Escolar Documentos
Profissional Documentos
Cultura Documentos
Mineral Resources
Parts 1 to 199
As of July 1, 2014
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U.S. GOVERNMENT OFFICIAL EDITION NOTICE
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Table of Contents
Page
Explanation ................................................................................................ v
Title 30:
Finding Aids:
iii
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Cite this Code: CFR
iv
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Explanation
The Code of Federal Regulations is a codification of the general and permanent
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Title 1 through Title 16..............................................................as of January 1
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vi
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An index to the text of Title 3The President is carried within that volume.
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CHARLES A. BARTH,
Director,
Office of the Federal Register.
July 1, 2014.
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THIS TITLE
For this volume, Susannah C. Hurley was Chief Editor. The Code of Federal
Regulations publication program is under the direction of John Hyrum Martinez,
assisted by Ann Worley.
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Title 30Mineral
Resources
(This book contains parts 1 to 199)
Part
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CHAPTER IMINE SAFETY AND HEALTH
ADMINISTRATION, DEPARTMENT OF LABOR
Part Page
1 Mine Safety and Health Administration; establish-
ment and use of official emblem .......................... 7
3 OMB Control Numbers under the Paperwork Re-
duction Act .......................................................... 7
SUBCHAPTER BTESTING, EVALUATION, AND APPROVAL OF MINING
PRODUCTS
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30 CFR Ch. I (7114 Edition)
Part Page
36 Approval requirements for permissible mobile die-
sel-powered transportation equipment ................ 189
SUBCHAPTERS CF [RESERVED]
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Mine Safety and Health Admin., Labor
Part Page
58 Health standards for metal and nonmetal mines .... 441
SUBCHAPTER L [RESERVED]
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SUBCHAPTER AOFFICIAL EMBLEM AND OMB CONTROL
NUMBERS FOR RECORDKEEPING AND REPORTING
PART 1MINE SAFETY AND HEALTH 1.3 Use of letters and acronym
ADMINISTRATION; ESTABLISH- MSHA.
MENT AND USE OF OFFICIAL EM- The letters and acronym MSHA may
BLEM be used and substituted for the words
Mine Safety and Health Administra-
Sec. tion in correspondence, rules, regula-
1.1 Official emblem. tions, and in certificates of approval,
1.2 Description. approval plates, labels, and markings
1.3 Use of letters and acronym MSHA. prescribed by the Mine Safety and
Health Administration to designate
AUTHORITY: Sec. 508, Federal Coal Mine
Health and Safety Act of 1969; sec. 301 of
and denote equipment, devices, and ap-
Title 5, United States Code; secs. 301(a) and paratus approved as permissible and
302(a), Federal Mine Safety and Health suitable for use in mines under the ap-
Amendments Act of 1977, Pub. L. 95164, 30 plicable parts of Chapter I of this title,
U.S.C. 961 and 951 and 29 U.S.C. 577a, 91 Stat. and in such other documents, publica-
1317 and 91 Stat. 1319; sec. 508, Federal Mine tions, and pamphlets, and on signs,
Safety and Health Act of 1977, Pub. L. 91173 clothing and uniforms, and offices of
as amended by Pub. L. 95164, 30 U.S.C. 957, 83 the Administration and at such times
Stat. 803.
and locations as may be deemed appro-
SOURCE: 39 FR 23997, June 28, 1974, unless priate by the Assistant Secretary of
otherwise noted. Labor for Mine Safety and Health.
1.1 Official emblem. [39 FR 23997, June 28, 1974, as amended at 43
FR 12312, Mar. 24, 1978]
The following emblem is established
and shall be used as the official em-
blem of the Mine Safety and Health
PART 3OMB CONTROL NUMBERS
Administration, except where use of UNDER THE PAPERWORK REDUC-
the Departmental Seal is required: TION ACT
7
EC22OC91.000</GPH>
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3.1 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor 3.1
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3.1 30 CFR Ch. I (7114 Edition)
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SUBCHAPTER BTESTING, EVALUATION, AND APPROVAL
OF MINING PRODUCTS
PART 5FEES FOR TESTING, EVAL- (4) Regulatory review activities, in-
UATION, AND APPROVAL OF cluding participation in the develop-
MINING PRODUCTS ment of health and safety standards,
regulations and legislation; and
Sec. (5) Post-approval product audits.
5.10 Purpose and scope. [52 FR 17516, May 8, 1987, as amended at 70
5.30 Fee calculation.
FR 46342, Aug. 9, 2005]
5.40 Fee administration.
5.50 Fee revisions.
5.30 Fee calculation.
AUTHORITY: 30 U.S.C. 957.
(a) MSHA bases fees under this sub-
SOURCE: 52 FR 17516, May 8, 1987, unless chapter on the direct and indirect costs
otherwise noted.
of the services provided, except that
5.10 Purpose and scope. part 15 fees for services provided to
MSHA by other organizations may be
(a) This part establishes a system set by those organizations.
under which MSHA charges a fee for
(b) Except as provided in paragraphs
services provided under this sub-
(b)(1) and (2) of this section, upon com-
chapter. This part includes the man-
pletion of an initial administrative re-
agement and calculation of these fees.
(b) The services for which fees are view of the application, the Approval
charged are and Certification Center will prepare a
(1) Application processing by engi- maximum fee estimate for each appli-
neers, technicians and other specialists cation and will begin the technical
(investigators), including administra- evaluation once the applicant author-
tive review of applications, analysis of izes the fee estimate.
drawings, technical evaluation, test- (1) The applicant may pre-authorize
ing, test set up and tear down, con- an expenditure for services under this
sultation on applications and investi- subchapter, and may further choose to
gator travel, where necessary to proc- pre-authorize either a maximum dollar
ess the application; amount or an expenditure without a
(2) Clerical services, computer track- specified maximum amount. All appli-
ing and status reporting, records con- cations containing a pre-authorization
trol and security and document prepa- statement will immediately be put in
ration directly supporting application the queue for the technical evaluation
processing; upon completion of an initial adminis-
(3) A proportionate share of manage- trative review. MSHA will concur-
ment, administration and operation of rently prepare a maximum fee esti-
the Approval and Certification Center mate for applications containing a
which is in support of application proc- statement pre-authorizing a maximum
essing; and dollar amount, and will provide the ap-
(4) Amortization of facility improve- plicant with this estimate. Where
ments and depreciation of buildings MSHAs estimated maximum fee ex-
and equipment used for testing and ceeds the pre-authorized maximum dol-
evaluation or otherwise directly associ- lar amount, the applicant has the
ated with application processing. choice of cancelling the action and
(c) Fees are not charged for: paying for all work done up to the time
(1) Technical assistance not related of the cancellation, or authorizing
to processing an approval application; MSHAs estimate.
(2) Technical programs including de- (2) Under the Revised Acceptance
velopment of new technology pro- Modification Program (RAMP), MSHA
grams; expedites applications for acceptance
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5.40 30 CFR Ch. I (7114 Edition)
authorize a fixed dollar amount, set by 6.1 Purpose and effective date.
MSHA, for processing the application.
This part sets out alternate require-
(c) If unforeseen circumstances are ments for testing and evaluation of
discovered during the evaluation, and products MSHA approves for use in
MSHA determines that these cir- gassy underground mines. It permits
cumstances would result in the actual manufacturers of certain products who
costs exceeding either the pre-author- seek MSHA approval to use an inde-
ized expenditure or the authorized pendent laboratory to perform, in
maximum fee estimate, as appropriate, whole or part, the necessary testing
MSHA will prepare a revised maximum and evaluation for approval. It also
fee estimate for completing the evalua- permits manufacturers to have their
tion. The applicant will have the op- products approved based on non-MSHA
tion of either cancelling the action and product safety standards once MSHA
paying for services rendered or author- has determined that the non-MSHA
izing MSHAs revised estimate, in standards are equivalent to MSHAs
which case MSHA will continue to test applicable product approval require-
and evaluate the product. ments or can be modified to provide at
(d) If the actual cost of processing least the same degree of protection as
the application is less than MSHAs those MSHA requirements. The provi-
maximum fee estimate, MSHA will sions of this part may be used by appli-
charge the actual cost. cants for product approval under parts
18, 19, 20, 22, 23, 27, 33, 35, and 36. This
[70 FR 46342, Aug. 9, 2005] rule is effective August 18, 2003.
5.40 Fee administration. 6.2 Definitions.
Applicants will be billed for all fees, The following definitions apply in
including actual travel expenses, if this part.
any, when processing of the application Applicant. An individual or organiza-
is completed. Invoices will contain spe- tion that manufactures or controls the
cific payment instructions, including assembly of a product and applies to
the address to mail payments and au- MSHA for approval of that product.
thorized methods of payment. Approval. A written document issued
by MSHA which states that a product
[70 FR 46342, Aug. 9, 2005]
has met the applicable requirements of
5.50 Fee revisions. part 18, 19, 20, 22, 23, 27, 33, 35, or 36. The
definition is based on the existing defi-
Each fee schedule shall remain in ef- nitions of approval in the parts spec-
fect for at least one year and be subject ified above. It is expanded to include
to revision at least once every three certification and acceptance be-
years. cause these terms also are used to de-
note MSHA approval.
PART 6TESTING AND EVALUA- Approval holder. An applicant whose
TION BY INDEPENDENT LABORA- application for approval of a product
TORIES AND NON-MSHA PROD- under part 18, 19, 20, 22, 23, 27, 33, 35 or
36 of this chapter has been approved by
UCT SAFETY STANDARDS MSHA.
Equivalent non-MSHA product safety
Sec.
standards. A non-MSHA product safety
6.1 Purpose and effective date.
standard, or group of standards, deter-
6.2 Definitions.
mined by MSHA to provide at least the
6.10 Use of independent laboratories.
same degree of protection as the appli-
6.20 MSHA acceptance of equivalent non-
MSHA product safety standards.
cable MSHA product approval require-
6.30 MSHA listing of equivalent non-MSHA ments in parts 14, 18, 19, 20, 22, 23, 27, 33,
product safety standards. 35, and 36, or which in modified form
provide at least the same degree of pro-
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Mine Safety and Health Admin., Labor 6.20
(1) has been recognized by a labora- through (a)(4) of this section, MSHA
tory accrediting organization to test will notify the applicant if additional
and evaluate products to a product information or testing is required. The
safety standard, and applicant must provide this informa-
(2) is free from commercial, financial, tion, arrange any additional or repeat
and other pressures that may influence tests and notify MSHA of the location,
the results of the testing and evalua- date, and time of the test(s). MSHA
tion process. may observe any additional testing
Post-approval product audit. The ex-
conducted by an independent labora-
amination, testing, or both, by MSHA
tory. Further, MSHA may decide to
of approved products selected by MSHA
to determine whether those products conduct the additional or repeated
meet the applicable product approval tests at the applicants expense. The
requirements and have been manufac- applicant must supply any additional
tured as approved. components necessary for testing and
Product safety standard. A document, evaluation.
or group of documents, that specifies (e) Upon request by MSHA, but not
the requirements for the testing and more than once a year, except for
evaluation of a product for use in ex- cause, approval holders of products ap-
plosive gas and dust atmospheres, and, proved based on independent labora-
when appropriate, includes documents tory testing and evaluation must make
addressing the flammability properties such products available for post-ap-
of products. proval audit at a mutually agreeable
[68 FR 36417, June 17, 2003, as amended at 73 site at no cost to MSHA.
FR 80609, Dec. 31, 2008] (f) Once the product is approved, the
approval holder must notify MSHA of
6.10 Use of independent laboratories. all product defects of which they be-
(a) MSHA will accept testing and come aware.
evaluation performed by an inde-
pendent laboratory for purposes of 6.20 MSHA acceptance of equivalent
MSHA product approval provided that non-MSHA product safety stand-
MSHA receives as part of the applica- ards.
tion: (a) MSHA will accept non-MSHA
(1) Written evidence of the labora- product safety standards, or groups of
torys independence and current rec- standards, as equivalent after deter-
ognition by a laboratory accrediting mining that they:
organization;
(1) Provide at least the same degree
(2) Complete technical explanation of
how the product complies with each re- of protection as MSHAs product ap-
quirement in the applicable MSHA proval requirements in parts 14, 18, 19,
product approval requirements; 20, 33, 35 and 36 of this chapter; or
(3) Identification of components or (2) Can be modified to provide at
features of the product that are critical least the same degree of protection as
to the safety of the product; and those MSHA requirements.
(4) All documentation, including (b) MSHA will publish its intent to
drawings and specifications, as sub- review any non-MSHA product safety
mitted to the independent laboratory standard for equivalency in the FED-
by the applicant and as required by the ERAL REGISTER for the purpose of solic-
applicable part under this chapter. iting public input.
(b) Product testing and evaluation (c) A listing of all equivalency deter-
performed by independent laboratories minations will be published in this part
for purposes of MSHA approval must 6 and the applicable approval parts.
comply with the applicable MSHA The listing will state whether MSHA
product approval requirements. accepts the non-MSHA product safety
(c) Product testing and evaluation
standards in their original form, or
must be conducted or witnessed by the
whether MSHA will require modifica-
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laboratorys personnel.
(d) After review of the information tions to demonstrate equivalency. If
required under paragraphs (a)(1) modifications are required, they will be
13
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6.30 30 CFR Ch. I (7114 Edition)
[71 FR 28583, May 17, 2006, as amended at 73 7.70 Post-approval product audit.
FR 52210, Sept. 9, 2008] 7.71 Approval checklist.
7.72 New technology.
14
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Mine Safety and Health Admin., Labor 7.2
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7.3 30 CFR Ch. I (7114 Edition)
the appropriate subpart of this part; (5) The place and date for product
(3) The name, address, and telephone testing, if testing will be conducted;
number of the applicants representa- and
16
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Mine Safety and Health Admin., Labor 7.7
(6) The name, address, and telephone (d) MSHA will accept product testing
number of the applicants representa- conducted outside the United States
tive responsible for answering any where such acceptance is specifically
questions regarding the application. required by international agreement.
(f) Certification statement. (1) Each ap- [53 FR 23500, June 22, 1988; 53 FR 25569, July
plication for original approval, subse- 7, 1988; 60 FR 33722, June 29, 1995]
quent approval, or extension of ap-
proval of a product shall include a cer- 7.5 Issuance of approval.
tification by the applicant that the (a) An applicant shall not advertise
product meets the design portion of the or otherwise represent a product as ap-
technical requirements, as specified in proved until MSHA has issued the ap-
the appropriate subpart, and that the plicant an approval.
applicant will perform the quality as- (b) MSHA will issue an approval or a
surance functions specified in 7.7. For notice of the reasons for denying ap-
a subsequent approval or extension of proval after reviewing the application,
approval, the applicant shall also cer- and the results of product testing,
tify that the proposed change cited in when applicable. An approval will iden-
the application is the only change that tify the documents upon which the ap-
affects the technical requirements. proval is based.
(2) After completion of the required
product testing, the applicant shall 7.6 Approval marking and distribu-
certify that the product has been test- tion record.
ed and meets the performance portion (a) Each approved product shall have
of the technical requirements, as speci- an approval marking, as specified in
fied in the appropriate subpart. the appropriate subpart of this part.
(3) All certification statements shall (b) For an extension of approval, the
be signed by an authorized company of- extension number shall be added to the
ficial. original approval number on the ap-
[53 FR 23500, June 22, 1988, as amended at 60 proval marking.
FR 33722, June 29, 1995; 73 FR 52210, Sept. 9, (c) Applicants shall maintain records
2008] of the initial sale of each unit having
an approval marking. The record reten-
7.4 Product testing. tion period shall be at least the ex-
(a) All products submitted for ap- pected shelf life and service life of the
proval under this part shall be tested product.
using the test procedures specified in [53 FR 23500, June 22, 1988, as amended at 60
the appropriate subpart unless MSHA FR 33722, June 29, 1995]
determines, upon review of the docu-
mentation submitted, that testing is 7.7 Quality assurance.
not required. Applicants shall maintain Applicants granted an approval or an
records of test results and procedures extension of approval under this part
for three years. shall
(b) Unless otherwise specified in the (a) Inspect or test, or both, the crit-
subpart, test instruments shall be cali- ical characteristics in accordance with
brated at least as frequently as, and ac- the appropriate subpart of this part;
cording to, the instrument manufac- (b) Unless otherwise specified in the
turers specifications, using calibration subparts, calibrate instruments used
standards traceable to those set by the for the inspection and testing of crit-
National Bureau of Standards, U.S. De- ical characteristics at least as fre-
partment of Commerce or other nation- quently as, and according to, the in-
ally recoginzed standards and accurate strument manufacturers specifica-
to at least one significant figure be- tions, using calibration standards
yond the desired accuracy. traceable to those set by the National
(c) When MSHA elects to observe Bureau of Standards, U.S. Department
product testing, the applicant shall of Commerce or other nationally recog-
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7.8 30 CFR Ch. I (7114 Edition)
(c) Upon request, the approval-holder (which are hereby incorporated by ref-
shall be afforded an opportunity for a erence and made a part hereof) pro-
hearing. vided the modifications to the IEC
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Mine Safety and Health Admin., Labor 7.10
any welds or castings, rupture of any isolating parts are sequentially re-
part that affects explosion-proof integ- moved from the common wall between
rity, clearances exceeding those per- the enclosures. Enclosures that exhibit
19
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7.21 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor 7.27
(9) Flame retardant, if added during 6 inches square over a length of 3 feet.
manufacturing: type, supplier, the sup- The tapered duct section must be
pliers stock number, and percent of tightly connected to the test gallery;
finished product by weight. (d) A 16-gauge stainless steel fan
[53 FR 23500, June 22, 1988, as amended at 60 housing, consisting of a 1 foot 6 inches
FR 33722, June 29, 1995] square section 6 inches long followed
by a 10 inch long section which tapers
7.24 Technical requirements. from 1 foot 16 inches square to 12
(a) Brattice cloth shall be flame re- inches diameter round and concluding
sistant when tested in accordance with with a 12 inch diameter round collar 3
the flame resistance test in 7.27. inches long. A variable speed fan capa-
(b) Flexible ventilation tubing shall ble of producing an air velocity of 125
be manufactured using an MSHA-ap- ft./min. in the test gallery must be se-
proved brattice cloth. If a supporting cured in the fan housing. The fan hous-
structure is used, it shall be metal or ing must be tightly connected to the
other noncombustible material which tapered duct section;
will not ignite, burn, support combus- (e) A methane-fueled impinged jet
tion or release flammable vapors when burner igniting source, measuring 12
subjected to fire or heat. inches long from the threaded ends of
(c) Rigid ventilation tubing shall be the first and last jets and 4 inches wide
flame resistant when tested in accord- with 12 impinged jets, approximately
ance with the flame resistance test in 138-inches long and spaced alternately
7.28. along the length of the burner tube.
The burner jets must be canted so that
7.25 Critical characteristics.
they point toward each other in pairs
A sample of each batch or lot of and the flame from these pairs impinge
brattice cloth and ventilation tubing upon each other.
shall be flame tested or a sample of
each batch or lot of the materials that 7.27 Test for flame resistance of
contribute to the flame-resistance brattice cloth.
characteristic shall be inspected or (a) Test procedures. (1) Prepare 6 sam-
tested to ensure that the finished prod- ples of brattice cloth 40 inches wide by
uct will meet the flame-resistance test. 48 inches long.
7.26 Flame test apparatus. (2) Prior to testing, condition each
sample for a minimum of 24 hours at a
The principal parts of the apparatus temperature of 70 10 F (21 5.5 C) and
used to test for flame-resistance of a relative humidity of 55 10%.
brattice cloth and ventilation tubing
(3) For each test, suspend the sample
shall be constructed as follows:
(a) A 16-gauge stainless steel gallery in the gallery by wrapping the brattice
lined on the top, bottom and both sides cloth around the rod and clamping
with 12 inch thick Marinite or equiva- each end and the center. The brattice
lent insulating material yielding inside cloth must hang 4 inches from the gal-
dimensions approximately 58 inches lery floor.
long, 41 inches high, and 30 inches wide; (4) Use a front exhaust system to re-
(b) Two 38-inch diameter steel J move smoke escaping from the gallery.
hooks and a 916-inch diameter steel rod The exhaust system must remain on
to support the sample located approxi- during all testing, but not affect the
mately 2316-inches from the front and air flow in the gallery.
back ends of the test gallery, 112-inches (5) Set the methane-fueled impinged
from the ceiling insulation and cen- jet burner to yield a flame height of 12
trally located in the gallery along its inches as measured at the outermost
length. Samples shall be suspended to tip of the flame.
preclude folds or wrinkles; (6) Apply the burner to the front
(c) A tapered 16-gauge stainless steel lower edge of the brattice cloth and
duct section tapering from a cross sec- keep it in contact with the material for
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7.28 30 CFR Ch. I (7114 Edition)
shrinks during application of the burn- (4) Set the methane-fueled impinged
er flame, move the burner flame to jet burner to yield a flame height of 12
maintain contact with 1 foot of the ma- inches as measured at the outermost
terial. If melting material might clog tip of the flame.
the burner orifices, rotate the burner (5) Apply the burner to the front
slightly during application of the lower edge of the tubing so that two-
flame. thirds of the burner is under the tubing
(7) Test 3 samples in still air and 3 and the remaining third is exposed to
samples with an average of 125 ft./min. allow the flames to curl onto the inside
of air flowing past the sample. of the tubing. Keep the burner in con-
(8) Record the propagation length tact with the material for 60 seconds. If
and duration of burning for each of the melting material might clog the burn-
6 samples. The duration of burning is er orifices, rotate the burner slightly
the total burning time of the specimen during application of the flame.
during the flame test. This includes the (6) Test 3 samples in still air and 3
burn time of any material that falls on samples with an average of 125 ft./min.
the floor of the test gallery during the of air flowing past the sample.
igniting period. However, the sus- (7) Record the propagation length
pended specimen is considered burning and duration of burning for each of the
only after the burner is removed. 6 samples. The duration of burn is the
Should the burning time of a suspended total burning time of the specimen dur-
specimen and a specimen on the floor ing the flame test. This includes the
coincide, count the coinciding burning burning time of any material that falls
time only once. on the floor of the test gallery during
(9) Calculate the average duration of the igniting period. However, the sus-
burning for the first 3 samples (still pended specimen is considered burning
air) and the second 3 samples (125 ft./ only after the burner is removed.
min. air flow). Should the burning time of a suspended
(b) Acceptable performance. The specimen and a specimen on the floor
brattice cloth shall meet each of the coincide, count the coinciding burn
following criteria: time only once.
(1) Flame propagation of less than 4 (8) Calculate the average duration of
feet in each of the six tests. burning for the first 3 samples (still
(2) An average duration of burning of air) and the second 3 samples (125 ft./
less than 1 minute in both groups of min. air flow).
three tests.
(b) Acceptable performance. The ven-
(3) A duration of burning not exceed-
tilation tubing shall meet each of the
ing two minutes in each of the six
following criteria:
tests.
(1) Flame propagation of less than 4
[53 FR 23500, June 22, 1988, as amended at 60 feet in each of the 6 tests.
FR 33723, June 29, 1995] (2) An average duration of burning of
less than 1 minute in both groups of 3
7.28 Test for flame resistance of rigid
ventilation tubing. tests.
(3) A duration of burning not exceed-
(a) Test procedures. (1) Prepare 6 sam- ing 2 minutes in each of the 6 tests.
ples of ventilation tubing 48 inches in
length with all flared or thickened ends [53 FR 23500, June 22, 1988, as amended at 60
removed. Any sample with a cross-sec- FR 33723, June 29, 1995]
tional dimension greater than 24 inches
must be tested in a 24-inch size. 7.29 Approval marking.
(2) For each test, suspend the sample (a) Approved brattice cloth shall be
in the center of the gallery by running legibly and permanently marked with
a wire through the 48-inch length of the assigned MSHA approval number at
tubing. intervals not exceeding ten feet. If the
(3) Use a front exhaust system to re- nature of the material or method of
move smoke escaping from the gallery. processing makes such marking im-
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The exhaust system must remain on practical, permanent paint or ink may
during all testing but not affect the air be used to mark the edge with an
flow in the gallery. MSHA-assigned color code.
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Mine Safety and Health Admin., Labor 7.44
(b) Approved ventilation tubing shall drawing with the following informa-
be legibly and permanently marked on tion:
each section with the assigned MSHA (1) Overall dimensions of the battery
approval number. assembly, including the minimum dis-
(c) An approved product shall be mar- tance from the underside of the cover
keted only under a brand or trade to the top of the terminals and caps.
name that has been furnished to (2) Composition and thicknesses of
MSHA. the battery box and cover.
(3) Provision for securing covers.
7.30 Post-approval product audit. (4) Documentation of flame-resist-
ance of insulating materials and ca-
Upon request by MSHA but no more
bles.
than once a year except for cause, the (5) Number, type, and rating of the
approval-holder shall supply to MSHA battery cells.
at no cost up to fifty feet of each ap- (6) Diagram of battery connections
proved design of brattice cloth and ven- between cells and between battery
tilation tubing for audit. boxes, except when connections be-
tween battery boxes are a part of the
7.31 New technology.
machines electrical system.
MSHA may approve brattice cloth (7) Total weight of the battery,
and ventilation tubing that incor- charged and ready for service.
porates technology for which the re- (8) Documentation of materials and
quirements of this subpart are not ap- configurations for battery cells,
plicable, if the Agency determines that intercell connectors, filler caps, and
the product is as safe as those which battery top:
meet the requirements of this subpart. (i) If nonmetallic cover designs are
used with cover support blocks; or
Subpart CBattery Assemblies (ii) If the cover comes into contact
with any portion of the cells, caps,
7.41 Purpose and effective date. filler material, battery top, or intercell
connectors during the impact test spec-
This subpart establishes the specific ified by 7.46.
requirements for MSHA approval of (b) All drawings shall be titled,
battery assemblies intended for incor- dated, numbered, and include the latest
poration in approved equipment in un- revision number.
derground mines. It is effective August
22, 1988. Applications for approval or [53 FR 23500, June 22, 1988, as amended at 60
FR 33723, June 29, 1995]
extensions of approval submitted after
August 22, 1989, shall meet the require- 7.44 Technical requirements.
ments of this part.
(a)(1) Battery boxes and covers con-
7.42 Definitions. structed of AISI 1010 hot rolled steel
shall have the following minimum
The following definitions apply in thicknesses based on the total weight
this subpart: of a unit of the battery assembly
Battery assembly. A unit or units con- charged and ready for service:
sisting of cells and their electrical con-
nections, assembled in a battery box or Weight of battery unit Minimum required thickness
boxes with covers. 1,000 lbs. maximum ............... 10 gauge or 18 nominal
Battery box. The exterior sides, bot- 1,001 to 2,000 lbs .................. 7 gauge or 316 nominal
2,001 to 4,500 lbs .................. 3 gauge or 14 nominal
tom, and connector receptacle com- Over 4,500 lbs ........................ 0 gauge or 516 nominal
partment, if any, of a battery assem-
bly, excluding internal partitions. (2) Battery boxes not constructed of
AISI 1010 hot rolled steel shall have at
7.43 Application requirements. least the tensile strength and impact
(a) An application for approval of a resistance of battery boxes for the
battery assembly shall contain suffi- same weight class, as listed in para-
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7.45 30 CFR Ch. I (7114 Edition)
strength and impact resistance of AISI and bottom by insulating material, un-
1010 hot rolled steel or constructed of less such part of the battery box is con-
nonmetallic materials shall meet the structed of insulating material. Bat-
acceptable performance criteria for the tery box wall insulating material shall
impact test in 7.46. Nonmetallic cov- extend to the top of the wall.
ers shall be used only in the battery as- (i) Cell terminals shall be burned on,
sembly configuration in which they except that bolted connectors using
pass the impact test. two or more bolts may be used on end
(4) Nonmetallic materials for boxes terminals.
and covers shall (j) Battery connections shall be de-
(i) Be accepted by MSHA as flame-re- signed so that total battery potential
sistant material under part 18 of this is not available between adjacent cells.
chapter; and (k) Cables within a battery box shall
(ii) Meet the acceptable performance be accepted by MSHA as flame resist-
criteria for the deflection temperature ant under part 18 of this chapter or ap-
test in 7.47. proved under subpart K of this part.
(b) All insulating material shall have The cables shall be protected against
a minimum resistance of 100 megohms abrasion by insulation, location,
at 500 volts d.c. and be accepted by clamping, or other effective means.
MSHA as flame resistant under part 18 (l) When the battery plug and recep-
of this chapter. tacle are not located on or within the
(c) Battery box and cover insulating battery box, strain on the battery ter-
material shall meet the acceptable per- minals shall be prevented by a strain-
formance criteria for the acid resist- relief device on the cable. Insulating
ance test in 7.48.
material shall be placed between the
(d) Covers shall be lined with insu-
strain-relief device and cable, unless
lating material permanently attached
the device is constructed of insulating
to the underside of the cover, unless
material.
the cover is constructed of insulating
(m) At least a 12-inch air space shall
material.
(e) Covers, including those used over be provided between the underside of
connector receptacle housings, shall be the battery cover and the top of the
provided with a means of securing battery, including the terminals and
them in a closed position. connectors.
(f) Battery boxes shall be provided [53 FR 23500, June 22, 1988, as amended at 57
with vent openings to prevent the ac- FR 61220, Dec. 23, 1992]
cumulation of flammable or toxic gases
or vapors within the battery assembly. 7.45 Critical characteristics
The size and location of openings shall The following critical characteristics
prevent direct access to cell terminals shall be inspected or tested on each
and other uninsulated current carrying battery assembly to which an approval
parts. The total minimum unob- marking is affixed:
structed cross-sectional area of the (a) Thickness of covers and boxes.
ventilation openings shall be no less (b) Application and resistance of in-
than the value determined by the fol- sulating material.
lowing formula: (c) Size and location of ventilation
openings.
( N )( R )
=M (d) Method of cell terminations.
950 (e) Strain relief devices for cables
N = Number of cells in battery box. leaving boxes.
R = Rated 6 hour battery capacity in ampere (f) Type, location, and physical pro-
hours. tection of cables.
M = Total minimum ventilation area in
square inches per battery box. 7.46 Impact test.
(g) Battery boxes shall have drainage (a) Test procedures. (1) Prepare four
holes to prevent accumulation of water covers for testing by conditioning two
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Mine Safety and Health Admin., Labor 7.48
(2) Mount the covers on a battery box heating of the medium does not result
of the same design with which the cov- in deflection of the sample.
ers are to be approved, including any (3) Place a temperature measuring
support blocks, with the battery cells device with an accuracy of 1% into the
completely assembled. If used, support heat transfer medium within 18 inch of,
blocks must contact only the filler ma- but not touching, the sample.
terial or partitions between the indi- (4) Apply a total load, in pounds, nu-
vidual cells. At the test temperature merically equivalent to 11 times the
range of 65 F 80 F (18.3 C26.7 C), thickness of the sample, in inches, to
apply a dynamic force of 200 ft. lbs. to the sample midway between the sup-
the following areas using a hemi- ports using a 18 inch radius, rounded
spherical weight with a 6 maximum contact. The total load includes that
radius: weight used to apply the load and any
(i) The center of the two largest un- force exerted by the deflection meas-
supported areas; urement device.
(ii) The areas above at least two sup- (5) Use a deflection measuring device
port blocks, if used; with an accuracy of .001 inches to
(iii) The areas above at least two measure the deflection of the sample at
intercell connectors, one cell, and one the point of loading as the temperature
filler cap; and of the medium is increased at a uni-
(iv) Areas on at least two corners. If form rate of 3.6 .36 F/min. (2 0.2 C/
the design consists of both inside and min.). Apply the load to the sample for
outside corners, test one of each. 5 minutes prior to heating, to allow
(3) Record the condition of the cov- compensation for creep in the sample
ers, supports, intercell connectors, due to the loading.
filler caps, cell covers, and filler mate- (6) Record the deflection of the sam-
rial. ple due to heating at 180 F (82 C).
(b) Acceptable performance. Impact
(7) Repeat steps 2 through 6 for the
tests of any of the four covers shall not
other sample.
result in any of the following:
(1) Bent intercell connectors. (b) Acceptable performance. Neither
(2) Cracked or broken filler caps, ex- sample shall have a deflection greater
cept plastic tabs which extend from the than .010 inch at 180 F (82 C).
body of the filler caps. [53 FR 23500, June 22, 1988; 53 FR 25569, July
(3) Cracks in the cell cover, cells, or 7, 1988; 60 FR 33723, June 29, 1995]
filler material.
(4) Cracked or bent supports. 7.48 Acid resistance test.
(5) Cracked or splintered battery cov- (a) Test procedures. (1) Prepare one
ers. sample each of the insulated surfaces
[53 FR 23500, June 22, 1988, as amended at 60 of the battery box and of the cover that
FR 33723, June 29, 1995] measure at least 4 inches by 8 inches,
by the thickness of the sample which
7.47 Deflection temperature test. includes the insulation plus the bat-
(a) Test procedures. (1) Prepare two tery cover or box material. The insula-
samples for testing that measure 5 tion thickness shall be representative
inches by 12 inch, by the thickness of of that used on the battery box and
the material as it will be used. Prior to cover. If the insulation material and
testing, condition the samples at 73.4 thickness of material are identical for
3.6 F (23 2 C) and 50 5% relative hu- the battery box and cover, only one
midity for at least 40 hours. sample need be prepared and tested.
(2) Place a sample on supports which (2) Prepare a 30 percent solution of
are 4 inches apart and immersed in a sulfuric acid (H2 SO4) by mixing 853 ml
heat transfer medium at a test tem- of water with 199 ml of sulfuric acid (H2
perature range of 65 F80 F (18.3 SO4) with a specific gravity of 1.84.
C26.7 C). The heat transfer medium Completely cover the samples with the
must be a liquid which will not chemi- acid solution at the test temperature
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cally affect the sample. The testing ap- range of 65 F80 F (18.3 C26.7 C)
paratus must be constructed so that and maintain these conditions for 7
expansion of any components during days.
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7.49 30 CFR Ch. I (7114 Edition)
approval or extensions of approval sub- teria of the output energy test in 7.66.
mitted after January 22, 1991 shall (b) Maximum blasting circuit resistance.
meet the requirements of this subpart. The maximum value of the resistance
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Mine Safety and Health Admin., Labor 7.64
of the blasting circuit that can be con- (f) Ratings of electric components. No
nected to the firing line terminals of electric component of the blasting
the blasting unit, without exceeding its unit, other than batteries, shall be op-
capacity, shall be specified by the ap- erated at more than 90 percent of any
plicant. The specified maximum blast- of its electrical ratings in the normal
ing circuit resistance shall be at least operation of the blasting unit.
150 ohms. (g) Non-incendive electric contacts. In
(c) Visual indicator. The blasting unit the normal operation of a blasting
shall provide a visual indication to the unit, the electric energy discharged by
user prior to the operation of the firing making and breaking electric contacts
switch when the voltage necessary to shall not be capable of igniting a meth-
produce the required firing current is ane-air atmosphere, as determined by
attained. the following:
(d) Firing switch. The switch used to
(1) The electric current through an
initiate the application of energy to
electric contact shall not be greater
the blasting circuit shall
than that determined from Figure D1.
(1) Require deliberate action for its
operation to prevent accidental firing; (2) The maximum voltage that can be
and applied across an electric contact that
(2) Operate only when the voltage discharges a capacitor shall not be
necessary to produce the required fir- greater than that determined from Fig-
ing current is available to the blasting ure D2.
circuit. (3) The electric current through an
(e) Firing line terminals. The terminals electric contact that interrupts a cir-
used to connect the blasting circuit to cuit containing inductive components
the blasting unit shall shall not be greater than that deter-
(1) Provide a secure, low-resistance mined from Figure D3. Inductive com-
connection to the blasting circuit as ponents include inductors, chokes,
demonstrated by the firing line termi- relay coils, motors, transformers, and
nals test in 7.68; similar electric components that have
(2) Be corrosion-resistant; an inductance greater than 100 micro-
(3) Be insulated to protect the user henries. No inductive component in a
from electrical shock; and circuit with making and breaking elec-
(4) Be separated from each other by tric contacts shall have an inductance
an insulated barrier. value greater than 100 millihenries.
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7.64 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor 7.64
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7.64 30 CFR Ch. I (7114 Edition)
(h) Maximum temperature. In the nor- component shall not exceed 302 F (150
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Mine Safety and Health Admin., Labor 7.67
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7.68 30 CFR Ch. I (7114 Edition)
approval holder shall make an ap- tended for use in areas of underground
proved blasting unit available for audit coal mines where nonpermissible elec-
at no cost to MSHA. tric equipment is allowed.
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Mine Safety and Health Admin., Labor 7.83
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7.84 30 CFR Ch. I (7114 Edition)
(14) Cylinder head gasket; and paragraph (b) of this section is not ex-
(15) Precombustion chamber, if appli- ceeded at the altitudes specified in the
cable. fuel deration chart.
(d) The application shall include a (e) Particulate index. For each rated
drawing showing the general arrange- speed and horsepower requested, the
ment of the engine. particulate index necessary to dilute
(e) All drawings shall be titled, dated, the exhaust particulate emissions to 1
numbered, and include the latest revi- mg/m3 shall be determined under 7.89
sion number. of this part.
(f) When all necessary testing has
been completed, the following informa- 7.85 Critical characteristics.
tion shall be submitted: The following critical characteristics
(1) The gaseous ventilation rate for shall be inspected or tested on each
the rated speed and horsepower. diesel engine to which an approval
(2) The particulate index for the marking is affixed
rated speed and horsepower. (a) Fuel rate is set properly; and
(3) A fuel deration chart for altitudes (b) Fuel injection pump adjustment
for each rated speed and horsepower. is sealed, if applicable.
7.84 Technical requirements. 7.86 Test equipment and specifica-
(a) Fuel injection adjustment. The fuel tions.
injection system of the engine shall be (a) Dynamometer test cell shall be
constructed so that the quantity of used in determining the maximum f/a
fuel injected can be controlled at a de- ratio, gaseous ventilation rates, and
sired maximum value. This adjustment the particulate index.
shall be changeable only after breaking (1) The following testing devices
a seal or by altering the design. shall be provided:
(b) Maximum fuel-air ratio. At the (i) An apparatus for measuring
maximum fuel-air ratio determined by torque that provides an accuracy of
7.87 of this part, the concentrations 2.0 percent based on the engines max-
(by volume, dry basis) of carbon mon- imum value;
oxide (CO) and oxides of nitrogen (NOX) (ii) An apparatus for measuring revo-
in the undiluted exhaust gas shall not lutions per minute (rpm) that provides
exceed the following: an accuracy of 2.0 percent based on
(1) There shall be no more than 0.30 the engines maximum value;
percent CO and no more than 0.20 per- (iii) An apparatus for measuring tem-
cent NOX for category A engines. perature that provides an accuracy of
(2) There shall be no more than 0.25 4 F (2 C) of the absolute value except
percent CO and no more than 0.20 per- for the exhaust gas temperature device
cent NOX for category B engines. that provides an accuracy of 27 F (15
(c) Gaseous emissions ventilation rate. C);
Ventilation rates necessary to dilute (iv) An apparatus for measuring in-
gaseous exhaust emissions to the fol- take and exhaust restriction pressures
lowing values shall be determined that provides an accuracy of 5 percent
under 7.88 of this part: of maximum;
Carbon dioxide .................. 5000 ppm (v) An apparatus for measuring at-
Carbon monoxide .............. 50 ppm mospheric pressure that provides an
Nitric oxide ...................... 25 ppm
Nitrogen dioxide ............... 5 ppm accuracy of 0.5 percent of reading;
(vi) An apparatus for measuring fuel
A gaseous ventilation rate shall be de- flow that provides an accuracy of 2
termined for each requested speed and percent based on the engines max-
horsepower rating as described in imum value;
7.88(b) of this part. (vii) An apparatus for measuring the
(d) Fuel deration. The fuel rates speci- inlet air flow rate of the diesel engine
fied in the fuel deration chart shall be that provides an accuracy of 2 percent
based on the tests conducted under based on the engines maximum value;
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Mine Safety and Health Admin., Labor 7.86
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7.86 30 CFR Ch. I (7114 Edition)
(2) The schematic of the gaseous sam- may produce equivalent results. The
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7.86 30 CFR Ch. I (7114 Edition)
(4) All analyzers shall obtain the (5) CO and CO2 measurements shall be
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Mine Safety and Health Admin., Labor 7.86
(6) Calibration or span gases for the (iii) The analyzer peak to peak re-
NOX measurement system shall pass sponse to zero and calibration or span
through the NO2 to NO converter. gases over any 10 second period shall
(7) A stainless steel sample probe not exceed 2 percent of full scale on all
shall be straight, closed-end, multi- ranges used.
holed, and shall be placed inside the ex- (iv) The analyzer zero drift during a
haust pipe. 1-hour period shall be less than 2 per-
(i) The probe length shall be at least cent of full scale on the lowest range
80 percent of the diameter of the ex- used. The zero-response is the mean re-
haust pipe. sponse, including noise, to a zero gas
(ii) The inside diameter of the sample during a 30-second time interval.
probe shall not be greater than the in- (v) The analyzer span drift during a
side diameter of the sample line. 1-hour period shall be less than 2 per-
(iii) The heated sample line shall cent of full scale on the lowest range
have a 0.197 inch (5 mm) minimum and used. The analyzer span is defined as
a 0.53 inch (13.5 mm) maximum inside the difference between the span re-
diameter. sponse and the zero response. The span
(iv) The wall thickness of the probe response is the mean response, includ-
shall not be greater than 0.040 inch (1 ing noise, to a span gas during a 30-sec-
mm). ond time interval.
(v) There shall be a minimum of 3 (11) CO and CO2 analyzer specifica-
holes in 3 different radial planes sized tions. (i) Measurements shall be made
to sample approximately the same with nondispersive infrared (NDIR)
flow. analyzers.
(8) The sample probe shall be located (ii) For the CO analyzer, the water
in the exhaust pipe at a minimum dis- and CO2 interference shall be less than
tance of 1.6 feet (0.5 meters) or 3 times 1 percent of full scale for ranges equal
the diameter of the exhaust pipe, to or greater than 300 ppm (3 ppm for
whichever is the larger, from the ex- ranges below 300 ppm) when a CO2 span
haust manifold outlet flange or the gas concentration of 80 percent to 100
outlet of the turbocharger. The ex- percent of full scale of the maximum
haust gas temperature at the sample operating range used during testing is
probe shall be a minimum of 158 F (70 bubbled through water at room tem-
C). perature.
(9) The maximum allowable leakage (12) For NOX analysis using a
rate on the vacuum side of the analyzer chemiluminescence (CL) analyzer the
pump shall be 0.5 percent of the in-use following parameters shall apply:
flow rate for the portion of the system
(i) From the sample point to the NO2
being checked.
to NO converter, the NOX sample shall
(10) General analyzer specifications. (i)
be maintained between 131 F (55 C)
The total measurement error, includ-
and 392 F (200 C).
ing the cross sensitivity to other gases,
(paragraphs (b)(11)(ii), (b)(12)(iii), (ii) The NO2 to NO converter effi-
(b)(13)(iii), and (b)(13)(iv) of this sec- ciency shall be at least 90 percent.
tion), shall not exceed 5 percent of the (iii) The quench interference from
reading or 3.5 percent of full scale, CO2 and water vapor must be less than
whichever is smaller. For concentra- 3.0 percent.
tions of less than 100 ppm the measure- (13) For NOX analysis using an NDIR
ment error shall not exceed 4 ppm. analyzer system the following param-
(ii) The repeatability, defined as 2.5 eters shall apply:
times the standard deviation of 10 re- (i) The system shall include a NO2 to
petitive responses to a given calibra- NO converter, a water trap, and a NDIR
tion or span gas, must be no greater analyzer.
than 1 percent of full scale concentra- (ii) From the sample point to the NO2
tion for each range used above 155 parts to NO converter, the NOX sample shall
per million (ppm) or parts per million be maintained between 131 F (55 C)
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7.86 30 CFR Ch. I (7114 Edition)
for the NOX NDIR analyzer shall be purified synthetic air or purified nitro-
5,000:1. gen.
(iv) The minimum CO2 rejection ratio (21) The allowable zero-grade gas (pu-
(maximum CO2 interference) for the rified synthetic air or purified nitro-
NOX NDIR analyzer shall be 30,000:1. gen) impurity concentrations shall not
(14) When CH4 is measured using a exceed 1ppm C, 1 ppm CO, 400 ppm
heated flame ionization detector CO2, and 0.1 ppm NO.
(HFID) the following shall apply: (22) The calibration and span gases
(i) The analyzer shall be equipped may also be obtained by means of a gas
with a constant temperature oven that divider. The accuracy of the mixing de-
houses the detector and sample-han- vice must be such that the concentra-
dling components. tion of the diluted calibration gases are
(ii) The detector, oven, and sample- within 2 percent.
handling components shall be suitable (c) Particulate sampling system shall
for continuous operation at tempera- be used in determining the particulate
tures of 374 F (190 C) 18 F (10 C). index. A schematic of a full flow (single
(iii) The analyzer fuel shall contain dilution) particulate sampling system
40 2 percent hydrogen. The balance for testing under this subpart is shown
shall be helium. The mixture shall con- in Figures E3 and E4.
tain 1 part per million equivalent car- (1) The dilution system shall meet
bon (ppmC), and 400 ppm CO. the following parameters:
(i) Either a positive displacement
(iv) The burner air shall contain <2
pump (PDP) or a critical flow venturi
ppmC hydrocarbon.
(CFV) shall be used as the pump/mass
(v) The percent of oxygen inter-
measurement device shown in Figure
ference shall be less than 5 percent.
E3.
(15) An NDIR analyzer for measuring (ii) The total volume of the mixture
CH4 may be used in place of the HFID of exhaust and dilution air shall be
specified in paragraph (b)(14) of this measured.
section and shall conform to the re- (iii) All parts of the system from the
quirements of paragraph (b)(10) of this exhaust pipe up to the filter holder,
section. Methane measurements shall which are in contact with raw and di-
be made on a dry basis. luted exhaust gas, shall be designed to
(16) Calibration gas values shall be minimize deposition or alteration of
traceable to the National Institute for the particulate.
Standards and Testing (NIST), (iv) All parts shall be made of elec-
Standard Reference Materials trically conductive materials that do
(SRMs). The analytical accuracy of not react with exhaust gas compo-
the calibration gas values shall be nents.
within 2.0 percent of NIST gas stand- (v) All parts shall be electrically
ards. grounded to prevent electrostatic ef-
(17) Span gas values shall be trace- fects.
able to NIST SRMs. The analytical ac- (vi) Systems other than full flow sys-
curacy of the span gas values shall be tems may also be used provided they
within 2.0 percent of NIST gas stand- yield equivalent results where:
ards. (A) A seven sample pair (or larger)
(18) Calibration or span gases for the correlation study between the system
CO and CO2 analyzers shall have puri- under consideration and a full flow di-
fied nitrogen as a diluent. Calibration lution system shall be run concur-
or span gases for the CH4 analyzer shall rently.
be CH4 with purified synthetic air or (B) Correlation testing is to be per-
purified nitrogen as diluent. formed at the same laboratory, test
(19) Calibration or span gases for the cell, and on the same engine.
NOX analyzer shall be NO with a max- (C) The equivalency criterion is de-
imum NO2 concentration of 5 percent of fined as a 5 percent agreement of the
the NO content. Purified nitrogen shall sample pair averages.
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Mine Safety and Health Admin., Labor 7.86
before the primary particulate filter inlet to the PDP does not exceed 122 F
shall not exceed 125 F (52.0 C). (50 C).
(3) Exhaust system backpressure (iii) Using CFV, the gas mixture tem-
shall not be artificially lowered by the perature shall be maintained within 20
PDP, CFV systems or dilution air inlet F (11 C) of the average operating tem-
system. Static exhaust backpressure perature observed during the test,
measured with the PDP or CFV system when no flow compensation is used.
operating shall remain within 0.44 (5) The heat exchanger shall be of
inches Hg (1.5 kPa) of the static pres- sufficient capacity to maintain the
sure measured without being connected temperature within the limits required
to the PDP or CFV at identical engine above and is optional if electronic flow
compensation is used.
speed and load.
(6) When the temperature at the inlet
(4) The gas mixture temperature
of either the PDP or CFV exceeds the
shall be measured at a point imme- limits stated in either paragraphs
diately ahead of the pump or mass (c)(4)(i) or (c)(4)(iii) of this section, an
measurement device. electronic flow compensation system
(i) Using PDP, the gas mixture tem- shall be required for continuous meas-
perature shall be maintained within 10 urement of the flow rate and control of
F (6.0 C) of the average operating the proportional sampling in the par-
temperature observed during the test, ticulate sampling system.
when no flow compensation is used. (7) The flow capacity of the system
(ii) Flow compensation can be used shall be large enough to eliminate
provided that the temperature at the water condensation.
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(8) The flow capacity of the PDP or (52.0 C) or less immediately before the
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Mine Safety and Health Admin., Labor 7.87
more than 5.0 percent (7.5 percent for determine the concentrations of CO
the filter pair respectively) of the rec- and NOX as specified in paragraph
ommended minimum filter loading in (a)(6)of this section.
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7.88 30 CFR Ch. I (7114 Edition)
(iv) The air inlet restriction shall be shall be set as specified in 7.87(a)(3)
set within 10 percent of a rec- (iii) and (iv).
ommended clean air filter at the en- (5) The engine shall be at a steady-
gine operating condition giving max- state condition before starting the test
imum air flow as specified by the en- modes.
gine manufacturer to determine the (i) The output from the gas analyzers
concentration of NOX as specified in shall be measured and recorded with
paragraph (a)(6) of this section. exhaust gas flowing through the ana-
(4) The engine shall be at a steady- lyzers a minimum of the last three (3)
state condition when the exhaust gas minutes of each mode.
samples are collected and other test (ii) To evaluate the gaseous emis-
data is measured. sions, the last 60 seconds of each mode
(5) In a category A engine, 1.0 0.1 shall be averaged.
percent CH4 shall be injected into the (iii) A 1.0 0.1 percent CH4, by vol-
engines intake air. ume, shall be injected into the engines
(6) Operate the engine at several intake air for category A engines.
speed/torque conditions to determine
(iv) The engine speed and torque
the concentrations of CO and NOX, dry
shall be measured and recorded at each
basis, in the raw exhaust.
test mode.
(b) Acceptable performance. The CO
and NOX concentrations in the raw ex- (v) The data required for use in the
haust shall not exceed the limits speci- gaseous ventilation calculations speci-
fied in 7.84(b) throughout the specified fied in paragraph (a)(9) of this section
operational range of the engine. shall be measured and recorded at each
test mode.
7.88 Test to determine the gaseous (6) Operate the engine at each rated
ventilation rate. speed and horsepower rating requested
The test shall be performed in the by the applicant according to Table E
order listed in Table E2. The test for 2 in order to measure the raw exhaust
determination of the particulate index gas concentration, dry basis, of CO,
described in 7.89 may be done simulta- CO2, NO, and NO2, and CH4- exhaust
neously with this test. (category A engines only).
(a) Test procedure. (1) Couple the die- (i) Test speeds shall be maintained
sel engine to the dynamometer and at- within 1 percent of rated speed or 3
tach the sampling and measurement RPM, which ever is greater, except for
devices specified in 7.86. low idle which shall be within the tol-
(2) A minimum time of 10 minutes is erances established by the manufac-
required for each test mode. turer.
(3) CO, CO2, NOX, and CH4 analyzers (ii) The specified torque shall be held
shall be zeroed and spanned at the ana- so that the average over the period
lyzer range to be used prior to testing. during which the measurements are
(4) Run the engine. taken is within 2 percent of the max-
(i) The parameter for fa shall be cal- imum torque at the test speed.
culated in accordance with 7.87(a)(3). (7) The concentration of CH4 in the
(ii) The air inlet and exhaust intake air shall be measured for cat-
backpressure restrictions on the engine egory A engines.
TABLE E2GASEOUS TEST MODES
Speed Rated speed Intermediate speed Low-idle speed
(8) After completion of the test (ii) The gaseous emission test shall
modes, the following shall be done: be acceptable if the difference in the
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(i) Zero and span the analyzers at the zero and span results taken before the
ranges used during the test. test and after the test are less than 2
percent.
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Mine Safety and Health Admin., Labor 7.89
(9) The gaseous ventilation rate for (x) The calculations to determine the
each exhaust gas contaminant shall be m of each exhaust gas contaminant in
calculated as follows grams per hour at each test point shall
(i) The following abbreviations shall be as follows for category A and cat-
apply to both category A and category egory B engines:
B engine calculations as appropriate:
(m NO)=(NO corr)(0.000470)(m Exh)
cfmCubic feet per min (ft3/min) (m NO2)=(NO2 corr)(0.000720)(m Exh)
ExhExhaust (m CO2)=(CO2 wet basis)(6.89)(m Exh)
AAir (lbs/hr) (m CO)=(CO wet basis)(4.38)(m Exh)
HGrains of water per lb. of dry intake air
JConversion factor (xi) The calculations to determine
mMass flow rate (mass/hr) the ventilation rate for each exhaust
TIIntake air temperature (F) gas contaminant at each test point
PCAirPercent Air shall be as follows for category A and
PCCH4Percent CH4 (intake air) category B engines:
UCH4Unburned CH4
PCECH4Percent Exhaust CH4 (cfm NO)=(m NO)(K)
(ii) Exhaust gas flow calculation for (cfm NO2)=(m NO2)(K)
category B engines shall be (m (cfm CO2)=(m CO2)(K)
Exh)=(A)+(m fuel). (cfm CO)=(m CO)(K)
(iii) Fuel/air ratio for category B en- Where:
gines shall be (f/a)=(m fuel) / (A). K=13,913.4/ (pollutant grams/mole) (pollutant
(iv) Methane flow through category A dilution value specified in 7.84(c)).
engines shall be determined by the fol-
lowing: (b) The gaseous ventilation rate for
each requested rated speed and horse-
PCAir=100PCCH4 power shall be the highest ventilation
Y=(PCAir)(0.289)+(PCCH4)(0.16) rate calculated in paragraph (a)(9)(xi)
Z=(0.16)(PCCH4)Y of this section.
mCH4=(A)(Z)(1Z) (1) Ventilation rates less than 20,000
(v) Exhaust gas flow calculation for cfm shall be rounded up to the next 500
category A engines shall be (m cfm.
Exh)=(A)+(m fuel)+(m CH4) Example: 10,432 cfm shall be listed
(vi) Unburned CH4 (lbs/hr) calculation 10,500 cfm.
for category A engines shall be (2) Ventilation rates greater than
mUCH4=(m Exh)(0.0052)(PCECH4) 20,000 cfm shall be rounded up to the
(vii) Fuel/air ratio for category A en- next 1,000 cfm.
gines shall be (f/a)=((m fuel)+(m Example: 26,382 cfm shall be listed
CH4)(m UCH4))(A) 27,000 cfm.
(viii) Conversion from dry to wet [61 FR 55504, Oct. 25, 1996; 62 FR 34640, June
basis for both category A and category 27, 1997]
B engines shall be:
7.89 Test to determine the particu-
(NO wet basis)=(NO dry basis)(J) late index.
(NO2 wet basis)=(NO2 dry basis)(J)
(CO2 wet basis)=(CO2 dry basis)(J) The test shall be performed in the
(CO wet basis)=(CO dry basis)(104)(J) order listed in Table E3.
(a) Test procedure. (1) Couple the die-
Where: sel engine to the dynamometer and
J=(f/a)(1.87)+(1(0.00022)(H)) connect the sampling and measure-
(ix) NO and NO2 correction for hu- ment devices specified in 7.86.
midity and temperature for category A (2) A minimum time of 10 minutes is
and category B engines shall be: required for each measuring point.
(3) Prior to testing, condition and
(NO corr)=(NO wet basis)(E) weigh the particulate filters as follows:
(NO2 corr)=(NO2 wet basis)(E) (i) At least 1 hour before the test,
Where: each filter (pair) shall be placed in a
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7.89 30 CFR Ch. I (7114 Edition)
(ii) At the end of the stabilization pe- (i) The engine speed and torque shall
riod, each filter (pair) shall be weighed. be measured and recorded at each test
The reading is the tare weight. mode.
(iii) The filter (pair) shall then be (ii) The data required for use in the
stored in a closed petri dish or a filter particulate index calculation specified
holder, both of which shall remain in in paragraph (a)(9) of this section shall
the weighing chamber (room) until be measured and recorded at each test
needed for testing. mode.
(6) A 1.0 0.1 percent CH4, by volume
(iv) The filter (pair) must be re-
shall be injected into the engines in-
weighed if not used within 8 hours of
take air for category A engines.
its removal from the weighing chamber
(7) Operate the engine at each rated
(room). speed and horsepower rating requested
(4) Run the engine. by the applicant according to Table E
(i) The parameter for fa shall be cal- 3 to collect particulate on the primary
culated in accordance with 7.87(a)(3). filter.
(ii) The air inlet and exhaust (i) One pair of single filters shall be
backpressure restrictions on the engine collected or eight multiple filter pairs
shall be set as specified in 7.87(a)(3) shall be collected.
(iii) and (iv). (ii) Particulate sampling shall be
(iii) The dilution air shall be set to started after the engine has reached a
obtain a maximum filter face tempera- steady-state condition.
ture of 125 F (52 C) or less at each test (iii) The sampling time required per
mode. mode shall be either a minimum of 20
(iv) The total dilution ratio shall not seconds for the single filter method or
be less than 4. a minimum of 60 seconds for the mul-
tiple filter method.
(5) The engine shall be at a steady
(iv) The minimum particulate load-
state condition before starting the test
ing specified in 7.86(c)(18) (iii) or (iv)
modes. shall be done.
TABLE E3PARTICULATE TEST MODES
Speed Rated speed Intermediate speed Low-idle speed
Weighting factor ................................................ 0.15 0.15 0.15 0.1 0.1 0.1 0.1 0.15
(v) Test speeds shall be maintained (8) After completion of the test, con-
within percent of rated speed or 3 dition and weigh the particulate filters
RPM, which ever is greater, except for in the weighing chamber (room) as fol-
low idle which shall be within the tol- lows:
erances set by the manufacturer. (i) Condition the filters for at least 1
(vi) The specified torque shall be held hour, but not more than 80 hours.
so that the average over the period (ii) At the end of the stabilization pe-
during which the measurements are riod, weigh each filter. The reading is
being taken is within 2 percent of the the gross weight.
maximum torque at the test speed. (iii) The particulate mass of each fil-
(vii) The modal weighting factors ter is its gross weight minus its tare
(WF) given in Table E3 shall be ap- weight.
plied to the multiple filter method dur- (iv) The particulate mass (PF for the
ing the calculations as shown in para- single filter method; PF,i for the mul-
graph (a)(9)(iii)(B) of this section. tiple filter method) is the sum of the
(viii) For the single filter method, particulate masses collected on the pri-
the modal WF shall be taken into ac- mary and back-up filters.
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count during sampling by taking a (v) The test is void and must be rerun
sample proportional to the exhaust if the sample on the filter contacts the
mass flow for each mode of the cycle. petri dish or any other surface.
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Mine Safety and Health Admin., Labor 7.89
(9) The particulate index for the mass (ii) When calculating ambient humid-
particulate shall be calculated from ity correction for the particulate con-
the equations listed below centration (Pf part), the equation shall
(i) The following abbreviations shall be:
be: Pfcorr = (Pf)(Kp)
cfmCubic feet per min (ft3 min) Kp = 1 / (1 + 0.0133 * (H 10.71))
PTParticulate (gr/hr)
m mixDiluted exhaust gas mass flow rate Where:
on wet basis (kg/hr) Ha = humidity of the intake air, g water per
m sampleMass of the diluted exhaust sam- kg dry air
ple passed through the particulate sam- Ha = (6.220 * Ra * pa) / (pBpa Ra * 102)
pling filters (kg) Ra = relative humidity of the intake air, %
PfParticulate sample mass collected on a pa = saturation vapor pressure of the intake
filter (mg) at each test mode as determined air, kPa
in Table E3. pB = total barometric pressure, kPa
KpHumidity correction factor for particu-
(iii) When the multiple filter method
late
WFWeighting factor is used, the following equations shall
i-Subscript denoting an individual mode, i = be used.
1, . . . n (A) Mass of particulate emitted is
PIParticulate Index (cfm) calculated as follows:
PT gr / hri =
( Pfcorr mg i )( m mix kg /hri )
( m sample kg i )(1000 mg /gr )
i=n
(
PT gr /hr = PT gr /hri WFi )( )
i =1
(iv) When the single filter method is (A) Mass of particulate emitted:
ER25oc96.005</MATH> ER25oc96.006</MATH>
PT gr/hr =
(m sample kg)(1000 mg/gr )
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7.90 30 CFR Ch. I (7114 Edition)
Where:
i=n
( m mix kg / hr ) avg. = ( m mix kg / hri )( WFi )
i =1
i=n
( m sample kg ) = ( m sample kg i )
i =1
(v) When the effective weighting fac- for the single filter method, the fol-
tor, WFE,i, for each mode is calculated lowing shall apply.
( A ) WFE , i =
( m sample kg i ) ( m mix kg /hr avg)
( m sample kg )( m mix kg /hri )
MSHA.
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Mine Safety and Health Admin., Labor 7.97
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7.97 30 CFR Ch. I (7114 Edition)
with the technical requirements. An ments of this subpart for systems using
exhaust conditioner assembly drawing a wet exhaust conditioner as the ex-
shall be provided showing the location, haust flame arrester.
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Mine Safety and Health Admin., Labor 7.98
(4) The maximum grade on which the will be evaluated under the provisions
wet exhaust conditioner can be oper- of 7.107.
ated retaining the flame arresting (e) All V-belts shall be static con-
characteristics. ducting and have a resistance not ex-
(5) A finalized version of the power ceeding 6 megohms, when measured
package checklist. with a direct current potential of 500
volts or more.
7.98 Technical requirements. (f) The engine crankcase breather
(a) The diesel power package shall shall not be connected to the air intake
use a category A diesel engine ap- system of the engine. The discharge
proved under subpart E of this part from the breather shall be directed
with the following additional require- away from hot surfaces of the engine
ments: and exhaust system.
(1) A hydraulic, pneumatic, or other (g) Electrical components on diesel
mechanically actuated starting mecha- power packages shall be certified or ap-
nism. Other means of starting shall be proved by MSHA under parts 7, 18, 20,
evaluated in accordance with the provi- and 27 of this chapter.
sions of 7.107. (h) Electrical systems on diesel
(2) If an air compressor is provided, power packages consisting of electrical
the intake air line shall be connected components, interconnecting wiring,
to the engine intake system between and mechanical and electrical protec-
the air cleaner and the flame arrester. tion shall meet the requirements of
If the air compressors inlet air line is parts 7, 18, and 27 of this chapter, as ap-
not connected to the engines intake plicable.
system, it shall have an integral air fil- (i) The diesel power package shall be
ter. equipped with a safety shutdown sys-
(b) The temperature of any external tem which will automatically shut off
surface of the diesel power package the fuel supply and stop the engine in
shall not exceed 302 F (150 C). response to signals from sensors indi-
(1) Diesel power package designs cating
using water jacketing to meet this re- (1) The coolant temperature limit
quirement shall be tested in accord- specified in paragraph (b) of this sec-
ance with 7.101. tion;
(2) Diesel power packages using other (2) The exhaust gas temperature
techniques will be evaluated under the limit specified in paragraph (s)(4) of
provisions of 7.107. this section;
(3) When using water-jacketed com- (3) The minimum allowable low water
ponents, provisions shall be made for level, for a wet exhaust conditioner, as
positive circulation of coolant, venting established by tests in 7.100. Restart-
of the system to prevent the accumula- ing of the engine shall be prevented
tion of air pockets, and effective acti- until the water level in the wet ex-
vation of the safety shutdown system haust conditioner has been replenished
before the temperature of the coolant above the minimum allowable low
in the jackets exceeds the manufactur- water level; and
ers specifications or 212 F (100 C), (4) The presence of other safety haz-
whichever is lower. ards such as high methane concentra-
(c) External rotating parts shall not tion, actuation of the fire suppression
be constructed of aluminum alloys con- system, etc., if such sensors are in-
taining more than 0.6 percent magne- cluded in the safety shutdown system.
sium. (j) The safety shutdown system shall
(d) If nonmetallic rotating parts are have the following features:
used, they shall be provided with a (1) A means to automatically disable
means to prevent an accumulation of the starting circuit and prevent en-
static electricity. Static conducting gagement of the starting mechanism
materials shall have a total resistance while the engine is running, or a start-
of 1 megohm or less, measured with an ing mechanism constructed of non-
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7.98 30 CFR Ch. I (7114 Edition)
engine oil pressure must be overridden (i) Flat surfaces between bolt holes
to start the engine, the override shall that form any part of a flame-arresting
not be capable of overriding any of the path shall be planed to within a max-
safety shutdown sensors specified in imum deviation of one-half the max-
paragraph (i) of this section. imum clearance specified in paragraph
(k) The diesel power package shall be (q)(7) of this section. All metal surfaces
explosion-proof as determined by the forming a flame-arresting path shall be
tests set out in 7.100. finished during the manufacturing
(l) Engine joints that directly or indi- process to not more than 250 micro-
rectly connect the combustion cham- inches.
ber to the surrounding atmosphere (ii) A means shall be provided to en-
shall be explosion-proof in accordance sure that fastenings maintain the
with paragraphs (m) through (q) of this tightness of joints. The means provided
section and 7.100. This paragraph does shall not lose its effectiveness through
not apply to the following: repeated assembly and disassembly.
(1) Pistons to piston rings; (iii) Fastenings shall be as uniform in
(2) Pistons to cylinder walls; size as practicable to preclude im-
(3) Piston rings to cylinder walls; proper assembly.
(iv) Holes for fastenings shall not
(4) Cylinder head to cylinder block;
penetrate to the interior of an intake
(5) Valve stem to valve guide; or
or exhaust system and shall be thread-
(6) Injector body to cylinder head. ed to ensure that all specified bolts or
(m) Each segment of the intake sys- screws will not bottom even if the
tem and exhaust system required to washers are omitted.
provide explosion-proof features shall (v) Fastenings used for joints of
be constructed of metal and designed flame-arresting paths on intake or ex-
to withstand a minimum internal pres- haust systems shall be used only for at-
sure equal to four times the maximum taching parts that are essential in
pressure observed in that segment in maintaining the explosion-proof integ-
tests under 7.100 or a pressure of 150 rity. They shall not be used for attach-
psig, whichever is less. Castings shall ing brackets or other parts.
be free from blowholes. (vi) The minimum thickness of mate-
(n) Welded joints forming the explo- rial for flanges shall be 12-inch, except
sion-proof intake and exhaust systems that a final thickness of 716-inch is al-
shall be continuous and gas-tight. At a lowed after machining rolled plate.
minimum, they shall be made in ac- (vii) The maximum fastening spacing
cordance with American Welding Soci- shall be 6 inches.
ety Standard D14.477 or meet the test (viii) The minimum diameter of fas-
requirements of 7.104 with the inter- tenings shall be 38-inch, except smaller
nal pressure equal to four times the diameter fastenings may be used if the
maximum pressure observed in tests joint first meets the requirements of
under 7.100 or a pressure of 150 psig, the static pressure test in 7.104, and
whichever is less. the explosion test in 7.100.
(o) Flexible connections shall be per- (ix) The minimum thread engage-
mitted in segments of the intake and ment of fastenings shall be equal to or
exhaust systems required to provide greater than the nominal diameter of
explosion-proof features, provided that the fastenings specified, or the intake
failure of the connection activates the or exhaust system must meet the test
safety shutdown system before the ex- requirements of the explosion tests in
plosion-proof characteristics are lost. 7.100 and the static pressure test in
(p) Flame-arresting paths in the in- 7.104.
take and exhaust systems shall be (x) The minimum contact surface of
formed either by gaskets forming flame-arresting paths
(1) Flanged metal to metal joints shall be 38-inch, and the thickness of
meeting the requirements of paragraph the gaskets shall be no greater than
(q) of this section; or 116-inch. The minimum distance from
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(2) Metal flanges fitted with metal the interior edge of a gasket to the
gaskets and meeting the following re- edge of a fastening hole shall be 38-
quirements: inch. The gaskets shall be positively
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Mine Safety and Health Admin., Labor 7.98
positioned, and a means shall be pro- (2) A means shall be provided to en-
vided to preclude improper installa- sure that fastenings maintain the
tion. When the joint is completely as- tightness of joints. The means provided
sembled, it shall be impossible to in- shall not lose its effectiveness through
sert a 0.0015-inch thickness gauge to a repeated assembly and disassembly.
depth exceeding 18-inch between the (3) Fastenings shall be as uniform in
gasket and mating flanges. Other gas- size as practicable to preclude im-
ket designs shall be evaluated in ac- proper assembly.
cordance with 7.107. (4) Holes for fastenings shall not pen-
(q) The following construction re- etrate to the interior of an intake or
quirements shall apply to flame-arrest- exhaust system and shall be threaded
ing paths formed without gaskets: to ensure that all specified bolts or
screws will not bottom even if the
(1) Flat surfaces between fastening
washers are omitted.
holes that form any part of a flame-ar- (5) Fastenings used for joints of
resting path shall be planed to within a flame-arresting paths on intake or ex-
maximum deviation of one-half the haust systems shall be used only for at-
maximum clearance specified in para- taching parts that are essential in
graph (q)(7) of this section. All metal maintaining the explosion-proof integ-
surfaces forming a flame-arresting rity. They shall not be used for attach-
path shall be finished during the manu- ing brackets or other parts.
facturing process to not more than 250 (6) The flame-arresting path of
microinches. A thin film of nonhard- threaded joints shall conform to the re-
ening preparation to inhibit rusting quirements of paragraph (q)(7) of this
may be applied to these finished metal section.
surfaces, as long as the final surface (7) Intake and exhaust systems joints
can be readily wiped free of any foreign shall meet the specifications set out in
materials. Table F1.
TABLE F1DIMENSIONAL REQUIREMENTS FOR EXPLOSION-PROOF INTAKE AND EXHAUST SYSTEM
JOINTS
Maximum diametrical clearance between fastening body and unthreaded holes through which it 116
passes 8 9 10.
Minimum distance from interior of the intake or exhaust system to the edge of a fastening
hole: 11
Joint-minimum width 1 ....................................................................................................
7 16 8 12
in length. If the perpendicular portion is more than 18-inch but less than 14-inch wide, the diametrical clearance shall not ex-
ceed 0.006-inch.
4 Studs, when provided, shall bottom in blind holes, be completely welded in place, or have the bottom of the hole closed
with a plug secured by weld or braze. Fastenings shall be provided at all corners.
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7.98 30 CFR Ch. I (7114 Edition)
5 The requirements as to diametrical clearance around the fastening and minimum distance from the fastening hole to the in-
side of the intake or exhaust system apply to steel dowel pins. In addition, when such pins are used, the spacing between
centers of the fastenings on either side of the pin shall not exceed 5 inches.
6 Fastening diameters smaller than specified may be used if the joint or assembly meets the test requirements of 7.104.
7 Minimum thread engagement shall be equal to or greater than the nominal diameter of the fastening specified, or the in-
take or exhaust system must meet the test requirements of 7.104.
8 The requirements as to diametrical clearance around the fastening and minimum distance from the fastening hole to the in-
side of the intake or exhaust system apply to steel dowel pins. In addition, when such pins are used, the spacing between
centers of the fastenings on either side of the pin shall not exceed 5 inches.
9 This maximum clearance only applies when the fastening is located within the flame-arresting path.
10 Threaded holes for fastenings shall be machined to remove burrs or projections that affect planarity of a surface forming a
flame-arresting path.
11 Edge of the fastening hole shall include any edge of any machining done to the fastening hole, such as chamfering.
12 If the diametrical clearance for fastenings does not exceed 132-inch, then the minimum distance shall be 14-inch.
(r) Intake system. (1) The intake sys- path core thickness shall be at least 1
tem shall include a device between the inch. The core and flame arrester hous-
air cleaner and intake flame arrester, ing shall be an integral unit which can-
operable from the equipment operators not be disassembled.
compartment, to shut off the air sup- (3) The intake system shall be de-
ply to the engine for emergency pur- signed so that improper installation of
poses. Upon activation, the device the flame arrester is impossible.
must operate immediately and the en- (4) The intake system shall include
gine shall stop within 15 seconds. an air cleaner service indicator. The
(2) The intake system shall include a air cleaner shall be installed so that
flame arrester that will prevent an ex- only filtered air will enter the flame
plosion within the system from propa- arrester. The air cleaner shall be sized
gating to a surrounding flammable and the service indicator set in accord-
mixture when tested in accordance
ance with the engine manufacturers
with the explosion tests in 7.100. The
recommendations. Unless the service
flame arrester shall be located between
indicator is explosion-proof, it shall be
the air cleaner and the intake manifold
located between the air cleaner and
and shall be attached so that it can be
flame arrester, and the service indi-
removed for inspection or cleaning.
cator setting shall be reduced to ac-
The flame arrester shall be constructed
count for the additional restriction im-
of corrosion-resistant metal and meet
posed by the flame arrester.
the following requirements:
(i) Two intake flame arrester designs, (5) The intake system shall include a
the spaced-plate type and the crimped connection between the intake flame
ribbon type, will be tested in accord- arrester and the engine head for tem-
ance with the requirements of 7.100. porary attachment of a device to indi-
Variations to these designs or other in- cate the total vacuum in the system.
take flame arrester designs will be This opening shall be closed by a plug
evaluated under the provisions of or other suitable device that is sealed
7.107. or locked in place except when in use.
(ii) In flame arresters of the spaced- (s) Exhaust system. (1) The exhaust
plate type, the thickness of the plates system shall include a flame arrester
shall be at least 0.125-inch; spacing be- that will prevent propagation of flame
tween the plates shall not exceed 0.018- or discharge of glowing particles to a
inch; and the flame-arresting path surrounding flammable mixture. The
formed by the plates shall be at least 1 flame arrester shall be constructed of
inch wide. The unsupported length of corrosion-resistant metal.
the plates shall be short enough that (i) If a mechanical flame arrester is
permanent deformation resulting from used, it shall be positioned so that only
explosion tests shall not exceed 0.002- cooled exhaust gas at a maximum tem-
inch. The plates and flame arrester perature of 302 F (150 C) will be dis-
housing shall be an integral unit which charged through it.
cannot be disassembled. (ii) If a mechanical flame arrester of
(iii) In flame arresters of the crimped the spaced-plate type is used, it must
ribbon type, the dimensions of the core meet the requirements of paragraph
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openings shall be such that a plug (r)(2)(ii) of this section and the test re-
gauge 0.018-inch in diameter shall not quirements of 7.100. Variations to the
pass through, and the flame-arresting spaced-plate flame arrester design and
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Mine Safety and Health Admin., Labor 7.99
other mechanical flame arrester de- before the exhaust gas temperature at
signs shall be evaluated under the pro- discharge from the wet exhaust condi-
visions of 7.107. The flame arrester tioner exceeds 185 F (85 C) when test-
shall be designed and attached so that ed in accordance with the safety sys-
it can be removed for inspection and tem controls test in 7.103. All parts of
cleaning. the wet exhaust conditioner and associ-
(2) The exhaust system shall allow a ated components that come in contact
wet exhaust conditioner to be used as with contaminated exhaust conditioner
the exhaust flame arrester provided water shall be constructed of corro-
that the explosion tests of 7.100 dem- sion-resistant material.
onstrate that the wet exhaust condi- (ii) When a dry exhaust conditioner is
tioner will arrest flame. When used as used to cool the exhaust gas, the tem-
a flame arrester, the wet exhaust con- perature of the exhaust gas at dis-
ditioner shall be equipped with a sensor charge from the diesel power package
to automatically activate the safety shall not exceed 302 F (150 C) when
shutdown system at or above the min- tested in accordance with the exhaust
imum allowable low water level estab- gas cooling efficiency test of 7.102. A
lished by 7.100. Restarting of the en- sensor shall be provided that activates
gine shall be prevented until the water the safety shutdown system before the
supply in the wet exhaust conditioner exhaust gas exceeds 302 F (150 C) when
has been replenished above the min- tested in accordance with the safety
imum allowable low water level. All system control test in 7.103. A means
parts of the wet exhaust conditioner shall be provided to prevent the dis-
and associated components that come charge of glowing particles, and it shall
in contact with contaminated exhaust be evaluated under the provisions of
conditioner water shall be constructed 7.107.
of corrosion-resistant material. The (5) Other means for cooling the ex-
wet exhaust conditioner shall include a haust gas and preventing the propaga-
means for verifying that the safety tion of flame or discharge of glowing
shutdown system operates at the prop- particles shall be evaluated under the
er water level. A means shall be pro- provisions of 7.107.
vided for draining and cleaning the wet (6) There shall be a connection in the
exhaust conditioner. The final exhaust exhaust system for temporary attach-
gas temperature at discharge from the ment of a device to indicate the total
wet exhaust conditioner shall not ex- backpressure in the system and collec-
ceed 170 F (76 C) under test conditions tion of exhaust gas samples. This open-
specified in 7.102. A sensor shall be ing shall be closed by a plug or other
provided that activates the safety suitable device that is sealed or locked
shutdown system before the exhaust in place except when in use.
gas temperature at discharge from the
wet exhaust conditioner exceeds 185 F [61 FR 55518, Oct. 25, 1996, 62 FR 34640, 34641,
June 27, 1997]
(85 C) under test conditions specified
in 7.103(a)(4). 7.99 Critical characteristics.
(3) The exhaust system shall be de-
signed so that improper installation of The following critical characteristics
the flame arrester is impossible. shall be inspected or tested on each
(4) The exhaust system shall provide diesel power package to which an ap-
a means to cool the exhaust gas and proval marking is affixed:
prevent discharge of glowing particles. (a) Finish, width, planarity, and
(i) When a wet exhaust conditioner is clearances of surfaces that form any
used to cool the exhaust gas and pre- part of a flame-arresting path.
vent the discharge of glowing particles, (b) Thickness of walls and flanges
the temperature of the exhaust gas at that are essential in maintaining the
the discharge from the exhaust condi- explosion-proof integrity of the diesel
tioner shall not exceed 170 F (76 C) power package.
when tested in accordance with the ex- (c) Size, spacing, and tightness of fas-
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7.100 30 CFR Ch. I (7114 Edition)
of the intake system as follows: peak pressure exceeds 110 psig, con-
(i) Install the diesel power package in struction changes shall be made that
an explosion test chamber which is result in a reduction of pressure to 110
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Mine Safety and Health Admin., Labor 7.100
psig or less, or the system shall be test- shall be performed as described for the
ed in accordance with the static pres- intake system in accordance with this
sure test of 7.104 with the pressure pa- section. Water shall not be present in a
rameter replaced with a static pressure wet exhaust conditioner for the tests.
of twice the highest value recorded. (iii) If the wet exhaust conditioner is
(vi) If the peak pressure does not ex- used as the exhaust flame arrester, ex-
ceed 110 psig or if the system meets the plosion testing of this type of system
static pressure test requirements of shall be performed as described for the
this section and there is no discharge intake system in accordance with this
of visible flames or glowing particles or section with the following modifica-
ignition of the flammable mixture in tions:
the chamber, a total of 20 tests shall be (A) Twenty static tests, twenty dy-
conducted in accordance with the ex- namic tests at 1800 200 RPM, and
plosion test specified above. twenty dynamic tests at 1000 200 RPM
(vii) For dynamic tests, follow the shall be conducted at 2 inches below
same procedures for static tests, except the minimum allowable low water
actuate the ignition source while mo- level. All entrances in the wet exhaust
toring the engine. Forty dynamic tests conditioner which do not form explo-
shall be conducted at two speeds, twen- sion-proof joints shall be opened. These
ty at 1800 200 RPM and twenty at 1000 openings may include lines which con-
200 RPM. Under some circumstances, nect the reserve water supply to the
during dynamic testing the flammable wet exhaust conditioner, insert flanges,
mixture may continue to burn within float flanges, and cover plates. These
the diesel power package after igni- entrances are opened during this test
tion. This condition can be recognized to verify that they are not flame paths.
by the presence of a rumbling noise and (B) Twenty static tests, twenty dy-
a rapid increase in temperature. This namic tests at 1800 200 RPM, and
can cause the flame-arrester to reach twenty dynamic tests at 1000 200 RPM
temperatures which can ignite the sur- shall be conducted at 2 inches below
rounding flammable mixture. Ignition the minimum allowable low water
of the flammable mixture in the test level. All entrances in the wet exhaust
chamber under these circumstances conditioner (except the exhaust condi-
does not constitute failure of the flame tioner outlet) which do not form explo-
arrester. However; if this condition is sion-proof joints shall be closed. These
observed, the test operator should im- openings are closed to simulate normal
mediately stop the engine and allow operation.
components to cool to prevent damage (C) Twenty static tests, twenty dy-
to the components. namic tests at 1800 200 RPM, and
(3) Perform static and dynamic tests twenty dynamic tests at 1000 200 RPM
of the exhaust system as follows: shall be conducted at the specified high
(i) Prepare the diesel power package or normal operating water level. All
for explosion tests according to entrances in the wet exhaust condi-
7.100(a)(2)(i) as follows: tioner which do not form explosion-
(A) Install the ignition source imme- proof joints shall be opened.
diately adjacent to the exhaust mani- (D) Twenty static tests, twenty dy-
fold. namic tests at 1800 200 RPM, and
(B) Install pressure measuring de- twenty dynamic tests at 1000 200 RPM
vices in each segment as follows: im- shall be conducted at the specified high
mediately adjacent to the exhaust con- or normal operating water level. All
ditioner inlet; in the exhaust condi- entrances in the wet exhaust condi-
tioner; and immediately adjacent to tioner (except the exhaust conditioner
the flame arrester, if applicable. outlet) which do not form explosion-
(C) Install a temperature device im- proof joints shall be closed.
mediately adjacent to the exhaust con- (iv) After successful completion of
ditioner inlet. the explosion tests of the exhaust sys-
(ii) If the exhaust system is provided tem, the minimum allowable low water
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7.101 30 CFR Ch. I (7114 Edition)
inches to the lowest water level that mal operating water level and have a
passed the explosion tests. reserve water supply available, if appli-
(v) A determination shall be made of cable.
the maximum grade on which the wet (2) Tests shall be conducted as fol-
exhaust conditioner can be operated re- lows:
taining the flame-arresting character- (i) The engine shall be set to the
istics. rated horsepower specified in
(b) Acceptable performance. The explo- 7.97(a)(2).
sion tests shall not result in any of the (ii) Install sufficient temperature
following measuring devices to determine the lo-
(1) Discharge of flame or glowing par- cation of the highest coolant tempera-
ticles. ture. The temperature measuring de-
(2) Visible discharge of gas through vices shall be accurate to 4 F (2 C).
gasketed joints. (iii) Operate the engine at rated
(3) Ignition of the flammable mixture horsepower and with 0.5 0.1 percent,
in the test chamber. by volume, of methane in the intake
(4) Rupture of any part that affects air mixture until all parts of the en-
the explosion-proof integrity. gine, exhaust coolant system, and
(5) Clearances, in excess of those other components reach their respec-
specified in this subpart, along acces- tive equilibrium temperatures. The liq-
sible flame-arresting paths, following uid fuel temperature into the engine
any necessary retightening of fas- shall be maintained at 100 F (38 C) 10
tenings. F (6 C) and the intake air tempera-
(6) Pressure exceeding 110 psig, unless ture shall be maintained at 70 F (21 C)
the intake system or exhaust system 5 F (3 C).
has withstood a static pressure of twice (iv) Increase the coolant system tem-
the highest value recorded in the explo- peratures until the highest coolant
sion tests of this section following the temperature is 205 F to 212 F (96 C to
static pressure test procedures of 100 C), or to the maximum tempera-
7.104. ture specified by the applicant, if
(7) Permanent distortion of any lower.
planar surface of the diesel power (v) After all coolant system tempera-
package exceeding 0.04-inches/linear tures stabilize, operate the engine for 1
foot. hour.
(8) Permanent deformation exceeding (vi) The ambient temperature shall
0.002-inch between the plates of spaced- be between 50 F (10 C) and 104 F (40
plate flame arrester designs. C) throughout the tests.
[61 FR 55518, Oct. 25, 1996; 62 FR 34641, June (b) Acceptable performance. The sur-
27, 1997] face temperature of any external sur-
face of the diesel power package shall
7.101 Surface temperature tests. not exceed 302 F (150 C) during the
The test for determination of exhaust test.
gas cooling efficiency described in
7.102 may be done simultaneously 7.102 Exhaust gas cooling efficiency
with this test. test.
(a) Test procedures. (1) Prepare to test (a) Test procedures. (1) Follow the pro-
the diesel power package as follows: cedures specified in 7.101(a).
(i) Perform a detailed check of parts (2) Install a temperature measuring
against the drawings and specifications device to measure the exhaust gas tem-
submitted to MSHA under compliance perature at discharge from the exhaust
with 7.97 to determine that the parts conditioner. The temperature meas-
and drawings agree. uring device shall be accurate to 4 F
(ii) Fill the coolant system with a (2 C).
mixture of equal parts of antifreeze and (3) Determine the exhaust gas tem-
water, following the procedures speci- perature at discharge from the exhaust
fied in the application, 7.97(a)(3). conditioner before the exhaust gas is
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Mine Safety and Health Admin., Labor 7.103
from a wet exhaust conditioner before sor activates the safety shutdown sys-
the exhaust gas is diluted with air tem and stops the engine.
shall not exceed 170 F (76 C). (5) For systems using a wet exhaust
(2) The exhaust gas temperature at conditioner as an exhaust flame ar-
discharge from a dry exhaust condi- rester, determine the effectiveness of
tioner before the gas is diluted with air the low water sensor which will auto-
shall not exceed 302 F (150 C). matically activate the safety shutdown
system and stop the engine at or above
7.103 Safety system control test. the minimum allowable low water level
(a) Test procedures. (1) Prior to test- established from results of the explo-
ing, perform the tasks specified in sion tests in 7.100 with the engine op-
7.101(a)(1) and install sufficient tem- erating at a high idle speed condition.
perature measuring devices to measure Temporarily disable the reserve water
the highest coolant temperature and supply, if applicable, and any safety
exhaust gas temperature at discharge shutdown system control that might
from the exhaust conditioner. The tem- interfere with the evaluation of the op-
perature measuring devices shall be ac- eration of the low water sensor. Prior
curate to 4 F (2 C). to testing, set the water level in the
(2) Determine the effectiveness of the wet exhaust conditioner to a level just
coolant system temperature shutdown above the minimum allowable low
sensors which will automatically acti- water level. Run the engine until the
vate the safety shutdown system and low water sensor activates the safety
stop the engine before the coolant tem- shutdown system and stops the engine.
perature in the cooling jackets exceeds Measure the low water level. Attempt
manufacturers specifications or 212 F to restart the engine.
(100 C), whichever is lower, by oper- (6) Determine the effectiveness of the
ating the engine and causing the cool- device in the intake system which is
ant in the cooling jackets to exceed the designed to shut off the air supply and
specified temperature. stop the engine for emergency purposes
(3) For systems using a dry exhaust with the engine operating at both a
gas conditioner, determine the effec- high idle speed condition and a low idle
tiveness of the temperature sensor in speed condition. Run the engine and
the exhaust gas stream which will activate the emergency intake air
automatically activate the safety shut- shutoff device.
down system and stop the engine be- (7) Determine the total air inlet re-
fore the cooled exhaust gas tempera- striction of the complete intake sys-
ture exceeds 302 F (150 C), by oper- tem, including the air cleaner, as
ating the engine and causing the cooled measured between the intake flame ar-
exhaust gas to exceed the specified rester and the engine head with the en-
temperature. gine operating at maximum air flow.
(4) For systems using a wet exhaust (8) Determine the total exhaust
conditioner, determine the effective- backpressure with the engine operating
ness of the temperature sensor in the at rated horsepower as specified in
exhaust gas stream which will auto- 7.103(a)(7). If a wet exhaust condi-
matically activate the safety shutdown tioner is used, it must be filled to the
system and stop the engine before the high or normal operating water level
cooled exhaust gas temperature ex- during this test.
ceeds 185 F (85 C), with the engine op- (9) The starting mechanism shall be
erating at a high idle speed condition. tested to ensure that engagement is
Temporarily disable the reserve water not possible while the engine is run-
supply, if applicable, and any safety ning. Operate the engine and attempt
shutdown system control that might to engage the starting mechanism.
interfere with the evaluation of the op- (10) Where the lack of engine oil pres-
eration of the exhaust gas temperature sure must be overridden in order to
sensor. Prior to testing, set the water start the engine, test the override to
level in the wet exhaust conditioner to ensure that it does not override any of
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a level just above the minimum allow- the safety shutdown sensors specified
able low water level. Run the engine in 7.98(i). After each safety shutdown
until the exhaust gas temperature sen- sensor test specified in paragraphs
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7.104 30 CFR Ch. I (7114 Edition)
(a)(2) through (a)(5) of this section, im- pressure observed in each segment dur-
mediately override the engine oil pres- ing the tests of 7.100, or 150 psig 5
sure and attempt to restart the engine. psig, whichever is less. Maintain the
(b) Acceptable performance. Tests of pressure for a minimum of 10 seconds.
the safety system controls shall result (3) Following the pressure hold, the
in the following: pressure shall be removed and the pres-
(1) The coolant system temperature surizing agent removed from the in-
shutdown sensor shall automatically take system or exhaust system.
activate the safety shutdown system (b) Acceptable performance. (1) The in-
and stop the engine before the water take system or exhaust system, during
temperature in the cooling jackets ex- pressurization, shall not exhibit
ceeds manufacturers specifications or (i) Leakage through welds and
212 F (100 C), whichever is lower. gasketed joints; or
(2) The temperature sensor in the ex- (ii) Leakage other than along joints
haust gas stream of a system using a meeting the explosion-proof require-
dry exhaust conditioner shall auto- ments of 7.98(q).
matically activate the safety shutdown (2) Following removal of the pressur-
system and stop the engine before the izing agent, the intake system or ex-
cooled exhaust gas exceeds 302 F (150 haust system shall not exhibit any
C). (i) Changes in fastening torque;
(3) The temperature sensor in the ex- (ii) Visible cracks in welds;
haust gas stream of a system using a (iii) Permanent deformation affect-
wet exhaust conditioner shall auto- ing the length or gap of any flame-ar-
matically activate the safety shutdown resting paths;
system and stop the engine before the (iv) Stretched or bent fastenings;
cooled exhaust gas exceeds 185 F (85 (v) Damaged threads of parts affect-
C). ing the explosion-proof integrity of the
(4) The low water sensor for systems intake system or exhaust system; or
using a wet exhaust conditioner shall (vi) Permanent distortion of any
automatically activate the safety shut- planar surface of the diesel power
down system and stop the engine at or package exceeding 0.04-inches/linear
above the minimum allowable low foot.
water level and prevent restarting of
the engine. 7.105 Approval marking.
(5) The emergency intake air shutoff Each approved diesel power package
device shall operate immediately when shall be identified by a legible and per-
activated and stop the engine within 15 manent approval plate inscribed with
seconds. the assigned MSHA approval number
(6) The total intake air inlet restric- and securely attached to the diesel
tion and the total exhaust power package in a manner that does
backpressure shall not exceed the en- not impair any explosion-proof charac-
gine manufacturers specifications. teristics. The grade limitation of a wet
(7) It shall not be possible to engage exhaust conditioner used as an exhaust
the starting mechanism while the en- flame arrester shall be included on the
gine is running, unless the starting approval marking.
mechanism is constructed of non-
sparking material. 7.106 Post-approval product audit.
(8) The engine oil pressure override Upon request by MSHA, but not more
shall not override any of the shutdown than once a year except for cause, the
sensors. approval-holder shall make an ap-
proved diesel power package available
7.104 Internal static pressure test. for audit at no cost to MSHA.
(a) Test procedures. (1) Isolate and seal
each segment of the intake system or 7.107 New technology.
exhaust system to allow pressuriza- MSHA may approve a diesel power
tion. package that incorporates technology
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(2) Internally pressurize each seg- for which the requirements of this sub-
ment of the intake system or exhaust part are not applicable if MSHA deter-
system to four times the maximum mines that the diesel power package is
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Mine Safety and Health Admin., Labor 7.303
as safe as those which meet the re- requirements of 7.304 of this part and
quirements of this subpart. is constructed so that it will withstand
the explosion tests of 7.306 of this
7.108 Power package checklist. part.
Each diesel power package bearing an Fastening. A bolt, screw, or stud used
MSHA approval plate shall be accom- to secure adjoining parts to prevent
panied by a power package checklist. the escape of flame from an explosion-
The power package checklist shall con- proof enclosure.
sist of a list of specific features that Flame-arresting path. Two or more ad-
must be checked and tests that must joining or adjacent surfaces between
be performed to determine if a pre- which the escape of flame is prevented.
viously approved diesel power package Internal free volume (of an empty enclo-
is in approved condition. Test proce- sure). The volume remaining after de-
dures shall be specified in sufficient de- ducting the volume of any part that is
tail to allow evaluation to be made essential in maintaining the explosion-
without reference to other documents. proof integrity of the enclosure or nec-
Illustrations shall be used to fully essary for operation of the motor. Es-
identify the approved configuration of sential parts include the parts that
the diesel power package. constitute the flame-arresting path
and those necessary to secure parts
Subpart JElectric Motor that constitute a flame-arresting path.
Motor assembly. The winding compart-
Assemblies ment including a conduit box when
specified. A motor assembly is com-
SOURCE: 57 FR 61193, Dec. 23, 1992, unless prised of one or more explosion-proof
otherwise noted. enclosures.
Plane joint. A joint comprised of two
7.301 Purpose and effective date.
adjoining surfaces in parallel planes.
This subpart establishes the specific Step (rabbet) joint. A joint comprised
requirements for MSHA approval of of two adjoining surfaces with a change
certain explosion-proof electric motor or changes in direction between its
assemblies intended for use in approved inner and outer edges. A step joint may
equipment in underground mines. Ap- be composed of a cylindrical portion
plications for approval or extensions of and a plane portion or of two or more
approval submitted after February 22, plane portions.
1996 shall meet the requirements of Stuffing box. An entrance with a re-
this part. Those motors that incor- cess filled with packing material for
porate features not specifically ad- cables extending through a wall of an
dressed in this subpart will continue to explosion-proof enclosure.
be evaluated under part 18 of this chap- Threaded joint. A joint consisting of a
ter. male- and a female-threaded member,
both of which are the same type and
7.302 Definitions. gauge.
The following definitions apply in
this subpart: 7.303 Application requirements.
Afterburning. The combustion of any (a) An application for approval of a
flammable mixture that is drawn into motor assembly shall include a com-
an enclosure after an internal explo- posite drawing or drawings with the
sion in the enclosure. This condition is following information:
determined through detection of sec- (1) Model (type), frame size, and rat-
ondary pressure peaks occurring subse- ing of the motor assembly.
quent to the initial explosion. (2) Overall dimensions of the motor
Cylindrical joint. A joint comprised of assembly, including conduit box if ap-
two contiguous, concentric, cylindrical plicable, and internal free volume.
surfaces. (3) Material and quantity for each of
Explosion-proof enclosure. A metallic the component parts that form the ex-
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7.304 30 CFR Ch. I (7114 Edition)
ascertain compliance with the require- (i) Continuous and gas-tight; and
ments of 7.304 of this part. (ii) Made in accordance with or ex-
(b) All drawings shall be titled, ceed the American Welding Society
dated, numbered, and include the latest Standard AWS D14.477, Classification
revision. and Application of Welded Joints for
Machinery and Equipment, or meet
7.304 Technical requirements. the test requirements set out in 7.307
(a) Voltage rating of the motor shall of this part. AWS D14.477 is incor-
not exceed 4160 volts. porated by reference and has been ap-
(b) The temperature of the external proved by the Director of the Federal
surfaces of the motor assembly shall Register in accordance with 5 U.S.C.
not exceed 150 C (302 F) when operated 552(a) and 1 CFR part 51. Copies may be
at the manufacturers specified ratings. obtained from the American Welding
(c) Minimum clearances between Society, Inc., 2501 NW 7th Street,
uninsulated electrical conductor sur- Miami, FL 33125. Copies may be in-
faces, or between uninsulated con- spected at the U.S. Department of
ductor surfaces and grounded metal Labor, Mine Safety and Health Admin-
surfaces, within the enclosure shall istration, Approval and Certification
meet the requirements of table J1 of Center, 765 Technology Drive,
this section. Triadelphia, WV 26059, or at the Na-
tional Archives and Records Adminis-
TABLE J1MINIMUM CLEARANCES BETWEEN
tration (NARA). For information on
UNINSULATED SURFACES
the availability of this material at
Clearances (inches) NARA, call 2027416030, or go to: http://
Phase-to- www.archives.gov/federallregister/
Phase-to-phase voltage (rms) Phase-to- ground or codeloflfederallregulations/
phase control cir-
cuit ibrllocations.html.
(3) External rotating parts shall not
0 to 250 ......................................... 0.25 0.25
251 to 600 ..................................... 0.28 0.25
be constructed of aluminum alloys con-
601 to 1000 ................................... 0.61 0.25 taining more than 0.6 percent magne-
1001 to 2400 ................................. 1.4 0.6 sium. Non-metallic rotating parts shall
2401 to 4160 ................................. 3.0 1.4
be provided with a means to prevent an
accumulation of static electricity.
(d) Parts whose dimensions can
(4) Threaded covers and mating parts
change with the motor operation, such
shall be designed with Class 1A and 1B
as ball and roller bearings and oil seals,
(coarse, loose fitting) threads. The cov-
shall not be used as flame-arresting
paths. ers shall be secured against loosening.
(e) The widths of any grooves, such (5) Flat surfaces between fastening
as grooves for holding oil seals or o- holes that form any part of a flame-ar-
rings, shall be deducted in measuring resting path shall be plane to within a
the widths of flame-arresting paths. maximum deviation of one-half the
(f) An outer bearing cap shall not be maximum clearance specified in para-
considered as forming any part of a graph (g)(19) of this section. All sur-
flame-arresting path unless the cap is faces forming a flame-arresting path
used as a bearing cartridge. shall be finished during the manufac-
(g) Requirements for explosion-proof turing process to not more than 250
enclosures of motor assemblies. microinches. A thin film of nonhard-
(1) Enclosures shall be ening preparation to inhibit rusting
(i) Constructed of metal; may be applied to these finished metal
(ii) Designed to withstand a min- surfaces as long as the final surface can
imum internal pressure of 150 pounds be readily wiped free of any foreign
per square inch (gauge); materials.
(iii) Free from blowholes when cast; (6) For a laminated stator frame, it
and shall be impossible to insert a 0.0015
(iv) Explosion proof as determined by inch thickness gauge to a depth exceed-
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the tests set out in 7.306 of this part. ing 18 inch between adjacent lamina-
(2) Welded joints forming an enclo- tions or between end rings and lamina-
sure shall be tions.
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Mine Safety and Health Admin., Labor 7.304
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7.304 30 CFR Ch. I (7114 Edition)
Cylindrical Joints
Maximum dia-
Minimum width Maximum metrical clear-
Minimum total width of clamped ra- clearance of ance at axial
dial portion radial portion portion
.......................................................................................................................
38
3 64 0.0015 0.003
.......................................................................................................................
12
3 64 0.002 0.003
.......................................................................................................................
12
3 32 0.002 0.004
6 The allowable diametrical clearance is 0.008 inch when the portion perpendicular to the plane portion is 14 inch or greater in
length. If the perpendicular portion is more than 18 inch but less than 14 inch wide, the diametrical clearance shall not exceed
0.006 inch.
7 Studs, when provided, shall bottom in blind holes, be completely welded in place, or have the bottom of the hole closed with
a plug secured by weld or braze. Fastenings shall be provided at all corners.
8 The requirements as to diametrical clearance around the fastening and minimum distance from the fastening hole to the in-
side of the explosion-proof enclosure apply to steel dowel pins. In addition, when such pins are used, the spacing between cen-
ters of the fastenings on either side of the pin shall not exceed 5 inches.
9 Fastening diameters smaller than specified may be used if the enclosure meets the test requirements of 30 CFR 7.307 and
then 7.306 in that order.
10 Minimum thread engagement shall be equal to or greater than the diameter of the fastening specified, or the enclosure must
meet the test requirements of 30 CFR 7.307 and then 7.306 in that order.
11 This maximum clearance applies only when the fastening is located within the flame-arresting path.
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12 Threaded holes for fastening bolts shall be machined to remove burrs or projections that affect planarity of a surface forming
a flame-arresting path.
13 Edge of the fastening hole shall include the edge of any machining done to the fastening hole, such as chamfering.
14 If the diametrical clearance for fastenings does not exceed 132 inch, then the minimum distance shall be 14 inch.
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Mine Safety and Health Admin., Labor 7.306
15 Shafts or operating rods through journal bearings shall be at least 14 in diameter. The length of the flame-arresting path
shall not be reduced when a pushbutton is depressed. Operating rods shall have a shoulder or head on the portion inside the
enclosure. Essential parts riveted or bolted to the inside portion are acceptable in lieu of a head or shoulder, but cotter pins and
similar devices shall not be used.
16 6 with a minimum of 4 fastenings.
17 8 with a minimum of 4 fastenings.
(h) Lead entrances. (1) Each cable, not exceed 116 inch, based on the nomi-
which extends through an outside wall nal specified diameter of the cable (see
of the motor assembly, shall pass figure J14).
through a stuffing-box lead entrance (iii) The diametrical clearance be-
(see figure J7). All sharp edges shall be tween the nominal outside diameter of
removed from stuffing boxes, packing the grommet and the inside wall of the
nuts, and other lead entrance (gland) stuffing box shall not exceed 116 inch
parts, so that the cable jacket is not (see figure J14).
damaged. (i) Combustible gases from insulating
(2) When the packing is properly material. (1) Insulating materials that
compressed, the gland nut shall have give off flammable or explosive gases
(i) A clearance distance of 18 inch or when decomposed electrically shall not
more, with no maximum, to travel be used within explosion-proof enclo-
without interference by parts other sures where the materials are subjected
than packing; and to destructive electrical action.
(ii) A minimum of three effective (2) Parts coated or impregnated with
threads engaged (see figures J8, J9, insulating materials shall be treated to
and J10). remove any combustible solvent before
(3) Packing nuts (see figure J7) and assembly in an explosion-proof enclo-
stuffing boxes shall be secured against sure.
loosening (see figure J11). [57 FR 61193, Dec. 23, 1992, as amended at 73
(4) Compressed packing material FR 52210, Sept. 9, 2008]
shall be in contact with the cable jack-
et for a length of not less than 12 inch. 7.305 Critical characteristics.
(5) Requirements for lead entrances The following critical characteristics
in which MSHA accepted rope packing shall be inspected on each motor as-
material is specified, are: sembly to which an approval marking
(i) Rope packing material shall be ac- is affixed:
ceptable under 18.37(e) of this chapter. (a) Finish, width, and planarity of
(ii) The width of the space for pack- surfaces that form any part of a flame-
ing material shall not exceed by more arresting path.
than 50 percent the diameter or width (b) Clearances between mating parts
of the uncompressed packing material that form flame-arresting paths.
(see figure J12). (c) Thickness of walls, flanges, and
(iii) The maximum diametrical clear- covers that are essential in maintain-
ance, using the specified tolerances, be- ing the explosion-proof integrity of the
tween the cable and the through holes enclosure.
in the gland parts adjacent to the (d) Spacing of fastenings.
packing (stuffing box, packing nut, (e) Length of thread engagement on
hose tube, or bushings) shall not exceed fastenings and threaded parts that as-
75 percent of the nominal diameter or sure the explosion-proof integrity of
width of the packing material (see fig- the enclosure.
ure J13). (f) Use of lockwasher or equivalent
(6) Requirements for lead entrances with all fastenings.
in which grommet packing made of (g) Dimensions which affect compli-
compressible material is specified, are: ance with the requirements for packing
(i) The grommet packing material gland parts in 7.304 of this part.
shall be accepted by MSHA as flame-re-
sistant material under 18.37(f)(1) of 7.306 Explosion tests.
this chapter. (a) The following shall be used for
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7.306 30 CFR Ch. I (7114 Edition)
explosive gas mixture to surround and (ii) A single spark source is used for
fill the motor assembly being tested. all testing. Pressure shall be measured
The chamber must be sufficiently at each end of the winding compart-
darkened and provide viewing capabili- ment simultaneously during all tests.
ties of the flame-arresting paths to Quantity and location of test holes
allow observation during testing of any shall permit ignition on each end of the
discharge of flame or ignition of the winding compartment and recording of
explosive mixture surrounding the pressure on the same and opposite ends
motor assembly. as the ignition.
(2) A methane gas supply with at (iii) Motor assemblies incorporating
least 98 by volume per centum of com- a conduit box shall have the pressure
bustible hydrocarbons, with the re- in the conduit box recorded simulta-
mainder being inert. At least 80 per- neously with the other measured pres-
cent by volume of the gas shall be sures during all tests. Quantity and lo-
methane. cation of test holes in the conduit box
(3) Coal dust having a minimum of 22 shall permit ignition and recording of
percent dry volatile matter and a min- pressure as required in paragraphs
imum heat constant of 11,000 moist (c)(1) and (c)(4)(i) of this section.
BTU (coal containing natural bed mois- (iv) The motor assembly shall be
ture but not visible surface water) completely purged and recharged with
ground to a fineness of minus 200 mesh a fresh explosive gas mixture from the
U.S. Standard sieve series. chamber or by injection after each
test. The chamber shall be completely
(4) An electric spark ignition source
purged and recharged with a fresh ex-
with a minimum of 100 millijoules of
plosive gas mixture as necessary. The
energy.
oxygen level of the chamber gas mix-
(5) A pressure recording system that ture shall be no less than 18 percent by
will indicate the pressure peaks result- volume for testing. In the absence of
ing from the ignition and combustion oxygen monitoring equipment, the
of explosive gas mixtures within the maximum number of tests conducted
enclosure being tested. before purging shall be less than or
(b) General test procedures. (1) Motor equal to the chamber volume divided
assemblies being tested shall by forty times the volume occupied by
(i) Be equipped with unshielded bear- the motor assembly.
ings regardless of the type of bearings (c) Test procedures. (1) Eight tests at
specified; and 9.4 0.4 percent methane by volume
(ii) Have all parts that do not con- within the winding compartment shall
tribute to the operation or assure the be conducted, with the rotor stationary
explosion-proof integrity of the enclo- during four tests and rotating at rated
sure, such as oil seals, grease fittings, speed (rpm) during four tests. The igni-
hose conduit, cable clamps, and outer tion shall be at one end of the winding
bearing caps (which do not house the compartment for two stationary and
bearings) removed from the motor as- two rotating tests, and then switched
sembly. to the opposite end for the remaining
(2) Each motor assembly shall be four tests. If a nonisolated conduit box
placed in the explosion test chamber is used, then two additional tests, one
and tested as follows: stationary and one rotating, shall be
(i) The motor assembly shall be filled conducted with ignition in the conduit
with and surrounded by an explosive box at a point furthest away from the
mixture of the natural gas supply and opening between the conduit box and
air. The chamber gas concentrations the winding compartment.
shall be between 6.0 by volume per cen- (2) Four tests at 7.0 0.3 percent
tum and the motor assembly natural methane by volume within the winding
gas concentration just before ignition compartment shall be conducted with
of each test. Each externally visible the rotor stationary, 2 ignitions at
flame-arresting path fit shall be ob- each end.
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served for discharge of flames for at (3) Four tests at 9.4 0.4 percent
least two of the tests, including one methane by volume plus coal dust shall
with coal dust added. be conducted. A quantity of coal dust
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Mine Safety and Health Admin., Labor 7.306
equal to 0.05 ounces per cubic foot of this section shall be conducted. For
internal free volume of the winding conduit boxes with an internal free vol-
compartment plus the nonisolated con- ume of more than 150 cubic inches, the
duit box shall be introduced into each number of tests shall be evenly divided
end of the winding compartment and between each ignition point.
nonisolated conduit box to coat the in- (iii) The motor assembly shall be
terior surface before conducting the tested following removal of the iso-
first of the four tests. The coal dust in- lating barrier or one sectionalizing ter-
troduced into the conduit box shall be minal (as applicable). Six tests at 9.4
proportional to its volume. The re- 0.4 percent methane by volume in the
maining coal dust shall be equally di- winding compartment and conduit box
vided between the winding compart- shall be conducted using three ignition
ment ends. For two tests, one sta-
locations. The ignition shall be at one
tionary and one rotating, the ignition
end of the winding compartment for
shall be either in the conduit box or
one stationary and one rotating test;
one end of the connected winding com-
the opposite end for one stationary and
partment, whichever produced the
highest pressure in the previous tests. one rotating test; and at the ignition
The two remaining tests, one sta- point that produced the highest pres-
tionary and one rotating, shall be con- sure on the previous test in paragraph
ducted with the ignition in the winding (c)(4)(ii) of this section in the conduit
compartment end furthest away from box for one stationary and one rotating
the conduit box. test. Motor assemblies that use mul-
(4) For motor assemblies incor- tiple sectionalizing terminals shall
porating a conduit box which is iso- have one test conducted as each addi-
lated from the winding compartment tional terminal is removed. Each of
by an isolating barrier the following these tests shall use the rotor state and
additional tests shall be conducted ignition location that produced the
(i) For conduit boxes with an internal highest pressure in the previous tests.
free volume greater than 150 cubic (d) A motor assembly incorporating a
inches, two ignition points shall be conduit box that is isolated from the
used, one as close to the geometric cen- winding compartment that exhibits
ter of the conduit box as practical and pressures exceeding 110 psig, while test-
the other at the furthest point away ing during removal of any or all iso-
from the isolating barrier between the lating barriers as specified in para-
conduit box and the winding compart- graph (c)(4) of this section, shall have a
ment. Recording of pressure shall be on warning statement on the approval
the same and opposite sides as the igni- plate. This statement shall warn that
tion point furthest from the isolating the isolating barrier must be main-
barrier between the conduit box and tained to ensure the explosion-proof in-
the winding compartment. Conduit tegrity of the motor assembly. A state-
boxes with an internal free volume of ment is not required when the motor
150 cubic inches or less shall have one assembly has withstood a static pres-
test hole for ignition located as close sure of twice the maximum pressure re-
to the geometric center of the conduit
corded in the explosion tests of para-
box as practical and one for recording
graph (c)(4) of this section. The static
of pressure located on a side of the con-
pressure test shall be conducted on the
duit box.
motor assembly with all isolating bar-
(ii) The conduit box shall be tested
riers removed, and in accordance with
separately. Six tests at 9.4 0.4 percent
7.307 of this part.
methane by volume within the conduit
box shall be conducted followed by two (e) Acceptable performance. Explosion
tests at 7.0 0.3 percent methane by tests of a motor assembly shall not re-
volume. Then two tests at 9.4 0.4 per- sult in
cent methane by volume with a quan- (1) Discharge of flames.
tity of coal dust equal to 0.05 ounces (2) Ignition of the explosive mixture
rmajette on DSK2TPTVN1PROD with CFR
per cubic foot of internal free volume surrounding the motor assembly in the
of the conduit box and meeting the chamber.
specifications in paragraph (c)(3) of (3) Development of afterburning.
