lines shall be carried on
5 insulators, installed on the opposite side from power or trolley
6 wires and, where they cross power or trolley wires, and
7 insulated adequately.
8 (c) Lightning arrestors.--Lightning arrestors shall be
9 provided at points where telephone circuits enter the mine.
10 (d) Telephone cables.--Telephone cables permanently
11 installed in power boreholes containing unarmored power cables
12 shall be either armored or protected at top and bottom by
13 insulating transformers.
14 (e) Precautions.--All proper precautions shall be taken to
15 prevent electric signal and telephone wires from coming into
16 contact with other electric conductors, whether insulated or
17 not.
18 (f) Standards generally.--Bells, wires, insulators, contact
19 makers and other apparatus used in connection with electric
20 signaling underground shall be of suitable design and of
21 substantial and reliable construction and erected in such a
22 manner as to reduce the liability of failures or false signals
23 to a minimum.
24 (g) Potential.--In the face areas of any mine, the potential
25 used for signal purposes shall not exceed 24 volts, and bare
26 wires shall not be used for signal circuits.
27 (h) Voltage on signal circuits.--The voltage on signal
28 circuits confined to intake air and using insulated conductors
29 may be greater than 24 volts, but shall not exceed 125 volts
30 average. This shall not apply to haulage block signal systems.
20080S0949B1675 - 151 -
1 Section 322. Grounding.
2 (a) General rule.--In a direct-current electrical system,
3 grounding shall consist in so connecting any part of an
4 electrical system, including frames, to the earth that there
5 shall be no difference of potential between them.
6 (b) Negative side to be grounded.--Only the negative side of
7 the direct-current circuit shall be grounded.
8 (c) Rectifier diodes.--Rectifier diodes used at any
9 bituminous coal mine shall be connected to the supply circuit
10 through an isolating winding in order that isolation between
11 alternating current and direct-current systems is effected.
12 (d) Initial installation.--The initial installation of
13 rectifiers at any bituminous coal mine shall be approved by the
14 department before being energized.
15 Section 323. Voltage limitation.
16 In no case shall the potential used in the trolley system be
17 higher than 600 volts.
18 Section 324. Incoming feeder-disconnect switches.
19 Disconnecting switches shall be installed underground in all
20 main direct-current power circuits within 500 feet of the bottom
21 of shafts, boreholes or at other places where main power
22 circuits enter a mine.
23 Section 325. Bonding.
24 Where air or water pipes parallel the grounded return of
25 power circuits, the return shall be securely bonded to the pipes
26 at frequent intervals to eliminate the possibility of a
27 difference of voltage between rails and pipes and to prevent
28 electrolysis of the pipes. The rail return shall be of
29 sufficient capacity for the current used, independent of the
30 capacity of the pipes. On main haulage roads, both rails shall
20080S0949B1675 - 152 -
1 be bonded, except welded track, and cross bonds shall be placed
2 at points not to exceed 200 feet apart. On secondary haulage
3 roads, one rail shall be bonded continuously.
4 Section 326. Trolley installation.
5 (a) Trolley wires and feeder lines.--All trolley wires and
6 feeder lines installed on underground haulage roads shall be
7 placed as far to one side of the passageway as is practicable,
8 but not less than six inches outside of line of rail, and
9 securely supported upon hangers which shall not be more than 24
10 feet apart and efficiently insulated.
11 (b) Prohibition.--In all mines, trolley and feeder wires
12 shall not extend beyond the last open crosscut and shall be kept
13 at least 150 feet from open pillar workings.
14 (c) Switches or circuit breakers.--All branch trolley lines
15 shall be fitted with either a trolley switch, circuit breaker or
16 section insulator and line switch or some other device that will
17 allow the current to be shut off from the branch headings.
18 Switches or circuit breakers shall be provided on haulage roads
19 to de-energize all trolley and feeder lines at intervals not to
20 exceed 2,000 feet.
21 Section 327. Connections to trolley.
22 (a) Permanent connections.--All permanent connections to
23 trolley feeder circuits shall be made with suitable mechanical
24 connectors. No temporary or permanent connection shall be
25 wrapped or tied.
26 (b) Temporary connections.--Temporary connections for
27 portable equipment may be made through fused trolley taps.
28 (c) Safety ground and negative connections.--Safety ground
29 and negative connections for temporary or permanent
30 installations shall be made at two separate points, at least six
20080S0949B1675 - 153 -
1 inches apart, and shall be made directly to the track, a bond or
2 the system ground.
3 Section 328. Guarding.
4 At all landings and partings or other places where
5 individuals are required to regularly work or pass under trolley
6 or other bare power wires, which are placed less than six and
7 one-half feet above top of rail, a suitable protection shall be
8 provided. This protection shall consist of placing boards along
9 the wire, which boards shall not be more than five inches apart
10 nor less than two inches below the lowest point of the wire. The
11 distance between boards on curves may exceed five inches, but
12 shall not exceed eight inches. This does not prohibit the use of
13 other approved devices or methods furnishing equal or better
14 protection.
15 Section 329. Locomotives.
16 (a) Electric haulage.--Electric haulage by trolley
17 locomotive is not permitted except on intake air.
18 (b) Certain operation prohibited.--It shall be unlawful to
19 run or operate a locomotive, fed directly or indirectly from a
20 trolley wire, by the open entrances to worked out places wherein
21 the pillars have been drawn or places in which the pillars have
22 not been drawn but in places where the roof has collapsed.
23 (c) Certain use proscribed.--No open-type electric
24 locomotive or open-type electric machine of whatsoever type
25 shall be taken into a working place. Main return airways or
26 passageways shall not be used as haulageways for electric
27 locomotives operated from a trolley wire.
28 Section 330. Outdoor substation.
29 The outdoor substation shall be built in accordance with
30 current Institute of Electrical and Electronics Engineers'
20080S0949B1675 - 154 -
1 standards and department equipment performance specification and
2 shall include:
3 (1) Protective fence or enclosure.
4 (2) Primary or incoming line lightning arrestors.
5 (3) Positive disconnecting means on the incoming or
6 primary line with a circuit breaker or fuses to interrupt
7 safely any current, normal or abnormal, which might be
8 encountered.
9 (4) Transformer bank to convert the incoming or primary
10 voltage to the transmission voltage. The use of auto-
11 transformers for this purpose is prohibited. Secondary or
12 underground transmission voltage shall not exceed 15,000
13 volts, nominal, phase to phase. The transformer may be
14 connected delta-wye, wye-delta or delta-delta. Wye-wye
15 connections shall not be used because of voltage instability
16 under some conditions of load. In the event that the
17 secondary winding is delta-connected, the neutral necessary
18 for the four-wire transmission circuit shall be derived by
19 the use of a three-phase zig-zag or grounding transformer.
20 Where grounding transformers are used, they shall be of
21 sufficient capacity to carry maximum ground fault current
22 continuously. Should the substation primary or supply voltage
23 equal the mine transmission voltage, the main transformer
24 bank may be omitted and the zig-zag transformer used to
25 derive a system neutral if one is not otherwise available.
26 (5) Secondary lightning arrestors.
27 (6) Ground fault-current limiting resistor capable of
28 continuously limiting ground fault current to 25 amperes or
29 less. The resistor shall be adequately insulated and shall be
30 protected by a grounded fence or screen unless mounted eight
20080S0949B1675 - 155 -
1 feet or more above ground.
2 (7) Secondary or mine feeder circuit breaker with
3 interrupting capacity adequate for any possible condition of
4 fault and no less than the short circuit capacity of the
5 system supplying power to the breaker. Positive disconnect
6 means shall be provided on the input and output side of the
7 breaker. Use of automatic reclosing circuit breakers is
8 prohibited. Breaker automatic tripping shall be through
9 protective relays and shall provide, as a minimum, tripping
10 by undervoltage, instantaneous and inverse time limit phase
11 overcurrent, ground fault current not exceeding 15 amperes
12 and ground-continuity check not exceeding seven amperes. The
13 ground-continuity check circuit shall continuously monitor
14 the integrity of the neutral circuit leading underground and
15 shall cause the breaker to open when either the ground or
16 pilot check wire is broken. An ammeter capable of reading
17 current in each phase and a voltmeter capable of reading
18 phase-to-phase voltage shall be provided at the circuit
19 breaker.
20 (8) Surge protection or station ground bed to which
21 shall be connected all lightning arrestor grounds, substation
22 equipment frame grounds, fence, if metallic, and substation
23 structure, if metallic. There shall be no direct connection
24 between this ground bed and either the grounded side of the
25 mine direct-current system or the neutral ground bed
26 described below.
27 (9) Neutral or primary ground bed located at least 25
28 feet away from the station ground at its closest point and to
29 which shall be connected only the inby or load end of the
30 neutral current limiting resistor. To prevent current
20080S0949B1675 - 156 -
1 transformer core saturation by stray direct current return
2 currents, or neutral conductor damage, there shall be no
3 direct or metallic connection between any point of the high-
4 voltage alternating current neutral circuit and the mine
5 direct-current ground.
6 (10) Ground bed resistance shall be measured at least
7 every six months and appropriate action taken to assure the
8 maintenance of four ohms or less of ground bed resistance. A
9 record of these resistance measurements shall be kept in a
10 book provided for that purpose.
11 Section 331. High-voltage underground transmission system.
12 (a) Underground.--High-voltage cables leading underground
13 and extending underground shall be of the multiple conductor
14 flame-resistant type with a rubber, plastic or armor sheath
15 meeting the requirements of the department for flame resistance.
16 They shall be equipped with metallic shields around each power
17 conductor. One or more ground conductors shall be provided of a
18 total size either:
19 (1) not less than one-half the power conductor size; or
20 (2) capable of carrying two times the maximum ground
21 fault current.
22 There shall also be provided an insulated conductor not smaller
23 than No. 10 AWG for the ground-continuity check circuit. Cables
24 shall be adequate for the intended current and voltage. Splices
25 made in the cable shall provide continuity of all components and
26 shall be made in accordance with the cable manufacturers'
27 recommendations. A competent person designated by the mine
28 electrician shall supervise the making of splices.
29 (b) Subject to flexing.--High-voltage cables subject to
30 repeated flexing shall be similar in construction to type SH-D
20080S0949B1675 - 157 -
1 in accordance with Insulated Power Cable Engineers Association
2 standard S-19-81.
3 (c) Couplers.--If couplers are used, they shall be of the
4 three-phase type with a full metallic shell and shall be
5 adequate for the voltage and current expected. All exposed metal
6 on the couplers shall be grounded to the ground conductor in the
7 cable. The coupler shall be constructed so that the ground
8 continuity conductor shall be broken first and the ground
9 conductor shall be broken last when the coupler is being
10 uncoupled.
11 (d) Equipment passing over or under cable.--At locations
12 where cables cross haulageways or travelways or where equipment
13 must pass over or under the cable, the cables shall be either
14 installed in a trench in the roof, protected by some mechanical
15 means or buried at least 12 inches below combustible material
16 and adequately protected from crushing by the weight of
17 equipment passing over it.
18 (e) Location of installation.--High-voltage cables shall be
19 installed only in intake airways. They may be installed on
20 intake haulageways only with the approval of the department. The
21 cable may be installed by hanging on suitable hooks or clamps,
22 supported by a suitable messenger cable, burying or installing
23 in metal conduit. When suspended, the distance between supports
24 shall not exceed 20 feet, and they shall be so placed that they
25 do not damage the cable jacket. When hung in a haulage entry
26 containing a trolley wire, the cable shall be installed at least
27 12 inches from the trolley wire or feeder wires and away from
28 the track.
29 (f) Excess cable.--Any excess cable which is connected and
30 supplying a load shall be coiled, stored on a reel or otherwise
20080S0949B1675 - 158 -
1 stored at a place near the load where it can be protected by
2 dangering off the storage area. The cable shall not exceed 1,000
3 feet in length.
4 (g) Frames and enclosures.--Frames and enclosures of high-
5 voltage switch units, transformers, metallic cable couplers and
6 splice boxes shall be grounded to the common or primary ground
7 for the system in the high-voltage cable.
8 (h) Taps or branch circuits.--Taps or branch circuits from
9 the high-voltage feeder shall be made through circuit breakers
10 or suitable load break switches.
11 (i) Nonload breaking disconnect switches.--When nonload
12 breaking disconnect switches are used for sectionalizing high-
13 voltage circuits, they shall be fully metal clad, equipped with
14 a door interlock to break the ground-continuity check circuit,
15 thus tripping the feeding breaker when the door is open, and a
16 voltmeter or indicating lights to verify that the circuit is
17 deenergized before the disconnected switches are opened.
18 (j) Applicability.--For the purpose of interpretation and
19 compliance with subsection (h) and section 313(h), the following
20 apply:
21 (1) A branch circuit is a subportion of the high-voltage
22 system, serving one or more loads. The branch circuit begins
23 at the junction or splitting of the high-voltage system. The
24 junction consists of the following distinct elements:
25 (i) Input feeder, which delivers power from the
26 source.
27 (ii) Output feeder, which may extend the feeder to
28 other parts of the high-voltage system.
29 (iii) Branch circuit.
30 The output feeder is not considered as a branch circuit and
20080S0949B1675 - 159 -
1 is not required to have electrical protection at the
2 junction, but receives electrical protection either at the
3 source substation or at some place between the source
4 substation and the junction. The branch circuit is required
5 to have protection at the junction.
6 (2) A tap supplies power to the high-voltage loads
7 located entirely within the enclosure where the connection is
8 made. Where no splitting of the feeder cable occurs, neither
9 a tap nor branch is created.
10 (3) A suitable load-break switch, which may be used in
11 lieu of a circuit breaker, is a gang-operated switch with a
12 voltage rating not less than the system voltage, capable of
13 interrupting a current equal to its continuous full load
14 rating and to be used in conjunction with fuses to provide
15 overload and short circuit protection for the load being
16 served.
17 Section 332. Load center.
18 Transmission voltage shall be reduced to machine utilization
19 voltage by a portable transformer or load center of adequate
20 capacity for the equipment powered by it. The transformer shall
21 be of the dry type, ventilated, nonventilated or sealed,
22 substantially constructed and completely enclosed in a metal
23 case. The metal enclosure shall be connected to the high-voltage
24 system ground conductor in the high-voltage cable. Complete load
25 center construction shall render it essentially fireproof. In
26 addition to these requirements, the following shall be observed:
27 (1) Connection of the high-voltage cable to the load
28 center shall be made through a cable coupler of the type
29 described in section 331(c).
30 (2) The load center shall be equipped with a positive
20080S0949B1675 - 160 -
1 disconnect means on the incoming or high-voltage circuit.
2 This may consist of a circuit breaker, load-break switch,
3 disconnect switch or other device. The following apply:
4 (i) If a circuit breaker is used for this purpose,
5 it shall be equipped with instantaneous and inverse time
6 limit phase overcurrent and undervoltage relaying
7 protection.
8 (ii) If a device other than a circuit breaker is
9 used, it shall be so arranged that it cannot be operated
10 until the ground continuity check circuit in the high-
11 voltage cable has opened causing the nearest feeding
12 circuit breaker to trip.
13 (3) The restriction of section 330(4) pertaining to
14 transformer connections and use of zig-zag grounding
15 transformers also apply to the load center.
