Collapse to view only § 868. Underground high-voltage distribution
- § 861. Mandatory safety standards for underground mines
- § 862. Roof support
- § 863. Ventilation
- § 864. Combustible materials and rock dusting
- § 865. Electrical equipment
- § 866. Trailing cables
- § 867. Grounding of equipment
- § 868. Underground high-voltage distribution
- § 869. Underground low- and medium-voltage alternating current circuits
- § 870. Trolley wires and trolley feeder wires
- § 871. Fire protection
- § 872. Maps
- § 873. Blasting and explosives
- § 874. Hoisting and mantrips
- § 875. Emergency shelters; construction; contents; implementation plans
- § 876. Communication facilities; locations and emergency response plans
- § 877. General safety provisions
- § 878. Definitions
§ 861. Mandatory safety standards for underground mines
(a) Coverage; enforcement; review
(b) Purpose; initiation of studies and research
(Pub. L. 91–173, title III, § 301, Dec. 30, 1969, 83 Stat. 765; Pub. L. 95–164, title II, § 203, Nov. 9, 1977, 91 Stat. 1317.)
§ 862. Roof support
(a) Roof control plan; contents; review; availability
(b) Creation of dangers by roof falls
(c) Location and supply of roof support material; safety devices for roof work
(d) Roof bolts
(e) Recovery of roof bolts
(f) Safety inspections; correction of dangerous conditions
(Pub. L. 91–173, title III, § 302, Dec. 30, 1969, 83 Stat. 766.)
§ 863. Ventilation
(a) Equipment; approval; daily examinations
(b) Standards for air in work areas
(c) Line brattice; functions; exceptions; repairs; flame resistant material
(1) Properly installed and adequately maintained line brattice or other approved devices shall be continuously used from the last open crosscut of an entry or room of each working section to provide adequate ventilation to the working faces for the miners and to remove flammable, explosive, and noxious gases, dust, and explosive fumes, unless the Secretary or his authorized representative permits an exception to this requirement, where such exception will not pose a hazard to the miners. When damaged by falls or otherwise, such line brattice or other devices shall be repaired immediately.
(2) The space between the line brattice or other approved device and the rib shall be large enough to permit the flow of a sufficient volume and velocity of air to keep the working face clear of flammable, explosive, and noxious gases, dust, and explosive fumes.
(3) Brattice cloth used underground shall be of flame-resistant material.
(d) Pre-shift examinations and tests; scope; violations of mandatory standards; notification; posting of “DANGER” signs; restriction of entry; records; re-entry
(1) Within three hours immediately preceding the beginning of any shift, and before any miner in such shift enters the active workings of a coal mine, certified persons designated by the operator of the mine shall examine such workings and any other underground area of the mine designated by the Secretary or his authorized representative. Each such examiner shall examine every working section in such workings and shall make tests in each such working section for accumulations of methane with means approved by the Secretary for detecting methane and shall make tests for oxygen deficiency with a permissible flame safety lamp or other means approved by the Secretary; examine seals and doors to determine whether they are functioning properly; examine and test the roof, face, and rib conditions in such working section; examine active roadways, travelways, and belt conveyors on which men are carried, approaches to abandoned areas, and accessible falls in such section for hazards; test by means of an anemometer or other device approved by the Secretary to determine whether the air in each split is traveling in its proper course and in normal volume and velocity; and examine for such other hazards and violations of the mandatory health or safety standards, as an authorized representative of the Secretary may from time to time require. Belt conveyors on which coal is carried shall be examined after each coal-producing shift has begun. Such mine examiner shall place his initials and the date and time at all places he examines. If such mine examiner finds a condition which constitutes a violation of a mandatory health or safety standard or any condition which is hazardous to persons who may enter or be in such area, he shall indicate such hazardous place by posting a “DANGER” sign conspiciously 1
1 So in original. Probably should be “conspicuously”.
at all points which persons entering such hazardous place would be required to pass, and shall notify the operator of the mine. No person, other than an authorized representative of the Secretary or a State mine inspector or persons authorized by the operator to enter such place for the purpose of eliminating the hazardous condition therein, shall enter such place while such sign is so posted. Upon completing his examination, such mine examiner shall report the results of his examination to a person, designated by the operator to receive such reports at a designated station on the surface of the mine, before other persons enter the underground areas of such mine to work in such shift. Each such mine examiner shall also record the results of his examination with ink or indelible pencil in a book approved by the Secretary kept for such purpose in an area on the surface of the mine chosen by the operator to minimize the danger of destruction by fire or other hazard, and the record shall be open for inspection by interested persons.(2) No person (other than certified persons designated under this subsection) shall enter any underground area, except during any shift, unless an examination of such area as prescribed in this subsection has been made within eight hours immediately preceding his entrance into such area.