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7.307 30 CFR Ch. I (7114 Edition)
(4) Rupture of any part of the motor (2) Five standard samples and five
assembly or any panel or divider with- test samples shall be tested.
in the motor assembly. (3) Each standard and test sample
(5) Clearances, in excess of those shall use a new fastening of the same
specified in this subpart, along acces- specifications as being used on the
sible flame-arresting paths, following motor assembly.
any necessary retightening of fas- (4) A new tapped hole shall be used
tenings. for each standard and test sample. The
(6) Pressure exceeding 110 psig, ex- hole shall be of the same specifications
cept as provided in paragraph (d) of as used on the motor assembly.
this section unless the motor assembly
(5) Each standard and test sample
has withstood a static pressure of twice
shall be inserted in the tapped hole and
the maximum pressure recorded in the
continuously and uniformly tightened
explosion tests of this section following
at a speed not to exceed 30 rpm until
the static pressure test procedures of
7.307 of this part. the fastenings proof load is achieved.
(7) Permanent deformation greater The torquing device shall not contact
than 0.040 inches per linear foot. the locking device or the threaded por-
tion of the fastening.
7.307 Static pressure test. (6) Each standard and test sample
(a) Test procedure. (1) The enclosure shall be engaged and disengaged for 15
shall be internally pressurized to a full cycles.
minimum of 150 psig and the pressure (b) Acceptable performance. The min-
maintained for a minimum of 10 sec- imum torque value required to start re-
onds. moval of the fastening from the in-
(2) Following the pressure hold, the stalled position (minimum breakway
pressure shall be removed and the pres- torque) for any cycle of any test sam-
surizing agent removed from the enclo- ple shall be greater than or equal to
sure. the average breakway torque of each
(b) Acceptable performance. (1) The en- removal cycle of every standard sam-
closure during pressurization shall not ple.
exhibit
(i) Leakage through welds or casting; 7.309 Approval marking.
or Each approved motor assembly shall
(ii) Rupture of any part that affects be identified by a legible and perma-
the explosion-proof integrity of the en- nent approval plate inscribed with the
closure. assigned MSHA approval number and a
(2) The enclosure following removal warning statement as specified in
of the pressurizing agent shall not ex- 7.306(d) of this part. The plate shall be
hibit securely attached to the motor assem-
(i) Visible cracks in welds; bly in a manner that does not impair
(ii) Permanent deformation exceed- any explosion-proof characteristics.
ing 0.040 inches per linear foot; or
(iii) Clearances, in excess of those 7.310 Post-approval product audit.
specified in this subpart, along acces-
sible flame-arresting paths, following Upon request by MSHA but not more
any necessary retightening of fas- than once a year, except for cause, the
tenings. approval holder shall make a motor as-
sembly available for audit at no cost.
7.308 Lockwasher equivalency test.
7.311 Approval checklist.
(a) Test procedure. (1) Each test sam-
ple shall be an assembly consisting of a Each motor assembly bearing an
fastening with a locking device. Each MSHA approval marking shall be ac-
standard sample shall be an assembly companied by a list of items necessary
consisting of a fastening with a lock- for maintenance of the motor assembly
washer. as approved.
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Mine Safety and Health Admin., Labor 7.406
Splice. The mechanical joining of one that the splice kit is designed to re-
or more severed conductors in a single pair.
length of a cable including the replace- (3) Materials. Type of materials, sup-
ment of insulation and jacket. plier, suppliers stock number or des-
Splice Kit. A group of materials and ignation for each component.
related instructions which clearly (4) Complete splice assembly instruc-
identify all components and detail pro- tions which clearly identify all compo-
cedures used in safely making a flame- nents and detail procedures used in
resistant splice in an electric cable. making the splice.
7.403 Application requirements. 7.404 Technical requirements.
(a) Electric cables and signaling cables. (a) Electric cables and splices shall
A single application may address two be flame resistant when tested in ac-
or more sizes, types, and constructions cordance with 7.407.
if the products do not differ in com- (b) Signaling cables shall be flame re-
position of materials or basic design. sistant when tested in accordance with
Applications shall include the fol- 7.408.
lowing information for each product:
(1) Product information: 7.405 Critical characteristics.
(i) Cable type (for example, G or G-
(a) A sample from each production
GC).
(ii) Construction (for example, round run, batch, or lot of manufactured elec-
or flat). tric cable, signaling cable, or splice
(iii) Number and size (gauge) of each made from a splice kit shall be flame
conductor. tested, or
(iv) Voltage rating for all cables con- (b) A sample of the materials that
taining electric conductors. contribute to the flame-resistant char-
(v) For electric cables, current-car- acteristic of the cable or splice and a
rying capacity of each conductor, with sample of the cable or splice kit assem-
corresponding ambient temperature bly shall be visually inspected or tested
upon which the current rating through other means for each produc-
(ampacity) is based, of each power con- tion run, batch, or lot to ensure that
ductor. the finished product meets the flame-
(2) Design standard. Specify any pub- resistance test.
lished consensus standard used and
7.406 Flame test apparatus.
fully describe any deviations from it,
or fully describe any nonstandard de- The principal parts of the apparatus
sign used. used to test for flame resistance of
(3) Materials. Type and identifying electric cables, signaling cables and
numbers for each material comprising splices shall include#:
the finished assembly. (a) Test chamber. A rectangular enclo-
(b) Splice kit. A single application sure measuring 17 inches deep by 1412
may address two or more sizes, types, inches high by 39 inches wide and com-
and constructions if the products do pletely open at the top and front. The
not differ in composition of materials floor or base of the chamber shall be
or basic design. Applications shall in- fabricated or lined with a noncombus-
clude the following information for tible material that will not extinguish
each product: burning matter which may fall from
(1) Product information: the test specimen during testing. The
(i) Trade name or designation (for ex- chamber shall have permanent connec-
ample, style or code number). tions mounted to the back wall, sides,
(ii) Type or kit (for example, shielded or floor of the chamber which extend to
or nonshielded). the sample end location. These are
(iii) Voltage rating. used to energize the electric cable and
(2) Design standard. Specify any pub- splice specimens. They are not used,
lished design standard used and fully but may stay in place, when testing
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7.407 30 CFR Ch. I (7114 Edition)
three separate metal rods each meas- type, amperage, voltage rating, and
uring approximately 316 inch in diame- construction of the cable shall be com-
ter (nominal) to support the specimen. patible with the splice kit design. Each
The horizontal portion of the rod which splice shall be made in accordance with
contacts the test specimen shall be ap- the instructions provided with the
proximately 12 inches in length. splice kit.
(c) Gas ignition source. A standard (2) Prior to testing, condition each
natural gas type Tirrill burner, with a test specimen for a minimum of 24
nominal inside diameter of 38 inch, to hours at a temperature of 70 10 F (21.1
apply the flame to the test specimen. 5.5 C) and a relative humidity of 55
The fuel for the burner shall be natural 10 percent. These environmental con-
gas composed of at least 96 percent ditions shall be maintained during
combustible hydrocarbons, with at testing.
least 80 percent being methane. (3) For electric cables, locate the
(d) Current source. (For electric cables sensing element of the temperature
and splices only). A source of electric measuring device 26 inches from one
current (either alternating current or end of each test specimen. For splices,
direct current) for heating the power locate the sensing element 12 inches
conductors of the test specimen. The from the midpoint of the splice and 10
current source shall have a means to inches from the end of the cable. The
regulate current flow through the test sensing element must be secured so
specimen and have an open circuit that it remains in direct contact with
voltage not exceeding the voltage rat- the metallic portion of the power con-
ing of the test specimen. ductor for the duration of the flame-re-
(e) Current measuring device. (For sistant test. If a thermocouple-type
electric cables and splices only). An in- temperature measuring instrument is
strument to monitor the effective used, connect the sensing element
value of heating current flow through through the cable jacket and power
the power conductors of the specimen conductor insulation. Other means for
within an accuracy of 1 percent. monitoring conductor temperature
(f) Temperature measuring device. (For may be used, provided the temperature
electric cables and splices only). An in- measurement is made at the same loca-
strument to measure conductor tem- tion. If the jacket and conductor insu-
perature within an accuracy of 2 per- lation must be disturbed to insert the
cent without the necessity of removing temperature measuring device, each
material from the test specimen in must be restored as closely as possible
order to measure the temperature. to its original location and maintained
there for the duration of the testing.
7.407 Test for flame resistance of (4) Center the test specimen hori-
electric cables and cable splices. zontally in the test chamber on the
(a) Test procedure. (1) For electric ca- three rods. The three rods shall be posi-
bles, prepare 3 specimens of cable, each tioned perpendicular to the longitu-
3 feet in length, by removing 5 inches dinal axis of the test specimen and at
of jacket material and 212 inches of the same height, which permits the tip
conductor insulation from both ends of of the inner cone from the flame of the
each test specimen. For splices, pre- gas burner, when adjusted in accord-
pare a splice specimen in each of 3 sec- ance with the test procedure, to touch
tions of MSHA-approved flame-resist- the jacket of the test specimen. The
ant cable. The cable shall be of the specimen shall be maintained at this
type that the splice kit is designed to level for the duration of the flame test.
repair. The finished splice shall not ex- The two outermost rods shall be placed
ceed 18 inches or be less than 6 inches so that 1 inch of cable jacket extends
in length for test purposes. The spliced beyond each rod. For electric cables,
cables shall be 3 feet in length with the the third rod shall be placed 14 inches
midpoint of the splice located 14 inches from the end of the test specimen near-
from one end. Both ends of each of the er the temperature monitoring loca-
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spliced cables shall be prepared by re- tion on the specimen. For splices, the
moving 5 inches of jacket material and third rod shall be placed between the
212 inches of conductor insulation. The splice and the temperature monitoring
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Mine Safety and Health Admin., Labor 7.408
location at a distance 8 inches from the (13) Repeat the procedure for the re-
midpoint of the splice. The specimen maining two specimens.
shall be free from external air currents (b) Acceptable performance. Each of
during testing. the three test specimens shall meet the
(5) Adjust the gas burner to give an following criteria:
overall blue flame 5 inches high with a (1) The duration of burning shall not
3-inch inner cone. There shall be no exceed 240 seconds.
persistence of yellow coloration. (2) The length of the burned (charred)
(6) Connect all power conductors of area shall not exceed 6 inches.
the test specimen to the current
7.408 Test for flame resistance of sig-
source. The connections shall be secure naling cables.
and compatible with the size of the ca-
bles power conductors in order to re- (a) Test procedure. (1) Prepare 3 sam-
duce contact resistance. ples of cable each 2 feet long.
(7) Energize all power conductors of (2) Prior to testing, condition each
the test specimen with an effective test specimen for a minimum of 24
heating current value of 5 times the hours at a temperature of 70 10 F (21.1
power conductor ampacity rating (to 5.5 C) and relative humidity of 55 10
the nearest whole ampere) at an ambi- percent. These environmental condi-
ent temperature of 104 F (40 C). tions shall be maintained during test-
ing.
(8) Monitor the electric current
(3) Center the test specimen hori-
through the power conductors of the
zontally in the test chamber on the
test specimen with the current meas-
three rods. The three rods shall be posi-
uring device. Adjust the amount of tioned perpendicular to the longitu-
heating current, as required, to main- dinal axis of the test specimen and at
tain the proper effective heating cur- the same height, which permits the tip
rent value within 5 percent until the of the inner cone from the flame of the
power conductors reach a temperature gas burner, when adjusted in accord-
of 400 F (204.4 C). ance with the test procedure, to touch
(9) For electric cables, apply the tip the test specimen. The specimen shall
of the inner cone from the flame of the be maintained at this height for the
gas burner directly beneath the test duration of the flame test. The two
specimen for 60 seconds at a location 14 outermost rods shall be placed so that
inches from one end of the cable and 1 inch of cable extends beyond each
between the supports separated by a 16- rod. The third rod shall be placed at
inch distance. For splices, apply the tip the midpoint of the cable. The speci-
of the inner cone from the flame of a men shall be free from external air cur-
gas burner for 60 seconds beneath the rents during testing.
midpoint of the splice jacket. (4) Adjust the gas burner to give an
(10) After subjecting the test speci- overall blue flame 5 inches high with a
men to external flame for the specified 3-inch inner cone. There shall be no
time, fully remove the flame of the gas persistence of yellow coloration.
from beneath the specimen without (5) Apply the tip of the inner cone
disturbing air currents within the test from the flame of the gas burner for 30
chamber. Simultaneously turn off the seconds directly beneath the specimen
heating current. centered between either and support
(11) Record the amount of time the and the center support.
test specimen continues to burn after (6) After subjecting the test specimen
the flame from the gas burner has been to external flame for the specified
removed. The duration of burning in- time, fully remove the flame of the gas
cludes the burn time of any material from beneath the specimen without
that falls from the test specimen after disturbing air currents within the test
the flame from the gas has been re- chamber.
moved. (7) Record the amount of time the
(12) Record the length of burned test specimen continues to burn after
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(charred) area of each test specimen the flame from the gas burner has been
measured longitudinally along the removed. The duration of burning in-
cable axis. cludes the burn time of any material
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7.409 30 CFR Ch. I (7114 Edition)
that falls from the test specimen after Subpart LRefuge Alternatives
the flame from the gas has been re-
moved. SOURCE: 74 FR 80694, Dec. 31, 2008, unless
(8) Record the length of burned otherwise noted.
(charred) area of each test specimen
measured longitudinally along the 7.501 Purpose and scope.
cable axis. This subpart L establishes require-
(9) Repeat the procedure for the re- ments for MSHA approval of refuge al-
maining two specimens. ternatives and components for use in
(b) Acceptable performance. Each of underground coal mines. Refuge alter-
the three test specimens shall meet the natives are intended to provide a life-
following criteria: sustaining environment for persons
(1) The duration of burning shall not trapped underground when escape is
impossible.
exceed 60 seconds.
(2) The length of the burned (charred) 7.502 Definitions.
area shall not exceed 6 inches.
The following definitions apply in
7.409 Approval marking. this subpart:
Apparent temperature. A measure of
Approved electric cables, signaling relative discomfort due to the com-
cables, and splices shall be legibly and bined effects of air movement, heat,
permanently marked with the MSHA- and humidity on the human body.
assigned approval marking. For elec- Breathable oxygen. Oxygen that is at
tric cables and signaling cables, the least 99 percent pure with no harmful
marking shall appear at intervals not contaminants.
exceeding 3 feet and shall include the Flash fire. A fire that rapidly spreads
MSHA-assigned approval number in ad- through a diffuse fuel, such as airborne
dition to the number and size (gauge) coal dust or methane, without pro-
of conductors and cable type. For ca- ducing damaging pressure.
Noncombustible material. Material,
bles containing electric conductors,
such as concrete or steel, that will not
the marking shall also include the
ignite, burn, support combustion, or re-
voltage rating. For splices, the mark- lease flammable vapors when subjected
ing shall be placed on the jacket so to fire or heat.
that it will appear at least once on the Overpressure. The highest pressure
assembled splice. over the background atmospheric pres-
sure that could result from an explo-
7.410 Post-approval product audit. sion, which includes the impact of the
Upon request by MSHA, but no more pressure wave on an object.
than once a year except for cause, the Refuge alternative. A protected, secure
approval holder shall supply to MSHA space with an isolated atmosphere and
for audit at no cost integrated components that create a
(a) 12 feet of an approved electric life-sustaining environment for persons
cable or approved signaling cable; or trapped in an underground coal mine.
(b) 3 splice kits of one approved 7.503 Application requirements.
splice kit design and 12 feet of MSHA-
(a) An application for approval of a
assigned cable that the splice kit is de-
refuge alternative or component shall
signed to repair.
include:
7.411 New technology. (1) The refuge alternatives or compo-
nents make and model number, if ap-
MSHA may approve cable products or plicable.
splice kits that incorporate technology (2) A list of the refuge alternatives
for which the requirements of this sub- or components parts that includes
part are not applicable if the Agency (i) The MSHA approval number for
determines that they are as safe as electric-powered equipment;
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those which meet the requirements of (ii) Each components or parts in-
this subpart. mine shelf life, service life, and rec-
ommended replacement schedule;
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Mine Safety and Health Admin., Labor 7.504
(iii) Materials that have a potential (c) The application for approval of
to ignite used in each component or the air-monitoring component shall
part with their MSHA approval num- specify the following:
ber; and (1) The operating range, type of sen-
(iv) A statement that the component sor, gas or gases measured, and envi-
or part is compatible with other com- ronmental limitations, including the
ponents and, upon replacement, is cross-sensitivity to other gases, of each
equivalent to the original component detector or device in the air-moni-
or part. toring component.
(3) The capacity and duration (the (2) The procedure for operation of the
number of persons it is designed to individual devices so that they func-
maintain and for how long) of the ref- tion as necessary to test gas concentra-
uge alternative or component on a per- tions over a 96-hour period.
person per-hour basis. (3) The procedures for monitoring
(4) The length, width, and height of and maintaining breathable air in the
the space required for storage of each airlock, before and after purging.
component. (4) The instructions for determining
(b) The application for approval of the quality of the atmosphere in the
the refuge alternative shall include the airlock and refuge alternative interior
following: and a means to maintain breathable air
(1) A description of the breathable air in the airlock.
component, including drawings, air- (d) The application for approval of
supply sources, piping, regulators, and the harmful gas removal component
controls. shall specify the following:
(2) The maximum volume, excluding (1) The volume of breathable air
the airlock; the dimensions of floor available for removing harmful gas
space and volume provided for each both at start-up and while persons
person using the refuge alternative; enter through the airlock.
and the floor space and volume of the (2) The maximum volume of each gas
airlock. that the component is designed to re-
(3) The maximum positive pressures move on a per-person per-hour basis.
in the interior space and the airlock
and a description of the means used to 7.504 Refuge alternatives and compo-
limit or control the positive pressure. nents; general requirements.
(4) The maximum allowable apparent (a) Refuge alternatives and components:
temperature of the interior space and (1) Electrical components that are ex-
the airlock and the means to control posed to the mine atmosphere shall be
the apparent temperature. approved as intrinsically safe for use.
(5) The maximum mine air tempera- Electrical components located inside
ture under which the refuge alternative the refuge alternative shall be either
is designed to operate when the unit is approved as intrinsically safe or ap-
fully occupied. proved as permissible.
(6) Drawings that show the features (2) Shall not produce continuous
of each component and contain suffi- noise levels in excess of 85 dBA in the
cient information to document compli- structures interior.
ance with the technical requirements. (3) Shall not liberate harmful or irri-
(7) A manual that contains sufficient tating gases or particulates into the
detail for each refuge alternative or structures interior or airlock.
component addressing in-mine trans- (4) Shall be designed so that the ref-
portation, operation, and maintenance uge alternative can be safely moved
of the unit. with the use of appropriate devices
(8) A summary of the procedures for such as tow bars.
deploying refuge alternatives. (5) Shall be designed to withstand
(9) A summary of the procedures for forces from collision of the refuge al-
using the refuge alternative. ternative structure during transport or
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7.505 30 CFR Ch. I (7114 Edition)
(1) When used in accordance with the waste is disposed outside the refuge al-
manufacturers instructions and de- ternative.
fined limitations, the apparent tem-
Unrestricted
perature in the fully occupied refuge Mining height volume
alternative shall not exceed 95 degrees (inches) (cubic feet)
per person *
Fahrenheit (F).
(2) Tests shall be conducted to deter- 36 or less ....................................................... 30
mine the maximum apparent tempera- >3642 ......................................................... 37.5
ture in the refuge alternative when >4248 ......................................................... 45
used at maximum occupancy and in >4854 ......................................................... 52.5
>54 ................................................................. 60
conjunction with required components.
Test results including calculations * Includes an adjustment of 12 inches for clearances.
shall be reported in the application. (2) Include storage space that secures
(c) The refuge alternative shall in- and protects the components during
clude: transportation and that permits ready
(1) A two-way communication facil- access to components for maintenance
ity that is a part of the mine commu- examinations.
nication system, which can be used (3) Include an airlock that creates a
from inside the refuge alternative; and barrier and isolates the interior space
accommodations for an additional from the mine atmosphere, except for a
communication system and other re- refuge alternative capable of maintain-
quirements as defined in the commu- ing adequate positive pressure.
nications portion of the operators ap-
(i) The airlock shall be designed for
proved Emergency Response Plan.
multiple uses to accommodate the
(2) Lighting sufficient for persons to
structures maximum occupancy.
perform tasks.
(3) A means to contain human waste (ii) The airlock shall be configured to
effectively and minimize objectionable accommodate a stretcher without com-
odors. promising its function.
(4) First aid supplies. (4) Be designed and made to with-
(5) Materials, parts, and tools for re- stand 15 pounds per square inch (psi)
pair of components. overpressure for 0.2 seconds prior to de-
(6) A fire extinguisher that ployment.
(i) Meets the requirements for port- (5) Be designed and made to with-
able fire extinguishers used in under- stand exposure to a flash fire of 300 F
ground coal mines under part 75; for 3 seconds prior to deployment.
(ii) Is appropriate for extinguishing (6) Be made with materials that do
fires involving the chemicals used for not have a potential to ignite or are
harmful gas removal; and MSHA-approved.
(iii) Uses a low-toxicity extin- (7) Be made from reinforced material
guishing agent that does not produce a that has sufficient durability to with-
hazardous by-product when deployed. stand routine handling and resist punc-
(d) Containers used for storage of ref- ture and tearing during deployment
uge alternative components or provi- and use.
sions shall be (8) Be guarded or reinforced to pre-
(1) Airtight, waterproof, and rodent- vent damage to the structure that
proof; would hinder deployment, entry, or
(2) Easy to open and close without use.
the use of tools; and (9) Permit measurement of outside
(3) Conspicuously marked with an ex- gas concentrations without exiting the
piration date and instructions for use. structure or allowing entry of the out-
side atmosphere.
7.505 Structural components. (b) Inspections or tests shall be con-
(a) The structure shall ducted as follows:
(1) Provide at least 15 square feet of (1) A test shall be conducted to dem-
floor space per person and 30 to 60 cubic onstrate that trained persons can fully
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feet of volume per person according to deploy the structure, without the use
the following chart. The airlock can be of tools, within 10 minutes of reaching
included in the space and volume if the refuge alternative.
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Mine Safety and Health Admin., Labor 7.506
(2) A test shall be conducted to dem- flash fire test. The test shall identify
onstrate that an overpressure of 15 psi the gases released and determine their
applied to the pre-deployed refuge al- concentrations.
ternative structure for 0.2 seconds does (c) If pressurized air is used to deploy
not allow gases to pass through the the structure or maintain its shape,
structure separating the interior and the structure shall
exterior atmospheres. (1) Include a pressure regulator or
(3) A test shall be conducted to dem- other means to prevent over pressur-
onstrate that a flash fire of 300 F for 3 ization of the structure, and
seconds does not allow gases to pass (2) Provide a means to repair and re-
from the outside to the inside of the pressurize the structure in case of fail-
structure. ure of the structure or loss of air pres-
(4) An inspection shall be conducted sure.
to determine that the overpressure (d) The refuge alternative structure
forces of 15 psi applied to the pre-de- shall provide a means
ployed refuge alternative structure for (1) To conduct a preshift examina-
0.2 seconds does not prevent the stored tion, without entering the structure, of
components from operating. components critical for deployment;
(5) An inspection shall be conducted and
to determine that a flash fire of 300 F (2) To indicate unauthorized entry or
for 3 seconds does not prevent the tampering.
stored components from operating.
(6) A test shall be conducted to dem- 7.506 Breathable air components.
onstrate that each structure resists (a) Breathable air shall be supplied
puncture and tearing when tested in by compressed air cylinders, com-
accordance with ASTM D258207 Stand- pressed breathable-oxygen cylinders, or
ard Test Method for Puncture-Propaga- boreholes with fans installed on the
tion Tear Resistance of Plastic Film and surface or compressors installed on the
Thin Sheeting. This publication is in- surface. Only uncontaminated breath-
corporated by reference. The Director able air shall be supplied to the refuge
of the Federal Register approves this alternative.
incorporation by reference in accord- (b) Mechanisms shall be provided and
ance with 5 U.S.C. 552(a) and 1 CFR procedures shall be included so that,
part 51. A copy may be obtained from within the refuge alternative,
the American Society for Testing Ma- (1) The breathable air sustains each
terials (ASTM), 100 Barr Harbor Drive, person for 96 hours,
West Conshohocken, Pennsylvania (2) The oxygen concentration is
194282959. A copy may be inspected at maintained at levels between 18.5 and
any MSHA Coal Mine Safety and 23 percent, and
Health district office,; or at MSHAs (3) The average carbon dioxide con-
Office of Standards, 1100 Wilson Blvd., centration is 1.0 percent or less and ex-
Room 2353, Arlington, Virginia 22209 cursions do not exceed 2.5 percent.
(phone: 2026939440); or at the National (c) Breathable air supplied by com-
Archives and Records Administration pressed air from cylinders, fans, or
(NARA). For information on the avail- compressors shall provide a minimum
ability of this material at NARA, call flow rate of 12.5 cubic feet per minute
2027416030, or go to: http:// of breathable air for each person.
www.archives.gov/federallregister/ (1) Fans or compressors shall meet
codeloflfederallregulations/ the following:
ibrllocations.html. (i) Be equipped with a carbon mon-
(7) A test shall be conducted to dem- oxide detector located at the surface
onstrate that each reasonably antici- that automatically provides a visual
pated repair can be completed within 10 and audible alarm if carbon monoxide
minutes of opening the storage space in supplied air exceeds 10 parts per mil-
for repair materials and tools. lion (ppm).
(8) A test shall be conducted to dem- (ii) Provide in-line air-purifying sor-
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onstrate that no harmful gases or no- bent beds and filters or other equiva-
ticeable odors are released from non- lent means to assure the breathing air
metallic materials before or after the quality and prevent condensation, and
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7.507 30 CFR Ch. I (7114 Edition)
(2) The analysis or study shall iden- to dilute the carbon monoxide con-
tify the means used to prevent any ig- centration to 25 ppm or less and the
nition source. methane concentration to 1.0 percent
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Mine Safety and Health Admin., Labor 7.509
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7.510 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor 14.4
under this Part. However, if MSHA re- (i) Specifying each ingredient by its
ceives a request from others to observe chemical name along with its percent-
tests, the Agency will consider it. age (weight) and tolerance or percent-
age range; or
14.4 Application procedures and re- (ii) Specifying each flame-retardant
quirements.
ingredient by its chemical or generic
(a) Application address. Applications name with its percentage and tolerance
for approvals or extensions of approval or percentage range or its minimum
under this Part may be sent to: U.S. percent. List each flammable ingre-
Department of Labor, Mine Safety and dient and inert ingredient by chemical,
Health Administration, Chief, Approval generic, or trade name along with the
and Certification Center, 765 Tech- total percentage of all flammable and
nology Drive, Triadelphia, West Vir-
inert ingredients.
ginia 26059. Alternatively, applications
(2) Identification of any similar ap-
for approval or extensions of approval
may be filed online at http:// proved conveyor belt for which the ap-
www.msha.gov or faxed to: Chief, Mine plicant already holds an approval, and
Safety and Health Administration Ap- the formulation specifications for that
proval and Certification Center at 304 belt if it has not previously been sub-
5472044. mitted to the Agency.
(b) Approval application. Each appli- (i) The MSHA assigned approval
cation for approval of a conveyor belt number of the conveyor belt that most
for use in underground coal mines must closely resembles the new one; and
include the information below, except (ii) An explanation of any changes
any information submitted in a prior from the existing approval.
approval application need not be re- (d) Extension of approval. Any change
submitted, but must be noted in the in an approved conveyor belt from the
application. documentation on file at MSHA that
(1) A technical description of the con- affects the technical requirements of
veyor belt, which includes: this Part must be submitted for ap-
(i) Trade name or identification num- proval prior to implementing the
ber; change. Each application for an exten-
(ii) Cover compound type and des- sion of approval must include:
ignation number; (1) The MSHA-assigned approval
(iii) Belt thickness and thickness of number for the conveyor belt for which
top and bottom covers; the extension is sought;
(iv) Presence and type of skim coat; (2) A description of the proposed
(v) Presence and type of friction coat; change to the conveyor belt; and
(vi) Carcass construction (number of (3) The name, address, and telephone
plies, solid woven); number of the applicants representa-
(vii) Carcass fabric by textile type tive responsible for answering any
and weight (ounces per square yard); questions regarding the application.
(viii) Presence and type of breaker or (e) MSHA will determine if testing,
floated ply; and
additional information, samples, or
(ix) The number, type, and size of
material is required to evaluate an ap-
cords and fabric for metal cord belts.
plication. If the applicant believes that
(2) The name, address, and telephone
flame testing is not required, a state-
number of the applicants representa-
ment explaining the rationale must be
tive responsible for answering any
questions regarding the application. included in the application.
(c) Similar belts and extensions of (f) Equivalent non-MSHA product safe-
approval may be evaluated for approval ty standard. An applicant may request
without testing using the BELT meth- an equivalency determination to this
od if the following information is pro- part under 6.20 of this chapter, for a
vided in the application: non-MSHA product safety standard.
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14.5 30 CFR Ch. I (7114 Edition)
the inspection and testing in paragraph of an approved conveyor belt of the size
(a) of this section according to the in- specified in 14.5 available at no cost to
strument manufacturers specifica- MSHA for an audit. If a product is not
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Mine Safety and Health Admin., Labor 14.22
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14.23 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor 15.3
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15.4 30 CFR Ch. I (7114 Edition)
15.4 Application procedures and re- (e) Subsequent approval of a similar ex-
quirements. plosive or sheathed explosive unit. Each
(a) Application. Requests for an ap- application for approval of an explosive
proval or an extension of approval or sheathed explosive unit similar to
under this part shall be sent to: U.S. one for which the applicant already
Department of Labor, Mine Safety and holds an approval shall include
Health Administration, Approval and (1) The approval number of the explo-
Certification Center, 765 Technology sive or sheathed explosive unit which
Drive, Triadelphia, WV 26059. most closely resembles the new one;
(b) Fees. Fees calculated in accord- (2) The information specified in para-
ance with Part 5 of this Title shall be graphs (c) and (d) of this section for an
submitted in accordance with 5.40. original approval, as applicable, except
(c) Original approval for explosives. that any document which is the same
Each application for approval of an ex- as the one listed by MSHA in the prior
plosive shall include approval need not be submitted but
(1) A technical description of the ex- shall be noted in the application; and
plosive, including the chemical com- (3) An explanation of all changes
position of the explosive with toler- from the existing approval.
ances for each ingredient; (f) Extension of the approval. Any
(2) A laboratory number or other change in an approved explosive or
suitable designation identifying the ex- sheathed explosive unit from the docu-
plosive. The applicant shall provide the mentation on file at MSHA that affects
brand or trade name under which the the technical requirements of this Part
explosive will be marketed prior to shall be submitted for approval prior to
issuance of the approval; implementing the change.
(3) The lengths and diameters of ex- (1) Each application for an extension
plosive cartridges for which approval is of approval shall include
requested; (i) The MSHA-assigned approval
(4) The proposed minimum product number for the explosive or sheathed
firing temperature of the explosive; explosive unit for which the extension
and is sought;
(5) The name, address, and telephone (ii) A description of the proposed
number of the applicants representa- change to the approved explosive or
tive responsible for answering any sheathed explosive unit; and
questions regarding the application. (iii) The name, address, and tele-
(d) Original approval for sheathed ex- phone number of the applicants rep-
plosive units. Each application for ap- resentative responsible for answering
proval of a sheathed explosive unit any questions regarding the applica-
shall include tion.
(1) A technical description of the (2) MSHA will determine what tests,
sheathed explosive unit which includes additional information, samples, or
the chemical composition of the material, if any, are required to evalu-
sheath, with tolerances for each ingre- ate the proposed change.
dient, and the types of material used (3) When a change involves the chem-
for the outer covering; ical composition of an approved explo-
(2) The minimum thickness weight,
sive or sheathed explosive unit which
and specific gravity of the sheath and
affects the firing characteristics,
outer covering;
MSHA may require the explosive or
(3) The brand or trade name, weight,
sheathed explosive unit to be distin-
specific gravity, and minimum product
guished from those associated with the
firing temperature of the approved ex-
former composition.
plosive to be used in the unit;
(4) The ratio of the weight of the [FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5,
sheath to the weight of the explosive; 1989; 60 FR 33723, June 29, 1995; 73 FR 52211,
and Sept. 9, 2008]
(5) The name, address and telephone
15.5 Test samples.
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Mine Safety and Health Admin., Labor 15.9
explosive units shall be stored in a (b) MSHA will notify the applicants
magazine for at least 30 days before of requests for disclosure of informa-
gallery tests are conducted. tion concerning its explosives or
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15.10 30 CFR Ch. I (7114 Edition)
sheathed explosive units and shall give (d) If an explosive or sheathed explo-
the applicant an opportunity to pro- sive unit poses an imminent hazard to
vide MSHA with a statement of its po- the safety or health of miners, the ap-
sition prior to any disclosure. proval may be immediately suspended
without a written notice of the agen-
15.10 Post-approval product audit. cys intention to revoke. The suspen-
(a) Approved explosives and sheathed sion may continue until the revocation
explosive units shall be subject to peri- proceedings are completed.
odic audits by MSHA for the purpose of
determining conformity with the tech- Subpart BRequirements for
nical requirements upon which the ap- Approval of Explosives
proval was based. Any approved explo-
sive or sheathed explosive unit which is 15.20 Technical requirements.
to be audited shall be selected by
MSHA and be representative of those (a) Chemical composition. The chem-
distributed for use in mines. The ap- ical composition of the explosive shall
proval-holder may obtain any final re- be within the tolerances furnished by
port resulting from such audit. the applicant.
(b) No more than once a year, except (b) Rate-of-detonation test. The explo-
for cause, the approval-holder, at sive shall propagate completely in the
MSHAs request, shall make one case rate-of-detonation tesst. The test is
of explosives or 25 sheathed explosive conducted at an ambient temperature
units available at no cost to MSHA for between 68 and 86 F. Nongelatinous ex-
an audit. The approval-holder may ob- plosives are initiated with a test deto-
serve any tests conducted during this nator only, while gelatinous explosives
audit. are initiated with a test detonator and
(c) An approved explosive or sheathed a 60-gram tetryl pellet booster. The
explosive unit shall be subject to audit test is conducted on
for cause at any time MSHA believes (1) A 50-inch column of 114 inch di-
that it is not in compliance with the ameter cartridges; and
technical requirements upon which the (2) A 50-inch column of the smallest
approval was based. diameter cartridges less than 114 inches
(d) Explosives approved under regula- submitted for testing.
tions in effect prior to January 17, 1989, (c) Air-gap sensitivity. The air-gap
shall conform to the provisions on field sensitivity of the explosive shall be at
samples set out in those regulations least 2 inches at the minimum product
(See 30 CFR part 15, 1987 edition). firing temperature and 3 inches at a
temperature between 68 and 86 F, and
15.11 Revocation. the explosive shall propagate com-
(a) MSHA may revoke for cause an pletely.
approval issued under this part if the (1) Air-gap sensitivity of the explo-
explosive or sheathed explosive unit sive is determined in the explosion-by-
(1) Fails to meet the applicable tech- influence test using the 7-inch car-
nical requirements; or tridge method. The air-gap sensitivity
(2) Creates a hazard when used in a is determined for 114 inch diameter car-
mine. tridges and each cartridge diameter
(b) Prior to revoking an approval, the smaller than 114 inches. Explosives are
approval-holder shall be informed in initiated with a test detonator.
writing of MSHAs intention to revoke. (2) The 7-inch cartridge method is
The notice shall conducted with two 8-inch cartridges.
(1) Explain the specific reasons for One inch is cut off the end of each car-
the proposed revocation; and tridge. The cartridges are placed in a
(2) Provide the approval-holder an op- paper tube, the cut ends facing each
portunity to demonstrate or achieve other, with the appropriate 2-inch or 3-
compliance with the product approval inch air gap between them. The test is
requirements. conducted at a temperature between 68
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(c) Upon request, the approval-holder and 86 F and at the minimum product
shall be afforded an opportunity for a firing temperature proposed by the ap-
hearing. plicant, or 41 F, whichever is lower.
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Mine Safety and Health Admin., Labor 15.20
The test temperature at which the ex- (1) The large chamber test is con-
plosive propagates completely will be ducted with a one-pound explosive
specified in the approval as the min- charge, including wrapper and seal,
imum product firing temperature at primed with a test detonator. The ex-
which the explosive is approved for use. plosive charge is loaded into the bore-
(d) Gallery Test 7. The explosive shall hole of a steel cannon, then tamped
yield a value of at least 450 grams for and stemmed with one pound of dry-
the lower 95 percent confidence limit milled fire clay. The cannon is fired
(L95) on the weight for 50 percent prob- into the large chamber and the gaseous
ability of ignition (W50) in gallery test products resulting from detonation of
7 and shall propagate completely. The the explosive are collected and ana-
L95 and W50 values for the explosive are lyzed for toxic gases. At least two
determined by using the Bruceton up- trials are conducted.
and-down method. A minimum of 20 (2) The equivalent volume of each
trials are made with explosive charges toxic gas produced, relative to CO, is
of varying weights, including wrapper determined by multiplying the meas-
and seals. Each charge is primed with a ured volume of the gas by a conversion
test detonator, then tamped and factor. The conversion factor is equal
stemmed with one pound of dry-milled to the threshold limit value, time
fire clay into the borehole of a steel weighted average (TLV-TWA) in parts-
cannon. The cannon is fired into air per-million for CO divided by the TLV-
containing 7.7 to 8.3 percent of natural TWA for the toxic gas. The TLV-TWA
gas. The air temperature is between 68 conversion factor for each gas for
and 86 F. which MSHA shall test is specified in
(e) Gallery Test 8. The explosive shall Table I of this subpart. The total vol-
yield a value of at least 350 grams for ume equivalent to CO of the toxic gases
the weight for 50 percent probability of produced by detonation of the explo-
ignition (WCDG) in gallery test 8 and sive is the sum of the equivalent vol-
umes of the individual toxic gases.
shall propagate completely. The (WCDG)
value for the explosive is determined TABLE ICONVERSION FACTORS FOR TOXIC
using the Bruceton up-and-down meth- GASES
od. A minimum of 10 tests are made [For Equivalent Volume Relative to Carbon Monoxide]
with explosive charges of varying
weights, including wrapper and seals. Toxic Gas
Each charge is primed with a test deto- Conver- TLV-TWA
nator, then tamped into the borehole of sion Fac- (PPM)
tor
a steel cannon. The cannon is fired into
a mixture of 8 pounds of bituminous Ammonia ........................................... 2 25
coal dust predispersed into 640 cubic Carbon Dioxide .................................. 0.01 5000
feet of air containing 3.8 to 4.2 percent Carbon Monoxide .............................. 1 50
Hydrogen Sulfide ............................... 5 10
of natural gas. The air temperature is
Nitric Oxide ........................................ 2 25
between 68 and 86 F. Nitrogen Dioxide ................................ 17 3
(f) Pendulum-friction test. The explo- Sulfur Dioxide .................................... 25 2
sive shall show no perceptible reaction
in the pendulum-friction test with the (h) Cartridge diameter and length
hard fiber-faced shoe. Ten trials of the changes. (1) For proposed changes to an
test are conducted by releasing the approved explosive involving only car-
steel shoe from a height of 59 inches. If tridge diameter or length, MSHA will
there is evidence of sensitivity, the determine what tests, if any, will be re-
test is repeated with the hard fiber- quired.
faced shoe. (2) When a proposed change to an ap-
(g) Toxic gases. The total volume proved explosive involves a smaller di-
equivalent to carbon monoxide (CO) of ameter than that specified in the ap-
toxic gases produced by detonation of proval, the rate-of-detonation and air-
the explosive shall not exceed 2.5 cubic gap sensitivity tests will be conducted.
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feet per pound of explosive as deter- (3) No test will be conducted on car-
mined in the large chamber test. The tridges with diameters the same as or
explosive shall propagate completely. smaller than those that previously
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15.21 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor Pt. 18
in air containing 7.7 to 8.3 percent nat- (g) New technology. MSHA may ap-
ural gas or 8.7 to 9.3 percent methane. prove an explosive unit designed to be
The air temperature is between 41 and fired outside the confines of a borehole
86 F. that incorporates technology for which
(2) Gallery test 10 is conducted in the requirements of this subpart are
each trial with three sheathed explo- not applicable if MSHA determines
sive units placed in a row 2 feet apart. that such explosive unit is as safe as
One of the trials is conducted with those which meet the requirements of
sheathed explosive units which have this subpart.
been subjected to the drop test as pro- [FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5,
vided in paragraph (d)(3) of this sec- 1989]
tion. The units are placed on a con-
crete slab, primed with test detonators 15.31 Tolerances for ingredients.
and fired in air containing 3.8 to 4.2 Tolerances established by the appli-
percent natural gas, or 4.3 to 4.7 per- cant for each ingredient in the sheath
cent methane, mixed with 0.2 ounces shall not exceed the tolerances speci-
per cubic foot of predispersed bitu- fied in Table II 15.21 of this part.
minous coal dust. The air temperature
is between 41 and 86 F. 15.32 Tolerances for weight of explo-
(3) Gallery test 11 is conducted in sive, sheath, wrapper, and specific
each trial with three sheathed explo- gravity.
sive units arranged in a triangular pat- (a) The weight of the explosive, the
tern with the units in contact with sheath, and the outer covering shall
each other. The units are placed in a each be within 7.5 percent of that
simulated crevice formed between two specified in the approval.
square concrete slabs, each measuring (b) The ratio of the weight of the
24 inches on a side and 2 inches in sheath to that of the explosive shall be
thickness. The crevice is formed by within 7.5 percent of that specified in
placing one slab on top of the other and the approval.
raising the edge of the upper slab at (c) The specific gravity of the explo-
least 4 inches. The sheathed explosive sive and sheath shall be within 7.5 per-
units are primed with test detonators cent of that specified in the approval.
and fired in air containing 7.7 to 8.3
percent natural gas or 8.7 to 9.3 percent PART 18ELECTRIC MOTOR-DRIV-
methane. The air temperature is be- EN MINE EQUIPMENT AND AC-
tween 41 and 86 F. CESSORIES
(4) Gallery test 12 is conducted in
each trial with three sheathed explo- Subpart AGeneral Provisions
sive units arranged in a triangular pat-
tern with the units in contact with Sec.
each other. The units are placed in a 18.1 Purpose.
18.2 Definitions.
corner formed by three square steel
18.3 Consultation.
plates, each measuring 24 inches on a 18.4 Electrical equipment for which ap-
side and one inch in thickness. The proval is issued.
sheathed explosive units are primed 18.5 Equipment for which certification will
with test detonators and fired in air be issued.
containing 7.7 to 8.3 percent natural 18.6 Applications.
gas or 8.7 to 9.3 percent methane. The 18.7 [Reserved]
18.8 Date for conducting investigation and
air temperature is between 41 and 86 tests.
F. 18.9 Conduct of investigations and tests.
(f) Detonation test. Each of ten 18.10 Notice of approval or disapproval.
sheathed explosive units shall propa- 18.11 Approval plate.
gate completely when fired at the min- 18.12 Letter of certification.
imum product firing temperature for 18.13 Certification plate.
the explosive used in the unit or 41 F 18.14 Identification of tested noncertified
explosion-proof enclosures.
for units with explosives approved 18.15 Changes after approval or certifi-
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18.1 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor 18.2
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18.3 30 CFR Ch. I (7114 Edition)
Flame resistant as applied to cable, Plane joint means two adjoining sur-
hose, and insultating materials means faces in parallel planes.
material that will burn when held in a Portable cable, or trailing cable means
flame but will cease burning when the a flame-resistant, flexible cable or cord
flame is removed. through which electrical energy is
Flammable mixture means a mixture of transmitted to a permissible machine
methane or natural gas and air that or accessory. (A portable cable is that
when ignited will propagate flame. portion of the power-supply system be-
Natural gas containing a high percent- tween the last short-circuit protective
age of methane is a satisfactory sub- device, acceptable to MSHA, in the sys-
stitute for pure methane in most tests. tem and the machine or accessory to
Gassy mine means a coal mine classed which it transmits electrical energy.)
as gassy by MESA or by the State in Portable equipment means equipment
which the mine is situated. that may be moved frequently and is
Incendive arc or spark means an arc or constructed or mounted to facilitate
spark releasing enough electrical or such movement.
Potted component means a component
thermal energy to ignite a flammable
that is entirely embedded in a solidi-
mixture of the most easily ignitable
fied insulating material within an en-
composition.
closure.
Intrinsically safe means incapable of
Pressure piling means the develop-
releasing enough electrical or thermal
ment of abnormal pressure as a result
energy under normal or abnormal con-
of accelerated rate of burning of a gas-
ditions to cause ignition of a flam-
air mixture. (Frequently caused by re-
mable mixture of methane or natural
stricted configurations within enclo-
gas and air of the most easily ignitable
sures.)
composition. Qualified representative means a per-
MESA means the United States De- son authorized by MSHA to determine
partment of the Interior, Mining En- whether the applicable requirements of
forcement and Safety Administration. this part have been complied with in
Predecessor organization to MSHA, the original manufacture, rebuilding,
prior to March 9, 1978. or repairing of equipment for which ap-
Mobile equipment means equipment proval, certification, or a permit is
that is self-propelled. sought.
MSHA means the United States De- Splice box means a portable enclosure
partment of Labor, Mine Safety and in which electrical conductors may be
Health Administration. joined.
Normal operation means the regular Step (rabbet) joint means a joint com-
performance of those functions for prised of two adjoining surfaces with a
which a machine or accessory was de- change(s) in direction between its inner
signed. and outer edges. (A step joint may be
Permissible equipment means a com- composed of a cylindrical portion and a
pletely assembled electrical machine plane portion or of two or more plane
or accessory for which a formal ap- portions.)
proval has been issued, as authorized Threaded joint means a joint con-
by the Administrator, Mining Enforce- sisting of a male- and a female-thread-
ment and Safety Administration under ed member, both of which are of the
the Federal Coal Mine Health and Safe- same type and gage.
ty Act of 1969 (Pub. L. 91173, 30 U.S.C. [33 FR 4660, Mar. 19, 1968, as amended at 39
801 or, after March 9, 1978, by the As- FR 23999, June 28, 1974; 43 FR 12314, Mar. 24,
sistant Secretary under the Federal 1978; 57 FR 61223, Dec. 23, 1992; 73 FR 80611,
Mine Safety and Health Act of 1977 Dec. 31, 2008]
(Pub. L. 91173, as amended by Pub. L.
95164, 30 U.S.C. 801). 18.3 Consultation.
Permit means a formal document, By appointment, applicants or their
signed by the Assistant Secretary, au- representatives may visit the U.S. De-
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thorizing the operation of specific ex- partment of Labor, Mine Safety and
perimental equipment in a gassy mine Health Administration, Approval and
or tunnel under prescribed conditions. Certification Center, 765 Technology
104
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Mine Safety and Health Admin., Labor 18.6
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18.6 30 CFR Ch. I (7114 Edition)
Safety Division, Approval and Certifi- rity, clearances exceeding those per-
cation Center, 765 Technology Drive, mitted under existing requirements
Triadelphia, WV 26059, or at the Na- along flame-arresting paths, or perma-
tional Archives and Records Adminis- nent distortion exceeding 0.040-inch per
tration (NARA). For information on linear foot.
the availability of this material at (D) Flamepath clearances, including
NARA, call 2027416030, or go to: http:// clearances between fasteners and the
www.archives.gov/federallregister/ holes through which they pass, shall
codeloflfederallregulations/ not exceed those specified in existing
ibrllocations.html. These IEC standards requirements. No intentional gaps in
may be obtained from International flamepaths are permitted.
Electrical Commission, Central Office (E) The minimum lengths of the
3, rue de Varembe, P.O. Box 131, CH flame arresting paths, based on enclo-
1211 GENEVA 20, Switzerland. sure volume, shall conform to those
(A) Enclosures shall be made of metal specified in existing requirements to
and not have a compartment exceeding the nearest metric equivalent value
ten (10) feet in length. Glass or (e.g., 12.5 mm, 19 mm, and 25 mm are
polycarbonate materials shall be the considered equivalent to 12 inch, 34
only materials utilized in the construc- inch and 1 inch respectively for plane
tion of windows and lenses. External and cylindrical joints). The widths of
surfaces of enclosures shall not exceed any grooves for o-rings shall be de-
150 C (302 F) and internal surface tem- ducted in measuring the widths of
peratures of enclosures with flame-arresting paths.
polycarbonate windows and lenses shall
(F) Gaskets shall not be used to form
not exceed 115 C (240 F), in normal op-
any part of a flame-arresting path. If o-
eration. Other non-metallic materials
rings are installed within a flamepath,
for enclosures or parts of enclosures
the location of the o-rings shall meet
will be evaluated, on a case-by-case
existing requirements.
basis, under the new technology provi-
sions in 18.20(b) of this part. (G) Cable entries into enclosures
(B) Enclosures shall be rugged in con- shall be of a type that utilizes either
struction and should meet existing re- flame-resistant rope packing material
quirements for minimum bolt size and or sealing rings (grommets). If plugs
spacing and for minimum wall, cover, and mating receptacles are mounted to
and flange thicknesses specified in an enclosure wall, they shall be of ex-
paragraph (g)(19) of 7.304 Technical re- plosion-proof construction. Insulated
quirements. Enclosure fasteners should bushings or studs shall not be installed
be uniform in size and length, be pro- in the outside walls of enclosures. Lead
vided at all corners, and be secured entrances utilizing sealing compounds
from loosening by lockwashers or and flexible or rigid metallic conduit
equivalent. An engineering analysis are not permitted.
shall be provided for enclosure designs (H) Unused lead entrances shall be
that deviate from the existing require- closed with a metal plug that is se-
ments. The analysis shall show that cured by spot welding, brazing, or
the proposed enclosure design meets or equivalent.
exceeds the mechanical strength of a (I) Special explosion tests are re-
comparable enclosure designed to 150 quired for explosion-proof enclosures
psig according to existing require- that share leads (electric conductors)
ments, and that flamepath clearances through a common wall with another
in excess of existing requirements will explosion-proof enclosure. These tests
not be produced at an internal pressure are required to determine the presence
of 150 psig. This shall be verified by ex- of pressure piling conditions in either
plosion testing the enclosure at a min- enclosure when one or more of the in-
imum of 150 psig. sulating barriers, sectionalizing termi-
(C) Enclosures shall be designed to nals, or other isolating parts are se-
withstand a minimum pressure of at quentially removed from the common
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least 150 psig without leakage through wall between the enclosures. Enclo-
any welds or castings, rupture of any sures that exhibit pressures during
part that affects explosion-proof integ- these tests that exceed those specified
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18.7 30 CFR Ch. I (7114 Edition)
accordance with the drawings and spec- sistance in disassembling parts for in-
ifications covering a design submitted spection, preparing parts for testing,
to MSHA for approval or certification. and preparing equipment for return
(l) MSHA will accept an application shipment. Explosion-proof enclosures
for an approval, a letter of certifi- shall be drilled and tapped for pipe con-
cation, or an acceptance for listing of a nections in accordance with instruc-
product that is manufactured in a tions supplied by MSHA.
country other than the United States (c) MSHA reserves the right to in-
provided: (1) All correspondence, speci- spect a complete machine, component
fications, lettering on drawings (met- part, or accessory at a place other than
ric-system dimensions acceptable), in- the Bureaus premises, such as the as-
structions, and related information are sembly plant or other location accept-
in English; and (2) all other require- able to MSHA, at the applicants ex-
ments of this part are met the same as pense.
for a domestic applicant.
(d) Applicants shall be responsible for
[33 FR 4660, Mar. 19, 1968, as amended at 43 their representatives present during
FR 12314, Mar. 24, 1978; 47 FR 14696, Apr. 6, tests and for observers admitted at
1982; 57 FR 61223, Dec. 23, 1992; 60 FR 33723, their request and shall save the Gov-
June 29, 1995; 60 FR 35693, July 11, 1995; 68 FR
36419, June 17, 2003; 70 FR 46343, Aug. 9, 2005;
ernment harmless in the event of dam-
71 FR 28584, May 17, 2006; 73 FR 52211, Sept. age to applicants property or injury to
9, 2008; 73 FR 80611, Dec. 31, 2008] applicants representatives or to ob-
servers admitted at their request.
18.7 [Reserved]
[33 FR 4660, Mar. 19, 1968; 33 FR 6345, Apr. 26,
18.8 Date for conducting investiga- 1968, as amended at 57 FR 61223, Dec. 23, 1992;
tion and tests. 73 FR 80612, Dec. 31, 2008]
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Mine Safety and Health Admin., Labor 18.14
received MSHAs formal notice of ap- machine or accessory for which an ap-
proval. proval may be subsequently issued. A
letter of certification will be issued to
18.11 Approval plate. an applicant when a component has
(a)(1) The notice of approval will be met all the applicable requirements of
accompanied by a photograph of an ap- this part. Included in the letter of cer-
proval plate, bearing the emblem of tification will be an assigned MSHA
Mine Safety and Health Administra- certification number that will identify
tion, the name of the complete assem- the certified component.
bly, the name of the applicant, and (b) A letter of certification will be
spaces for the approval number, serial accompanied by a list of drawings,
number, and the type or model of ma- specifications, and related material
chine. covering the details of design and con-
(2) An extension of approval will not struction of a component upon which
affect the original approval number ex- the letter of certification is based. Ap-
cept that the extension number shall plicants shall keep exact duplicates of
be added to the original approval num- the drawings, specifications, and de-
ber on the approval plate. (Example: scriptions that relate to the component
Original approval No. 2G3000; seventh for which a letter of certification has
extension No. 2G30007.) been issued; and the drawings and spec-
(b) The applicant shall reproduce the ifications shall be adhered to exactly
design on a separate plate, which shall in production of the certified compo-
be attached in a suitable place, on each nent.
complete assembly to which it relates. (c) A component shall not be rep-
The size, type, location, and method of resented as certified until the appli-
attaching an approval plate are subject cant has received MSHAs letter of cer-
to MSHAs concurrence. The method tification for the component. Certified
for affixing the approval plate shall not components are not to be represented
impair any explosion-proof feature of as approved or permissible be-
the equipment. cause such terms apply only to com-
(c) The approval plate identifies as pletely assembled machines or acces-
permissible the machine or accessory sories.
to which it is attached, and use of the
approval plate obligates the applicant 18.13 Certification plate.
to whom the approval was issued to Each certified component shall be
maintain in his plant the quality of identified by a certification plate at-
each complete assembly and guaran-
tached to the component in a manner
tees that the equipment is manufac-
acceptable to MSHA. The method of at-
tured and assembled according to the
tachment shall not impair any explo-
drawings, specifications, and descrip-
sion-proof characteristics of the com-
tions upon which the approval and sub-
ponent. The plate shall be of service-
sequent extension(s) of approval were
able material, acceptable, to MSHA,
based.
and shall contain the following:
(d) A completely assembled approved
machine with an integral dust col- Certified as complying with the applicable
lector shall bear an approval plate in- requirements of 30 CFR part llll.
dicating that the requirements of part Certification No.llll.
33 of this chapter (Bureau of Mines The blank spaces shall be filled with
Schedule 25B), have been complied appropriate designations. Inclusion of
with. Approval numbers will be as- the information on a company name
signed under each part of such joint ap- plate will be permitted provided the
provals. plate is made of material acceptable to
[33 FR 4660, Mar. 19, 1968, as amended at 43 MSHA.
FR 12314, Mar. 24, 1978]
18.14 Identification of tested noncer-
18.12 Letter of certification. tified explosion-proof enclosures.
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18.15 30 CFR Ch. I (7114 Edition)
ments of this part, a formal extension (f) Brakes shall be provided for each
of approval or certification will be wheel-mounted machine, unless design
issued, accompanied by a list of new or of the driving mechanism will preclude
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Mine Safety and Health Admin., Labor 18.28
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18.29 30 CFR Ch. I (7114 Edition)
18.29 Access openings and covers, in- (1) Cast or welded enclosures shall be
cluding unused lead-entrance holes. designed to withstand a minimum in-
(a) Access openings in explosion- ternal pressure of 150 pounds per square
proof enclosures will be permitted only inch (gage). Castings shall be free from
where necessary for maintenance of in- blowholes.
ternal parts such as motor brushes and (2) Welded joints forming an enclo-
fuses. sure shall have continuous gas-tight
(b) Covers for access openings shall welds. All welds shall be made in ac-
meet the same requirements as any cordance with American Welding Soci-
other part of an enclosure except that ety standards.
threaded covers shall be secured (3) External rotating parts shall not
against loosening, preferably with be constructed of aluminum alloys con-
screws having heads requiring a special taining more than 0.6 percent magne-
tool. (See Figure 1 in Appendix II.) sium.
(c) Holes in enclosures that are pro- (4) MSHA reserves the right to re-
vided for lead entrances but which are quire the applicant to conduct static-
not in use shall be closed with metal pressure tests on each enclosure when
plugs secured by spot welding, brazing, MSHA determines that the particular
or equivalent. (See Figure 10 in Appen- design will not permit complete visual
dix II.)
inspection or when the joint(s) forming
18.30 Windows and lenses. an enclosure is welded on one side only
(see 18.67).
(a) MSHA may waive testing of mate-
(5) Threaded covers and mating parts
rials for windows or lenses except head-
shall be designed with Class 1A and 1B
light lenses. When tested, material for
windows or lenses shall meet the test (coarse, loose-fitting) threads. The
requirements prescribed in 18.66 and flame-arresting path of threaded joints
shall be sealed in place or provided shall conform to the requirements of
with flange joints in accordance with paragraph (a)(6) of this section.
18.31. (6) Enclosure requirements shall be
(b) Windows or lenses shall be pro- based on the internal volumes of the
tected from mechanical damage by empty enclosure. The internal volume
structural design, location, or guard- is the volume remaining after deduct-
ing. Windows or lenses, other than ing the volume of any part that is es-
headlight lenses, having an exposed sential in maintaining the explosion-
area greater than 8 square inches, shall proof integrity of the enclosure or nec-
be provided with guarding or equiva- essary for the operation. Essential
lent. parts include the parts that constitute
the flame-arresting path and those nec-
18.31 Enclosuresjoints and fas- essary to secure parts that constitute a
tenings. flame-arresting path. Enclosures shall
(a) Explosion-proof enclosures: meet the following requirements:
EXPLOSION-PROOF REQUIREMENTS BASED ON VOLUME
Volume of empty enclosure
Maximum bolt spacing; joints, portions of which are in different planes .......... (9) (9) (9)
Minimum diameter of bolt (without regard to type of joint) ............................... 14 14 38
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Mine Safety and Health Admin., Labor 18.31
Cylindrical joints
plane and cylindrical portion of the (a) of this section. These enclosures
joint (see figure J4 in the appendix to shall be provided with means for at-
subpart J of part 7 of this chapter); or taching hose conduit, unless energy
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18.32 30 CFR Ch. I (7114 Edition)
carried by the cable is intrinsically (2) The holes for the inserts shall be
safe. drilled and tapped consistent with the
(c) No assembly will be approved that insert manufacturers specifications.
requires the opening of an explosion- (3) The inserts shall be installed con-
proof enclosure to operate a switch, sistent with the insert manufacturers
rheostat, or other device during normal specifications.
operation of a machine. (4) The insert shall be of sufficient
[33 FR 4660, Mar. 19, 1968, as amended at 57 length to ensure the minimum thread
FR 61209, Dec. 23, 1992] engagement of fastening specified in
18.31(a)(6) of this part.
18.32 Fasteningsadditional require-
ments. [33 FR 4660, Mar. 19, 1968, as amended at 57
FR 61210, Dec. 23, 1992]
(a) Bolts, screws, or studs shall be
used for fastening adjoining parts to 18.33 Finish of surface joints.
prevent the escape of flame from an en-
closure. Hinge pins or clamps will be Flat surfaces between bolt holes that
acceptable for this purpose provided form any part of a flame-arresting path
MSHA determines them to be equally shall be plane to within a maximum de-
effective. viation of one-half the maximum clear-
(b) Lockwashers shall be provided for ance specified in 18.31(a)(6). All metal
all bolts, screws, and studs that secure surfaces forming a flame-arresting
parts of explosion-proof enclosures. path shall be finished during the manu-
Special fastenings designed to prevent facturing process to not more than 250
loosening will be acceptable in lieu of microinches. A thin film of nonhard-
lockwashers, provided MSHA deter- ening preparation to inhibit rusting
mines them to be equally effective. may be applied to these finished metal
(c) Fastenings shall be as uniform in surfaces as long as the final surface can
size as practicable to preclude im- be readily wiped free of any foreign
proper assembly. materials.
(d) Holes for fastenings shall not pen- [57 FR 61210, Dec. 23, 1992]
etrate to the interior of an explosion-
proof enclosure, except as provided in 18.34 Motors.
paragraph (a)(9) of 18.34, and shall be
Explosion-proof electric motor as-
threaded to insure that a specified bolt
or screw will not bottom even if its semblies intended for use in approved
lockwasher is omitted. equipment in underground mines that
are specifically addressed in part 7 of
(e) A minimum of 18inch of stock
shall be left at the center of the bot- this chapter shall be approved under
tom of each hole drilled for fastenings. part 7 of this chapter after February 22,
(f) Fastenings used for joints on ex- 1996. Those motor assemblies not spe-
plosion-proof enclosures shall not be cifically addressed under part 7 of this
used for attaching nonessential parts chapter shall be accepted or certified
or for making electrical connections. under this part.
(g) The acceptable sizes for and (a) General. (1) Motors shall have ex-
spacings of fastenings shall be deter- plosion-proof enclosures.
mined by the size of the enclosure, as (2) Motors submitted to MSHA for
indicated in 18.31. test shall be equipped with unshielded
(h) MSHA reserves the right to con- bearings regardless of whether that
duct explosion tests with standard type of bearing is specified.
bolts, nuts, cap screws, or studs sub- (3) MSHA reserves the right to test
stituted for any special high-tensile motors with the maximum clearance
strength fastening(s) specified by the specified between the shaft and the
applicant. mating part which forms the required
(i) Coil-thread inserts, if used in flame-arresting path. Also reserved is
holes for fastenings, shall meet the fol- the right to remachine these parts, at
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Mine Safety and Health Admin., Labor 18.35
NOTE: For example, a shaft with a diame- as the inner surface of the frame. Pole
ter greater than 2 inches at the flame-arrest- pieces may be shimmed as necessary.
ing portion might require such machining. (c) Alternating-current motors. Stator
(4) Ball and roller bearings and oil laminations that form a part of an ex-
seals will not be acceptable as flame- plosion-proof enclosure will be accept-
arresting paths; therefore, a separate able provided: (1) The laminations and
path shall be provided between the their end rings are fastened together
shaft and another part, preferably inby under pressure; (2) the joint between
the bearing. The length and clearances the end rings and the laminations is
of such flame-arresting path shall con- not less than 14 inch, but preferably as
form to the requirements of 18.31. close to 1 inch as possible; and (3) it
(5) Labyrinths or other arrangements shall be impossible to insert a 0.0015-
that provide change(s) in direction of inch thickness gage to a depth exceed-
escaping gases will be acceptable but ing 18 inch between adjacent lamina-
the use of small detachable pieces shall tions or between end rings and lamina-
not be permitted unless structurally tions.
unavoidable. The lengths of flame-ar- (d) Small motors (alternating- and di-
resting path(s) and clearance(s) shall rect-current). Motors having internal
conform to the requirements of 18.31. free volume not exceeding 350 cubic
(6) Oil seals shall be removed from inches and joints not exceeding 32
motors prior to submission for explo- inches in outer circumference will be
sion tests. acceptable for investigation if provided
NOTE: Oil seals will be removed from mo- with rabbet joints between the stator
tors prior to explosion tests and therefore frame and the end bracket having the
may be omitted from motors submitted for following dimensions:
investigation.
(7) Openings for filling and draining DIMENSIONS OF RABBET JOINTSINCHES
bearing lubricants shall be so located Min. width Max. Max.
as to prevent escape of flame through of clamped clearance diametrical
Minimum total width radial of radial clearance at
them. portion portion axial portion
(8) An outer bearing cap will not be 38
.............................
3 64 0.0015 0.003
considered as forming any part of a .............................
12
3 64 .002 .003
flame-arresting path unless the cap is .............................
12
3 32 .002 .004
used as a bearing cartridge.
NOTE: The outer bearing cap will be omit- [33 FR 4660, Mar. 19, 1968, as amended at 57
ted during explosion tests unless it houses FR 61210, Dec. 23, 1992]
the bearing.
(9) If unavoidable, holes may be made 18.35 Portable (trailing) cables and
through motor casings for bolts, studs, cords.
or screws to hold essential parts such (a) Portable cables and cords used to
as pole pieces, brush rigging, and bear- conduct electrical energy to face equip-
ing cartridges. Such parts shall be at- ment shall conform to the following:
tached to the casing by at least two (1) Have each conductor of a current-
fastenings. The threaded holes in these carrying capacity consistent with the
parts shall be blind, unless the fas- Insulated Power Cable Engineers Asso-
tenings are inserted from the inside, in ciation (IPCEA) standards. (See Tables
which case the fastenings shall not be 1 and 2 in Appendix I.)
accessible with the armature of the (2) Have current-carrying conductors
motor in place. not smaller than No. 14 (AWG). Cords
(b) Direct-current motors. For direct- with sizes 14 to 10 (AWG) conductors
current motors with narrow interpoles, shall be constructed with heavy jack-
the distance from the edge of the pole ets, the diameters of which are given in
piece to any bolt hole in the frame Table 6 in Appendix I.
shall be not less than 18 inch. If the dis- (3) Be accepted as flame resistant
tance is 18 to 14 inch, the diametrical under this part or approved under sub-
clearance for the pole bolt shall not ex- part K of part 7 of this chapter.
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ceed 164 inch for not less than 12 inch (4) Have short-circuit protection at
through the frame. Furthermore, the the outby (circuit-connecting) end of
pole piece shall have the same radius ungrounded conductors. (See Table 8 in
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18.36 30 CFR Ch. I (7114 Edition)
Appendix I.) The fuse rating or trip set- 18.36 Cables between machine com-
ting shall be included in the assem- ponents.
blers specifications. (a) Cables between machine compo-
(5) Ordinarily the length of a portable nents shall have: (1) Adequate current-
(trailing) cable shall not exceed 500 carrying capacity for the loads in-
feet. Where the method of mining re- volved, (2) short-circuit protection, (3)
quires the length of a portable (trail- insulation compatible with the im-
ing) cable to be more than 500 feet, pressed voltage, and (4) flame-resistant
such length of cable shall be permitted properties unless totally enclosed with-
only under the following prescribed in a flame-resistant hose conduit or
conditions: other flame-resistant material.
(i) The lengths of portable (trailing) (b) Cables between machine compo-
cables shall not exceed those specified nents shall be: (1) Clamped in place to
in Table 9, Appendix I, titled Speci- prevent undue movement, (2) protected
fications for Portable Cables Longer from mechanical damage by position,
Than 500 Feet. flame-resistant hose conduit, metal
(ii) Short-circuit protection shall be tubing, or troughs (flexible or threaded
provided by a protective device with an rigid metal conduit will not be accept-
instantaneous trip setting as near as able), (3) isolated from hydraulic lines,
practicable to the maximum starting- and (4) protected from abrasion by re-
current-inrush value, but the setting moving all sharp edges which they
shall not exceed the trip value speci- might contact.
fied in MSHA approval for the equip- (c) Cables (cords) for remote-control
ment for which the portable (trailing) circuits extending from permissible
cable furnishes electric power. equipment will be exempted from the
(6) Have nominal outside dimensions requirements of conduit enclosure pro-
consistent with IPCEA standards. (See vided the total electrical energy car-
Tables 4, 5, 6, and 7 in Appendix I.) ried is intrinsically safe or that the ca-
(7) Have conductors of No. 4 (AWG) bles are constructed with heavy jack-
minimum for direct-current mobile ets, the sizes of which are stated in
haulage units or No. 6 (AWG) minimum Table 6 of Appendix I. Cables (cords)
for alternating-current mobile haulage provided with hose-conduit protection
units. shall have a tensile strength not less
(8) Have not more than five well- than No. 16 (AWG) three-conductor,
made temporary splices in a single type SO cord. (Reference: 7.7.7 IPCEA
length of portable cable. Pub. No. S1981, Fourth Edition.) Ca-
(b) Sectionalized portable cables will bles (cords) constructed with heavy
be acceptable provided the connectors jackets shall consist of conductors not
used inby the last open crosscut in a smaller than No. 14 (AWG) regardless
gassy mine meet the requirements of of the number of conductors.
18.41.
(c) A portable cable having conduc- 18.37 Lead entrances.
tors smaller than No. 6 (AWG), when (a) Insulated cable(s), which must ex-
used with a trolley tap and a rail tend through an outside wall of an ex-
clamp, shall have well insulated single plosion-proof enclosure, shall pass
conductors not smaller than No. 6 through a stuffing-box lead entrance.
(AWG) spliced to the outby end of each All sharp edges that might damage in-
conductor. All splices shall be made in sulation shall be removed from stuffing
a workmanlike manner to insure good boxes and packing nuts.
electrical conductivity, insulation, and
(b) Stuffing boxes shall be so de-
mechanical strength.
signed, and the amount of packing used
(d) Suitable provisions shall be made shall be such, that with the packing
to facilitate disconnection of portable properly compressed, the gland nut
cable quickly and conveniently for re- still has a clearance distance of 18 inch
placement.
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Mine Safety and Health Admin., Labor 18.40
minimum of three effective threads en- bushings shall be secured in the metal
gaged. (See figures 8, 9 and 10 in appen- wall.
dix II.) (c) Insulated wires or cables con-
(c) Packing nuts and stuffing boxes ducted from one explosion-proof enclo-
shall be secured against loosening. sure to another through conduit, tub-
(d) Compressed packing material ing, piping, or other solid-wall passage-
shall be in contact with the cable jack- ways will be acceptable provided one
et for a length of not less than 12 inch. end of the passageway is plugged, thus
(e) Special requirements for glands in
isolating one enclosure from the other.
which asbestos-packing material is
Glands of secured bushings with close-
specified are:
(1) Asbestos-packing material shall fitting holes through which the wires
be untreated, not less than 316-inch di- or cables are conducted will be accept-
ameter if round, or not less than 316 by able for plugging. The tubing or duct
316 inch if square. The width of the specified for the passageway shall be
space for packing material shall not brazed or welded into the walls of both
exceed by more than 50 percent the di- explosion-proof enclosures with contin-
ameter or width of the uncompressed uous gas-tight welds.
packing material. (d) If wires and cables are taken
(2) The allowable diametrical clear- through openings closed with sealing
ance between the cable and the holes in compounds, the design of the opening
the stuffing box and packing nut shall and characteristics of the compounds
not exceed 75 percent of the nominal shall be such as to hold the sealing ma-
diameter or width of the packing mate- terial in place without tendency of the
rial. material to crack or flow out of its
(f) Special requirements for glands in place. The material also must with-
which a compressible material (exam- stand explosion tests without cracking
plesynthetic elastomers) other than or loosening.
asbestos is specified, are: (e) Openings through common walls
(1) The packing material shall be between explosion-proof enclosures not
flame resistant. provided with bushings or sealing com-
(2) The radial clearance between the pound, shall be large enough to prevent
cable jacket and the nominal inside di- pressure piling.
ameter of the packing material shall
not exceed 132inch, based on the nomi- 18.39 Hose conduit.
nal specified diameter of the cable.
(3) The radial clearance between the Hose conduit shall be provided for
nominal outside diameter of the pack- mechanical protection of all machine
ing material and the inside wall of the cables that are exposed to damage.
stuffing box (that portion into which Hose conduit shall be flame resistant
the packing material fits) shall not ex- and have a minimum wall thickness of
316 inch. The flame resistance of hose
ceed 132inch.
conduit will be determined in accord-
[33 FR 4660, Mar. 19, 1968, as amended at 57 ance with the requirements of 18.65.
FR 61210, Dec. 23, 1992]
18.38 Leads through common walls. 18.40 Cable clamps and grips.
(a) Insulated studs will be acceptable Insulated clamps shall be provided
for use in a common wall between two for all portable (trailing) cables to pre-
explosion-proof enclosures. vent strain on the cable terminals of a
(b) When insulated wires or cables machine. Also insulated clamps shall
are extended through a common wall be provided to prevent strain on both
between two explosion-proof enclosures ends of each cable or cord leading from
in insulating bushings, such bushings a machine to a detached or separately
shall be not less than 1-inch long and mounted component. Cable grips an-
the diametrical clearance between the chored to the cable may be used in lieu
wire or cable insulation and the holes of insulated strain clamps. Supporting
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in the bushings shall not exceed 116 clamps for cables used for wiring
inch (based on the nominal specified di- around machines shall be provided in a
ameter of the cable). The insulating manner acceptable to MSHA.
117
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18.41 30 CFR Ch. I (7114 Edition)
18.41 Plug and receptacle-type con- wide and the elastomer is either bond-
nectors. ed to or fits tightly with metal parts.
(a) Plug and receptacle-type connec- (e) The contacts of all line-side con-
tors for use inby the last open crosscut nectors shall be shielded or recessed
in a gassy mine shall be so designed adequately.
that insertion or withdrawal of a plug (f) For a mobile battery-powered ma-
cannot cause incendive arcing or chine, a plug and receptacle-type con-
sparking. Also, connectors shall be so nector will be acceptable in lieu of an
designed that no live terminals, except interlock provided:
as hereinafter provided, are exposed (1) The plug is padlocked to the re-
upon withdrawal of a plug. The fol- ceptacle and is held in place by a
lowing types will be acceptable: threaded ring or equivalent mechanical
(1) Connectors in which the mating fastening in addition to a padlock. A
or separation of the male and female connector within a padlocked enclo-
electrodes is accomplished within an sure will be acceptable; or,
explosion-proof enclosure. (2) The plug is held in place by a
(2) Connectors that are mechanically threaded ring or equivalent mechanical
or electrically interlocked with an fastening, in addition to the use of a
automatic circuit-interrupting device. device that is captive and requires a
(i) Mechanically interlocked connectors. special tool to disengage and allow for
If a mechanical interlock is provided the separation of the connector. All
the design shall be such that the plug connectors using this means of compli-
cannot be withdrawn before the circuit ance shall have a clearly visible warn-
has been interrupted and the circuit ing tag that states: DO NOT DIS-
cannot be established with the plug ENGAGE UNDER LOAD, or an equiv-
partially withdrawn. alent statement; or,
(ii) Electrically interlocked connectors. (3) The plug is held in place by a
If an electrical interlock is provided, spring-loaded or other locking device,
the total load shall be removed before that maintains constant pressure
the plug can be withdrawn and the against a threaded ring or equivalent
electrical energy in the interlocking mechanical fastening, to secure the
pilot circuit shall be intrinsically safe, plug from accidental separation. All
unless the pilot circuit is opened with- connectors using this means of compli-
in an explosion-proof enclosure. ance shall have a clearly visible warn-
(3) Single-pole connectors for indi- ing tag that states: DO NOT DIS-
vidual conductors of a circuit used at ENGAGE UNDER LOAD, or an equiv-
terminal points shall be so designed alent statement.
that all plugs must be completely in- [33 FR 4660, Mar. 19, 1968, as amended at 68
serted before the control circuit of the FR 37082, June 23, 2003]
machine can be energized.
(b) Plug and receptacle-type connec- 18.42 Explosion-proof distribution
tors used for sectionalizing the cables boxes.
outby the last open crosscut in a gassy (a) A cable passing through an out-
mine need not be explosion-proof or side wall(s) of a distribution box shall
electrically interlocked provided such be conducted either through a packing
connectors are designed and con- gland or an interlocked plug and recep-
structed to prevent accidental separa- tacle.
tion. (b) Short-circuit protection shall be
(c) Conductors shall be securely at- provided for each branch circuit con-
tached to the electrodes in a plug or re- nected to a distribution box. The cur-
ceptacle and the connections shall be rent-carrying capacity of the specified
totally enclosed. connector shall be compatible with the
(d) Molded-elastomer connectors will automatic circuit-interrupting device.
be acceptable provided: (c) Each branch receptacle shall be
(1) Any free space within the plug or plainly and permanently marked to in-
receptacle is isolated from the exterior dicate its current-carrying capacity
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Mine Safety and Health Admin., Labor 18.47
(d) Provision shall be made to relieve (f) The maximum speed of travel of a
mechanical strain on all connectors to machine when receiving power through
distribution boxes. a portable (trailing) cable shall not ex-
ceed 6 miles per hour.
18.43 Explosion-proof splice boxes. (g) Diameters of cable reel drums and
Internal connections shall be rigidly sheaves should be large enough to pre-
held and adequately insulated. Strain vent undue bending strain on cables.
clamps shall be provided for all cables
entering a splice box. 18.46 Headlights.
(a) Headlights shall be constructed as
18.44 Non-intrinsically safe battery- explosion-proof enclosures.
powered equipment.
(b) Headlights shall be mounted to
(a) Battery-powered equipment shall provide illumination where it will be
use battery assemblies approved under most effective. They shall be protected
Part 7 of this chapter, or battery as- from damage by guarding or location.
semblies accepted or certified under (c) Lenses for headlights shall be
this part prior to August 22, 1989. glass or other suitable material with
(b) Battery box covers shall be se- physical characteristics equivalent to
cured in a closed position. 12-inch thick tempered glass, such as
(c) Each wire or cable leaving a bat- Pyrex. Lenses shall meet the re-
tery box on storage battery-operated quirements of the tests prescribed in
equipment shall have short-circuit pro- 18.66.
tection in an explosion-proof enclosure (d) Lenses permanently fixed in a
located as close as practicable to the ring with lead, epoxy, or equivalent
battery terminals. A short-circuit pro- will be acceptable provided only lens
tection device installed within a near- assemblies meeting the original manu-
by explosion-proof enclosure will be ac- facturers specifications are used as re-
ceptable. In no case shall the exposed placements.
portion of the cable from the battery (e) If a single lead gasket is used, the
box to the enclosure exceed 36 inches in contact surface of the opposite side of
length. Each wire or cable shall be pro- the lens shall be plane within a max-
tected from damage. imum deviation of 0.002 inch.
[53 FR 23500, June 22, 1988]
18.47 Voltage limitation.
18.45 Cable reels. (a) A tool or switch held in the opera-
(a) A self-propelled machine, that re- tors hand or supported against his
ceives electrical energy through a port- body will not be approved with a name-
able cable and is designed to travel at plate rating exceeding 300 volts direct
speeds exceeding 2.5 miles per hour, current or alternating current.
shall have a mechanically, hydrau- (b) A battery-powered machine shall
lically, or electrically driven reel upon not have a nameplate rating exceeding
which to wind the portable cable. 240 volts, nominal (120 lead-acid cells
(b) The enclosure for moving con- or equivalent).
tacts or slip rings of a cable reel shall (c) Other direct-current machines
be explosion-proof. shall not have a nameplate rating ex-
(c) Cable-reel bearings shall not con- ceeding 550 volts.
stitute an integral part of a circuit for (d) An alternating-current machine
transmitting electrical energy. shall not have a nameplate rating ex-
(d) Cable reels for shuttle cars and lo- ceeding 660 volts, except that a ma-
comotives shall maintain positive ten- chine may have a nameplate rating
sion on the portable cable during reel- greater than 660 volts but not exceed-
ing and unreeling. Such tension shall ing 4,160 volts when the following con-
only be high enough to prevent a ma- ditions are complied with:
chine from running over its own (1) Adequate clearances and insula-
cable(s). tion for the particular voltage(s) are
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(e) Cable reels and spooling devices provided in the design and construction
shall be insulated with flame-resistant of the equipment, its wiring, and acces-
material. sories.
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18.48 30 CFR Ch. I (7114 Edition)
ceptable. When contacts are used as a less than 50 percent of that of one
main-circuit-interrupting device, a power conductor unless a ground-fault
means for opening the circuit shall be tripping relay is used, in which case
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Mine Safety and Health Admin., Labor 18.53
the minimum size may be No. 8 (AWG). tective device in at least two phases
Cables smaller than No. 6 (AWG) shall such that actuation of a device in one
have an additional conductor(s) of the phase will cause the opening of all
same size as one power conductor. three phases.
(b) A means of actuating a circuit-in- (c) Circuit-interrupting devices shall
terrupting device, preferably at the be so designed that they can be reset
outby end of the portable cable. without opening the compartment in
NOTE: The frame to ground potential shall which they are enclosed.
not exceed 40 volts. (d) All magnetic circuit-interrupting
(c) A device(s) such as a diode(s) of devices shall be mounted in a manner
adequate peak inverse voltage rating to preclude the possibility of their
and current-carrying capacity to con- closing by gravity.
duct possible fault current through the
grounded power conductor. Diode in- 18.52 Renewal of fuses.
stallations shall include: (1) An over- Enclosure covers that provide access
current device in series with the diode, to fuses, other than headlight, control-
the contacts of which are in the ma- circuit, and handheld-tool fuses, shall
chines control circuit; and (2) a block- be interlocked with a circuit-inter-
ing diode in the control circuit to pre- rupting device. Fuses shall be inserted
vent operation of the machine with the on the load side of the circuit inter-
polarity reversed. rupter.
18.51 Electrical protection of circuits 18.53 High-voltage longwall mining
and equipment. systems.
(a) An automatic circuit-interrupting (a) In each high-voltage motor-start-
device(s) shall be used to protect each er enclosure, with the exception of a
ungrounded conductor of a branch cir- controller on a high-voltage shearer,
cuit at the junction with the main cir- the disconnect device compartment,
cuit when the branch-circuit con- control/communications compartment,
ductor(s) has a current carrying capac- and motor contactor compartment
ity less than 50 percent of the main cir- must be separated by barriers or parti-
cuit conductor(s), unless the protective tions to prevent exposure of personnel
device(s) in the main circuit will also to energized high-voltage conductors or
provide adequate protection for the parts. In each motor-starter enclosure
branch circuit. The setting of each de- on a high-voltage shearer, the high-
vice shall be specified. For headlight voltage components must be separated
and control circuits, each conductor from lower voltage components by bar-
shall be protected by a fuse or equiva- riers or partitions to prevent exposure
lent. Any circuit that is entirely con- of personnel to energized high-voltage
tained in an explosion-proof enclosure conductors or parts. Barriers or parti-
shall be exempt from these require- tions must be constructed of grounded
ments. metal or nonconductive insulating
(b) Each motor shall be protected by board.
an automatic overcurrent device. One (b) Each cover of a compartment in
protective device will be acceptable the high-voltage motor-starter enclo-
when two motors of the same rating sure containing high-voltage compo-
operate simultaneously and perform nents must be equipped with at least
virtually the same duty. two interlock switches arranged to
(1) If the overcurrent-protective de- automatically deenergize the high-
vice in a direct-current circuit does not voltage components within that com-
open both lines, particular attention partment when the cover is removed.
shall be given to marking the polarity (c) Circuit-interrupting devices must
at the terminals or otherwise pre- be designed and installed to prevent
venting the possibility of reversing automatic reclosure.
connections which would result in (d) Transformers with high-voltage
changing the circuit interrupter to the primary windings that supply control
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18.53 30 CFR Ch. I (7114 Edition)
windings. The shielding must be con- the device must be capable of inter-
nected to equipment ground by a min- rupting the full-load current of the cir-
imum No. 12 AWG grounding con- cuit.
ductor. The secondary nominal voltage (g) Control circuits for the high-volt-
must not exceed 120 volts, line to line. age motor starters must be interlocked
(e) Test circuits must be provided for with the disconnect device so that
checking the condition of ground-wire (1) The control circuit can be oper-
monitors and ground-fault protection ated with an auxiliary switch in the
without exposing personnel to ener- test position only when the dis-
gized circuits. Each ground-test circuit connect device is in the open and
must inject a primary current of 50 grounded position; and
percent or less of the current rating of (2) The control circuit can be oper-
the grounding resistor through the cur- ated with the auxiliary switch in the
rent transformer and cause each cor- normal position only when the dis-
responding circuit-interrupting device connect switch is in the closed posi-
to open. tion.
(f) Each motor-starter enclosure, (h) A study to determine the min-
with the exception of a controller on a imum available fault current must be
high-voltage shearer, must be equipped submitted to MSHA to ensure adequate
with a disconnect device installed to protection for the length and con-
deenergize all high-voltage power con- ductor size of the longwall motor,
ductors extending from the enclosure shearer and trailing cables.
when the device is in the open posi- (i) Longwall motor and shearer ca-
tion. bles with nominal voltages greater
(1) When multiple disconnect devices than 660 volts must be made of a
located in the same enclosure are used shielded construction with a grounded
to satisfy the above requirement they metallic shield around each power con-
must be mechanically connected to ductor.
provide simultaneous operation by one (j) High-voltage motor and shearer
handle. circuits must be provided with instan-
(2) The disconnect device must be taneous ground-fault protection of not
rated for the maximum phase-to-phase more than 0.125-amperes. Current
voltage and the full-load current of the transformers used for this protection
circuit in which it is located, and in- must be of the single-window type and
stalled so that must be installed to encircle all three
(i) Visual observation determines phase conductors.
that the contacts are open without re- (k) Safeguards against corona must
moving any cover; be provided on all 4,160 voltage circuits
(ii) The load-side power conductors in explosion-proof enclosures.
are grounded when the device is in the (l) The maximum pressure rise within
open position; an explosion-proof enclosure con-
(iii) The device can be locked in the taining high-voltage switchgear must
open position; be limited to 0.83 times the design pres-
(iv) When located in an explosion- sure.
proof enclosure, the device must be de- (m) High-voltage electrical compo-
signed and installed to cause the cur- nents located in high-voltage explo-
rent to be interrupted automatically sion-proof enclosures must not be co-
prior to the opening of the contacts; planar with a single plane flame-ar-
and resting path.
(v) When located in a non-explosion- (n) Rigid insulation between high-
proof enclosure, the device must be de- voltage terminals (Phase-to-Phase or
signed and installed to cause the cur- Phase-to-Ground) must be designed
rent to be interrupted automatically with creepage distances in accordance
prior to the opening of the contacts, or with the following table:
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Mine Safety and Health Admin., Labor 18.53
...........................................................
14 2.8 4.3 5.8 4 NA 4 NA 4 NA
...........................................................
38 1.8 2.3 3.9 8.6 12.8 18.1
12 ........................................................... * 1.2 2.0 2.7 6.5 9.8 13.0
58 ........................................................... * 0.9 1.5 2.1 5.1 7.7 10.4
34 ........................................................... * 0.6 * 1.1 1.6 4.1 6.3 8.6
1 ............................................................ (*) * 0.6 * 1.0 2.9 4.5 6.2
NOTE: * The minimum electrical clearances must still be maintained.
1 Column A specifies the MFD for enclosures that have available 3-phase bolted short-circuit currents of 10,000 amperes rms
or less.
2 Column B specifies the MFD for enclosures that have a maximum available 3-phase bolted short-circuit currents greater than
10,000 and less than or equal to 15,000 amperes rms.
3 Column C specifies the MFD for enclosures that have a maximum available 3-phase bolted short-circuit currents greater than
15,000 and less than or equal to 20,000 amperes rms.
4 Not ApplicableMSHA doesnt allow aluminum wall or covers to be 14 inch or less in thickness (Section 18.31).
(1) For values not included in the the table is based may be used to deter-
table, the following formulas on which mine the minimum free distance.
(i) Steel Wall/Cover:
Where C is 1.4 for 2,400 volt systems or 3.0 for (2) The minimum free distance must
4,160 volt systems, Isc is the 3-phase short cir- be increased by 1.5 inches for 4,160 volt
cuit current in amperes of the system, t is systems and 0.7 inches for 2,400 volt
the clearing time in seconds of the outby cir-
systems when the adjacent wall area is
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ER23NO04.000</GPH>
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18.54 30 CFR Ch. I (7114 Edition)
an aluminum wall or cover, the thick- voltage circuits without being exposed
ness of the steel shield is used to deter- to energized high-voltage circuits. Bar-
mine the minimum free distances. riers or partitions must be constructed
(p) The following static pressure test of grounded metal or nonconductive in-
must be performed on each prototype sulating board.
design of explosion-proof enclosures (b) Interlock switches. Each removable
containing high-voltage switchgear cover, barrier, or partition of a com-
prior to the explosion tests. The static partment in the motor-starter enclo-
pressure test must also be performed sure providing direct access to high-
on every explosion-proof enclosure con- voltage components must be equipped
taining high-voltage switchgear, at the
with at least two interlock switches ar-
time of manufacture, unless the manu-
ranged to automatically de-energize
facturer uses an MSHA accepted qual-
the high-voltage components within
ity assurance procedure covering in-
that compartment when the cover, bar-
spection of the enclosure. Procedures
rier, or partition is removed.
must include a detailed check of parts
against the drawings to determine that (c) Circuit-interrupting devices. Cir-
the parts and the drawings coincide cuit-interrupting devices must be de-
and that the minimum requirements signed and installed to prevent auto-
stated in part 18 have been followed matic re-closure.
with respect to materials, dimensions, (d) Transformers supplying control
configuration and workmanship. voltages. (1) Transformers supplying
(1) Test procedure. (i) The enclosure control voltages must not exceed 120
must be internally pressurized to at volts line to line.
least the design pressure, maintaining (2) Transformers with high-voltage
the pressure for a minimum of 10 sec- primary windings that supply control
onds. voltages must incorporate a grounded
(ii) Following the pressure hold, the electrostatic (Faraday) shield between
pressure must be removed and the pres- the primary and secondary windings.
surizing agent removed from the enclo- Grounding of the shield must be as fol-
sure. lows:
(2) Acceptable performance. (i) The en- (i) Transformers with an external
closure during pressurization must not grounding terminal must have the
exhibit shield grounded by a minimum of No.
(A) Leakage through welds or cast- 12 A.W.G. grounding conductor extend-
ing; or ing from the grounding terminal to the
(B) Rupture of any part that affects equipment ground.
the explosion-proof integrity of the en-
(ii) Transformers with no external
closure.
grounding terminal must have the
(ii) The enclosure following removal
shield grounded internally through the
of the pressurizing agents must not ex-
transformer frame to the equipment
hibit
(A) Visible cracks in welds; ground.
(B) Permanent deformation exceed- (e) Onboard ungrounded, three-phase
ing 0.040 inches per linear foot; or power circuit. A continuous mining ma-
(C) Excessive clearances along flame- chine designed with an onboard
arresting paths following retightening ungrounded, three-phase power circuit
of fastenings, as necessary. must:
(1) Be equipped with a light that will
[67 FR 10999, Mar. 11, 2002; 69 FR 68078, Nov.
23, 2004; 69 FR 70752, Dec. 7, 2004] indicate a grounded-phase condition;
(2) Have the indicator light installed
18.54 High-voltage continuous min- so that it can be observed by the oper-
ing machines. ator from any location where the con-
(a) Separation of high-voltage compo- tinuous mining machine is normally
nents from lower voltage components. In operated; and
each motor-starter enclosure, barriers, (3) Have a test circuit for the ground-
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partitions, and covers must be provided ed-phase indicator light circuit to as-
and arranged so that personnel can test sure that the circuit is operating prop-
and troubleshoot low- and medium- erly. The test circuit must be designed
124
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Mine Safety and Health Admin., Labor 18.54
so that, when activated, it does not re- and the tensile strength must be more
quire removal of any electrical enclo- than 2,400 pounds per square inch.
sure cover or create a double-phase-to- (ii) Single jacket. A single-jacketed
ground fault. cable consisting of one protective
(f) High-voltage trailing cable(s). High- layer. The tear strength must be more
voltage trailing cable(s) must conform than 100 pounds per inch thickness, and
to the ampacity and outer dimensions the tensile strength must be more than
specified in Table 10 of Appendix I to 4,000 pounds per square inch. The cable
Subpart D of this part. In addition, the jacket must not be black in color.
cable must be constructed with: (g) Safeguards against corona. Safe-
(1) 100 percent semi-conductive tape guards against corona must be pro-
shielding over each insulated power vided on all 4,160-voltage circuits in ex-
conductor;
plosion-proof enclosures.
(2) A grounded metallic braid shield-
ing over each insulated power con- (h) Explosion-proof enclosure design.
ductor; The maximum pressure rise within an
(3) A ground-check conductor not explosion-proof enclosure containing
smaller than a No. 10 A.W.G.; or if a high-voltage switchgear must be lim-
center ground-check conductor is used, ited to 0.83 times the design pressure.
not smaller than a No. 16 A.W.G. (i) Location of high-voltage electrical
stranded conductor; and components near flame paths. High-volt-
(4) Either a double-jacketed or sin- age electrical components located in
gle-jacketed cable as follows: high-voltage explosion-proof enclosures
(i) Double jacket. A double-jacketed must not be coplanar with a single
cable consisting of reinforced outer and plane flame-arresting path.
inner protective layers. The inner layer (j) Minimum creepage distances. Rigid
must be a distinctive color from the insulation between high-voltage termi-
outer layer. The color black must not nals (Phase-to-Phase or Phase-to-
be used for either protective layer. The Ground) must be designed with creep-
tear strength for each layer must be age distances in accordance with the
more than 40 pounds per inch thickness following table:
Minimum creepage distances (inches) for comparative tracking index (CTI)
Points of range 1
Phase-to-phase voltage measure
CTI 500 380 CTI <500 175 CTI <380 CTI <175
...........................................................
14 2.8 4.3 5.8 4 NA 4 NA 4 NA
...........................................................
38 1.8 2.3 3.9 8.6 12.8 18.1
12 ........................................................... * 1.2 2.0 2.7 6.5 9.8 13.0
58 ........................................................... * 0.9 1.5 2.1 5.1 7.7 10.4
34 ........................................................... * 0.6 * 1.1 1.6 4.1 6.3 8.6
1 ............................................................ * * 0.6 * 1.0 2.9 4.5 6.2
* Note: The minimum electrical clearances must still be maintained in accordance with the minimum clearance table of 18.24.
1 Column A specifies the MFD for enclosures that have available three-phase, bolted, short-circuit currents of 10,000 amperes
root-mean-square (rms) value or less.
2 Column B specifies the MFD for enclosures that have maximum available three-phase, bolted, short-circuit currents greater
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18.54 30 CFR Ch. I (7114 Edition)
(1) For values not included in the the table is based, may be used to de-
table, the following formulas, on which termine the minimum free distance.
(i) Steel Wall/Cover:
Where C is 1.4 for 2,400 volt systems (1) Leakage through welds or casting;
or 3.0 for 4,160 volt systems; Isc is the or
three-phase, short-circuit current in (2) Rupture of any part that affects
amperes of the system; t is the clear- the explosion-proof integrity of the en-
ing time in seconds of the outby cir- closure.
cuit-interrupting device; and d is the (B) Following removal of the pressur-
thickness in inches of the metal wall/ izing agents, the enclosure must not
cover adjacent to an area of potential exhibit:
arcing. (1) Cracks in welds visible to the
(2) The minimum free distance must naked eye;
be increased by 1.5 inches for 4,160 volt (2) Permanent deformation exceeding
systems and 0.7 inches for 2,400 volt 0.040 inches per linear foot; or
systems when the adjacent wall area is (3) Excessive clearances along flame-
the top of the enclosure. If a steel arresting paths following retightening
shield is mounted in conjunction with of fastenings, as necessary.
an aluminum wall or cover, the thick- (2) Enclosures for production. Every
ness of the steel shield is used to deter- explosion-proof enclosure containing
mine the minimum free distances. high-voltage switchgear manufactured
(l) Static pressure testing of explosion- after the prototype was tested must
proof enclosures containing high-voltage undergo one of the following tests or
switchgear. procedures:
(1) Prototype enclosures. The following (i) The static pressure test specified
static pressure test must be performed in paragraph (l)(1)(i) of this section; or
on each prototype design of an explo- (ii) An MSHA-accepted quality assur-
sion-proof enclosure containing high- ance procedure covering inspection of
voltage switchgear prior to the explo- the enclosure.
sion tests. (A) The quality assurance procedure
(i) Test procedure. must include a detailed check of parts
(A) The enclosure must be internally against the drawings to determine
pressurized to at least the design pres- that
sure, maintaining the pressure for a (1) The parts and the drawings coin-
minimum of 10 seconds. cide; and
(B) Following the pressure hold, the
(2) The requirements stated in part 18
pressure must be removed and the pres-
have been followed with respect to ma-
surizing agent removed from the enclo-
terials, dimensions, configuration and
sure.
workmanship.
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ER06AP10.001</MATH>
126
ER06AP10.000</MATH>
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Mine Safety and Health Admin., Labor 18.62
quacy of mechanical protection for ca- duction of pressure to 125 pounds per
bles, adequacy of clamping of cables, square inch (gage) or less, or (2) the en-
positioning of cables, particularly with closure withstands a dynamic pressure
127
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18.63 30 CFR Ch. I (7114 Edition)
of twice the highest value recorded in (3) The burner flame shall be applied
the initial test. to the free end of the specimen for 1
minute in still air.
[33 FR 4660, Mar. 19, 1968, as amended at 57
FR 61210, Dec. 23, 1992] (4) At the end of 1 minute the burner
flame shall be removed, the ventilating
18.63 [Reserved] fan turned on to give an air current
having a velocity of 300 feet per
18.65 Flame test of hose. minute, and the duration of flame
measured.
(a) Size of test specimen. (1) [Reserved]
(5) After the test specimen ceases to
(2) Hosefour specimens each 6
flame, it shall remain in the air cur-
inches long by 12-inch wide by thick- rent for at least 3 minutes to deter-
ness of the hose. mine the presence and duration of
(b) Flame-test apparatus. The prin- afterglow. If a glowing specimen exhib-
cipal parts of the apparatus within and/ its flame within 3 minutes the duration
or appended to a 21-inch cubical test of flame shall be added to the duration
gallery are: of flame obtained according to para-
(1) A support stand with a ring clamp graph (d) (4) of this section.
and wire gauze. (e) Test requirements. The tests of the
(2) A Pittsburgh-Universal Bunsen- four specimens cut from any sample
type burner (inside diameter of burner shall not result in either duration of
tube 11 mm.), or equivalent, mounted flame exceeding an average of 1 minute
in a burner placement guide in such a after removal of the applied flame or
manner that the burner may be placed afterglow exceeding an average of 3
beneath the test specimen, or pulled minutes duration.
away from it by an external knob on (f) Acceptance markings. (1) [Reserved]
the front panel of the test gallery. (2) Hosehose conduit accepted by
(3) A variable-speed electric fan and MSHA as flame-resistant shall be
an ASME flow nozzle (16812 inches re- marked as follows: Impressed letters,
duction) to attain constant air veloci- raised letters on depressed background,
ties at any speed between 50500 feet a or printed letters with the words
minute. Flame-Resistant, USMSHA No. ll
(4) An electric timer or stopwatch to at intervals not exceeding 3 feet. This
measure the duration of the tests. number will be assigned to the manu-
(5) A mirror mounted inside the test facturer after the sample has passed
gallery to permit a rear view of the the tests. The letters and numbers
test specimen through the viewing shall be at least 14-inch high.
door. [33 FR 4660, Mar. 19, 1968, as amended at 43
(c) Mounting of test specimen. The FR 12314, Mar. 24, 1978; 73 FR 80612, Dec. 31,
specimen shall be clamped in a support 2008]
with its free end centered 1 inch above
the burner top. The longitudinal axis 18.66 Tests of windows and lenses.
shall be horizontal and the transverse (a) Impact tests. A 4-pound cylindrical
axis inclined at 45 to the horizontal. weight with a 1-inch-diameter hemi-
Under the test specimen shall be spherical striking surface shall be
clamped a piece of 20-mesh iron-wire dropped (free fall) to strike the window
gauze, 5 inches square, in a horizontal or lens in its mounting, or the equiva-
position 14inch below the pulley cover lent thereof, at or near the center.
edge of the specimen and with about Three of four samples shall withstand
12inch of the specimen extending be-
without breakage the impact according
yond the edge of the gauze. to the following table:
(d) Procedure for flame tests. (1) The
Bunsen burner, retracted from the test Height of
Lens diameter, (D), inches fall, inches
position, shall be adjusted to give a
blue flame 3 inches in height with nat- D<4 ...................................................................... 6
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Mine Safety and Health Admin., Labor 18.68
(3) Those components which affect in- and the effect of capacitance and in-
trinsic safety must meet the following ductance, added to that normally
requirements: present in the circuit.
129
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18.69 30 CFR Ch. I (7114 Edition)
appropriate test(s) to verify the ade- to each machine that is built in strict
quacy of equipment for its intended accordance with the drawings and spec-
service. ifications filed with MSHA and listed
130
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Mine Safety and Health Admin., Labor 18.82
or tunnel will be considered only when trial basis. Such inspection shall be
submitted by the user of the equip- completed before a permit will be
ment. The user shall submit a written issued.
131
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Pt. 18, Subpt. D, App. I 30 CFR Ch. I (7114 Edition)
(d) Issuance of permit. When the in- (f) Permit label. With the notification
spection discloses full compliance with granting a permit, the applicant will
the applicable requirements of this receive a photographic copy of a per-
subpart, the Assistant Secretary will mit label bearing the following:
issue a permit sanctioning the oper- (1) Emblem of the Mine Safety and
ation of a single unit in a gassy mine Health Administration.
or tunnel, as designated in the applica- (2) Permit number.
tion. If the applicant is not the assem- (3) Expiration date of the permit.
bler of the equipment, a copy of the (4) Name of machine.
permit also may be sent to the assem- (5) Name of the user and mine or tun-
bler. nel.
(e) Duration of permit. A permit will The applicant shall attach the photo-
be effective for a period of 6 months. graphic copy of the permit label, or
For a valid reason, to be stated in a replica thereof, to the experimental
written application, the Administrator equipment. If a photograph is used, a
of MSHA may grant an extension of a clear plastic covering shall be provided
permit for an additional period, not ex- for it.
ceeding 6 months. Further extension (g) Withdrawal of permit. The Assist-
will be granted only where, after inves- ant Secretary may rescind, for cause,
tigation, the Assistant Secretary finds any permit granted under this subpart.
that for reasons beyond the control of [33 FR 4660, Mar. 19, 1968, as amended at 43
the user, it has not been possible to FR 12314, Mar. 24, 1978; 52 FR 17514, May 8,
complete the experiment within the pe- 1987; 60 FR 35693, July 11, 1995; 67 FR 38384,
riod covered by the extended permit. June 4, 2002; 73 FR 52211, Sept. 9, 2008]
Table Title
No.
TABLE 1PORTABLE POWER CABLE AMPACITIES600 VOLTS (AMPERES PER CONDUCTOR BASED
ON 60 C. COPPER TEMPERATURE40 C. AMBIENT)
8 ............................................................ 45 40 35 30 25 20
6 ............................................................ 60 50 50 40 35 30
4 ............................................................ 85 70 65 55 45 35
3 ............................................................ 95 80 75 65 55 45
2 ............................................................ 110 95 90 75 65 55
1 ............................................................ 130 110 100 85 75 65
1/0 ......................................................... 150 130 120 100 90 80
2/0 ......................................................... 175 150 135 115 105 95
3/0 ......................................................... 205 175 155 130 120 110
4/0 ......................................................... 235 200 180 150 140 130
250 ........................................................ 275 220 200 160 .................... ....................
300 ........................................................ 305 240 220 175 .................... ....................
350 ........................................................ 345 240 235 190 .................... ....................
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Mine Safety and Health Admin., Labor Pt. 18, Subpt. D, App. I
14 ............................................................................. 15 12 8
12 ............................................................................. 20 16 11
10 ............................................................................. 25 20 14
TABLE 3PORTABLE POWER CABLE AMPACITIES601 TO 5,000 VOLTS (AMPERES PER CONDUCTOR
BASED ON 75 C. COPPER TEMPERATURE40 C. AMBIENT)
Conductor sizeAWG or MCM 3-conductor types G-GC and SIIC-GC 3-conductor type SHD-GC 2,0015,000
2,000 volts volts
6 ......................................................... 65 65
4 ......................................................... 85 85
3 ......................................................... 100 100
2 ......................................................... 115 115
1 ......................................................... 130 130
1/0 ...................................................... 145 145
2/0 ...................................................... 170 170
3/0 ...................................................... 195 195
4/0 ...................................................... 220 220
250 ..................................................... 245 245
300 ..................................................... 275 275
350 ..................................................... 305 305
8 ........... 0.44 0.81 0.84 0.94 0.91 0.93 1.03 0.99 1.07 1.18 0.03
6 ........... .51 .93 .93 .98 1.01 1.03 1.18 1.10 1.21 1.31 .03
4 ........... .57 1.08 1.08 1.10 1.17 1.20 1.29 1.27 1.40 1.52 .03
3 ........... .63 1.17 1.17 1.20 1.24 1.27 1.31 1.34 1.48 1.61 .03
2 ........... .66 1.27 1.27 1.29 1.34 1.34 1.39 1.48 1.61 1.75 .03
1 ........... .74 1.44 1.44 1.44 1.51 1.52 1.52 1.68 1.88 2.05 .03
1/0 ........ .77 1.52 1.52 1.52 1.65 1.68 1.68 1.79 1.96 2.13 .04
2/0 ........ .82 1.65 1.65 1.65 1.75 1.79 1.79 1.93 2.13 2.32 .04
3/0 ........ .87 1.77 1.77 1.77 1.89 1.93 1.93 2.07 2.26 2.49 .05
4/0 ........ .93 1.92 1.92 1.92 2.04 2.13 2.13 2.26 2.46 2.71 .05
250 ....... 1.03 2.16 2.16 2.16 2.39 2.39 2.39 2.66 .................... ............ .06
300 ....... 1.09 2.32 ............ ............ 2.56 ............ ............ 2.84 .................... ............ .06
350 ....... 1.15 2.43 ............ ............ 2.68 ............ ............ 2.98 .................... ............ .06
400 ....... 1.20 2.57 ............ ............ 2.82 ............ ............ 3.14 .................... ............ .06
450 ....... 1.26 2.67 ............ ............ 2.94 ............ ............ 3.26 .................... ............ .06
500 ....... 1.31 2.76 ............ ............ 3.03 ............ ............ 3.40 .................... ............ .06
133
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Pt. 18, Subpt. D, App. I 30 CFR Ch. I (7114 Edition)
3/0 ......... 1.77 .04 1.03 .03 2.00 .04 1.03 .03
4/0 ......... 1.89 .04 1.10 .03 2.10 .04 1.10 .03
14 .......... 0.64 0.02 0.67 0.02 0.71 0.02 0.78 0.03 0.83 0.03 0.89 0.03
12 .......... .68 .02 .72 .03 .76 .03 .83 .03 .89 .03 .98 .03
10 .......... .73 .03 .80 .03 .84 .03 .90 .03 1.00 .03 1.07 .03
14 ......................................... 2.62 20 50
12 ......................................... 1.65 30 75
10 ......................................... 1.04 40 150
8 ........................................... .654 80 200
6 ........................................... .410 100 300
4 ........................................... .259 200 500
3 ........................................... .205 250 600
2 ........................................... .162 300 800
1 ........................................... .129 375 1,000
1/0 ........................................ .102 500 1,250
2/0 ........................................ .081 .................................................. 1,500
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Mine Safety and Health Admin., Labor Pt. 18, Subpt. D, App. II
[33 FR 4660, Mar. 19, 1968; 33 FR 6345, Apr. 26, 1968, as amended at 42 FR 8373, Feb. 10, 1977]
Figure Title
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No.
135
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Pt. 18, Subpt. D, App. II 30 CFR Ch. I (7114 Edition)
LIST OF FIGURES
Figure Title
No.
3 Material to be included with the operating instructions on or with the wiring diagram submitted to each customer.
4 Sample factory inspection form.
5 Typical plane joint.
6 Typical combination joint.
7 Typical threaded joint.
8 Typical threaded straight stuffing box and packing gland lead entrance with provision for hose conduit.
9 Typical slip-fit straight-type and angle-type stuffing box and packing gland lead entrance.
10 Typical slip-fit angle-type stuffing box and packing gland lead entrance and typical plug for spare lead entrance hole.
(Manufacturing Company)
Model: lllllllllllllllllllllllllllllllllllllllllllll
(Unit Name)
Approval 2G llllllllllllllllllllllllllllllllllllllllll
Motor: lllllllllllllllllllllllllllllllllllllllllllll
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(Manufacturing Company)
Frame lllllllllllllllllllllllllllllllllllllllllllll
lll Hp., lll Volts, lll Ph.,
136
EC22OC91.024</GPH>
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Mine Safety and Health Admin., Labor Pt. 18, Subpt. D, App. II
lll Cy., lll R.P.M.
X/Pllllllllll(Date).
llllll(Date) Extension.
Starter: lllllllllllllllllllllllllllllllllllllllllllll
(Manufacturing Company)
Model llllllllllllllllllllllllllllllllllllllllllllll
llllHp., llllVolts.
X/P
(Date)
llllll Extension.