16 (4) The transformer secondary neutral, direct or
17 derived, shall be connected to machine trailing cable safety
18 ground conductors through a ground current limiting resistor
19 capable of limiting ground fault current to 25 amperes or
20 less. The inby side of the resistor shall be grounded to the
21 load center frame if no DC equipment powered from a common
22 mine DC system can contact the frames of AC equipment powered
23 by this load center. In the event there is a possibility of
24 frame contact between AC equipment and DC equipment supplied
25 from a common DC mine system, the inby side of the resistor
26 may be insulated from the load center frame and shall be
27 solidly connected to the DC ground system.
28 (5) The load center shall be equipped with a main
29 secondary breaker of adequate interrupting capacity with
30 tripping devices which shall feed individual machine breakers
20080S0949B1675 - 161 -
1 located either in the load center or external to it in a
2 separate distribution center. External utilization voltage
3 connections shall be made through receptacles arranged so
4 that they cannot be uncoupled under load.
5 (6) Load centers shall be located on intake air only.
6 Load centers shall not be located beyond the last open
7 crosscut or located closer than 250 feet along the air route
8 to pillar workings.
9 Section 333. Distribution centers.
10 (a) General rule.--Distribution centers may be used to
11 distribute utilization power to portable equipment. The
12 distribution center may be connected to the load center through
13 one or more cables or conductors protected by flame-resistant
14 jackets with combined capacity sufficient to carry the maximum
15 loads that may be encountered. The distribution center shall
16 contain breakers adequate to interrupt any fault current that
17 might occur, which shall feed each unit of equipment that is
18 connected to the distribution center. Each breaker shall be
19 equipped with tripping devices that will function, on overload,
20 phase fault and ground fault. Distribution centers shall be
21 located on intake air only, and shall not be located beyond the
22 last open crosscut or closer than 150 feet from pillar workings
23 unless the distribution center shall have an approved explosion-
24 proof enclosure.
25 (b) Cables.--Utilization voltage cables shall be fitted with
26 plug couplers and provision made so that cables cannot be
27 uncoupled under load. All plugs and sockets shall be
28 substantially constructed, and any exposed metal portions shall
29 be grounded. Couplers shall be constructed so that the ground
30 conductor connection is broken last during uncoupling.
20080S0949B1675 - 162 -
1 (c) Ground conductors.--Utilization voltage conductors,
2 cables or conductor groups shall contain one or more ground
3 conductors which when combined shall be able to carry safely and
4 continuously at least twice the maximum ground fault current.
5 (d) Option.--A combined alternating and direct-current
6 distribution or load center complete within a substantially
7 fireproof metal enclosure, with a dry type transformer and solid
8 state rectifier and adequate automatic electrical protection,
9 may be used to distribute alternating and direct current
10 utilization power. The power supply to this unit may be low,
11 medium or high voltage. When high voltage is utilized, the
12 requirements of section 332 shall apply. When medium or low
13 voltage is utilized, this section shall apply. However, when an
14 external DC distribution device is employed, the rectifier
15 output may be taken through a main DC circuit breaker to that
16 device without the use of a plug and receptacle system.
17 Section 334. Mandatory safety components of electrical
18 equipment.
19 (a) Requirement.--Low-voltage, medium-voltage and high-
20 voltage resistance ground systems shall have ground wire
21 monitors to continuously monitor the continuity of the grounding
22 circuits to the equipment affected, except for:
23 (1) Low-voltage and medium-voltage circuits supplying
24 power to longwall illumination systems.
25 (2) Low-voltage and medium-voltage stationary equipment
26 installed in accordance with all of the following:
27 (i) The equipment is permanently installed at a
28 fixed location.
29 (ii) All load components are securely attached to a
30 common metallic frame or structure.
20080S0949B1675 - 163 -
1 (iii) Each component of the equipment is grounded by
2 two independent equipment safety grounding, each sized
3 appropriately.
4 (iv) At least one of the equipment safety ground
5 conductors to each component is visible for its entire
6 length. High-voltage resistance grounded systems shall
7 have ground wire monitors to continuously monitor the
8 continuity of the grounding circuits. All ground wire
9 monitors shall be designed and constructed to be
10 failsafe.
11 (b) Study.--The mining industry shall initiate a study to
12 enhance the safety of underground direct-current machine cables.
13 The program shall include an evaluation of ground wire monitors
14 for use on all direct-current equipment. The program shall
15 include laboratory and underground testing. The test results
16 shall be documented and presented to the Board of Coal Mine
17 Safety no later than 365 days after the effective date of this
18 act for action by the board.
19 (c) Additional study.--The mining industry shall initiate a
20 study to enhance the safety of underground cables. The program
21 shall include an evaluation of metallic shielded cable,
22 nonmetallic shielded cable and more sensitive ground fault
23 limiting and detection. The program shall include laboratory and
24 underground testing. The results shall be documented and
25 presented to the Board of Coal Mine Safety no later than 365
26 days after the effective date of this act for action by the
27 board.
28 (d) Plugs.--If plugs are used on any cable in a mine, the
29 plugs must be interlocked.
30 Section 335. High-voltage longwalls.
20080S0949B1675 - 164 -
1 Sections 336 through 344 are electrical safety standards that
2 apply to high-voltage longwall circuits and equipment. All other
3 standards established under this act also apply to longwall
4 circuits and equipment when appropriate. The department shall
5 consider existing Federal interpretations of comparable
6 standards when implementing and enforcing these requirements.
7 Section 336. Longwall electrical protection.
8 (a) High-voltage circuits.--High-voltage circuits must be
9 protected against short circuits, overloads, ground faults and
10 undervoltages by circuit-interrupting devices of adequate
11 interrupting capacity as follows:
12 (1) Current settings of short-circuit protective devices
13 must not exceed the setting specified in approval
14 documentation or 75% of the minimum available phase-to-phase
15 short-circuit current, whichever is less.
16 (2) Time-delay settings of short-circuit protective
17 devices used to protect any cable extending from the section
18 power center to a motor-starter enclosure must not exceed the
19 settings specified in approval documentation or one-quarter
20 second, whichever is less. Time-delay settings of short-
21 circuit protective devices used to protect motor and shearer
22 circuits must not exceed the settings specified in approval
23 documentation or three cycles, whichever is less.
24 (3) Ground-fault currents must be limited by a neutral
25 grounding resistor to not more than:
26 (i) six and one-half amperes when the nominal
27 voltage of the power circuit is 2,400 volts or less; or
28 (ii) three and three-quarters of an ampere when the
29 nominal voltage of the power circuit exceeds 2,400 volts.
30 (4) High-voltage circuits extending from the section
20080S0949B1675 - 165 -
1 power center must be provided with all of the following:
2 (i) Ground-fault protection set to cause de-
3 energization at not more than 40% of the current rating
4 of the neutral grounding resistor.
5 (ii) A backup ground-fault detection device to cause
6 de-energization when a ground fault occurs with the
7 neutral grounding resistor open.
8 (iii) Thermal protection for the grounding resistor
9 that will de-energize the longwall power center if the
10 resistor is subjected to a sustained ground fault. The
11 thermal protection must operate at either 50% of the
12 maximum temperature rise of the grounding resistor or 150
13 Centigrade or 302 Fahrenheit, whichever is less, and must
14 open the ground-wire monitor circuit for the high-voltage
15 circuit supplying the section power center. The thermal
16 protection must not be dependent upon control power and
17 may consist of a current transformer and overcurrent
18 relay.
19 (5) High-voltage motor and shearer circuits must be
20 provided with instantaneous ground-fault protection set at
21 not more than 0.125 of an ampere.
22 (6) Time-delay settings of ground-fault protective
23 devices used to provide coordination with the instantaneous
24 ground-fault protection of motor and shearer circuits shall
25 not exceed one-quarter second.
26 (7) Undervoltage protection shall be provided by a
27 device which operates on low voltage to cause and maintain
28 the interruption of power to a circuit to prevent automatic
29 restarting of the equipment.
30 (b) Current transformers.--Current transformers used for the
20080S0949B1675 - 166 -
1 ground-fault protection specified in subsection (a)(1), (4)(i)
2 and (5) must be single window type and must be installed to
3 encircle all three-phase conductors. Equipment safety grounding
4 conductors must not pass through or be connected in series with
5 ground-fault current transformers.
6 (c) Test circuit.--Each ground-fault current device
7 specified in subsection (a)(4)(i) and (5) must be provided with
8 a test circuit that will inject a primary current of 50% or less
9 of the current rating of the grounding resistor through the
10 current transformer and cause each corresponding circuit-
11 interrupting device to open.
12 (d) Prohibition.--Circuit-interrupting devices shall not
13 reclose automatically.
14 (e) Multiple cables.--Where two or more high-voltage cables
15 are used to supply power to a common bus in a high-voltage
16 enclosure, each cable must be provided with ground wire
17 monitoring. The ground wire monitoring circuits must cause de-
18 energization of each cable when either the ground monitor or
19 grounding conductor of any cable becomes severed or open. On or
20 after the effective date of this section, parallel-connected
21 cables on newly installed longwalls must be protected as
22 follows:
23 (1) When one circuit-interrupting device is used to
24 protect parallel-connected cables, the circuit-interrupting
25 device must be electrically interlocked with the cables so
26 that the device will open when any cable is disconnected.
27 (2) When two or more parallel circuit-interrupting
28 devices are used to protect parallel-connected cables, the
29 circuit-interrupting devices must be mechanically and
30 electrically interlocked. Mechanical interlocking shall cause
20080S0949B1675 - 167 -
1 all devices to open simultaneously and electrical
2 interlocking shall cause all devices to open when any cable
3 is disconnected.
4 Section 337. Longwall disconnect switches.
5 (a) Section power center.--The section power center must be
6 equipped with a main disconnecting device installed to de-
7 energize all cables extending to longwall equipment when the
8 device is in the open position.
9 (b) Maintenance.--Disconnecting devices for motor-starter
10 enclosures must be maintained in accordance with the
11 department's approval. The compartment for the disconnect device
12 must be provided with a caution label to warn miners against
13 entering the compartment before de-energizing the incoming high-
14 voltage circuits to the compartment.
15 (c) Rating.--Disconnecting devices must be rated for the
16 maximum phase-to-phase voltage of the circuit in which they are
17 installed and for the full load current of the circuit that is
18 supplied power through the device.
19 (d) Installation.--Each disconnecting device must be
20 designed and installed so that:
21 (1) Visual observation determines that the contacts are
22 open without removing any cover.
23 (2) All load power conductors can be grounded when the
24 device is in the open position.
25 (3) The device can be locked in the open position.
26 (e) Capability.--Disconnecting devices, except those
27 installed in explosion-proof enclosures, shall be capable of
28 interrupting the full load current of the circuit or designed
29 and installed to cause the current to be interrupted
30 automatically prior to the opening of the contacts of the
20080S0949B1675 - 168 -
1 device. Disconnecting devices installed in explosion-proof
2 enclosures shall be maintained in accordance with the
3 department's approval.
4 Section 338. Guarding of longwall cables.
5 (a) High-voltage cables.--High-voltage cables shall be
6 guarded at the following locations:
7 (1) Where persons regularly work or travel over or under
8 the cables.
9 (2) Where the cables leave cable handling or support
10 systems to extend to electric components.
11 (b) Intent and design of guarding.--Guarding shall minimize
12 the possibility of miners contacting the cables and protect the
13 cables from damage. The guarding shall be made of grounded metal
14 or nonconductive flame-resistant material.
15 Section 339. Longwall cable-handling and support systems.
16 Longwall mining equipment shall be provided with cable-
17 handling and support systems that are constructed, installed and
18 maintained to minimize the possibility of miners contacting the
19 cables and to protect the high-voltage cables from damage.
20 Section 340. Use of longwall insulated cable handling
21 equipment.
22 (a) General rule.--Energized high-voltage cables shall not
23 be handled except when motor or shearer cables need to be
24 trained. When cables need to be trained, high-voltage insulated
25 gloves, mitts, hooks, tongs, slings, aprons or other personal
26 protective equipment capable of providing protection against
27 shock hazard shall be used to prevent direct contact with the
28 cable.
29 (b) Standards, examinations, testing and replacement.--High-
30 voltage insulated gloves, sleeves and other insulated personal
20080S0949B1675 - 169 -
1 protective equipment shall:
2 (1) have a voltage rating of at least Class 1, 7,500
3 volts, that meets or exceeds ASTM F496-97, Standard
4 Specification for In-Service Care of Insulating Gloves and
5 Sleeves (1997);
6 (2) be examined before each use for visible signs of
7 damage;
8 (3) be removed from the underground area of the mine or
9 destroyed when damaged or defective; and
10 (4) be electrically tested every six months.
11 Section 341. Maintenance.
12 Compartment separation and cover interlock switches for
13 motor-starter enclosures shall be maintained in accordance with
14 section 342.
15 Section 342. High-voltage longwall mining systems.
16 (a) General rule.--In each high-voltage motor-starter
17 enclosure, with the exception of a controller on a high-voltage
18 shearer, the disconnect device compartment,
19 control/communications compartment and motor contactor
20 compartment shall be separated by barriers or partitions to
21 prevent exposure of personnel to energized high-voltage
22 conductors or parts. Barriers or partitions shall be constructed
23 of grounded metal or nonconductive insulating board.
24 (a.1) High-voltage shearers.--In each motor-starter
25 enclosure on a high-voltage shearer, the high-voltage components
26 shall be separated from lower voltage components by barriers or
27 partitions to prevent exposure of personnel to energized high-
28 voltage conductors or parts. Barriers or partitions shall be
29 constructed of grounded metal or nonconductive insulating board.
30 (b) Interlock switches.--Each cover of a compartment in the
20080S0949B1675 - 170 -
1 high-voltage motor-starter enclosure containing high-voltage
2 components shall be equipped with at least two interlock
3 switches arranged to automatically de-energize the high-voltage
4 components within that compartment when the cover is removed.
5 (c) Circuit-interrupting devices.--Circuit-interrupting
6 devices shall be designed and installed to prevent automatic
7 reclosure of the cover.
8 (d) Transformers.--Transformers with high-voltage primary
9 windings that supply control voltages shall incorporate grounded
10 electrostatic (Faraday) shielding between the primary and
11 secondary windings. The shielding shall be connected to the
12 equipment ground by a minimum No. 12 AWG grounding conductor.
13 The secondary nominal voltage shall not exceed 120 volts, line
14 to line.
15 (e) Test circuits.--Test circuits shall be provided for
16 checking the condition of ground wire monitors and ground-fault
17 protection without exposing personnel to energized circuits.
18 Each ground-test circuit shall inject a primary current of 50%
19 or less of the current rating of the grounding resistor through
20 the current transformer and cause each corresponding circuit-
21 interrupting device to open.
22 (f) Disconnect devices.--Each motor-starter enclosure, with
23 the exception of a controller on a high-voltage shearer, shall
24 be equipped with a disconnect device installed to de-energize
25 all high-voltage power conductors extending from the enclosure
26 when the device is in the open position.
27 (1) When multiple disconnect devices located in the same
28 enclosure are used to satisfy the requirement of this
29 subsection, they shall be mechanically connected to provide
30 simultaneous operation by one handle.