(e) Daily examinations and tests; scope; imminent danger; withdrawal of persons; abatement of danger
(f) Weekly examination for hazardous conditions; scope; notification; repairs; imminent danger; withdrawal of persons; abatement; records
(g) Weekly ventilation examinations; scope; records
(h) Methane examinations at working place; periodic intervals; standards; procedures for different air contents of methane
(1) At the start of each shift, tests for methane shall be made at each working place immediately before electrically operated equipment is energized. Such tests shall be made by qualified persons. If 1.0 volume per centum or more of methane is detected, electrical equipment shall not be energized, taken into, or operated in, such working place until the air therein contains less than 1.0 volume per centum of methane. Examinations for methane shall be made during the operation of such equipment at intervals of not more than twenty minutes during each shift, unless more frequent examinations are required by an authorized representative of the Secretary. In conducting such tests, such person shall use means approved by the Secretary for detecting methane.
(2) If at any time the air at any working place, when tested at a point not less than twelve inches from the roof, face, or rib, contains 1.0 volume per centum or more of methane, changes or adjustments shall be made at once in the ventilation in such mine so that such air shall contain less than 1.0 volume per centum of methane. While such changes or adjustments are underway and until they have been achieved, power to electric face equipment located in such place shall be cut off, no other work shall be permitted in such place, and due precautions shall be carried out under the direction of the operator or his agent so as not to endanger other areas of the mine. If at any time such air contains 1.5 volume per centum or more of methane, all persons, except those referred to in section 814(d) of this title, shall be withdrawn from the area of the mine endangered thereby to a safe area, and all electric power shall be cut off from the endangered area of the mine, until the air in such working place shall contain less than 1.0 volume per centum of methane.
(i) Methane examination of air returning from working section; periodic intervals; standards; procedures for different air contents; virgin territory
(1) If, when tested, a split of air returning from any working section contains 1.0 volume per centum or more of methane, changes or adjustments shall be made at once in the ventilation in the mine so that such returning air shall contain less than 1.0 volume per centum of methane. Tests under this paragraph and paragraph (2) of this subsection shall be made at four-hour intervals during each shift by a qualified person designated by the operator of the mine. In making such tests, such person shall use means approved by the Secretary for detecting methane.
(2) If, when tested, a split of air returning from any working section contains 1.5 volume per centum or more of methane, all persons, except those persons referred to in section 814(d) of this title, shall be withdrawn from the area of the mine endangered thereby to a safe area and all electric power shall be cut off from the endangered area of the mine, until the air in such split shall contain less than 1.0 volume per centum of methane.
(3) In virgin territory, if the quantity of air in a split ventilating the active workings in such territory equals or exceeds twice the minimum volume of air prescribed in subsection (b) of this section for the last open crosscut, if the air in the split returning from such workings does not pass over trolley wires or trolley feeder wires, and if a certified person designated by the operator is continually testing the methane span of the air in such split during mining operations in such workings, it shall be necessary to withdraw all persons, except those referred to in section 814(d) of this title, from the area of the mine endangered thereby to a safe area and all electric power shall be cut off from the endangered area only when the air returning from such workings contains 2.0 volume per centum or more of methane.