(Date)
CableMotor to Starter:
Cond. No. lll, lll
O.D., lll Long
HoseMotor to Starter Cable:
lll I.D., lll O.D., lll Long
Portable (Trailing) Cable
Type: llllllllllllllllllllllllllllllllllllllllllllll
Cond. No. lll, lll
O.D., lll Long
Hosefor Portable Cable:
lll I.D., lll O.D., lll Long
Hose Clamps
2 for Motor-Starter Hose conduit lll D
1 for Portable Cable Hose conduit ll D*
*Only when short length of hose is used. Trolley Tap
(Manufacturing Company)
Model llllllllllllll with lll-ampere fuse.
Rail Clamps, 2.
1 Ground Clamp, Cat. No. lll
(Manufacturing Company)
1 Return Power Conductor, Cat. No. lll
(Manufacturing Company)
oras Optional
Plug on outby end of potable cable for insertion into receptacle on distribution box or equiva-
lent with short-circuit protective device set at lll amperes.
Static-free Belt
Model
Style
Catalog No. lll,
(Manufacturing Company)
Guard for Belt
Material llllllllllllllllllllllllllllllllllllllllllll
Overall Dimensions lll Long lll
Wide lll High
NOTE: The foregoing is intended as a guide. Additional electrical components used shall be
completely identified.
CAUTION
be connected to the proper terminal. The machine frame shall be effectively grounded. The
power wires shall not be used for grounding except in conjunction with diode(s) or equivalent.
The operating voltage should match the voltage rating of the motor(s).
137
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Pt. 18, Subpt. D, App. II 30 CFR Ch. I (7114 Edition)
2. Servicing. Explosion-proof enclosures shall be restored to the state of original safety with
respect to all flame arresting paths, lead entrances, etc., following disassembly for repair or
rebuilding, whether by the owner or an independent shop.
3. Fastenings. All bolts, nuts, screws, and other means of fastening, and also threaded cov-
ers, shall be in place, properly tightened and secured.
4. Renewals and repairs. Inspections, repairs, or renewals of electrical parts shall not be
made unless the portable cable is disconnected from the circuit furnishing power, and the
cable shall not be connected again until all parts are properly reassembled. Special care shall
be taken in making renewals or repairs. Leave no parts off. Use replacement parts exactly
like those furnished by the manufacturer. When any lead entrance is disturbed, the original
leads or exact duplicates thereof shall be used and stuffing boxes shall be repacked in the ap-
proved manner.
5. Cable requirements. A flame-resistant portable cable bearing a MSHA assigned identifica-
tion number, adequately protected by an automatic circuit-interrupting device shall be used.
Special care shall be taken in handling the cable to guard against mechanical injury and
wear. Splices in portable cables shall be made in a workmanlike manner, mechanically
strong, and well insulated. Not more than five temporary splices are permitted in a portable
cable regardless of length. Connections and wiring to the outby end of the cable shall be in
accordance with recognized standards of safety.
Designation: llllllllllllllllllllllllllllllllllllllllll
Type: llllll Serial No. llllllllllllllllllllllllllllllllll
MOTOR
Manufacturer: lllllllllllllllllllllllllllllllllllllllll
Serial No.: lll Type: lllllllllllllllllllllllllllllllllllll
Frame: lllllllllllllllllllllllllllllllllllllllllllll
Hp.ll F.L. Speed:ll Volts:ll Amps.l
Winding: lll X/P No. lll (or parts list designation).
STARTER
Manufacturer: lllllllllllllllllllllllllllllllllllllllll
Serial No. lll Type: lllllllllllllllllllllllllllllllllllll
Hp. lll Volts: lll X/P No. lll (or parts list designation).
Short-circuit protection lll amps.
Overload-current protection lll amps.
PORTABLE CABLE
Manufacturer: lllllllllllllllll
Type: llllll Conductors: lllllll
Length: lll O.D. lll MSHA No. llll
Is all wiring around machine adequately protected from mechanical damage?
By hose conduitlllll, Troughs llllllllllllllllllllllllllllll
Metal tubing lllll, Other lllllllllllllllllllllllllllllllll
By removal of all sharp corners or edges? lllllllllllllllllllllllllll
Is wiring separated from hydraulic components? lllllllllllllllllllllll
Is an adequate insulated strain clamp provided for the portable cable? llllllllllll
Are all packing glands properly packed so that 8-inch clearance remains between packing
1
138
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Mine Safety and Health Admin., Labor 18.90
EC22OC91.019</GPH>
EC22OC91.018</GPH>
[33 FR 4660, Mar. 19, 1968, as amended at 42
FR 8373, Feb. 10, 1977; 42 FR 25855, May 20, EC22OC91.017</GPH>
1977]
18.90 Purpose.
The regulations of this subpart E set
forth the procedures and requirements
139
EC22OC91.014</GPH>
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18.91 30 CFR Ch. I (7114 Edition)
(2) Except as provided in paragraph 18.94 that the applicant is not quali-
(b) of this section, each application fied to receive an approval or that the
shall be accompanied by appropriate machine does not appear to be suitable
140
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Mine Safety and Health Admin., Labor 18.96
and safe for its intended use, the Coal of the components from which it was
Mine Health and Safety District Man- assembled.
ager shall so advise the applicant in (3) All applications shall include
writing, setting forth the reasons for specifications for:
his denial of the application, and where (i) Overcurrent protection of motors;
applicable, the deficiencies in the ma- (ii) All wiring between components,
chine which rendered it unsuitable or including mechanical protection such
unsafe for use. as hose conduit and clamps;
(3) Rejected applications, together
(iii) Portable trailing cable for use
with attached photographs, drawings,
specifications and descriptions shall be with the machine, including the type,
forwarded by the Coal Mine Health and length, diameter, and number and size
Safety District Manager to Approval of conductors;
and Certification Center which shall (iv) Insulated strain clamp for ma-
record all pertinent data with respect chine end of portable trailing cable;
to the machine for which field approval (v) Short-circuit protection to be pro-
was sought. vided at outby end of portable trailing
cable.
[33 FR 4660, Mar. 19, 1968, as amended at 43
FR 12314, Mar. 24, 1978] [33 FR 4660, Mar. 19, 1968, as amended at 57
FR 61223, Dec. 23, 1992]
18.94 Application for field approval;
contents of application. 18.95 Approval of machines con-
(a) Each application for field ap- structed of components approved,
proval shall, except as provided in accepted or certified under Bureau
18.93(b), include the following infor- of Mines Schedule 2D, 2E, 2F, or 2G.
mation with respect to the electrically Machines for which field approval is
operated machine for which field ap- sought which are constructed entirely
proval is sought: from properly identified components
(1) The trade name and the certifi- that have been investigated and ac-
cation number or other means of iden- cepted or certified for applications on
tifying any explosion-proof compart- approved machines under the Bureau of
ment or intrinsically-safe component Mines Schedule 2D, 2E, 2F, or 2G, shall
installed on the machine for which a be approved following a determination
prior approval or certification has been by the electrical representative that
issued under the provisions of Bureau the construction of the entire machine
of Mines Schedules 2D, 2E, 2F, or 2G. is permissible and conforms to the data
(2) The trade name and the flame-re- submitted in accordance with 18.94.
sistance acceptance or approval num-
ber of any cable, cord, hose, or con- 18.96 Preparation of machines for in-
veyor belt installed on the machine for spection; requirements.
which prior acceptance or approval by
(a) Upon receipt of written notice
MSHA has been issued.
from the Health and Safety District
(b) Each application for field ap-
Manager of the time and place at which
proval shall be accompanied by:
(1) If the machine is constructed or a field approval investigation will be
assembled entirely from components conducted with respect to any ma-
which have been certified or removed chine, the applicant will prepare the
from machines approved under Bureau machine for inspection in the following
of Mines Schedule 2D, 2E, 2F, or 2G, manner:
photographs or a single layout drawing (1) The machine shall be in fresh air
which clearly depicts and identifies out by the last open crosscut and free
each of the permissible components from obstructions, or, if the machine is
and its location on the machine. located on the surface, moved to a
(2) If the machine contains one or clear area;
more components required to be per- (2) All enclosure covers shall be re-
missible which has not been approved moved;
rmajette on DSK2TPTVN1PROD with CFR
or certified under Bureau of Mines (3) The flanges and interior of each
Schedule 2D, 2E, 2F, or 2G, a single lay- enclosure, including the cover, shall be
out drawing which clearly identifies all cleaned thoroughly;
141
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18.97 30 CFR Ch. I (7114 Edition)
(4) All hoses, cables, cord, and con- 18.98 Enclosures, joints, and fas-
veyor belts shall be wiped clean to ex- tenings; pressure testing.
pose surface markings; (a) Cast or welded enclosures shall be
(5) All electrical components shall be designed to withstand a minimum in-
cleaned to reveal all stampings, identi- ternal pressure of 150 pounds per square
fication plates, certification numbers, inch (gage). Castings shall be free from
or explosion test markings. blowholes.
(b) Pneumatic field testing of explo-
18.97 Inspection of machines; min- sion-proof enclosures shall be con-
imum requirements.
ducted by determining:
(a) Except as provided in 18.95, all (1) Leak performance with a peak dy-
machines approved under the provi- namic or static pressure of 150 pounds
sions of this subpart E shall, where per square inch (gage); or
practicable, meet the minimum design (2) A pressure rise and rate of decay
and performance requirements set consistent with unyielding components
forth in subpart B of this part 18 and, during a pressure-time history as de-
where necessary, the requirements of rived from a series of oscillograms.
18.98. (c) Welded joints forming an enclo-
(b) The inspection of each machine sure shall have continuous gastight
shall be conducted by an electrical rep- welds.
resentative and such inspection shall
include: 18.99 Notice of approval or dis-
(1) Examination of all electrical com- approval; letters of approval and
ponents for materials, workmanship, approval plates.
design, and construction; Upon completion of each inspection
(2) Examination of all components of conducted in accordance with 18.97(b),
the machine which have been approved the electrical representative con-
or certified under Bureau of Mines ducting such inspection shall record
Schedule 2D, 2E, 2F, or 2G to determine his findings with respect to the ma-
whether such components have been chine examined on MSHA Form No. 6
maintained in permissible conditions; 1481 together with his recommendation
(3) Comparison of the location of of approval or disapproval of the ma-
components on the machine with the chine.
drawings or photographs submitted to (a) If the qualified electrical rep-
determine that each of them is prop- resentative recommends field approval
erly located, identified and marked; of the machine, the Coal Mine Health
(4) Pressure testing of explosion- and Safety District Manager shall for-
proof compartments, when necessary, ward the completed application form
shall be conducted in accordance with together with all attached photo-
18.98; and: graphs, drawings, specifications, and
(i) Where the results of pressure test- descriptions to Approval and Certifi-
ing are acceptable, the applicant shall cation Center. Approval and Certifi-
be advised; cation Center shall record all pertinent
data with respect to such machine,
(ii) Where the explosion-proof enclo-
issue a letter of approval with a copy
sure is found unacceptable, the appli-
to the Coal Mine Health and Safety
cant shall be so informed;
District Manager who authorized its
(iii) If the performance of the explo- issuance and send the field approval
sion-proof enclosure is questionable, plate to the applicant. The approval
the qualified electrical representative plate shall be affixed to the machine by
may, at the request of the applicant, the applicant in such a manner so as
conduct a further detailed examination not to impair its explosion-proof char-
of the enclosure after disassembly and acteristics.
record his additional findings on MSHA
(b) If the electrical representative
Form No. 61481 under Results of Field recommends disapproval of the ma-
Inspections.
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Mine Safety and Health Admin., Labor 19.3
shall forward the completed applica- missible electric cap lamps. MSHA will
tion form and other data to Approval test only electrical equipment that in
and Certification Center which shall the opinion of its qualified representa-
record all pertinent data with respect tives is constructed of suitable mate-
to such machine and notify the appli- rials, is of good quality workmanship,
cant that the application for approval is based on sound engineering prin-
has been rejected and the reasons for ciples, and is safe for its intended use.
the rejection. MSHA reserves the right to modify de-
[33 FR 4660, Mar. 19, 1968, as amended at 42
sign, construction, and test require-
FR 8373, Feb. 10, 1977; 43 FR 12314, Mar. 24, ments to obtain the same degree of
1978] protection as provided by the tests de-
scribed in this part.
PART 19ELECTRIC CAP LAMPS (c) Definition of permissible. Com-
pletely assembled and conforming in
Sec. every respect with the design formally
19.1 Purpose. approved by the MSHA under this part.
19.2 [Reserved] (Approvals under this part are given
19.3 Application procedures and require- only to equipment for use in gassy and
ments. dusty mines.)
19.4 Conditions governing investigations. NOTE: Paragraph (b) of this section is
19.5 General requirements for approval. issued under the authority of Sec. 101 of the
19.6 Specific requirements for approval. Federal Mine Safety and Health Act of 1977,
19.7 Protection against explosion hazard. Pub. L. 91173 as amended by Pub. L. 95164,
19.8 Protection against bodily hazard. 91 Stat. 1291 (30 U.S.C. 811). All other para-
19.9 Performance. graphs in this section continue under the
19.10 Material required for MSHA records. original authority.
19.11 How approvals are granted.
19.12 Wording, purpose, and use of approval (Sec. 101, Federal Mine Safety and Health
plate. Act of 1977, 91 Stat. 1291 (30 U.S.C. 811))
19.13 Instructions for handling future
changes in lamp design. [Sched. 6D, 4 FR 4003, Sept. 21, 1939, as
amended by Supp. 1, 20 FR 2718, Apr. 23, 1955;
AUTHORITY: 30 U.S.C. 957, 961. 47 FR 11369, Mar. 16, 1982]
Secs. 19.1(b) and 19.7(a) also issued under 30
U.S.C. 811. 19.2 [Reserved]
SOURCE: Schedule 6D, 4 FR 4003, Sept. 21,
1939, unless otherwise noted. 19.3 Application procedures and re-
quirements.
19.1 Purpose. (a) Before MSHA will undertake the
(a) The purpose of investigations active investigation leading to ap-
made under this part is to promote the proval of any lamp, the applicant shall
development of electric cap lamps that make application by letter for an in-
may be used in mines, especially in vestigation leading to approval of the
mines that may contain dangerous con- lamp. This application shall be sent to:
centrations of methane. Lists of such U.S. Department of Labor, Mine Safety
lamps will be published from time to and Health Administration, Approval
time in order that State mine-inspec- and Certification Center, 765 Tech-
tion departments, compensation bu- nology Drive, Triadelphia, WV 26059,
reaus, mine operators, miners, and oth- together with the required drawings,
ers interested in safe equipment for one complete lamp, and instructions
mines may have information in regard for its operation. Fees calculated in ac-
to available permissible electric cap cordance with part 5 of this title shall
lamps. This part supersedes Schedule be submitted in accordance with 5.40.
6C issued under date of December 21, (b) Where the applicant for approval
1935, and goes into effect August 26, has used an independent laboratory
1939. under part 6 of this chapter to perform,
(b) Any electric cap lamp that meets in whole or in part, the necessary test-
the requirements set forth in this part ing and evaluation for approval under
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will be termed permissible by MSHA this part, the applicant must provide
and, if actively marketed, will be listed to MSHA as part of the approval appli-
as such in publications relating to per- cation:
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19.4 30 CFR Ch. I (7114 Edition)
(1) Written evidence of the labora- which leads to approval for permissi-
torys independence and current rec- bility except the necessary Govern-
ognition by a laboratory accrediting ment personnel, representatives of the
organization; applicant, and such other persons as
(2) Complete technical explanation of may be mutually agreed upon by the
how the product complies with each re- applicant and MSHA. Upon granting
quirement in the applicable MSHA approval for permissibility, MSHA will
product approval requirements; announce that such approval has been
(3) Identification of components or granted to the device and may there-
features of the product that are critical after conduct, from time to time in its
to the safety of the product; and discretion, public demonstrations of
(4) All documentation, including the tests conducted on the approved de-
drawings and specifications, as sub- vice. Those who attend any part of the
mitted to the independent laboratory investigation, or any public demonstra-
by the applicant and as required by tion, shall be present solely as observ-
this part. ers; the conduct of the investigation
(c) An applicant may request testing and of any public demonstration shall
and evaluation to non-MSHA product be controlled by MSHA. Results of
safety standards which have been de- chemical analyses of material and all
termined by MSHA to be equivalent, information contained in the drawings,
under 6.20 of this chapter, to MSHAs specifications, and instructions shall
product approval requirements under be deemed confidential and their dis-
this part. closure will be appropriately safe-
[68 FR 36419, June 17, 2003, as amended at 70 guarded by MSHA.
FR 46342, Aug. 9, 2005; 73 FR 52211, Sept. 9, (e) Permissibility tests will not be
2008] made unless the lamp has been com-
pletely developed and is in a form that
19.4 Conditions governing investiga- can be marketed.
tions. (f) The results of the tests shall be re-
(a) One complete lamp, with the as- garded as confidential by all present at
sembly and detail drawings that show the tests and shall not be made public
the construction of the lamp and the in any way prior to the formal ap-
materials of which it is made, should proval of the lamp by MSHA.
be submitted at the time the applica- (g) No verbal report of approval or
tion for test is made. This material disapproval will be made to the appli-
should be sent prepaid to the U.S. De- cant. After MSHA has considered the
partment of Labor, Mine Safety and results of the tests, a formal report of
Health Administration, Approval and the approval or disapproval will be
Certification Center, 765 Technology made to the applicant in writing by
Drive, Triadelphia, WV 26059. Approval and Certification Center. The
(b) When this lamp has been in- applicant shall not advertise the lamp
spected by MSHA, the applicant will be as being permissible or as having
notified as to the amount of material passed the tests prior to receipt of for-
that will be required for the tests. In mal notice of approval.
general, the material required will be [Sched. 6D, 4 FR 4003, Sept. 21, 1939, as
as follows: (1) Thirty complete lamps; amended by Supp. 1, 20 FR 2718, Apr. 23, 1955;
(2) 500 bulbs; (3) 50 feet of cord; (4) a 43 FR 12314, Mar. 24, 1978; 60 FR 35693, July
battery discharge rack for 20 batteries; 11, 1996; 73 FR 52211, Sept. 9, 2008]
and (5) a 50-bulb rack. Specifications
for items (4) and (5) will be furnished 19.5 General requirements for ap-
by MSHA. proval.
(c) The applicant will be notified of Electric cap lamps shall be complete
the date on which the tests will start units. They shall be durable in con-
and will be given an opportunity to struction, practical in operation, and
witness them. suitable for the conditions of under-
(d) Observers at formal investigations ground service. They shall offer no
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Mine Safety and Health Admin., Labor 19.7
battery electrolyte. They shall exhibit, greater than 25 times the average or
under laboratory test conditions, the mean candlepower of the beam. 3
various minimum performance require- (2) The minimum candlepower of the
ments specified in this part. beam based upon readings at the design
voltage of the bulb shall not be less
19.6 Specific requirements for ap- than 1.
proval.
(a) Design. In the determination of 19.7 Protection against explosion
the adequacy of the lamp, with respect hazard.
to design, the following points will be Unless properly designed, electric cap
considered: (1) The materials used; (2) lamps may present two sources of prob-
construction; (3) weight; (4) amount of able explosion hazards: Ignition of an
light; (5) distribution of light; and (6) explosive atmosphere by the heated
exclusion of dust from the headpiece. filament of the bulb in case the bulb
The suitability of the materials and glass is accidentally broken, and igni-
the construction shall be determined tion by sparks or flashes from the bat-
by preliminary inspection, by dropping tery. MSHA therefore requires the fol-
tests, 1 by durability tests of the cord lowing safeguards:
and cord armor, 2 and by the general
(a) Safety device or design. The head-
behavior of the lamp equipment during
piece shall have a safety device to pre-
the investigation. The amount and dis-
tribution of the light shall be judged vent the ignition of explosive mixtures
both by observation of the illumination of methane and air if the bulb glass
on a white screen and by photometric surrounding the filament is broken. Al-
measurements. ternatively, if the lamp is designed and
(b) Angle of light beam. MSHA rec- constructed to prevent the ignition of
ommends that the angle of the light explosive mixtures of methane and air
beam be at least 130 degrees hori- by protecting the bulb from breakage
zontally to insure that the contrast and preventing exposure of the hot fila-
edge of the beam is away from the ment, no safety device is required.
more sensitive sector of the wearers (b) Headpiece lock or seal. The head-
vision; however, to allow for manufac- piece shall be provided with a lock or
turing and assembly tolerances and the seal to prevent unauthorized removal
use of multiple filament bulbs, MSHA of the lens and tampering with the
will approve lamps giving a minimum safety device, the bulb, or the elec-
beam angle of 120 degrees. If the bulb trical contacts.
has more than one major filament, the (c) Locks on charging terminals. Lamps
one giving the smaller angle will be shall be equipped with a magnetic or
used in the determination. other equally effective lock at the bat-
(c) Light distribution, visual. Except- tery, the headpiece, or the cord assem-
ing special headpieces for inspection bly to prevent unauthorized access to
purposes, the area illuminated by the live charging terminals.
beam shall be free from sharp grada- (d) Protection of battery terminals. The
tions in light intensity and spectral battery covers of lamps that are re-
shadows. charged through the cord shall be so
(d) Light distribution, photometric. (1) constructed and assembled as to pre-
Excepting special headpieces for in- vent unauthorized access to the bat-
spection purposes, the maximum can- tery terminals.
dlepower of the light beam shall not be (e) Battery current restricted. The
amount of current flow between the
1 Batteries are dropped 3 feet, at least 20 conductors of the cord, if short-
times onto an oak floor. Headpieces are circuited just outside of the battery
dropped 6 feet, at least 20 times, onto con- casing or cord armor, shall be limited
crete. by the design of the battery or by a
2 Ten cords, assembled with the cord armor
used, are slatted at least 100,000 times 3 The minimum allowable angle of 120 de-
through an arc of 50 degrees at approxi- grees will be used in determining the mean
mately 90 slattings per minute. candlepower of the beam.
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19.8 30 CFR Ch. I (7114 Edition)
fuse to such a value 4 as will not and at least 92 percent of the bulbs
produce sparks that will ignite an ex- shall have a life of 150 hours. The life of
plosive mixture of methane and air. a bulb is the number of hours its main
(f) It shall not be possible to obtain a filament will burn in the cap lamp or
difference of potential between any two its equivalent.
accessible points of the cap lamp when The life of a bulb having main fila-
assembled for use. ments in parallel is considered ended
NOTE: Paragraph (a) of this section is when the first filament ceases to burn;
issued under the authority of Sec. 101 of the the life of a bulb having independent
Federal Mine Safety and Health Act of 1977,
main filament is considered ended
Pub. L. 91173 as amended by Pub. L. 95164,
91 Stat. 1291 (30 U.S.C. 811). All other para- when the last filament ceases to burn.
graphs in this section continue under the (c) Bulb uniformity. (1) The bulbs sub-
original authority. mitted shall meet the following min-
(Sec. 101, Federal Mine Safety and Health imum requirements for variation in
Act of 1977, 91 Stat. 1291 (30 U.S.C. 811)) current consumption and candlepower:
(2) The current consumption of at
[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as
amended at 47 FR 11369, Mar. 16, 1982] least 94 percent of the bulbs shall not
exceed the average current by more
19.8 Protection against bodily haz- than 6 percent. The candlepower (s. cp.)
ard. of at least 90 percent of the bulbs shall
This hazard is chiefly due to the pos- not fall short of the average candle-
sible burning of the wearer by electro- power by more than 30 percent.
lyte spilled from the battery. MSHA (d) Corrosion of contacts. Battery ter-
therefore requires that: minals and leads therefrom, as well as
(a) Spilling of electrolyte. The lamp the battery gas vents, shall be designed
shall be so designed and constructed to minimize corrosion of the electrical
that, when properly filled, the battery contacts.
will neither leak nor spill electrolyte [Sched. 6D, 4 FR 4003, Sept. 21, 1939, as
under actual service conditions. Lamps amended at 47 FR 11369, Mar. 16, 1982]
passing a laboratory spilling test will
be considered satisfactory in this re- 19.10 Material required for MSHA
spect, contingent upon satisfactory records.
performance in service.
In order that MSHA may know ex-
(b) Corrosion of battery container. The
actly what it has tested and approved,
material of which the container is
detailed records are kept covering each
made shall resist corrosion under con-
investigation. These include drawings
ditions of use.
and actual equipment, as follows:
19.9 Performance. (a) Drawings. The original drawings
submitted with the application for the
In addition to the general design and
tests and the final drawings, which the
the safety features, MSHA considers
manufacturer must submit to MSHA
that a lamp of permissible type should
before the approval is granted, to show
meet certain minimum requirements
the details of the lamp as approved.
with respect to performance, as fol-
These drawings are used to identify the
lows:
(a) Time of burning and candlepower. lamp in the approval and as a means of
Permissible electric cap lamps shall checking the future commercial prod-
burn for at least 10 consecutive hours uct of the manufacturer.
on one charge of the battery and shall (b) Actual equipment. (1) If MSHA so
give during that period a mean candle- desires, parts of the lamps which are
power of light beam of not less than 1. used in the tests will be retained as a
(b) Bulb life. The average life of the permanent record of the investigation
bulbs shall be not less than 200 hours, and of the lamps submitted.
(2) If the lamp is approved, MSHA
4 The following maximum short-circuit
will require the manufacturer, as soon
current values may be used as a guide in the as his first manufactured lamps are
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design of cap lamp batteries: 100 amperes for available, to submit one complete
a 4-volt battery; 75 amperes for a 6-volt bat- lamp, bearing the approval plate, as a
tery; 50 amperes for an 8-volt battery. record of his commercial product.
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Mine Safety and Health Admin., Labor 19.13
19.11 How approvals are granted. (d) Withdrawal of approval. MSHA re-
serves the right to rescind, for cause,
(a) All approvals are granted by offi-
at any time any approval granted
cial letter from MSHA. A lamp will be
under this part.
approved under this part only when the
testing engineers judge that the lamp [Sched. 6D, 4 FR 4003, Sept. 21, 1939, as
has met the requirements of the part amended at 43 FR 12314, Mar. 24, 1978]
and MSHAs records concerning the
19.13 Instructions for handling fu-
lamp are complete, including drawings ture changes in lamp design.
from the manufacturer that show the
lamp as it is to be commercially made. All approvals are granted with the
No verbal reports of MSHAs decisions, understanding that the manufacturer
concerning the investigation will be will make his lamp according to the
given, and no informal approvals will drawings which he has submitted to
be granted. MSHA and which have been considered
(b) As soon as the manufacturer has and included in the approval. There-
received the formal approval he shall fore, when he desires to make any
be free to advertise his lamps as per- change in the design of the lamp, he
missible. should first of all obtain MSHAs ap-
proval of the change. The procedure is
[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as as follows:
amended by Supp. 1, 20 FR 2718, Apr. 23, 1955] (a)(1) The manufacturer shall write
to the U.S. Department of Labor, Mine
19.12 Wording, purpose, and use of
approval plate. Safety and Health Administration, Ap-
proval and Certification Center, 765
(a) Approval plate. The manufacturer Technology Drive, Triadelphia, WV
shall attach, stamp, or mold an ap- 26059, requesting an extension of the
proval plate on the battery container original approval and stating the
of each permissible lamp. The plate change or changes desired. With this
shall bear the emblem of the Mine letter the manufacturer should submit
Safety and Health Administration and a revised drawing or drawings showing
be inscribed as follows: Permissible the changes in detail, and one of each
Electric Cap Lamp. Approval No. of the changed lamp parts.
llll issued to the llll Com- (2) Where the applicant for approval
pany. When deemed necessary, an ap- has used an independent laboratory
propriate caution statement shall be under part 6 of this chapter to perform,
added. The size and position of the ap- in whole or in part, the necessary test-
proval plate shall be satisfactory to ing and evaluation for approval of
MSHA. changes to an approved product under
(b) Purpose of approval plate. The ap- this part, the applicant must provide
proval plate is a label which identifies to MSHA as part of the approval appli-
the lamp so that anyone can tell at a cation:
glance whether or not the lamp is of (i) Written evidence of the labora-
the permissible type. By it, the manu- torys independence and current rec-
facturer can point out that his lamp ognition by a laboratory accrediting
complies with specifications of MSHA organization;
and that it has been judged as suitable (ii) Complete technical explanation
for use in gassy mines. of how the product complies with each
(c) Use of approval plate. Permission requirement in the applicable MSHA
to place MSHAs approval plate on his product approval requirements;
lamp obligates the manufacturer to (iii) Identification of components or
maintain the quality of his product and features of the product that are critical
to see that each lamp is constructed to the safety of the product; and
according to the drawings which have (iv) All documentation, including
been accepted by MSHA for this lamp drawings and specifications, as sub-
and which are in MSHAs files. Lamps mitted to the independent laboratory
exhibiting changes in design which by the applicant and as required by
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Pt. 20 30 CFR Ch. I (7114 Edition)
148
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Mine Safety and Health Admin., Labor 20.5
20.3 Application procedures and re- mitted at the time the application for
quirements. investigation is made. This material
(a) Before MSHA will undertake the should be sent prepaid to the U.S. De-
active investigation of any lamp, the partment of Labor, Mine Safety and
applicant shall make application by Health Administration, Approval and
letter for an investigation of the lamp. Certification Center, 765 Technology
This application shall be sent to: U.S. Drive, Triadelphia, WV 26059.
Department of Labor, Mine Safety and (b) When the lamp has been inspected
Health Administration, Approval and by MSHA, the applicant will be noti-
Certification Center, 765 Technology fied as to the amount of material that
Drive, Triadelphia, WV 26059, together will be required for the test. He will
with the required drawings, one com- also be notified of the date on which
plete lamp, and instructions for its op- the tests will start and will be given an
eration. Fees calculated in accordance opportunity to witness the tests.
with part 5 of this title shall be sub- (c) Observers at formal investigations
mitted in accordance with 5.40. and demonstrations. No one shall be
(b) Where the applicant for approval
present during any part of the formal
has used an independent laboratory
investigation conducted by MSHA
under part 6 of this chapter to perform,
which leads to approval for permissi-
in whole or in part, the necessary test-
bility except the necessary Govern-
ing and evaluation for approval under
this part, the applicant must provide ment personnel, representatives of the
to MSHA as part of the approval appli- applicant, and such other persons as
cation: may be mutually agreed upon by the
(1) Written evidence of the labora- applicant and MSHA. Upon granting
torys independence and current rec- approval for permissibility, MSHA will
ognition by a laboratory accrediting announce that such approval has been
organization; granted to the device and may there-
(2) Complete technical explanation of after conduct, from time to time in its
how the product complies with each re- discretion, public demonstrations of
quirement in the applicable MSHA the tests conducted on the approved de-
product approval requirements; vice. Those who attend any part of the
(3) Identification of components or investigation, or any public demonstra-
features of the product that are critical tion, shall be present solely as observ-
to the safety of the product; and ers; the conduct of the investigation
(4) All documentation, including and of any public demonstration shall
drawings and specifications, as sub- be controlled by MSHA. Results of
mitted to the independent laboratory chemical analyses of material and all
by the applicant and as required under information contained of material and
this part. all information contained in the draw-
(c) An applicant may request testing ings, specifications, and instructions
and evaluation to non-MSHA product shall be deemed confidential and their
safety standards which have been de- disclosure will be appropriately safe-
termined by MSHA to be equivalent, guarded by MSHA.
under 6.20 of this chapter, to MSHAs
(d) Permissibility tests will not be
product approval requirements under
made unless the lamp is complete and
this part.
in a form that can be marketed.
[68 FR 36420, June 17, 2003, as amended at 70 (e) The results of the tests shall be
FR 46343, Aug. 9, 2005; 73 FR 52211, Sept. 9, regarded as confidential by all present
2008]
at the tests and shall not be made pub-
20.4 [Reserved] lic in any way prior to the formal ap-
proval of the lamp by MSHA.
20.5 Conditions governing investiga- (f) No verbal report of approval or
tions. disapproval will be made to the appli-
(a) One complete lamp, with assem- cant. Approval will be made only in
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bly and detail drawings that show the writing by MSHA. The applicant shall
construction of the lamp and the mate- not be free to advertise the lamp as
rials of which it is made, should be sub- being permissible, or as having passed
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20.6 30 CFR Ch. I (7114 Edition)
the tests, prior to receipt of formal no- that will prevent the ignition of explo-
tice of approval. sive mixtures of methane and air by
[Sched. 10C, May 17, 1938, as amended by protecting the bulb from breakage and
Supp. 1, 20 FR 2719, Apr. 23, 1955; 43 FR 12314, preventing exposure of the hot fila-
Mar. 24, 1978; 60 FR 35693, July, 11, 1995; 73 FR ment, no separate safety device is re-
52212, Sept. 9, 2008] quired. Alternative designs will be
evaluated by mechanical impact tests,
20.6 General requirements. temperature tests and thermal shock
(a) The lamps shall be durable in con- tests to determine that the protection
struction, practical in operation, and provided is no less effective than a
suitable for the service for which they safety device.
are designed and approved. (2) Safety device (protection). The de-
(b) The intensity of light, distribu- sign of the safety device and the hous-
tion of light, and battery capacity
ing which protects it shall be such that
shall be adequate for the use for which
the action of the safety device is posi-
the lamp is intended.
(c) Battery terminals and leads tive; yet the lamp shall not be too
therefrom, as well as the battery gas readily extinguished during normal
vents, shall be designed to minimize service by the unnecessary operation of
corrosion of the electrical contacts. the device.
(d) Bulbs and other replacement (3) Locks or seals. For lamps other
parts of the lamps shall be adequately than flashlights, all parts, such as bulb
marked as a means of identification. housing and battery container, through
which access may be had to live termi-
20.7 Specific requirements. nals or contacts shall be adequately
Two general classes of electric lamps sealed or equipped with magnetic or
are recognized in these requirements, other equally reliable locks to prevent
namely: Class 1, those that are self- opening by unauthorized persons. For
contained and easily carried by hand, flashlights, provision shall be made for
and class 2, those that may or may not sealing the battery container.
be self-contained and not so readily (4) Battery current restricted. Unless
portable as the first class. all current-carrying parts including
(a) Class 1. Class 1 includes hand conductors, are adequately covered and
lamps, signal lamps, inspection lamps, protected by the sealed or locked com-
flashlights, and animal lamps which partments, the maximum possible cur-
are operated by small storage batteries rent flow through that part shall be
or dry cells. limited by battery design, or by an en-
(b) Class 2. Class 2 includes lamps closed-type fuse inside the sealed or
such as the pneumatic-electric types locked container, to values that will
and large battery lamps. not produce sparks or arcs sufficient to
20.8 Class 1 lamps. ignite an explosive mixture of methane
and air.
(a) Protection against explosion haz-
(b) Protection against bodily hazard.
ards. Unless properly designed, class 1
This hazard is chiefly due to the pos-
lamps present two sources of probable
explosion hazards: Ignition of an explo- sible burning of the user by electrolyte
sive atmosphere by the heated filament spilled from the battery. MSHA, there-
of the bulb in case the bulb glass is ac- fore, requires that:
cidentally broken, and ignition by elec- (1) Spilling of electrolyte. The lamp
tric sparks or arcs from the battery or shall be so designed and constructed
connections thereto. MSHAs therefore, that when properly filled the battery
requires the following safeguards: will neither leak nor spill electrolyte
(1) Safety device or design. The light- under conditions of normal use. Lamps
ing unit shall have a safety device to passing a laboratory spilling test will
prevent the ignition of explosive mix- be considered satisfactory in this re-
tures of methane and air if the bulb spect, contingent upon satisfactory
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Mine Safety and Health Admin., Labor 20.10
made shall resist corrosion under con- path from the inside to the outside of
ditions of normal use. the enclosure shall not be less than 1
[Sched. 10C, May 17, 1938, as amended at 5 FR
inch. When the unoccupied volume (air
3467, Aug. 30, 1940; 54 FR 30513, July 20, 1989] space) is less than 60 cubic inches, this
path shall not be less than three-
20.9 Class 2 lamps. fourths inch.
(a) Safety. (1) Unless special features (b) Locks and seals (lighting attach-
of the lamp prevent ignition of explo- ment). Explosion-proof compartments
sive mixtures of methane and air by shall be equipped with seals or locks
the broken bulb or other igniting that prevent unauthorized and unsafe
sources within the lamp, the bulb and opening of the compartments in a
all spark-producing parts must be en- mine.
closed in explosion-proof compart- (c) Locks or seals (battery). The bat-
ments. tery shall be enclosed in a locked or
(2) Explosion-proof compartments sealed container that will prevent ex-
will be tested while filled and sur- posure of live terminals.
rounded with explosive mixtures of (d) Temperature of lamp. The tempera-
Pittsburgh natural gas 1 and air. A suf- ture of the lamp under conditions of
ficient number of tests of each com- use shall not be such that a person may
partment will be made to prove that be burned in handling it.
there is no danger of ignition of the (e) Cable and connection. (1) The cable
mixture surrounding the lamp by ex- or cord connecting the lamp to its bat-
plosions within the compartment. The tery shall be of high-grade design and
lamp will not pass the above tests, materials, comparable to the specially
even though the surrounding explosive recommended trailing cables as listed
mixtures are not ignited, if external by MSHA, and shall be not more than
flame is observed, if excessive pres- 15 feet in length.
sures are developed, or if excessive dis- (2) The cable (or cord) shall be ade-
tortion of any part of the compartment quately protected at the battery end by
takes place. a fuse in the locked battery box or
(3) Glass-enclosed parts of such com- housing. The cable (or cord) and the
partments must be guarded and be of fuse shall be considered parts of the
extra-heavy glass to withstand pick lamp, and specifications for them shall
blows, and be adequately protected by be submitted by the lamp manufac-
shrouds or by an automatic cut-out turer.
that opens the lamp circuit if the en- (3) The method of terminating the
closure is broken. cable (or cord) at the lamp and at the
(4) When an explosion-proof enclosure battery housing shall be adequate, but
consists of two or more parts that are in no case shall the cable or cord be de-
held together securely by bolts or some tachable.
suitable means to permit assembly, the MSHA reserves the right to make
flanges comprising the joints between minor changes in the requirements
parts shall have surfaces with metal- outlined in paragraphs (e) (1), (2), and
to-metal contact, except enclosures re- (3) of this section (No. 9, class 2 lamps),
quiring glass, in which case glass-to- as experience and service prove to be
metal joints are permitted. Gaskets, if necessary in the interests of safety.
adequate, may be used to obtain a firm
seat for the glass but not elsewhere. 20.10 Tests (class 1 and 2 lamps).
Rubber, putty, and plaster of paris are Such tests will be made as are nec-
not acceptable as material for gaskets. essary to prove the adequacy of a lamp
For enclosures having an unoccupied or any of its parts in fulfilling the pur-
volume (air space) of more than 60 poses for which it was designed. These
cubic inches the width of the joint tests include the following:
measured along the shortest flame (a) Safety tests, including tests of
safey devices, electrical contacts, and
1 Investigation has shown that for practical explosion-proof features.
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20.11 30 CFR Ch. I (7114 Edition)
(d) Tests of nonspilling features each permissible lamp. The plate shall
(storage-battery lamps of class 1). bear the emblem of the Mine Safety
(e) Temperature tests. and Health Administration, and be in-
scribed as follows: Permissible
20.11 Material required for MSHA lllll Lamp. Approval No.
records. llllllllll issued to the
In order that MSHA may know ex- llllllllll Company. When
actly what it has tested and approved, deemed necessary, an appropriate cau-
detailed records are kept covering each tion statement shall be added. The size,
investigation. These include drawings material, and position of the approval
and actual equipment, as follows: plate shall be satisfactory to MSHA.
(a) Drawings. The original drawings (a) Purpose of approval plate. The ap-
submitted with the application for the proval plate is a label which identifies
tests and the final drawings which the the lamp so that anyone can tell at a
manufacturer must submit to MSHA glance whether the lamp is of the per-
before approval is granted, to show the missible type or not. By it the manu-
details of the lamp as approved, are re- facturer can point out that his lamp
tained. These drawings are used to complies with specifications of MSHA
identify the lamp and its parts in the and that it has been adjudged safe for
approval and as a means of checking use in gassy and dusty mines.
the future commercial product of the (b) Use of approval plate. Permission
manufacturer. to place MSHAs approval plate on his
(b) Equipment. (1) If MSHA so desires, lamp obligates the manufacturer to
parts of the lamps which are used in maintain the quality of his product and
the tests will be retained as a perma- to see that each lamp is constructed
nent record of the investigation and of according to the drawings which have
the lamps submitted. been accepted by MSHA for this lamp
(2) If the lamp is approved, MSHA and which are in the MSHA files.
will require the manufacturer, as soon Lamps exhibiting changes in design
as his first manufactured lamps are which have not been approved are not
available, to submit one complete permissible lamps and must not bear
lamp, with the approval plate attached, MSHAs approval plate.
as a record of his commercial product. (c) Withdrawal of approval. MSHA re-
serves the right to rescind for cause at
20.12 How approvals are granted. any time any approval granted under
(a) All approvals are granted by offi- this part.
cial letter from MSHA. A lamp will be
[Sched. 10C, May 17, 1938, as amended at 5 FR
approved under this part only when the 3467, Aug. 30, 1940; 43 FR 12314, Mar. 24, 1978]
testing engineers judge that the lamp
has met the requirements of this part 20.14 Instructions for handling fu-
and after MSHAs records concerning ture changes in lamp design.
the lamp are complete, including man- All approvals are granted with the
ufacturers drawings that show the understanding that the manufacturer
lamp as it is to be made commercially. will make the lamp according to the
No verbal reports of MSHAs decision drawings submitted to MSHA, which
concerning the investigation will be have been considered and included in
given, and no informal approvals will the approval. Therefore, when the man-
be granted. ufacturer desires to make any change
(b) As soon as the manufacturer has in the design of the lamp, the manufac-
received the formal approval he shall turer should first obtain an extension
be free to advertise his lamp as permis- of the original approval to cover the
sible. change. The procedure is as follows:
[Sched. 10C, May 17, 1938, as amended by (a)(1) The manufacturer shall write
Supp. 1, 20 FR 2719, Apr. 23, 1955] to the U.S. Department of Labor, Mine
Safety and Health Administration, Ap-
20.13 Approval plate. proval and Certification Center, 765
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Mine Safety and Health Admin., Labor 22.2
153
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22.3 30 CFR Ch. I (7114 Edition)
154
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Mine Safety and Health Admin., Labor 22.7
laboratory test conditions various re- (2) Corrosion of battery container. The
quirements of minimum performance material of which the container is
that are specified in this part. made shall resist corrosion under con-
ditions of use.
22.7 Specific requirements. (d) Performance. In addition to the
(a) Design. In the determination of general design and safety features,
adequacy of design, the following MSHA considers that permissible types
points will be considered: (1) Materials of methane detectors should meet cer-
used, (2) construction, (3) accuracy, (4) tain minimum requirements with re-
size and shape, (5) range of detection spect to their performance, as follows:
(or indication), (6) life of the active (1) Detectors. (i) When the detector is
parts, and (7) attention required. The operated according to the manufactur-
suitability of the materials and the ers instructions, it shall be possible to
construction shall be determined by detect at least 1 percent methane in
preliminary inspection, by dropping air, and increasing percentages up to 5
tests, by laboratory and field tests in percent shall be shown by continuously
gas and air mixtures, and by the gen- increasing evidence.
eral behavior of the equipment during (ii) The average number of deter-
the investigation. minations that may be made in ap-
(b) Safety against explosion hazard(1) proximately 2-percent methane mix-
Detectors. Detectors shall be con- tures without recharging a battery or
structed so that they will not cause ex- replacing a chemical accessory shall
ternal ignitions when used in gaseous not be less than 25, and the average
mine atmospheres. number of such determinations that
(2) Seals or locks. All parts through may be made without replacing any
which external ignitions might result other part shall be not less than 100.
shall be covered and protected ade- (2) Indicating detectors. Indicating de-
quately. All covers shall be sealed ade- tectors shall give indications of as low
quately or equipped with magnetic or as 0.25 percent methane. Detectors hav-
other equally reliable locks to prevent ing an upper scale limit of 2 percent
their being opened by unauthorized may be approved, but it is rec-
persons. ommended that the detector be de-
(3) Glasses. Glasses or glass windows signed to give indications of as high as
shall be of good-quality glass and pro- 4 percent methane. The indications for
tected adequately against breakage. these percentages shall be within the
Unguarded windows may be considered limits of error specified in the fol-
adequate in this respect, provided they lowing table:
are of small diameter and are of rea-
sonably thick glass. ALLOWABLE VARIATIONS IN SCALE READING
(4) Battery. If the detector is equipped [In percent]
with a battery, it shall be of such de-
Methane in mix- Maximum indica-
sign that it will not produce sparks tures Minimum indication tion
that will ignite an explosive mixture of
methane and air. 0.25 0.10 0.40
(5) Detectors of the flame type. Meth- .50 .35 .65
1.00 .80 1.20
ane detectors of the flame type shall be 2.00 1.80 2.20
subject to the requirements of the 3.00 2.70 3.30
flame-lamp schedule then in force. 4.00 3.70 4.30
(c) Safety against bodily hazard. Bod-
ily hazard with battery-type detectors (i) Tests shall be made at several per-
is due chiefly to possible burning of the centages within the range of the indi-
user by electrolyte that has spilled cating detector and at temperatures
from the battery. MSHA, therefore, re- between the limits of 50 and 70 F. by
quires that: increments of 5. Ten determinations
(1) Spilling of electrolyte. The battery shall be made at each percentage. Nei-
shall be so designed and constructed ther the average of the 10 readings nor
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that when properly filled it will not more than 2 readings for each percent-
spill electrolyte under actual service age shall exceed the limits of error
conditions. given in the table.
155
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22.8 30 CFR Ch. I (7114 Edition)
(ii) The average number of deter- of his detectors, with the approval
minations that may be made with an plate attached, as a record of his com-
indicating detector without replace- mercial product.
ment of any part shall be not less than
30, and the average number that may 22.9 How approvals are granted.
be made without recharging the bat- All approvals are granted by official
tery shall be not less than 15. letter from MSHA. A detector will be
(iii) The scale shall not be subdivided approved under this part only when the
into smaller divisions than the general testing engineers have judged that it
accuracy of the indicating detector has met the requirements of the sched-
warrants. ule and MSHAs records are complete,
(3) Mechanical strength. Detectors and including drawings from the manufac-
indicating detectors shall be subjected turer that show the detector as it is to
to the following mechanical tests: Four be commercially made. No verbal re-
of each of those parts or groups of as- ports of the investigation will be given
sembled parts that are not normally and no informal approvals will be
strapped to the user shall be dropped 20 granted. As soon as the manufacturer
times on a wood floor from a height of has received the formal approval, he
3 feet. Parts that are strapped to the shall be free to advertise his detector
user may be subjected to a jarring or as permissible.
bumping test to demonstrate adequate
[Sched. 8C, Oct. 31, 1935, as amended by Supp.
strength. The average number of times 1, 20 FR 2575, Apr. 19, 1955]
that any one of the detectors can be
dropped before breakage or material 22.10 Approval plate.
distortion of essential parts shall be
(a) Attachment to be made by manufac-
not less than 10.
turers. (1) Manufacturers shall attach,
(e) Attachments for illumination. If de-
stamp, or mold an approval plate on
tectors are provided with attachments
each permissible methane detector.
for illuminating purposes, such attach-
The plate shall bear the emblem of the
ments shall be subject to the same re-
Mines Safety and Health Administra-
quirements as those applying to that
tion and be inscribed as follows:
type of lamp under the lamp schedule
then in force. Permissible Methane Detector (or Permis-
sible Methane Indicating Detector) Approval
22.8 Material required for MSHA No. lll issued to the lllllll Com-
records. pany.
In order that MSHA may know ex- (2) When deemed necessary, an appro-
actly what it has tested and approved, priate caution statement shall be
it keeps detailed records covering each added. The size and position of the ap-
investigation. These records include proval plate shall be satisfactory to
drawings and actual equipment as fol- MSHA.
lows: (b) Purpose of approval plate. The ap-
(a) Drawings. The original drawings proval plate is a label that identifies
submitted with the application for the the device so that anyone can tell at a
tests and the final drawings which the glance whether it is of the permissible
manufacturer must submit to MSHA type or not. By the plate, the manufac-
before the approval is granted to show turer can point out that his detector
the details of the detector as approved, complies with MSHAs requirements
are retained. These drawings are used and that it has been approved for use in
to identify the detector in the approval gassy mines.
and as a means of checking the future (c) Use of approval plate. Permission
commercial product of the manufac- to place MSHAs approval plate on his
turer. detector obligates the manufacturer to
(b) Actual equipment. If MSHA so de- maintain the quality of his product and
sires, parts of the detectors that are to see that each detector is constructed
used in the tests will be retained as according to the drawings that have
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Mine Safety and Health Admin., Labor 23.1
approved are not permissible and must (b) MSHA will consider the applica-
not bear MSHAs approval plate. tion and inspect the drawings and parts
(d) Withdrawal of approval. MSHA re- to determine whether it will be nec-
serves the right to rescind for cause at essary to make any tests.
any time any approval granted under (c) If no tests are necessary, the ap-
this part. plicant will be advised of the approval
[Sched. 8C, Oct. 31, 1935, as amended at 43 FR or disapproval of the change by letter
12315, Mar. 24, 1978] from MSHA.
(d) If tests are judged necessary, the
22.11 Instructions on handling future applicant will be advised of the mate-
changes in design. rial that will be required.
All approvals are granted with the [Sched. 8C, Oct. 31, 1935, as amended by Supp.
understanding that the manufacturer 1, 20 FR 2575, Apr. 19, 1955; 43 FR 12315, Mar.
will make the detector according to 24, 1978; 52 FR 17514, May 8, 1987; 60 FR 35694,
the drawings submitted to MSHA July 11, 1995; 68 FR 36420, June 17, 2003; 73 FR
which have been considered and in- 52212, Sept. 9, 2008]
cluded in the approval. Therefore, when
the manufacturer desires to make any PART 23TELEPHONES AND
changes in the design, the manufac- SIGNALING DEVICES
turer should first obtain MSHAs ap-
proval of the change. The procedure is Sec.
as follows: 23.1 Purpose.
(a)(1) The manufacturer must write 23.2 Definitions.
to the U.S. Department of Labor, Mine 23.3 Application procedures and require-
Safety and Health Administration, Ap- ments.
proval and Certification Center, 765 23.4 [Reserved]
Technology Drive, Triadelphia, WV 23.5 Conditions governing investigations.
23.6 General requirements for approval.
26059, requesting an extension of the 23.7 Specific requirements for approval.
original approval and stating the 23.8 Inspection and tests.
change or changes desired. With this 23.9 Special requirements for complete de-
request, the manufacturer should sub- vices.
mit a revised drawing or drawings 23.10 Material required for MSHA records.
showing changes in detail, together 23.11 How approvals are granted.
with one of each of the parts affected. 23.12 Wording, purpose, and use of approval
(2) Where the applicant for approval plate.
23.13 Withdrawal of approval.
has used an independent laboratory
23.14 Instructions for handling future
under part 6 of this chapter to perform, changes in design.
in whole or in part, the necessary test-
ing and evaluation for approval of AUTHORITY: 30 U.S.C. 957, 961.
Sec. 23.2(f) also issued under 30 U.S.C. 811.
changes to an approved product under
this part, the applicant must provide SOURCE: Schedule 9B, 4 FR 1555, Apr. 11,
to MSHA as part of the approval appli- 1939, unless otherwise noted.
cation:
(i) Written evidence of the labora- 23.1 Purpose.
torys independence and current rec- (a) The purpose of investigations
ognition by a laboratory accrediting under this part is to promote the devel-
organization; opment of telephones and signaling de-
(ii) Complete technical explanation vices that may be used safely in mines,
of how the product complies with each especially in coal mines that may have
requirement in the applicable MSHA gassy or dust-laden atmospheres. This
product approval requirements; schedule supersedes Schedule 9A,
(iii) Identification of components or issued under date of December 5, 1922,
features of the product that are critical and becomes effective October 18, 1938.
to the safety of the product; and (b) Telephones and signaling devices
(iv) All documentation, including approved under the requirements of
drawings and specifications, as sub- this part will be termed permissible
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23.2 30 CFR Ch. I (7114 Edition)
the information of State mine inspec- tion by letter for an investigation lead-
tion departments, compensation bu- ing to approval of the device. This ap-
reaus, mine operators, miners, and oth- plication shall be sent to: U.S. Depart-
ers interested in safety equipment for ment of Labor, Mine Safety and Health
mines. Administration, Approval and Certifi-
cation Center, 765 Technology Drive,
23.2 Definitions. Triadelphia, WV 26059, together with
(a) Adequate means appropriate and the required drawings, one complete
sufficient, as determined by mutual telephone or signaling device, and in-
agreement of the manufacturer, opera- structions for its operation. Fees cal-
tors, and MSHA. culated in accordance with part 5 of
(b) Approval means official notifica- this title shall be submitted in accord-
tion by letter, from MSHA to a respon- ance with 5.40.
sible organization, stating that the de- (b) Where the applicant for approval
vice under consideration has been has used an independent laboratory
judged to meet the requirements of under part 6 of this chapter to perform,
this part. in whole or in part, the necessary test-
(c) Normal operation means the per- ing and evaluation for approval under
formance by each part of the device of this part, the applicant must provide
those functions for which the part was to MSHA as part of the approval appli-
designed. cation:
(d) Permissible as used in this part (1) Written evidence of the labora-
means completely assembled and con- torys independence and current rec-
forming in every respect with the de- ognition by a laboratory accrediting
sign formally approved by MSHA under organization;
this part. (Approvals under this part (2) Complete technical explanation of
are given only to equipment for use in how the product complies with each re-
gassy and dusty mines.) quirement in the applicable MSHA
(e) Protected means effectively cov- product approval requirements;
ered, enclosed, or otherwise guarded by (3) Identification of components or
adequate covers. features of the product that are critical
(f) Signaling device. As used in this to the safety of the product; and
part, a signaling device is one that (4) All documentation, including
gives visual or audible signals. drawings and specifications, as sub-
(g) MESA means the United States mitted to the independent laboratory
Department of the Interior, Mining En- by the applicant and as required by
forcement and Safety Administration. this part.
Predecessor orgainzation to MSHA, (c) An applicant may request testing
prior to March 9, 1978. and evaluation to non-MSHA product
(h) MSHA means the U.S. Depart- safety standards which have been de-
ment of Labor, Mine Safety and Health termined by MSHA to be equivalent,
Administration. under 6.20 of this chapter, to MSHAs
NOTE: Paragraph (f) of this section is product approval requirements under
issued under the authority of Sec. 101 of the this part.
Federal Mine Safety and Health Act of 1977,
Pub. L. 91173 as amended by Pub. L. 95164, [68 FR 36421, June 17, 2003, as amended at 70
91 Stat. 1291 (30 U.S.C. 811). All other para- FR 46343, Aug. 9, 2005; 70 FR 48872, Aug. 22,
graphs in this section continue under the 2005; 73 FR 52212, Sept. 9, 2008]
original authority.
[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amend- 23.4 [Reserved]
ed by Supp. 1, 20 FR 2975, May 4, 1955; 39 FR
24001, June 28, 1974; 43 FR 12315, Mar. 24, 1978; 23.5 Conditions governing investiga-
47 FR 11370, Mar. 16, 1982] tions.
(a) One complete device together
23.3 Application procedures and re- with assembly and detail drawings that
quirements. show its construction and the mate-
(a) Before MSHA will undertake an rials of which the parts are made, shall
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Mine Safety and Health Admin., Labor 23.7
[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amend- one that is locked or sealed, and the
ed by Supp. 1, 20 FR 2975, May 4, 1955; 43 FR terminals and the connections thereto
12315, Mar. 24, 1978; 73 FR 52212, Sept. 9, 2008] shall be so arranged and protected as
159
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23.8 30 CFR Ch. I (7114 Edition)
to preclude meddling, tampering, or and air, the mixture within the com-
making other electrical connections partment being ignited by a spark plug
with them. or other suitable means. For some of
(e) Manufacturers shall furnish ade- the tests bituminous-coal dust will be
quate instructions for the installation introduced into the compartment in
and connection of telephones and sig- addition to the explosive mixtures, and
nal devices in order that the safety of the effects will be noted. A sufficient
these devices and other circuits shall number of tests will be made under the
not be diminished by improper instal- foregoing conditions to determine the
lation. MSHA reserves the right to re- ability of the compartment to retain
quire the attachment of wiring dia- flame without bursting. Even though
grams to the cases of telephones and the surrounding mixtures are not ig-
signal devices. nited, the compartment will not be
(f) If electric light bulbs are used in considered as having passed the tests,
signaling devices, they shall be either if flames are discharged from any joint
equipped with effective safety devices, or opening; if excessive pressures are
such as are required for permissible developed or if serious distortion of the
electric mine lamps, 1 or enclosed in ex- compartment walls take place.
plosion-proof compartments.
(g) Line powered telephones and sig- 23.9 Special requirements for com-
naling devices or systems shall be plete devices.
equipped with standby power sources Telephones and signaling devices will
that have the capacity to enable the be considered nonpermissible if used
devices or systems to continue func- under any of the followings conditions:
tioning in the event the line power (a) Without the approval plate, men-
fails or is cut off. Manufacturers shall tioned hereafter.
furnish instructions for the proper (b) With unprotected openings in any
maintenance of standby power sources. of the explosion-proof compartments.
NOTE: Paragraph (g) of this section is This condition refers to any openings
issued under the authority of Sec. 101 of the in these compartments, but especially
Federal Mine Safety and Health Act of 1977,
to those equipped with removable cov-
Pub. L. 91173 as amended by Pub. L. 95164,
91 Stat. 1291 (30 U.S.C. 811). All other para- ers.
graphs in this section continue under the (c) If not complete with all of the
original authority. parts considered in the approval.
(d) If installed or connected other-
[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amend-
ed at 47 FR 11370, Mar. 16, 1982] wise than in accordance with the in-
structions furnished by the manufac-
23.8 Inspection and tests. turer.
(a) A thorough inspection of the tele- (e) If modified in any manner not au-
phone or signaling device will be made thorized by MSHA.
to determine its adequacy and 23.10 Material required for MSHA
permisibility. Tests may be made to records.
check the electrical characteristics
and constants of the various parts, and In order that MSHA may know ex-
determine the adequacy of the insula- actly what it has tested and approved,
tion and other parts of features of the it keeps detailed records covering each
device. investigation. These records include
(b) In addition, compartments of ex- drawings and actual equipment as fol-
plosion-proof design will be tested lows:
while filled and surrounded with explo- (a) Drawings. The original drawings
sive mixtures containing varying per- submitted with the application for the
centages of Pittsburgh natural gas 2 tests and the final drawings which the
manufacturer must submit to MSHA
1 In this case, the requirements of the cur-
before the approval is granted, to show
rent schedule for mine lamps will apply.
the details of the device as approved.
2 Investigation has shown that for test pur- These drawings are used to identify the
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poses Pittsburgh natural gas (containing a device in the approval and as a means
high percentage of methane) is a satisfactory of checking the future commercial
substitute for pure methane. product of the manufacturer.
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Mine Safety and Health Admin., Labor 23.14
(b) Actual equipment. If MSHA so de- quality of his product and to see that
sires, parts of the devices that are used each device is constructed according to
in the tests will be retained as records the drawings that have been accepted
of the equipment submitted. If the de- by MSHA and are in MSHAs files. De-
vice is approved, MSHA reserves the vices exhibiting changes in design that
right to require the manufacturer to have not been authorized are not per-
submit one, with the approval plate at- missible and must not bear MSHAs ap-
tached and without cost to MSHA, as a proval plate.
record of his commercial product.
[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amend-
23.11 How approvals are granted. ed at 43 FR 12315, Mar. 24, 1978]
All approvals are granted by official 23.13 Withdrawal of approval.
letter from MSHA. A device will be ap-
proved under this part only when the MSHA reserves the right to rescind
testing engineers have judged that it for cause at any time any approval
has met the requirements of the part granted under this part.
and MSHAs records are complete, in-
cluding drawings from the manufac- 23.14 Instructions for handling fu-
turer that show the device as it is to be ture changes in design.
commercially made. Individual parts of All approvals are granted with the
devices will not be approved. No verbal understanding that the manufacturer
reports of the investigation will be will make his device according to the
given and no informal approvals will be drawings that he has submitted to
granted. As soon as the manufacturer MSHA and that have been considered
has received the formal approval, he and included in the approval. There-
shall be free to advertise his device as fore, before making any changes in the
permissible. design he shall obtain MSHAs author-
[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amend- ization of the change. The procedure is
ed by Supp. 1, 20 FR 2975, May 4, 1955] as follows:
(a)(1) The manufacturer shall write
23.12 Wording, purpose, and use of to the U.S. Department of Labor, Mine
approval plate. Safety and Health Administration, Ap-
(a) Approval plate. (1) Manufacturers proval and Certification Center, 765
shall attach, stamp, or mold an ap- Technology Drive, Triadelphia, WV
proval plate on each permissible de- 26059, requesting an extension of the
vice. The plate shall bear the emblem original approval and stating the
of the Mine Safety and Health Admin- change or changes desired. With this
istration and be inscribed as follows: request, the manufacturer should sub-
Permissible Telephone (or Permissible Sig- mit a revised drawing or drawings
naling Device) Approval No.lllIssued to showing the changes in detail, together
the llllllllllllllllllll with one of each of the parts affected.
Company. (2) Where the applicant for approval
(2) When deemed necessary, an appro- has used an independent laboratory
priate caution statement shall be under part 6 of this chapter to perform,
added. The size and position of the ap- in whole or in part, the necessary test-
proval plate shall be satisfactory to ing and evaluation for approval of
MSHA. changes to an approved product under
(b) Purpose. The approval plate is a this part, the applicant must provide
label that identifies the device so that to MSHA as part of the approval appli-
anyone can tell at a glance whether or cation:
not it is of the permissible type. By the (i) Written evidence of the labora-
plate, the manufacturer can point out torys independence and current rec-
that his device complies with MSHAs ognition by a laboratory accrediting
requirements and that it has been ap- organization;
proved for use in gassy or dusty mines. (ii) Complete technical explanation
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(c) Use. Permission to place MSHAs of how the product complies with each
approval plate on his device obligates requirement in the applicable MSHA
the manufacturer to maintain the product approval requirements;
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Pt. 27 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor 27.3
(d) Methane detector means a compo- flammable mixture that surrounds the
nent for a methane-monitoring system enclosure and/or flame arrester. 1
that functions in a gassy mine, tunnel, (k) Normal operation means that per-
or other underground workings to sam- formance of each component as well as
ple the atmosphere continuously and of the entire assembly of the methane-
responds to the presence of methane. monitoring system is in conformance
(e) Power-shutoff component means a with the functions for which it was de-
component of a methane-monitoring signed and for which it was tested by
system, such as a relay, switch, or MSHA.
switching mechanism, that will cause a (l) Flame arrester means a device so
control circuit to deenergize a ma- constructed that it will prevent propa-
chine, equipment, or power circuit gation of flame or explosion from with-
when actuated by the methane detec- in the unit of which it is part to a sur-
tor. rounding flammable mixture.
(f) Flammable mixture means a mix- (m) Intrinsically safe equipment and
ture of a gas, such as methane, natural circuitry means equipment and cir-
gas, or similar hydrocarbon gas with cuitry that are incapable of releasing
normal air, that can be ignited. enough electrical or thermal energy
(g) Gassy mine or tunnel means a under normal or abnormal conditions
mine, tunnel, or other underground to cause ignition of a flammable mix-
workings in which a flammable mix- ture of the most easily ignitable com-
ture has been ignited, or has been position.
found with a permissible flame safety (n) Fail safe means that the circuitry
lamp, or has been determined by air of a methane-monitoring system shall
analysis to contain 0.25 percent or be so designed that electrical failure of
more (by volume) of methane in any a component which is critical in
open workings when tested at a point MSHAs opinion will result in deener-
not less than 12 inches from the roof, gizing the methane-monitoring system
face, or rib. and the machine or equipment of which
(h) Letter of certification means a for- it is a part.
mal document issued by MSHA stating
[31 FR 10607, Aug. 9, 1966, as amended at 39
that a methane-monitoring system or FR 24003, June 28, 1974; 43 FR 12316, Mar. 24,
subassembly or component thereof: 1978]
(1) Has met the requirements of this
part, and 27.3 Consultation.
(2) Is certified for incorporation in or By appointment, applicants or their
with permissible or approved equip- representatives may visit the U.S. De-
ment that is used in gassy mines and partment of Labor, Mine Safety and
tunnels. Health Administration, Approval and
(i) Component means a part of a meth- Certification Center, 765 Technology
ane-monitoring system that is essen- Drive, Triadelphia, WV 26059, to discuss
tial to its operation as a certified with qualified MSHA personnel pro-
methane-monitoring system. posed methane-monitoring systems to
(j) Explosion-proof means that a com- be submitted in accordance with the
ponent or group of components (sub- regulations of this part. No charge is
assembly) is so constructed and pro- made for such consultation and no
tected by an enclosure with or without written report thereof will be made to
a flame arrester(s) that, if a flammable the applicant.
mixture of gas is ignited within the en-
closure, it will withstand the resultant [31 FR 10607, Aug. 9, 1966, as amended at 43
FR 12316, Mar. 24, 1978; 60 FR 35694, July, 11,
pressure without damage to the enclo- 1995; 73 FR 52212, Sept. 9, 2008]
sure and/or flame arrester(s). Also the
enclosure and/or flame arrester(s) shall
1 Explosion-proof components or subassem-
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27.4 30 CFR Ch. I (7114 Edition)
27.4 Application procedures and re- (c) For a complete investigation lead-
quirements. ing to certification, the applicant shall
furnish all necessary components and
(a)(1) No investigation or testing for
material to MSHA. MSHA reserves the
certification will be undertaken by
right to require more than one of each
MSHA except pursuant to a written ap-
component, subassembly, or assembly
plication, accompanied by all draw-
for the investigation. Spare parts and
ings, specifications, descriptions, and
expendable components, subject to
related materials. The application and
wear in normal operation, shall be sup-
all related matters and correspondence
plied by the applicant to permit con-
shall be addressed to: U.S. Department
tinuous operation during test periods.
of Labor, Mine Safety and Health Ad-
The applicant shall furnish special
ministration, Approval and Certifi-
tools necessary to assemble or dis-
cation Center, 765 Technology Drive,
assemble any component or sub-
Triadelphia, WV 26059. Fees calculated
assembly for inspection or test.
in accordance with part 5 of this title (d) The applicant shall submit a plan
shall be submitted in accordance with of inspection of components at the
5.40. place of manufacture or assembly. The
(2) Where the applicant for approval applicant shall furnish to MSHA a copy
has used an independent laboratory of any factory-inspection form or
under part 6 of this chapter to perform, equivalent with the application. The
in whole or in part, the necessary test- form shall direct attention to the
ing and evaluation for approval under points that must be checked to make
this part, the applicant must provide certain that all components or sub-
to MSHA as part of the approval appli- assemblies of the complete assembly
cation: are in proper condition, complete in all
(i) Written evidence of the labora- respects, and in agreement with the
torys independence and current rec- drawings, specifications, and descrip-
ognition by a laboratory accrediting tions filed with MSHA.
organization; (e) The applicant shall furnish to
(ii) Complete technical explanation MSHA complete instructions for oper-
of how the product complies with each ating the assembly and servicing com-
requirement in the applicable MSHA ponents. After completion of MSHAs
product approval requirements; investigation, and before certification,
(iii) Identification of components or if any revision of the instructions is re-
features of the product that are critical quired, a revised copy thereof shall be
to the safety of the product; and submitted to MSHA for inclusion with
(iv) All documentation, including the drawings and specifications.
drawings and specifications, as sub- [31 FR 10607, Aug. 9, 1966, as amended at 43
mitted to the independent laboratory FR 12316, Mar. 24, 1978; 60 FR 35694, July, 11,
by the applicant and as required by 1995; 68 FR 36421, June 17, 2003; 70 FR 46343,
this part. Aug. 9, 2005; 73 FR 52212, Sept. 9, 2008]
(3) An applicant may request testing
and evaluation to non-MSHA product 27.5 Letter of certification.
safety standards which have been de- (a) Upon completion of investigation
termined by MSHA to be equivalent, of a methane-monitoring system, or
under 6.20 of this chapter, to the prod- component or subassembly thereof,
uct approval requirements under this MSHA will issue to the applicant ei-
part. ther a letter of certification or a writ-
(b) Drawings, specifications, and de- ten notice of disapproval, as the case
scriptions shall be adequate in detail to may require If a letter of certification
identify fully all components and sub- is issued, no test data or detailed re-
assemblies that are submitted for in- sults of tests will accompany it. If a
vestigation, and shall include wiring notice of disapproval is issued, it will
and block diagrams. All drawings shall be accompanied by details of the de-
include title, number, and date; any re- fects, with a view to possible correc-
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vision dates and the purpose of each re- tion. MSHA will not disclose except to
vision shall also be shown on the draw- the applicant or his authorized rep-
ing. resentative, any information because
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Mine Safety and Health Admin., Labor 27.11
of which a notice of disapproval has other items may be tested. However, if the
been issued. cause of failure is corrected, testing will be
(b) A letter of certification will be resumed after completing such other test
work as may be in progress.
accompanied by an appropriate cau-
tionary statement specifying the con- [31 FR 10607, Aug. 9, 1966, as amended at 70
ditions to be observed for operating FR 46343, Aug. 9, 2005]
and maintaining the device(s) and to
preserve its certified status. 27.10 Conduct of investigations, tests,
and demonstrations.
27.6 Certification of components. MSHA shall hold as confidential and
In accordance with 27.4, manufac- shall not disclose principles or patent-
turers of components may apply to able features, nor shall it disclose any
MSHA to issue a letter of certification. details of drawings, specifications, or
To qualify for certification, electrical related materials. The conduct of all
components shall conform to the pre- investigations, tests, and demonstra-
scribed inspection and test require- tions shall be under the direction and
ments and the construction thereof control of MSHA, and any other per-
shall be adequately covered by speci- sons shall be present only as observers,
fications officially recorded and filed except as noted in paragraph (b) of this
with MSHA. Letters of certification section.
may be cited to fabricators of equip- (a) Prior to the issuance of a letter of
ment intended for use in a certified certification, necessary Government
methane-monitoring system as evi- personnel, representatives of the appli-
dence that further inspection and test cant, and such other persons as are mu-
of the components will not be required. tually agreed upon may observe the in-
vestigations or tests.
27.7 Certification plate or label. (b) When requested by MSHA the ap-
A certified methane-monitoring sys- plicant shall provide assistance in as-
tem or component thereof shall be sembling or disassembling components,
identified with a certification plate or subassemblies, or assemblies for test-
label which is attached to the system ing, preparing components, subassem-
or component in a manner acceptable blies, or assemblies for testing, and op-
to MSHA. The method of attachment erating the system during the tests.
shall not impair the explosion-proof (c) After the issuance of a letter of
characteristics of any enclosure. The certification, MSHA may conduct such
plate or label shall be of serviceable public demonstrations and tests of the
material, acceptable to MSHA, and certified methane-monitoring system
shall contain the following inscription or components as it deems appropriate.
with spaces for appropriate identifica- [31 FR 10607, Aug. 9, 1966, as amended at 39
tion of the system or component and FR 24003, June 28, 1974]
assigned certificate number:
27.11 Extension of certification.
Manufacturers Name llllllllllll
Description lllllllllllllllll If an applicant desires to change any
(Name) feature of a certified system or compo-
Model or Type No llllllllllllll nent, he shall first obtain MSHAs ap-
Certified as complying with the applicable proval of the change, pursuant to the
requirements of Schedule 32A. llllll
Certificate No llllllllllllllll
following procedure:
(a)(1) Application shall be made as
27.8 [Reserved] for an original certification, requesting
that the existing certification be ex-
27.9 Date for conducting tests. tended to cover the proposed changes.
The date of receipt of an application The application shall include complete
will determine the order of precedence drawings, specifications, and related
for investigation and testing. The ap- data, showing the changes in detail.
plicant will be notified of the date on (2) Where the applicant for approval
which tests will begin. has used an independent laboratory
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27.12 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor 27.24
constructed as a package unit or other- tween 1.0 to 1.5 volume percent and at
wise in a manner acceptable to MSHA. all higher concentrations of methane.
Such components or subassemblies (c) It is recommended that the auto-
shall be readily replaceable or remov- matic warning device be supplemented
able without creating an ignition haz- by a meter calibrated in volume per-
ard. cent of methane.
(f) The complete system shall fail
safe in a manner acceptable to MSHA. 27.24 Power-shutoff component.
(a) A power-shutoff component shall
27.22 Methane detector component. be suitably constructed for incorpora-
(a) A methane detector component tion in or with permissible and ap-
shall be suitably constructed for incor- proved equipment that is operated in
poration in or with permissible and ap- gassy mines and tunnels.
proved equipment that is operated in (b) The power-shutoff component
gassy mines and tunnels. shall include:
(b) A methane detector shall include: (1) A means which shall be made to
(1) A method of continuous sampling function automatically to deenergize
of the atmosphere in which it func- the machine or equipment when actu-
tions. ated by the methane detector at a
(2) A method for actuating a warning methane concentration of 2.0 volume
device which shall function automati- percent and at all higher concentra-
cally at a methane content of the mine tions in the mine atmosphere.
atmosphere between 1.0 to 1.5 volume (i) For an electric-powered machine
percent. The warning device shall also or equipment energized by means of a
function automatically at all higher trailing cable, the power-shutoff com-
concentrations of methane in the mine ponent shall, when actuated by the
atmosphere. methane detector, cause a control cir-
(3) A method for actuating a power- cuit to shut down the machine or
shutoff component, which shall func- equipment on which it is installed; or
tion automatically when the methane it shall cause a control circuit to deen-
content of the mine atmosphere is 2.0 ergize both the machine or equipment
volume percent and at all higher con- and the trailing cable.
centrations of methane. NOTE: It is not necessary that power be
(4) A suitable filter on the sampling controlled both at the machine and at the
intake to prevent dust and moisture outby end of the trailing cable.
from entering and interfering with nor- (ii) For a battery-powered machine or
mal operation. equipment, the methane-monitor
NOTE: This requirement for the methane power-shutoff component shall, when
detector may be waived if the design is such actuated by the methane detector,
as to preclude the need of a filter. cause a control circuit to deenergize
(c) A methane detector may provide the machine or equipment as near as
means for sampling at more than one possible to the battery terminals.
point; provided, the methane detector (iii) For a diesel-powered machine or
shall separately detect the methane in equipment, the power-shutoff compo-
the atmosphere at each sampling point nent, when actuated by the methane
with, in MSHAs opinion, sufficient fre- detector, shall shut down the prime
quency. mover and deenergize all electrical
components of the machine or equip-
27.23 Automatic warning device. ment. Batteries are to be disconnected
(a) An automatic warning device as near as possible to the battery ter-
shall be suitably constructed for incor- minals. Headlights which are approved
poration in or with permissible and ap- under Part 20 of this subchapter
proved equipment that is operated in (Schedule 10, or any revision thereof)
gassy mines and tunnels. are specifically exempted from this re-
(b) An automatic warning device quirement.
shall include an alarm signal (audible (2) An arrangement for testing the
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27.30 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor Pt. 28
27.37 Tests to determine adequacy of (b) Field tests. MSHA reserves the
safety devices for bulbs. right to conduct tests to determine re-
The glass envelope of bulbs with the sistance to vibration in underground
filament incandescent at normal oper- workings to verify the reliability and
ating voltage shall be broken in flam- durability of a methane-monitoring
mable methane-air or natural gas-air system or component(s) thereof where
mixtures in a gallery to determine that installed in connection with a piece of
the safety device will prevent ignition mining equipment.
of the flammable mixtures.
27.40 Test to determine resistance to
27.38 Tests to determine adequacy of dust.
windows and lenses.
Components, subassemblies, or as-
Impact tests. A 4-pound cylindrical semblies, the normal functioning of
weight with a one-inch diameter hemi- which might be affected by dust, such
spherical striking surface will be as coal or rock dust, shall be tested in
dropped (free fall) to strike the window an atmosphere containing an average
or lens in its mounting or the equiva- concentration (50 million minus 40 mi-
lent thereof at or near the center. At
cron particles per cubic foot) of such
least three out of four samples shall
dust(s) for a continuous period of 4
withstand the impact according to the
hours. The component, subassembly, or
following table:
assembly shall function normally after
Height being subjected to this test.
Overall lens diameter (inches) of fall
(inches) NOTE: Dust measurements, when nec-
essary, shall be made by impinger sampling
Less than 4 .............................................................. 6 and light-field counting technique.
4 to 5 ....................................................................... 9
5 to 6 ....................................................................... 15
Greater than 6 ......................................................... 24 27.41 Test to determine resistance to
moisture.
Lenses or windows of smaller diameter Components, subassemblies, or as-
than 1 inch may be tested by alternate semblies, the normal functioning of
methods at the discretion of MSHA. which might be affected by moisture,
shall be tested in atmospheres of high
27.39 Tests to determine resistance relative humidity (80 percent or more
to vibration.
at 6575 F.) for continuous operating
(a) Laboratory tests for reliability and and idle periods of 4 hours each. The
durability. Components, subassemblies, component or subassembly or assembly
or assemblies that are to be mounted shall function normally after being
on permissible and approved equipment subjected to those tests.
shall be subjected to two separate vi-
bration tests, each of one-hour dura-
tion. The first test shall be conducted PART 28FUSES FOR USE WITH DI-
at a frequency of 30 cycles per second RECT CURRENT IN PROVIDING
with a total movement per cycle of 116- SHORT-CIRCUIT PROTECTION FOR
inch. The second test shall be con- TRAILING CABLES IN COAL
ducted at a frequency of 15 cycles per MINES
second with a total movement per
cycle of 18-inch. Components, sub- Subpart AGeneral Provisions
assemblies, and assemblies shall be se-
cured to the vibration testing equip- Sec.
ment in their normal operating posi- 28.1 Purpose.
tions (with shock mounts, if regularly 28.2 Approved fuses.
provided with shock mounts). Each 28.3 Installation, use, and maintenance of
component, subassembly and assembly approved fuses.
shall function normally during and 28.4 Definitions.
after each vibration test.
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28.1 30 CFR Ch. I (7114 Edition)
the minimum requirements for per- (e) MSHA means the United States
formance and short-circuit protection Department of Labor, Mine Safety and
set forth in this part. Health Administration.
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Mine Safety and Health Admin., Labor 28.21
(f) Fuse means a device, no less effec- necessary for evaluation of the exam-
tive than an automatic circuit breaker, ination, inspection, and test results by
for use with direct current which pro- the Bureau.
vides short-circuit protection for trail- (f) Applicants or their representa-
ing cables in coal mines by inter- tives may visit or communicate with
rupting an excessive current in the cir- Approval and Certification Center in
cuit. order to discuss the requirements for
approval of any fuse, or to obtain criti-
[37 FR 7562, Apr. 15, 1972, as amended at 39
FR 24003, June 28, 1974; 43 FR 12316, Mar. 24, cism of proposed designs; no charge
1978] shall be made for such consultation
and no written report shall be issued
by MSHA as a result of such consulta-
Subpart BApplication for tion.
Approval
[37 FR 7562, Apr. 15, 1972, as amended at 43
28.10 Application procedures. FR 12316, Mar. 24, 1978; 52 FR 17515, May 8,
1987; 60 FR 35694, July 11, 1995; 70 FR 46343,
(a) Each applicant seeking approval Aug. 9, 2005; 73 FR 52212, Sept. 9, 2008]
of a fuse for use with direct current in
providing short-circuit protection for
trailing cables shall arrange for sub- Subpart CApproval and
mission, at applicants own expense, of Disapproval
the number of fuses necessary for test-
ing to a nationally recognized inde- 28.20 Certificates of approval; scope
of approval.
pendent testing laboratory capable of
performing the examination, inspec- (a) MSHA shall issue certificates of
tion, and testing requirements of this approval pursuant to the provisions of
part. this subpart only for individual, com-
(b) The applicant shall insure, at his pletely fabricated fuses which have
own expense, that the examination, in- been examined, inspected, and tested as
spection, and testing requirements of specified in 28.10, and have been evalu-
this part are properly and thoroughly ated by MSHA to ensure that they
performed by the independent testing meet the minimum requirements pre-
laboratory of his choice. scribed in this part.
(c) Upon satisfactory completion by (b) MSHA shall not issue an informal
the independent testing laboratory of notification of approval.
the examination, inspection, and test-
ing requirements of this part, the data 28.21 Certificates of approval; con-
tents.
and results of such examination, in-
spection, and tests shall be certified by (a) Each certificate of approval shall
both the applicant and the laboratory contain a description of the fuse and a
and shall be sent for evaluation of such classification of its current-inter-
data and results to the U.S. Depart- rupting capacity and current rating.
ment of Labor, Mine Safety and Health (b) The certificate of approval shall
Administration, Approval and Certifi- specifically set forth any restrictions
cation Center, 765 Technology Drive, or limitations on the use of the fuse in
Triadelphia, WV 26059. Fees calculated providing short-circuit protection for
in accordance with part 5 of this title trailing cables.
shall be submitted in accordance with (c) Each certificate of approval shall
5.40. be accompanied by a reproduction of
(d) The certified data and results of the approval label or marking design,
the examinations, inspections, and as appropriate, to be employed by the
tests required by this part and sub- applicant with each approved fuse as
mitted to MSHA for evaluation shall be provided in 28.23.
accompanied by a proposed plan for (d) No test data or specific laboratory
quality control which meets the min- findings will accompany any certifi-
imum requirements set forth in Sub- cate of approval; however, MSHA will
part D of this part. release analyses of pertinent test data
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(e) Each applicant shall deliver to and specific findings upon receipt of a
MSHA at his own expense, three fuses written request by the applicant, or
of each size and type which may be when required by statute or regulation.
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28.22 30 CFR Ch. I (7114 Edition)
(e) Each certificate of approval shall (g) The use of any MSHA approval
also contain the approved quality con- label or marking obligates the appli-
trol plan as specified in 28.31. cant to whom it is issued to maintain
or cause to be maintained the approved
28.22 Notice of disapproval. quality control sampling procedure and
(a) If, upon completion of the evalua- the acceptable quality level for each
tion by MSHA conducted in accordance characteristic tested, and to guarantee
with 28.10, it is determined that the that the approved fuse is manufactured
fuse does not meet the minimum re- according to the specifications upon
quirements set forth in this part, which the certificate of approval is
MSHA shall issue a written notice of based.
disapproval to the applicant. (h) The use of any MSHA approval
(b) Each notice of disapproval shall label or marking obligates the appli-
be accompanied by all available find- cant to whom it is issued to retest the
ings with respect to the defects of the approved fuse within a 2-year period
fuse for which approval was sought from the date of the certificate of ap-
with a view to the possible correction proval, and every 2 years thereafter, in
of any such defects. accordance with the provisions of
(c) MSHA shall not disclose, except 28.10.
to the applicant upon written request
[37 FR 7562, Apr. 15, 1972, as amended at 43
or when required by statute or regula-
FR 12316, Mar. 24, 1978; 45 FR 68935, Oct. 17,
tion, any data, findings, or other infor- 1980]
mation with respect to any fuse for
which a notice of disapproval is issued. 28.24 Revocation of certificates of ap-
proval.
28.23 Approval labels or markings;
approval of contents; use. MSHA reserves the right to revoke,
for cause, any certificate of approval
(a) Approval labels shall bear the em-
issued pursuant to the provisions of
blem of the Mine Safety and Health
this part. Such causes include, but are
Administration, an approval number,
not limited to, misuse of approval la-
the restrictions, if any, placed upon the
bels and markings, misleading adver-
use of the fuse by MSHA, and where ap-
tising, violations of section 110(h) of
propriate, the applicants name and ad-
dress. the Federal Mine Safety and Health
Act of 1977 and failure to maintain or
(b) Upon receipt of a certificate of ap-
cause to be maintained the quality
proval, the applicant shall submit to
control requirements of the certificate
MSHA, for approval of contents, full-
scale reproductions of approval labels of approval.
or markings, as appropriate, and a [37 FR 7562, Apr. 15, 1972, as amended at 43
sketch or description of the method of FR 12316, Mar. 24, 1978]
application and position on the fuse,
together with instructions for the in- 28.25 Changes or modifications of ap-
stallation, use, and maintenance of the proved fuses; issuance of modifica-
fuse. tion of certificate of approval.
(c) Legible reproductions or abbre- (a) Each applicant may, if he desires
viated forms of the label or markings to change any feature of an approved
approved by MSHA shall be attached to fuse, request a modification of the
or printed on each fuse. original certificate of approval issued
(d) Each fuse shall be marked with by MSHA for such fuse by filing an ap-
the rating of the Underwriters Labora- plication for modification in accord-
tories, Inc. ance with the provisions of this sec-
(e) MSHA shall, where necessary, no- tion.
tify the applicant when additional la- (b) Applications, including fees, shall
bels, markings, or instructions will be be submitted as specified in 28.10 for
required. an original certificate of approval,
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(f) Approval labels or markings shall with a request for a modification of the
only be used by the applicant to whom existing certificate to cover any pro-
they were issued. posed change.
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Mine Safety and Health Admin., Labor 28.32
cept that the continuity and/or resist- issued by MSHA, and compliance with
ance characteristics of each fuse shall such plans by the applicant shall be a
be tested. Military Specification MIL condition of approval.
173
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28.33 30 CFR Ch. I (7114 Edition)
28.33 Quality control test methods, phone: 8888533512 (toll free); http://
equipment, and records; review by ulstandardsinfonet.ul.com.
MSHA; revocation of approval. (e) Fuses shall be capable of com-
(a) MSHA reserves the right to have pletely interrupting a current within 30
its representatives inspect the appli- milliseconds after initial current inter-
cants quality control test methods, ruption, and shall not show any evi-
equipment, and records, and to inter- dence of restriking after 30 milli-
view any employee or agent of the ap- seconds.
plicant in regard to quality control (f) The blown fuse shall show only su-
test methods, equipment, and records. perficial damage.
(b) MSHA reserves the right to re- [37 FR 7562, Apr. 15, 1972, as amended at 43
voke, for cause, any certificate of ap- FR 12316, Mar. 24, 1978; 60 FR 35694, July 11,
proval where it finds that the appli- 1995; 71 FR 16666, Apr. 3, 2006; 73 FR 52213,
cants quality control test methods, Sept. 9, 2008]
equipment, or records do not ensure ef-
fective quality control over the fuse for 28.41 Testing requirements; general.
which the approval was issued. (a) The open circuit voltage of the
test circuit shall be 300 volts d.c., or 600
Subpart EConstruction, Perform- volts d.c., depending on the voltage
ance, and Testing Require- rating of the fuse being tested.
ments (b) Time constant of the circuit (de-
fined as T=L/R, where T is the time in
28.40 Construction and performance seconds, L is the inductance in henries,
requirements; general. and R is the resistance in ohms) shall
(a) MSHA shall issue approvals for be as follows:
fuses for use with direct current in pro- (1) For 10,000 amperes and greater
viding short-circuit protection for currents, T=0.016 second or more;
trailing cables, when such fuses have (2) For 1,000 amperes to 10,000 am-
met the minimum construction, per- peres, T=0.008 second or more;
formance, and testing requirements set (3) For 100 amperes to 1,000 amperes,
forth in this subpart. T=0.006 second or more; and
(b) Fuses submitted to MSHA for ap- (4) For less than 100 amperes, T=0.002
proval will not be accepted unless they seconds or more.
are designed on sound engineering and (c) Test currents shall be as follows:
scientific principles, constructed of (1) 200 percent of rated current for
suitable materials, and evidence good fuses having 200 or less ampere rating,
workmanship. or 300 percent of rated current for fuses
(c) Fuses may be single-element or having greater than 200 ampere rating;
dual-element in type, however, they (2) 900 percent of rated current;
shall be capable of interrupting any di- (3) 10,000 amperes; and
rect current within a range from the (4) 20,000 amperes.
ampere rating of the fuse under consid- (d) The voltage shall continue to be
eration for approval up to 20,000 am- applied for at least 30 seconds after
peres. completion of circuit interruption.
(d) MSHA shall accept the fuse size (e) Five fuses of each case size shall
and ampere rating as specified in the be tested at each test current specified
Underwriters Laboratories, Inc., stand- in paragraph (c) of this section, with
ard for alternating current fuses (UL the value of the fuse being the max-
198), which is hereby incorporated by imum value for the case size.
reference and made a part hereof. This (f) Three of each lot of five fuses
document is available for examination shall be preconditioned at 95 5 percent
at the U.S. Department of Labor, Mine RH for not less than 5 days imme-
Safety and Health Administration, Ap- diately prior to testing; and the other
proval and Certification Center, 765 two fuses of each lot of five shall be
Technology Drive, Triadelphia, WV preconditioned by heating to 90 C. for
rmajette on DSK2TPTVN1PROD with CFR
26059, and copies of the document are 24 hours, and tested within 1 hour after
available from COMM 2000, 1414 Brook removal from the preconditioning
Drive, Downers Grove, IL 60515; Tele- chamber.
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Mine Safety and Health Admin., Labor 33.2
(g) At least three of each lot of five in coal mines to procure their certifi-
fuses shall be tested in a fuse holder of cation as permissible for use in coal
a trolley-tap type, and the fuse holder mines; procedures for applying for such
shall remain intact and shall readily certification; and fees.
accept and retain a replacement fuse.
33.2 Definitions.
PART 33DUST COLLECTORS FOR As used in this part:
USE IN CONNECTION WITH ROCK (a) Permissible, as applied to a dust
DRILLING IN COAL MINES collector, means that it conforms to
the requirements of this part, and that
Subpart AGeneral Provisions a certificate of approval to that effect
has been issued.
Sec. (b) Bureau means the United States
33.1 Purpose.
Bureau of Mines.
33.2 Definitions.
33.3 Consultation. (c) Certificate of approval means a for-
33.4 Types of dust collectors for which cer- mal document issued by MSHA stating
tificates of approval may be granted. that the dust collector unit or com-
33.5 [Reserved] bination unit has met the requirements
33.6 Application procedures and require- of this part, and authorizing the use
ments. and attachment of an official approval
33.7 Date for conducting tests. plate or a marking so indicating.
33.8 Conduct of investigations, tests, and
demonstrations. (d) Certificate of performance means a
33.9 Certification of dust-collecting sys- formal document issued by MSHA stat-
tems. ing that a dust-collecting system has
33.10 Certificates of approval or perform- met the test requirements of Subpart C
ance. of this part and therefore is suitable
33.11 Approval plates. for use as part of permissible units.
33.12 Changes after certification. (e) Dust-collector unit means a com-
33.13 Withdrawal of certification.
plete assembly of parts comprising ap-
Subpart BDust-Collector Requirements paratus for collecting the dust that re-
sults from drilling in rock in coal
33.20 Design and construction. mines, and is independent of the drill-
33.21 Modification of test equipment. ing equipment.
33.22 Mode of use.
(f) Combination unit means a rock-
33.23 Mechanical positioning of parts.
drilling device with an integral dust-
Subpart CTest Requirements collecting system, or mining equip-
ment with an integral rock-drilling de-
33.30 Test site. vice and dust-collecting system.
33.31 Test space. (g) Dust-collecting system means an as-
33.32 Determination of dust concentration.
33.33 Allowable limits of dust concentra-
sembly of parts comprising apparatus
tion. for collecting the dust that results
33.34 Drilling test. from drilling in rock and is dependent
33.35 Methods of drilling; dust-collector upon attachment to other equipment
unit. for its operation.
33.36 Method of drilling; combination unit (h) Applicant means an individual,
or dust-collecting system. partnership, company, corporation, as-
33.37 Test procedure.
sociation, or other organization that
33.38 Electrical parts.
designs and manufactures, assembles
AUTHORITY: 30 U.S.C. 957, 961. or controls the assembly of a dust-col-
SOURCE: Schedule 25B, 25 FR 6473, July 9, lecting system, dust-collector unit, or
1960, unless otherwise noted. a combination unit, and seeks certifi-
cation thereof.
Subpart AGeneral Provisions (i) MSHA means the United States
Department of Labor, Mine Safety and
33.1 Purpose. Health Administration.
rmajette on DSK2TPTVN1PROD with CFR
The regulations in this part set forth [Sched. 25B, 25 FR 6473, July 9, 1960, as
the requirements for dust collectors amended at 39 FR 24005, June 28, 1974; 43 FR
used in connection with rock drilling 12317, Mar. 24, 1978]
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33.3 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor 33.8
(1) Details of all dust-collector parts. dition, complete in all respects, and in
A manufacturer who supplies the appli- agreement with the drawings and spec-
cant with component parts or sub- as- ifications filed with MSHA.
semblies may submit drawings and (i) With the application the applicant
specifications of such parts or sub- shall furnish MSHA with complete in-
assemblies direct to MSHA instead of structions for operating and servicing
to the applicant. If the unit or system the unit or system and information as
is certified, MSHA will supply the ap- to the kind of power required. After
plicant with a list, in duplicate, of MSHAs investigation, if any revision
drawing numbers pertaining to such of the instructions is required a revised
parts or subassemblies for identifica- copy thereof shall be submitted to
tion purposes only. MSHA for inclusion with the drawings
(2) Details of the electrical parts of and specifications.
units designed to operate as face equip-
ment (see 33.38) in accordance with [Sched. 25B, 25 FR 6473, July 9, 1960, as
the provisions of Part 18 of Subchapter amended at 43 FR 12317, Mar. 24, 1978; 47 FR
14696, Apr. 6, 1982; 47 FR 28095, June 29, 1982;
D of this chapter. (Bureau of Mines 60 FR 33723, June 29, 1995; 68 FR 36422, June
Schedule 2, revised, the current revi- 17, 2003; 70 FR 46343, Aug. 9, 2005; 73 FR 52213,
sion of which is Schedule 2F). Sept. 9, 2008]
(3) Storage capacity of the various
stages of dust collection in the dust 33.7 Date for conducting tests.
separator.
The date of acceptance of an applica-
(4) Net filter area in the dust sepa-
tion will determine the order of prece-
rator, and complete specifications of
dence for testing when more than one
the filtering material.
(e) If an application is made for cer- application is pending, and the appli-
tification of a dust-collector unit or a cant will be notified of the date on
combination unit that includes elec- which tests will begin. If a unit or sys-
trical parts, and is designed to operate tem fails to meet any of the require-
as electric face equipment, as defined ments, it shall lose its order of prece-
in 33.38, the application shall be in dence. If an application is submitted to
triplicate. resume testing after correction of the
(f) The application shall state that cause of failure, it will be treated as a
the unit or system is completely devel- new application and the order of prece-
oped and of the design and materials dence for testing will be so determined.
which the applicant believes to be suit-
33.8 Conduct of investigations, tests,
able for a finished marketable product. and demonstrations.
(g) The applicant shall furnish a com-
plete unit or system for inspection and (a) Prior to the issuance of a certifi-
testing. Spare parts, such as gaskets cate of approval or performance, nec-
and other expendable components sub- essary government personnel, rep-
ject to wear in normal operation, shall resentatives of the applicant, and such
be supplied by the applicant to permit other persons as may be mutually
continuous operation during test peri- agreed upon, may observe the inves-
ods. If special tools are necessary to tigations or tests. MSHA shall hold as
disassemble any part for inspection or confidential and shall not disclose
test, they shall be furnished by the ap- principles or patentable features, nor
plicant. shall it disclose any details of draw-
(h) Each unit or system shall be care- ings, specifications, and related mate-
fully inspected before it is shipped rials. After the issuance of a certifi-
from the place of manufacture or as- cate, MSHA may conduct such public
sembly and the results of the inspec- demonstrations and tests of the unit or
tion shall be recorded on a factory-in- system as it deems appropriate. The
spection form. The applicant shall fur- conduct of all investigations, tests, and
nish MSHA with a copy of the factory- demonstrations shall be under the di-
inspection form with his application. rection and control of MSHA, and any
rmajette on DSK2TPTVN1PROD with CFR
The form shall direct attention to the other persons shall be present only as
points that must be checked to make observers, except as noted in paragraph
certain that all parts are in proper con- (b) of this section.
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33.9 30 CFR Ch. I (7114 Edition)
(b) When requested by MSHA, the ap- sign a P/T file number in the certifi-
plicant shall provide assistance in dis- cation letter.
assembling parts for inspection, pre-
paring parts for testing, and operating 33.10 Certificates of approval or per-
combination units. formance.
(a) Upon completion of an investiga-
[Sched. 25B, 25 FR 6473, July 9, 1960, as tion, MSHA will issue to the applicant
amended at 39 FR 24005, June 28, 1974]
either a certificate or a written notice
33.9 Certification of dust-collecting of disapproval, as they case may re-
systems. quire. No informal notification of ap-
proval will be issued. If a certificate is
Manufacturers of dust-collecting sys- issued, no test data or detailed results
tems that are designed for integral use of tests will accompany it. If a notice
on machines with drilling equipment of disapproval is issued, it will be ac-
may apply to MSHA to issue a certifi- companied by details of the defects,
cate of performance for such systems. with a view to possible correction.
To qualify for a certificate of perform- MSHA will not disclose, except to the
ance, the dust-collecting system shall applicant, any information on a unit or
have met satisfactorily the test re- system upon which a notice of dis-
quirements of Subpart C under speci- approval has been issued.
fied operating conditions, such as type (b) A certificate will be accompanied
of drilling equipment, drilling speed, by a list of the drawings and specifica-
and power requirements and the con- tions covering the details of design and
struction thereof shall be adequately construction of the unit or system, in-
covered by specifications and drawings cluding the electrical parts, if applica-
officially recorded and filed with ble, upon which the certificate is based.
MSHA. Individual parts of dust-col- Applicants shall keep exact duplicates
lecting systems will not be certified for of the drawings and specifications sub-
performance. Certificates of perform- mitted and the list of drawing numbers
ance may be cited to fabricators of referred to in 33.6(d)(1) that relate to
combination units as evidence that fur- the certified unit or system, and these
ther inspection and testing of the dust- are to be adhered to exactly in produc-
collecting system will not be required, tion.
provided the dust-collecting require-
ments of the drilling equipment do not 33.11 Approval plates.
exceed the limits of performance for (a) A certificate of approval will be
which the system was certified. Since accompanied by a photograph of a de-
MSHA does not sanction the use of the sign for an approval plate, bearing the
words permissible or approved ex- emblem of the Mine Safety and Health
cept as applying to completely assem- Administration, the name of the appli-
bled equipment, dust-collecting sys- cant, the name of the unit, the ap-
tems, which have been certified only as proval number or space for the ap-
to performance, shall not be advertised proval number (or numbers if permissi-
or labeled in a manner inferring that bility of electrical parts is involved),
such systems themselves are permis- spaces for the type and the serial num-
sible or approved by MSHA. However, a bers of the unit, conditions of approval,
certified system may be advertised as and identifying numbers of the dust-
suitable for use on combination units collector parts. When deemed nec-
for which certification may be desired essary by MSHA, an appropriate state-
if the limits of its performance are ment shall be added, giving the pre-
cited. Certified dust-collecting systems cautions to be observed in maintaining
shall bear labels or tags which shall the unit in an approved condition.
contain the following: Performance- (b) An approval plate for a unit de-
tested Dust Collecting, System, MSHA signed for use in a nongassy coal mine
File No. P/Tllll, and name of shall state that any electrical parts are
manufacturer, identifying numbers of not certified for use in a gassy coal
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Mine Safety and Health Admin., Labor 33.20
torys independence and current rec- tions of components and materials can-
ognition by a laboratory accrediting not be foreseen, MSHA reserves the
organization; right to modify the tests specified in
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33.21 30 CFR Ch. I (7114 Edition)
this part in such manner to obtain sub- (b) No mechanical ventilation shall
stantially the same information and be provided in the test space during a
degree of protection as provided by the drilling test, except such air movement
tests described in Subpart C of this as may be induced by operation of
part. drilling- or dust-collecting equipment.
(b) Adequacy of design and construc- (c) All parts of a unit or system shall
tion of a unit or system will be deter- be within the test space during a drill-
mined in accordance with its ability (1) ing test.
to prevent the dissemination of objec-
tionable or harmful concentrations of 33.32 Determination of dust con-
centration.
dust into a mine atmosphere, and (2) to
protect against explosion and/or fire (a) Concentrations of airborne dust in
hazards of electrical equipment, except the test space shall be determined by
as provided in 33.38(b). sampling with a midget impinger appa-
ratus, and a light-field microscopic
33.21 Modification of test equipment. technique shall be employed in deter-
For test purposes the unit or system mining concentrations of dust in terms
may be modified, such as by attaching of millions of particles (5 microns or
instruments or measuring devices, at less in diameter) per cubic foot of air
MSHAs discretion; but such modifica- sampled.
tion shall not alter its performance. (b) Before a drilling test is started
the surfaces of the test space shall be
33.22 Mode of use. wetted; the test space shall be cleared
(a) A unit or system may be designed of air-borne dust insofar as practicable
for use in connection with percussion by mechanical ventilation or other
and/or rotary drilling in any combina- means; and an atmospheric sample,
tion of the following drilling positions: designated as a control sample, shall be
(1) Vertically upward, (2) upward at an- collected during a 5-minute period to
gles to the vertical, (3) horizontally, determine residual airborne dust in the
and (4) downward. test space.
(b) Dust-collector units may be de- (c) A sample of airborne dust, des-
signed for use with specific drilling ignated as a test sample, shall be col-
equipment or at specific drilling lected in the breathing zone of the drill
speeds. operators during the drilling of each
test hole. Time consumed in changing
33.23 Mechanical positioning of drill steel shall not be considered as
parts. drilling time and sampling shall be dis-
All parts of a unit that are essential continued during such periods.
to the dust-collection feature shall be [Sched. 25B, 25 FR 6473, July 9, 1960, as
provided with suitable mechanical amended at 26 FR 2599, Mar. 28, 1961]
means for positioning and maintaining
such parts properly in relation to the 33.33 Allowable limits of dust con-
stratum being drilled. centration.
(a) The concentration of dust deter-
Subpart CTest Requirements mined by the control sample shall be
subtracted from the average concentra-
33.30 Test site. tion of dust determined by the test
Tests shall be conducted at an appro- samples collected at each drill opera-
priate location determined by MSHA. tors position, and the difference shall
be designated as the net concentration
[39 FR 24005, June 28, 1974] of airborne dust. Calculations of the
average concentration of dust deter-
33.31 Test space. mined from the test samples shall be
(a) Drilling tests shall be conducted based upon the results of not less than
in a test space formed by two curtains 80 percent of each set of test samples.
suspended across a mine opening in (b) Under each prescribed test condi-
rmajette on DSK2TPTVN1PROD with CFR
such a manner that the volume of the tion, the net concentration of airborne
test space shall be approximately 2,000 dust at each drill operators position
cubic feet. shall not exceed 10 million particles (5
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Mine Safety and Health Admin., Labor 33.37
microns or less in diameter) per cubic shall be sharp when starting to drill
foot of air when determined in accord- each set of 10 holes. In roof drilling,
ance with the method given in 114- and 112-inch diameter drill bits
33.32(a). shall be used; in horizontal and down
[Sched. 25B, 25 FR 6473, July 9, 1960, as
drilling, 134-inch diameter bits shall be
amended at 26 FR 2599, Mar. 28, 1961] used. The drill steel shall be 78-inch
hexagonal and of hollow type to permit
33.34 Drilling test. the introduction of compressed air
(a) A drilling test shall consist of through the drill steel when necessary
drilling a set of 10 test holes, without to clean a hole during drilling.
undue delay, under specified operating (c) Rotary drilling. A hydraulic-rotary
conditions. When the test involves the drill with a rated drilling speed of 18
control of dust from more than one feet per minute free lift, capable of ro-
drill, all the drills shall be used in the tating drill steel at 900 revolutions per
intended manner to complete the set of minute with 100 foot-pounds torque,
test holes. and having a feed force of 7,000 pounds,
(b) Holes shall be drilled to a depth of shall be used for roof drilling. An elec-
4 feet plus or minus 2 inches and shall tric-rotary drill, supported by a post
be spaced so as not to interfere with mounting, with a rated drilling speed
adjacent holes. Each hole may be of 30 inches per minute and powered by
plugged after completion. a 2.25 horsepower motor, shall be used
(c) Receptacles and filters for col- for horizontal drilling. For roof drill-
lecting drill cuttings shall be emptied ing, the bits shall be hard-tipped, 138
and cleaned before each drilling test is and 112 inches outside diameter, and
started. 114-inch auger-type drill steel shall be
(d) Holes designated as vertical used. For horizontal drilling, the bits
shall be drilled to incline not more shall be hard-tipped, 2 inches outside
than 10 degrees to the vertical. Holes diameter, and 134-inch auger-type drill
designated as angle shall be drilled steel shall be used. Drill bits shall be
to incline not less than 30 and not more sharp when starting to drill each set of
than 45 degrees to the vertical. Holes 10 holes.
designated as horizontal shall be
drilled to incline not more than 15 de- 33.36 Method of drilling; combination
grees to the horizontal. unit or dust-collecting system.
Drilling shall be conducted in accord-
[Sched. 25B, 25 FR 6473, July 9, 1960, as
amended at 26 FR 2599, Mar. 28, 1961] ance with the applicants specifications
and operating instructions. If special
33.35 Methods of drilling; dust-col- drill bits or drill steel are required,
lector unit. they shall be furnished to MSHA by the
(a) General. All drilling shall be done applicant. Otherwise the drill bit and
with conventional, commercial drilling drill steel requirements stated in para-
equipmentpneumatic-percussion, hy- graphs (b) and (c) of 33.35 shall be
draulic-rotary, and/or electric-rotary complied with for all types of combina-
typesin accordance with the appli- tion units or dust-collecting systems.
cants specifications.
33.37 Test procedure.
(b) Pneumatic-percussion drilling. A
stoper-type drill with a piston diame- (a) Roof drilling: Drilling shall be
ter of 212 to 3 inches shall be used for done in friable strata, similar to the
roof drilling, A hand-held, sinker-type roof in the Bureaus Experimental
drill with a piston diameter of 212 to 3 Mine, which tends to produce large
inches shall be used for down drilling scale-like cuttings.
and also for horizontal drilling, except (b) Horizontal drilling: Drilling shall
that the drill shall be supported me- be done in strata comparable in hard-
chanically. Compressed air for oper- ness to that of coal-mine draw slate.
ating the drill shall be supplied at a Holes shall be started near the roof of
rmajette on DSK2TPTVN1PROD with CFR
gage pressure of 8595 pounds per the test space under conditions simu-
square inch. Drill bits shall be detach- lating the drilling of draw slate in coal
able, cross type with hard inserts, and mining.
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33.38 30 CFR Ch. I (7114 Edition)
35.7 Date for conducting tests. fire resistant as such but when mixed
35.8 Conduct of investigations, tests, and with water or other vehicle in accord-
demonstrations. ance with instructions furnished by the
182
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Mine Safety and Health Admin., Labor 35.6
applicant will constitute a fire-resist- Labor, Mine Safety and Health Admin-
ant hydraulic fluid. istration, Approval and Certification
(f) Applicant means an individual, Center, 765 Technology Drive,
partnership, company, corporation, as- Triadelphia, WV 26059. Fees calculated
sociation, or other organization that in accordance with part 5 of this title
manufactures, compounds, refines, or shall be submitted in accordance with
otherwise produces, a fire-resistant hy- 5.40.
draulic fluid or a concentrate for the (2) Where the applicant for approval
production thereof, and seeks a certifi- has used an independent laboratory
cate of approval.
under part 6 of this chapter to perform,
[Sched. 30, 24 FR 10201, Dec. 17, 1959, as in whole or in part, the necessary test-
amended at 39 FR 24005, June 28, 1974; 43 FR ing and evaluation for approval under
12317, Mar. 24, 1978]
this part, the applicant must provide
35.3 Consultation. to MSHA as part of the approval appli-
cation:
By appointment, applicants or their
(i) Written evidence of the labora-
representatives may visit the U.S. De-
partment of Labor, Mine Safety and torys independence and current rec-
Health Administration, Approval and ognition by a laboratory accrediting
Certification Center, 765 Technology organization;
Drive, Triadelphia, WV 26059, to discuss (ii) Complete technical explanation
with qualified MSHA personnel pro- of how the product complies with each
posed fluids to be submitted in accord- requirement in the applicable MSHA
ance with the regulations of this part.. product approval requirements;
No charge is made for such consulta- (iii) Identification of components or
tion and no written report thereof will features of the product that are critical
be submitted to the applicant. to the safety of the product; and
[Sched. 30, 24 FR 10201, Dec. 17, 1959, as (iv) All documentation, including
amended at 43 FR 12317, Mar. 24, 1978; 60 FR drawings and specifications, as sub-
35694, July 11, 1995; 73 FR 52213, Sept. 9, 2008] mitted to the independent laboratory
by the applicant and as required by
35.4 Types of hydraulic fluid for this part.
which certificates of approval may
be granted. (3) An applicant may request testing
and evaluation to non-MSHA product
Certificates of approval will be grant-
safety standards which have been de-
ed for completely compounded or
termined by MSHA to be equivalent,
mixed fluids and not for individual in-
under 6.20 of this chapter, to MSHAs
gredients; except that when a con-
centrate is submitted for testing, com- product approval requirements under
plete instructions for mixing with this part.
water or other vehicle shall be fur- (b) Descriptions and specifications
nished to MSHA, together with the ve- shall be adequate in detail to identify
hicle other than water, and the ap- fully the composition of the hydraulic
proval will cover only the specific mix- fluid and to disclose its characteristics.
ture that constitutes the hydraulic Descriptions and specifications shall
fluid for use in coal mines. include:
(1) An identifying name or number of
35.5 [Reserved] the fluid or concentrate for the produc-
35.6 Application procedures and re- tion thereof.
quirements. (2) Pour point, F.; freezing point, F.;
color; neutralization number or pH;
(a)(1) No investigation or testing will
be undertaken by MSHA except pursu- viscosity at 100 F., 150 F., 175 F.
ant to a written application accom- (Saybolt or Furol); viscosity index; spe-
panied by all descriptions, specifica- cific gravity.
tions, test samples, and related mate- (3) A statement of the water or other
rmajette on DSK2TPTVN1PROD with CFR
rials. The application and all related vehicle content in percent by weight or
matters and correspondence shall be volume and how it affects fire resist-
addressed to: U.S. Department of ance of the hydraulic fluid. If water is
183
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35.7 30 CFR Ch. I (7114 Edition)
the vehicle, the statement shall in- ministration, Approval and Certifi-
clude the applicants method for deter- cation Center, 765 Technology Drive,
mining water content quickly in the Triadelphia, WV 26059.
field.