20080S0949B1675 - 171 -
1 (2) The disconnect device shall be rated for the maximum
2 phase-to-phase voltage and the full-load current of the
3 circuit in which it is located and installed so that:
4 (i) visual observation determines that the contacts
5 are open without removing any cover;
6 (ii) the load-side power conductors are grounded
7 when the device is in the open position;
8 (iii) the device can be locked in the open position;
9 (iv) when located in an explosion-proof enclosure,
10 the device shall be designed and installed to cause the
11 current to be interrupted automatically prior to the
12 opening of the contacts; and
13 (v) when located in a nonexplosion-proof enclosure,
14 the device shall be designed and installed to cause the
15 current to be interrupted automatically prior to the
16 opening of the contacts, or the device shall be capable
17 of interrupting the full-load current of the circuit.
18 (g) Starters to be interlocked.--Control circuits for the
19 high-voltage motor starters shall be interlocked with the
20 disconnect device so that:
21 (1) The control circuit can be operated with an
22 auxiliary switch in the test position only when the
23 disconnect device is in the open and grounded position.
24 (2) The control circuit can be operated with the
25 auxiliary switch in the normal position only when the
26 disconnect switch is in the closed position.
27 (h) Determination of minimum available fault current.--A
28 study to determine the minimum available fault current shall be
29 submitted to the department to ensure adequate protection for
30 the length and conductor size of the longwall motor, shearer and
20080S0949B1675 - 172 -
1 trailing cables.
2 (i) Shielded construction of certain cables.--Longwall motor
3 and shearer cables with nominal voltages greater than 660 volts
4 shall be made of a shielded construction with a grounded
5 metallic shield around each power conductor.
6 (j) Instantaneous ground fault protection.--High-voltage
7 motor and shearer circuits shall be provided with instantaneous
8 ground fault protection of not more than 0.125 of an ampere.
9 Current transformers used for this protection shall be of the
10 single window type and shall be installed to encircle all three-
11 phase conductors.
12 Section 343. Longwall electrical work.
13 (a) Qualified workers.--Electrical work on all circuits and
14 equipment associated with high-voltage longwalls shall be
15 performed by MSHA-qualified persons.
16 (b) Procedures for work on circuits and equipment.--Except
17 for troubleshooting and testing of energized circuits and
18 equipment as provided under subsection (d), prior to performing
19 electrical work a qualified person shall do the following:
20 (1) De-energize the circuit or equipment with a circuit-
21 interrupting device.
22 (2) Open the circuit-disconnecting device. On high-
23 voltage circuits, ground the power conductors until work on
24 the circuit is completed.
25 (3) Lock out the disconnecting device with a padlock.
26 When more than one qualified person is performing work, each
27 person shall install an individual padlock.
28 (4) Tag the disconnecting device to identify each person
29 working and the circuit or equipment on which work is being
30 performed.
20080S0949B1675 - 173 -
1 (c) Restrictions relating to low-voltage, medium-voltage or
2 high-voltage distribution circuits or equipment.--No electrical
3 work shall be performed on low-voltage, medium-voltage or high-
4 voltage distribution circuits or equipment, except by a
5 qualified person or a person trained to perform electrical work
6 and to maintain electrical equipment under the direct
7 supervision of a qualified person. Disconnecting devices shall
8 be locked out and suitably tagged by the persons who perform the
9 work, except that in cases where locking out is not possible,
10 the devices shall be opened and suitably tagged by persons
11 performing the work. Locks or tags shall be removed only by the
12 persons who installed them or, if such persons are unavailable,
13 by persons authorized by the operator or his agent.
14 (d) Troubleshooting and testing of energized circuits.--
15 Troubleshooting and testing of energized circuits must be
16 performed only:
17 (1) On low-voltage and medium-voltage circuits.
18 (2) When the purpose of troubleshooting and testing is
19 to determine voltages and currents.
20 (3) By persons qualified to perform electrical work and
21 who wear protective gloves. Rubber-insulating gloves shall be
22 rated at least for the nominal voltage of the circuit when
23 the voltage of the circuit exceeds 120 volts nominal and is
24 not intrinsically safe.
25 (e) Troubleshooting and testing of multiple voltage
26 circuits.--Before troubleshooting and testing a low-voltage or
27 medium-voltage circuit contained in a compartment with a high-
28 voltage circuit, the high-voltage circuit must be de-energized,
29 disconnected, grounded, locked out and tagged in accordance with
30 subsection (b).
20080S0949B1675 - 174 -
1 (f) Conveyor belt structures.--Prior to the installation or
2 removal of a conveyor belt structure, high-voltage cables
3 extending from the section power center to the longwall
4 equipment and located in the belt entries shall be:
5 (1) deenergized; or
6 (2) guarded in accordance with section 338, at the
7 location where the belt structure is being installed or
8 removed.
9 Section 344. Testing, examination and maintenance of longwall
10 equipment.
11 (a) Equipment subject to seven-day inspection schedule.--At
12 least once every seven days, a MSHA-qualified person shall test
13 and examine each unit of high-voltage longwall equipment and
14 circuits to determine that electrical protection, equipment
15 grounding, permissibility cable insulation and control devices
16 are being properly maintained to prevent fire, electrical shock,
17 ignition or operational hazards from existing on the equipment.
18 Tests shall include activating the ground-fault test circuit.
19 (b) Equipment subject to 30-day inspection schedule.--Each
20 ground-wire monitor and associated circuits shall be examined
21 and tested at least once every 30 days to verify proper
22 operation and to verify that it will cause the corresponding
23 circuit-interrupting device to open.
24 (c) Removal or repair of equipment.--When examinations or
25 tests of equipment reveal a fire, electrical shock, ignition or
26 operational hazard, the equipment must be removed from service
27 immediately or repaired immediately.
28 (d) Certifications and records.--At the completion of
29 examinations and tests required by this section, the person who
30 makes the examinations and tests shall certify by signature and
20080S0949B1675 - 175 -
1 date that they have been conducted. A record shall be made of
2 any unsafe condition found and any corrective action taken.
3 Certifications and records shall be kept for at least one year
4 and shall be made available for inspection by authorized
5 representatives of the department and representatives of miners.
6 Section 345. (Reserved).
7 Section 346. (Reserved).
8 Section 347. (Reserved).
9 Section 348. (Reserved).
10 Section 349. (Reserved).
11 Section 350. Equipment approvals.
12 (a) Departmental discretion.--The department may require the
13 approval of all underground equipment, surface substations
14 feeding power underground, fans and personnel conveyances
15 (elevators, man hoists and escape capsules) connected to an
16 underground mine. All elevators at the time of installation
17 shall meet the criteria established in the current American
18 Society of Mechanical Engineers A17.1 Code, pertaining to
19 special application elevators, mine elevators, connected to an
20 underground mine. The equipment shall be grouped as follows for
21 the purposes of approval:
22 (1) Bituminous face equipment (BFE) - permissible
23 equipment.
24 (2) Bituminous open type equipment (BOTE) - non-
25 permissible equipment.
26 (3) Bituminous power distribution equipment (BPDE) -
27 nonpermissible power equipment.
28 (4) Surface installations:
29 (i) Mine power substations (MM-S).
30 (ii) Fans I (MM-F).
20080S0949B1675 - 176 -
1 (iii) Personnel conveyances (MM-P).
2 (5) Minewide monitoring systems (MWMS).
3 (b) Limitation of approvals.--The approvals under subsection
4 (a) are specifically limited by the provision that permissible
5 equipment approved by the MSHA Approval and Certification Center
6 that is not in conflict with and which meets the requirements of
7 this act shall be deemed to be approved by the department.
8 (c) Procedures for approval.--The procedures for approval of
9 underground and surface equipment are as follows:
10 (1) Approvals shall be limited to electrical systems,
11 safety systems required by this act and specifications
12 developed by the task force established by the parties and
13 provided for under subsection (d).
14 (2) Newly purchased permissible equipment shall be
15 constructed in a fashion as to provide accessibility for
16 inspection of permissible components.
17 (3) The evaluation to determine whether the equipment
18 should be approved shall be based strictly on the specific
19 criteria set forth in this act and the performance
20 specifications under subsection (d). In the absence of
21 performance specifications for equipment or specific
22 provisions of this act addressing such equipment; and if the
23 department considers that the equipment as designed or built
24 poses an unacceptable risk to the health or safety of miners,
25 the following procedure shall be applied:
26 (i) The department, in a written report, shall
27 specify the unacceptable risk, based upon objective
28 ascertainable data and criteria approved by a nationally
29 recognized standards organization.
30 (ii) The department shall convene a task force to
20080S0949B1675 - 177 -
1 develop specifications for the equipment in an expedited
2 fashion.
3 (iii) If the task force is unable to develop
4 applicable performance standards within 75 days, the
5 department may continue to withhold approval based upon
6 noncompliance with a mandatory safety standard of a
7 nationally recognized standards organization that has
8 been shown to be appropriate for mining.
9 (4) For new equipment, the prototype of which has not
10 been previously approved, a manufacturer or operator shall
11 submit to the department an application requesting approval.
12 The request for approval shall include four schematics, a
13 description and any other pertinent information for the
14 equipment.
15 (5) The application under paragraph (4) shall be
16 reviewed within 15 working days after receipt. Within the 45-
17 day period the department shall communicate verbally and in
18 writing to the applicant all discrepancies between the
19 application and the equipment performance specifications. If
20 the department does not communicate to the applicant within
21 the 15 days as described in this paragraph, the application
22 shall be deemed approved. If the applicant submits additional
23 schematics or information, the department shall have an
24 additional 15 days to communicate to the applicant concerning
25 such additional schematics or information.
26 (6) When the application review under paragraph (5) is
27 complete, an inspector shall be assigned to evaluate the
28 equipment and the operator or manufacturer notified of that
29 assignment. The equipment inspection shall be scheduled
30 within 20 working days of the departmental inspector being
20080S0949B1675 - 178 -
1 notified. If the inspector gets to the inspection site and
2 the equipment is not in conformance with the specific
3 criteria set forth in this act and the performance
4 specifications described in this section, the time frame
5 shall stop. When the equipment has been modified to conform
6 with the specific criteria set forth in this act and the
7 performance specifications, the operator shall notify the
8 department for a reinspection, and the department shall
9 schedule the reinspection within ten working days. If the
10 equipment is in conformance with the specific criteria set
11 out in this act and the performance specifications described
12 in this section, but the schematics are not, the equipment
13 can be used, but the operator or manufacturer shall have ten
14 working days to resubmit the corrected schematics or the
15 equipment shall be taken out of service.
16 (7) For previously approved equipment that an operator
17 proposes to modify, the approval procedure established for
18 new equipment that has not been previously approved is to be
19 applicable. The approval process shall address only the
20 modification that has been made and shall not require changes
21 to the components of the equipment that were initially
22 approved. For the purpose of this paragraph, modification
23 shall not include changes to equipment in which components
24 are changed and replaced with components that provide
25 equivalent protection. Modifications subject to approval
26 shall include only those changes to equipment which affect
27 whether the equipment still satisfies the applicable
28 performance specifications described in this section or set
29 out specifically in this act.
30 (8) Approved equipment and repaired equipment that has
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1 not been modified are outside the scope of the approval
2 process and shall be handled under the mine inspection
3 program of the department.
4 (9) Any direction to take corrective action shall be in
5 writing and shall specify the provisions of this act or the
6 performance specifications upon which the department relies.
7 (10) The department has the right to inspect equipment
8 to determine that it is in compliance with applicable
9 requirements of this act and the equipment performance
10 specifications. The inspections shall be performed in the
11 normal course of inspecting the mine and shall, to the extent
12 feasible, minimize the disruption of production.
13 (11) New or rebuilt equipment that has been approved,
14 but has not been inspected by an approval inspector, shall be
15 inspected by a mine electrical inspector. The operator shall
16 give reasonable notice to the mine electrical inspector for
17 an inspection prior to the equipment entering the mine. The
18 inspection shall be performed in the normal course of
19 inspecting the mine and shall, to the extent feasible,
20 minimize the disruption of production.
21 (d) Written criteria for equipment performance
22 specifications.--A task force shall be established to develop
23 written criteria for equipment performance specifications.
24 (1) The task force shall be comprised of equal numbers
25 of representatives, not less than two nor more than four,
26 selected by the department and the major trade association
27 representing coal operators in this Commonwealth. Final
28 consensus on performance specifications shall be determined
29 by a majority of the task force.
30 (2) The task force shall develop performance
20080S0949B1675 - 180 -
1 specifications for approval of equipment and reserves the
2 right, for just cause, to add or delete from the developed
3 equipment performance specifications.
4 (3) All equipment performance specifications approved
5 pursuant to the stipulation of settlement shall remain in
6 effect unless and until they are modified, suspended or
7 revoked by this act, regulations promulgated under this act
8 or the equipment performance specifications task force.
9 (e) Definitions.--As used in this section, the following
10 words and phrases shall have the meanings given to them in this
11 subsection:
12 "Permissible equipment." As applied to electric face
13 equipment, all electrically operated equipment taken into or
14 used in or by the last open crosscut of an entry or a room of
15 any coal mine the electrical parts of which equipment,
16 including, but not limited to, associated electrical equipment,
17 components and accessories, are designed, constructed and
18 installed in accordance with the specifications of MSHA to
19 assure that the equipment will not cause a mine explosion or
20 mine fire, and the other features of which are designed and
21 constructed, in accordance with the specifications of the
22 Secretary of Environmental Protection, to prevent, to the
23 greatest extent possible, other accidents in the use of the
24 equipment.
25 CHAPTER 4
26 DIESEL-POWERED EQUIPMENT
27 Section 401. Underground use.
28 (a) General rule.--Underground use of inby and outby diesel-
29 powered equipment, including mobile equipment, stationary
30 equipment and equipment of all horsepower ratings, shall only be
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1 approved, operated and maintained as provided under this
2 chapter, except for emergency fire-fighting equipment to be used
3 specifically for that purpose.
4 (b) Required attendant.--All diesel-powered equipment shall
5 be attended while in operation with the engine running in
6 underground mines. For purposes of this subsection, "attended"
7 shall mean an equipment operator is within sight or sound of the
8 diesel-powered equipment.
9 (c) Required certifications or approvals.--Inby and outby
10 diesel-powered equipment may be used in underground mines if the
11 inby or outby diesel-powered equipment uses an engine approved
12 or certified by MSHA, as applicable, for inby or outby use that,
13 when tested at the maximum fuel-air ratio, does not require a
14 MSHA Part 7 approval plate ventilation rate exceeding 75 c.f.m.
15 per rated horsepower. If MSHA promulgates new regulations that
16 change the MSHA Part 7 approval plate ventilation rate, the
17 c.f.m. requirement per rated horsepower shall be revised either
18 up or down on a direct ratio basis upon recommendation of the
19 technical advisory committee in accordance with section 424.
20 Section 402. Diesel-powered equipment package.
21 (a) Approval.--All diesel-powered equipment shall be
22 approved by the secretary as a complete diesel-powered equipment
23 package which shall be subject to all of the requirements,
24 standards and procedures set forth under this chapter.
25 (b) Diesel engine approval.--Diesel engines shall be
26 certified or approved, as applicable, by MSHA and maintained in
27 accordance with MSHA certification or approval and secretary
28 approval.