(j) Abandoned area air; pre-shift examination
(k) Abandoned area air; inaccessible or unsafe for inspection; air from where pillars have been removed
(l) Methane monitors; required equipment; maintenance; warnings; deenergizing of equipment
(m) Idle area inspections; authorized inspectors
(n) Intentional roof falls; prior inspections; safeguards
(o) Methane and dust control plans; contents
(p) Devices for detection of methane and oxygen deficiency; maintenance
(q) Pillar recovery; areas without bleeder systems
(r) Overcast and undercast intake air split requirements; time extension
(s) Blasting; prior and subsequent examinations for methane
(t) Mine fan stop plans; requisites
(u) Modifications affecting main air current or any split; withdrawal of personnel; removal of power
(v) Reading and countersigning of daily and weekly reports; foreman; superintendent
(w) Daily mine condition reports; requisites; signatures
(x) Reopening of abandoned or declared inactive mine; notification; inspection
(y) Separation of intake and return aircourses from belt haulage entries; standards
(1) In any coal mine opened after the operative date of this subchapter, the entries used as intake and return aircourses shall be separated from belt haulage entries, and each operator of such mine shall limit the velocity of the air coursed through belt haulage entries to the amount necessary to provide an adequate supply of oxygen in such entries, and to insure that the air therein shall contain less than 1.0 volume per centum of methane, and such air shall not be used to ventilate active working places. Whenever an authorized representative of the Secretary finds, in the case of any coal mine opened on or prior to the operative date of this subchapter which has been developed with more than two entries, that the conditions in the entries, other than belt haulage entries, are such as to permit adequately the coursing of intake or return air through such entries, (1) the belt haulage entries shall not be used to ventilate, unless such entries are necessary to ventilate, active working places, and (2) when the belt haulage entries are not necessary to ventilate the active working places, the operator of such mine shall limit the velocity of the air coursed through the belt haulage entries to the amount necessary to provide an adequate supply of oxygen in such entries, and to insure that the air therein shall contain less than 1.0 volume per centum of methane.
(2) In any coal mine opened on or after the operative date of this subchapter, or, in the case of a coal mine opened prior to such date, in any new working section of such mine, where trolley haulage systems are maintained and where trolley wires or trolley feeder wires are installed, an authorized representative of the Secretary shall require a sufficient number of entries or rooms as intake aircourses in order to limit, as prescribed by the Secretary, the velocity of air currents on such haulageways for the purpose of minimizing the hazards associated with fires and dust explosions in such haulageways.
(z) Pillar extractions; bleeder systems and sealing requirements; standards
(1) While pillars are being extracted in any area of a coal mine, such area shall be ventilated in the manner prescribed by this section.
(2) Within nine months after the operative date of this subchapter, all areas from which pillars have been wholly or partially extracted and abandoned areas, as determined by the Secretary or his authorized representative, shall be ventilated by bleeder entries or by bleeder systems or equivalent means, or be sealed, as determined by the Secretary or his authorized representative. When ventilation of such areas is required, such ventilation shall be maintained so as continuously to dilute, render harmless, and carry away methane and other explosive gases within such areas and to protect the active workings of the mine from the hazards of such methane and other explosive gases. Air coursed through underground areas from which pillars have been wholly or partially extracted which enters another split of air shall not contain more than 2.0 volume per centum of methane, when tested at the point it enters such other split. When sealing is required, such seals shall be made in an approved manner so as to isolate with explosion-proof bulkheads such areas from the active workings of the mine.
(3) In the case of mines opened on or after the operative date of this subchapter, or in the case of working sections opened on or after such date in mines opened prior to such date, the mining system shall be designed in accordance with a plan and revisions thereof approved by the Secretary and adopted by such operator so that, as each working section of the mine is abandoned, it can be isolated from the active workings of the mine with explosion-proof seals or bulkheads.
(Pub. L. 91–173, title III, § 303, Dec. 30, 1969, 83 Stat. 767.)
§ 864. Combustible materials and rock dusting
(a) Accumulations; maintenance
(b) Abatement of hazards in active working areas
(c) Rock dusting of all areas of underground mines; exceptions
(d) Distribution of rock dust; places, quantities
(e) Limitation of applicability
(Pub. L. 91–173, title III, § 304, Dec. 30, 1969, 83 Stat. 774.)
§ 865. Electrical equipment
(a) Allowable equipment; replacements; maintenance; permits for noncompliance; renewals; limitations; list of electric face equipment; survey of new and rebuilt equipment; publication of results
(1) Effective one year after the operative date of this subchapter—
(A) all junction or distribution boxes used for making multiple power connections inby the last open crosscut shall be permissible;
(B) all handheld electric drills, blower and exhaust fans, electric pumps, and such other low horsepower electric face equipment as the Secretary may designate within two months after the operative date of this subchapter which are taken into or used inby the last open crosscut of any coal mine shall be permissible;
(C) all electric face equipment which is taken into or used inby the last open crosscut of any coal mine classified under any provision of law as gassy prior to the operative date of this subchapter shall be permissible; and
(D) all other electric face equipment which is taken into or used inby the last crosscut of any coal mine, except a coal mine referred to in paragraph (2) of this subsection, which has not been classified under any provision of law as a gassy mine prior to the operative date of this subchapter shall be permissible.