[Sched. 30, 24 FR 10201, Dec. 17, 1959, as
(c) The application shall state wheth- amended at 43 FR 12317, Mar. 24, 1978; 60 FR
er the fluid submitted for test is toxic 35694, July 11, 1995; 68 FR 36422, June 17, 2003;
or irritating to the skin and what pre- 70 FR 46344, Aug. 9, 2005; 73 FR 52213, Sept. 9,
cautions are necessary in handling it. 2008]
(d) The application shall state that
the applicant has tested the fluid 35.7 Date for conducting tests.
which he believes to have fire-resistant The date of acceptance of an applica-
properties, the basis for such deter- tion will determine the order of prece-
mination, and submit with his applica- dence for testing when more than one
tion the data resulting from the appli- application is pending, and the appli-
cants use or laboratory tests to deter- cant will be notified of the date on
mine the fire-resistant properties of which tests will begin. However, not
the fluid. more than two fluids will be tested
(e) The application shall contain evi- consecutively for one applicant pro-
dence that the fluid has lubricating vided other applications are pending. If
and hydraulic properties and is satis- a fluid fails to meet any of the require-
factory for use in underground mining ments, it shall lose its order of prece-
machinery; and shall state that the dence. If an application is submitted to
fluid, or concentrate for the production resume testing after correction of the
thereof, is fully developed and is of the course of failure, it will be treated as a
composition that the applicant be- new application and the order of prece-
lieves to be a suitable marketable dence for testing will be so determined.
product.
(f) The application shall state the na- 35.8 Conduct of investigations, tests,
ture, adequacy, and continuity of con- and demonstrations.
trol of the constituents of the fluid to Prior to the issuance of a certificate
maintain its fire-resistant characteris- of approval, necessary Government per-
tics and how each lot will be sampled sonnel, representatives of the appli-
and tested to maintain its protective cant, and such other persons as may be
qualities. MSHA reserves the right to mutually agreed upon, may observe the
have its qualified representative(s) in- investigations or tests. MSHA shall
spect the applicants control-test hold as confidential and shall not dis-
equipment, procedures, and records, close features of this hydraulic fluid
and to interview the personnel who such as the chemical analysis, speci-
conduct the control tests to satisfy fications, descriptions, and related ma-
MSHA that the proper procedure is terial. After issuing a certificate of ap-
being followed to insure that the fire- proval MSHA may conduct such public
resistant qualities of the hydraulic demonstrations and tests of the ap-
fluid are maintained. proved hydraulic fluid as it deems ap-
(g) When MSHA notifies the appli- propriate. The conduct of all investiga-
cant that the application will be ac- tions, tests, and demonstrations shall
cepted, it will also notify him as to the be under the direction and control of
number of samples and related mate- MSHA, and any other persons shall be
rials that will be required for testing. present only as observers.
Ordinarily a 5-gallon sample of hydrau-
lic fluid will be required provided that [Sched. 30, 24 FR 10201, Dec. 17, 1959, as
it is a finished product or, if in con- amended at 39 FR 24005, June 28, 1974]
centrate form, enough shall be fur-
nished to make a 5-gallon sample when 35.9 Certificates of approval.
mixed with water or other vehicle ac- (a) Upon completion of an investiga-
cording to the applicants instructions. tion of a hydraulic fluid MSHA will
All samples and related materials re- issue to the applicant either a certifi-
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Mine Safety and Health Admin., Labor 35.12
fire-resistant hydraulic fluid upon this part, the applicant must provide
which the certificate of approval was to MSHA as part of the approval appli-
based. cation:
185
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35.13 30 CFR Ch. I (7114 Edition)
and into which the test sample is in- shall be considered nonflammable at
jected, shall be a commercial 200 ml. the test temperature, and the timer
borosilicate glass Erlenmeyer flask. shall be stopped. The test flask shall
186
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Mine Safety and Health Admin., Labor 35.21
then be flushed well with clean dry air which are described in paragraph (b)(4)
and, after a lapse of 15 minutes or of this section.
more, the test shall be repeated with (b) Description of apparatus. (1) A 3-
the test flask temperature raised 50 F. quart pressure vessel, with the nec-
2 F. above the first test temperature. essary connections, valves, and heating
(ii) If ignition (flame) is observed in 5 elements, shall be used for containing
minutes or less after the injection of and heating the fluid under the test
the test sample (0.07 cc.), the time lag conditions as specified hereinafter.
(time interval) shall be noted. After an (2) An atomizing round-spray nozzle,
ignition occurs the temperature of the having a discharge orifice of 0.025-inch
test flask shall be reduced 5 F., and diameter, capable of discharging 3.28
the test procedure repeated in gallons of water per hour with a spray
decrements of 5 F. until ignition no angle of 90 degrees at a pressure of 100
longer occurs and this temperature p.s.i., shall be connected to the pres-
shall be noted as the first nonignition sure vessel.
test temperature for the 0.07 cc. sam- (3) A commercial pressurized cyl-
ple. inder, containing nitrogen with the
(iii) The temperature shall be in- customary regulators, valves, tubing,
creased 50 F. 2 F. above the first and connectors, shall be used to supply
nonignition test temperature, and the nitrogen to the pressure vessel de-
ignition-temperature test procedure scribed in paragraph (b) (1) of this sec-
shall be repeated with a 0.10 cc. test tion.
sample injected into the heated test (4) Three igniting devices shall pro-
flask. vide three different sources of ignition
(iv) If the lowest temperature at as follows:
which ignition occurs with the 0.10 cc. (i) A metal trough with a metal cover
sample (in decrements of 5 F.) is lower in which cotton waste soaked in ker-
than that obtained with the 0.07 cc. osene is ignited.
sample, the ignition-temperature test (ii) An electric arcing device in which
procedure shall be repeated using a test the arc is produced by a 12,000-volt
sample of 0.12 cc., then 0.15 cc., and so transformer.
on by increments of 0.03 cc. until the (iii) A propane torchBernzomatic or
lowest ignition temperature is ob- equivalent.
tained. (5) A means of measuring distances
(v) If the lowest temperature at from the nozzle tip to the igniting de-
which ignition is obtained with the 0.10 vice shall be provided.
cc. sample is greater than that ob- (c) Test procedures. (1) A 212-quart
tained with the 0.07 cc. sample, the ig- sample of the fluid shall be poured into
nition temperature test procedure shall the pressure vessel and heated to a
be repeated by reducing the test sam- temperature of 150 F. The temperature
ple to 0.05 cc. and then to 0.03 cc. until shall be maintained at not less than 145
the lowest ignition temperature is ob- F. or not more than 155 F. during the
tained. test.
(d) Appraisal of test. A fluid shall be (2) Nitrogen shall be introduced into
considered fire-resistant, according to the vessel at 150 p.s.i.g.
the test requirements of this section: (3) The fluid shall be sprayed at each
Provided, That in no instance of the ig- igniting device, described in paragraph
nition-temperature test procedure, as (b) (4) of this section, which is moved
stated in this section, shall the igni- along the trajectory of the spray. Each
tion temperature of the test sample be igniting device shall be held in the
less than 600 F. spray at different distances from the
nozzle tip for one minute or until the
35.21 Temperature-pressure spray-ig- flame or arc is extinguished (if less
nition tests. than one minute) to determine this
(a) Purpose. The purpose of this test fire-resistant characteristic of the
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35.22 30 CFR Ch. I (7114 Edition)
do not result in an ignition of any sam- (3) Each of five 2-inch lengths of pipe
ple of fluid or if an ignition of a sample cleaner shall be soaked separately for a
does not result in flame propagation period of 2 minutes in the test sample
for a time interval not exceeding 6 sec- that remained at room temperature.
onds at a distance of 18 inches or more Each pipe cleaner shall then be re-
from the nozzle tip to the center of moved from the test sample and per-
each igniting device, it shall be consid- mitted to drain freely until all excess
ered fire resistant, according to the fluid is expelled from it. Each soaked
test requirements of this section. pipe cleaner shall be attached to the
cycling device, the mechanism started,
35.22 Test to determine effect of and the pipe cleaner permitted to enter
evaporation on flammability.
and leave the burner flame, as de-
(a) Purpose. The purpose of this test scribed in paragraph (c) (2) of this sec-
shall be to determine the effect of tion, until a self-sustaining flame shall
evaporation on the reduction of fire re- be observed on the pipe cleaner. The
sistance of a hydraulic fluid. number of cycles necessary to obtain a
(b) Description of apparatus(1) Petri self-sustaining flame shall be noted
dish. Standard laboratory Petri dishes, and averaged for each of the five
approximately 90 mm. by 16 mm., shall soaked pipe cleaners.
be used to contain the test samples. (4) After one test sample has re-
(2) Oven. A gravity convection air mained in the oven for a period of 2
oven, capable of maintaining the speci- hours, the Petri dish containing it
fied evaporation temperature constant shall be removed from the oven and al-
within 2 F., shall be used in the test. lowed to cool to room temperature,
(3) Pipe cleaner. An ordinary smokers after which 5 lengths of 2-inch pipe
pipe cleaner (U.S. Tobacco Co., Dills or cleaner shall be soaked separately in
equivalent) shall be used in the test the test sample for a period of 2 min-
procedure, described in paragraph (c) of utes. Then the test procedure stated in
this section. paragraph (c) (3) of this section shall be
(c) Test procedures. (1) Three 30-milli- repeated.
liter samples of the fluid shall be
(5) After one test sample has re-
placed in uncovered Petri dishes. Two
mained in the oven for a period of 4
of these samples shall be inserted in
hours, the Petri dish containing it
the oven, that shall have been heated
shall be removed from the oven and al-
to a temperature of 150 F., 2 F.,
lowed to cool to room temperature,
which shall be maintained throughout
after which 5 lengths of 2-inch pipe
this test. The third sample shall re-
main at room temperature. cleaner shall be soaked separately in
(2) An electrically operated cycling the test sample for a period of 2 min-
device, such as an automobile wind- utes. Then the test procedure stated in
shield wiper mechanism, shall be oscil- paragraph (c) (3) of this section shall be
lated in a horizontal plane, 25 2 cycles repeated.
per minute. A pipe cleaner shall be at- (d) Appraisal of tests. To be deter-
tached to the device so that it will mined as fire resistant according to the
enter and leave a flame of a standard test requirements of this section, the
(Bunsen or equivalent) laboratory three following results shall be
burner, which is adjusted to provide a achieved:
nonluminous flame approximately 4 (1) The average number of cycles be-
inches in height without forming a fore attaining a self-sustaining flame
sharp inner cone. The cycling device in the test described in paragraph (c)
shall be so arranged that when a 2-inch (3) of this section shall be 24 or more.
length of pipe cleaner is attached (2) The average number of cycles be-
thereto the exposed end shall describe fore attaining a self-sustaining flame
an arc with a radius of 4 inches 18 in the test described in paragraph (c)
inch. The cycling device shall be so ar- (4) of this section shall be 18 or more.
ranged that when the 2-inch length of (3) The average number of cycles be-
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Mine Safety and Health Admin., Labor 36.2
35.23 Performance required for cer- 36.47 Tests of exhaust-gas cooling system.
tification. 36.48 Tests of surface temperature of engine
and components of the cooling system.
To qualify as fire-resistant under the 36.49 Tests of exhaust-gas dilution system.
regulations of this part, a hydraulic 36.50 Tests of fuel tank.
fluid shall meet each performance re-
quirement and stated in 35.20(d), AUTHORITY: 30 U.S.C. 957, 961.
35.21(d), and 35.22(d). SOURCE: Schedule 31, 26 FR 645, Jan. 24,
1961, unless otherwise noted.
PART 36APPROVAL REQUIRE-
MENTS FOR PERMISSIBLE MOBILE Subpart AGeneral Provisions
DIESEL-POWERED TRANSPOR-
TATION EQUIPMENT 36.1 Purpose.
The regulations in this part set forth
Subpart AGeneral Provisions the requirements for mobile diesel-
Sec.
powered transportation equipment to
36.1 Purpose. procure their approval and certifi-
36.2 Definitions. cation as permissible; procedures for
36.3 Consultation. applying for such certification; and
36.4 Mobile diesel-powered transportation fees.
equipment for which certificates of ap-
proval may be granted. [61 FR 55525, Oct. 25, 1996]
36.5 Letters of certification.
36.6 Application procedures and require- 36.2 Definitions.
ments.
36.7 [Reserved]
The following definitions apply in
36.8 Date for conducting tests. this part.
36.9 Conduct of investigations, tests, and Applicant An individual, partnership,
demonstrations. company, corporation, association, or
36.10 Certificate of approval. other organization, that designs, man-
36.11 Approval plates. ufactures, assembles, or controls the
36.12 Changes after certification.
assembly and that seeks a certificate
36.13 Withdrawal of certification.
of approval or preliminary testing of
Subpart BConstruction and Design mobile diesel-powered transportation
Requirements equipment as permissible.
Certificate of approval. A formal docu-
36.20 Quality of material, workmanship, and ment issued by MSHA stating that the
design.
36.21 Engine for equipment considered for
complete assembly has met the re-
certification. quirements of this part for mobile die-
36.22 Fuel-injection system. sel-powered transportation equipment
36.23 Engine intake system. and authorizing the use and attach-
36.24 Engine joints. ment of an official approval plate so in-
36.25 Engine exhaust system. dicating.
36.26 Composition of exhaust gas. Component. A piece, part, or fixture
36.27 Fuel-supply system.
36.28 Signal or warning device.
of mobile diesel-powered transpor-
36.29 Brakes. tation equipment that is essential to
36.30 Rerailing device. its operation as a permissible assem-
36.31 Fire extinguisher. bly.
36.32 Electrical components and systems. Diesel engine. A compression-ignition,
36.33 Headlights and fixtures. internal-combustion engine that uti-
lizes diesel fuel.
Subpart CTest Requirements
Explosion proof. A component or sub-
36.40 Test site. assembly that is so constructed and
36.41 Testing methods. protected by an enclosure and/or flame
36.42 Inspection. arrester (s) that if a flammable mix-
36.43 Determination of exhaust-gas com-
ture of gas is ignited within the enclo-
position.
36.44 Maximum allowable fuel:air ratio. sure it will withstand the resultant
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36.3 30 CFR Ch. I (7114 Edition)
prevent the discharge of flame or igni- sultation and no written report thereof
tion of any flammable mixture that will be submitted to the applicant.
surrounds the enclosure. [Sched. 31, 26 FR 645, Jan. 24, 1961, as amend-
Flame arrester. A device so con- ed at 43 FR 12318, Mar. 24, 1978; 60 FR 35695,
structed that flame or sparks from the July 11, 1995; 73 FR 52213, Sept. 9, 2008]
diesel engine cannot propagate an ex-
plosion of a flammable mixture 36.4 Mobile diesel-powered transpor-
through it. tation equipment for which certifi-
Flammable mixture. A mixture of gas, cates of approval may be granted.
such as methane, natural gas, or simi- Certificates of approval will be grant-
lar hydrocarbon gas with normal air, ed for completely assembled mobile
that will propagate flame or explode diesel-powered transportation equip-
violently when initiated by an ment only. Subassemblies or compo-
incendive source. nents may be granted letters of certifi-
Fuel-air ratio. The composition of the cation in accordance with 36.5.
mixture of fuel and air in the combus-
tion chamber of the diesel engine ex- 36.5 Letters of certification.
pressed as weight-pound of fuel per When a component or subassembly
pound of air. meets all of the applicable require-
MSHA. The United States Depart- ments of Subparts B and C of this part,
ment of Labor, Mine Safety and Health and also its normal operation will not
Administration. be affected by connection to adjacent
Mobile diesel-powered transportation components or subassemblies, MSHA
equipment. Equipment that is: will issue to the applicant, upon his re-
(1) Used for transporting the product quest, a letter of certification inform-
being mined or excavated, or for trans- ing him that additional inspection or
porting materials and supplies used in tests of the component or subassembly
mining or excavating operations; will not be required when it is incor-
(2) Mounted on wheels or crawler
porated without modification in a
treads (tracks); and
piece of completely assembled mobile
(3) Powered by a diesel engine as the
diesel-powered transportation equip-
prime mover.
ment. The applicant may cite this let-
Normal operation. When each compo-
ter of certification to another appli-
nent and the entire assembly of the
cant who seeks approval and certifi-
mobile diesel-powered transportation
cation of his completely assembled mo-
equipment performs the functions for
bile diesel-powered transportation
which they were designed.
equipment and who desires to incor-
Permissible. As applied to mobile die-
porate the component or subassembly
sel-powered transportation equipment,
in such equipment.
this means that the complete assembly
conforms to the requirements of this 36.6 Application procedures and re-
part, and that a certificate of approval quirements.
to that effect has been issued.
(a)(1) No investigation or testing will
Subassembly. A group or combination
be undertaken by MSHA except pursu-
of components.
ant to a written application accom-
[61 FR 55525, Oct. 25, 1996] panied by all descriptions, specifica-
tions, test samples, and related mate-
36.3 Consultation. rials. The application and all related
By appointment, applicants or their matters and correspondence shall be
representatives may visit the U.S. De- addressed to: U.S. Department of
partment of Labor, Mine Safety and Labor, Mine Safety and Health Admin-
Health Administration, Approval and istration, Approval and Certification
Certification Center, 765 Technology Center, 765 Technology Drive,
Drive, Triadelphia, WV 26059, to discuss Triadelphia, WV 26059. Fees calculated
with qualified MSHA personnel pro- in accordance with part 5 of this title
posed mobile diesel-powered transpor- shall be submitted in accordance with
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Mine Safety and Health Admin., Labor 36.6
under part 6 of this chapter to perform, (3) Except for equipment utilizing
in whole or in part, the necessary test- part 7, subpart F power packages, a
ing and evaluation for approval under schematic drawing of the fuel system
this part, the applicant must provide showing piping, connections, fuel fil-
to MSHA as part of the approval appli- ters, fuel-injection pump, and mechan-
cation: ical governor assembly. All compo-
(i) Written evidence of the labora- nents shall be identified to permit ad-
torys independence and current rec- justment, as necessary, and the loca-
ognition by a laboratory accrediting tion of seals or locks to prevent tam-
organization; pering shall be indicated.
(ii) Complete technical explanation (4) Except for equipment utilizing
of how the product complies with each part 7, subpart F power packages,
requirement in the applicable MSHA drawing(s) specifying the kind of mate-
product approval requirements; rial and detailed dimensions of the
(iii) Identification of components or components of explosion-proof enclo-
features of the product that are critical sures, including joints and openings.
to the safety of the product; and (5) Drawing(s) showing the construc-
(iv) All documentation, including tion of headlights, battery boxes, in-
drawings and specifications, as sub- cluding seals or locks, and method of
mitted to the independent laboratory mounting.
by the applicant and as required by
(6) Other drawings, specifications, or
this part.
descriptions identifying any feature
(3) An applicant may request testing
that MSHA considers necessary for cer-
and evaluation to non-MSHA product
tification of the particular mobile die-
safety standards which have been de-
sel-powered transportation equipment.
termined by MSHA to be equivalent,
under 6.20 of this chapter, to MSHAs (c) Shipment of the mobile diesel-
product approval requirements under powered transportation equipment or
this part. component part or subassembly as the
(b) Drawings, specifications, and de- case may be, shall be deferred until
scriptions shall be adequate in detail to MSHA has notified the applicant that
identify fully the complete assembly, the application will be accepted. Ship-
components, and subassemblies. Draw- ping instructions will be issued by
ings, specifications, and descriptions MSHA and shipping charges shall be
shall include: prepaid by the application. Upon com-
(1) Assembly drawing(s) showing the pletion of the investigation and notifi-
overall dimensions of the equipment, cation thereof to the applicant by
location and capacity of the fuel tank, MSHA, the applicant shall remove his
location of flame arresters, exhaust-gas equipment promptly from the test site
conditioner and its water-supply tank, (see 36.40).
if applicable, exhaust-gas dilution sys- (d) The application shall state that
tem, and other details that are essen- the equipment is completely developed
tial to the functioning of the equip- and of the design and materials that
ment. the applicant believes to be suitable for
(2) Except for equipment utilizing a finished marketable product or is a
part 7, subpart F power packages, de- completely developed component or
tailed drawings showing the intake, subassembly suitable for incorporation
combustion, and exhaust systems of in a finished marketable complete as-
the diesel engine, including joints and sembly of mobile diesel-powered trans-
gaskets; the turbulence or portation equipment. If the final design
precombustion chamber, if applicable; of a component depends upon results of
injector assembly and nozzle details; MSHAs tests, this shall be so stated in
and any surfaces that form the com- the application.
bustion chamber or part thereof, such (e) For a complete investigation lead-
as the cylinder head, piston and cyl- ing to approval and certification, the
inder liner; and other features that applicant shall furnish a complete op-
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may affect permissibility, such as ex- erable assembly for inspecting and
haust-gas conditioner and flame arrest- testing. Spare parts and expendable
ers. components, subject to wear in normal
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192
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Mine Safety and Health Admin., Labor 36.12
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36.13 30 CFR Ch. I (7114 Edition)
file as the basis for the extension of Engines burning other fuels or utilizing
certification. volatile fuel starting aids will not be
investigated.
[Sched. 31, 26 FR 645, Jan. 24, 1961, as amend-
ed at 52 FR 17516, May 8, 1987; 68 FR 36423, [Sched. 31, 26 FR 645, Jan. 24, 1961, as amend-
June 17, 2003] ed at 61 FR 55526, Oct. 25, 1996]
194
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Mine Safety and Health Admin., Labor 36.25
195
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36.25 30 CFR Ch. I (7114 Edition)
flame arrester provided that explosion (4) The cooling system shall store
tests demonstrate that the cooling box enough water or aqueous solution to
will arrest flame. When used as a flame permit operation of the engine at one-
arrester the cooling box shall be third load factor for eight hours. The
equipped with a device to shut off auto- minimum quantity of usable water or
matically the fuel supply to the engine aqueous solution available for cooling
at a safe minimum water level. A cool- shall equal the consumption for one
ing box used as a flame arrester shall hour with the engine operating at max-
withstand repeated explosion tests imum load and speed multiplied by 8
without permanent deformation. It and this product divided by 3.
shall be constructed of material, satis- (d) Surface temperature of engine and
factory to MSHA, that will resist dete- exhaust system. (1) The temperature of
rioration in service.
any external surface of the engine or
(c) Exhaust cooling system. (1) A cool-
exhaust system shall not exceed 400 F.
ing system shall be provided for the en-
under any condition of engine oper-
gine exhaust gas. The heat-dissipation
ation prescribed by MSHA. Water-jack-
capacity shall be capable of reducing
the temperature of the undiluted ex- eted components shall have integral
haust gas to less than 170 F. at the jackets and provision shall be made for
point of discharge from the cooling sys- positive circulation of water in the
tem under any condition of engine op- jackets and to automatically shut off
eration acceptable to MSHA. A device the engine when the temperature in
shall be provided that will automati- the cooling jacket(s) exceeds 212 F. In-
cally shut off the fuel supply to the en- sulated coverings to control surface
gine immediately if the temperature of temperature are not acceptable.
the exhaust gas exceeds 185 F. at the (2) When a spray is used to reduce the
point of discharge from the cooling sys- temperature of the exhaust gas, it shall
tem. Provision shall be made, accept- be located as near as practicable to the
able to MSHA, to prevent restarting outlet of the exhaust manifold.
the engine after the fuel supply has (3) Exterior surfaces of the exhaust
been shut off automatically until the system shall be designed to minimize
water supply in the cooling box has accumulation and lodgement of dust or
been replenished. When the cooling box combustible substances and to permit
is used as a flame arrester, one safety ready access for cleaning.
device may be accepted provided it (e) Tightness of exhaust system. All
controls a safe minimum water level in joints in the exhaust system shall be
the cooling box and also prevents the tight to prevent the flow of exhaust gas
final exhaust temperature from exceed- through them under any condition of
ing 185 F.
engine operation prescribed by MSHA.
(2) Cooling shall be obtained by pass-
A tight system shall be obtained by the
ing the exhaust gas through water or a
use of ground joints, or thin metal or
dilute aqueous chemical solution held
in a cooling box or conditioner, or by a metal-clad gaskets. All such joints
spray of water or a dilute aqueous shall be fitted with adequate through
chemical solution that will enter the bolts and all gaskets shall be aligned
exhaust system near the outlet of the and held firmly in position by the bolts
exhaust manifold, or a combination of or other suitable means. Such joints
the two methods. When a spray is used shall remain tight to prevent passage
it shall be provided with a filtering de- of flame or propagation of repeated in-
vice to protect the nozzle from clog- ternal explosions to a surrounding
ging. Provisions shall be made for flammable mixture.
draining and cleaning all parts of the (f) Dilution of exhaust gas. (1) Provi-
exhaust cooling system. Openings for sion shall be made to dilute the ex-
draining and cleaning shall be closed haust gas with and before it is dis-
and sealed or locked by a method satis- charged into the surrounding atmos-
factory to MSHA. phere. The discharged exhaust gas shall
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(3) The cooling system shall be con- be so diluted with air that the mixture
structed of corrosion-resistant metal shall not contain more than 0.5 per-
suitable for the intended application. cent, by volume, of carbon dioxide; 0.01
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Mine Safety and Health Admin., Labor 36.27
a high percentage of methane) is a satisfac- shall be provided in the fuel system, in-
tory substitute for pure methane in these stalled in a manner acceptable to
tests. MSHA.
197
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36.28 30 CFR Ch. I (7114 Edition)
NOTE: This shutoff valve is in addition to construction, or by any other method
the normal shutoff provided in the fuel-injec- that provides equivalent protection.
tion system and also in addition to the air- (b) Mobile diesel-powered transpor-
shutoff valve.
tation equipment shall be equipped
36.28 Signal or warning device. with at least one headlight on each
end.
All mobile diesel-powered transpor-
tation equipment shall be provided [47 FR 11372, Mar. 16, 1982]
with a bell, horn, or other suitable
warning device convenient to the oper- Subpart CTest Requirements
ator. Warning devices shall be operated
manually or pneumatically. 36.40 Test site.
Tests shall be conducted at MSHAs
36.29 Brakes. Diesel Testing Laboratory or other ap-
All mobile diesel-powered transpor- propriate place(s) determined by
tation equipment shall be equipped MSHA.
with adequate brakes acceptable to
[39 FR 24006, June 28, 1974, as amended at 43
MSHA. FR 12318, Mar. 24, 1978]
36.30 Rerailing device. 36.41 Testing methods.
All mobile diesel-powered transpor- Mobile diesel-powered transportation
tation equipment designed to travel on equipment submitted for certification
rails in haulage service shall carry a and approval shall be tested to deter-
suitable rerailing device. mine its combustion, explosion-proof,
36.31 Fire extinguisher. and other safety characteristics. MSHA
shall prescribe the tests and reserves
Each unit of mobile diesel-powered the right to modify the procedure(s) to
transportation equipment shall be attain these objectives (see 36.20).
fitted with a fire extinguisher carried
in a location easily accessible to the 36.42 Inspection.
operator and protected by position
A detailed inspection shall be made
from external damage. Liquid carbon
of the equipment and all components
dioxide extinguishers shall contain an
and features related to safety in oper-
active charge of not less than 4 pounds.
ation. The inspection shall include:
Pressurized dry chemical extinguishers
(a) Investigating the materials,
shall contain an active charge of not
workmanship, and design to determine
less than 212 pounds.
their adequacy.
36.32 Electrical components and sys- (b) Checking the parts and assemblies
tems. against the drawings and specifications
with respect to materials, dimensions,
(a) Electrical components on mobile
and locations to verify their conform-
diesel-powered transportation equip-
ance.
ment shall be certified or approved
(c) Inspecting and measuring joints,
under Part 18, 20 or 27 of this chapter,
flanges, and other possible flame paths
as applicable, and shall bear the cer-
in the intake and exhaust systems to
tification number assigned by MSHA.
determine whether they will prevent
(b) Electrical systems on mobile die-
the issuance of flame or propagation of
sel-powered transportation equipment
an internal explosion.
shall meet the requirements of Part 18
(d) Inspecting and measuring flame
or 27 of this chapter, as applicable.
arresters to determine whether they
[47 FR 11372, Mar. 16, 1982] will prevent the issuance of flame or
propagation of an internal explosion.
36.33 Headlights and fixtures.
(a) Headlights and lighting fixtures 36.43 Determination of exhaust-gas
on mobile diesel-powered transpor- composition.
tation equipment shall be protected (a) Samples shall be taken to deter-
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Mine Safety and Health Admin., Labor 36.45
to determine the volume of air (ven- shall be designated as the maximum al-
tilation) required to dilute the exhaust lowable fuel rate at elevations not ex-
gas (see 36.45). The engine shall be at ceeding 1,000 feet above sea level.
temperature equilibrium before ex-
haust-gas samples are collected or NOTE: The applicant may be requested to
adjust the liquid fuel rate during tests to de-
other test data are observed. At all test
termine the maximum allowable fuel:air
conditions the intake mixture shall
ratio.
contain 1.5 0.1 percent, by volume, of
Pittsburgh natural gas (see footnote 3) (c) The maximum allowable fuel:air
in the air. Test observations shall in- ratio and maximum liquid fuel rates
clude the rate of fuel consumption, shall be used to calculate a liquid fuel
pressures, temperatures, and other rate-altitude table that shall govern
data significant in the safe operation of the liquid fuel rate of engines operated
diesel equipment. at elevations exceeding 1,000 feet above
(b) Exhaust-gas samples shall be ana- sea level.
lyzed for carbon dioxide, oxygen, car-
bon monoxide, hydrogen, methane, ni- 36.45 Quantity of ventilating air.
trogen, oxides of nitrogen, and
aldehydes, or any other constituent (a) Results of the engine tests shall
prescribed by MSHA. be used to calculate ventilation (cubic
(c) The intake and exhaust systems feet of air per minute) that shall be
shall be complete with all component supplied by positive air movement
equipment such as air cleaners, flame when the permissible mobile diesel-
arresters, and exhaust cooling systems. powered transportation equipment is
The performance of component equip- used underground. This quantity shall
ment shall be observed to determine be stamped on the approval plate. The
whether it functions properly. quantity so determined shall apply
[Sched. 31, 26 FR 645, Jan. 24, 1961, as amend- when only one machine is operated.
ed at 61 FR 55526, Oct. 25, 1996] (b) Determination of the ventilation
rate shall be based upon dilution of the
36.44 Maximum allowable fuel:air exhaust gas with normal air. The most
ratio. undesirable and hazardous condition of
(a) When an engine is delivered to engine operation prescribed by MSHA
MSHA with the fuel-injection system shall be used in the calculations. The
adjusted by the applicant and tests of concentration of any of the following
the exhaust-gas composition (see individual constituents in the diluted
36.43) show not more than 0.30 percent, mixture shall not exceed:
by volume, of carbon monoxide, the ap-
plicants adjustment of the fuel-injec- 0.25 percent, by volume, of carbon dioxide
tion system shall be accepted. The (CO2).
maximum fuel:air ratio determined 0.005 percent, by volume, of carbon monoxide
from the exhaust-gas composition shall (CO).
be designated as the maximum allow- 0.00125 percent, by volume, of oxides of nitro-
able fuel:air ratio. The maximum liq- gen (calculated as equivalent nitrogen di-
oxide, NO2).
uid fuel rate (pounds per hour) that
produces the maximum allowable The oxygen (O2) content of the diluted
fuel:air ratio shall be designated as the mixture shall be not less than 20 per-
maximum allowable fuel rate for oper- cent, by volume. The maximum quan-
ating the equipment at elevations not
tity of normal air to produce the above
exceeding 1,000 feet above sea level.
dilution shall be designated the ven-
(b) When the carbon monoxide con-
tent of the exhaust exceeds 0.30 per- tilation rate.
cent, by volume, only near maximum NOTE: This ventilation rate will provide a
power output, the maximum fuel:air factor of safety for exposure of persons to air
ratio at which carbon monoxide does mixtures containing harmful or objection-
not exceed 0.30 percent shall be cal- able gases and for minor variations in engine
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36.46 30 CFR Ch. I (7114 Edition)
gas-air mixture drawn into the system under gine is automatically shut off shall be
test by the cooling of the products from an noted. This temperaure shall not ex-
explosion in the system. ceed 185 F.
200
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Mine Safety and Health Admin., Labor 36.50
(f) Following the automatic fuel NOTE TO 36.48: The engine may be oper-
shutoff test in paragraph (e) of this sec- ated under test conditions prescribed by
tion, the temperature of the control MSHA while completely surrounded by a
point shall be allowed to fall to 170 F. flammable mixture. MSHA reserves the right
At this temperature and with the water to apply combustible materials to any sur-
face for test. Operation under such condi-
replenished in the cooling system, it
tions shall not ignite the flammable mix-
shall be possible to start the engine.
ture.
NOTE: If the cooling system includes a re-
[Sched. 31, 26 FR 645, Jan. 24, 1961, as amend-
serve supply water tank, the line or lines
connecting it to the cooling compartment ed at 61 FR 55526, Oct. 25, 1996]
may require a suitable flame arrester.
36.49 Tests of exhaust-gas dilution
(g) The effectiveness of the auto- system.
matic engine shut-off, which will oper-
ate when the water in the cooling jack- The performance and adequacy of the
et(s) exceeds 212 F., shall be deter- exhaust-gas dilution system shall be
mined by causing the jacket tempera- determined in tests of the complete
ture to exceed 212 F. equipment. The engine, at temperature
equilibrium, shall be operated in nor-
36.48 Tests of surface temperature of mal air as prescribed by MSHA. Sam-
engine and components of the cool- ples of the undiluted exhaust gas and of
ing system. the diluted exhaust gas, at location(s)
(a) The surface temperatures of the prescribed by MSHA, shall be consid-
engine, exhaust cooling system, and ered with the data obtained from the
other components subject to heating engine test (see 36.43) to determine
by engine operation shall be deter- that the concentrations of carbon diox-
mined with the engine operated as pre- ide, carbon monoxide, oxides of nitro-
scribed by MSHA. All parts of the en-
gen, and aldehydes in the diluted ex-
gine, cooling system, and other compo-
haust shall be below the required con-
nents shall have reached their respec-
tive equilibrium temperatures. The ex- centrations specified in 36.25(f)(1).
haust cooling system shall be operated,
36.50 Tests of fuel tank.
but air shall not be circulated over the
engine or components. Surface tem- The fuel tank shall be inspected and
peratures shall be measured at various tested to determine whether: (a) It is
places prescribed by MSHA to deter- fuel-tight, (b) the vent maintains at-
mine where maximum temperatures mospheric pressure within the tank,
develop. and (c) the vent and closure restrict
(b) The temperature of any surface the outflow of liquid fuel.
shall not exceed 400 F.
SUBCHAPTERS CF [RESERVED]
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SUBCHAPTER GFILING AND OTHER ADMINISTRATIVE
REQUIREMENTS
202
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Mine Safety and Health Admin., Labor 41.1
(7) A statement certifying that all in- AUTHORITY: Secs. 103(h), 109(d) and 508, Fed-
formation filed is true and correct fol- eral Mine Safety and Health Act of 1977, Pub.
lowed by the signature of the rep- L. 91173 as amended by Pub. L. 95164, 91
resentative of miners. Stat. 1299 and 1310, 83 Stat. 803 (30 U.S.C.
813(h), 819(d) and 957); sec. 307, Federal Mine
(b) The representative of miners shall
Safety and Health Amendments Act of 1977,
be responsible for ensuring that the ap- Pub. L. 95164, 91 Stat. 1322 (30 U.S.C. 801
propriate District Manager and oper- note).
ator have received all of the informa-
tion required by this part and inform- SOURCE: 43 FR 29512, July 7, 1978, unless
ing such District Manager and operator otherwise noted.
of any subsequent changes in the infor-
mation. Subpart ADefinitions
40.4 Posting at mine. 41.1 Definitions.
A copy of the information provided As used in this part:
the operator pursuant to 40.3 of this (a) Operator means any owner, lessee,
part shall be posted upon receipt by the or other person who operates, controls,
operator on the mine bulletin board or supervises a coal or other mine or
and maintained in a current status. any designated independent contractor
performing services or construction at
40.5 Termination of designation as
representative of miners. such mine.
(b) Person means any individual, sole
(a) A representative of miners who proprietor, partnership, association,
becomes unable to comply with the re-
corporation, firm, subsidiary of a cor-
quirements of this part shall file a
poration, or other organization.
statement with the appropriate Dis-
trict Manager terminating his or her (c) Coal or other mine means (a) an
designation. area of land from which minerals are
(b) The Mine Safety and Health Ad- extracted in nonliquid form or, if in
ministration shall terminate and re- liquid form, are extracted with workers
move from its files all designations of underground, (b) private ways and
representatives of miners which have roads appurtenant to such area, and (c)
been terminated pursuant to paragraph lands, excavations, underground pas-
(a) of this section or which are not in sageways, shafts, slopes, tunnels and
compliance with the requirements of workings, structures, facilities, equip-
this part. The Mine Safety and Health ment, machines, tools, or other prop-
Administration shall notify the oper- erty including impoundments, reten-
ator of such termination. tion dams, and tailings ponds, on the
surface or underground, used in, or to
PART 41NOTIFICATION OF LEGAL be used in, or resulting from, the work
IDENTITY of extracting such minerals from their
natural deposits in nonliquid form, or
Subpart ADefinitions if in liquid form, with workers under-
ground, or used in, or to be used in, the
Sec. milling of such minerals, or the work
41.1 Definitions.
of preparing coal or other minerals,
Subpart BNotification of Legal Identity and includes custom coal preparation
facilities. In making a determination
41.10 Scope. of what constitutes mineral milling for
41.11 Notification by operator. purposes of this act, the Secretary
41.12 Changes; notification by operator. shall give due consideration to the con-
41.13 Failure to notify. venience of administration resulting
Subpart COperators Report to the Mine from the delegation to one Assistant
Safety and Health Administration Secretary of all authority with respect
to the health and safety of miners em-
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41.10 30 CFR Ch. I (7114 Edition)
operators mines, if the operator is not dress, and State of incorporation of the
directly involved in the daily operation parent corporation; and (9) the Federal
of the mine; (5) the Federal mine iden- mine identification numbers of all
204
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Mine Safety and Health Admin., Labor Pt. 42
205
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42.10 30 CFR Ch. I (7114 Edition)
SOURCE: 50 FR 11643, Mar. 22, 1985, unless cation to the Academys Student Serv-
otherwise noted. Redesignated at 67 FR 42382, ices Branch is mailed no later than 14
June 21, 2002. days before the course begins.
An applicant may withdraw an appli- Mine Safety and Health Act of 1977 Pub. L.
cation and receive a full refund of tui- 91173 as amended by Pub. L. 95164, 91 Stat.
tion fees provided that written notifi- 1298 83 Stat. 803 (30 U.S.C. 813(g) and 957); sec.
206
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Mine Safety and Health Admin., Labor 43.4
307, Federal Mine Safety and Health Amend- of the reasons for his disposition of the
ments Act of 1977, Pub. L. 95164, 91 Stat. 1322 case.
(30 U.S.C. 801 note).
(Pub. L. No. 96511, 94 Stat. 2812 (44 U.S.C.
SOURCE: 43 FR 29515, July 7, 1978, unless 3501 et seq.))
otherwise noted.
[43 FR 29515, July 7, 1978, as amended at 47
FR 14696, Apr. 6, 1982; 60 FR 33722, June 29,
Subpart AGeneral 1995]
207
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43.5 30 CFR Ch. I (7114 Edition)
and the names of any individual miners inspection conducted by such rep-
referred to therein shall not appear in resentative of any violation of the Act
the copy of the written notice or in a or mandatory health or safety standard
notification provided to the operator. or of any imminent danger which he or
she has reason to believe exists in the
43.5 Action by the Secretary.
mine being inspected. Where the au-
(a) As soon as possible after the re- thorized representative or the Sec-
ceipt of a notice of alleged violation or retary refuses to issue a citation or
imminent danger under this subpart, order with respect to such alleged vio-
the Secretary or his authorized rep- lation or imminent danger, the rep-
resentative shall make a special in-
resentative of miners or miner may ob-
spection to determine if a citation or
tain review of such refusal in accord-
withdrawal order should be issued, un-
less on the face of the notice, the con- ance with paragraphs (b) through (d) of
dition complained of, even if it were this section.
found to exist, would clearly not con- (b) A request for informal review
stitute a violation or imminent danger. shall be sent in writing to the appro-
(b) Where the Secretary or his au- priate district manager within 10 days
thorized representative makes a spe- of the date of the refusal to issue a ci-
cial inspection under this subpart and tation or order and shall be accom-
finds a violation or imminent danger, a panied by any supporting information
citation or withdrawal order, as appro- the person requesting review wishes to
priate, shall be issued. submit.
(c) After receipt of the request for in-
43.6 Notice of negative finding. formal review, the district manager or
(a) If it is determined that a special his agent may hold, at his or her dis-
inspection is not warranted, a written cretion, an informal conference where
notice of negative finding shall be the person requesting review can
issued as soon as possible following present his views.
such determination. (d) After review of all written and
(b) If it is determined that an inspec- oral statements submitted, the district
tion is warranted and upon such in-
manager may either affirm the refusal
spection it is determined that neither a
to issue a citation or order or may di-
citation nor a withdrawal order should
be issued for the alleged violation or rect that a new inspection be con-
imminent danger, a written notice of ducted with respect to the alleged vio-
negative finding shall be issued by the lation or imminent danger. The dis-
authorized representative of the Sec- trict manager shall furnish the person
retary prior to leaving the mine prem- requesting review with a written state-
ises. ment of the reasons for his or her final
(c) Any notice of negative finding disposition of the request as soon
issued under this part shall be issued to thereafter as possible. A copy of such
the representative of miners or miner statement shall be furnished the oper-
seeking the special inspection and a ator. The district managers deter-
copy shall be served upon the operator. mination in the matter shall be final.
208
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Mine Safety and Health Admin., Labor 44.3
209
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44.4 30 CFR Ch. I (7114 Edition)
shall be published in the FEDERAL REG- do some act within a prescribed period
ISTER. Every such final action pub- after the service of a document or
lished shall specify the statutory other material upon the party and the
210
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Mine Safety and Health Admin., Labor 44.12
with the Director, Office of Standards, (a) Within 15 days from the filing of
Regulations, and Variances, Mine Safe- a petition for modification, the Mine
ty and Health Administration, 1100 Safety and Health Administration will
211
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44.13 30 CFR Ch. I (7114 Edition)
give notice of the petition to each to the proposed decision. A party other
known representative of miners or the than petitioner who has requested a
operator of the affected mine, as appro- hearing shall also comment upon all
priate, and shall publish notice of the issues of fact or law presented in the
petition in the FEDERAL REGISTER. petition, and
(b) The FEDERAL REGISTER notice (b) An indication of a desired hearing
shall contain a statement that the pe- site.
tition has been filed, identify the peti- (c) Partial appeal. (1) If the Adminis-
tioner and the mine or mines to which trator has issued a proposed decision
the petition relates, cite the manda- and order granting the requested modi-
tory safety standard for which modi- fication, a request for hearing on the
fication is sought, and describe the re- proposed decision and order may be
quested relief. made by any party based upon objec-
(c) All such notices shall advise in- tion to one or more of the terms and
terested parties that they may, within conditions of the Administrators pro-
30 days from the date of publication in posed decision and order. If such a re-
the FEDERAL REGISTER, in writing, quest for hearing is made, the request
comment upon or provide information should specify which of the terms and
relative to the proposed modification. conditions should be the subject of the
hearing.
[43 FR 29518, July 7, 1978, as amended at 55 (2) During the pendency of the partial
FR 53440, Dec. 28, 1990]
appeal, the proposed decision and order
44.13 Proposed decision. of the Administrator will become final
on the 30th day after service thereof,
(a) Upon receipt of a petition for unless a request for hearing on the pro-
modification, the Mine Safety and posed decision and order is filed in ac-
Health Administration shall cause an cordance with paragraph (a) of this sec-
investigation to be made as to the mer- tion by any other party. The decision
its of the petition. Any party may re- and order will remain in effect as pro-
quest that the investigation of the pe- posed by the Administrator until the
tition for modification be expedited, or terms and conditions for which the
that the time period for investigating hearing was requested are modified, af-
the petition be extended. Such requests firmed, or set aside by a final order of
shall be granted in the discretion of the the presiding administrative law judge
Administrator upon good cause shown. or the Assistant Secretary. The pre-
(b) As soon as is practicable after the siding administrative law judge shall
investigation is completed, the appro- take such action upon a determination
priate Administrator shall make a pro- of whether
posed decision and order, which shall (i) The terms and conditions for
be served upon all parties to the pro- which the hearing was requested are
ceeding. The proposed decision shall necessary to ensure that the alter-
become final upon the 30th day after native method of achieving the result
service thereof, unless a request for of the standard will at all times guar-
hearing has been filed with the appro- antee to the miners at the mine at
priate Administrator, as provided in least the same measure of protection
44.14 of this part. afforded to the miners at the mine by
(c) Service of the proposed decision is such standard; or
complete upon mailing. (ii) In the case of a petition involving
[55 FR 53440, Dec. 28, 1990] a finding by the Administrator of a
diminution of safety to the miners
44.14 Request for hearing. caused by application of the standard
A request for hearing filed in accord- at the mine, whether the terms and
ance with 44.13 of this part must be conditions for which the hearing was
filed within 30 days after service of the requested are necessary to provide
proposed decision and shall include: equivalent protection to the miners at
(a) A concise summary of position on the mine from the hazard against
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Mine Safety and Health Admin., Labor 44.16
(2) The requested relief will not ad- porary relief shall remain in effect
versely affect the health or safety of until modified, affirmed or set aside by
miners in the affected mine; the presiding administrative law judge.
213
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44.20 30 CFR Ch. I (7114 Edition)
In no case, however, shall the Adminis- not been made. While the petition is
trators order remain in effect for more before the Assistant Secretary at any
than one year, unless renewed or af- stage of the proceeding, all documents
firmed by the presiding administrative should be filed with the Assistant Sec-
law judge. retary of Labor for Mine Safety and
(k) Application for relief to give effect Health, 1100 Wilson Blvd., Room 2322,
to the proposed decision and order. At Arlington, Virginia 222093939.
any time following the proposed deci- (b) Caption, title and signature. (1) The
sion and order of the Administrator on documents filed in any proceeding
the accompanying petition for modi- under this part shall be captioned in
fication, any party may request relief the name of the operator of the mine to
to give effect to the proposed decision which the proceeding relates and in the
and order until it becomes final. name of the mine or mines affected.
(l) An application for relief under After a docket number has been as-
paragraph (k) shall be filed with the signed to the proceeding by the Office
Administrator and shall include a good of the Chief Administrative Law Judge,
faith representation that no party is the caption shall contain such docket
expected to contest the granting of the number.
petition for modification. (2) After the caption each such docu-
(m) A decision to grant relief re- ment shall contain a title which shall
quested under paragraph (k) will take be descriptive of the document and
effect on the seventh day following the which shall identify the party by whom
decision. If a request for hearing on the the document is submitted.
proposed decision and order is filed in (3) The original of all documents filed
accordance with 44.14 prior to the sev- shall be signed at the end by the party
enth day following the granting of such submitting the document or, if the
relief, the relief will not become effec- party is represented by an attorney, by
tive. If such request for hearing on the such attorney. The address of the party
proposed decision and order is filed or the attorney shall appear beneath
after relief becomes effective, the relief the signature.
will expire immediately.
[43 FR 29518, July 7, 1978, as amended at 67
[55 FR 53441, Dec. 28, 1990] FR 38384, June 4, 2002]
214
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Mine Safety and Health Admin., Labor 44.24
(8) To hold conferences for settle- was not available to the Administrator
ment or simplification of issues by con- and which may have materially af-
sent of the parties; fected the Administrators proposed de-
(9) To make decisions in accordance cision and order. Remand may be upon
with the Act, this part, and section 557 the judges own motion or the motion
of title 5 of the United States Code; and of any party, and shall be granted in
(10) To take any other appropriate the discretion of the presiding adminis-
action authorized by this part, section trative law judge.
556 of title 5 of the United States Code, [43 FR 29518, July 7, 1978, as amended at 55
or the Act. FR 53442, Dec. 28, 1990]
(b) Disqualification. (1) When an ad-
ministrative law judge deems himself 44.23 Prehearing conferences.
disqualified to preside over a particular (a) Convening a conference. Upon his
hearing, he shall withdraw therefrom own motion or the motion of a party,
by notice on the record directed to the the administrative law judge may di-
Chief Administrative Law Judge. rect the parties or their counsel to
(2) Any party who deems an adminis- meet with him for a conference to con-
trative law judge for any reason to be sider:
disqualified to preside or continue to (1) Simplification of issues;
preside over a particular hearing, may (2) Necessity or desirability of
file with the Chief Administrative Law amendments to documents for clari-
Judge of the Department of Labor a fication, simplification, or limitation;
motion to be supported by affidavits (3) Stipulations and admissions of
setting forth the alleged grounds for facts;
disqualification. The Chief Administra- (4) Limitation of the number of par-
tive Law Judge shall rule upon the mo- ties and expert witnesses; and
tion. (5) Such other matters as may tend
(c) Contumacious conduct; failure or re- to expedite the disposition of the pro-
fusal to appear or obey rulings of a pre- ceeding and assure a just conclusion
siding administrative law judge. (1) Con- thereof.
tumacious conduct at any hearing be- (b) Record of conference. The adminis-
fore the administrative law judge shall trative law judge may, where appro-
be grounds for exclusion from the hear- priate, issue an order which recites the
ing. action taken at the conference, amend-
(2) If a witness or party refuses to an- ments allowed to any filed documents,
swer a question after being directed to and agreements made between the par-
do so or refuses to obey an order to ties as to any of the matters consid-
provide or permit discovery, the ad- ered. The order shall limit the issues
ministrative law judge may make such for hearing to those not disposed of by
orders with regard to the refusal as are admissions or agreements. Such an
just and appropriate, including an order controls the subsequent course of
order denying the application of a peti- the hearing, unless modified at the
tioner or regulating the contents of the hearing to prevent manifest injustice.
record of the hearing.
(d) Referral to Federal Rules of Civil 44.24 Discovery.
Procedure and Evidence. On any proce- Parties shall be governed in their
dural question not regulated by this conduct of discovery by appropriate
part, the act, or the Administrative provisions of the Federal Rules of Civil
Procedure Act, an administrative law Procedure, except as provided in 44.25
judge shall be guided to the extent of this part. After consultation with
practicable by any pertinent provisions the parties, the administrative law
of the Federal Rules of Civil Procedure judge shall prescribe a time of not
or Federal Rules of Evidence, as appro- more than 45 days to complete dis-
priate. covery. Alternative periods of time for
(e) Remand. The presiding adminis- discovery may be prescribed by the pre-
trative law judge shall be authorized to siding administrative law judge upon
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remand the petition for modification the request of any party. As soon as is
proceeding to the appropriate Adminis- practicable after completion of dis-
trator based upon new evidence which covery, the administrative law judge
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44.25 30 CFR Ch. I (7114 Edition)
shall schedule a hearing in accordance poena if in his opinion the evidence re-
with 44.28 of this part. quired to be produced does not relate
[55 FR 53442, Dec. 28, 1990]
to any matter under investigation or in
question in the proceedings; the sub-
44.25 Depositions. poena does not describe with sufficient
particularity the evidence required to
(a) Purpose. For reasons of unavail-
be produced; or if for any other reason,
ability or for purpose of discovery, the
sufficent in law, the subpoena is found
testimony of any witness may be taken
to be invalid or unreasonable. The ad-
by deposition.
(b) Form. Depositions may be taken ministrative law judge shall make a
before any person having the power to simple statement of procedural or
administer oaths. Each witness testi- other grounds for the ruling on the mo-
fying upon deposition shall be sworn, tion to revoke or modify. The motion
and the parties not calling him shall to revoke or modify, any answer filed
have the right to cross-examine him. thereto, and any ruling thereon shall
Questions propounded and answers become a part of the record.
thereto, together with all objections (d) Witnesses subpoened by any party
made, shall be reduced to writing, read shall be paid the same fees for attend-
to or by the witness, subscribed by ance and mileage as are paid in the
him, and certified by the officer before District Courts of the United States.
whom the deposition is taken. The offi- The fees shall be paid by the party at
cer shall send copies by registered mail whose instance the witness appears.
to the Chief Administrative Law Judge
44.27 Consent findings and rules or
or the presiding administrative law orders.
judge.
(a) General. At any time after a re-
44.26 Subpoenas; witness fees. quest for hearing is filed in accordance
(a) Except as provided in paragraph with 44.14, a reasonable opportunity
(b) of this section, the Chief Adminis- may be afforded to permit negotiation
trative Law Judge or the presiding ad- by the parties of an agreement con-
ministrative law judge, as appropriate, taining consent findings and a rule or
shall issue subpoenas upon written ap- order disposing of the whole or any
plication of a party requiring attend- part of the proceedings. Allowance of
ance of witnesses and production of rel- such opportunity and the duration
evant papers, books, documents, or thereof shall be in the discretion of the
tangible things in their possession and Chief Administrative Law Judge, if no
under their control. A subpoena may be administrative law judge has been as-
served by any person who is not a party signed, or of the presiding administra-
and is not less than 18 years of age, and tive law judge. In deciding whether to
the original subpoena bearing a certifi- afford such an opportunity, the admin-
cate of service shall be filed with the istrative law judge shall consider the
administrative law judge. A witness nature of the proceeding, requirements
may be required to attend a deposition of the public interest, representations
or hearing at a place not more than 100 of the parties, and probability of an
miles from the place of service. agreement which will result in a just
(b) If a partys written application disposition of the issues involved.
for subpoena is submitted 3 working (b) Contents. Any agreement con-
days or less before the hearing to taining consent findings and rule or
which it relates, a subpoena shall issue order disposing of a proceeding shall
at the discretion of the Chief Adminis- also provide:
trative Law Judge or presiding admin- (1) That the rule or order shall have
istrative law judge, as appropriate. the same effect as if made after a full
(c) Any person served with a sub- hearing;
poena may move in writing to revoke (2) That the record on which any rule
or modify the subpoena. All motions to or order may be based shall consist of
revoke or modify shall be served on the the petition and agreement, and all
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Mine Safety and Health Admin., Labor 44.30
Such motion should be filed with the ters so noticed and shall be given ade-
administrative law judge assigned to quate opportunity to show the con-
the case. trary.
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44.31 30 CFR Ch. I (7114 Edition)
[43 FR 29518, July 7, 1978, as amended at 55 [55 FR 53442, Dec. 28, 1990]
FR 53442, Dec. 28, 1990]
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Mine Safety and Health Admin., Labor 44.41
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44.50 30 CFR Ch. I (7114 Edition)
(3) A copy of an initial decision and service thereof unless a hearing is re-
final decision under this paragraph quested in accordance with 44.14.
shall be served on each party. (c) Revocation of a granted modifica-
(b) Hearings on issues of fact. Where a tion must be based upon a change in
genuine question of material fact is circumstances or because findings
raised, the administrative law judge which originally supported the modi-
shall, and in any other case may, set fication are no longer valid.
the case for an evidentiary hearing in (d) Disposition of the revocation
accordance with Subpart C of this part. shall be subject to all procedures of
subparts C through E of this part.
Subpart EEffect of Initial
[55 FR 53443, Dec. 28, 1990]
Decision
44.50 Effect of appeal on initial deci- 44.53 Amended modification.
sion. (a) The Administrator may propose
Except as provided in 44.14(c), a pro- to revise the terms and conditions of a
posed decision and order of an Adminis- granted modification by issuing an
trator is not operative pending appeal amended proposed decision and order,
to an administrative law judge, and a along with a statement of reasons for
decision of an administrative law judge the amended proposed decision and
is not operative pending appeal to the order, when one or both of the fol-
Assistant Secretary. lowing occurs:
(1) A change in circumstances which
[55 FR 53443, Dec. 28, 1990]
originally supported the terms and
44.51 Finality for purposes of judicial conditions of the modification.
review. (2) The Administrator determines
Only a decision by the Assistant Sec- that findings which originally sup-
retary shall be deemed final agency ac- ported the terms and conditions of the
tion for purposes of judicial review. A modification are no longer valid.
decision by an Administrator or admin- (b) The Administrators amended pro-
istrative law judge which becomes final posed decision and order shall be served
for lack of appeal is not deemed final upon all parties to the proceeding and
agency action for purposes of 5 U.S.C. shall become final upon the 30th day
704. after service thereof, unless a request
for hearing on the proposed amend-
44.52 Revocation of modification. ments is filed under 44.14. If a request
(a) Petition for revocation. Any party for hearing is filed, the amended pro-
to a proceeding under this part in posed decision and order shall be sub-
which a petition for modification of a ject to all procedures of subparts C
mandatory safety standard was grant- through E of this part as if it were a
ed by an Administrator, administratior proposed decision and order of the Ad-
law judge, or the Assistant Secretary ministrator issued in accordance with
may petition that the modification be 44.13. The original modification shall
revoked. Such petition shall be filed remain in effect until superseded by a
with the Chief Administrative Law final amended modification.
Judge for disposition. (c) In cases where the original deci-
(b) Revocation by the Administrator. sion and order was based upon an alter-
The appropriate Administrator may native method of achieving the result
propose to revoke a modification pre- of the standard, the amended decision
viously granted by the Administrator, and order shall at all times provide to
an administrative law judge, or the As- miners at the mine at least the same
sistant Secretary, by issuing a pro- measure of protection afforded to the
posed decision and order revoking the miners at the mine by such standard.
modification. Such proposed revoca- In cases where the original decision
tion and a statement of reasons sup- and order was based upon a diminution
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porting the proposal must be served of safety to the miners resulting from
upon all parties to the proceeding, and application of the standard at such
shall become final on the 30th day after time, the amended decision and order
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Mine Safety and Health Admin., Labor 45.4
owner, lessee, or other person who op- operator shall make this information
erates, controls or supervises a coal or available to any authorized representa-
other mine. tive of the Secretary upon request.
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45.5 30 CFR Ch. I (7114 Edition)
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SUBCHAPTER HEDUCATION AND TRAINING
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46.3 30 CFR Ch. I (7114 Edition)
also does not include maintenance or for training new miners and newly
service workers who do not work at a hired experienced miners, training
mine site for frequent or extended peri- miners for new tasks, annual refresher
ods. training, and site-specific hazard
(h) Mining operations means mine de- awareness training.
velopment, drilling, blasting, extrac- (b) A training plan is considered ap-
tion, milling, crushing, screening, or proved by us if it contains, at a min-
sizing of minerals at a mine; mainte- imum, the following information:
nance and repair of mining equipment; (1) The name of the production-oper-
and associated haulage of materials ator or independent contractor, mine
within the mine from these activities. name(s), and MSHA mine identifica-
(i) New miner means a person who is tion number(s) or independent con-
beginning employment as a miner with tractor identification number(s);
a production-operator or independent (2) The name and position of the per-
contractor and who is not an experi- son designated by you who is respon-
enced miner. sible for the health and safety training
(j) Newly hired experienced miner at the mine. This person may be the
means an experienced miner who is be- production-operator or independent
ginning employment with a produc- contractor;
tion-operator or independent con- (3) A general description of the teach-
tractor. Experienced miners who move ing methods and the course materials
from one mine to another, such as that are to be used in the training pro-
drillers and blasters, but who remain gram, including the subject areas to be
employed by the same production-oper- covered and the approximate time or
ator or independent contractor are not range of time to be spent on each sub-
considered newly hired experienced ject area.
miners. (4) A list of the persons and/or orga-
(k) Normal working hours means a pe- nizations who will provide the training,
riod of time during which a miner is and the subject areas in which each
otherwise scheduled to work, including person and/or organization is com-
the sixth or seventh working day if petent to instruct; and
such a work schedule has been estab- (5) The evaluation procedures used to
lished for a sufficient period of time to determine the effectiveness of training.
be accepted as the common practice of (c) A plan that does not include the
the production-operator or independent minimum information specified in
contractor, as applicable. paragraphs (b)(1) through (b)(5) of this
(l) Operator means any production-op- section must be submitted to and ap-
erator, or any independent contractor proved by the Regional Manager, Edu-
whose employees perform services at a cational Field Services Division, or
mine. designee, for the region in which the
(m) Production-operator means any mine is located. You also may volun-
owner, lessee, or other person who op- tarily submit a plan for Regional Man-
erates, controls, or supervises a mine ager approval. You must notify miners
under this part. or their representatives when you sub-
(n) Task means a work assignment or mit a plan for Regional Manager ap-
component of a job that requires spe- proval. Within two weeks of receipt or
cific job knowledge or experience. posting of the plan, miners and their
(o) We or us means the Mine Safety representatives may also request re-
and Health Administration (MSHA). view and approval of the plan by the
(p) You means production-operators Regional Manager and must notify the
and independent contractors. production-operator or independent
[64 FR 53130, Sept. 30, 1999, as amended at 67 contractor of such request.
FR 38384, June 4, 2002] (d) You must provide the miners rep-
resentative, if any, with a copy of the
46.3 Training plans. plan at least 2 weeks before the plan is
(a) You must develop and implement implemented or, if you request MSHA
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46.5 30 CFR Ch. I (7114 Edition)
new miner training, newly hired expe- 46.5 New miner training.
rienced miner training, or annual re- (a) Except as provided in paragraphs
fresher training requirements, as ap- (f) and (g) of this section, you must
propriate, provided that you document provide each new miner with no less
each training session in accordance than 24 hours of training as prescribed
with 46.9 of this part. In recording the by paragraphs (b), (c), and (d). Miners
duration of training, you must include who have not yet received the full 24
only the portion of the session actually hours of new miner training must work
spent in training. where an experienced miner can ob-
serve that the new miner is performing
his or her work in a safe and healthful
manner.
(b) Before a new miner begins work at You must provide the miner with no less than 4
the mine hours of training in the following subjects, which
must also address site-specific hazards:
(1) An introduction to the work environment, includ-
ing a visit and tour of the mine, or portions of the
mine that are representative of the entire mine
(walkaround training). The method of mining or
operation utilized must be explained and observed;
(2) Instruction on the recognition and avoidance of
electrical hazards and other hazards present at the
mine, such as traffic patterns and control, mobile
equipment (e.g., haul trucks and front-end loaders),
and loose or unstable ground conditions;
(3) A review of the emergency medical procedures, es-
cape and emergency evacuation plans, in effect at
the mine, and instruction on the firewarning sig-
nals and firefighting procedures;
(4) Instruction on the health and safety aspects of
the tasks to be assigned, including the safe work
procedures of such tasks, the mandatory health
and safety standards pertinent to such tasks, infor-
mation about the physical and health hazards of
chemicals in the miners work area, the protective
measures a miner can take against these hazards,
and the contents of the mines HazCom program;
(5) Instruction on the statutory rights of miners and
their representatives under the Act;
(6) A review and description of the line of authority
of supervisors and miners representatives and the
responsibilities of such supervisors and miners
representatives; and
(7) An introduction to your rules and procedures for
reporting hazards.
(c) No later than 60 calendar days You must provide the miner with training in the fol-
after a new miner begins work at lowing subject:
the mine (1) Instruction and demonstration on the use, care,
and maintenance of self-rescue and respiratory de-
vices, if used at the mine; and
(2) A review of first aid methods.
(d) No later than 90 calendar days You must provide the miner with the balance, if any,
after a new miner begins work at of the 24 hours of training on any other subjects
the mine that promote occupational health and safety for
miners at the mine.
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(e) Practice under the close observa- on the health and safety aspects of an
tion of a competent person may be used assigned task in paragraph (b)(4) of this
to fulfill the requirement for training section, if hazard recognition training
226
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Mine Safety and Health Admin., Labor 46.6
specific to the assigned task is given ments of paragraphs (a), (b), and (c) of
before the miner performs the task. this section, if the course was com-
(f) A new miner who has less than 12 pleted by the miner within 36 months
cumulative months of surface mining before beginning work at the mine; and
or equivalent experience and has com- the course is relevant to the subjects
pleted new miner training under this specified in paragraphs (b) and (c) of
section or under 48.25 of this title this section.
within 36 months before beginning [64 FR 53130, Sept. 30, 1999, as amended at 67
work at the mine does not have to re- FR 42382, June 21, 2002]
peat new miner training. However, you
must provide the miner with training 46.6 Newly hired experienced miner
specified in paragraph (b) of this sec- training.
tion before the miner begins work at (a) Except as provided in paragraph
the mine. (f) of this section, you must provide
(g) A new miner training course com- each newly hired experienced miner
pleted under 48.5 or 48.25 of this title with training as prescribed by para-
may be used to satisfy the require- graphs (b) and (c).
(b) Before a newly hired experienced You must provide the miner with training in the fol-
miner begins work at the mine lowing subjects, which must also address site-spe-
cific hazards:
(1) An introduction to the work environment, includ-
ing a visit and tour of the mine, or portions of the
mine that are representative of the entire mine
(walkaround training). The method of mining or
operation utilized must be explained and observed;
(2) Instruction on the recognition and avoidance of
electrical hazards and other hazards present at the
mine, such as traffic patterns and control, mobile
equipment (e.g., haul trucks and front-end loaders),
and loose or unstable ground conditions;
(3) A review of the emergency medical procedures, es-
cape and emergency evacuation plans, in effect at
the mine, and instruction on the firewarning sig-
nals and firefighting procedures;
(4) Instruction on the health and safety aspects of
the tasks to be assigned, including the safe work
procedures of such tasks, the mandatory health
and safety standards pertinent to such tasks, infor-
mation about the physical and health hazards of
chemicals in the miners work area, the protective
measures a miner can take against these hazards,
and the contents of the mines HazCom program;
(5) Instruction on the statutory rights of miners and
their representatives under the Act;
(6) A review and description of the line of authority
of supervisors and miners representatives and the
responsibilities of such supervisors and miners
representatives; and
(7) An introduction to your rules and procedures for
reporting hazards.
(c) No later than 60 calendar days You must provide the miner with an instruction and
after a newly hired experienced demonstration on the use, care, and maintenance
miner begins work at the mine of self-rescue and respiratory devices, if used at the
mine.
(d) Practice under the close observa- assigned task in paragraph (b)(4) of this
tion of a competent person may be used section, if hazard recognition training
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to fulfill the requirement for training specific to the assigned task is given
on the health and safety aspects of an before the miner performs the task.
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46.7 30 CFR Ch. I (7114 Edition)
(e) In addition to subjects specified in perform the task in a safe and health-
paragraphs (b) and (c) of this section, ful manner.
you may provide training on any other (d) Practice under the close observa-
subjects that promote occupational tion of a competent person may be used
health and safety for miners. to fulfill the requirement for task
(f) You are not required to provide a training under this section, if hazard
newly hired experienced miner who re- recognition training specific to the as-
turns to the same mine, following an signed task is given before the miner
absence of 12 months or less, with the performs the task.
training specified in paragraphs (b) and (e) Training provided under this sec-
(c) of this section. Instead you must tion may be credited toward new miner
provide such miner with training on training, as appropriate.
any changes at the mine that occurred [64 FR 53130, Sept. 30, 1999, as amended at 67
during the miners absence that could FR 42382, June 21, 2002]
adversely affect the miners health or
safety. This training must be given be- 46.8 Annual refresher training.
fore the miner begins work at the (a) You must provide each miner
mine. If the miner missed any part of with no less than 8 hours of annual re-
annual refresher training under 46.8 of fresher training
this part during the absence, you must (1) No later than 12 months after the
provide the miner with the missed miner begins work at the mine, or no
training no later than 90 calendar days later than March 30, 2001, whichever is
after the miner begins work at the later; and
mine. (2) Thereafter, no later than 12
[64 FR 53130, Sept. 30, 1999, as amended at 67 months after the previous annual re-
FR 42382, June 21, 2002] fresher training was completed.
(b) The refresher training must in-
46.7 New task training. clude instruction on changes at the
(a) You must provide any miner who mine that could adversely affect the
is reassigned to a new task in which he miners health or safety.
or she has no previous work experience (c) Refresher training must also ad-
with training in the health and safety dress other health and safety subjects
aspects of the task to be assigned, in- that are relevant to mining operations
cluding the safe work procedures of at the mine. Recommended subjects in-
such task, information about the phys- clude, but are not limited to: applica-
ical and health hazards of chemicals in ble health and safety requirements, in-
the miners work area, the protective cluding mandatory health and safety
measures a miner can take against standards; information about the phys-
these hazards, and the contents of the ical and health hazards of chemicals in
mines HazCom program. This training the miners work area, the protective
must be provided before the miner per- measures a miner can take against
forms the new task. these hazards, and the contents of the
(b) If a change occurs in a miners as- mines HazCom program; transpor-
signed task that affects the health and tation controls and communication
safety risks encountered by the miner, systems; escape and emergency evacu-
you must provide the miner with train- ation plans, firewarning and fire-
ing under paragraph (a) of this section fighting; ground conditions and con-
that addresses the change. trol; traffic patterns and control; work-
(c) You are not required to provide ing in areas of highwalls; water haz-
new task training under paragraphs (a) ards, pits, and spoil banks; illumina-
and (b) of this section to miners who tion and night work; first aid; elec-
have received training in a similar trical hazards; prevention of accidents;
task or who have previous work experi- health; explosives; and respiratory de-
ence in the task, and who can dem- vices. Training is also recommended on
onstrate the necessary skills to per- the hazards associated with the equip-
form the task in a safe and healthful ment that has accounted for the most
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Mine Safety and Health Admin., Labor 46.9
trucks, front-end loaders and tractors); (2) For newly hired experienced
conveyor systems; cranes; crushers; ex- miner training under 46.6, no later
cavators; and dredges. Other rec- than
ommended subjects include: mainte- (i) when the miner begins work at the
nance and repair (use of hand tools and mine; and
welding equipment); material handling; (ii) 60 calendar days after the miner
fall prevention and protection; and begins work at the mine.
working around moving objects (ma- (3) Upon completion of new task
chine guarding). training under 46.7;
[64 FR 53130, Sept. 30, 1999, as amended at 67 (4) After each session of annual re-
FR 42382, June 21, 2002] fresher training under 46.8; and
(5) Upon completion by miners of
46.9 Records of training. site-specific hazard awareness training
(a) You must record and certify on under 46.11.
MSHA Form 500023, or on a form that (d) You must ensure that all records
contains the information listed in of training under paragraphs (c)(1)
paragraph (b) of this section, that each through (c)(5) of this section are cer-
miner has received training required tified under paragraph (b)(5) of this sec-
under this part. tion and a copy provided to the miner
(b) The form must include: (1) Upon completion of the 24 hours of
(1) The printed full name of the per- new miner training;
son trained; (2) Upon completion of newly hired
(2) The type of training, the duration experienced miner training;
of the training, the date the training (3) At least once every 12 months for
was received, the name of the com- new task training, or upon request by
petent person who provided the train-
the miner, if applicable;
ing:
(4) Upon completion of the 8 hours of
(3) The name of the mine or inde-
annual refresher training; and
pendent contractor, MSHA mine iden-
tification number or independent con- (5) Upon completion by miners of
tractor identification number, and lo- site-specific hazard awareness training.
cation of training (if an institution, (e) False certification that training
the name and address of the institu- was completed is punishable under
tion). 110(a) and (f) of the Act.
(4) The statement, False certifi- (f) When a miner leaves your employ,
cation is punishable under 110(a) and you must provide each miner with a
(f) of the Federal Mine Safety and copy of his or her training records and
Health Act, printed in bold letters certificates upon request.
and in a conspicuous manner; and (g) You must make available at the
(5) A statement signed by the person mine a copy of each miners training
designated in the MSHA-approved records and certificates for inspection
training plan for the mine as respon- by us and for examination by miners
sible for health and safety training, and their representatives. If training
that states I certify that the above certificates are not maintained at the
training has been completed. mine, you must be able to provide the
(c) You must make a record of train- certificates upon request by us, miners,
ing under paragraphs (b)(1) through or their representatives.
(b)(4) of this section (h) You must maintain copies of
(1) For new miner training under training certificates and training
46.5, no later than records for each currently employed
(i) when the miner begins work at the miner during his or her employment,
mine as required under 46.5(b); except records and certificates of an-
(ii) 60 calendar days after the miner nual refresher training under 46.8,
begins work at the mine as required which you must maintain for only two
under 46.5(c); and years. You must maintain copies of
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(iii) 90 calendar days after the miner training certificates and training
begins work at the mine as required records for at least 60 calendar days
under 46.5(d), if applicable. after a miner terminates employment.
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46.10 30 CFR Ch. I (7114 Edition)
(i) You are not required to make site-specific hazard awareness training
records under this section of site-spe- for each mine.
cific hazard awareness training you (d) Site-specific hazard awareness
provide under 46.11 of this part to per- training is information or instructions
sons who are not miners under 46.2. on the hazards a person could be ex-
However, you must be able to provide posed to while at the mine, as well as
evidence to us, upon request, that the applicable emergency procedures. The
training was provided, such as the training must address site-specific
training materials that are used; copies health and safety risks, such as unique
of written information distributed to geologic or environmental conditions,
persons upon their arrival at the mine; recognition and avoidance of hazards
or visitor log books that indicate that such as electrical and powered-haulage
training has been provided. hazards, traffic patterns and control,
and restricted areas; and warning and
46.10 Compensation for training. evacuation signals, evacuation and
(a) Training must be conducted dur- emergency procedures, or other special
ing normal working hours. Persons re- safety procedures.
quired to receive training must be paid (e) You may provide site-specific haz-
at a rate of pay that corresponds to the ard awareness training through the use
rate of pay they would have received of written hazard warnings, oral in-
had they been performing their normal struction, signs and posted warnings,
work tasks. walkaround training, or other appro-
(b) If training is given at a location priate means that alert persons to site-
other than the normal place of work, specific hazards at the mine.
persons required to receive such train- (f) Site-specific hazard awareness
ing must be compensated for the addi- training is not required for any person
tional costs, including mileage, meals, who is accompanied at all times by an
and lodging, they may incur in attend- experienced miner who is familiar with
ing such training sessions. hazards specific to the mine site.
mine to another mine while remaining (2) The independent contractor must
employed by the same production-oper- inform the production-operator of any
ator or independent contractor with hazards of which the contractor is
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Mine Safety and Health Admin., Labor 47.2
aware that may be created by the per- 47.86 Denial of a written request for disclo-
formance of the contractors work at sure.
the mine. 47.87 Review of denial.
Subpart JExemptions
PART 47HAZARD
47.91 Exemptions from the HazCom stand-
COMMUNICATION (HazCom) ard.
47.92 Exemptions from labeling.
Subpart APurpose, Scope, Applicability,
and Initial Miner Training AUTHORITY: 30 U.S.C. 811, 825.
SOURCE: 67 FR 42383, June 21, 2002, unless
Sec. otherwise noted.
47.1 Purpose of a HazCom standard; applica-
bility.
47.2 Operators and chemicals covered; ini- Subpart APurpose, Scope, Ap-
tial miner training. plicability, and Initial Miner
Training
Subpart BDefinitions
47.1 Purpose of a HazCom standard;
47.11 Definitions of terms used in this part. applicability.
Subpart CHazard Determination The purpose of this part is to reduce
injuries and illnesses by ensuring that
47.21 Identifying hazardous chemicals. each operator
(a) Identifies the chemicals at the
Subpart DHazCom Program
mine,
47.31 Requirement for a HazCom program. (b) Determines which chemicals are
47.32 HazCom program contents. hazardous,
(c) Establishes a HazCom program,
Subpart EContainer Labels and Other and
Forms of Warning (d) Informs each miner who can be
exposed, and other on-site operators
47.41 Requirement for container labels.
47.42 Label contents. whose miners can be exposed, about
47.43 Label alternatives. chemical hazards and appropriate pro-
47.44 Temporary, portable containers. tective measures.
(e) As of September 23, 2002, all mines
Subpart FMaterial Safety Data Sheets employing six or more miners are re-
(MSDS) quired to comply with this part.
(f) As of March 21, 2003, all mines em-
47.51 Requirement for an MSDS. ploying five or fewer miners are re-
47.52 MSDS contents.
47.53 Alternative for hazardous waste.
quired to comply with this part.
47.54 Availability of an MSDS.
47.2 Operators and chemicals cov-
47.55 Retaining an MSDS.
ered; initial miner training.
Subpart G [Reserved] (a) This part applies to any operator
producing or using a hazardous chem-
Subpart HMaking HazCom Information ical to which a miner can be exposed
Available under normal conditions of use or in a
foreseeable emergency. (Subpart J of
47.71 Access to HazCom materials.
47.72 Cost for copies.
this part lists exemptions from cov-
47.73 Providing labels and MSDSs to cus- erage.)
tomers. (b) Operators of mines which employ
six or more miners must instruct each
Subpart ITrade Secret Hazardous miner with information about the
Chemical physical and health hazards of chemi-
cals in the miners work area, the pro-
47.81 Provisions for withholding trade se- tective measures a miner can take
crets.
47.82 Disclosure of information to MSHA.
against these hazards, and the contents
47.83 Disclosure in a medical emergency. of the mines HazCom program by Sep-
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47.11 30 CFR Ch. I (7114 Edition)
about the physical and health hazards contents of the mines HazCom pro-
of chemicals in the miners work area, gram by March 21, 2003.
the protective measures a miner can
take against these hazards, and the Subpart BDefinitions
Label .................................... Any written, printed, or graphic material displayed on or affixed to a container to identify its con-
tents and convey other relevant information.
Material safety data sheet Written or printed material concerning a hazardous chemical which
(MSDS).
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Mine Safety and Health Admin., Labor 47.21
TABLE 47.11DEFINITIONSContinued
Term Definition for purposes of HazCom
(a) Chemical brought to the mine .............. The chemical is hazardous when its MSDS or container label indicates it is a phys-
ical or health hazard; or the operator may choose to evaluate the chemical using
the criteria in paragraphs (b) and (c) of this table.
(b) Chemical produced at the mine ............ The chemical is hazardous if any one of the following that it is a hazard:
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47.31 30 CFR Ch. I (7114 Edition)
(1) Providing other operators with ac- (c) For each hazardous chemical
cess to MSDSs, and brought to the mine, the operator must
(2) Informing other operators about
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Mine Safety and Health Admin., Labor 47.52
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47.53 30 CFR Ch. I (7114 Edition)
(1) Identity ........................... The identity of the chemical or, if the chemical is a mixture, the identities of all hazardous ingredi-
ents. See 47.21 (Identifying hazardous chemicals).
(2) Properties ...................... The physical and chemical characteristics of the chemical, such as vapor pressure and solubility
in water.
(3) Physical ......................... The physical hazards of the chemical including the potential for fire, explosion, and reactivity.
(4) Health hazards .............. The health hazards of the chemical including
(i) Signs and symptoms of exposure,
(ii) Any medical conditions which are generally recognized as being aggravated by exposure to
the chemical, and
(iii) The primary routes of entry for the chemical, such as lungs, stomach, or skin.
(5) Exposure limits .............. For the chemical or the ingredients of a mixture
(i) The MSHA or OSHA permissible limit, if there is one, and
(ii) Any other exposure limit recommended by the preparer of the MSDS.
(6) Carcinogenicity .............. Whether the chemical or an ingredient in the mixture is a carcinogen or potential carcinogen. See
the sources specified in 47.21 (Identifying hazardous chemicals).
(7) Safe use ........................ Precautions for safe handling and use including
(i) Appropriate hygienic practices,
(ii) Protective measures during repair and maintenance of contaminated equipment, and
(iii) Procedures for clean-up of spills and leaks.
(8) Control measures .......... Generally applicable control measures such as engineering controls, work practices, and personal
protective equipment.
(9) Emergency information .. (i) Emergency medical and first-aid procedures; and
(ii) The name, address, and telephone number of the operator or other responsible party who can
provide additional information on the hazardous chemical and appropriate emergency proce-
dures.
(10) Date prepared .............. The date the MSDS was prepared or last changed.
(a) Retain its MSDS for as long as For a hazardous chemical produced
the hazardous chemical is known to be at the mine, the operator must provide
at the mine, and customers, upon request, with the
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Mine Safety and Health Admin., Labor 47.84
chemicals label or a copy of the label (1) A medical emergency exists, and
information, and the chemicals MSDS. (2) The identity of the hazardous
chemical is necessary for emergency or
Subpart ITrade Secret first-aid treatment.
Hazardous Chemical (b) The operator may require a writ-
ten statement of need and confiden-
47.81 Provisions for withholding tiality agreement in accordance with
trade secrets. the provisions of 47.84 and 47.85 as
(a) Operators may withhold the iden- soon as circumstances permit.
tity of a trade secret chemical, includ-
ing the name and other specific identi- 47.84 Non-emergency disclosure.
fication, from the written list of haz- Upon request, the operator must dis-
ardous chemicals, the label, and the close the identity of a trade secret
MSDS, provided that the operator chemical in a non-emergency situation
(1) Can support the claim that the to an exposed miner, the miners des-
chemicals identity is a trade secret, ignated representative, or a health pro-
(2) Identifies the chemical in a way fessional providing services to the
that it can be referred to without dis- miner, if the following conditions are
closing the secret, met.
(3) Indicates in the MSDS that the (a) The request is in writing.
chemicals identity is withheld as a (b) The request describes in reason-
trade secret, and able detail an occupational health need
(4) Discloses in the MSDS informa- for the information, as follows:
tion on the properties and effects of the (1) To assess the chemical hazards to
hazardous chemical. which the miner will be exposed.
(b) The operator must make the (2) To conduct or assess health sam-
chemicals identity available to min- pling to determine the miners expo-
ers, designated representatives, and sure levels.
health professionals in accordance with (3) To conduct reassignment or peri-
the provisions of this subpart. odic medical surveillance of the ex-
(c) This subpart does not require the
posed miner.
operator to disclose process or percent-
(4) To provide medical treatment to
age of mixture information, which is a
the exposed miner.
trade secret, under any circumstances.
(5) To select or assess appropriate
47.82 Disclosure of information to personal protective equipment for the
MSHA. exposed miner.
(a) Even if the operator has a trade (6) To design or assess engineering
secret claim, the operator must dis- controls or other protective measures
close to MSHA, upon request, any in- for the exposed miner.
formation which this subpart requires (7) To conduct studies to determine
the operator to make available. the health effects of exposure.
(b) The operator must make a trade (c) The request explains in detail why
secret claim, no later than at the time the disclosure of the following informa-
the information is provided to MSHA, tion would not satisfy the purpose de-
so that MSHA can determine the trade scribed in paragraph (b) of this section:
secret status and implement the nec- (1) The properties and effects of the
essary protection. chemical.
(2) Measures for controlling the min-
47.83 Disclosure in a medical emer- ers exposure to the chemical.
gency. (3) Methods of monitoring and ana-
(a) Upon request and regardless of lyzing the miners exposure to the
the existence of a written statement of chemical.
need or a confidentiality agreement, (4) Methods of diagnosing and treat-
the operator must immediately dis- ing harmful exposures to the chemical.
close the identity of a trade secret (d) The request describes the proce-
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chemical to the treating health profes- dures to be used to maintain the con-
sional when that person determines fidentiality of the disclosed informa-
that tion.
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47.85 30 CFR Ch. I (7114 Edition)
(e) The person making the request (3) Explaining how alternative infor-
enters a written confidentiality agree- mation will satisfy the specific medical
ment that he or she will not use the in- or occupational health need without
formation for any purpose other than revealing the chemicals identity.
the health needs asserted and agrees (b) Provide the denial to the health
not to release the information under professional, miner, or designated rep-
any circumstances, except as author- resentative within 30 days of the re-
ized by 47.85, by the terms of the quest.
agreement, or by the operator.
47.87 Review of denial.
47.85 Confidentiality agreement and
remedies. (a) The health professional, miner, or
designated representative may refer
(a) The confidentiality agreement au-
the written denial to MSHA for review.
thorized by 47.84
The request for review must include a
(1) May restrict the use of the trade
secret chemical identity to the health copy of
purposes indicated in the written state- (1) The request for disclosure of the
ment of need; identity of the trade secret chemical,
(2) May provide for appropriate legal (2) The confidentiality agreement,
remedies in the event of a breach of the and
agreement, including stipulation of a (3) The operators written denial.
reasonable pre-estimate of likely dam- (b) If MSHA determines that the
ages; identity of the trade secret chemical
(3) Must allow the exposed miner, the should have been disclosed, the oper-
miners designated representative, or ator will be subject to citation by
the health professional to disclose the MSHA.
trade secret chemical identity to (c) If MSHA determines that the con-
MSHA; fidentiality agreement would not suffi-
(4) May provide that the exposed ciently protect against unauthorized
miner, the miners designated rep- disclosure of the trade secret, MSHA
resentative, or the health professional may impose additional conditions to
inform the operator who provided the ensure that the occupational health
trade secret chemical identity prior to services are provided without an undue
or at the same time as its disclosure to risk of harm to the operator.
MSHA; and (d) If the operator contests a citation
(5) May not include requirements for for a failure to release the identity of a
the posting of a penalty bond. trade secret chemical, the matter will
(b) Nothing in this subpart precludes be adjudicated by the Federal Mine
the parties from pursuing non-contrac- Safety and Health Review Commission.
tual remedies to the extent permitted The Administrative Law Judge may re-
by law. view the citation and supporting docu-
47.86 Denial of a written request for mentation in camera or issue appro-
disclosure. priate orders to protect the trade se-
cret.
To deny a written request for disclo-
sure of the identity of a trade secret
chemical, the operator must Subpart JExemptions
(a) Put the denial in writing,
(1) Including evidence to substantiate 47.91 Exemptions from the HazCom
the claim that the chemicals identity standard.
is a trade secret, A hazardous chemical is exempt from
(2) Stating the specific reasons why this part under the conditions de-
the request is being denied, and scribed in Table 47.91 as follows:
TABLE 47.91CHEMICALS AND PRODUCTS EXEMPT FROM THIS HAZCOM STANDARD
Exemption Conditions for exemption
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Mine Safety and Health Admin., Labor Pt. 48
Chemical substance, consumer product, When kept in its manufacturers or suppliers original packaging labeled under other
hazardous substance, or pesticide. federal labeling requirements.
Hazardous substance ................................. When the subject of remedial or removal action under the Comprehensive Environ-
mental Response, Compensation and Liability Act (CERCLA) in accordance with
EPA regulations.
Hazardous waste ........................................ When regulated by EPA under the Solid Waste Disposal Act as amended by the
Resource Conservation and Recovery Act.
Raw material being mined or processed ... While on mine property, except when the container holds a mixture of the raw ma-
terial and another hazardous chemical and the mixture is found to be hazardous
under 47.21Identifying hazardous chemicals.
Wood or wood products, including lumber Wood or wood products are always exempt from labeling.
[67 FR 42383, June 21, 2002; 67 FR 42366, Sept. 11, 2002; 67 FR 63255, Oct. 11, 2002]
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48.1 30 CFR Ch. I (7114 Edition)
commencement of training; approval of ceived training under 48.6 (Experi-
instructors. enced miner training) of this subpart A
48.24 Cooperative training program. may, in lieu of subsequent training
48.25 Training of new miners; minimum
courses of instruction; hours of instruc- under that section for each new em-
tion. ployment, receive training under 48.11
48.26 Experienced miner training. (Hazard training) of this subpart A.
48.27 Training of miners assigned to a task This definition does not include:
in which they have had no previous expe- (i) Workers under subpart C of this
rience; minimum courses of instruction. part 48, engaged in the construction of
48.28 Annual refresher training of miners;
major additions to an existing mine
minimum courses of instruction; hours of
instruction. which requires the mine to cease oper-
48.29 Records of training. ations;
48.30 Compensation for training. (ii) Any person covered under para-
48.31 Hazard training. graph (a)(2) of this section.
48.32 Appeals procedures. (2) Miner means, for purposes of 48.11
AUTHORITY: 30 U.S.C. 811, 825. (Hazard training) of this subpart A, any
SOURCE: 43 FR 47459, Oct. 13, 1978, unless person working in an underground
otherwise noted. mine, including any delivery, office, or
scientific worker or occasional, short-
Subpart ATraining and term maintenance or service worker
contracted by the operator, and any
Retraining of Underground Miners student engaged in academic projects
48.1 Scope. involving his or her extended presence
at the mine. This definition excludes
The provisions of this subpart A set persons covered under paragraph (a)(1)
forth the mandatory requirements for of this section and subpart C of this
submitting and obtaining approval of part.
programs for training and retraining
(b) Experienced miner means:
miners working in underground mines.
(1) A miner who has completed
Requirements regarding compensation
MSHA-approved new miner training for
for training and retraining are also in-
underground miners or training accept-
cluded. The requirements for training
able to MSHA from a State agency and
and retraining miners working at sur-
who has had at least 12 months of un-
face mines and surface areas of under-
derground mining experience; or
ground mines are set forth in subpart B
of this part. (2) A supervisor who is certified
under an MSHA-approved State certifi-
48.2 Definitions. cation program and who is employed as
an underground supervisor on October
For the purposes of this subpart A
6, 1998; or
(a)(1) Miner means, for purposes of
48.3 through 48.10 of this subpart A, (3) An experienced underground
any person working in an underground miner on February 3, 1999.
mine and who is engaged in the extrac- (4)(i) A person employed as an under-
tion and production process, or en- ground shaft or slope construction
gaged in shaft or slope construction, or worker on June 28, 2006; or
who is regularly exposed to mine haz- (ii) A person who has six months of
ards, or who is a maintenance or serv- underground shaft or slope experience
ice worker employed by the operator or within 24 months before June 28, 2006.
a maintenance or service worker con- (c) New miner means a miner who is
tracted by the operator to work at the not an experienced miner.
mine for frequent or extended periods. (d) Normal working hours means a pe-
This definition shall include the oper- riod of time during which a miner is
ator if the operator works underground otherwise scheduled to work. This defi-
on a continuing, even if irregular basis. nition does not preclude scheduling
Short-term, specialized contract work- training classes on the sixth or seventh
ers, such as drillers and blasters, who working day if such a work schedule
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are engaged in the extraction and pro- has been established for a sufficient pe-
duction process or engaged in shaft or riod of time to be accepted as the oper-
slope construction and who have re- ators common practice. Miners shall
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Mine Safety and Health Admin., Labor 48.3
be paid at a rate of pay which shall cor- (1) The company name, mine name,
respond to the rate of pay they would and MSHA identification number of the
have received had they been per- mine.
forming their normal work tasks. (2) The name and position of the per-
(e) Operator means any owner, lessee, son designated by the operator who is
or other person who operates, controls responsible for health and safety train-
or supervises an underground mine; or ing at the mine. This person may be
any independent contractor identified the operator.
as an operator performing services or (3) A list of MSHA approved instruc-
construction at such mine. tors with whom the operator proposes
to make arrangements to teach the
(f) Task means a work assignment
courses, and the courses each instruc-
that includes duties of a job that occur
tor is qualified to teach.
on a regular basis and which requires
(4) The location where training will
physical abilities and job knowledge.
be given for each course.
(g) Act means the Federal Mine Safe- (5) A description of the teaching
ty and Health Act of 1977. methods and the course materials
[43 FR 47459, Oct. 13, 1978, as amended at 63 which are to be used in training.
FR 53759, Oct. 6, 1998; 70 FR 77727, Dec. 30, (6) The approximate number of min-
2005] ers employed at the mine and the max-
imum number who will attend each
48.3 Training plans; time of submis- session of training.
sion; where filed; information re- (7) The predicted time or periods of
quired; time for approval; method time when regularly scheduled re-
for disapproval; commencement of fresher training will be given. This
training; approval of instructors. schedule shall include the titles of
(a) Except as provided in paragraphs courses to be taught, the total number
(o) and (p) of this section, each oper- of instruction hours for each course,
ator of an underground mine shall have and the predicted time and length of
an MSHA approved plan containing each session of training.
programs for training new miners, (8) For the purposes of 48.7 (New
training experienced miners, training task training of miners) of this subpart
miners for new tasks, annual refresher A, the operator shall submit:
training, and hazard training for min- (i) A complete list of task assign-
ers as follows: ments to correspond with the defini-
(1) In the case of an underground tion of task in 48.2 (f) of this sub-
mine which is operating on the effec- part A.
tive date of this subpart A, the oper- (ii) The titles of personnel con-
ator of the mine shall submit such plan ducting the training for this section.
for approval within 90 days after the ef- (iii) The outline of training proce-
fective date of this subpart A. dures used in training miners in those
work assignments listed according to
(2) Within 60 days after the operator
paragraph (c)(8)(i) of this section.
submits the plan for approval, unless
(iv) The evaluation procedures used
extended by MSHA, the operator shall
to determine the effectiveness of train-
have an approved plan for the mine.
ing under 48.7 of this subpart A.
(3) In the case of a new underground (d) The operator shall furnish to the
mine which is to be opened or a mine representative of the miners a copy of
which is to be reopened or reactivated the training plan two weeks prior to its
after the effective date of this subpart submission to the District Manager.
A, the operator shall have an approved Where a miners representative is not
plan prior to opening the new mine, or designated, a copy of the plan shall be
reopening or reactivating the mine. posted on the mine bulletin board 2
(b) The training plan shall be filed weeks prior to its submission to the
with the District Manager for the area District Manager. Written comments
in which the mine is located. received by the operator from miners
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(c) Each operator shall submit to the or their representatives shall be sub-
District Manager the following infor- mitted to the District Manager. Miners
mation: or their representatives may submit
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48.3 30 CFR Ch. I (7114 Edition)
written comments directly to the Dis- sider such factors as the size of the
trict Manager. mine, the number of employees, the
(e) All training required by the train- mine safety record and remoteness
ing plan submitted to and approved by from a training facility when deter-
the District Manager as required by mining whether instructor approval
this subpart A shall be subject to eval- based on monitored performance is ap-
uation by the District Manager to de- propriate.
termine the effectiveness of the train- (4) On the effective date of this sub-
ing programs. If it is deemed necessary, part A, cooperative instructors who
the District Manager may require have been designated by MSHA to
changes in, or additions to, programs. teach MSHA approved courses and who
Upon request from the District Man- have taught such courses within the 24
ager the operator shall make available months prior to the effective date of
for evaluation the instructional mate- this subpart shall be considered ap-
rials, handouts, visual aids and other proved instructors for such courses.
teaching accessories used or to be used (i) Instructors may have their ap-
in the training programs. Upon request proval revoked by MSHA for good
from the District Manager the operator cause which may include not teaching
shall provide information concerning a course at least once every 24 months.
the schedules of upcoming training. Before any revocation is effective, the
(f) The operator shall make a copy of District Manager must send written
the MSHA approved training plan reasons for revocation to the instruc-
available at the mine site for MSHA in- tor and the instructor shall be given an
spection and for examination by the opportunity to demonstrate or achieve
miners and their representatives. compliance before the District Man-
(g) Except as provided in 48.7 (New ager on the matter. A decision by the
task training of miners) and 48.11 District Manager to revoke an instruc-
(Hazard training) of this subpart A, all tors approval may be appealed by the
courses shall be conducted by MSHA instructor to the Administrator for
approved instructors. Coal Mine Safety and Health or Admin-
(h) Instructors shall be approved by istrator for Metal and Non-metal Safe-
the District Manager in one or more of ty and Health, as appropriate, MSHA,
the following ways: 1100 Wilson Blvd., Room 2424 (Coal) or
(1) Instructors shall take an instruc- Room 2436 (Metal and Nonmetal), Ar-
tors training course conducted by the lington, Virginia 222093939. Such an
District Manager or given by persons appeal shall be submitted to the Ad-
designated by the District Manager to ministrator within 5 days of notifica-
give such instruction; and instructors tion of the District Managers decision.
shall have satisfactorily completed a Upon revocation of an instructors ap-
program of instruction approved by the proval, the District Manager shall im-
Office of Educational Policy and Devel- mediately notify operators who use the
opment, MSHA, in the subject matter instructor for training.
to be taught. (j) The District Manager for the area
(2) Instructors may be designated by in which the mine is located shall no-
MSHA as approved instructors to teach tify the operator and the miners rep-
specific courses based on written evi- resentative, in writing, within 60 days
dence of the instructors qualifications from the date on which the training
and teaching experience. plan is filed, of the approval or status
(3) At the discretion of the District of the approval of the training pro-
Manager, instructors may be des- grams.
ignated by MSHA as approved instruc- (1) If revisions are required for ap-
tors to teach specific courses based on proval, or to retain approval there-
the performance of the instructors after, the revisions required shall be
while teaching classes monitored by specified to the operator and the min-
MSHA. Operators shall indicate in the ers representative and the operator
training plans submitted for approval and the miners representative shall be
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Mine Safety and Health Admin., Labor 48.4
changes. The District Manager, in con- (o) Each operator engaged in shaft or
sultation with the operator and the slope construction shall have an
representative of the miners, shall fix a MSHA-approved training plan, as out-
time within which the discussion will lined in this section, containing pro-
be held, or alternate revisions or grams for training new miners, train-
changes submitted, before final ap- ing experienced miners, training min-
proval is made. ers for new tasks, annual refresher
(2) The District Manager may ap- training, and hazard training for min-
prove separate programs of the train- ers as follows:
ing plan and withhold approval of other (1) In the case of an operator engaged
programs, pending discussion of revi- in shaft or slope construction on De-
sions or submission of alternate revi- cember 30, 2005, the operator shall sub-
sions or changes. mit a plan for approval by May 1, 2006,
(k) Except as provided under 48.8(c) unless extended by MSHA.
(Annual refresher training of miners) (2) In the case of a new shaft or slope
of this subpart A, the operator shall construction operator after June 28,
commence training of miners within 60 2006, the operator shall have an ap-
days after approval of the training proved plan prior to commencing shaft
plan, or approved programs of the or slope construction.
training plan. (p) Each underground coal operator,
(l) The operator shall notify the Dis- who is required to submit a revised
trict Manager of the area in which the program of instruction for 30 CFR
mine is located, and the miners rep- 75.1502, shall also submit a revised
resentative of any changes or modifica- training plan under this part 48.
tions the operator proposes to make in
the approved training plan. The oper- (Pub. L. No. 96511, 94 Stat. 2812 (44 U.S.C.
ator shall obtain the approval of the 3501 et seq.))
District Manager for such changes or [43 FR 47459, Oct. 13, 1978; 44 FR 1980, Jan. 9,
modifications. 1979, as amended at 47 FR 14696, Apr. 6, 1982;
(m) In the event the District Man- 47 FR 23640, May 28, 1982; 47 FR 28095, June
ager disapproves a training plan or a 29, 1982; 60 FR 33722, June 29, 1995; 63 FR
53759, Oct. 6, 1998; 67 FR 38384, June 4, 2002; 70
proposed modification of a training FR 77727, Dec. 30, 2005; 71 FR 12268, Mar. 9,
plan or requires changes in a training 2006; 71 FR 71451, Dec. 8, 2006]
plan or modification, the District Man-
ager shall notify the operator and the 48.4 Cooperative training program.
miners representative in writing of:
(a) An operator of a mine may con-
(1) The specific changes or items of
duct his own training programs, or
deficiency.
may participate in training programs
(2) The action necessary to effect the
conducted by MSHA, or may partici-
changes or bring the disapproved train-
pate in MSHA approved training pro-
ing plan or modification into compli-
grams conducted by State or other
ance.
Federal agencies, or associations of
(3) The deadline for completion of re- mine operators, miners representa-
medial action to effect compliance,
tives, other mine operators, private as-
which shall serve to suspend punitive
sociations, or educational institutions.
action under the provisions of sections
(b) Each program and course of in-
104 and 110 of the Act and other related
regulations until that established dead- struction shall be given by instructors
line date, except that no such suspen- who have been approved by MSHA to
sion shall take place in imminent dan- instruct in the courses which are given,
ger situations. and such courses and the training pro-
grams shall be adapted to the mining
(n) The operator shall post on the
operations and practices existing at
mine bulletin board, and provide to the
the mine and shall be approved by the
miners representative, a copy of all
District Manager for the area in which
MSHA revisions and decisions which
the mine is located.
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48.5 30 CFR Ch. I (7114 Edition)
48.5 Training of new miners; min- (4) Introduction to the work environ-
imum courses of instruction; hours ment. The course shall include a visit
of instruction. and tour of the mine, or portions of the
(a) Each new miner shall receive no mine which are representative of the
less than 40 hours of training as pre- entire mine. A method of mining uti-
scribed in this section before such lized at the mine shall be observed and
miner is assigned to work duties. Such explained.
training shall be conducted in condi- (5) Mine map; escapeways; emergency
tions which as closely as practicable evacuation; barricading. The program of
duplicate actual underground condi- instruction for mine emergency evacu-
tions, and approximately 8 hours of ation and firefighting approved by the
training shall be given at the minesite. District Manager under 30 CFR 75.1502
(b) The training program for new or the escape and evacuation plan
miners shall include the following under 30 CFR 57.11053, as applicable,
courses: shall be used for this course. The
(1) Instruction in the statutory rights of course shall include
miners and their representatives under the (i) A review of the mine map; the
Act; authority and responsibility of super- escapeway system; the escape, fire-
visors. The course shall include instruc- fighting, and emergency evacuation
tion in the statutory rights of miners plans in effect at the mine; and the lo-
and their representatives under the cation of abandoned areas; and
Act, including a discussion of section 2 (ii) An introduction to the methods
of the Act; a review and description of of barricading and the locations of the
the line of authority of supervisors and barricading materials, where applica-
miners representatives and the respon- ble.
sibilities of such supervisors and min- (6) Roof or ground control and ventila-
ers representatives; and an introduc- tion plans. The course shall include an
tion to the operators rules and the introduction to and instruction on the
procedures for reporting hazards. roof or ground control plan in effect at
(2) Self-rescue and respiratory devices. the mine and procedures for roof and
The course shall be given before a new rib or ground control; and an introduc-
miner goes underground and shall in- tion to and instruction on the ventila-
clude tion plan in effect at the mine and the
(i) Instruction and demonstration in procedures for maintaining and con-
the use, care, and maintenance of self- trolling ventilation.
rescue and respiratory devices used at (7) Health. The course shall include
the mine; instruction on the purpose of taking
(ii) Hands-on training in the com- dust, noise, and other health measure-
plete donning of all types of self-con- ments, and any health control plan in
tained self-rescue devices used at the effect at the mine shall be explained.
mine, which includes assuming a don- The health provisions of the act and
ning position, opening the device, acti- warning labels shall also be explained.
vating the device, inserting the mouth- (8) Cleanup; rock dusting. The course
piece, and putting on the nose clip; and shall include instruction on the pur-
(iii) Hands-on training in transfer- pose of rock dusting and the cleanup
ring between all applicable self-rescue and rock dusting program in effect at
devices. the mine, where applicable.
(3) Entering and leaving the mine; (9) Hazard recognition. The course
transportation; communications. The shall include the recognition and
course shall include instruction on the avoidance of hazards present in the
procedures in effect for entering and mine, particularly any hazards related
leaving the mine; the check-in and to explosives where explosives are used
checkout system in effect at the mine; or stored at the mine.
the procedures for riding on and in (10) Electrical hazards. The course
mine conveyances; the controls in ef- shall include recognition and avoid-
fect for the transportation of miners ance of electrical hazards.
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and materials; and the use of the mine (11) First aid. The course shall include
communication systems, warning sig- instruction in first aid methods accept-
nals, and directional signs. able to MSHA.
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Mine Safety and Health Admin., Labor 48.6
(12) Mine gases. The course shall in- (3) Experienced underground miners
clude instruction in the detection and transferred from surface to under-
avoidance of hazards associated with ground; or
mine gases. (4) Returning to the mine after an ab-
(13) Health and safety aspects of the sence of more than 12 months.
tasks to which the new miner will be as- (b) Experienced miners must com-
signed. The course shall include in- plete the training prescribed in this
struction in the health and safety as- section before beginning work duties.
pects of the tasks to be assigned, in- Each experienced miner returning to
cluding the safe work procedures of mining following an absence of 5 years
such tasks, the mandatory health and or more, must receive at least 8 hours
safety standards pertinent to such of training. The training must include
tasks, information about the physical the following instruction:
and health hazards of chemicals in the (1) Introduction to work environment.
miners work area, the protective The course shall include a visit and
measures a miner can take against tour of the mine. The methods of min-
these hazards, and the contents of the ing utilized at the mine shall be ob-
mines HazCom program. served and explained.
(14) Such other courses as may be re- (2) Mandatory health and safety stand-
quired by the District Manager based ards. The course shall include the man-
on circumstances and conditions at the datory health and safety standards per-
mine. tinent to the tasks to be assigned.
(c) Methods, including oral, written, (3) Authority and responsibility of su-
or practical demonstration, to deter- pervisors and miners representatives. The
mine successful completion of the course shall include a review and de-
training shall be included in the train- scription of the line of authority of su-
ing plan. The methods for determining pervisors and miners representatives
such completion shall be administered and the responsibilities of such super-
to the miner before he is assigned work visors and miners representatives; and
duties. an introduction to the operators rules
(d) A newly employed miner who has and the procedures for reporting haz-
less than 12 months of mining experi- ards.
ence and has received the courses and (4) Entering and leaving the mine;
hours of instruction in paragraphs (a) transportation; communications. The
and (b) of this section, within 36 course shall include instruction in the
months preceding employment at a procedures in effect for entering and
mine, does not have to repeat this leaving the mine; the check-in and
training. Before the miner starts work, checkout system in effect at the mine;
the operator must provide the miner the procedures for riding on and in
with the experienced miner training in mine conveyances; the controls in ef-
48.6(b) of this part and, if applicable, fect for the transportation of miners
the new task training in 48.7 of this and materials; and the use of the mine
part. The operator must also provide communication systems, warning sig-
the miner with annual refresher train- nals, and directional signs.
ing and additional new task training,
(5) Mine map; escapeways; emergency
as applicable.
evacuation; barricading. The program of
[43 FR 47459, Oct. 13, 1978, as amended at 47 instruction for mine emergency evacu-
FR 23640, May 28, 1982; 53 FR 10335, Mar. 30, ation and firefighting approved by the
1988; 63 FR 53760, Oct. 6, 1998; 67 FR 42388, District Manager under 30 CFR 75.1502
June 21, 2002; 71 FR 12268, Mar. 9, 2006; 71 FR or the escape and evacuation plan
71451, Dec. 8, 2006] under 30 CFR 57.11053, as applicable,
shall be used for this course. The
48.6 Experienced miner training.
course shall include
(a) Except as provided in paragraph (i) A review of the mine map; the
(e), this section applies to experienced escapeway system; the escape, fire-
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48.7 30 CFR Ch. I (7114 Edition)
(ii) Methods of barricading and the rescue and respiratory devices used at
locations of barricading materials, the mine;
where applicable. (ii) Hands-on training in the com-
(6) Roof or ground control and ventila- plete donning of all types of self-con-
tion plans. The course shall include an tained self-rescue devices used at the
introduction to and instruction on the mine, which includes assuming a don-
roof or ground control plan in effect at ning position, opening the device, acti-
the mine and procedures for roof and vating the device, inserting the mouth-
rib or ground control; and an introduc- piece, and putting on the nose clip; and
tion to and instruction on the ventila- (iii) Hands-on training in transfer-
tion plan in effect at the mine and the ring between all applicable self-rescue
procedures for maintaining and con- devices.
trolling ventilation. (13) Such other courses as may be re-
quired by the District Manager based
(7) Hazard recognition. The course
on circumstances and conditions at the
must include the recognition and
mine.
avoidance of hazards present in the
(c) The operator may include instruc-
mine. tion on additional safety and health
(8) Prevention of accidents. The course subjects based on circumstances and
must include a review of the general conditions at the mine.
causes of accidents applicable to the (d) The training time spent on indi-
mine environment, causes of specific vidual subjects must vary depending
accidents at the mine, and instruction upon the training needs of the miners.
in accident prevention in the work en- (e) Any miner returning to the same
vironment. mine, following an absence of 12
(9) Emergency medical procedures. The months or less, must receive training
course must include instruction on the on any major changes to the mine envi-
mines emergency medical arrange- ronment that have occurred during the
ments and the location of the mines miners absence and that could ad-
first aid equipment and supplies. versely affect the miners health or
(10) Health. The course must include safety.
instruction on the purpose of taking (1) A person designated by the oper-
dust, noise, and other health measure- ator who is knowledgeable of these
ments, where applicable; must review changes must conduct the training in
the health provisions of the Act; and this paragraph. An MSHA approved in-
must explain warning labels and any structor is not required to conduct the
health control plan in effect at the training outlined in this paragraph.
mine. (2) No record of this training is re-
(11) Health and safety aspects of the quired.
tasks to which the experienced miner is (3) The miner must also complete an-
assigned. The course must include in- nual refresher training as required in
struction in the health and safety as- 48.8, if the miner missed taking that
pects of the tasks assigned, including training during the absence.
the safe work procedures of such tasks, [43 FR 47459, Oct. 13, 1978, as amended at 47
information about the physical and FR 23640, May 28, 1982; 53 FR 10335, Mar. 30,
health hazards of chemicals in the min- 1988; 53 FR 12415, Apr. 14, 1988; 63 FR 53760,
ers work area, the protective measures Oct. 6, 1998; 67 FR 42388, June 21, 2002; 71 FR
12268, Mar. 9, 2006; 71 FR 71451, Dec. 8, 2006]
a miner can take against these haz-
ards, and the contents of the mines 48.7 Training of miners assigned to a
HazCom program. Experienced miners task in which they have had no pre-
who must complete new task training vious experience; minimum courses
under 48.7 do not need to take train- of instruction.
ing under this paragraph. (a) Miners assigned to new work
(12) Self-rescue and respiratory devices. tasks as mobile equipment operators,
The course shall be given before the drilling machine operators, haulage
miner goes underground and shall in- and conveyor systems operators, roof
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Mine Safety and Health Admin., Labor 48.8
operations without direction and im- use of the mine communication sys-
mediate supervision until such miners tems, warning signals, and directional
have demonstrated safe operating pro- signs.