29 Section 403. Exhaust emissions control.
30 (a) Exhaust emissions control systems.--
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1 (1) Except as provided in paragraph (3), underground
2 diesel-powered equipment shall include an exhaust emissions
3 control and conditioning system that has been laboratory
4 tested with the diesel engine using the ISO 8178-1 test and
5 has resulted in diesel particulate matter emissions that do
6 not exceed an average concentration of 0.12 mg/m3 when
7 diluted by 100% of the MSHA Part 7 approval plate ventilation
8 rate for that diesel engine. If MSHA promulgates new
9 regulations that change the MSHA Part 7 approval plate
10 ventilation rate, the dilution percentage relative to the
11 approval plate ventilation rate shall be adjusted either up
12 or down on a direct ratio basis upon recommendation of the
13 technical advisory committee in accordance with section 424.
14 (2) Except as provided in paragraph (3), the exhaust
15 emissions control and conditioning system shall be required
16 to successfully complete a single series of laboratory tests
17 for each diesel engine, conducted at a laboratory accepted by
18 the secretary.
19 (3) An exhaust emissions control and conditioning system
20 may be approved for multiple diesel engine applications
21 through a single series of laboratory tests, known as the ISO
22 8178-1 test, only if data is provided to the technical
23 advisory committee that reliably verifies that the exhaust
24 emissions control and conditioning system meets, for each
25 diesel engine, the in-laboratory diesel particulate matter
26 standard established by this subsection. Data provided to
27 satisfy this paragraph shall include diesel particulate
28 matter production rates for the specified engine as measured
29 during the ISO 8178-1 test, if available. If ISO 8178-1 test
30 data for diesel particulate matter production is not
20080S0949B1675 - 183 -
1 available for a specified engine, comparable data may be
2 provided to the technical advisory committee that reliably
3 verifies that the exhaust emissions control and conditioning
4 system shall meet, for the specified diesel engine, the in-
5 laboratory diesel particulate matter standard established by
6 this subsection. This standard shall only be used for in-
7 laboratory testing for approval of diesel-powered equipment
8 for use underground.
9 (b) Components of exhaust emissions system.--The exhaust
10 emissions control and conditioning system shall include the
11 following:
12 (1) A diesel particulate matter (DPM) filter that has
13 proven capable of a reduction in total diesel particulate
14 matter to a level that does not exceed the requirements of
15 subsection (a)(1). However, the technical advisory committee
16 may evaluate, in accordance with section 424, alternative
17 technologies that have the ability to meet the 0.12 mg/m3
18 standard.
19 (2) An oxidation catalyst or other gaseous emissions
20 control device capable of reducing undiluted carbon monoxide
21 emissions to 100 ppm or less under all conditions of
22 operation at normal engine operating temperature range.
23 (3) An engine surface temperature control capable of
24 maintaining significant external surface temperatures below
25 302 degrees Fahrenheit.
26 (4) A system capable of reducing the exhaust gas
27 temperature below 302 degrees Fahrenheit.
28 (5) An automatic engine shutdown system that shuts off
29 the engine before the exhaust gas temperature reaches 302
30 degrees Fahrenheit and, if water-jacketed components are
20080S0949B1675 - 184 -
1 used, before the engine coolant temperature reaches 212
2 degrees Fahrenheit. A warning shall be provided to alert the
3 equipment operator prior to engine shutdown.
4 (6) A spark arrestor system.
5 (7) A flame arrestor system.
6 (8) A sampling port for measurement of undiluted and
7 untreated exhaust gases as they leave the engine.
8 (9) A sampling port for measurement of treated undiluted
9 exhaust gases before they enter the mine atmosphere.
10 (10) For permissible diesel equipment, any additional
11 MSHA regulations must be met.
12 (c) Diagnostics systems.--Onboard engine performance and
13 maintenance diagnostics systems shall be capable of continuously
14 monitoring and giving readouts for paragraphs (1), (2), (3),
15 (4), (5), (6), (7) and (8). The diagnostics system shall
16 identify levels that exceed the engine or component
17 manufacturer's recommendation or the applicable MSHA or bureau
18 requirements as to the following:
19 (1) Engine speed.
20 (2) Operating hour meter.
21 (3) Total intake restriction.
22 (4) Total exhaust back pressure.
23 (5) Cooled exhaust gas temperature.
24 (6) Coolant temperature.
25 (7) Engine oil pressure.
26 (8) Engine oil temperature.
27 Section 404. Ventilation.
28 (a) Minimum quantities.--Minimum quantities of ventilating
29 air where diesel-powered equipment is operated shall be
30 maintained pursuant to this section.
20080S0949B1675 - 185 -
1 (b) Approvals.--Each specific model of diesel-powered
2 equipment shall be approved by the secretary before it is taken
3 underground. The secretary shall require that an approval plate
4 be attached to each piece of the diesel-powered equipment. The
5 approval plate shall specify the minimum ventilating air
6 quantity for the specific piece of diesel-powered equipment. The
7 minimum ventilating air quantity shall be determined by the
8 bureau based on the amount of air necessary at all times to
9 maintain the exhaust emissions at levels not exceeding the
10 exposure limits established under section 419.
11 (c) (Reserved).
12 (d) Multiple units in operation.--Where multiple units are
13 operated, the minimum quantity shall be at least the total of
14 100% of MSHA's Part 7 approval plate ventilation rate for each
15 unit operating in that split. Air quantity measurements to
16 determine compliance with this requirement shall be made at the
17 most downwind unit of diesel-powered equipment that is being
18 operated in that air split. If MSHA promulgates new regulations
19 that change the MSHA Part 7 approval plate ventilation rate, the
20 minimum quantity where multiple units are operated shall be
21 revised on a direct ratio basis upon recommendation of the
22 technical advisory committee in accordance with section 424.
23 (e) Minimum quantities of air in certain splits.--The
24 minimum quantities of air in any split where any diesel-powered
25 equipment is operated shall be in accordance with the minimum
26 air quantities required in subsections (a) and (b) and shall be
27 specified in the mine diesel ventilation plan.
28 Section 405. Fuel storage facilities.
29 (a) General rule.--An underground diesel fuel storage
30 facility shall be any facility designed and constructed to
20080S0949B1675 - 186 -
1 provide for the storage of any mobile diesel fuel transportation
2 units or the dispensing of diesel fuel.
3 (b) Diesel fuel standards.--Diesel-powered equipment shall
4 be used underground only with fuel that meets the standards of
5 the most recently approved United States Environmental
6 Protection Agency (EPA) guidelines for over-the-road fuel.
7 Additionally, the fuel shall also meet the ASTM D975 standards
8 with a flash point of 100 degrees Fahrenheit or greater at
9 standard temperature and pressure. The operator shall maintain a
10 copy of the most recent delivery receipt from the supplier to
11 verify that the fuel used underground meets this standard.
12 (c) Requirements.--Underground diesel fuel storage
13 facilities shall meet the following general requirements:
14 (1) Fixed underground diesel fuel storage tanks are
15 prohibited.
16 (2) No more than 500 gallons of diesel fuel shall be
17 stored in each underground diesel fuel storage facility.
18 (d) Location.--Underground diesel fuel storage facilities
19 shall be located as follows:
20 (1) at least 100 feet from shafts, slopes, shops and
21 explosives magazines;
22 (2) at least 25 feet from trolley wires, haulage ways,
23 power cables and electric equipment not necessary for the
24 operation of the storage facilities; and
25 (3) in an area that is as dry as practicable.
26 (e) Construction requirements.--
27 (1) Underground diesel fuel storage facilities shall
28 meet the construction requirements and safety precautions
29 under this subsection.
30 (2) Underground diesel fuel storage facilities shall
20080S0949B1675 - 187 -
1 meet all of the following:
2 (i) Be constructed of noncombustible materials and
3 provided with either self-closing or automatic closing
4 doors.
5 (ii) Be ventilated directly into the return air
6 course using noncombustible materials.
7 (iii) Be equipped with an automatic fire suppression
8 system complying with section 408. The technical advisory
9 committee may recommend for approval an alternate method
10 of complying with this section on a mine-by-mine basis in
11 accordance with section 424.
12 (iv) Be equipped with at least two portable 20-pound
13 multipurpose dry-chemical type fire extinguishers.
14 (v) Be marked with conspicuous signs designating
15 combustible liquid storage.
16 (vi) Be included in the preshift examination.
17 (3) Welding or cutting other than that performed in
18 accordance with paragraph (4) shall not be done within 50
19 feet of a diesel fuel storage facility.
20 (4) When it is necessary to weld, cut or solder
21 pipelines, cylinders, tanks or containers that may have
22 contained diesel fuel, the following requirements shall
23 apply:
24 (i) Cutting or welding shall not be performed on or
25 within containers or tanks that have contained
26 combustible or flammable materials until the containers
27 or tanks have been thoroughly purged and cleaned or
28 rendered inert and a vent or opening is provided to allow
29 for sufficient release of any buildup pressure before
30 heat is applied.
20080S0949B1675 - 188 -
1 (ii) Diesel fuel shall not be allowed to enter
2 pipelines or containers that have been welded, soldered,
3 brazed or cut until the metal has cooled to ambient
4 temperature.
5 Section 406. Transfer of diesel fuel.
6 (a) General rule.--Diesel fuel shall be transferred as
7 provided in this section.
8 (b) Pump transfers.--When diesel fuel is transferred by
9 means of a pump and a hose equipped with a nozzle containing a
10 self-closing valve, a powered pump may be used only if:
11 (1) the hose is equipped with a nozzle containing a
12 self-closing valve without a latch-open device; and
13 (2) the pump is equipped with an accessible emergency
14 shutoff switch.
15 (c) Compressed gas prohibition.--Diesel fuel shall not be
16 transferred using compressed gas.
17 (d) Status of diesel engine.--Diesel fuel shall not be
18 transferred to the fuel tank of diesel-powered equipment while
19 the equipment's engine is running.
20 (e) Dry-system design.--Diesel fuel piping systems shall be
21 designed and operated as dry systems.
22 (f) Standards for pipes, valves and fittings.--All piping,
23 valves and fittings shall meet the following requirements:
24 (1) Be capable of withstanding working pressures and
25 stresses.
26 (2) Be capable of withstanding four times the static
27 pressures.
28 (3) Be compatible with diesel fuel.
29 (4) Be maintained in a manner that prevents leakage.
30 (g) Manual shutoff valves.--Vertical pipelines shall have
20080S0949B1675 - 189 -
1 manual shutoff valves installed at the surface filling point and
2 at the underground discharge point.
3 (h) Exposed fuel pipelines.--Unburied diesel fuel pipelines
4 shall not exceed 300 feet in length and shall have shutoff
5 valves located at each end of the unburied pipeline.
6 (i) Horizontal pipeline prohibition.--Horizontal pipelines
7 shall not be used to distribute fuel throughout a mine.
8 (j) Limitation on piping systems.--Diesel fuel piping
9 systems shall be used only to transport fuel from the surface
10 directly to a single underground diesel fuel transfer point.
11 (k) Restrictions related to boreholes.--When boreholes are
12 used, the diesel fuel piping system shall not be located in a
13 borehole with electric power cables.
14 (l) Inspections.--Diesel fuel pipelines located in any shaft
15 shall be included as part of the required examination of the
16 shaft.
17 (m) Location in entries.--Diesel fuel piping systems located
18 in entries shall not be located on the same side of the entry as
19 electric cables or power lines.
20 (n) Trolley-haulage limitations.--Diesel fuel pipelines
21 shall not be located in any trolley-haulage entry, except that
22 they may cross the entry perpendicular if buried or otherwise
23 protected from damage and sealed.
24 (o) Protection.--Diesel fuel piping systems shall be
25 protected to prevent physical damage.
26 Section 407. Containers.
27 (a) General rule.--Containers for the transport of diesel
28 fuel shall meet the requirements of this section.
29 (b) Limitations on containers.--Diesel fuel shall be
30 transported only in containers specifically designed for the
20080S0949B1675 - 190 -
1 transport of diesel fuel.
2 (c) Limitations on vehicle transport.--No more than one
3 safety can, conspicuously marked, shall be transported on a
4 vehicle at any time.
5 (d) Standards for containers other than safety containers.--
6 Containers, other than safety cans, used to transport diesel
7 fuel shall be provided with the following:
8 (1) Devices for venting.
9 (2) Self-closing caps.
10 (3) Vent pipes at least as large as the fill or
11 withdrawal connection, whichever is larger, but not less than
12 one and one-fourth inch nominal inside diameter.
13 (4) Liquid-tight connections for all container openings
14 that are identified by conspicuous markings and closed when
15 not in use.
16 (5) Shutoff valves located within one inch of the tank
17 shell on each connection through which liquid can normally
18 flow.
19 (e) Tanks with manual gauging.--When tanks are provided with
20 openings for manual gauging, liquid-tight caps or covers shall
21 be provided and shall be kept closed when not open for gauging.
22 (f) Capacity of containers.--Containers used for the
23 transport of diesel fuel shall not exceed a capacity of 500
24 gallons.
25 (g) Certain containers as permanent fixtures.--Containers,
26 other than safety cans, used for the transport of diesel fuel
27 shall be permanently fixed to the transportation unit.
28 (h) Method of transportation.--Diesel fuel transportation
29 units shall be transported individually and not with any other
30 cars, except that two diesel fuel transportation units up to a
20080S0949B1675 - 191 -
1 maximum of 500 gallons each may be transported together.
2 (i) Prohibition.--Diesel fuel shall not be transported on
3 conveyor belts.
4 (j) Fire extinguisher.--When transporting diesel fuel in
5 containers other than safety cans, a fire extinguisher shall be
6 provided on each end of the transportation unit. The fire
7 extinguishers shall be multipurpose type dry-chemical fire
8 extinguishers containing a nominal weight of 20 pounds.
9 (k) Fire suppression systems for diesel transportation
10 units.--Diesel fuel transportation units shall have a fire
11 suppression system that meets the requirements of section 408.
12 (l) Limitations where trolley wires are present.--In mines
13 where trolley wire is used, diesel fuel transportation units
14 shall be provided with insulating material to protect the units
15 from any energized trolley wire, and the distance between the
16 diesel fuel transportation unit and the trolley wire shall not
17 be less than 12 inches, or the trolley wire shall be de-
18 energized when diesel fuel transportation units are transported
19 through the area.
20 (m) Parking restrictions.--Unattended diesel fuel
21 transportation units shall be parked only in underground diesel
22 fuel storage facilities.
23 (n) Emergency fueling restrictions.--Safety cans shall be
24 used for emergency fueling only.
25 (o) Standards for safety cans.--Safety cans shall be clearly
26 marked, have a maximum capacity of five gallons, be constructed
27 of metal and be equipped with a nozzle and self-closing valves.
28 Section 408. Fire suppression for equipment and transportation.
29 (a) General rule.--Fire suppression systems for diesel-
30 powered equipment and fuel transportation units shall meet the
20080S0949B1675 - 192 -
1 requirements of this section.
2 (b) Type system.--The system must be an automatic
3 multipurpose dry-powder type fire suppression system suitable
4 for the intended application and listed or approved by a
5 nationally recognized independent testing laboratory.
6 Installation requirements shall be as follows:
7 (1) The system shall be installed in accordance with the
8 manufacturer's specifications and the limitations of the
9 listing or approval.
10 (2) The system shall be installed in a protected
11 location or guarded to minimize physical damage from routine
12 operations.
13 (3) Suppressant agent distribution tubing or piping of
14 the system shall be secured and protected against damage,
15 including pinching, crimping, stretching, abrasion and
16 corrosion.