(2) Effective four years after the operative date of this subchapter, all electric face equipment, other than equipment referred to in paragraph (1)(B) of this subsection, which is taken into or used inby the last open crosscut of any coal mine which is operated entirely in coal seams located above the watertable and which has not been classified under any provision of law as a gassy mine prior to the operative date of this subchapter and in which one or more openings were made prior to December 30, 1969, shall be permissible, except that any operator of such mine who is unable to comply with the provisions of this paragraph on such effective date may file with the Panel an application for a permit for noncompliance ninety days prior to such date. If the Panel determines, after notice to all interested persons and an opportunity for a public hearing under section 804 of this title, that such application satisfies the provisions of paragraph (10) of this subsection and that such operator, despite his diligent efforts, will be unable to comply with such provisions, the Panel may issue to such operator such a permit. Such permit shall entitle the permittee to an additional extension of time to comply with the provisions of this paragraph of not to exceed twenty-four months, as determined by the Panel, from such effective date.
(3) The operator of each coal mine shall maintain in permissible condition all electric face equipment required by this subsection to be permissible which is taken into or used inby the last open crosscut of any such mine.
(4) Each operator of a coal mine shall, within two months after the operative date of this subchapter, file with the Secretary a statement listing all electric face equipment by type and manufacturer being used by such operator in connection with mining operations in such mine as of the date of such filing, and stating whether such equipment is permissible and maintained in permissible condition or is nonpermissible on such date of filing, and, if nonpermissible, whether such nonpermissible equipment has ever been rated as permissible, and such other information as the Secretary may require.
(5) The Secretary shall promptly conduct a survey as to the total availability of new or rebuilt permissible electric face equipment and replacement parts for such equipment and, within six months after the operative date of this subchapter, publish the results of such survey.
(6) Any operator of a coal mine who is unable to comply with the provisions of paragraph (1)(D) of this subsection within one year after the operative date of this subchapter may file with the Panel an application for a permit for noncompliance. If the Panel determines that such application satisfies the provisions of paragraph (10) of this subsection, the Panel shall issue to such operator a permit for noncompliance. Such permit shall entitle the permittee to an extension of time to comply with such provisions of paragraph (1)(D) of not to exceed twelve months, as determined by the Panel, from the date that compliance with the provisions of paragraph (1)(D) of this subsection is required.
(7) Any operator of a coal mine issued a permit under paragraph (6) of this subsection who, ninety days prior to the termination of such permit, or renewal thereof, determines that he will be unable to comply with the provisions of paragraph (1)(D) of this subsection upon the expiration of such permit may file with the Panel an application for renewal thereof. Upon receipt of such application, the Panel, if it determines, after notice to all interested persons and an opportunity for a public hearing under section 804 of this title, that such application satisfies the provisions of paragraph (10) of this subsection and that such operator, despite his diligent efforts, will be unable to comply with the provisions of paragraph (1)(D), may renew the permit for a period not exceeding twelve months.
(8) Any permit or renewal thereof issued pursuant to this subsection shall entitle the permittee to use such nonpermissible electric face equipment specified in the permit during the term of such permit.
(9) Permits for noncompliance issued under paragraphs (6) or (7) of this subsection shall, in the aggregate, not extend the period of noncompliance more than forty-eight months after December 30, 1969.
(10) Any application for a permit of noncompliance filed under this subsection shall contain a statement by the operator—
(A) that he is unable to comply with paragraph (1)(D) or paragraph (2) of this subsection, as appropriate, within the time prescribed;
(B) listing the nonpermissible electric face equipment being used by such operator in connection with mining operations in such mine on the operative date of this subchapter and the date of the application by type and manufacturer for which a noncompliance permit is requested and whether such equipment had ever been rated as permissible;
(C) setting forth the actions taken from and after the operative date of this subchapter to comply with paragraph (1)(D) or paragraph (2) of this subsection, as appropriate, together with a plan setting forth a schedule of compliance with said paragraphs for each such equipment referred to in such paragraphs and being used by the operator in connection with mining operations in such mine with respect to which such permit is requested and the means and measures to be employed to achieve compliance; and
(D) including such other information as the Panel may require.
