PRINTER'S NO. 1251
No. 949 Session of 2005
INTRODUCED BY KASUNIC, WOZNIAK, MUSTO, ERICKSON, STOUT, FONTANA,
COSTA, ORIE, TARTAGLIONE, BOSCOLA AND RAFFERTY,
OCTOBER 24, 2005
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 24, 2005
AN ACT
1 Amending the act of July 17, 1961 (P.L.659, No.339), entitled
2 "An act relating to bituminous coal mines; amending,
3 revising, consolidating and changing the laws relating
4 thereto; providing for the health and safety of persons
5 employed in and about the bituminous coal mines of
6 Pennsylvania and for the protection and preservation of
7 property connected therewith; prescribing powers and duties
8 in connection therewith; prescribing penalties; and repealing
9 existing laws," making extensive revisions; imposing
10 penalties; making repeals; and making editorial changes.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Article I of the act of July 17, 1961 (P.L.659,
14 No.339), known as the Pennsylvania Bituminous Coal Mine Act, is
15 repealed.
16 Section 2. The act is amended by adding an article to read:
17 ARTICLE I.
18 APPLICATION AND ADMINISTRATION.
19 Section 101. Short Title.--This act shall be known and may
20 be cited as the "Pennsylvania Bituminous Coal Mine Safety Act."
21 Section 102. Application.--This act shall apply to all
1 bituminous coal mines in the Commonwealth of Pennsylvania,
2 including all of the following:
3 (1) The construction, operation, maintenance and reclamation
4 at bituminous coal mines.
5 (2) The operators of bituminous coal mines.
6 (3) All persons at bituminous coal mines.
7 Section 103. Findings and Purpose.--(a) The General
8 Assembly finds that:
9 (1) Bituminous mining is an inherently dangerous activity.
10 It is in the public interest to establish a comprehensive scheme
11 to protect the lives, health and safety of those who work at
12 mines in the Commonwealth.
13 (2) The first priority and concern of all in the bituminous
14 coal mining industry must be the health and safety of those who
15 work in and at mines.
16 (3) Deaths and injuries from unsafe and unhealthful
17 conditions and practices at bituminous coal mines cause grief
18 and suffering to miners and their families.
19 (4) There is an urgent and continuing need to provide more
20 effective means and measures for improving working conditions
21 and practices at the Commonwealth's bituminous coal mines in
22 order to prevent death and serious physical harm, and to prevent
23 occupational diseases originating at these mines.
24 (5) The existence of unsafe and unhealthful conditions and
25 practices in the Commonwealth's bituminous coal mines is a
26 serious impediment to the future growth of the bituminous coal
27 mine industry and cannot be tolerated.
28 (6) The operators at bituminous coal mines, with the
29 assistance of certified mine officials and miners, have the
30 primary responsibility to prevent the existence of unsafe and
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1 unhealthful conditions at bituminous coal mines.
2 (7) Coal mining is highly specialized, technical and
3 complex, and it requires frequent review, refinement and
4 improvement of standards to protect the health and safety of
5 miners.
6 (8) The formulation of appropriate rules and practices to
7 improve health and safety and to provide increased protection of
8 miners can be accomplished more effectively by persons who have
9 experience and expertise in bituminous coal mining and
10 bituminous coal mine health and safety.
11 (9) Mine safety is enhanced through a rigorous program for
12 training and certifying persons to work at mines in the
13 Commonwealth.
14 (10) It is imperative that the department has the capability
15 to supervise and accomplish rescue operations in response to
16 accidents at bituminous coal mines.
17 (11) It is in the public interest to encourage the
18 bituminous coal mining industry to establish, maintain and
19 support mine rescue teams and other emergency response
20 capabilities.
21 (b) 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 police
24 power to protect the lives, health and safety of those who work
25 at bituminous coal mines.
26 (2) To establish and promulgate improved mandatory health
27 and safety standards to protect the health and safety of the
28 bituminous coal miners in the Commonwealth.
29 (3) To require that bituminous coal operators at bituminous
30 coal mines and every person at every mine to comply with these
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1 standards.
2 (4) To improve and expand research, development and training
3 programs aimed at preventing bituminous coal mine accidents and
4 occupationally caused diseases in the industry.
5 (5) To enable the Commonwealth to respond as necessary and
6 appropriate to accidents and other emergencies at bituminous
7 coal mines.
8 Section 104. Definitions.--The following words and phrases,
9 when used in this act, shall have the meanings given to them in
10 this section, unless the context clearly indicates otherwise:
11 "Accident." An unanticipated event, including any of the
12 following:
13 (1) A death of an individual at a mine.
14 (2) An injury to an individual at a mine which has a
15 reasonable potential to cause death.
16 (3) An entrapment of an individual for more than five
17 minutes.
18 (4) An unplanned inundation of a mine by a liquid or gas.
19 (5) An unplanned ignition or explosion of gas or dust.
20 (6) An unplanned mine fire not extinguished within five
21 minutes of discovery.
22 (7) An unplanned ignition or explosion of a blasting agent
23 or an explosive.
24 (8) An unplanned roof fall at or above the anchorage zone in
25 active workings where roof bolts are in use.
26 (9) An unplanned roof or rib fall in active workings that
27 impairs ventilation or impedes passage.
28 (10) A coal or rock outburst that causes withdrawal of
29 miners or which disrupts regular mining activity for more than
30 one hour.
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1 (11) An unstable condition at an impoundment, refuse pile or
2 culm bank which does any of the following:
3 (i) Requires emergency action in order to prevent failure.
4 (ii) Causes individuals to evacuate an area.
5 (12) Failure of an impoundment, refuse pile or culm bank.
6 (13) Damage to hoisting equipment in a shaft or slope which
7 endangers an individual or which interferes with use of the
8 equipment for more than thirty minutes.
9 (14) An event at a mine which causes death or bodily injury
10 to an individual not at the mine at the time the event occurs.
11 "Active workings." All places in a mine that are not sealed
12 and which must be ventilated and examined pursuant to this act.
13 "Approval." A written document, issued by the department,
14 which states that a technology, material, machinery, tool,
15 process, plan, device, equipment, facility, method, supply,
16 accessory or other item, meets the requirements of this act or
17 of regulations promulgated pursuant to this act.
18 "Certified person." An individual who is qualified under the
19 provisions of this act and who holds a certificate from the
20 department to perform a particular duty in connection with the
21 operation at a mine. The term includes all of the following:
22 (1) Mine Foreman.
23 (2) Assistant Mine Foreman.
24 (3) Mine Examiner.
25 (4) Mine Electrician.
26 (5) Machine Runner.
27 (6) Shot-Firer.
28 (7) Miner.
29 "Check survey." A term used interchangeably with closed-loop
30 survey.
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1 "Closed-loop survey." The method of establishing the
2 accuracy of a mine survey by conducting a loop traverse to the
3 point of beginning or to a known point of another closed-loop
4 survey. The accuracy is measured in terms of a ratio of feet or
5 error to feet of traverse, e.g., 1:10,000 indicates an error of
6 one foot over a ten thousand-foot traverse. Double angle, double
7 distance surveys are not considered to be closed-loop surveys
8 unless this method is used to complete a closed-loop survey.
9 "Department." The Department of Environmental Protection of
10 the Commonwealth.
11 "Face." The place or places in the mine at which coal
12 extraction is to take place.
13 "Imminent danger." The existence of any condition or
14 practice in a coal mine which could reasonably be expected to
15 cause death or serious physical harm as a result of the
16 condition or practice.
17 "Lateral and face take-ups." The individual measurements
18 left and right of the entry centerline used to depict the
19 physical location of the coal ribs and pillars. The lateral
20 take-ups define the intersections, pillar corners and the
21 significant variations in all excavations. The face take-ups
22 define the limits of mining in all face areas in advance of the
23 last station spad. Face take-ups and lateral take-ups in the
24 face area are not to exceed a distance greater than three
25 hundred feet from the last survey station spad.
26 "Mine." An area of land from which coal is or is to be
27 extracted or on which coal is or is to be processed, all
28 equipment and facilities used in extraction or processing, and
29 all appurtenances and coal return disposal areas. The term also
30 includes the land, equipment, facilities and appurtenances that
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1 were used for extraction or processing or disposing of coal,
2 until reclamation is completed. When the term is used in
3 Articles II, III and IV, it shall mean "underground mine."
4 "Mine examiner." An individual designated by the mine
5 foreman or superintendent to examine a mine for gas and other
6 dangers. The term shall be synonymous with the title "Fire
7 Boss."
8 "Mine foreman." An individual appointed by an operator or
9 superintendent to be in charge of all of the following:
10 (1) The inside workings of a mine.
11 (2) An individual in the mine.
12 (3) A visitor to the inside of the mine, except for Federal
13 and State Government representatives.
14 "Mine official." Any of the following persons:
15 (1) Superintendent.
16 (2) Mine Foreman.
17 (3) Assistant Mine Foreman.
18 (4) Mine Examiner.
19 (5) Mine Electrician.
20 "Miner." An individual who is certified by the department to
21 work in an underground mine.
22 "MSHA." The Mine Safety and Health Administration within the
23 United States Department of Labor.
24 "Operator." A person who owns or operates a coal mine or
25 part of a coal mine.
26 "Permissible explosives." Explosives approved for use in
27 mines by MSHA or its predecessor agency, notwithstanding the
28 date of the approval.
29 "Permit boundary." The limits of the mine as established by
30 the Coal Mine Activity Permit issued pursuant to the act of
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1 April 27, 1966 (1st Sp. Sess., P.L.31, No.1), known as "The
2 Bituminous Mine Subsidence and Land Conservation Act."
3 "Person." An individual, partnership, association,
4 corporation, or agency, instrumentality or entity of Federal or
5 State government. The term includes the members of an
6 association, the partners in a partnership, and the directors,
7 officers and agents of a corporation.
8 "Pointer spads." An additional spad set in the roof to
9 indicate the line of direction (bearing) for future excavations.
10 Pointer spads may or may not be referenced in the field notes.
11 Pointer spads are not considered a permanent record because they
12 only indicate direction.
13 "Processing." The breaking, crushing, sizing, cleaning,
14 washing, drying, mixing, storing and loading of coal and any
15 other work of preparing coal for sale.
16 "Return air." Air that has ventilated the last working place
17 on any split of any working section or any worked-out area
18 whether pillared or nonpillared. If air mixes with air that has
19 ventilated the last working place on any split of any working
20 section or any worked-out area, whether pillared or nonpillared,
21 it is considered return air.
22 "Secretary." The Secretary of Environmental Protection of
23 the Commonwealth or the secretary's designee.
24 "Shaft." A vertical opening through the strata that is or
25 may be used for the purpose of ventilation or drainage or for
26 hoisting men or material or both in connection with the mining
27 of coal or for other purposes related to mining.
28 "Shift." An individual or a group of individuals regularly
29 scheduled to work at a distinct time.
30 "Slope and drift." An incline or opening used for the same
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1 purpose as a shaft.
2 "Spad." A flat spike, hammered into a wooden plug, anchored
3 in a hole drilled into the mine ceiling from which is threaded a
4 plumb-line. The spad is similar to the use of stakes in marking
5 survey points on the surface.
6 "Superintendent." An individual appointed by an operator to
7 manage a mine.
8 "Survey line." A representation of the line of survey from
9 survey station spad to survey station spad as shown on the
10 official mine map. The survey line should be identified on the
11 map legend.
12 "Survey station spad." A permanent station (spad) set in the
13 roof that has a unique identification number. This spad
14 represents a single point on the mine coordinate system. The
15 spad number and survey location are maintained as a permanent
16 record on the mine map and in the field books, respectively.
17 These spads reference a distance and bearing from a known
18 location on the surface.
19 "Underground mine." The shafts, slopes, drifts or incline
20 planes that are or were connected with excavations penetrating
21 coal stratum or strata, which excavations are or were ventilated
22 by air currents, and connected by a method of transportation
23 over which coal may be or was delivered to one or more points
24 outside the mine.
25 "Ventilation apparatus." All equipment, materials and
26 devices used to establish, provide or support movement of air
27 through a mine.
28 "Work area." Any place at the mine where work is being done.
29 "Working place." The area in the mine from the last open
30 crosscut to and including the face.
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1 "Working section." The area in the mine from the face
2 extending back one thousand feet.
3 Section 105. Powers and Duties of Department of
4 Environmental Protection.--The department shall have the power
5 and duty to administer a mine safety program for persons
6 employed at mines. The department's powers and duties shall
7 include the authority to do all of the following:
8 (1) Make inspections of public or private property as are
9 necessary or useful in determining compliance with the
10 provisions of this act, the rules and regulations promulgated
11 under this act and any order, approval or permit issued by the
12 department. The inspections may include examining or copying any
13 document, book, plan, map or other record.
14 (2) Conduct investigations and interviews, including private
15 interviews of persons at a mine or elsewhere.
16 (3) Issue orders as may be necessary or useful to implement
17 the provisions and to effectuate the purposes of this act.
18 (4) Institute proceedings and actions as may be necessary or
19 useful to implement the provisions and to effectuate the
20 purposes of this act, including suits seeking equitable relief
21 or declaratory judgments and suits to recover costs incurred by
22 the department.
23 (5) Institute prosecutions against any person for a
24 violation of any provision of this act.
25 (6) Determine whether a person is qualified to carry out a
26 particular function or duty at a mine and to issue appropriate
27 certification.
28 (7) Disqualify any person, in accordance with section 516,
29 whose conduct poses a threat to the health and safety of those
30 who work at mines or who interfere with the safe operation of
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1 any mine.
2 (8) Review and take appropriate action concerning public and
3 employe safety on all permit applications submitted to the
4 department for mines in Pennsylvania.
5 (9) Receive and act upon complaints.
6 (10) Conduct, review, and if funds are allocated for such
7 purpose, commission scientific and other research directed to
8 the purposes of this act.
9 (11) Approve, pursuant to this act, electrical equipment,
10 machinery, materials, methods and plans to be used at mines in
11 the Commonwealth.
12 (12) Approve, on a mine-specific basis, the use of new
13 technology, methods, materials, machinery, equipment, systems,
14 tools, devices, processes and plans different from those
15 required or authorized by the provisions of this act or the
16 regulations promulgated under this act. The department may only
17 make approvals where doing so would meet or exceed the
18 protections afforded by this act or the regulations promulgated
19 under this act. Approvals under this section shall have no
20 precedential effect. All approvals in effect as of the effective
21 date of this section shall remain in effect unless suspended,
22 modified or revoked by the department.
23 (13) Respond to and supervise responses to mine accidents
24 and other emergencies.
25 (14) Establish an abandoned mine map repository.
26 (15) Serve as the agency of the Commonwealth for the receipt
27 of moneys from the Federal Government or other public agencies
28 and expend the moneys for studies and research with respect to
29 and for the enforcement and administration of the purposes and
30 provisions of this act and the regulations promulgated under
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1 this act.
2 (16) Assess civil penalties.
3 (17) Encourage and promote industry-based mine rescue
4 capabilities.
5 (18) Provide training for department personnel and
6 individuals who work in or who wish to work in the mining
7 industry.
8 (19) Administer, deposit and expend funds from the Mine
9 Safety Fund.
10 (20) Prepare and distribute to operators a Deep Mine
11 Operator's Questionnaire form.
12 (21) Do any act not inconsistent with any provision of this
13 act, which it may deem necessary or proper for the effective
14 administration or enforcement of this act and the rules or
15 regulations promulgated under this act.
16 Section 106. Mine Safety Board.--(a) The Mine Safety Board
17 is created.
18 (b) The Mine Safety Board shall be comprised of the
19 following members:
20 (1) Two members, with expertise in mine safety, shall be
21 appointed by the Governor as follows:
22 (i) One member from a list containing one or more nominees
23 submitted by the major trade association representing bituminous
24 coal operators in the Commonwealth.
25 (ii) One member from a list containing one or more nominees
26 submitted by the highest official of the major employe
27 organization representing bituminous coal miners in the
28 Commonwealth.
29 (2) The secretary, who shall be the chairperson of the Mine
30 Safety Board.
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1 (c) Three members of the Mine Safety Board constitute a
2 quorum, which shall be required for the Mine Safety Board to
3 take official action.
4 (d) The Mine Safety Board shall meet within one hundred
5 eighty days of the effective date of this section for
6 organizational purposes. Thereafter, the board shall meet at
7 least once annually.
8 (e) The Mine Safety Board, by a majority, shall have the
9 authority to promulgate regulations as are necessary to
10 implement the requirements of the act and to protect the health,
11 safety and welfare of the public and persons working in and
12 about mines. The following shall apply:
13 (1) Upon consideration of the latest scientific data in the
14 field, the technical feasibility of standards and experience
15 gained under this and other safety statutes, the Mine Safety
16 Board may promulgate regulations revising existing standards in
17 this act and expand protections afforded by this act.
18 Regulations may deal with subject areas not covered by this act
19 for the purpose of affording additional protection to the health
20 and safety of mine workers.
21 (2) No regulations promulgated by the Mine Safety Board
22 shall reduce or compromise the level of safety or protection
23 afforded mine workers by this act.
24 (3) The authority to promulgate regulations under this
25 subsection shall not be subject to the requirements of:
26 (i) Section 1920-A (b) of the act of April 9, 1929, (P.L.
27 177, No. 175), known as "The Administrative Code of 1929."
28 (ii) The act of June 25, 1982 (P.L. 633, No. 181), known as
29 the "Regulatory Review Act."
30 (iii) 65 Pa.C.S. Ch. 7 (relating to open meetings).
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1 (f) Members of the Mine Safety Board, except employes of the
2 department, shall be compensated on a per diem basis of one
3 hundred fifty dollars ($150) plus all expenses reasonably
4 incurred while performing their official duties. The
5 compensation shall be adjusted annually by the department to
6 account for inflation since February 17, 1997, based on the rate
7 of inflation identified by the Consumer Price Index published by
8 the United States Department of Labor.
9 (g) The Mine Safety Board may, by regulation, identify
10 positions not listed in this act requiring a certificate of
11 qualification.
12 (h) The Mine Safety Board may, by regulation, establish fees
13 for services in amounts sufficient to cover the department's
14 cost of administering this act. The department may set
15 reasonable interim fees pending adoption of fee regulations. The
16 fees established by the Mine Safety Board shall be increased
17 each year after implementation, by the percentage, if any, by
18 which the Consumer Price Index for the most recent calendar year
19 exceeds the Consumer Price Index for the calendar year 1989. For
20 the purposes of this subsection, the Consumer Price Index for
21 any calendar year shall mean the average of the Consumer Price
22 Index for All Urban Consumers, published by the United States
23 Department of Labor, as of the close of the twelve-month period
24 ending on August of each calendar year.
25 Section 107. Standards.--(a) Auger mines, the surface work
26 areas of underground mines and related facilities shall meet the
27 requirements of 30 CFR Pt. 77 (relating to mandatory safety
28 standards, surface coal mines and surface work areas of
29 underground coal mines).
30 (b) Notwithstanding subsection (a), the Mine Safety Board
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1 may also promulgate additional or different regulations
2 concerning safety at auger mines, the surface areas of
3 underground mines and related facilities.
4 (c) All references to MSHA and its representatives in 30 CFR
5 Pt. 77 shall be construed as references to the department.
6 Section 108. Safety Issues in Permitting.--The department
7 shall consider the safety of miners in reviewing and acting on
8 applications for permits issued to and for mines in
9 Pennsylvania, and shall include conditions addressing safety in
10 issuing the permits. If the department determines that any
11 aspect of the contemplated activity at an existing or proposed
12 mine might constitute a threat to the health and safety of
13 workers or the public, the department shall require the
14 applicant or operator to eliminate the threat. If the applicant
15 or operator does not eliminate the threat to the department's
16 satisfaction, the department shall deny the application or
17 applications or shall unilaterally modify the terms of the
18 permit or suspend or revoke the permit.
19 Section 109. Inspections.--(a) Authorized representatives
20 of the department shall make frequent inspections of mines. Each
21 mine shall be inspected at least semiannually for electrical
22 purposes and at least quarterly for general purposes.
23 Inspections shall be conducted more frequently when the
24 department determines that more frequent inspections are
25 necessary or desirable.
26 (b) Inspections shall be conducted for the purposes of:
27 (1) Obtaining, utilizing and disseminating information
28 relating to health and safety conditions, the causes of
29 accidents and the causes of diseases and physical impairments
30 originating in mines.
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1 (2) Gathering information with respect to health or safety
2 standards established in this act or in the regulations
3 promulgated under this act.
4 (3) Determining whether a danger exists.
5 (4) Determining whether the mine is in compliance with the
6 provisions of this act, the mine safety regulations and/or with
7 any citation, order, permit or decision issued by the department
8 pursuant to this act.
9 Section 110. Accidents.--(a) In the event of an accident
10 occurring at a mine, an operator shall do all of the following:
11 (1) Notify the department no later than within one hour of
12 discovery of the accident.
13 (2) Obtain the approval of the department for any plan to
14 recover any person in the mine, to recover the coal in the mine
15 or to return the affected areas of the mine to normal
16 operations.
17 (3) Take appropriate measures to prevent the destruction of
18 evidence which would assist in investigating the cause of the
19 accident. Unless granted permission by the department, no
20 operator may alter an accident site or an accident-related area
21 until completion of all investigations pertaining to the
22 accident, except to the extent necessary to do any of the
23 following:
24 (i) Rescue or recover an individual.
25 (ii) Prevent or eliminate an imminent danger.
26 (iii) Prevent destruction of mining equipment.
27 (4) Conduct its own investigation of the accident and
28 develop a written report of the investigation. The report shall
29 include all of the following:
30 (i) The date and hour of the accident.
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1 (ii) The date that the investigation began.
2 (iii) The names of the individuals participating in the
3 investigation.
4 (iv) A description of the accident site.
5 (v) An explanation of the accident or injury, including a
6 description of any equipment involved and relevant events before
7 and after the accident.
8 (vi) An explanation of the cause of the accident.
9 (vii) An explanation of the cause of any injury sustained
10 due to the accident.
11 (viii) The name, occupation and experience of any miner
12 involved in the accident.
13 (ix) A sketch depicting the accident, including dimensions
14 where pertinent.
15 (x) A description of steps taken to prevent a similar
16 accident in the future.
17 (b) In the event of an accident occurring at a mine, the
18 department shall do all of the following:
19 (1) Take whatever action it deems appropriate, including the
20 issuance of orders, to protect the life, health or safety of any
21 person, including supervising and directing rescue and recovery
22 activities in the mine.
23 (2) Promptly decide whether to conduct an investigation of
24 the accident and inform the operator of its decision.
25 (c) (1) Each operator shall report to the department each
26 accident, occupational injury or occupational illness at the
27 mine. The operator shall report within ten working days of the
28 accident or occupational injury or within ten working days of
29 diagnosis of the occupational illness. An operator may meet the
30 requirements of this paragraph by submitting a copy of the MSHA
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1 Mine Accident, Injury and Illness Report Form 7000-1 required by
2 30 CFR § 50.20 (relating to preparation and submission of MSHA
3 Report Form 7000-1--Mine Accident, Injury, and Illness Report)
4 in use on the date of the accident.
5 (2) Each accident, occupational injury or occupational
6 illness shall be reported on one form. If more than one miner is
7 injured in the same accident or is affected simultaneously with
8 the same occupational illness, the operator shall submit a
9 separate form for each miner affected.
10 Section 111. Mine Officials Certification.--(a) The
11 department shall prepare, administer and evaluate examinations
12 for certification as mine foreman, assistant mine foreman, mine
13 examiner and mine electrician. After evaluating the
14 examinations, the department shall issue certificates to those
15 candidates who have met the established criteria for each
16 certification category.
17 (b) Records pertaining to certification examinations shall
18 not constitute a public record under the act of June 21, 1957
19 (P.L.390, No.212), referred to as the Right-to-Know Law.
20 Section 112. Classification of Mines as Gassy.--
21 Notwithstanding any other provision of law, the distinction
22 between gassy and non-gassy mines is eliminated and all
23 underground mines in Pennsylvania shall comply with the
24 requirements for gassy mines.
25 Section 113. Reports.--(a) The operator of an underground
26 mine shall submit to the department a completed or revised Deep
27 Mine Operator's Questionnaire in the following instances:
28 (1) Prior to the commencement of any work for the purpose of
29 opening of a new underground mine or reopening an underground
30 mine that has closed.
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1 (2) Immediately, upon change of the information reflected on
2 the most recently submitted Deep Mine Operator's Questionnaire.
3 (b) Upon discontinuance of the operation of an underground
4 mine, the operator shall immediately notify the department.
5 (c) (1) Each operator of an active mine in the Commonwealth
6 shall submit quarterly reports within fifteen days after the end
7 of each quarter. The report shall contain information reflecting
8 the activities of the previous month and shall include all of
9 the following:
10 (i) The name and address of the mine.
11 (ii) Identification of the mine superintendent and mine
12 foreman.
13 (iii) The employment, employe hours and coal production
14 statistics for the mine.
15 (iv) A detailed description of the reportable injuries or
16 accidents that occurred at the mine.
17 (2) An operator may meet the requirements of paragraph (1)
18 by submitting a copy of the MSHA 7000-2 required by 30 CFR §
19 50.30 (relating to preparation and submission of MSHA Form 7000-
20 2--Quarterly Employment and Coal Production Report) in use on
21 the date of the quarterly report.
22 (d) By February 15 of each year, an operator must submit any
23 corrections to the quarterly reports submitted during the prior
24 year and must certify the accuracy of the corrected quarterly
25 reports.
26 (e) In addition to any records required by this act, an
27 operator of a mine shall establish and maintain records, make
28 reports, and provide information as the department may require
29 from time to time. The department is authorized to compile,
30 analyze, and publish, either in summary or detail form, the
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1 reports or information obtained. All records, information,
2 reports, findings, notices, orders or decisions required or
3 issued pursuant to or under this act may be published from time
4 to time, may be released to any interested person and shall
5 constitute a public record under the act of June 21, 1957
6 (P.L.390, No.212), referred to as the Right-to-Know Law.
7 (f) An operator of a mine shall maintain a copy of the
8 reports required by this section at the mine office closest to
9 the mine for a period of not less than five years after
10 submission of the report.
11 Section 114. Mine Rescue Program.--(a) The department is
12 authorized to establish and administer a mine rescue program for
13 mines not able to provide a mine rescue crew for themselves. The
14 department shall establish a program to do all of the following:
15 (1) Instruct mine employes how to care for persons injured
16 in and about the mines.
17 (2) Train mine employes who may voluntarily seek training in
18 the use of self-contained breathing apparatus, gas masks, first
19 aid to the injured and other things or practices essential to
20 the safe and efficient conduct of the work of first aid and mine
21 rescue.
22 (b) The department shall purchase and maintain adequate
23 quantities of emergency response vehicles, specialized
24 equipment, supplies and services necessary to assure rapid and
25 effective response to mine emergencies, including mine fires,
26 mine explosions, mine inundations, entrapments and mine recovery
27 operations.
28 (c) In the event of an emergency response, the department
29 may use the emergency contracting provisions of 62 Pa.C.S. § 516
30 (relating to emergency procurement) to lease additional services
20050S0949B1251 - 20 -
1 or equipment as is needed to respond to a mine emergency.
2 Section 115. Direction of Mine Rescue Work.--The department
3 shall direct all mine rescue work conducted in the Commonwealth.
4 The department is authorized to assign mine rescue crews and
5 mine rescue and recovery work to mine inspectors or other
6 qualified employes of the department as is appropriate.
7 Section 116. Recovery of Moneys.--The department is
8 authorized to seek from an operator reimbursement of moneys
9 expended by the department in responding to a mine emergency.
10 Section 117. Mine Safety Fund.--There is created a special
11 fund separate and apart from all public moneys or funds of the
12 Commonwealth to be known as the Mine Safety Fund. All moneys
13 received by the department from fees, including those from fines
14 and from certificates of qualification, all civil penalties
15 collected under this act, and all moneys recovered from
16 operators for expenses incurred in responding to a mine
17 emergency, shall be deposited by the State Treasurer into the
18 Mine Safety Fund and shall be used by the department for mine
19 safety activities.
20 Section 118. Qualifications for Employment as a Bituminous
21 Mine Inspector.--Notwithstanding the act of August 5, 1941
22 (P.L.752, No.286), known as the "Civil Service Act," in order to
23 become eligible for employment as a Bituminous Mine Inspector, a
24 person must meet at least the following qualifications:
25 (1) Be a resident of the Commonwealth.
26 (2) Be a person of good moral character and known temperate
27 habits.
28 (3) Be physically capable of entering and inspecting a coal
29 mine.
30 (4) Have at least a high school diploma.
20050S0949B1251 - 21 -
1 (5) Be at least thirty years of age.
2 (6) Have had at least ten years of experience in an
3 underground bituminous coal mine.
4 (7) Hold a current, valid certificate as a bituminous mine
5 foreman, assistant mine foreman or mine examiner.
6 (8) Pass, with at least a score of ninety per cent, the Mine
7 Inspector's Examination as conducted by the State Civil Service
8 Commission in accordance with the "Civil Service Act."
9 Section 119. Qualifications for Employment as a Bituminous
10 Mine Electrical Inspector.--Notwithstanding the act of August 5,
11 1941 (P.L.752, No.286), known as the "Civil Service Act," in
12 order to become eligible for employment as a Bituminous Mine
13 Electrical Inspector, a person must meet at least the following
14 qualifications:
15 (1) Be a resident of the Commonwealth.
16 (2) Be a person of good moral character and known temperate
17 habits.
18 (3) Be physically capable of entering and inspecting a coal
19 mine.
20 (4) Have at least a high school diploma.
21 (5) Be at least thirty years of age.
22 (6) Have had at least ten years of experience in an
23 underground bituminous coal mine.
24 (7) Hold a current, valid certificate as a bituminous mine
25 electrician.
26 (8) Pass, with at least a score of ninety per cent, the Mine
27 Electrical Inspector's Examination as conducted by the State
28 Civil Service Commission in accordance with the "Civil Service
29 Act."
30 Section 120. Mine Maps to be Made Available to the
20050S0949B1251 - 22 -
1 Department.--(a) The department is authorized and directed to
2 obtain and copy all maps of mining conducted in Pennsylvania.
3 (b) Any person who has possession of a mine map shall make
4 the map available to the department for inspection and copying.
5 (c) No person shall, solely on the basis of supplying a mine
6 map to the department, be attributed or divested of liability.
7 Section 121. Mine Map Repository.--The department shall
8 develop and maintain a repository of all mine maps it has
9 obtained or that it has had an opportunity to copy. The
10 department shall organize and catalog the maps in the repository
11 to enable the department, other government agencies, mine
12 operators and the general public to review the maps and to
13 determine the location of mine workings. All mine maps and
14 copies of mine maps held by the department shall be open for
15 public inspection and made available for review upon request
16 during the department's normal business hours.
17 Section 3. The heading of Article II and sections 201, 202,
18 203, 204 and 205 of the act are amended to read:
19 ARTICLE II.
20 [BOARDS OF EXAMINERS; EXAMINATION AND
21 CERTIFICATION; DUTIES OF MINE FOREMEN,
22 ASSISTANT MINE FOREMEN, MINE EXAMINERS,
23 MINE ELECTRICIANS, MINERS, MACHINE
24 OPERATORS, AND SHOT-FIRERS;] GENERAL [MINING]
25 REQUIREMENTS FOR UNDERGROUND BITUMINOUS MINES
26 Section 201. [Boards of Examiners.--On petition of the mine
27 inspector of any mine inspection district, the court of common
28 pleas in any county in said district shall appoint an examining
29 board of three persons, consisting of a mine inspector, a miner,
30 and an operator or superintendent, all of whom shall be citizens
20050S0949B1251 - 23 -
1 of this Commonwealth. The miner shall have had at least ten
2 years practical experience in the bituminous coal mines of this
3 Commonwealth, and be in actual practice as a miner. The persons
4 so appointed, and after the board has been duly organized, shall
5 take and subscribe before an officer authorized to administer
6 the same, the following oath, namely:
7 "We, the undersigned, do solemnly swear (or affirm) that we
8 will perform the duties of examiners of applicants for
9 certificates of qualification as mine foremen, assistant mine
10 foremen, mine examiners, mine electricians and miners; that we
11 will not divulge or make known to any person any question
12 prepared for the examiners, or in any manner assist any
13 applicant to pass the examination, but will be governed by the
14 evidence of the qualifications of the applicants to fill said
15 positions, and not by any consideration of personal favor; and
16 that we will certify all whom we may find qualified in
17 accordance with this act, and none other."] General Safety
18 Requirements.--(a) All work must be done in a safe manner.
19 (b) All equipment must be maintained in a safe operating
20 condition.
21 (c) No person shall be employed as a mine foreman, assistant
22 mine foreman, mine examiner, mine electrician, mining machine
23 operator, shot-firer or miner unless that person holds a
24 current, valid certification from the department to work in that
25 capacity. No person may supervise miners unless that person
26 holds a certificate as a mine foreman, assistant mine foreman,
27 mine electrician or mine examiner. A person who holds a current,
28 valid certification to be a mine foreman may also work as an
29 assistant mine foreman or mine examiner. A person who holds a
30 current, valid certification as an assistant mine foreman may
20050S0949B1251 - 24 -
1 also work as a mine examiner.
2 (d) An uncertified individual may be underground only when
3 under the direct supervision and in the physical presence of a
4 miner. If an uncertified individual is assigned to a certified
5 miner, the certified miner must keep the uncertified individual
6 under direct supervision and in their physical presence, and
7 shall keep the uncertified individual out of harm's way. No
8 single certified miner may supervise more than two uncertified
9 individuals at one time.
10 (e) It shall be the duty of the operator and all mine
11 officials to comply with and to see that others comply with the
12 provisions of this act, the regulations promulgated pursuant
13 hereto, all orders and approvals, and the safety conditions in
14 permits issued to the mine. It shall also be the duty of the
15 operator and all mine officials to cooperate with the department
16 in implementing the provisions of this act and effectuating the
17 purposes hereof.
18 (f) It shall be the duty of all miners and other workers to
19 comply with this act, the regulations promulgated pursuant
20 hereto, all orders and approvals, and the safety conditions in
21 permits issued to the mine. It shall also be the duty of all
22 miners and other workers to cooperate with management and the
23 department in implementing the provisions of this act and
24 effectuating the purposes hereof.
25 (g) The operator, all mine officials, all miners and all
26 other workers shall comply with and follow all mining plans,
27 approvals, rules and regulations of the operator, with all
28 provisions of law that are in harmony with this act and with all
29 other applicable laws. The operator is jointly and severally
30 liable for assuring that all activities in and around the mine,
20050S0949B1251 - 25 -
1 including those conducted by contractors, are conducted in
2 compliance with this act, regulations promulgated hereunder,
3 approvals and orders issued by the department and any safety
4 conditions included in permits.
5 (h) During coal production, an assistant mine foreman shall
6 be assigned to each working section in which coal is being
7 produced and each such assistant mine foreman shall be assigned
8 to only one such working section. The assistant mine foreman
9 shall provide close and effective supervision to the miners and
10 other workers in that working section, and assure their safety
11 and compliance with this act and the regulations promulgated
12 hereunder.
13 (i) Every superintendent, mine foreman, assistant mine
14 foreman, mine electrician and mine examiner shall represent the
15 Commonwealth in the mine in which he or she is employed and
16 shall be deemed an officer of the Commonwealth in enforcing the
17 provisions of this act and performing his or her duties
18 thereunder. He shall perform said duties during such times as
19 the mine is in operation, and at such other times as the
20 department deems to be necessary or appropriate to make the mine
21 safe, and to protect the health and safety of those who work in
22 and around the mine.
23 [Section 202. Districts for Boards of Examiners.--The
24 secretary shall each year determine the districts in which the
25 boards of examiners shall meet for the purpose of holding
26 examinations, and at least two weeks' notice of the time and
27 place where the examinations are to be held shall be given.
28 Section 203. Preparation of Examinations.--(a) The secretary
29 shall select from the members of the examining boards a
30 committee of six, comprising two mine inspectors, two operators
20050S0949B1251 - 26 -
1 or superintendents, and two miners, who shall meet at such time
2 and place as the secretary may designate, to prepare the
3 questions and answers to be used by all the examining boards in
4 the bituminous region of the Commonwealth.
5 (b) The committee so selected shall distribute the questions
6 and answers in sealed packages through the office of the
7 secretary to the chairmen of the examining boards selected to
8 hold the examinations, and, at the commencement of each session,
9 the chairman of each board shall open the package containing the
10 questions for that particular session in the presence of the
11 board.
12 (c) The committee is hereby authorized to engage the
13 services of a clerk, whose compensation and mileage shall be the
14 same as that of the members of the board.
15 (d) The secretary may, at any time, convene the committee
16 for the purpose of preparing questions and answers for any
17 special examination that may be held, and for such examination
18 the questions and answers shall be distributed to the boards in
19 the usual way.
20 Section 204. Compensation of Boards of Examiners.--Each
21 board member, with the exception of the mine inspector members,
22 shall receive thirty dollars ($30) a day for each day actually
23 employed, not exceeding fifteen days in all, and traveling
24 expenses at the prevailing State rate for each mile necessarily
25 traveled in going from his home to the place of meeting and
26 return, by the shortest practicable route. The committee of six,
27 with the exception of the mine inspector members, shall receive
28 compensation at the rate of thirty dollars ($30) a day and
29 traveling expenses at the prevailing State rate, while preparing
30 the questions and answers. Each member shall also be reimbursed
20050S0949B1251 - 27 -
1 for all other necessary expenses incurred in the discharge of
2 his duties. Each board of examiners is hereby authorized to
3 employ the services of a clerk, whose compensation and rate of
4 mileage shall be the same as that of members of the board. The
5 clerk of each board shall, on final adjournment, send to the
6 secretary properly attested vouchers for compensation and
7 expenses of each member of the board, and also a voucher
8 covering his own compensation and expenses, which vouchers shall
9 be approved by the chairman and the secretary of the board. The
10 secretary shall then approve said vouchers and transmit them to
11 the Auditor General who shall issue warrants on the State
12 Treasurer for their payment.
13 Section 205. Designation of Boards for Examination.--The
14 secretary shall designate the boards of examiners before whom
15 applicants, for certification as mine foremen, assistant mine
16 foremen, mine examiners, mine electricians and miners, residing
17 in the various mine inspection districts, shall appear. All
18 persons who desire to appear for examination shall notify the
19 chairman of the board of their intention to appear, if possible,
20 not less than ten days prior to the date set for the
21 examination. The boards shall inquire into the character and
22 qualifications of the applicants who present themselves for
23 examination.]
24 Section 4. Section 206 of the act, amended December 13, 1974
25 (P.L.943, No.311), is amended to read:
26 Section 206. Qualifications for Certification.--[(a)
27 Applicants for certificates of qualification as mine foremen and
28 mine electricians, shall be citizens of the United States, of
29 good moral character and of known temperate habits, at least
30 twenty-three years of age, and shall have had at least five
20050S0949B1251 - 28 -
1 years practical experience after eighteen years of age, as
2 miners or mining engineers or men of general work with at least
3 three years' experience in working sections (a working section
4 for the purposes of this act shall be deemed to be the area from
5 the working face extending back one thousand feet) in
6 underground bituminous coal mines: Provided, That graduates with
7 a bachelors degree in civil engineering, electrical engineering
8 or mining engineering, or an associate degree in the mining
9 engineering course of a recognized institution of learning may,
10 after examination, be granted certificates of qualification by
11 an examining board as mine foremen, and mine electricians if
12 possessed of an aggregate of not less than three years practical
13 experience as miners or men of general work or mining engineers,
14 in underground bituminous coal mines in the working section.