17 (4) Discharge nozzles of the system shall be positioned
18 and aimed for maximum fire suppression effectiveness in the
19 protected areas. Nozzles shall also be protected against the
20 entrance of foreign materials, such as mud, coal dust or rock
21 dust that could prevent proper discharge of suppressant
22 agent.
23 (c) Automatic fire detection and suppression.--The fire
24 suppression system shall provide automatic fire detection and
25 suppression for all of the following:
26 (1) The engine, transmission, hydraulic pumps and tanks,
27 fuel tanks, exposed brake units, air compressors and battery
28 areas, as applicable, on all diesel-powered equipment.
29 (2) Fuel containers and electric panels or controls used
30 during fuel transfer operations on fuel transportation units.
20080S0949B1675 - 193 -
1 (d) Fault and fire alarm annunciators.--The fire suppression
2 system shall include a system fault and fire alarm annunciator
3 that can be seen and heard by the equipment operator.
4 (e) Automatic engine shutdown.--The fire suppression system
5 shall provide for automatic engine shutdown. Engine shutdown and
6 discharge of suppressant agent may be delayed for a maximum of
7 15 seconds after the fire alarm annunciator alerts the operator.
8 (f) Manual actuators.--At least two manual actuators shall
9 be provided, with at least one manual actuator at each end of
10 the equipment. If the equipment is provided with an operator's
11 compartment, one of the mechanical actuators shall be located in
12 the compartment within easy reach of the operator. For
13 stationary equipment, the two manual actuators shall be located
14 with at least one actuator on the stationary equipment and at
15 least one actuator a safe distance away from the equipment and
16 in intake air.
17 Section 409. Fire suppression for storage areas.
18 (a) General rule.--Fire suppression systems for diesel fuel
19 storage areas shall meet the requirements of this section.
20 (b) Type system.--The system shall be an automatic
21 multipurpose dry-powder type fire suppression system or other
22 system of equal capability, suitable for the intended
23 application and listed or approved by a nationally recognized
24 independent testing laboratory. The system shall meet the
25 following installation requirements:
26 (1) The system shall be installed in accordance with the
27 manufacturer's specifications and the limitations of the
28 listing or approval.
29 (2) The system shall be installed in a protected
30 location or guarded to minimize physical damage from routine
20080S0949B1675 - 194 -
1 operations.
2 (3) Suppressant agent distribution tubing or piping of
3 the system shall be secured and protected against damage,
4 including pinching, crimping, stretching, abrasion and
5 corrosion.
6 (4) Discharge nozzles of the system shall be positioned
7 and aimed for maximum fire suppression effectiveness in the
8 protected areas. Nozzles shall also be protected against the
9 entrance of foreign materials, such as mud, coal dust and
10 rock dust that could prevent proper discharge of suppressant
11 agent.
12 (c) Automatic fire detection and suppression.--The fire
13 suppressant system shall provide automatic fire detection and
14 suppression for the fuel storage tanks, containers, safety cans,
15 pumps, electrical panels and control equipment in fuel storage
16 areas.
17 (d) Types of alarms.--Audible and visual alarms to warn of
18 fire or system faults shall be provided at the protected area
19 and at a surface location that is always staffed when persons
20 are underground. A means shall also be provided for warning all
21 endangered persons in the event of fire.
22 (e) Manual actuators.--Fire suppression systems shall
23 include two manual actuators with at least one located within
24 the fuel storage facility and at least one located a safe
25 distance away from the storage facility and in intake air.
26 (f) System operation.--The fire suppression system shall
27 remain operative in the event of electrical system failure.
28 (g) Monitoring of certain systems.--If electrically
29 operated, the detection and actuation circuits shall be
30 monitored and provided with status indicators showing power and
20080S0949B1675 - 195 -
1 circuit continuity. If not electrically operated, a means shall
2 be provided to indicate the functional readiness status of the
3 system.
4 (h) Weekly visual inspection.--Fire suppression devices
5 shall be visually inspected at least once each week by a person
6 qualified to make the inspection.
7 (i) Maintenance, testing and records.--Each fire suppression
8 device shall be tested and maintained. A record shall be
9 maintained of the inspection required by this subsection. The
10 record of the weekly inspections shall be maintained at an
11 appropriate location for each fire suppression device.
12 (j) (Reserved).
13 (k) Instructions.--All miners normally assigned to the
14 active workings of a mine shall be instructed about any hazards
15 inherent to the operation of all fire suppression devices
16 installed and, where appropriate, the safeguards available for
17 each device.
18 Section 410. Use of certain starting aids prohibited.
19 The use of volatile or chemical starting aids is prohibited.
20 Section 411. Fueling.
21 (a) Restrictions on fueling locations.--Fueling of diesel-
22 powered equipment shall not be conducted in the intake escape-
23 way unless the mine design and entry configuration make it
24 necessary. In those cases where fueling in the intake escape-way
25 is necessary, the mine operator shall submit a plan for approval
26 to the secretary, which shall be investigated by the technical
27 advisory committee in accordance with section 402, outlining the
28 special safety precautions that will be taken to insure the
29 protection of miners. The submitted plan shall specify a
30 location, such as the end of the tail piece track or adjacent to
20080S0949B1675 - 196 -
1 the load out point, where fueling shall be conducted in the
2 intake escape-way and all other safety precautions that shall be
3 taken, which shall include an examination of the area for
4 spillage or fire by a qualified person.
5 (b) Spill cleanup.--Diesel fuel and other combustible
6 materials shall be cleaned up and not be permitted to accumulate
7 anywhere in an underground mine or on diesel-powered or electric
8 equipment located in a mine.
9 (c) Trained person on duty.--At least one person specially
10 trained in the cleanup and disposal of diesel fuel spills shall
11 be on duty at the mine when diesel-powered equipment or mobile
12 fuel transportation equipment is being used or when any fueling
13 of diesel-powered equipment is being conducted.
14 Section 412. Fire and safety training.
15 (a) Training of underground employees.--All underground
16 employees at the mine shall receive special instruction related
17 to fighting fires involving diesel fuel. This training may be
18 included in annual refresher training under MSHA regulations at
19 30 CFR Part 48 (relating to training and retraining of miners)
20 or included in the fire drills required under MSHA regulations
21 relating to program of instruction; location and use of fire
22 fighting equipment; location of escape-ways, exits and routes of
23 travel; evacuation procedures; and fire drills.
24 (b) Training of miners.--All miners shall be trained in
25 precautions for safe and healthful handling and disposal of
26 diesel-powered equipment filters. All used intake air filters,
27 exhaust diesel particulate matter filters and engine oil filters
28 shall be placed in their original containers or other suitable
29 enclosed containers and removed from the underground mine to the
30 surface. Arrangements shall be made for safe handling and
20080S0949B1675 - 197 -
1 disposal of these filters within a timely manner after they have
2 reached the surface.
3 Section 413. Maintenance.
4 (a) General rule.--Diesel-powered equipment shall be
5 maintained in an approved and safe condition as described in
6 this chapter or removed from service. Failure of the mine
7 operator to comply with the maintenance requirements of this
8 subsection may result in revocation of the secretary's approval
9 of the complete diesel-powered equipment package, provided
10 appropriate notification has been given to the mine operator and
11 the procedures of this section have been followed. Upon
12 receiving the appropriate notification, the mine operator shall
13 have 30 days to submit a plan to achieve and maintain
14 compliance. The plan shall be evaluated by the secretary and,
15 upon approval, the mine operator shall implement the plan. The
16 secretary shall monitor the mine operator's compliance. If the
17 secretary then determines that the mine operator is unable or
18 unwilling to comply, the secretary shall revoke the mine
19 operator's approval.
20 (b) Acquisition and maintenance of approvals.--To acquire
21 and maintain approval of a complete diesel-powered equipment
22 package, the mine operator shall comply with the following
23 requirements:
24 (1) All service, maintenance and repairs of approved
25 complete diesel-powered equipment packages shall be performed
26 by mechanics who are trained and qualified in accordance with
27 section 422.
28 (2) Service and maintenance of approved complete diesel-
29 powered equipment packages shall be performed according to:
30 (i) the specified routine maintenance schedule;
20080S0949B1675 - 198 -
1 (ii) onboard performance and maintenance diagnostics
2 readings;
3 (iii) emissions test results; and
4 (iv) component manufacturers' recommendations.
5 Section 414. Records.
6 (a) General rule.--A record shall be made of all emissions
7 tests, preoperational examinations and maintenance and repairs
8 of complete diesel-powered equipment packages. The records made
9 pursuant to this section shall meet the requirements of this
10 section.
11 (b) Written certification.--The person performing the
12 emissions test, examination, maintenance or repair shall certify
13 by date, time, engine hour reading and signature that the
14 emissions test, examination, maintenance or repair was made.
15 (c) Results.--Records of emissions tests and examinations
16 shall include the specific results of such tests and
17 examinations.
18 (d) Content.--Records of maintenance and repairs shall
19 include the work that was performed, any fluids or oil added,
20 parts replaced or adjustments made and the results of any
21 subsequently required emissions testing.
22 (e) Preoperational examination record retention.--Records of
23 preoperational examinations shall be retained for the previous
24 100-hour maintenance cycle.
25 (f) Certain records to be countersigned.--Records of
26 emissions tests, 100-hour maintenance tests and repairs shall be
27 countersigned once each week by the certified mine electrician
28 or mine foreman.
29 (g) Other record retention.--Except as specified in
30 subsection (e), all records required by this section shall be
20080S0949B1675 - 199 -
1 retained for at least one year at a surface location at the mine
2 and made available for inspection by the department and by
3 miners and their representatives.
4 Section 415. Duties of equipment operator.
5 (a) Preoperational examination.--Prior to use of a piece of
6 diesel-powered equipment during a shift, an equipment operator
7 shall conduct an examination as follows:
8 (1) Check the exhaust emissions control and conditioning
9 system components to determine that the components are in
10 place and not damaged or leaking.
11 (2) Assure that the equipment is clean and free of
12 accumulations of combustibles.
13 (3) Assure that the machine is loaded safely.
14 (4) Check for external physical damage.
15 (5) Check for loose or missing connections.
16 (6) Check engine oil level.
17 (7) Check transmission oil level.
18 (8) Check other fluid levels, if applicable.
19 (9) Check for hydraulic, coolant and oil leaks.
20 (10) Check fan, water pump and other belts.
21 (11) Check the fan for damage.
22 (12) Check guards.
23 (13) Check the fuel level.
24 (14) Check for fuel leaks.
25 (15) Comply with recordkeeping requirements pursuant to
26 section 414.
27 (b) Operational examination.--After the engine is started
28 and warmed up, the equipment operator shall conduct an
29 examination as follows:
30 (1) Check all onboard engine performance and maintenance
20080S0949B1675 - 200 -
1 diagnostics system gauges for proper operation and in-range
2 readings. The equipment operator shall immediately shut down
3 the engine and notify the operator if the onboard readings
4 indicate any of the following:
5 (i) Intake restriction at full engine speed is
6 greater than the manufacturer's recommendation.
7 (ii) Exhaust restriction at full engine speed is
8 greater than the manufacturer's recommendation.
9 (iii) Coolant temperature is at or near 212 degrees
10 Fahrenheit.
11 (iv) Low engine oil pressure.
12 (v) High engine oil temperature.
13 (2) Check safety features, including, but not limited
14 to, the throttle, brakes, steering, lights and horn.
15 (3) Comply with recordkeeping requirements pursuant to
16 section 414.
17 Section 416. Schedule of maintenance.
18 At intervals not exceeding 100 hours of engine operation, a
19 qualified mechanic shall perform the following maintenance and
20 make all necessary adjustments or repairs or remove the
21 equipment from service:
22 (1) Wash or steam clean the equipment.
23 (2) Check for and remove any accumulations of coal, coal
24 dust or other combustible materials.
25 (3) Check the equipment for damaged or missing
26 components or other visible defects.
27 (4) Conduct electrical and safety component inspections.
28 (5) Replace engine oil and oil filter.
29 (6) Check the transmission oil level and add oil, if
30 necessary.
20080S0949B1675 - 201 -
1 (7) Check hydraulic oil level and add oil, if necessary.
2 (8) Check the engine coolant level and add coolant, if
3 necessary.
4 (9) Check all other fluid levels and add fluid, if
5 necessary.
6 (10) Check for oil, coolant and other fluid leaks.
7 (11) Inspect the cooling fan, radiator and shroud.
8 Remove any obstructions and make necessary repairs.
9 (12) Check all belts. Tighten or replace, if necessary.
10 (13) Check the battery and service as necessary.
11 (14) Check the automatic fire suppression system.
12 (15) Check the portable fire extinguisher.
13 (16) Check the lights.
14 (17) Check the warning devices.
15 (18) With the engine operating, check and replace or
16 repair the following:
17 (i) Oil pressure.
18 (ii) Intake air restriction at full engine speed.
19 (iii) Exhaust gas restriction at full engine speed.
20 (iv) Exhaust flame arrestor.
21 (v) All gauges and controls.
22 (19) Conduct repeatable loaded engine-operating test in
23 accordance with section 418.
24 (20) If the equipment is approved with a nondisposable
25 diesel particulate filter, a smoke dot test of the filtered
26 exhaust must be performed at this time. The results of the
27 smoke dot test shall be recorded on the 100-hour emissions
28 form. If the interpreted smoke dot number is greater than
29 three, the technical advisory committee shall be notified and
30 shall investigate to determine if the filter is functioning
20080S0949B1675 - 202 -
1 properly.
2 (21) Evaluate and interpret the results of all of the
3 above tests and examinations and make all necessary repairs
4 or remove the equipment from service.
5 (22) Comply with the recordkeeping requirements pursuant
6 to section 414.
7 Section 417. Emissions monitoring and control.
8 (a) General rule.--Emissions for diesel-powered equipment
9 shall be monitored and controlled as provided in this section.
10 (b) Determination of baseline emission values.--When any
11 diesel-powered equipment first enters service at a mine,
12 baseline emission values shall be determined by a qualified
13 mechanic. Unless the technical advisory committee in accordance
14 with section 424 recommends an alternate procedure, the
15 qualified mechanic shall:
16 (1) Verify that the seal on the engine fuel injector is
17 in place and that the proper fuel pump is on the equipment.
18 (2) Install a new clean intake air cleaner, measure and
19 record the intake restriction pressure.
20 (3) Check the level of engine oil.
21 (4) Change the engine lubrication oil if not fresh.
22 (5) Check the level of the transmission fluid.
23 (6) Measure and record the exhaust backpressure. If
24 exhaust gas back pressure is above that recommended by the
25 manufacturer, steps must be taken to bring the exhaust gas
26 back pressure within the manufacturer's recommended limit
27 prior to beginning the test described in this subsection.
28 (7) Test the brakes.
29 (8) Place the equipment into an intake entry.
30 (9) Set the brakes and chock the wheels.
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1 (10) Install an exhaust gas analyzer into the untreated
2 exhaust gas port.
3 (11) Start the engine and allow it to warm up to
4 operating temperature.
5 (12) Put the engine into a loaded condition. For this
6 section, the loaded condition for the baseline emissions
7 testing shall be determined by the technical advisory
8 committee by determining CO2 values that are representative
9 of the MSHA lug curve readings for that engine model and
10 horsepower.