247
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48.9 30 CFR Ch. I (7114 Edition)
(3) Barricading. The course shall in- dust, noise, and other health measure-
clude a review of the methods of barri- ments and any health control plan in
cading and locations of barricading effect at the mine shall be explained.
materials, where applicable. The health provisions of the Act and
(4) Roof or ground control, ventilation, warning labels shall also be explained.
emergency evacuation and firefighting (12) Such other courses as may be re-
plans. The course shall include a review quired by the District Manager based
of roof or ground control plans in effect on circumstances and conditions at the
at the mine and the procedures for mine.
maintaining and controlling ventila- (c) Refresher training may include
tion. In addition, for underground coal other health and safety subjects that
mines, except for miners who receive are relevant to mining operations at
this training under 30 CFR 75.1504, the the mine. Recommended subjects in-
course shall include a review of the clude, but are not limited to, informa-
emergency evacuation and firefighting tion about the physical and health haz-
program of instruction in effect at the ards of chemicals in the miners work
mine. area, the protective measures a miner
(5) First aid. The course shall include can take against these hazards, and the
a review of first aid methods accept- contents of the mines HazCom pro-
able to MSHA. gram.
(6) Electrical hazards. The course shall
(d) All persons employed as shaft or
include recognition and avoidance of
slope construction workers on June 28,
electrical hazards.
2006 must receive annual refresher
(7) Prevention of accidents. The course
training within 12 months of June 2006.
shall include a review of accidents and
causes of accidents, and instruction in (e) Where annual refresher training is
accident prevention in the work envi- conducted periodically, such sessions
ronment. shall not be less than 30 minutes of ac-
(8) Self-rescue and respiratory devices. tual instruction time and the miners
The course shall include instruction shall be notified that the session is
and demonstration in the use, care, and part of annual refresher training.
maintenance of self-rescue and res- [43 FR 47459, Oct. 13, 1978, as amended at 47
piratory devices used at the mine. In FR 23640, May 28, 1982; 53 FR 10336, Mar. 30,
addition, except for miners who receive 1988; 63 FR 53760, Oct. 6, 1998; 67 FR 42389,
this training under 30 CFR 75.1504, the June 21, 2002; 67 FR 76665, Dec. 12, 2002; 68 FR
training for self-contained self-rescue 53049, Sept. 9, 2003; 71 FR 12269, Mar. 9, 2006;
(SCSR) devices shall include: 70 FR 77727, Dec. 30, 2005; 71 FR 71451, Dec. 8,
2006]
(i) Hands-on training in the complete
donning of all types of self-contained 48.9 Records of training.
self-rescue devices used at the mine,
which includes assuming a donning po- (a) Upon a miners completion of
sition, opening the device, activating each MSHA approved training pro-
the device, inserting the mouthpiece, gram, the operator shall record and
and putting on the nose clip; and certify on MSHA form 500023 that the
(ii) Hands-on training in transferring miner has received the specified train-
between all applicable self-rescue de- ing. A copy of the training certificate
vices. shall be given to the miner at the com-
(9) Explosives. The course shall in- pletion of the training. The training
clude a review and instruction on the certificates for each miner shall be
hazards related to explosives. The only available at the minesite for inspection
exception to this course component is by MSHA and for examination by the
when there are no explosives used or miners, the miners representative, and
stored on the mine property. State inspection agencies. When a
(10) Mine gases. The course shall in- miner leaves the operators employ,
clude instruction in the detection and the miner shall be entitled to a copy of
avoidance of hazards associated with his training certificates.
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Mine Safety and Health Admin., Labor 48.12
(c) Copies of training certificates for (c) The training program required by
currently employed miners shall be this section shall be submitted with
kept at the minesite for 2 years, or for the training plan required by 48.3(a)
60 days after termination of employ- (Training plans: Submission and ap-
ment. proval) of this subpart A and shall in-
(Pub. L. No. 96511, 94 Stat. 2812 (44 U.S.C. clude a statement on the methods of
3501 et seq.)) instruction to be used.
[43 FR 47459, Oct. 13, 1978, as amended at 47 (d) In accordance with 48.9 (Records
FR 14706, Apr. 6, 1982; 60 FR 33722, June 29, of training) of this subpart A, the oper-
1995] ator shall maintain and make available
for inspection certificates that miners
48.10 Compensation for training.
have received the hazard training re-
(a) Training shall be conducted dur- quired by this section.
ing normal working hours; miners at- (e) Miners subject to hazard training
tending such training shall receive the shall be accompanied at all times while
rate of pay as provided in 48.2(d) (Defi- underground by an experienced miner,
nition of normal working hours) of this
as defined in 48.2(b) (Definition of
subpart A.
miner) of this subpart A.
(b) If such training shall be given at
a location other than the normal place [43 FR 47459, Oct. 13, 1978, as amended at 47
of work, miners shall be compensated FR 23640, May 25, 1982; 53 FR 10336, Mar. 30,
for the additional cost, such as mile- 1988; 71 FR 12269, Mar. 9, 2006; 71 FR 71452,
age, meals, and lodging, they may Dec. 8, 2006]
incur in attending such training ses-
sions. 48.12 Appeals procedures.
The operator, miner, and miners rep-
48.11 Hazard training.
resentative shall have the right of ap-
(a) Operators shall provide to those peal from a decision of the District
miners, as defined in 48.2(a)(2) (Defini- Manager.
tion of miner) of this subpart A, a (a) In the event an operator, miner,
training program before such miners
or miners representative decides to ap-
commence their work duties. This
peal a decision by a District Manager,
training program shall include the fol-
lowing instruction, which is applicable such an appeal shall be submitted, in
to the duties of such miners: writing, to the Administrator for Coal
(1) Hazard recognition and avoidance; Mine Safety and Health or Adminis-
(2) Emergency and evacuation proce- trator for Metal and Nonmetal Mine
dures; Safety and Health, as appropriate,
(3) Health and safety standards, safe- MSHA, 1100 Wilson Boulevard, Arling-
ty rules, and safe working procedures; ton, VA 22209-3939, within 30 days of no-
(4) Use of self-rescue and respiratory tification of the District Managers de-
devices, including: cision.
(i) Hands-on training in the complete (b) The Administrator may require
donning of all types of self-contained additional information from the oper-
self-rescue devices used at the mine, ator, the miners, or their representa-
which includes assuming a donning po- tives, and the District Manager, if the
sition, opening the device, activating Administrator determines such infor-
the device, inserting the mouthpiece, mation is necessary.
and putting on the nose clip; and
(c) The Administrator shall render a
(ii) Hands-on training in transferring
between all applicable self-rescue de- decision on the appeal within 30 days
vices; and after receipt of the appeal.
(5) Such other instruction as may be [43 FR 47459, Oct. 13, 1978, as amended at 47
required by the District Manager based FR 23640, May 28, 1982; 71 FR 16666, Apr. 3,
on circumstances and conditions at the 2006]
mine.
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48.21 30 CFR Ch. I (7114 Edition)
250
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Mine Safety and Health Admin., Labor 48.23
(f) Task means a work assignment (2) The name and position of the per-
that includes duties of a job that occur son designated by the operator who is
on a regular basis and which requires responsible for health and safety train-
physical abilities and job knowledge. ing at the mine. This person may be
(g) Act means the Federal Mine Safe- the operator.
ty and Health Act of 1977. (3) A list of MSHA approved instruc-
tors with whom the operator proposes
[43 FR 47459, Oct. 13, 1978; 44 FR 1980, Jan. 9,
to make arrangements to teach the
1979, as amended at 63 FR 53759, 53760, Oct. 6,
1998; 70 FR 77727, Dec. 30, 2005] courses, and the courses each instruc-
tor is qualified to teach.
48.23 Training plans; time of submis- (4) The location where training will
sion; where filed; information re- be given for each course.
quired; time for approval; method (5) A description of the teaching
for disapproval; commencement of methods and the course materials
training; approval of instructors. which are to be used in training.
(a) Except as provided in paragraph (6) The approximate number of min-
(o) of this section, each operator of a ers employed at the mine and the max-
surface mine shall have an MSHA-ap- imum number who will attend each
proved plan containing programs for session of training.
training new miners, training experi- (7) The predicted time or periods of
enced miners, training miners for new time when regularly scheduled re-
tasks, annual refresher training, and fresher training will be given. This
hazard training for miners as follows: schedule shall include the titles of
(1) In the case of a mine which is op- courses to be taught, the total number
erating on the effective date of this of instruction hours for each course,
subpart B, the operator of the mine and the predicted time and length of
shall submit such plan for approval each session of training.
within 150 days after the effective date (8) For the purposes of 48.27 (New
of this subpart B. task training of miners) of this subpart
(2) Within 60 days after the operator B, the operator shall submit:
submits the plan for approval, unless (i) A complete list of task assign-
extended by MSHA, the operator shall ments to correspond with the defini-
have an approved plan for the mine. tion of task in 48.22(f) of this sub-
(3) In the case of a new mine which is part B.
to be opened or a mine which is to be (ii) The titles of personnel con-
reopened or reactivated after the effec- ducting the training for this section.
tive date of this subpart B, the oper- (iii) The outline of training proce-
ator shall have an approved plan prior dures used in training miners in those
to opening the new mine, or reopening work assignments listed according to
or reactivating the mine unless the paragraph (c)(8)(i) of this section.
mine is reopened or reactivated peri- (iv) The evaluation procedures used
odically using portable equipment and to determine the effectiveness of train-
mobile teams of miners as a normal ing under 48.27 of this subpart B.
method of operation by the operator. (d) The operator shall furnish to the
The operator to be so excepted shall representative of the miners a copy of
maintain an approved plan for training the training plan 2 weeks prior to its
covering all mine locations which are submission to the District Manager.
operated with portable equipment and Where a miners representative is not
mobile teams of miners. designated, a copy of the plan shall be
(b) The training plan shall be filed posted on the mine bulletin board 2
with the District Manager for the area weeks prior to its submission to the
in which the mine is located. District Manager. Written comments
(c) Each operator shall submit to the received by the operator from miners
District Manager the following infor- or their representatives shall be sub-
mation: mitted to the District Manager. Miners
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(1) The company name, mine name, or their representatives may submit
and MSHA identification number of the written comments directly to the Dis-
mine. trict Manager.
251
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48.23 30 CFR Ch. I (7114 Edition)
(e) All training required by the train- mine safety record and remoteness
ing plan submitted to and approved by from a training facility when deter-
the District Manager as required by mining whether instructor approval
this subpart B shall be subject to eval- based on monitored performance is ap-
uation by the District Manager to de- propriate.
termine the effectiveness of the train- (4) On the effective date of this sub-
ing programs. If it is deemed necessary, part B, cooperative instructors who
the District Manager may require have been designated by MSHA to
changes in, or additions to, programs. teach MSHA approved courses and who
Upon request from the District Man- have taught such courses within 24
ager the operator shall make available months prior to the effective date of
for evaluation the instructional mate- this subpart shall be considered ap-
rials, handouts, visual aids, and other proved instructors for such courses.
teaching accessories used or to be used (i) Instructors may have their ap-
in the training programs. Upon request proval revoked by MSHA for good
from the District Manager the operator cause which may include not teaching
shall provide information concerning a course at least once every 24 months.
schedules of upcoming training. Before any revocation is effective, the
(f) The operator shall make a copy of District Manager must send written
the MSHA approved training plan reasons for revocation to the instruc-
available at the mine site for MSHA in- tor and the instructor shall be given an
spection and examination by the min- opportunity to demonstrate or achieve
ers and their representatives.
compliance before the District Man-
(g) Except as provided in 48.27 (New
ager on the matter. A decision by the
task training of miners) and 48.31
District Manager to revoke an instruc-
(Hazard training) of this subpart B, all
tors approval may be appealed by the
courses shall be conducted by MSHA
instructor to the Administrator for
approved instructors.
Coal Mine Safety and Health or Admin-
(h) Instructors shall be approved by
istrator for Metal and Non-metal Safe-
the District Manager in one or more of
ty and Health, as appropriate, MSHA,
the following ways:
1100 Wilson Blvd., Room 2424 (Coal) or
(1) Instructors shall take an instruc-
Room 2436 (Metal and Nonmetal), Ar-
tors training course conducted by the
District Manager or given by persons lington, Virginia 222093939. Such an
designated by the District Manager to appeal shall be submitted to the Ad-
give such instruction; and instructors ministrator within 5 days of notifica-
shall have satisfactorily completed a tion of the District Managers decision.
program of instruction approved by the Upon revocation of an instructors ap-
Office of Educational Policy and Devel- proval, the District Manager shall im-
opment, MSHA, in the subject matter mediately notify operators who use the
to be taught. instructor for training.
(2) Instructors may be designated by (j) The District Manager for the area
MSHA as approved instructors to teach in which the mine is located shall no-
specific courses based on written evi- tify the operator and the miners rep-
dence of the instructors qualifications resentative, in writing, within 60 days
and teaching experience. from the date on which the training
(3) At the discretion of the District plan is filed, of the approval or status
Manager, instructors may be des- of the approval of the training pro-
ignated by MSHA as approved instruc- grams.
tors to teach specific courses based on (1) If revisions are required for ap-
the performance of the instructors proval, or to retain approval there-
while teaching classes monitored by after, the revisions required shall be
MSHA. Operators shall indicate in specified to the operator and the min-
training plans submitted for approval ers representative and the operator
whether they want to have instructors and the miners representative shall be
approved based on monitored perform- afforded an opportunity to discuss the
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ance. The District Manager shall con- revisions with the District Manager, or
sider such factors as the size of the propose alternate revisions or changes.
mine, the number of employees, the The District Manager, in consultation
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Mine Safety and Health Admin., Labor 48.25
with the operator and the representa- lined in this section, containing pro-
tive of miners, shall fix a time within grams for training new miners, train-
which the discussion will be held, or al- ing experienced miners, training min-
ternate revisions or changes submitted, ers for new tasks, annual refresher
before final approval is made. training, and hazard training for min-
(2) The District Manager may ap- ers as follows:
prove separate programs of the train- (1) In the case of an operator engaged
ing plan and withhold approval of other in shaft or slope construction on De-
programs, pending discussion of revi- cember 30, 2005, the operator shall sub-
sions or submission of alternate revi- mit a plan for approval by May 1, 2006,
sions or changes. unless extended by MSHA.
(k) Except as provided under 48.28(c) (2) In the case of a new shaft or slope
(Annual refresher training of miners) construction operator after June 28,
of this subpart B, the operator shall 2006, the operator shall have an ap-
commence training of miners within 60 proved plan prior to commencing shaft
days after approval of the training or slope construction.
plan, or approved programs of the
(Pub. L. No. 96511, 94 Stat. 2812 (44 U.S.C.
training plan.
3501 et seq.))
(l) The operator shall notify the Dis-
trict Manager of the area in which the [43 FR 47459, Oct. 13, 1978, as amended at 47
mine is located and the miners rep- FR 14696, Apr. 6, 1982; 47 FR 23640, May 28,
resentative of any changes of modifica- 1982; 47 FR 28095, June 29, 1982; 60 FR 33723,
June 29, 1995; 63 FR 52759, Oct. 6, 1998; 67 FR
tions which the operator proposes to 38384, June 4, 2002; 70 FR 77727, Dec. 30, 2005]
make in the approval training plan.
The operator shall obtain the approval 48.24 Cooperative training program.
of the District Manager for such
changes or modifications. (a) An operator of a mine may con-
(m) In the event the District Man- duct his own training programs, or
ager disapproves a training plan or a may participate in training programs
proposed modification of a training conducted by MSHA, or may partici-
plan or requires changes in a training pate in MSHA approved training pro-
plan or modification, the District Man- grams conducted by State or other
ager shall notify the operator and the Federal agapproval; encies, or associa-
miners representative in writing of: tions of mine operators, miners rep-
(1) The specific changes or items of resentatives, other mine operators, pri-
deficiency. vate associations, or educational insti-
(2) The action necessary to effect the tutions.
changes or bring the disapproved train- (b) Each program and course of in-
ing plan or modification into compli- struction shall be given by instructors
ance. who have been approved by MSHA to
(3) The deadline for completion of re- instruct in the courses which are given,
medial action to effect compliance, and such courses and the training pro-
which shall serve to suspend punitive grams shall be adapted to the mining
action under the provisions of sections operations and practices existing at
104 and 110 of the Act and other related the mine and shall be approved by the
regulations until that established dead- District Manager for the area in which
line date, except that no such suspen- the mine is located.
sion shall take place in imminent dan- [43 FR 47459, Oct. 13, 1978, as amended at 47
ger situations. FR 23641, May 28, 1982]
(n) The operator shall post on the
mine bulletin board, and provide to the 48.25 Training of new miners; min-
miners representative, a copy of all imum courses of instruction; hours
MSHA revisions and decisions which of instruction.
concern the training plan at the mine (a) Each new miner shall receive no
and which are issued by the District less than 24 hours of training as pre-
Manager. scribed in this section. Except as other-
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(o) Each operator engaged in shaft or wise provided in this paragraph, new
slope construction shall have an miners shall receive this training be-
MSHA-approved training plan, as out- fore they are assigned to work duties.
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48.25 30 CFR Ch. I (7114 Edition)
At the discretion of the District Man- rials; and the use of mine communica-
ager, new miners may receive a portion tion systems, warning signals, and di-
of this training after assignment to rectional signs.
work duties: Provided, That no less (4) Introduction to work environment.
than 8 hours of training shall in all The course shall include a visit and
cases be given to new miners before tour of the mine, or portions of the
they are assigned to work duties. The mine which are representative of the
following courses shall be included in entire mine. The method of mining or
the 8 hours of training: Introduction to operation utilized shall be observed and
work environment, hazard recognition, explained.
and health and safety aspects of the
(5) Escape and emergency evacuation
tasks to which the new miners will be
assigned. Following the completion of plans; firewarning and firefighting. The
this preassignment training, new min- course shall include a review of the
ers shall then receive the remainder of mine escape system, and escape and
the required 24 hours of training, or up emergency evacuation plans in effect
to 16 hours, within 60 days. Operators at the mine; and instruction in the
shall indicate in the training plans sub- firewarning signals and firefighting
mitted for approval whether they want procedures.
to train new miners after assignment (6) Ground control; working in areas of
to duties and for how many hours. In highwalls, water hazards, pits and spoil
determining whether new miners may banks; illumination and night work. The
be given this training after they are as- course shall include, where applicable,
signed duties, the District Manager and introduction to and instruction on
shall consider such factors as the mine the highwall and ground control plans
safety record, rate of employee turn- in effect at the mine; procedures for
over and mine size. Miners who have working safely in areas of highwalls,
not received the full 24 hours of new water hazards, pits and spoil banks; the
miner training shall be required to illumination of work areas; and safe
work under the close supervision of an work procedures during the hours of
experienced miner. darkness.
(b) The training program for new
(7) Health. The course shall include
miners shall include the following
courses: instruction on the purpose of taking
(1) Instruction in the statutory rights of dust measurements, where applicable,
miners and their representatives under the and noise and other health measure-
Act; authority and responsibility of super- ments, and any health control plan in
visors. The course shall include instruc- effect at the mine shall be explained.
tion in the statutory rights of miners The health provisions of the Act and
and their representatives under the warning labels shall also be explained.
Act, including a discussion of section 2 (8) Hazard recognition. The course
of the Act; a review and description of shall include the recognition and
the line of authority of supervisors and avoidance of hazards present in the
miners representatives and the respon- mine.
sibilities of such supervisors and min- (9) Electrical hazards. The course shall
ers representatives; and an introduc- include recognition and avoidance of
tion to the operators rules and the electrical hazards.
procedures for reporting hazards. (10) First aid. The course shall include
(2) Self-rescue and respiratory devices. instruction in first aid methods accept-
The course shall include instruction able to MSHA.
and demonstration in the use, care, and
(11) Explosives. The course shall in-
maintenance of self-rescue and res-
clude a review and instruction on the
piratory devices, where applicable.
(3) Transportation controls and commu- hazards related to explosives. The only
nication systems. The course shall in- exception to this course component is
clude instruction on the procedures in when no explosives are used or stored
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Mine Safety and Health Admin., Labor 48.26
(12) Health and safety aspects of the (4) Returning to the mine after an ab-
tasks to which the new miner will be as- sence of more than 12 months.
signed. The course shall include in- (b) Experienced miners must com-
structions in the health and safety as- plete the training prescribed in this
pects of the tasks to be assigned, in- section before beginning work duties.
cluding the safe work procedures of Each experienced miner returning to
such tasks, the mandatory health and mining following an absence of 5 years
safety standards pertinent to such or more, must receive at least 8 hours
tasks, information about the physical of training. The training must include
and health hazards of chemicals in the the following instruction:
miners work area, the protective (1) Introduction to work environment.
measures a miner can take against The course shall include a visit and
these hazards, and the contents of the tour of the mine. The methods of min-
mines HazCom program. ing or operations utilized at the mine
(13) Such other courses as may be re-
shall be observed and explained.
quired by the District Manager based
(2) Mandatory health and safety stand-
on circumstances and conditions at the
mine. ards. The course shall include the man-
(c) Methods, including oral, written datory health and safety standards per-
or practical demonstration, to deter- tinent to the tasks to be assigned.
mine successful completion of the (3) Authority and responsibility of su-
training shall be included in the train- pervisors and miners representatives. The
ing plan. Upon completion of training, course shall include a review and de-
the methods for determining successful scription of the line of authority of su-
completion shall be administered to pervisors and miners representatives
the miner. The method for determining and the responsibilities of such super-
successful completion of pre-assign- visors and miners representatives; and
ment training under paragraph (a) of an introduction to the operators rules
this section shall be administered to and the procedures for reporting haz-
the miner before he is assigned to work ards.
duties. (4) Transportation controls and commu-
(d) A newly employed miner who has nication systems. The course shall in-
less than 12 months of mining experi- clude instruction on the procedures in
ence and has received the courses and effect for riding on and in mine convey-
hours of instruction in paragraphs (a) ances; the controls for the transpor-
and (b) of this section, within 36 tation of miners and materials; and the
months preceding employment at a use of the mine communication sys-
mine, does not have to repeat this tems, warning signals, and directional
training. Before the miner starts work, signs.
the operator must provide the miner (5) Escape and emergency evacuation
with the experienced miner training in plans; firewarning and firefighting. The
48.26(b) of this part and, if applicable, course must include a review of the
the new task training in 48.27 of this mine escape system and the escape and
part. The operator must also provide emergency evacuation plans in effect
the miner with annual refresher train- at the mine, and instruction in the
ing and additional new task training, firewarning signals and firefighting
as applicable. procedures in effect at the mine.
[43 FR 47459, Oct. 13, 1978, as amended at 47 (6) Ground controls; working in areas of
FR 23641, May 28, 1982; 63 FR 53760, Oct. 6, highwalls, water hazards, pits, and spoil
1998; 67 FR 42389, June 21, 2002] banks; illumination and night work. The
course shall include, where applicable,
48.26 Experienced miner training. an introduction to and instruction on
(a) Except as provided in paragraph the highwall and ground control plans
(e), this section applies to experienced in effect at the mine; procedures for
miners who are working safely in areas of highwalls,
(1) Newly employed by the operator; water hazards, pits, and spoil banks,
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48.27 30 CFR Ch. I (7114 Edition)
(7) Hazard recognition. The course (1) A person designated by the oper-
must include the recognition and ator who is knowledgeable of these
avoidance of hazards present in the changes must conduct the training in
mine. this paragraph. An MSHA approved in-
(8) Prevention of accidents. The course structor is not required to conduct the
must include a review of the general training outlined in this paragraph.
causes of accidents applicable to the (2) No record of this training is re-
mine environment, causes of specific quired.
accidents at the mine, and instruction (3) The miner must complete annual
in accident prevention in the work en- refresher training as required in 48.28,
vironment. if the miner missed taking that train-
(9) Emergency medical procedures. The ing during the absence.
course must include instruction on the [43 FR 47459, Oct. 13, 1978, as amended at 47
mines emergency medical arrange- FR 23641, May 28, 1982; 63 FR 53760, Oct. 6,
ments and the location of the mines 1998; 67 FR 42389, June 21, 2002]
first aid equipment and supplies.
(10) Health. The course must include 48.27 Training of miners assigned to
a task in which they have had no
instruction on the purpose of taking previous experience; minimum
dust, noise, and other health measure- courses of instruction.
ments, where applicable; must review
(a) Miners assigned to new work
the health provisions of the Act; and
tasks as mobile equipment operators,
must explain warning labels and any
drilling machine operators, haulage
health control plan in effect at the
and conveyor systems operators,
mine.
ground control machine operators,
(11) Health and safety aspects of the AMS operators, and those in blasting
tasks to which the experienced miner is operations shall not perform new work
assigned. The course must include in- tasks in these categories until training
struction in the health and safety as- prescribed in this paragraph and para-
pects of the tasks assigned, including graph (b) of this section has been com-
the safe work procedures of such tasks, pleted. This training shall not be re-
information about the physical and quired for miners who have been
health hazards of chemicals in the min- trained and who have demonstrated
ers work area, the protective measures safe operating procedures for such new
a miner can take against these haz- work tasks within 12 months preceding
ards, and the contents of the mines assignment. This training shall also
HazCom program. Experienced miners not be required for miners who have
who must complete new task training performed the new work tasks and who
under 48.27 do not need to take train- have demonstrated safe operating pro-
ing under this paragraph. cedures for such new work tasks within
(12) Such other courses as may be re- 12 months preceding assignment. The
quired by the District Manager based training program shall include the fol-
on circumstances and conditions at the lowing:
mine. (1) Health and safety aspects and safe
(c) The operator may include instruc- operating procedures for work tasks,
tion in additional safety and health equipment, and machinery. The training
subjects based on circumstances and shall include instruction in the health
conditions at the mine. and safety aspects and safe operating
(d) The training time spent on indi- procedures related to the assigned
vidual subjects must vary depending task, including information about the
upon the training needs of the miners. physical and health hazards of chemi-
(e) Any miner returning to the same cals in the miners work area, the pro-
mine, following an absence of 12 tective measures a miner can take
months or less, must receive training against these hazards, and the contents
on any major changes to the mine envi- of the mines HazCom program. The
ronment that have occurred during the training shall be given in an on-the-job
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Mine Safety and Health Admin., Labor 48.28
supervised practice in the assigned (b) The annual refresher training pro-
tasks, and the performance of work du- gram for all miners shall include the
ties at times or places where produc- following courses of instruction:
tion is not the primary objective; or, (1) Mandatory health and safety stand-
(ii) Supervised operation during pro- ards. The course shall include manda-
duction. The training shall include, tory health and safety standard re-
while under direct and immediate su- quirements which are related to the
pervision and production is in progress, miners tasks.
operation of the machine or equipment (2) Transportation controls and commu-
and the performance of work duties. nication systems. The course shall in-
(3) New or modified machines and clude instruction on the procedures for
equipment. Equipment and machine op- riding on and in mine conveyances; the
erators shall be instructed in safe oper- controls in effect for the transpor-
ating procedures applicable to new or tation of miners and materials; and the
modified machines or equipment to be use of the mine communication sys-
installed or put into operation in the tems, warning signals, and directional
mine, which require new or different signs.
operating procedures. (3) Escape and emergency evacuation
(4) Such other courses as may be re- plans; firewarning and firefighting. The
quired by the District Manager based course shall include a review of the
on circumstances and conditions at the mine escape system; escape and emer-
mine. gency evacuation plans in effect at the
(b) Miners under paragraph (a) of this mine; and instruction in the
section shall not operate the equip- firewarning signals and firefighting
ment or machine or engage in blasting procedures.
operations without direction and im- (4) Ground control; working in areas of
mediate supervision until such miners highwalls, water hazards, pits, and spoil
have demonstrated safe operating pro- banks; illumination and night work. The
cedures for the equipment or machine course shall include, where applicable,
or blasting operation to the operator or a review and instruction on the
the operators agent. highwall and ground control plans in
(c) Miners assigned a new task not effect at the mine; procedures for
covered in paragraph (a) of this section working safely in areas of highwalls,
shall be instructed in the safety and water hazards, pits, and spoil banks;
health aspects and safe work proce- the illumination of work areas; and
dures of the task, including informa- safe work procedures during hours of
tion about the physical and health haz- darkness.
ards of chemicals in the miners work (5) First aid. The course shall include
area, the protective measures a miner a review of first aid methods accept-
can take against these hazards, and the able to MSHA.
contents of the mines HazCom pro- (6) Electrical hazards. The course shall
gram, prior to performing such task. include recognition and avoidance of
(d) All training and supervised prac- electrical hazards.
tice and operation required by this sec- (7) Prevention of accidents. the course
tion shall be given by a qualified train- shall include a review of accidents and
er, or a supervisor experienced in the causes of accidents, and instruction in
assigned tasks, or other person experi- accident prevention in the work envi-
enced in the assigned tasks. ronment.
[43 FR 47459, Oct. 13, 1978, as amended at 47 (8) Health. The course shall include
FR 23640, May 28, 1982; 67 FR 42389, June 21, instruction on the purpose of taking
2002; 73 FR 80612, Dec. 31, 2008] dust measurements, where applicable,
and noise and other health measure-
48.28 Annual refresher training of ments, and any health control plan in
miners; minimum courses of in- effect at the mine shall be explained.
struction; hours of instruction. The health provisions of the Act and
(a) Each miner shall receive a warning labels shall also be explained.
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mimimum of 8 hours of annual re- (9) Explosives. The course shall in-
fresher training as prescribed in this clude a review and instruction on the
section. hazards related to explosives. The only
257
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48.29 30 CFR Ch. I (7114 Edition)
exception to this course component is kept at the mine site for 2 years, or for
when there are no explosives used or 60 days after termination of employ-
stored on the mine property. ment.
(10) Self-rescue and respiratory devices.
(Pub. L. No. 96511, 94 Stat. 2812 (44 U.S.C.
The course shall include instruction 3501 et seq.))
and demonstration in the use, care, and
maintenance of self-rescue and res- [43 FR 47459, Oct. 13, 1978, as amended at 47
piratory devices, where applicable. FR 14706, Apr. 6, 1982; 60 FR 33723, June 29,
1995]
(11) Such other courses as may be re-
quired by the District Manager based 48.30 Compensation for training.
on circumstances and conditions at the
mine. (a) Training shall be conducted dur-
(c) Refresher training may include ing normal working hours; miners at-
other health and safety subjects that tending such training shall receive the
are relevant to mining operations at rate of pay as provided in 48.22(d)
the mine. Recommended subjects in- (Definition of normal working hours) of
clude, but are not limited to, informa- this subpart B.
tion about the physical and health haz- (b) If such training shall be given at
ards of chemicals in the miners work a location other than the normal place
area, the protective measures a miner of work, miners shall be compensated
can take against these hazards, and the for the additional costs, such a mile-
contents of the mines HazCom pro- age, meals, and lodging, they may
gram. incur in attending such training ses-
(d) All persons employed as shaft or sions.
slope construction workers on June 28,
2006 must receive annual refresher 48.31 Hazard training.
training within 12 months of June 2006. (a) Operators shall provide to those
(e) Where annual refresher training is miners, as defined in 48.22(a) (2) (Defi-
conducted periodically, such sessions nition of miner) of this subpart B, a
shall not be less than 30 minutes of ac- training program before such miners
tual instruction time and the miners commence their work duties. This
shall be notified that the session is training program shall include the fol-
part of annual refresher training. lowing instruction, which is applicable
[43 FR 47459, Oct. 13, 1978, as amended at 47 to the duties of such miners:
FR 23641, May 28, 1982; 63 FR 53761, Oct. 6, (1) Hazard recognition and avoidance;
1998; 70 FR 77728, Dec. 30, 2005] (2) Emergency and evacuation proce-
dures;
48.29 Records of training. (3) Health and safety standards, safe-
(a) Upon a miners completion of ty rules and safe working procedures;
each MSHA approved training pro- (4) Self-rescue and respiratory de-
gram, the operator shall record and vices; and,
certify on MSHA form 500023 that the (5) Such other instruction as may be
miner has received the specified train- required by the District Manager based
ing. A copy of the training certificate on circumstances and conditions at the
shall be given to the miner at the com- mine.
pletion of the training. The training (b) Miners shall receive the instruc-
certificates for each miner shall be tion required by this section at least
available at the mine site for inspec- once every 12 months.
tion by MSHA and for examination by (c) The training program required by
the miners, the miners representative this section shall be submitted with
and State inspection agencies. When a the training plan required by 48.23(a)
miner leaves the operators employ, (Training plans: Submission and ap-
the miner shall be entitled to a copy of proval) of this subpart B and shall in-
his training certificates. clude a statement on the methods of
(b) False certification that training instruction to be used.
was given shall be punishable under (d) In accordance with 48.29 (Records
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section 110 (a) and (f) of the Act. of training) of this subpart B, the oper-
(c) Copies of training certificates for ator shall maintain and make available
currently employed miners shall be for inspection, certificates that miners
258
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Mine Safety and Health Admin., Labor 49.2
have received the instruction required 49.13 Alternative mine rescue capability for
by this section. small and remote mines.
49.14 [Reserved]
[43 FR 47459, Oct. 13, 1978, as amended at 47 49.15 Mine rescue station.
FR 23641, May 28, 1982] 49.16 Equipment and maintenance require-
ments.
48.32 Appeals procedures. 49.17 Physical requirements for mine rescue
The operator, miner, and miners rep- team.
resentative shall have the right of ap- 49.18 Training for mine rescue teams.
peal from a decision of the District 49.19 Mine emergency notification plan.
Manager. 49.20 Requirements for all coal mines.
49.30 Requirements for small coal mines.
(a) In the event an operator, miner,
49.40 Requirements for large coal mines.
or miners representative decides to ap- 49.50 Certification of coal mine rescue
peal a decision by the District Man- teams.
ager, such an appeal shall be sub- 49.60 Requirements for a local mine rescue
mitted, in writing, to the Adminis- contest.
trator for Coal Mine Safety and Health APPENDIX TO SUBPART BOPTIONAL FORM
or Administrator for Metal and Non- FOR CERTIFYING MINE RESCUE TEAMS
metal Safety and Health, as appro-
AUTHORITY: 30 U.S.C. 811, 825(e).
priate, MSHA, 1100 Wilson Blvd., Room
2424 (Coal) or Room 2436 (Metal and SOURCE: 45 FR 47002, July 11, 1980, unless
Nonmetal), Arlington, Virginia, 22209 otherwise noted.
3939, within 30 days of notification of
the District Managers decision. Subpart AMine Rescue Teams
(b) The Administrator may require for Underground Metal and
additional information from the oper- Nonmetal Mines
ator, the miners or their representa-
tives, and the District Manager, if the 49.1 Purpose and scope.
Administrator determines such infor- This part implements the provisions
mation is necessary. of Section 115(e) of the Federal Mine
(c) The Administrator shall render a Safety and Health Act of 1977. Every
decision on the appeal within 30 days operator of an underground mine shall
after receipt of the appeal. assure the availability of mine rescue
[43 FR 47459, Oct. 13, 1978, as amended at 47 capability for purposes of emergency
FR 23641, May 28, 1982; 67 FR 38384, June 4, rescue and recovery.
2002]
49.2 Availability of mine rescue
PART 49MINE RESCUE TEAMS teams.
(a) Except where alternative compli-
Subpart AMine Rescue Teams for ance is permitted for small and remote
Underground Metal and Nonmetal Mines mines ( 49.3) or those mines operating
under special mining conditions ( 49.4),
Sec.
49.1 Purpose and scope. every operator of an underground mine
49.2 Availability of mine rescue teams. shall:
49.3 Alternative mine rescue capability for (1) Establish at least two mine rescue
small and remote mines. teams which are available at all times
49.4 Alternative mine rescue capability for when miners are underground; or
special mining conditions. (2) Enter into an arrangement for
49.5 Mine rescue station.
mine rescue services which assures
49.6 Equipment and maintenance require-
ments. that at least two mine rescue teams
49.7 Physical requirements for mine rescue are available at all times when miners
team. are underground.
49.8 Training for mine rescue teams. (b) Each mine rescue team shall con-
49.9 Mine emergency notification plan. sist of five members and one alternate,
who are fully qualified, trained, and
Subpart BMine Rescue Teams for equipped for providing emergency mine
Underground Coal Mines
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rescue service.
49.11 Purpose and scope. (c) To be considered for membership
49.12 Availability of mine rescue teams. on a mine rescue team, each person
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49.3 30 CFR Ch. I (7114 Edition)
must have been employed in an under- shall also provide the representative
ground mine for a minimum of one with a copy of the statement.
year within the past five years. For the
purpose of mine rescue work only, min- 49.3 Alternative mine rescue capa-
ers who are employed on the surface bility for small and remote mines.
but work regularly underground shall (a) If an underground mine is small
meet the experience requirement. The and remote, an operator may provide
underground experience requirement is for an alternative mine rescue capa-
waived for those miners on a mine res- bility. For the purposes of this part
cue team on the effective date of this only, consideration for small and re-
rule. mote shall be given where the total un-
(d) Each operator shall arrange, in derground employment of the opera-
advance, ground transportation for res- tors mine and any surrounding mine(s)
cue teams and equipment to the mine within two hours ground travel time of
or mines served. the operators mine is less than 36.
(e) Upon the effective date of this (b) An application for alternative
part, the required rescue capability mine rescue capability shall be sub-
shall be present at all existing under- mitted to the District Manager for the
ground mines, upon initial excavation district in which the mine is located
of a new underground mine entrance, for review and approval.
or the re-opening of an existing under- (c) Each application for an alter-
ground mine. native mine rescue capability shall
(f) Except where alternative compli- contain:
ance is permitted under 49.3 or 49.4, (1) The number of miners employed
no mine served by a mine rescue team underground at the mine on each shift;
shall be located more than two hours (2) The distances from the two near-
ground travel time from the mine res- est mine rescue stations;
cue station with which the rescue team
(3) The total underground employ-
is associated.
ment of mines within two hours ground
(g) As used in this part, mine rescue
travel time of the operators mine;
teams shall be considered available
(4) The operators mine fire, ground,
where teams are capable presenting
and roof control history;
themselves at the mine site(s) within a
reasonable time after notification of an (5) The operators established escape
occurrence which might require their and evacuation plan;
services. Rescue team members will be (6) A statement by the operator eval-
considered available even though per- uating the usefulness of additional ref-
forming regular work duties or in an uge chambers to supplement those
off-duty capacity. The requirement which may exist;
that mine rescue teams be available (7) A statement by the operator as to
shall not apply when teams are partici- the number of miners willing to serve
pating in mine rescue contests or pro- on a mine rescue team;
viding services to another mine. (8) The operators alternative plan
(h) Each operator of an underground for assuring that a suitable mine res-
mine who provides rescue teams under cue capability is provided at all times
this section shall send the District when miners are underground; and
Manager a statement describing the (9) Other relevant information about
mines method of compliance with this the operators mine which may be re-
part. The statement shall disclose quested by the District Manager.
whether the operator has independ- (d) A copy of the operators applica-
ently provided mine rescue teams or tion shall be posted at the mine. Where
entered into an agreement for the serv- a miners representative has been des-
ices of mine rescue teams. The name of ignated, the operator shall also provide
the provider and the location of the the representative with a copy of the
services shall be included in the state- application.
ment. A copy of the statement shall be (e) In determining whether to ap-
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posted at the mine for the miners in- prove an application for alternative
formation. Where a miners representa- compliance, the District Manager shall
tive has been designated, the operator consider:
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Mine Safety and Health Admin., Labor 49.4
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49.5 30 CFR Ch. I (7114 Edition)
(2) Comments submitted by, or on be- mine site, affiliated mines, or a sepa-
half of, any affected miner; and rate mine rescue structure.
(3) Whether the alternative mine res- (c) Mine rescue stations shall provide
cue plan provides a suitable rescue ca- a proper storage environment to assure
pability at the operators mine. equipment readiness for immediate
(g) Where alternative compliance is use.
approved by MSHA the operator shall (d) Authorized representatives of the
adopt the alternative plan and post a Secretary shall have the right of entry
copy of the approved plan (with appro- to inspect any designated mine rescue
priate MSHA mine emergency tele- station.
phone numbers) at the mine for the
miners information. Where a miners 49.6 Equipment and maintenance re-
quirements.
representative has been designated, the
operator shall also provide the rep- (a) Each mine rescue station shall be
resentative with a copy of the alter- provided with at least the following
native plan. equipment:
(h) The operator shall notify the Dis- (1) Twelve self-contained breathing
trict Manager of any changed condition apparatus, each with a minimum of 4
or factor materially affecting informa- hours capacity (approved by MSHA and
tion submitted in the application for NIOSH under 42 CFR Part 84, Subpart
alternative mine rescue capability. H), and any necessary equipment for
(i)(1) An approved plan for alter- testing such breathing apparatus;
native mine rescue capability shall be (2) A portable supply of liquid air,
subject be to revocation or modifica- liquid oxygen, pressurized oxygen, or
tion by MSHA, where it is determined oxygen generating chemicals, and car-
that a condition or factor has changed bon dioxide absorbent chemicals, appli-
which would materially alter the oper- cable to the supplied breathing appa-
ators mine rescue capability. If such ratus and sufficient to sustain each
action is contemplated, the operator team for eight hours while using the
will be notified and given an oppor- breathing apparatus during rescue op-
tunity to be heard before the appro- erations.
priate District Manager. (3) Two extra, fully-charged oxygen
(2) If an application for alternative bottles for every six self-contained
compliance is denied or revoked, the breathing apparatus;
District Manager shall provide the rea- (4) One oxygen pump or a cascading
son for such denial or revocation in system, compatible with the supplied
writing to the operator. The operator breathing apparatus;
may appeal this decision in writing to (5) Twelve permissible cap lamps and
the Administrator for Coal Mine Safety a charging rack;
and Health or the Administrator for (6) Four gas detectors appropriate for
Metal and Nonmetal Mine Safety and each type of gas that may be encoun-
Health, as appropriate, 1100 Wilson tered at the mines served. Gas detec-
Blvd., Room 2424 (Coal) or Room 2436 tors must measure concentrations of
(Metal and Nonmetal), Arlington, Vir- methane from 0.0 percent to 100 percent
ginia 222093939. of volume, oxygen from 0.0 percent to
at least 20 percent of volume, and car-
[45 FR 47002, July 11, 1980, as amended at 67 bon monoxide from 0.0 parts per mil-
FR 38385, June 4, 2002] lion to at least 9,999 parts per million.
(7) [Reserved]
49.5 Mine rescue station. (8) One portable mine rescue commu-
(a) Except where alternative compli- nication system (approved under part
ance is permitted, every operator of an 23 of this title) or a sound-powered
underground mine shall designate, in communication system.
advance, the location of the mine res- (i) The wires or cable to the commu-
cue station serving the mine. nication system shall be of sufficient
(b) Mine rescue stations are to pro- tensile strength to be used as a manual
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Mine Safety and Health Admin., Labor 49.8
(5) Distant visual acuity (without ing one year, unless additional training
glasses) less than 20/50 Snellen scale in is received to make up for the time
one eye, and 20/70 in the other; missed.
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49.9 30 CFR Ch. I (7114 Edition)
(d) The training courses required by (g) A record of training of each team
this section shall be conducted by in- member shall be on file at the mine
structors who have been employed in rescue station for a period of one year.
an underground mine for a minimum of [45 FR 47002, July 11, 1980, as amended at 47
one year within the past five years, and FR 23641, May 28, 1982; 47 FR 28095, June 29,
who have received MSHA approval 1982; 67 FR 38385, June 4, 2002]
through:
(1) Completion of an MSHA or State 49.9 Mine emergency notification
plan.
approved instructors training course
and the program of instruction in the (a) Each underground mine shall
subject matter to be taught. have a mine rescue notification plan
(2) Designation by the District Man- outlining the procedures to follow in
ager as approved instructors to teach notifying the mine rescue teams when
there is an emergency that requires
specific courses, based on their quali-
their services.
fications and teaching experience. Pre-
(b) A copy of the mine rescue notifi-
viously approved instructors need not
cation plan shall be posted at the mine
be re-designated to teach the approved for the miners information. Where a
courses as long as they have taught miners representative has been des-
those courses within the 24 months ignated, the operator shall also provide
prior to the effective date of this part. the representative with a copy of the
Where individuals are designated, the plan.
District Manager may waive the under-
ground experience requirement. Subpart BMine Rescue Teams
(e) The District Manager may revoke
for Underground Coal Mines
an instructors approval for good cause.
A written statement revoking the ap-
SOURCE: 73 FR 7648, Feb. 8, 2008, unless oth-
proval together with reasons for rev-
erwise noted.
ocation shall be provided the instruc-
tor. The affected instructor may appeal 49.11 Purpose and scope.
the decision of the District Manager by
(a) This subpart implements the pro-
writing to the Administrator for Coal
visions of section 115(e) of the Federal
Safety and Health or Administrator for Mine Safety and Health Act of 1977, as
a Metal and Non-Metal Safety and amended by the Mine Improvement and
Health, as appropriate, MSHA, 1100 New Emergency Response (MINER) Act
Wilson Blvd., Room 2424 (Coal) or of 2006. Every operator of an under-
Room 2436 (Metal and Nonmetal), Ar- ground coal mine shall assure the
lington, Virginia 222093939. The Ad- availability of mine rescue capability
ministrator shall issue a decision on for purposes of emergency rescue and
the appeal. recovery.
(f) Upon request from the District (b) The following Table 49.11 summa-
Manager, the operator shall provide in- rizes the new requirements for mine
formation concerning the schedule of rescue teams contained in section 4 of
upcoming training. the MINER Act.
TABLE 49.11SUMMARY OF NEW MINER ACT REQUIREMENTS FOR UNDERGROUND COAL MINE
OPERATORS AND MINE RESCUE TEAMS
Type of mine rescue team
Requirement State-
Mine-site Composite Contract sponsored
Team members must participate at YES ....................... YES ....................... YES ....................... YES.
least annually in two local mine res-
cue contests.
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Mine Safety and Health Admin., Labor 49.12
TABLE 49.11SUMMARY OF NEW MINER ACT REQUIREMENTS FOR UNDERGROUND COAL MINE
OPERATORS AND MINE RESCUE TEAMSContinued
Type of mine rescue team
Requirement State-
Mine-site Composite Contract sponsored
Team members must participate in Annually at Large Semi-annually ........ Quarterly at Large Annually at Large
mine rescue training at each mine Mines; Semi-an- Mines; Semi-an- Mines; Semi-an-
covered by the mine rescue team. A nually at Small nually at Small nually at Small
portion of the training must be con- Mines. Mines. Mines.
ducted underground.
Team must be available at the mine YES ....................... YES ....................... YES ....................... YES.
within 1 hour ground travel time from
the mine rescue station.
Team members must be knowledgeable YES ....................... YES ....................... YES ....................... YES.
about the operations and ventilation
of each covered mine.
[73 FR 7648, Feb. 8, 2008, as amended at 74 FR alternate that may be shared between
28608, June 17, 2009] both teams.
(c) To be considered for membership
49.12 Availability of mine rescue
teams. on a mine rescue team, each person
must have been employed in an under-
(a) Except where alternative compli- ground mine for a minimum of 1 year
ance is permitted for small and remote within the past 5 years, except that
mines ( 49.13), every operator of an un-
members of contract mine rescue
derground mine shall:
teams shall have a minimum of 3 years
(1) Establish at least two mine rescue
underground coal mine experience that
teams which are available at all times
shall have occurred within the 10-year
when miners are underground; or
period preceding their employment on
(2) Enter into an arrangement for
mine rescue services which assures the contract mine rescue team. For the
that at least two mine rescue teams purpose of mine rescue work only, min-
are available at all times when miners ers who are employed on the surface
are underground. but work regularly underground shall
(b) Each mine rescue team shall con- meet the experience requirement. The
sist of five members and one alternate underground experience requirement is
who are fully qualified, trained, and waived for those miners on a mine res-
equipped for providing emergency mine cue team on February 8, 2008.
rescue service. Mine rescue teams for (d) Each operator shall arrange, in
anthracite coal mines, which have no advance, ground transportation for res-
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electrical equipment at the face or cue teams and equipment to the mine
working section, shall consist of at or mines served.
least three members per team and one
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49.13 30 CFR Ch. I (7114 Edition)
mine(s) within 1 hour ground travel phone numbers) at the mine for the
time of the operators mine is less than miners information. Where a miners
36. representative has been designated, the
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Mine Safety and Health Admin., Labor 49.16
operator shall also provide the rep- propriate for the number of mine res-
resentative with a copy of the approved cue team members.
plan. (1) Twelve self-contained breathing
(g) The operator shall notify the Dis- apparatus, each with a minimum of 4
trict Manager of any changed condition hours capacity (approved by MSHA and
or factor materially affecting informa- NIOSH under 42 CFR part 84, subpart
tion submitted in the application for H), and any necessary equipment for
alternative mine rescue capability. testing such breathing apparatus.
(h)(1) An approved plan for alter- (2) A portable supply of liquid air,
native mine rescue capability shall be liquid oxygen, pressurized oxygen, or
subject to revocation or modification oxygen generating chemicals, and car-
for cause by MSHA, where it is deter- bon dioxide absorbent chemicals, as ap-
mined that a condition or factor has plicable to the supplied breathing ap-
changed which would materially alter paratus and sufficient to sustain each
the operators mine rescue capability. team for 8 hours while using the
If such action is contemplated, the op- breathing apparatus during rescue op-
erator will be notified, and given an op- erations.
portunity to be heard before the appro- (3) Two extra, fully-charged oxygen
priate District Manager. bottles for every six self-contained
(2) If an application for alternative breathing apparatus.
compliance is denied or revoked, the (4) One oxygen pump or a cascading
District Manager shall provide the rea- system, compatible with the supplied
son for such denial or revocation in breathing apparatus.
writing to the operator. The operator (5) Twelve permissible cap lamps and
may appeal this decision in writing to a charging rack.
the Administrator for Coal Mine Safety (6) Four gas detectors appropriate for
and Health. each type of gas that may be encoun-
49.14 [Reserved] tered at the mines served. Gas detec-
tors must measure concentrations of
49.15 Mine rescue station. methane from 0.0 percent to 100 percent
of volume, oxygen from 0.0 percent to
(a) Every operator of an underground
at least 20 percent of volume, and car-
mine shall designate, in advance, the
bon monoxide from 0.0 parts per mil-
location of the mine rescue station
lion to at least 9,999 parts per million.
serving the mine.
(b) Mine rescue stations are to pro- (7) [Reserved]
vide a centralized storage location for (8) One portable mine rescue commu-
rescue equipment. This centralized nication system (approved under part
storage location may be either at the 23 of this title) or a sound-powered
mine site, affiliated mines, or a sepa- communication system.
rate mine rescue structure. (i) The wires or cable to the commu-
(c) Mine rescue stations shall provide nication system shall be of sufficient
a proper storage environment to assure tensile strength to be used as a manual
equipment readiness for immediate communication system.
use. (ii) These communication systems
(d) Authorized representatives of the shall be at least 1,000 feet in length.
Secretary shall have the right of entry (9) Necessary spare parts and tools
to inspect any designated mine rescue for repairing the breathing apparatus
station. and communication system.
(b) Mine rescue apparatus and equip-
49.16 Equipment and maintenance ment shall be maintained in a manner
requirements. that will ensure readiness for imme-
(a) Each mine rescue station shall be diate use.
provided with at least the following (1) A person trained in the use and
equipment. Mine rescue stations serv- care of breathing apparatus shall in-
ing underground anthracite coal mines, spect and test the apparatus at inter-
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which have no electrical equipment at vals not exceeding 30 days and shall
the face or working section, shall have certify by signature and date that the
at least the amount of equipment ap- inspections and tests were done.
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49.17 30 CFR Ch. I (7114 Edition)
(2) When the inspection indicates be kept on file at the mine rescue sta-
that a corrective action is necessary, tion for a period of 1 year.
the corrective action shall be made and
the person shall record the corrective 49.18 Training for mine rescue teams.
action taken. (a) Prior to serving on a mine rescue
(3) The certification and the record of team each member shall complete, at a
corrective action shall be maintained minimum, an initial 20-hour course of
at the mine rescue station for a period instruction as prescribed by MSHAs
of 1 year and made available on request Office of Educational Policy and Devel-
to an authorized representative of the opment, in the use, care, and mainte-
Secretary. nance of the type of breathing appa-
[73 FR 53123, Sept. 15, 2008] ratus which will be used by the mine
rescue team.
49.17 Physical requirements for mine (b) Upon completion of the initial
rescue team. training, all team members shall re-
(a) Each member of a mine rescue ceive at least 96 hours of refresher
team shall be examined annually by a training annually, which shall include
physician who shall certify that each participation in local mine rescue con-
person is physically fit to perform tests and training at the covered mine.
mine rescue and recovery work for pro- Training shall be given at least 8 hours
longed periods under strenuous condi- every 2 months and shall consist of:
tions. The first such physical examina- (1) Sessions underground at least
tion shall be completed within 60 days once each 6 months;
prior to scheduled initial training. A (2) The wearing and use of the
team member requiring corrective eye- breathing apparatus by team members
glasses will not be disqualified pro- for a period of at least 2 hours while
vided the eyeglasses can be worn se- under oxygen every 2 months;
curely within an approved facepiece. (3) Where applicable, the use, care,
(b) In determining whether a miner is capabilities, and limitations of auxil-
physically capable of performing mine iary mine rescue equipment, or a dif-
rescue duties, the physician shall take ferent breathing apparatus;
the following conditions into consider- (4) Advanced mine rescue training
ation: and procedures, as prescribed by
(1) Seizure disorder; MSHAs Office of Educational Policy
(2) Perforated eardrum; and Development;
(3) Hearing loss without a hearing aid (5) Mine map training and ventilation
greater than 40 decibels at 400, 1000, and procedures; and
2000 Hz; (6) The wearing of mine rescue appa-
(4) Repeated blood pressure (con- ratus while in smoke, simulated
trolled or uncontrolled by medication) smoke, or an equivalent environment
reading which exceeds 160 systolic, or at least once during each 12-month pe-
100 diastolic, or which is less than 105 riod.
systolic, or 60 diastolic; (c) A mine rescue team member will
(5) Distant visual acuity (without be ineligible to serve on a team if more
glasses) less than 20/50 Snellen scale in than 8 hours of training is missed dur-
one eye, and 20/70 in the other; ing 1 year, unless additional training is
(6) Heart disease; received to make up for the time
(7) Hernia; missed.
(8) Absence of a limb or hand; or (d) The training courses required by
(9) Any other condition which the ex- this section shall be conducted by in-
amining physician determines is rel- structors who have been employed in
evant to the question of whether the an underground mine and have had a
miner is fit for rescue team service. minimum of 1 year experience as a
(c) The operator shall have MSHA mine rescue team member or a mine
Form 50003 (available at http:// rescue instructor within the past 5
www.msha.gov) certifying medical fit- years, and who have received MSHA
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Mine Safety and Health Admin., Labor 49.30
and the program of instruction in the (1) Mine-site team. Members who work
subject matter to be taught. at the mine and participate in mine
(2) Designation by the District Man- rescue training at the mine at least an-
ager as approved instructors to teach nually at large mines and at least
specific courses, based on their quali- semi-annually at small mines.
fications and teaching experience out- (2) Composite team. A mine rescue
lined above. Previously approved in- team that covers multiple mines and
structors need not be re-designated to whose members
teach the approved courses as long as (i) Include at least two members from
they have taught those courses within each covered large mine and at least
the 24 months prior to the effective one member from each covered small
date of this part.
mine,
(e) The District Manager may revoke
(ii) Are knowledgeable about the op-
an instructors approval for good cause.
erations and ventilation of each cov-
A written statement revoking the ap-
proval together with reasons for rev- ered underground coal mine, and
ocation shall be provided the instruc- (iii) Participate in mine rescue train-
tor. The affected instructor may appeal ing at each covered mine at least semi-
the decision of the District Manager by annually.
writing to the Administrator for Coal (3) Contract team. A mine rescue team
Safety and Health. The Administrator that is provided by an arrangement
shall issue a decision on the appeal. with another coal mine or with a third
(f) Upon request from the District party and whose members
Manager, the operator shall provide in- (i) Are knowledgeable about the oper-
formation concerning the schedule of ations and ventilation of each covered
upcoming training. underground coal mine, and
(g) A record of training of each team (ii) Participate in mine rescue train-
member shall be on file at the mine ing at each covered large mine at least
rescue station for a period of 1 year. quarterly and at each covered small
mine at least semi-annually.
49.19 Mine emergency notification (4) State-sponsored team. Members who
plan.
are state employees and participate in
(a) Each underground mine shall mine rescue training at each covered
have a mine rescue notification plan mine at least annually at large mines
outlining the procedures to follow in and at least semi-annually at small
notifying the mine rescue teams when mines.
there is an emergency that requires (c) For the purpose of mine rescue
their services.
team membership, a member employed
(b) A copy of the mine rescue notifi- by an operator of multiple mines is
cation plan shall be posted at the mine
considered to be an employee of each
for the miners information. Where a
mine at which the member regularly
miners representative has been des-
ignated, the operator shall also provide works.
the representative with a copy of the (d) For the purpose of mine rescue
plan. team training at each covered mine, a
portion of the training must be con-
49.20 Requirements for all coal ducted underground.
mines.
[73 FR 7648, Feb. 8, 2008, as amended at 74 FR
(a) The operator of each underground 28609, June 17, 2009]
coal mine shall make available two
certified mine rescue teams whose 49.30 Requirements for small coal
members mines.
(1) Are familiar with the operations At mines with 36 or fewer under-
of the mine, and ground employees, mine rescue team
(2) Participate at least annually in members shall be knowledgeable about
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two local mine rescue contests. the operations and ventilation of each
(b) Team members shall meet the fol- covered mine.
lowing:
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49.40 30 CFR Ch. I (7114 Edition)
49.40 Requirements for large coal erage at an underground coal mine, the
mines. mine operator shall send the District
At mines with more than 36 under- Manager an annual statement certi-
ground employees, one of the two cer- fying that each team meets the re-
tified mine rescue teams shall be an in- quirements of this subpart as listed in
dividual mine-site team or a composite the following Table 49.50A and Table
team. 49.50B.
(b) The operator shall notify the Dis-
49.50 Certification of coal mine res- trict Manager within 60 days of any
cue teams.
change in team membership.
(a) For each mine rescue team des-
ignated to provide mine rescue cov-
TABLE 49.50AINITIAL CRITERIA TO CERTIFY THE QUALIFICATIONS OF MINE RESCUE TEAMS
Criteria
Qualification (30 CFR)
(1) Team is available at all times when miners are underground ......................................................... 49.12(a); 49.12(g)
(2) Except where alternative compliance is permitted, team has five members and one alternate ..... 49.12(b)
(3) Members have experience working in an underground coal mine .................................................. 49.12(c)
(4) Team is available within 1-hour ground travel time from the mine rescue station to the mine ...... 49.12(f)
(5) Appropriate mine rescue equipment is provided, inspected, tested, and maintained ..................... 49.16
(6) Members are physically fit ................................................................................................................ 49.17
(7) Members have completed initial training .......................................................................................... 49.18(a)
49.60 Requirements for a local mine (iii) Wear oxygen breathing appa-
rescue contest. ratus while participating in a simu-
(a) A local mine rescue contest is one lated mine rescue team exercise; and
that (6) Includes contest judges who have
(1) Is conducted in the United States; completed annual training for mine
(2) Uses MSHA-recognized rules; rescue contest judges.
(3) Has a minimum of three mine res- (b) A local mine rescue contest is
cue teams competing; training that provides an objective
evaluation of demonstrated mine res-
(4) Has one or more problems con-
cue team skills and can be a Mine
ducted on one or more days with a de-
Emergency Response Development
termined winner;
(MERD) exercise or a practical simula-
(5) Includes team members who
tion exercise, such as a fire or explo-
(i) Have the necessary equipment to
sion drill, where the team participates
participate in a simulated mine rescue
in simulated mine rescue team exer-
team exercise,
cises and wears breathing apparatus.
(ii) Participate in a simulated mine
(c) Upon request from the District
rescue team exercise while being timed
Manager, the operator shall provide in-
and observed by trained judges who
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Mine Safety and Health Admin., Labor Pt. 49, Subpt. B, App.
271
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Pt. 49, Subpt. B, App. 30 CFR Ch. I (7114 Edition)
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SUBCHAPTER IACCIDENTS, INJURIES, ILLNESSES,
EMPLOYMENT, AND PRODUCTION IN MINES
273
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50.2 30 CFR Ch. I (7114 Edition)
274
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Mine Safety and Health Admin., Labor 50.20
within 15 minutes at the toll-free num- (7) A sketch, where pertinent, includ-
ber, 18007461553, once the operator ing dimensions depicting the occur-
knows or should know that an accident rence;
has occurred involving: (8) A description of steps taken to
(a) A death of an individual at the prevent a similar occurrence in the fu-
mine; ture; and
(b) An injury of an individual at the (9) Identification of any report sub-
mine which has a reasonable potential mitted under 50.20 of this part.
to cause death;
(c) An entrapment of an individual at [42 FR 65535, Dec. 30, 1977, as amended at 69
FR 26499, May 13, 2004]
the mine which has a reasonable poten-
tial to cause death; or 50.12 Preservation of evidence.
(d) Any other accident.
Unless granted permission by a
[74 FR 68919, Dec. 29, 2009] MSHA District Manager Manager, no
operator may alter an accident site or
50.11 Investigation.
an accident related area until comple-
(a) After notification of an accident tion of all investigations pertaining to
by an operator, the MSHA District the accident except to the extent nec-
Manager will promptly decide whether essary to rescue or recover an indi-
to conduct an accident investigation vidual, prevent or eliminate an immi-
and will promptly inform the operator nent danger, or prevent destruction of
of his decision. If MSHA decides to in- mining equipment.
vestigate an accident, it will initiate
the investigation within 24 hours of no- [42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11,
tification. 1978, as amended at 69 FR 26499, May 13, 2004]
(b) Each operator of a mine shall in-
vestigate each accident and each occu- Subpart CReporting of
pational injury at the mine. Each oper- Accidents, Injuries, and Illnesses
ator of a mine shall develop a report of
each investigation. No operator may 50.20 Preparation and submission of
use Form 70001 as a report, except that MSHA Report Form 70001Mine
an operator of a mine at which fewer Accident, Injury, and Illness Re-
port.
than twenty miners are employed may,
with respect to that mine, use Form (a) Each operator shall maintain at
70001 as an investigation report re- the mine office a supply of MSHA Mine
specting an occupational injury not re- Accident, Injury, and Illness Report
lated to an accident. No operator may Form 70001. These may be obtained
use an investigation or an investiga- from the MSHA District Office. Each
tion report conducted or prepared by operator shall report each accident, oc-
MSHA to comply with this paragraph. cupational injury, or occupational ill-
An operator shall submit a copy of any ness at the mine. The principal officer
investigation report to MSHA at its re- in charge of health and safety at the
quest. Each report prepared by the op- mine or the supervisor of the mine area
erator shall include, in which an accident or occupational
(1) The date and hour of occurrence; injury occurs, or an occupational ill-
(2) The date the investigation began; ness may have originated, shall com-
(3) The names of individuals partici- plete or review the form in accordance
pating in the investigation; with the instructions and criteria in
(4) A description of the site; 50.201 through 50.207. If an occupa-
(5) An explanation of the accident or tional illness is diagnosed as being one
injury, including a description of any of those listed in 50.206(b)(7), the op-
equipment involved and relevant erator must report it under this part.
events before and after the occurrence, The operator shall mail completed
and any explanation of the cause of forms to MSHA within ten working
any injury, the cause of any accident days after an accident or occupational
or cause of any other event which injury occurs or an occupational illness
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50.201 30 CFR Ch. I (7114 Edition)
5515. To file electronically, follow the ment, and follow-up visit for the pur-
instructions on MSHA Internet site, pose of observation, of minor injuries
http://www.msha.gov. For assistance in such as, cuts, scratches, first degree
276
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Mine Safety and Health Admin., Labor 50.203
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50.204 30 CFR Ch. I (7114 Edition)
Code 12An event at a mine which causes dent injury or illness occurred on a
death or bodily injury to an individual not working section or working place,
at the mine at the time the event occurs. enter the code for the mining method
278
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Mine Safety and Health Admin., Labor 50.206
(3) Item 19. Check if this injury/ill- These are typical examples and are not
ness resulted in permanent total or to be considered the complete listing of
partial disability. the types of illnesses and disorders
279
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50.207 30 CFR Ch. I (7114 Edition)
that should be included under each cat- jury or occupational illness occurred.
egory. In cases where the time of onset For example: Setting temporary sup-
of illness is in doubt, the day of diag- port prior to drilling holes for roof
nosis of illness will be considered as bolts.
the first day of illness. (Secs. 103 (a) and (h), and 508, Pub. L. 91173,
(i) Code 21Occupational Skin Dis- as amended by Pub. L. 95164, 91 Stat. 1297,
eases or Disorders. Examples: Contact 1299, 83 Stat. 803 (30 U. S. C. 801, 813, 957))
dermatitis, eczema, or rash caused by
[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11,
primary irritants and sensitizers or 1978, as amended at 44 FR 52828, Sept. 11,
poisonous plants; oil acne; chrome ul- 1979; 69 FR 26499, May 13, 2004]
cers; chemical burns or inflammations.
(ii) Code 22Dust Diseases of the 50.207 CriteriaMSHA Form 70001,
Lungs (Pneumoconioses). Examples: Sili- Section D.
cosis, asbestosis, coal workers pneu- This section requires information
moconiosis, and other pneumoconioses. concerning the miners return to duty.
(iii) Code 23Respiratory Conditions (a) Item 28. Permanently transferred
due to Toxic Agents. Examples: Pneumo- or terminated. Check this block if the
nitis, pharyngitis, rhinitis, or acute miners employment was terminated or
congestion due to chemicals, dusts, if the miner was permanently trans-
gases, or fumes. ferred to another regular job as a di-
(iv) Code 24Poisoning (Systemic Ef- rect result of the occupational injury
fects of Toxic Materials). Examples: Poi- or occupational illness.
soning by lead, mercury, cadmium, ar- (b) Item 29. Show the date that the
senic, or other metals, poisoning by injured person returned to his regular
carbon monoxide, hydrogen sulfide or job at full capacity (not to restricted
other gases; poisoning by benzol, car- work activity) or was transferred or
bon tetrachloride, or other organic sol- terminated.
vents; poisoning by insecticide sprays (c) Item 30. Number of days away
such as parathion, lead arsenate; poi- from work. Enter the number of work-
soning by other chemicals such as days, consecutive or not, on which the
formaldehyde, plastics and resins. miner would have worked but could not
(v) Code 25Disorders Due to Physical because of occupational injury or occu-
Agents (Other than Toxic Materials). Ex- pational illness. The number of days
amples: Heatstroke, sunstroke, heat away from work shall not include the
exhaustion and other effects of envi- day of injury or onset of illness or any
ronmental heat; freezing, frostbite and days on which the miner would not
effects of exposure to low tempera- have worked even though able to work.
tures; caisson disease; effects of ion- If an employee loses a day from work
izing radiation (radon daughters, non- solely because of the unavailability of
medical, non-therapeutic X-rays, ra- professional medical personnel for ini-
dium); effects of nonionizing radiation tial observation or treatment and not
(welding flash, ultra-violet rays, micro- as a direct consequence of the injury or
waves, sunburn). illness, the day should not be counted
(vi) Code 26Disorders Associated with as a day away from work.
Repeated Trauma. Examples: Noise-in- (d) Item 31. Number of days of re-
duced hearing loss; synovitis, stricted work activity. Enter the num-
tenosynovitis, and bursitis; Raynauds ber of workdays, consecutive or not, on
phenomena; and other conditions due which because of occupational injury
to repeated motion, vibration or pres- or occupational illness:
sure. (1) The miner was assigned to an-
(vii) Code 29All Other Occupational other job on a temporary basis;
Illnesses. Examples: Infectious hepa- (2) The miner worked at a permanent
titis, malignant and benign tumors, job less than full time; or
any form of cancer, kidney diseases, (3) The miner worked at a perma-
food poisoning, histoplasmosis. nently assigned job but could not per-
(8) Item 24. Miners work activity form all duties normally connected
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when injury or illness occurred. De- with it. The number of days of re-
scribe exactly the activity of the in- stricted work activity shall not include
jured miner when the occupational in- the day of injury or onset of illness, or
280
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Mine Safety and Health Admin., Labor 50.301
any days the miner did not work even day of a calendar quarter shall report
though able to work. coal production on Form 70002.
If an injured or ill employee receives [42 FR 65535, Dec. 30, 1977, as amended at 60
scheduled follow-up medical treatment FR 35695, July 11, 1995; 69 FR 26499, May 13,
or observation which results in the loss 2004]
of a full workday solely because of the
unavailability of professional medical 50.301 General instructions for com-
pleting MSHA Form 70002.
personnel, it will not be counted as a
day of restricted work activity. Days of (a) MSHA I.D. Number is the 7-digit
restricted work activity end as the re- number assigned to the mine operation
sult of any of the following: by MSHA. Any questions regarding the
(i) The miner returns to his regularly appropriate I.D. number to use should
scheduled job and performs all of its be directed to your local MSHA Dis-
duties for a full day or shift; trict Office.
(ii) The miner is permanently trans- (b) Calendar Quarter: First quarter is
ferred to another permanent job (which January, February, and March. Second
shall be reported under Item 28, Perma- quarter is April, May, and June. Third
nently Transferred or Terminated). If quarter is July, August, and Sep-
this happens, even though the miner tember. Fourth quarter is October, No-
could not perform this original job any vember, and December.
longer, the Days of Restricted Work (c) County is the name of the county,
Activity will stop; or borough, or independent city in which
the operation is located.
(iii) The miner is terminated or
(d) Operation Name is the specific
leaves the mine. (Termination shall
name of the mine or plant to which the
also be reported under Item 28, Perma-
MSHA I.D. number was assigned and
nently Transferred or Terminated).
for which the quarterly employment
report is being submitted.
Subpart DQuarterly Employment (e) Company Name is the name of the
and Coal Production Report operating company that this report
pertains to.
50.30 Preparation and submission of (f) Mailing Address is the address of
MSHA Form 70002Quarterly Em- the mine office where the quarterly
ployment and Coal Production Re- employment report is to be retained.
port.
This should be as near the operation as
(a) Each operator of a mine in which possible.
an individual worked during any day of (g) Employment, Employee Hours, and
a calendar quarter shall complete a Coal Production(1) Operation Sub-Unit:
MSHA Form 70002 in accordance with (i) Underground Mine: Report data for
the instructions and criteria in 50.30 your underground workers on the first
1 and submit the original to the MSHA line. If you have personnel working at
Office of Injury and Employment Infor- the surface of your underground mine,
mation, P.O. Box 25367, Denver Federal report data for those persons on the
Center, Denver, Colo. 80225, within 15 second line;
days after the end of each calendar (ii) Surface Mine (Including Shops
quarter. These forms may be obtained and Yards): Report on the appropriate
from the MSHA District Office. Each line, employment and coal production
operator shall retain an operators for the mining operation. For surface
copy at the mine office nearest the mining sub-units 03, 04, 05 and 06, in-
mine for 5 years after the submission clude all work associated with shops
date. You may also submit reports by and yards;
facsimile, 8882315515. To file elec- (iii) Mill Operations, Preparation
tronically, follow the instructions on Plants, Breakers: Report data on all
MSHA Internet site, http:// persons employed at your milling
www.msha.gov. For assistance in elec- (crushing, sizing, grinding, concen-
tronic filing, contact the MSHA help trating, etc.) operation, preparation
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50.40 30 CFR Ch. I (7114 Edition)
shops and yards associated with other central or independent coal prepara-
sub-units.); tion plants or operators of metal or
(iv) Office: Include in this category nonmetal mines. Enter the total pro-
employees who work principally at the duction of clean coal from the mine.
mine or preparation facility office. This must include coal shipped from
(2) Average number of persons working the mine and coal used for fuel at the
during quarter: Show the average num- mine, but exclude refuse and coal pro-
ber of employees on the payroll during duced at another mine and purchased
all active periods in the quarter. In- for use at the mine.
clude all classes of employees (super- (h) Other Reportable Data. Indicate
visory, professional, technical propri- the number of reportable injuries or
etors, owners, operators, partners, and illnesses occurring at your operation
service personnel) on your payroll, full during the quarter covered by this re-
or part-time, Report Each Employee port. Show the name, title, and tele-
Under One Activity Only. For example: phone number of the person to be con-
If one or more persons work both in the tacted regarding this report, and show
mine and the mill, report these em- the date that this report was com-
ployees under the activity where they pleted.
spend most of their time. If necessary,
estimate for the major activity. The [42 FR 65535, Dec. 30, 1977, as amended at 69
average number may be computed by FR 26500, May 13, 2004]
adding together the number of employ-
ees working during each pay period and Subpart EMaintenance of
then dividing by the number of pay pe- Records; Verification of Infor-
riods. Do not include pay periods where mation
no one worked. For example, during
the quarter you had 5 pay periods 50.40 Maintenance of records.
where employees worked. The number (a) Each operator of a mine shall
of employees in each pay period was 10, maintain a copy of each investigation
12, 13, 14 and 15 respectively. To com- report required to be prepared under
pute the average, add the number of 50.11 at the mine office closest to the
employees working each pay period mine for five years after the concur-
(10+12+13+14+15=64). Then divide by the rence.
number of pay periods (64 divided by (b) Each operator shall maintain a
5=12.8). Rounding this to the nearest copy of each report submitted under
whole number, we get 13 as the average 50.20 or 50.30 at the mine office clos-
number of persons working. est to the mine for five years after sub-
(3) Total employee-hours worked during mission. Upon request by the Mine
the quarter: Show the total hours Safety and Health Administration, an
worked by all employees during the operator shall make a copy of any re-
quarter covered. Include all time where port submitted under 50.20 or 50.30
the employee was actually on duty, but available to MSHA for inspection or
exclude vacation, holiday, sick leave, copying.
and all other off-duty time, even
though paid for. Make certain that [42 FR 65535, Dec. 30, 1977, as amended at 43
each overtime hour is reported as one FR 12318, Mar. 24, 1978]
hour, and not as the overtime pay mul-
tiple for an hour of work. The hours re- 50.41 Verification of reports.
ported should be obtained from payroll Upon request by MSHA, an operator
or other time records. If actual hours shall allow MSHA to inspect and copy
are not available, they may be esti- information related to an accident, in-
mated on the basis of scheduled hours. jury or illnesses which MSHA considers
Make certain not to include hours paid relevant and necessary to verify a re-
but not worked. port of investigation required by 50.11
(4) Production of clean coal (short of this part or relevant and necessary
tons): This section is to be compiled to a determination of compliance with
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Mine Safety and Health Admin., Labor 50.41
SUBCHAPTER J [RESERVED]
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SUBCHAPTER KMETAL AND NONMETAL MINE SAFETY
AND HEALTH
284
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Mine Safety and Health Admin., Labor Pt. 56
56.6201 Separation of transported explosive 56.6904 Smoking and open flames.
material. 57.6905 Protection of explosive material.
56.6202 Vehicles.
56.6203 Locomotives. Subpart FDrilling and Rotary Jet Piercing
56.6204 Hoists.
56.6205 Conveying explosives by hand. DRILLING
56.7002 Equipment defects.
USE
56.7003 Drill area inspection.
56.6300 Control of blasting operations. 56.7004 Drill mast.
56.6301 Blasthole obstruction check. 56.7005 Augers and drill stems.
56.6302 Separation of explosive material. 56.7008 Moving the drill.
56.6303 Initiation preparation. 56.7009 Drill helpers.
56.6304 Primer protection. 56.7010 Power failures.
56.6305 Unused explosive material. 56.7011 Straightening crossed cables.
56.6306 Loading, blasting, and security. 56.7012 Tending drills in operation.
56.6307 Drill stem loading. 56.7013 Covering or guarding drill holes.
56.6308 Initiation systems. 56.7018 Hand clearance.
56.6309 Fuel oil requirements for ANFO. 56.7050 Tool and drill steel racks.
56.6310 Misfire waiting period. 56.7051 Loose objects on the mast or drill
56.6311 Handling of misfires. platform.
56.6312 Secondary blasting. 56.7052 Drilling positions.
56.7053 Moving hand-held drills.
ELECTRIC BLASTING
56.7055 Intersecting holes.
56.6400 Compatibility of electric detonators. 56.7056 Collaring in bootlegs.
56.6401 Shunting.
56.6402 Deenergized circuits near deto- ROTARY JET PIERCING
nators. 56.7801 Jet drills.
56.6403 Branch circuits. 56.7802 Oxygen hose lines.
56.6404 Separation of blasting circuits from 56.7803 Lighting the burner.
power source. 56.7804 Refueling.
56.6405 Firing devices. 56.7805 Smoking and open flames.
56.6406 Duration of current flow. 56.7806 Oxygen intake coupling.
56.6407 Circuit testing. 56.7807 Flushing the combustion chamber.
NONELECTRIC BLASTING
Subpart G [Reserved]
56.6500 Damaged initiating material.
56.6501 Nonelectric initiation systems. Subpart HLoading, Hauling, and
56.6502 Safety fuse. Dumping
EXTRANEOUS ELECTRICITY TRAFFIC SAFETY
56.6600 Loading practices. 56.9100 Traffic control.
56.6601 Grounding. 56.9101 Operating speeds and control of
56.6602 Static electricity dissipation during equipment.
loading. 56.9102 Movement of independently oper-
56.6603 Air gap. ating rail equipment.
56.6604 Precautions during storms. 56.9103 Clearance on adjacent tracks.
56.6605 Isolation of blasting circuits. 56.9104 Railroad crossings.
EQUIPMENT/TOOLS TRANSPORTATION OF PERSONS AND MATERIALS
56.6700 Nonsparking tools. 56.9200 Transporting persons.
56.6701 Tamping and loading pole require- 56.9201 Loading, hauling, and unloading of
ments. equipment or supplies.
56.9202 Loading and hauling large rocks.
MAINTENANCE
56.6800 Storage facilities. SAFETY DEVICES, PROVISIONS, AND PROCE-
56.6801 Vehicle repair. DURES FOR ROADWAYS, RAILROADS, AND
56.6802 Bulk delivery vehicles. LOADING AND DUMPING SITES
56.6803 Blasting lines. 56.9300 Berms or guardrails.
56.9301 Dump site restraints.
GENERAL REQUIREMENTS
56.9302 Protection against moving or run-
56.6900 Damaged or deteriorated explosive away railroad equipment.
material. 56.9303 Construction of ramps and dumping
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Pt. 56 30 CFR Ch. I (7114 Edition)
56.9306 Warning devices for restricted clear- 56.12005 Protection of power conductors
ances. from mobile equipment.
56.9307 Design, installation, and mainte- 56.12006 Distribution boxes.
nance of railroads. 56.12007 Junction box connection proce-
56.9308 Switch throws. dures.
56.9309 Chute design. 56.12008 Insulation and fittings for power
56.9310 Chute hazards. wires and cables.
56.9311 Anchoring stationary sizing devices. 56.12010 Isolation or insulation of commu-
56.9312 Working around drawholes. nication conductors.
56.9313 Roadway maintenance. 56.12011 High-potential electrical conduc-
56.9314 Trimming stockpile and muckpile tors.
faces. 56.12012 Bare signal wires.
56.9315 Dust control. 56.12013 Splices and repairs of power cables.
56.9316 Notifying the equipment operator. 56.12014 Handling energized power cables.
56.9317 Suspended loads. 56.12016 Work on electrically-powered
56.9318 Getting on or off moving equipment. equipment.
56.9319 Going over, under, or between rail- 56.12017 Work on power circuits.
cars. 56.12018 Identification of power switches.
56.9330 Clearance for surface equipment. 56.12019 Access to stationary electrical
equipment or switchgear.
Subpart IAerial Tramways 56.12020 Protection of persons at
switchgear.
56.10001 Filling buckets. 56.12021 Danger signs.
56.10002 Inspection and maintenance. 56.12022 Authorized persons at major elec-
56.10003 Correction of defects. trical installations.
56.10004 Brakes. 56.12023 Guarding electrical connections and
56.10005 Track cable connections. resistor grids.
56.10006 Tower guards. 56.12025 Grounding circuit enclosures.
56.10007 Falling object protection. 56.12026 Grounding transformer and
56.10008 Riding tramways. switchgear enclosures.
56.10009 Riding loaded buckets. 56.12027 Grounding mobile equipment.
56.10010 Starting precautions. 56.12028 Testing grounding systems.
56.12030 Correction of dangerous conditions.
Subpart JTravelways 56.12032 Inspection and cover plates.
56.12033 Hand-held electric tools.
56.11001 Safe access. 56.12034 Guarding around lights.
56.11002 Handrails and toeboards. 56.12035 Weatherproof lamp sockets.
56.11003 Construction and maintenance of 56.12036 Fuse removal or replacement.
ladders. 56.12037 Fuses in high-potential circuits.
56.11004 Portable rigid ladders. 56.12038 Attachment of trailing cables.
56.11005 Fixed ladder anchorage and toe 56.12039 Protection of surplus trailing ca-
clearance. bles.
56.11006 Fixed ladder landings. 56.12040 Installation of operating controls.
56.11007 Wooden components of ladders. 56.12041 Design of switches and starting
56.11008 Restricted clearance. boxes.
56.11009 Walkways along conveyors. 56.12042 Track bonding.
56.11010 Stairstep clearance. 56.12045 Overhead powerlines.
56.11011 Use of ladders. 56.12047 Guy wires.
56.11012 Protection for openings around 56.12048 Communication conductors on
travelways. power poles.
56.11013 Conveyor crossovers. 56.12050 Installation of trolley wires.
56.11014 Crossing moving conveyors. 56.12053 Circuits powered from trolley wires.
56.11016 Snow and ice on walkways and 56.12065 Short circuit and lightning protec-
travelways. tion.
56.11017 Inclined fixed ladders. 56.12066 Guarding trolley wires and bare
56.11025 Railed landings, backguards, and powerlines.
other protection for fixed ladders. 56.12067 Installation of transformers.
56.11026 Protection for inclined fixed lad- 56.12068 Locking transformer enclosures.
ders. 56.12069 Lightning protection for telephone
56.11027 Scaffolds and working platforms. wires and ungrounded conductors.
56.12071 Movement or operation of equip-
Subpart KElectricity ment near high-voltage power lines.
56.12001 Circuit overload protection. Subpart LCompressed Air and Boilers
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Mine Safety and Health Admin., Labor Pt. 56
56.13010 Reciprocating-type air compressors. 56.14213 Ventilation and shielding for weld-
56.13011 Air receiver tanks. ing.
56.13012 Compressor air intakes. 56.14214 Train warnings.
56.13015 Inspection of compressed-air receiv- 56.14215 Coupling or uncoupling cars.
ers and other unfired pressure vessels. 56.14216 Backpoling.
56.13017 Compressor discharge pipes. 56.14217 Securing parked railcars.
56.13019 Pressure system repairs. 56.14218 Movement of equipment on adja-
56.13020 Use of compressed air. cent tracks.
56.13021 High-pressure hose connections. 56.14219 Brakeman signals.
56.13030 Boilers. APPENDIX I TO SUBPART MNATIONAL CON-
SENSUS STANDARDS
Subpart MMachinery and Equipment
Subpart NPersonal Protection
56.14000 Definitions.
56.15001 First aid materials.
SAFETY DEVICES AND MAINTENANCE 56.15002 Hard hats.
REQUIREMENTS 56.15003 Protective footwear.
56.14100 Safety defects; examination, cor- 56.15004 Eye protection.
rection and records. 56.15005 Safety belts and lines.
56.14101 Brakes. 56.15006 Protective equipment and clothing
56.14102 Brakes for rail equipment. for hazards and irritants.
56.14103 Operators stations. 56.15007 Protective equipment or clothing
56.14104 Tire repairs. for welding, cutting, or working with
56.14105 Procedures during repairs or main- molten metal.
tenance. 56.15014 Eye protection when operating
56.14106 Falling object protection. grinding wheels.
56.14107 Moving machine parts. 56.15020 Life jackets and belts.
56.14108 Overhead drive belts.
56.14109 Unguarded conveyors with adjacent Subpart OMaterials Storage and
travelways. Handling
56.14110 Flying or falling materials.
56.14111 Slusher, backlash guards and secur- 56.16001 Stacking and storage of materials.
ing. 56.16002 Bins, hoppers, silos, tanks, and
56.14112 Construction and maintenance of surge piles.
guards. 56.16003 Storage of hazardous materials.
56.14113 Inclined conveyors: backstops or 56.16004 Containers for hazardous materials.
brakes. 56.16005 Securing gas cylinders.
56.14114 Air valves for pneumatic equip- 56.16006 Protection of gas cylinder valves.
ment. 56.16007 Taglines, hitches, and slings.
56.14115 Stationary grinding machines. 56.16009 Suspended loads.
56.14116 Hand-held power tools. 56.16010 Dropping materials from overhead.
56.14130 Roll-over protective structures 56.16011 Riding hoisted loads or on the hoist
(ROPS) and seat belts. hook.
56.14131 Seat belts for haulage trucks. 56.16012 Storage of incompatible substances.
56.14132 Horns and back-up alarms. 56.16013 Working with molten metal.
56.16014 Operator-carrying overhead cranes.
SAFETY PRACTICES AND OPERATIONAL 56.16015 Work or travel on overhead crane
PROCEDURES bridges.
56.16016 Lift trucks.
56.14200 Warnings prior to starting or mov-
ing equipment.
Subpart PIllumination
56.14201 Conveyor start-up warnings.
56.14202 Manual cleaning of conveyor pul- 56.17001 Illumination of surface working
leys. areas.
56.14203 Application of belt dressing.
56.14204 Machinery lubrication. Subpart QSafety Programs
56.14205 Machinery, equipment, and tools.
56.14206 Securing movable parts. 56.18002 Examination of working places.
56.14207 Parking procedures for unattended 56.18006 New employees.
equipment. 56.18009 Designation of person in charge.
56.14208 Warning devices. 56.18010 First aid.
56.14209 Safety procedures for towing. 56.18012 Emergency telephone numbers.
56.14210 Movement of dippers, buckets, load- 56.18013 Emergency communications sys-
ing booms, or suspended loads. tem.
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56.14211 Blocking equipment in a raised po- 56.18014 Emergency medical assistance and
sition. transportation.
56.14212 Chains, ropes, and drive belts. 56.18020 Working alone.
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Mine Safety and Health Admin., Labor 56.2
56.20002 Potable water. Berm means a pile or mound of mate-
56.20003 Housekeeping. rial along an elevated roadway capable
56.20005 Carbon tetrachloride. of moderating or limiting the force of a
56.20008 Toilet facilities. vehicle in order to impede the vehicles
56.20009 Tests for explosive dusts. passage over the bank of the roadway.
56.20010 Retaining dams.
Blast area means the area in which
56.20011 Barricades and warning signs.
56.20013 Waste receptacles.
concussion (shock wave), flying mate-
56.20014 Prohibited areas for food and bev- rial, or gases from an explosion may
erages. cause injury to persons. In determining
the blast area, the following factors
AUTHORITY: 30 U.S.C. 811. shall be considered:
SOURCE: 50 FR 4054, Jan. 29, 1985, unless (1) Geology or material to be blasted.
otherwise noted. (2) Blast pattern.
(3) Burden, depth, diameter, and
Subpart AGeneral angle of the holes.
(4) Blasting experience of the mine.
56.1 Purpose and scope. (5) Delay system, powder factor, and
This part 56 sets forth mandatory pounds per delay.
safety and health standards for each (6) Type and amount of explosive ma-
surface metal or nonmetal mine, in- terial.
cluding open pit mines, subject to the (7) Type and amount of stemming.
Federal Mine Safety and Health Act of Blast site means the area where explo-
1977. The purpose of these standards is sive material is handled during load-
the protection of life, the promotion of ing, including the perimeter formed by
health and safety, and the prevention the loaded blastholes and 50 feet (15.2
of accidents. meters) in all directions from loaded
holes. A minimum distance of 30 feet
56.2 Definitions. (9.1 meters) may replace the 50-foot
The following definitions apply in (15.2-meter) requirement if the perim-
this part. In addition definitions con- eter of loaded holes is demarcated with
tained in any subpart of part 56 apply a barrier. The 50-foot (15.2-meter) and
in that subpart. If inconsistent with alternative 30-foot (9.1-meter) require-
the general definitions in this section, ment also apply in all directions along
the definition in the subpart will apply the full depth of the hole.
in that subpart: Blasting agent means any substance
American Table of Distances means the classified as a blasting agent by the
current edition of The American Department of Transportation in 49
Table of Distances for Storage of Ex- CFR 173.114(a) (44 FR 31182, May 31,
plosives published by the Institute of 1979) which is incorporated by ref-
Makers of Explosives. erence. This document is available for
Approved means tested and accepted inspection at each Metal and Nonmetal
for a specific purpose by a nationally Safety and Health District Office of the
recognized agency. Mine Safety and Health Administra-
Attended means presence of an indi- tion, and may be obtained from the
vidual or continuous monitoring to U.S. Government Printing Office,
prevent unauthorized entry or access. Washington, DC 20402.
Authorized person means a person ap- Blasting area means the area near the
proved or assigned by mine manage- blasting operations in which concus-
ment to perform a specific type of duty sion or flying material can reasonably
or duties or to be at a specific location be expected to cause injury.
or locations in the mine. Blasting cap means a detonator which
Barricaded means obstructed to pre- is initiated by a safety fuse.
vent the passage of persons, vehicles, Blasting circuit means the electrical
or flying materials. circuit used to fire one or more electric
Barrier means a material object, or blasting caps.
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objects that separates, keeps apart, or Blasting switch means a switch used
demarcates in a conspicuous manner to connect a power source to a blasting
such as cones, a warning sign, or tape. circuit.
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56.2 30 CFR Ch. I (7114 Edition)
Booster means any unit of explosive Detonator means any device con-
or blasting agent used for the purpose taining a detonating charge that is
of perpetuating or intensifying an ini- used to initiate an explosive and in-
tial detonation. cludes but is not limited to blasting
Capped fuse means a length of safety caps, electric blasting caps and non-
fuse to which a blasting cap has been electric instantaneous or delay blast-
attached. ing caps.
Capped primer means a package or Distribution box means a portable ap-
cartridge of explosives which is specifi- paratus with an enclosure through
cally designed to transmit detonation which an electric circuit is carried to
to other explosives and which contains one or more cables from a single in-
a detonator. coming feed line, each cable circuit
Circuit breaker means a device de- being connected through individual
signed to open and close a circuit by overcurrent protective devices.
nonautomatic means and to open the Electric blasting cap means a deto-
circuit automatically on a predeter- nator designed for and capable of being
mined overcurrent setting without in- initiated by means of an electric cur-
jury to itself when properly applied rent.
within its rating. Electrical grounding means to connect
Combustible means capable of being with the ground to make the earth part
ignited and consumed by fire. of the circuit.
Combustible liquids means liquids hav- Employee means a person who works
ing a flash point at or above 100 F (37.8 for wages or salary in the service of an
C). They are divided into the following employer.
classes: Employer means a person or organiza-
tion which hires one or more persons to
(1) Class II liquidsthose having
work for wages or salary.
flash points at or above 100 F (37.8 C)
Emulsion means an explosive material
and below 140 F (60 C).
containing substantial amounts of
(2) Class IIIA liquidsthose having
oxidizers dissolved in water droplets,
flash points at or above 140 F (60 C)
surrounded by an immiscible fuel.
and below 200 F (93.4 C).
Explosive means any substance classi-
(3) Class IIIB liquidsthose having fied as an explosive by the Department
flash points at or above 200 F (93.4 C). of Transportation in 49 CFR 173.53,
Combustible material means a material 173.88, and 173.100 which are incor-
that, in the form in which it is used porated by reference. Title 49 CFR is
and under the conditions anticipated, available for inspection at each Metal
will ignite, burn, support combustion, and Nonmetal Safety and Health dis-
or release flammable vapors when sub- trict office of the Mine Safety and
jected to fire or heat. Wood, paper, rub- Health Administration, and may be ob-
ber, and plastics are examples of com- tained from the U.S. Government
bustible materials. Printing Office, Washington, DC 20402.
Company official means a member of Explosive material means explosives,
the company supervisory or technical blasting agents, and detonators.
staff. Face or bank means that part of any
Competent person means a person hav- mine where excavating is progressing
ing abilities and experience that fully or was last done.
qualify him to perform the duty to Fire resistance rating means the time,
which he is assigned. in minutes or hours, that an assembly
Conductor means a material, usually of materials will retain its protective
in the form of a wire, cable, or bus bar, characteristics or structural integrity
capable of carrying an electric current. upon exposure to fire.
Delay connector means a non-electric Flammable means capable of being
short interval delay device for use in easily ignited and of burning rapidly.
delaying blasts which are initiated by Flammable gas means a gas that will
detonating cord. burn in the normal concentrations of
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Mine Safety and Health Admin., Labor 56.2
Loading Guide for the IME22 Con- Concrete, masonry block, brick, and
tainer, (October 1993). This incorpora- steel are examples of noncombustible
tion by reference has been approved by materials.
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56.2 30 CFR Ch. I (7114 Edition)
Non-electric delay blasting cap means a the operator when equipment over-
detonator with an integral delay ele- turns.
ment and capable of being initiated by Safety can means an approved con-
miniaturized detonating cord. tainer, of not over five gallons capac-
Overburden means material of any ity, having a spring-closing lid and
nature, consolidated or unconsolidated, spout cover.
that overlies a deposit of useful mate- Safety fuse means a flexible cord con-
rials or ores that are to be mined. taining an internal burning medium by
Overload means that current which which fire is conveyed at a continuous
will cause an excessive or dangerous and uniform rate for the purpose of fir-
temperature in the conductor or con- ing blasting caps or a black powder
ductor insulation. charge.
Permissible means a machine, mate- Safety switch means a sectionalizing
rial, apparatus, or device that has been switch that also provides shunt protec-
investigated, tested, and approved by tion in blasting circuits between the
the Bureau of Mines or the Mine Safety blasting switch and the shot area.
and Health Administration and is Scaling means removal of insecure
maintained in permissible condition. material from a face or highwall.
Potable water means water which Secondary safety connection means a
shall meet the applicable minimum second connection between a convey-
health requirements for drinking water ance and rope, intended to prevent the
established by the State or community conveyance from running away or fall-
in which the mine is located or by the ing in the event the primary connec-
Environmental Protection Agency in 40 tion fails.
CFR part 141, pages 169182 revised as of
Shaft means a vertical or inclined
July 1, 1977. Where no such require-
shaft, a slope, incline or winze.
ments are applicable, the drinking
Short circuit means an abnormal con-
water provided shall conform with the
nection of relatively low resistance,
Public Health Service Drinking Water
whether made accidentally or inten-
Standards, 42 CFR part 72, subpart J,
tionally, between two points of dif-
pages 527533, revised as of October 1,
ferent potential in a circuit.
1976. Publications to which references
are made in this definition are hereby Slurry (as applied to blasting). See
made a part hereof. These incorporated Water gel.
publications are available for inspec- Storage facility means the entire class
tion at each Metal and Nonmetal Mine of structures used to store explosive
Safety and Health District Office of the materials. A storage facility used to
Mine Safety and Health Administra- store blasting agents corresponds to a
tion. BATF Type 4 or 5 storage facility.
Powder chest means a substantial, Storage tank means a container ex-
nonconductive portable container ceeding 60 gallons in capacity used for
equipped with a lid and used at blast- the storage of flammable or combus-
ing sites for explosives other than tible liquids.
blasting agents. Stray current means that portion of a
Primer means a unit, package, or car- total electric current that flows
tridge of explosives used to initiate through paths other than the intended
other explosives or blasting agents, and circuit.
which contains a detonator. Substantial construction means con-
Reverse-current protection means a struction of such strength, material,
method or device used on direct-cur- and workmanship that the object will
rent circuits or equipment to prevent withstand all reasonable shock, wear,
the flow of current in the reverse direc- and usage, to which it will be sub-
tion. jected.
Rock fixture means any tensioned or Suitable means that which fits, and
nontensioned device or material in- has the qualities or qualifications to
serted into the ground to strengthen or meet a given purpose, occasion, condi-
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Mine Safety and Health Admin., Labor 56.3203
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56.3400 30 CFR Ch. I (7114 Edition)
Specification for Roof and Rock Bolts installation torque range, corrective
and Accessories, the mine operator action shall be taken.
shall (g) When grouted fixtures can be test-
(1) Obtain a manufacturers certifi- ed by applying torque, the first fixture
cation that the material was manufac- installed in each work place shall be
tured and tested in accordance with tested to withstand 150 foot-pounds of
the specifications of ASTM F43295; torque. Should it rotate in the hole, a
and second fixture shall be tested in the
(2) Make this certification available same manner. If the second fixture also
to an authorized representative of the turns, corrective action shall be taken.
Secretary and to the representative of (h) When other tensioned and nonten-
miners. sioned fixtures are used, test methods
(b) Fixtures and accessories not ad- shall be established to verify their ef-
dressed in ASTM F43295 may be used fectiveness.
for ground support provided they (i) The mine operator shall certify
(1) Have been successful in sup- that tests were conducted and make
porting the ground in an area with the certification available to an au-
similar strata, opening dimensions and thorized representative of the Sec-
ground stresses in any mine; or retary.
(2) Have been tested and shown to be [51 FR 36197, Oct. 8, 1986, as amended at 51 FR
effective in supporting ground in an 36804, Oct. 16, 1986; 63 FR 20030, Apr. 22, 1998]
area of the affected mine which has
similar strata, opening dimensions, and PRECAUTIONS
ground stresses as the area where the 56.3400 Secondary breakage.
fixtures are expected to be used. Dur-
ing the test process, access to the test Prior to secondary breakage oper-
area shall be limited to persons nec- ations, material to be broken, other
essary to conduct the test. than hanging material, shall be posi-
(c) Bearing plates shall be used with tioned or blocked to prevent movement
fixtures when necessary for effective which would endanger persons in the
ground support. work area. Secondary breakage shall
(d) The diameter of finishing bits be performed from a location which
shall be within a tolerance of plus or would not expose persons to danger.
minus 0.030 inch of the manufacturers 56.3401 Examination of ground con-
recommended hole diameter for the an- ditions.
chor used. When separate finishing bits
are used, they shall be distinguishable Persons experienced in examining
from other bits. and testing for loose ground shall be
designated by the mine operator. Ap-
(e) Damaged or deteriorated car-
propriate supervisors or other des-
tridges of grouting material shall not
ignated persons shall examine and,
be used.
where applicable, test ground condi-
(f) When rock bolts tensioned by tions in areas where work is to be per-
torquing are used as a means of ground formed prior to work commencing,
support, after blasting, and as ground condi-
(1) Selected tension level shall be tions warrant during the work shift.
(i) At least 50 percent of either the Highwalls and banks adjoining
yield point of the bolt or anchorage ca- travelways shall be examined weekly
pacity of the rock, whichever is less; or more often if changing ground con-
and ditions warrant.
(ii) No greater than the yield point of
the bolt or anchorage capacity of the 56.3430 Activity between machinery
rock. or equipment and the highwall or
(2) The torque of the first bolt, every bank.
tenth bolt, and the last bolt installed Persons shall not work or travel be-
in each work area during the shift shall tween machinery or equipment and the
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56.4201 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor 56.4500
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56.4501 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor 56.5001
(b) The torch and hoses are left unat- Subpart DAir Quality and
tended; or Physical Agents
(c) The task or series of tasks is com-
pleted. AIR QUALITY
56.4230 .. NFPA No. 10Portable Fire Extinguishers. age full-shift airborne concentration of
NFPA No. 121Mobile Surface Mining Equip- 0.1 fiber per cubic centimeter of air (f/
ment.
cc).
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56.5002 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor 56.6102
sistant, ventilated facility for the stor- (a) Explosive material shall be
age of explosives and detonators (BATF (1) Stored in a manner to facilitate
Type 1 or Type 2 facility). use of oldest stocks first;
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56.6130 30 CFR Ch. I (7114 Edition)
(2) Stored according to brand and 55.218 and 55.220. This document is
grade in such a manner as to facilitate available at any MSHA Metal and
identification; and Nonmetal Safety and Health district
(3) Stacked in a stable manner but office.
not more than 8 feet high.
(b) Explosives and detonators shall be 56.6132 Magazine requirements.
stored in closed nonconductive con- (a) Magazines shall be
tainers except that nonelectric deto- (1) Structurally sound;
nating devices may be stored on non- (2) Noncombustible or the exterior
conductive racks provided the case-in- covered with fire-resistant material;
sert instructions and the date-plant- (3) Bullet resistant;
shift code are maintained with the (4) Made of nonsparking material on
product. the inside;
(5) Ventilated to control dampness
56.6130 Explosive material storage and excessive heating within the maga-
facilities. zine;
(a) Detonators and explosives shall be (6) Posted with the appropriate
stored in magazines. United States Department of Transpor-
(b) Packaged blasting agents shall be tation placards or other appropriate
stored in a magazine or other facility warning signs that indicate the con-
which is ventilated to prevent damp- tents and are visible from each ap-
ness and excessive heating, weather-re- proach, so located that a bullet passing
sistant, and locked or attended. Drop through any of the signs will not strike
trailers do not have to be ventilated if the magazine;
they are currently licensed by the Fed- (7) Kept clean and dry inside;
eral, State, or local authorities for (8) Unlighted or lighted by devices
over-the-road use. Facilities other than that are specifically designed for use in
magazines used to store blasting magazines and which do not create a
agents shall contain only blasting fire or explosion hazard;
agents. (9) Unheated or heated only with de-
(c) Bulk blasting agents shall be vices that do not create a fire or explo-
stored in weather-resistant bins or sion hazard;
tanks which are locked, attended, or (10) Locked when unattended; and
otherwise inaccessible to unauthorized (11) Used exclusively for the storage
entry. of explosive material except for essen-
(d) Facilities, bins or tanks shall be tial nonsparking equipment used for
posted with the appropriate United the operation of the magazine.
States Department of Transportation (b) Metal magazines shall be
placards or other appropriate warning equipped with electrical bonding con-
signs that indicate the contents and nections between all conductive por-
are visible from each approach. tions so the entire structure is at the
same electrical potential. Suitable
56.6131 Location of explosive mate- electrical bonding methods include
rial storage facilities. welding, riveting, or the use of securely
(a) Storage facilities for any explo- tightened bolts where individual metal
sive material shall be portions are joined. Conductive por-
(1) Located so that the forces gen- tions of nonmetal magazines shall be
erated by a storage facility explosion grounded.
will not create a hazard to occupants (c) Electrical switches and outlets
in mine buildings and will not damage shall be located on the outside of the
dams or electric substations; and magazine.
(2) Detached structures located out-
side the blast area and a sufficient dis- 56.6133 Powder chests.
tance from powerlines so that the (a) Powder chests (day boxes) shall
powerlines, if damaged, would not con- be
tact the magazines. (1) Structurally sound, weather-re-
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(b) Operators should also be aware of sistant, equipped with a lid or cover,
regulations affecting storage facilities and with only nonsparking material on
in 27 CFR part 55, in particular, 27 CFR the inside;
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Mine Safety and Health Admin., Labor 56.6201
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56.6202 30 CFR Ch. I (7114 Edition)
(iii) The engine shut off unless erations and related activities.
powering a device being used in the (b) Trainees and inexperienced per-
loading operation. sons shall work only in the immediate
304
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Mine Safety and Health Admin., Labor 56.6307
presence of persons trained and experi- or Keep Out; or flagged against un-
enced in the handling and use of explo- authorized entry.
sive material. (b) Vehicles and equipment shall not
be driven over explosive material or
56.6301 Blasthole obstruction check. initiating systems in a manner which
Before loading, blastholes shall be could contact the material or systems,
checked and, wherever possible, cleared or create other hazards.
of obstructions. (c) Once loading begins, the only ac-
tivities permitted within the blast site
56.6302 Separation of explosive mate-
rial. shall be those activities directly re-
lated to the blasting operation and the
Explosives and blasting agents shall activities of surveying, stemming,
be kept separated from detonators sampling of geology, and reopening of
until loading begins. holes, provided that reasonable care is
56.6303 Initiation preparation. exercised. Haulage activity is per-
mitted near the base of a highwall
(a) Primers shall be made up only at being loaded or awaiting firing, pro-
the time of use and as close to the vided no other haulage access exists.
blast site as conditions allow.
(d) Loading and blasting shall be con-
(b) Primers shall be prepared with
ducted in a manner designed to facili-
the detonator contained securely and
tate a continuous process, with the
completely within the explosive or con-
tained securely and appropriately for blast fired as soon as possible following
its design in the tunnel or cap well. the completion of loading. If blasting a
(c) When using detonating cord to loaded round may be delayed for more
initiate another explosive, a connec- than 72 hours, the operator shall notify
tion shall be prepared with the deto- the appropriate MSHA district office.
nating cord threaded through, attached (e) In electric blasting prior to con-
securely to, or otherwise in contact necting to the power source, and in
with the explosive. nonelectric blasting prior to attaching
an initiating device, all persons shall
56.6304 Primer protection. leave the blast area except persons in a
(a) Tamping shall not be done di- blasting shelter or other location that
rectly on a primer. protects them from concussion (shock
(b) Rigid cartridges of explosives or wave), flying material, and gases.
blasting agents that are 4 inches (100 (f) Before firing a blast
millimeters) in diameter or larger shall (1) Ample warning shall be given to
not be dropped on the primer except allow all persons to be evacuated;
where the blasthole contains sufficient (2) Clear exit routes shall be provided
depth of water to protect the primer for persons firing the round; and
from impact. Slit packages of prill, (3) All access routes to the blast area
water gel, or emulsions are not consid- shall be guarded or barricaded to pre-
ered rigid cartridges and may be drop vent the passage of persons or vehicles.
loaded.
(g) Work shall not resume in the
56.6305 Unused explosive material. blast area until a post-blast examina-
tion addressing potential blast-related
Unused explosive material shall be
hazards has been conducted by a person
moved to a protected location as soon
with the ability and experience to per-
as practical after loading operations
form the examination.
are completed.
site, the blast site shall be attended; be extracted while containing explosive
barricaded and posted with warning material. The use of loading hose, col-
signs, such as Danger, Explosives, lar sleeves, or collar pipes is permitted.
305
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56.6308 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor 56.6502
(c) Only the blaster shall have the (2) Factory-made units shall be used
key or other control to an electrical as assembled and shall not be cut ex-
firing device. cept that a single splice is permitted
on the lead-in trunkline during dry
56.6406 Duration of current flow. conditions; and
If any part of a blast is connected in (3) Connections between blastholes
parallel and is to be initiated from shall not be made until immediately
powerlines or lighting circuits, the prior to clearing the blast site when
time of current flow shall be limited to surface delay detonators are used.
a maximum of 25 milliseconds. This (b) When the nonelectric initiation
can be accomplished by incorporating system uses detonating cord
an arcing control device in the blasting (1) The line of detonating cord ex-
circuit or by interrupting the circuit tending out of a blasthole shall be cut
with an explosive device attached to from the supply spool immediately
one or both lead lines and initiated by after the attached explosive is cor-
a 25-millisecond delay electric deto- rectly positioned in the hole;
nator. (2) In multiple row blasts, the trunk-
line layout shall be designed so that
56.6407 Circuit testing. the detonation can reach each
blasthole from at least two directions;
A blasting galvanometer or other in-
(3) Connections shall be tight and
strument designed for testing blasting
kept at right angles to the trunkline;
circuits shall be used to test each of (4) Detonators shall be attached se-
the following: curely to the side of the detonating
(a) Continuity of each electric deto- cord and pointed in the direction in
nator in the blasthole prior to stem- which detonation is to proceed;
ming and connection to the blasting (5) Connections between blastholes
line. shall not be made until immediately
(b) Resistance of individual series or prior to clearing the blast site when
the resistance of multiple balanced se- surface delay detonators are used; and
ries to be connected in parallel prior to (6) Lead-in lines shall be manually
their connection to the blasting line. unreeled if connected to the trunklines
(c) Continuity of blasting lines prior at the blast site.
to the connection of electric detonator (c) When the nonelectric initiation
series. system uses gas tube, continuity of the
(d) Total blasting circuit resistance circuit shall be tested prior to blasting.
prior to connection to the power
source. 56.6502 Safety fuse.
(a) The burning rate of each spool of
NONELECTRIC BLASTING safety fuse to be used shall be meas-
ured, posted in locations which will be
56.6500 Damaged initiating material.
conspicuous to safety fuse users, and
A visual check of the completed cir- brought to the attention of all persons
cuit shall be made to ensure that the involved with the blasting operation.
components are properly aligned and (b) When firing with safety fuse ig-
connected. Safety fuse, igniter cord, nited individually using handheld
detonating cord, shock or gas tubing, lighters, the safety fuse shall be of
and similar material which is kinked, lengths which provide at least the min-
bent sharply, or damaged shall not be imum burning time for a particular
used. size round, as specified in the following
table:
56.6501 Nonelectric initiation sys-
tems. TABLE E1SAFETY FUSEMINIMUM BURNING
(a) When the nonelectric initiation TIME
system uses shock tube Minimum
Number of holes in a round
(1) Connections with other initiation burning time
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56.6600 30 CFR Ch. I (7114 Edition)
308
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Mine Safety and Health Admin., Labor 56.6902
56.6701 Tamping and loading pole re- (b) Containers of black powder shall
quirements. be
Tamping and loading poles shall be of (1) Nonsparking;
wood or other nonconductive, non- (2) Kept in a totally enclosed cargo
sparking material. Couplings for poles space while being transported by a ve-
shall be nonsparking. hicle;
(3) Securely closed at all times
MAINTENANCE when
(i) Within 50 feet of any magazine or
56.6800 Storage facilities. open flame;
When repair work which could (ii) Within any building in which a
produce a spark or flame is to be per- fuel-fired or exposed-element electric
formed on a storage facility heater is operating; or
(iii) In an area where electrical or in-
(a) The explosive material shall be
candescent-particle sparks could result
moved to another facility, or moved at
in powder ignition; and
least 50 feet from the repair activity
(4) Opened only when the powder is
and monitored; and
being transferred to a blasthole or an-
(b) The facility shall be cleaned to
other container and only in locations
prevent accidental detonation.
not listed in paragraph (b)(3) of this
56.6801 Vehicle repair. section.
(c) Black powder shall be transferred
Vehicles containing explosive mate- from containers only by pouring.
rial and oxidizers shall not be taken (d) Spills shall be cleaned up prompt-
into a repair garage or shop. ly with nonsparking equipment. Con-
taminated powder shall be put into a
56.6802 Bulk delivery vehicles.
container of water and shall be dis-
No welding or cutting shall be per- posed of promptly after the granules
formed on a bulk delivery vehicle until have disintegrated, or the spill area
the vehicle has been washed down and shall be flushed promptly with water
all explosive material has been re- until the granules have disintegrated
moved. Before welding or cutting on a completely.
hollow shaft, the shaft shall be thor- (e) Misfires shall be disposed of by
oughly cleaned inside and out and washing the stemming and powder
vented with a minimum 12-inch diame- charge from the blasthole, and remov-
ter opening to allow for sufficient ven- ing and disposing of the initiator in ac-
tilation. cordance with the requirement for
damaged explosives.