15 (a.1) Applicants for certificates of qualification as
16 assistant mine foremen shall be citizens of the United States,
17 of good moral character and of known temperate habits, and shall
18 have had at least four years' practical experience, with at
19 least three years' experience in working sections, after
20 eighteen years of age, as miners or mining engineers or men of
21 general work, in underground bituminous coal mines: Provided,
22 That graduates with a bachelors degree in civil engineering,
23 electrical engineering or mining engineering, or an associate
24 degree in the mining engineering course of a recognized
25 institution of learning may, after examination, be granted
26 certificates of qualification by an examining board as assistant
27 mine foremen, if possessed of an aggregate of not less than
28 three years practical experience as miners or mining engineers
29 or men of general work, in underground bituminous coal mines in
30 working sections.
20050S0949B1251 - 29 -
1 (a.2) Applicants for certificates of qualification as mine
2 examiners shall be citizens of the United States, of good moral
3 character and of known temperate habits, and shall have had at
4 least three years' practical experience after eighteen years of
5 age, as miners or mining engineers or men of general work, in
6 underground bituminous coal mines in working sections.]
7 (a.1) Except as set forth in subsection (a.2), the following
8 apply:
9 (1) In order to be eligible to sit for a certification exam,
10 an applicant must demonstrate the following levels of work
11 experience in an underground bituminous coal mine:
12 (i) Mine Foreman or Mine Electrician, five years of
13 experience.
14 (ii) Assistant Mine Foreman, four years of experience.
15 (iii) Mine Examiner, three years of experience.
16 (2) For each certification category, a minimum of three
17 years of experience must have been in a working section.
18 (a.2) If an applicant holds a bachelors degree in mining
19 engineering or an associate degree in mining technology from a
20 recognized institution of higher education (for Mine Foreman,
21 Assistant Mine Foreman or Mine Examiner) or a bachelors degree
22 in electrical engineering or an associate degree in electrical
23 technology from a recognized institution of higher learning (for
24 Mine Electrician), the applicant must demonstrate the following
25 levels of experience in each to be eligible to sit for a
26 certification examination:
27 (1) Mine Foreman or Mine Electrician, four years.
28 (2) Assistant Mine Foreman, three years.
29 (3) Mine Examiner, two years.
30 For each certification category, a minimum of two years of
20050S0949B1251 - 30 -
1 experience must have been in a working section.
2 (a.3) All applicants shall be able to read and write the
3 English language intelligently, and shall furnish the department
4 with certificates as to their character and temperate habits,
5 and a notarized statement from previous employers setting forth
6 the length of service and type of work performed in the
7 different mines.
8 (b) Certificates of qualification as mine foremen shall be
9 granted to persons who have given to the [examining board]
10 department satisfactory evidence of their ability to perform the
11 duties of mine foremen and have received training by persons
12 approved by the department in determining the presence of
13 explosive and noxious gases, and in the use and mechanics of all
14 gas detection devices, and who shall have received an average of
15 at least eighty per cent in the examination.
16 (c) Certificates of qualification as assistant mine foremen
17 shall be granted to persons who have given to the [examining
18 board] department satisfactory evidence of their ability to
19 perform the duties of assistant mine foremen and have received
20 training by persons approved by the department in determining
21 the presence of explosive and noxious gases, and in the use and
22 mechanics of all gas detection devices, and who shall have
23 received an average of at least seventy per cent in the
24 examination.
25 (d) Certificates of qualification as mine examiners shall be
26 granted to persons who have given to the [examining board]
27 department satisfactory evidence of their ability to perform the
28 duties of mine examiners and have received training by persons
29 approved by the department in determining the presence of
30 explosive and noxious gases, and in the use and mechanics of all
20050S0949B1251 - 31 -
1 gas detection devices, and who shall have received an average of
2 at least seventy-five per cent in the mine examiners
3 examination.
4 (e) Certificates of qualification as mine electrician shall
5 be granted to persons who have given to the [examining board]
6 department satisfactory evidence of their ability to perform the
7 duties of mine electrician and have received training by persons
8 approved by the department in determining the presence of
9 explosive and noxious gases, and in the use and mechanics of all
10 gas detection devices, and who shall have received an average of
11 seventy-five per cent in the mine electrician's examination.
12 (f) Certificates of qualification or service heretofore
13 granted shall have equal value with certificates of
14 qualification granted under this act[; provided, however, those
15 certificates heretofore granted for second grade mine foremen or
16 second grade assistant mine foremen will not entitle the holders
17 to act in gassy mines].
18 (g) All applicants who have satisfactorily passed [a written
19 examination shall also satisfactorily pass an oral examination,
20 and] examinations, after being certified but before assuming
21 their duties as mine foremen, mine electricians, assistant mine
22 foremen or mine examiners, shall accompany a certified mine
23 foreman or a certified assistant mine foreman for not less than
24 two weeks for training purposes in accordance with a training
25 program submitted by the operator and approved by the
26 department: Provided, however, That any applicant who has been
27 granted a prior mine official's certificate need not undergo
28 this training. The record of such training shall be maintained
29 at the mine.
30 Section 5. Sections 207, 208 and 209 of the act are amended
20050S0949B1251 - 32 -
1 to read:
2 [Section 207. Fees for Examination.--Before the examination
3 for certificates of qualification for mine foremen, mine
4 examiners and mine electricians, each applicant shall pay a fee
5 of two dollars ($2), and each successful applicant shall pay an
6 additional fee of three dollars ($3) before receiving a
7 certificate. The money thus received from applicants shall be
8 transmitted to the secretary to be deposited in the State
9 Treasury. In case of the loss or destruction of a certificate,
10 the secretary shall, upon presentation of satisfactory evidence
11 of the loss or destruction, issue a copy of the certificate on
12 the payment of the sum of one dollar ($1).
13 Section 208. Issuance of Certificates.--Each examining
14 board, or at least two members thereof, shall certify to the
15 secretary, on forms furnished by him, every person whose
16 examination shall disclose his fitness for the duties of mine
17 foremen, assistant mine foremen, mine examiners, and mine
18 electricians, as above classified, and the secretary shall then
19 prepare appropriate certificates of qualification for the
20 successful applicants and send them to the chairman of the board
21 for distribution. Each certificate shall contain the full name,
22 age, and place of birth of applicant, and also the length and
23 nature of his previous service in or about the mines.
24 Section 209. Records of Examinations.--Each examining board
25 shall send to the secretary the answers and all other papers of
26 the applicants, together with the tally sheets and a list of the
27 questions and answers as prepared by the committee of six, which
28 shall be filed in the department as public documents for a
29 period of not less than eight years.]
30 Section 6. Section 210 of the act, amended December 13, 1974
20050S0949B1251 - 33 -
1 (P.L.943, No.311), is amended to read:
2 Section 210. [Unlawful to] Emergency Use [Noncertified
3 Persons] of a Mine Examiner as Assistant Mine Foreman.--(a)[It
4 shall be unlawful for any operator, manager, or superintendent,
5 to employ as mine foreman in a bituminous coal mine, or as
6 assistant mine foreman in a bituminous coal mine, any person who
7 has not obtained the proper certificate of qualification
8 required by this act: Provided, That certificates of
9 qualification heretofore granted shall have equal value with
10 certificates of qualification granted under this act except as
11 provided in section 206(f) of this act. It shall also be
12 unlawful for any operator, manager, superintendent, or mine
13 foreman, to employ as mine examiner in a bituminous coal mine
14 any person who has not obtained the proper certificate of
15 qualification under this act: Provided, That certificates of
16 qualification as mine examiner heretofore granted shall have
17 equal value with certificates of qualification granted under
18 this act: Provided, however, That in an emergency, which shall
19 be a condition which could not have been foreseen and which
20 requires immediate action, the mine foreman may appoint a
21 competent person or persons with no less than three years'
22 experience in underground bituminous coal mines to act as
23 assistant mine foremen or mine examiners, for not more than one
24 week, but this authority shall not be exercised by the mine
25 foremen so long as certified assistant mine foremen or certified
26 mine examiners are available in the mine who are willing to
27 accept the assignment. In other situations, if a certified
28 person is not available, a mine examiner may be appointed to act
29 as assistant mine foreman, but only until an assistant mine
30 foreman, who is willing to accept the assignment becomes
20050S0949B1251 - 34 -
1 available, for a period or periods not exceeding one hundred
2 twenty working production days within a twelve-month period or
3 thirty days after the next examination, whichever is longer.]
4 The mine foreman may appoint a mine examiner to act as assistant
5 mine foreman for not more than one week if all of the following
6 apply:
7 (1) There is an emergency. As used in this clause the term
8 "emergency" means a condition which could not have been foreseen
9 and which requires immediate action.
10 (2) There is no certified assistant mine foreman available
11 in the mine who is willing to act as assistant mine foreman.
12 (b) [Nothing in this article shall prevent a] A mine foreman
13 [from acting] may act as an assistant mine foreman [in any], a
14 mine examiner or [an] a miner. An assistant mine foreman [from
15 acting] may act as a mine examiner or a miner. A mine examiner
16 may act as a miner.
17 (c) Foreman trainees, where used, shall not direct the
18 working [forces] force in matters involving directly or
19 indirectly the safety of employees nor make tests or
20 examinations required to be made by certified persons.
21 Section 7. Sections 211 and 212 of the act, amended November
22 30, 1967 (P.L.661, No.307), are amended to read:
23 Section 211. Certification of Miners.--No person shall be
24 employed or engaged as a miner in any bituminous coal mine in
25 this Commonwealth, except as hereinafter provided for, without
26 first having obtained a certificate of competency and
27 qualification: Provided, however, That any miner holding such
28 certificate may have a maximum of two persons working for him
29 and under his direction as noncertified miners for the purpose
30 of learning the business of mining and such noncertified miner
20050S0949B1251 - 35 -
1 or noncertified miners shall be permitted to work under the
2 direction of such miner without a certificate. Other
3 noncertified miners may be employed or engaged as miners as
4 provided in sections 220 and 225 of this act. [For the purposes
5 of this act, in order to determine who shall be required to
6 possess certificates, the term "miner" shall mean only
7 underground workers in bituminous coal mines who cut, drill,
8 blast or load coal or rock at the face of an entry, room,
9 pillar, or other working place, or workers who do general work;
10 also timbermen and trackmen whose duties require them to set
11 timbers and lay or repair tracks at the working faces, and
12 motormen, and shuttle car operators, except as hereinafter
13 provided.]
14 Section 212. Qualifications for Certification as Miners.--
15 Miners shall be examined and granted certificates [by the
16 district board of examiners or the mine inspector in the
17 district] under [such rules and] regulations [as the secretary
18 shall prescribe] of the department.
19 (a) No person shall be qualified to take the examination
20 unless he produces evidence of having had not less than one
21 year's practical experience in [the] bituminous coal mines [of
22 this Commonwealth as a miner or who has served as a noncertified
23 miner for a period of not less than one year. A certificate
24 shall not be granted unless the applicant appears in person
25 before the board or mine inspector and answers orally,
26 intelligently and correctly, at least eight practical questions
27 propounded to him].
28 (b) All persons possessing certificates of qualification
29 issued by the Commonwealth of Pennsylvania entitling them to act
30 as mine foremen, assistant mine foremen, mine examiners or mine
20050S0949B1251 - 36 -
1 electricians, shall be eligible to engage at any time as miners
2 in bituminous coal mines of this Commonwealth.
3 [(c) Supervisory and technically trained employes of the
4 operator whose work contributes only indirectly to mine
5 operations, employes who are not performing the work of a miner
6 as that term is defined in this act, and noncertified miners,
7 shall not be required to possess a miner's certificate.]
8 Section 8. Sections 213, 214, 217, 218 and 219 of the act
9 are amended to read:
10 [Section 213. Fees for Miners' Certificates.--Each
11 successful applicant for examination shall pay to the board of
12 examiners a fee of one dollar ($1). All fees collected by a
13 miners' examining board or the mine inspector shall be promptly
14 transmitted to the department, and by it paid into the State
15 Treasury through the Department of Revenue. In case of the loss
16 or destruction of a certificate, the secretary shall, upon
17 presentation of satisfactory evidence of the loss or
18 destruction, issue a copy of the certificate to the original
19 possessor on the payment of the sum of fifty cents (50¢).]
20 Section 214. Issuance of Miners' Certificates.--The form and
21 manner of issuing such certificates shall be designated by the
22 [secretary] department. Certificates granted [by a board, or the
23 mine inspector in the district,] shall entitle the holder
24 thereof to be employed as, and do the work of, a miner in the
25 bituminous coal mines of the Commonwealth. A certificate granted
26 [by a board or the mine inspector in the district] shall not be
27 transferable and a transfer shall be deemed a violation of this
28 act.
29 Section 217. Certification of Mining Machine Operators and
30 Shot-Firers.--(a) It shall be unlawful to employ as mining
20050S0949B1251 - 37 -
1 machine operators or shot-firers in any [gassy] bituminous coal
2 mine, any person who has not given evidence to the [secretary]
3 department as to his fitness and competency to handle and use an
4 approved [safety lamp] gas detection device, and his ability to
5 determine the presence or absence of explosive gas, and other
6 dangerous conditions. The manner of determining such fitness and
7 competency shall be prescribed by the [secretary and he]
8 department. The department shall issue a certificate to those
9 found competent, [the] on a form [of which shall also be]
10 prescribed by the [secretary, and the] department. The cost of
11 [such] the examination and certification shall be borne by the
12 candidates[: Provided, That persons possessing certificates
13 entitling them to act as officials in gassy mines shall be
14 eligible to act as mining machine operators or shot-firers:
15 Provided, however, That in an emergency the mine foreman may
16 designate, temporarily, a competent person or persons, to act as
17 mining machine operators or shot-firers; but this authority
18 shall not be exercised by the mine foreman so long as certified
19 mining machine operators or certified shot-firers are available
20 in the area affected].
21 (b) An individual possessing a certificate of qualification
22 issued by the Commonwealth entitling the individual to act as a
23 mine foreman, assistant mine foreman, mine examiner or mine
24 electrician is eligible to engage as a mining machine operator
25 in a bituminous coal mine.
26 Section 218. Employment of Mine Foremen.--In order to secure
27 efficient management and proper ventilation of the mines, to
28 promote the health and safety of the persons employed therein,
29 and to protect and preserve the property connected therewith,
30 the operator or the superintendent shall employ a competent and
20050S0949B1251 - 38 -
1 practical mine foreman for every mine, who shall be under the
2 supervision and control of the operator or the superintendent[:
3 Provided, however, That in non-gassy mines employing less than
4 five persons working underground in any twenty-four hour period,
5 the operator shall designate a competent man not necessarily
6 certified as a mine foreman, who shall have the full
7 responsibilities of a certified mine foreman under this act].
8 The operator or superintendent of such mine shall be held as
9 fully responsible as the [man] individual appointed [by him] to
10 act as mine foreman. The mine foreman shall have full charge of
11 all the inside workings and the persons employed therein,
12 subject, however, to the supervision and control of the operator
13 or the superintendent, in order that all the provisions of this
14 act so far as they relate to his duties shall be complied with,
15 and the regulations prescribed for each class of workmen under
16 his charge carried out in the strictest manner possible. [In
17 gassy mines the mine foreman must possess a first grade mine
18 foreman's certificate. In non-gassy mines where five or more
19 persons work underground in any twenty-four hour period, the
20 mine foreman must possess either a first grade mine foreman's
21 certificate, a first grade assistant mine foreman's certificate
22 or a second grade mine foreman's certificate.]
23 Section 219. Employment of Mine Electricians.--[At every
24 mine where electricity is used underground there shall be
25 employed a qualified] Each mine shall employ a certified mine
26 electrician, who shall have full charge of the electrical
27 apparatus [in] at the mine, but shall be subject to the
28 authority of the mine foreman. [In a gassy mine, a certified
29 mine electrician shall be employed.] It shall be the duty of the
30 mine electrician to assist the mine foreman in carrying out all
20050S0949B1251 - 39 -
1 the provisions of the bituminous mining laws bearing on the use
2 and installation of electricity inside bituminous coal mines,
3 and the equipment powered thereby, and he shall be subject to
4 the same penalties as the mine foreman for any violation of
5 these laws.
6 Section 9. Section 220 of the act, amended November 30, 1967
7 (P.L.661, No.307), is amended to read:
8 Section 220. Employment of Assistant Mine Foremen.--When the
9 mine workings become so extensive that the mine foreman is
10 unable personally to carry out the requirements of this act
11 pertaining to [his] duties, [he] the mine foreman shall have the
12 right to employ a sufficient number of competent persons to act
13 as his assistants, who shall be under his instructions and the
14 operator's or the superintendent's instructions in carrying out
15 the provisions of this act. In [a gassy] each mine the mine
16 foreman's assistants must possess [first grade] assistant mine
17 foreman's certificates. [If the mine is non-gassy, the mine
18 foreman's assistants must possess either first grade assistant
19 mine foreman's certificates or second grade assistant mine
20 foreman's certificates.]
21 In case of the necessary temporary absence of the mine
22 foreman, he may deputize his work, for the time being, to an
23 assistant mine foreman, who shall perform all the duties of the
24 mine foreman.
25 Any mine foreman assistant, mine foreman, mine examiner or
26 mine electrician may supervise and direct the work of a maximum
27 of two noncertified miners and he shall instruct such person or
28 persons how safely and properly to perform his or their work.
29 Section 10. Section 221 of the act, amended December 15,
30 1965 (P.L.1087, No.416), is amended to read:
20050S0949B1251 - 40 -
1 Section 221. Mine Foreman; Ventilation.--(a) The mine
2 foreman shall devote the whole of his time to his duties in the
3 mine when the mine is in operation, and shall keep a careful
4 watch over the ventilating apparatus, the ventilation, airways,
5 travelingways, and shall see that all stoppings along airways
6 are properly built.
7 (b) He shall also see that proper cut-throughs are made in
8 the pillars of all rooms and of all entries, and that they are
9 closed when necessary or when required by the mine inspector, so
10 that the ventilating current can be conducted in sufficient
11 quantity through the last cut-through to the face of each room
12 and entry. He shall not permit any room or entry to be turned in
13 advance of the ventilating current or in advance of the last
14 cut-through in the entry[, excepting room necks, which may, with
15 the consent of the mine inspector, be turned by entrymen driving
16 entries].
17 (c) The mine foreman or his assistant shall measure the air
18 current at or near the main inlet and outlet airway at least
19 once each week, and also in the last cut-through in the last
20 room and in the entry beyond the last room turned in each entry.
21 [In mechanical mines, measurements shall be taken in the last
22 cut-through in the last room and in the entry beyond the last
23 room at least once each twenty-four hours.] A record shall be
24 made of daily measurements in the assistant mine foreman's daily
25 report book. Said measurements shall be taken on days when [the
26 men] individuals are at work, and for making said measurements
27 an anemometer shall be provided and kept in good condition by
28 the superintendent of the mine.
29 (d) In case of accident to a ventilating fan or its
30 machinery, or if the fan stoppage is a planned interruption
20050S0949B1251 - 41 -
1 whereby the ventilation of the mine is interrupted, the mine
2 foreman shall order the power to be disconnected from the
3 affected portions and withdraw [the men] all individuals
4 immediately from the face areas. In mines employing the use of
5 multiple fans equipped with self-closing doors which operate
6 automatically when the fan is stopped, such action need not be
7 taken [provided] if the operator has previously demonstrated to
8 the department's satisfaction that the minimum requirements are
9 met by other fans of the system. If the fan has been stopped for
10 a period of time in excess of fifteen minutes [in a gassy mine,
11 and thirty minutes in a non-gassy mine], the mine foreman shall
12 order [the men] all individuals withdrawn from the mine. If the
13 mine foreman shall deem it necessary, he may withdraw [the men
14 from a gassy mine] all individuals in less than the [said]
15 fifteen minutes [and from a non-gassy mine in less than the said
16 thirty minutes]. He shall not allow [the men] anyone to return
17 to [their] work until the ventilation has been restored, and the
18 mine has been thoroughly examined by certified personnel and
19 reported safe. A record shall be made of said examination in the
20 pre-shift examination book as required by section 228 and it
21 shall be noted as a special examination.
22 (e) The mine foreman shall notify the superintendent, in
23 writing, whenever in his opinion the mine is becoming dangerous
24 through the lack of ample ventilation at the face of entries,
25 rooms, and other portions of the mine, caused by the undue
26 length of entries and airways, or from any other cause,
27 resulting in the accumulation of gas or coal dust, or both, in
28 various portions of the mine. The superintendent shall
29 thoroughly investigate the mine foreman's report and, if
30 substantiated, order necessary work done to put the affected
20050S0949B1251 - 42 -
1 area in safe operating condition. It shall be the duty of the
2 superintendent to immediately notify the [mine inspector in the
3 district] department of such condition.
4 (f) The mine foreman shall see that every mine liberating
5 explosive gas is kept free of standing [gas] methane; however,
6 any accumulation of explosive gas or noxious gases in the
7 worked-out or abandoned portions of any mine shall be removed as
8 soon as possible after its discovery, if it is practicable to
9 remove it. No person who may be endangered by the presence of
10 said explosive gas or noxious gases shall be allowed in that
11 portion of the mine until said gases have been removed. The mine
12 foreman shall direct and see that all dangerous places and the
13 entrance or entrances to worked-out and abandoned places in all
14 mines are properly fenced off across the openings, so that no
15 person can enter, and that danger signals are posted upon said
16 fencing to warn persons of the existing danger.
17 (g) When operations are temporarily suspended in a mine, the
18 mine foreman shall see that danger signals are placed across the
19 mine entrance, which signals shall be sufficient warning for
20 unauthorized persons not to enter the mine. If the circulation
21 of air through the mine be stopped, each entrance to said mine
22 shall be fenced off in such a manner as will ordinarily prevent
23 persons from entering said mine, and a danger signal shall be
24 displayed upon said fence at each entrance and maintained in
25 good condition. The mine foreman shall see that all danger
26 signals used in the mine are in good condition and if any become
27 defective, he shall notify the superintendent.
28 Section 11. Sections 222, 223 and 224 of the act are amended
29 to read:
30 Section 222. Mine Foreman; Safety of Working Places.--(a)
20050S0949B1251 - 43 -
1 The mine foreman or his assistant shall direct and see that
2 every working place is properly secured and shall see that no
3 person is directed or permitted to work in an unsafe place,
4 unless it be for the purpose of making it safe. He shall also
5 see that workmen are provided with sufficient roof support
6 materials delivered to their working place or places. When
7 timbers are used for roof support, they shall be cut square on
8 both ends and as near as practicable to proper length.
9 (b) Every workman in need of roof support materials shall
10 notify the mine foreman or the assistant mine foreman of the
11 fact at least one day in advance, stating the roof support
12 materials required. In case of emergency roof support materials
13 may be ordered immediately upon the discovery of danger. If for
14 any reason the necessary roof support materials cannot be
15 supplied when required, the mine foreman or assistant mine
16 foreman shall instruct the workmen to vacate the place until the
17 material needed is supplied.
18 (c) The mine foreman or his assistant shall direct and see
19 that as the miners advance in their excavation, all dangerous
20 and doubtful pieces of coal, slate and rock are taken down, or
21 at once carefully secured against falling on the workmen. Any
22 workman who neglects to carry out, or disobeys, the instructions
23 of the mine foreman or his assistant, in regard to securing his
24 working place, shall be suspended or discharged by the mine
25 foreman, and if such negligence or disobedience results in
26 serious injury or loss of life to any person, the mine foreman
27 shall give the name of [said workman] that person to the [mine
28 inspector] department for prosecution in accordance with the
29 requirements of this act.
30 (d) The mine foreman shall give prompt attention to the
20050S0949B1251 - 44 -
1 removal of all dangers reported to him by his assistants, the
2 mine examiner, or by any other person working in the mine, and
3 in case it is impracticable to remove the danger at once, he
4 shall notify every person whose safety is menaced thereby to
5 remain away from the portion where the dangerous conditions
6 exist.
7 (e) The mine foreman, his assistant, or the mine examiner,
8 shall, once each week, travel and examine all the air courses
9 and roads and all the openings that give access to old workings
10 or falls, and make a record with ink in the book provided for
11 that purpose of the condition of all places.
12 (f) It shall be the duty of the mine foreman to see that
13 approved [safety lamps] gas detection devices are used, when and
14 where required by this act. No approved [safety lamp] gas
15 detection device shall be entrusted to any person, for use in a
16 mine, until said person has given satisfactory evidence to the
17 mine foreman that he understands the proper use thereof and the
18 danger of tampering with the same. The transportation of tools
19 into and out of the mine shall be under the direction of the
20 mine foreman or [his] an assistant mine foreman.
21 (g) Instructions shall be given [the men] by the mine
22 foreman, assistant mine foreman, or mine examiner, or other
23 authorized person as to when, where, and how roof supports shall
24 be placed, so as to avoid accidents from falls and also in a
25 general way how to mine coal with safety to themselves and
26 others. In addition thereto, the mine foreman or the assistant
27 mine foreman shall give special care and attention to [the men]
28 drawing pillars, particularly when falls are thereby being made.
29 [(h) The mine foreman shall see that the roof and sides of
30 all designated passageways over or through which men travel or
20050S0949B1251 - 45 -
1 are transported to the working areas shall be examined by a
2 competent person or persons within three hours immediately
3 preceding the beginning of the first coal-producing shift on
4 each day.]
5 Section 223. Mine Foreman; Shooting.--(a) The mine foreman
6 shall direct that the coal is properly mined before it is
7 blasted, shot or broken. "Properly mined" shall mean that the
8 coal shall be undercut, centercut, overcut, or sheared by pick
9 or machine, and in any case the cutting shall be as deep as the
10 holes are laid. [In gassy mines, when the coal seam is five feet
11 six inches or more in thickness, "properly mined" shall mean
12 that in all entries less than ten feet wide, wherein the coal is
13 undercut, or overcut, it shall be sheared on one side as deep as
14 the cutting before any holes are charged or fired; or in lieu of
15 shearing, the coal shall be blasted in sections by placing the
16 first hole near the center of the coal seam.]
17 (b) The mine foreman or the assistant mine foreman under
18 instructions from the mine foreman shall direct that the holes
19 for blasting shall be properly placed, and shall designate the
20 angle and depth of holes, which shall not be deeper then the
21 undercutting, centercutting, overcutting, or shearing, the
22 maximum quantity of explosives required for each hole, and the
23 method of charging and tamping.
24 (c) [In a gassy mine the] The mine foreman shall employ a
25 sufficient number of competent and legally [qualified] certified
26 persons to act as shot-firers.
27 Section 224. Mine Foreman; Drainage.--(a) The mine foreman
28 shall see that the water is drained out of the [working places]
29 work areas before [the men] individuals enter, and that the
30 [working places] work areas are kept as free from water as
20050S0949B1251 - 46 -
1 practicable during working hours.
2 (b) Whenever any working place in a mine approaches within
3 fifty feet of abandoned workings, in such mine as shown by
4 surveys certified by a registered engineer or surveyor, or
5 within [two hundred] five hundred feet of any other abandoned
6 workings of such mine, which cannot be inspected and which may
7 contain dangerous accumulations of water or gas, or within [two
8 hundred] five hundred feet of any workings of an adjacent mine,
9 [the mine foreman shall see that a borehole or boreholes shall
10 be drilled to a distance of at least twenty feet in advance of
11 the face of such working place. Such boreholes shall be drilled
12 sufficiently close to each other to insure that the advancing
13 face will not accidentally hole through into such workings.
14 Boreholes shall also be drilled not more than eight feet apart
15 in the rib of such working place to a distance of at least
16 twenty feet and at an angle of forty-five degrees. Such rib
17 holes shall be drilled in one or both ribs of such working place
18 as may be necessary for adequate protection of persons working
19 in such place.] a test drilling plan which provides for the
20 safety of all individuals must be submitted by the operator to
21 the department for approval. The department may increase the
22 setback distances under this subsection.
23 (c) No mining may occur within the setback distances under
24 subsection (b) unless the department approves the test drilling
25 plan and gives permission to proceed.
26 (d) No water or gas from any portion of an abandoned mine,
27 or from any idle portion of an active mine, and no borehole from
28 the surface shall be tapped except under the immediate
29 instruction and direction of the mine foreman with the use of
30 approved [safety lamps] gas detection equipment. It shall be
20050S0949B1251 - 47 -
1 unlawful to work or employ [men] individuals to work in any
2 portion of a bituminous coal mine in which a body of water is
3 dammed or held back at a higher elevation in the same mine by
4 natural or artificial means, unless [permission to do so]
5 approval is given [in writing] by the [secretary] department.
6 (e) The department shall not accept from an operator a six-
7 month mine subsidence map as required by the act of April 27,
8 1966 (1st Sp.Sess., P.L.31, No.1), known as "The Bituminous Mine
9 Subsidence and Land Conservation Act," unless the operator
10 demonstrates compliance with this section.
11 Section 12. Section 225 of the act, amended November 30,
12 1967 (P.L.661, No.307), is amended to read:
13 Section 225. Mine Foreman; Employment of Competent
14 Persons.--[The mine foreman under rules and regulations approved
15 by the secretary covering a training period for each occupation,
16 shall see that no person is employed to work in any mine until
17 he has given satisfactory proof that he can do the work allotted
18 to him without endangering the lives of his co-employes, unless
19 said person is put to work with a certified miner.] An
20 individual may not be employed to operate equipment in a mine
21 until the individual has completed a training program approved
22 by the department and has given the mine foreman satisfactory
23 proof that the individual can do the assigned work without
24 endangering anyone.
25 Section 13. Sections 226, 227, 228, 229, 230, 231, 232, 233,
26 234, 235, 236, 239, 240 and 241 of the act are amended to read:
27 Section 226. Mine Foreman; Inspections and Reports.--(a) In
28 all mines the mine foreman shall employ a sufficient number of
29 assistants to insure [a visit to each working place] two visits
30 to each work area during each shift either by himself or by his
20050S0949B1251 - 48 -
1 assistants, while the employes are at work[, and in all mines or
2 portions of mines in which mine examiners are not regularly
3 employed, the mine foreman shall, if in the judgment of the mine
4 inspector the roof conditions require extraordinary supervision,
5 employ a sufficient number of assistants to insure two visits to
6 each working place during each shift either by himself or his
7 assistants while the employes are at work in such mines or
8 portions of mines, and in all mines, the]. The interval of time
9 between visits shall be arranged so as to secure the most
10 efficient and effective supervision.
11 (b) The mine foreman shall each day enter plainly and sign
12 with ink in a book provided for that purpose a report of the
13 condition of the mine, which report shall clearly state any
14 danger that may have come under his observation during the day,
15 or any danger reported [to him by his assistants or the mine
16 examiners]. The report shall also state whether or not there is
17 a proper supply of material on hand for the safe working of the
18 mine, and whether or not the requirements of the law are
19 complied with. [He] The mine foreman shall also, once each week,
20 enter plainly with ink, in said book, a true report of all
21 weekly air measurements required by this act, designating the
22 place, the area of each cut-through and entry separately, the
23 velocity of the air in each cut-through and entry, the quantity
24 of the air in each cut-through and entry, and the number [of
25 men] employed in each separate split of air, with the date when
26 measurements were taken. Said book shall at all times be kept in
27 the mine office at the mine, for examination by the [mine
28 inspector] department, any person working in the mine, or by
29 authorized representatives of the employes of the mine, in the
30 presence of the superintendent or the mine foreman.
20050S0949B1251 - 49 -
1 The mine foreman shall also, each day, read carefully, and
2 countersign with ink, all reports entered in the record book of
3 the mine examiners. [Assistant mine foremen may be designated to
4 countersign with ink, all reports entered in the record book of
5 the mine examiners where there are two or more portals.]
6 (c) When assistant mine foremen are employed, their duty
7 shall be to assist the mine foreman in complying with the
8 provisions of this act, and they shall be liable to the same
9 penalties as the mine foreman for any violation of this act in
10 parts or portions of the mine under their jurisdiction. At the
11 end of each shift each assistant mine foreman shall make a
12 report in a book provided for that purpose, giving the general
13 condition as to safety of the working places visited [by him],
14 and shall make a note of any unusual occurrence observed [by
15 him] during the day. The mine foreman shall read carefully the
16 daily report of each assistant mine foreman and shall sign the
17 report with ink daily. [Where more than one portal is being used
18 for the entrance of workmen into a mine, the mine foreman may
19 designate an assistant, who holds a certificate of first grade
20 mine foreman in a gassy mine or a first grade assistant or a
21 second grade mine foreman in a non-gassy mine, to sign the
22 assistant mine foreman's daily report book at each portal other
23 than the main portal.]
24 (d) It shall be the duty of the mine foreman or assistant
25 mine foreman, or an authorized person designated by the mine
26 foreman, to examine daily in a general way all electrical
27 equipment and other machinery under his jurisdiction to see that
28 it is in a safe operating condition, and make a report in the
29 assistant mine foreman's daily report book. It shall be the duty
30 of the mine electrician to make and sign a written report, once
20050S0949B1251 - 50 -
1 each week, in a record book provided for that purpose, stating
2 the condition of electrical equipment and other machinery in the
3 mine. This report shall be counter-signed by the mine foreman.
4 [(e) The mine foreman shall report daily to the
5 superintendent all injuries that have occurred in or about the
6 mines, giving the age and occupation of the injured persons,
7 together with facts as to the families or dependents affected.
8 (f) It shall be the duty of the mine foreman to report
9 immediately all violations of this act to the mine inspector.]
10 Section 227. Employment of Mine Examiners.--[Nothing in this
11 article shall prevent a first grade mine foreman or a first
12 grade assistant mine foreman from acting as mine examiners, or a
13 regularly employed mine examiner from acting in an emergency as
14 a first grade assistant mine foreman.]
15 The mine foreman shall employ a sufficient number of mine
16 examiners in order that each mine can be examined in accordance
17 with the provisions of this act. The mine foreman or the
18 assistant mine foreman shall see that the mine examiner has left
19 his [mark] initials and date and time in places examined or
20 reported as examined.
21 Section 228. Duties of Mine Examiners.--(a) In a [gassy]
22 mine, within three hours immediately preceding the beginning of
23 a coal-producing shift, and before any workmen in such shift,
24 other than those who may be designated to make the examinations
25 prescribed in this section, enter the underground areas of such
26 mine, certified persons designated by the mine foreman of such
27 mine to do so shall make an examination, as prescribed in this
28 section, of such areas. Each person designated to act as [such]
29 a mine examiner shall be directed to examine a definite
30 underground area of such mine, and in making his examination,
20050S0949B1251 - 51 -
1 such mine examiner shall inspect every active working place and
2 places immediately adjacent thereto in such area and make tests
3 therein with an approved [safety lamp] gas detection device for
4 accumulations of methane and oxygen-deficiency in the air
5 therein. [While performing the duties of a mine examiner, the
6 mine examiner may use an approved electric cap lamp or
7 flashlight provided it is turned out while making an examination
8 for gas.] The mine examiner shall examine seals and doors to
9 determine whether they are functioning properly; inspect and
10 test the roof, face, and rib conditions in the working [places]
11 areas; 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. Such mine
16 examiner shall place his initials and the date at or near the
17 face of each place he examines. If such 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 his assistant to
25 enter such place for the purpose of eliminating the dangerous
26 condition therein, shall enter such place while such sign is
27 posted.
28 A suitable record book shall be kept at the mine office, on
29 the surface, of every mine wherein mine examiners are employed,
30 and immediately after the examination of such mine or any
20050S0949B1251 - 52 -
1 portion thereof by a mine examiner, whose duty it is to make
2 such examination, he shall enter in said book, with ink, a
3 record of such examination, and sign same. This record shall
4 show the time taken in making the examination, and also clearly
5 state the nature and location of any danger that may have been
6 discovered in any room or entry or other place in the mine, and
7 if any danger or dangers have been discovered, the mine
8 examiners shall immediately report the location thereof to the
9 mine foreman. No person shall enter the mine until the mine
10 examiners return to the mine office on the surface, or to a
11 station located in the intake entry of the mine (where a record
12 book as provided for in this section shall be kept in a fire-
13 proof vault and signed by the person making the examination),
14 and report to the mine foreman or the assistant mine foreman, by
15 telephone or otherwise, and a written report made thereof by the
16 person receiving the report, that the mine is in safe condition
17 for [the men] individuals to enter. When a station is located in
18 any mine, it shall be the duty of the mine examiners to sign
19 also the report entered in the record book in the mine office on
20 the surface. The record books of the mine examiners shall at all
21 times during working hours be accessible to the mine inspector,
22 any person working in said mine and authorized representatives
23 of the employes of the mine.
24 A second examination by the same or other mine examiner shall
25 be made during working hours of every [working place where men]
26 work area where individuals are employed, and a report of said
27 examination shall be made in the mine examiner report book in
28 the same manner as the first examination. No person on a non-
29 coal producing shift (other than a certified person designated
30 under this paragraph) shall enter any underground area [in a
20050S0949B1251 - 53 -
1 gassy mine,] unless such area, which shall include all places on
2 that particular split of air, has been examined as prescribed in
3 this subsection within three hours immediately preceding his
4 entrance into such area.
5 [(b) In non-gassy mines, a pre-shift examination shall be
6 made each day during which coal is produced, and a report of
7 said examination shall be made in a report book provided for
8 that purpose. Such examination shall be made within three hours
9 immediately preceding the beginning of the first coal-producing
10 shift on such day.]
11 [Section 229. Management of the Mine.--The right to hire and
12 discharge employes, the management of the mine, and the
13 direction of the working forces, are vested exclusively in the
14 operator; and no person or persons, association or associations,
15 organization or organizations, corporation or corporations,
16 shall interfere with or attempt to interfere with, abridge or
17 attempt to abridge, in any manner whatsoever, such right,
18 provided that this does not invalidate any existing or future
19 contract.]
20 Section 230. Mine Supplies; Countersign Reports.--(a) It
21 shall be the duty of every superintendent, on behalf and at the
22 expense of the operator, to keep on hand at each mine at all
23 times a sufficient quantity of all materials and supplies
24 required to preserve the health and safety of the employes, as
25 ordered by the mine foreman and required by this act. If, for
26 any reason, the superintendent cannot procure the necessary
27 materials or supplies as aforesaid, he shall at once notify the
28 mine foreman, whose duty it shall be to withdraw [the men] all
29 individuals from the mine, or portion of mine, until such
30 materials or supplies are received.
20050S0949B1251 - 54 -
1 (b) The superintendent shall, at least once every week,
2 read, examine carefully, and countersign all reports entered in
3 the mine record book [by the mine foreman], and if he finds on
4 such examination that the law is being violated [in any
5 particular], [he] the superindendent shall order the mine
6 foreman to stop said violation forthwith, and shall see that
7 [his] the order is complied with.
8 Section 231. Qualifications and General Responsibility of
9 Superintendent.--(a) Beginning three hundred sixty-five days
10 from the effective date of this subsection, no person may become
11 appointed or continue to work as a superintendent at any mine in
12 the Commonwealth unless that person holds a current, valid mine
13 foreman certificate. In the event that a superintendent is found
14 by the department to be in breach of his or her responsibilities
15 as superintendent, the department may suspend or revoke the
16 superintendent's mine foreman certificate.
17 (b) No person may serve as the superintendent for more than
18 one mine.