(11) No permit for noncompliance shall be issued under this subsection for any nonpermissible electric face equipment, unless such equipment was being used by an operator in connection with the mining operations in a coal mine on the operative date of this subchapter.
(12) Effective one year after the operative date of this subchapter, all replacement equipment acquired for use in any mine referred to in this subsection shall be permissible and shall be maintained in a permissible condition, and in the event of any major overhaul of any item of equipment in use one year from the operative date of this subchapter such equipment shall be put in, and thereafter maintained in, a permissible condition, unless, in the opinion of the Secretary, such equipment or necessary replacement parts are not available.
(b) Notification of permits
(c) Gassy mines; maintenance of equipment
(d) Location of nonpermissible power connection units
(e) Mine map; contents; modifications
(f) Repairs; deenergizing of equipment; authorized personnel; locking out of disconnection devices
(g) Periodic examinations; maintenance; records; accessibility
(h) Electrical conductors
(i) Electrical connections
(j) Cables and wires; entry through metal frames
(k) Support of power wires
(l) Insulation of power wires; exceptions
(m) Circuit breakers; overload protection for three-phase motors
(n) Disconnecting switches for main power circuits; location and installation
(o) Switches
(p) Lightning arresters
(q) Nonapproved devices
(r) Deenergizing of electric face equipment
(Pub. L. 91–173, title III, § 305, Dec. 30, 1969, 83 Stat. 775.)
§ 866. Trailing cables
(a) Requirements established for flame resistant cables
(b) Circuit breakers; markings and visual observation of position of disconnection devices
(c) Distribution center junctions; safety connections
(d) Temporary splices; usable period; exceptions; quality
(e) Permanent splices; quality
When permanent splices in trailing cables are made, they shall be—
(1) mechanically strong with adequate electrical conductivity and flexibility;
(2) effectively insulated and sealed so as to exclude moisture; and
(3) vulcanized or otherwise treated with suitable materials to provide flame-resistant qualities and good bonding to the outer jacket.
(f) Clamping of cables
(g) Making and breaking of connections to junction boxes
(Pub. L. 91–173, title III, § 306, Dec. 30, 1969, 83 Stat. 779.)
§ 867. Grounding of equipment
(a) Metallic enclosed power conductors; metallic frames and other equipment; methods
(b) Frames of offtrack direct current machines; enclosures of related detached components
(c) Stationary high-voltage equipment powered by underground delta systems
(d) Repairs of high-voltage lines; exceptions
(e) Deenergizing of underground power circuits on idle days; exceptions
(Pub. L. 91–173, title III, § 307, Dec. 30, 1969, 83 Stat. 780.)
§ 868. Underground high-voltage distribution
(a) Circuits entering underground areas of mines; circuit breakers
(b) Circuits extending underground and supplying equipment; direct neutral grounds; ground conductors for frames, exceptions; location of disconnection devices, exceptions
(c) Grounding resistors
(d) Inclusion of fail safe ground check circuits in resistance grounded systems; operative functions; time extension
(e) Underground cables used in resistance grounded systems; metallic shields for power conductors; standards; splices
(1) Underground high-voltage cables used in resistance grounded systems shall be equipped with metallic shields around each power conductor, with one or more ground conductors having a total cross-sectional area of not less than one-half the power conductor, and with an insulated internal or external conductor not smaller than No. 8 (AWG) for the ground continuity check circuit.
(2) All such cables shall be adequate for the intended current and voltage. Splices made in such cables shall provide continuity of all components.
(f) Couplers for power circuits; guidelines for construction
(g) Connections of single-phase loads
(h) Installation of underground transmission cables
(i) Disconnection devices; location; visual observation of position of switch
(j) Circuit breakers and disconnection devices; markings
(k) Splices in cables used as trailing cables; terminations and splices in other cables
(l) Grounding of frames of underground equipment
(m) Moving of power centers, transformers, and cables; deenergizing; exceptions; safety guidelines; record of examinations
(Pub. L. 91–173, title III, § 308, Dec. 30, 1969, 83 Stat. 780.)
§ 869. Underground low- and medium-voltage alternating current circuits
(a) Circuits providing power for three-phase equipment; circuit breakers
(b) Circuits used underground; direct neutral grounds; ground conductors for frames; exceptions; grounding resistors
(c) Inclusion of fail safe ground check circuits in resistance ground systems; operative functions; time extension; couplers for power circuits; guidelines for construction
(d) Disconnecting devices installed in conjunction with circuit breakers; purpose; trailing cables for mobile equipment; guidelines for construction; time extension; splices
(e) Connections of single phase loads
(f) Circuit breakers; markings
(g) Trailing cables for medium voltage circuits; guidelines for construction
(Pub. L. 91–173, title III, § 309, Dec. 30, 1969, 83 Stat. 782.)