56.6803 Blasting lines. (f) Holes shall not be reloaded for at
Permanent blasting lines shall be least 12 hours when the blastholes have
properly supported. All blasting lines failed to break as planned.
shall be insulated and kept in good re-
pair. 56.6902 Excessive temperatures.
(a) Where heat could cause premature
GENERAL REQUIREMENTS detonation, explosive material shall
not be loaded into hot areas, such as
56.6900 Damaged or deteriorated ex- kilns or sprung holes.
plosive material.
(b) When blasting sulfide ores where
Damaged or deteriorated explosive hot holes occur that may react with
material shall be disposed of in a safe explosive material in blastholes, opera-
manner in accordance with the instruc- tors shall
tions of the manufacturer. (1) Measure an appropriate number of
blasthole temperatures in order to as-
56.6901 Black powder. sess the specific mine conditions prior
(a) Black powder shall be used for to the introduction of explosive mate-
blasting only when a desired result rial;
rmajette on DSK2TPTVN1PROD with CFR
cannot be obtained with another type (2) Limit the time between the com-
of explosive, such as in quarrying cer- pletion of loading and the initiation of
tain types of dimension stone. the blast to no more than 12 hours; and
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56.6903 30 CFR Ch. I (7114 Edition)
clear of augers or drill stems that are cess to the control levers;
in motion. Persons shall not pass under (b) Insecure footing or insecure stag-
or step over a moving stem or auger. ing; or
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Mine Safety and Health Admin., Labor 56.9103
(c) Atop equipment not suitable for 56.7806 Oxygen intake coupling.
drilling.
The oxygen intake coupling on jet-
56.7053 Moving hand-held drills. piercing drills shall be constructed so
that only the oxygen hose can be cou-
Before hand-held drills are moved pled to it.
from one working area to another, air
shall be turned off and bled from the 56.7807 Flushing the combustion
hose. chamber.
56.7055 Intersecting holes. The combustion chamber of a jet
drill stem which has been sitting
Holes shall not be drilled where there
unoperated in a drill hole shall be
is a danger of intersecting a misfired
flushed with a suitable solvent after
hole or a hole containing explosives
the stem is pulled up.
blasting agents, or detonators.
[56 FR 46508, Sept. 12, 1991]
Subpart G [Reserved]
56.7056 Collaring in bootlegs.
Holes shall not be collared in boot- Subpart HLoading, Hauling, and
legs. Dumping
[56 FR 46508, Sept. 12, 1991]
SOURCE: 53 FR 32520, Aug. 25, 1988, unless
ROTARY JET PIERCING otherwise noted.
Signs warning against smoking and Railcars shall not be left on side
open flames shall be posted in these tracks unless clearance is provided for
areas. traffic on adjacent tracks.
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56.9104 30 CFR Ch. I (7114 Edition)
(h) On conveyors unless the con- consider when establishing the max-
veyors are designed to provide for their imum speed limit shall include the
safe transportation. width, slope and alignment of the road,
312
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Mine Safety and Health Admin., Labor 56.9312
the type of equipment using the road, (c) When a truck operator cannot
the road material, and any hazardous clearly recognize the spotters signals,
conditions which may exist. the truck shall be stopped.
(5) Road surface traction is not im-
paired by weather conditions, such as 56.9306 Warning devices for re-
sleet and snow, unless corrective meas- stricted clearances.
ures are taken to improve traction. Where restricted clearance creates a
(e) This standard is not applicable to hazard to persons on mobile equip-
rail beds. ment, warning devices shall be in-
stalled in advance of the restricted
[53 FR 32520, Aug. 25, 1988, as amended at 55 area and the restricted area shall be
FR 37218, Sept. 7, 1990]
conspicuously marked.
56.9301 Dump site restraints. 56.9307 Design, installation, and
Berms, bumper blocks, safety hooks, maintenance of railroads.
or similar impeding devices shall be Roadbeds and all elements of the
provided at dumping locations where railroad tracks shall be designed, in-
there is a hazard of overtravel or over- stalled, and maintained to provide safe
turning. operation consistent with the speed
and type of haulage used.
56.9302 Protection against moving or
runaway railroad equipment. 56.9308 Switch throws.
Stopblocks, derail devices, or other Switch throws shall be installed to
devices that protect against moving or provide clearance to protect switchmen
runaway rail equipment shall be in- from contact with moving trains.
stalled wherever necessary to protect
persons. 56.9309 Chute design.
Chute-loading installations shall be
56.9303 Construction of ramps and
dumping facilities. designed to provide a safe location for
persons pulling chutes.
Ramps and dumping facilities shall
be designed and constructed of mate- 56.9310 Chute hazards.
rials capable of supporting the loads to (a) Prior to chute-pulling, persons
which they will be subjected. The who could be affected by the draw or
ramps and dumping facilities shall pro- otherwise exposed to danger shall be
vide width, clearance, and headroom to warned and given time to clear the haz-
safely accommodate the mobile equip- ardous area.
ment using the facilities. (b) Persons attempting to free chute
hangups shall be experienced and fa-
56.9304 Unstable ground.
miliar with the task, know the hazards
(a) Dumping locations shall be vis- involved, and use the proper tools to
ually inspected prior to work com- free material.
mencing and as ground conditions war- (c) When broken rock or material is
rant. dumped into an empty chute, the chute
(b) Where there is evidence that the shall be equipped with a guard or all
ground at a dumping location may fail persons shall be isolated from the haz-
to support the mobile equipment, loads ard of flying rock or material.
shall be dumped a safe distance back
from the edge of the unstable area of 56.9311 Anchoring stationary sizing
the bank. devices.
Grizzlies and other stationary sizing
56.9305 Truck spotters. devices shall be securely anchored.
(a) If truck spotters are used, they
shall be in the clear while trucks are 56.9312 Working around drawholes.
backing into dumping position or Unless platforms or safety lines are
dumping. used, persons shall not position them-
rmajette on DSK2TPTVN1PROD with CFR
(b) Spotters shall use signal lights to selves over drawholes if there is danger
direct trucks where visibility is lim- that broken rock or material may be
ited. withdrawn or bridged.
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56.9313 30 CFR Ch. I (7114 Edition)
tracks at all locations where possible (d) Buckets equipped with positive
or the area shall be marked conspicu- locks to prevent accidental tripping or
ously. dumping.
314
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Mine Safety and Health Admin., Labor 56.11017
315
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56.11025 30 CFR Ch. I (7114 Edition)
316
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Mine Safety and Health Admin., Labor 56.12023
317
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56.12025 30 CFR Ch. I (7114 Edition)
56.12035 Weatherproof lamp sockets. the track serves as the return trolley
Lamp sockets shall be of a weather- circuit. When rails are moved, re-
proof type where they are exposed to placed, or broken bonds are discovered,
318
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Mine Safety and Health Admin., Labor 56.12071
they shall be rebonded within three 56.12053 Circuits powered from trol-
working shifts. ley wires.
Ground wires for lighting circuits
56.12045 Overhead powerlines.
powered from trolley wires shall be
Overhead high-potential powerlines connected securely to the ground-re-
shall be installed as specified by the turn circuit.
National Electrical Code.
56.12065 Short circuit and lightning
56.12047 Guy wires. protection.
Guy wires of poles supporting high- Powerlines, including trolley wires,
voltage transmission lines shall meet and telephone circuits shall be pro-
the requirements for grounding or in- tected against short circuits and light-
sulator protection of the National ning.
Electrical Safety Code, part 2, entitled
Safety Rules for the Installation and 56.12066 Guarding trolley wires and
bare powerlines.
Maintenance of Electric Supply and
Communication Lines (also referred Where metallic tools or equipment
to as National Bureau of Standards can come in contact with trolley wires
Handbook 81, November 1, 1961) and or bare powerlines, the lines shall be
Supplement 2 thereof issued March guarded or deenergized.
1968, which are hereby incorporated by
reference and made a part hereof. 56.12067 Installation of transformers.
These publications and documents may Transformers shall be totally en-
be obtained from the National Insti- closed, or shall be placed at least 8 feet
tute of Science and Technology, 100 Bu- above the ground, or installed in a
reau Drive, Stop 3460, Gaithersburg, transformer house, or surrounded by a
MD 208993460. Telephone: 3019756478 substantial fence at least 6 feet high
(not a toll free number); http:// and at least 3 feet from any energized
ts.nist.gov/nvl; or from the Government parts, casings, or wiring.
Printing Office, Information Dissemi-
nation (Superintendent of Documents), 56.12068 Locking transformer enclo-
P.O. Box 371954, Pittsburgh, PA 15250 sures.
7954; Telephone: 8665121800 (toll free) Transformer enclosures shall be kept
or 2025121800, http://bookstore.gpo.gov, locked against unauthorized entry.
or may be examined in any Metal and
Nonmetal Mine Safety and Health Dis- 56.12069 Lightning protection for
trict Office of the Mine Safety and telephone wires and ungrounded
conductors.
Health Administration.
Each ungrounded power conductor or
[50 FR 4054, Jan. 29, 1985, as amended at 60 telephone wire that leads underground
FR 35695, July 11, 1995; 71 FR 16667, Apr. 3,
2006]
and is directly exposed to lightning
shall be equipped with suitable light-
56.12048 Communication conductors ning arrestors of approved type within
on power poles. 100 feet of the point where the circuit
enters the mine. Lightning arrestors
Telegraph, telephone, or signal wires shall be connected to a low resistance
shall not be installed on the same grounding medium on the surface and
crossarm with power conductors. When shall be separated from neutral
carried on poles supporting powerlines, grounds by a distance of not less than
they shall be installed as specified by 25 feet.
the National Electrical Code.
56.12071 Movement or operation of
56.12050 Installation of trolley wires. equipment near high-voltage power
Trolley wires shall be installed at lines.
least seven feet above rails where When equipment must be moved or
rmajette on DSK2TPTVN1PROD with CFR
height permits, and aligned and sup- operated near energized high-voltage
ported to suitably control sway and powerlines (other than trolley lines)
sag. and the clearance is less than 10 feet,
319
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56.13001 30 CFR Ch. I (7114 Edition)
320
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Mine Safety and Health Admin., Labor 56.14000
Vessels
C Storage of Mild Steel Covered Arc Weld- [53 FR 32521, Aug. 25, 1988, as amended at 69
ing Electrodes FR 38840, June 29, 2004]
321
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56.14100 30 CFR Ch. I (7114 Edition)
036000 ............................................................ 34 38 43 48 53 59 64 70 76 83 89
3600070000 .................................................... 41 46 52 58 62 70 76 83 90 97 104
70000140000 .................................................. 48 54 61 67 74 81 88 95 103 111 119
140000250000 ................................................ 56 62 69 77 84 92 100 108 116 125 133
250000400000 ................................................ 59 66 74 81 89 97 105 114 123 132 141
Over 400000 ..................................................... 63 71 78 86 94 103 111 120 129 139 148
Stopping distances are computed using a constant decleration of 9.66 FPS2 and system response response times of .5.1, 1.5,
2, 2.25 and 2.5 seconds for each increasing weight category respectively. Stopping distance values include a one-second oper-
ator response time.
Seconds Required to Travel 100 Feet ............. 6.8 6.2 5.7 5.2 4.9 4.5 4.3 4.0 3.8 3.6 3.4
322
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Mine Safety and Health Admin., Labor 56.14103
(3) Service brake tests shall be con- sideways or exhibit other lateral mo-
ducted under the direction of the mine tion during the braking portion of the
operator in cooperation with an ac- test.
cording to the instructions provided by (ii) If the equipment exceeds the
the MSHA inspector as follows: maximum stopping distance in the ini-
(i) Equipment capable of traveling at tial test run, the mine operator may
least 10 miles per hour shall be tested request from the inspector up to four
with a typical load for that particular additional test runs with two runs to
piece of equipment. Front-end loaders be conducted in each direction. The
shall be tested with the loader bucket performance of the service brakes shall
empty. Equipment shall not be tested be considered acceptable if the equip-
when carrying hazardous loads, such as ment does not exceed the maximum
explosives. stopping distance on at least three of
(ii) The approach shall be sufficient the additional tests.
length to allow the equipment operator (5) Where there is not an appropriate
to reach and maintain a constant speed test site at the mine or the equipment
between 10 and 20 miles per hour prior is not capable or traveling at least 10
to entering the 100 foot measured area. miles per hour, service brake tests will
The constant speed shall be maintained not be conducted. In such cases, the in-
up to the point when the equipment op- spector will rely upon other available
erator receives the signal to apply the evidence to determine whether the
brakes. The roadway shall be wide service brake system meets the per-
enought to accommodate the size of formance requirement of this standard.
the equipment being tested. The [53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov.
ground shall be generally level, packed, 4, 1988]
and dry in the braking portion of the
test course. Ground moisture may be 56.14102 Brakes for rail equipment.
present to the extent that it does not Braking systems on railroad cars and
adversely affect the braking surface. locomotives shall be maintained in
(iii) Braking is to be performed using functional condition.
only those braking systems, including
auxiliary retarders, which are designed 56.14103 Operators stations.
to bring the equipment to a stop under (a) If windows are provided on opera-
normal operating conditions. Parking tors stations of self-propelled mobile
or emergency (secondary) brakes are equipment, the windows shall be made
not to be actuated during the test. of safety glass or material with equiva-
(iv) The tests shall be conducted with lent safety characteristics. The win-
the transmission in the gear appro- dows shall be maintained to provide
priate for the speed the equipment is visibility for safe operation.
traveling except for equipment which (b) If damaged windows obscure visi-
is designed for the power train to be bility necessary for safe operation, or
disengaged during braking. create a hazard to the equipment oper-
(v) Testing speeds shall be a min- ator, the windows shall be replaced or
imum of 10 miles per hour and a max- removed. Damaged windows shall be re-
imum of 20 miles per hour. placed if absence of a window would ex-
(vi) Stopping distances shall be meas- pose the equipment operator to haz-
ured from the point at which the equip- ardous evironmental conditions which
ment operator receives the signal to would affect the ability of the equip-
apply the service brakes to the final ment operator to safely operate the
stopped position. equipment.
(4) Test results shall be evaluated as (c) The operators stations of self-
follows: propelled mobile equipment shall
(i) If the initial test run is valid and (1) Be free of materials that could
the stopping distance does not exceed create a hazard to persons by impairing
the corresponding stopping distance the safe operation of the equipment;
listed in Table 1, the performance of and
rmajette on DSK2TPTVN1PROD with CFR
the service brakes shall be considered (2) Not be modified, in a manner that
acceptable. For tests to be considered obscures visibility necessary for safe
valid, the equipment shall not slide operation.
323
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56.14104 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor 56.14130
(2) Not create a hazard by their use. (1) Crawler tractors and crawler load-
(b) Guards shall be securely in place ers;
while machinery is being operated, ex- (2) Graders;
cept when testing or making adjust- (3) Wheel loaders and wheel tractors;
ments which cannot be performed with- (4) The tractor portion of semi-
out removal of the guard. mounted scrapers, dumpers, water wag-
ons, bottom-dump wagons, rear-dump
56.14113 Inclined conveyors: back- wagons, and towed fifth wheel attach-
stops or brakes.
ments;
Backstops or brakes shall be in- (5) Skid-steer loaders; and
stalled on drive units of inclined con- (6) Agricultural tractors.
veyors to prevent the conveyors from (b) ROPS construction. ROPS shall
running in reverse, creating a hazard meet the requirements of the following
to persons. Society of Automotive Engineers
(SAE) publications, as applicable,
56.14114 Air valves for pneumatic
equipment. which are incorporated by reference:
(1) SAE J1040, Performance Criteria
A manual master quick-close type air for Roll-Over Protective Structures
valve shall be installed on all pneu- (ROPS) for Construction, Earthmoving,
matic-powered equipment if there is a Forestry, and Mining Machines,, 1986;
hazard of uncontrolled movement when or
the air supply is activated. The valve (2) SAE J1194, Roll-Over Protective
shall be closed except when the equip- Structures (ROPS) for Wheeled Agri-
ment is being operated. cultural Tractors, 1983.
56.14115 Stationary grinding ma- (c) ROPS labelling. ROPS shall have a
chines. label permanently affixed to the struc-
ture identifying
Stationary grinding machines, other (1) The manufacturers name and ad-
than special bit grinders, shall be dress;
equipped with
(2) The ROPS model number; and
(a) Peripheral hoods capable of with-
(3) The make and model number of
standing the force of a bursting wheel
the equipment for which the ROPS is
and enclosing not less than 270 of the
designed.
periphery of the wheel;
(d) ROPS installation. ROPS shall be
(b) Adjustable tool rests set so that
installed on the equipment in accord-
the distance between the grinding sur-
ance with the recommendations of the
face of the wheel and the tool rest in
ROPS manufacturer.
not greater than 18 inch; and
(c) A safety washer on each side of (e) ROPS maintenance. (1) ROPS shall
the wheel. be maintained in a condition that
meets the performance requirements
[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. applicable to the equipment. If the
4, 1988] ROPS is subjected to roll-over an ab-
normal structural loading, the equip-
56.14116 Hand-held power tools. ment manufacturer or a registered pro-
(a) Power drills, disc sanders, grind- fessional engineer with knowledge and
ers and circular and chain saws, when experience in ROPS design shall recer-
used in the hand-held mode shall be op- tify that the ROPS meets the applica-
erated with controls which require con- ble performance requirements before it
stant hand or finger pressure. is returned to service.
(b) Circular saws and chain saws (2) Alterations or repairs on ROPS
shall not be equipped with devices shall be performed only with approval
which lock-on the operating controls. from the ROPS manufacturer or under
the instructions of a registered profes-
56.14130 Roll-over protective struc- sional engineer with knowledge and ex-
tures (ROPS) and seat belts. perience in ROPS design. The manufac-
rmajette on DSK2TPTVN1PROD with CFR
(a) Equipment included. Roll-over pro- turer or engineer shall certify that the
tective structures (ROPS) and seat ROPS meets the applicable perform-
belts shall be installed on ance requirements.
325
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56.14131 30 CFR Ch. I (7114 Edition)
(f) Exemptions. (1) This standard does Engineers, 400 Commonwealth Drive,
not apply to Warrendale, Pennsylvania 150960001.
(i) Self-propelled mobile equipment [53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov.
manufactured prior to July 1, 1969; 4, 1988, as amended at 60 FR 33723, June 29,
(ii) Over-the-road type tractors that 1995; 67 FR 38385, June 4, 2002; 68 FR 19347,
pull trailers or vans on highways; Apr. 21, 2003]
(iii) Equipment that is only operated
by remote control; and 56.14131 Seat belts for haulage
trucks.
(2) Self-propelled mobile equipment
manufactured prior to October 24, 1988, (a) Seat belts shall be provided and
that is equipped with ROPS and seat worn in haulage trucks.
belts that meet the installation and (b) Seat belts shall be maintained in
performance requirements of 30 CFR functional condition, and replaced
56.9088 (1986 edition) shall be considered when necessary to assure proper per-
in compliance with paragraphs (b) and formance.
(h) of this section. (c) Seat belts required under this sec-
(g) Wearing seat belts. Seat belts shall tion shall meet the requirements of
be worn by the equipment operator ex- SAE J386, Operator Restraint System
cept that when operating graders from for Off-Road Work Machines (1985,
a standing position, the grader oper- 1993, or 1997), which are incorporated by
ator shall wear safety lines and a har- reference.
ness in place of a seat belt. (d) The incorporation by reference of
(h) Seat belts construction. Seat belts these publications is approved by the
required under this section shall meet Director of the Federal Register in ac-
the requirement of SAE J386, Oper- cordance with 5 U.S.C. 552(a) and 1 CFR
ator Restraint System for Off-Road part 51. Copies of these publications
may be examined at any Metal and
Work Machines (1985, 1993, or 1997), or
Nonmetal Mine Safety and Health Dis-
SAE J1194, Roll-Over Protective
trict Office; at MSHAs Office of Stand-
Structures (ROPS) for Wheeled Agri-
ards, Regulations, and Variances, 1100
cultural Tractors (1983, 1989, 1994, or Wilson Boulevard, Room 2349, Arling-
1999), as applicable, which are incor- ton, Virginia 222093939; or at the Na-
porated by reference. tional Archives and Records Adminis-
(i) Seat belt maintenance. Seat belts tration (NARA). For information on
shall be maintained in functional con- the availability of this material at
dition, and replaced when necessary to NARA, call 2027416030, or go to: http://
assure proper performance. www.archives.gov/federallregister/
(j) Publications. The incorporation by codeloflfederallregulations/
reference of these publications is ap- ibrllocations.html. Copies may be pur-
proved by the Director of the Federal chased from the Society of Automotive
Register in accordance with 5 U.S.C. Engineers, 400 Commonwealth Drive,
552(a) and 1 CFR part 51. Copies of Warrendale, Pennsylvania 150960001.
these publications may be examined at
[50 FR 4054, Jan. 29, 1985, as amended at 67
any Metal and Nonmetal Mine Safety FR 38385, June 4, 2002; 68 FR 19347, Apr. 21,
and Health District Office; at MSHAs 2003]
Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard, 56.14132 Horns and backup alarms.
Room 2349, Arlington, Virginia 22209 (a) Manually-operated horns or other
3939; or at the National Archives and audible warning devices provided on
Records Administration (NARA). For self-propelled mobile equipment as a
information on the availability of this safety feature shall be maintained in
material at NARA, call 2027416030, or functional condition.
go to: http://www.archives.gov/ (b)(1) When the operator has an ob-
federallregister/ structed view to the rear, self-propelled
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Mine Safety and Health Admin., Labor 56.14208
327
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56.14209 30 CFR Ch. I (7114 Edition)
ponent of mobile equipment is consid- only at the minimum tram speed of the
ered to be blocked or mechanically se- trolley.
cured if provided with a functional
328
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Mine Safety and Health Admin., Labor 56.15020
56.14217 Securing parked railcars. where falling objects may create a haz-
ard.
Parked railcars shall be blocked se-
curely unless held effectively by 56.15003 Protective footwear.
brakes.
All persons shall wear suitable pro-
56.14218 Movement of equipment on tective footwear when in or around an
adjacent tracks. area of a mine or plant where a hazard
When a locomotive on one track is exists which could cause an injury to
used to move rail equipment on adja- the feet.
cent tracks, a chain, cable, or drawbar
shall be used which is capable of meet- 56.15004 Eye protection.
ing the loads to which it could be sub- All persons shall wear safety glasses,
jected. goggles, or face shields or other suit-
able protective devices when in or
56.14219 Brakeman signals. around an area of a mine or plant
When a train is under the direction of where a hazard exists which could
a brakeman and the train operator can- cause injury to unprotected eyes.
not clearly recognize the brakemans
signals, the train operator shall bring 56.15005 Safety belts and lines.
the train to a stop. Safety belts and lines shall be worn
when persons work where there is dan-
APPENDIX I TO SUBPART M OF PART 56
ger of falling; a second person shall
NATIONAL CONSENSUS STANDARDS
tend the lifeline when bins, tanks, or
Mine operators seeking further informa- other dangerous areas are entered.
tion regarding the construction and installa-
tion of falling object protective structures 56.15006 Protective equipment and
(FOPS) may consult the following national clothing for hazards and irritants.
consensus standards, as applicable.
Special protective equipment and
MSHA STANDARD 56.14106, FALLING OBJECT special protective clothing shall be
PROTECTION. provided, maintained in a sanitary and
reliable condition and used whenever
Equipment National consensus standard hazards of process or environment,
Front-end loaders Society of Automotive Engineers (SAE) chemical hazards, radiological hazards,
and bulldozers. minimum performance criteria for or mechanical irritants are encoun-
falling object protective structures tered in a manner capable of causing
(FOPS) SAE J231January, 1981.
Fork-lift trucks ........ American National Standards Institute injury or impairment.
(ANSI) safety standard for low lift
and high lift trucks, B 56.1, section 56.15007 Protective equipment or
7.271983; or, clothing for welding, cutting, or
American National Standards Institute working with molten metal.
(ANSI) standard, rough terrain fork
lift trucks, B56.61987. Protective clothing or equipment and
face shields, or goggles shall be worn
when welding, cutting, or working with
Subpart NPersonal Protection molten metal.
56.15001 First-aid materials. 56.15014 Eye protection when oper-
Adequate first-aid materials, includ- ating grinding wheels.
ing stretchers and blankets, shall be Face shields or goggles in good condi-
provided at places convenient to all tion shall be worn when operating a
working areas. Water or neutralizing grinding wheel.
agents shall be available where corro-
sive chemicals or other harmful sub- [53 FR 32526, Aug. 25, 1988]
stances are stored, handled, or used.
56.15020 Life jackets and belts.
56.15002 Hard hats.
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56.16001 30 CFR Ch. I (7114 Edition)
330
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Mine Safety and Health Admin., Labor 56.18013
56.16013 Working with molten metal. conditions which may adversely affect
safety or health. The operator shall
Suitable warning shall be given be-
promptly initiate appropriate action to
fore molten metal is poured and before
correct such conditions.
a container of molten metal is moved.
(b) A record that such examinations
56.16014 Operator-carrying overhead were conducted shall be kept by the op-
cranes. erator for a period of one year, and
Operator-carrying overhead cranes shall be made available for review by
shall be provided with the Secretary or his authorized rep-
(a) Bumpers at each end of each rail; resentative.
(b) Automatic switches to halt (c) In addition, conditions that may
uptravel of the blocks before they present an imminent danger which are
strike the hoist; noted by the person conducting the ex-
(c) Effective audible warning signals amination shall be brought to the im-
within easy reach of the operator; and mediate attention of the operator who
(d) A means to lock out the dis- shall withdraw all persons from the
connect switch. area affected (except persons referred
to in section 104(c) of the Federal Mine
56.16015 Work or travel on overhead Safety and Health Act of 1977) until the
crane bridges. danger is abated.
No person shall work from or travel 56.18006 New employees.
on the bridge of an overhead crane un-
less the bridge is provided with sub- New employees shall be indoctrinated
stantial footwalks with toeboards and in safety rules and safe work proce-
railings the length of the bridge. dures.
331
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56.18014 30 CFR Ch. I (7114 Edition)
Any hoist used to hoist persons shall Where grooved drums are used, the
be equipped with a brake or brakes grooves shall be of suitable size and
which shall be capable of holding its pitch for the ropes used.
332
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Mine Safety and Health Admin., Labor 56.19023
56.19013 Diesel- and other fuel-injec- the maximum suspended rope length in
tion-powered hoists. feet:
Where any diesel or similar fuel-in- (a) Winding drum ropes (all construc-
jection engine is used to power a hoist, tions, including rotation resistant).
the engine shall be equipped with a For rope lengths less than 3,000 feet:
damper or other cutoff in its air intake Minimum Value=Static
system. The control handle shall be Load(7.00.001L)
clearly labeled to indicate that its in- For rope lengths 3,000 feet or greater:
tended function is for emergency stop- Minimum Value=Static Load4.0
ping only. (b) Friction drum ropes.
56.19014 Friction hoist overtravel For rope lengths less than 4,000 feet:
protection. Minimum Value=Static
Load(7.00.0005L)
In a friction hoist installation, ta-
For rope lengths 4,000 feet or greater:
pered guides or other approved devices Minimum Value=Static Load5.0
shall be installed above and below the
limits of regular travel of the convey- (c) Tail ropes (balance ropes).
ance and arranged to prevent over- Minimum Value = Weight of Rope7.0
travel in the event of failure of other
devices. 56.19022 Initial measurement.
56.19017 Emergency braking for elec- After initial rope stretch but before
tric hoists. visible wear occurs, the rope diameter
of newly installed wire ropes shall be
Each electric hoist shall be equipped measured at least once in every third
with a manually-operable switch that interval of active length and the meas-
will initiate emergency braking action urements averaged to establish a base-
to bring the conveyance and the coun- line for subsequent measurements. A
terbalance safely to rest. This switch record of the measurements and the
shall be located within reach of the date shall be made by the person tak-
hoistman in case the manual controls ing the measurements. This record
of the hoist fail. shall be retained until the rope is re-
56.19018 Overtravel by-pass switches. tired from service.
When an overtravel by-pass switch is [50 FR 4054, Jan. 29, 1985, as amended at 60
installed, the switch shall function so FR 33723, June 29, 1995]
as to allow the conveyance to be moved 56.19023 Examinations.
through the overtravel position when
the switch is held in the closed position (a) At least once every fourteen cal-
by the hoistman. The overtravel by- endar days, each wire rope in service
pass switch shall return automatically shall be visually examined along its en-
to the open position when released by tire active length for visible structural
the hoistman. damage, corrosion, and improper lubri-
cation or dressing. In addition, visual
[50 FR 4054, Jan. 29, 1985; 50 FR 20100, May 14, examination for wear and broken wires
1985]
shall be made at stress points, includ-
WIRE ROPES ing the area near attachments, where
the rope rests on sheaves, where the
AUTHORITY: Sec. 101, Federal Mine Safety rope leaves the drum, at drum cross-
and Health Act of 1977, Pub. L. 91173 as overs, and at change-of-layer regions.
amended by Pub. L. 95164, 91 Stat. 1291 (30 When any visible condition that results
U.S.C. 811). in a reduction of rope strength is
present, the affected portion of the
56.19021 Minimum rope strength. rope shall be examined on a daily basis.
At installation, the nominal strength (b) Before any person is hoisted with
(manufacturers published catalog a newly installed wire rope or any wire
strength) of wire ropes used for hoist- rope that has not been examined in the
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ing shall meet the minimum rope previous fourteen calendar days, the
strength values obtained by the fol- wire rope shall be examined in accord-
lowing formulas in which L equals ance with paragraph (a) of this section.
333
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56.19024 30 CFR Ch. I (7114 Edition)
(c) At least once every six months, (h) Loss of more than ten percent of
nondestructive tests shall be conducted rope strength as determined by non-
of the active length of the rope, or rope destructive testing.
diameter measurements shall be
made 56.19025 Load end attachments.
(1) Wherever wear is evident; (a) Wire rope shall be attached to the
(2) Where the hoist rope rests on load by a method that develops at least
sheaves at regular stopping points; 80 percent of the nominal strength of
(3) Where the hoist rope leaves the
the rope.
drum at regular stopping points; and
(4) At drum crossover and change-of- (b) Except for terminations where use
layer regions. of other materials is a design feature,
(d) At the completion of each exam- zinc (spelter) shall be used for
ination required by paragraph (a) of socketing wire ropes. Design feature
this section, the person making the ex- means either the manufacturers origi-
amination shall certify, by signature nal design or a design approved by a
and date, that the examination has registered professional engineer.
been made. If any condition listed in (c) Load end attachment methods
paragraph (a) of this section is present, using splices are prohibited.
the person conducting the examination
shall make a record of the condition 56.19026 Drum end attachment.
and the date. Certifications and records (a) For drum end attachment, wire
of examinations shall be retained for rope shall be attached
one year. (1) Securely by clips after making
(e) The person making the measure- one full turn around the drum spoke;
ments or nondestructive tests as re- (2) Securely by clips after making
quired by paragraph (c) of this section one full turn around the shaft, if the
shall record the measurements or test drum is fixed to the shaft; or
results and the date. This record shall (3) By properly assembled anchor
be retained until the rope is retired bolts, clamps, or wedges, provided that
from service. the attachment is a design feature of
[50 FR 4054, Jan. 29, 1985, as amended at 60 the hoist drum. Design feature means
FR 33723, June 29, 1995] either the manufacturers original de-
sign or a design approved by a reg-
56.19024 Retirement criteria. istered professional engineer.
Unless damage or deterioration is re- (b) A minimum of three full turns of
moved by cutoff, wire ropes shall be re- wire rope shall be on the drum when
moved from service when any of the the rope is extended to its maximum
following conditions occurs: working length.
(a) The number of broken wires with-
in a rope lay length, excluding filler 56.19027 End attachment retermi-
wires, exceeds either nation.
(1) Five percent of the total number Damaged or deteriorated wire rope
of wires; or shall be removed by cutoff and the rope
(2) Fifteen percent of the total num- reterminated where there is
ber of wires within any strand. (a) More than one broken wire at an
(b) On a regular lay rope, more than attachment;
one broken wire in the valley between
(b) Improper installation of an at-
strands in one rope lay length.
tachment;
(c) A loss of more than one-third of
the original diameter of the outer (c) Slippage at an attachment; or
wires. (d) Evidence of deterioration from
(d) Rope deterioriation from corro- corrosion at an attachment.
sion.
(e) Distortion of the rope structure. 56.19028 End attachment replace-
ment.
(f) Heat damage from any source.
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(g) Diameter reduction due to wear Wire rope attachments shall be re-
that exceeds six percent of the baseline placed when cracked, deformed, or ex-
diameter measurement. cessively worn.
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Mine Safety and Health Admin., Labor 56.19061
head when traveling in either direction sons should not be hoisted at a speed
between the lower and upper crosshead faster than 2,500 feet per minute, ex-
parking locations; cept in an emergency.
335
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56.19062 30 CFR Ch. I (7114 Edition)
buckets with muck, supplies, mate- given, hoisting to the crosshead shall
rials, or tools other than small hand be at a minimum speed. The signaling
tools. device shall be attended constantly
336
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Mine Safety and Health Admin., Labor 56.19102
until a bucket reaches the guides. of the conveyances only from author-
When persons are hoisted, the signaling ized persons.
devices shall be attended until the
crosshead has been engaged. 56.19092 Signaling from conveyances.
337
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56.19103 30 CFR Ch. I (7114 Edition)
56.19103 Dumping facilities and load- shall be provided. When persons are on
ing pockets. the shaft bottom, a chain ladder, wire
Dumping facilities and loading pock- rope ladder, or other extension ladders
ets shall be constructed so as to mini- shall be used from the fixed ladder or
mize spillage into the shaft. lower limit of the escape hoist to the
shaft bottom.
56.19104 Clearance at shaft stations.
INSPECTION AND MAINTENANCE
Suitable clearance at shaft stations
shall be provided to allow safe move- 56.19120 Procedures for inspection,
ment of persons, equipment, and mate- testing, and maintenance.
rials. A systematic procedure of inspection,
56.19105 Landings with more than testing, and maintenance of shafts and
one shaft entrance. hoisting equipment shall be developed
and followed. If it is found or suspected
A safe means of passage around open that any part is not functioning prop-
shaft compartments shall be provided erly, the hoist shall not be used until
on landings with more than one en- the malfunction has been located and
trance to the shaft. repaired or adjustments have been
56.19106 Shaft sets. made.
Shaft sets shall be kept in good re- 56.19121 Recordkeeping.
pair and clean of hazardous material. At the time of completion, the person
56.19107 Precautions for work in performing inspections, tests, and
compartment affected by hoisting maintenance of hoisting equipment re-
operation. quired in standard 56.19120 shall cer-
tify, by signature and date, that they
Hoistmen shall be informed when
have been done. A record of any part
persons are working in a compartment
that is not functioning properly shall
affected by that hoisting operation and
be made and dated. Certifications and
a Men Working in Shaft sign shall be
records shall be retained for one year.
posted at the hoist.
(Sec. 101, Pub. L. 91173 as amended by Pub.
56.19108 Posting warning signs dur- L. 95164, 91 Stat. 1291 (30 U.S.C. 811))
ing shaft work.
[50 FR 4054, Jan. 29, 1985, as amended at 60
When persons are working in a shaft FR 33723, June 29, 1995]
Men Working in Shaft signs shall be
posted at all devices controlling hoist- 56.19122 Replacement parts.
ing operations that may endanger such Parts used to repair hoists shall have
persons. properties that will ensure the proper
and safe function of the hoist.
56.19109 Shaft inspection and repair.
Shaft inspection and repair work in 56.19129 Examinations and tests at
vertical shafts shall be performed from beginning of shift.
substantial platforms equipped with Hoistmen shall examine their hoists
bonnets or equivalent overhead protec- and shall test overtravel, deadman con-
tion. trols, position indicators, and braking
mechanisms at the beginning of each
56.19110 Overhead protection for shift.
shaft deepening work.
A substantial bulkhead or equivalent 56.19130 Conveyance shaft test.
protection shall be provided above per- Before hoisting persons and to assure
sons at work deepening a shaft. that the hoisting compartments are
clear of obstructions, empty hoist con-
56.19111 Shaft-sinking ladders. veyances shall be operated at least one
Substantial fixed ladders shall be round trip after:
provided from the collar to as near the (a) Any hoist or shaft repairs or re-
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shaft bottom as practical during shaft- lated equipment repairs that might re-
sinking operations, or an escape hoist strict or obstruct conveyance clear-
powered by an emergency power source ance;
338
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Mine Safety and Health Admin., Labor 56.20008
aligned, and kept in good repair. at locations that are compatible with
the mine operations and that are read-
ily accessible to mine personnel.
339
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56.20009 30 CFR Ch. I (7114 Edition)
PROCEDURES
pensing areas, pump rooms, compressor
57.1000 Notification of commencement of rooms, and hoist rooms.
operations and closing of mines. 57.4263 Underground belt conveyors.
340
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Mine Safety and Health Admin., Labor Pt. 57
FIREFIGHTING PROCEDURES/ALARMS/DRILLS 57.5002 Exposure monitoring.
57.5005 Control of exposure to airborne con-
57.4330 Surface firefighting, evacuation, and
taminants.
rescue procedures.
57.5006 Restricted use of chemicals.
57.4331 Surface firefighting drills.
57.4360 Underground alarm systems. AIR QUALITYSURFACE ONLY [RESERVED]
57.4361 Underground evacuation drills.
57.4362 Underground rescue and firefighting AIR QUALITYUNDERGROUND ONLY
operations.
57.5015 Oxygen deficiency.
57.4363 Underground evacuation instruction.
RADIATIONUNDERGROUND ONLY
FLAMMABLE AND COMBUSTIBLE LIQUIDS AND
GASES 57.5037 Radon daughter exposure moni-
toring.
57.4400 Use restrictions.
57.5038 Annual exposure limits.
57.4401 Storage tank foundations.
57.5039 Maximum permissible concentra-
57.4402 Safety can use.
tion.
57.4430 Surface storage facilities.
57.5040 Exposure records.
57.4431 Surface storage restrictions.
57.5041 Smoking prohibition.
57.4460 Storage of flammable liquids under-
57.5042 Revised exposure levels.
ground.
57.5044 Respirators.
57.4461 Gasoline use restrictions under-
57.5045 Posting of inactive workings.
ground.
57.5046 Protection against radon gas.
57.4462 Storage of combustible liquids un-
57.5047 Gamma radiation surveys.
derground.
57.4463 Liquefied petroleum gas use under- DIESEL PARTICULATE MATTERUNDERGROUND
ground. ONLY
INSTALLATION/CONSTRUCTION/MAINTENANCE 57.5060 Limit on exposure to diesel particu-
late matter.
57.4500 Heat sources.
57.5061 Compliance determinations.
57.4501 Fuel lines.
57.5065 Fueling practices.
57.4502 Battery-charging stations.
57.5066 Maintenance standards.
57.4503 Conveyor belt slippage. 57.5067 Engines.
57.4504 Fan installations. 57.5070 Miner training.
57.4505 Fuel lines to underground areas. 57.5071 Exposure monitoring.
57.4530 Exits for surface buildings and struc- 57.5075 Diesel particulate records.
tures.
57.4531 Surface flammable or combustible Subpart EExplosives
liquid storage buildings or rooms.
57.4532 Blacksmith shops. 57.6000 Definitions.
57.4533 Mine opening vicinity.
57.4560 Mine entrances. STORAGESURFACE AND UNDERGROUND
57.4561 Stationary diesel equipment under- 57.6100 Separation of stored explosive mate-
ground. rial.
WELDING/CUTTING/COMPRESSED GASES 57.6101 Areas around explosive material
storage facilities.
57.4600 Extinguishing equipment. 57.6102 Explosive material storage prac-
57.4601 Oxygen cylinder storage. tices.
57.4602 Gauges and regulators.
57.4603 Closure of valves. STORAGESURFACE ONLY
57.4604 Preparation of pipelines or con- 57.6130 Explosive material storage facilities.
tainers. 57.6131 Location of explosive material stor-
57.4660 Work in shafts, raises, or winzes and age facilities.
other activities involving hazard areas. 57.6132 Magazine requirements.
VENTILATION CONTROL MEASURES 57.6133 Powder chests.
341
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Pt. 57 30 CFR Ch. I (7114 Edition)
57.6203 Locomotives. 57.6902 Excessive temperatures.
57.6204 Hoists. 57.6903 Burning explosive material.
57.6205 Conveying explosives by hand. 57.6904 Smoking and open flames.
57.6905 Protection of explosive material.
USESURFACE AND UNDERGOUND
GENERAL REQUIREMENTSUNDERGROUND
57.6300 Control of blasting operations.
ONLY
57.6301 Blasthole obstruction check.
57.6302 Separation of explosive material. 57.6960 Mixing of explosive material.
57.6303 Initiation preparation.
57.6304 Primer protection. Subpart FDrilling and Rotary Jet Piercing
57.6305 Unused explosive material.
57.6306 Loading, blasting, and security. DRILLINGSURFACE ONLY
57.6307 Drill stem loading. 57.7002 Equipment defects.
57.6308 Initiation systems. 57.7003 Drill area inspection.
57.6309 Fuel oil requirements for ANFO. 57.7004 Drill mast.
57.6310 Misfire waiting period. 57.7005 Augers and drill stems.
57.6311 Handling of misfires. 57.7008 Moving the drill.
57.6312 Secondary blasting. 57.7009 Drill helpers.
57.7010 Power failures.
ELECTRIC BLASTINGSURFACE AND
57.7011 Straightening crossed cables.
UNDERGROUND
57.7012 Tending drills in operation.
57.6400 Compatibility of electric detonators. 57.7013 Covering or guarding drill holes.
57.6401 Shunting. 57.7018 Hand clearance.
57.6402 Deenergized circuits near deto-
nators. DRILLINGUNDERGROUND ONLY
57.6403 Branch circuits. 57.7028 Hand clearance.
57.6404 Separation of blasting circuits from 57.7032 Anchoring.
power source.
57.6405 Firing devices. DRILLINGSURFACE AND UNDERGROUND
57.6406 Duration of current flow.
57.7050 Tool and drill steel racks.
57.6407 Circuit testing.
57.7051 Loose objects on the mast or drill
NONELECTRIC BLASTINGSURFACE AND platform.
UNDERGROUND 57.7052 Drilling positions.
57.7053 Moving hand-held drills.
57.6500 Damaged initiating material. 57.7054 Starting or moving drill equipment.
57.6501 Nonelectric initiation systems. 57.7055 Intersecting holes.
57.6502 Safety fuse. 57.7056 Collaring in bootlegs.
EXTRANEOUS ELECTRICITYSURFACE AND ROTARY JET PIERCINGSURFACE ONLY
UNDERGROUND
57.7801 Jet drills.
57.6600 Loading practices. 57.7802 Oxygen hose lines.
57.6601 Grounding. 57.7803 Lighting the burner.
57.6602 Static electricity dissipation during 57.7804 Refueling.
loading. 57.7805 Smoking and open flames.
57.6603 Air gap. 57.7806 Oxygen intake coupling.
57.6604 Precautions during storms. 57.7807 Flushing the combustion chamber.
57.6605 Isolation of blasting circuits.
Subpart GVentilation
EQUIPMENT/TOOLSSURFACE AND
UNDERGROUND SURFACE AND UNDERGROUND
57.6700 Nonsparking tools. 57.8518 Main and booster fans.
57.6701 Tamping and loading pole require- 57.8519 Underground main fan controls.
ments.
UNDERGROUND ONLY
MAINTENANCESURFACE AND UNDERGROUND
57.8520 Ventilation plan.
57.6800 Storage facilities. 57.8525 Main fan maintenance.
57.6801 Vehicle repair. 57.8527 Oxygen-deficiency testing.
57.6802 Bulk delivery vehicles. 57.8528 Unventilated areas.
57.6803 Blasting lines. 57.8529 Auxiliary fan systems.
57.8531 Construction and maintenance of
GENERAL REQUIREMENTSSURFACE AND
ventilation doors.
UNDERGROUND
57.8532 Opening and closing ventilation
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Mine Safety and Health Admin., Labor Pt. 57
57.8535 Seals. 57.10005 Track cable connections.
57.10006 Tower guards.
Subpart HLoading, Hauling, and 57.10007 Falling object protection.
Dumping 57.10008 Riding tramways.
57.10009 Riding loaded buckets.
TRAFFIC SAFETY 57.10010 Starting precautions.
57.9100 Traffic control.
57.9101 Operating speeds and control of Subpart JTravelways and Escapeways
equipment.
TRAVELWAYSSURFACE AND UNDERGROUND
57.9102 Movement of independently oper-
ating rail equipment. 57.11001 Safe access.
57.9103 Clearance on adjacent tracks. 57.11002 Handrails and toeboards.
57.9104 Railroad crossings. 57.11003 Construction and maintenance of
57.9160 Train movement during shift ladders.
changes. 57.11004 Portable rigid ladders.
57.11005 Fixed ladder anchorage and toe
TRANSPORTATION OF PERSONS AND MATERIALS clearance.
57.9200 Transporting persons. 57.11006 Fixed ladder landings.
57.9201 Loading, hauling, and unloading of 57.11007 Wooden components of ladders.
equipment or supplies. 57.11008 Restricted clearance.
57.9202 Loading and hauling large rocks. 57.11009 Walkways along conveyors.
57.9260 Supplies, materials, and tools on 57.11010 Stairstep clearance.
mantrips. 57.11011 Use of ladders.
57.9261 Transporting tools and materials on 57.11012 Protection for openings around
locomotives. travelways.
57.11013 Conveyor crossovers.
SAFETY DEVICES, PROVISIONS, AND PROCE- 57.11014 Crossing moving conveyors.
DURES FOR ROADWAYS, RAILROADS, AND 57.11016 Snow and ice on walkways and
LOADING AND DUMPING SITES travelways.
57.9300 Berms or guardrails. 57.11017 Inclined fixed ladders.
57.9301 Dump site restraints.
TRAVELWAYSSURFACE ONLY
57.9302 Protection against moving or run-
away railroad equipment. 57.11025 Railed landings, backguards, and
57.9303 Construction of ramps and dumping other protection for fixed ladders.
facilities. 57.11026 Protection for inclined fixed lad-
57.9304 Unstable ground. ders.
57.9305 Truck spotters. 57.11027 Scaffolds and working platforms.
57.9306 Warning devices for restricted clear-
ances. TRAVELWAYSUNDERGROUND ONLY
57.9307 Design, installation, and mainte- 57.11036 Ladderway trap doors and guards.
nance of railroads. 57.11037 Ladderway openings.
57.9308 Switch throws. 57.11038 Entering a manway.
57.9309 Chute design. 57.11040 Inclined travelways.
57.9310 Chute hazards. 57.11041 Landings for inclined ladderways.
57.9311 Anchoring stationary sizing devices.
57.9312 Working around drawholes. ESCAPEWAYSUNDERGROUND ONLY
57.9313 Roadway maintenance.
57.11050 Escapeways and refuges.
57.9314 Trimming stockpile and muckpile
57.11051 Escape routes.
faces.
57.11052 Refuge areas.
57.9315 Dust control.
57.11053 Escape and evacuation plans.
57.9316 Notifying the equipment operator.
57.11054 Communication with refuge cham-
57.9317 Suspended loads.
bers.
57.9318 Getting on or off moving equipment.
57.11055 Inclined escapeways.
57.9319 Going over, under, or between rail-
57.11056 Emergency hoists.
cars.
57.11058 Check-in, check-out system.
57.9330 Clearance for surface equipment.
57.11059 Respirable atmosphere for hoist op-
57.9360 Shelter holes.
erators underground.
57.9361 Drawholes.
57.9362 Protection of signalmen.
Subpart KElectricity
Subpart IAerial Tramways SURFACE AND UNDERGROUND
57.10001 Filling buckets. 57.12001 Circuit overload protection.
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Pt. 57 30 CFR Ch. I (7114 Edition)
57.12005 Protection of power conductors 57.12081 Bonding metal pipelines to ground
from mobile equipment. return circuits.
57.12006 Distribution boxes. 57.12082 Isolation of powerlines.
57.12007 Junction box connection proce- 57.12083 Support of power cables in shafts
dures. and boreholes.
57.12008 Insulation and fittings for power 57.12084 Branch circuit disconnecting de-
wires and cables. vices.
57.12010 Isolation or insulation of commu- 57.12085 Transformer stations.
nication conductors. 57.12086 Location of trolley wire.
57.12011 High-potential electrical conduc- 57.12088 Splicing trailing cables.
tors.
57.12012 Bare signal wires. Subpart LCompressed Air and Boilers
57.12013 Splices and repairs of power cables.
57.12014 Handling energized power cables. 57.13001 General requirements for boilers
57.12016 Work on electrically-powered and pressure vessels.
equipment. 57.13010 Reciprocating-type air compressors.
57.12017 Work on power circuits. 57.13011 Air receiver tanks.
57.12018 Identification of power switches. 57.13012 Compressor air intakes.
57.12019 Access to stationary electrical 57.13015 Inspection of compressed-air receiv-
equipment or switchgear. ers and other unfired pressure vessels.
57.12020 Protection of persons at 57.13017 Compressor discharge pipes.
switchgear. 57.13019 Pressure system repairs.
57.12021 Danger signs. 57.13020 Use of compressed air.
57.12022 Authorized persons at major elec- 57.13021 High-pressure hose connections.
trical installations. 57.13030 Boilers.
57.12023 Guarding electrical connections and
resistor grids. Subpart MMachinery and Equipment
57.12025 Grounding circuit enclosures.
57.12026 Grounding transformer and 57.14000 Definitions.
switchgear enclosures.
SAFETY DEVICES AND MAINTENANCE
57.12027 Grounding mobile equipment.
REQUIREMENTS
57.12028 Testing grounding systems.
57.12030 Correction of dangerous conditions. 57.14100 Safety defects; examination, cor-
57.12032 Inspection and cover plates. rection and records.
57.12033 Hand-held electric tools. 57.14101 Brakes.
57.12034 Guarding around lights. 57.14102 Brakes for rail equipment.
57.12035 Weatherproof lamp sockets. 57.14103 Operators stations.
57.12036 Fuse removal or replacement. 57.14104 Tire repairs.
57.12037 Fuses in high-potential circuits. 57.14105 Procedures during repairs or main-
57.12038 Attachment of trailing cables. tenance.
57.12039 Protection of surplus trailing ca- 57.14106 Falling object protection.
bles. 57.14107 Moving machine parts.
57.12040 Installation of operating controls. 57.14108 Overhead drive belts.
57.12041 Design of switches and starting 57.14109 Unguarded conveyors with adjacent
boxes. travelways.
57.12042 Track bonding. 57.14110 Flying or falling materials.
57.12045 Overhead powerlines. 57.14111 Slusher, backlash guards and secur-
57.12047 Guy wires. ing.
57.12048 Communication conductors on 57.14112 Construction and maintenance of
power poles. guards.
57.12050 Installation of trolley wires. 57.14113 Inclined conveyors: backstops or
57.12053 Circuits powered from trolley wires. brakes.
SURFACE ONLY 57.14114 Air valves for pneumatic equip-
ment.
57.12065 Short circuit and lightning protec- 57.14115 Stationary grinding machines.
tion. 57.14116 Hand-held power tools.
57.12066 Guarding trolley wires and bare 57.14130 Roll-over protective structures
powerlines. (ROPS) and seat belts for surface equip-
57.12067 Installation of transformers. ment.
57.12068 Locking transformer enclosures. 57.14131 Seat belts for surface haulage
57.12069 Lightning protection for telephone trucks.
wires and ungrounded conductors. 57.14132 Horns and back-up alarms for sur-
57.12071 Movement or operation of equip- face equipment.
ment near high-voltage powerlines. 57.14160 Mantrip trolley wire hazards under-
rmajette on DSK2TPTVN1PROD with CFR
ground.
UNDERGROUND ONLY
57.14161 Makeshift couplings.
57.12080 Bare conductor guards. 57.14162 Trip lights.
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Mine Safety and Health Admin., Labor Pt. 57
SAFETY PRACTICES AND OPERATIONAL 57.16006 Protection of gas cylinder valves.
PROCEDURES 57.16007 Taglines, hitches, and slings.
57.16009 Suspended loads.
57.14200 Warnings prior to starting or mov-
57.16010 Dropping materials from overhead.
ing equipment.
57.16011 Riding hoisted loads or on the hoist
57.14201 Conveyor start-up warnings.
hook.
57.14202 Manual cleaning of conveyor pul-
57.16012 Storage of incompatible substances.
leys. 57.16013 Working with molten metal.
57.14203 Application of belt dressing. 57.16014 Operator-carrying overhead cranes.
57.14204 Machinery lubrication. 57.16015 Work or travel on overhead crane
57.14205 Machinery, equipment, and tools. bridges.
57.14206 Securing movable parts. 57.16016 Lift trucks.
57.14207 Parking procedures for unattended 57.16017 Hoisting heavy equipment or mate-
equipment. rial.
57.14208 Warning devices.
57.14209 Safety procedures for towing. Subpart PIllumination
57.14210 Movement of dippers, buckets, load-
ing booms, or suspended loads. 57.17001 Illumination of surface working
57.14211 Blocking equipment in a raised po- areas.
sition. 57.17010 Electric lamps.
57.14212 Chains, ropes, and drive belts.
57.14213 Ventilation and shielding for weld- Subpart QSafety Programs
ing.
57.14214 Train warnings. SURFACE AND UNDERGROUND
57.14215 Coupling or uncoupling cars. 57.18002 Examination of working places.
57.14216 Backpoling. 57.18006 New employees.
57.14217 Securing parked railcars. 57.18009 Designation of person in charge.
57.14218 Movement of equipment on adja- 57.18010 First aid.
cent tracks. 57.18012 Emergency telephone numbers.
57.14219 Brakeman signals. 57.18013 Emergency communications sys-
APPENDIX I TO SUBPART MNATIONAL CON- tem.
SENSUS STANDARDS 57.18014 Emergency medical assistance and
transportation.
Subpart NPersonal Protection
SURFACE ONLY
SURFACE AND UNDERGROUND
57.18020 Working alone.
57.15001 First aid materials.
57.15002 Hard hats. UNDERGROUND ONLY
57.15003 Protective footwear. 57.18025 Working alone.
57.15004 Eye protection. 57.18028 Mine emergency and self-rescuer
57.15005 Safety belts and lines. training
57.15006 Protective equipment and clothing
for hazards and irritants. Subpart RPersonnel Hoisting
57.15007 Protective equipment or clothing
for welding, cutting, or working with 57.19000 Application.
molten metal.
57.15014 Eye protection when operating HOISTS
grinding wheels. 57.19001 Rated capacities.
SURFACE ONLY 57.19002 Anchoring.
57.19003 Driving mechanism connections.
57.15020 Life jackets and belts. 57.19004 Brakes.
57.19005 Locking mechanism for clutch.
UNDERGROUND ONLY 57.19006 Automatic hoist braking devices.
57.15030 Provision and maintenance of self- 57.19007 Overtravel and overspeed devices.
rescue devices. 57.19008 Friction hoist synchronizing mech-
57.15031 Location of self-rescue devices. anisms.
57.19009 Position indicator.
Subpart OMaterials Storgage and 57.19010 Location of hoist controls.
Handling 57.19011 Drum flanges.
57.19012 Grooved drums.
57.16001 Stacking and storage of materials. 57.19013 Diesel-and other fuel-injection-pow-
57.16002 Bins, hoppers, silos, tanks, and ered hoists.
surge piles. 57.19014 Friction hoist overtravel protec-
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Pt. 57 30 CFR Ch. I (7114 Edition)
57.19018 Overtravel by-pass switches. 57.19091 Signaling instructions to hoist op-
erator.
WIRE ROPES 57.19092 Signaling from conveyances.
57.19019 Guide ropes. 57.19093 Standard signal code.
57.19021 Minimum rope strength. 57.19094 Posting signal code.
57.19022 Initial measurement. 57.19095 Location of signal devices.
57.19096 Familiarity with signal code.
57.19023 Examinations.
57.19024 Retirement criteria. SHAFTS
57.19025 Load end attachments.
57.19026 Drum end attachment. 57.19100 Shaft landing gates.
57.19027 End attachment retermination. 57.19101 Stopblocks and derail switches.
57.19028 End attachment replacement. 57.19102 Shaft guides.
57.19030 Safety device attachments. 57.19103 Dumping facilities and loading
pockets.
HEADFRAMES AND SHEAVES 57.19104 Clearance at shaft stations.
57.19105 Landings with more than one shaft
57.19035 Headframe design. entrance.
57.19036 Headframe height. 57.19106 Shaft sets.
57.19037 Fleet angles. 57.19107 Precautions for work in compart-
57.19038 Platforms around elevated head ment affected by hoisting operation.
sheaves. 57.19108 Posting warning signs during shaft
work.
CONVEYANCES 57.19109 Shaft inspection and repair.
57.19045 Metal bonnets. 57.19110 Overhead protection for shaft deep-
57.19049 Hoisting persons in buckets. ening work.
57.19050 Bucket requirements. 57.19111 Shaft-sinking ladders.
57.19054 Rope guides.
INSPECTION AND MAINTENANCE
HOISTING PROCEDURES 57.19120 Procedures for inspection, testing,
57.19055 Availability of hoist operator for and maintenance.
manual hoists. 57.19121 Recordkeeping.
57.19056 Availability of hoist operator for 57.19122 Replacement parts.
automatic hoists. 57.19129 Examinations and tests at begin-
57.19057 Hoist operators physical fitness. ning of shift.
57.19058 Experienced hoist operators. 57.19130 Conveyance shaft test.
57.19061 Maximum hoisting speeds. 57.19131 Hoist conveyance connections.
57.19062 Maximum acceleration and decel- 57.19132 Safety catches.
eration. 57.19133 Shaft.
57.19063 Persons allowed in hoist room. 57.19134 Sheaves.
57.19065 Lowering conveyances by the 57.19135 Rollers in inclined shafts.
brakes.
57.19066 Maximum riders in a conveyance.
Subpart SMiscellaneous
57.19067 Trips during shift changes. 57.20001 Intoxicating beverages and nar-
57.19068 Orderly conduct in conveyances. cotics.
57.19069 Entering and leaving conveyances. 57.20002 Potable water.
57.19070 Closing cage doors or gates. 57.20003 Housekeeping.
57.19071 Riding in skips or buckets. 57.20005 Carbon tetrachloride.
57.19072 Skips and cages in same compart- 57.20008 Toilet facilities.
ment. 57.20009 Tests for explosive dusts.
57.19073 Hoisting during shift changes. 57.20010 Retaining dams.
57.19074 Riding the bail, rim, bonnet, or 57.20011 Barricades and warning signs.
crosshead. 57.20013 Waste receptacles.
57.19075 Use of open hooks. 57.20014 Prohibited areas for food and bev-
57.19076 Maximum speeds for hoisting per- erages.
sons in buckets. 57.20020 Unattended mine openings.
57.19077 Lowering buckets. 57.20021 Abandoned mine openings.
57.19078 Hoisting buckets from the shaft 57.20031 Blasting underground in hazardous
bottom. areas.
57.19079 Blocking mine cars. 57.20032 Two-way communication equip-
57.19080 Hoisting tools, timbers, and other ment for underground operations.
materials.
57.19081 Conveyances not in use. Subpart TSafety Standards for Methane
57.19083 Overtravel backout device. in Metal and Nonmetal Mines
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SIGNALING GENERAL
57.19090 Dual signaling systems. 57.22001 Scope.
346
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Mine Safety and Health Admin., Labor Pt. 57
57.22002 Definitions. 57.22227 Approved testing devices (I-A, I-B,
I-C, II-A, II-B, III, IV, V-A, and V-B
MINE CATEGORIZATION mines).
57.22003 Mine category or subcategory. 57.22228 Preshift examination (I-A, I-C, II-A,
57.22004 Category placement or change in III, and V-A mines).
placement. 57.22229 Weekly testing (I-A, III, and V-A
57.22005 Notice and appeal of placement or mines).
change in placement. 57.22230 Weekly testing (II-A mines.
57.22231 Actions at 0.25 percent methane (I-
FIRE PREVENTION AND CONTROL B, II-B, V-B and VI mines).
57.22101 Smoking (I-A, II-A, III, and V-A 57.22232 Actions at 0.5 percent methane (I-B,
mines). II-A, II-B, IV, V-B, and VI mines).
57.22102 Smoking (I-C mines). 57.22233 Actions at 0.5 percent methane (I-C
57.22103 Open flames (I-A, II-A, III, and V-A mines).
mines). 57.22234 Actions at 1.0 percent methane (I-A,
57.22104 Open flames (I-C mines). I-B, III, V-A, and V-B mines).
57.22105 Smoking and open flames (IV 57.22235 Actions at 1.0 percent methane (I-C,
mines). II-A, II-B, and IV mines).
57.22106 Dust containing volatile matter (I- 57.22236 Actions at 1.0 percent methane (VI
C mines). mines).
57.22237 Actions at 2.0 to 2.5 percent meth-
VENTILATION ane in bleeder systems (I-A and III
mines).
57.22201 Mechanical ventilation (I-A, I-B, I-
57.22238 Actions at 2.0 percent methane (I-B,
C, II-A, II-B, III, IV, V-A, and V-B mines).
57.22202 Main fans (I-A, I-B, I-C, II-A, III, V- II-B, V-B, and VI mines).
A, and V-B mines). 57.22239 Actions at 2.0 percent methane (IV
57.22203 Main fan operation (I-C mines). mines).
57.22204 Main fan operation and inspection 57.22240 Actions at 2.0 percent methane (V-A
(I-A, II-A, III, and V-A mines). mines).
57.22205 Doors on main fans (I-A, II-A, III, 57.22241 Advance face boreholes (I-C mines).
and V-A mines). EQUIPMENT
57.22206 Main ventilation failure (I-A, II-A,
III, and V-A mines). 57.22301 Atmospheric monitoring systems
57.22207 Booster fans (I-A, II-A, III, and V-A (I-A, II-A, and V-A mines).
mines). 57.22302 Approved equipment (I-A and V-A
57.22208 Auxiliary fans (I-A, II-A, III, and V- mines).
A mines). 57.22303 Approved equipment (I-C mines).
57.22209 Auxiliary fans (I-C mines). 57.22304 Approved equipment (II-A mines).
57.22210 In-line filters (I-C mines). 57.22305 Approved equipment (III mines).
57.22211 Air flow (I-A mines). 57.22306 Methane monitors (I-A mines).
57.22212 Air flow (I-C, II-A, and V-A mines). 57.22307 Methane monitors (II-A mines).
57.22213 Air flow (III mines). 57.22308 Methane monitors (III mines).
57.22214 Changes in ventilation (I-A, II-A, 57.22309 Methane monitors (V-A mines).
III, and V-A mines). 57.22310 Electrical cables (I-C mines).
57.22215 Separation of intake and return air 57.22311 Electrical cables (II-A mines).
(I-A, II-A, III, and V-A mines). 57.22312 Distribution boxes (II-A and V-A
57.22216 Separation of intake and return air mines).
(I-C mines). 57.22313 Explosion-protection systems (I-C
57.22217 Seals and stoppings (I-A, I-B and I- mines).
C mines). 57.22314 Flow-control devices (V-A and V-B
57.22218 Seals and stoppings (III, V-A, and mines).
V-B mines). 57.22315 Self-contained breathing apparatus
57.22219 Seals and stoppings (II-A mines). (V-A mines).
57.22220 Air passing unsealed areas (I-A, II-
A, III, and V-A mines). UNDERGROUND RETORTS
57.22221 Overcast and undercast construc-
57.22401 Underground retorts (I-A and I-B
tion (I-A, II-A, III, and V-A mines).
mines).
57.22222 Ventilation materials (I-A, I-B, I-C,
II-A, III, V-A, and V-B mines). ILLUMINATION
57.22223 Crosscuts before abandonment (III
mines). 57.22501 Personal electric lamps (I-A, I-B, I-
57.22224 Auxiliary equipment stations (I-A C, II-A, II-B, III, IV, V-A, and V-B mines).
and III mines).
rmajette on DSK2TPTVN1PROD with CFR
EXPLOSIVES
57.22225 Auxiliary equipment stations (I-C
mines). 57.22601 Blasting from the surface (I-A
57.22226 Testing for methane (IV mines). mines).
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57.1 30 CFR Ch. I (7114 Edition)
57.22602 Blasting from the surface (I-C Approved means tested and accepted
mines). for a specific purpose by a nationally
57.22603 Blasting from the surface (II-A recognized agency.
mines).
57.22604 Blasting from the surface (II-B Attended means presence of an indi-
mines). vidual or continuous monitoring to
57.22605 Blasting from the surface (V-A prevent unauthorized entry or access.
mines). In addition, areas containing explosive
57.22606 Explosive materials and blasting material at underground areas of a
units (III mines). mine can be considered attended when
57.22607 Blasting on shift (III mines). all access to the underground areas of
57.22608 Secondary blasting (I-A, II-A, and
V-A mines). the mine is secured from unauthorized
entry. Vertical shafts shall be consid-
APPENDIX I TO SUBPART TSTANDARD APPLI-
CABILITY BY CATEGORY OR SUBCATEGORY
ered secure. Inclined shafts or adits
shall be considered secure when locked
AUTHORITY: 30 U.S.C. 811. at the surface.
SOURCE: 50 FR 4082, Jan. 29, 1985, unless Authorized person means a person ap-
otherwise noted. proved or assigned by mine manage-
ment to perform a specific type of duty
Subpart AGeneral or duties or to be at a specific location
or locations in the mine.
57.1 Purpose and scope. Auxilary fan means a fan used to de-
This part 57 sets forth mandatory liver air to a working place off the
safety and health standards for each main airstream; generally used with
underground metal or nonmetal mine, ventilation tubing.
including related surface operations, Barricaded means obstructed to pre-
subject to the Federal Mine Safety and vent the passage of persons, vehicles,
Health Act of 1977. The purpose of or flying materials.
these standards is the protection of Barrier means a material object, or
life, the promotion of health and safe- objects that separates, keeps apart, or
ty, and the prevention of accidents. demarcates in a conspicuous manner
such as cones, a warning sign, or tape.
57.2 Definitions. Berm means a pile or mound of mate-
The following definitions apply to rial along an elevated roadway capable
this part. In addition definitions con- of moderating or limiting the force of a
tained in any subpart of part 57 apply vehicle in order to impede the vehicles
in that subpart. If inconsistent with passage over the bank of the roadway.
the general definitions in this section, Blast area means the area in which
the definition in the subpart will apply concussion (shock wave), flying mate-
in that subpart: rial, or gases from an explosion may
Abandoned areas means areas in cause injury to persons. In determining
which work has been completed, no fur- the blast area, the following factors,
ther work is planned, and travel is not shall be considered:
permitted. (1) Geology or material to be blasted.
Abandoned mine means all work has (2) Blast pattern.
stopped on the mine premises and an (3) Burden, depth, diameter, and
office with a responsible person in angle of the holes.
charge is no longer maintained at the (4) Blasting experience of the mine.
mine. (5) Delay system, powder factor, and
Abandoned workings means deserted pounds per delay.
mine areas in which further work is (6) Type and amount of explosive ma-
not intended. terial.
Active workings means areas at, in, or (7) Type and amount of stemming.
around a mine or plant where men Blast site means the area where explo-
work or travel. sive material is handled during load-
American Table of Distances means the ing, including the perimeter formed by
current edition of The American the loaded blastholes and 50 feet (15.2
rmajette on DSK2TPTVN1PROD with CFR
Table of Distances for Storage of Ex- meters) in all directions from loaded
plosives published by the Institute of holes. A minimum distance of 30 feet
Makers of Explosives. (9.1 meters) may replace the 50-foot
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Mine Safety and Health Admin., Labor 57.2
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57.2 30 CFR Ch. I (7114 Edition)
Employee means a person who works High potential means more than 650
for wages or salary in the service of an volts.
employer. Hoist means a power driven windlass
Employer means a person or organiza- or drum used for raising ore, rock, or
tion which hires one or more persons to other material from a mine, and for
work for wages or salary. lowering or raising persons and mate-
Emulsion means an explosive material rial.
containing substantial amounts of Igniter cord means a fuse, cordlike in
oxidizers dissolved in water droplets, appearance, which burns progressively
surrounded by an immiscible fuel. along its length with an external flame
Escapeway means a passageway by at the zone of burning, and is used for
which persons may leave a mine. lighting a series of safety fuses in the
Explosive means any substance classi- desired sequence.
fied as an explosive by the Department Insulated means separated from other
of Transportation in 49 CFR 173.53, conducting surfaces by a dielectric sub-
173.88 and 173.100 which are incor- stance permanently offering a high re-
porated by reference. Title 49 CFR is sistance to the passage of current and
available for inspection at each Metal to disruptive discharge through the
and Nonmetal Mine Safety and Health substance. When any substance is said
District Office of the Mine Safety and to be insulated, it is understood to be
Health Administration, and may be ob- insulated in a manner suitable for the
tained from the U.S. Government conditions to which it is subjected.
Printing Office, Washington, DC 20402. Otherwise, it is, within the purpose of
Face or bank means that part of any this definition, uninsulated. Insulating
mine where excavating is progressing covering is one means for making the
or was last done. conductor insulated.
Fire resistance rating means the time, Insulation means a dielectric sub-
in minutes or hours, that an assembly stance offering a high resistance to the
of materials will retain its protective passage of current and to a disruptive
characteristics or structural integrity discharge through the substance.
upon exposure to fire. Laminated partition a partition com-
Flame spread rating means the numer- posed of the following material and
ical designation that indicates the ex- minimum nominal dimensions: 12-inch-
tent flame will spread over the surface thick plywood, 12-inch-thick gypsum
of a material during a specified period wallboard, 18-inch-thick low carbon
of time. steel, and 14-inch-thick plywood, bond-
Flammable means capable of being ed together in that order (IME22 Box).
easily ignited and of burning rapidly. A laminated partition also includes al-
Flammable gas means a gas that will ternative construction materials de-
burn in the normal concentrations of scribed in the Institute of Makers of
oxygen in the air. Explosives (IME) Safety Library Publi-
Flammable liquid a liquid that has a cation No. 22, Recommendations for
flash point below 100 F (37.8 C), a the Safe Transportation of Detonators
vapor pressure not exceeding 40 pounds in a Vehicle with other Explosive Ma-
per square inch (absolute) at 100 F terials, (May 1993), and the Generic
(37.8 C), and is known as a Class I liq- Loading Guide for the IME22 Con-
uid. tainer, (October 1993). This incorpora-
Flash point means the minimum tem- tion by reference has been approved by
perature at which sufficient vapor is the Director of the Federal Register in
released by a liquid or solid to form a accordance with 5 U.S.C. 552(a) and 1
flammable vapor-air mixture at atmos- CFR part 51. Copies are available at
pheric pressure. MSHA, 1100 Wilson Blvd., Room 2436,
Geological area means an area charac- Arlington, Virginia 222093939, and at
terized by the presence of the same ore all Metal and Nonmetal Mine Safety
bodies, the same stratigraphic se- and Health district offices, or available
quence of beds, or the same ore-bearing for inspection at the Office of the Fed-
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Mine Safety and Health Admin., Labor 57.2
Lay means the distance parallel to ment and capable of being initiated by
the axis of the rope in which a strand miniaturized detonating cord.
makes one complete turn about the Outburst means the sudden, violent
axis of the rope. release of solids and high-pressure oc-
Loading means placing explosive ma- cluded gases, including methane in a
terial either in a blasthole or against domal salt mine.
the material to be blasted. Overburden means material of any
Low potential means 650 volts or less. nature, consolidated or unconsolidated,
Magazine means a facility for the that overlies a deposit of useful mate-
storage of explosives, blasting agents, rials or ores that are to be mined.
or detonators. Overload means that current which
Main fan means a fan that controls will cause an excessive or dangerous
the entire airflow of the mine, or the temperature in the conductor or con-
airflow of one of the major air circuits. ductor insulation.
Major electrical installation means an Permissible means a machine, mate-
assemblage of stationary electrical rial, apparatus, or device which has
equipment for the generation, trans- been investigated, tested, and approved
mission, distribution, or conversion of by the Bureau of Mines or the Mine
electrical power. Safety and Health Administration, and
Mantrip means a trip on which per- is maintained in permissible condition.
sons are transported to and from a Potable water means water which
work area. shall meet the applicable minimum
Mill includes any ore mill, sampling health requirements for drinking water
works, concentrator, and any crushing, established by the State or community
grinding, or screening plant used at, in which the mine is located or by the
and in connection with, an excavation Environmental Protection Agency in 40
or mine. CFR part 141, pages 169182 revised as of
Mine atmosphere means any point at July 1, 1977. Where no such require-
least 12 inches away from the back, ments are applicable, the drinking
face, rib, and floor in any mine; and ad- water provided shall conform with the
ditionally, in a Category IV mine, at Public Health Service Drinking Water
least 3 feet laterally away from the col- Standards, 42 CFR part 72, subpart J,
lar of a borehole which releases gas pages 527533, revised as of October 1,
into a mine. 1976. Publications to which references
Mine opening means any opening or are made in this definition are hereby
entrance from the surface into a mine. made a part hereof. These incorporated
Misfire means the complete or partial publications are available for inspec-
failure of a blasting charge to explode tion at each Metal and Nonmetal Mine
as planned. Safety and Health District Office of the
Mobile equipment means wheeled, Mine Safety and Health Administra-
skid-mounted, track-mounted, or rail- tion.
mounted equipment capable of moving Powder chest means a substantial,
or being moved. nonconductive portable container
Multipurpose dry-chemical fire extin- equipped with a lid and used at blast-
guisher means an extinguisher having a ing sites for explosives other than
rating of at least 2A:10B:C and con- blasting agents.
taining a nominal 4.5 pounds or more of Primer means a unit, package, or car-
dry-chemical agent. tridge of explosives used to initiate
Noncombustible material means a ma- other explosives or blasting agents, and
terial that, in the form in which it is which contains a detonator.
used and under the conditions antici- Reverse-current protection means a
pated, will not ignite, burn, support method or device used on direct-cur-
combustion, or release flammable va- rent circuits or equipment to prevent
pors when subjected to fire or heat. the flow of current in a reverse direc-
Concrete, masonry block, brick, and tion.
steel are examples of noncombustible Rock burst means a sudden and vio-
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57.1000 30 CFR Ch. I (7114 Edition)
Rock burst does not include a burst re- Suitable means that which fits, and
sulting from pressurized mine gases. has the qualities or qualifications to
Rock fixture means any tensioned or meet a given purpose, occasion, condi-
nontensioned device or material in- tion, function, or circumstance.
serted into the ground to strengthen or Travelway means a passage, walk or
support the ground. way regularly used and designated for
Roll protection means a framework, persons to go from one place to an-
safety canopy or similar protection for other.
the operator when equipment over- Water gel or Slurry (as applied to
turns. blasting) means an explosive or blast-
Safety can means an approved con- ing agent containing substantial por-
tainer, of not over 5 gallons capacity, tions of water.
having a spring-closing lid and spout
Wet drilling means the continuous ap-
cover.
plication of water through the central
Safety fuse means a flexible cord con-
hole of hollow drill steel to the bottom
taining an internal burning medium by
of the drill hole.
which fire is conveyed at a continuous
and uniform rate for the purpose of fir- Working level (WL) means any com-
ing blasting caps or a black powder bination of the short-lived radon
charge. daughters in one liter of air that will
Safety switch means a sectionalizing result in ultimate emission of 1.3105
switch that also provides shunt protec- MeV (million electron volts) of poten-
tion in blasting circuits between the tial alpha energy, and exposure to
blasting switch and the shot area. these radon daughters over a period of
Scaling means removal of insecure time is expressed in terms of working
material from a face or highwall. level months (WLM). Inhalation of air
Secondary safety connection means a containing a radon daughter con-
second connection between a convey- centration of 1 WL for 173 hours results
ance and rope, intended to prevent the in an exposure of 1 WLM.
conveyance from running away or fall- Working place means any place in or
ing in the event the primary connec- about a mine where work is being per-
tion fails. formed.
Shaft means a vertical or inclined
[69 FR 38840, June 29, 2004]
shaft, a slope, incline, or winze.
Short circuit means an abnormal con- PROCEDURES
nection of relatively low resistance,
whether made accidentally or inten- 57.1000 Notification of commence-
tionally, between two points of dif- ment of operations and closing of
ference potential in a circuit. mines.
Slurry (as applied to blasting). See
The owner, operator, or person in
Water gel.
charge of any metal and nonmetal
Storage facility means the entire class
mine shall notify the nearest MSHA
of structures used to store explosive
Metal and Nonmental Mine Safety and
materials. A storage facility used to
Health district office before starting
store blasting agents corresponds to a
operations, of the approximate or ac-
BATF Type 4 or 5 storage facility.
Storage tank means a container ex- tual date mine operation will com-
ceeding 60 gallons in capacity used for mence. The notification shall include
the storage of flammable or combus- the mine name, location, the company
tible liquids. name, mailing address, person in
Stray current means that portion of a charge, and whether operations will be
total electric current that flows continuous or intermittent. When any
through paths other than the intended mine is closed, the person in charge
circuit. shall notify the nearest district office
Substantial construction means con- as provided above and indicate whether
struction of such strength, material, the closure is temporary or permanent.
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and workmanship that the object will [51 FR 36198, Oct. 8, 1986, as amended at 60 FR
withstand all reasonable shock, wear, 33723, June 29, 1995; 60 FR 35695, July 11, 1995;
and usage to which it will be subjected. 71 FR 16667, Apr. 3, 2006]
352
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353
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57.3360 30 CFR Ch. I (7114 Edition)
354
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Mine Safety and Health Admin., Labor 57.4130
355
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57.4131 30 CFR Ch. I (7114 Edition)
(2) Unburied, flammable or combus- or the mine shall have made prior ar-
tible liquid storage tanks. rangements with a local fire depart-
(3) Any group of containers used for ment to fight such fires.
storage of more than 60 gallons of flam- (b) This onsite firefighting equip-
mable or combustible liquids. ment shall be
(b) The area within the 25-foot perim- (1) Of the type, size, and quantity
eter shall be kept free of dry vegeta- that can extinguish fires of any class
tion. which would occur as a result of the
hazards present; and
57.4131 Surface fan installations and (2) Strategically located, readily ac-
mine openings.
cessible, plainly marked, and main-
(a) On the surface, no more than one tained in fire-ready condition.
days supply of combustible materials
shall be stored within 100 feet of mine [50 FR 4082, Jan. 29, 1985, as amended at 50
FR 20100, May 14, 1985]
openings or within 100 feet of fan in-
stallations used for underground ven- 57.4201 Inspection.
tilation.
(b) the one-day supply shall be kept (a) Firefighting equipment shall be
at least 25 feet away from any mine inspected according to the following
opening except during transit into the schedules:
mine. (1) Fire extinguishers shall be in-
(c) Dry vegetation shall not be per- spected visually at least once a month
mitted within 25 feet of mine openings. to determine that they are fully
charged and operable.
57.4160 Underground electric sub- (2) At least once every twelve
stations and liquid storage facili- months, maintenance checks shall be
ties. made of mechanical parts, the amount
The requirements of this standard and condition of extinguishing agent
apply to underground areas only. and expellant, and the condition of the
(a) Areas within 25 feet of the fol- hose, nozzle, and vessel to determine
lowing shall be free of combustible ma- that the fire extinguishers will operate
terials: effectively.
(1) Electric substations. (3) Fire extinguishers shall be
(2) Unburied, combustible liquid stor- hydrostatically tested according to
age tanks. Table C1 or a schedule based on the
(3) Any group of containers used for manufacturers specifications to deter-
storage of more than 60 gallons of com- mine the integrity of extinguishing
bustible liquids. agent vessels.
(b) This standard does not apply to (4) Water pipes, valves, outlets, hy-
installed wiring or timber that is coat- drants, and hoses that are part of the
ed with at least one inch of shotcrete, mines firefighting system shall be vis-
one-half inch of gunite, or other non- ually inspected at least once every
combustible materials with equivalent three months for damage or deteriora-
fire protection characteristics. tion and use-tested at least once every
twelve months to determine that they
57.4161 Use of fire underground. remain functional.
Fires shall not be lit underground, (5) Fire suppression systems shall be
except for open-flame torches. Torches inspected at least once every twelve
shall be attended at all times while lit. months. An inspection schedule based
on the manufacturers specifications or
FIREFIGHTING EQUIPMENT the equivalent shall be established for
individual components of a system and
57.4200 General requirements. followed to determine that the system
(a) For fighting fires that could en- remains functional. Surface fire sup-
danger persons, each mine shall have pression systems are exempt from
(1) Onsite firefighting equipment for these inspection requirements if the
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fighting fires in their early stages; and systems are used solely for the protec-
(2) Onsite firefighting equipment for tion of property and no persons would
fighting fires beyond their early stages, be affected by a fire.
356
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Mine Safety and Health Admin., Labor 57.4261
357
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57.4262 30 CFR Ch. I (7114 Edition)
358
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Mine Safety and Health Admin., Labor 57.4460
359
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57.4461 30 CFR Ch. I (7114 Edition)
360
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Mine Safety and Health Admin., Labor 57.4533
361
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57.4560 30 CFR Ch. I (7114 Edition)
(c) Provided with an automatic fire (b) Use of halogenated fire extin-
suppression system; or guishing agents to meet the require-
(d) Covered on all combustible inte- ments of this standard shall be limited
rior and exterior structural surfaces to Halon 1211 (CBrClF2) and Halon 1301
with noncombustible material or lim- (CBrF3). When these agents are used in
ited combustible material, such as five- confined or unventilated areas, pre-
eighth inch, type X gypsum wall- cautions based on the manufacturers
board. use instructions shall be taken so that
the gases produced by thermal decom-
57.4560 Mine entrances. position of the agents are not inhaled.
For at least 200 feet inside the mine
57.4601 Oxygen cylinder storage.
portal or collar timber used for ground
support in intake openings and in ex- Oxygen cylinders shall not be stored
haust openings that are designated as in rooms or areas used or designated
escapeways shall be for storage of flammable or combus-
(a) Provided with a fire suppression tible liquids, including grease.
system, other than fire extinguishers
57.4602 Gauges and regulators.
and water hoses, capable of controlling
a fire in its early stages; or Gauges and regulators used with oxy-
(b) Covered with shotcrete, gunite, or gen or acetylene cylinders shall be
other material with equivalent fire kept clean and free of oil and grease.
protection characteristics; or
57.4603 Closure of valves.
(c) Coated with fire-retardant paint
or other material to reduce its flame To prevent accidental release of
spread rating to 25 or less and main- gases from hoses and torches attached
tained in that condition. to oxygen and acetylene cylinders or to
manifold systems, cylinder or manifold
[50 FR 4082, Jan. 29, 1985, as amended at 50 system valves shall be closed when
FR 20100, May 14, 1985]
(a) The cylinders are moved;
57.4561 Stationary diesel equipment (b) The torch and hoses are left unat-
underground. tended; or
(c) The task or series of tasks is com-
Stationary diesel equipment under- pleted.
ground shall be
(a) Supported on a noncombustible 57.4604 Preparation of pipelines or
base; and containers.
(b) Provided with a thermal sensor Before welding, cutting, or applying
that automatically stops the engine if heat with an open flame to pipelines or
overheating occurs. containers that have contained flam-
mable or combustible liquids, flam-
WELDING/CUTTING/COMPRESSED GASES mable gases, or explosive solids, the
57.4600 Extinguishing equipment. pipelines or containers shall be
(a) Drained, ventilated, and thor-
(a) When welding, cutting, soldering, oughly cleaned of any residue;
thawing, or bending (b) Vented to prevent pressure build-
(1) With an electric arc or with an up during the application of heat; and
open flame where an electrically con- (c)(1) Filled with an inert gas or
ductive extinguishing agent could cre- water, where compatible; or
ate an electrical hazard, a multipur- (2) Determined to be free of flam-
pose dry-chemical fire extinguisher or mable gases by a flammable gas detec-
other extinguisher with at least a 2 tion device prior to and at frequent in-
A:10B:C rating shall be at the work- tervals during the application of heat.
site.
(2) With an open flame in an area 57.4660 Work in shafts, raises, or
where no electrical hazard exists, a winzes and other activities involv-
multipurpose dry-chemical fire extin- ing hazard areas.
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Mine Safety and Health Admin., Labor 57.4760
tive evacuation procedures. Under this escapeway or find a place of refuge; and
standard, shaft mine means a mine (iv) Be done according to predeter-
in which any designated escapeway in- mined conditions and procedures.
363
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57.4761 30 CFR Ch. I (7114 Edition)
At least 50 feet from: timbered areas, exposed Control door that meets the requirements for a ventilation door in conform-
combustible rock, and any other combustible ance with 30 CFR 57.8531.
material 1
Within 50 feet but no closer than 20 feet of: tim- Control door that serves as a barrier to the effects of fire and air leakage.
bered areas, exposed combustible rock, or other The control door shall provide protection at least equivalent to a door
combustible material 1 constructed of no less than one-quarter inch of plate steel with channel
Within 20 feet of: any timbered areas or combus- or angle-iron reinforcement to minimize warpage. The framework assem-
tible rock, provided that the timber and combus- bly of the door and the surrounding bulkhead, if any, shall be at least
tible rock within the 20 foot distance are coated equivalent to the door in fire and air-leakage resistance, and in physical
with one inch of shotcrete, one-half inch of gun- strength.
ite, or other material with equivalent fire protec-
tion characteristics and no other combustible
material 1 is within that distance
Within 20 feet of: timbered areas, exposed com- Control door that serves as a barrier to fire, the effects of fire, and air-leak-
bustible rock, or other combustible material 1 age. The door shall provide protection at least equivalent to a door con-
structed of two layers of wood, each a minimum of three-quarters of an
inch in thickness. The wood grain of one layer shall be perpendicular to
the wood grain of the other layer. The wood construction shall be cov-
ered on all sides and edges with no less than twenty-four gauge sheet
steel. The framework assembly of the door and the surrounding bulk-
head, if any, shall be at least equivalent to the door in fire and air-leak-
age resistance, and in physical strength. Roll-down steel doors with a
fire-resistance rating of 112 hours or greater, but without an insulation
core, are acceptable if an automatic sprinkler or deluge system is in-
stalled that provides even coverage of the door on both sides.
1 In this table, combustible material does not refer to installed wiring or track support.
364
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Mine Safety and Health Admin., Labor Pt. 57, Subpt. C., App. I
shall provide protection at least equiv- (2) Provide rapid air reversal that al-
alent to a door constructed of no less lows persons underground time to exit
than one-quarter inch of plate steel in fresh air by the second escapeway or
with channel or angle-iron reinforce- find a place of refuge; and
ment to minimize warpage. The frame- (3) Be done according to predeter-
work assembly of the door and the sur- mined conditions and procedures.
rounding bulkhead, if any, shall be at (d) Automatic fire suppression system
least equivalent to the door in fire and and escape route. If used as an alter-
air-leakage resistance, and in physical native, the automatic fire suppression
strength. system and alternate escape route
(4) If located less than 20 feet from shall meet the following requirements:
exposed timber or other combustibles, (1) The suppression system shall be
the control door or bulkhead shall pro- (i) Located in the shop area;
vide protection at least equivalent to a (ii) The appropriate size and type for
door constructed of two layers of wood, the particular fire hazards involved;
each a minimum of three-quarters of and
an inch in thickness. The wood-grain of (iii) Inspected at weekly intervals
one layer shall be perpendicular to the and properly maintained.
wood-grain of the other layer. The (2) The escape route shall bypass the
wood construction shall be covered on shop area so that the route will not be
all sides and edges with no less than 24- affected by a fire in the shop area.
gauge sheet steel. The framework as-
sembly of the door and the surrounding APPENDIX I TO SUBPART C OF PART 57
bulkhead, if any, shall be at least NATIONAL CONSENSUS STANDARDS
equivalent to the door in fire and air- Mine operators seeking further informa-
leakage resistance, and in physical tion in the area of fire prevention and con-
strength. Roll-down steel doors with a trol may consult the following national con-
fire-resistance rating of 112 hours or sensus standards.
greater, but without an insulation
MSHA stand-
core, are acceptable provided that an National consensus standard
ard
automatic sprinkler or deluge system
57.4200, NFPA No. 10Portable Fire Extinguisher.
is installed that provides even coverage 57.4201, NFPA No. 11Low Expansion Foam and
of the door on both sides. 57.4261, Combined Agent Systems.
(b) Routing air to exhaust system. If and NFPA No. 11AHigh Expansion Foam Sys-
57.4262. tems.
used as an alternative, routing the
NFPA No. 12Carbon Dioxide Extinguishing
mine shop exhaust air directly to an Systems.
exhaust system shall be done so that NFPA No. 12AHalon 1301 Extinguishing
no person would be exposed to toxic Systems.
NFPA No. 13Water Sprinkler Systems.
gases in the event of a shop fire. NFPA No. 14Standpipe and Hose Sys-
(c) Mechanical ventilation reversal. If tems.
used as an alternative, reversal of me- NFPA No. 15Water Spray Fixed Systems.
chanical ventilation shall NFPA No. 16Foam Water Spray Systems.
NFPA No. 17Dry-Chemical Extinguishing
(1) Be accomplished by a main fan. If Systems.
the main fan is located underground: NFPA No. 121Mobile Surface Mining
(i) The cable or conductors supplying Equipment.
NFPA No. 291Testing and Marking Hy-
power to the fan shall be routed drants.
through areas free of fire hazards; or NFPA No. 1962Care, Use, and Mainte-
(ii) The main fan shall be equipped nance of Fire Hose, Connections, and Noz-
zles.
with a second, independent power cable 57.4202 ..... NFPA No. 14Standpipe and Hose Sys-
or set of conductors from the surface. tems.
The power cable or conductors shall be NFPA No. 291Testing and Marking Hy-
located so that an underground fire dis- drants.
57.4203 ..... NFPA No. 10Portable Fire Extinguishers.
rupting power in one cable or set of 57.4230 ..... NFPA No. 10Portable Fire Extinguishers.
conductors will not affect the other; or NFPA No. 121Mobile Surface Mining
(iii) A second fan capable of accom- Equipment.
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57.5001 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor 57.5037
367
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57.5038 30 CFR Ch. I (7114 Edition)
air sampling be done by the Mine Safe- available for inspection by the Sec-
ty and Health Administration. If con- retary or his authorized representative.
centrations of radon daughters in ex- [50 FR 4082, Jan. 29, 1985, as amended at 60
cess of 0.1 WL are found in an exhaust FR 33723, June 29, 1995; 71 FR 16667, Apr. 3,
air sample, thereafter 2006]
(1) Where uranium is minedradon
daughter concentrations representative 57.5038 Annual exposure limits.
of workers breathing zone shall be de- No person shall be permitted to re-
termined at least every two weeks at ceive an exposure in excess of 4 WLM in
random times in all active working any calendar year.
areas such as stopes, drift headings,
57.5039 Maximum permissible con-
travelways, haulageways, shops, sta- centration.
tions, lunch rooms, magazines, and any
Except as provided by standard
other place or location where persons
57.5005, persons shall not be exposed to
work, travel, or congregate. However,
air containing concentrations of radon
if concentrations of radon daughters daughters exceeding 1.0 WL in active
are found in excess of 0.3 WL in an ac- workings.
tive working area, radon daughter con-
centrations thereafter shall be deter- 57.5040 Exposure records.
mined weekly in that working area (a) The operator shall calculate and
until such time as the weekly deter- record complete individual exposures
minations in that area have been 0.3 to concentrations of radon daughters
WL or less for 5 consecutive weeks. as follows:
(2) Where uranium is not mined (1) Where uranium is minedthe
when radon daughter concentrations complete individual exposures of all
between 0.1 and 0.3 WL are found in an mine personnel working underground
active working area, radon daughter shall be calculated and recorded. These
concentration measurements rep- records shall include the individuals
resentative of workers breathing zone time in each active working area such
shall be determined at least every 3 as stopes, drift headings, travelways,
months at random times until such haulageways, shops, stations, lunch
time as the radon daughter concentra- rooms, magazines and any other place
or location where persons work, travel
tions in that area are below 0.1 WL, and
or congregate, and the concentration of
annually thereafter. If concentrations
airborne radon daughters for each ac-
of radon daughters are found in excess tive working area.
of 0.3 WL in an active working area (2) Where uranium is not minedthe
radon daughter concentrations there- complete individual exposure of all
after shall be determined at least mine personnel working in active
weekly in that working area until such working areas with radon daughter
time as the weekly determinations in concentrations in excess of 0.3 WL shall
that area have been 0.3 WL or less for be calculated and recorded. These
5 consecutive weeks. records shall include the individuals
(b) If concentrations of radon daugh- time in each active working area and
ters less than 0.1 WL are found in an the concentrations of airborne radon
exhaust mine air sample, thereafter: daughters for each active working
(1) Where uranium is minedat least area. The operator may discontinue
one sample shall be taken in the ex- calculating and recording the indi-
haust mine air monthly. vidual exposures of any personnel as-
(2) Where uranium is not minedno signed to work in active working areas
further exhaust mine air sampling is where radon daughter concentrations
required. have been reduced to 0.3 WL or less for
5 consecutive weeks provided that such
(c) The sample date, locations, and
exposure calculation and recordation
results obtained under (a) and (b) above shall not be discontinued with respect
shall be recorded and retained at the
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368
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Mine Safety and Health Admin., Labor 57.5041
369
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57.5042 30 CFR Ch. I (7114 Edition)
may be examined in any Metal and (3) Effective May 20, 2008, a miners
Nonmetal Mine Safety and Health Dis- personal exposure to diesel particulate
trict Office, Mine Safety and Health matter (DPM) in an underground mine
370
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Mine Safety and Health Admin., Labor 57.5060
must not exceed an average eight-hour accordance with 57.5005(a), (b), and
equivalent full shift airborne con- paragraphs (d)(1) through (d)(8) of this
centration of 160 micrograms of total section.
carbon per cubic meter of air (160TC g/ (1) Air purifying respirators must be
m3). equipped with the following:
(c)(1) If a mine requires additional (i) Filters certified by NIOSH under
time to come into compliance with the 30 CFR part 11 (appearing in the July 1,
final DPM limit established in 57.5060 1994 edition of 30 CFR, parts 1 to 199) as
(b) due to technological or economic a high efficiency particulate air
constraints, the operator of the mine (HEPA) filter;
may file an application with the Dis- (ii) Filters certified by NIOSH under
trict Manager for a special extension. 42 CFR part 84 as 99.97% efficient; or
(2) The mine operator must certify on (iii) Filters certified by NIOSH for
the application that the operator has
DPM.
posted one copy of the application at
(2) Non-powered, negative-pressure,
the mine site for at least 30 days prior
air purifying, particulate-filter res-
to the date of application, and has pro-
vided another copy to the authorized pirators shall use an R- or P-series fil-
representative of miners. ter or any filter certified by NIOSH for
(3) No approval of a special extension DPM. An R-series filter shall not be
shall exceed a period of one year from used for longer than one work shift.
the date of approval. Mine operators (3) The mine operator must provide a
may file for additional special exten- confidential medical evaluation by a
sions provided each extension does not physician or other licensed health care
exceed a period of one year. An applica- professional (PLHCP), at no cost to the
tion must include the following infor- miner, to determine the miners ability
mation: to use a respirator before the miner is
(i) Documentation supporting that required to be fit tested or to use a res-
controls are technologically or eco- pirator at the mine. If the PLHCP de-
nomically infeasible at this time to re- termines that the miner cannot wear a
duce the miners exposure to the final negative pressure respirator, the mine
DPM limit. operator must make certain that the
(ii) The most recent DPM monitoring PLHCP evaluates the miners ability to
results. wear a powered air purifying respirator
(iii) The actions the operator will (PAPR).
take during the extension to minimize (4) The mine operator must provide
exposure of miners to DPM. the miner with an opportunity to dis-
(4) A mine operator must comply cuss their evaluation results with the
with the terms of any approved appli- PLHCP before the PLHCP submits the
cation for a special extension, post a written determination to the mine op-
copy of the approved application for a erator regarding the miners ability to
special extension at the mine site for wear a respirator. If the miner dis-
the duration of the special extension agrees with the evaluation results of
period, and provide a copy of the ap- the PLHCP, the miner may submit
proved application to the authorized within 30 days additional evidence of
representative of miners. his or her medical condition to the
(d) The mine operator must install, PLHCP.
use, and maintain feasible engineering (5) The mine operator must obtain a
and administrative controls to reduce a written determination from the
miners exposure to or below the appli- PLHCP regarding the miners ability
cable DPM PEL established in this sec- to wear a respirator, and the mine op-
tion. When controls do not reduce a erator must assure that the PLHCP
miners DPM exposure to the PEL, con- provides a copy of the determination to
trols are infeasible, or controls do not the miner.
produce significant reductions in DPM (6) The miner must be reevaluated
exposures, controls must be used to re- when the mine operator has reason to
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duce the miners exposure to as low a believe that conditions have changed
level as feasible and must be supple- which could adversely affect the min-
mented with respiratory protection in ers ability to wear the respirator.
371
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57.5061 30 CFR Ch. I (7114 Edition)
scheduled to work.
terminations.
(3) A mine operator must retain a log
[70 FR 32966, June 6, 2005] of any equipment tagged pursuant to
372
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Mine Safety and Health Admin., Labor 57.5067
this section. The log must include the EFFECTIVE DATE NOTE: At 66 FR 5907, Jan.
date the equipment is tagged, the date 19, 2001, 57.5066 was added, effective July 5,
the equipment is examined, the name 2001, except for paragraph (b). At 66 FR 35518,
of the person examining the equip- July 5, 2001, the effective date of paragraph
(b) was delayed pending disposition of cur-
ment, and any action taken as a result
rent litigation challenging the rule. At 67 FR
of the examination. The operator must 9184, Feb. 27, 2002, paragraphs (b)(1) and (b)(2)
retain the information in the log for were revised, effective Mar. 29, 2002.
one year after the date the tagged
equipment was examined. 57.5067 Engines.
(c) Persons authorized by a mine op-
erator to maintain diesel equipment (a) Any diesel engine introduced into
covered by paragraph (a) of this section an underground area of a mine covered
must be qualified, by virtue of training by this part after July 5, 2001, other
or experience, to ensure that the main- than an engine in an ambulance or fire
tenance standards of paragraph (a) of fighting equipment which is utilized in
this section are observed. An operator accordance with mine fire fighting and
must retain appropriate evidence of the evacuation plans, must either:
competence of any person to perform (1) Have affixed a plate evidencing
specific maintenance tasks in compli- approval of the engine pursuant to sub-
ance with those standards for one year part E of Part 7 of this title or pursu-
after the date of any maintenance, and ant to Part 36 of this title; or
upon request must provide the docu- (2) Meet or exceed the applicable par-
mentation to the authorized represent- ticulate matter emission requirements
ative of the Secretary. of the Environmental Protection Ad-
[66 FR 5907, Jan. 19, 2001, as amended at 67 ministration listed in Table 57.50671,
FR 9184, Feb. 27, 2002] as follows:
TABLE 57.50671
EPA requirement EPA category PM limit
(b) For purposes of paragraph (a): (2) The term introduced does not
(1) The term introduced means any include engines that were previously
engine added to the underground inven- part of the mine inventory and rebuilt.
tory of engines of the mine in question, (3) The term introduced does not in-
including: clude the transfer of engines or equip-
(i) An engine in newly purchased ment from the inventory of one under-
equipment; ground mine to another underground
(ii) An engine in used equipment mine operated by the same mine oper-
brought into the mine; and ator.
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(iii) A replacement engine that has a [66 FR 5907, Jan. 19, 2001, as amended at 66
different serial number than the engine FR 27864, May 21, 2001; 67 FR 9184, Feb. 27,
it is replacing; but 2002]
373
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57.5070 30 CFR Ch. I (7114 Edition)
374
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Mine Safety and Health Admin., Labor 57.6000
(b)(1) Any record listed in this sec- delay blasting caps, and delay connec-
tion which is required to be retained at tors. The term detonator does not
the mine site may, notwithstanding include detonating cord. Detonators
such requirement, be retained else- may be either Class A detonators or
where if the mine operator can imme- Class C detonators, as classified by
diately access the record from the the Department of Transportation in 49
mine site by electronic transmission. CFR 173.53, and 173.100. This document
(2) Upon request from an authorized is available at any MSHA Metal and
representative of the Secretary of Nonmetal Safety and Health district
Labor, the Secretary of Health and office.
Human Services, or from the author- Explosive. Any substance classified as
ized representative of miners, mine op- an explosive by the Department of
erators must promptly provide access Transportation in 49 CFR 173.53, 173.88,
to any record listed in the table in this and 173.100. This document is available
section. at any MSHA Metal and Nonmetal
(3) An operator must provide access Safety and Health district office.
to a miner, former miner, or, with the Explosive material. Explosives, blast-
miners or former miners written con-
ing agents, and detonators.
sent, a personal representative of a
Flash point. The minimum tempera-
miner, to any record required to be
maintained pursuant to 57.5071 or ture at which sufficient vapor is re-
57.5060(d) to the extent the informa- leased by a liquid to form a flammable
tion pertains to the miner or former vapor-air mixture near the surface of
miner. The operator must provide the the liquid.
first copy of a requested record at no Igniter cord. A fuse that burns pro-
cost, and any additional copies at rea- gressively along its length with an ex-
sonable cost. ternal flame at the zone of burning,
(4) Whenever an operator ceases to do used for lighting a series of safety fuses
business, that operator must transfer in a desired sequence.
all records required to be maintained Magazine. A bullet-resistant, theft-
by this part, or a copy thereof, to any resistant, fire-resistant, weather-re-
successor operator who must maintain sistant, ventilated facility for the stor-
them for the required period. age of explosives and detonators (BATF
Type 1 or Type 2 facility).
[70 FR 32966, June 6, 2005; 70 FR 37901, June
30, 2005; 71 FR 29012, May 18, 2006] Misfire. The complete or partial fail-
ure of explosive material to detonate
as planned. The term also is used to de-
Subpart EExplosives scribe the explosive material itself
that has failed to detonate.
SOURCE: 61 FR 36801, July 12, 1996, unless Primer. A unit, package, or cartridge
otherwise noted.
of explosives which contains a deto-
57.6000 Definitions. nator and is used to initiate other ex-
plosives or blasting agents.
The following definitions apply in Safety switch. A switch that provides
this subpart. shunt protection in blasting circuits
Blasting agent. Any substance classi- between the blast site and the switch
fied as a blasting agent by the Depart- used to connect a power source to the
ment of Transportation in 49 CFR
blasting circuit.
173.114a(a). This document is available
Slurry. An explosive material con-
at any MSHA Metal and Nonmetal
taining substantial portions of a liquid,
Safety and Health district office.
oxidizers, and fuel, plus a thickener.
Detonating cord. A flexible cord con-
taining a center core of high explosives Water gel. An explosive material con-
which may be used to initiate other ex- taining substantial portions of water,
plosives. oxidizers, and fuel, plus a cross-linking
Detonator. Any device containing a agent.
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detonating charge used to initiate an [61 FR 36801, July 12, 1996, as amended at 67
explosive. These devices include elec- FR 38385, June 4, 2002; 68 FR 32361, May 30,
tric or nonelectric instantaneous or 2003; 69 FR 38842, June 29, 2004]
375
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57.6100 30 CFR Ch. I (7114 Edition)
sistant, and locked or attended. Drop through any of the signs will not strike
trailers do not have to be ventilated if the magazine;
they are currently licensed by the Fed- (7) Kept clean and dry inside;
376
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Mine Safety and Health Admin., Labor 57.6160
cation No. 22, (May 1993), Rec- the storage of explosives shall only
ommendations for the Safe Transpor- contain nonsparking material or equip-
tation of Detonators in a Vehicle with ment.
377
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57.6161 30 CFR Ch. I (7114 Edition)
378
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Mine Safety and Health Admin., Labor 57.6204
379
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57.6205 30 CFR Ch. I (7114 Edition)
380
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Mine Safety and Health Admin., Labor 57.6403
(3) All access routes to the blast area dition shall be reported immediately to
shall be guarded or barricaded to pre- mine management.
vent the passage of persons or vehicles. (d) Misfires occurring during the
(g) Work shall not be resumed in the shift shall be reported to mine manage-
blast area until a post-blast examina- ment not later than the end of the
tion addressing potential blast-related shift.
hazards has been conducted by a person
with the ability and experience to per- 57.6312 Secondary blasting.
form the examination. Secondary blasts fired at the same
57.6307 Drill stem loading. time in the same work area shall be
initiated from one source.
Explosive material shall not be load-
ed into blastholes with drill stem ELECTRIC BLASTINGSURFACE AND
equipment or other devices that could UNDERGROUND
be extracted while containing explosive
material. The use of loading hose, col- 57.6400 Compatibility of electric det-
lar sleeves, or collar pipes is permitted. onators.
All electric detonators to be fired in
57.6308 Initiation systems.
a round shall be from the same manu-
Initiation systems shall be used in facturer and shall have similar elec-
accordance with the manufacturers in- trical firing characteristics.
structions.
57.6401 Shunting.
57.6309 Fuel oil requirements for
ANFO. Except during testing
(a) Electric detonators shall be kept
(a) Liquid hydrocarbon fuels with
shunted until connected to the blasting
flash points lower than that of No. 2
line or wired into a blasting round;
diesel oil (125 F) shall not be used to
prepare ammonium nitrate-fuel oil, ex- (b) Wired rounds shall be kept shunt-
cept that diesel fuels with flash points ed until connected to the blasting line;
no lower than 100 F may be used at and
ambient air temperatures below 45 F. (c) Blasting lines shall be kept shunt-
(b) Waste oil, including crankcase ed until immediately before blasting.
oil, shall not be used to prepare ammo-
nium nitrate-fuel oil. 57.6402 Deenergized circuits near
detonators.
57.6310 Misfire waiting period. Electrical distribution circuits with-
When a misfire is suspected, persons in 50 feet of electric detonators at the
shall not enter the blast area blast site shall be deenergized. Such
(a) For 30 minutes if safety fuse and circuits need not be deenergized be-
blasting caps are used; or tween 25 to 50 feet of the electric deto-
(b) For 15 minutes if any other type nators if stray current tests, conducted
detonators are used. as frequently as necessary, indicate a
maximum stray current of less than
57.6311 Handling of misfires. 0.05 ampere through a 1-ohm resistor as
(a) Faces and muck piles shall be ex- measured at the blast site.
amined for misfires after each blasting
57.6403 Branch circuits.
operation.
(b) Only work necessary to remove a (a) If electric blasting includes the
misfire and protect the safety of min- use of branch circuits, each branch
ers engaged in the removal shall be shall be equipped with a safety switch
permitted in the affected area until the or equivalent method to isolate the cir-
misfire is disposed of in a safe manner. cuits to be used.
(c) When a misfire cannot be disposed (b) At least one safety switch or
of safely, each approach to the area af- equivalent method of protection shall
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fected by the misfire shall be posted be located outside the blast area and
with a warning sign at a conspicuous shall be in the open position until per-
location to prohibit entry, and the con- sons are withdrawn.
381
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57.6404 30 CFR Ch. I (7114 Edition)
382
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Mine Safety and Health Admin., Labor 57.6604
383
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57.6605 30 CFR Ch. I (7114 Edition)
from the blast area or to a safe loca- moved. Before welding or cutting on a
tion; or hollow shaft, the shaft shall be thor-
(b) Underground electrical blasting oughly cleaned inside and out and
operations that are capable of being vented with a minimum 12-inch diame-
initiated by lightning shall be sus- ter opening to allow for sufficient ven-
pended and all persons withdrawn from tilation.
the blast area or to a safe location.
57.6803 Blasting lines.
57.6605 Isolation of blasting circuits. Permanent blasting lines shall be
Lead wires and blasting lines shall be properly supported. All blasting lines
isolated and insulated from power con- shall be insulated and kept in good re-
ductors, pipelines, and railroad tracks, pair.
and shall be protected from sources of
stray or static electricity. Blasting cir- GENERAL REQUIREMENTSSURFACE AND
cuits shall be protected from any con- UNDERGROUND
tact between firing lines and overhead
powerlines which could result from the 57.6900 Damaged or deteriorated ex-
plosive material.
force of a blast.
Damaged or deteriorated explosive
EQUIPMENT/TOOLSSURFACE AND material shall be disposed of in a safe
UNDERGROUND manner in accordance with the instruc-
tions of the manufacturer.