19 (c) The superintendent shall not obstruct the mine foreman
20 or other officials in the fulfillment of any of their duties as
21 required by this act, but he shall direct, provide the means,
22 and see to it that the mine foreman and all the other employes
23 under him comply with the law in all its provisions. He shall
24 give immediate attention to any violation of the law called to
25 his attention by the [mine inspector] department. The
26 superintendent shall be responsible for all the outside workings
27 and all the persons there employed. At any mine where a
28 superintendent is not employed, the duties that are herein
29 prescribed for the superintendent shall devolve upon the mine
30 foreman, in addition to his regular duties.
20050S0949B1251 - 55 -
1 Section 232. [Danger] Signals.--The superintendent of every
2 mine shall provide a sufficient number of danger signals, upon
3 request of the mine foreman, which the mine foreman or the
4 assistant mine foreman shall distribute in the mine at places
5 convenient for the use of the mine examiners and other officials
6 in the fulfillment of their duties. Danger signals in all mines
7 shall be uniform, and of a design approved by the [secretary]
8 department. All danger signals shall be kept in good condition,
9 and no defective signal shall be used in any mine.
10 Section 233. [Rules and Notices] Supply of Record Books.--
11 The superintendent shall keep on hand at the mine a supply of
12 the [printed rules and notices and] record books required by
13 this act. [, which shall be furnished through the mine inspector
14 on request of the superintendent in writing. The operator shall
15 reimburse the Commonwealth for the cost of such rules, notices
16 and record books.] The superintendent shall see that [said rules
17 and notices and] record books are delivered to the proper
18 persons at the mine[,] and that they are properly cared for[,
19 and he shall also see that the rules and notices are posted in
20 conspicuous places at or near the entrance to the mine and kept
21 in such condition that they will always be legible].
22 Section 234. Withdrawal of Certification.--If the mine
23 foreman, the assistant mine foreman, mine examiner, or the mine
24 electrician, neglects his duties or incapacitates himself by
25 drunkenness, or is incapacitated by any other cause preventing
26 the proper performance of his duties, and information thereof
27 shall be brought to the knowledge of the superintendent, it
28 shall be the duty of the superintendent to make a thorough
29 investigation of the case; and if [he] the superindendent finds
30 evidence to sustain the charge he shall suspend said individual
20050S0949B1251 - 56 -
1 and shall inform the [mine inspector, who shall inform the court
2 of common pleas of the county wherein the mine is located or a
3 judge thereof, by petition; and said court, or judge when the
4 court is not in session, shall issue a citation in the name of
5 the Commonwealth to the said mine foreman, assistant mine
6 foreman, mine examiner, or mine electrician, to appear, at not
7 less than five days' notice, upon a day fixed, before said court
8 or a judge thereof, at which time the court shall proceed to
9 inquire into and investigate the allegations. If the court finds
10 the allegations to be true, it shall notify the department of
11 such finding, and instruct said department to withdraw the
12 certificate of said delinquent: Provided, however, That he shall
13 have the right to appear before a board of examiners and be re-
14 examined, and if he can satisfy the board of his fitness, and
15 passes a satisfactory examination, he shall be given another
16 certificate of qualification. When the court orders the
17 certificate of a mine foreman, an assistant mine foreman, mine
18 examiner, or mine electrician, to be withdrawn, the mine
19 inspector shall notify the operators of the district of the
20 fact] department.
21 Section 235. [Contents of Maps and Plans.--The operator or
22 the superintendent of any bituminous coal mine shall make, or
23 cause to be made under the direction or supervision of a
24 registered mining engineer or registered surveyor, an accurate
25 map of the mine, on a scale of not less than two hundred feet to
26 the inch, which map shall show the following:
27 (1) All the openings, excavations, shafts, slopes, drifts,
28 tunnels, planes, main entries, cross entries and rooms and the
29 name or number of each; and the blueprint in the office of the
30 mine shall show by arrows the direction of the air currents in
20050S0949B1251 - 57 -
1 said mine, each split to be numbered and suitably designated.
2 (2) An accurate delineation of the boundary lines between
3 said mines and all adjoining mines or coal lands, and the
4 relation and proximity of the workings of said mine to all
5 adjoining mines or coal lands.
6 (3) The elevation above or below mean tide at Sandy Hook of
7 the top and bottom of each shaft and slope, of all drifts,
8 tunnels, planes, and of the faces of entries, as found at each
9 semiannual survey, and in rooms and entries adjacent to boundary
10 lines between such mine and any adjoining mine or mines at
11 points not more than three hundred feet apart; also the number
12 of last survey station and the date of such survey on the
13 entries, as they are represented on the map; the location of
14 streams, rivers, lakes, dams, or any other bodies of water on
15 the surface, with their elevations accurately and plainly
16 marked; the location and elevation of any body of water dammed
17 in the mine, or held back in any portion of the mine, giving the
18 true area of said body of water; the location of all boreholes
19 penetrating the coal strata; and the location of all oil and gas
20 wells and oil and gas pipe lines: Provided, however, That for
21 the purpose of this section the owner or owners of the oil and
22 gas wells and the oil and gas pipe lines shall furnish, at his,
23 their or its own expense, to the operator of the mine on which
24 said wells are located or lines are constructed, a survey
25 showing the location thereof, and within sixty days after the
26 construction or location of wells and pipe lines hereafter
27 made.] Mapping Requirements and Surveying Standards.--(a) The
28 operator or superintendent of each mine shall cause to be made
29 by a registered mining engineer or registered professional
30 surveyor an accurate map, of professional quality, of the mine,
20050S0949B1251 - 58 -
1 on a scale of not less than four hundred feet to the inch. At a
2 minimum, the map shall show:
3 (1) A complete legend identifying all features represented
4 on the map and a title block including all changes of mine
5 ownership and the dates of those changes.
6 (2) An accurate delineation of the current extent of the
7 workings of the mine and all mines and/or coal lands inside the
8 permit boundary and all mines and/or coal lands within one
9 thousand feet of the outside of the permit boundary. The
10 delineation must show all workings of all mines above and below
11 said mine within the permit boundary and within one thousand
12 feet of the outside of the permit boundary.
13 (3) Barrier pillars for all mine workings inside the permit
14 boundary and all mine workings adjacent to the permit boundary.
15 (4) Two permanent baseline points coordinated with the
16 underground and surface traverse points, and two permanent
17 elevation benchmarks referencing mine elevation surveys. The
18 baseline points and elevation benchmarks shall be prepared using
19 the Pennsylvania State Plan Coordinate System (NAD83 Datum). In
20 the alternative, the map shall include coordinate transformation
21 equations converting the baseline points shown to correlate to
22 the Pennsylvania State Plan Coordinate System.
23 (5) All openings, excavations, shafts, slopes, drifts,
24 tunnels, entries, crosscuts, rooms, boreholes and all other
25 excavations including surface pits and auger holes in each seam.
26 (6) Areas where the pillars or longwall panels have been
27 removed.
28 (7) The name or number of each butt, room and section.
29 (8) Ventilation controls, numbered air splits and the
30 direction of air currents using arrows.
20050S0949B1251 - 59 -
1 (9) USGS elevation at the top and bottom of each shaft,
2 slope, drift and borehole.
3 (10) Bottom of coal elevations, taken at intervals not to
4 exceed three hundred feet apart, in one entry of each section
5 and in one entry of each set of rooms off such sections.
6 (11) Bottom of coal elevations taken in the last open
7 crosscut of all sections and each set of rooms off such section
8 before they are abandoned.
9 (12) Elevation contour lines at whole number ten-foot
10 increments, unless the seam is steeply pitching; then it may be
11 twenty-foot intervals.
12 (13) The number of each survey station and the date of the
13 last survey in the entries, as they are represented on the map.
14 (14) The location and elevation of any body of water dammed
15 or held back in any portion of the mine, giving the volume in
16 gallons of said body of water.
17 (15) The location of streams, rivers, lakes, dams or any
18 other bodies of water on the surface, with their surface
19 elevations accurately and plainly marked.
20 (16) The location of permanent surface features such as
21 railroad tracks, public highways, permanent buildings and oil
22 and gas wells.
23 (17) All seals and bulkheads within the mine.
24 (b) The following accuracy standards must be met:
25 (1) A minimum elevation closure of plus or minus one foot
26 per five thousand feet is required.
27 (2) Mine traverse, advanced by closed loop method of survey
28 or other equally accurate method of traversing. Minimum angular
29 and coordinate ties for raw data would be an angular tie of less
30 than one minute and a coordinate time of greater than 1:10,000
20050S0949B1251 - 60 -
1 for any given closed loop survey.
2 (c) The extent of surveying shown on the map shall be
3 acceptable where the following minimum underground surveying
4 standards are met:
5 (1) Every entry must be surveyed at intervals not to exceed
6 three hundred lineal feet. Survey station spads will be
7 established in each entry of all mains, sections, butts, rooms
8 and other excavations. Survey lines may extend from adjacent
9 entries as long as the interval between survey station spads
10 within an entry does not exceed three hundred lineal feet.
11 Continuous survey lines must be maintained in at least one
12 entry.
13 (2) Lateral take-ups (left and right) must be taken in every
14 entry at all intersections. This must denote the location of all
15 intersections, define the corners and the location of the rib-
16 line within each entry. For any excavation greater than twenty
17 per cent from the planned excavation, additional lateral take-
18 ups must be taken to define this area. All of the information
19 must be accurately portrayed on the mine map.
20 (3) All workings not surveyed and taken from a working map
21 or other unofficial record shall be shown on the map with dashed
22 lines. The legend shall identify that these areas have not been
23 surveyed.
24 (4) A survey station spad is required to be within one chain
25 length three hundred of the deepest penetration of the final
26 faces of each mining section, butt or room. The number of last
27 survey station spad and the date of such survey of the entries
28 are to be shown on the mine map. The area from this spad to the
29 face will be considered surveyed provided that lateral and face
30 take-ups have been completed and recorded in the field book and
20050S0949B1251 - 61 -
1 shown on the mine map. Field books shall be available for
2 inspection. If lateral and face take-ups are not completed, the
3 area in by the last survey station spad must be identified on
4 the map with dashed lines. The survey station spads located in
5 each mining section, butt or room shall be tied to a check
6 survey station.
7 (5) Check survey stations shall be advanced to within three
8 hundred feet of the deepest penetration of all mains, sub-mains,
9 sections and butts. Check survey stations shall be advanced to
10 within six hundred feet of the deepest penetration of all rooms.
11 (6) Check survey stations shall be advanced to within one
12 hundred feet of the deepest penetration of all mining sections,
13 butts, rooms and excavations adjacent to the permit or property
14 boundary lines.
15 (d) Prior to each area being sealed, the operator or
16 superintendent will verify in writing that the map of the sealed
17 area meets the requirements of this act.
18 [Section 236. Information as to Adjoining Mine.--When the
19 workings of a mine are within one thousand feet of the boundary
20 lines between such mine and any adjoining mine or mines,
21 application shall be made by the operator or the superintendent
22 to the mine inspector in the district for information as to the
23 proximity of the workings of such adjoining mine or mines and if
24 the workings of such adjoining mine or mines are, at their
25 nearest point, within one thousand feet of such boundary line,
26 the mine inspector shall so notify the said operator or the said
27 superintendent, who shall have such portion of the workings of
28 said adjoining mine or mines surveyed and shown on the map of
29 the mine first mentioned. For the sole purpose of making the
30 survey herein required, the engineer or surveyor of any mine
20050S0949B1251 - 62 -
1 shall have the right of entry into any adjoining mine, on the
2 written authority of the mine inspector in the district.]
3 Section 239. Furnishing Copies of Maps.--A copy of this map
4 shall be furnished every six months to the [mine inspector in
5 the district in which the mine is located] department. When more
6 than one seam of coal is being worked in any mine, the [mine
7 inspector in the district] department shall be provided with a
8 separate copy of the original map of the complete workings of
9 each seam as provided for in this act. The copies [of the maps
10 of the several mines, as hereinbefore required to be furnished
11 to the mine inspector in the district,] shall remain in the care
12 of the [mine inspector in the district in which said mines are
13 situated, as official records pertaining strictly to the office
14 of said mine inspector, to be transferred by him to his
15 successor in office, and in no case shall any copy thereof be
16 made or any information therefrom be given to any person without
17 the consent of the operator, except as provided for in this act:
18 Provided further, That when] department. When one mine is
19 working a seam of coal under another mine that is working an
20 overlying seam, and the two mines are operated by different
21 operators, such operators shall exchange with each other copies
22 of their respective mine maps, showing such portions of their
23 respective mines as may be directly above or below the other
24 mine.
25 Section 240. Duties upon Abandonment of Mine.--[Whenever a
26 mine is to be abandoned for a period of one year or more, the
27 operator or the superintendent shall notify the mine inspector
28 in the district at once and shall, within sixty days thereafter,
29 extend the said mine inspector's map to show clearly all worked-
30 out or abandoned territory with all property and boundary lines
20050S0949B1251 - 63 -
1 and elevations as required in this act. The owner or the
2 operator of such abandoned mine shall also, within sixty days
3 after its abandonment, send to the department a tracing or print
4 of said complete original map which shall be kept in the
5 department as a public document. The registered mining engineer
6 or the registered surveyor shall certify that said tracing or
7 print is a true and correct copy of the original map of said
8 mine, and that the original map is a true, complete, and correct
9 map and survey of all the excavations made in such abandoned
10 mine.]
11 (a) If a mine is inactive for a period of thirty days or
12 more, or if the operator intends to cease ventilation of the
13 mine, the operator or the superintendent shall notify the
14 department at once and shall, within thirty days extend the
15 official map to show clearly all worked-out or abandoned
16 territory with all excavations, property and boundary lines,
17 elevations and map features as required in this act. The owner
18 or the operator of such mine shall also, within forty-five days
19 after its change in status, send to the department a tracing,
20 print or digital map in a format acceptable to the department of
21 said complete original map. The registered mining engineer or
22 the registered surveyor shall certify that said tracing, print
23 or digital map is a true and correct copy of the original map of
24 said mine, and that the original map is a true, complete and
25 correct map and survey of all the excavations made in such
26 inactive or abandoned mine. A dated statement signed by a
27 company or corporate officer stating that the map represents a
28 complete and accurate representation of all underground
29 excavations and that this is the final map of the mine is to be
30 included.
20050S0949B1251 - 64 -
1 (b) If the operator, superintendent or company or corporate
2 officer fails to provide the certified final map or recklessly
3 or intentionally submits an inaccurate certified map, the
4 violation shall be a felony subject to prosecution under section
5 508. Any cost incurred by the Commonwealth as a result of
6 violation of this subsection may be recovered as restitution in
7 a sentence imposed under this subsection.
8 Section 241. Survey by [Mine Inspector] Department.--If the
9 mine inspector [in the district] shall have reasonable cause to
10 believe that any map of any mine, furnished to him in pursuance
11 of the provisions of this act, is inaccurate or imperfect, he is
12 hereby authorized to have [made] the operator make a survey and
13 a new map of said mine. [The cost of said survey and map shall
14 be recoverable from the operator as other debts are recoverable
15 by law: Provided, however, That if the map, claimed by the mine
16 inspector in the district to be inaccurate or imperfect, shall
17 be found sufficiently accurate to serve the purpose for which it
18 is intended, then the Commonwealth shall be liable for the
19 expense incurred in making said survey and map, which expense
20 shall be paid by the State Treasurer, upon warrant of the
21 Auditor General, issued upon the presentation of a voucher
22 approved by the secretary.]
23 Section 14. Section 242 of the act, amended December 19,
24 1996 (P.L.1414, No.182), is amended to read:
25 Section 242. Ventilation Requirements.--(a) The operator or
26 the superintendent of every mine shall provide and maintain
27 ample means of ventilation to furnish a constant and adequate
28 supply of pure air for the employes. The quantity and velocity
29 of the current of air shall be sufficient to dilute so as to
30 render harmless, and carry away flammable or harmful gases.
20050S0949B1251 - 65 -
1 (b) The quantity of air reaching the last open crosscut in
2 any pair or set of entries shall not be less than [six thousand]
3 nine thousand cubic feet per minute. All active underground
4 [working places] work areas in a mine shall be ventilated by a
5 current of air containing not less than nineteen and five tenths
6 per cent of oxygen, not more than five tenths per cent of carbon
7 dioxide, and no harmful quantities of other noxious or poisonous
8 gases.
9 (c) Where belt conveyors are installed, main stoppings and
10 regulators shall be so arranged as to reduce the quantity of air
11 traveling in the belt conveyor entry to a minimum for effective
12 ventilation and to provide an intake air split as an escapeway
13 from the face area to the main air current.
14 This provision does not apply to approved mobile belt
15 conveyors when such are considered part of the equipment
16 required for face mining operations, provided doors are
17 installed in all stoppings between the two belt conveyor entries
18 to provide an escapeway in cases of fire, smoke, or any other
19 emergency[, providing the application submitted by the operator
20 has the approval of a Commission of Mine Inspectors designated
21 by the secretary].
22 (d) If the air at a working face in a mine, when tested at a
23 point not less than twelve inches from the roof, face, and rib,
24 contains [explosive gas] methane gas in an amount of one per
25 cent or greater, as detected by an approved [flame safety lamp]
26 gas detection device, changes or adjustments shall be made at
27 once in the ventilation in such mine so that such air shall
28 [not] contain [a detectable quantity of explosive] less than one
29 per cent of methane gas.
30 (e) If a split of air returning from active underground
20050S0949B1251 - 66 -
1 working places in a mine contains [explosive gas] methane gas in
2 an amount of one per cent or greater, as detected by an approved
3 [flame safety lamp] gas detection device, changes or adjustments
4 shall be made at once in the ventilation in such mine so that
5 such returning air shall [not] contain [a detectable amount of
6 explosive] less than one per cent of methane gas. This does not
7 apply to bleeder returns.
8 (f) [Not more than seventy persons shall be permitted to
9 work in the same continuous air current.] The return air from
10 each split shall be conducted into the return airway, which
11 shall lead to the main outlet.
12 [(g) In non-gassy mines, the requirements of this section
13 may be modified or relaxed during the times that no men are in
14 the mine, if written permission therefor is obtained from the
15 mine inspector in the district.]
16 Section 15. Sections 243, 245, 246, 247, 248, 249, 250, 252,
17 253, 254, 256, 257, 258, 259, 260, 262, 263, 264, 265, 266, 267
18 and 268 of the act are amended to read:
19 Section 243. Crosscuts and Stoppings.--(a) The distance
20 driven to establish ventilation connections between entries or
21 rooms shall not exceed two hundred linear feet. Where adequate
22 ventilation is provided, the entry or room may be driven in
23 conjunction with the new air connection: Provided, That the
24 distance to either face does not exceed two hundred linear feet
25 when the new air connection is established. In no case shall any
26 place be driven a total of more than two hundred linear feet
27 unless ventilation connections have been established, except as
28 herein provided. Where adequate ventilation can be provided the
29 [mine inspector in the district] department may give written
30 permission to authorize a greater distance.
20050S0949B1251 - 67 -
1 (b) Crosscuts between intakes and return air courses shall
2 be closed, except the one nearest the face; crosscuts between
3 rooms shall be closed, where necessary, or when required by the
4 [mine inspector in the district] department, to provide adequate
5 ventilation at the working face.
6 (c) Where practicable, an air connection shall be provided
7 at or near the face of each entry or room before the place is
8 abandoned.
9 (d) [Entries or rooms shall not be started off an entry
10 beyond the last open crosscut: Provided, however, That room
11 necks and entries] Excavations not to exceed eighteen feet in
12 depth [(]unless permission is obtained from the [mine inspector
13 in the district] department to drive a greater distance[)] may
14 be [turned off an entry] driven beyond the last open crosscut if
15 such [room necks or entries] excavations are kept free of
16 accumulations of methane by use of line brattice or other
17 adequate means.
18 (e) On entries other than panel or room entries, all
19 permanent stoppings in crosscuts between intake and return
20 airways shall be built of solid, substantial, incombustible
21 material such as, but not limited to, concrete, concrete blocks,
22 bricks, steel or tile: Provided, however, That where physical
23 conditions exist because of heaving or caving which make the use
24 of concrete, concrete blocks, brick, steel or tile
25 impracticable, timber laid longitudinally "skin to skin" or an
26 approved substitute may be used. Temporary stoppings may be
27 erected in cut-throughs near the working face.
28 (f) Stoppings shall be reasonably airtight.
29 Section 245. Line Brattice.--(a) Substantially constructed
30 line brattice shall be used from the last open crosscut of an
20050S0949B1251 - 68 -
1 entry or room when necessary, or when required by the [mine
2 inspector in the district] department, to provide adequate
3 ventilation for the workmen and to remove gases and explosive
4 fumes. When damaged by falls or otherwise, they shall be
5 repaired promptly.
6 (b) The space between the line brattice and the rib shall be
7 large enough to permit the flow of a sufficient volume of air to
8 keep the working face clear of flammable and noxious gases.
9 (c) Brattice cloth used underground shall be of approved
10 flame-resistant material.
11 Section 246. Auxiliary Blowers and Fans.--The operator of
12 any mine who desires to use therein any auxiliary blowers or
13 exhaust fans shall submit [through the mine inspector in the
14 district] to the [secretary] department a ventilation plan
15 showing the use proposed to be made of such auxiliary blowers or
16 exhaust fans. Thereupon, the [secretary] department shall review
17 the plan and [either--] take one of the following actions:
18 (1) Approve it[, in which case an appropriate permit shall
19 be issued; or].
20 (2) Request additional information[; or].
21 (3) Disapprove the plan, setting forth in writing [his] its
22 reasons for such disapproval.
23 [The secretary must approve or disapprove the said plan
24 within sixty days after its initial submission to him for
25 approval by the operator.] In approving such plan, the
26 [secretary] department shall require that said auxiliary blowers
27 or exhaust fans shall be powered by approved motors when
28 installed underground, operated continuously while any work is
29 being performed in the area being ventilated thereby and be so
30 placed that recirculation of the air is not possible.
20050S0949B1251 - 69 -
1 Section 247. Unused and Abandoned Parts of the Mine.--[In a
2 gassy mine all] All workings which are abandoned [after the
3 effective date of this act, or the dates such mine became a
4 gassy mine, whichever is later,] or sealed shall be ventilated.
5 Return air may be used to ventilate such areas. The plan of
6 ventilation of abandoned [and], unused or sealed parts of the
7 mine [shall] must be approved by the [mine inspector in the
8 district] department.
9 Section 248. Sewage Dumping Prohibited.--If any person shall
10 construct or cause to be constructed for use after the effective
11 date of this act, any sewer or other method of drainage from any
12 building or dwelling house for the carrying of sewage, offal,
13 refuse or other offensive matter, into any portion of any
14 operating or abandoned mine, such person shall be guilty of a
15 misdemeanor[, and, upon conviction thereof, shall be sentenced
16 to a fine not exceeding one thousand dollars ($1,000), and
17 undergo an imprisonment not exceeding one year, either or both,
18 at the discretion of the court] of the third degree.
19 Section 249. Fans.--The ventilation of mines which extend
20 more than two hundred feet underground, and which are opened
21 after the effective date of this act, shall be produced by a
22 mechanically operated fan or mechanically operated fans.
23 [Ventilation by means of a furnace is prohibited in any mine.]
24 The fan or fans shall be kept in continuous operation, unless
25 written permission to do otherwise be granted by the [mine
26 inspector in the district] department. All main fans [installed
27 after the effective date of this act] shall be located on the
28 surface in fireproof housing offset not less than fifteen feet
29 from the nearest side of the mine opening, equipped with
30 fireproof air ducts provided with explosion doors or a weakwall,
20050S0949B1251 - 70 -
1 and operated from a separate power circuit. In lieu of the
2 requirements for the location of fans and pressure-relief
3 facilities, a fan may be directly in front of, or over, a mine
4 opening: Provided, however, That such opening is not in direct
5 line with possible forces coming out of the mine if an explosion
6 occurs: And provided further, That there is another opening
7 having a weakwall stopping or explosion doors that would be in
8 direct line with forces coming out of the mine. All main fans
9 shall be provided with pressure-recording gauges, or water
10 gauges. A record of the charts shall be kept for one year. A
11 daily inspection shall be made of all main fans and machinery
12 connected therewith by a competent person and a record kept of
13 the same in a book prescribed for this purpose. Approved
14 facilities shall be provided at point or points under
15 observation while men are in the mine, which shall give warning
16 of an interruption to a fan. Where such facilities are not
17 provided, an attendant shall be constantly kept on duty while
18 men are in the mine.
19 Section 250. Measurement of Methane.--[When requested by the
20 mine inspector in the district, the] The mine foreman or the
21 superintendent shall once each week direct and see that the
22 methane content of the ventilating current or currents is
23 determined by analyses, or by an instrument capable of accuracy
24 to one-tenth of one per cent. The samples or the determinations
25 shall be taken on the return end of the air circuit or circuits
26 just beyond the last working place, unless otherwise directed by
27 the [mine inspector in the district] department, and a correct
28 report of these determinations shall be promptly furnished to
29 the [mine inspector in the district] department. Said
30 determinations, or samples, shall be taken on days when [the
20050S0949B1251 - 71 -
1 men] individuals are at work and recorded in a book provided for
2 that purpose.
3 Section 252. Employes: Instruction of; Examination of
4 Working Areas; Duties.--It shall be the duty of the mine foreman
5 or [his] assistant mine foreman to ascertain that all workmen
6 are trained in the proper methods of testing roof, face and
7 ribs. The mine foreman shall designate the tool or tools to be
8 used for testing. [Face workers and other employes] Employes
9 whose work exposes them to hazards or falls of roof and coal
10 shall thoroughly test the roof, face and ribs, before starting
11 to work or before starting a machine, and frequently thereafter.
12 A miner shall examine his place to see whether the mine examiner
13 has left the date marks indicating his examination thereof, and
14 if said marks cannot be found, it shall be the duty of the miner
15 to notify the mine foreman or [his] assistant mine foreman of
16 the fact. [The required tests may be made by any competent
17 person for a crew.] If roof, face or rib conditions are found to
18 be unsafe, they shall be corrected by taking down loose
19 material, or shall be securely supported, before work is
20 started. If roof, face or rib conditions are found to be unsafe,
21 and the unsafe condition cannot be corrected by normal taking
22 down or supporting practices, the place shall be vacated and
23 guarded or a danger sign erected to prevent unauthorized
24 entrance, and the official in charge promptly notified. Only
25 [men] individuals capable of correcting the dangerous condition
26 may be delegated to do such work. The officials in charge shall
27 examine for unsafe conditions, the roof, faces, ribs, and
28 timbers or supports of all working places each time they visit a
29 place. Unsafe conditions found by them shall be corrected
30 promptly. All employes shall notify the mine foreman or [his]
20050S0949B1251 - 72 -
1 assistant mine foreman of any unsafe condition in the mine when
2 said conditions are known to them.
3 Section 253. Roof Support.--(a) The roof in all underground
4 areas shall be supported as necessary for the protection of the
5 employes and equipment. [Minimum timbering, or other roof
6 support methods,] A roof control plan suitable to the roof
7 conditions of each mine or part of a mine shall be adopted by
8 the operator and complied with. The [mine inspector in the
9 district] department shall be notified of the adoption of such a
10 plan of roof support and shall review the said plan, and
11 either--
12 (1) Approve it, or
13 (2) Request additional information, or
14 (3) Disapprove the plan, setting forth in writing [his] its
15 reason for such disapproval.
16 [The mine inspector in the district shall approve or
17 disapprove the said plan within sixty days after its initial
18 submission to him for approval by the operator.] Workmen whose
19 work involves roof support shall be informed of approved roof
20 support plans, and [if required by the mine inspector in the
21 district,] such plans shall be posted.
22 Additional roof supports shall be used when and where
23 necessary. [Safety posts, approved jacks or temporary crossbars
24 shall be set close to the face when necessary for safety before
25 other operations are begun and as needed thereafter. Where roof
26 supports are required at the working faces, persons shall not
27 advance beyond supported roof, except those who are assigned to
28 install supports or make examinations. Recovery of roof supports
29 shall not be done except by experienced persons and only where
30 adequate temporary support is provided.
20050S0949B1251 - 73 -
1 (b) Should a mine operator propose use of roof bolts in lieu
2 of conventional timbering, he shall discuss his proposed plan
3 with the mine inspector in the district. If roof bolts are to be
4 used in a first mining area, the mine inspector in the district
5 and the operator or his representative shall arrange for a test
6 area. Roof bolts shall be installed in conjunction with
7 conventional timbering as the working places advance. After
8 these places have advanced a predetermined distance, all
9 entrances shall be fenced off and approved danger signals
10 displayed on same fences. The conventional timbering shall then
11 be removed. Observation of the test area shall be made by the
12 mine inspector in the district and the operator or his
13 representative. If they are satisfied that the roof bolting is
14 successful, an application together with a copy of the roof
15 bolting plan shall be sent to the secretary requesting a permit.
16 Whereupon the secretary shall either approve or reject the
17 proposed roof bolting plan within sixty days after initial
18 submission to him. If the request for the permit is rejected the
19 secretary shall give his reasons therefor in writing to the
20 operator.
21 (c) Should a mine operator propose the use of roof bolts in
22 lieu of the previously adopted roof support plan in pillar
23 recovery areas, a plan shall be proposed to the mine inspector
24 in the district whereby the working places shall be roof bolted
25 in conjunction with the previously adopted roof support plan
26 during the observation period.
27 Observation of this pillar recovery area shall be made by the
28 mine inspector in the district and the operator or his
29 representative. If they are in agreement that the roof bolting
30 is successful, an application shall be made in accordance with
20050S0949B1251 - 74 -
1 subsection (b) of this section.]
2 Section 254. Authorized Explosives.--Permissible explosives,
3 approved breaking devices, or approved blasting devices [only]
4 shall be used [in blasting or dislodging coal or other material]
5 in underground [coal] mines. [The secretary, when satisfied by
6 tests that any approved coal breaking device, or approved
7 blasting device, has deteriorated from the standard established
8 by the testing station of the Federal Bureau of Mines, and
9 thereby becomes dangerous, may prohibit the use thereof, either
10 absolutely or subject to conditions.]
11 Section 256. Underground Storage of Explosives.--Explosives
12 and detonators stored underground shall be kept in section boxes
13 or magazines of substantial construction with no metal exposed
14 on the inside, and be located at least twenty-five feet from
15 roadways and power wires in a well rock-dusted location
16 protected from falls of roof. If not kept in separate boxes or
17 magazines not less from five feet apart, they may be kept in the
18 same box or magazine if separated by at least a four-inch
19 hardwood partition or the equivalent. [Not more than a forty-
20 eight hour supply of explosives or detonators shall be stored
21 underground in section boxes or magazines.] These boxes or
22 magazines shall be kept at least three hundred feet from the
23 faces, and out of the direct line of blasting, and in every case
24 they shall be installed outby the last permanent stopping and on
25 intake air.
26 Section 257. Preparation of Shots; Blasting Practices;
27 Multiple Shooting.--(a) Only [competent and experienced persons
28 designated by a mine foreman] certified shot-firers shall be
29 permitted to handle explosives and to do blasting. Only electric
30 detonators of proper strength fired with approved shot-firing
20050S0949B1251 - 75 -
1 units shall be used and drillholes shall be solidly stemmed with
2 at least twenty-four inches of incombustible material, or at
3 least one-half of the length of the hole shall be solidly
4 stemmed if the hole is less than four feet in depth unless other
5 approved stemming devices or methods are used[: Provided, That
6 with permission of the mine inspector in the district, cushion
7 or air blasting may be used]. Drillholes shall be of ample size
8 and shall not be drilled beyond the limits of the cut, and as
9 far as practicable, cuttings and dust shall be cleaned from the
10 holes before the charge is inserted. Charges of explosives
11 exceeding one and one-half pounds shall be used only if
12 drillholes are six feet or more in depth. Ample warning shall be
13 given before shots are fired, and care shall be taken to
14 determine that all persons are in the clear before firing. [Men]
15 Individuals shall be removed from adjoining [places] areas and
16 other [places] areas when there is danger of shots blowing
17 through. No shots shall be fired in any [place known to liberate
18 explosive gas] area until such [place] area has been properly
19 examined by [a competent person who is designated by the mine
20 foreman for that purpose] the shot-firer, and no shots shall be
21 fired in any [place] area where gas can be detected by an
22 approved [flame safety lamp in accordance with the provisions of
23 this act] gas detection device. After firing any shot, [or
24 shots, the person firing the same] the shot-firer shall make a
25 careful examination of the [working face] work area before
26 leaving the [place] area, or before performing any other work in
27 the [place] area.
28 (b) The operator of a mine who desires to engage in multiple
29 shooting shall submit to the [mine inspector in the district]
30 department for approval a plan indicating the manner and details
20050S0949B1251 - 76 -
1 [in which he proposes] proposed to engage in multiple shooting.
2 [Thereupon, the mine inspector in the district shall review the
3 plan and submit the plan with his recommendations to the
4 secretary.
5 The secretary must approve or disapprove the said plan within
6 sixty days after its initial submission to him. Upon approval,
7 an appropriate permit shall be issued. If the request for the
8 permit is rejected, the secretary shall give his reasons
9 therefor in writing to the operator.]
10 (c) While boreholes are being charged, electrical equipment
11 shall not be operated in the [working place] work area and only
12 work in connection with roof support and general safety shall be
13 performed. Shots shall be fired promptly after charging.
14 (d) Mudcaps (adobes) or any other unconfined shots shall not
15 be permitted in any bituminous coal mine. No solid shooting
16 shall be permitted without [written permission of] approval from
17 the [secretary] department. Where solid shooting is practiced,
18 blasting holes shall be stemmed the full length of the hole.
19 (e) Blasting cables shall be well insulated and shall be at
20 least one hundred twenty-five feet in length to permit persons
21 authorized to fire shots to get in a safe place out of the line
22 of blasting. Shooting cables shall be kept away from power wires
23 and all other sources of electric current, connected to the leg
24 wires by the person who fires the shot, staggered as to length
25 or well separated at the detonator leg wires, and shunted at the
26 battery end until ready to connect to the blasting unit.
27 Detonator leg wires shall be kept shunted until ready to connect
28 to the blasting cable.
29 [Section 258. Other Blasting Devices.--(a) The provisions
30 governing the handling, storage, transportation and use of
20050S0949B1251 - 77 -
1 permissible explosives shall apply to all other blasting devices
2 employing a heater element when used underground.
3 (b) Where compressed air is used for blasting or dislodging
4 coal the air lines shall be grounded at the compressor, and if
5 practical, at other low-resistant ground connections along the
6 lines. They shall not be connected in any way to rails, water
7 lines, or other electric return conductors and shall be
8 adequately insulated and protected where they cross electric
9 wires, underneath track or at places where equipment passes over
10 or under. Steel, copper, or other air lines connected therewith
11 shall not be handled or repaired when air pressure is in the
12 line. Shutoff valves shall be installed every one thousand feet
13 in all compressed-air blasting lines and at all points where
14 branch lines leave the main line. Blowdown valves shall not be
15 less than fifty feet from the face and in a safe place out of
16 the line of blasting.
17 (c) When misfires occur with any other blasting or
18 dislodging devices, they shall be handled under the supervision
19 of the mine foreman, his assistant or a competent person
20 designated by them.
21 (d) Airlines shall be examined periodically for kinks or
22 other weaknesses and replaced immediately when defects are
23 found.
24 (e) When blowdown valves are opened to discharge the tube,
25 they shall remain open until time to place the tube in the next
26 borehole, except where shear-strip or shear-pin tubes are used.]
27 Section 259. Transportation of Explosives.--(a) Individual
28 containers used to carry permissible explosives or detonators
29 shall be constructed of substantial, nonconductive materials
30 approved by the [secretary] department, kept closed and
20050S0949B1251 - 78 -
1 maintained in good condition. When explosives or detonators are
2 transported underground in cars moved by means of [locomotives,
3 ropes or other motive power] powered haulage equipment, they
4 shall be in cars having a substantial covering or in special
5 substantially built covered containers used specifically for
6 transporting detonators or explosives. Explosives or detonators
7 shall not be hauled into or out of the mine within five minutes
8 preceding or following [a mantrip] individuals being
9 transported.
10 [(b) Where explosives and detonators are transported
11 underground by belts, they shall be handled in the following
12 manner: In the original and unopened cases, if constructed of
13 nonconductive material, or in special closed cases constructed
14 of nonconductive material; over-head clearance requirements
15 shall be a minimum of eighteen inches; stop controls shall be
16 provided at loading and unloading points, and a competent person
17 shall supervise the loading and unloading.]
18 (c) Neither explosives nor detonators shall be transported
19 on flight or shaking conveyors, mechanical loading machines,
20 locomotives, scrapers, cutting machines, drill trucks or any
21 self-propelled mobile equipment.
22 (d) If explosives and detonators are transported in the same
23 explosives car or in the same special container, they shall be
24 separated by at least four inches of hardwood partition or the
25 equivalent; the bodies of such cars or containers shall be
26 constructed or lined with nonconductive material.
27 (e) No [hand loader] shot-firer shall carry into or shall
28 have delivered to him any larger quantity of explosives or
29 detonators than [he] the shot-firer may reasonably expect to use
30 in any one shift.
20050S0949B1251 - 79 -
1 [Section 260. Unlawful to Employ Noncertified Shot-Firers.--
2 It shall be unlawful to employ as shot-firers in any gassy
3 bituminous coal mine, any person who has not given evidence to
4 the secretary as to his fitness and competency to handle and use
5 an approved safety lamp, and his ability to determine the
6 presence, or absence, of explosive gas and other dangerous
7 conditions. The manner of determining such fitness and
8 competency shall be prescribed by the secretary; he shall issue
9 a certificate to those found competent, the form of which shall
10 also be prescribed by the secretary and the cost of such
11 examination and certification shall be borne by the candidates:
12 Provided, That persons possessing certificates to act as mine
13 foremen, assistant mine foremen and mine examiners in gassy
14 bituminous coal mines shall be eligible to act as shot-firers:
15 Provided, however, That in an emergency the mine foreman may
16 designate, temporarily, a competent person or persons to act as
17 shot-firers, but this authority shall not be exercised by the
18 mine foreman so long as other certified personnel are available
19 in the area affected.]
20 Section 262. General Shot-Firing Rules.--(a) When gas is
21 ignited by a blast, or a fire occurs, the [person having charge
22 of the place where the said gas is ignited, or a fire occurs,]
23 shot-firer shall immediately extinguish it, if possible, and if
24 unable to do so [he] shall immediately notify the mine foreman
25 [or his assistant] of the fact, and warn other persons in the
26 vicinity who might be endangered.
27 (b) When a [miner or] shot-firer is about to fire a blast,
28 he shall notify all persons who may be endangered thereby, and
29 shall give sufficient alarm so that any person approaching may
30 be warned of the danger.
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1 (c) All charging and tamping tools shall be constructed of
2 nonsparking materials.
3 (d) Immediately after the firing of a shot, the firing leads
4 shall be disconnected from the supply or source of electricity
5 and shunted.
6 (e) No firing machine or battery shall be connected to the
7 shot-firing leads until all other steps preparatory to the
8 firing of a shot have been completed, and all persons have moved
9 to a place of safety, and no person other than the shot-firer
10 shall make such connection.
11 (f) [Any person firing shots] The shot-firer shall keep the
12 firing machine or battery in his possession at all times while
13 blasting.
14 (g) Frequent tests shall be made of all blasting devices to
15 insure that their capacity has not been decreased by use or
16 accident.
17 [(h) The shot-firer shall turn the approved electric cap
18 lamp out when making an examination for gas.]
19 (i) The shot-firer shall examine the place for gas and other
20 dangers before and after firing each shot or blast. [The
21 examination following a shot or blast shall not apply to those
22 areas where stumps are being shot solely for the purpose of
23 inducing falls.