§ 870. Trolley wires and trolley feeder wires
(a) Intervals for cutoff switches
(b) Overcurrent protection devices
(c) Location of wires
(d) Adequate insulation and guard devices; promulgation of safety guidelines
(Pub. L. 91–173, title III, § 310, Dec. 30, 1969, 83 Stat. 783.)
§ 871. Fire protection
(a) Firefighting equipment; promulgation of minimum requirements for equipment; existing requirements; examinations after blasting
(b) Underground storage areas for lubricating oils and greases; construction; exceptions
(c) Housing of underground structures, stations, shops, and pumps; construction; ventilation
(d) Use of arc or flame in underground mines; fireproof enclosures; operations outside fireproof enclosures; procedures; standards
(e) Installation of fire suppression devices on unattended underground equipment; flame-resistant hydraulic fluids
(f) Deluge-type water sprays at main and secondary drives
(g) Installation of slippage and sequence switches on belt conveyors; fire suppression devices on belt haulageways
(h) Flame-resistant conveyor belt
(Pub. L. 91–173, title III, § 311, Dec. 30, 1969, 83 Stat. 783; Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
§ 872. Maps
(a) Fireproof repository; contents; certification
(b) Availability for inspection; confidential copies
(c) Notification of mine closures; filing of revised and supplemental map; certification
(Pub. L. 91–173, title III, § 312, Dec. 30, 1969, 83 Stat. 785.)
§ 873. Blasting and explosives
(a) Limitations on storage and use of black powder and mudcaps
(b) Storage of explosives and detonators; mudcaps in anthracite mines; restrictions; tests
(c) Permissible explosives, detonators, and devices; firing; stem boreholes; nonpermissible explosives; compressed air blasting
(d) Container construction for carrying explosives or detonators in underground mines
(e) Transportation of explosives or detonators in underground mines
(f) Storage of explosives and detonators in working sections of underground mines; containers; locations
(g) Location of explosive and detonator containers in working places of underground mines
(Pub. L. 91–173, title III, § 313, Dec. 30, 1969, 83 Stat. 785.)
§ 874. Hoisting and mantrips
(a) Transporting of persons; required equipment and capabilities; safety catches; daily examinations; operators
(b) Promulgation of other safeguards
(c) Rated capacities; indicator for position of cage
(d) Methods for signaling between shaft stations and hoist rooms
(e) Braking equipment for haulage cars used in underground mines
(f) Automatic couplers for haulage equipment
(Pub. L. 91–173, title III, § 314, Dec. 30, 1969, 83 Stat. 786.)
§ 875. Emergency shelters; construction; contents; implementation plans
The Secretary or an authorized representative of the Secretary may prescribe in any coal mine that rescue chambers, properly sealed and ventilated, be erected at suitable locations in the mine to which persons may go in case of an emergency for protection against hazards. Such chambers shall be properly equipped with first aid materials, an adequate supply of air and self-contained breathing equipment, an independent communication system to the surface, and proper accommodations for the persons while awaiting rescue, and such other equipment as the Secretary may require. A plan for the erection, maintenance, and revisions of such chambers and the training of the miners in their proper use shall be submitted by the operator to the Secretary for his approval.
(Pub. L. 91–173, title III, § 315, Dec. 30, 1969, 83 Stat. 787.)
§ 876. Communication facilities; locations and emergency response plans
(a) In general
(b) Accident preparedness and response
(1) In general
(2) Response and preparedness plan
(A) In general
(B) Plan requirements
An accident response plan under subparagraph (A) shall—
(i) provide for the evacuation of all individuals endangered by an emergency; and
(ii) provide for the maintenance of individuals trapped underground in the event that miners are not able to evacuate the mine.
(C) Plan approval
The accident response plan under subparagraph (A) shall be subject to review and approval by the Secretary. In determining whether to approve a particular plan the Secretary shall take into consideration all comments submitted by miners or their representatives. Approved plans shall—
(i) afford miners a level of safety protection at least consistent with the existing standards, including standards mandated by law and regulation;
(ii) reflect the most recent credible scientific research;
(iii) be technologically feasible, make use of current commercially available technology, and account for the specific physical characteristics of the mine; and
(iv) reflect the improvements in mine safety gained from experience under this chapter and other worker safety and health laws.