57.6700 Nonsparking tools.
Only nonsparking tools shall be used 57.6901 Black powder.
to open containers of explosive mate- (a) Black powder shall be used for
rial or to punch holes in explosive car- blasting only when a desired result
tridges. cannot be obtained with another type
of explosive, such as in quarrying cer-
57.6701 Tamping and loading pole re- tain types of dimension stone.
quirements. (b) Containers of black powder shall
Tamping and loading poles shall be of be
wood or other nonconductive, non- (1) Nonsparking;
sparking material. Couplings for poles (2) Kept in a totally enclosed cargo
shall be nonsparking. space while being transported by a ve-
hicle;
MAINTENANCESURFACE AND (3) Securely closed at all times
UNDERGROUND when
(i) Within 50 feet of any magazine or
57.6800 Storage facilities.
open flame;
When repair work which could (ii) Within any building in which a
produce a spark or flame is to be per- fuel-fired or exposed-element electric
formed on a storage facility heater is operating; or
(a) The explosive material shall be (iii) In an area where electrical or in-
moved to another facility, or moved at candescent-particle sparks could result
least 50 feet from the repair activity in powder ignition; and
and monitored; and (4) Opened only when the powder is
(b) The facility shall be cleaned to being transferred to a blasthole or an-
prevent accidental detonation. other container and only in locations
not listed in paragraph (b)(3) of this
57.6801 Vehicle repair. section.
Vehicles containing explosive mate- (c) Black powder shall be transferred
rial and oxidizers shall not be taken from containers only by pouring.
into a repair garage or shop. (d) Spills shall be cleaned up prompt-
ly with nonsparking equipment. Con-
57.6802 Bulk delivery vehicles. taminated powder shall be put into a
No welding or cutting shall be per- container of water and shall be dis-
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formed on a bulk delivery vehicle until posed of promptly after the granules
the vehicle has been washed down and have disintegrated, or the spill area
all explosive material has been re- shall be flushed promptly with water
384
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Mine Safety and Health Admin., Labor 57.7005
385
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57.7008 30 CFR Ch. I (7114 Edition)
386
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Mine Safety and Health Admin., Labor 57.8520
57.7803 Lighting the burner. dent, power failure, or other such un-
planned or unscheduled event:
A suitable means of protection shall
(1) The air quality in the affected ac-
be provided for the employee when
tive workings shall be tested at least
lighting the burner.
within 2-hours of the discovery of the
57.7804 Refueling. fan failure, and at least every 4-hours
thereafter by a competent person for
When rotary jet piercing equipment compliance with the requirements of
requires refueling at locations other the applicable standards of subpart D
than fueling stations, a system for of this part until normal ventilation is
fueling without spillage shall be pro- restored, or
vided. (2) All persons, except those working
on the fan, shall be withdrawn, the
57.7805 Smoking and open flames. ventilation shall be restored to normal
Persons shall not smoke and open and the air quality in the affected ac-
flames shall not be used in the vicinity tive workings shall be tested by a com-
of the oxygen storage and supply lines. petent person to assure that the air
Signs warning against smoking and quality meets the requirements of the
open flames shall be posted in these standards in subpart D of this part, be-
areas. fore any other persons are permitted to
enter the affected active workings.
57.7806 Oxygen intake coupling.
57.8519 Underground main fan con-
The oxygen intake coupling on jet trols.
piercing drills shall be constructed so
that only the oxygen hose can be cou- All underground main fans shall have
pled to it. controls placed at a suitable protected
location remote from the fan and pref-
57.7807 Flushing the combustion erably on the surface.
chamber.
UNDERGROUND ONLY
The combustion chamber of a jet
drill stem which has been sitting 57.8520 Ventilation plan.
unoperated in a drill hole shall be
A plan of the mine ventilation sys-
flushed with a suitable solvent after
tem shall be set out by the operator in
the stem is pulled up.
written form. Revisions of the system
shall be noted and updated at least an-
Subpart GVentilation nually. The ventilation plan or revi-
sions thereto shall be submitted to the
SURFACE AND UNDERGROUND District Manager for review and com-
ments upon his written request. The
57.8518 Main and booster fans.
plan shall, where applicable, contain
(a) All mine main and booster fans the following:
installed and used to ventilate the ac- (a) The mine name.
tive workings of the mine shall be op- (b) The current mine map or sche-
erated continuously while persons are matic or series of mine maps or sche-
underground in the active workings. matics of an appropriate scale, not
However, this provision is not applica- greater than five hundred feet to the
ble during scheduled production-cycle inch, showing:
shutdowns or planned or scheduled fan (1) Direction and quantity of prin-
maintenance or fan adjustments where cipal air flows;
air quality is maintained in compli- (2) Locations of seals used to isolate
ance with the applicable standards of abandoned workings;
subpart D of this part and all persons (3) Locations of areas withdrawn
underground in the affected areas are from the ventilation system;
advised in advance of such scheduled or (4) Locations of all main, booster and
planned fan shutdowns, maintenance, auxiliary fans not shown in paragraph
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387
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57.8525 30 CFR Ch. I (7114 Edition)
388
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Mine Safety and Health Admin., Labor 57.9200
rail equipment operating independ- (2) Brakemen and trainmen are pro-
ently on the same track shall be con- hibited from riding between cars of
trolled for safe operation. moving trains but may ride on the
389
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57.9201 30 CFR Ch. I (7114 Edition)
390
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Mine Safety and Health Admin., Labor 57.9315
operation consistent with the speed crushers, and on haulage roads where
and type of haulage used. hazards to persons would be created as
a result of impaired visibility.
391
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57.9316 30 CFR Ch. I (7114 Edition)
(b) Shelter holes shall not be used for sons shall not ride aerial tramways un-
storage unless a 40-inch clearance is less the following features are pro-
maintained. vided.
392
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Mine Safety and Health Admin., Labor 57.11014
(a) Two independent brakes, each ca- 57.11006 Fixed ladder landings.
pable of holding the maximum load;
Fixed ladders shall project at least 3
(b) Direct communication between feet above landings, or substantial
terminals; handholds shall be provided above the
(c) Power drives with emergency landings.
power available in case of primary
power failure; and 57.11007 Wooden components of lad-
(d) Buckets equipped with positive ders.
locks to prevent accidental tripping or Wooden components of ladders shall
dumping. not be painted except with a trans-
57.10009 Riding loaded buckets. parent finish.
393
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57.11016 30 CFR Ch. I (7114 Edition)
394
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Mine Safety and Health Admin., Labor 57.11059
395
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57.12001 30 CFR Ch. I (7114 Edition)
tem shall be capable of a quick connect Trailing cable and power-cable con-
with the approved 2-hour self-contained nections to junction boxes shall not be
breathing apparatus above. made or broken under load.
396
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Mine Safety and Health Admin., Labor 57.12019
57.12008 Insulation and fittings for for persons is provided by other means.
power wires and cables. This does not prohibit pulling or drag-
Power wires and cables shall be insu- ging of cable by the equipment it pow-
lated adequately where they pass into ers when the cable is physically at-
or out of electrical compartments. Ca- tached to the equipment by suitable
bles shall enter metal frames of mo- mechanical devices, and the cable is in-
tors, splice boxes, and electrical com- sulated from the equipment in con-
partments only through proper fit- formance with other standards in this
tings. When insulated wires, other than part.
cables, pass through metal frames, the
holes shall be substantially bushed 57.12016 Work on electrically-pow-
with insulated bushings. ered equipment.
397
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57.12020 30 CFR Ch. I (7114 Edition)
modification; and annually thereafter. tect the cable from damage and to pre-
A record of the resistance measured vent strain on the electrical connec-
during the most recent test shall be tions.
398
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Mine Safety and Health Admin., Labor 57.12067
399
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57.12068 30 CFR Ch. I (7114 Edition)
and at least 3 feet from any energized 57.12083 Support of power cables in
parts, casings, or wiring. shafts and boreholes.
Power cables in shafts and boreholes
57.12068 Locking transformer enclo-
sures. shall be fastened securely in such a
manner as to prevent undue strain on
Transformer enclosures shall be kept the sheath, insulation, or conductors.
locked against unauthorized entry.
57.12084 Branch circuit dis-
57.12069 Lightning protection for connecting devices.
telephone wires and ungrounded
conductors. Disconnecting switches that can be
opened safely under load shall be pro-
Each ungrounded conductor or tele- vided underground at all branch cir-
phone wire that leads underground and cuits extending from primary power
is directly exposed to lightning shall be circuits near shafts, adits, levels and
equipped with suitable lightning arres- boreholes.
tors of approved type within 100 feet of
the point where the circuit enters the 57.12085 Transformer stations.
mine. Lightning arrestors shall be con-
Transformer stations shall be en-
nected to a low resistance grounding
closed to prevent persons from unin-
medium on the surface and shall be
tentionally or inadvertently con-
separated from neutral grounds by a
tacting energized parts.
distance of not less than 25 feet.
57.12086 Location of trolley wire.
57.12071 Movement or operation of
equipment near high-voltage Trolley and trolley feeder wire shall
powerlines. be installed opposite the clearance side
When equipment must be moved or of haulageways. However, this standard
operated near energized high-voltage does not apply where physical limita-
powerlines (other than trolley lines) tions would prevent the safe installa-
and the clearance is less than 10 feet, tion or use of such trolley and trolley
the lines shall be deenergized or other feeder wire.
precautionary measures shall be taken. 57.12088 Splicing trailing cables.
UNDERGROUND ONLY No splice, except a vulcanized splice
or its equivalent, shall be made in a
57.12080 Bare conductor guards. trailing cable within 25 feet of the ma-
Trolley wires and bare power conduc- chine unless the machine is equipped
tors shall be guarded at mantrip load- with a cable reel or other power feed
ing and unloading points, and at shaft cable payout-retrieval system. How-
stations. Where such trolley wires and ever, a temporary splice may be made
bare power conductors are less than 7 to move the equipment for repair.
feet above the rail, they shall be guard-
ed at all points where persons work or Subpart LCompressed Air and
pass regularly beneath. Boilers
57.12081 Bonding metal pipelines to 57.13001 General requirements for
ground return circuits. boilers and pressure vessels.
All metal pipelines, 1,000 feet or more All boilers and pressure vessels shall
in length running parallel to trolley be constructed, installed, and main-
tracks, that are used as a ground re- tained in accordance with the stand-
turn circuit shall be bonded to the re- ards and specifications of the American
turn circuit rail at the ends of the pipe- Society of Mechanical Engineers Boiler
line and at intervals not to exceed 500 and Pressure Vessel Code.
feet.
57.13010 Reciprocating-type air com-
57.12082 Isolation of powerlines. pressors.
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Mine Safety and Health Admin., Labor 57.13030
401
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57.14000 30 CFR Ch. I (7114 Edition)
(1) The ASME Boiler and Pressure shall be made available to the Sec-
Vessel Code, 1977, published by the retary or his authorized representative.
American Society of Mechanical Engi- (d) Sections of the ASME Boiler and
neers. Pressure Vessel Code, 1977, listed in
paragraph (b)(1) of this section, and
SECTION AND TITLE chapters and appendices of the Na-
I Power Boilers tional Board Inspection Code, 1979, list-
II Material SpecificationsPart AFer- ed in paragraph (b)(2) of this section,
rous are incorporated by reference and made
II Material SpecificationsPart BNon- a part of this standard. These publica-
ferrous tions may be obtained from the pub-
II Material SpecificationsPart CWeld-
ing Rods, Electrodes, and Filler Metals
lishers, the American Society of Me-
IV Heating Boilers chanical Engineers, 22 Law Drive, P.O.
V Nondestructive Examination Box 2900, Fairfield, New Jersey 07007,
VI Recommended Rules for Care and Oper- Phone: 8008432763 (toll free); http://
ation of Heating Boilers www.asme.org, and the National Board
VII Recommended Rules for Care of Power of Boiler and Pressure Vessel Inspec-
Boilers tors, 1055 Crupper Avenue, Columbus,
(2) The National Board Inspection Ohio 43229. The publication may be ex-
Code, a Manual for Boiler and Pressure amined at any Metal and Nonmetal
Vessel Inspectors, 1979, published by Mine Safety and Health District Office
the National Board of Boiler and Pres- of the Mine Safety and Health Admin-
sure Vessel Inspectors. istration.
[50 FR 4082, Jan. 29, 1985, as amended at 71
CHAPTER AND TITLE FR 16667, Apr. 3, 2006]
I Glossary of Terms
II Inspection of Boilers and Pressure Ves- Subpart MMachinery and
sels
III Repairs and Alterations to Boiler and Equipment
Pressure Vessels by Welding
IV Shop Inspection of Boilers and Pressure SOURCE: 53 FR 32528, Aug. 25, 1988, unless
Vessels otherwise noted.
V Inservice Inspection of Pressure Vessels
by Authorized Owner-User Inspection 57.14000 Definitions.
Agencies
The following definitions apply in
APPENDIX AND TITLE this subpart.
A Safety and Safety Relief Valves Travelway. A passage, walk, or way
B Non-ASME Code Boilers and Pressure regularly used or designated for per-
Vessels sons to go from one place to another.
C Storage of Mild Steel Covered Arc Weld-
ing Electrodes [53 FR 32528, Aug. 25, 1988, as amended at 69
D-R National Board R (Repair) Symbol FR 38842, June 29, 2004]
Stamp
D-VR National Board VR (Repair of Safe- SAFETY DEVICES AND MAINTENANCE
ty and Safety Relief Valve) Symbol Stamp REQUIREMENTS
D-VR1 Certificate of Authorization for Re-
pair Symbol Stamp for Safety and Safety 57.14100 Safety defects; examination,
Relief Valves correction and records.
D-VR2 Outline of Basic Elements of Written
Quality Control System for Repairers of (a) Self-propelled mobile equipment
ASME Safety and Safety Relief Valves to be used during a shift shall be in-
D-VR3 Nameplate Stamping for VR spected by the equipment operator be-
E Owner-User Inspection Agencies fore being placed in operation on that
F Inspection Forms shift.
(c) Records of inspections and repairs (b) Defects on any equipment, ma-
shall be kept in accordance with the re- chinery, and tools that affect safety
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Mine Safety and Health Admin., Labor 57.14101
(c) When defects make continued op- maximum grade it travels. This stand-
eration hazardous to persons, the de- ard does not apply to equipment which
fective items including self-propelled is not originally equipped with brakes
mobile equipment shall be taken out of unless the manner in which the equip-
service and placed in a designated area ment is being operated requires the use
posted for that purpose, or a tag or of brakes for safe operation. This
other effective method of marking the standard does not apply to rail equip-
defective items shall be used to pro- ment.
hibit further use until the defects are (2) If equipped on self-propelled mo-
corrected. bile equipment, parking brakes shall be
(d) Defects on self-propelled mobile capable of holding the equipment with
equipment affecting safety, which are its typical load on the maximum grade
not corrected immediately, shall be re- it travels.
ported to, and recorded by, the mine (3) All braking systems installed on
operator. The records shall be kept at the equipment shall be maintained in
the mine or nearest mine office from functional condition.
the date the defects are recorded, until (b) Testing. (1) Service brake tests
the defects are corrected. Such records shall be conducted on surface-operated
shall be made available for inspection equipment at underground mines when
by an authorized representative of the an MSHA inspector has reasonable
Secretary. cause to believe that the service brake
system does not function as required,
57.14101 Brakes. unless the mine operator removes the
(a) Minimum requirements. (1) Self-pro- equipment from service for the appro-
pelled mobile equipment shall be priate repair;
equipped with a service brake system (2) The performance of the service
capable of stopping and holding the brakes shall be evaluated according to
equipment with its typical load on the Table M1.
TABLE M1
Equipment Speed, MPH
Gross vehicle weight lbs.
10 11 12 13 14 15 16 17 18 19 20
036,000 ........................................................... 34 38 43 48 53 59 64 70 76 83 89
36,00070,000 .................................................. 41 46 52 58 62 70 76 83 90 97 104
70,00014,0000 ................................................ 48 54 61 67 74 81 88 95 103 111 119
140,000250,000 .............................................. 56 62 69 77 84 92 100 108 116 125 133
250,000400,000 .............................................. 59 66 74 81 89 97 105 114 123 132 141
Over400,000 ................................................... 63 71 78 86 94 103 111 120 129 139 148
Stopping distances are computed using a constant deceleration of 9.66 FPS 2 and system response times of .5.1, 1.5, 2, 2.25
and 2.5 seconds for each of increasing weight category respectively. Stopping distance values include a one-second operator re-
sponse time.
Seconds required to travel 100 feet ................. 6.8 6.2 5.7 5.2 4.9 4.5 4.3 4.0 3.8 3.6 3.4
(3) Service brake tests shall be con- (i) Equipment capable of traveling at
ducted under the direction of the mine least 10 miles per hour shall be tested
operator in cooperation with and ac- with a typical load for that particular
cording to the instructions provided by piece of equipment. Front-end loaders
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the MSHA inspector as follows: shall be tested with the loader bucket
empty. Equipment shall not be tested
403
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57.14102 30 CFR Ch. I (7114 Edition)
additional test runs with two runs to gradual deflation and then removed.
be conducted in each direction. The During deflation, to the extent pos-
performance of the service brakes shall sible, persons shall stand outside of the
404
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Mine Safety and Health Admin., Labor 57.14112
potential trajectory of the lock ring of broken belt if that action could be haz-
a multi-piece wheel rim. ardous to persons.
(b) To prevent injury from wheel
rims during tire inflation, one of the 57.14109 Unguarded conveyors with
following shall be used: adjacent travelways.
(1) A wheel cage or other restraining Unguarded conveyors next to
device that will constrain all wheel rim travelways shall be equipped with
components during an explosive sepa- (a) Emergency stop devices which are
ration of a multi-piece wheel rim, or located so that a person falling on or
during the sudden release of contained against the conveyor can readily de-
air in a single piece rim wheel; or activate the conveyor drive motor; or
(2) A stand-off inflation device which
(b) Railings which
permits persons to stand outside of the
(1) Are positioned to prevent persons
potential trajectory of wheel compo-
nents. from falling on or against the con-
veyor;
57.14105 Procedures during repairs (2) Will be able to withstand the vi-
or maintenance. bration, shock, and wear to which they
Repairs or maintenance on machin- will be subjected during normal oper-
ery or equipment shall be performed ation; and
only after the power is off, and the ma- (3) Are constructed and maintained
chinery or equipment blocked against so that they will not create a hazard.
hazardous motion. Machinery or equip-
ment motion or activation is permitted 57.14110 Flying or falling materials.
to the extent that adjustments or test- In areas where flying or falling mate-
ing cannot be performed without mo- rials generated from the operation of
tion or activation, provided that per- screens, crushers, or conveyors present
sons are effectively protected from haz- a hazard, guards, shields, or other de-
ardous motion. vices that provide protection against
such flying or falling materials shall be
57.14106 Falling object protection.
provided to protect persons.
(a) Fork-lift trucks, front-end load-
ers, and bulldozers shall be provided 57.14111 Slusher, backlash guards
with falling object protective struc- and securing.
tures if used in an area where falling (a) When persons are exposed to
objects could create a hazard to the op-
slushing operations, the slushers shall
erator.
be equipped with rollers and drum cov-
(b) The protective structure shall be
ers and anchored securely before
capable of withstanding the falling ob-
slushing operations are started to pro-
ject loads to which it could be sub-
jected. tect against hazardous movement be-
fore slushing operations are started.
57.14107 Moving machine parts. (b) Slushers rated over 10 horsepower
shall be equipped with backlash guards,
(a) Moving machine parts shall be
guarded to protect persons from con- unless the equipment operator is other-
tacting gears, sprockets, chains, drive, wise protected.
head, tail, and takeup pulleys, (c) This standard does not apply to
flywheels, coupling, shafts, fan blades; air tuggers of 10 horsepower or less
and similar moving parts that can that have only one cable and one drum.
cause injury.
(b) Guards shall not be required 57.14112 Construction and mainte-
nance of guards.
where the exposed moving parts are at
least seven feet away from walking or (a) Guards shall be constructed and
working surfaces. maintained to
(1) Withstand the vibration, shock,
57.14108 Overhead drive belts.
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57.14113 30 CFR Ch. I (7114 Edition)
406
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Mine Safety and Health Admin., Labor 57.14132
material at NARA, call 2027416030, or (b)(1) When the operator has an ob-
go to: http://www.archives.gov/ structed view to the rear, self-propelled
federallregister/ mobile equipment shall have
407
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57.14160 30 CFR Ch. I (7114 Edition)
(i) An automatic reverse-activated (b) When the entire length of the con-
signal alarm; veyor is not visible from the starting
(ii) A wheel-mounted bell alarm switch, a system which provides visible
which sounds at least once for each or audible warning shall be installed
three feet of reverse movement; and operated to warn persons that the
(iii) A discriminating backup alarm conveyor will be started. Within 30 sec-
that covers the area of obstructed onds after the warning is given, the
view; or conveyor shall be started or a second
(iv) An observer to signal when it is warning shall be given.
safe to back up.
57.14202 Manual cleaning of con-
(2) Alarms shall be audible above the veyor pulleys.
surrounding noise level.
(3) An automatic reverse-activated Pulleys of conveyors shall not be
strobe light may be used at night in cleaned manually while the conveyor is
lieu of an audible reverse alarm. in motion.
(c) This standard does not apply to 57.14203 Application of belt dressing.
rail equipment.
Belt dressings shall not be applied
57.14160 Mantrip trolley wire haz- manually while belts are in motion un-
ards underground. less a pressurized-type applicator is
used that allows the dressing to be ap-
Mantrips shall be covered if there is
plied from outside the guards.
danger of persons contacting the trol-
ley wire. 57.14204 Machinery lubrication.
57.14161 Makeshift couplings. Machinery or equipment shall not be
lubricated manually while it is in mo-
Couplings used on underground rail tion where application of the lubricant
equipment shall be designed for that may expose persons to injury.
equipment, except that makeshift cou-
plings may be used to move disabled 57.14205 Machinery, equipment, and
rail equipment for repairs if no hazard tools.
to persons is created. Machinery, equipment, and tools
shall not be used beyond the design ca-
57.14162 Trip lights.
pacity intended by the manufacturer,
On underground rail haulage, trip where such use may create a hazard to
lights shall be used on the rear of persons.
pulled trips and on the front of pushed
trips. 57.14206 Securing movable parts.
(a) When moving mobile equipment
SAFETY PRACTICES AND OPERATIONAL between workplaces, booms, forks,
PROCEDURES buckets, beds, and similar movable
parts of the equipment shall be posi-
57.14200 Warnings prior to starting
or moving equipment. tioned in the travel mode and, if re-
quired for safe travel, mechanically se-
Before starting crushers or moving cured.
self-propelled mobile equipment, equip- (b) When mobile equipment is unat-
ment operators shall sound a warning tended or not in use, dippers, buckets
that is audible above the surrounding and scraper blades shall be lowered to
noise level or use other effective means the ground. Other movable parts, such
to warn all persons who could be ex- as booms, shall be mechanically se-
posed to a hazard from the equipment. cured or positioned to prevent move-
ment which would create a hazard to
57.14201 Conveyor start-up warnings. persons.
(a) When the entire length of a con-
veyor is visible from the starting 57.14207 Parking procedures for un-
switch, the conveyor operator shall vis- attended equipment.
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ually check to make certain that all Mobile equipment shall not be left
persons are in the clear before starting unattended unless the controls are
the conveyor. placed in the park position and the
408
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Mine Safety and Health Admin., Labor 57.14214
under, or work from mobile equipment (c) Any place where the train opera-
in a raised position until the equip- tors vision is obscured.
ment has been blocked or mechanically
409
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57.14215 30 CFR Ch. I (7114 Edition)
Mine operators seeking further informa- 57.15005 Safety belts and lines.
tion regarding the construction and installa- Safety belts and lines shall be worn
tion of falling object protective structures when persons work where there is dan-
(FOPS) may consult the following national ger of falling; a second person shall
consensus standards, as applicable.
tend the lifeline when bins, tanks, or
other dangerous areas are entered.
MSHA STANDARD 57.14106, FALLING OBJECT
PROTECTION 57.15006 Protective equipment and
clothing for hazards and irritants.
Equipment National consensus standard
Special protective equipment and
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Front-end loaders Society of Automotive Engineers (SAE) special protective clothing shall be
and bulldozers. minimum performance criteria for
falling object protective structures provided, maintained in a sanitary and
(FOPS) SAE J231January, 1981. reliable condition and used whenever
410
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Mine Safety and Health Admin., Labor 57.16003
411
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57.16004 30 CFR Ch. I (7114 Edition)
412
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Mine Safety and Health Admin., Labor 57.18028
When persons are working at the 57.18028 Mine emergency and self-
mine, a competent person designated rescuer training.
by the mine operator shall be in at- (a) On an annual basis, all persons
tendance to take charge in case of an who are required to go underground
emergency. shall be instructed in the Mine Safety
and Health Administration approved
57.18010 First aid. course contained in Bureau of Mines
An individual capable of providing Instruction Guide 19, Mine Emergency
first aid shall be available on all shifts. Training (September 1972). The in-
The individual shall be currently struction shall be given by MSHA per-
trained and have the skills to perform sonnel or by persons who are certified
patient assessment and artificial res- by the District Manager of the area in
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413
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57.19000 30 CFR Ch. I (7114 Edition)
in the Mine Safety and Health Admin- rials, the appropriate standards should
istration course contained in Bureau of be applied.
Mines Instruction Guide 2, MSA W65 (b) Standards 57.19021 through 57.19028
Self-Rescuer (March 1972) or Bureau shall apply to wire ropes in service
of Mines Instruction Guide 3, Permis- used to hoist
sible Drager 810 Respirator for Self- (1) Persons in shafts and slopes un-
Rescue (March 1972). The instruction derground;
shall be given by MSHA personnel or (2) Persons with an incline hoist on
by persons who are certified by the Dis- the surface; or
trict Manager of the area in which the (3) Loads in shaft or slope develop-
mine is located: Provided, however, ment when persons work below sus-
That if a Mine Safety and Health Ad- pended loads.
ministration instructor or a certified (4) These standards do not apply to
instructor is not immediately available wire ropes used for elevators.
such instruction of new employees in
(c) Emergency hoisting facilities
self-rescuers may be conducted by
should conform to the extent possible
qualified company personnel who are
to safety requirements for other hoists,
not certified, but who have obtained
and should be adequate to remove the
provisional approval from the District
persons from the mine with a minimum
Manager. Any person who has not had
of delay.
self-rescuer instruction within 12
months immediately preceding going HOISTS
underground shall be instructed in the
use of self-rescuers before going under- 57.19001 Rated capacities.
ground.
(c) All instructional material, hand- Hoists shall have rated capacities
outs, visual aids, and other such teach- consistent with the loads handled and
ing accessories used by the operator in the recommended safety factors of the
the courses prescribed in paragraphs ropes used.
(a) and (b) of this section shall be
57.19002 Anchoring.
available for inspection by the Sec-
retary or his authorized representative. Hoists shall be anchored securely.
(d) Records of all instruction shall be
kept at the mine site or nearest mine 57.19003 Driving mechanism connec-
office at least 2 years from the date of tions.
instruction. Upon completion of such Belt, rope, or chains shall not be used
instruction, copies of the record shall to connect driving mechanisms to man
be submitted to the District Manager. hoists.
(e) The Bureau of Mines instruction
guides to which reference is made in 57.19004 Brakes.
items (a) and (b) of this standard are Any hoist used to hoist persons shall
hereby incorporated by reference and be equipped with a brake or brakes
made a part hereof. The incorporated which shall be capable of holding its
instruction guides are available and fully loaded cage, skip, or bucket at
shall be provided upon request made to any point in the shaft.
any Metal and Nonmetal Mine Safety
and Health district office. 57.19005 Locking mechanism for
[50 FR 4082, Jan. 29, 1985, as amended at 71 clutch.
FR 16667, Apr. 3, 2006] The operating mechanism of the
clutch of every man-hoist drum shall
Subpart RPersonnel Hoisting be provided with a locking mechanism,
or interlocked electrically or mechani-
57.19000 Application. cally with the brake to prevent acci-
(a) The hoisting standards in this dental withdrawal of the clutch.
subpart apply to those hoists and ap-
purtenances used for hoisting persons. 57.19006 Automatic hoist braking de-
vices.
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Mine Safety and Health Admin., Labor 57.19021
the brakes in the event of power fail- ance and arranged to prevent over-
ure. travel in the event of failure of other
devices.
57.19007 Overtravel and overspeed
devices. 57.19017 Emergency braking for elec-
All man hoists shall be provided with tric hoists.
devices to prevent overtravel. When Each electric hoist shall be equipped
utilized in shafts exceeding 100 feet in with a manually-operable switch that
depth, such hoists shall also be pro- will initiate emergency braking action
vided with overspeed devices. to bring the conveyance and the coun-
terbalance safely to rest. This switch
57.19008 Friction hoist synchronizing shall be located within reach of the
mechanisms. hoistman in case the manual controls
Where creep or slip may alter the ef- of the hoist fail.
fective position of safety devices, fric-
tion hoists shall be equipped with syn- 57.19018 Overtravel by-pass switches.
chronizing mechanisms that recali- When an overtravel by-pass switch is
brate the overtravel devices and posi- installed, the switch shall function so
tion indicators. as to allow the conveyance to be moved
through the overtravel position when
57.19009 Position indicator. the switch is held in the closed position
An accurate and reliable indicator of by the hoistman. The overtravel by-
the position of the cage, skip, bucket, pass switch shall return automatically
or cars in the shaft shall be provided. to the open position when released by
the hoistman.
57.19010 Location of hoist controls.
Hoist controls shall be placed or WIRE ROPES
housed so that the noise from machin-
ery or other sources will not prevent AUTHORITY: Sec. 101, Federal Mine Safety
hoistmen from hearing signals. and Health Act of 1977, Pub. L. 91173 as
amended by Pub. L. 95164, 91 Stat. 1291 (30
57.19011 Drum flanges. U.S.C. 811).
pered guides or other approved devices For rope lengths 3,000 feet or greater: Min-
imum Value=Static Load4.0.
shall be installed above and below the
limits of regular travel of the convey- (b) Friction drum ropes.
415
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57.19022 30 CFR Ch. I (7114 Edition)
For rope lengths less than 4,000 feet: Min- (d) At the completion of each exam-
imum Value=Static Load(7.00.0005L) ination required by paragraph (a) of
For rope lengths 4,000 feet or greater: Min- this section, the person making the ex-
imum Value=Static Load5.0.
amination shall certify, by signature
(c) Tail ropes (balance ropes). and date, that the examination has
been made. If any condition listed in
Minimum Value=Weight of Rope7.0
paragraph (a) of this section is present,
57.19022 Initial measurement. the person conducting the examination
shall make a record of the condition
After initial rope stretch but before and the date. Certifications and records
visible wear occurs, the rope diameter of examinations shall be retained for
of newly installed wire ropes shall be one year.
measured at least once in every third
(e) The person making the measure-
interval of active length and the meas-
ments or nondestructive tests as re-
urements averaged to establish a base-
quired by paragraph (c) of this section
line for subsequent measurements. A
shall record the measurements or test
record of the measurements and the
results and the date. This record shall
date shall be made by the person tak-
be retained until the rope is retired
ing the measurements. This record
from service.
shall be retained until the rope is re-
tired from service. 57.19024 Retirement criteria.
[50 FR 4082, Jan. 29, 1985, as amended at 60 Unless damage or deterioration is re-
FR 33722, June 29, 1995] moved by cutoff, wire ropes shall be re-
57.19023 Examinations. moved from service when any of the
following conditions occurs:
(a) At least once every fourteen cal- (a) The number of broken wires with-
endar days, each wire rope in service in a rope lay length, excluding filler
shall be visually examined along its en- wires, exceeds either
tire active length for visible structural (1) Five percent of the total number
damage, corrosion, and improper lubri- of wires; or
cation or dressing. In addition, visual (2) Fifteen percent of the total num-
examination for wear and broken wires ber of wires within any strand.
shall be made at stress points, includ-
(b) On a regular lay rope, more than
ing the area near attachments, where
one broken wire in the valley between
the rope rests on sheaves, where the
strands in one rope lay length.
rope leaves the drum, at drum cross-
(c) A loss of more than one-third of
overs, and at change-of-layer regions.
the original diameter of the outer
When any visible condition that results
wires.
in a reduction of rope strength is
present, the affected portion of the (d) Rope deterioration from corro-
rope shall be examined on a daily basis. sion.
(b) Before any person is hoisted with (e) Distortion of the rope structure.
a newly installed wire rope or any wire (f) Heat damage from any source.
rope that has not been examined in the (g) Diameter reduction due to wear
previous fourteen calendar days, the that exceeds six percent of the baseline
wire rope shall be examined in accord- diameter measurement.
ance with paragraph (a) of this section. (h) Loss of more than ten percent of
(c) At least once every six months, rope strength as determined by non-
nondestructive tests shall be conducted destructive testing.
of the active length of the rope, or rope
diameter measurements shall be 57.19025 Load end attachments.
made (a) Wire rope shall be attached to the
(1) Wherever wear is evident; load by a method that develops at least
(2) Where the hoist rope rests on 80 percent of the nominal strength of
sheaves at regular stopping points; the rope.
(3) Where the hoist rope leaves the (b) Except for terminations where use
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Mine Safety and Health Admin., Labor 57.19054
means either the manufacturers origi- allow for all dead loads, live loads, and
nal design or a design approved by a wind loads.
registered professional engineer
(c) Load end attachment methods 57.19036 Headframe height.
using splices are prohibited. Headframes shall be high enough to
provide clearance for overtravel and
57.19026 Drum end attachment. safe stopping of the conveyance.
(a) For drum end attachment, wire
rope shall be attached 57.19037 Fleet angles.
(1) Securely by clips after making Fleet angles on hoists installed after
one full turn around the drum spoke; November 15, 1979, shall not be greater
(2) Securely by clips after making than one and one-half degrees for
one full turn around the shaft, if the smooth drums or two degrees for
drum is fixed to the shaft; or grooved drums.
(3) By properly assembled anchor
57.19038 Platforms around elevated
bolts, clamps, or wedges, provided that head sheaves.
the attachment is a design feature of
the hoist drum. Design feature means Platforms with toeboards and hand-
either the manufacturers original de- rails shall be provided around elevated
sign or a design approved by a reg- head sheaves.
istered professional engineer.
CONVEYANCES
(b) A minimum of three full turns of
wire rope shall be on the drum when 57.19045 Metal bonnets.
the rope is extended to its maximum
Man cages and skips used for hoisting
working length.
or lowering employees or other persons
57.19027 End attachment retermi- in any vertical shaft or any incline
nation. shaft with an angle of inclination of
forty-five degrees from the horizontal,
Damaged or deteriorated wire rope shall be covered with a metal bonnet.
shall be removed by cutoff and the rope
reterminated where there is 57.19049 Hoisting persons in buckets.
(a) More than one broken wire at an Buckets shall not be used to hoist
attachment; persons except during shaft sinking op-
(b) Improper installation of an at- erations, inspection, maintenance, and
tachment; repairs.
(c) Slippage at an attachment; or
(d) Evidence of deterioration from 57.19050 Bucket requirements.
corrosion at an attachment. Buckets used to hoist persons during
vertical shaft sinking operations
57.19028 End attachment replace-
ment. shall
(a) Be securely attached to a cross-
Wire rope attachments shall be re- head when traveling in either direction
placed when cracked, deformed, or ex- between the lower and upper crosshead
cessively worn. parking locations;
(b) Have overhead protection when
57.19030 Safety device attachments. the shaft depth exceeds 50 feet;
Safety device attachments to hoist (c) Have sufficient depth or a suit-
ropes shall be selected, installed, and ably designed platform to transport
maintained according to manufactur- persons safely in a standing position;
ers specifications to minimize internal and
corrosion and weakening of the hoist (d) Have devices to prevent acci-
rope. dental dumping where the bucket is
supported by a bail attached to its
HEADFRAMES AND SHEAVES lower half.
57.19035 Headframe design.
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57.19055 30 CFR Ch. I (7114 Edition)
57.19058 Experienced hoist opera- Persons shall not enter or leave con-
tors. veyances which are in motion or after
a signal to move the conveyance has
Only experienced hoistmen shall op- been given to the hoistman.
erate the hoist except in cases of emer-
gency and in the training of new 57.19070 Closing cage doors or gates.
hoistmen.
Cage doors or gates shall be closed
57.19061 Maximum hoisting speeds. while persons are being hoisted; they
shall not be opened until the cage has
The safe speed for hoisting persons
come to a stop.
shall be determined for each shaft, and
this speed shall not be exceeded. Per- 57.19071 Riding in skips or buckets.
sons shall not be hoisted at a speed
faster than 2,500 feet per minute, ex- Persons shall not ride in skips or
cept in an emergency. buckets with muck, supplies, mate-
rials, or tools other than small hand
57.19062 Maximum acceleration and tools.
deceleration.
Maximum normal operating accelera- 57.19072 Skips and cages in same
tion and deceleration shall not exceed 6 compartment.
feet per second per second. During When combinations of cages and
emergency braking, the deceleration skips are used in the same compart-
shall not exceed 16 feet per second per ment, the cages shall be enclosed to
second. protect personnel from flying material
and the hoist speed reduced to man-
57.19063 Persons allowed in hoist speed as defined in standard 57.19061,
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Mine Safety and Health Admin., Labor 57.19093
57.19074 Riding the bail, rim, bonnet, 57.19081 Conveyances not in use.
or crosshead. When conveyances controlled by a
Persons shall not ride the bail, rim, hoist operator are not in use, they
bonnet, or crosshead of any shaft con- shall be released and the conveyances
veyance except when necessary for in- shall be raised or lowered a suitable
spection and maintenance, and then distance to prevent persons from
boarding or loading the conveyances.
only when suitable protection for per-
sons is provided. 57.19083 Overtravel backout device.
57.19075 Use of open hooks. A manually operated device shall be
installed on each electric hoist that
Open hooks shall not be used to hoist will allow the conveyance or counter-
buckets or other conveyances. balance to be removed from an over-
travel position. Such device shall not
57.19076 Maximum speeds for hoist- release the brake, or brakes, holding
ing persons in buckets.
the overtravelled conveyance or coun-
When persons are hoisted in buckets, terbalance until sufficient drive motor
speeds shall not exceed 500 feet per torque has been developed to assure
minute and shall not exceed 200 feet movement of the conveyance or coun-
per minute when within 100 feet of the terbalance in the correct direction
intended station. only.
or skip, means for blocking cars shall 57.19093 Standard signal code.
be provided at all landings and also on A standard code of hoisting signals
the cage. shall be adopted and used at each mine.
419
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57.19094 30 CFR Ch. I (7114 Edition)
Shaft landings shall be equipped with 57.19109 Shaft inspection and repair.
substantial safety gates so constructed Shaft inspection and repair work in
that materials will not go through or vertical shafts shall be performed from
under them; gates shall be closed ex- substantial platforms equipped with
cept when loading or unloading shaft bonnets or equivalent overhead protec-
conveyances. tion.
57.19101 Stopblocks and derail 57.19110 Overhead protection for
switches. shaft deepening work.
Positive stopblocks or a derail switch A substantial bulkhead or equivalent
shall be installed on all tracks leading protection shall be provided above per-
to a shaft collar or landing. sons at work deepening a shaft.
57.19102 Shaft guides. 57.19111 Shaft-sinking ladders.
A means shall be provided to guide Substantial fixed ladders shall be
the movement of a shaft conveyance.
provided from the collar to as near the
57.19103 Dumping facilities and load- shaft bottom as practical during shaft-
ing pockets. sinking operations, or an escape hoist
powered by an emergency power source
Dumping facilities and loading pock- shall be provided. When persons are on
ets shall be constructed so as to mini- the shaft bottom, a chain ladder, wire
mize spillage into the shaft. rope ladder, or other extension ladders
57.19104 Clearance at shaft stations. shall be used from the fixed ladder or
lower limit of the escape hoist to the
Suitable clearance at shaft stations shaft bottom.
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Mine Safety and Health Admin., Labor 57.20001
421
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57.20002 30 CFR Ch. I (7114 Edition)
around mines. Persons under the influ- 57.20009 Tests for explosive dusts.
ence of alcohol or narcotics shall not
Dusts suspected of being explosive
be permitted on the job.
shall be tested for explosibility. If tests
57.20002 Potable water. prove positive, appropriate control
measures shall be taken.
(a) An adequate supply of potable
drinking water shall be provided at all 57.20010 Retaining dams.
active working areas.
(b) The common drinking cup and If failure of a water or silt retaining
containers from which drinking water dam will create a hazard, it shall be of
must be dipped or poured are prohib- substantial construction and inspected
ited. at regular intervals.
(c) Where single service cups are sup- 57.20011 Barricades and warning
plied, a sanitary container for unused signs.
cups and a receptacle for used cups
shall be provided. Areas where health or safety hazards
(d) When water is cooled by ice, the exist that are not immediately obvious
ice shall either be of potable water or to employees shall be barricaded, or
shall not come in contact with the warning signs shall be posted at all ap-
water. proaches. Warning signs shall be read-
(e) Potable water outlets shall be ily visible, legible, and display the na-
posted. ture of the hazard and any protective
(f) Potable water systems shall be action required.
constructed to prevent backflow or
57.20013 Waste receptacles.
backsiphonage of non-potable water.
Receptacles with covers shall be pro-
57.20003 Housekeeping. vided at suitable locations and used for
At all mining operations the disposal of waste food and associ-
(a) Workplaces, passageways, store- ated materials. They shall be emptied
rooms, and service rooms shall be kept frequently and shall be maintained in a
clean and orderly; clean and sanitary condition.
(b) The floor of every workplace shall
be maintained in a clean and, so far as 57.20014 Prohibited areas for food
and beverages.
possible, dry condition. Where wet
processes are used, drainage shall be No person shall be allowed to con-
maintained, and false floors, platforms, sume or store food or beverages in a
mats, or other dry standing places toilet room or in any area exposed to a
shall be provided where practicable; toxic material.
and
(c) Every floor, working place, and 57.20020 Unattended mine openings.
passageway shall be kept free from pro- Access to unattended mine openings
truding nails, splinters, holes, or loose shall be restricted by gates or doors, or
boards, as practicable. the openings shall be fenced and post-
ed.
57.20005 Carbon tetrachloride.
Carbon tetrachloride shall not be 57.20021 Abandoned mine openings.
used. Upon abandonment of a mine, the
owner or operator shall effectively
57.20008 Toilet facilities. close or fence off all surface openings
(a) Toilet facilities shall be provided down which persons could fall or
at locations that are compatible with through which persons could enter.
the mine operations and that are read- Upon or near all such safeguards, tres-
ily accessible to mine personnel. pass warnings and appropriate danger
(b) The facilities shall be kept clean notices shall be posted.
and sanitary. Separate toilet facilities
shall be provided for each sex except 57.20031 Blasting underground in
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Mine Safety and Health Admin., Labor 57.22003
in 173.53, 173.88, and 173.100 of Title 49 that operate within a combustible ore
of the Code of Federal Regulations body and have the potential to liberate
(1986 Edition). Blasting agents are sub- methane based on the history of the
423
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57.22003 30 CFR Ch. I (7114 Edition)
mine or geological area in which the (i) Subcategory II-A applies to domal
mine is located and in which salt mines where an outburst report-
(A) A concentration of 0.25 percent or able under 57.22004(c)(1) has occurred.
more methane has not been detected in (ii) Subcategory II-B applies to domal
the mine atmosphere; and salt mines where an outburst report-
(B) An ignition of methane has not able under 57.22004(c)(1) has not oc-
occurred. curred, but which have the potential
(iii) Subcategory I-C applies to mines for an outburst based on the history of
in which the product extracted is com- the mine or geological area in which
bustible and the dust has a volatile the mine is located.
matter content of 60 percent or more (3) Category III applies to mines in
measured on a moisture free basis1. which noncombustible ore is extracted
(2) Category II applies to domal salt and which liberate a concentration of
mines where the history of the mine or methane that is explosive, or is capable
geological area indicates the occur- of forming explosive mixtures with air,
rence of or the potential for an out- or have the potential to do so based on
burst. Category II is divided into Sub- the history of the mine or the geologi-
categories II-A and II-B as follows: cal area in which the mine is located.
The concentration of methane in such
1 Measured by the American Society for mines is explosive or is capable of
Testing and Materials, ASTM D 317582, forming explosive mixtures if mixed
Standard Test Method for Volatile Matter in with air as illustrated by Table 1
the Analysis Sample of Coal and Coke. (This below, entitled Relation Between
document is available at any Metal and
Nonmetal Mine Safety and Health District
Quantitative Composition and
Office of the Mine Safety and Health Admin- Explosibility of Mixtures of Methane
istration). and Air.
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Mine Safety and Health Admin., Labor 57.22003
425
EC21OC91.048</GPH>
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57.22004 30 CFR Ch. I (7114 Edition)
(A) A concentration of 0.25 percent or ment shall be sent to the mine oper-
more methane has not been detected in ator and the appropriate representative
the mine atmosphere; and of miners and shall include
(B) An ignition of methane has not (1) The category or subcategory;
occurred. (2) The reasons for placement or
(6) Category VI applies to mines in change in placement;
which the presence of methane has not (3) The data considered;
been established and are not included (4) The applicable standards and a
in another category or subcategory. time schedule for the mine operator to
(b) Category or subcategory place- achieve compliance;
ment or change in placement shall in- (5) Whether or not conditions encoun-
clude consideration of the following: tered during primary or access develop-
(1) The history and geology of the ment are transient or permanent; and
mine or of the geological area in which
(6) Notification of the right to appeal
the mine is located;
the Administrators determination
(2) The ore body and host rock;
under 57.22005.
(3) The character, amount, duration,
(b) The operator or the representa-
origin, and nature of methane emission
tive of the miners shall have the right
and the presence of explosive dust and
to request of the Administrator reas-
inert gases; and
signment of the mine to a more appro-
(4) Whether or not conditions encoun-
priate category or subcategory if,
tered during primary or access develop-
based on operating experience, the con-
ment are transient or permanent.
ditions set forth in 57.22003(b) indicate
(c)(1) Gas samples for the purpose of
that the hazards of methane exist
category or subcategory placement or
under circumstances more appro-
change in placement, and for deter-
priately governed by a different cat-
mining action levels, shall be taken in
egory or subcategory. In response to
the mine atmosphere. Gas samples
such a request, the procedures set forth
taken to determine the nature and ex-
in paragraph (d) of this section shall
tent of an occurrence under 57.22004
apply. While the request for category
(c) and (d) may be taken at any loca-
or subcategory reassignment is pend-
tion, including the source, point of
ing, the mine shall continue to operate
entry and the mine atmosphere.
under the standards for the category or
(2) Tests for methane shall be made
subcategory to which originally as-
with hand-held methanometers, meth-
signed.
ane monitors, atmospheric monitoring
systems, devices used to provide lab- (c) MSHA shall be notified as soon as
oratory analysis of samples, or with possible if any of the following events
other equally effective sampling de- occur:
vices. However, only methane samples (1) An outburst that results in 0.25
that have been confirmed by labora- percent or more methane in the mine
tory analysis shall be used for category atmosphere;
or subcategory placement or change in (2) A blowout that results in 0.25 per-
placement. cent or more methane in the mine at-
(d) Each mine and mill shall be re- mosphere;
quired to operate in accordance with (3) An ignition of methane; or
the safety standards applicable to its (4) Air sample results that indicate
particular category or subcategory. 0.25 percent or more methane in the
mine atmosphere of a Subcategory I-B,
57.22004 Category placement or I-C, II-B, V-B or Category VI mine.
change in placement. (d) The Administrator shall promptly
The Administrator for Metal and appoint an MSHA committee to inves-
Nonmetal Mine Safety and Health (Ad- tigate occurrences reported in accord-
ministrator) shall be responsible for ance with paragraph (c) of this section
category and subcategory placement, or requests filed in accordance with
change in placement, and notification paragraph (b) of this section. Upon
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Mine Safety and Health Admin., Labor 57.22005
may include an evaluation of the fol- a hearing shall be in writing and con-
lowing: tain the following information:
(1) Source, nature, and extent of oc- (1) Name, address, and mine identi-
currences; fication number;
(2) Conditions under which the inci- (2) A concise statement of the reason
dent occurred; why the Administrators determination
(3) Samples and tests; is inappropriate; and
(4) Physical conditions at the time of (3) A copy of the Administrators de-
the occurrence; termination.
(5) Charts, logs, and records related (c) The mine operator shall post a
to the occurrence; copy of the Administrators determina-
(6) Whether the occurrence is iso- tion and the request for a hearing on
lated, continuous, or could recur; the mine bulletin board, and shall
maintain the posting until the place-
(7) Conditions indicating that the
ment becomes final.
hazards of methane no longer exist or
(d) Promptly after receipt of the re-
exist under circumstances more appro-
quest for a hearing, the Assistant Sec-
priately governed by a different cat-
retary shall refer to the Chief Adminis-
egory or subcategory;
trative Law Judge, United States De-
(8) The geology of the mine and the
partment of Labor, the following:
geological area in which the mine is lo-
(1) The request for a hearing;
cated; and
(2) The Administrators determina-
(9) Statements by witnesses, com- tion; and
pany officials, employees, and other (3) All information upon which the
persons having knowledge of the mine Administrators determination was
or the occurrence. Representatives of based.
the mine operator, the miners and the (e) The hearing shall be regulated
appropriate State agency may partici- and conducted by an Administrative
pate in the investigation. Law Judge in accordance with 29 CFR
[52 FR, 24941, July 1, 1987, as amended at 52 part 18, entitled, Rules of Practice
FR 41397, Oct. 27, 1987; 60 FR 33722, June 29, and Procedure for Administrative
1995] Hearings Before the Office of Adminis-
trative Law Judges. Once the Admin-
57.22005 Notice and appeal of place- istrative Law Judge has made an ini-
ment or change in placement. tial decision and served each party, the
(a) The Administrators determina- decision shall be final on the 30th day
tion of category or subcategory place- after service, unless discretionary re-
ment or change in placement shall be- view is undertaken by the Assistant
come final upon the 30th day after it is Secretary or an appeal is filed by the
served on the mine operator and rep- mine operator or representative of the
resentative of miners, unless a request miners under paragraph (f) of this sec-
for a hearing has been filed. Service of tion.
the Administrators determination is (f) Within 30 days after service of an
complete upon mailing by registered or initial decision of an Administrative
certified mail, return receipt re- Law Judge, the Assistant Secretary for
quested. Mine Safety and Health may undertake
(b) The mine operator or representa- a discretionary review of the initial de-
tive of miners may obtain review of the cision, or the mine operator, or rep-
Administrators determination by fil- resentative of the miners may appeal
ing a request for a hearing with the As- the initial decision of the Administra-
sistant Secretary of Labor for Mine tive Law Judge to the Assistant Sec-
Safety and Health, Mine Safety and retary.
Health Administration, 1100 Wilson (1) The Assistant Secretary shall give
Blvd., Room 2322, Arlington, Virginia notice of discretionary review to the
222093939 within 30 days of the Admin- mine operator and representative of
istrators determination. Service of a the miners. The mine operator or rep-
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request for hearing is completed upon resentative of the miners shall give no-
mailing by registered or certified mail, tice of an appeal to the other party.
return receipt requested. Requests for The notice shall specify the suggested
427
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57.22101 30 CFR Ch. I (7114 Edition)
changes and refer to the specific find- standards applicable to the category to
ings of fact, conclusions of law, and which presently assigned until cat-
terms of the initial decision to be re- egory placement is final.
viewed or appealed. The Assistant Sec-
[52 FR 24941, July 1, 1987; 52 FR 27903, July 24,
retary shall fix a time for filing any ob- 1987, as amended at 67 FR 38385, June 4, 2002]
jections to the suggested changes and
supporting reasons. FIRE PREVENTION AND CONTROL
(2) The Assistant Secretary shall
promptly notify the Administrative NOTE: The Category or Subcategory appli-
Law Judge of a discretionary review or cability of each standard appears in the pa-
rentheses of each standards title line].
an appeal. The entire record of the pro-
ceedings shall be transmitted to the 57.22101 Smoking (I-A, II-A, III, and
Assistant Secretary for review. V-A mines).
(3) The Assistant Secretary shall
make the final decision based upon Persons shall not smoke or carry
consideration of the record of the pro- smoking materials, matches, or light-
ceedings. The final decision may af- ers underground. The operator shall in-
firm, modify, or set aside in whole or in stitute a reasonable program to assure
part, the findings and conclusions con- that persons entering the mine do not
tained in the initial decision. A state- carry such items.
ment of reasons for the action taken 57.22102 Smoking (I-C mines).
shall be included in the final decision.
The final decision shall be served upon (a) Persons shall not smoke or carry
the mine operator and representative smoking materials, matches, or light-
of the miners. ers underground or within 50 feet of a
(g) Unless a decision by the Adminis- mine opening. The operator shall insti-
trator for Metal and Nonmetal Mine tute a reasonable program to assure
Safety and Health, or the initial deci- that persons entering the mine do not
sion of the Administrative Law Judge, carry such items.
is appealed within 30 days, it becomes (b) Smoking is prohibited in surface
final, and is not subject to judicial re- milling facilities except in designated,
view for the purposes of 5 U.S.C. 704. dust-free smoking areas.
Only a decision by the Assistant Sec-
retary shall be considered final Agency 57.22103 Open flames (I-A, II-A, III,
and V-A mines).
action for purposes of judicial review.
Any such appeal must be filed in the Open flames shall not be permitted
appropriate circuit of the United underground except for welding, cut-
States Court of Appeal. ting, and other maintenance oper-
(h) While a final decision of category ations, and for igniting underground
placement is pending the following pro- retorts in a Subcategory I-A mine.
cedures shall apply: When using open flames in other than
(1) Where a mine has been classified fresh air, or in places where methane
as gassy prior to the effective date of may enter the air current, tests for
these standards, existing gassy mines methane shall be conducted by a com-
standards 30 CFR 57.21001 through petent person before work is started
57.21101 (1986 Edition) shall continue to and every 10 minutes until the job is
be applicable until placement is final. completed. Continuous methane mon-
(2) Where a mine has not been classi- itors with audible alarms may be used
fied as gassy prior to the effective date after the initital test has been con-
of these standards and it is placed in ducted as an alternative to the ten-
Categories I through V, the mine shall minute interval testing requirement.
comply with Category VI standards Open flames shall not be used in
( 57.22231, 57.22232, 57.22236, and atmospheres containing 0.5 percent or
57.22238) until placement is final. more methane.
(3) Where a mine has been classified
in Categories I through V after the ef- 57.22104 Open flames (I-C mines).
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fective date of these standards and cat- (a) Open flames, including cutting
egory reassignment is being consid- and welding, shall not be used under-
ered, the mine shall comply with the ground.
428
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Mine Safety and Health Admin., Labor 57.22204
(b) Welding and cutting shall not be would be created by an explosion un-
done within 50 feet of a mine opening derground. The area of the doors or
unless all persons are out of the mine weak-wall shall be at least equivalent
and the mine opening is covered. The to the average cross-sectional area of
cover shall be a substantial material, the airway.
such as metal or wood, topped with a (c) (1) All main fan-related electrical
layer of wetted material to prevent equipment and cables located within or
sparks and flames from entering the exposed to the forward or reverse air-
mine opening. stream shall be approved by MSHA
under the appliable requirements of 30
57.22105 Smoking and open flames
(IV mines). CFR part 18;
(2) Drive belts and nonmetallic fan
Smoking or open flames shall not be blades shall be constructed of static-
permitted in a face or raise, or during
conducting material; and
release of gas from a borehole until
tests have been conducted in accord- (3) Aluminum alloy fan blades shall
ance with 57.22226 and the methane not contain more than 0.5 percent mag-
level has been determined to be below nesium. [Paragraph (c)(3) of this sec-
0.5 percent. tion does not apply to Subcategory I-C
mines].
57.22106 Dust containing volatile (d) When an internal combustion en-
matter (I-C mines). gine is used to power a main fan or as
Dust containing volatile matter shall standby power, the engine shall be
not be allowed to accumulate on the (1) Installed in a noncombustible
surfaces of enclosures, facilities, or housing;
equipment used in surface milling in (2) Protected from a possible fuel
amounts that, if suspended in air, supply fire or explosion; and
would become an explosive mixture. An (3) Located out of direct line with the
explosive mixture of dust containing forward and reverse airstream provided
volatile matter is 0.02 ounce or more by the fan. Engine exhaust gases shall
per cubic foot of air. be vented to the atomsphere so that ex-
haust cannot contaminate mine intake
VENTILATION
air.
57.22201 Mechanical ventilation (I-A, (e) For Subcategory I-A mines only:
I-B, I-C, II-A, II-B, III, IV, V-A, and Main exhaust fans shall be equipped
V-B mines). with methane monitors to give an
All mines shall be ventilated me- alarm when methane in the return air
chanically. reaches 0.5 percent. The alarm shall be
located so that it can be seen or heard
57.22202 Main fans (I-A, I-B, I-C, II-A, by a person designated by the mine op-
III, V-A, and V-B mines). erator.
(a) Main fans shall be
[52 FR, 24941, July 1, 1987, as amended at 52
(1) Installed on the surface in non- FR 41397, Oct. 27, 1987]
combustible housings provided with
noncombustible air ducts; 57.22203 Main fan operation (I-C
(2) Except in Subcategory I-A mines, mines).
provided with an automatic signal de-
vice to give an alarm when the fan Main fans shall be operated continu-
stops. The signal device shall be lo- ously while ore production is in
cated so that it can be seen or heard by progress.
a person designated by the mine oper-
57.22204 Main fan operation and in-
ator. spection (I-A, II-A, III, and V-A
(b) Fan installations shall be mines).
(1) Offset so that the fan and its asso-
ciated components are not in direct Main fans shall be
line with possible explosive forces; (a) Provided with a pressure-record-
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57.22205 30 CFR Ch. I (7114 Edition)
of inspections shall be made by signa- (i) 1.0 percent at the fan in Sub-
ture and date. Certifications and pres- category I-A, Category III, and Sub-
sure recordings shall be retained for at category V-A mines; and
least one year and made available to an (ii) 0.5 percent at the fan in Sub-
authorized representative of the Sec- category II-A mines.
retary. (2) Equipped with a device that auto-
[52 FR, 24941, July 1, 1987, as amended at 52
matically deenergizes power in affected
FR 41397, Oct. 27, 1987; 60 FR 33722, June 29, workings should the fan stop; and
1995] (3) Equipped with starting and stop-
ping controls located at the fan and at
57.22205 Doors on main fans (I-A, II- another accessible remote location.
A, III, and V-A mines). (b) Booster fan installations, except
In mines ventilated by multiple main for booster fans installed in ducts,
fans, each main fan installation shall shall be
be equipped with noncombustible (1) Provided with doors which open
doors. Such doors shall automatically automatically when all fans in the in-
close to prevent air reversal through stallation stop; and
the fan. The doors shall be located so (2) Provided with an air lock when
that they are not in direct line with ex- passage through the fan bulkhead is
plosive forces which could come out of necessary.
the mine.
57.22208 Auxiliary fans (I-A, II-A, III,
57.22206 Main ventilation failure (I- and V-A mines).
A, II-A, III, and V-A mines). (a) Auxiliary fans, except fans used in
(a) When there has been a main ven- shops and other areas which have been
tilation failure, such as stoppage of so designed that methane cannot enter
main fans or failure of other compo- the airway, shall be approved by MSHA
nents of the main ventilation system, under the applicable requirements of 30
tests for methane shall be conducted in CFR part 18, and be operated so that
affected active workings until normal recirculation is minimized. Auxiliary
air flow has resumed. fans shall not be used to ventilate work
(b) If a total failure of ventilation oc- places during the interruption of nor-
curs while all persons are out of the mal mine ventilatioin.
mine and the failure lasts for more (b) Tests for methane shall be made
than 30 minutes, only competent per- at auxiliary fans before they are start-
sons shall be allowed underground to ed.
examine the mine or to make nec-
57.22209 Auxiliary fans (I-C mines).
essary ventilation changes. Other per-
sons may reenter the mine after the Electric auxiliary fans shall be ap-
main fans have been operational for at proved by MSHA under the applicable
least 30 minutes, or after the mine at- requirements of 30 CFR part 18. Tests
mosphere has been tested and contains for methane shall be made at electric
less than 1.0 percent methane. Persons auxiliary fans before they are started.
other than examiners shall not reenter Such fans shall not be operated when
a Subcategory II-A mine until the air passing over or through them con-
methane level is less than 0.5 percent. tains 0.5 percent or more methane.
57.22207 Booster fans (I-A, II-A, III, 57.22210 In-line filters (I-C mines).
and V-A mines). Filters or separators shall be in-
(a) Booster fans shall be approved by stalled on air-lift fan systems to pre-
MSHA under the applicable require- vent explosive concentrations of dust
ments of 30 CFR part 18, and be from passing through the fan.
(1) Provided with an automatic signal
device located so that it can be seen or 57.22211 Air flow (I-A mines).
heard by a person designated by the The average air velocity in the last
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mine operator to give an alarm when open crosscut in pairs or sets of devel-
the fan stops or when methane reaches oping entries, or through other ventila-
the following levels: tion openings nearest the face, shall be
430
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Mine Safety and Health Admin., Labor 57.22218
at least 40 feet per minute. The veloc- equivalent, and provided with pressure-
ity of air ventilating each face at a relief devices.
work place shall be at least 20 feet per (b) During development of openings
minute. to the surface
(1) Ventilation tubing approved by
57.22212 Air flow (I-C, II-A, and V-A MSHA in accordance with 30 CFR part
mines). 7 or previously issued a BC or VT ac-
Air flow across each working face ceptance number by the MSHA Ap-
shall be sufficient to carry away any proval and Certification Center may be
accumulation of methane, smoke, used for separation of main air cur-
fumes, and dust. rents in the same opening. Flexible
ventilation tubing shall not exceed 250
57.22213 Air flow (III mines). feet in length.
(2) Only development related to mak-
The quantity of air coursed through ing a primary ventilation connection
the last open crosscut in pairs or sets may be performed beyond 250 feet of
of entries, or through other ventilation the shaft.
openings nearest the face, shall be at
least 6,000 cubic feet per minute, or [52 FR 24941, July 1, 1987, as amended at 54
9,000 cubic feet per minute in longwall FR 30508, July 20, 1989]
and continuous miner sections. The 57.22216 Separation of intake and re-
quantity of air across each face at a turn air (I-C mines).
work place shall be at least 2,000 cubic
feet per minute. The main intake and return air cur-
rents in single shafts shall be separated
57.22214 Changes in ventilation (I-A, by ventilation tubing, curtain walls, or
II-A, III, and V-A mines). partitions. Ventilation tubing shall be
constructed of noncombustible mate-
(a) Changes in ventilation which af- rial. Curtain walls or partitions shall
fect the main air current or any split be constructed of reinforced concrete
thereof and which adversely affect the or other noncombustible equivalent,
safety of persons in the mine shall be and provided with pressure-relief de-
made only when the mine is idle. vices.
(b) Only persons engaged in making
such ventilation changes shall be per- 57.22217 Seals and stoppings (I-A, I-
mitted in the mine during changes. B, and I-C mines).
(c) Power shall be deenergized in af- All seals, and those stoppings that
fected areas prior to making ventila- separate main intake from main return
tion changes, except power to moni- airways, shall be of substantial con-
toring equipment determined by MSHA struction and constructed of non-
to be intrinsically safe under 30 CFR combustible materials, except that
part 18. Power shall not be restored stoppings constructed of brattice mate-
until the results of the change have rials may be used in face areas.
been determined and a competent per-
son has examined affected working 57.22218 Seals and stoppings (III, V-
places for methane. A, and V-B mines).
(a) All seals, and those stoppings that
57.22215 Separation of intake and re- separate main intake from main return
turn air (I-A, II-A, III, and V-A airways, shall be of substantial con-
mines).
struction, except that stoppings con-
Main intake and return air currents structed of brattice materials may be
shall be coursed through separate mine used in face areas.
openings and shall be separated (b) Exposed surfaces on the intake
throughout the mine, except side of stoppings constructed of com-
(a) Where multiple shafts are used for bustible materials or foam-type blocks
ventilation and a single shaft contains shall be coated with at least one inch
a curtain wall or partition for separa- of construction plaster containing per-
rmajette on DSK2TPTVN1PROD with CFR
tion of air currents. Such wall or parti- lite and gypsum; at least one inch of
tion shall be constructed of reinforced expanded vermiculite, Portland cement
concrete or other noncombustible and limestone; or other coatings with
431
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57.22219 30 CFR Ch. I (7114 Edition)
and
Overcasts and undercasts shall be (b) Upon initial release of gas into
(a) Of substantial construction; the mine atmosphere from boreholes.
432
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Mine Safety and Health Admin., Labor 57.22230
57.22227 Approved testing devices (I- mine shall be approved by MSHA under
A, I-B, I-C, II-A, II-B, III, IV, V-A, the applicable requirements of 30 CFR
and V-B mines). parts 18 through 36.
(a) Methane monitoring devices and [52 FR, 24941, July 1, 1987, as amended at 53
portable, battery-powered, self-con- FR 9615, Mar. 24, 1988]
tained devices used for measuring
methane, other gases, and contami- 57.22229 Weekly testing (I-A, III, and
nants in mine air shall be approved by V-A mines).
MSHA under the applicable require- (a) The mine atmosphere shall be
ments of 30 CFR parts 18, 21, 22, 23, 27, tested for methane and carbon mon-
and 29. Such devices shall be main- oxide at least once every seven days by
tained in accordance with manufactur- a competent person or an atmospheric
ers instructions, or an equivalent monitoring system, or a combination
maintenance and calibration proce- of the two. Such testing shall be done
dure. at the following locations:
(b)(1) Flame safety lamps shall not be (1) The return of each split where it
used to test for methane except as sup- enters the main return;
plementary devices. (2) Adjacent to retreat areas, if acces-
(2) Flame safety lamps shall not be sible;
used in Subcategory I-C mines. (3) At least one seal of each sealed
(c)(1) If electrically powered, remote area, if accessible;
sensing devices are used, that portion (4) Main returns;
of the instrument located in return air (5) At least one entry of each intake
or other places where combustible and return;
gases may be present shall be approved (6) Idle workings; and
by MSHA under the applicable require- (7) Return air from unsealed aban-
ments of 30 CFR parts 18, 22, 23, 27, and doned workings.
29. (b) The volume of air (velocity in
(2) If air samples are delivered to re- Subcategory I-A mines) shall be meas-
mote analytical devices through sam- ured at least once every seven days by
pling tubes, such tubes shall be pro- a competent person. Such measure-
vided with in-line flame arrestors. ment shall be done at the following lo-
Pumping equipment and analytical in- cations:
struments shall be located in intake (1) Entering main intakes;
air. (2) Leaving main returns;
(3) Entering each main split;
57.22228 Preshift examination (I-A, I- (4) Returning from each main split;
C, II-A, III, and V-A mines). and
(a) Preshift examinations shall be (5) In the last open crosscuts or other
conducted within three hours prior to ventilation openings nearest the active
the start of the shift for which the ex- faces where the air enters the return.
amination is being made. (c) Where such examinations disclose
(b) Prior to the beginning of a shift hazardous conditions, affected persons
following an idle shift, a competent shall be informed and corrective action
person shall test the mine atmosphere shall be taken.
for methane at all work places before (d) Certification of examinations
persons other than examiners enter the shall be made by signature and date.
mine. Certifications shall be retained for at
(c) When one shift immediately fol- least one year and made available to
lows another, a competent person shall authorized representatives of the Sec-
test the mine atmosphere at each ac- retary.
tive working face for methane before [52 FR, 24941, July 1, 1987, as amended at 52
work is started on that shift. FR 41397, Oct. 27, 1987]
(d) A competent person shall test the
mine atmosphere at each face blasted 57.22230 Weekly testing (II-A mines).
before work is started. (a) The mine atmosphere shall be
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(e) Except in Subcategory I-C or Cat- tested for methane at least once every
egory III mines, vehicles used for seven days by a competent person or an
transportation when examining the atmospheric monitoring system, or a
433
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57.22231 30 CFR Ch. I (7114 Edition)
combination of the two. Such testing 57.22234 Actions at 1.0 percent meth-
shall be done at the following loca- ane (I-A, I-B, III, V-A, and V-B
tions: mines).
(1) Active mining faces and benches; (a) If methane reaches 1.0 percent in
(2) Main returns; the mine atmosphere, ventilation
(3) Returns from idle workings; changes shall be made to reduce the
(4) Returns from abandoned work- methane. Until such changes are
ings; and achieved
(5) Seals. (1) All persons other than competent
(b) Where such examinations disclose persons necessary to make the ventila-
hazardous conditions, affected persons tion changes shall be withdrawn from
shall be informed and corrective action affected areas;
shall be taken. (2) Electrical power shall be deener-
(c) Certification of examinations gized in affected areas, except power to
shall be made by signature and date. monitoring equipment determined by
Certifications shall be kept for at least MSHA to be intrinsically safe under 30
one year and made available to author- CFR part 18; and
ized representatives of the Secretary. (3) Diesel equipment shall be shut off
[52 FR, 24941, July 1, 1987, as amended at 52 or immediately removed from the area.
FR 41397, Oct. 27, 1987; 60 FR 33723, June 29, (b) If methane reaches 1.0 percent at
1995] a main exhaust fan, electrical power
underground shall be deenergized, ex-
57.22231 Actions at 0.25 percent cept power to monitoring equipment
methane (I-B, II-B, V-B, and VI determined by MSHA to be intrinsi-
mines).
cally safe under 30 CFR part 18, and all
If methane reaches 0.25 percent in the persons shall be withdrawn from the
mine atmosphere, changes shall be mine.
made to improve ventilation, and (c) If methane reaches 1.0 percent at
MSHA shall be notified immediately. a work place and there has been a fail-
ure of the main ventilation system, all
57.22232 Actions at 0.5 percent meth- persons shall be withdrawn from the
ane (I-B, II-A, II-B, IV, V-B, and VI
mines). mine.
If methane reaches 0.5 percent in the [52 FR, 24941, July 1, 1987, as amended at 53
FR 9615, Mar. 24, 1988]
mine atmosphere, ventilation changes
shall be made to reduce the level of 57.22235 Actions at 1.0 percent meth-
methane. Until methane is reduced to ane (I-C, II-A, II-B, and IV mines).
less than 0.5 percent, electrical power
shall be deenergized in affected areas, (a) If methane reaches 1.0 percent in
except power to monitoring equipment the mine atmoshpere, all persons other
determined by MSHA to be intrinsi- than competent persons necessary to
cally safe under 30 CFR part 18. Diesel make ventilation changes shall be
equipment shall be shut off or imme- withdrawn from affected areas until
diately removed from the area and no methane is reduced to less than 0.5 per-
other work shall be permitted in af- cent.
fected areas. (b) If methane reaches 1.0 percent at
a work place and there has been a fail-
[52 FR 24941, July 1, 1987; 52 FR 27903, July 24, ure of the main ventilation system, all
1987] persons shall be withdrawn from the
57.22233 Actions at 0.5 percent meth- mine.
ane (I-C mines). 57.22236 Actions at 1.0 percent meth-
If methane reaches 0.5 percent in the ane (VI mines).
mine atmosphere, ventilation changes If methane reaches 1.0 percent in the
shall be made to reduce the level of mine atmosphere, all persons other
methane. Until methane is reduced to than competent persons necessary to
less than 0.5 percent, no other work make ventilation changes shall be
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Mine Safety and Health Admin., Labor 57.22301
57.22237 Actions at 2.0 to 2.5 percent (2) 200 feet of an unsurveyed aban-
methane in bleeder systems (I-A doned mine or abandoned workings
and III mines). which cannot be inspected.
If methane reaches 2.0 percent in (b) Boreholes shall be drilled in such
bleeder systems at the point where a a manner to insure that the advancing
bleeder split enters a main return split, face will not accidently break into an
mining shall not be permitted on ven- abandoned mine or abandoned working.
tilation splits affected by the bleeder
system. If methane has not been re- EQUIPMENT
duced to less than 2.0 percent within 30 57.22301 Atmospheric monitoring
minutes, or if methane levels reach 2.5 systems (I-A, II-A, and V-A mines).
percent, all persons other than com-
petent persons necessary to take cor- (a) An atmospheric monitoring sys-
rective action shall be withdrawn from tem shall be installed to provide sur-
affected areas. face readings of methane concentra-
tions in the mine atmosphere from un-
57.22238 Actions at 2.0 percent meth- derground locations. Components of
ane (I-B, II-B, V-B, and VI mines). the system shall be approved by MSHA
If methane reaches 2.0 percent in the under the applicable requirements of 30
mine atmosphere, all persons other CFR parts 18, 22, 23, and 27; or be deter-
than competent persons necessary to mined by MSHA under 30 CFR part 18
make ventilation changes shall be to be intrinsically safe or explosion-
withdrawn from the mine until meth- proof.
ane is reduced to less than 0.5 percent. (b) Atmospheric monitoring systems
shall
57.22239 Actions at 2.0 percent meth- (1) Give warnings on the surface and
ane (IV mines). underground when methane at any sen-
If methane reaches 2.0 percent in the sor reaches 0.5 percent or more, and
mine atmosphere, all persons other when power to a sensor is interrupted.
than competent persons necessary to Warning devices shall be located so
make ventilation changes shall be that they can be seen and heard by a
withdrawn from the mine until meth- person designated by the mine oper-
ane is reduced to less than 0.5 percent. ator; and
MSHA shall be notified immediately. (2) Automatically deenergize power
in affected areas, except power to mon-
[52 FR, 24941, July 1, 1987, as amended at 52 itoring equipment determined by
FR 41397, Oct. 27, 1987; 60 FR 33723, June 29, MSHA to be intrinsically safe under 30
1995] CFR part 18, when methane at any sen-
sor reaches
57.22240 Actions at 2.0 percent meth-
ane (V-A mines). (i) 1.0 percent in a Subcategory I-A or
V-A mine; or
If methane reaches 2.0 percent in the (ii) 0.5 percent while persons are un-
mine atmosphere, all persons other derground and 1.0 percent during blast-
than competent persons necessary to ing in a Subcategory II-A mine. Timing
make ventilation changes shall be devices are permitted to avoid nui-
withdrawn from affected areas until sance tripping for periods not to exceed
methane is reduced to less than 1.0 per- 30 seconds, except during blasting or
cent. the ventilation time following a blast
[52 FR 24941, July 1, 1987; 52 FR 27903, July 24, in a Subcategory II-A mine.
1987] (c) Atmospheric monitoring systems
shall be checked with a known mixture
57.22241 Advance face boreholes (I-C of methane, and calibrated if necessary
mines). at least once every 30 days. Certifi-
(a) Boreholes shall be drilled at least cation of calibration tests shall be
25 feet in advance of a face whenever made by signature and date. Certifi-
the work place is within cations of tests shall be retained for at
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(1) 50 feet of a surveyed abandoned least one year and made available to
mine or abandoned workings which authorized representatives of the Sec-
cannot be inspected; or retary.
435
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57.22302 30 CFR Ch. I (7114 Edition)
436
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Mine Safety and Health Admin., Labor 57.22315
437
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57.22401 30 CFR Ch. I (7114 Edition)
438
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Mine Safety and Health Admin., Labor 57.22606
57.22603 Blasting from the surface the blast area and through at least one
(II-A mines). atmospheric monitoring sensor.
(a) All development, production, and (b) If the monitoring system indi-
bench rounds shall be initiated from cates that methane in the mine is less
the surface after all persons are out of than 1.0 percent, persons may enter the
the mine. Persons shall not enter the mine, and all places blasted shall be
mine until the mine has been venti- tested for methane by a competent per-
lated for at least 15 minutes and the son before work is started.
ventilating air has passed over the (c) If the monitoring system indi-
blast area and through at least one at- cates the presence of 1.0 percent or
mospheric monitoring sensor. more methane, persons other than ex-
(b) If the monitoring system indi- aminers shall not enter the mine until
cates that methane in the mine is less the mine has been examined by a com-
than 0.5 percent, competent persons petent person and the methane level is
may enter the mine to test for meth- less than 1.0 percent.
ane in all blast areas. (d) Vehicles used for transportation
(c) If the monitoring system indi- when examining the mine shall be ap-
cates that methane in the mine is 0.5 proved by MSHA under the applicable
percent or more, the mine shall be ven- requirements of 30 CFR parts 18
tilated and persons shall not enter the through 36.
mine until the monitoring system indi- (e) This standard applies only to
cates that methane in the mine is less mines blasting within an oil reservoir.
than 0.5 percent.
(d) If the monitoring system is inop- 57.22606 Explosive materials and
erable or malfunctions, the mine shall blasting units (III mines).
be ventilated for at least 45 minutes
and the mine power shall be deener- (a) Mine operators shall notify the
gized before persons enter the mine. appropriate MSHA District Manager of
Only competent persons necessary to all nonapproved explosive materials
test for methane may enter the mine and blasting units to be used prior to
until the methane in the mine is less their use. Explosive materials used for
than 0.5 percent. blasting shall be approved by MSHA
(e) Vehicles used for transportation under 30 CFR part 15, or nonapproved
when examining the mine shall be ap- explosive materials shall be evaluated
proved by MSHA under the applicable and determined by the District Man-
requirements of 30 CFR parts 18 ager to be safe for blasting in a poten-
through 36. Vehicles shall not be used tially gassy environment. The notice
to examine the mine if the monitoring shall also include the millisecond-delay
system is inoperable or has malfunc- interval between successive shots and
tioned. between the first and last shot in a
round.
57.22604 Blasting from the surface (b) Faces shall be examined for prop-
(II-B mines). er placement of holes, possible break-
All development, production, and through, and water. Ammonium ni-
bench rounds shall be initiated from trate blasting agents shall not be load-
the surface after all persons are out of ed into wet holes.
the mine. Persons other than those (c) Multiple-shot blasts shall be initi-
designated by the mine operator to ated with detonators encased in cop-
make methane tests shall not enter the per-based alloy shells. Aluminum and
mine until all blast areas have been aluminum alloy-cased detonators, non-
tested for methane. electric detonators, detonating cord,
and safety fuses shall not be used. All
57.22605 Blasting from the surface detonators in a round shall be made by
(V-A mines). the same manufacturer.
(a) All development and production (d) Nonapproved explosives shall be
blasting shall be initiated from the sur- used only as primers with ammonium
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face after all persons are out of the nitrate-fuel oil blasting agents. Such
mine. Persons shall not enter the mine primers shall be placed at the back or
until ventilating air has passed over bottom of the hole.
439
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57.22607 30 CFR Ch. I (7114 Edition)
57.22501 Category IV
57.22217
57.22220 57.22601 57.22105 57.22226
57.22221 57.22608 57.22201 57.22227
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Mine Safety and Health Admin., Labor 58.620
57.22232 57.22239 AUTHORITY: 30 U.S.C. 811, 957, 961.
57.22235 57.22501
SOURCE: 59 FR 8327, Feb. 18, 1994, unless
Subcategory V-A otherwise noted.
57.22101 57.22222
57.22103 57.22227 Subpart AGeneral
57.22201 57.22228
57.22202 57.22229 58.1 Scope.
57.22204 57.22234
57.22205 57.22240 The health standards in this part
57.22206 57.22301 apply to all metal and nonmetal mines.
57.22207 57.22302
57.22208 57.22309
57.22212 57.22312
Subparts BD [Reserved]
57.22214 57.22314
57.22215 57.22315 Subpart EMiscellaneous
57.22218 57.22501
57.22220 57.22605 58.610 Abrasive blasting.
57.22221 57.22608
(a) Surface and underground mines.
Subcategory V-B When an abrasive blasting operation is
57.22201 57.22232 performed, all exposed miners shall use
57.22202 57.22234 in accordance with 30 CFR 56.5005 or
57.22218 57.22238 57.5005 respirators approved for abra-
57.22222 57.22314 sive blasting by NIOSH under 42 CFR
57.22227 57.22501 part 84, or the operation shall be per-
57.22231
formed in a totally enclosed device
Category VI with the miner outside the device.
57.22231 57.22236 (b) Underground areas of underground
57.22232 57.22238 mines. Silica sand or other materials
containing more than 1 percent free
PART 58HEALTH STANDARDS FOR silica shall not be used as an abrasive
METAL AND NONMETAL MINES substance in abrasive blasting.
[59 FR 8327, Feb. 18, 1994, as amended at 60
Subpart AGeneral FR 30401, June 8, 1995]
Sec. 58.620 Drill dust control.
58.1 Scope.
Holes shall be collared and drilled
Subparts BD [Reserved] wet, or other effective dust control
measures shall be used, when drilling
Subpart EMiscellaneous non-water-soluble material. Effective
58.610 Abrasive blasting. dust control measures shall be used
58.620 Drill dust control. when drilling water-soluble materials.
SUBCHAPTER L [RESERVED]
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SUBCHAPTER MUNIFORM MINE HEALTH REGULATIONS
442
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Mine Safety and Health Admin., Labor 62.120
T2+ . . . . +Cn/Tn), where Cn is the total If during any work shift a miners
time the miner is exposed at a specified noise exposure equals or exceeds the
sound level, and Tn is the reference du- action level the mine operator must
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62.130 30 CFR Ch. I (7114 Edition)
enroll the miner in a hearing conserva- sure level despite the use of all feasible
tion program that complies with engineering and administrative con-
62.150 of this part. trols, the mine operator must continue
to use the engineering and administra-
62.130 Permissible exposure level. tive controls to reduce the miners
(a) The mine operator must assure noise exposure to as low a level as is
that no miner is exposed during any feasible.
work shift to noise that exceeds the (c) The mine operator must assure
permissible exposure level. If during that no miner is exposed at any time to
any work shift a miners noise expo- sound levels exceeding 115 dBA, as de-
sure exceeds the permissible exposure termined without adjustment for the
level, the mine operator must use all use of any hearing protector.
feasible engineering and administra-
tive controls to reduce the miners 62.140 Dual hearing protection level.
noise exposure to the permissible expo-
sure level, and enroll the miner in a If during any work shift a miners
hearing conservation program that noise exposure exceeds the dual hear-
complies with 62.150 of this part. ing protection level, the mine operator
When a mine operator uses administra- must, in addition to the actions re-
tive controls to reduce a miners expo- quired for noise exposures that exceed
sure, the mine operator must post the the permissible exposure level, provide
procedures for such controls on the and ensure the concurrent use of both
mine bulletin board and provide a copy an ear plug and an ear muff type hear-
to the affected miner. ing protector. The following table sets
(b) If a miners noise exposure con- out mine operator actions under
tinues to exceed the permissible expo- MSHAs noise standard.
Provision Condition Action required by the mine operator
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Mine Safety and Health Admin., Labor 62.171
(5) Allow the miner to choose a dif- (2) The mine operator must notify
ferent hearing protector(s), if wearing the miner to avoid high levels of noise
the selected hearing protector(s) is sub- for at least 14 hours immediately pre-
sequently precluded due to medical pa- ceding the baseline audiogram. The
thology of the ear. mine operator must not expose the
(b) The mine operator must ensure, miner to workplace noise for the 14-
after satisfying the requirements of hour quiet period before conducting the
paragraph (a) of this section, that a audiometric testing to determine a
miner wears a hearing protector when- baseline audiogram. The operator may
ever the miners noise exposure exceeds substitute the use of hearing protec-
the permissible exposure level before tors for this quiet period.
the implementation of engineering and (3) The mine operator must not es-
administrative controls, or if the min- tablish a new baseline audiogram or a
ers noise exposure continues to exceed new revised baseline audiogram, where
the permissible exposure level despite one has been established, due to
the use of all feasible engineering and changes in enrollment status in the
administrative controls. hearing conservation program. The
(c) The mine operator must ensure, mine operator may establish a new
after satisfying the requirements of baseline or revised baseline audiogram
paragraph (a) of this section, that a for a miner who is away from the mine
miner wears a hearing protector when for more than 6 consecutive months.
the miners noise exposure is at or (b) Annual audiogram. After the base-
above the action level, if: line audiogram is established, the mine
(1) The miner has incurred a standard operator must continue to offer subse-
threshold shift; or quent audiometric tests at intervals
(2) More than 6 months will pass be- not exceeding 12 months for as long as
fore the miner can take a baseline the miner remains in the hearing con-
audiogram. servation program.
(c) Revised baseline audiogram. An an-
62.170 Audiometric testing.
nual audiogram must be deemed to be
The mine operator must provide a revised baseline audiogram when, in
audiometric tests to satisfy the re- the judgment of the physician or audi-
quirements of this part at no cost to ologist:
the miner. A physician or an audiol- (1) A standard threshold shift re-
ogist, or a qualified technician under vealed by the audiogram is permanent;
the direction or supervision of a physi- or (2) The hearing threshold shown in
cian or an audiologist must conduct the annual audiogram indicates signifi-
the tests. cant improvement over the baseline
(a) Baseline audiogram. The mine op- audiogram.
erator must offer miners the oppor-
tunity for audiometric testing of the 62.171 Audiometric test procedures.
miners hearing sensitivity for the pur-
(a) All audiometric testing under this
pose of establishing a valid baseline
audiogram to compare with subsequent part must be conducted in accordance
annual audiograms. The mine operator with scientifically validated proce-
may use an existing audiogram of the dures. Audiometric tests must be pure
miners hearing sensitivity as the base- tone, air conduction, hearing threshold
line audiogram if it meets the examinations, with test frequencies in-
audiometric testing requirements of cluding 500, 1000, 2000, 3000, 4000, and
62.171 of this part. 6000 Hz. Each ear must be tested sepa-
(1) The mine operator must offer and rately.
provide within 6 months of enrolling (b) The mine operator must compile
the miner in a hearing conservation an audiometric test record for each
program, audiometric testing which re- miner tested. The record must include:
sults in a valid baseline audiogram, or (1) Name and job classification of the
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62.172 30 CFR Ch. I (7114 Edition)
(3) Evidence that the audiograms audiogram and may use the results of
were conducted in accordance with the retest as the annual audiogram.
paragraph (a) of this section; (c) In determining whether a stand-
(4) Any exposure determination for ard threshold shift or reportable hear-
the miner conducted in accordance ing loss has occurred, allowance may
with 62.110 of this part; and be made for the contribution of aging
(5) The results of follow-up examina- (presbycusis) to the change in hearing
tion(s), if any. level. The baseline, or the revised base-
(c) The operator must maintain line as appropriate, and the annual
audiometric test records for the dura- audiograms used in making the deter-
tion of the affected miners employ- mination should be adjusted according
ment, plus at least 6 months, and make to the following procedure:
the records available for inspection by (1) Determine from Tables 623 or 62
an authorized representative of the 4 the age correction values for the
Secretary of Labor. miner by:
(i) Finding the age at which the base-
62.172 Evaluation of audiograms. line audiogram or revised baseline
(a) The mine operator must: audiogram, as appropriate, was taken,
(1) Inform persons evaluating and recording the corresponding values
audiograms of the requirements of this of age corrections at 2000, 3000, and 4000
part and provide those persons with a Hz;
copy of the miners audiometric test (ii) Finding the age at which the
records; most recent annual audiogram was ob-
(2) Have a physician or an audiol- tained and recording the corresponding
ogist, or a qualified technician who is values of age corrections at 2000, 3000,
under the direction or supervision of a and 4000 Hz; and
physician or audiologist: (iii) Subtracting the values deter-
(i) Determine if the audiogram is mined in paragraph (c)(1)(i) of this sec-
valid; and tion from the values determined in
(ii) Determine if a standard threshold paragraph (c)(1)(ii) of this section. The
shift or a reportable hearing loss, as differences calculated represent that
defined in this part, has occurred. portion of the change in hearing that
(3) Instruct the physician, audiol- may be due to aging.
ogist, or qualified technician not to re- (2) Subtract the values determined in
veal to the mine operator, without the paragraph (c)(1)(iii) of this section
written consent of the miner, any spe- from the hearing threshold levels found
cific findings or diagnoses unrelated to in the annual audiogram to obtain the
the miners hearing loss due to occupa- adjusted annual audiogram hearing
tional noise or the wearing of hearing threshold levels.
protectors; and (3) Subtract the hearing threshold
(4) Obtain the results and the inter- levels in the baseline audiogram or re-
pretation of the results of audiograms vised baseline audiogram from the ad-
conducted under this part within 30 justed annual audiogram hearing
calendar days of conducting the audio- threshold levels determined in para-
gram. graph (c)(2) of this section to obtain
(b)(1) The mine operator must pro- the age-corrected threshold shifts.
vide an audiometric retest within 30
calendar days of receiving a determina- 62.173 Follow-up evaluation when an
tion that an audiogram is invalid, pro- audiogram is invalid.
vided any medical pathology has im- (a) If a valid audiogram cannot be ob-
proved to the point that a valid audio- tained due to a suspected medical pa-
gram may be obtained. thology of the ear that the physician
(2) If an annual audiogram dem- or audiologist believes was caused or
onstrates that the miner has incurred a aggravated by the miners occupational
standard threshold shift or reportable exposure to noise or the wearing of
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hearing loss, the mine operator may hearing protectors, the mine operator
provide one retest within 30 calendar must refer the miner for a clinical-
days of receiving the results of the audiological evaluation or an
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Mine Safety and Health Admin., Labor 62.190
otological examination, as appropriate, (2) The need and reasons for any fur-
at no cost to the miner. ther testing or evaluation, if applica-
(b) If a valid audiogram cannot be ob- ble.
tained due to a suspected medical pa- (b) When evaluation of the audiogram
thology of the ear that the physician shows that a miner has incurred a re-
or audiologist concludes is unrelated to portable hearing loss as defined in this
the miners occupational exposure to part, the mine operator must report
noise or the wearing of hearing protec- such loss to MSHA as a noise-induced
tors, the mine operator must instruct hearing loss in accordance with part 50
the physician or audiologist to inform of this title, unless a physician or audi-
the miner of the need for an otological ologist has determined that the loss is
examination. neither work-related nor aggravated by
(c) The mine operator must instruct occupational noise exposure.
the physician, audiologist, or qualified
technician not to reveal to the mine 62.180 Training.
operator, without the written consent (a) The mine operator must, within
of the miner, any specific findings or 30 days of a miners enrollment into a
diagnoses unrelated to the miners oc- hearing conservation program, provide
cupational exposure to noise or the the miner with training. The mine op-
wearing of hearing protectors. erator must give training every 12
months thereafter if the miners noise
62.174 Follow-up corrective measures exposure continues to equal or exceed
when a standard threshold shift is the action level. Training must in-
detected. clude:
The mine operator must, within 30 (1) The effects of noise on hearing;
calendar days of receiving evidence or (2) The purpose and value of wearing
confirmation of a standard threshold hearing protectors;
shift, unless a physician or audiologist (3) The advantages and disadvantages
determines the standard threshold of the hearing protectors to be offered;
shift is neither work-related nor aggra- (4) The various types of hearing pro-
vated by occupational noise exposure: tectors offered by the mine operator
(a) Retrain the miner, including the and the care, fitting, and use of each
instruction required by 62.180 of this type;
part; (5) The general requirements of this
(b) Provide the miner with the oppor- part;
tunity to select a hearing protector, or (6) The mine operators and miners
a different hearing protector if the respective tasks in maintaining mine
miner has previously selected a hearing noise controls; and
protector, from among those offered by (7) The purpose and value of
the mine operator in accordance with audiometric testing and a summary of
62.160 of this part; and the procedures.
(c) Review the effectiveness of any (b) The mine operator must certify
engineering and administrative con- the date and type of training given
trols to identify and correct any defi- each miner, and maintain the miners
ciencies. most recent certification for as long as
the miner is enrolled in the hearing
62.175 Notification of results; report- conservation program and for at least 6
ing requirements. months thereafter.
(a) The mine operator must, within
10 working days of receiving the results 62.190 Records.
of an audiogram, or receiving the re- (a) The authorized representatives of
sults of a follow-up evaluation required the Secretaries of Labor and Health
under 62.173 of this part, notify the and Human Services must have access
miner in writing of: to all records required under this part.
(1) The results and interpretation of Upon written request, the mine oper-
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the audiometric test, including any ator must provide, within 15 calendar
finding of a standard threshold shift or days of the request, access to records
reportable hearing loss; and to:
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Pt. 62, App. 30 CFR Ch. I (7114 Edition)
448
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Mine Safety and Health Admin., Labor Pt. 62, App.
TABLE 623AGE CORRECTION VALUE IN DECI- TABLE 624AGE CORRECTION VALUE IN DECI-
BELS FOR MALES (SELECTED FREQUENCIES) BELS FOR FEMALES (SELECTED FREQUENCIES)
Continued
kHz
Age (years)
kHz 2 3 4
Age (years)
2 3 4
20 or less ......................................... 4 3 3
23 ..................................................... 3 4 6 21 ..................................................... 4 4 3
22 ..................................................... 4 4 4
24 ..................................................... 3 5 6
23 ..................................................... 5 4 4
25 ..................................................... 3 5 7 24 ..................................................... 5 4 4
26 ..................................................... 4 5 7 25 ..................................................... 5 4 4
27 ..................................................... 4 6 7 26 ..................................................... 5 5 4
28 ..................................................... 4 6 8 27 ..................................................... 5 5 5
29 ..................................................... 4 6 8 28 ..................................................... 5 5 5
30 ..................................................... 4 6 9 29 ..................................................... 5 5 5
31 ..................................................... 4 7 9 30 ..................................................... 6 5 5
31 ..................................................... 6 6 5
32 ..................................................... 5 7 10
32 ..................................................... 6 6 6
33 ..................................................... 5 7 10
33 ..................................................... 6 6 6
34 ..................................................... 5 8 11 34 ..................................................... 6 6 6
35 ..................................................... 5 8 11 35 ..................................................... 6 7 7
36 ..................................................... 5 9 12 36 ..................................................... 7 7 7
37 ..................................................... 6 9 12 37 ..................................................... 7 7 7
38 ..................................................... 6 9 13 38 ..................................................... 7 7 7
39 ..................................................... 6 10 14 39 ..................................................... 7 8 8
40 ..................................................... 6 10 14 40 ..................................................... 7 8 8
41 ..................................................... 8 8 8
41 ..................................................... 6 10 14
42 ..................................................... 8 9 9
42 ..................................................... 7 11 16 43 ..................................................... 8 9 9
43 ..................................................... 7 12 16 44 ..................................................... 8 9 9
44 ..................................................... 7 12 17 45 ..................................................... 8 10 10
45 ..................................................... 7 13 18 46 ..................................................... 9 10 10
46 ..................................................... 8 13 19 47 ..................................................... 9 10 11
47 ..................................................... 8 14 19 48 ..................................................... 9 11 11
48 ..................................................... 8 14 20 49 ..................................................... 9 11 11
49 ..................................................... 9 15 21 50 ..................................................... 10 11 12
51 ..................................................... 10 11 12
50 ..................................................... 9 16 22
52 ..................................................... 10 12 13
51 ..................................................... 9 16 23 53 ..................................................... 10 13 13
52 ..................................................... 10 17 24 54 ..................................................... 11 13 14
53 ..................................................... 10 18 25 55 ..................................................... 11 14 14
54 ..................................................... 10 18 26 56 ..................................................... 11 14 15
55 ..................................................... 11 19 27 57 ..................................................... 11 15 15
56 ..................................................... 11 20 28 58 ..................................................... 12 15 16
57 ..................................................... 11 21 29 59 ..................................................... 12 16 16
58 ..................................................... 12 22 31 60 or more ....................................... 12 16 17
59 ..................................................... 12 22 32
60 or more ....................................... 13 23 33 [64 FR 49630, Sept. 13, 1999, as amended at 65
FR 66929, Nov. 8, 2000]
SUBCHAPTER N [RESERVED]
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SUBCHAPTER OCOAL MINE SAFETY AND HEALTH
ing units).
(i) MRE instrument means the
AUTHORITY: 30 U.S.C. 811 and 813(h). gravimetric dust sampler with a four
450
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Mine Safety and Health Admin., Labor Pt. 70, Subpt. A, Nt.
channel horizontal elutriator devel- subject to the Federal Mine Safety and
oped by the Mining Research Establish- Health Act of 1977, as amended.
ment of the National Coal Board, Lon- 70.2 Definitions.
don, England. The following definitions apply in this
(j) MSHA means the Mine Safety and part.
Health Administration of the Depart- Act. The Federal Mine Safety and Health
ment of Labor. Act of 1977, Public Law 91173, as amended by
(k) Normal production shift means (1) a Public Law 95164 and Public Law 109236.
production shift during which the Active workings. Any place in a coal mine
where miners are normally required to work
amount of material produced in a or travel.
mechanized mining unit is at least 50 Approved sampling device. A sampling de-
percent of the average production re- vice approved by the Secretary and Sec-
ported for the last set of five valid sam- retary of Health and Human Services (HHS)
ples; or (2) a production shift during under part 74 of this title.
which any amount of material is pro- Certified person. An individual certified by
duced by a new mechanized mining the Secretary in accordance with 70.202 to
take respirable dust samples required by this
unit, until a set of five valid samples is part or certified in accordance with 70.203
taken. to perform the maintenance and calibration
(l) Production shift means (1) with re- of respirable dust sampling equipment as re-
gard to a mechanized mining unit, a quired by this part.
shift during which material is pro- Coal mine dust personal sampler unit
duced, or (2) with regard to a des- (CMDPSU). A personal sampling device ap-
ignated area of a mine, a shift during proved under part 74, subpart B, of this title.
Concentration. A measure of the amount of
which material is produced and routine a substance contained per unit volume of air.
day-to-day activities are occurring in Continuous personal dust monitor (CPDM). A
the designated area. personal sampling device approved under
(m) Quartz means crystalline silicon part 74, subpart C of this title.
dioxide (SiO2) not chemically combined Designated area (DA). A specific location in
with other substances and having a dis- the mine identified by the operator in the
mine ventilation plan under 75.371(t) of this
tinctive physical structure.
title where samples will be collected to
(n) Respirable dust means dust col- measure respirable dust generation sources
lected with a sampling device approved in the active workings; approved by the Dis-
by the Secretary and the Secretary of trict Manager; and assigned a four-digit
Health and Human Services in accord- identification number by MSHA.
ance with part 74 (Coal Mine Dust Per- Designated occupation (DO). The occupation
sonal Sampler Units) of this title. Sam- on a mechanized mining unit (MMU) that
pling device approvals issued by the has been determined by results of respirable
dust samples to have the greatest respirable
Secretary of the Interior and Secretary dust concentration.
of Health, Education, and Welfare are District Manager. The manager of the Coal
continued in effect. Mine Safety and Health District in which the
(o) Secretary means the Secretary of mine is located.
Labor or his delegate. Equivalent concentration. The concentration
(p) Valid respirable dust sample means of respirable coal mine dust, including
a respirable dust sample collected and quartz, expressed in milligrams per cubic
meter of air (mg/m3) as measured with an ap-
submitted as required by this part, and proved sampling device, determined by divid-
not voided by MSHA. ing the weight of dust in milligrams col-
[45 FR 24000, Apr. 8, 1980, as amended at 47 lected on the filter of an approved sampling
FR 28095, June 29, 1982; 57 FR 20913, May 15, device by the volume of air in cubic meters
1992] passing through the filter (sampling time in
minutes (t) times the sampling airflow rate
EFFECTIVE DATE NOTE: At 79 FR 24972, May in cubic meters per minute), and then con-
1, 2014, subpart A was revised, effective Aug. verting that concentration to an equivalent
1, 2014. For the convenience of the user, the concentration as measured by the Mining
revised text is set forth as follows: Research Establishment (MRE) instrument.
When the approved sampling device is:
Subpart AGeneral (1) The CMDPSU, the equivalent con-
centration is determined by multiplying the
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70.100 30 CFR Ch. I (7114 Edition)
(2) The CPDM, the device shall be pro- rial is produced and routine-day-to-day ac-
grammed to automatically report end-of- tivities are occurring.
shift concentration measurements as equiva- Respirable dust. Dust collected with a sam-
lent concentrations. pling device approved by the Secretary and
Mechanized mining unit (MMU). A unit of the Secretary of HHS in accordance with
mining equipment including hand loading part 74 (Coal Mine Dust Sampling Devices) of
equipment used for the production of mate- this title.
rial; or a specialized unit which uses mining Secretary. The Secretary of Labor or a dele-
equipment other than specified in 70.206(b) gate.
or in 70.208(b) of this part. Each MMU will Valid respirable dust sample. A respirable
be assigned a four-digit identification num- dust sample collected and submitted as re-
ber by MSHA, which is retained by the MMU quired by this part, including any sample for
regardless of where the unit relocates within which the data were electronically trans-
the mine. However, when: mitted to MSHA, and not voided by MSHA.
(1) Two sets of mining equipment are used
in a series of working places within the same
working section and only one production
Subpart BDust Standards
crew is employed at any given time on either
set of mining equipment, the two sets of AUTHORITY: Secs. 101 and 103(h), Federal
equipment shall be identified as a single Mine Safety and Health Act of 1977, Pub. L.
MMU. 91173 as amended by Pub. L. 95164, 91 Stat.
(2) Two or more sets of mining equipment 1291 and 1299 (30 U.S.C. 811 and 813(h)).
are simultaneously engaged in cutting, min-
SOURCE: 45 FR 24001, Apr. 8, 1980, unless
ing, or loading coal or rock from working
otherwise noted.
places within the same working section, each
set of mining equipment shall be identified
70.100 Respirable dust standards.
as a separate MMU.
MRE instrument. The gravimetric dust sam- (a) Each operator shall continuously
pler with a four channel horizontal maintain the average concentration of
elutriator developed by the Mining Research respirable dust in the mine atmosphere
Establishment of the National Coal Board, during each shift to which each miner
London, England.
in the active workings of each mine is
MSHA. The Mine Safety and Health Ad-
ministration of the U.S. Department of
exposed at or below 2.0 milligrams of
Labor. respirable dust per cubic meter of air
Normal production shift. A production shift as measured with an approved sam-
during which the amount of material pro- pling device and in terms of an equiva-
duced by an MMU is at least equal to 80 per- lent concentration determined in ac-
cent of the average production recorded by cordance with 70.206 (Approved sam-
the operator for the most recent 30 produc- pling devices; equivalent concentra-
tion shifts or for all production shifts if tions).
fewer than 30 shifts of production data are
available.
(b) Each operator shall continuously
Other designated occupation (ODO). Other maintain the average concentration of
occupation on an MMU that is designated for respirable dust within 200 feet outby
sampling required by this part in addition to the working faces of each section in
the DO. Each ODO shall be identified by a the intake airways at or below 1.0 mil-
four-digit identification number assigned by ligrams of respirable dust per cubic
MSHA. meter of air as measured with an ap-
Production shift. With regard to an MMU, a proved sampling device and in terms of
shift during which material is produced; with an equivalent concentration deter-
regard to a DA of a mine, a shift during
which material is produced and routine day-
mined in accordance with 70.206 (Ap-
to-day activities are occurring in the DA. proved sampling devices; equivalent
Quartz. Crystalline silicon dioxide (SiO2) concentrations).
not chemically combined with other sub-
stances and having a distinctive physical 70.101 Respirable dust standard
structure. when quartz is present.
Representative sample. A respirable dust When the respirable dust in the mine
sample, expressed as an equivalent con- atmosphere of the active workings con-
centration, that reflects typical dust con-
tains more than 5 percent quartz, the
centration levels and with regard to an
MMU, normal mining activities in the active operator shall continuously maintain
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workings during which the amount of mate- the average concentration of respirable
rial produced is equivalent to a normal pro- dust in the mine atmosphere during
duction shift; or with regard to a DA, mate- each shift to which each miner in the
452
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Mine Safety and Health Admin., Labor 70.201
active workings is exposed at or below each miner in the active workings is exposed
a concentration of respirable dust, ex- as measured with an approved sampling de-
pressed in milligrams per cubic meter vice and expressed in terms of an equivalent
concentration at or below the applicable
of air as measured with an approved dust standard. The applicable dust standard
sampling device and in terms of an is computed by dividing the percent of
equivalent concentration determined quartz into the number 10. The application of
in accordance with 70.206 (Approved this formula shall not result in an applicable
sampling devices; equivalent con- dust standard that exceeds the standard es-
centrations), computed by dividing the tablished by 70.100(a).
percent of quartz into the number 10. Example: Assume the sampled MMU or DA
is on a 1.5-mg/m3 dust standard. Suppose a
Example: The respirable dust associated valid representative dust sample with an
with a mechanized mining unit or a des- equivalent concentration of 1.12 mg/m3 con-
ignated area in a mine contains quartz in the tains 12.3% of quartz dust, which corresponds
amount of 20%. Therefore, the average con- to a quartz concentration of 138 g/m3.
centration of respirable dust in the mine at- Therefore, the average concentration of res-
mosphere associated with that mechanized pirable dust in the mine atmosphere associ-
mining unit or designated area shall be con- ated with that MMU or DA shall be main-
tinuously maintained at or below 0.5 milli- tained on each shift at or below 0.8 mg/m3
grams of respirable dust per cubic meter of (10/12.3% = 0.8 mg/m3).
air (10/20=0.5 mg/m3).
EFFECTIVE DATE NOTE: At 79 FR 24973, May Subpart CSampling Procedures
1, 2014, subpart B was revised, effective Aug.
1, 2014. For the convenience of the user, the
revised text is set forth as follows: AUTHORITY: 30 U.S.C. 811, 813(h), and 957.
SOURCE: 58 FR 63528, Dec. 2, 1993, unless
Subpart BDust Standards otherwise noted.
70.100 Respirable dust standards.
70.201 Sampling; general require-
(a) Each operator shall continuously main- ments.
tain the average concentration of respirable
dust in the mine atmosphere during each (a) Each operator shall take res-
shift to which each miner in the active work- pirable dust samples of the concentra-
ings of each mine is exposed, as measured tion of respirable dust in the active
with an approved sampling device and ex- workings of the mine as required by
pressed in terms of an equivalent concentra- this part with a sampling device ap-
tion, at or below: proved by the Secretary and the Sec-
(1) 2.0 milligrams of respirable dust per
cubic meter of air (mg/m3). retary of Health and Human Services
(2) 1.5 mg/m3 as of August 1, 2016. under part 74 (Coal Mine Dust Personal
(b) Each operator shall continuously main- Sampler Units) of this title.
tain the average concentration of respirable (b) Sampling devices shall be worn or
dust within 200 feet outby the working faces carried directly to and from the
of each section in the intake airways as mechanized mining unit or designated
measured with an approved sampling device area to be sampled and shall be oper-
and expressed in terms of an equivalent con-
centration at or below:
ated portal to portal. Sampling devices
(1) 1.0 mg/m3. shall remain operational during the en-
(2) 0.5 mg/m3 as of August 1, 2016. tire shift or for 8 hours, whichever time
is less.
70.101 Respirable dust standard when (c) Upon request from the District
quartz is present.
Manager, the operator shall submit the
(a) Each operator shall continuously main-
tain the average concentration of respirable
date on which collecting any respirable
quartz dust in the mine atmosphere during dust samples required by this part will
each shift to which each miner in the active begin.
workings of each mine is exposed at or below (d) During the time for abatement
0.1 mg/m3 (100 micrograms per cubic meter or fixed in a citation for violation of
g/m3) as measured with an approved sam- 70.100 (Respirable dust standards) or
pling device and expressed in terms of an 70.101 (Respirable dust standard when
equivalent concentration.
quartz is present), the operator shall
(b) When the equivalent concentration of
respirable quartz dust exceeds 100 g/m3, the take corrective action to lower the
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70.202 30 CFR Ch. I (7114 Edition)
until five valid respirable dust samples Maintenance Procedures for Coal Mine
are taken. Respirable Dust Samplers (supersedes
[45 FR 24000, Apr. 8, 1980, as amended at 47 IR 1121) by a person certified in ac-
FR 28095, June 29, 1982] cordance with 70.203 (Certified person;
maintenance and calibration).
70.202 Certified person; sampling. (b) Approved sampling devices shall
(a) The respirable dust sampling re- be calibrated at the flowrate of 2.0 li-
quired by this part shall be done by a ters of air per minute, or at a different
certified person. flowrate as prescribed by the Secretary
(b) To be certified, a person shall pass and the Secretary of Health and
the MSHA examination on sampling of Human Services for the particular de-
respirable coal mine dust. vice, before they are put into service
(c) A person may be temporarily cer- and at intervals not to exceed 200 hours
tified by MSHA to take respirable dust of operating time thereafter.
samples if the person receives instruc- (c) A calibration mark shall be
tion from an authorized representative placed on the flowmeter of each ap-
of the Secretary in the methods of col- proved sampling device to indicate the
lecting and submitting samples under proper position of the float when the
this rule. The temporary certification sampler is operating at a flowrate of 2.0
shall be withdrawn if the person does liters of air per minute or other
not successfully complete the examina- flowrate prescribed by the Secretary
tion conducted by MSHA on sampling and the Secretary of Health and
of respirable coal mine dust within six Human Services for the particular de-
months from the issue date of the tem- vice. The standard to denote proper
porary certification. flow is when the lowest part of the
float is tangent to the top of the cali-
70.203 Certified person; maintenance
and calibration. bration mark.
(d) Approved sampling devices shall
(a) Approved sampling devices shall
be tested and examined immediately
be maintained and calibrated by a cer-
before each sampling shift and nec-
tified person.
essary external maintenance shall be
(b) To be certified, a person shall pass
performed to assure that the sampling
the MSHA examination on mainte-
devices are clean and in proper working
nance and calibration procedures for
condition by a person certified in ac-
respirable dust sampling equipment.
(c) A person may be temporarily cer- cordance with 70.202 (Certified person;
tified by MSHA to maintain and cali- sampling) or 70.203 (Certified person;
brate approved sampling devices if the maintenance and calibration). This
person receives instruction from an au- testing and examination shall include
thorized representative of the Sec- the following:
retary in the maintenance and calibra- (1) Testing the voltage of each bat-
tion procedures for respirable dust tery while under actual load to assure
sampling equipment under this rule. the battery is fully charged. The volt-
The temporary certification shall be age for nickel cadmium cell batteries
withdrawn if the person does not suc- shall not be lower than the product of
cessfully complete the examination the number of cells in the battery pack
conducted by MSHA on maintenance multiplied by 1.25. The voltage for
and calibration procedures within six other than nickel cadmium cell bat-
months from the issue date of the tem- teries shall not be lower than the prod-
porary certification. uct of the number of cells in the bat-
tery pack multiplied by the manufac-
70.204 Approved sampling devices; turers nominal voltage per cell value;
maintenance and calibration. (2) Examination of all components of
(a) Approved sampling devices shall the cyclone to assure that they are
be maintained as approved under part clean and free of dust and dirt;
74 (Coal Mine Dust Personal Sampler (3) Examination of the inner surface
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Units) of this chapter and calibrated in of the cyclone on the approved sam-
accordance with MSHA Informational pling device to assure that it is free of
Report IR 1240 (1996) Calibration and scoring;
454
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Mine Safety and Health Admin., Labor 70.207
455
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70.208 30 CFR Ch. I (7114 Edition)
January 1February 28 (29) the maximum concentration of dust to
March 1April 30 which the miner is exposed;
May 1June 30 (5) Scoop section using cutting machine.