24 (j) In a non-gassy mine, whenever a miner or shot-firer
25 shall open a box containing powder or other explosives, or while
26 in any manner handling the same, he shall first place his lamp
27 not less than five feet from such explosives and in such a
28 position that the air current cannot convey sparks to the
29 explosives, and he shall not smoke while handling explosives.]
30 Section 263. Hoisting Equipment; Duties of Operator or
20050S0949B1251 - 81 -
1 Superintendent; Hoisting Operations.--(a) The operator or
2 superintendent of every bituminous coal mine worked by shaft
3 shall provide and maintain a [metal tube,] telephone or other
4 means of communication from the top to the bottom and
5 intermediate landings of such shaft; a standard means of
6 signaling; an effective safety catch, bridle chains, automatic
7 stopping device, and automatic overwind; a sufficient cover on
8 every cage used for lowering or hoisting persons; an effective
9 safety gate at the top of the cage shaft, and intermediate
10 landings controlled by the cage, and an adequate brake on the
11 drum of every machine used to lower or hoist persons in such
12 shaft. Such operator shall have the machinery used for lowering
13 and hoisting persons into or out of the mine kept in safe
14 condition[, and a cage hoist] and equipped with a reliable
15 indicator. Cages and elevators shall be inspected once in each
16 twenty-four hours by a competent person of the company or a
17 manufacturer's representative; a safety catch test made every
18 two months, a record kept thereof, and a copy sent to the mine
19 inspector. Where a hoisting engineer is required, he shall be
20 readily available at all times when [men] individuals are in the
21 mine. The hoisting engineer shall operate the empty cage up and
22 down the shaft at least one round trip at the beginning of each
23 shift, after material has been lowered or hoisted, and after the
24 hoist has been idle for one hour or more before hoisting or
25 lowering [men] individuals. However, this shall not apply to
26 elevators used exclusively for hoisting and lowering [men]
27 individuals. There shall be cut out around the side of the
28 hoisting shaft, or driven through the solid strata at the bottom
29 thereof, a travelingway not less than five feet high and three
30 feet wide to enable a person to pass the shaft in going from one
20050S0949B1251 - 82 -
1 side of it to the other without passing over or under the cage
2 or other hoisting apparatus. Positive stop blocks or derails
3 shall be placed near the top and bottom and at all intermediate
4 landings of slopes and surface inclines and at approaches to all
5 shaft landings. A waiting station with sufficient room, ample
6 clearance from moving equipment, and adequate seating facilities
7 shall be provided where [men] individuals are required to wait
8 for man-trips or [man-cages] cages, and the [men] individuals
9 shall remain in such station until the man-trip or [man-cage]
10 cage is available. No hoisting engineer shall be required for
11 automatically operated cages[,] or elevators[, or platforms].
12 (b) When hoisting or lowering of [men] individuals occurs
13 during darkness, at any mine operated by shaft, the mine foreman
14 shall provide and maintain at the shaft mouth a light of
15 stationary character and sufficient to show the landing and all
16 surrounding objects distinctly and sufficient light of a
17 stationary character shall be located at the bottom of the shaft
18 so that persons coming to the bottom may clearly discern the
19 cages, elevators, and other objects contiguous thereto. The mine
20 foreman shall require that no cages or elevators on which [men]
21 individuals are riding shall be lifted or lowered at a rate of
22 speed greater than nine hundred feet per minute, and that no
23 mine cars, either empty or loaded, shall be hoisted or lowered
24 on cages while [men] individuals are being lowered or hoisted,
25 and no cage having an unstable self-dump platform, shall be used
26 for the carrying of [workmen] individuals unless the same is
27 provided with some device by which it may be securely locked
28 when [men] individuals are being hoisted or lowered into the
29 mine.
30 (c) In shafts where coal is hoisted and [employes]
20050S0949B1251 - 83 -
1 individuals lowered into or hoisted from the mine, the ropes,
2 links, and chains, shall be of ample strength, with a factor of
3 safety of not less than five to one of the maximum load. In
4 shafts used exclusively for lowering or hoisting [employes]
5 individuals and material, the factor of safety of ropes, links,
6 and chains shall not be less than ten to one of the maximum
7 load. All such ropes, links and chains shall be carefully
8 examined, at least once every twenty-four hours, by a competent
9 person delegated for that purpose by the superintendent; and any
10 defect therein found, by which life and limb may be endangered,
11 shall be reported at once in writing to the superintendent, who
12 shall immediately proceed to remedy the defect; and until that
13 is accomplished he shall prohibit any person from being lowered
14 into or hoisted from the mine by the defective apparatus. The
15 person making said examination shall keep a daily record of each
16 inspection, in ink, in a book kept at the mine office for that
17 purpose[, and he shall send a copy thereof each day to the
18 superintendent].
19 (d) The operator or the superintendent shall provide every
20 cage, used for lowering or hoisting persons, with handrails at
21 sides or overhead, or additional suitable devices and with bar,
22 or gate at ends; however, this shall not apply to elevators used
23 exclusively for lowering and hoisting [men] individuals. The
24 ropes shall be securely attached to the sides of the drum of
25 every machine that is used for lowering and hoisting persons or
26 material into and out of the mine, and the flanges shall have a
27 clearance of not less than four inches when the whole of the
28 rope is wound on the drum.
29 (e) In all shafts and slopes, where persons, coal and other
30 materials are hoisted by machinery, a system of signaling
20050S0949B1251 - 84 -
1 approved by the mine inspector in the district, shall be in
2 effect. The following code of signals shall be used:
3 One signal, to hoist car or cage;
4 One signal, to stop car or cage when in motion;
5 Two signals, to lower car or cage;
6 Three signals, to hoist persons. The engineer shall signal
7 back when ready, after which the person shall get on the car or
8 cage, and then one signal shall be given to hoist.
9 [Four signals, to turn on steam to the pumps.]
10 Section 264. Duties of Bottom [Man] Person.--At every shaft
11 or slope where persons are lowered into or hoisted from the
12 mine, a bottom [man] person, who shall be over twenty-one years
13 of age, shall be designated by the mine foreman. The bottom
14 [man] person shall be on duty when [men] individuals are being
15 hoisted or lowered at the beginning and end of each shift. The
16 bottom [man] person shall personally attend to the signals and
17 see that the provisions of this act in respect to hoisting
18 persons in shafts or slopes are complied with. The bottom [man]
19 person shall not allow any tools to be placed on the same cage
20 with persons, or on either cage when they are being hoisted out
21 of the mine, except for the purpose of repairing the shaft or
22 machinery therein. The [men] individuals shall place their tools
23 in containers or cars provided for that purpose, which
24 containers or cars shall be hoisted before or after the [men]
25 individuals have been hoisted. [The bottom man shall see that no
26 driver or other person ascends the shaft with any horse or
27 mule.] The bottom [man] person shall immediately inform the mine
28 foreman of any violation. The bottom [man] person shall not
29 attempt to withdraw the car until the cage comes to a rest; and
30 when, putting the full car on the cage, he shall see that the
20050S0949B1251 - 85 -
1 springs or catches are properly adjusted so as to keep the car
2 in its proper place, before giving the signal to the engineer.
3 No bottom [man] person shall be required for automatically
4 operated cages[,] or elevators [or platforms].
5 Section 265. Number of Persons to be Hoisted.--No greater
6 number of persons shall be lowered or hoisted at any one time,
7 in any shaft or slope, than is permitted by the [mine inspector
8 in the district] department, and whenever the said number of
9 persons returning from work shall arrive at the bottom of the
10 shaft or slope, in which persons are regularly hoisted or
11 lowered, they shall be promptly furnished with an empty cage,
12 car, or elevator, and be hoisted to the surface, and in cases of
13 emergency a less number than the permitted number shall be
14 promptly hoisted. A notice of the number allowed to be lowered
15 or hoisted at any one time shall be kept posted by the operator
16 or superintendent in conspicuous places at the top and bottom of
17 the shaft. [This notice shall be signed by the mine inspector in
18 the district.] The cage or cages or other safe means of egress
19 shall be available at all times for the persons employed in any
20 mine that has no second outlet available.
21 Section 266. Duties of Top [Man] Person.--(a) At every
22 shaft or slope where persons are lowered into or hoisted from a
23 mine, a top [man] person or trip rider who shall be over twenty-
24 one years of age shall be designated by the superintendent. He
25 shall be on duty when [men] individuals are being hoisted or
26 lowered at the beginning and end of each shift. The top [man]
27 person or trip rider shall personally attend to the signals, and
28 see that the provisions of this act in respect to lowering and
29 hoisting persons in shafts or slopes are complied with. No top
30 [man] person shall be required for automatically operated
20050S0949B1251 - 86 -
1 cages[,] or elevators[, or platforms].
2 (b) Any person crowding or pushing to get on or off the
3 cage, elevator, or car, thereby endangering life, shall be
4 reported by any person to the superintendent who, in turn, shall
5 report the incident to the [mine inspector] department for
6 appropriate action.
7 (c) The top [man] person shall not allow any tools to be
8 placed on the same cage with persons, or on either cage, when
9 persons are being lowered into the mine, except for the purpose
10 of repairing the shaft or the machinery therein. The [men]
11 individuals shall place their tools in containers or cars
12 provided for that purpose, which containers or cars shall be
13 lowered before or after the men have been lowered. [He shall
14 also see that no driver or other person descends the shaft with
15 any horse or mule.]
16 (d) The top [man] person of a slope or incline plane shall
17 close the safety block or other device as soon as the cars have
18 reached the landing, in order to prevent any loose or runaway
19 cars from descending the slope or incline plane, and in no case
20 shall said safety block or other device be withdrawn until the
21 cars are coupled to the rope or chain and the proper signal
22 given. He shall carefully inspect each day all the machinery in
23 and about the headframe and the rope used, and shall promptly
24 report to the superintendent any defect discovered, and shall
25 securely attach the cars to the rope before lowering them down
26 the incline. He shall ring the alarm bell in case of accident,
27 and when necessary, immediately set free to act the drop logs or
28 safety switch.
29 (e) The top man of a shaft shall see that the springs or
30 keeps for the cage to rest upon are kept in good working order,
20050S0949B1251 - 87 -
1 and when taking off the full car he shall see that no coal or
2 other material falls down the shaft.
3 Section 267. Use of Competent Engineers.--No operator or
4 superintendent of any bituminous coal mine worked by shaft,
5 slope, or incline, shall place in charge of any engine used for
6 lowering or hoisting persons [employed] in such mine any but
7 competent engineers who are at least twenty-one years of age;
8 and no engineer in charge of such machinery shall allow any
9 person, except as may be designated for this purpose by the
10 operator or superintendent, to interfere with any part of the
11 machinery; and no person shall interfere with or intimidate the
12 engineer in the discharge of his duties. When [workmen]
13 individuals are being lowered or raised, the engineer shall take
14 special precautions to keep the engine well under control. No
15 person shall ride on a loaded cage or car in any shaft, slope,
16 or incline: Provided, however, That this shall not prevent any
17 trip rider from riding during the performance of his authorized
18 duties.
19 Section 268. Clearances and Shelter Holes.--(a) Track
20 switches, except room and entry development switches, shall be
21 provided with properly installed throws, bridle bars and guard
22 rails; switch throws and stands, where possible, shall be placed
23 on the clearance side. Haulage roads shall have a continuous
24 unobstructed clearance of at least thirty inches from the widest
25 extension of regular coal transportation equipment on the
26 clearance side. On haulage roads where trolley lines are used,
27 the clearance shall be on the side opposite the trolley lines
28 except where trolley lines are guarded or are installed at least
29 six and one-half feet above the rail. The clearance space on all
30 haulage roads shall be kept free of loose rock, coal, supplies
20050S0949B1251 - 88 -
1 or other materials, provided that not more than thirty inches
2 need be kept free of such obstructions. Ample clearance shall be
3 provided at all points where supplies are loaded or unloaded
4 along haulage roads or conveyors.
5 (b) After the effective date of this act, shelter holes
6 shall be provided on the clearance side along designated
7 travelingways which are also used as haulage entries, other than
8 belt conveyor haulage entries. This shall not apply to face area
9 or room haulageways. Such shelter holes shall be spaced not more
10 than eighty feet apart. Shelter holes made after the effective
11 date of this act shall be at least five feet in depth, not more
12 than four feet in width, level with the roadway and at least
13 four feet in height. [Room necks and crosscuts] Crosscuts may be
14 used as shelter holes even though their width exceeds four feet,
15 and they shall be kept clear for a depth of at least six feet.
16 Shelter holes shall be kept clear of refuse and other
17 obstructions. Shelter holes shall be provided at switch throws,
18 except at room switches. Shelter holes shall be provided at
19 manually operated permanent doors.
20 Section 16. Section 269 of the act, amended December 19,
21 1996 (P.L.1414, No.182), is amended to read:
22 Section 269. Underground Haulage Equipment; Use and
23 Maintenance.--[(a) No steam locomotive shall be used in mines
24 where men are actually employed in the extraction of coal, but
25 this shall not prevent operations of a steam locomotive through
26 any tunnel, haulway, or part of a mine that is not in actual
27 operation and producing coal.
28 (b) Underground equipment powered by internal combustion
29 engines using petroleum products, alcohol, or any other compound
30 shall not be used in a coal mine unless such equipment has been
20050S0949B1251 - 89 -
1 approved by the secretary for underground use in bituminous coal
2 mines and the equipment is operated and maintained in compliance
3 with Article II-A.]
4 (c) [Locomotives, mine cars, supply cars, shuttle cars, and
5 all other] Underground haulage equipment shall be maintained in
6 a safe operating condition. An audible warning device and
7 headlights shall be provided on each locomotive and each shuttle
8 car. Rerailing devices shall be provided on all locomotives.
9 Operators of haulage equipment shall sound a warning on
10 approaching curves, intersections, doors, curtains, manway
11 crossings, or any other location where persons are likely to
12 travel.
13 Section 17. Sections 270, 271, 272, 273, 274, 277, 278, 279,
14 280, 282, 283, 284, 285, 287, 288, 289, 290, 291, 293, 294, 296,
15 297, 298, 299, 299.3 and 299.7 of the act are amended to read:
16 Section 270. Operation of Haulage Equipment.--(a) Motormen[,
17 brakemen,] and trip riders shall use care in handling
18 locomotives and cars. It shall be their duty to see that all the
19 trip is coupled before starting. It shall be their duty to see
20 that there is a conspicuous light, or other device approved by
21 the [secretary] department, properly maintained, on the front
22 and rear of each trip or train of cars when in motion[:
23 Provided, however, That trip lights need not be used on cars
24 being shifted to and from loading machines, on cars being
25 handled at loading heads during gathering operations, at working
26 faces, or on trips being pulled by animals]. No persons shall
27 ride on locomotives [or empty cars] unless granted permission by
28 the mine foreman. No person [other than those necessary to
29 operate a trip or car] shall ride on any loaded car or on the
30 outside of any car. [Motorman] Motormen shall see that safety
20050S0949B1251 - 90 -
1 devices are placed on the last car of any trip being hauled
2 upgrade, as designated by the mine foreman and approved by the
3 [mine inspector in the district] department.
4 (b) No motorman[,] or trip rider [or brakeman] shall get on
5 or off [cars, trips, or locomotives] of a locomotive while [they
6 are] it is in motion[, except that a trip rider or brakeman may
7 get on or off the rear end of a slowly moving trip or the
8 stirrup of a slowly moving locomotive to throw a switch, to
9 apply braking devices, align a derail, or open or close a door].
10 (c) Flying or running switches, and riding on the front
11 bumper of a car is prohibited. Back poling shall be permitted
12 only to the nearest turning point or when going up extremely
13 steep grades and then only cautiously and at slow speed. The
14 operator of a shuttle car shall face in the direction of travel
15 except during the loading operation when he may face the loading
16 machine.
17 (d) A system of signals, methods or devices shall be used to
18 provide protection for trips, locomotives, and other equipment,
19 coming out onto tracks used by other equipment. Where a
20 dispatcher is employed to control trips, traffic [under his
21 jurisdiction] shall move only at his direction.
22 (e) Motormen shall inspect locomotives and report any
23 mechanical defects found to the proper mine official [before a
24 locomotive is put in.] prior to operation. The locomotive may
25 not be operated until the defects are corrected.
26 (f) When a motorman [or brakeman] has occasion to leave a
27 trip, he shall see that it is left in a safe place, secure from
28 cars, locomotives, or other dangers, and where it will not
29 endanger the operators of other trips or other persons.
30 [(g) Gathering service locomotives shall employ a brakeman,
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1 except where trips are consolidated on partings or sidetracks.
2 (h) When a driver has occasion to leave his trip, he shall
3 see that it is left in a safe place, secure from cars or other
4 dangers, and where it will not endanger the drivers of other
5 trips or other persons.
6 He shall take care while taking his trip down grade to have
7 the brakes, sprags or skids so adjusted that he can keep the
8 cars under control, and prevent them from running over himself
9 or others.
10 He shall not leave any cars standing where they may
11 materially obstruct the ventilating current, except in case of
12 accident, which he shall promptly report to the mine foreman or
13 his assistant.
14 He shall not allow any person to ride on loaded mine cars. He
15 shall not allow any person to drive his horses or mules in his
16 stead. When it is his duty to open a door for the purpose of
17 passing his trip through, he shall see that the door is
18 immediately closed thereafter.]
19 Section 271. Duties of Trip Rider and Hooker-On on Rope
20 Haulage.--(a) The trip rider shall see that all hitchings are
21 safe for use, and that all the trip is coupled before starting,
22 and should he at any time see any material defect in the rope,
23 link, or chain, he shall immediately remedy said defect, or if
24 he is unable to do so, he shall detain the trip and report the
25 matter to the mine foreman or [his] the assistant. [He shall not
26 allow any person to ride on the full trip. He shall not allow
27 any person to ride on the empty trip, except by authority of the
28 mine foreman, and the speed shall not exceed six miles an hour
29 when men are being transported.]
30 (b) The hooker-on at the bottom of any slope shall see that
20050S0949B1251 - 92 -
1 cars are properly coupled to a rope or chain, and that the
2 safety catch or other device is properly attached to the rear
3 car, before giving the signal to the engineer. He shall not
4 allow any person to ride up the slope [on the full trips,] other
5 than the trip rider.
6 Section 272. Transportation of [Men] Individuals.--(a) The
7 speed of mantrips shall be governed by the mine foreman and
8 mantrips shall be operated at safe speeds consistent with the
9 condition of roads and type of equipment used. Each mantrip
10 shall be under the charge of a competent person designated by
11 the mine foreman or [his] the assistant. It shall be operated
12 independently of any loaded trip of coal or other heavy
13 material, but may transport tools, small machine parts and
14 supplies. [When mine cars are used for mantrips on steep grades,
15 a locomotive shall be used on each end of the trip.]
16 (b) [Cars on the mantrip shall not be overloaded, and
17 sufficient cars in good mechanical condition shall be provided.
18 "Drop-bottom" cars shall not be used for mantrips unless they
19 are provided with a secure supplementary locking device.] No
20 person shall ride under the trolley wire unless suitable covered
21 [man cars] mantrips are used. [Men] Individuals shall not load
22 or unload before the cars in which they are to ride, or are
23 riding, come to a full stop. [Men] Individuals shall proceed in
24 an orderly manner to and from mantrips.
25 (c) [When belts are used for transporting men, a minimum
26 overhead clearance of eighteen inches shall be maintained
27 between the belt and the roof or crossbars, projecting
28 equipment, cap pieces, overhead cables, wiring, and other
29 objects. Where the height of the coal seam permits, the overhead
30 clearance shall not be less than twenty-four inches. The belt
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1 speed shall not exceed two hundred and fifty feet per minute
2 where the minimum overhead clearance is eighteen inches, or
3 three hundred feet per minute where the minimum overhead
4 clearance is twenty-four inches. Men shall ride not less than
5 six feet apart. Where men are transported, control lines shall
6 be installed the full length of the belt with control switches
7 placed along the belt line at intervals not exceeding two
8 hundred feet. Emergency switches shall be wired in such a manner
9 so that, when the belt is stopped, it cannot be started by any
10 other switch except the one that was de-energized.] Workers may
11 not be transported on belts.
12 (d) An assistant mine foreman or some other person
13 designated by the mine foreman shall supervise the loading and
14 unloading of [belts and] mantrips. Adequate clearance and proper
15 illumination shall be provided where [men board or leave
16 conveyor belts] individuals load or unload mantrips.
17 (e) Adequate precautions shall be taken so that moving trips
18 and standing cars are subject to proper control by derailing or
19 braking devices.
20 Section 273. Conveyor Belts; Construction and Operation of
21 Conveyor Equipment Underground.--(a) The following apply:
22 (1) It shall be unlawful to operate any conveyor belt in any
23 bituminous coal mine unless such conveyor belt is [efficiently
24 insulated by flame resistant material: Provided, however, That
25 an operator who, on April 4, 1956, had in use or on hand within
26 the State of Pennsylvania a conveyor belt which is not fire
27 resistant may use such conveyor belt in the same or any other
28 mine of the same operator until replacement is necessary.]
29 constructed of a material that passes the following laboratory
30 test: A sample at the size 1.52m long by 0.23m wide by belt
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1 thickness; distance of sample rack from tunnel rod, 20 cm;
2 tunnel airflow, 1.02 m/s; duration of gas igniter, 5 min.;
3 methane flow to burner, 35 L/min. at 22 C and 101 KPa. Three
4 trials will be conducted.
5 (2) To conduct a test, a belt sample shall be fastened with
6 the top cover up, if applicable, to the steel rack with 1.4 mm
7 diameter cotter pins and the washers to prevent the belt from
8 shrinking away from the burner. The rack shall be placed in the
9 tunnel and the airflow (1.02 m/s) is set. The airflow shall be
10 measured by a vane anemometer placed on the belt surface about
11 30 cm from the front of the tunnel. The methane burner shall be
12 ignited and the flame allowed to stabilize. The burner shall
13 then be applied to the front edge of the belt sample with the
14 flame impinging equally on the top and bottom surfaces of the
15 sample. After five minutes, the burner shall be removed and the
16 belt sample allowed to burn until the flames are out. If a
17 portion of the sample remains on the rack, the rack shall be
18 removed and the extent of any undamaged belting across the width
19 of the sample shall be measured.
20 (3) A belt shall be judged to have passed the laboratory-
21 scale test if, in three trials, there remains a portion of the
22 1.52 meter long sample that is undamaged across its width,
23 excluding blistering. A belt shall be judged to have failed the
24 test if in any single trial, fire damage extends to the end of
25 the sample.
26 (a.1) An operator who, on the effective date of this
27 subsection, has belts in use or on hand which do not meet the
28 criteria established in subsection (a), may continue to use
29 those belts until they are replaced in the ordinary course of
30 business.
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1 (b) All conveyor entries shall be provided with a minimum
2 width and height of not less than four feet for travel; but in
3 conveyor entries in which track is installed, the minimum amount
4 of clearance width shall not be less than two and one-half feet,
5 which clearance width shall be continuous throughout the entry.
6 [In lieu of maintaining four feet of height in conveyor entries,
7 a minimum height of three feet and a minimum width of four feet
8 may be maintained, provided the operator furnishes a mode of
9 conveyance for men and material other than on the conveyor.] All
10 such travel space and clearance space shall be kept free of all
11 forms of obstruction under foot, and free from electric wires
12 and electric cables. A space of not less than four feet in width
13 shall be provided for travel from the immediate entrance of each
14 working place to the face thereof, which space shall be kept
15 free of all forms of obstruction under foot and free from
16 electric wires and electric cables.
17 (c) At all points where [men] individuals must of necessity
18 cross conveyors, the conveyor at the point where the crossing is
19 made shall be so arranged that [men] individuals can cross
20 safely and conveniently without coming in contact with the
21 conveyor.
22 (d) Conveyors shall be equipped with an automatic control
23 that will stop the driving motor in case of slipping on the
24 drive pulley, and the control shall be tested each operating
25 shift to ascertain that it is in good operating condition.
26 (e) All electric wires or electric cables in completed
27 portions of conveyor entries shall be carried on insulators[,
28 and all electric cables constantly kept in rooms or pillars or
29 other working places shall be carried on suitable supports to
30 within seventy feet of the face of each working place].
20050S0949B1251 - 96 -
1 (f) Control lines shall be installed the full length of the
2 belt [where men are not transported].
3 (g) All conveyor belts must be provided with an early
4 warning fire detection system approved for use at the belt by
5 the department. Point type heat sensors shall not be accepted
6 after the effective date of this subsection.
7 Section 274. Blowtorches and Fuel.--[(a)] Blowtorches may
8 not be used [by competent persons in underground machine shops
9 which are ventilated by a separate split of air provided (1)
10 suitable precautions are taken against ignition of combustible
11 gases, coal dust, or combustible materials, (2) means are
12 provided for prompt extinguishment of fires accidentally
13 started, and (3) fuel is properly controlled. Blowtorches must
14 be maintained at all times in good operating condition and
15 leakproof.
16 (b) Fuel for blowtorches, in quantities not exceeding one
17 day's supply, shall be transported from the surface in proper
18 safety cans, leakproof and sturdy. In transferring fuel to the
19 torch, a funnel or flexible nozzle shall be used to avoid
20 spillage, and neither the supply can nor the torch shall be
21 opened within twenty-five feet of any open light or other device
22 containing or apt to contain fire, arcs, or sparks] in any mine.
23 Section 277. Storage of Oxygen and Gas.--(a) All oxygen and
24 gas tanks or cylinders shall be properly secured and protected
25 against possible damage when stored in and about bituminous coal
26 mines. When oxygen and gas tanks or cylinders are stored in
27 underground shops or surface structures they shall be protected
28 from damage by falling material and secured in an upright
29 position. Not more than one week's supply of oxygen or gas shall
30 be stored in any underground or surface shop. This quantity
20050S0949B1251 - 97 -
1 shall be determined in agreement with the [mine inspector in the
2 district] department.
3 (b) The valves on oxygen and gas tanks or cylinders shall be
4 closed. The hoses shall be removed when not in actual use,
5 except in a properly ventilated and protected underground
6 machine shop or surface structures. Valves on empty tanks or
7 cylinders shall be kept closed.
8 Section 278. Use of Oxygen and Gas.--(a) Oxygen and gas
9 tanks or cylinders and their contents must be used solely for
10 their intended purposes.
11 (b) The person or persons assigned to use and work with
12 oxygen or gas shall be properly trained and skilled in its use
13 and shall be fully conversant with the danger of its misuse. Any
14 persons using oxygen or gas in and about bituminous coal mines
15 shall be provided with goggles or shields and the clothing of
16 such person shall be reasonably free of oil and grease.
17 (c) Only a safe type of spark-lighter shall be used for
18 lighting torches. The use of matches, cigarette lighters,
19 electric arcs or hot metal to light or relight a torch is
20 prohibited.
21 (d) The oxygen or gas hose lines, gauges and the like shall
22 be maintained in a safe operating condition. Defective tanks,
23 cylinders, gauges, hose lines, torches and the like shall be
24 taken out of service upon discovery and shall not be put into
25 use until corrected and made safe.
26 (e) No more than one unit consisting of one gas tank and one
27 oxygen tank shall be permitted in any one working section at one
28 time. When not in use, this unit shall be removed to a point
29 outby the last open crosscut and kept away from power wires and
30 electric equipment.
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1 (f) Neither oxygen nor gas shall be used under direct
2 pressure from tanks or cylinders but must be used under reduced
3 pressure not exceeding pressures recommended by the manufacturer
4 of said oxygen or gas.
5 (g) Oxygen or gas cutting, burning, or welding shall be done
6 in fresh intake air only in working sections. The area where the
7 work is to be done shall be examined by a certified mine
8 official before, during, and after the welding or burning to
9 assure that no fire or other danger exists. In the event the
10 equipment to be repaired cannot be removed from the face area to
11 outby the last open crosscut, the following shall be complied
12 with--
13 (1) Fresh intake air shall be established to a point inby
14 where the cutting or welding is to be performed.
15 (2) An approved [flame safety lamp] gas detection device
16 shall be used by a certified mine official for gas detection
17 during the cutting and welding operation.
18 (3) No persons shall be permitted inby the point in the
19 working section where cutting or welding operations are being
20 performed.
21 (h) When oxygen or gas cutting, burning or welding is being
22 done, a suitable fire extinguisher shall be kept on hand and
23 ready for use. In dry or dusty locations, a water line and tap
24 under pressure or an adequate supply of rock dust shall be
25 available in the area where such work is performed. Neither
26 oxygen nor gas shall be used near oil, grease or fine coal dust
27 unless such oil, grease or fine coal dust is adequately cleaned
28 or made inert by the use of rock dust or the area where such
29 work is to be done is thoroughly wetted.
30 (i) Oxygen or gas cutting, burning or welding shall be done
20050S0949B1251 - 99 -
1 in intake air only. Underground shops, where oxygen gas burning
2 is being done, shall be on a separate split of air.
3 (j) Tests for leaks on hose valves or gauges shall be made
4 only with a soft brush and soapy water or soap suds.
5 (k) An efficient and proper type torch-tip cleaner shall be
6 kept on hand and used to maintain each torch in a safe operating
7 condition. A suitable wrench designed for oxygen and gas tanks
8 shall be in the possession of the person authorized to use the
9 equipment.
10 (l) The practice known as "manifolding cylinders" shall be
11 permitted if the installation is solidly grounded and operation
12 thereof is in accordance with recognized safe procedures.
13 (m) Oxygen and gas tanks or cylinders shall be protected
14 from power lines or energized electrical machinery or equipment
15 and such tanks or cylinders shall be kept away from the place
16 where the cutting is being done in order to prevent damage or
17 accident and to prevent heat from affecting such tanks or
18 cylinders.
19 Section 279. Duties of Persons Subject to this Act; Rules
20 and Regulations of Operators.--It shall be the duty of the
21 operator, superintendent, mine foreman, assistant mine foreman,
22 mine examiners and other officials to comply with and to see
23 that others comply with provisions of this act.
24 It shall be the duty of all employes [and checkweighmen] to
25 comply with this act and to cooperate with management and the
26 department in carrying out the provisions hereof.
27 Reasonable rules and regulations of an operator for the
28 protection of employes and preservation of property that are in
29 harmony with the provisions of this act and other applicable
30 laws shall be complied with.
20050S0949B1251 - 100 -
1 [Section 280. Reclassification from Non-Gassy to Gassy
2 Mine.--The operator of a non-gassy mine which becomes classified
3 as a gassy mine under the provisions of this act, shall
4 immediately comply with all the provisions of this act which
5 pertain to a gassy mine, except as provided for in Article III.,
6 section 329, subsection (c) of this act.]
7 Section 282. Checking Systems.--Each bituminous coal mine
8 shall have a check-in and check-out system that will provide
9 positive identification upon the person of every individual
10 underground. An accurate record of the [men] individuals in the
11 mine, which shall consist of a written record, a check board,
12 [or] a time clock record or another approved method shall be
13 kept on the surface in a place that will not be affected in the
14 event of an emergency. Said record shall bear a number or name
15 identical to the identification check carried by, or fastened to
16 the belt of, all persons going underground.
17 Section 283. No Act Permitted Endangering Security of Mine;
18 Search for Intoxicants, Matches, Etc.--(a) No miner, [workman]
19 worker or other person shall knowingly injure any shaft, lamp,
20 instrument, air course, [or brattice] or other equipment, or
21 obstruct or throw open airways, or carry open lights [in the
22 places worked by safety lights,] or disturb any part of the
23 machinery or appliances, open a door closed for directing
24 ventilation and not close it again, or enter any part of a mine
25 against caution. No [unauthorized] person shall deface, pull
26 down, or destroy any notice boards, mine maps, or record books.
27 (b) Open lights, smoking, and smokers' articles including
28 matches, are prohibited in bituminous coal mines [where electric
29 or safety lamps are used]. No person shall at any time enter
30 such mines with or carry therein any matches, pipes, cigars,
20050S0949B1251 - 101 -
1 cigarettes, or any device for making lights or fire not
2 [authorized or] approved. In all such mines the operator may
3 search, or cause to be searched, any person, including his
4 clothing and material belongings, entering or about to enter the
5 mine, or inside the mine, to prevent such person from taking or
6 carrying therein any of the above-mentioned articles.
7 (c) No person in any stage of intoxication shall enter into
8 or loiter about any mine, neither shall he have in his
9 possession any intoxicants while in or about the mine premises.
10 Section 284. Responsibility for Care and Maintenance of
11 [Face] Equipment.--[Mine operators shall maintain face equipment
12 in safe operating condition.] Equipment operators shall exercise
13 reasonable care in the operation of the equipment entrusted to
14 them, and shall promptly report defects known to them.
15 Section 285. Control of Dust and Other Inhalation Hazards.--
16 [Men] Individuals exposed for short periods to gas, dust, fume,
17 and mist inhalation hazards shall wear approved respiratory
18 equipment. When exposure is for prolonged periods, dust shall be
19 controlled by the use of approved dust collectors, or by water
20 or other approved methods.
21 Section 287. First Aid Equipment.--In every bituminous coal
22 mine where [men] individuals are employed underground, and in
23 every active section thereof, it shall be the duty of the
24 operator or superintendent thereof, to keep always on hand
25 properly constructed stretchers, woolen and waterproof blankets,
26 and all requisites for use in case of emergency. No first aid
27 material shall be removed or diverted, without authorization,
28 except in case of accident in or about the mine. It shall be the
29 duty of the operator or superintendent to have adequate
30 ambulance service available promptly in event of injury to any
20050S0949B1251 - 102 -
1 employe.
2 Section 288. Minimum Fire Protection.--[It shall be the
3 responsibility of the operator or superintendent to provide and
4 maintain minimum fire-fighting equipment. It shall also be the
5 responsibility of the operator or superintendent to have
6 sufficient trained personnel to operate the fire-fighting
7 equipment safely and effectively.
8 (a) For the purposes of this act, fires in and about
9 bituminous coal mines shall be classified as follows:
10 (1) Class A fires shall be all those not included within the
11 definitions of Class B or Class C fires, and shall include those
12 in solid combustible materials, such as coal, wood, rubber,
13 textiles, paper and rubbish.
14 (2) Class B fires shall be those in flammable liquids,
15 including lubricating oils, paint, varnish, grease and lacquer.
16 (3) Class C fires shall be those in live electrical
17 equipment, including oil-filled transformers, generators,
18 motors, switch panels, circuit breakers and insulated electrical
19 conductors.
20 (b) The following schedule of comparative efficiency ratings
21 of hand-type fire-fighting facilities shall be used in
22 determining compliance with the provisions of this act. Except
23 as provided hereinafter, the letter shall indicate the
24 acceptability of the facility according to fire classification,
25 and the number shall indicate the quantity of the facility which
26 shall be required in order to constitute an acceptable fire
27 extinguishing unit for the indicated classification:
28 Facility Size
29 Fire pail (water) 12 quart A-5
30 Pump tank (water) 2-1/2gallons A-1
20050S0949B1251 - 103 -
1 Gas pressure (water) 2-1/2gallons A-1
2 Loaded steam 1 gallon A-2 B-4 C-4
3 Do 1-3/4gallons A-1 B-2 C-2
4 Do 2-1/2gallons A-1 B-1 C-1
5 Soda Acid 1-1/2gallons A-2
6 Do 2-1/2gallons A-1
7 Foam 1-1/2gallons A-2 B-2
8 Do 2-1/2gallons A-1 B-1
9 Liquid carbon dioxide 5 pounds B-2 C-2
10 Do 10 pounds B-2 C-1
11 Do 15 pounds B-1 C-1
12 Dry Chemical 4 pounds B-2 C-2
13 Do 10 pounds B-2 C-1
14 Do 15 pounds B-1 C-1
15 Carbon Tetrachloride 1 quart B-2 C-2
16 Do 2 quarts B-2 C-2
17 Do 1 gallon B-2 C-1
18 Do 2 gallons B-2 C-1
19 Sand Pails 12 quarts B-5
20 Rock Dust 80 pounds A-3 B-3 C-3
21 (c) (1) Fire-fighting facilities which are acceptable for
22 use only in Class A fires shall not be used in Class B or Class
23 C fires.
24 (2) Fire-fighting facilities which are acceptable for use in
25 both Class A and Class B fires shall not be used in Class C
26 fires.
27 (3) Fire-fighting facilities which are acceptable for use
28 only in Class B fires shall not be used in Class C fires but
29 may, in an emergency, be used in Class A fires.
30 (4) Fire-fighting facilities which are acceptable for use in
20050S0949B1251 - 104 -
1 both Class B and Class C fires may, in an emergency, be used in
2 Class A fires.
3 (5) Loaded steam fire-fighting facilities shall not be used
4 in Class C fires when high voltage will be encountered.
5 (6) Carbon tetrachloride fire-fighting facilities shall not
6 be used where dangerous concentration of fumes and gases will
7 pass over workmen, nor shall they be used unless the operator of
8 the facilities is provided with approved respiratory equipment
9 or unless there is available a ready means of escape for the
10 operator.
11 (7) All chemical fire extinguishing facilities purchased
12 after the effective date of this act for use in and about
13 bituminous coal mines must be of a kind approved by the
14 Underwriters' Laboratories, Inc. or by Factory Mutual
15 Laboratories and must bear or carry an appropriate label
16 evidencing such approval. All chemical fire extinguishing units
17 must be examined every six months.
18 (d) Fire extinguishing facilities shall be maintained in
19 good operating condition.
20 (e) At every mine there shall be available for emergency use
21 the following materials: 5 tons of rock dust, 1,000 board feet
22 of brattice boards, 3 rolls of brattice cloth, 2 hand saws, 25
23 pounds 8 nails, 25 pounds 10 nails, 25 bags of wood fiber
24 plaster or 10 bags of cement.
25 (f) The following requirements shall apply to mines where
26 the underground production is in excess of three hundred tons
27 per shift. In all other mines, fire protection standards shall
28 be specified by the mine inspector in the district:
29 (1) Two Class C fire extinguishing units and two hundred
30 forty pounds of rock dust or dry sand shall be located within
20050S0949B1251 - 105 -
1 six hundred feet of any point when any mining machine, loading
2 machine, or other self-propelled electrical equipment, except a
3 locomotive, is being operated, unless there is carried on each
4 such machine or item of equipment one Class C fire extinguishing
5 unit.
6 (2) Whenever practicable one Class C chemical fire
7 extinguishing unit shall be provided on each locomotive.
8 (3) One Class C fire extinguishing unit or two hundred forty
9 pounds of rock dust or dry sand, or one barrel of water and
10 three pails, shall be provided at each belt drive and tailpiece
11 and at intervals of three hundred feet along the belt, unless
12 such belt line is protected by a pipeline paralleling the belt,
13 containing water under pressure, and with outlet valves and
14 sufficient hose so that water will reach any point along the
15 belt line. For the purpose of determining compliance with this
16 provision, the joints of an articulator belt system shall not be
17 considered drives or tailpieces.
18 (4) One Class C fire extinguishing unit and two hundred
19 forty pounds of rock dust or dry sand shall be provided at each
20 electrical installation, including permanent pumping stations,
21 battery charging stations and substations, and in shops.
22 (5) Two Class B fire extinguishing units and two hundred
23 forty pounds of rock dust or dry sand shall be provided at each
24 underground oil storage station. At least two hundred forty
25 pounds of rock dust or dry sand shall be provided at each
26 working section where twenty-five or more gallons of oil are
27 stored.