(D) Plan review
(E) Plan span-general requirements
To be approved under subparagraph (C), an accident response plan shall include the following:
(i) Post-accident communications
(ii) Post-accident tracking
(iii) Post-accident breathable air
The plan shall provide for—
(I) emergency supplies of breathable air for individuals trapped underground sufficient to maintain such individuals for a sustained period of time;(II) in addition to the 2 hours of breathable air per miner required by law under the emergency temporary standard as of the day before June 15, 2006, caches of self-rescuers providing in the aggregate not less than 2 hours per miner to be kept in escapeways from the deepest work area to the surface at a distance of no further than an average miner could walk in 30 minutes;(III) a maintenance schedule for checking the reliability of self rescuers, retiring older self-rescuers first, and introducing new self-rescuer technology, such as units with interchangeable air or oxygen cylinders not requiring doffing to replenish airflow and units with supplies of greater than 60 minutes, as they are approved by the Administration and become available on the market; and(IV) training for each miner in proper procedures for donning self-rescuers, switching from one unit to another, and ensuring a proper fit.(iv) Post-accident lifelines
(v) Training
(vi) Local coordination
(F) Plan span-specific requirements
(i) In general
(ii) Post accident communications
(G) Plan dispute resolution
(i) In general
(ii) Disputes
(iii) Further appeals
(H) Maintaining protections for miners
(Pub. L. 91–173, title III, § 316, Dec. 30, 1969, 83 Stat. 787; Pub. L. 109–236, § 2, June 15, 2006, 120 Stat. 493.)
§ 877. General safety provisions
(a) Location of oil and gas wells; establishment and maintenance of barriers; minimum requisites; exceptions
(b) Boreholes in advance of work face; distance in advance of work face; distance between boreholes
(c) Prohibition against smoking; implementation programs
(d) Portable electric lamps; exceptions
(e) Promulgation of lighting standards
(f) Escapeways; ventilation; maintenance; tests of passageways; protection of entrance; connection between mine openings
(1) Except as provided in paragraphs (2) and (3) of this subsection, at least two separate and distinct travelable passageways which are maintained to insure passage at all times of any person, including disabled persons, and which are to be designated as escapeways, at least one of which is ventilated with intake air, shall be provided from each working section continuous to the surface escape drift opening, or continuous to the escape shaft or slope facilities to the surface, as appropriate, and shall be maintained in safe condition and properly marked. Mine openings shall be adequately protected to prevent the entrance into the underground area of the mine of surface fires, fumes, smoke, and flood water. Escape facilities approved by the Secretary or his authorized representative, properly maintained and frequently tested, shall be present at or in each escape shaft or slope to allow all persons, including disabled persons, to escape quickly to the surface in the event of an emergency.
(2) When new coal mines are opened, not more than twenty miners shall be allowed at any one time in any mine until a connection has been made between the two mine openings, and such connections shall be made as soon as possible.
(3) When only one mine opening is available, owing to final mining of pillars, not more than twenty miners shall be allowed in such mine at any one time, and the distance between the mine opening and working face shall not exceed five hundred feet.
(4) In the case of all coal mines opened on or after the operative date of this subchapter, and in the case of all new working sections opened on or after such date in mines opened prior to such date, the escapeway required by this section to be ventilated with intake air shall be separated from the belt and trolley haulage entries of the mine for the entire length of such entries to the beginning of each working section, except that the Secretary or his authorized representative may permit such separation to be extended for a greater or lesser distance so long as such extension does not pose a hazard to the miners.