11 (13) Start the exhaust gas analyzer and allow the engine
12 to operate in the loaded condition for a sufficient length of
13 time not less than a 90-second duration to insure proper CO
14 readings. The qualified mechanic shall record both CO and CO2
15 readings. Note: Baseline CO values shall be determined by the
16 technical advisory committee based upon MSHA lug curve
17 readings for that engine model and horsepower. If the
18 baseline CO values are greater than the MSHA lug curve
19 values, the technical advisory committee shall investigate
20 and either recommend approval or disapproval or recommend
21 alternate methods of meeting the requirements of this
22 section.
23 (14) Comply with recordkeeping requirements pursuant to
24 section 414.
25 (15) An alternative to the testing provided in
26 paragraphs (1) through (14) may be developed by the technical
27 advisory committee in accordance with section 424.
28 (16) Emissions test procedures for this section shall be
29 submitted to the technical advisory committee in accordance
30 with section 424 prior to being implemented for each engine
20080S0949B1675 - 204 -
1 and equipment type.
2 Section 418. Diagnostic testing.
3 (a) Tests.--At intervals not exceeding once every 100 hours
4 of engine operation, a qualified mechanic shall perform
5 equipment maintenance diagnostic testing of each piece of
6 diesel-powered equipment in the mine. The qualified mechanic
7 shall do all of the following:
8 (1) Verify the identification numbers on the equipment.
9 (2) Check the level of the engine lubricating oil.
10 (3) Check the level of the transmission fluid.
11 (4) Set the brakes and chock the wheels.
12 (5) Install the portable carbon monoxide sampling device
13 into the untreated exhaust port coupling provided in the
14 operator's cab.
15 (6) Start the engine and allow it to warm up to
16 operating temperature.
17 (7) Check the intake restriction and the exhaust back
18 pressure at high idle speed.
19 (8) If the intake restriction is more than the
20 manufacturer's maximum recommended intake restriction,
21 replace the intake filter with a clean one.
22 (9) If exhaust gas back pressure is above that
23 recommended by the manufacturer, take steps to bring the
24 exhaust gas back pressure within the manufacturer's
25 recommended limit prior to beginning the test described in
26 this section.
27 (10) Put the engine into a loaded condition. As used in
28 this paragraph, the term loaded condition shall mean a
29 condition in which the carbon dioxide values are
30 representative of the MSHA lug curve values for that engine
20080S0949B1675 - 205 -
1 model and horsepower rating.
2 (11) Take the following steps:
3 (i) Start the exhaust gas analyzer.
4 (ii) Allow the engine to operate for a sufficient
5 time, not less than 90 seconds, to insure proper carbon
6 monoxide readings and record both carbon monoxide and
7 carbon dioxide readings.
8 (12) Install the exhaust gas analyzer into the treated
9 exhaust port and repeat steps set forth in paragraphs (10)
10 and (11).
11 (13) If the average carbon monoxide reading for
12 untreated exhaust gas is greater than twice the baseline
13 established under section 417(b) or if the average carbon
14 monoxide reading for treated exhaust gas is greater than 100
15 pounds per minute, the equipment has failed and shall be
16 serviced and retested before it is returned to regular
17 service.
18 (14) Comply with recordkeeping requirements under
19 section 414.
20 (b) Procedures.--Emissions test procedures for this section
21 must be submitted to the technical advisory committee under
22 section 424 prior to being implemented for each engine and
23 equipment type.
24 (c) Alternative procedure.--An alternative to the testing
25 provided in subsection (a) may be developed by the technical
26 advisory committee under section 424.
27 Section 419. Exhaust gas monitoring and control.
28 (a) Concentration.--In monitoring and controlling exhaust
29 gases, the ambient concentration of exhaust gases in the mine
30 atmosphere shall not exceed 35 parts per million for carbon
20080S0949B1675 - 206 -
1 monoxide and three pounds per minute for nitrogen dioxide. The
2 concentration of these exhaust gases shall be measured at the
3 equipment operator's or equipment attendant's position and by
4 the last piece of diesel-powered equipment operating in the same
5 split of air. Measurements shall be made weekly or more often if
6 necessary by a qualified person and shall be conducted under the
7 requirements of this section.
8 (b) Measurement.--Measurement of exhaust gases shall be made
9 with a sampling instrument no less precise than detector tubes.
10 (c) Changes.--If the concentration of a gas listed in
11 subsection (a) is at least 75% of its exposure limit, changes to
12 the use of the diesel equipment, the mine ventilation or the
13 mining process shall be made.
14 (d) Excessive exposure.--If the concentration of a gas
15 listed in subsection (a) exceeds the exposure limit, the diesel
16 equipment operating in that split shall be removed from service
17 immediately, and corrective action shall be taken. After
18 corrective action has been taken by the mine operator, the
19 diesel equipment may be returned to service in its regular
20 operating mode for emissions testing purposes only; and
21 emissions testing shall be conducted immediately to assure that
22 the concentration does not exceed 75% of the exposure limit.
23 Corrective action shall be taken until the concentration does
24 not exceed 75% of the exposure limit before the diesel equipment
25 can be returned to full operation.
26 (e) Compliance.--The mine operator shall comply with the
27 following requirements:
28 (1) Repair or adjustment of the fuel injection system
29 shall only be performed by qualified mechanics authorized by
30 the engine manufacturer.
20080S0949B1675 - 207 -
1 (2) Complete testing of the emissions system in
2 accordance with section 418 shall be conducted:
3 (i) prior to any piece of diesel-powered equipment
4 being put into service; and
5 (ii) after any repair or adjustment to the fuel
6 delivery system, engine timing or exhaust emissions
7 control and conditioning system.
8 (3) Service and maintenance of the intake air filter,
9 exhaust particulate filter and the exhaust system shall be
10 performed at specific time intervals based on the component
11 manufacturer's recommendation and compliance with the engine
12 or emissions control operation specifications and, as needed,
13 based on the on-board diagnostics or emissions test results.
14 Accurate records shall be maintained of service and
15 maintenance under this paragraph.
16 Section 420. Training and general requirements.
17 (a) Approval.--Training course instructors and training
18 plans required by this section shall be approved by the
19 secretary. Operator training and qualification shall meet the
20 requirements of this section.
21 (b) Conduct.--
22 (1) Training shall be conducted in the basics of the
23 operation of a diesel engine, Federal and State regulations
24 governing their use, company rules for safe operation,
25 specific features of each piece of equipment and the ability
26 to recognize problems.
27 (2) Training shall be provided to each equipment
28 operator and the mine health and safety committee if one
29 exists. This training shall be designed to bring every
30 operator to a level of good understanding of diesel equipment
20080S0949B1675 - 208 -
1 operation.
2 (3) Each operator shall be qualified by attending a
3 minimum eight-hour course, including classroom training on
4 diesel fundamentals and equipment-specific hands-on training
5 on the job. Training shall include instruction in the
6 following classroom subjects:
7 (i) Engine fundamentals. This subparagraph includes
8 an introduction to the function of a diesel engine and
9 recognition of major components and their functions.
10 (ii) Diesel regulations. This subparagraph includes
11 an introduction to Federal and State regulations
12 governing the use of diesel equipment.
13 (iii) Diesel emissions. This subparagraph includes
14 an introduction to diesel emissions and their adverse
15 health effects.
16 (iv) Factors which affect diesel emissions. This
17 subparagraph includes a detailed presentation of engine
18 faults and diesel fuel quality, their effect on emissions
19 and the preventive actions which can be taken to minimize
20 emissions levels.
21 (v) Emissions control devices. This subparagraph
22 includes a detailed presentation of the different
23 emissions control devices employed to reduce emissions
24 and details about actions the operator must take to keep
25 the devices in working order.
26 (vi) Diagnostic techniques. This subparagraph
27 includes a presentation of techniques which can be
28 employed by the operator to assure the equipment is in
29 safe operating condition and instruction about how to
30 recognize and diagnose certain engine faults which may
20080S0949B1675 - 209 -
1 cause increases in emissions.
2 (vii) Preoperational inspection. This subparagraph
3 includes a presentation of the purpose, benefits and
4 requirements of the preoperational inspection.
5 (viii) Ventilation. This subparagraph includes an
6 introduction to special ventilation requirements for
7 areas where diesel-powered equipment will operate.
8 (ix) Fire suppression system. This subparagraph
9 includes an introduction to the fire suppression system
10 and its function and when and how to activate the fire
11 suppression manually.
12 (x) Operating rules. This subparagraph includes a
13 detailed presentation of the driving rules, safe driving
14 speeds, traffic control devices and equipment
15 limitations.
16 (xi) Emergency procedures. This subparagraph
17 includes discussion of:
18 (A) emergencies, such as fire, diesel fuel
19 spills, component failure, loss of ventilation air
20 and emergency escape procedures; and
21 (B) potential use of the diesel-powered vehicle
22 as an emergency escape vehicle in case of a mine
23 emergency.
24 (xii) Recordkeeping and reporting procedures. This
25 subparagraph includes a presentation on required
26 recordkeeping and reporting procedures for problems or
27 unsafe conditions, high emissions levels and
28 preoperational inspections made by the equipment
29 operator.
30 (c) Certificate.--Upon successful completion of both
20080S0949B1675 - 210 -
1 training sessions, the operator shall be issued a certificate of
2 qualification which qualifies the operator to operate a specific
3 type of diesel-powered equipment. An operator may be qualified
4 to operate more than one type of equipment by completing
5 additional equipment-specific training covering differences
6 specific to each additional type of equipment.
7 (d) Refresher training.--Refresher training, separate from
8 that required by MSHA regulations at 30 CFR Pt. 48 (relating to
9 the training and retraining of miners), shall be required
10 annually.
11 (e) Annual certificate.--A new certificate of qualification
12 shall be issued annually after the equipment operator has
13 received the annual refresher training.
14 Section 421. Equipment-specific training.
15 (a) Approval.--Training course instructors and training
16 plans required by this section must be approved by the
17 secretary.
18 (b) Description.--
19 (1) Equipment-specific hands-on orientation training
20 shall be given in an area of the mine where the equipment
21 will be operated. This orientation shall be specific to the
22 type and make of the diesel machine and shall be presented in
23 small groups.
24 (2) The following subjects shall be included in the
25 training:
26 (i) Equipment layout. This subparagraph includes
27 familiarization with the layout of the equipment, the
28 operator's compartments and the controls.
29 (ii) Preoperation inspection. This subparagraph
30 includes familiarization with the preoperation inspection
20080S0949B1675 - 211 -
1 procedure and review of specific details of the
2 inspection and location of the components to be
3 inspected.
4 (iii) Equipment limitations. This subparagraph
5 includes instruction relating to equipment performance,
6 speeds, capacities and blind areas.
7 (iv) Operating areas. This subparagraph includes
8 instruction relating to areas in which the equipment may
9 be operated.
10 (v) Operation. This subparagraph includes
11 familiarization with the controls, gauges and warning
12 devices and safe operating limits of all indicating
13 gauges.
14 (vi) Refueling procedure. This subparagraph includes
15 familiarization with fuel handling, permissible refueling
16 areas, spill prevention, cleanup and potential hazards
17 from diesel fuel.
18 (vii) Emergency devices. This subparagraph includes
19 instruction relating to the location and use of the fire
20 extinguisher and fire suppression devices.
21 (viii) Driving practice. This paragraph includes
22 supervised operation of the equipment.
23 Section 422. Diesel mechanic training.
24 (a) Approval.--Training course instructors and training
25 plans required by this section must be approved by the
26 secretary.
27 (b) General rule.--Diesel mechanic training and
28 qualification shall meet the requirements of this section.
29 (c) Skills.--Diesel mechanics shall be trained and qualified
30 to perform maintenance, repairs and testing of the features of
20080S0949B1675 - 212 -
1 diesel equipment certified by MSHA and the secretary.
2 (d) Qualification.--To be qualified, a diesel mechanic shall
3 successfully complete a minimum of 16 hours of a training
4 program approved by the secretary regarding the general
5 function, operation, maintenance and testing of emissions
6 control and conditioning components. The diesel mechanic shall
7 be qualified to perform these tasks on the specific machines
8 used at the mine or mines where they are employed. Additional
9 engine-specific training shall be provided to diesel mechanics
10 in accordance with a plan approved by the secretary.
11 (e) Retraining.--Annual retraining programs for diesel
12 mechanics shall be required and shall be approved by the
13 secretary. Retraining shall include refresher training as well
14 as new procedure and new technology training as necessary.
15 Retraining shall be separate from refresher training pursuant to
16 MSHA regulations at 30 CFR Pt. 48 (relating to training and
17 retraining of miners) and electrical training required by MSHA.
18 (f) Programs.--The minimum diesel mechanic training programs
19 shall include training in the following minimum subject
20 requirements:
21 (1) Federal and State requirements regulating the use of
22 diesel equipment.
23 (2) Company policies and rules related to the use of
24 diesel equipment.
25 (3) Emissions control system design and component
26 technical training.
27 (4) Onboard engine performance and maintenance
28 diagnostics system design and component technical training.
29 (5) Service and maintenance procedures and requirements
30 for the emissions control systems.
20080S0949B1675 - 213 -
1 (6) Emissions testing procedures and evaluation and
2 interpretation of test results.
3 (7) Troubleshooting procedures for the emissions control
4 systems.
5 (8) Fire protection systems test and maintenance.
6 (9) Fire and ignition sources and their control and
7 elimination.
8 (10) Fuel system maintenance and safe fueling
9 procedures.
10 (11) Intake air system design and components technical
11 training and maintenance procedures.
12 (12) Engine shutdown device tests and maintenance.
13 (13) Special instructions regarding components, such as
14 the fuel injection system, which may only be repaired and
15 adjusted by a qualified mechanic who has received special
16 training and is authorized to make the repairs or adjustments
17 by the component manufacturer.
18 (14) Instruction on recordkeeping requirements for
19 maintenance procedures and emissions testing.
20 (15) Other subjects determined by the secretary to be
21 necessary to address specific health and safety needs.
22 Section 423. Operation of diesel-powered equipment.
23 (a) General rule.--In addition to other requirements of this
24 chapter, diesel-powered equipment shall be operated pursuant to
25 the standards set forth in this section.
26 (b) Attended equipment.--Diesel-powered equipment shall be
27 attended while in operation with the engine running in
28 underground mines.
29 (c) Idling.--Unnecessary idling of diesel-powered equipment
30 is prohibited.
20080S0949B1675 - 214 -
1 (d) Access.--Roadways where diesel-powered equipment is
2 operated shall be maintained as free as practicable from bottom
3 irregularities debris and wet or muddy conditions, which affect
4 control of the equipment.
5 (e) Speed.--Operating speeds shall be consistent with
6 conditions of roadways, grades, clearances, visibility and
7 traffic and type of equipment used.
8 (f) Control.--Equipment operators shall have full control of
9 the mobile equipment while it is in motion.
10 (g) Traffic rules.--Traffic rules, including speed, signals
11 and warning signs, shall be standardized at each mine and
12 posted.
13 (h) Maintenance.--
14 (1) Diesel-powered equipment shall be maintained in a
15 safe operating condition which does not threaten health of
16 human beings.
17 (2) Diesel-powered equipment not maintained in
18 accordance with paragraph (1) or not maintained in accordance
19 with the engine or emissions control operating specifications
20 shall be removed from service immediately and shall not be
21 returned to service until all necessary corrective actions
22 have been taken.