28 (6) Unless water lines, equipped with outlet valves at
29 intervals of not more than five hundred feet and capable of
30 delivering fifty gallons of water per minute at a nozzle
20050S0949B1251 - 106 -
1 pressure of fifty pounds per square inch, are installed along
2 main and secondary haulage roads and extend to the working
3 sections, and unless one thousand feet of fire hose with
4 fittings suitable for connection with such water lines are
5 available, two water tank cars, each having a capacity of at
6 least one thousand gallons and equipped with a high pressure
7 pump and not less than three hundred feet of fire hose with
8 nozzles, or two portable chemical cars containing or carrying
9 equivalent protection, shall be provided: Provided, That a high
10 pressure rock dusting machine fitted with at least two hundred
11 fifty feet of hose, with at least sixty, eighty pound sacks of
12 rock dust in good condition near it at all times, may be
13 substituted for one water tank car or chemical car. These
14 facilities shall be stationed at strategic locations and ready
15 for use at all times. Where two or more adjacent mines are
16 connected by track one of the two water tanks or chemical cars
17 required for each mine may be a common unit.
18 (7) One Class C extinguishing unit or two hundred forty
19 pounds of rock dust or dry sand shall be provided at each wooden
20 door through which power lines pass.
21 (8) Unless water is piped to the faces of working places at
22 such a pressure and volume that a hose will deliver at least
23 fifty gallons of water a minute at a nozzle pressure of fifty
24 pounds per square inch, one Class A fire extinguishing unit or
25 two hundred forty pounds of rock dust or dry sand, or a barrel
26 of water and three pails, shall be provided within six hundred
27 feet of each working face. One such fire prevention unit may
28 serve for more than one working face provided it is within the
29 six hundred foot limit.
30 (g) Fire control standards which are substantially equal to,
20050S0949B1251 - 107 -
1 or superior to, although not the same as the standards set forth
2 in this act shall be considered in compliance.] All operators
3 shall comply with the requirements for fire protection in 30 CFR
4 §§ 75.1100 (relating to requirements) through 75.1101-22
5 (relating to inspection of dry powder chemical systems).
6 [Section 289. Stables in Mines.--It shall be unlawful to
7 provide a stable inside of any bituminous coal mine.]
8 Section 290. Mine Openings or Outlets; Roadways, Hoisting
9 Equipment at Shaft Outlets; Sinking of Shafts; Limitation of
10 Section.--(a) It shall be unlawful for the operator,
11 superintendent or mine foreman of any mine to employ any person
12 to work therein, unless there are at least two openings or
13 outlets to the surface from every seam of coal actually being
14 worked, and available from every entry thereof, which openings
15 or outlets shall have distinct means of ingress and egress
16 available at all times for the use of the employes. The distance
17 between two shafts shall not be less than two hundred feet, and
18 the distance between the openings to the surface of slopes shall
19 not be less than one hundred fifty feet, and the distance
20 between drifts shall not be less than fifty feet: Provided, That
21 the distance between said openings shall apply only to mines
22 opened after the passage of this act: And provided further, That
23 the distances specified may be less with the written consent of
24 the [mine inspector in the district] department. The passageways
25 between said two shafts shall at all times be maintained in safe
26 and available condition for the employes to travel therein, and
27 the pillars in entries between said shafts shall not be removed
28 without the consent of the [mine inspector in the district]
29 department, in writing, to the superintendent.
30 (b) The foregoing requirements shall not apply to the
20050S0949B1251 - 108 -
1 openings of a new mine, or to the openings of a new entry of a
2 mine, that is being worked for the purpose of making connection
3 between said two outlets, as long as not more than twenty
4 persons are employed at any one time in making the connection or
5 driving the second opening; nor shall said requirements apply to
6 any mine in which the second opening has been rendered
7 unavailable, by reason of the final robbing or removing of
8 pillars, as long as not more than twenty persons are employed
9 therein at any one time.
10 (c) Safe means of egress shall be available at all times for
11 the persons employed in any mine that has no second outlet
12 available.
13 (d) Every [gassy] mine shall have at least [four main
14 entries, two of which shall lead from the main opening and two
15 from the second opening into the body of the mine: Provided,
16 That every new gassy mine, projected to open up a large acreage
17 with main entries five thousand feet or more in length shall
18 have at least] five main entries, two of which shall lead from
19 the main opening and two from the second opening into the body
20 of the mine and the fifth which may be connected with an opening
21 to the surface or with the intake airway at or near the main
22 intake opening shall be used exclusively at a travelingway for
23 the employes.
24 [(e) Every non-gassy mine shall have at least two main
25 entries, one of which shall lead from the main opening and one
26 from the second opening into the body of the mine: Provided,
27 That in every new non-gassy mine projected to open up a large
28 acreage with main entries five thousand feet or more in length,
29 the operator shall either haul the employes into and out of the
30 mine at the beginning and end of each shift, or provide at least
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1 three main entries, one of which shall lead from the main
2 opening and one from the second opening into the body of the
3 mine, and one, which may be connected with an opening to the
4 surface or with the intake airway at or near the main intake
5 opening, shall be used exclusively as a travelingway for the
6 employes.
7 (f) Should any mine opened as a non-gassy mine become a
8 gassy mine, and having less than five main entries that have
9 reached five thousand feet or more in length, and are to be
10 extended two thousand feet or more, the superintendent shall
11 have a new opening of ample dimensions made from the surface, if
12 the mine inspector in the district deems such additional opening
13 necessary for the proper ventilation of the mine or the safety
14 of the miners. The main entries and the travelingway shall be
15 extended from this opening to the face of the workings:
16 Provided, however, That should the mine inspector in the
17 district be of the opinion that any mine is in need of an
18 additional opening from the surface into the interior of the
19 mine for the proper ventilation thereof or the safety of those
20 employed therein, regardless of the number or length of main
21 openings of the mine, he shall so notify the secretary, who may
22 require the making of an additional opening.]
23 (g) The intake and return entries shall be kept reasonably
24 drained and reasonably free from refuse and obstructions of all
25 kinds, so that persons may safely travel therein throughout
26 their whole length, and have a safe means of egress from
27 workings in case of emergency. Said entries shall be separated
28 by pillars of coal of sufficient strength.
29 When the [main entry of a non-gassy mine or both] main
30 entries of a gassy mine, used for intake air are also used for
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1 mechanical haulage, a separate travelingway leading into the
2 body of the mine shall be provided for the use of the employes
3 in going to and from their work, or the employes shall be hauled
4 into and out of the mine at the beginning and end of each shift.
5 In all mines where the coal seam is less than three and one-half
6 feet in height, such travelingway shall be at least four and
7 one-half feet in height; in all mines where the coal seam is
8 four feet in height, such travelingway shall be at least five
9 feet in height; and the width shall not be less than six feet.
10 All such travelingways shall be reasonably drained, kept
11 reasonably free from refuse of all kinds, and free from smoke,
12 noxious gases, and electric wires, unless said wires are so
13 placed and protected as not to endanger life, and are kept in
14 safe condition.
15 (h) In every slope with workings on both sides, an overpass
16 or an underpass not less than five feet wide and five feet high
17 shall be provided as a passageway for the use of employes to
18 cross from one side of the slope to the other. Said overpass or
19 underpass shall connect with available passageways leading to
20 the workings on both sides of said slope. The intervening strata
21 between the slope and the overpass or underpass shall be of
22 sufficient strength at all points to insure safety to the
23 employes: Provided, however, That if it is impracticable to
24 drive an overpass or an underpass in the solid, and overpass or
25 an underpass, if substantially built with masonry or other
26 incombustible material, will be deemed sufficient.
27 (i) If the opening or outlet other than the main opening is
28 a shaft not more than one hundred feet in depth, and is used by
29 employes for the purpose of ingress to or egress from the mine,
30 it shall be kept available and in safe condition, free from
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1 steam, dangerous gases and all obstruction; and shall be fitted
2 with safe and convenient stairways, with steps of an average
3 tread of ten inches and a rise of nine inches, not less than two
4 feet in width and not to exceed an angle of forty-five degrees,
5 with landings not less than twenty-four inches in width and four
6 feet in length, at easy and convenient distances. These
7 stairways shall be made safe by having hand rails of suitable
8 material placed on one side, or on both sides when requested by
9 the [mine inspector in the district] department, and shall be
10 inspected every twenty-four hours by a competent person employed
11 for that purpose. Water that may come from the surface or from
12 the strata in the shaft shall be conducted away so it will not
13 fall on the stairways or on persons while descending or
14 ascending them.
15 (j) When a mine is operated by a shaft more than one hundred
16 feet in depth, the persons employed therein shall be lowered and
17 hoisted by means of machinery, unless the second opening is a
18 drift or a slope. When the employes are lowered into or hoisted
19 from the mine at the main shaft opening, the second opening, if
20 a shaft, shall be supplied with a stairway, constructed in the
21 manner hereinbefore designated in this act, or with suitable
22 machinery for safely lowering and hoisting persons in case of an
23 emergency.
24 (k) At any mine where one of the openings hereinbefore
25 required is a slope, and is used as a means of ingress and
26 egress by the employes, and where the angle of descent of said
27 slope exceeds fifteen degrees, and its length from the mouth of
28 the opening exceeds one thousand feet, the employes shall be
29 lowered into and hoisted from the mine, at the beginning and end
30 of each shift, at a speed not to exceed six miles per hour; and
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1 at every such mine where the angle of descent of said slope
2 averages from five to fifteen degrees, and where its length
3 exceeds three thousand feet, the employes shall be lowered into
4 and hoisted from the mine, at the beginning and end of each
5 shift, at a speed not to exceed six miles per hour: Provided,
6 however, That when a separate travelingway is provided at any
7 such slope, the owner or operator may, at his, their, or its
8 option, be exempt from the requirements of this section, if the
9 angle of said travelingway does not exceed twenty degrees.
10 [(l) (1) The operator, superintendent, or contractor shall
11 erect over every shaft that is being sunk, or shall hereafter be
12 sunk, a safe and substantial structure to sustain sheaves or
13 pulleys, ropes and loads, at a height of not less than twenty
14 feet above the tipping place, and the top of such shaft and
15 landing platform shall be arranged in such a manner that no
16 material can fall into the shaft while the bucket is being
17 emptied. The said structure shall be erected as soon as
18 substantial foundation is obtained. The requirements listed
19 herein may be waived by the department in proper cases.
20 (2) If provisions are made to land the bucket on a truck,
21 the said truck and platform shall be so constructed that
22 material cannot fall into the shaft.
23 (3) Men or materials shall not be raised or lowered in
24 shafts that are being sunk, except in a bucket or on a cage, and
25 said bucket or cage must be connected with the rope by a safety
26 hook, clevis or other safe attachment. The rope shall be
27 fastened to the side of the drum, and not less than three coils
28 of rope shall always remain on the drum.
29 (4) It shall be the duty of the person in charge of shaft
30 sinking for the contractor or operator or superintendent to see
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1 that the sides of all shafts are properly secured for safety,
2 and that no loose rock or material is allowed to remain on any
3 timber on top, or on any timber in the shaft after each blast.
4 The person in charge shall see that the shaft is examined for
5 explosive gas and other dangers before each shift, and before
6 the men descend after each blast, and also that the place is
7 safe. In sinking shafts all blasts must be exploded by electric
8 battery or by an ungrounded source of electrical energy.
9 Provisions must also be made for the proper ventilation of
10 shafts while being sunk, and in all sinking shafts and in all
11 shafts that are being repaired, safety belts shall be provided
12 by the operator or contractor and used by all persons working
13 above the floor of the shaft, unless a substantial scaffold is
14 erected that effectively closes the shaft opening immediately
15 below the point where work is being done.
16 (5) An efficient brake shall be attached to every drum of an
17 engine used for sinking shafts, and all machinery, ropes, and
18 chains connected therewith shall be examined once every twelve
19 hours.
20 (6) Not more than four persons shall be lowered or hoisted
21 in a bucket in any shaft at one time, and no person shall ride
22 on a loaded bucket.]
23 Section 291. Mining Close to Abandoned Workings.--The
24 superintendent shall not permit the mining of coal within fifty
25 feet of an abandoned mine or any abandoned portion of any mine
26 containing a dangerous accumulation of water, until said danger
27 has been removed by driving a passageway to tap and drain off
28 said water, as provided in this act. The superintendent shall
29 not permit the mining of coal in any seam the entire distance to
30 a [property] permit boundary [line], not including boundaries
20050S0949B1251 - 114 -
1 around reservations or along crop lines, when, on the adjoining
2 property there are mine workings in said seam within three
3 thousand feet of said permit boundary [line], but shall leave a
4 barrier pillar, from the operation to the [property] permit
5 boundary [line], of not less than ten feet plus two feet for
6 every foot or part of a foot of thickness of the bed measured
7 from the roof to the floor, plus five feet for each one hundred
8 feet or part of one hundred feet of cover over the bed at the
9 permit boundary [line]; and, where the coal on one side of the
10 [property] permit boundary [line] shall have been mined prior to
11 the effective date of this act closer to the [property] permit
12 boundary [line] than hereinbefore permitted, then the barrier
13 pillar to be left in the mine approaching the permit boundary
14 [line] shall be at least equal, when added to that already left
15 in the adjoining mine, to that hereinbefore required on both
16 sides of said [property] permit boundary [line]: Provided, That
17 if, in the opinion of the [mine inspector in the district]
18 department or the superintendent of either mining property, the
19 barrier pillar, as hereinbefore required, is deemed
20 insufficient, then after due notice to the operator or operators
21 of the mining property adjoining a barrier pillar of unmined
22 coal, one-half of which shall be on each side of the [property]
23 permit boundary [line], except as provided above in this
24 section, shall be left, of such thickness as in the judgment of
25 the [mine inspector in the district] department and of the
26 superintendent or owner of either mining property is deemed
27 necessary to afford safety and protection: And provided further,
28 That if it shall be agreed by the [mine inspector in the
29 district] department and superintendents of such adjoining coal
30 mining properties that such [property] permit boundary [line] is
20050S0949B1251 - 115 -
1 so located that there is no danger to property or lives in
2 mining coal in either or both sides of the [property] permit
3 boundary [line] up to said [property] permit boundary [line],
4 then in such cases mining to the [property] permit boundary
5 [line] shall be lawful, if all danger from accumulated water and
6 gas shall have first been removed by driving a passageway to tap
7 and drain off any accumulations of water and gas, as provided
8 for in this act. [If any of the parties in interest fails to
9 agree on the carrying out of any of the provisions of this
10 section, any one of said parties may appeal to the secretary who
11 shall determine the matter.]
12 Section 293. Approved Lighting Devices in [Gassy] Mines.--
13 (a) It shall be unlawful to use open lights in [gassy] mines
14 and only approved electric cap lamps, approved flash lights,
15 approved safety lamps and other approved lighting equipment
16 shall be used in such [gassy] mines.
17 (b) All approved [safety lamps] gas detection devices used
18 for examining mines shall be in the care of the mine foreman or
19 some other competent person or persons appointed by the mine
20 foreman, whose duty it shall be to [clean, fill, trim,] examine,
21 [light,] test and deliver them [locked and] in a safe condition
22 to the [men] individuals when entering the mine, and to receive
23 the [lamps] gas detection devices from the [men] individuals
24 when returning from work.
25 (c) At [any] every mine [wherein explosive gas has been
26 liberated before or after the passage of this act in sufficient
27 quantities to be detected by an approved safety lamp], a
28 sufficient number of approved [safety lamps] gas detection
29 devices shall be kept in good condition for use in case of
30 emergency.
20050S0949B1251 - 116 -
1 (d) No approved [safety lamp] gas detection devices shall be
2 entrusted to any person for use in a mine until said person has
3 given satisfactory evidence to the mine foreman that he
4 understands the proper use thereof and the danger of tampering
5 with the same.
6 (e) It shall be the duty of every person who knows that his
7 approved [lamp is injured or] gas detection device is defective
8 to return it immediately to a certified official.
9 [(f) Persons whose regular duties require them to inspect
10 working places in a non-gassy mine for dangers shall have in
11 their possession, and shall use, when underground, an approved
12 safety lamp.]
13 Section 294. Unauthorized Entering of Mine a Misdemeanor.--
14 Any person who enters a mine without authorization from the
15 superintendent thereof shall be guilty of a misdemeanor [and
16 upon conviction thereof shall be sentenced to pay a fine not
17 exceeding five hundred dollars ($500) or to undergo imprisonment
18 not to exceed one year, or both: Provided, however, That this]
19 of the second degree. This section shall not be applicable to
20 any person who enters a mine in the performance of any duty
21 imposed upon him by this act.
22 Section 296. Miners to Remain in [Working Places] Work
23 Areas.--Each miner shall remain during working hours in the
24 [working place] work area assigned [to him] by the mine foreman
25 or the assistant mine foreman, and shall not leave his [working
26 place for another working place] work area without the
27 permission of the mine foreman, assistant mine foreman or mine
28 examiner, and [he] shall not wander about the hauling roads or
29 enter abandoned or idle workings.
30 Section 297. Openings Abandoned After the Effective Date of
20050S0949B1251 - 117 -
1 this Act.--(a) Every shaft permanently abandoned [after the
2 effective date of this act] shall be filled for its entire
3 depth. The fill from the bottom of the coal seam to a height of
4 fifty feet shall be incombustible material.
5 (b) Every slope, drift, or tunnel permanently abandoned
6 [after the effective date of this act,] shall be filled for a
7 distance of twenty-five feet with incombustible material.
8 (c) All drillholes and boreholes, permanently abandoned
9 after the effective date of this act, shall be effectively
10 plugged or sealed.
11 (d) Every shaft, slope, drift, or tunnel, temporarily
12 abandoned [after the effective date of this act], which may be
13 used for future mining purposes, shall be properly sealed or
14 fenced.
15 [Section 298. Opening for Drainage on Other Lands.--(a) If
16 any person, firm or corporation is or shall hereafter be seized
17 in his or their own right of coal lands, or shall hold such
18 lands under lease, and shall have opened or shall desire to open
19 a coal mine on said land, and it shall not be practicable to
20 drain or ventilate such mines or to comply with the requirements
21 of this act as to ways of ingress and egress or travelingways,
22 by means of openings on lands owned or held under lease by him,
23 them, or it, and the same can be done by means of openings on
24 adjacent lands, he, they or it may apply by petition to the
25 court of quarter sessions of the proper county, after ten days'
26 notice to the owner or owners, their agents or attorneys setting
27 forth the facts under oath or affirmation, particularly
28 describing the place or places where such opening or openings
29 can be made, and the pillars of coal or other material necessary
30 for the support of such passageway and the right of way
20050S0949B1251 - 118 -
1 necessary to any public road as may be needed in connection with
2 such opening, and that he or they cannot agree with the owner or
3 owners of the land as to the amount to be paid for the privilege
4 of making such opening or openings; whereupon the said court
5 shall appoint three disinterested and competent citizens of the
6 county, to view the ground designated and lay out, from the
7 point or points mentioned in such petition, a passage or
8 passages not more than eighty feet in area, by either drift,
9 shaft, or slope, or by a combination of any of said methods, by
10 any practicable and convenient route, to the coal of such
11 person, firm or corporation, preferring in all cases an opening
12 through the coal strata where the same is practicable. The said
13 viewers shall at the same time assess the damages to be paid by
14 the petitioner or petitioners to the owner or owners of such
15 lands, for the coal or other valuable material necessary to
16 support the said passage, as well as for a right of way not
17 exceeding fifteen feet in width, from any such opening to any
18 public road, to enable persons to gain entrance to the mine
19 through such opening, or to provide therefrom upon the surface a
20 watercourse of suitable dimensions to a natural water stream, to
21 enable the operator to discharge the water from said mine, if
22 such right of way shall be desired by the petition or
23 petitioners, which damages shall be fully paid before such
24 opening is made. The proceedings shall be recorded in the road
25 docket of the proper county, and the pay of the viewers shall be
26 the same as in road cases. If exceptions be filed, they shall be
27 disposed of by the court as speedily as possible, and both
28 parties shall have the right to take depositions as in road
29 cases. If, however, the petitioner desires to make such openings
30 or roads or waterways before the final disposition of such
20050S0949B1251 - 119 -
1 exceptions, he shall have the right to do so by giving bond, to
2 be approved by the court, securing the damages as provided by
3 law in the case of lateral railroads.
4 (b) It shall be compulsory upon the part of the mine owner
5 or operator to exercise the powers granted by the provisions of
6 the last preceding subsection, for the procuring of a right of
7 way on the surface from the opening of a coal mine to a public
8 road or public roads, upon the request in writing of fifty
9 miners employed in the mine or mines of such owner or operator:
10 Provided, however, That with such request satisfactory security
11 be deposited with the mine owner or operator by said
12 petitioners, said petitioners being coal miners, to fully and
13 sufficiently pay all costs, damages, and expenses caused by such
14 proceedings and in paying for such right of way.
15 (c) In any mine or mines, or portions thereof, wherein water
16 may have been allowed to accumulate in large and dangerous
17 quantities, putting in danger the adjoining or adjacent mines
18 and the lives of the miners working therein, and when such can
19 be tapped and set free and flow by its own gravity to any point
20 of drainage, it shall be lawful for any operator or person
21 having mines so endangered, with the approval of the mine
22 inspector in the district, to proceed to remove the said danger
23 by driving a drift, or drifts, protected by boreholes, as
24 provided for by this act, and in removing said danger it shall
25 be lawful to drive across property lines if needful.
26 It shall also be unlawful for any person to dam, or in any
27 way obstruct, the flow of any stream from said mine or portions
28 thereof, when so set free, on any part of its passage to point
29 of drainage.
30 (d) From and after the passage of this act, it shall be
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1 lawful for any person or persons, company or companies, now or
2 hereafter to be incorporated in this Commonwealth, to drive
3 headings and construct entryways, tramways, and mine tracks,
4 with one or more tracks, under the surface, partly under and
5 partly over the surface, through or over any intervening lands,
6 not exceeding one mile in length, to or from any coal, and
7 connect the same with any entryways, headings, tramways, or
8 railroads, belonging to any individual or individuals, company
9 or companies, now or hereafter to be incorporated in this
10 Commonwealth, and also with any highway or public improvement:
11 Provided, That the parties interested shall be subject to the
12 same proceedings required in subsection (a) of this section: And
13 provided, further, That no such entryway, heading, tramway, mine
14 track, or railroad, shall be constructed through or over such
15 intervening lands where the same would injure or interfere with
16 the existing mining operations of any other person or company,
17 or where the same would endanger the safety of the employes
18 therein.]
19 Section 299. Ladders in [and about] Mines.--Permanently
20 installed ladders in [and about bituminous coal] mines that are
21 more than ten feet in length and that are set on an angle of
22 sixty degrees or more with the horizontal, shall be provided
23 with substantial backguards and all ladders shall be maintained
24 in good repair. [Backguards need not be provided on the river
25 side of river cells.]
26 Section 299.3. Tipple and Cleaning Plant.--(a) In dusty
27 locations, electric motors, switches and controls shall be of
28 dust-tight construction, or enclosed with reasonably dust-tight
29 housings or enclosures. [Open-type motors, switches or controls
30 in use at the effective date of this act in tipples and cleaning
20050S0949B1251 - 121 -
1 plants in dusty locations may be continued in use until such
2 dust-tight equipment can be procured, or until they can be
3 provided with reasonably dust-tight housings or enclosures.]
4 (b) Structures shall be kept free of excessive coal dust
5 accumulations.
6 (c) Where coal is dumped at or near air intake openings,
7 reasonable provisions shall be made to prevent dust from
8 entering the mine.
9 (d) Where repairs are being made to the plant, proper
10 scaffolding and proper overhead protection shall be provided for
11 workmen wherever necessary.
12 (e) Welding shall not be done in dusty atmospheres and dusty
13 locations shall be well cleaned, and fire-fighting apparatus
14 shall be available at the location during welding.
15 (f) Stairways, elevated platforms and runways shall be
16 equipped with handrails, and, when required to be used at night,
17 shall be illuminated. Railroad car trimmer platforms are
18 excepted from such handrail requirement. Elevated platforms, and
19 floor openings, shall be provided with toe-boards, and they
20 shall be kept clear of refuse and ice and maintained in good
21 repair.
22 Section 299.7. Washhouses.--[When the clothing or wearing
23 apparel of the employes in any bituminous coal mine becomes wet,
24 by reason of working in wet places therein, it] It shall be the
25 duty of the operator or superintendent of [said] every mine[, at
26 the request in writing of the mine inspector in the district,
27 who shall make such request upon the petition of any ten
28 employes working in the aforesaid wet places,] to provide a
29 suitable building, convenient to the principal entrance of such
30 mine, for the use of the persons employed [in wet places
20050S0949B1251 - 122 -
1 therein] at the mine, for the purpose of washing [themselves]
2 and changing [their] clothes [when entering the mine and
3 returning therefrom]. The said buildings shall be maintained in
4 good order and be properly lighted and heated, and shall be
5 provided with hot and cold running water and facilities for such
6 persons to wash[, and the] and include adequate sanitary
7 facilities. The cost of providing and maintaining such
8 conveniences and facilities shall be defrayed by the owner or
9 operator of said mine. [Any operator, superintendent, or mine
10 inspector who shall neglect or fail to comply with the
11 provisions of this section, or any person who shall maliciously
12 injure or destroy, or cause to be injured or destroyed, the said
13 building, or any part thereof, or any of the appliances or
14 fittings used therein, or do any act tending to the injury or
15 destruction thereof, shall be deemed guilty of a misdemeanor. At
16 any bituminous coal mine opened after the passage of this act at
17 which twenty-five or more persons are employed a washhouse as
18 hereinbefore described is to be provided.]
19 Section 18. Article II-A of the act is repealed.
20 Section 19. Section 301 of the act is amended to read:
21 Section 301. Duties of Mine Foreman and Superintendent.--It
22 shall be the duty of the mine foreman and superintendent to see
23 that the requirements of this article for the installation and
24 maintenance of electrical equipment are observed in [all] and
25 around coal mines.
26 Section 20. Section 302(5), (6), (7), (8) and (23) of the
27 act are amended and the section is amended by adding a clause to
28 read:
29 Section 302. Definitions.--As used in this article, the
30 following words and terms shall have these meanings:
20050S0949B1251 - 123 -
1 * * *
2 (1.1) "Voltage"--The phase-to-phase or line-to-line root-
3 mean-square value assigned to a circuit or system for
4 designation at its voltage class. Actual voltage at which the
5 circuit or system operated may vary from the normal voltage with
6 a range which permits satisfactory operation of the equipment.
7 The difference of electrical pressure or electromotive force
8 existing between any two points of an electrical system, or
9 between any point of a system and earth, as determined by a volt
10 meter or other instrument. The terms "potential" and "voltage"
11 are synonymous and mean electrical power.
12 * * *
13 (5) "Low voltage [supply]"--[Where the conditions of the
14 supply of electricity are such that the difference of potential
15 between any two points in the circuit cannot exceed] Voltage up
16 to three hundred volts nominal.
17 (6) "Medium voltage [supply]"--[Where the conditions of the
18 supply of electricity are such that the difference of potential
19 between any two points in the circuit may at any time exceed
20 three hundred volts, but cannot exceed six hundred and fifty
21 volts] Voltage from three hundred one to one thousand volts
22 nominal.
23 (7) "High voltage [supply]"--[Where the conditions of the
24 supply of electricity are such that the difference of potential
25 between any two points in the circuit may at any time exceed six
26 hundred and fifty volts] Voltage higher than one thousand volts
27 nominal.
28 (8) "Approved"--Approved means in strict compliance with
29 this act or, in the absence of specific mention, approved by the
30 [secretary] department.
20050S0949B1251 - 124 -
1 * * *
2 (23) "Machine operator"--A [qualified] certified person who
3 is placed in charge of a portable or mobile face machine of any
4 sort.
5 * * *
6 Section 21. Section 304 of the act, amended February 11,
7 1970 (P.L.10, No.8), is amended to read:
8 Section 304. Protection against Shock.--(a) All electrical
9 equipment shall be de-energized, locked out and suitably tagged
10 before work is done on it.
11 (b) Mats of rubber, insulated platform or other suitable
12 insulating materials shall be provided at all stationary
13 transformers, rectifiers, motors, generators and their controls,
14 except portable and mobile equipment. Gloves or mats of rubber
15 or other suitable insulating material shall be provided by the
16 operator and used by qualified persons [so engaged when repairs
17 are made to the energized parts of any electrical apparatus, or]
18 when [the] energized parts of electrical apparatus have to be
19 handled for the purpose of adjustment.
20 Section 22. Sections 306 and 308 of the act are amended to
21 read:
22 Section 306. Report of Defective Equipment.--In the event of
23 a breakdown or damage or injury to any portion of the electrical
24 equipment in a mine, or overheating, or the appearance of sparks
25 or arcs outside of enclosed casings, or in the event of any
26 portion of the equipment, not a part of the electrical circuit,
27 becoming energized, the equipment shall be disconnected from its
28 source of power, the occurrence shall be promptly reported to a
29 mine official, and the equipment shall not be used again until
30 necessary repairs are made. No electrical work shall be
20050S0949B1251 - 125 -
1 performed on low, medium or high-voltage circuits or electrical
2 equipment, except by an MSHA-qualified person, or by a person
3 trained to perform electrical work, working under the direct
4 supervision and in the physical presence of a qualified person.
5 Disconnecting devices shall be locked out and suitably tagged by
6 the person who performs such work. When more than one person is
7 performing work, each person must install an individual lock and
8 tag. Each lock and tag may be removed only by the person who
9 installed it, or if that person is unavailable, by a mine
10 official. If a lock and tag are removed by a mine official, that
11 mine official must personally notify the person who placed the
12 lock and tag before that person returns to work. If a person who
13 has placed a lock and tag leaves work before the repair is
14 completed and the lock and tag removed, that person shall,
15 before resuming work on that equipment, return to the place
16 where the lock and tag were placed to confirm that they are
17 still present.
18 Section 308. Capacity.--(a) All electrical apparatus and
19 conductors shall be sufficient in size and power for the work
20 they may be called upon to do, and as hereinafter prescribed,
21 efficiently covered or safeguarded, and so installed, operated,
22 and maintained as to reduce danger from accidental shock or fire
23 to the minimum, and shall be of such construction, and so
24 operated, that the rise in temperature caused by ordinary
25 operation will not injure the insulating materials. Where these
26 conditions are not met, affected equipment shall be removed from
27 service until corrective action is taken.
28 (b) An electric conductor is not of sufficient size if it is
29 smaller than is provided for in the most recent version of the
30 National Electric Code.
20050S0949B1251 - 126 -
1 Section 23. Section 313 of the act, amended February 11,
2 1970 (P.L.10, No.8), is amended to read:
3 Section 313. Underground Power Supply.--(a) Ground
4 Detectors. All underground systems of distribution that are
5 completely insulated from earth shall be equipped with properly
6 installed ground detectors of suitable design, which will trip
7 the nearest feeding circuit breaker when a ground fault is
8 detected. The ground detectors shall be maintained in working
9 condition. [The condition of such system as indicated by the
10 ground detector shall be noted each day by the person in charge
11 of the underground electrical system, or by another competent
12 person, who shall immediately report to the mine foreman the
13 occurrence of a ground.]
14 (b) Protection of Circuits Leading Underground. (1) In every
15 completely insulated feeder circuit in excess of twenty-five
16 kilowatts capacity, leading underground and operating at a
17 potential not exceeding the limits of medium voltage, there
18 shall be provided above ground a circuit breaker arranged to
19 open simultaneously each ungrounded conductor. In addition, a
20 positive disconnect means shall be installed outby the circuit
21 breaker. Overload protection shall be provided to open the
22 circuit breaker in case of overload on any conductor. Fuses may
23 be substituted for circuit breakers in circuits transmitting
24 twenty-five kilowatts or less. Each power circuit in excess of
25 fifty kilowatts leading underground shall be provided with a
26 suitable ammeter.
27 (2) Every alternating current feeder circuit leading
28 underground and operating at a potential exceeding the limits of
29 medium voltage shall be provided above ground with a suitable
30 circuit breaker, such breaker to be equipped with automatic
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1 overload trip, arranged to open simultaneously each ungrounded
2 power-carrying conductor. Each such circuit shall also be
3 provided with a suitable ammeter.
4 (c) Cables in Shafts, Slopes, and Boreholes. (1) All cables
5 passing underground through inclines, boreholes and shafts shall
6 be installed in a manner that will prevent undue strain in
7 sheath, insulation or conductors and damage by chafing of cables
8 against each other or against the borehole casing or shaft. All
9 ungrounded power conductors in shafts, boreholes and inclines
10 shall be covered with suitable insulating materials and
11 installed to provide a minimum tensile factor of safety of five.
12 Conductors shall be securely fastened and properly supported out
13 of contact with combustible materials. When the weight, length
14 and construction of a cable are such that suspension from its
15 upper end only would subject the cable to possible damage, it
16 shall be supported at intervals necessary to prevent undue
17 strains in the sheath, insulation, and conductors, and to
18 provide a minimum tensile factor of safety of five. Adequate
19 protection shall be provided so that no damage can result from
20 water, electrolysis, moving cages, skips, ice, coal or other
21 falling or moving materials.
22 (2) Installation of direct-current and alternating-current
23 cables carrying in excess of twenty-five kilowatts in the same
24 borehole shall require approval of the [secretary] department.
25 (d) High Voltage Underground Transmission Systems.
26 (1) High voltage conductors or cables leading underground
27 and extending underground shall be of the flame resistant type
28 with either a rubber, plastic, or armor sheath meeting the
29 requirements of the department for flame resistance. When such
30 cable is fed by high voltage systems other than that described
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1 in Article III., sub-article F, Alternating Current
2 Installations, of this act, it shall be either metallic armored,
3 installed in rigid steel conduit, or buried one foot below
4 combustible material. When circuit and protective requirements
5 are met, the cable construction and method of installation may
6 be that described in Article III., sub-article F. Cables shall
7 be adequate for the intended current and voltage. Splices made
8 in cable shall provide continuity of all components and shall be
9 made in accordance with cable manufacturers' recommendations.
10 The making of such splices shall be supervised by a competent
11 person designated by the mine electrician.
12 (e) Braid Covered Cable. (1) No power wires or cables
13 having what is commonly termed as weatherproof insulation or
14 insulation consisting of braided covering, which is susceptible
15 to moisture absorption from the outer surface to the conductor
16 shall be installed in any mine.
17 (2) All insulated power cables purchased for use in any mine
18 after the effective date of this act shall be protected by a
19 flame-resistant jacket and assigned a "P" number unless either
20 armored or installed in rigid steel conduit, a metal enclosure,
21 or a fireproof room.
22 (f) Ventilation. (1) [In any gassy mine, bare] Bare power
23 conductors shall not be installed in any air current that has
24 passed through or by the first working place in the air split.
25 (2) [In all mines, high] High voltage transmission cable,
26 high voltage motors and high voltage transformers shall not be
27 installed in any air current that has passed through or by the
28 first working place in the air split.
29 (g) [Cables.] Underground Cables in Haulage Roads. (1)
30 Where the cables or feed wires other than trolley wires, in main
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1 haulage roads, cannot be kept at least twelve inches from any
2 part of the mine car or locomotive, they shall be specially
3 protected by proper guards.
4 (2) Cables and wires, except trailing or portable cables or
5 bare return cables shall be installed on roof, ribs, walls or
6 timbers by means of efficient insulators [or suitable supports].
7 All electric cables constantly kept in rooms or pillars or other
8 work areas shall be carried on suitable supports to within
9 seventy feet of the face of each work area. In no instance shall
10 the method of support damage the cable jacket or armor.
11 (3) When main or other roads are being repaired, or blasting
12 is being carried on, suitable temporary protection from damage
13 shall be given the cables.
14 (4) All other wires, except telephone, shot-firing and
15 signal wires shall be on the same side of the road as the
16 trolley wire.
17 (5) Haulage block signal circuits and other control circuits
18 powered from the trolley shall be located on the same side of
19 the road as the trolley.
20 (h) Branch Circuit Protection. When the potential of a
21 branch circuit exceeds the limit of medium voltage, it shall be
22 protected by a circuit breaker, except as otherwise permitted
23 under section 331, subsection (h). Such circuit breaker shall be
24 equipped with an automatic overload trip arranged to open
25 simultaneously each ungrounded power carrying conductor.
26 Provisions for positive disconnection of the branch circuit
27 shall be included.
28 (i) Underground Transformer and Substation Rooms. (1)
29 Construction. Any motor-generator, rectifier (except those
30 described in subsection (j) of this section), rotary converter,
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1 or oil-filled transformer installed in a mine shall be enclosed
2 in a fireproof chamber of masonry or in an effectively grounded
3 approved steel structure. Such buildings shall be provided with
4 automatically closing fire-doors, but the automatic features of
5 fire-doors may be omitted if a substation attendant be employed.
6 The openings of all such doors shall be so safeguarded by
7 grillwork that the room may be entered only by authorized
8 persons. No electrical equipment containing inflammable material
9 shall be placed within eight feet of a door, or opening, in any
10 such underground building. All such underground substations
11 containing rotary machinery shall have an attendant constantly
12 on duty while rotating machinery is in operation, unless
13 adequate control and protection of the equipment is assured by
14 the use of suitable automatic devices. No transformer, circuit
15 breaker, controller or other device containing more than twenty
16 gallons of inflammable liquid shall be placed in any underground
17 substation. The substation shall be adequately ventilated by a
18 separate split of air. No substation shall be built in any mine
19 until the location, material, construction and method of
20 ventilation thereof have received the approval of the
21 [secretary] department.
22 (2) Switchboards. Main and distribution switch and fuse
23 boards shall be made of incombustible, moisture resistant,
24 insulating material, and be fixed in as dry a situation as
25 practicable, or shall be of suitable metal construction, exposed
26 portions of which shall be effectively grounded. All switches,
27 circuit breakers, rheostats, fuses and instruments used in
28 connection with underground motor-generators, rotary-converters,
29 high voltage motors, transformers, and low and medium voltage
30 motors of more than fifty horsepower or fifty KVA capacity,
20050S0949B1251 - 131 -
1 shall be installed upon a suitable switchboard or in a metal-
2 clad switchgear structure. Similar equipment for low and medium
3 voltage motors of fifty horsepower and less, may be separately
4 installed if mounted upon insulating bases of suitable material
5 or effectively metal-clad.
6 (3) Clearances. (i) In underground stations where
7 switchboards are installed, there shall be a passageway in front
8 of the switchboard not less than three feet in width and, if
9 there are any high voltage connections at the back of the
10 switchboard, any passageway behind the switchboard shall not be
11 less than three feet clear. The floor at the back of the
12 switchboard shall be properly floored and insulated with
13 nonconducting material, accessible from each end, and in the
14 case of high voltage switchboards, shall be kept locked, but the
15 lock shall allow the door being opened from the inside without
16 the use of a key.
17 (ii) Where the supply is at a voltage exceeding the limits
18 of medium voltage, there shall be no live metal work on the
19 front of the main switchboard within seven feet of the floor or
20 platform, and the space provided under subsection (i) (3) (i) of
21 this section shall not be less than four feet in the clear.
22 Insulating floors or mats shall be provided for medium voltage
23 boards where live metal work is on the front.
24 (4) Transformers. The primary of each underground power
25 transformer shall be protected by a suitable circuit breaker
26 equipped with automatic overload trip arranged to open
27 simultaneously each ungrounded power conductor. The primary of a
28 transformer of less than twenty-five KVA capacity operated at a
29 potential lower than high voltage may be protected by fuses.
30 When a transformer is the only load on a branch circuit, the
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1 branch circuit protection can be considered the transformer
2 protection.