(g) Erection of fireproof structures; prior existing structures; fire doors; monthly tests; records; availability
(h) Prevention of accumulations of coal dust and methane gas; surface coal-handling facilities; air-intake openings
(i) Training programs
(j) Electric face equipment; installation of canopies
(k) Mine entrances; sealing; prevention of entry by unauthorized personnel
(l) Facilities for changing and storing clothes; toilet and bathing facilities
(m) Emergency medical assistance preparations; locations for medical equipment; filing of implementation plans
(n) Self-rescue device; training of personnel
(o) Methods of eliminating oxygen deficiencies
(p) Identification check system; records
(q) Installation of devices to prevent and suppress ignition on electric cutting face equipment
(r) Tunnelling under water; permits; contents; necessity; safety zones; restrictions
(s) Drinking water
(t) Standards for prevention of explosions from nonmethane gases and for testing for accumulations
(Pub. L. 91–173, title III, § 317, Dec. 30, 1969, 83 Stat. 787; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
§ 878. DefinitionsFor the purpose of this subchapter and subchapter II of this chapter, the term—
(a) “certified” or “registered” as applied to any person means a person certified or registered by the State in which the coal mine is located to perform duties prescribed by such subchapters, except that, in a State where no program of certification or registration is provided or where the program does not meet at least minimum Federal standards established by the Secretary, such certification or registration shall be by the Secretary;
(b) “qualified person” means, as the context requires,
(1) an individual deemed qualified by the Secretary and designated by the operator to make tests and examinations required by this chapter; and
(2) an individual deemed, in accordance with minimum requirements to be established by the Secretary, qualified by training, education, and experience, to perform electrical work, to maintain electrical equipment, and to conduct examinations and tests of all electrical equipment;
(c) “permissible” as applied to—
(1) equipment used in the operation of a coal mine, means equipment, other than permissible electric face equipment, to which an approval plate, label, or other device is attached as authorized by the Secretary and which meets specifications which are prescribed by the Secretary for the construction and maintenance of such equipment and are designed to assure that such equipment will not cause a mine explosion or a mine fire,
(2) explosives, shot firing units, or blasting devices used in such mine, means explosives, shot firing units, or blasting devices which meet specifications which are prescribed by the Secretary, and
(3) the manner of use of equipment or explosives, shot firing units, and blasting devices, means the manner of use prescribed by the Secretary;
(d) “rock dust” means pulverized limestone, dolomite, gypsum, anhydrite, shale, adobe, or other inert material, preferably light colored, 100 per centum of which will pass through a sieve having twenty meshes per linear inch and 70 per centum or more of which will pass through a sieve having two hundred meshes per linear inch; the particles of which when wetted and dried will not cohere to form a cake which will not be dispersed into separate particles by a light blast of air; and which does not contain more than 5 per centum of combustible matter or more than a total of 4 per centum of free and combined silica (SiO2), or, where the Secretary finds that such silica concentrations are not available, which does not contain more than 5 per centum of free and combined silica;
(e) “anthracite” means coals with a volatile ratio equal to 0.12 or less;
(f) “volatile ratio” means volatile matter span divided by the volatile matter plus the fixed carbon;
(g)
(1) “working face” means any place in a coal mine in which work of extracting coal from its natural deposit in the earth is performed during the mining cycle,
(2) “working place” means the area of a coal mine inby the last open crosscut,
(3) “working section” means all areas of the coal mine from the loading point of the section to and including the working faces,
(4) “active workings” means any place in a coal mine where miners are normally required to work or travel;
(h) “abandoned areas” means sections, panels, and other areas that are not ventilated and examined in the manner required for working places under section 863 of this title;
(i) “permissible” as applied to electric face equipment means all electrically operated equipment taken into or used inby the last open crosscut of an entry or a room of any coal mine the electrical parts of which, including, but not limited to, associated electrical equipment, components, and accessories, are designed, constructed, and installed, in accordance with the specifications of the Secretary, to assure that such equipment will not cause a mine explosion or mine fire, and the other features of which are designed and constructed, in accordance with the specifications of the Secretary, to prevent, to the greatest extent possible, other accidents in the use of such equipment; and the regulations of the Secretary or the Director of the United States Bureau of Mines in effect on the operative date of this subchapter relating to the requirements for investigation, testing, approval, certification, and acceptance of such equipment as permissible shall continue in effect until modified or superseded by the Secretary, except that the Secretary shall provide procedures, including, where feasible, testing, approval, certification, and acceptance in the field by an authorized representative of the Secretary, to facilitate compliance by an operator with the requirements of section 865(a) of this title within the periods prescribed therein;
(j) “low voltage” means up to and including 660 volts; “medium voltage” means voltages from 661 to 1,000 volts; and “high voltage” means more than 1,000 volts;
(k) Repealed. Pub. L. 95–164, title II, § 202(b), Nov. 9, 1977, 91 Stat. 1317.
(l) “coal mine” includes areas of adjoining mines connected underground.
(