23 Section 424. Technical advisory committee.
24 (a) Establishment.--The Technical Advisory Committee on
25 Diesel-Powered Equipment is established.
26 (b) Membership.--The advisory committee shall consist of two
27 members, who shall be residents of this Commonwealth.
28 (1) The Governor shall appoint one member to represent
29 the viewpoint of the coal operators in this Commonwealth
30 within 30 days from receipt of a list containing one or more
20080S0949B1675 - 215 -
1 nominees submitted by the major trade association
2 representing coal operators in this Commonwealth.
3 (2) The Governor shall appoint one member to represent
4 the viewpoint of the working miners in this Commonwealth
5 within 30 days from receipt of a list containing one or more
6 nominees submitted by the highest ranking official within the
7 major employee organization representing coal miners in this
8 Commonwealth.
9 (c) Terms.--Each member of the technical advisory committee
10 shall be appointed for a term of three years. If renominated and
11 reappointed, a member may serve an unlimited number of
12 successive three-year terms.
13 (d) Functions.--The technical advisory committee has the
14 following functions:
15 (1) Advising the secretary regarding implementation of
16 this chapter.
17 (2) Evaluating alternative technology or methods for
18 meeting the requirements for diesel-powered equipment as set
19 forth in this chapter.
20 (3) Providing technical assistance to operators
21 regarding diesel equipment technologies.
22 (4) Conducting investigations relating to implementation
23 of this chapter.
24 (5) Providing training regarding diesel equipment
25 emission controls and emission testing.
26 (e) Compensation.--Members of the technical advisory
27 committee shall be compensated at the appropriate per diem rate
28 based on the prevailing formula administered by the
29 Commonwealth, but not less than $150 per day, plus all
30 reasonable expenses incurred while performing their official
20080S0949B1675 - 216 -
1 duties. Compensation shall be adjusted annually by the secretary
2 to account for inflation based on the rate of inflation
3 identified by the Consumer Price Index for All Urban Consumers,
4 Bureau of Labor Statistics. The individual member may waive his
5 right to all or part of the compensation set forth in this
6 provision.
7 (f) Meetings.--The technical advisory committee shall meet
8 at least twice during each calendar year.
9 (g) Quorum.--Actions of the technical advisory committee
10 require the participation of both members.
11 (h) Support.--
12 (1) The department shall make clerical support and
13 assistance available to enable the technical advisory
14 committee to carry out its duties. Upon the request of both
15 members of the technical advisory committee, the secretary
16 may draft proposed conditions of use and reports or perform
17 investigations.
18 (2) The department shall purchase for the technical
19 advisory committee equipment for testing diesel engine
20 exhaust emissions and measuring diesel engine surface
21 temperatures and exhaust gas temperatures. Alternative
22 technology or methods recommended by the technical advisory
23 committee or approved by the secretary shall not reduce or
24 compromise the level of health and safety protection afforded
25 by this chapter.
26 (i) Alternative technologies.--
27 (1) Upon application of a coal miner, coal mine operator
28 or diesel-related technology manufacturer, or on its own
29 motion, the technical advisory committee shall consider
30 requests for the use of alternative diesel-related health and
20080S0949B1675 - 217 -
1 safety technologies with general underground mining industry
2 application which are consistent with this chapter. The
3 following apply:
4 (i) Upon receipt of an application, the technical
5 advisory committee shall conduct an investigation, which
6 shall include consultation with a representative of the
7 major trade association representing coal operators in
8 this Commonwealth and with a representative of the major
9 employee organization representing coal miners in this
10 Commonwealth.
11 (ii) Approval of an application made under this
12 subsection shall make the alternative technology or
13 method available for use by a coal mine operator in this
14 Commonwealth but shall not be construed to require that a
15 coal mine operator use the approved alternative
16 technology or method.
17 (2) Upon application of a coal mine operator, the
18 technical advisory committee shall consider site-specific
19 requests for use of alternative diesel-related health and
20 safety technologies. The committee's recommendations on
21 applications submitted under this subsection shall be on a
22 mine-by-mine basis. Upon receipt of a site-specific
23 application, the technical advisory committee shall conduct
24 an investigation, which shall include consultation with the
25 mine operator and the authorized representatives of the
26 miners at the mine. Authorized representatives of the miners
27 shall include a mine health and safety committee elected by
28 miners at the mine and an individual employed by an employee
29 organization representing miners at the mine or an individual
30 authorized as the representative of miners of the mine in
20080S0949B1675 - 218 -
1 accordance with MSHA regulations at 30 CFR Pt. 40 (relating
2 to representative of miners). If there is no authorized
3 representative of the miners, the technical advisory
4 committee shall consult with a reasonable number of miners at
5 the mine.
6 (3) Within 180 days of receipt of an application for use
7 of alternative technologies or methods, the technical
8 advisory committee shall complete its investigation and make
9 a recommendation to the secretary. The technical advisory
10 committee members shall only recommend approval of an
11 application if, at the conclusion of the investigation, the
12 committee members have made a determination that the use of
13 the alternative technology or method will not reduce or
14 compromise the level of health and safety protection afforded
15 by this chapter. The time period under this paragraph may be
16 extended with the consent of the applicant.
17 (4) The technical advisory committee shall forward to
18 the secretary three possible recommendations:
19 (i) A unanimous recommendation to approve the
20 application for use of alternative technologies or
21 methods. A recommendation under this subparagraph must be
22 made in writing and include the results of the
23 investigation and specific conditions of use for the
24 alternative technology or method.
25 (ii) A unanimous recommendation to reject the
26 application for use of alternative technologies or
27 methods. A recommendation under this subparagraph must be
28 made in writing and outline in detail the basis for the
29 rejection.
30 (iii) A divided recommendation in which one member
20080S0949B1675 - 219 -
1 of the technical advisory committee recommends approval
2 of the application for use of alternative technologies or
3 methods and one member of the advisory committee
4 recommends rejection of the application for use of
5 alternative technologies or methods. For a recommendation
6 under this subparagraph, each member of the committee
7 must submit a detailed report to the secretary within 14
8 days of the committee's vote outlining the member's
9 position for or against the application.
10 (5) The secretary shall proceed as follows:
11 (i) Alternative technologies or methods may be
12 approved by the secretary if they do not reduce or
13 compromise the level of health and safety protection
14 afforded by this chapter.
15 (ii) If a recommendation under paragraph (2)(i) or
16 (ii) is forwarded to the secretary by the technical
17 advisory committee, the secretary shall have 30 days in
18 which to render a final decision adopting or rejecting
19 the advisory committee's recommendation and the
20 application.
21 (iii) The secretary may only approve or reject a
22 recommendation under paragraph (2) without modification
23 unless the modification is unanimously approved by the
24 technical advisory committee.
25 (iv) If a recommendation under paragraph (2) is
26 forwarded to the secretary, the secretary shall convene,
27 within 30 days, a meeting with the members of the
28 technical advisory committee to discuss the reasons for
29 the divided recommendation and to determine whether
30 additional information and further discussion might
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1 result in a unanimous recommendation by the committee.
2 (v) The following apply:
3 (A) The secretary shall render a decision on the
4 application within 30 days from the date of the
5 meeting with the technical advisory committee or, if
6 no meeting is convened, within 60 days of forwarding
7 of the recommendation.
8 (B) Upon consent of the applicant, the time
9 period under clause (A) may be extended.
10 (C) Except as set forth in clause (B), if the
11 secretary does not comply with the time requirements
12 to render a decision under this subparagraph, the
13 technical advisory committee's recommendation shall
14 be deemed rejected.
15 (6) Action taken by the secretary under this subsection
16 is subject to 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial
17 review of Commonwealth agency action).
18 (j) Shaft and slope construction.--The secretary shall
19 establish, based on recommendations made by the technical
20 advisory committee, conditions of use for the use of diesel-
21 powered equipment in shaft and slope construction operations at
22 coal mines. Conditions of use proposed by the technical advisory
23 committee shall be considered by the secretary and shall be
24 adopted or rejected by the secretary without modification,
25 except as approved by the technical advisory committee.
26 CHAPTER 5
27 ENFORCEMENT AND REMEDIES
28 Section 501. Enforcement orders and duty to comply.
29 (a) Authority.--
30 (1) The department may issue written orders to enforce
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1 this act, to effectuate the purposes of this act and to
2 protect the health and safety of miners and persons in and
3 about mines.
4 (2) An order issued under this act shall take effect
5 upon notice, unless the order specifies otherwise.
6 (3) An appeal to the Environmental Hearing Board shall
7 not act as a supersedeas.
8 (b) Compliance.--It is the duty of any person to whom an
9 order applies to comply with that order.
10 Section 502. Restraining violations.
11 (a) Department.--In addition to any other remedies provided
12 by law, the department may seek an injunction to restrain any of
13 the following:
14 (1) Violation of this act, a regulation promulgated
15 under this act or any approval, standard, order or permit
16 issued under this act.
17 (2) Creation and maintenance of a threat to the health
18 and safety of miners and persons in and about mines.
19 (b) Court.--
20 (1) In a proceeding under subsection (a), the court may
21 do any of the following:
22 (i) Issue an injunction if it finds reasonable cause
23 to believe that the respondent is engaging in conduct
24 which:
25 (A) violates this act; a regulation promulgated
26 under this act or any approval, standard or order
27 issued under this act; or
28 (B) poses a threat to the health and safety of
29 miners and persons in and about mines.
30 (ii) Levy civil penalties against the respondent.
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1 (2) The courts of common pleas and the Commonwealth
2 courts are granted jurisdiction to hear and decide
3 proceedings brought under subsection (a).
4 (c) Bond.--The department is be required to post bond in
5 connection with proceedings brought under this section.
6 Section 503. Administrative penalties.
7 (a) Declaration of threat.--The following actions by mine
8 officials are declared to pose an imminent and substantial
9 threat to the health and safety of miners:
10 (1) Assigning an employee without training or proper
11 certification.
12 (2) Requiring or condoning a violation of this act, a
13 regulation promulgated under this act or any approval,
14 standard or order issued under this act.
15 (3) Failing to perform a required examination.
16 (4) Failing to address promptly the dangers identified
17 through a mine examination or inspection by the department.
18 (5) Supplying inaccurate information to the department.
19 (6) Failing to notify the department as required by this
20 act.
21 (7) Failing to de-energize electrical power as required
22 by this act.
23 (8) Failing to evacuate the mine when required to do so
24 by a provision of this act.
25 (b) Penalty for mine officials and operator liability.--
26 (1) If the department finds that a mine official has
27 engaged in any of the actions under subsection (a), the
28 department may assess an administrative penalty of up to
29 $2,500 against the mine official. In every instance in which
30 an administrative penalty is assessed against a mine
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1 official, the department may assess the same administrative
2 penalty against the operator of the mine where the violations
3 occurred.
4 (2) If the department finds that the operator directed
5 or condoned an unsafe act or a violation of the act:
6 (i) the department may assess an administrative
7 penalty of not less than $10,000 and not more than
8 $200,000 against the operator; and
9 (ii) the person that directed or condoned the action
10 shall be removed from any position of command and
11 control.
12 (c) Nonexclusive remedy.--Assessment of a penalty under this
13 section does not preclude the department from exercising any
14 other remedy available to it.
15 (d) Factors.--In determining the amount of a penalty, the
16 department shall consider the following:
17 (1) The degree to which the conduct was reckless or
18 intentional.
19 (2) Whether an individual was fatally or seriously
20 injured.
21 (3) The potential for the violation resulting in death
22 or serious injury to an individual.
23 (4) Whether the conduct is in violation of an
24 outstanding order.
25 (5) In the case of an operator, the economic benefit to
26 the operator from not complying with the applicable
27 requirements.
28 (e) Practice and procedure.--A penalty under this section is
29 subject to:
30 (1) 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and
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1 procedure of Commonwealth agencies) and 7 Subch. A (relating
2 to judicial review of Commonwealth agency action); and
3 (2) 25 Pa. Code Ch. 1021 (relating to practice and
4 procedures).
5 Section 503.1. Process for assessing administrative penalties.
6 (a) Assessment process.--If the department assesses an
7 administrative penalty, it shall inform the operator and mine
8 official, as applicable, of the amount of the penalty. The
9 person assessed with the penalty shall then have 30 days to pay
10 the penalty in full or, if the person wishes to contest the
11 amount of the penalty, the person shall, within the 30-day
12 period, file an appeal of the department's assessment with the
13 Environmental Hearing Board. Failure to appeal within 30 days
14 shall result in a waiver of all legal rights to contest the
15 amount of the penalty.
16 (b) Prepayment of administrative penalty.--If the operator
17 or mine official wishes to contest either the amount of the
18 penalty or the violation, the operator or mine official shall
19 forward an amount not greater than $25,000 to the department for
20 placement in an escrow account with the State Treasurer or any
21 bank located in this Commonwealth, or post an appeal bond in the
22 amount of the proposed penalty provided that the bond shall be
23 executed by a surety licensed to do business in this
24 Commonwealth and is satisfactory to the department. If through
25 administrative or judicial review of the penalty, it is
26 determined that no violation occurred, or that the amount of the
27 penalty should be reduced, the department shall within 30 days
28 remit the appropriate amount to the operator or mine official,
29 with any interest accumulated by the escrow deposit. Failure to
30 forward the money or the appeal bond to the department within 30
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1 days shall result in a waiver of all legal rights to contest the
2 violation or the amount of the penalty.
3 (c) Payment of penalty.--The amount assessed after
4 administrative hearing or waiver shall be payable to the
5 Commonwealth of Pennsylvania, Mine Safety Fund and shall be
6 collectible in any manner provided under law for the collection
7 of debts. If any person liable to pay any penalty neglects or
8 refuses to pay it after demand, the amount together with
9 interest and any costs that may accrue, shall constitute a
10 judgment in favor of the Commonwealth upon the property of the
11 person from the date it has been entered and docketed or
12 recorded by the prothonotary of the county where such property
13 is situated. The department may, at any time, transmit to the
14 prothonotaries of the respective counties certified copies of
15 the judgments, and it shall be the duty of each prothonotary to
16 enter and docket the judgments in the prothonotary's office, and
17 to index it as judgments are indexed, without requiring the
18 payment of costs as a condition precedent to the entry of the
19 judgment.
20 Section 504. Unlawful conduct.
21 It is unlawful for a person to do any of the following:
22 (1) Violate this act, a regulation under this act or any
23 approval, standard or order under this act.
24 (2) Cause or assist another in a violation under
25 paragraph (1).
26 (3) Hinder or threaten an agent or employee of the
27 department in the course of performance of a duty under this
28 act, including entry and inspection.
29 (4) Do any of the following on mine property:
30 (i) Venture into areas with unsupported roof.
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1 (ii) Fail to make required gas checks.
2 (iii) Work on energized equipment without de-
3 energizing, locking out and tagging that equipment.
4 (iv) Change approved equipment without obtaining the
5 department's approval.
6 (v) Circumvent a safety device.
7 (vi) Disable an alarm.
8 (vii) Possess or use alcohol, drugs or smoking
9 materials in an unlawful manner on mine property.
10 (viii) Assign an employee without adequate training
11 to perform the assigned work.
12 (ix) Require or condone a violation of this act, a
13 regulation under this act or any approval, standard or
14 order under this act.