3 (5) Outgoing Feeder Protection. Main circuits leaving
4 underground substation or transformer stations shall be
5 protected by circuit breakers.
6 (6) Grounding. All metallic coverings, metal armoring of
7 cables, and the frames and bedplates of generators, transformers
8 and motors shall be effectively grounded.
9 (7) Identification of Hazard. All high voltage machines and
10 apparatus shall be marked to clearly indicate that they are
11 dangerous, by the use of the words "Danger, High Voltage."
12 (8) Protection of Terminals. All terminals on machines,
13 motors, or equipment over medium voltage underground shall be
14 protected with insulating covers or with metal covers
15 effectively connected to the ground.
16 (9) Unauthorized Persons. No person other than one
17 authorized by the mine foreman or mine electrician shall enter a
18 station or transformer room or interfere with the working of any
19 apparatus connected therewith.
20 (10) Fire Protection. Rock dust or fire extinguishers
21 suitable for extinguishing electrical fires shall be kept at
22 electrical stations and transformer rooms, ready for immediate
23 use.
24 (j) Fireproof Rectifiers and Transformers. A portable
25 rectifier with dry type transformer, except those using pumped
26 tubes or glass bulb mercury arc tubes, or dry type transformer
27 designed for underground use with adequate automatic electrical
28 protection and substantially of fireproof construction, fully
29 metal-clad, which will not be in the same location in excess of
30 one year, may be installed in any intake air current, not beyond
20050S0949B1251 - 133 -
1 the last open crosscut and not closer than two hundred and fifty
2 feet along the air route to pillar workings. The location where
3 such fireproof rectifier or transformer is installed need not be
4 made fireproof with masonry or steel, but shall be equipped with
5 doors, grillwork or otherwise to prevent entry or access by
6 unauthorized persons.
7 Section 24. Sections 314 and 315 of the act are amended to
8 read:
9 Section 314. Storage Battery Equipment.--(a) All storage
10 battery equipment and charging stations shall be designed,
11 operated and ventilated so that gas from the batteries will be
12 safely diluted. Storage battery charging stations shall be on a
13 separate split of air.
14 (b) [Smoking or the] The presence of flammable materials is
15 not permitted in any storage battery room or charging station.
16 Signs to this effect shall be posted in all battery rooms or
17 charging stations.
18 (c) Storage battery operated equipment may be used in face
19 areas [of gassy mines] when all electrical parts that it is
20 practicable to enclose are enclosed in explosion-proof casings
21 and the batteries are adequately ventilated.
22 [Section 315. Steam Cleaners.--(a) Steam cleaning units
23 used underground shall be only electrically operated. Their use
24 shall be confined to repair shops where ventilation shall be
25 arranged to conduct their exhaust to return air with baffles
26 installed to prevent distribution of oil and grease in the
27 return airway.
28 (b) Machines shall be equipped with a pressure relief valve
29 and a soft plug. Cut-off valves shall not be installed in the
30 discharge nozzle.
20050S0949B1251 - 134 -
1 (c) The area in which the machine is used shall be cleaned
2 after each operation. Oil, grease and other residue shall be put
3 in metal containers and removed from the mine.
4 (d) Steam cleaner operators shall be provided with a
5 protective mask when chemical and detergent solvents are used.]
6 Section 25. Sections 316, 317, 320 and 321 of the act,
7 amended February 11, 1970 (P.L.10, No.8), are amended to read:
8 Section 316. Electrical [Face] Equipment.--(a) Voltage
9 Restriction. Motors of electrical [face] equipment shall not be
10 operated at higher than medium voltage, except as approved by
11 the [secretary under section 334 and] department except those on
12 hand held tools which shall be restricted to low voltage.
13 (b) Grounding. The frame of all off-track [face] equipment
14 shall be effectively grounded through a safety ground conductor
15 in its trailing cable[, or by an approved grounding device].
16 (c) Hand Held Tools. Electric drills and other electrically
17 operated rotating tools intended to be held in the hands shall
18 be equipped with an integrally mounted electric switch designed
19 to break the circuit when the hand releases the switch.
20 (d) Trailing Cables. (1) Trailing cables for [face]
21 equipment shall be safely and efficiently insulated and
22 constructed with an outer sheath or jacket of flame resistant
23 material. They shall be approved by the [secretary] department.
24 (2) Cables for hand held tools shall be specially flexible,
25 heavily insulated and effectively protected from damage.
26 (3) Each trailing cable in use shall be examined [daily] at
27 the beginning of each shift by the machine operator for
28 abrasions and other defects; he shall also carefully observe the
29 trailing cable while in use, and shall at once report any defect
30 to the mine official in charge.
20050S0949B1251 - 135 -
1 (4) In the event of the trailing cable in service breaking
2 down or becoming damaged in any way, or of its inflicting a
3 shock upon any person, it shall be put out of service at once.
4 The faulty cable shall not be used again until it has been
5 repaired and tested by a properly authorized person.
6 (5) The trailing cable shall be divided at the machine in
7 which it is supplying power, but only for such length as is
8 necessary for making connection to the machine terminals, and
9 the cable, with its outer covering complete, shall be securely
10 clamped to the machine frame in a manner that will protect the
11 cable from injury and prevent any mechanical strain being borne
12 by the single ends connected to the machine terminals.
13 (6) No more than five temporary splices shall be made in any
14 trailing cable. After the fifth such splice is made, the cable
15 shall be changed before the machine is operated on the following
16 shift. Trailing cables on equipment without cable reels shall
17 have no temporary splices within fifty feet of the machine
18 before the machine is operated on the following shift. Cable
19 jacket repairs not involving conductors or conductor insulation
20 are not considered temporary splices.
21 (7) Trailing cables shall be hung or adequately protected to
22 prevent their being run over and damaged by mobile machinery.
23 (8) Trailing cables on off-track equipment[, not provided
24 with an approved grounding device,] shall contain a safety
25 ground conductor which shall be solidly connected to the machine
26 frame. [A ground continuity test of the cable on each machine
27 shall be made upon completion of each temporary splice in that
28 cable.] Cables found to contain defective grounds shall be
29 repaired before use or replaced. The safety ground conductor
30 shall have a cross sectional area of at least fifty percent of
20050S0949B1251 - 136 -
1 that of a single power conductor unless used with ground trip
2 protective systems employing ground fault current limiting
3 devices in which case a smaller safety ground may be used.
4 (e) Motors. In all mines, all electrical equipment in use
5 inby the last open crosscut shall have all their current
6 carrying parts completely enclosed in explosion-proof
7 enclosures. This shall not include trailing cable, except where
8 terminated, and shall not include flexible cable as required
9 between motors, controllers, terminal boxes and other
10 auxiliaries. These enclosures shall not be opened except by an
11 authorized person, and then only when the power is switched off.
12 The power shall not be switched on while the enclosures are
13 open.
14 (f) Safeguarding. The person in charge of electrical [face]
15 machinery shall not leave such machinery while it is working and
16 shall, before leaving the [working place] work area, see that
17 power is cut off the trailing cables.
18 (g) Explosion Tested Compartments. All explosion tested
19 compartments shall be properly secured with cover clearance
20 tolerances not exceeding four one-thousandths of an inch.
21 Packing glands shall be correctly assembled and the packing
22 compressed by a packing nut tightened to within no less than
23 one-eighth of an inch of its seat.
24 (h) Detection of Gas. (1) In working places where
25 [explosive or noxious] methane gas is likely to be encountered,
26 an approved [safety lamp for the detection of such] gas
27 detection device shall be provided for use with each machine
28 when working[, and should any indication of gas appear on the
29 flame of the safety lamp]. Should methane gas be detected in an
30 amount of one per cent or greater, the person in charge shall
20050S0949B1251 - 137 -
1 immediately stop the machine, cut off the current at the nearest
2 switch, and report the matter to a mine official.
3 (2) [In any gassy mine no] No electrically-operated [face]
4 equipment shall be taken [inby] in by the last open breakthrough
5 until the machine operator shall have made an inspection for gas
6 in the place where the machine is to work[, unless such
7 examination is then made by some other competent person
8 authorized or appointed for that purpose by the mine foreman].
9 If [any explosive] methane gas is detected [in the place by an
10 approved safety lamp] in an amount greater than one per cent by
11 a gas detection device, the machine shall not be taken in. The
12 place shall be dangered off until the gas has been removed or
13 rendered harmless.
14 (3) No electrically-operated [face] equipment shall be
15 [continued in operation in a gassy mine] operated for a longer
16 period than [half an hour] twenty minutes without an examination
17 as above described being made for methane gas[, and if]. If
18 methane gas is found, the [current] power shall at once be
19 switched off [the machine,]; and the trailing cable shall
20 forthwith be disconnected from the power supply.
21 (4) The person finding gas shall at once report the fact to
22 the mine foreman, assistant mine foreman, or mine examiner and
23 the machine shall not again be started in such place until the
24 mine examiner or a person duly authorized by the mine foreman,
25 has examined it and pronounced it safe.
26 (5) [In any gassy portion of a mine, if] If any electric
27 sparking or arc be produced, outside of a coal-cutting or other
28 portable motor, or by the cables or rails, the machine shall be
29 stopped, disconnected from the power supply, and not be worked
30 again until the defect is repaired and the occurrence shall be
20050S0949B1251 - 138 -
1 reported to a mine official.
2 (i) Methane Monitors. (1) Methane monitors shall be
3 installed on all face-cutting machines and other mechanized
4 equipment used to extract or load coal in the mine. The sensing
5 device for methane monitors shall be installed at the return end
6 of the longwall face. An additional sensing device shall also be
7 installed on the longwall shearing machine, down wind and as
8 close to the cutting head as is practicable. The sensing devices
9 for methane on other types of machines shall be installed as
10 close to the working face as is practicable. Methane monitors
11 shall be maintained in permissible and proper operating
12 conditions and shall be calibrated with a known air-methane
13 mixture at least once every thirty-one days. To assure that
14 methane monitors are properly maintained and calibrated, the
15 operators shall do all of the following:
16 (i) Use persons properly trained in the maintenance,
17 calibration and permissibility of methane monitors to calibrate
18 and maintain the devices.
19 (ii) Maintain a record of all calibration tests of methane
20 monitors. Records shall be maintained in a secure book that is
21 not susceptible to alteration or electronically in a computer
22 system so as to be secure and not subject to alteration.
23 (iii) Retain the record of calibration tests for one year
24 from the date of the test. Records shall be retained at a
25 surface location at the mine and made available to department
26 representatives and representatives of the mine workers.
27 (2) When the methane concentrations at any methane monitor
28 reach one per cent, the monitor shall give a warning signal. The
29 warning signal of the methane monitor shall be visible to the
30 mining machine operator, who can de-energize electric equipment
20050S0949B1251 - 139 -
1 or shut down diesel equipment on which the monitor is mounted.
2 (3) The methane monitor shall automatically de-energize
3 electric equipment or shut down diesel-powered equipment when
4 the methane accumulation reaches two per cent or the methane
5 monitor is not operating properly.
6 Section 317. Inspection of Equipment.--(a) All electrical
7 [face] equipment shall be inspected by the mine electrician or
8 person designated by him [at least once every ten operating
9 days] weekly, and, where necessary, shall then be cleaned and
10 repaired.
11 (b) All electric motors and cables in mechanical sections
12 shall have all excessive coal dust removed from their exterior
13 surfaces once each operating shift.
14 Section 320. Underground Illumination.--(a) In all mines
15 the sockets of fixed electric lamps shall be of so-called
16 "weatherproof" type, the exterior of which shall be entirely
17 non-metallic. Flexible lamp cord connections are prohibited,
18 except for portable lamps, as covered by rule subsection (c) of
19 this section.
20 (b) Electric lamps shall be so placed that they cannot come
21 in contact with combustible material.
22 (c) [In gassy mines, portable] Portable electric lamps,
23 other than battery lamps, shall not be used in connection with
24 the repair and inspection of machines and equipment in face
25 areas. When used elsewhere, they shall be protected by a heavy
26 wire cage completely enclosing both lamp and socket, and shall
27 be provided with a handle to which both cage and socket are
28 firmly attached and through which the lead-in wires are carried.
29 (d) Electric lamps, when used in face areas of any mine,
30 shall be installed in explosion-proof enclosures.
20050S0949B1251 - 140 -
1 (e) Electric lamps shall be replaced by a [competent]
2 qualified person only, and in face areas [of gassy mines,] after
3 an examination for gas has been made with an approved [safety
4 lamp] gas detection device.
5 (f) [In gassy mines, underground] Underground photography
6 using flash bulbs or other sources of artificial illumination
7 shall be prohibited unless immediately preceded by an
8 examination for gas by a [qualified] certified person and the
9 place found safe.
10 Section 321. Telephones and Signaling.--(a) Telephone
11 service or equivalent two-way communication facilities shall be
12 provided in all mines between the surface and each working
13 section that is more than one thousand five hundred feet from
14 the main portal.
15 (b) Telephone lines[, other than cables,] shall be carried
16 on insulators, installed on the opposite side from power or
17 trolley wires, and where they cross power or trolley wires they
18 shall be adequately insulated.
19 (c) Lightning arrestors shall be provided at the points
20 where telephone circuits enter the mine.
21 (d) Telephone cables permanently installed in power
22 boreholes containing unarmored power cables shall be either
23 armored or protected at top and bottom by insulating
24 transformers.
25 (e) All proper precautions shall be taken to prevent
26 electric signal and telephone wires from coming into contact
27 with other electric conductors, whether insulated or not.
28 (f) Bells, wires, insulators, contact-makers, and other
29 apparatus used in connection with electric signaling
30 underground, shall be of suitable design, of substantial and
20050S0949B1251 - 141 -
1 reliable construction, and erected in such a manner as to reduce
2 the liability of failures or false signals to a minimum.
3 (g) In the face areas of any mine, the potential used for
4 signal purposes shall not exceed twenty-four volts, and bare
5 wires shall not be used for signal circuits[, except on haulage
6 roads].
7 (h) The [potential] voltage on signal circuits confined to
8 intake air and using insulated conductors may be greater than
9 twenty-four volts, but shall not exceed one hundred twenty-five
10 volts average. (This shall not apply to haulage block signal
11 systems.)
12 Section 26. Sections 323, 325, 327, 328 and 329 of the act
13 are amended to read:
14 Section 323. Voltage Limitation.--In no case shall the
15 potential used in the trolley system be higher than [medium
16 voltage] six hundred volts.
17 Section 325. Bonding.--Where air [(except compressed air
18 blasting lines)] or water pipes parallel the grounded return of
19 power circuits, the return shall be securely bonded to such
20 pipes at frequent intervals to eliminate the possibility of a
21 difference of [potential] voltage between rails and pipes and to
22 prevent electrolysis of the pipes. The rail return shall be of
23 sufficient capacity for the current used, independent of the
24 capacity of the pipes. On main haulage roads both rails shall be
25 bonded (except welded track) and cross bonds shall be placed at
26 points not to exceed two hundred feet apart. On secondary
27 haulage roads, one rail shall be bonded continuously.
28 Section 327. Connections to Trolley.--(a) All permanent
29 connections to trolley feeder circuits shall be made with
30 suitable mechanical connectors. No connection, temporary or
20050S0949B1251 - 142 -
1 permanent, shall be wrapped or tied.
2 (b) Temporary connections for portable or [face] equipment
3 may be made through fused trolley taps.
4 (c) Safety ground and negative connections for temporary or
5 permanent installations shall be made at two separate points, at
6 least six inches apart, and shall be made directly to the track,
7 a bond, or the system ground.
8 Section 328. Guarding.--At all landings and partings or
9 other places where [men] individuals are required to regularly
10 work or pass under trolley or other bare power wires, which are
11 placed less than six and one-half feet above top of rail, a
12 suitable protection shall be provided. This protection shall
13 consist of placing boards along the wire, which boards shall not
14 be more than five inches apart, nor less than two inches below
15 the lowest point of the wire: Provided, That the distance
16 between boards on curves may exceed five inches, but shall not
17 exceed eight inches. This does not prohibit the use of other
18 approved devices or methods furnishing equal or better
19 protection.
20 Section 329. Locomotives.--(a) Electric haulage by trolley
21 locomotive is not permitted [in any gassy mine] except on intake
22 air.
23 (b) It shall be unlawful [in any gassy mine] to run or
24 operate a locomotive, fed directly or indirectly from a trolley
25 wire, by the open entrances to worked out places wherein the
26 pillars have been drawn or places in which the pillars have not
27 been drawn but in which places the roof has collapsed.
28 (c) No open-type electric locomotive or open-type electric
29 machine of whatsoever name shall be taken into a working place
30 [or places in a gassy mine]. Main return airways (or
20050S0949B1251 - 143 -
1 passageways) shall not be used as haulage-ways for electric
2 locomotives operated from a trolley wire [in gassy mines:
3 Provided, however, That if at any time after the effective date
4 of this act a mine classed as non-gassy should be declared gassy
5 under the provisions of this act, the operator of such mine
6 shall, within the six months immediately following such
7 reclassification, discontinue the use of open-type electric
8 locomotives or open-type electric machines of any kind in a
9 working place or places in such gassy mine or portion thereof.
10 Upon written request from the operator of any such mine, the
11 secretary, after investigation, shall have authority to grant an
12 additional six months period to such operator to discontinue the
13 use of such locomotives or machines].
14 Section 27. Section 330 of the act, amended February 1, 1970
15 (P.L.10, No.8), is amended to read:
16 Section 330. Outdoor Substation.--The outdoor substation
17 shall be built in accordance with current Institute of
18 Electrical and Electronics Engineers' standards and department
19 equipment performance specification and shall include--
20 (1) Protective fence or enclosure.
21 (2) Primary or incoming line lightning arrestors.
22 (3) Positive disconnecting means on the incoming or primary
23 line with a circuit breaker or fuses to interrupt safely any
24 current, normal or abnormal, which might be encountered.
25 (4) Transformer bank to convert the incoming or primary
26 voltage to the transmission voltage. The use of auto-
27 transformers for this purpose is prohibited. Secondary or
28 underground transmission voltage shall not exceed fifteen
29 thousand volts, nominal, phase to phase. The transformer may be
30 connected delta-wye, wye-delta, or delta-delta. Wye-wye
20050S0949B1251 - 144 -
1 connections shall not be used because of voltage instability
2 under some conditions of load. In the event that the secondary
3 winding is delta-connected, the neutral necessary for the four-
4 wire transmission circuit shall be derived by use of a three-
5 phase "zig-zag" or grounding transformer. Where such grounding
6 transformers are used, they shall be of sufficient capacity to
7 carry maximum ground fault current continuously. Should the
8 substation primary or supply voltage equal the mine transmission
9 voltage, the main transformer bank may be omitted and the "zig-
10 zag" transformer used to derive a system neutral if one is not
11 otherwise available.
12 (5) Secondary lightning arrestors.
13 (6) Ground fault-current limiting resistor capable of
14 continuously limiting ground fault current to [fifty] twenty-
15 five amperes or less. The resistor shall be adequately insulated
16 and shall be protected by a grounded fence or screen unless
17 mounted eight feet or more above ground.
18 (7) A secondary or mine feeder circuit breaker with
19 interrupting capacity adequate for any possible condition of
20 fault and no less than the short circuit capacity of the system
21 supplying power to the breaker. Positive disconnect means shall
22 be provided on the input and output side of the breaker. Use of
23 automatic reclosing circuit breakers is prohibited. Breaker
24 automatic tripping shall be through protective relays and shall
25 provide as a minimum tripping, by undervoltage, instantaneous
26 and inverse time limit phase overcurrent, ground fault current
27 not exceeding fifteen amperes and ground-continuity check not
28 exceeding seven amperes. The ground-continuity check-circuit
29 shall continuously monitor the integrity of the neutral circuit
30 leading underground and shall cause the breaker to open when
20050S0949B1251 - 145 -
1 either the ground or pilot check wire is broken. An ammeter
2 capable of reading current in each phase and a voltmeter capable
3 of reading phase-to-phase voltage shall be provided at the
4 circuit breaker.
5 (8) Surge protection or station ground bed to which shall be
6 connected all lightning arrestor grounds, substation equipment
7 frame grounds, fence (if metallic) and substation structure (if
8 metallic). There shall be no direct connection between this
9 ground bed and either the grounded side of the mine direct
10 current system or the neutral ground bed described below.
11 (9) Neutral or primary ground bed located at least twenty-
12 five feet away from the station ground at its closest point and
13 to which shall be connected only the inby or load end of the
14 neutral current limiting resistor. To prevent current
15 transformer core saturation by stray direct current return
16 currents, or neutral conductor damage, there shall be no direct
17 or metallic connection between any point of the high voltage
18 alternating current neutral circuit and the mine direct current
19 ground.
20 (10) Ground bed resistance shall be measured at least every
21 six months and appropriate action taken to assure the
22 maintenance of [the lowest possible value] four ohms or less of
23 ground bed resistance. A record of these resistance measurements
24 shall be kept in a book provided for that purpose.
25 Section 28. Section 331 of the act is amended to read:
26 Section 331. High Voltage Underground Transmission System.--
27 (a) High voltage cables leading underground and extending
28 underground shall be of the multiple conductor flame resistant
29 type with either a rubber, plastic or armor sheath meeting the
30 requirements of the department for flame resistance. They shall
20050S0949B1251 - 146 -
1 be equipped with metallic shields around each power conductor.
2 One or more ground conductors shall be provided of a total size
3 either (1) not less than one-half the power conductor size, or
4 (2) capable of carrying two times the maximum ground fault
5 current. There shall also be provided an insulated conductor not
6 smaller than No. 10 AWG for the ground continuity check circuit.
7 Cables shall be adequate for the intended current and voltage.
8 Splices made in the cable shall provide continuity of all
9 components and shall be made in accordance with the cable
10 manufacturers' recommendations. The making of such splices shall
11 be supervised by a competent person designated by the mine
12 electrician.
13 (b) High voltage cables subject to repeated flexing shall be
14 similar in construction to type SH-D in accordance with
15 Insulated Power Cable Engineers Association standard S-19-81.
16 (c) If couplers are used, they shall be of the three-phase
17 type with a full metallic shell, and shall be adequate for the
18 voltage and current expected. All exposed metal on the couplers
19 shall be grounded to the ground conductor in the cable. The
20 coupler shall be constructed so that the ground continuity
21 conductor shall be broken first and the ground conductor shall
22 be broken last when the coupler is being uncoupled.
23 (d) At locations where cables cross haulage-ways or travel-
24 ways or where equipment must pass over or under the cable, they
25 shall be either installed in a trench in the roof, protected by
26 some mechanical means, or buried at least twelve inches below
27 combustible material and adequately protected from crushing by
28 the weight of equipment passing over it.
29 (e) High voltage cables shall be installed only in intake
30 airways. They may be installed on intake haulage-ways only with
20050S0949B1251 - 147 -
1 [written] the approval of the [secretary] department. Such cable
2 may be installed by hanging on suitable hooks or clamps, or by
3 supporting by a suitable messenger cable, or by burying or by
4 installation in metal conduit. When suspended, distance between
5 supports shall not exceed twenty feet and they shall be so
6 placed that they do not damage the cable jacket. When hung in a
7 haulage entry containing a trolley wire, the cable shall be
8 installed at least twelve inches from the trolley wire or feeder
9 wires and away from the track.
10 (f) Any excess cable which is connected and supplying a load
11 shall be coiled, stored on a reel, or otherwise stored, at a
12 place near the load where it can be protected by dangering off
13 the place. Such cable shall not exceed one thousand feet in
14 length.
15 (g) Frames and enclosures of high voltage switch units,
16 transformers, metallic cable couplers, and splice boxes shall be
17 grounded to the common or primary ground for the system in the
18 high voltage cable.
19 (h) Taps or branch circuits from the high voltage feeder
20 shall be made through circuit breakers adequate to interrupt any
21 fault current which might occur. Relaying protection on such
22 breakers shall include instantaneous and inverse time limit
23 phase overcurrent, under-voltage, ground fault and ground
24 continuity check functions. A separate ground continuity check
25 circuit originating at the branch circuit breaker shall be
26 extended into each branch and shall be connected to ground at
27 the frame of the load served. The ground continuity check
28 circuit shall be so wired that the ground wire or ground
29 continuity conductor or any connection on either wire cannot be
30 broken without interrupting the check circuit unless such break
20050S0949B1251 - 148 -
1 occurs on a branch which has been disconnected. A suitable load
2 break switch may be used in lieu of a circuit breaker provided
3 that the ground continuity check circuit shall be wired as
4 provided in [subsection (h) of] this section.
5 (i) When nonload breaking disconnect switches are used for
6 sectionalizing high voltage circuits, they shall be fully metal
7 clad, equipped with a door interlock to break the ground
8 continuity check circuit, thus tripping the feeding breaker when
9 the door is open, and a voltmeter or indicating lights to verify
10 that the circuit is de-energized before the [disconnect]
11 disconnected switches are opened.
12 Section 29. Subarticle heading G of Article III is amended
13 to read:
14 G. [TECHNOLOGICAL IMPROVEMENT] MANDATORY SAFETY
15 COMPONENTS OF ELECTRICAL EQUIPMENT.
16 Section 30. Section 334 of the act, amended December 19,
17 1996 (P.L.1414, No.182), is amended to read:
18 Section 334. [Technological Improvement.--(a) The secretary
19 shall recognize, encourage, and permit the adoption and use of
20 alternative or new methods, materials, machinery, equipment,
21 supplies, tools, devices, and processes in carrying out the
22 provisions of this act pertaining to electricity in bituminous
23 coal mines when such alternates provide protection to personnel
24 and property equal to or in excess of the requirements set forth
25 in any portion of this act. Any operator proposing use of such
26 alternate or new methods, materials, machinery, equipment,
27 supplies, tools, devices, and processes shall notify, in
28 writing, the secretary describing such proposal in detail.
29 (b) Upon receipt of this proposal, it shall be given
30 preliminary review by the secretary. If such review indicates
20050S0949B1251 - 149 -
1 that the proposal has potential merit, the secretary may, at his
2 discretion, appoint either a commission or a committee
3 consisting of three representatives of the department, three
4 operators' engineers, a representative of the mine employes, and
5 any others he deems pertinent. Such commission or committee
6 shall investigate and review said proposal to determine its
7 effect on safety and property and report their findings in
8 writing to the secretary.
9 (c) If either the secretary, commission or committee
10 recommends disapproval, their report shall include specific
11 references to the requirements and standards of this act which
12 the proposal violates and shall also specify the manner in which
13 it fails to provide personnel and property protection equal to
14 or in excess of such requirements or standards.
15 (d) Upon the approval of the commission or committee, the
16 secretary shall forthwith issue a permit approving the alternate
17 or new methods, materials, machinery, equipment, supplies,
18 tools, devices, and processes.] Mandatory Safety Components of
19 Electrical Equipment.--(a) Low-voltage and medium-voltage
20 resistance ground systems shall have ground wire monitors to
21 continuously monitor the continuity of the grounding circuits to
22 the equipment affected, except for:
23 (1) Low-voltage and medium-voltage circuits supplying power
24 to longwall illumination systems; and
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 fixed
28 location.
29 (ii) All load components are securely attached to a common
30 metallic frame or structure.
20050S0949B1251 - 150 -
1 (iii) Each component of the equipment is grounded by two
2 independent equipment safety grounding, each sized
3 appropriately.
4 (iv) At least one of the equipment safety ground conductors
5 to each component is visible for its entire length. High-voltage
6 resistance grounded systems shall have ground-wire monitors to
7 continuously monitor the continuity of the grounding circuits.
8 All ground wire monitors shall be designed and constructed to be
9 fail-safe.
10 (b) Beginning three hundred sixty-five days after the
11 effective date of this section, all direct current machines with
12 cables shall also have ground wire monitors to continuously
13 monitor the continuity of the grounding circuits, subject to the
14 exceptions listed in subsection (a). Ground-wire monitors for
15 each direct current machine shall also be fail-safe.
16 (c) Beginning three hundred sixty-five days after the
17 effective date of this section, all trailing cables and
18 conductors for equipment, regardless of voltage, must be
19 provided with a grounded metallic shield around each cable
20 conductor; cables for equipment shall also be equipped with a
21 ground check conductor.
22 (d) If plugs are used on any cable in the mine, then the
23 plugs must be interlocked.
24 Section 31. Article III of the act is amended by adding
25 subarticles to read:
26 H. ELECTRICAL SAFETY STANDARDS FOR HIGH-VOLTAGE
27 LONGWALL CIRCUITS AND EQUIPMENT.
28 Section 335. High-Voltage Longwalls; Scope.--Sections 336
29 through 344 of the act are electrical safety standards that
30 apply to high-voltage longwall circuits and equipment. All other
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1 standards established in the act also apply to longwall circuits
2 and equipment when appropriate.
3 Section 336. Longwall Electrical Protection.--(a) High-
4 voltage circuits must be protected against short circuits,
5 overloads, ground faults, and undervoltages by circuit-
6 interrupting devices of adequate interrupting capacity as
7 follows:
8 (1) Current settings of short-circuit protective devices
9 must not exceed the setting specified in approval documentation,
10 or seventy-five per cent of the minimum available phase-to-phase
11 short-circuit current, whichever is less.
12 (2) Time-delay settings of short-circuit protective devices
13 used to protect any cable extending from the section power
14 center to a motor-starter enclosure must not exceed the settings
15 specified in approval documentation, or one-quarter second,
16 whichever is less. Time-delay settings of short-circuit
17 protective devices used to protect motor and shearer circuits
18 must not exceed the settings specified in approval
19 documentation, or three cycles, whichever is less.
20 (3) Ground-fault currents must be limited by a neutral
21 grounding resistor to not more than:
22 (i) six and one half amperes when the nominal voltage of the
23 power circuit is two thousand four hundred volts or less; or
24 (ii) three and three-quarters of an ampere when the nominal
25 voltage of the power circuit exceeds two thousand four hundred
26 volts.
27 (4) High-voltage circuits extending from the section power
28 center must be provided with:
29 (i) ground-fault protection set to cause de-energization at
30 not more than forty per cent of the current rating of the
20050S0949B1251 - 152 -
1 neutral grounding resistor;
2 (ii) a backup ground-fault detection device to cause de-
3 energization when a ground fault occurs with the neutral
4 grounding resistor open; and
5 (iii) thermal protection for the grounding resistor that
6 will deenergize the longwall power center if the resistor is
7 subjected to a sustained ground fault. The thermal protection
8 must operate at either fifty per cent of the maximum temperature
9 rise of the grounding resistor, or 150C (302F), whichever is
10 less, and must open the ground-wire monitor circuit for the
11 high-voltage circuit supplying the section power center. The
12 thermal protection must not be dependent upon control power and
13 may consist of a current transformer and overcurrent relay.
14 (5) High-voltage motor and shearer circuits must be provided
15 with instantaneous ground-fault protection set at not more than
16 one hundred and twenty-five thousandths of an ampere.
17 (6) Time-delay settings of ground-fault protective devices
18 used to provide coordination with the instantaneous ground-fault
19 protection of motor and shearer circuits must not exceed one-
20 quarter second.
21 (7) Undervoltage protection must be provided by a device
22 which operates on low voltage to cause and maintain the
23 interruption of power to a circuit to prevent automatic
24 restarting of the equipment.
25 (b) Current transformers used for the ground-fault
26 protection specified in subsections (a)(1), (4)(i) and (5) must
27 be single window-type and must be installed to encircle all
28 three-phase conductors. Equipment safety grounding conductors
29 must not pass through or be connected in series with ground-
30 fault current transformers.
20050S0949B1251 - 153 -
1 (c) Each ground-fault current device specified in subsection
2 (a)(4)(i) and (5) must be provided with a test circuit that will
3 inject a primary current of fifty per cent or less of the
4 current rating of the grounding resistor through the current
5 transformer and cause each corresponding circuit-interrupting
6 device to open.
7 (d) Circuit-interrupting devices must not reclose
8 automatically.
9 (e) Where two or more high-voltage cables are used to supply
10 power to a common bus in a high-voltage enclosure, each cable
11 must be provided with ground-wire monitoring. The ground-wire
12 monitoring circuits must cause de-energization of each cable
13 when either the ground monitor or grounding conductor(s) of any
14 cable become severed or open. On or after the effective date of
15 this section, parallel connected cables on newly installed
16 longwalls must be protected as follows:
17 (1) when one circuit-interrupting device is used to protect
18 parallel connected cables, the circuit-interrupting device must
19 be electrically interlocked with the cables so that the device
20 will open when any cable is disconnected; or
21 (2) when two or more parallel circuit-interrupting devices
22 are used to protect parallel-connected cables, the circuit-
23 interrupting devices must be mechanically and electrically
24 interlocked. Mechanical interlocking must cause all devices to
25 open simultaneously and electrical interlocking must cause all
26 devices to open when any cable is disconnected.
27 (f) Look-ahead circuits must be provided on each motor
28 circuit to prevent a circuit breaker or a motor circuit from
29 closing into a fault.
30 Section 337. Longwall Disconnect Switches.--(a) The section
20050S0949B1251 - 154 -
1 power center must be equipped with a main disconnecting device
2 installed to de-energize all cables extending to longwall
3 equipment when the device is in the open position.
4 (b) Disconnecting devices for motor-starter enclosures must
5 be maintained in accordance with the department's approval. The
6 compartment for the disconnect device must be provided with a
7 caution label to warn miners against entering the compartment
8 before de-energizing the incoming high-voltage circuits to the
9 compartment.
10 (c) Disconnecting devices must be rated for the maximum
11 phase-to-phase voltage of the circuit in which they are
12 installed and for the full-load current of the circuit that is
13 supplied power through the device.
14 (d) Each disconnecting device must be designed and installed
15 so that:
16 (1) visual observation determines that the contacts are open
17 without removing any cover;
18 (2) all load power conductors can be grounded when the
19 device is in the open position; and
20 (3) the device can be locked in the open position.
21 (e) Disconnecting devices, except those installed in
22 explosion-proof enclosures, must be capable of interrupting the
23 full-load current of the circuit or designed and installed to
24 cause the current to be interrupted automatically prior to the
25 opening of the contacts of the device. Disconnecting devices
26 installed in explosion-proof enclosures must be maintained in
27 accordance with the department's approval.
28 Section 338. Guarding of Longwall Cables.--(a) High-voltage
29 cables must be guarded at the following locations:
30 (1) Where persons regularly work or travel over or under the
20050S0949B1251 - 155 -
1 cables.
2 (2) Where the cables leave cable handling or support systems
3 to extend to electric components.
4 (b) Guarding must minimize the possibility of miners
5 contacting the cables and protect the cables from damage. The
6 guarding must be made of grounded metal or nonconductive flame-
7 resistant material.
8 Section 339. Longwall Cable Handling and Support Systems.--
9 Longwall mining equipment must be provided with cable-handling
10 and support systems that are constructed, installed and
11 maintained to minimize the possibility of miners contacting the
12 cables and to protect the high-voltage cables from damage.
13 Section 340. Use of Longwall Insulated Cable Handling
14 Equipment.--(a) Energized high-voltage cables must not be
15 handled except when motor or shearer cables need to be trained.
16 When cables need to be trained, high-voltage insulated gloves,
17 mitts, hooks, tongs, slings, aprons, or other personal
18 protective equipment capable of providing protection against
19 shock hazard must be used to prevent direct contact with the
20 cable.
21 (b) High-voltage insulated gloves, sleeves and other
22 insulated personal protective equipment must:
23 (1) have a voltage rating of at least Class 1 (seven
24 thousand five hundred volts) that meets or exceeds ASTM F496-97,
25 Standard Specification for In-Service Care of Insulating Gloves
26 and Sleeves (1997);
27 (2) be examined before each use for visible signs of damage;
28 (3) be removed from the underground area of the mine or
29 destroyed when damaged or defective; and
30 (4) be electrically tested every six months.
20050S0949B1251 - 156 -
1 Section 341. Longwall Motor-Starter Enclosures; Barriers,
2 and Interlocks.--Compartment separation and cover interlock
3 switches for motor-starter enclosures must be maintained in
4 accordance with section 342.
5 Section 342. High-Voltage Longwall Mining Systems.--(a) In
6 each high-voltage motor-starter enclosure, with the exception of
7 a controller on a high-voltage shearer, the disconnect device
8 compartment, control/communications compartment, and motor
9 contactor compartment must be separated by barriers or
10 partitions to prevent exposure of personnel to energized high-
11 voltage conductors or parts. In each motor-starter enclosure on
12 a high-voltage shearer, the high-voltage components must be
13 separated from lower voltage components by barriers or
14 partitions to prevent exposure of personnel to energized high-
15 voltage conductors or parts. Barriers or partitions must be
16 constructed of grounded metal or nonconductive insulating board.
17 (b) Each cover of a compartment in the high-voltage motor-
18 starter enclosure containing high-voltage components must be
19 equipped with at least two interlock switches arranged to
20 automatically de-energize the high-voltage components within
21 that compartment when the cover is removed.
22 (c) Circuit-interrupting devices must be designed and
23 installed to prevent automatic reclosure.
24 (d) Transformers with high-voltage primary windings that
25 supply control voltages must incorporate grounded electrostatic
26 (Faraday) shielding between the primary and secondary windings.
27 The shielding must be connected to equipment ground by a minimum
28 No. 12 AWG grounding conductor. The secondary nominal voltage
29 must not exceed one hundred twenty volts, line to line.
30 (e) Test circuits must be provided for checking the
20050S0949B1251 - 157 -
1 condition of ground-wire monitors and ground-fault protection
2 without exposing personnel to energized circuits. Each ground-
3 test circuit must inject a primary current of fifty per cent or
4 less of the current rating of the grounding resistor through the
5 current transformer and cause each corresponding circuit-
6 interrupting device to open.
7 (f) Each motor-starter enclosure, with the exception of a
8 controller on a high-voltage shearer, must be equipped with a
9 disconnect device installed to de-energize all high-voltage
10 power conductors extending from the enclosure when the device is
11 in the open position.
12 (1) When multiple disconnect devices located in the same
13 enclosure are used to satisfy the above requirement, they must
14 be mechanically connected to provide simultaneous operation by
15 one handle.
16 (2) The disconnect device must be rated for the maximum
17 phase-to-phase voltage and the full-load current of the circuit
18 in which it is located and installed so that:
19 (i) visual observation determines that the contacts are open
20 without removing any cover;
21 (ii) the load-side power conductors are grounded when the
22 device is in the open position;
23 (iii) the device can be locked in the open position;
24 (iv) when located in an explosion-proof enclosure, the
25 device must be designed and installed to cause the current to be
26 interrupted automatically prior to the opening of the contacts;
27 and
28 (v) when located in a non-explosion-proof enclosure, the
29 device must be designed and installed to cause the current to be
30 interrupted automatically prior to the opening of the contacts,
20050S0949B1251 - 158 -
1 or the device must be capable of interrupting the full-load
2 current of the circuit.
3 (g) Control circuits for the high-voltage motor starters
4 must be interlocked with the disconnect device so that:
5 (1) The control circuit can be operated with an auxiliary
6 switch in the test position only when the disconnect device is
7 in the open and grounded position.
8 (2) The control circuit can be operated with the auxiliary
9 switch in the normal position only when the disconnect switch is
10 in the closed position.
11 (h) A study to determine the minimum available fault current
12 must be submitted to the department to ensure adequate
13 protection for the length and conductor size of the longwall
14 motor, shearer and trailing cables.
15 (i) Longwall motor and shearer cables with nominal voltages
16 greater than six hundred sixty volts must be made of a shielded
17 construction with a grounded metallic shield around each power
18 conductor.
