PRINTER'S NO. 1345
No. 1060 Session of 2001
INTRODUCED BY D. WHITE, M. WHITE, MUSTO, KUKOVICH, TARTAGLIONE,
TOMLINSON, COSTA, ORIE, LOGAN, HELFRICK AND CORMAN,
OCTOBER 1, 2001
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 1, 2001
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," further providing for certificates of
10 qualification as mine foremen, mine electricians, assistant
11 mine foremen, mine examiners and miners; and providing for
12 safety precautions on coal stockpiles.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Sections 206 and 212 of the act of July 17, 1961
16 (P.L.659, No.339), known as the Pennsylvania Bituminous Coal
17 Mine Act, are amended by adding subsections to read:
18 Section 206. Qualifications for Certification.--* * *
19 (h) A certificate of qualification as mine foremen, mine
20 electrician, assistant mine foreman or mine examiner shall be
21 issued by the department to individuals possessing a comparable
22 certificate from another state, provided that:
1 (1) The individual demonstrates that the individual meets
2 the appropriate experience requirements of this act.
3 (2) The other state recognizes the comparable certificate
4 issued by the department.
5 (3) The requirements for certification in the other state
6 are substantially equivalent to those of this act.
7 (4) The individual shall, within one week's notice after
8 submitting an application, take and pass a test prepared by the
9 board of examiners addressing knowledge of Pennsylvania law with
10 a grade equal to that required for the certification sought as
11 set out in the appropriate sections of this act.
12 (i) Notwithstanding the provisions of subsection (h), an
13 individual who has had his certification revoked for any reason
14 by any state shall not be eligible for certification by the
15 department until two years after the certification was revoked.
16 A certificate issued under subsection (h) is automatically
17 suspended upon final revocation of a certificate in the state
18 where certification was originally granted and which was used as
19 a basis for reciprocal certification.
20 Section 212. Qualifications for Certification as Miners.--
21 Miners shall be examined and granted certificates by the
22 district board of examiners or the mine inspector in the
23 district under such rules and regulations as the secretary shall
24 prescribe.
25 * * *
26 (d) A certificate of qualification as a miner shall be
27 issued by the department to individuals possessing a comparable
28 certificate from another state, provided that:
29 (1) The individual demonstrates that the individual meets
30 the requirement of at least one year of practical experience in
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1 an underground coal mine.
2 (2) The other state recognizes the comparable certificate
3 issued by the department.
4 (3) The requirements for certification in the other state
5 are substantially equivalent to those of this act.
6 (e) Notwithstanding the provisions of subsection (d), an
7 individual who has had his certification revoked for any reason
8 by any state shall not be eligible for certification by the
9 department until one year after the certification was revoked. A
10 certificate issued under subsection (d) is automatically
11 suspended upon final revocation of a certificate in the state
12 where certification was originally granted and which was used as
13 a basis for reciprocal certification.
14 Section 2. The act is amended by adding a section to read:
15 Section 299.8. Safety Precautions on Coal Stockpiles.--The
16 following requirements shall apply to all surface coal
17 stockpiles with draw-off tunnel feeders underneath the coal
18 storage area of the stockpile which discharge onto a conveyor
19 belt and where there is a chance of mobile equipment being
20 submerged in a cavity created by a feeder beneath the stockpile:
21 (1) An individual may not operate mobile equipment on a coal
22 stockpile or coal storage area directly over areas where
23 underlying coal feeders are in place without a plan approving
24 such activity by the Director of the Bureau of Deep Mine Safety
25 or the director's authorized representative. The plan shall be
26 submitted by the operator or the independent contractor
27 performing the work and shall be reviewed with all individuals
28 prior to work being done. A record shall be kept of such review.
29 (2) The plan shall outline procedures to protect the health
30 and safety of those who may operate mobile equipment on a coal
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1 stockpile or coal storage area directly over areas where
2 underlying active coal feeders are in place. The minimum
3 criteria for approval of the plan shall include:
4 (i) The mobile equipment shall be equipped with an enclosed
5 cab, and doors and windows shall be closed and secured at all
6 times the equipment is in operation. Within six months after the
7 effective date of this section, all mobile equipment manually
8 operated on coal stockpiles, where there is a potential of the
9 mobile equipment becoming submerged in a cavity, shall be
10 equipped with an enclosed cab fitted with a window support
11 system that would enhance the protection afforded beyond that
12 provided by the glass and window supports normally supplied with
13 new mobile equipment at the time of the effective date of this
14 section. Any window support system accepted or approved for such
15 use by MSHA, any State agency charged with responsibility for
16 mine safety and health, or a nationally recognized independent
17 testing laboratory shall be deemed as complying with this
18 requirement.
19 (ii) The mobile equipment shall have two-way communications
20 and a backup communication system supplied on an independent
21 power source. Either system may include portable radios in the
22 cab.
23 (iii) The mobile equipment cab shall be provided with two
24 self-contained self-rescuers.
25 (iv) The mobile equipment cab shall have a remote control
26 device located in the cab capable of stopping the flow of coal
27 from the feeder and stopping the coal coming onto the stockpile.
28 This device shall be tested weekly.
29 (v) The mobile equipment shall have a means of providing
30 emergency lighting to the mobile equipment operator in the cab.
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1 (vi) A warning sign shall be posted at the entrance to a
2 coal stockpile with an underlying coal feeder.
3 (3) An individual may not travel on foot directly over areas
4 of coal stockpiles where underlying feeders are in place except
5 on an emergency basis and only under direct supervision, in
6 which case the individual shall be secured by an overhead
7 lifeline, and feeders shall be locked and tagged out.
8 (4) The operator shall establish rules for the safe
9 procedures for breaking through cavities and for marking the
10 feeder areas on the surface. A copy of the rules shall be
11 submitted to the Director of the Bureau of Deep Mine Safety for
12 approval. A copy of the approved rules shall be posted at the
13 mine site, and all individuals who perform such work shall be
14 instructed in these procedures.
15 (5) Telephone or equivalent two-way communications shall be
16 established between mobile equipment operators working on
17 stockpiles and those individuals who are operating conveyors,
18 feeders and hoppers at storage piles, where more than one
19 individual performs these duties, in order to keep such mobile
20 equipment operators advised of the possibility of bridged
21 material over a cavity in the stockpile. Regular contact at
22 intervals not to exceed thirty minutes shall be maintained
23 between the mobile equipment operator and an individual not
24 operating on the stockpile.
25 Section 3. This act shall take effect immediately.
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