15 (x) Require or condone performance of an unsafe act.
16 (xi) Fail to perform a proper and required
17 examination.
18 (xii) Fail to abate promptly the dangers identified
19 through a mine examination or inspection by the
20 department.
21 (xiii) Supply inaccurate information to the
22 department.
23 (xiv) Fail to:
24 (A) notify the department as required by this
25 act;
26 (B) de-energize electrical power as required by
27 this act; or
28 (C) evacuate the mine when required.
29 Section 505. Criminal penalties.
30 (a) Prohibition.--A person commits a felony of the second
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1 degree if all of the following apply:
2 (1) The person:
3 (i) violates this act, a regulation under this act
4 or any approval, standard or order under this act;
5 (ii) submits false information to the department; or
6 (iii) fails to notify the department as required by
7 this act.
8 (2) The action or inaction under paragraph (1):
9 (i) either results in the death of or substantial
10 bodily injury to an individual; or
11 (ii) creates a condition that poses a substantial
12 likelihood of causing death or substantial bodily injury
13 to an individual.
14 Section 506. Inspections.
15 (a) Administrative.--An agent or employee of the department
16 may do any of the following:
17 (1) Inspect a mine, property, building, premises, place,
18 book or record.
19 (2) Secure physical evidence. This paragraph includes
20 photography and videography.
21 (3) Conduct tests. This paragraph includes taking
22 samples.
23 (b) Warrant.--It shall be sufficient probable cause for a
24 court of competent jurisdiction to issue a search warrant if the
25 department establishes all of the following:
26 (1) The action under subsection (a) is pursuant to the
27 department's general inspection of mines and investigations
28 at mines.
29 (2) The agent or employee:
30 (i) has reason to believe that there has been a
20080S0949B1675 - 228 -
1 violation of this act, a regulation under this act or any
2 approval, standard or order under this act of the
3 department has occurred or may occur; or
4 (ii) has been refused access or been prevented from
5 taking action under subsection (a).
6 Section 507. Intervention.
7 A person having an interest, which is or may be adversely
8 affected has the right without posting bond, to intervene in an
9 action or appeal brought by the department before the
10 Environmental Hearing Board under this act.
11 Section 508. Limitation of action.
12 (a) Civil and administrative.--Notwithstanding 42 Pa.C.S.
13 Ch. 55 Subch. B (relating to civil actions and proceedings) or
14 any other statutory provision to the contrary:
15 (1) A civil action under this act shall be commenced
16 within three years from the date the cause of action arises.
17 (2) An administrative action under this act shall be
18 commenced within three years from the date of the violation.
19 (b) Criminal.--Notwithstanding 42 Pa.C.S. Ch. 55 Subch. C
20 (relating to criminal proceedings) or any other statutory
21 provision to the contrary, a criminal action under this act
22 shall be commenced within three years from the date the offense
23 is committed.
24 Section 509. Relation to permit.
25 The following apply if the department finds that an operator
26 has demonstrated a lack of intent or ability to comply with this
27 act, a regulation under this act or any approval, standard or
28 order under this act:
29 (1) The department may take any action it deems
30 appropriate regarding the operator's permits, including
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1 denial of applications for new, renewed or amended permits
2 and suspension or revocation of existing permits.
3 (2) Before taking action under paragraph (1), the
4 department shall provide the operator with an opportunity to
5 demonstrate to the department the operator's intent and
6 ability to comply.
7 Section 510. Certification actions.
8 (a) Denial.--The department shall not issue a certification
9 if, after investigation and an opportunity for an informal
10 hearing, it finds that the applicant lacks the ability or intent
11 to comply with this act.
12 (b) Sanctions.--
13 (1) The department may modify, suspend or revoke a
14 certification under this act if it determines that the holder
15 has done any of the following:
16 (i) Failed to comply with this act; a regulation
17 under this act or any approval, standard or order under
18 this act.
19 (ii) Interfered with the safe and lawful operation
20 of any mine.
21 (iii) Engaged in unlawful conduct under this act.
22 (2) An appeal to the Environmental Hearing Board shall
23 be treated as a petition for a supersedeas.
24 (3) 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).
28 (c) Retesting.--A mine official whose certificate has been
29 revoked shall have the right after five years of work experience
30 in an underground bituminous coal mine, two years of which must
20080S0949B1675 - 230 -
1 be in a working section, to be reexamined and upon receipt of a
2 satisfactory score on the examination, the mine official shall
3 be given another certificate of qualification.
4 (d) Other remedies.--This section is in addition to any
5 other remedy afforded the department under this act or any other
6 provision of law.
7 Section 511. Withdrawal of certification.
8 If a superintendent receives information that any mine
9 foreman, assistant mine foreman, mine examiner or mine
10 electrician neglects duties or is incapacitated, the
11 superintendent shall make a thorough investigation. If the
12 superintendent finds evidence to sustain neglect or incapacity,
13 the superintendent shall suspend the individual and inform the
14 department.
15 CHAPTER 6
16 EMERGENCY MEDICAL PERSONNEL
17 Section 601. Definitions.
18 The following words and phrases when used in this chapter
19 shall have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 "Emergency medical technician." A coal mine employee who has
22 successfully completed the course on emergency first aid care
23 and transportation of the sick and injured recommended by the
24 American Academy of Orthopedic Surgeons and who has been
25 certified by the Department of Health to provide emergency care.
26 "Emergency medical technician paramedic." A person who has
27 been certified by the Department of Health to provide emergency
28 medical treatment.
29 Section 602. Emergency medical personnel.
30 (a) Requirement.--Emergency medical personnel shall be
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1 employed at every mine as follows:
2 (1) At least one emergency medical technician shall be
3 on duty at any time when miners at that mine are engaged in
4 the extraction, production or preparation of coal. Emergency
5 medical technicians shall be on duty at a mine in sufficient
6 numbers to assure that no miner shall work in a mine location
7 which cannot be reached in 30 minutes by an emergency medical
8 technician. Emergency medical technicians shall be employed
9 at their regular duties at locations convenient for quick
10 response to emergencies and shall have available to them at
11 all times necessary equipment in compliance with Federal
12 regulations.
13 (2) Telephone services or the equivalent facilities
14 shall be installed which shall provide two-way voice
15 communications between the emergency medical technician at
16 the mine and medical personnel outside or away from the mine
17 who provide emergency medical services on a regular basis.
18 (3) Operators shall make adequate provisions so that at
19 least one emergency medical technician paramedic, registered
20 nurse, physician or physician assistant is available to
21 provide care at a mine at any time that persons are engaged
22 in extraction, production or preparation of coal. Emergency
23 medical personnel under this paragraph shall be on call to
24 reach the entrance of the mine within 30 minutes.
25 Section 603. Regulations for training and certification.
26 The Department of Health shall promulgate regulations to
27 train and certify emergency medical technicians and emergency
28 medical technician paramedics.
29 Section 604. First aid training of mine employees.
30 Each operator shall provide every new employee who has not
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1 received first aid training required by the department within
2 the six months prior to the date of employment with the training
3 required by the department. The department shall consult with
4 the Department of Health, MSHA and representatives of miners and
5 representatives of operators in determining the training to be
6 required under this section. Each mine employee shall be
7 provided with five hours of refresher first aid training within
8 each 24-month period of employment. Each employee shall be paid
9 regular wages or overtime pay, if applicable, for all periods of
10 first aid training.
11 Section 605. Continuing training.
12 The department, after consultation with the Department of
13 Health regarding the content of instruction courses, shall
14 provide for necessary training on a continuing basis of
15 emergency medical technicians and emergency medical technician
16 paramedics in sufficient numbers to satisfy the requirements of
17 this chapter.
18 Section 606. Regulations.
19 The Environmental Quality Board, after consultation with the
20 Department of Health and the Board of Coal Mine Safety shall
21 promulgate regulations to implement the operational provisions
22 of this chapter.
23 Section 607. Certification.
24 The Department of Health shall promulgate regulations to
25 prescribe procedures necessary to certify emergency medical
26 technicians and emergency medical technician paramedics and
27 consult with the department as may be required under this
28 chapter.
29 Section 608. Liability.
30 (a) Physicians.--
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1 (1) Except as set forth in paragraph (2), a physician
2 who in good faith gives instructions to a certified emergency
3 medical technician or emergency medical technician paramedic,
4 a registered nurse or physician assistant shall not be liable
5 for civil damages as a result of issuing the instructions.
6 (2) Paragraph (1) does not apply to an intentional or
7 grossly negligent tort.
8 (b) Other medical personnel.--
9 (1) Except as set forth in paragraph (2), a certified
10 emergency medical technician, emergency medical technician
11 paramedic, registered nurse or physician assistant who in
12 good faith attempts to render emergency care to a sick or
13 injured individual in or about a mine shall not be liable for
14 civil damages as a result of any acts or omissions.
15 (2) Paragraph (1) does not apply to an intentional or
16 grossly negligent tort.
17 Section 609. Equivalent training.
18 If the department determines that an operator is presently
19 providing emergency medical care for its employees which is
20 equivalent to or superior to the emergency medical care provided
21 for under this chapter, the department shall make a finding that
22 the operator is in compliance with this chapter.
23 CHAPTER 7
24 SAFETY ZONES AND ENTOMBED WORKMEN
25 Section 701. Establishment.
26 A safety zone is established beneath and adjacent to every
27 stream, river and natural or artificial body of water in this
28 Commonwealth that is sufficiently large to constitute a hazard
29 to mining in the opinion and discretion of the department. In
30 the case of a stream or river, the safety zone shall extend
20080S0949B1675 - 234 -
1 horizontally 200 feet from the high-water mark of each bank. In
2 the case of any other body of water sufficiently large to, in
3 the department's discretion, constitute a hazard to mining, the
4 safety zone shall extend horizontally 200 feet from the known
5 perimeter. Each safety zone shall extend downward to the limit
6 of the workable beds.
7 Section 702. Written authorization.
8 (a) Requirement.--No mining or removal of minerals shall be
9 permitted within the safety zone unless authorization is
10 specifically granted in advance and in writing by the
11 department.
12 (b) Procedure.--Authorization shall only be granted upon
13 application of the operator. Application shall be accompanied by
14 four copies of a plan of the proposed mining operation. The plan
15 shall indicate the thickness of the unconsolidated strata, the
16 thickness of the rock strata and coal beds overlying the bed to
17 be mined, the thickness of the bed, the width of the mine
18 openings, the width of the pillars to be left and any other
19 special features that may be deemed necessary as affecting the
20 contemplated first mining.
21 (c) Examinations.--The department shall make periodic
22 examinations to determine the accuracy of plans, maps and
23 drawings submitted to it under the provisions of this section.
24 Section 703. Pillar recovery.
25 Pillar recovery may not be undertaken until the pillars are
26 approved by the department. Applications for pillar recovery
27 must be accompanied by four copies of a plan, which must include
28 such information as shall be determined by the department. The
29 approval or disapproval of the plan shall be based on the
30 factors of depth, the thickness of the bed, the percentage of
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1 pillars proposed to be extracted and to be left, the effect on
2 pillars remaining in overlying beds and any other special
3 features deemed necessary by the department.
4 Section 704. Proof of rock cover.
5 (a) Requirement.--Proof of the existence of 35 feet of rock
6 cover must accompany any plan submitted under this chapter.
7 (b) Sufficiency.--Proof of rock cover is to be ascertained
8 by testing holes drilled on:
9 (1) intersecting lines forming rectangles or squares
10 where the cover thickness is less than 50 feet; and
11 (2) on spacing of not more than 35-foot centers.
12 Section 705. Verification.
13 Plans and proof of rock cover under this chapter must be
14 signed by a registered professional mining engineer representing
15 the operator and a registered professional mining engineer
16 representing the lessor or the owner.
17 Section 706. Approval or disapproval of plans.
18 (a) Approval.--If, after review, the department approves the
19 plan, it shall send copies of the approved plan to the
20 registered professional mining engineer representing the
21 operator and to the registered professional mining engineer
22 representing the lessor or the owner.
23 (b) Disapproval.--If, after review, the department
24 disapproves the plan, it shall send copies of the disapproval,
25 identifying its reasons for that action, to the registered
26 professional mining engineer representing the operator and a
27 registered professional mining engineer representing the lessor
28 or the owner.
29 Section 707. Notice.
30 After approval of the plan by the department, mining or
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1 removal of minerals shall not begin within the safety zone until
2 the mine foreman has conspicuously posted a notice on the
3 outside of the mine and has orally notified each miner affected
4 that the miner is working within the safety zone.
5 Section 708. Entombed workmen.
6 If a workman is enclosed, entombed or buried in any coal mine
7 in this Commonwealth, the department, upon request of a
8 relative of the workman or the department, shall petition a
9 court of competent jurisdiction to order recovery of the body
10 and to make a decree that the workman is dead.
11 CHAPTER 31
12 MISCELLANEOUS PROVISIONS
13 Section 3101. Repeals.
14 (a) Absolute.--
15 (1) The General Assembly declares that the repeals under
16 paragraph (2) are necessary to effectuate this act.
17 (2) The following acts and parts of acts are repealed
18 absolutely:
19 (i) The act of June 30, 1947 (P.L.1177, No.490),
20 known as The Coal Mine Sealing Act of 1947.
21 (ii) The act of July 17, 1961 (P.L.659, No.339),
22 known as the Pennsylvania Bituminous Coal Mine Act.
23 (iii) The act of July 9, 1976 (P.L.931, No.178),
24 referred to as the Coal Mine Emergency Medical Personnel
25 Law.
26 (b) Inconsistent.--The following acts and parts of acts are
27 repealed to the extent they apply to bituminous coal mines:
28 (1) The act of May 9, 1889 (P.L.154, No.171), entitled
29 "An act to provide for the recovery of the bodies of workmen
30 enclosed, buried or entombed in coal mines."
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1 (2) The act of June 3, 1943 (P.L.848, No.357), entitled
2 "An act providing that every mine foreman, assistant mine
3 foreman and fire boss, under the Bituminous Mining Laws and
4 the Anthracite Mining Laws of the Commonwealth, represents
5 and is an officer of the Commonwealth in the mine in which
6 employed, for the suspension or cancellation of the
7 certificates of such officials as shall hold same, and for
8 the disqualification of such as are uncertificated by the
9 Secretary of Mines after or prior to hearing, for failure or
10 refusal to perform his respective duties; defining the
11 procedure in such hearing and the powers of the Secretary of
12 Mines, with respect thereto, and providing for a review of
13 his decisions by courts of common pleas and the Superior
14 Court; providing for re-examination by the examining board of
15 any person whose certificate has been cancelled, and for
16 reinstatement of such as are uncertificated; and prohibiting
17 the employment by any operator in such capacity of any mine
18 foreman, assistant mine foreman or fire boss not possessing
19 the requisite certificate or whose certificate is suspended
20 or who has been disqualified."
21 (3) The act of December 22, 1959 (P.L.1994, No.729),
22 entitled "An act prohibiting mining in certain areas without
23 prior approval by the Department of Mines and Mineral
24 Industries; establishing standards for the approval of plans
25 for mining in such areas; imposing powers and duties on the
26 mine foremen and the Department of Mines and Mineral
27 Industries; and providing penalties."
28 Section 3102. Effective date.
29 This act shall take effect in 60 days.
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