19 (j) High-voltage motor and shearer circuits must be provided
20 with instantaneous ground-fault protection of not more than one
21 hundred and twenty-five thousandths of an ampere. Current
22 transformers used for this protection must be of the single
23 window type and must be installed to encircle all three-phase
24 conductors.
25 Section 343. Longwall Electrical Work; Troubleshooting and
26 Testing.--(a) Electrical work on all circuits and equipment
27 associated with high-voltage longwalls must be performed by
28 MSHA-qualified persons.
29 (b) Prior to performing electrical work, except for
30 troubleshooting and testing of energized circuits and equipment
20050S0949B1251 - 159 -
1 as provided for in subsection (d), a qualified person must do
2 the following:
3 (1) De-energize the circuit or equipment with a circuit-
4 interrupting device.
5 (2) Open the circuit disconnecting device. On high-voltage
6 circuits, ground the power conductors until work on the circuit
7 is completed.
8 (3) Lock out the disconnecting device with a padlock. When
9 more than one qualified person is performing work, each person
10 must install an individual padlock.
11 (4) Tag the disconnecting device to identify each person
12 working and the circuit or equipment on which work is being
13 performed.
14 (c) Disconnecting devices shall be locked out and suitably
15 tagged by the person who performs such work. When more than one
16 person is performing work, each person must install an
17 individual lock and tag. Each lock and tag may be removed only
18 by the person who installed it, or if that person is
19 unavailable, by a mine official. If a lock and tag are removed
20 by a mine official, that mine official must personally notify
21 the person who placed the lock and tag before that person
22 returns to work. If a person who has placed a lock and tag
23 leaves work before the repair is completed and the lock and tag
24 removed, that person shall, before resuming work on that
25 equipment, return to the place where the lock and tag were
26 placed to confirm that they are still present.
27 (d) Troubleshooting and testing of energized circuits must
28 be performed only:
29 (1) On low-voltage and medium-voltage circuits.
30 (2) When the purpose of troubleshooting and testing is to
20050S0949B1251 - 160 -
1 determine voltages and currents.
2 (3) By persons qualified to perform electrical work and who
3 wear protective gloves. Rubber-insulating gloves must be rated
4 at least for the nominal voltage of the circuit when the voltage
5 of the circuit exceeds one hundred twenty volts nominal and is
6 not intrinsically safe.
7 (e) Before troubleshooting and testing of a low-voltage or
8 medium-voltage circuit contained in a compartment with a high-
9 voltage circuit, the high-voltage circuit must be de-energized,
10 disconnected, grounded, locked out and tagged in accordance with
11 subsection (b).
12 (f) Prior to the installation or removal of conveyor belt
13 structure, high-voltage cables extending from the section power
14 center to longwall equipment and located in the belt entries
15 must be:
16 (1) de-energized; or
17 (2) guarded in accordance with section 338, at the location
18 where the belt structure is being installed or removed.
19 Section 344. Testing, Examination and Maintenance of
20 Longwall Equipment.--(a) At least once every seven days, an
21 MSHA-qualified person must test and examine each unit of high-
22 voltage longwall equipment and circuits to determine that
23 electrical protection, equipment grounding, permissibility cable
24 insulation and control devices are being properly maintained to
25 prevent fire, electrical shock, ignition or operational hazards
26 from existing on the equipment. Tests must include activating
27 the ground-fault test circuit.
28 (b) Each ground-wire monitor and associated circuits must be
29 examined and tested at least once each thirty days to verify
30 proper operation and that it will cause the corresponding
20050S0949B1251 - 161 -
1 circuit-interrupting device to open.
2 (c) When examinations or tests of equipment reveal a fire,
3 electrical shock, ignition or operational hazard, the equipment
4 must be removed from service immediately or repaired
5 immediately.
6 (d) At the completion of examinations and tests required by
7 this section, the person who makes the examinations and tests
8 must certify by signature and date that they have been
9 conducted. A record must be made of any unsafe condition found
10 and any corrective action taken. Certifications and records must
11 be kept for at least one year and must be made available for
12 inspection by authorized representatives of the department and
13 representatives of miners.
14 I. DEPARTMENT APPROVAL.
15 Section 350. Equipment Approvals.--(a) All underground
16 electrical equipment, surface substations and electrical
17 installation, fans and personnel conveyances (elevators, man
18 hoists and escape capsules) connected to the underground mine
19 must have department approval before being placed into service.
20 The approval shall be for the purpose of ensuring compliance
21 with this act and for ensuring safety of all the workers. When
22 the department considers permissible equipment approved by MSHA,
23 the department shall not repeat the MSHA review process, but
24 shall consider whether the particular equipment meets the
25 requirements of this act and the regulations promulgated by the
26 Mine Safety Board.
27 (1) In order to obtain the department's approval of
28 equipment, the operator shall submit plans, specifications,
29 programmable logic or a functional description of the logic, its
30 design and its use.
20050S0949B1251 - 162 -
1 (2) The department shall publish its performance
2 specifications and a list of equipment it has approved.
3 (b) After equipment has been approved by the department, the
4 equipment may not be modified until and unless the operator
5 seeks and obtains the department's approval of the modification.
6 (c) All elevators at the time of installation must meet the
7 criteria established in the current American Society of
8 Mechanical Engineers A17.1 Code, pertaining to special
9 application elevators (mine elevators).
10 Section 32. Articles IV, V, VI and VII of the act are
11 repealed.
12 Section 33. The act is amended by adding articles to read:
13 ARTICLE IV.
14 DIESEL-POWERED EQUIPMENT.
15 Section 401. Underground Use.--(a) Underground use of inby
16 and outby diesel-powered equipment, including mobile equipment,
17 stationary equipment and equipment of all horsepower ratings,
18 may only be approved, operated and maintained as provided in
19 this article, except for emergency fire-fighting equipment to be
20 used specifically for that purpose.
21 (b) All diesel-powered equipment shall be attended while in
22 operation with the engine running in underground mines. For
23 purposes of this subsection, the term "attended" shall mean an
24 equipment operator is within sight or sound of the diesel-
25 powered equipment.
26 (c) Inby and outby diesel-powered equipment may be used in
27 underground mines if the inby or outby diesel-powered equipment
28 uses an engine approved or certified by MSHA, as applicable, for
29 inby or outby use that, when tested at the maximum fuel-air
30 ratio, does not require an MSHA approval plate ventilation rate
20050S0949B1251 - 163 -
1 exceeding 75 cfm per rated horsepower. Should MSHA promulgate
2 new regulations that change the MSHA Part 7 approval plate
3 ventilation rate, the cfm requirement per rated horsepower will
4 be revised either up or down on a direct ratio basis upon
5 recommendation of the Technical Advisory Committee in accordance
6 with section 424.
7 Section 402. Diesel-Powered Equipment Package.--(a) All
8 diesel-powered equipment shall be approved by the department as
9 a complete diesel-powered equipment package which shall be
10 subject to all of the requirements, standards and procedures set
11 forth in this article.
12 (b) Diesel engines shall be certified or approved, as
13 applicable, by MSHA and maintained in accordance with MSHA
14 certification or approval and department approval.
15 Section 403. Exhaust Emissions Control.--(a) (1)
16 Underground diesel-powered equipment shall include an exhaust
17 emissions control and conditioning system that has been
18 laboratory tested with the diesel engine, except as provided in
19 paragraph (3), using the ISO 8178-1 test and has resulted in
20 diesel particulate matter emissions that do not exceed an
21 average concentration of 0.12 mg over m to the third power when
22 diluted by one hundred per cent of the MSHA Part 7 approval
23 plate ventilation rate for that diesel engine. Should MSHA
24 promulgate new regulations that change the MSHA Part 7 approval
25 plate ventilation rate, the dilution percentage relative to the
26 approval plate ventilation rate will be adjusted either up or
27 down on a direct ratio basis upon recommendation of the
28 Technical Advisory Committee in accordance with section 424.
29 (2) The exhaust emissions control and conditioning system
30 shall be required to successfully complete a single series of
20050S0949B1251 - 164 -
1 laboratory tests conducted at a laboratory accepted by the
2 department for each diesel engine, except as provided in
3 paragraph (3).
4 (3) An exhaust emissions control and conditioning system may
5 be approved for multiple diesel engine applications through a
6 single series of laboratory tests, known as the ISO 8178-1 test,
7 only if data is provided to the advisory committee that reliably
8 verifies that the exhaust emissions control and conditioning
9 system will meet, for each diesel engine, the in-laboratory
10 diesel particulate matter standard established by this
11 subsection. Data provided to satisfy this provision shall
12 include diesel particulate matter production rates for the
13 specified engine as measured during the ISO 8178-1 test, if
14 available. If the ISO 8178-1 test data for diesel particulate
15 matter production is not available for a specified engine,
16 comparable data may be provided to the advisory committee that
17 reliably verifies that the exhaust emissions control and
18 conditioning system will meet, for the specified diesel engine,
19 the in-laboratory diesel particulate matter standard established
20 by this subsection. This standard shall only be used for in-
21 laboratory testing for approval of diesel-powered equipment for
22 use underground.
23 (b) The exhaust emissions control and conditioning system
24 shall include the following:
25 (1) A diesel particulate matter filter that has proven
26 capable of at least seventy-five per cent reduction of diesel
27 particulate matter.
28 (2) An oxidation catalyst or other gaseous emissions control
29 device capable of reducing undiluted carbon monoxide emissions
30 to 100 ppm or less under all conditions of operation at normal
20050S0949B1251 - 165 -
1 engine operating temperature range.
2 (3) An engine surface temperature control capable of
3 maintaining significant external surface temperatures below
4 three hundred two degrees Fahrenheit.
5 (4) A system capable of reducing the exhaust gas temperature
6 below three hundred two degrees Fahrenheit.
7 (5) An automatic engine shutdown system that will shut off
8 the engine before the exhaust gas temperature reaches three
9 hundred two degrees Fahrenheit and, if waterjacketed components
10 are used, before the engine coolant temperature reaches two
11 hundred twelve degrees Fahrenheit, warning shall be provided to
12 alert the equipment operator prior to engine shutdown.
13 (6) A spark arrestor system.
14 (7) A flame arrestor system.
15 (8) A sampling port for measurement of undiluted and
16 untreated exhaust gases as they leave the engine.
17 (9) A sampling port for measurement of treated undiluted
18 exhaust gases before they enter the mine atmosphere.
19 (10) For inby diesel equipment, any additional requirements
20 of MSHA regulations at 30 CFR Pt. 36 (relating to approval
21 requirements for permissible mobile diesel-powered
22 transportation equipment).
23 (c) On-board engine performance and maintenance diagnostics
24 systems shall be capable of continuously monitoring and giving
25 readouts for paragraphs (1), (2), (3), (4), (5), (6), (7) and
26 (8) of this subsection. The diagnostics system shall identify
27 levels that exceed the engine and/or component manufacturer's
28 recommendation or the applicable MSHA or bureau requirements as
29 to the following:
30 (1) Engine speed.
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1 (2) Operating hour meter.
2 (3) Total intake restriction.
3 (4) Total exhaust back pressure.
4 (5) Cooled exhaust gas temperature.
5 (6) Coolant temperature.
6 (7) Engine oil pressure.
7 (8) Engine oil temperature.
8 Section 404. Ventilation.--(a) Minimum quantities of air
9 where diesel-powered equipment is operated shall be maintained
10 pursuant to this section.
11 (b) Each specific model of diesel-powered equipment shall be
12 approved by the department before it is taken underground. The
13 department shall require an approval plate that must be attached
14 to each piece of the diesel-powered equipment. The approval
15 plate shall specify the minimum ventilating air quantity for the
16 specific piece of diesel-powered equipment. The minimum
17 ventilating air quantity shall be determined by the bureau based
18 on the amount of air necessary at all times to maintain the
19 exhaust emissions at levels not exceeding the exposure limits
20 established in section 419.
21 (c) The minimum quantities of air in any split where any
22 individual unit of diesel-powered equipment is being operated
23 shall be at least that specified on the approval plate for that
24 equipment. Air quantity measurements to determine compliance
25 with this requirement shall be made at the individual unit of
26 diesel-powered equipment.
27 (d) Where multiple units are operated, the minimum quantity
28 shall be at least one hundred per cent of MSHA Part 7 approval
29 plate air quantities for each unit operating in that split. Air
30 quantity measurements to determine compliance with this
20050S0949B1251 - 167 -
1 requirement shall be made at the most downwind unit of diesel-
2 powered equipment that is being operated in that air split.
3 Should MSHA promulgate new regulations that change the MSHA Part
4 7 approval plate ventilation rate, the minimum quantity where
5 multiple units are operated shall be revised on a direct ratio
6 basis upon recommendation of the Technical Advisory Committee in
7 accordance with section 424.
8 (e) The minimum quantities of air in any split where any
9 diesel-powered equipment is operated shall be in accordance with
10 the minimum air quantities required in subsections (a) and (b)
11 and shall be specified in the mine diesel ventilation plan.
12 Section 405. Fuel Storage Facilities.--(a) An underground
13 diesel fuel storage facility shall be any facility designed and
14 constructed to provide for the storage of any mobile diesel fuel
15 transportation units or the dispensing of diesel fuel.
16 (b) Diesel-powered equipment shall be used underground only
17 with fuel that meets the standards of the most recently approved
18 EPA guidelines for over-the-road fuel. Additionally the fuel
19 shall also meet the ASTM D975 fuel standards with a flash point
20 of one hundred degrees Fahrenheit or greater at standard
21 temperature and pressure. The operator shall maintain a copy of
22 the most recent delivery receipt from the supplier that will
23 prove that the fuel used underground meets the standard listed
24 above.
25 (c) Underground diesel fuel storage tanks shall meet the
26 following general requirements:
27 (1) Fixed underground diesel fuel storage tanks are
28 prohibited.
29 (2) No more than five hundred gallons of diesel fuel shall
30 be stored in each underground diesel fuel storage facility.
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1 (d) Underground diesel fuel storage facilities shall be
2 located as follows:
3 (1) At least one hundred feet from shafts, slopes, shops and
4 explosives magazines.
5 (2) At least twenty-five feet from trolley wires, haulage
6 ways, power cables and electric equipment not necessary for the
7 operation of the storage facilities.
8 (3) In an area that is as dry as practicable.
9 (e) (1) Underground diesel fuel storage facilities shall
10 meet the construction requirements and safety precautions
11 enumerated in this subsection.
12 (2) Underground diesel fuel storage facilities shall meet
13 all of the following:
14 (i) Be constructed of noncombustible materials and provided
15 with either self-closing or automatic-closing doors.
16 (ii) Be ventilated directly into the return air course using
17 noncombustible materials.
18 (iii) Be equipped with an automatic fire suppression system
19 complying with section 409. The Technical Advisory Committee may
20 recommend for approval an alternate method of complying with
21 this section on a mine-by-mine basis in accordance with section
22 424.
23 (iv) Be equipped with at least two portable twenty-pound
24 multipurpose dry-chemical type fire extinguishers.
25 (v) Be marked with conspicuous signs designating combustible
26 liquid storage.
27 (vi) Be included in the pre-shift examination.
28 (3) Welding or cutting other than that performed in
29 accordance with paragraph (4) shall not be done within fifty
30 feet of a diesel fuel storage facility.
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1 (4) When it is necessary to weld, cut or solder pipelines,
2 cylinders, tanks or containers that may have contained diesel
3 fuel, the following requirements shall apply:
4 (i) Cutting or welding shall not be performed on or within
5 containers or tanks that have contained combustible or flammable
6 materials until such containers or tanks have been thoroughly
7 purged and cleaned or inerted and a vent or opening is provided
8 to allow for sufficient release of any buildup pressure before
9 heat is applied.
10 (ii) Diesel fuel shall not be allowed to enter pipelines or
11 containers that have been welded, soldered, brazed or cut until
12 the metal has cooled to ambient temperature.
13 Section 406. Transfer of Diesel Fuel.--(a) Diesel fuel
14 shall be transferred as provided in this section.
15 (b) When diesel fuel is transferred by means of a pump and a
16 hose equipped with a nozzle containing a self-closing valve, a
17 powered pump may be used only if:
18 (1) The hose is equipped with a nozzle containing a self-
19 closing valve without a latch-open device.
20 (2) The pump is equipped with an accessible emergency
21 shutoff switch.
22 (c) Diesel fuel shall not be transferred using compressed
23 gas.
24 (d) Diesel fuel shall not be transferred to the fuel tank of
25 diesel-powered equipment while the equipment's engine is
26 running.
27 (e) Diesel fuel piping systems shall be designed and
28 operated as dry systems.
29 (f) All piping, valves and fittings shall be:
30 (1) Capable of withstanding working pressures and stresses.
20050S0949B1251 - 170 -
1 (2) Capable of withstanding four times the static pressures.
2 (3) Compatible with diesel fuel.
3 (4) Maintained in a manner that prevents leakage.
4 (g) Vertical pipelines shall have manual shutoff valves
5 installed at the surface filling point and at the underground
6 discharge point.
7 (h) Unburied diesel fuel pipelines shall not exceed three
8 hundred feet in length and shall have shutoff valves located at
9 each end of the unburied pipeline.
10 (i) Horizontal pipelines shall not be used to distribute
11 fuel throughout the mine.
12 (j) Diesel fuel piping systems shall be used only to
13 transport fuel from the surface directly to a single underground
14 diesel fuel transfer point.
15 (k) When boreholes are used, the diesel fuel piping system
16 shall not be located in a borehole with electric power cables.
17 (l) Diesel fuel pipelines located in any shaft shall be
18 included as part of the required examination of the shaft.
19 (m) Diesel fuel piping systems located in entries shall not
20 be located on the same side of the entry as electric cables or
21 power lines.
22 (n) Diesel fuel pipelines shall not be located in any
23 trolley-haulage entry, except that they may cross the entry
24 perpendicular if buried or otherwise protected from damage and
25 sealed.
26 (o) Diesel fuel piping systems shall be protected to prevent
27 physical damage.
28 Section 407. Containers.--(a) Containers for the transport
29 of diesel fuel shall meet the requirements of this section.
30 (b) Diesel fuel shall be transported only in containers
20050S0949B1251 - 171 -
1 specifically designed for the transport of diesel fuel.
2 (c) No more than one safety can, conspicuously marked, shall
3 be transported on a vehicle at any time.
4 (d) Containers other than safety cans used to transport
5 diesel fuel shall be provided with the following:
6 (1) Devices for venting.
7 (2) Self-closing caps.
8 (3) Vent pipes at least as large as the fill or withdrawal
9 connection, whichever is larger, but not less than one and one-
10 fourth inch nominal inside diameter.
11 (4) Liquid-tight connections for all container openings that
12 are identified by conspicuous markings and closed when not in
13 use.
14 (5) Shutoff valves located within one inch of the tank shell
15 on each connection through which liquid can normally flow.
16 (e) When tanks are provided with openings for manual
17 gauging, liquid-tight caps or covers shall be provided and shall
18 be kept closed when not open for gauging.
19 (f) Containers used for the transport of diesel fuel shall
20 not exceed a capacity of five hundred gallons.
21 (g) Containers, other than safety cans, used for the
22 transport of diesel fuel shall be permanently fixed to the
23 transportation unit: Provided, however, That the Technical
24 Advisory Committee may develop criteria on a mine-by-mine basis
25 in accordance with section 424 that allows for approved diesel
26 fuel transportation units to be transported on or by a secondary
27 transportation unit to their respective work areas.
28 (h) Diesel fuel transportation units shall be transported
29 individually and not with any other cars, except that two diesel
30 fuel transportation units up to a maximum of five hundred
20050S0949B1251 - 172 -
1 gallons each may be transported together.
2 (i) Diesel fuel shall not be transported on conveyor belts.
3 (j) When transporting diesel fuel in containers other than
4 safety cans, a fire extinguisher shall be provided on each end
5 of the transportation unit. The fire extinguishers shall be
6 multipurpose type dry-chemical fire extinguishers containing a
7 nominal weight of twenty pounds.
8 (k) Diesel fuel transportation units shall have a fire
9 suppression system that meets the requirements of section 408.
10 (l) In mines where trolley wire is used, diesel fuel
11 transportation units shall be provided with insulating material
12 to protect the units from energized trolley wire, and the
13 distance between the diesel fuel transportation unit and the
14 trolley wire shall not be less than twelve inches, or the
15 trolley wire shall be de-energized when diesel fuel
16 transportation units are transported through the area.
17 (m) Unattended diesel fuel transportation units shall be
18 parked only in mobile underground diesel fuel storage
19 facilities.
20 (n) Safety cans shall be used for emergency fueling only.
21 (o) Safety cans shall be clearly marked, have a maximum
22 capacity of five gallons and be constructed of metal and
23 equipped with a nozzle and self-closing valves.
24 Section 408. Fire Suppression for Equipment and
25 Transportation.--(a) Fire suppression systems for diesel-
26 powered equipment and fuel transportation units shall meet the
27 requirements of this section.
28 (b) The system must be an automatic multipurpose dry-powder
29 type fire suppression system suitable for the intended
30 application and listed or approved by a nationally recognized
20050S0949B1251 - 173 -
1 independent testing laboratory. Installation requirements are as
2 follows:
3 (1) The system shall be installed in accordance with the
4 manufacturer's specifications and the limitations of the listing
5 or approval.
6 (2) The system shall be installed in a protected location or
7 guarded to minimize physical damage from routine operations.
8 (3) Suppressant agent distribution tubing or piping of the
9 system shall be secured and protected against damage, including
10 pinching, crimping, stretching, abrasion and corrosion.
11 (4) Discharge nozzles of the system shall be positioned and
12 aimed for maximum fire suppression effectiveness in the
13 protected areas. Nozzles shall also be protected against the
14 entrance of foreign materials such as mud, coal dust or rock
15 dust that could prevent proper discharge of suppressant agent.
16 (c) The fire suppression system shall provide automatic fire
17 detection and suppression for all of the following:
18 (1) The engine, transmission, hydraulic pumps and tanks,
19 fuel tanks, exposed brake units, air compressors and battery
20 areas, as applicable, on all diesel-powered equipment.
21 (2) Fuel containers and electric panels or controls used
22 during fuel transfer operations on fuel transportation units.
23 (d) The fire suppression system shall include a system fault
24 and fire alarm annunciator that can be seen and heard by the
25 equipment operator.
26 (e) The fire suppression system shall provide for automatic
27 engine shutdown. Engine shutdown and discharge of suppressant
28 agent may be delayed for a maximum of fifteen seconds after the
29 fire alarm annunciator alerts the operator.
30 (f) At least two manual actuators shall be provided with at
20050S0949B1251 - 174 -
1 least one manual actuator at each end of the equipment. If the
2 equipment is provided with an operator's compartment, one of the
3 mechanical actuators shall be located in the compartment within
4 easy reach of the operator. For stationary equipment, the two
5 manual actuators shall be located with at least one actuator on
6 the stationary equipment and at least one actuator a safe
7 distance away from the equipment and in intake air.
8 Section 409. Fire Suppression for Storage Areas.--(a) Fire
9 suppression systems for diesel fuel storage areas shall meet the
10 requirements of this section.
11 (b) The system shall be an automatic multipurpose dry-powder
12 type fire suppression system or other system of equal
13 capability, suitable for the intended application and listed or
14 approved by a nationally recognized independent testing
15 laboratory. The system shall meet the following installation
16 requirements:
17 (1) The system shall be installed in accordance with the
18 manufacturer's specifications and the limitations of the listing
19 or approval.
20 (2) The system shall be installed in a protected location or
21 guarded to minimize physical damage from routine operations.
22 (3) Suppressant agent distribution tubing or piping of the
23 system shall be secured and protected against damage, including
24 pinching, crimping, stretching, abrasion and corrosion.
25 (4) Discharge nozzles of the system shall be positioned and
26 aimed for maximum fire suppression effectiveness in the
27 protected areas. Nozzles must also be protected against the
28 entrance of foreign materials such as mud, coal dust and rock
29 dust that could prevent proper discharge of suppressant agent.
30 (c) The fire suppressant system shall provide automatic fire
20050S0949B1251 - 175 -
1 detection and suppression for the fuel storage tanks,
2 containers, safety cans, pumps, electrical panels and control
3 equipment in fuel storage areas.
4 (d) Audible and visual alarms to warn of fire or system
5 faults shall be provided at the protected area and at a surface
6 location that is always staffed when persons are underground. A
7 means shall also be provided for warning all endangered persons
8 in the event of fire.
9 (e) Fire suppression systems shall include two manual
10 actuators with at least one located within the fuel storage
11 facility and at least one located a safe distance away from the
12 storage facility and in intake air.
13 (f) The fire suppression system shall remain operative in
14 the event of electrical system failure.
15 (g) If electrically operated, the detection and actuation
16 circuits shall be monitored and provided with status indicators
17 showing power and circuit continuity. If not electrically
18 operated, a means shall be provided to indicate the functional
19 readiness status of the system.
20 (h) Fire suppression devices shall be visually inspected at
21 least once each week by a person qualified to make such
22 inspection.
23 (i) Each fire suppression device shall be tested and
24 maintained.
25 (j) A record shall be maintained of the inspection required
26 by this subsection. The record of the weekly inspections shall
27 be maintained at an appropriate location for each fire
28 suppression device.
29 (k) All miners normally assigned to the active workings of a
30 mine shall be instructed about any hazards inherent to the
20050S0949B1251 - 176 -
1 operation of all fire suppression devices installed and, where
2 appropriate, the safeguards available for each device.
3 Section 410. Use of Certain Starting Aids Prohibited.--The
4 use of volatile or chemical starting aids is prohibited.
5 Section 411. Fueling.--(a) Fueling of diesel-powered
6 equipment shall not be conducted in the intake escapeway unless
7 the mine design and entry configuration make it necessary. In
8 those cases where fueling in the intake escapeway is necessary,
9 the mine operator shall submit a plan for approval to the
10 department outlining the special safety precautions that will be
11 taken to ensure the protection of miners. Such plan shall
12 specify a fixed location, such as end of the tail track or
13 adjacent to the load out point, where fueling will be conducted
14 in the intake escapeway and all other safety precautions that
15 will be taken, which shall include an examination of the area
16 for spillage or fire by a qualified person.
17 (b) Diesel fuel and other combustible materials shall be
18 cleaned up and not be permitted to accumulate anywhere in an
19 underground mine or on diesel-powered or electric equipment
20 located therein.
21 (c) At least one person specially trained in the cleanup and
22 disposal of diesel fuel spills shall be on duty at the mine when
23 diesel-powered equipment or mobile fuel transportation equipment
24 is being used or when any fueling of diesel-powered equipment is
25 being conducted.
26 Section 412. Fire and Safety Training.--(a) All underground
27 employes at the mine shall receive special instruction related
28 to fighting fires involving diesel fuel. This training may be
29 included in annual refresher training under MSHA regulations at
30 30 CFR Pt. 48 (relating to training and retraining of miners) or
20050S0949B1251 - 177 -
1 included in the fire drills required under MSHA regulations at
2 30 CFR § 75.1502 (relating to mine emergency evacuation and
3 firefighting program of instruction).
4 (b) All miners shall be trained in precautions for safe and
5 healthful handling and disposal of diesel-powered equipment
6 filters. All used intake air filters, exhaust diesel particulate
7 matter filters and engine oil filters shall be placed in their
8 original containers or other suitable enclosed containers and
9 removed from the underground mine to the surface. Arrangements
10 will be made for safe handling and disposal of these filters
11 within a timely manner after they have reached the surface.
12 Section 413. Maintenance.--(a) Diesel-powered equipment
13 shall be maintained in an approved and safe condition as
14 described in this article or removed from service. Failure of
15 the mine operator to comply with the maintenance requirements of
16 this subsection may result in revocation of the department's
17 approval of the complete diesel-powered equipment package,
18 provided appropriate notification has been given to the mine
19 operator and the procedures of this section have been taken.
20 Upon receiving such notice, the mine operator shall have thirty
21 days to submit a plan to achieve and maintain compliance. Such
22 plan shall be evaluated by the department, and, upon approval,
23 the mine operator shall implement the plan. The department shall
24 monitor the mine operator's compliance. If the department then
25 determines that the mine operator is unable or unwilling to
26 comply, the department shall revoke the mine operator's
27 approval.
28 (b) To acquire and maintain approval of a complete diesel-
29 powered equipment package, the mine operator shall comply with
30 the following requirements:
20050S0949B1251 - 178 -
1 (1) All service, maintenance and repairs of approved
2 complete diesel-powered equipment packages shall be performed by
3 mechanics who are trained and qualified in accordance with
4 section 422.
5 (2) Service and maintenance of approved complete diesel-
6 powered equipment packages shall be performed according to:
7 (i) The specified routine maintenance schedule.
8 (ii) On-board performance and maintenance diagnostics
9 readings.
10 (iii) Emissions test results.
11 (iv) Component manufacturer's recommendations.
12 Section 414. Records.--(a) A record shall be made of all
13 emissions tests, preoperational examinations and maintenance and
14 repairs of complete diesel-powered equipment packages. The
15 records made pursuant to this section shall meet the
16 requirements of this section.
17 (b) The person performing the emissions test, examination,
18 maintenance or repair shall certify by date, time, engine hour
19 reading and signature that the emissions test, examination,
20 maintenance or repair was made.
21 (c) Records of emissions tests and examinations shall
22 include the specific results of such tests and examinations.
23 (d) Records of maintenance and repairs shall include the
24 work that was performed, any fluids or oil added, parts replaced
25 or adjustments made and the results of any subsequently required
26 emissions testing.
27 (e) Records of preoperational examinations shall be retained
28 for the previous one hundred-hour maintenance cycle.
29 (f) Records of emissions tests, one hundred-hour maintenance
30 tests and repairs shall be countersigned once each week by the
20050S0949B1251 - 179 -
1 certified mine electrician or mine foreman.
2 (g) All records, except as specified in subsection (e),
3 required by this section shall be retained for at least one year
4 at a surface location at the mine and made available for
5 inspection by the department and by miners and their
6 representatives.
7 Section 415. Duties of Operator.--(a) Prior to using a
8 piece of diesel-powered equipment during a shift, an equipment
9 operator shall conduct an examination as follows:
10 (1) Check the exhaust emissions control and conditioning
11 system components to determine that the components are in place
12 and not damaged or leaking.
13 (2) Assure that the equipment is clean and free of
14 accumulations of combustibles.
15 (3) Assure that the machine is loaded safely.
16 (4) Check for external physical damage.
17 (5) Check for loose or missing connections.
18 (6) Check engine oil level.
19 (7) Check transmission oil level.
20 (8) Check other fluid levels, if applicable.
21 (9) Check for hydraulic, coolant and oil leaks.
22 (10) Check fan, water pump and other belts.
23 (11) Check the fan for damage.
24 (12) Check guards.
25 (13) Check the fuel level.
26 (14) Check for fuel leaks.
27 (15) Comply with recordkeeping requirements pursuant to
28 section 414.
29 (b) After the engine is started and warmed up, the equipment
30 operator shall conduct an examination as follows:
20050S0949B1251 - 180 -
1 (1) Check all on-board engine performance and maintenance
2 diagnostics system gauges for proper operation and in-range
3 readings. The equipment operator shall immediately shut down the
4 engine and notify the operator if the on-board readings indicate
5 any of the following:
6 (i) Intake restriction at full engine speed is greater than
7 the manufacturer's recommendation.
8 (ii) Exhaust restriction at full engine speed is greater
9 than the manufacturer's recommendation.
10 (iii) Coolant temperature is at or near two hundred twelve
11 degrees Fahrenheit.
12 (iv) Low engine oil pressure.
13 (v) High engine oil temperature.
14 (2) Check safety features, including, but not limited to,
15 the throttle, brakes, steering, lights and horn.
16 (3) Comply with recordkeeping requirements pursuant to
17 section 414.
18 Section 416. Scheduled Maintenance.--At intervals not
19 exceeding one hundred hours of engine operation, a qualified
20 mechanic shall perform the following maintenance and make all
21 necessary adjustments or repairs or remove the equipment from
22 service:
23 (1) Wash or steam-clean the equipment.
24 (2) Check for and remove any accumulations of coal, coal
25 dust or other combustible materials.
26 (3) Check the equipment for damaged or missing components or
27 other visible defects.
28 (4) Conduct electrical and safety component inspections.
29 (5) Replace engine oil and filter. The Technical Advisory
30 Committee in accordance with section 424 may recommend a
20050S0949B1251 - 181 -
1 replacement interval greater than one hundred hours.
2 (6) Check the transmission oil level and add oil, if
3 necessary.
4 (7) Check hydraulic oil level and add oil, if necessary.
5 (8) Check the engine coolant level and add coolant, if
6 necessary.
7 (9) Check all other fluid levels and add fluid, if
8 necessary.
9 (10) Check for oil, coolant and other fluid leaks.
10 (11) Inspect the cooling fan, radiator and shroud. Remove
11 any obstructions and make necessary repairs.
12 (12) Check all belts. Tighten or replace, if necessary.
13 (13) Check the battery and service as necessary.
14 (14) Check the automatic fire suppression system.
15 (15) Check the portable fire extinguisher.
16 (16) Check the lights.
17 (17) Check the warning devices.
18 (18) With the engine operating, check and replace or repair
19 the following:
20 (i) Oil pressure.
21 (ii) Intake air restriction at full engine speed.
22 (iii) Exhaust gas restriction at full engine speed.
23 (iv) Exhaust flame arrestor.
24 (v) All gauges and controls.
25 (19) Conduct repeatable loaded engine operating test in
26 accordance with section 418.
27 (20) Evaluate and interpret the results of all of the above
28 tests and examinations and make all necessary repairs or remove
29 equipment from service.
30 (21) Comply with recordkeeping requirements pursuant to
20050S0949B1251 - 182 -
1 section 414.
2 Section 417. Emissions Monitoring and Control.--(a)
3 Emissions for diesel-powered equipment shall be monitored and
4 controlled as provided in this section.
5 (b) When any diesel-powered machine first enters service at
6 a mine, baseline emission values shall be determined by a
7 qualified mechanic. Unless the Technical Advisory Committee in
8 accordance with section 424 recommends an alternate procedure,
9 the qualified mechanic shall:
10 (1) Verify that the seal on the engine fuel injector is in
11 place and that the proper fuel pump is on the equipment.
12 (2) Install a new clean intake air cleaner, measure and
13 record the intake restriction pressure.
14 (3) Check the level of engine oil.
15 (4) Change the engine lubrication oil if not fresh.
16 (5) Check the level of the transmission fluid.
17 (6) Flush the exhaust system, if needed, measure and record
18 the exhaust back pressure. If exhaust gas back pressure is above
19 that recommended by the manufacturer, then steps must be taken
20 to bring the exhaust gas back pressure within the manufacturers
21 recommended limit prior to beginning the test described in this
22 section.
23 (7) Test the brakes.
24 (8) Place the equipment into an intake entry.
25 (9) Set the brakes and chock the wheels.
26 (10) Install the portable carbon monoxide sampling device
27 into the untreated exhaust gas coupling provided in the
28 operator's cab.
29 (11) Start the engine and allow it to warm up to operating
30 temperature.
20050S0949B1251 - 183 -
1 (12) For mobile equipment, shift into the highest gear and
2 put the engine at full throttle, or, for stationary equipment,
3 induce a load and put the engine at full throttle.
4 (13) Start the carbon monoxide sampler and measure and
5 record carbon monoxide levels every minute for five minutes.
6 (14) Comply with recordkeeping requirements pursuant to
7 section 414.
8 (15) An alternative to the testing provided in paragraphs
9 (1) through (14) may be developed by the advisory committee in
10 accordance with section 424.
11 Section 418. Diagnostic Testing.--(a) At intervals not
12 exceeding once every one hundred hours of engine operation, a
13 qualified mechanic shall perform equipment maintenance
14 diagnostic testing of each piece of diesel-powered equipment in
15 the mine. The qualified mechanic shall do all of the following:
16 (1) Verify the identification numbers on the equipment and
17 check the level of the engine lubricating oil.
18 (2) Check the level of the transmission fluid.
19 (3) Set the brakes and chock the wheels.
20 (4) Install the portable carbon monoxide sampling device
21 into the untreated exhaust port coupling provided in the
22 operator's cab.
23 (5) Start the engine and allow it to warm up to operating
24 temperature.
25 (6) Check the intake restriction and the exhaust back
26 pressure at high idle speed.
27 (7) If the intake restriction is more than the
28 manufacturer's maximum recommended intake restriction, replace
29 the intake filter with a clean one.
30 (8) If the exhaust back pressure is more than the
20050S0949B1251 - 184 -
1 manufacturer's maximum recommended exhaust back pressure,
2 replace the diesel particulate filter with a clean one and/or
3 clean out the heat exchanger.
4 (9) For mobile equipment, shift into the highest gear and
5 put the engine at full throttle, or, for stationary equipment,
6 induce a load and put engine at full throttle.
7 (10) Start the carbon monoxide sampler and record carbon
8 monoxide levels every minute for five minutes.
9 (11) Install the portable carbon monoxide sampling device
10 into the treated exhaust port coupling provided in the
11 operator's cab and repeat paragraphs (10) and (11). If the
12 average carbon monoxide reading for untreated exhaust gas is
13 greater than twice the baseline established under section 417 or
14 if the average carbon monoxide reading for treated exhaust gas
15 is greater than 100 ppm, the equipment has failed and must be
16 serviced and retested before it is returned to regular service.
17 (12) Comply with recordkeeping requirements pursuant to
18 section 414.
19 (b) An alternative to the testing provided in subsection (a)
20 may be developed by the Technical Advisory Committee in
21 accordance with section 424.
22 Section 419. Exhaust Gas Monitoring and Control.--(a) In
23 monitoring and controlling exhaust gases, the ambient
24 concentration of exhaust gases in the mine atmosphere shall not
25 exceed 35 ppm ceiling for carbon monoxide, 25 ppm ceiling for
26 nitric oxide and 3 ppm ceiling for nitrogen dioxide. The
27 concentration of these exhaust gases shall be measured at the
28 equipment operator's or equipment attendant's position and inby
29 the last piece of diesel-powered equipment operating in the same
30 split of air. Measurements shall be made weekly or more often if
20050S0949B1251 - 185 -
1 necessary by a qualified person and shall be conducted pursuant
2 to the requirements of this section.
3 (b) Measurement of exhaust gases shall be made with a
4 sampling instrument no less precise than detector tubes.
5 (c) If the concentration of any of the gases listed in
6 subsection (a) is seventy-five per cent or more of its exposure
7 limit, changes to the use of the diesel equipment, the mine
8 ventilation or other modifications to the mining process shall
9 be made.
10 (d) If the concentration of any of the gases listed in
11 subsection (a) exceeds the exposure limit, the diesel-powered
12 equipment operating in that split of air shall be removed from
13 service immediately and corrective action taken. After
14 corrective action has been taken by the mine operator, the
15 diesel equipment may be returned to service in its regular
16 operating mode for emissions testing purposes only, and
17 emissions testing shall be conducted immediately to assure that
18 the concentration does not exceed seventy-five per cent of the
19 exposure limit. Corrective action must be taken until the
20 concentration does not exceed seventy-five per cent of the
21 exposure limit before the diesel equipment can be returned to
22 full operation.
23 (e) In addition to the other maintenance requirements set
24 forth in this article, the mine operator shall comply with the
25 following requirements:
26 (1) Repair or adjustment of the fuel injection system shall
27 only be performed by qualified mechanics authorized by the
28 engine manufacturer.
29 (2) Complete testing of the emissions system in accordance
30 with section 418 shall be conducted prior to any piece of
20050S0949B1251 - 186 -
1 diesel-powered equipment being put into service, after any
2 repair or adjustment to the fuel delivery system, engine timing
3 or exhaust emissions control and conditioning system.
4 (3) Service and maintenance of the intake air filter,
5 exhaust particulate filter and the exhaust system shall be
6 performed at specific time intervals based on the component
7 manufacturer's recommendation, compliance with the engine or
8 emissions control operation specifications and, as needed, based
9 on the on-board diagnostics and/or emissions test results.
10 Accurate records shall be maintained of all such service and
11 maintenance.
12 Section 420. Training and General Requirements.--(a) All
13 training course instructors and all training plans required by
14 this section and sections 421 and 422 shall be approved by the
15 department. Operator training and qualification shall meet the
16 requirements of this section.
17 (b) Training shall be conducted in the basics of the
18 operation of a diesel engine, Federal and State regulations
19 governing their use, company rules for safe operation, specific
20 features of each piece of equipment and the ability to recognize
21 problems and shall be provided to each equipment operator and
22 the mine health and safety committee if one exists. This
23 training shall be designed to bring every operator to a level of
24 good understanding of diesel equipment operation. Each operator
25 will be qualified by attending a minimum eight-hour course,
26 including classroom training on diesel fundamentals and
27 equipment-specific hands-on training on the job.
28 (c) Upon successful completion of both training sessions,
29 the operator shall be issued a Certificate of Qualification that
30 qualifies him or her to operate a specific type of diesel-
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1 powered equipment. An operator may be qualified to operate more
2 than one type of equipment by completing additional equipment-
3 specific training covering differences specific to each
4 additional type of equipment.
5 (d) Refresher training, separate from that required by MSHA
6 regulations at 30 CFR Pt. 48 (relating to the training and
7 retraining of miners), shall be required annually.
8 (e) The minimum eight-hour training required by subsection
9 (b) shall include instruction in the following classroom
10 subjects:
11 (1) Engine fundamentals, which shall include an introduction
12 to the function of a diesel engine and recognition of all major
13 components and their functions.
14 (2) Diesel regulations, which shall include an introduction
15 to Federal and State regulations governing the use of diesel
16 equipment.
17 (3) Diesel emissions, which shall include an introduction to
18 diesel emissions and their adverse health effects.
19 (4) Factors that affect diesel emissions, which shall
20 include a detailed presentation of engine faults and diesel fuel
21 quality and their effect on emissions and the preventive actions
22 that can be taken to minimize emissions levels.
23 (5) Emissions control devices, which shall include a
24 detailed presentation of the different emissions control devices
25 employed to reduce emissions and details about actions the
26 operator must take to keep the devices in working order.
27 (6) Diagnostic techniques, which shall include a
28 presentation of techniques that can be employed by the operator
29 to assure the equipment is in safe operating condition and
30 instruction about how to recognize and diagnose certain engine
20050S0949B1251 - 188 -
1 faults that may cause increases in emissions.
2 (7) The preoperational inspection, which shall include a
3 presentation of the purpose, benefits and requirements of the
4 preoperational inspection.
5 (8) Ventilation, which shall include an introduction to
6 special ventilation requirements for areas where diesel-powered
7 equipment will operate.
8 (9) Fire suppression system, which shall include an
9 introduction to the fire suppression system and its function and
10 when and how to activate the fire suppression manually.
11 (10) Operating rules, which shall include a detailed
12 presentation of the driving rules, safe driving speeds, traffic
13 control devices and equipment limitations.
14 (11) Emergency procedures, which shall include discussion of
15 emergency situations, such as fire, diesel fuel spills,
16 component failure, loss of ventilation air and emergency escape
17 procedures and discussion of the potential use of the diesel-
18 powered vehicle as an emergency escape vehicle in case of a mine
19 emergency situation.
20 (12) Recordkeeping and reporting procedures, which shall
21 include a presentation on required recordkeeping and reporting
22 procedures for problems or unsafe conditions, high emissions
23 level and preoperational inspections made by the equipment
24 operator.
25 (f) A new Certificate of Qualification shall be issued
26 annually after the equipment operator has received the annual
27 refresher training.
28 Section 421. Equipment-Specific Training.--Equipment-
29 specific hands-on orientation training shall be given in an area
30 of the mine where the equipment will be operated. This
20050S0949B1251 - 189 -
1 orientation shall be specific to the type and make of the diesel
2 machine and shall be presented in small groups. The following
3 subjects shall be included in the training:
4 (1) Equipment layout, which shall include familiarization
5 with the layout of the equipment, the operator's compartments
6 and the controls.
7 (2) Preoperation inspection, which shall include
8 familiarization with the preoperation inspection procedure and
9 review of specific details of the inspection and location of the
10 components to be inspected.
11 (3) Equipment limitations, which shall include instruction
12 relating to equipment performance, speeds, capacities and blind
13 areas.
14 (4) Operating areas, which shall include instruction
15 relating to areas in which the equipment may be operated.
16 (5) Operation, which shall include familiarization with the
17 controls, gauges and warning devices and safe operating limits
18 of all indicating gauges.
19 (6) Refueling procedure, which shall include familiarization
20 with fuel handling, permissible refueling areas, spill
21 prevention, cleanup and potential hazards from diesel fuel.
22 (7) Emergency devices, which shall include instruction
23 relating to the location and use of the fire extinguisher and
24 fire suppression devices.
25 (8) Driving practice, which shall include supervised
26 operation of the equipment.
27 Section 422. Diesel Mechanic Training.--(a) Diesel
28 mechanics shall be trained and qualified to perform maintenance,
29 repairs and testing of the features of diesel equipment
30 certified by MSHA and the department.
20050S0949B1251 - 190 -
1 (b) To be qualified, a diesel mechanic must successfully
2 complete a minimum of sixteen hours of a training program
3 approved by the department regarding the general function,
4 operation, maintenance and testing of emissions control and
5 conditioning components. The diesel mechanic must be qualified
6 to perform these tasks on the specific machines used at the mine
7 or mines where they are employed. Additional engine-specific
8 training shall be provided to diesel mechanics in accordance
9 with a plan approved by the department.
10 (c) Annual retraining programs for diesel mechanics shall be
11 required and approved by the department. The annual retraining
12 shall include refresher training as well as new procedure and
13 new technology training as necessary. Such training shall be
14 separate from refresher training pursuant to MSHA regulations at
15 30 CFR Pt. 48 (relating to training and retraining of miners)
16 and electrical training required by MSHA.
17 (d) The minimum sixteen-hour diesel mechanic training
18 programs shall be submitted for approval to the department and
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 diesel
24 equipment.
25 (3) Emissions control system design and component technical
26 training.
27 (4) On-board engine performance and maintenance diagnostics
28 system design and component technical training.
29 (5) Service and maintenance procedures and requirements for
30 the emissions control systems.
20050S0949B1251 - 191 -
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 procedures.
9 (11) Intake air system design and components technical
10 training and maintenance procedures.
11 (12) Engine shutdown device tests and maintenance.
12 (13) Special instructions regarding components, such as the
13 fuel injection system, that shall only be repaired and adjusted
14 by a qualified mechanic who has received special training and is
15 authorized to make such repairs or adjustments by the component
16 manufacturer.
17 (14) Instruction on recordkeeping requirements for
18 maintenance procedures and emissions testing.
19 (15) Other subjects determined by the department to be
20 necessary to address specific health and safety needs.
21 Section 423. Operation of Diesel-Powered Equipment.--(a) In
22 addition to other requirements of this article, diesel-powered
23 equipment shall be operated pursuant to the standards set forth
24 in this section.
25 (b) All diesel-powered equipment shall be attended while in
26 operation with the engine running in underground mines.
27 (c) Unnecessary idling of diesel-powered equipment shall be
28 prohibited.
29 (d) All roadways where diesel-powered equipment is operated
30 shall be maintained as free as practicable from bottom
20050S0949B1251 - 192 -
1 irregularities, debris and wet or muddy conditions that will
2 affect control of the equipment.
3 (e) Operating speeds shall be consistent with conditions of
4 roadways, grades, clearances, visibility and traffic and type of
5 equipment used.
6 (f) Equipment operators shall have full control of the
7 mobile equipment while it is in motion.
8 (g) Traffic rules, including speed, signals and warning
9 signs, shall be standardized at each mine and posted.
10 (h) All diesel-powered equipment shall be maintained in a
11 safe and healthful operating condition. Equipment in an unsafe
12 or unhealthful condition or not maintained in accordance with
13 the engine or emissions control operating specifications shall
14 be removed from service immediately and shall not be returned to
15 service until all necessary corrective actions have been taken.
16 Section 424. Technical Advisory Committee.--(a) The
17 Technical Advisory Committee is hereby created for the purpose
18 of advising the department concerning technology, methods,
19 materials, machinery, equipment, supplies, tools, devices, or
20 processes which are at variance with the provisions of this
21 statute or the regulations promulgated pursuant hereto.
22 Alternatives recommended by the advisory committee and/or
23 approved by the department shall not reduce or compromise the
24 level of health and safety protection afforded by this act and
25 the regulations promulgated pursuant hereto.
26 (b) The advisory committee shall consist of two members who
27 shall be residents of this Commonwealth and appointed by the
28 Governor. The Governor shall appoint one member to represent the
29 viewpoint of the coal operators in this Commonwealth within
30 thirty days of receipt of a list containing one or more nominees
20050S0949B1251 - 193 -
1 submitted by the major trade association representing coal
2 operators in this Commonwealth. The Governor shall also appoint
3 one member to represent the viewpoint of the working miners in
4 this Commonwealth within thirty days from receipt of a list
5 containing one or more nominees submitted by the highest ranking
6 official within the major employe organization representing coal
7 miners in this Commonwealth.
8 (c) Members of the advisory committee shall be appointed for
9 a term of three years. If renominated and reappointed, a member
10 may serve an unlimited number of successive three-year terms.
11 (d) Members of the advisory committee shall be compensated
12 on a per diem basis of one hundred fifty dollars ($150) per day,
13 plus all expenses reasonably incurred while performing their
14 official duties. Such compensation shall be adjusted annually by
15 the department to account for inflation since February 17, 1997,
16 based on the rate of inflation identified by the Consumer Price
17 Index published by the United States Department of Labor.
18 (e) The advisory committee shall meet at least twice during
19 each calendar year or more often as may be necessary.
20 (f) All actions of the advisory committee shall require the
21 participation of both members which shall constitute a quorum.
22 (g) Upon application of a coal miner, coal mine operator,
23 manufacturer, diesel-related technology manufacturer or on its
24 own motion, the advisory committee shall consider requests for
25 the use of alternative diesel-related health and safety
26 technologies with general underground mining industry
27 application that are consistent with this article. Approval of
28 an application made under this subsection shall make the
29 alternative technology or method available for use by any coal
30 operator in this Commonwealth but shall not be construed to
20050S0949B1251 - 194 -
1 require that a coal mine operator use such approved alternative
2 technology or method. Upon receipt of an application, the
3 advisory committee shall conduct an investigation, which
4 investigation shall include consultation with a representative
5 or representatives of the major trade association representing
6 coal operators in this Commonwealth and with a representative or
7 representatives of the major employe organization representing
8 coal miners in this Commonwealth.
9 (h) Upon application of a coal mine operator, the advisory
10 committee shall consider site-specific requests for use of
11 alternative technologies. The committee's recommendations on
12 applications submitted under this subsection shall be on a mine-
13 by-mine basis. Upon receipt of a site-specific application, the
14 advisory committee shall conduct an investigation, which
15 investigation shall include consultation with the mine operator
16 and the authorized representatives of the miners at the mine.
17 Authorized representatives of the miners shall include a mine
18 health and safety committee elected by miners at the mine, a
19 person or persons employed by an employe organization
20 representing miners at the mine, or a person or persons
21 authorized as the representative or representatives of miners of
22 the mine in accordance with MSHA regulations at 30 CFR Pt. 40
23 (relating to representative of miners). Where there is no
24 authorized representative of the miners, the advisory committee
25 shall consult with a reasonable number of miners at the mine.
26 (i) Timing.
27 (1) Within one hundred eighty days of receipt of an
28 application for use of an alternative, the advisory committee
29 shall complete its investigation and make a recommendation to
30 the department. The time period may be extended with the consent
20050S0949B1251 - 195 -
1 of the applicant.
2 (2) The advisory committee shall forward to the department
3 one of the following three possible recommendations:
4 (i) A unanimous recommendation to approve the application
5 for use of the alternative.
6 (ii) A unanimous recommendation to reject the application
7 for use of the alternative.
8 (iii) A divided recommendation where one member of the
9 advisory committee recommends approval of the application for
10 use of the alternative and one member of the advisory committee
11 recommends rejection of the application for use of the
12 alternative.
13 (3) In the event recommendations described in subparagraphs
14 (i) and (ii) of paragraph (2) are forwarded to the department by
15 the advisory committee, the department shall have thirty days in
16 which to render a final decision adopting or rejecting the
17 advisory committee's recommendation and the application. In the
18 event of a divided recommendation as described in subparagraph
19 (iii) of paragraph (2), the department shall, within thirty
20 days, convene a meeting with the members of the advisory
21 committee to discuss the reasons for the divided recommendation
22 and to determine whether additional information and further
23 discussion might result in a unanimous recommendation by the
24 advisory committee. The department shall render a decision on
25 the application within thirty days from the date of the meeting
26 with the advisory committee.
27 (4) The advisory committee members shall only recommend
28 approval of an application made under this section if, at the
29 conclusion of the investigation, the committee members have made
30 a determination that the use of the alternative would not reduce
20050S0949B1251 - 196 -
1 or compromise the level of health and safety protection afforded
2 by this statute and the regulations promulgated pursuant hereto.
3 (5) Any advisory committee recommendation to the department
4 for approval of an application made under this section for the
5 use of an alternative shall be made in writing and shall include
6 the results of its investigation and specific conditions for use
7 of the alternative.
8 (6) An advisory committee decision to reject an application
9 made under this section for use of an alternative shall be made
10 in writing to the department and shall outline in detail the
11 basis for the rejection.
12 (7) In the event of a divided vote as described in
13 subparagraph (iii) of paragraph (2) each member of the committee
14 shall submit a detailed report to the department within fourteen
15 days of the committee's vote, outlining the members' position
16 for or against the application.
17 (j) Within thirty days of receipt of an advisory committee's
18 unanimous recommendation to approve an application made under
19 this section, the department shall approve or reject, without
20 modification except as unanimously approved by the advisory
21 committee, the advisory committee's recommendations, including
22 all recommended conditions for use. Any alternative approved by
23 the department shall not reduce or compromise the level of
24 health and safety protection afforded by this statute and the
25 regulations promulgated pursuant hereto. The time period for the
26 department's decision may be extended with the consent of the
27 applicant.
28 (k) The department shall establish, based on the
29 recommendations made by the advisory committee, conditions for
30 use of the alternative. All conditions for use proposed by the
20050S0949B1251 - 197 -
1 advisory committee shall be considered by the department and
2 shall be adopted or rejected by the department without
3 modification, except as approved by the advisory committee.
4 (l) In performing its functions, the advisory committee
5 shall have access to the services of the department. The
6 department shall make clerical support and assistance available
7 to enable the advisory committee to carry out its duties. Upon
8 the request of both members of the advisory committee, the
9 department may draft proposed conditions for use and reports, or
10 perform investigations.
11 (m) The powers and duties of the advisory committee shall be
12 limited to matters regarding the use of alternatives in
13 underground mines.
14 (n) Funding to operate the advisory committee and implement
15 the provisions of this article is to be derived from the general
16 government appropriation for the department.
17 (o) The advisory committee shall not be subject to the
18 requirements of 65 Pa.C.S. Ch. 7 (relating to open meetings).
19 ARTICLE V.
20 ENFORCEMENT AND REMEDIES.
21 Section 501. Public Nuisances.--Any violation of any
22 provision of this act, any rule or regulation of the department,
23 any order of the department, or any term or condition of any
24 permit, shall constitute a public nuisance. Any person engaging
25 in, tolerating or authorizing such activity shall be required to
26 abate such nuisance and/or be liable for all of the costs
27 incurred by the department for the abatement of such nuisance.
28 Section 502. Enforcement Orders and Duty to Comply.--(a)
29 The department may issue orders to such persons as it deems
30 necessary to enforce this act, any rules and regulations
20050S0949B1251 - 198 -
1 promulgated pursuant hereto and any approvals or permits issued
2 by the department; to effectuate the purposes of this act; and
3 to protect the health and safety of those who work in and around
4 mines in this Commonwealth, and the general public. An appeal to
5 the Environmental Hearing Board shall not act as a supersedeas.
6 The power of the department to issue an order under this act is
7 in addition to any other remedy available to the department
8 under this act or any other provision of law.
9 (b) It shall be the duty of any person to proceed diligently
10 to comply in full with any order issued by the department. If
11 such person fails to proceed diligently or to comply in full
12 with such order within the time set by the department for
13 compliance, such person shall be guilty of contempt and shall be
14 punished by the court in an appropriate manner, and, for this
15 purpose, application may be made to the Commonwealth Court,
16 which court is hereby granted jurisdiction.
17 Section 503. Restraining Violations.--(a) In addition to
18 any other remedies provided in this or any other act, the
19 department may institute a suit in equity in the name of the
20 Commonwealth when a violation of law or nuisance or threat to
21 the health and safety of those who work in and around mines
22 exists, the department may seek an injunction to restrain any of
23 the following:
24 (1) Violation of this act; regulations promulgated under
25 this act; or approvals, standards, orders or permits issued by
26 the department under this act.
27 (2) Creation and maintenance of a nuisance or of a threat to
28 the health and safety of those who work in and around mines.
29 (b) In any such proceeding, the court shall, upon motion of
30 the Commonwealth, issue a prohibitory or mandatory injunction if
20050S0949B1251 - 199 -
1 it finds that the defendant or respondent is engaging in conduct
2 that violates this act, the rules and regulations promulgated
3 pursuant hereto, or any approval, standard, order or permit
4 issued by the department, or that poses any threat to the health
5 and safety of those who work in and around mines. In proceedings
6 pursuant to this section, the court may, in addition to granting
7 an injunction, levy civil penalties against the defendant or
8 respondent.
9 (c) The Commonwealth shall not be required to post any bond
10 in connection with proceedings brought under this section.
11 (d) The Commonwealth may institute proceedings pursuant to
12 this section in any appropriate court of common pleas or in the
13 Commonwealth Court, which courts are hereby granted jurisdiction
14 to hear and decide such actions.
15 Section 504. Mandatory Civil Penalties; Individuals.--(a)
16 Certain intentional or reckless behaviors by workers are
17 declared to pose an imminent and substantial threat to their own
18 health and safety and to the health and safety of others. Those
19 behaviors are: venturing into areas with unsupported roof;
20 failure to make gas checks when required; working on powered
21 equipment without de-energizing, locking out, and tagging that
22 equipment; changing approved equipment; defeating a safety
23 device; disabling an alarm; possessing or using alcohol, drugs,
24 or smoking materials in a manner contrary to the requirements of
25 this act.
26 (b) When it has evidence that an individual has engaged in
27 any of the behaviors in subsection (a), the department shall
28 assess a civil penalty in the amount of five hundred dollars
29 ($500) against that individual. Assessment of penalties under
30 this section does not preclude the department from exercising
20050S0949B1251 - 200 -
1 any other remedy available to it.
2 Section 505. Mandatory Civil Officials Penalties; Mine
3 Officials.--(a) Certain behaviors by mine officials are
4 declared to pose an imminent and substantial threat to the
5 health and safety of miners. Those behaviors are: assigning an
6 employe without adequate competence to perform the assigned
7 work; requiring or condoning an individual to violate this act
8 or to perform an unsafe act; failing to perform a proper
9 examination; failing to abate promptly the dangers identified
10 through a mine examination; supplying inaccurate information to
11 the department; and failing to evacuate the mine when required
12 to do so by a provision of this act.
13 (b) When it has evidence that an individual has engaged in
14 any of the behaviors in subsection (a), the department shall
15 assess a civil penalty in the amount of two thousand five
16 hundred dollars ($2,500) against that mine official. The penalty
17 shall be assessed whether or not the violation was willful or
18 negligent. Assessment of penalties under this section does not
19 preclude the department from exercising any other remedy
20 available to it.
21 Section 506. Mandatory Civil Penalties; Operators.--In every
22 instance in which a mandatory civil penalty is assessed against
23 an individual miner and/or a mine official, the department shall
24 assess a civil penalty in the same amount against the operator
25 of the mine at which the violations occurred. In the event that
26 the department finds that the operator directed or condoned an
27 unsafe act or a violation of the act, the following shall apply:
28 For the first infraction, a fine of one hundred thousand dollars
29 ($100,000) shall be assessed against the operator, and the
30 person who directed or condoned the action shall be removed from
20050S0949B1251 - 201 -
1 any position of command and control. For the second and
2 subsequent such infractions, the operator shall be assessed a
3 fine of five hundred thousand dollars ($500,000) and the person
4 who directed or condoned the action shall be removed from any
5 position of command and control.
6 Section 507. Process for Assessing Civil Penalties.--(a) If
7 the department assesses a civil penalty, it shall inform the
8 person of the amount of the penalty. The person assessed with
9 the penalty shall then have thirty days to pay the penalty in
10 full or, if the person wishes to contest the amount of the
11 penalty, the person shall, within such thirty-day period, file
12 an appeal of the department's assessment with the Environmental
13 Hearing Board. Failure to appeal within thirty days shall result
14 in a waiver of all legal rights to contest the amount of the
15 penalty.
16 (b) The amount assessed after administrative hearing or
17 after waiver of administrative hearing shall be payable to the
18 Commonwealth shall be collectible in any manner provided under
19 law for the collection of debts. If any person liable to pay any
20 such penalty neglects or refuses to pay the same after demand,
21 the amount, together with interest and any costs that may
22 accrue, shall constitute a judgment in favor of the Commonwealth
23 upon the property of such person from the date it has been
24 entered and docketed or recorded by the prothonotary of the
25 county where such property is situated. The department may, at
26 any time, transmit to the prothonotaries of the respective
27 counties certified copies of all such judgments, and it shall be
28 the duty of each prothonotary to enter and docket the judgments
29 in the prothonotary's office, and to index it as judgments are
30 indexed, without requiring the payment of costs as a condition
20050S0949B1251 - 202 -
1 precedent to the entry thereof.
2 Section 508. Criminal Penalties.--(a) Any person who
3 recklessly or willingly violates any provision of this act, the
4 rules and regulations of the department, or any approval,
5 standard, order, or permit issued by the department, or submits
6 false information to the department, shall be guilty of a felony
7 of the second degree and, upon conviction, shall be sentenced to
8 pay a fine of not less than two thousand five hundred dollars
9 ($2,500) and not more than one hundred thousand dollars
10 ($100,000) and costs, or to undergo imprisonment for not more
11 than ten years, or both.
12 (b) Any person who recklessly or willingly violates any
13 provision of this act, the rules and regulations of the
14 department, or any approval, standard, order, or permit issued
15 by the department, or submits false information to the
16 department, and that violation results in the death of or
17 substantial bodily injury to any person, shall be guilty of a
18 felony of the first degree and, upon conviction, shall be
19 sentenced to pay a fine of not less than ten thousand dollars
20 ($10,000) and not more than five hundred thousand dollars
21 ($500,000) and costs, or to undergo imprisonment for not more
22 than twenty years, or both.
23 (c) Each violation for each separate day and each violation
24 of any provision of this act, any rule or regulation of the
25 department, or approval, standard, permit or order of the
26 department shall, constitute a separate and distinct offense
27 under this section.
28 Section 509. Search Warrants.--(a) Any agent or employe of
29 the department may apply for a search warrant, to any
30 Commonwealth official authorized to issue a search warrant, for
20050S0949B1251 - 203 -
1 the purposes of inspecting any mine, property, building,
2 premises, place, book, record or other physical evidence, of
3 conducting tests, or of taking photographs, videography or
4 samples.
5 (b) Such warrant shall be issued upon probable cause. It
6 shall be sufficient probable cause for the department to show
7 any of the following:
8 (1) that the inspection, examination, test or sampling is
9 pursuant to the department's general inspection of mines and
10 investigations at mines;
11 (2) that the agent or employe has reason to believe that a
12 violation of this act, a rule or regulation, or an approval,
13 standard, permit or order of the department, has occurred or may
14 occur; or
15 (3) that the agent or employe has been refused access to the
16 mine, property, building, premise, place, book, record, or
17 physical evidence or has been prevented from conducting tests or
18 taking samples, photographs, videography or samples.
19 Section 510. Unlawful Conduct.--(a) It shall be unlawful
20 for a person to do any of the following:
21 (1) Violate any provision of this act, a rule or regulation,
22 or an approval, standard, permit or order of the department.
23 (2) Cause or assist another in violation of this act, a rule
24 or regulation, or an approval, standard, permit or order of the
25 department.
26 (3) Violate the provisions of 18 Pa.C.S. § 4903 (relating to
27 false swearing) or 4904 (relating to unsworn falsification to
28 authorities).
29 (4) Refuse, hinder, obstruct, delay or threaten any agent or
30 employe of the department in the course of performance of any
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1 duty under this act, including, but not limited to, entry and
2 inspection, under any circumstances.
3 (b) A person engaging in conduct described in subsection (a)
4 shall be subject to the provisions of this article.
5 Section 511. Collection of Fines and Penalties.--All fines
6 and penalties shall be collectible in any manner provided by law
7 for collection of debts. If any person liable to pay such
8 penalty neglects or refuses to pay the same after demand, the
9 amount, together with interests and any costs that may accrue,
10 shall be a judgment in favor of the Commonwealth upon the
11 property of such person, but only after the same has been
12 entered and docketed of record by the prothonotary of the county
13 where such property is situated. The department may, at any
14 time, transmit to the prothonotaries of the respective counties
15 certified copies of all such judgment, and it shall be the duty
16 of each prothonotary to enter and docket the same of record in
17 his office and to index the same as judgments are indexed,
18 without requiring the payments of costs as a condition precedent
19 to the entry thereof.
20 Section 512. Forfeiture.--Any vehicle, equipment or
21 conveyance used for or in association with the commission of any
22 offense under this article shall be deemed contraband and shall
23 be seized and forfeited to the department. The provisions of law
24 relating to the process for seizure, summary and judicial
25 forfeiture, and condemnation of intoxicating liquor shall apply
26 to seizures and forfeitures under the provisions of this
27 section.
28 Section 513. Right to Intervene in Proceedings.--Any person
29 having an interest which is or may be adversely affected shall
30 have the right, on his own behalf, without posting bond, to
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1 intervene in any action brought by the Commonwealth or appeal
2 before the Environmental Hearing Board under this act.
3 Section 514. Limitation on Action.--Notwithstanding the
4 provisions of any other statute to the contrary, actions for
5 administrative, civil or criminal penalties under this act may
6 be commenced at any time within a period of twenty years from
7 the date the offense is discovered.
8 Section 515. Permit Bar.--(a) The department shall not
9 issue or renew any permit if, after investigation and an
10 opportunity for an informal hearing, it finds that the applicant
11 has failed and continues to fail to comply with any provision of
12 this act, any rule or regulation, or any approval, standard,
13 permit or order of the department.
14 (b) The department shall not issue or renew any permit if,
15 after investigation and an opportunity for an informal hearing,
16 it finds that the applicant lacks the ability or intent to
17 comply with this act, a rule or regulation, or an approval,
18 standard, permit or order of the department.
19 Section 516. Certification Actions.--(a) The department
20 may, for any good cause, modify, suspend or revoke any
21 certification issued pursuant to this act. An appeal to the
22 Environmental Hearing Board shall not act as a supersedeas. The
23 power of the department to issue and order under this act is in
24 addition to any other remedy available to the department under
25 this act or any other provision of law.
26 (b) The department shall not issue any certification if,
27 after investigation and an opportunity for an informal hearing,
28 it finds that the applicant has failed and continues to fail to
29 comply with any provision of this act.
30 (c) The department shall not issue any certification if,
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1 after investigation and an opportunity for an informal hearing,
2 it finds that the applicant lacks the ability or intent to
3 comply with this act.
4 ARTICLE VI.
5 EMERGENCY MEDICAL PERSONNEL.
6 Section 601. Definitions.--As used in this article, the
7 following words and terms shall have the following meanings:
8 "Emergency medical technician." A coal mine employe who has
9 successfully completed the course on emergency first aid care
10 and transportation of the sick and injured recommended by the
11 American Academy of Orthopaedic Surgeons, or the equivalent
12 thereof, and has been certified by the Department of Health to
13 provide emergency care.
14 "Emergency medical technician paramedic." A person who has
15 been certified by the Department of Health to provide emergency
16 medical treatment.
17 Section 602. Emergency Medical Personnel in and at Mines.--
18 (a) Emergency medical personnel shall be employed at every mine
19 as follows:
20 (1) At least one emergency medical technician shall be on
21 duty at any time when miners at that mine are engaged in the
22 extraction, production or preparation of coal. Emergency medical
23 technicians shall be on duty at a mine in sufficient numbers to
24 assure that no miner shall work in a mine location that cannot
25 be reached in a reasonable time by an emergency medical
26 technician. Emergency medical technicians shall be employed at
27 their regular duties at locations convenient for quick response
28 to emergencies, and further, shall have available to them at all
29 times, necessary equipment in compliance with Federal
30 regulations.
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1 (2) Telephone services or the equivalent facilities shall be
2 installed which will provide two-way voice communications
3 between the emergency medical technician at or in the mine, and
4 medical personnel outside or away from the mine who provide
5 emergency medical services on a regular basis.
6 (3) Operators shall make adequate provisions so that at
7 least one emergency medical technician paramedic, registered
8 nurse, physician or physician assistant shall be available to
9 provide care at a mine at any time that persons are engaged in
10 extraction, production, or preparation of coal, and such
11 emergency medical technician paramedic, registered nurse,
12 physician or physician assistant shall be on call to reach the
13 entrance of the mine within thirty minutes.
14 (b) Notwithstanding any other provisions of this act,
15 emergency medical personnel shall be employed at surface coal
16 mines as follows:
17 (1) If twenty or more persons are employed at a mine at any
18 given time, all of the provisions of this act shall apply.
19 (2) If a mine has employes working at different locations
20 within a radius of not more than ten miles or a lesser number of
21 miles as may be determined by the department and the locations
22 are connected by telephone service or equivalent facilities, an
23 emergency medical technician or the equivalent at any location
24 on the shift shall be deemed to be in compliance with the
25 provisions of this act.
26 (3) If fewer than twenty persons are employed on a shift, an
27 ambulance service with three members certified as emergency
28 medical technicians, not necessarily employes of the mine,
29 located within a radius of ten miles, or such other distance as
30 may be approved by the department upon request for and approval
20050S0949B1251 - 208 -
1 of a variance thereto, shall be deemed to be in compliance with
2 the provisions of this act.
3 (4) If an area ambulance service is not available, three
4 persons, not necessarily employes of the mine, possessing
5 certification as emergency medical technician, or the equivalent
6 thereof, residing within a radius of ten miles, or distance as
7 may be approved by the department upon request for and approval
8 of a variance thereto, for which on-call service has been
9 arranged, shall be deemed to be in compliance with the
10 provisions of this act.
11 Section 603. Regulations for Training and Certification.--
12 The Department of Health shall make rules and regulations as may
13 be necessary to train and certify emergency medical technicians
14 and emergency medical technician paramedics.
15 Section 604. First Aid Training of Mine Employes.--Each
16 operator shall provide every new employe who has not received
17 the training required under this section within the six months
18 prior to his or her date of employment with the first aid
19 training required by the department. The department shall
20 consult with the Department of Health, MSHA, representatives of
21 miners and representatives of operators in determining what
22 training to require under this section. Each mine employe shall
23 be provided with five hours of refresher first aid training
24 within each twenty-four-month period of employment. Each employe
25 shall be paid regular wages or overtime pay, if applicable, for
26 all periods of first aid training.
27 Section 605. Continuing Training.--The department, after
28 consultation with the Department of Health regarding the content
29 of instruction courses, shall provide for necessary training on
30 a continuing basis, of emergency medical technicians and
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1 emergency medical technician paramedics in sufficient numbers to
2 satisfy the requirements of this act and shall propose rules and
3 regulations to implement the operational provisions of this act
4 to the Mine Safety Board.
5 Section 606. Certification.--The Department of Health shall
6 prescribe such procedures as may be necessary to certify
7 emergency medical technicians and emergency medical technician
8 paramedics and consult with the department as may be required
9 hereunder.
10 Section 607. Liabilities.--(a) No physician, who in good
11 faith gives instructions to a certified emergency medical
12 technician or emergency medical technician paramedic, a
13 registered nurse or physician assistant shall be liable for any
14 civil damages as a result of issuing the instructions, unless
15 guilty of gross or willful negligence.
16 (b) No certified emergency medical technician, emergency
17 medical technician paramedic, registered nurse or physician
18 assistant who in good faith attempts to render emergency care to
19 any sick or injured person in or about a mine shall be liable
20 for civil damages as a result of any acts or omissions, unless
21 guilty of gross or willful negligence.
22 Section 608. Equivalent Training.--The department may
23 determine that an operation is presently providing emergency
24 medical care for its employes which is equivalent to or superior
25 to the emergency medical care provided for hereunder and, in
26 that event, it shall make a finding that such operator is in
27 compliance with this article.
28 ARTICLE VII.
29 SAFETY ZONES.
30 Section 701. Establishment of Safety Zones.--A safety zone
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1 is hereby established beneath and adjacent to every stream,
2 river and natural or artificial body of water in this
3 Commonwealth that is sufficiently large to constitute a hazard
4 to mining in the opinion and discretion of the department. Such
5 safety zone shall, in the case of such streams and rivers,
6 extend horizontally two hundred feet from the high-water mark of
7 each bank. In the case of any other body of water sufficiently
8 large to constitute a hazard to mining, in the opinion and in
9 the discretion of the department, it shall extend horizontally
10 two hundred feet from the known perimeter. In any case, the
11 safety zone shall extend downward to the limit of the workable
12 beds.
13 Section 702. Written Authorization Needed to Mine Within
14 Safety Zone.--(a) No mining or removal of minerals whatsoever
15 shall be permitted within the safety zone unless authorization
16 is specifically granted in advance and in writing by the
17 department.
18 (b) Such authorization shall only be granted upon
19 application of the operator. Such application shall be
20 accompanied by four copies of a plan of the proposed mining
21 operation. The plan shall indicate the thickness of the
22 unconsolidated strata, the thickness of the rock strata and coal
23 beds overlying the bed to be mined, the thickness of the bed,
24 the width of the openings to be made and the width of the
25 pillars to be left, and any other special features that may be
26 deemed necessary as affecting the contemplated first mining.
27 (c) The department shall make periodic examinations to
28 determine the accuracy of all plans, maps and drawings submitted
29 to it under the provisions of this chapter of this act.
30 Section 703. Requirements for Plan Approval.--In no instance
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1 will any plan be approved if there is less than thirty-five feet
2 of rock cover. Factors considered in plan approval shall include
3 the thickness of the bed, width of mine openings, width of
4 pillars and such other factors as are deemed applicable by the
5 department.
6 Section 704. Pillar Recovery.--No pillar recovery shall be
7 undertaken until such time as the pillars are approved by the
8 department. Applications for pillar recovery shall be
9 accompanied by four copies of a plan, which shall include such
10 information as shall be determined by the department. The
11 approval or disapproval of the plan shall be based on the
12 factors of depth, the thickness of the bed, the percentage of
13 pillars proposed to be extracted and to be left, the effect on
14 pillars remaining in overlying beds and any other special
15 features deemed necessary by the department.
16 Section 705. Proof of Rock Cover.--(a) Proof of the
17 existence of thirty-five feet of rock cover shall accompany any
18 plans submitted.
19 (b) Said proof of rock cover is to be ascertained by testing
20 holes drilled on intersecting lines forming rectangles or
21 squares where the cover thickness is less than fifty feet. These
22 holes shall be drilled on spacing of not more than thirty-five
23 feet centers.
24 Section 706. Copies of Plans and Proof of Rock Cover to be
25 Signed.--All copies of the aforementioned plans and proof of
26 rock cover must indicate the location of the test holes and the
27 depth of rock cover, and then must be signed before submission
28 to the department by a registered professional mining engineer
29 representing the operator and a registered professional mining
30 engineer representing the lessor and/or the owner.
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1 Section 707. Approval or Disapproval of Plans.--(a) If,
2 after review, the department approves the plan, it shall send
3 copies of the approved plan to the registered professional
4 mining engineer representing the operator and to the registered
5 professional mining engineer representing the lessor and/or the
6 owner.
7 (b) If, after review, the department disapproves the plan,
8 it shall send copies of the disapproval, identifying its reasons
9 for that action, to the registered professional mining engineer
10 representing the operator and a registered professional mining
11 engineer representing the lessor and/or the owner.
12 Section 708. Notice to Miners Working Within the Safety
13 Zone.--After approval of the plan by the department, no mining
14 or removal of minerals may begin within the safety zone until
15 the mine foreman has conspicuously posted a notice on the
16 outside of the mine and has orally notified each miner affected
17 that he or she is working within the safety zone.
18 Section 709. Repeals.--(a) The following acts are repealed
19 absolutely:
20 (1) The act of May 9, 1887 (P.L.154, No.171), entitled, "An
21 act to provide for the recovery of the bodies of workmen
22 enclosed, buried or entombed in coal mines."
23 (2) The act of June 30, 1947 (P.L.1177, No.490), entitled,
24 "An act requiring operators, political subdivisions and the
25 Commonwealth to seal abandoned coal mines so as to protect
26 streams from acid mine drainage; conferring powers and imposing
27 duties on the Department of Mines; prescribing penalties and
28 making an appropriation."
29 (3) The act of July 9, 1976 (P.L.931, No.178), entitled, "An
30 act providing for emergency medical personnel; employment of
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1 emergency medical personnel and emergency communications in coal
2 mines."
3 (b) The following acts are repealed to the extent they apply
4 to bituminous coal mines:
5 (1) The act of June 3, 1943 (P.L.848, No.357), entitled, "An
6 act providing that every mine foreman, assistant mine foreman
7 and fire boss, under the Bituminous Mining Laws and the
8 Anthracite Mining Laws of the Commonwealth, represents and is an
9 officer of the Commonwealth in the mine in which employed, for
10 the suspension or cancellation of the certificates of such
11 officials as shall hold same, and for the disqualification of
12 such as are uncertificated by the Secretary of Mines after or
13 prior to hearing, for failure or refusal to perform his
14 respective duties; defining the procedure in such hearing and
15 the powers of the Secretary of Mines, with respect thereto, and
16 providing for a review of his decisions by courts of common
17 pleas and the Superior Court; providing for re-examination by
18 the examining board of any person whose certificate has been
19 cancelled, and for reinstatement of such as are uncertificated;
20 and prohibiting the employment by any operator in such capacity
21 of any mine foreman, assistant mine foreman or fire boss not
22 possessing the requisite certificate or whose certificate is
23 suspended or who has been disqualified."
24 (2) The act of December 22, 1959 (P.L.1994, No.729),
25 entitled, "An act prohibiting mining in certain areas without
26 prior approval by the Department of Mines and Mineral
27 Industries; establishing standards for the approval of plans for
28 mining in such areas; imposing powers and duties on the mine
29 foremen and the Department of Mines and Mineral Industries; and
30 providing penalties."
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1 (c) All other acts and parts of acts are repealed to the
2 extent they are inconsistent with this act.
3 Section 34. This act shall take effect in 60 days.
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