July 1August 31
September 1October 31 On the cutting machine operator or on
November 1December 31. the cutting machine within 36 inches
inby the normal working position;
(b) When the respirable dust standard (6) Scoop section, shooting off the solid.
is changed in accordance with 70.101 On the coal drill operator or on the
(Respirable dust standard when quartz coal drill within 36 inches inby the nor-
is present), respirable dust sampling of mal working position;
mechanized mining units shall begin on (7) Longwall section. On the miner
the first production shift during the who works nearest the return air side
next bimonthly period following notifi- of the longwall working face or along
cation of such change from MSHA. the working face on the return side
(c) Upon issuance of a citation for a
within 48 inches of the corner;
violation of 70.100(a) (Respirable dust
(8) Hand loading section with a cutting
standards) or 70.101 (Respirable dust
machine. On the cutting machine oper-
standard when quartz is present) in-
ator or on the cutting machine within
volving a designated occupation in a
36 inches inby the normal working po-
mechanized mining unit, paragraphs
sition;
(a) and (b) of this section shall not
(9) Hand loading section shooting off
apply to that unit until the violation is
the solid. On the hand loader exposed to
abated in accordance with 70.201(d)
the greatest dust concentration or at a
(Sampling; general requirements).
(d) Each designated occupation sam- location that represents the maximum
ple shall be taken on a normal produc- concentration of dust to which the
tion shift. If a normal production shift miner is exposed;
is not achieved, the sample for that (10) Anthracite mine sections. On the
shift may be voided by MSHA. How- hand loader exposed to the greatest
ever, any sample, regardless of produc- dust concentration or at a location
tion, with a respirable dust concentra- that represents the maximum con-
tion greater than 2.5 milligrams per centration of dust to which the miner
cubic meter of air will be used to deter- is exposed.
mine the average concentration for (f)(1) Each mechanized mining unit
that mechanized mining unit. will be assigned a four digit identifica-
(e) Unless otherwise directed by the tion number by MSHA. The mecha-
District Manager, the designated occu- nized mining unit shall retain that
pation samples shall be taken by plac- identification number regardless of
ing the sampling device as follows: where the unit relocates within the
(1) Conventional section using cutting mine.
machine. On the cutting machine oper- (2) When two sets of mining equip-
ator or on the cutting machine within ment are provided in a series of work-
36 inches inby the normal working po- ing places and only one production
sition; crew is employed at any given time on
(2) Conventional section shooting off either set of mining equipment, the
the solid. On the loading machine oper- two sets of equipment shall be identi-
ator or on the loading machine within fied as a single mechanized mining
36 inches inby the normal working po- unit. When two or more mechanized
sition; mining units are simultaneously en-
(3) Continuous mining section other gaged in the production of material
than auger-type. On the continuous within the same working section, each
mining machine operator or on the such mechanized mining unit shall be
continuous mining machine within 36 identified separately.
inches inby the normal working posi-
tion; 70.208 Bimonthly sampling; des-
(4) Continuous mining machine; auger- ignated areas.
type. On the jacksetter who works (a) Each operator shall take one valid
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nearest the working face on the return respirable dust sample from each des-
air side of the continuous mining ma- ignated area on a production shift dur-
chine or at a location that represents ing each bimonthly period beginning
456
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Mine Safety and Health Admin., Labor 70.210
457
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70.220 30 CFR Ch. I (7114 Edition)
data on respirable dust samples as soon EFFECTIVE DATE NOTE: At 79 FR 24974, May
as practicable: 1, 2014, Subpart C was revised, effective Aug.
1, 2014. For the convenience of the user, the
(1) The mine identification number;
revised text is set forth as follows:
(2) The mechanized mining unit or
designated area within the mine from Subpart CSampling Procedures
which the samples were taken;
(3) The concentration of respirable 70.201 Sampling; general and technical re-
quirements.
dust, expressed in milligrams per cubic
(a) Only an approved coal mine dust per-
meter of air, for each valid sample; sonal sampler unit (CMDPSU) shall be used
(4) The average concentration of res- to take bimonthly samples of the concentra-
pirable dust, expressed in milligrams tion of respirable coal mine dust from the
per cubic meter of air, for all valid designated occupation (DO) in each MMU as
samples; required by this part until Janaury 31, 2016.
(5) The occupation code, where appli- On February 1, 2016, DOs in each MMU shall
be sampled quarterly with an approved
cable, and;
CPDM as required by this part and an ap-
(6) The reason for voiding any sam- proved CMDPSU shall not be used, unless no-
ples. tified by the Secretary to continue to use an
(b) Upon receipt, the operator shall approved CMDPSU to conduct quarterly
post this data for at least 31 days on sampling.
the mine bulletin board. (b) Only an approved CMDPSU shall be
used to take bimonthly samples of the con-
70.220 Status change reports. centration of respirable coal mine dust from
each designated area (DA) as required by this
(a) If there is a change in operational part until January 31, 2016. On February 1,
status that affects the respirable dust 2016:
sampling requirements of this part, the (1) DAs associated with an MMU shall be
operator shall report the change in redesignated as Other Designated Occupa-
tions (ODO). ODOs shall be sampled quar-
operational status of the mine, mecha-
terly with an approved CPDM as required by
nized mining unit, or designated area this part and an approved CMDPSU shall not
to the MSHA District Office or to any be used, unless notified by the Secretary to
other MSHA office designated by the continue to use an approved CMDPSU to
District Manager. Status changes shall conduct quarterly sampling.
be reported in writing within 3 working (2) DAs identified by the operator under
days after the status change has oc- 75.371(t) of this chapter shall be sampled
curred. quarterly with an approved CMDPSU as re-
quired by this part, unless the operator noti-
(b) Each specific operational status is fies the District Manager in writing that
defined as follows: (1) Underground only an approved CPDM will be used for all
mine: (i) Producinghas at least one DA sampling at the mine. The notification
mechanized mining unit producing ma- must be received at least 90 days before the
terial. beginning of the quarter in which CPDMs
(ii) Nonproducingno material is will be used to collect the DA samples.
being produced. (c) Sampling devices shall be worn or car-
ried directly to the MMU or DA to be sam-
(iii) Abandonedthe work of all min- pled and from the MMU or DA sampled and
ers has been terminated and production shall be operated portal-to-portal. Sampling
activity has ceased. devices shall remain with the occupation or
(2) Mechanized mining unit: DA being sampled and shall be operational
(i) Producingproducing material during the entire shift, which includes the
from a working section. total time spent in the MMU or DA and
(ii) Nonproducingtemporarily while traveling to and from the mining sec-
tion or area being sampled. If the work shift
ceased production of material. to be sampled is longer than 12 hours and the
(iii) Abandonedpermanently ceased sampling device is:
production of material. (1) A CMDPSU, the operator shall switch-
(3) Designated Area: out the units sampling pump prior to the
(i) Producingactivity is occurring. 13th-hour of operation.
(ii) Nonproducingactivity has (2) A CPDM, the operator shall switch-out
the CPDM with a fully charged device prior
ceased. to the 13th-hour of operation.
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(iii) Abandonedthe dust generating (d) If using a CMDPSU, one control filter
source has been withdrawn and activ- shall be used for each shift of sampling. Each
ity has ceased. control filter shall:
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Mine Safety and Health Admin., Labor Pt. 70, Subpt. C, Nt.
(1) Have the same pre-weight date (noted (j) An anthracite mine using the full box,
on the dust data card) as the filters used for open breast, or slant breast mining method
sampling; may use either a CPDM or a CMDPSU to
(2) Remain plugged at all times; conduct the required sampling. The mine op-
(3) Be used for the same amount of time, erator shall notify the District Manager in
and exposed to the same temperature and writing of its decision to not use a CPDM.
handling conditions as the filters used for (k) MSHA approval of the dust control por-
sampling; tion of the operators mine ventilation plan
(4) Be kept with the exposed samples after may be revoked based on samples taken by
sampling and in the same mailing container MSHA or in accordance with this part 70.
when transmitted to MSHA.
(e) Records showing the length of each pro- 70.202 Certified person; sampling.
duction shift for each MMU shall be made (a) The respirable dust sampling required
and retained for at least six months and by this part shall be performed by a certified
shall be made available for inspection by au- person.
thorized representatives of the Secretary and (b) To be certified, a person shall complete
the representative of miners, and submitted the applicable MSHA course of instruction
to the District Manager when requested in and pass the MSHA examination dem-
writing. onstrating competency in sampling proce-
(f) Upon request from the District Man- dures. Persons not certified in sampling, and
ager, the operator shall submit the date and those certified only in maintenance and cali-
time any respirable dust sampling required bration procedures in accordance with
by this part will begin. This information 70.203(b), are not permitted to collect res-
shall be submitted at least 48 hours prior to pirable dust samples required by this part or
the scheduled sampling. handle approved sampling devices when
(g) To establish a normal production shift, being used in sampling.
the operator shall record the amount of run- (c) To maintain certification, a person
of-mine material produced by each MMU must pass the MSHA examination dem-
during each shift to determine the average onstrating competency in sampling proce-
production for the most recent 30 production dures every three years.
shifts, or for all production shifts if fewer (d) MSHA may revoke a persons certifi-
than 30 shifts of production data are avail- cation for failing to properly carry out the
able. Production records shall be retained for required sampling procedures.
at least six months and shall be made avail-
able for inspection by authorized representa- 70.203 Certified person; maintenance and
tives of the Secretary and the representative calibration.
of miners. (a) Approved sampling devices shall be
(h) Operators using CPDMs shall provide maintained and calibrated by a certified per-
training to all miners expected to wear a son.
CPDM. The training shall be completed prior (b) To be certified, a person shall complete
to a miner wearing a CPDM and then every the applicable MSHA course of instruction
12 months thereafter. The training shall in- and pass the MSHA examination dem-
clude: onstrating competency in maintenance and
(1) The importance of monitoring dust con- calibration procedures for approved sampling
centrations and properly wearing the CPDM. devices. Necessary maintenance of the sam-
(2) Explaining the basic features and capa- pling head assembly of a CMDPSU, or the cy-
bilities of the CPDM; clone assembly of a CPDM, can be performed
(3) Discussing the various types of informa- by persons certified in sampling or in main-
tion displayed by the CPDM and how to ac- tenance and calibration.
cess that information; and (c) To maintain certification, a person
(4) How to start and stop a short-term sam- must pass the MSHA examination dem-
ple run during compliance sampling. onstrating competency in maintenance and
(i) An operator shall keep a record of the calibration procedures every three years.
CPDM training at the mine site for 24 (d) MSHA may revoke a persons certifi-
months after completion of the training. An cation for failing to properly carry out the
operator may keep the record elsewhere if required maintenance and calibration proce-
the record is immediately accessible from dures.
the mine site by electronic transmission.
Upon request from an authorized representa- 70.204 Approved sampling devices; mainte-
tive of the Secretary, Secretary of HHS, or nance and calibration.
representative of miners, the operator shall (a) Approved sampling devices shall be
promptly provide access to any such training maintained as approved under part 74 of this
records. The record shall include: title and calibrated in accordance with
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459
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Pt. 70, Subpt. C, Nt. 30 CFR Ch. I (7114 Edition)
in accordance with the manufacturers rec- (2) Perform other required scheduled ex-
ommendations, if using a CPDM. Only per- aminations and maintenance procedures rec-
sons certified in maintenance and calibra- ommended by the manufacturer.
tion can perform maintenance work on the (e) You must proceed in accordance with
CPDM or the pump unit of the CMDPSU. Calibration and Maintenance Procedures
(b) Sampling devices shall be calibrated at for Coal Mine Respirable Dust Samplers,
the flowrate of 2.0 liters of air per minute (L/ MSHA Informational Report IR 1240 (1996)
min) if using a CMDPSU; at 2.2 L/min if referenced in paragraph (a) of this section.
using a CPDM; or at a different flowrate rec- The Director of the Federal Register ap-
ommended by the manufacturer, before they proves this incorporation by reference in ac-
are put into service and, thereafter, at time cordance with 5 U.S.C. 552(a) and 1 CFR part
intervals recommended by the manufacturer 51. You may obtain a copy from the MSHA
or prescribed by the Secretary or Secretary Web site at http://www.msha.gov and you may
of HHS. inspect or obtain a copy at MSHA, Coal Mine
(c) If using a CMDPSU, each sampling de- Safety and Health, 1100 Wilson Blvd., Room
vice shall be examined and tested by a per- 2424, Arlington, Virginia 222093939 and at
son certified in sampling or in maintenance each MSHA Coal Mine Safety and Health
and calibration within 3 hours before the District Office, or at the National Archives
start of the shift on which the approved sam- and Records Administration (NARA). For in-
pling devices will be used to collect res- formation on the availability of this mate-
pirable dust samples. This is to assure that rial at NARA, call 2027416030, or go to:
the sampling devices are clean and in proper http://www.archives.gov/federallregister/
working condition. This examination and codeloflfederallregulations/
testing shall include the following: ibrllocations.html.
(1) Examination of all components of the 70.205 Approved sampling devices; oper-
cyclone assembly to assure that they are ation; air flowrate.
clean and free of dust and dirt. This includes (a) Approved sampling devices shall be op-
examining the interior of the connector bar- erated at the flowrate of 2.0 L/min if using a
rel (located between the cassette assembly CMDPSU; at 2.2 L/min if using a CPDM; or at
and vortex finder), vortex finder, cyclone a different flowrate recommended by the
body, and grit pot; manufacturer.
(2) Examination of the inner surface of the (b) If using a CMDPSU, each approved sam-
cyclone body to assure that it is free of scor- pling device shall be examined each shift by
ing or scratch marks on the inner surface of a person certified in sampling during:
the cyclone where the air flow is directed by (1) The second hour after being put into op-
the vortex finder into the cyclone body; eration to assure it is in the proper location,
(3) Examination of the external hose con- operating properly, and at the proper
necting the pump unit to the sampling head flowrate. If the proper flowrate is not main-
assembly to assure that it is clean and free tained, necessary adjustments shall be made
of leaks; and by the certified person. This examination is
(4) Examination of the clamping and posi- not required if the sampling device is being
tioning of the cyclone body, vortex finder, operated in an anthracite coal mine using
and cassette to assure that they are rigid, in the full box, open breast, or slant breast
alignment, firmly in contact, and airtight. mining method.
(5) Testing the voltage of each battery (2) The last hour of operation to assure
while under actual load to assure the battery that the sampling device is operating prop-
is fully charged. This requires that a fully erly and at the proper flowrate. If the proper
assembled and examined sampling head as- flowrate is not maintained, the respirable
sembly be attached to the pump inlet with dust sample shall be transmitted to MSHA
the pump unit running when the voltage with a notation by the certified person on
check is made. The voltage for the batteries the back of the dust data card stating that
used in the CMDPSU shall not be lower than the proper flowrate was not maintained.
the product of the number of cells in the bat- Other events occurring during the collection
tery multiplied by the manufacturers nomi- of respirable dust samples that may affect
nal voltage per cell value. the validity of the sample, such as dropping
(d) If using a CPDM, the certified person in of the sampling head assembly onto the mine
sampling or in maintenance and calibration floor, shall be noted on the back of the dust
shall: data card.
(1) Follow the pre-operational examina- (c) If using a CPDM, the person certified in
tions, testing, and set-up procedures, and sampling shall monitor the dust concentra-
perform necessary external maintenance rec- tions and the sampling status conditions
ommended by the manufacturer to assure being reported by the sampling device at
the operational readiness of each CPDM mid-shift or more frequently as specified in
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within 3 hours before the start of the shift on the approved mine ventilation plan to as-
which the sampling devices will be used to sure: The sampling device is in the proper lo-
collect respirable dust samples; and cation and operating properly; and the work
460
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Mine Safety and Health Admin., Labor Pt. 70, Subpt. C, Nt.
environment of the occupation or DA being (9) Hand loading section blasting off the solid.
sampled remains in compliance with the ap- On the hand loader exposed to the greatest
plicable standard at the end of the shift. This dust concentration or at a location that rep-
monitoring is not required if the sampling resents the maximum concentration of dust
device is being operated in an anthracite to which the miner is exposed;
coal mine using the full box, open breast, or (10) Anthracite mine sections. On the hand
slant breast mining method. loader exposed to the greatest dust con-
centration or at a location that represents
70.206 Bimonthly sampling; mechanized the maximum concentration of dust to which
mining units. the miner is exposed.
Until January 31, 2016: (c) When the respirable dust standard is
(a) Each operator shall take five valid rep- changed in accordance with 70.101, the new
resentative samples from the designated oc- applicable standard shall become effective 7
cupation (DO) in each mechanized mining calendar days after the date of the notifica-
unit (MMU) during each bimonthly period. tion of the change by MSHA.
DO samples shall be collected on consecutive (d) If a normal production shift is not
normal production shifts or normal produc- achieved, the DO sample for that shift may
tion shifts each of which is worked on con- be voided by MSHA. However, any sample,
secutive days. The bimonthly periods are: regardless of production, that exceeds the
January 1February 28 (29) applicable standard by at least 0.1 mg/m3
March 1April 30 shall be used in the determination of the
May 1June 30 equivalent concentration for that MMU.
July 1August 31 (e) When a valid representative sample
taken in accordance with this section meets
September 1October 31
or exceeds the excessive concentration value
November 1December 31
(ECV) in Table 701 that corresponds to the
(b) Unless otherwise directed by the Dis-
applicable standard and particular sampling
trict Manager, the DO samples shall be device used, the operator shall:
taken by placing the approved sampling de- (1) Make approved respiratory equipment
vice as specified in paragraphs (b)(1) through available to affected miners in accordance
(b)(10) of this section. with 72.700 of this chapter;
(1) Conventional section using cutting ma- (2) Immediately take corrective action to
chine. On the cutting machine operator or on lower the concentration of respirable dust to
the cutting machine within 36 inches inby at or below the applicable respirable dust
the normal working position; standard; and
(2) Conventional section blasting off the solid. (3) Make a record of the corrective actions
On the loading machine operator or on the taken. The record shall be certified by the
loading machine within 36 inches inby the mine foreman or equivalent mine official, no
normal working position; later than the end of the mine foremans or
(3) Continuous mining section other than equivalent officials next regularly scheduled
auger-type. On the continuous mining ma- working shift. The record shall be made in a
chine operator or on the continuous mining secure book that is not susceptible to alter-
machine within 36 inches inby the normal ation or electronically in a computer system
working position; so as to be secure and not susceptible to al-
(4) Continuous mining machine; auger-type. teration. Such records shall be retained at a
On the jacksetter who works nearest the surface location at the mine for at least 1
working face on the return air side of the year and shall be made available for inspec-
continuous mining machine or at a location tion by authorized representatives of the
that represents the maximum concentration Secretary and the representative of miners.
of dust to which the miner is exposed; (f) Noncompliance with the applicable
(5) Scoop section using cutting machine. On standard is demonstrated during the sam-
the cutting machine operator or on the cut- pling period when:
ting machine within 36 inches inby the nor- (1) Two or more valid representative sam-
mal working position; ples meet or exceed the ECV in Table 701
(6) Scoop section, blasting off the solid. On that corresponds to the applicable standard
the coal drill operator or on the coal drill and particular sampling device used; or
within 36 inches inby the normal working po- (2) The average for all valid representative
sition; samples meets or exceeds the ECV in Table
(7) Longwall section. On the miner who 702 that corresponds to the applicable
works nearest the return air side of the standard and particular sampling device
longwall working face or along the working used.
face on the return side within 48 inches of (g) Unless otherwise directed by the Dis-
the corner; trict Manager, upon issuance of a citation
(8) Hand loading section with a cutting ma- for a violation of the applicable standard in-
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Pt. 70, Subpt. C, Nt. 30 CFR Ch. I (7114 Edition)
is terminated in accordance with paragraphs (c) Upon notification from MSHA that any
(h) and (i) of this section. valid sample taken from a DA to meet the
(h) Upon issuance of a citation for viola- requirements of paragraph (a) of this section
tion of the applicable standard, the operator exceeds the applicable standard, the operator
shall take the following actions sequen- shall take five valid representative samples
tially: from that DA within 15 calendar days. The
(1) Make approved respiratory equipment operator shall begin such sampling on the
available to affected miners in accordance first day on which there is a production shift
with 72.700 of this chapter; following the day of receipt of notification.
(2) Immediately take corrective action to (d) When a valid representative sample
lower the concentration of respirable coal taken in accordance with this section meets
mine dust to at or below the applicable or exceeds the ECV in Table 701 that cor-
standard; and responds to the applicable standard and par-
(3) Make a record of the corrective actions ticular sampling device used, the operator
taken. The record shall be certified by the shall:
mine foreman or equivalent mine official, no (1) Make approved respiratory equipment
later than the end of the mine foremans or available to affected miners in accordance
equivalent officials next regularly scheduled with 72.700 of this chapter;
working shift. The record shall be made in a (2) Immediately take corrective action to
secure book that is not susceptible to alter- lower the concentration of respirable coal
ation or electronically in a computer system mine dust to at or below the applicable
so as to be secure and not susceptible to al- standard; and
teration. Such records shall be retained at a (3) Make a record of the corrective actions
surface location at the mine for at least 1 taken. The record shall be certified by the
year and shall be made available for inspec- mine foreman or equivalent mine official, no
tion by authorized representatives of the later than the end of the mine foremans or
Secretary and the representative of miners. equivalent officials next regularly scheduled
(4) Begin sampling, within 8 calendar days working shift. The record shall be made in a
after the date the citation is issued, the en- secure book that is not susceptible to alter-
vironment of the affected occupation in the ation or electronically in a computer system
MMU on consecutive normal production so as to be secure and not susceptible to al-
shifts until five valid representative samples teration. Such records shall be retained at a
are taken. surface location at the mine for at least 1
(i) A citation for a violation of the applica- year and shall be made available for inspec-
ble standard shall be terminated by MSHA tion by authorized representatives of the
when: Secretary and the representative of miners.
(1) Each of the five valid representative (e) Noncompliance with the applicable
samples is at or below the applicable stand- standard is demonstrated during the sam-
ard; and pling period when:
(2) The operator has submitted to the Dis-
(1) Two or more valid representative sam-
trict Manager revised dust control param-
ples meet or exceed the ECV in Table 701
eters as part of the mine ventilation plan ap-
that corresponds to the applicable standard
plicable to the MMU in the citation, and the
and the particular sampling device used; or
changes have been approved by the District
(2) The average for all valid representative
Manager. The revised parameters shall re-
samples meets or exceeds the ECV in Table
flect the control measures used by the oper-
702 that corresponds to the applicable
ator to abate the violation.
standard and the particular sampling device
70.207 Bimonthly sampling; designated used.
areas. (f) Unless otherwise directed by the Dis-
Until January 31, 2016: trict Manager, upon issuance of a citation
(a) Each operator shall take one valid rep- for a violation of the applicable standard,
resentative sample from each designated paragraph (a) of this section shall not apply
area (DA) on a production shift during each to that DA until the violation is abated and
bimonthly period. The bimonthly periods the citation is terminated in accordance
are: with paragraphs (g) and (h) of this section.
February 1March 31 (g) Upon issuance of a citation for viola-
April 1May 31 tion of the applicable standard, the operator
June 1July 31 shall take the following actions sequen-
August 1September 30 tially:
October 1November 30 (1) Make approved respiratory equipment
December 1January 31. available to affected miners in accordance
(b) When the respirable dust standard is with 72.700 of this chapter;
changed in accordance with 70.101, the new (2) Immediately take corrective action to
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applicable standard shall become effective 7 lower the concentration of respirable coal
calendar days after the date of the notifica- mine dust to at or below the applicable
tion of the change by MSHA. standard; and
462
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Mine Safety and Health Admin., Labor Pt. 70, Subpt. C, Nt.
(3) Make a record of the corrective actions shall be worn by the miner assigned to per-
taken. The record shall be certified by the form the duties of the DO or ODO specified in
mine foreman or equivalent mine official, no paragraphs (b)(1) through (b)(10) of this sec-
later than the end of the mine foremans or tion or by the District Manager for each type
equivalent officials next regularly scheduled of MMU.
working shift. The record shall be made in a (1) Conventional section using cutting ma-
secure book that is not susceptible to alter- chine. DOThe cutting machine operator;
ation or electronically in a computer system (2) Conventional section blasting off the solid.
so as to be secure and not susceptible to al- DOThe loading machine operator;
teration. Such records shall be retained at a (3) Continuous mining section other than
surface location at the mine for at least 1 auger-type. DOThe continuous mining (CM)
year and shall be made available for inspec- machine operator or mobile bridge operator
tion by authorized representatives of the when using continuous haulage; ODOThe
Secretary and the representative of miners. roof bolting machine operator who works
(4) Begin sampling, within 8 calendar days nearest the working face on the return air
after the date the citation is issued, the en- side of the continuous mining machine; the
vironment of the affected DA on consecutive face haulage operators on MMUs using blow-
normal production shifts until five valid rep- ing face ventilation; the face haulage opera-
resentative samples are taken. tors on MMUs ventilated by split intake air
(h) A citation for a violation of the appli- (fishtail ventilation) as part of a super-
cable standard shall be terminated by MSHA section; and face haulage operators where
when: two continuous mining machines are oper-
(1) Each of the five valid representative ated on an MMU.
samples is at or below the applicable stand- (4) Continuous mining section using auger-
ard; and type machine. DOThe jacksetter who works
(2) The operator has submitted to the Dis- nearest the working face on the return air
trict Manager revised dust control param- side of the continuous mining machine;
eters as part of the mine ventilation plan ap- (5) Scoop section using cutting machine. DO
plicable to the DA in the citation, and the The cutting machine operator;
changes have been approved by the District (6) Scoop section, blasting off the solid. DO
Manager. The revised parameters shall re- The coal drill operator;
flect the control measures used by the oper- (7) Longwall section. DOThe longwall op-
ator to abate the violation. erator working on the tailgate side of the
longwall mining machine; ODOThe
70.208 Quarterly sampling; mechanized jacksetter who works nearest the return air
mining units. side of the longwall working face, and the
On February 1, 2016: mechanic;
(a) The operator shall sample each cal- (8) Hand loading section with a cutting ma-
endar quarter: chine. DOThe cutting machine operator;
(1) The designated occupation (DO) in each (9) Hand loading section blasting off the solid.
MMU on consecutive normal production DOThe hand loader exposed to the greatest
shifts until 15 valid representative samples dust concentration; and
are taken. The District Manager may require (10) Anthracite mine sections. DOThe hand
additional groups of 15 valid representative loader exposed to the greatest dust con-
samples when information indicates the op- centration.
erator has not followed the approved ventila- (c) When the respirable dust standard is
tion plan for any MMU. changed in accordance with 70.101, the new
(2) Each other designated occupation applicable standard shall become effective 7
(ODO) specified in paragraphs (b)(1) through calendar days after the date of notification
(b)(10) of this section in each MMU or speci- of the change by MSHA.
fied by the District Manager and identified (d) If a normal production shift is not
in the approved mine ventilation plan on achieved, the DO or ODO sample for that
consecutive normal production shifts until 15 shift may be voided by MSHA. However, any
valid representative samples are taken. Sam- sample, regardless of production, that ex-
pling of each ODO type shall begin after ful- ceeds the applicable standard by at least 0.1
filling the sampling requirements of para- mg/m3 shall be used in the determination of
graph (a)(1) of this section. When required to the equivalent concentration for that occu-
sample more than one ODO type, each ODO pation.
type must be sampled over separate time pe- (e) When a valid representative sample
riods during the calendar quarter. taken in accordance with this section meets
(3) The quarterly periods are: or exceeds the ECV in Table 701 that cor-
January 1March 31 responds to the applicable standard and par-
April 1June 30 ticular sampling device used, the operator
July 1September 30 shall:
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Pt. 70, Subpt. C, Nt. 30 CFR Ch. I (7114 Edition)
(2) Immediately take corrective action to surface location at the mine for at least 1
lower the concentration of respirable dust to year and shall be made available for inspec-
at or below the applicable respirable dust tion by authorized representatives of the
standard; and Secretary and the representative of miners.
(3) Make a record of the corrective actions (4) Begin sampling, within 8 calendar days
taken. The record shall be certified by the after the date the citation is issued, the en-
mine foreman or equivalent mine official, no vironment of the affected occupation in the
later than the end of the mine foremans or MMU on consecutive normal production
equivalent officials next regularly scheduled shifts until five valid representative samples
working shift. The record shall be made in a are taken.
secure book that is not susceptible to alter- (i) A citation for violation of the applica-
ation or electronically in a computer system ble standard shall be terminated by MSHA
so as to be secure and not susceptible to al- when:
teration. Such records shall be retained at a (1) Each of the five valid representative
surface location at the mine for at least 1 samples is at or below the applicable stand-
year and shall be made available for inspec- ard; and
tion by authorized representatives of the (2) The operator has submitted to the Dis-
Secretary and the representative of miners. trict Manager revised dust control param-
(f) Noncompliance with the applicable eters as part of the mine ventilation plan ap-
standard is demonstrated during the sam- plicable to the MMU in the citation and the
pling period when: changes have been approved by the District
(1) Three or more valid representative sam-
Manager. The revised parameters shall re-
ples meet or exceed the ECV in Table 701
flect the control measures used by the oper-
that corresponds to the applicable standard
ator to abate the violation.
and the particular sampling device used; or
(2) The average for all valid representative 70.209 Quarterly sampling; designated
samples meets or exceeds the ECV in Table areas.
702 that corresponds to the applicable
On February 1, 2016:
standard and the particular sampling device
(a) The operator shall sample quarterly
used.
(g)(1) Unless otherwise directed by the Dis- each designated area (DA) on consecutive
trict Manager, upon issuance of a citation production shifts until five valid representa-
for a violation of the applicable standard in- tive samples are taken. The quarterly peri-
volving a DO in an MMU, paragraph (a)(1) ods are:
shall not apply to the DO in that MMU until January 1March 31
the violation is abated and the citation is April 1June 30
terminated in accordance with paragraphs July 1September 30
(h) and (i) of this section. October 1December 31.
(2) Unless otherwise directed by the Dis- (b) When the respirable dust standard is
trict Manager, upon issuance of a citation changed in accordance with 70.101, the new
for a violation of the applicable standard in- applicable standard shall become effective 7
volving a type of ODO in an MMU, paragraph calendar days after the date of the notifica-
(a)(2) shall not apply to that ODO type in tion of the change by MSHA.
that MMU until the violation is abated and (c) When a valid representative sample
the citation is terminated in accordance taken in accordance with this section meets
with paragraphs (h) and (i) of this section. or exceeds the ECV in Table 701 that cor-
(h) Upon issuance of a citation for viola- responds to the applicable standard and par-
tion of the applicable standard, the operator ticular sampling device used, the operator
shall take the following actions sequen- shall:
tially: (1) Make approved respiratory equipment
(1) Make approved respiratory equipment available to affected miners in accordance
available to affected miners in accordance with 72.700 of this chapter;
with 72.700 of this chapter; (2) Immediately take corrective action to
(2) Immediately take corrective action to lower the concentration of respirable dust to
lower the concentration of respirable coal at or below the applicable respirable dust
mine dust to at or below the applicable standard; and
standard; and (3) Make a record of the corrective actions
(3) Make a record of the corrective actions taken. The record shall be certified by the
taken. The record shall be certified by the mine foreman or equivalent mine official, no
mine foreman or equivalent mine official, no later than the end of the mine foremans or
later than the end of the mine foremans or equivalent officials next regularly scheduled
equivalent officials next regularly scheduled working shift. The record shall be made in a
working shift. The record shall be made in a secure book that is not susceptible to alter-
secure book that is not susceptible to alter- ation or electronically in a computer system
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Mine Safety and Health Admin., Labor Pt. 70, Subpt. C, Nt.
year and shall be made available for inspec- 70.210 Respirable dust samples; trans-
tion by authorized representatives of the mission by operator.
Secretary and the representative of miners. (a) If using a CMDPSU, the operator shall
(d) Noncompliance with the applicable transmit within 24 hours after the end of the
standard is demonstrated during the sam- sampling shift all samples collected to fulfill
pling period when: the requirements of this part, including con-
(1) Two or more valid representative sam- trol filters, in containers provided by the
ples meet or exceed the ECV in Table 701 manufacturer of the filter cassette to: Res-
that corresponds to the applicable standard pirable Dust Processing Laboratory, Pitts-
and the particular sampling device used; or burgh Safety and Health Technology Center,
(2) The average for all valid representative Cochrans Mill Road, Building 38, P.O. Box
samples meets or exceeds the ECV in Table 18179, Pittsburgh, Pennsylvania 152360179, or
702 that corresponds to the applicable to any other address designated by the Dis-
standard and particular sampling device trict Manager.
used. (b) The operator shall not open or tamper
(e) Unless otherwise directed by the Dis- with the seal of any filter cassette or alter
trict Manager, upon issuance of a citation the weight of any filter cassette before or
for a violation of the applicable standard, after it is used to fulfill the requirements of
paragraph (a) of this section shall not apply this part.
to that DA until the violation is abated and (c) A person certified in sampling shall
the citation is terminated in accordance properly complete the dust data card that is
with paragraphs (f) and (g) of this section. provided by the manufacturer for each filter
(f) Upon issuance of a citation for a viola- cassette. The card shall have an identifica-
tion of the applicable standard, the operator tion number identical to that on the cassette
shall take the following actions sequen- used to take the sample and be submitted to
tially: MSHA with the sample. Each card shall be
(1) Make approved respiratory equipment signed by the certified person who actually
available to affected miners in accordance performed the required examinations under
with 72.700 of this chapter; 70.205(b) of this part during the sampling
(2) Immediately take corrective action to shift and shall include that persons MSHA
lower the concentration of respirable coal Individual Identification Number (MIIN).
mine dust to at or below the applicable Respirable dust samples with data cards not
standard; and properly completed may be voided by MSHA.
(3) Make a record of the corrective actions (d) All respirable dust samples collected by
taken. The record shall be certified by the the operator shall be considered taken to ful-
mine foreman or equivalent mine official, no fill the sampling requirements of part 70, 71,
later than the end of the mine foremans or or 90 of this title, unless the sample has been
equivalent officials next regularly scheduled identified in writing by the operator to the
working shift. The record shall be made in a District Manager, prior to the intended sam-
secure book that is not susceptible to alter- pling shift, as a sample to be used for pur-
ation or electronically in a computer system poses other than required by part 70, 71, or 90
so as to be secure and not susceptible to al- of this title.
teration. Such records shall be retained at a (e) Respirable dust samples received by
surface location at the mine for at least 1 MSHA in excess of those required by this
year and shall be made available for inspec- part shall be considered invalid samples.
tion by authorized representatives of the (f) If using a CPDM, the person certified in
Secretary and the representative of miners. sampling shall (1) validate, certify, and
(4) Begin sampling, within 8 calendar days transmit electronically to MSHA within 24
after the date the citation is issued, the en- hours after the end of each sampling shift all
vironment of the affected DA on consecutive sample data file information collected and
normal production shifts until five valid rep- stored in the CPDM, including the sampling
resentative samples are taken. status conditions encountered when sam-
(g) A citation for a violation of the appli- pling; and (2) not tamper with the CPDM or
cable standard shall be terminated by MSHA its components in any way before, during, or
when: after it is used to fulfill the requirements of
(1) Each of the five valid representative this part, or alter any sample data files. All
samples is at or below the applicable stand- CPDM data files transmitted electronically
ard; and to MSHA shall be maintained by the oper-
(2) The operator has submitted to the Dis- ator for at least 12 months.
trict Manager revised dust control param-
eters as part of the mine ventilation plan ap- 70.211 Respirable dust samples; report to
plicable to the DA in the citation, and the operator; posting.
changes have been approved by the District (a) MSHA shall provide the operator, as
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Manager. The revised parameters shall re- soon as practicable, a report with the fol-
flect the control measures used by the oper- lowing data on respirable dust samples sub-
ator to abate the violation. mitted or whose results were transmitted
465
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Pt. 70, Subpt. C, Nt. 30 CFR Ch. I (7114 Edition)
electronically, if using a CPDM, in accord- (b) Each specific operational status is de-
ance with this part: fined as follows:
(1) The mine identification number; (1) Underground mine:
(2) The locations within the mine from (i) Producinghas at least one MMU unit
which the samples were taken; producing material.
(3) The concentration of respirable dust, (ii) Nonproducingno material is being pro-
expressed as an equivalent concentration for duced.
each valid sample; (iii) Abandonedthe work of all miners has
(4) The average equivalent concentration been terminated and production activity has
of respirable dust for all valid samples; ceased.
(5) The occupation code, where applicable; (2) MMU:
and (i) Producingproducing material from a
(6) The reason for voiding any sample. working section.
(b) Upon receipt, the operator shall post (ii) Nonproducingtemporarily ceased pro-
this data for at least 31 days on the mine bul- duction of material.
letin board. (iii) Abandonedpermanently ceased pro-
(c) If using a CPDM, the person certified in duction of material.
sampling shall, within 12 hours after the end (3) DA:
of each sampling shift, print, sign, and post (i) Producingactivity is occurring.
on the mine bulletin board a paper record (ii) Nonproducingactivity has ceased.
(Dust Data Card) of the sample run. This (iii) Abandonedthe dust generating source
hard-copy record shall include the data en- has been withdrawn and activity has ceased.
tered when the sample run was first pro-
grammed, and the following: TABLES TO SUBPART C
(1) The mine identification number;
(2) The locations within the mine from TABLE 701EXCESSIVE CONCENTRATION VAL-
which the samples were taken; UES (ECV) BASED ON SINGLE, FULL-SHIFT
(3) The concentration of respirable dust, CMDPSU/CPDM CONCENTRATION MEASURE-
expressed as an equivalent concentration re- MENTS
ported and stored for each sample;
(4) The sampling status conditions encoun- ECV (mg/m3)
Applicable standard
tered for each sample; and (mg/m3) CMDPSU CPDM
(5) The shift length.
(d) The information required by paragraph 2.0 .............................................. 2.33 2.26
1.9 .............................................. 2.22 2.15
(c) of this section shall remain posted until
1.8 .............................................. 2.12 2.04
receipt of the MSHA report covering these 1.7 .............................................. 2.01 1.92
respirable dust samples. 1.6 .............................................. 1.90 1.81
1.5 .............................................. 1.79 1.70
70.212 Status change reports. 1.4 .............................................. 1.69 1.58
(a) If there is a change in operational sta- 1.3 .............................................. 1.59 1.47
tus that affects the respirable dust sampling 1.2 .............................................. 1.47 1.36
1.1 .............................................. 1.37 1.25
requirements of this part, the operator shall 1.0 .............................................. 1.26 1.13
report the change in operational status of 0.9 .............................................. 1.16 1.02
the mine, mechanized mining unit, or des- 0.8 .............................................. 1.05 0.91
ignated area to the MSHA District Office or 0.7 .............................................. 0.95 0.79
to any other MSHA office designated by the 0.6 .............................................. 0.85 0.68
District Manager. Status changes shall be re- 0.5 .............................................. 0.74 0.57
ported in writing or electronically within 3 0.4 .............................................. 0.65 0.46
0.3 .............................................. 0.54 0.34
working days after the status change has oc- 0.2 .............................................. 0.44 0.23
curred.
TABLE 702EXCESSIVE CONCENTRATION VALUES (ECV) BASED ON THE AVERAGE OF 5 OR 15
FULL-SHIFT CMDPSU/CPDM CONCENTRATION MEASUREMENTS
ECV (mg/m3) based on ECV (mg/m3) based on
Applicable standard 5-sample average 15-sample average
(mg/m3)
CMDPSU CPDM CMDPSU CPDM
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Mine Safety and Health Admin., Labor 70.1900
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Pt. 71 30 CFR Ch. I (7114 Edition)
significant concentrations of diesel ex- (2) Substance sampled and the meas-
haust. ured concentration; and
(b) Samples of CO and NO2 shall be (3) Corrective action taken to reduce
(1) Collected in a manner that makes the concentration of CO and/or NO2 to
the results available immediately to or below the applicable action level.
the person collecting the samples; (e) As of November 25, 1997 exhaust
(2) Collected and analyzed by appro- gas monitoring shall be conducted in
priate instrumentation which has been accordance with the requirements of
maintained and calibrated in accord- this section.
ance with the manufacturers rec-
ommendations; and [61 FR 55526, Oct. 25, 1996, as amended at 67
(3) Collected during periods that are FR 38385, June 4, 2002; 71 FR 16667, Apr. 3,
representative of conditions during 2006]
normal operations.
(c) Except as provided in 75.325(j) of PART 71MANDATORY HEALTH
this chapter, when sampling results in- STANDARDSSURFACE COAL
dicate a concentration of CO and/or
NO2 exceeding an action level of 50 per-
MINES AND SURFACE WORK
cent of the threshold limit values AREAS OF UNDERGROUND COAL
(TLV ) adopted by the American Con- MINES
ference of Governmental Industrial Hy-
gienists, the mine operator shall imme- Subpart AGeneral
diately take appropriate corrective ac-
Sec.
tion to reduce the concentrations of CO
71.1 Scope.
and/or NO2 to below the applicable ac-
71.2 Definitions.
tion level. The publication, Threshold
Limit Values for Substance in Work- Subpart BDust Standards
room Air (1972) is incorporated by ref-
erence and may be inspected at 71.100 Respirable dust standard.
MSHAs Office of Standards, Regula- 71.101 Respirable dust standard when quartz
tions, and Variances, 1100 Wilson Blvd., is present.
Room 2352, Arlington, Virginia 22209
3939; at any MSHA Coal Mine Safety Subpart CSampling Procedures
and Health district office; or at the Na- 71.201 Sampling; general requirements.
tional Archives and Records Adminis- 71.202 Certified person; sampling.
tration (NARA). For information on 71.203 Certified person; maintenance and
the availability of this material at calibration.
NARA, call 2027416030, or go to: http:// 71.204 Approved sampling devices; mainte-
www.archives.gov/federallregister/ nance and calibration.
codeloflfederallregulations/ 71.205 Approved sampling devices; oper-
ibrllocations.html. This incorporation ation; air flowrate.
by reference was approved by the Di- 71.206 Approved sampling devices; equiva-
rector of the Federal Register in ac- lent concentrations.
cordance with 5 U.S.C. 552(a) and 1 CFR 71.207 [Reserved]
part 51. In addition, copies of the docu- 71.208 Bimonthly sampling; designated work
ment may be purchased from American positions.
Conference of Governmental Industrial 71.209 Respirable dust samples; trans-
Hygienists, 330 Kemper Meadow Drive, mission by operator.
Attn: Customer Service, Cincinnati, 71.210 Respirable dust samples; report to op-
OH 45240; http://www.acgih.org. erator; posting.
(d) A record shall be made when sam- 71.220 Status change reports.
pling results exceed the action level for
the applicable TLV for CO and/or NO2. Subpart DRespirable Dust Control Plans
The record shall be made as part of and 71.300 Respirable dust control plan; filing
in the same manner as the records for requirements.
hazards required by 75.363 of this
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Mine Safety and Health Admin., Labor 71.2
71.301 Respirable dust control plan; ap- each underground coal mine subject to
proval by District Manager and posting. the Federal Mine Safety and Health
Act of 1977.
Subpart ESurface Bathing Facilities,
Change Rooms, and Sanitary Flush Toi- 71.2 Definitions.
let Facilities at Surface Coal Mines
For the purpose of this part 71, the
71.400 Bathing facilities; change rooms; san- term:
itary flush toilet facilities. (a) Act means the Federal Mine Safe-
71.401 Location of facilities. ty and Health Act of 1977, Pub. L. 91
71.402 Minimum requirements for bathing
173, as amended by Pub. L. 95164.
facilities, change rooms, and sanitary
flush toilet facilities. (b) Active workings means any place
71.403 Waiver of surface facilities require- in a surface coal mine or the surface
ments; posting of waiver. work area of an underground coal mine
71.404 Application for waiver of surface fa- where miners are normally required to
cilities requirements. work or travel.
(c) Certified person means an indi-
Subpart FSanitary Toilet Facilities at vidual certified by the Secretary in ac-
Surface Worksites of Surface Coal Mines cordance with 71.202 (Certified person;
71.500 Sanitary toilet facilities at surface sampling) to take respirable dust sam-
work sites; installation requirements. ples required by this part or certified
71.501 Sanitary toilet facilities; mainte- in accordance with 71.203 (Certified
nance. person; maintenance and calibration)
to perform the maintenance and cali-
Subpart GDrinking Water
bration of respirable dust sampling
71.600 Drinking water; general. equipment as required by this part.
71.601 Drinking water; quality. (d) Concentration means a measure of
71.602 Drinking water; distribution. the amount of a substance contained
71.603 Drinking water; dispensing require- per unit volume of air.
ments.
(e) Designated work position means a
Subpart HAirborne Contaminants work position designated under 71.208
(Bimonthly sampling; designated work
71.700 Inhalation hazards; threshold limit positions).
values for gases, dust, fumes, mists, and (f) District Manager means the man-
vapors. ager of the Coal Mine Safety and
71.701 Sampling; general requirements.
71.702 Asbestos standard.
Health District in which the mine is lo-
cated.
AUTHORITY: 30 U.S.C. 811, 951, and 957. (g) MRE instrument means the
EFFECTIVE DATE NOTE: At 79 FR 24980, May gravimetric dust sampler with a four
1, 2014, the authority citation was revised, ef- channel horizontal elutriator devel-
fective Aug. 1, 2014. For the convenience of oped by the Mining Research Establish-
the user, the revised text is set forth as fol- ment of the National Coal Board, Lon-
lows:
don, England.
AUTHORITY: 30 U.S.C. 811, 813(h), 957.
(h) MSHA means the Mine Safety and
SOURCE: 37 FR 6368, Mar. 28, 1972, unless Health Administration of the Depart-
otherwise noted. ment of Labor.
(i) Normal work shift means (1) a shift
Subpart AGeneral during which the regular duties of the
designated work position are performed
AUTHORITY: Secs. 101 and 103(h), Federal while routine day-to-day mining ac-
Mine Safety and Health Act of 1977, Pub. L. tivities are occurring in the rest of the
91173 as amended by Pub. L. 95164, 91 Stat. mine and (2) a shift during which there
1291 and 1299 (30 U.S.C. 811 and 813(h)). is no rain, or, if rain occurs, the rain
SOURCE: 45 FR 80756, Dec. 5, 1980, unless does not suppress the respirable dust to
otherwise noted. the extent that sampling results will
be measurably lower, in the judgment
71.1 Scope. of the person certified under this part
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Pt. 71, Subpt. A, Nt. 30 CFR Ch. I (7114 Edition)
with other substances and having a dis- submitted as required by this part, and
tinctive physical structure. not voided by MSHA.
(k) Respirable dust means dust col- (s) Work position means an occupation
lected with a sampling device approved identified by an MSHA code number de-
by the Secretary and the Secretary of scribing a location to which a miner is
Health and Human Services in accord- assigned in the performance of his or
ance with part 74 (Coal Mine Dust Per- her normal duties.
sonal Sampler Units) of this title. Sam- EFFECTIVE DATE NOTE: At 79 FR 24980, May
pling device approvals issued by the 1, 2014, Subpart A was revised, effective Aug.
Secretary of the Interior and Secretary 1, 2014. For the convenience of the user, the
of Health, Education and Welfare are revised text is set forth as follows:
continued in effect.
Subpart AGeneral
(l) Secretary means the Secretary of
Labor or a delegate. 71.1 Scope.
(m) Surface area means a specific This part 71 sets forth mandatory health
physical portion of a surface coal mine standards for each surface coal mine and for
or surface area of an underground coal the surface work areas of each underground
mine. These areas are assigned a four coal mine subject to the Federal Mine Safety
and Health Act of 1977, as amended.
digit identification number by MSHA.
(n) Surface coal mine means a surface 71.2 Definitions.
area of land and all structures, facili- The following definitions apply in this
ties, machinery, tools, equipment, ex- part.
cavations, and other property, real or Act. The Federal Mine Safety and Health
personal, placed upon or above the sur- Act of 1977, Public Law 91173, as amended by
face of such land by any person, used Public Law 95164 and Public Law 109236.
Active workings. Any place in a surface coal
in, or to be used in, or resulting from, mine or the surface work area of an under-
the work of extracting in such area bi- ground coal mine where miners are normally
tuminous coal, lignite, or anthracite required to work or travel.
from its natural deposits in the earth Approved sampling device. A sampling de-
by any means or method, and the work vice approved by the Secretary and Sec-
of preparing the coal so extracted, in- retary of Health and Human Services (HHS)
cluding custom coal preparation facili- under part 74 of this title.
Certified person. An individual certified by
ties.
the Secretary in accordance with 71.202 to
(o) Surface installation means any take respirable dust samples required by this
structure in which miners work at a part or certified in accordance with 71.203
surface coal mine or surface work area to perform maintenance and calibration of
of an underground coal mine. respirable dust sampling equipment as re-
(p) Surface work area of an under- quired by this part.
ground coal mine means the surface Coal mine dust personal sampler unit
(CMDPSU). A personal sampling device ap-
areas of land and all structures, facili- proved under part 74, subpart B, of this title.
ties, machinery, tools, equipment, Concentration. A measure of the amount of
shafts, slopes, excavations, and other a substance contained per unit volume of air.
property, real or personal, placed in, Continuous personal dust monitor (CPDM). A
upon or above the surface of such land personal sampling device approved under
by any person, used in, or to be used in, part 74, subpart C, of this title.
or resulting from, the work of extract- Designated work position (DWP). A work po-
ing bituminous coal, lignite, or anthra- sition in a surface coal mine and surface
work area of an underground coal mine des-
cite from its natural deposits under- ignated for sampling to measure respirable
ground by any means or method, and dust generation sources in the active work-
the work of preparing the coal so ex- ings. Each DWP will be assigned a four-digit
tracted, including custom coal prepara- number assigned by MSHA identifying the
tion facilities. specific physical portion of the mine that is
(q) Surface worksite means any area in affected, followed by a three-digit MSHA
which miners work at a surface coal coal mining occupation code describing the
location to which a miner is assigned in the
mine or surface work area of an under- performance of his or her regular duties.
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Mine Safety and Health Admin., Labor 71.100
Equivalent concentration. The concentration property, real or personal, placed upon or
of respirable coal mine dust, including above the surface of such land by any person,
quartz, expressed in milligrams per cubic used in, or to be used in, or resulting from,
meter of air (mg/m3) as measured with an ap- the work of extracting in such area bitu-
proved sampling device, determined by divid- minous coal, lignite, or anthracite from its
ing the weight of dust in milligrams col- natural deposits in the earth by any means
lected on the filter of an approved sampling or method, and the work of preparing the
device by the volume of air in cubic meters
coal so extracted, including custom coal
passing through the filter (sampling time in
preparation facilities.
minutes (t) times the sampling airflow rate
in cubic meters per minute), and then con- Surface installation. Any structure in which
verting that concentration to an equivalent miners work at a surface coal mine or sur-
concentration as measured by the Mining face work area of an underground coal mine.
Research Establishment (MRE) instrument. Surface work area of an underground mine.
When the approved sampling device is: The surface areas of land and all structures,
(1) The CMDPSU, the equivalent con- facilities, machinery, tools, equipment,
centration is determined by multiplying the shafts, slopes, excavations, and other prop-
concentration of respirable coal mine dust erty, real or personal, placed in, upon or
by the constant factor prescribed by the Sec- above the surface of such land by any person,
retary. used in, or to be used in, or resulting from,
(2) The CPDM, the device shall be pro- the work of extracting bituminous coal, lig-
grammed to automatically report end-of- nite, or anthracite from its natural deposits
shift concentration measurements as equiva- underground by any means or method, and
lent concentrations. the work of preparing the coal so extracted,
MRE instrument. The gravimetric dust sam-
including custom coal preparation facilities.
pler with a four channel horizontal
elutriator developed by the Mining Research Surface worksite. Any area in which miners
Establishment of the National Coal Board, work at a surface coal mine or surface work
London, England. area of an underground coal mine.
MSHA. The Mine Safety and Health Ad- Valid respirable dust sample. A respirable
ministration of the U.S. Department of dust sample collected and submitted as re-
Labor. quired by this part, including any sample for
Normal work shift. (1) A shift during which which the data were electronically trans-
the regular duties of the DWP are performed mitted to MSHA, and not voided by MSHA.
while routine day-to-day mining activities Work position. An occupation identified by
are occurring in the rest of the mine and an MSHA three-digit code number describing
(2) A shift during which there is no rain, a location to which a miner is assigned in
or, if rain occurs, the rain does not suppress the performance of his or her normal duties.
the respirable dust to the extent that sam-
pling results will be measurably lower, in the
judgment of the person certified under this Subpart BDust Standards
part to conduct sampling.
Quartz. Crystalline silicon dioxide (SiO2)
AUTHORITY: Secs. 101 and 103(h), Federal
not chemically combined with other sub-
Mine Safety and Health Act of 1977, Pub. L.
stances and having a distinctive physical
91173 as amended by Pub. L. 95164, 91 Stat.
structure.
Representative sample. A respirable dust 1291 and 1299 (30 U.S.C. 811 and 813(h)).
sample, expressed as an equivalent con- SOURCE: 45 FR 80757, Dec. 5, 1980, unless
centration, that reflects typical dust con- otherwise noted.
centration levels in the working environ-
ment of the DWP when performing normal 71.100 Respirable dust standard.
duties.
Respirable dust. Dust collected with a sam- Each operator shall continuously
pling device approved by the Secretary and maintain the average concentration of
the Secretary of HHS in accordance with respirable dust in the mine atmosphere
part 74 (Coal Mine Dust Sampling Devices) of
during each shift to which each miner
this title.
Secretary. The Secretary of Labor or a dele- in the active workings is exposed at or
gate. below 2.0 milligrams of respirable dust
Surface area. A specific physical portion of per cubic meter of air. Concentrations
a surface coal mine or surface area of an un- shall be measured with an approved
derground coal mine. These areas are as- sampling device and expressed in terms
signed a four-digit identification number by
of an equivalent concentration deter-
MSHA.
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Surface coal mine. A surface area of land mined in accordance with 71.206 (Ap-
and all structures, facilities, machinery, proved sampling devices; equivalent
tools, equipment, excavations, and other concentrations).
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71.101 30 CFR Ch. I (7114 Edition)
71.101 Respirable dust standard mine atmosphere during each shift to which
when quartz is present. each miner in the active workings is exposed
as measured with an approved sampling de-
When the respirable dust in the mine vice and expressed in terms of an equivalent
atmosphere of the active workings con- concentration at or below the applicable
tains more than 5 percent quartz, the standard. The applicable standard is com-
operator shall continuously maintain puted by dividing the percent of quartz into
the average concentration of respirable the number 10. The application of this for-
dust in the mine atmosphere during mula shall not result in the applicable stand-
ard that exceeds the standard established by
each shift to which each miner is ex- 71.100(a) of this section.
posed at or below a concentration of Example: Assume the sampled DWP is on a
respirable dust computed by dividing 1.5-mg/m3 dust standard. Suppose a valid rep-
the percent of quartz into the number resentative dust sample with an equivalent
10. Concentrations shall be expressed in concentration of 1.09 mg/m3 contains 16.7% of
milligrams per cubic meter of air as quartz dust, which corresponds to a quartz
measured with an approved sampling concentration of 182 g/m3. Therefore, the av-
device and in terms of an equivalent erage concentration of respirable dust in the
mine atmosphere associated with that DWP
concentration determined in accord- shall be maintained on each shift at or below
ance with 71.206 (Approved sampling 0.6 mg/m3 (10/16.7% = 0.6 mg/m3).
devices; equivalent concentrations).
Example: The respirable dust associated Subpart CSampling Procedures
with a designated work position contains
quartz in the amount of 20%, Therefore, the
AUTHORITY: 30 U.S.C. 811, 813(h), and 957.
average concentration of respirable dust in
the mine atmosphere associated with that SOURCE: 45 FR 80757, Dec. 5, 1980, unless
designated work position shall be continu- otherwise noted.
ously maintained at or below 0.5 milligrams
of respirable dust per cubic meter of air (10/ 71.201 Sampling; general require-
20=0.5 mg/m3). ments.
EFFECTIVE DATE NOTE: At 79 FR 24981, May (a) Each operator shall take res-
1, 2014, Subpart B was revised, effective Aug. pirable dust samples of the concentra-
1, 2014. For the convenience of the user, the tion of respirable dust in the active
revised text is set forth as follows: workings of the mine as required by
Subpart BDust Standards this part with a sampling device ap-
proved by the Secretary and the Sec-
71.100 Respirable dust standard. retary of Health and Human Services
Each operator shall continuously maintain under part 74 (Coal Mine Dust Personal
the average concentration of respirable dust Sampler Units) of this title.
in the mine atmosphere during each shift to (b) Sampling devices shall be worn or
which each miner in the active workings of carried directly to and from the des-
each mine is exposed, as measured with an ignated work position to be sampled
approved sampling device and expressed in
terms of an equivalent concentration, at or
and shall remain operational during
below: the entire shift or for 8 hours, which-
(a) 2.0 milligrams of respirable dust per ever time is less.
cubic meter of air (mg/m3). (c) Upon request from the District
(b) 1.5 mg/m3 as of August 1, 2016. Manager, the operator shall submit the
date on which collecting any respirable
71.101 Respirable dust standard when
quartz is present. dust samples required by this part will
(a) Each operator shall continuously main- begin.
tain the average concentration of respirable (d) During the time for abatement
quartz dust in the mine atmosphere during fixed in a citation for violation of
each shift to which each miner in the active 71.100 (Resipirable dust standard) or
workings of each mine is exposed at or below 71.101 (Respirable dust standard when
0.1 mg/m3 (100 micrograms per cubic meter or quartz is present), the operator shall
g/m3) as measured with an approved sam- take corrective action to lower the
pling device and expressed in terms of an
concentration of respirable dust to
equivalent concentration.
(b) When the equivalent concentration of within the permissible concentration
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respirable quartz dust exceeds 100 g/m3, the and then sample each normal work
operator shall continuously maintain the av- shift until five valid respirable dust
erage concentration of respirable dust in the samples are taken.
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Mine Safety and Health Admin., Labor 71.204
(e) Upon written request by the oper- and calibration procedures within six
ator, the District Manager may waive months from the issue date of the tem-
the rain restriction for a normal work porary certification.
shift as defined in 71.2 (Definitions)
for a period not to exceed two months, 71.204 Approved sampling devices;
if the District Manager determines maintenance and calibration.
that: (a) Approved sampling devices shall
(1) The operator will not have reason- be maintained as approved under part
able opportunity to complete the res- 74 (Coal Mine Dust Personal Sampler
pirable dust sampling required by this Units) of this chapter and calibrated in
part without the waiver because of the accordance with MSHA Informational
frequency of rain; and Report IR 1240 (1996) Calibration and
(2) The operator did not have reason- Maintenance Procedures for Coal Mine
able opportunity to complete the res- Respirable Dust Samplers (supersedes
pirable dust sampling required by this IR 1121) by a person certified in ac-
part prior to requesting the waiver. cordance with 71.203 (Certified person;
71.202 Certified person; sampling. maintenance and calibration).
(b) Approved sampling devices shall
(a) The respirable dust sampling re- be calibrated at the flowrate of 2.0 li-
quired by this part shall be done by a ters of air per minute, or at a different
certified person. flowrate as prescribed by the Secretary
(b) To be certified, a person shall pass and the Secretary of Health and
the MSHA examination on sampling of Human Services for the particular de-
respirable coal mine dust. vice, before they are put into service
(c) A person may be temporarily cer- and at intervals not to exceed 200 hours
tified by MSHA to take respirable dust
of operating time thereafter.
samples if the person receives instruc-
(c) A calibration mark shall be
tion from an authorized representative
placed on the flowmeter of each ap-
of the Secretary in the methods of col-
lecting and submitting samples under proved sampling device to indicate the
this rule. The temporary certification proper position of the float when the
shall be withdrawn if the person does sampler is operating at a flowrate of 2.0
not successfully complete the examina- liters of air per minute or other
tion conducted by MSHA on sampling flowrate prescribed by the Secretary
of respirable coal mine dust within six and the Secretary of Health and
months from the issue date of the tem- Human Services for the particular de-
porary certification. vice. The standard to denote proper
flow is when the lowest part of the
71.203 Certified person; maintenance float is tangent to the top of the cali-
and calibration. bration mark.
(a) Approved sampling devices shall (d) Approved sampling devices shall
be maintained and calibrated by a cer- be tested and examined immediately
tified person. before each sampling shift and nec-
(b) To be certified, a person shall pass essary external maintenance shall be
the MSHA examination on mainte- performed to assure that the sampling
nance and calibration procedures for devices are clean and in proper working
respirable dust sampling equipment. condition by a person certified in ac-
(c) A person may be temporarily cer- cordance with 71.202 (Certified person;
tified by MSHA to maintain and cali- sampling) or 71.203 (Certified person;
brate approved sampling devices if the maintenance and calibration). This
person receives instruction from an au- testing and examination shall include
thorized representative of the Sec- the following:
retary in the maintenance and calibra- (1) Testing the voltage of each bat-
tion procedures for respirable dust tery while under actual load to assure
sampling equipment under this rule. the battery is fully charged. The volt-
The temporary certification shall be age for nickel cadmium cell batteries
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withdrawn if the person does not suc- shall not be lower than the product of
cessfully complete the exmamination the number of cells in the battery pack
conducted by MSHA on maintenance multiplied by 1.25. The voltage for
473
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71.205 30 CFR Ch. I (7114 Edition)
other than nickel cadmium cell bat- shall be operated at the flowrate of 2.0
teries shall not be lower than the prod- liters of air per minute, or at a dif-
uct of the number of cells in the bat- ferent flowrate as prescribed by the
tery pack multiplied by the manufac- Secretary and the Secretary of Health
turers nominal voltage per cell value; and Human Services for the particular
(2) Examination of all components of device.
the cyclone to assure that they are (b) Each approved sampling device
clean and free of dust and dirt; shall be examined each shift by a per-
(3) Examination of the inner surface
son certified in accordance with 71.202
of the cyclone on the approved sam-
pling device to assure that it is free of (Certified person; sampling) during the
scoring; second hour after being put into oper-
(4) Examination of the external tub- ation to assure that the sampling de-
ing on the approved sampling device to vice is operating properly and at the
assure that it is clean and free of leaks; proper flowrate. If the proper flowrate
and, is not maintained, necessary adjust-
(5) Examination of the clamping and ments shall be made by the certified
positioning of the cyclone body, vortex person.
finder and cassette to assure that they (c) Each sampling device shall be ex-
are rigid, in alignment, and firmly in amined each shift by a person certified
contact. in accordance with 71.202 (Certified
(e) MSHA Informational Report IR person; sampling) during the last hour
1240 (1996) referenced in paragraph (a) of operation to assure that the sam-
of this section is incorporated-by-ref- pling device is operating properly and
erence. This incorporation-by-reference at the proper flowrate. If the proper
was approved by the Director of the
flowrate is not maintained, the res-
Federal Register in accordance with 5
pirable dust sample shall be trans-
U.S.C. 552(a) and 1 CFR part 51. Copies
may be inspected or obtained at MSHA, mitted to MSHA with a notation by
Coal Mine Safety and Health, 1100 Wil- the certified person on the dust data
son Blvd., Room 2424, Arlington, Vir- card stating that the proper flowrate
ginia 222093939 and at each MSHA Coal was not maintained.
Mine Safety and Health district and
subdistrict office. Copies may be in- 71.206 Approved sampling devices;
spected at the National Archives and equivalent concentrations.
Records Administration (NARA). For The concentration of respirable dust
information on the availability of this shall be determined by dividing the
material at NARA, call 2027416030, or weight of dust in milligrams collected
go to: http://www.archives.gov/ on the filter of an approved sampling
federallregister/ device by the volume of air in cubic
codeloflfederallregulations/ meters passing through the filter and
ibrllocations.html. then converting that concentration to
[45 FR 80757, Dec. 5, 1980, as amended at 64 an equivalent concentration as meas-
FR 43286, Aug. 10, 1999; 67 FR 38385, June 4, ured with an MRE instrument. To con-
2002] vert a concentration of respirable dust
EDITORIAL NOTE: At 71 FR 16668, Apr. 3, as measured with an approved sam-
2006, 71.204(e) was amended by removing the pling device to an equivalent con-
words Coal Mine Health and Safety District
centration of respirable dust as meas-
and Subdistrict Office. and adding, in their
place, the words MSHA Coal Mine Safety ured with an MRE instrument, the con-
and Health district office.; however, the centration of respirable dust measured
amendment could not be incorporated be- with the approved sampling device
cause that phrase does not exist in the sec- shall be multiplied by the constant fac-
tion. tor prescribed by the Secretary for the
71.205 Approved sampling devices; approved sampling device used, and the
operation; air flowrate. product shall be the equivalent con-
centration as measured with an MRE
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Mine Safety and Health Admin., Labor 71.208
tion. The District Manager shall des- used to determine the average con-
ignate for sampling each work position centration for that designated work po-
at the mine where an average con- sition.
475
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71.209 30 CFR Ch. I (7114 Edition)
476
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Mine Safety and Health Admin., Labor Pt. 71, Subpt. C, Nt.
ager, the operator shall submit the date and must pass the MSHA examination dem-
time any respirable dust sampling required onstrating competency in sampling proce-
by this part will begin. This information dures every three years.
477
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Pt. 71, Subpt. C, Nt. 30 CFR Ch. I (7114 Edition)
(d) MSHA may revoke a persons certifi- (2) Examination of the inner surface of the
cation for failing to properly carry out the cyclone body to assure that it is free of scor-
required sampling procedures. ing or scratch marks on the inner surface of
the cyclone where the air flow is directed by
71.203 Certified person; maintenance and the vortex finder into the cyclone body;
calibration. (3) Examination of the external hose con-
(a) Approved sampling devices shall be necting the pump unit to the sampling head
maintained and calibrated by a certified per- assembly to assure that it is clean and free
son. of leaks; and
(b) To be certified, a person shall complete (4) Examination of the clamping and posi-
the applicable MSHA course of instruction tioning of the cyclone body, vortex finder,
and pass the MSHA examination dem- and cassette to assure that they are rigid, in
onstrating competency in maintenance and alignment, firmly in contact, and airtight.
calibration procedures for approved sampling (5) Testing the voltage of each battery
devices. Necessary maintenance of the sam- while under actual load to assure the battery
pling head assembly of a CMDPSU, or the cy- is fully charged. This requires that a fully
clone assembly of a CPDM, can be performed assembled and examined sampling head as-
by persons certified in sampling or mainte- sembly be attached to the pump inlet with
nance and calibration. the pump unit running when the voltage
(c) To maintain certification, a person check is made. The voltage for the batteries
must pass the MSHA examination dem- used in the CMDPSU shall not be lower than
onstrating competency in maintenance and the product of the number of cells in the bat-
calibration procedures every three years. tery multiplied by the manufacturers nomi-
(d) MSHA may revoke a persons certifi- nal voltage per cell value.
cation for failing to properly carry out the (d) If using a CPDM, the certified person in
required maintenance and calibration proce- sampling or in maintenance and calibration
dures. shall:
(1) Follow the pre-operational examina-
71.204 Approved sampling devices; mainte- tions, testing, and set-up procedures, and
nance and calibration. perform necessary external maintenance rec-
(a) Approved sampling devices shall be ommended by the manufacturer to assure
maintained as approved under part 74 of this the operational readiness of the CPDM with-
chapter and calibrated in accordance with in 3 hours before the start of the shift on
MSHA Informational Report IR 1240 (1996) which the sampling devices will be used to
Calibration and Maintenance Procedures collect respirable dust samples; and
for Coal Mine Respirable Dust Samplers or (2) Perform other required scheduled ex-
in accordance with the manufacturers rec- aminations and maintenance procedures rec-
ommendations if using a CPDM. Only per- ommended by the manufacturer.
sons certified in maintenance and calibra- (e) You must proceed in accordance with
tion can perform maintenance work on the Calibration and Maintenance Procedures
CPDM or on the pump unit of the CMDPSU. for Coal Mine Respirable Dust Samplers,
(b) Sampling devices shall be calibrated at MSHA Informational Report IR 1240 (1996)
the flowrate of 2.0 liters of air per minute (L/ referenced in paragraph (a) of this section.
min) if using a CMDPSU, or at 2.2 L/min if The Director of the Federal Register ap-
using a CPDM, or at a different flowrate rec- proves this incorporation by reference in ac-
ommended by the manufacturer, before they cordance with 5 U.S.C. 552(a) and 1 CFR part
are put into service and, thereafter, at time 51. You may obtain a copy from the MSHA
intervals recommended by the manufacturer Web site at http://www.msha.gov and you may
or prescribed by the Secretary or Secretary inspect or obtain a copy at MSHA, Coal Mine
of HHS. Safety and Health, 1100 Wilson Blvd., Room
(c) If using a CMDPSU, sampling devices 2424, Arlington, Virginia 222093939 and at
shall be examined and tested by a person cer- each MSHA Coal Mine Safety and Health
tified in sampling or in maintenance and District Office, or at the National Archives
calibration within 3 hours before the start of and Records Administration (NARA). For in-
the shift on which the approved sampling de- formation on the availability of this mate-
vices will be used to collect respirable dust rial at NARA, call 2027416030, or go to:
samples. This is to assure that the sampling http://www.archives.gov/federallregister/
devices are clean and in proper working con- codeloflfederallregulations/
dition. This examination and testing shall ibrllocations.html.
include the following:
(1) Examination of all components of the 71.205 Approved sampling devices; oper-
cyclone assembly to assure that they are ation; air flowrate.
clean and free of dust and dirt. This includes (a) Approved sampling devices shall be op-
examining the interior of the connector bar- erated at the flowrate of 2.0 L/min, if using
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rel (located between the cassette assembly a CMDPSU; at 2.2 L/min, if using a CPDM; or
and vortex finder), vortex finder, cyclone at a different flowrate recommended by the
body, and grit pot; manufacturer.
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Mine Safety and Health Admin., Labor Pt. 71, Subpt. C, Nt.
(b) If using a CMDPSU, each sampling de- each work position performing the same ac-
vice shall be examined each shift by a person tivity or task at the same location at the
certified in sampling during: mine and exposed to the same dust genera-
(1) The second hour after being put into op- tion source. Each operator shall provide the
eration to assure it is in the proper location, District Manager with a list identifying the
operating properly, and at the proper specific work positions where DWP samples
flowrate. If the proper flowrate is not main- will be collected for:
tained, necessary adjustments shall be made (1) Active minesby October 1, 2014.
by the certified person. (2) New minesWithin 30 calendar days of
(2) The last hour of operation to assure mine opening.
that it is operating properly and at the prop- (3) DWPs with a change in operational sta-
er flowrate. If the proper flowrate is not tus that increases or reduces the number of
maintained, the respirable dust sample shall active DWPswithin 7 calendar days of the
be transmitted to MSHA with a notation by change in status.
the certified person on the back of the dust (e) Each DWP sample shall be taken on a
data card stating that the proper flowrate normal work shift. If a normal work shift is
was not maintained. Other events occurring not achieved, the respirable dust sample
during the collection of respirable dust sam- shall be transmitted to MSHA with a nota-
ples that may affect the validity of the sam- tion by the person certified in sampling on
ple, such as dropping of the sampling head the back of the dust data card stating that
assembly onto the mine floor, shall be noted the sample was not taken on a normal work
on the back of the dust data card. shift. When a normal work shift is not
(c) If using a CPDM, the person certified in achieved, the sample for that shift may be
sampling shall monitor the dust concentra- voided by MSHA. However, any sample, re-
tions and the sampling status conditions gardless of whether a normal work shift was
being reported by the sampling device at achieved, that exceeds the applicable stand-
mid-shift or more frequently as specified in ard by at least 0.1 mg/m3 shall be used in the
the approved respirable dust control plan, if determination of the equivalent concentra-
applicable, to assure: The sampling device is tion for that occupation.
in the proper location and operating prop- (f) Unless otherwise directed by the Dis-
erly; and the work environment of the occu- trict Manager, DWP samples shall be taken
pation being sampled remains in compliance by placing the sampling device as follows:
with the applicable standard at the end of (1) Equipment operator: On the equipment
the shift. operator or on the equipment within 36
inches of the operators normal working po-
71.206 Quarterly sampling; designated sition.
work positions. (2) Non-equipment operators: On the miner
(a) Each operator shall take one valid rep- assigned to the DWP or at a location that
resentative sample from the DWP during represents the maximum concentration of
each quarterly period. The quarterly periods dust to which the miner is exposed.
are: (g) Upon notification from MSHA that any
January 1March 31 valid representative sample taken from a
April 1June 30 DWP to meet the requirements of paragraph
July 1September 30 (a) of this section exceeds the applicable
October 1December 31. standard, the operator shall, within 15 cal-
(b) When the respirable dust standard is endar days of notification, sample that DWP
changed in accordance with 71.101, the new each normal work shift until five valid rep-
applicable standard shall become effective 7 resentative samples are taken. The operator
calendar days after the date of the notifica- shall begin sampling on the first normal
tion of the change by MSHA. work shift following receipt of notification.
(c) Designated work position samples shall (h) When a valid representative sample
be collected at locations to measure res- taken in accordance with this section meets
pirable dust generation sources in the active or exceeds the excessive concentration value
workings. The specific work positions at (ECV) in Table 711 that corresponds to the
each mine where DWP samples shall be col- applicable standard and particular sampling
lected include: device used, the operator shall:
(1) Each highwall drill operator (MSHA oc- (1) Make approved respiratory equipment
cupation code 384); available to affected miners in accordance
(2) Bulldozer operators (MSHA occupation with 72.700 of this chapter;
code 368); and (2) Immediately take corrective action to
(3) Other work positions designated by the lower the concentration of respirable coal
District Manager for sampling in accordance mine dust to at or below the applicable
with 71.206(m). standard; and
(d) Operators with multiple work positions (3) Make a record of the corrective actions
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specified in paragraph (c)(2) and (c)(3) of this taken. The record shall be certified by the
section shall sample the DWP exposed to the mine foreman or equivalent mine official, no
greatest respirable dust concentration in later than the end of the mine foremans or
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Pt. 71, Subpt. C, Nt. 30 CFR Ch. I (7114 Edition)
equivalent officials next regularly scheduled TABLE 711EXCESSIVE CONCENTRATION VAL-
working shift. The record shall be made in a UES (ECV) BASED ON SINGLE, FULL-SHIFT
secure book that is not susceptible to alter- CMDPSU/CPDM CONCENTRATION MEASURE-
ation or electronically in a computer system MENTS
so as to be secure and not susceptible to al-
teration. Such records shall be retained at a ECV
surface location at the mine for at least 1 Applicable standard (mg/m3)
(mg/m3)
year and shall be made available for inspec- CMDPSU CPDM
tion by authorized representatives of the
Secretary and the representative of miners. 2.0 ...................................... 2.33 2.26
(i) Noncompliance with the applicable 1.9 ...................................... 2.22 2.15
1.8 ...................................... 2.12 2.04
standard is demonstrated during the sam- 1.7 ...................................... 2.01 1.92
pling period when: 1.6 ...................................... 1.90 1.81
(1) Two or more valid representative sam- 1.5 ...................................... 1.79 1.70
ples meet or exceed the ECV in Table 711 1.4 ...................................... 1.69 1.58
that corresponds to the applicable standard 1.3 ...................................... 1.59 1.47
1.2 ...................................... 1.47 1.36
and the particular sampling device used; or
1.1 ...................................... 1.37 1.25
(2) The average for all valid representative 1.0 ...................................... 1.26 1.13
samples meets or exceeds the ECV in Table 0.9 ...................................... 1.16 1.02
712 that corresponds to the applicable 0.8 ...................................... 1.05 0.91
standard and the particular sampling device 0.7 ...................................... 0.95 0.79
used. 0.6 ...................................... 0.85 0.68
0.5 ...................................... 0.74 0.57
(j) Unless otherwise directed by the Dis- 0.4 ...................................... 0.65 0.46
trict Manager, upon issuance of a citation 0.3 ...................................... 0.54 0.34
for a violation of the applicable standard, 0.2 ...................................... 0.44 0.23
paragraph (a) of this section shall not apply
to that DWP until the violation is abated
TABLE 712EXCESSIVE CONCENTRATION VAL-
and the citation is terminated in accordance
UES (ECV) BASED ON THE AVERAGE OF 5
with paragraphs (k) and (l) of this section.
(k) Upon issuance of a citation for viola- FULL-SHIFT CMDPSU/CPDM CONCENTRA-
tion of the applicable standard, the operator TION MEASUREMENTS
shall take the following actions sequen- ECV
tially: Applicable standard (mg/m3)
(1) Make approved respiratory equipment (mg/m3)
CMDPSU CPDM
available to affected miners in accordance
with 72.700 of this chapter; 2.0 ...................................... 2.15 2.12
(2) Immediately take corrective action to 1.9 ...................................... 2.05 2.01
lower the concentration of respirable coal 1.8 ...................................... 1.94 1.91
1.7 ...................................... 1.84 1.80
mine dust to at or below the applicable
1.6 ...................................... 1.74 1.70
standard; and 1.5 ...................................... 1.63 1.59
(3) Make a record of the corrective actions 1.4 ...................................... 1.53 1.49
taken. The record shall be certified by the 1.3 ...................................... 1.43 1.38
mine foreman or equivalent mine official, no 1.2 ...................................... 1.33 1.27
later than the end of the mine foremans or 1.1 ...................................... 1.22 1.17
1.0 ...................................... 1.12 1.06
equivalent officials next regularly scheduled 0.9 ...................................... 1.02 0.96
working shift. The record shall be made in a 0.8 ...................................... 0.92 0.85
secure book that is not susceptible to alter- 0.7 ...................................... 0.81 0.75
ation or electronically in a computer system 0.6 ...................................... 0.71 0.64
so as to be secure and not susceptible to al- 0.5 ...................................... 0.61 0.53
teration. Such records shall be retained at a 0.4 ...................................... 0.51 0.43
0.3 ...................................... 0.41 0.32
surface location at the mine for at least 1 0.2 ...................................... 0.31 0.22
year and shall be made available for inspec-
tion by authorized representatives of the (m) The District Manager may designate
Secretary and the representative of miners. for sampling under this section additional
(4) Begin sampling, within 8 calendar days work positions at a surface coal mine and at
after the date the citation is issued, the en- a surface work area of an underground coal
vironment of the affected DWP on consecu- mine where a concentration of respirable
tive normal work shifts until five valid rep- dust exceeding 50 percent of the standard in
resentative samples are taken. effect at the time the sample is taken, or a
(l) A citation for violation of the applica- concentration of respirable dust exceeding 50
ble standard shall be terminated by MSHA percent of the standard established in ac-
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when the equivalent concentration of each of cordance with 71.101, has been measured by
the five valid representative samples is at or one or more MSHA valid representative sam-
below the applicable standard. ples.
480
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Mine Safety and Health Admin., Labor Pt. 71, Subpt. C, Nt.
(n) The District Manager may withdraw electronically to MSHA shall be maintained
from sampling any DWP designated for sam- by the operator for at least 12 months.
pling under paragraph (m) of this section
upon finding that the operator is able to 71.208 Respirable dust samples; report to
maintain continuing compliance with the operator; posting.
applicable standard. This finding shall be (a) MSHA shall provide the operator, as
based on the results of MSHA and operator soon as practicable, a report with the fol-
valid representative samples taken during at lowing data on respirable dust samples sub-
least a 12-month period. mitted or whose results were transmitted
electronically, if using a CPDM, in accord-
71.207 Respirable dust samples; trans- ance with this part:
mission by operator. (1) The mine identification number;
(a) If using a CMDPSU, the operator shall (2) The DWP at the mine from which the
transmit within 24 hours after the end of the samples were taken;
sampling shift all samples collected to fulfill (3) The concentration of respirable dust,
the requirements of this part, including con- expressed as an equivalent concentration for
trol filters, in containers provided by the each valid sample;
manufacturer of the filter cassette to: Res- (4) The average equivalent concentration
pirable Dust Processing Laboratory, Pitts- of respirable dust for all valid samples;
burgh Safety and Health Technology Center, (5) The occupation code; and
Cochrans Mill Road, Building 38, P.O. Box (6) The reason for voiding any sample.
18179, Pittsburgh, Pennsylvania 152360179, or (b) Upon receipt, the operator shall post
to any other address designated by the Dis- this data for at least 31 days on the mine bul-
trict Manager. letin board.
(b) The operator shall not open or tamper (c) If using a CPDM, the person certified in
with the seal of any filter cassette or alter sampling shall, within 12 hours after the end
the weight of any filter cassette before or of each sampling shift, print, sign, and post
after it is used to fulfill the requirements of on the mine bulletin board a paper record
this part. (Dust Data Card) of each sample run. This
(c) A person certified in sampling shall hard-copy record shall include the data en-
properly complete the dust data card that is tered when the sample run was first pro-
provided by the manufacturer for each filter grammed, and the following:
cassette. The card shall have an identifica- (1) The mine identification number;
tion number identical to that on the cassette (2) The DWP at the mine from which the
used to take the sample and be submitted to samples were taken;
MSHA with the sample. Each card shall be (3) The concentration of respirable dust,
signed by the certified person who actually expressed as an equivalent concentration re-
performed the required examinations under ported and stored for each sample;
71.205(b) of this part during the sampling (4) The sampling status conditions encoun-
shift and shall include that persons MSHA tered for each sample; and
Individual Identification Number (MIIN). (5) The shift length.
Respirable dust samples with data cards not (d) The information required by paragraph
properly completed may be voided by MSHA. (c) of this section shall remain posted until
(d) All respirable dust samples collected by receipt of the MSHA report covering these
the operator shall be considered taken to ful- respirable dust samples.
fill the sampling requirements of part 70, 71,
or 90 of this title, unless the sample has been 71.209 Status change reports.
identified in writing by the operator to the (a) If there is a change in operational sta-
District Manager, prior to the intended sam- tus that affects the respirable dust sampling
pling shift, as a sample to be used for pur- requirements of this part, the operator shall
poses other than required by part 70, 71, or 90 report the change in operational status of
of this title. the mine or DWP to the MSHA District Of-
(e) Respirable dust samples received by fice or to any other MSHA office designated
MSHA in excess of those required by this by the District Manager. Status changes
part shall be considered invalid samples. shall be reported in writing or electronically
(f) If using a CPDM, the person certified in within 3 working days after the status
sampling shall (1) validate, certify, and change has occurred.
transmit electronically to MSHA within 24 (b) Each specific operational status is de-
hours after the end of each sampling shift all fined as follows:
sample data file information collected and (1) Underground mine:
stored in the CPDM, including the sampling (i) Producinghas at least one mechanized
status conditions encountered when sam- mining unit producing material.
pling each DWP; and (2) not tamper with the (ii) Nonproducingno material is being
CPDM or its components in any way before, produced.
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during, or after it is used to fulfill the re- (iii) Abandonedthe work of all miners has
quirements of this part, or alter any sample been terminated and production activity has
data files. All CPDM data files transmitted ceased.
481
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71.300 30 CFR Ch. I (7114 Edition)
(2) Surface mine: (2) The specific designated work posi-
(i) Producingnormal activity is occurring tion at the mine to which the plan ap-
and coal is being produced or processed or plies;
other material or equipment is being han-
dled or moved. (3) A detailed description of the spe-
(ii) Nonproducingnormal activity is not cific respirable dust control measures
occurring and coal is not being produced or used to abate the violation of the res-
processed, and other material or equipment pirable dust standard; and
is not being handled or moved. (4) A detailed description of how each
(iii) Abandonedthe work of all miners has of the respirable dust control measures
been terminated and all activity has ceased. described in response to paragraph
(3) DWP:
(b)(3) of this section will continue to be
(i) Producingnormal activity is occur-
ring.
used by the operator, including at least
(ii) Nonproducingnormal activity is not the specific time, place and manner the
occurring. control measures will be used.
(iii) Abandonedthe dust generating
source has been withdrawn and activity has 71.301 Respirable dust control plan;
ceased. approval by District Manager and
posting.
Subpart DRespirable Dust (a) The District Manager will approve
Control Plans respirable dust control plans on a
mine-by-mine basis. When approving
AUTHORITY: Secs. 101 and 103(h), Federal
respirable dust control plans, the Dis-
Mine Safety and Health Act of 1977, Pub. L. trict Manager shall consider whether:
91173 as amended by Pub. L. 95164, 91 Stat. (1) The respirable dust control meas-
1291 and 1299 (30 U.S.C. 811 and 813(h)). ures would be likely to maintain com-
SOURCE: 45 FR 80759, Dec. 5, 1980, unless pliance with the respirable dust stand-
otherwise noted. ard; and
(2) The operators compliance with
71.300 Respirable dust control plan; all provisions of the respirable dust
filing requirements. control plan could be objectively
(a) Within 15 calendar days after the ascertained by MSHA.
termination date of a citation for vio- (b) MSHA may take respirable dust
lation of 71.100 (Respirable dust stand- samples to determine whether the res-
ard) or 71.101 (Respirable dust stand- pirable dust control measures in the
ard when quartz is present), the oper- operators plan effectively maintain
ator shall submit to the District Man- compliance with the respirable dust
ager for approval a written respirable standard.
dust control plan applicable to the (c) The operator shall comply with
work position identified in the cita- all provisions of each respirable dust
tion. The respirable dust control plan control plan upon notice from MSHA
and revisions thereof shall be suitable that the respirable dust control plan is
to the conditions and the mining sys- approved.
tem of the coal mine and shall be ade- (d) The operator shall post on the
quate to continuously maintain res- mine bulletin board a copy of each cur-
pirable dust within the permissible
rent respirable dust control plan ap-
concentration at the surface work posi-
proved by the District Manager.
tion identified in the citation.
(e) The operator may review res-
(b) Each respirable dust control plan
pirable dust control plans and submit
shall include at least the following:
proposed revisions to such plans to the
(1) The mine identification number
District Manager for approval.
and designated work position number
assigned by MSHA, the operators EFFECTIVE DATE NOTE: At 79 FR 24985, May
name, mine name, mine address, and 1, 2014, Subpart D was revised, effective Aug.
mine telephone number and the name, 1, 2014. For the convenience of the user, the
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address, and telephone number of the revised text is set forth as follows:
principal officer in charge of health
and safety at the mine;
482
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Mine Safety and Health Admin., Labor 71.401
Subpart DRespirable Dust Control 71.301 Respirable dust control plan; ap-
proval by District Manager and posting.
Plans
(a) The District Manager will approve res-
71.300 Respirable dust control plan; filing pirable dust control plans on a mine-by-mine
requirements. basis. When approving respirable dust con-
(a) Within 15 calendar days after the termi- trol plans, the District Manager shall con-
nation date of a citation for violation of the sider whether:
applicable standard, the operator shall sub- (1) The respirable dust control measures
mit to the District Manager for approval a would be likely to maintain concentrations
written respirable dust control plan applica- of respirable coal mine dust at or below the
ble to the DWP identified in the citation. applicable standard; and
The respirable dust control plan and revi- (2) The operators compliance with all pro-
sions thereof shall be suitable to the condi- visions of the respirable dust control plan
tions and the mining system of the coal mine could be objectively ascertained by MSHA.
and shall be adequate to continuously main- (b) MSHA may take respirable dust sam-
tain respirable dust to at or below the appli- ples to determine whether the respirable
cable standard at the DWP identified in the dust control measures in the operators plan
citation. effectively maintain concentrations of res-
(1) The mine operator shall notify the rep- pirable coal mine dust at or below the appli-
resentative of miners at least 5 days prior to cable standard.
submission of a respirable dust control plan (c) The operator shall comply with all pro-
and any revision to a dust control plan. If re- visions of each respirable dust control plan
quested, the mine operator shall provide a upon notice from MSHA that the respirable
copy to the representative of miners at the dust control plan is approved.
time of notification; (d) The approved respirable dust control
(2) A copy of the proposed respirable dust plan and any revisions shall be:
control plan, and a copy of any proposed re- (1) Provided upon request to the represent-
vision, submitted for approval shall be made ative of miners by the operator following no-
available for inspection by the representa- tification of approval;
tive of miners; and (2) Made available for inspection by the
(3) A copy of the proposed respirable dust representative of miners; and
control plan, and a copy of any proposed re- (3) Posted on the mine bulletin board with-
vision, submitted for approval shall be post- in 1 working day following notification of ap-
ed on the mine bulletin board at the time of proval, and shall remain posted for the pe-
submittal. The proposed plan or proposed re- riod that the plan is in effect.
vision shall remain posted until it is ap- (e) The operator may review respirable
proved, withdrawn, or denied. dust control plans and submit proposed revi-
(4) Following receipt of the proposed plan sions to such plans to the District Manager
or proposed revision, the representative of for approval.
miners may submit timely comments to the
District Manager, in writing, for consider-
ation during the review process. Upon re- Subpart ESurface Bathing Facili-
quest, a copy of these comments shall be pro- ties, Change Rooms, and San-
vided to the operator by the District Man- itary Flush Toilet Facilities at
ager.
(b) Each respirable dust control plan shall
Surface Coal Mines
include at least the following:
71.400 Bathing facilities; change
(1) The mine identification number and
DWP number assigned by MSHA, the opera-
rooms; sanitary flush toilet facili-
tors name, mine name, mine address, and
ties.
mine telephone number and the name, ad- Each operator of a surface coal mine
dress, and telephone number of the principal shall provide bathing facilities, cloth-
officer in charge of health and safety at the ing change rooms, and sanitary flush
mine; toilet facilities, as hereinafter pre-
(2) The specific DWP at the mine to which
the plan applies; scribed, for the use of miners employed
(3) A detailed description of the specific in the surface installations and at the
respirable dust control measures used to surface worksites of such mine. (NOTE:
abate the violation of the respirable dust Sanitary facilities at surface work
standard; and areas of underground mines are subject
(4) A detailed description of how each of to the provisions of 75.1712 of this
the respirable dust control measures de- chapter et seq.)
scribed in response to paragraph (b)(3) of this
section will continue to be used by the oper-
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483
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71.402 30 CFR Ch. I (7114 Edition)
location convenient for the use of the tained at the National Institute for Oc-
miners. Where these facilities are de- cupational Safety and Health, 5600
signed to serve more than one mine, Fishers Lane, Rockville, Md.
they shall be centrally located so as to (c) In addition to the minimum re-
be convenient for the use of all miners quirements specified in paragraphs (a)
served by the facilities. and (b) of this section, facilities main-
tained in accordance with 71.400 shall
71.402 Minimum requirements for
bathing facilities, change rooms, include the following:
and sanitary flush toilet facilities. (1) Bathing facilities. (i) Showers shall
be provided with both hot and cold
(a) All bathing facilities, change
rooms, and sanitary flush toilet facili- water.
ties shall be provided with adequate (ii) At least one shower head shall be
light, heat, and ventilation so as to provided where five or less miners use
maintain a comfortable air tempera- such showers.
ture and to minimize the accumulation (iii) Where five or more miners use
of moisture and odors, and the facili- such showers, sufficient showers shall
ties shall be maintained in a clean and be furnished to provide approximately
sanitary condition. one shower head for each five miners.
(b) Bathing facilities, change rooms, (iv) A suitable nonirritating cleans-
and sanitary flush toilet facilities shall ing agent shall be provided for use at
be constructed and equipped so as to each shower.
comply with applicable State and local (2) Sanitary flush toilet facilities. (i) At
building codes. However, Where no least one sanitary flush toilet shall be
State or local building codes apply to provided where 10 or less miners use
these facilities, or where no State or such toilet facilities.
local building codes exist, the facilities (ii) Where 10 or more miners use such
shall be constructed and equipped so as
toilet facilities, sufficient flush toilets
to meet the minimum construction re-
shall be furnished to provide approxi-
quirements in the National Building
Code (1967 edition) and the plumbing mately one sanitary flush toilet for
requirements in the National Plumbing each 10 miners.
Code (ASA A40.81955) which docu- (iii) Where 30 or more miners use toi-
ments are hereby incorporated by ref- let facilities, one urinal may be sub-
erence and made a part hereof. These stituted for one flush toilet, however,
documents are available for examina- where such substitutions are made
tion at the Mine Safety and Health Ad- they shall not reduce the number of
ministration, Department of Labor, toilets below a ratio of two flush toi-
1100 Wilson Blvd., Room 2424, Arling- lets to one urinal.
ton, Virginia 222093939; at every MSHA (iv) An adequate supply of toilet
Coal Mine Safety and Health district paper shall be provided with each toi-
office; at the National Institute for Oc- let.
cupational Safety and Health, 5600 (v) Adequate handwashing facilities
Fishers Lane, Rockville, Md.; and at or hand lavatories shall be provided in
the Public Health Service Information or adjacent to each toilet facility.
Centers as listed in 45 CFR 5.31. Copies (3) Change rooms. (i) Individual
of the National Building Code (1967 edi- clothes storage containers or lockers
tion) may be purchased from the Amer-
shall be provided for storage of miners
ican Insurance Association, 85 John
clothing and other incidental personal
Street, New York, NY 10038, and copies
of the National Plumbing Code (ASA belongings during and between shifts.
A40.81955) may be purchased from the (ii) Change rooms shall be provided
American National Standards Insti- with sample space to permit the use of
tute, Inc., 25 W. 43rd Street, 4th Floor, such facilities by all miners changing
New York, NY 10036; http:// clothes prior to and after each shift.
www.ansi.org. An official historic file of [37 FR 6368, Mar. 28, 1972, as amended at 43
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the National Building Code (1967 edi- FR 12319, Mar. 24, 1978; 67 FR 38385, June 4,
tion) and of the National Plumbing 2002; 71 FR 16668, Apr. 3, 2006]
Code (ASA A40.81955) will be main-
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Mine Safety and Health Admin., Labor 71.500
71.403 Waiver of surface facilities re- (1) The name and address of the mine
quirements; posting of waiver. operator,
(a) The Coal Mine Health and Safety (2) The name and location of the
District Manager for the district in mine, and
which the mine is located, after con- (3) A detailed statement of the
sultation with the appropriate Re- grounds upon which the waiver is re-
gional Program Director, National In- quested and the period of time for
stitute for Occupational Safety and which it is requested.
Health, may, upon written application (b) At the same time the application
by the operator, and after consider- is sent to the District Manager, a copy
ation of any comments filed within 30 of the application shall be forwarded to
days after receipt of the application, the appropriate Regional Program Di-
waive any or all of the requirements rector, National Institute for Occupa-
for 71.400 through 71.402 for a period tional Safety and Health by the oper-
not to exceed 1 year if he determines ator, and a copy showing the addresses
that of the appropriate District Manager
(1) The operator is providing or mak- and Regional Program Director shall
ing available, under arrangements with be posted by the operator for at least 30
one or more third parties, facilities days on the mine bulletin board re-
which are at least equivalent to those quired by section 107(a) of the Act.
required by the standards, or
(2) It is impractical for the operator
to meet the requirement(s) or provide
Subpart FSanitary Toilet Facilities
the facility (facilities) for which the at Surface Worksites of Sur-
waiver is sought. face Coal Mines
(b) The waiver shall be in writing and
71.500 Sanitary toilet facilities at sur-
shall set forth the requirement(s)
face work sites; installation re-
which the operator will not be required quirements.
to meet or the facilities which the op-
erator will not be required to provide (a) Each operator of a surface coal
and the specific reason or reasons for mine shall provide and install at least
such waiver. one sanitary toilet in a location con-
(c) Upon receipt of any waiver, the venient to each surface work site. A
operator shall post a copy of the waiver single sanitary toilet may serve two or
for at least 30 days on the mine bul- more surface work sites in the same
letin board required by section 107(a) of surface mine where the sanitary toilet
the Act. is convenient to each such work site.
(d) An extension of the waiver at the (b) Where 10 or more miners use such
end of 1 year may be sought by the op- toilet facilities, sufficient toilets shall
erator by filing an application pursu- be furnished to provide approximately
ant to 71.404 no later than 30 days nor one sanitary toilet for each 10 miners.
more than 60 days prior to the expira- (c) Sanitary toilets shall have an at-
tion date of the waiver. tached toilet seat with a hinged lid and
(Pub. L. No. 96511, 94 Stat. 2812 (44 U.S.C. a toilet paper holder together with an
3501 et seq.)) adequate supply of toilet tissue.
(d) Only flush or nonflush chemical
[37 FR 6368, Mar. 28, 1972, as amended at 47
FR 14696, Apr. 6, 1982; 60 FR 33723, June 29, or biological toilets, combustion or in-
1995] cinerating toilets, sealed bag toilets,
and vault toilets meet the require-
71.404 Application for waiver of sur- ments of this section. Privies are pro-
face facilities requirements. hibited.
(a) Application for waivers of any re- NOTE TO PARAGRAPH (d): Sanitary toilet fa-
quirements of 71.400 through 71.402 cilities for surface work areas of under-
shall be in writing, filed with the ap- ground mines are subject to the provisions of
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71.501 30 CFR Ch. I (7114 Edition)
(b) Water transported to the site the listed threshold limit values shall
shall be carried, stored and otherwise not be of greater magnitude than is
protected in sanitary containers con- characterized as permissible by the
486
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Mine Safety and Health Admin., Labor 71.702
487
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Pt. 72 30 CFR Ch. I (7114 Edition)
limit or the 1 f/cc excursion limit. AUTHORITY: 30 U.S.C. 811, 813(h), 957.
When PCM results indicate a potential SOURCE: 59 FR 8327, Feb. 18, 1994, unless
exposure exceeding the 0.1 f/cc full- otherwise noted.
shift limit or the 1 f/cc excursion limit,
samples shall be further analyzed using
transmission electron microscopy ac-
Subpart AGeneral
cording to NIOSH Method 7402 or a 72.1 Scope.
method at least equivalent to that
method. The health standards in this part
apply to all coal mines.
[73 FR 11304, Feb. 29, 2008, as amended at 73
FR 66172, Nov. 7, 2008]
Subpart BMedical Surveillance
PART 72HEALTH STANDARDS FOR
COAL MINES EFFECTIVE DATE NOTE: At 79 FR 24986, May
1, 2014, Subpart B was added, effective Aug. 1,
2014.
Subpart AGeneral
Sec. 72.100 Periodic examinations.
72.1 Scope.
(a) Each operator of a coal mine shall
Subpart BMedical Surveillance provide to each miner periodic exami-
nations including chest x-rays,
72.100 Periodic examinations. spirometry, symptom assessment, and
occupational history at a frequency
Subpart C [Reserved]
specified in this section and at no cost
Subpart DDiesel Particulate MatterUn- to the miner.
derground Areas of Underground Coal (1) Each operator shall use facilities
Mines approved by the National Institute for
Occupational Safety and Health
72.500 Emission limits for permissible die- (NIOSH) to provide examinations speci-
sel-powered equipment. fied in paragraph (a) of this section.
72.501 Emission limits for nonpermissible
heavy-duty diesel-powered equipment, (2) The results of examinations or
generators and compressors. tests made pursuant to this section
72.502 Requirements for nonpermissible shall be furnished only to the Sec-
light-duty diesel-powered equipment retary, Secretary of Health and Human
other than generators and compressors. Services (HHS), and at the request of
72.503 Determination of emissions; filter the miner, to the miners designated
maintenance; definition of introduced.
physician.
72.510 Miner health training.
72.520 Diesel equipment inventory. (b) Voluntary examinations. Each oper-
ator shall provide the opportunity to
Subpart EMiscellaneous have the examinations specified in
72.100(a) at least every 5 years to all
72.610 Abrasive blasting.
72.620 Drill dust control at surface mines
miners employed at a coal mine. The
and surface areas of underground mines. examinations shall be available during
72.630 Drill dust control at underground a 6-month period that begins no less
areas of underground mines. than 3.5 years and not more than 4.5
72.700 Respiratory equipment; respirable years from the end of the last 6-month
dust. period.
72.701 Respiratory equipment; gas, dusts,
(c) Mandatory examinations. For each
fumes, or mists.
72.710 Selection, fit, use, and maintenance miner who begins work at a coal mine
of approved respirators. for the first time, the operator shall
72.800 Single, full-shift measurement of res- provide examinations specified in
pirable coal mine dust. 72.100(a) as follows:
AUTHORITY: 30 U.S.C. 811, 813(h), 957, 961. (1) An initial examination no later
than 30 days after beginning employ-
EFFECTIVE DATE NOTE: At 79 FR 24986, May
1, 2014, the authority citation was revised, ef-
ment;
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fective Aug. 1, 2014. For the convenience of (2) A follow-up examination no later
the user, the revised text is set forth as fol- than 3 years after the initial examina-
lows: tion in paragraph (c)(1); and
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Mine Safety and Health Admin., Labor 72.502
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72.503 30 CFR Ch. I (7114 Edition)
TABLE 72.5021
EPA requirement EPA category PM limit
(c) The requirements of this section ance with the requirements of Subpart
do not apply to any diesel-powered am- E of part 7 of this title; and
bulance or fire fighting equipment that (3) with an aftertreatment device rep-
is being used in accordance with the resentative of that being used on the
mine fire fighting and evacuation plan piece of diesel-powered equipment in
under 75.1502. question.
(c) In lieu of the laboratory tests re-
[66 FR 5704, Jan. 19, 2001, as amended at 66
FR 15033, Mar. 15, 2001; 66 FR 27866, May 21, quired by paragraph (b), the Secretary
2001; 70 FR 36347, June 23, 2005] may accept the results of tests con-
ducted or certified by an organization
72.503 Determination of emissions; whose testing standards are deemed by
filter maintenance; definition of the Secretary to be as rigorous as
introduced. those set forth by paragraph (b) of this
(a) MSHA will determine compliance section; and further, the Secretary
with the emission requirements estab- may accept the results of tests for one
lished by this part by using the amount aftertreatment device as evidencing
of diesel particulate matter emitted by the efficiency of another
a particular engine determined from aftertreatment device which the Sec-
the engine approval pursuant to retary determines to be essentially
7.89(a)(9)(iii)(B) or 7.89(a)(9)(iv)(A) of identical to the one tested.
this title, with the exception of engines (d) Operators must maintain in ac-
deemed to be in compliance by meeting cordance with manufacturer specifica-
the EPA requirements specified in tions and free of observable defects,
Table 72.5021 ( 72.502(b)). any aftertreatment device installed on
(b) Except as provided in paragraph a piece of diesel equipment upon which
(c) of this section, the amount by the operator relies to remove diesel
which an aftertreatment device can re- particulate matter from diesel emis-
duce engine emissions of diesel particu- sions.
late matter as determined pursuant to (e) For purposes of 72.500(a),
paragraph (a) must be established by a 72.501(a) and 72.502(a), the term intro-
laboratory test: duced means any piece of equipment
(1) on an approved engine which whose engine is a new addition to the
MSHA has determined, pursuant to underground inventory of engines of
paragraph (a) of this section, to emit the mine in question, including newly
no more diesel particulate matter than purchased equipment, used equipment,
the engine being used in the piece of and equipment receiving a replacement
diesel-powered equipment in question; engine that has a different serial num-
(2) using the test cycle specified in ber than the engine it is replacing.
Table E3 of 7.89 of this title, and fol- Introduced does not include a piece
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lowing a test procedure appropriate for of equipment whose engine was pre-
the filtration system, by a laboratory viously part of the mine inventory and
capable of testing engines in accord- rebuilt.
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Mine Safety and Health Admin., Labor 72.630
changes to the diesel equipment inven- (c) Water control. Water used to con-
tory as equipment or emission control trol dust from drilling rock shall be ap-
systems are added, deleted or modified plied through a hollow drill steel or
491
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72.700 30 CFR Ch. I (7114 Edition)
492
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Mine Safety and Health Admin., Labor 74.2
SOURCE: 75 FR 17523, Apr. 6, 2010, unless zations. ISO produces industrial and
otherwise noted. commercial voluntary consensus stand-
ards used worldwide.
493
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74.3 30 CFR Ch. I (7114 Edition)
(f) Precision: the relative variability ment. If the pump is capable of main-
of measurements from a homogeneous taining the flow rate consistency re-
atmosphere about the mean of the pop- quired in this part without adjustment,
ulation of measurements, divided by an external flow rate adjuster is not re-
the mean at a given concentration. It quired.
reflects the ability of a CPDM to rep- (7) Battery. The power supply for the
licate measurement results. pump shall be a suitable battery lo-
cated in the pump case or in a separate
Subpart BApproval Require- case which attaches to the pump case
ments for Coal Mine Dust Per- by a permissible electrical connection.
sonal Sampler Unit (8) Pulsation. (i) The irregularity in
flow rate due to pulsation shall have a
74.3 Sampler unit. fundamental frequency of not less than
A CMDPSU shall consist of: 20 Hz.
(a) A pump unit, (ii) The quantity of respirable dust
(b) A sampling head assembly, and collected with a sampler unit shall be
(c) If rechargeable batteries are used within 5 percent of that collected with
in the pump unit, a battery charger. a sampling head assembly operated
with nonpulsating flow.
74.4 Specifications of sampler unit. (9) Belt clips. The pump unit shall be
(a) Pump unit: provided with a belt clip which will
(1) Dimensions. The overall dimen- hold the pump securely on a coal min-
sions of the pump unit, hose connec- ers belt.
tions, and valve or switch covers shall (10) Recharging connection. A suitable
not exceed 4 inches (10 centimeters) in connection shall be provided so that
height, 4 inches (10 centimeters) in the battery may be recharged without
width, and 2 inches (5 centimeters) in removing the battery from the pump
thickness. case or from the battery case if a sepa-
(2) Weight. The pump unit shall not rate battery case is used.
weigh more than 20 ounces (567 grams). (11) Flow rate indicator. A visual indi-
(3) Construction. The case and all cator of flow rate shall be provided ei-
components of the pump unit shall be ther as an integral part of the pump
of sufficiently durable construction to unit or of the sampling head assembly.
endure the wear of use in a coal mine, The flow rate indicator shall be cali-
shall be tight fitting to minimize the brated within 5 percent at 2.2, 2.0, and
amount of dust entering the pump 1.7 liters per minute to indicate the
case, and shall be designed to protect rate of air passing through the accom-
against radio frequency interference panying sampling head assembly.
and electromagnetic interference. (12) Flow rate range. The pump shall
(4) Exhaust. The pump shall exhaust be capable of operating within a range
into the pump case, maintaining a of from 1.5 to 2.5 liters per minute and
slight positive pressure which will re- shall be adjustable over this range.
duce the entry of dust into the pump (13) Flow rate consistency. The flow
case. shall remain within 0.1 liters per
(5) Switch. The pump unit shall be minute over at least a 10-hour period
equipped with an ON/OFF switch or when the pump is operated at 2 liters
equivalent device on the outside of the per minute with a standard sampling
pump case. This switch shall be pro- head assembly.
tected against accidental operation (14) Flow restriction indicator. The
during use and protected to keep dust pump shall be capable of detecting re-
from entering the mechanisms. stricted flow and providing a visual in-
(6) Flow rate adjustment. Except as dication if it occurs. The flow restric-
provided in the last sentence of this tion indicator shall remain activated
paragraph, the pump unit shall be until the cause is corrected. The pump
equipped with a suitable means of flow shall shut down automatically if flow
rate adjustment accessible from out- is restricted for one minute.
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side the case. The flow rate adjuster (15) Duration of operation. The pump
shall be recessed in the pump case and with a fully charged battery pack shall
protected against accidental adjust- be capable of operating for (i) not less
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Mine Safety and Health Admin., Labor 74.4
than 8 hours at a flow rate of 2 liters ter, shall not exceed 5 grams and it
per minute against a resistance of 25 shall be pre-weighed by the manufac-
inches (64 centimeters) of water meas- turer with a precision of 0.001 milli-
ured at the inlet of the pump; and (ii) grams. Impact to the capsule shall not
for not less than 10 hours at a flow rate dislodge any dust from the capsule,
of 2 liters per minute against a resist- which might then be lost to the weight
ance of 15 inches (38 centimeters) of measurement.
water measured at the inlet of the (iii) Cassette. The cassette shall en-
pump. close the capsule so as to prevent con-
(16) Low battery indicator. The pump tamination and intentional or inad-
unit shall be equipped with a visual in- vertent alteration of dust deposited on
dicator of low battery power. the filter. The cassette must be easily
(17) Elapsed time indicator. The pump
removable without causing a loss or
unit shall be capable of displaying the
gain of capsule weight. The cassette
actual pump run time in minutes (up
shall be designed to prevent contami-
to 999 minutes) and retaining the last
nants from entering or dust from leav-
reading after the pump is shut down
due to either a flow restriction de- ing the capsule when it is not in use,
scribed in paragraph (a)(14) of this sec- and to prevent the reversal of airflow
tion or low battery power described in through the capsule or other means of
paragraph (a)(16) of this section or at removing dust collected on the filter.
the end of the sampling shift. (3) Arrangement of components. The
(b) Sampling head assembly. The sam- connections between the cyclone vor-
pling head assembly shall consist of a tex finder and the capsule and between
cyclone and a filter assembly as fol- the capsule and the 14-inch (0.64 centi-
lows: meters) (inside diameter) hose men-
(1) Cyclone. The cyclone shall consist tioned in paragraph (b)(5) of this sec-
of a cyclone body with removable grit tion shall be mechanically firm and
cap and a vortex finder and shall be shall not leak at a rate of more than
constructed of nylon or a material 0.1 liters per hour under a vacuum of 4
equivalent in performance. The dimen- inches (10 centimeters) of water.
sions of the components, with the ex- (4) Clamping of components. The
ception of the grit cap, shall be iden- clamping and positioning of the cy-
tical to those of a Dorr-Oliver 10 milli- clone body, vortex finder, and cassette
meter cyclone body, part No. 28541/4A shall be rigid, remain in alignment, be
or 01B1147601 and vortex finder, part firmly in contact and airtight. The cy-
No. 28541/4B. clone-cassette assembly shall be at-
(2) Filter assembly. The filter assembly tached firmly to a backing plate or
shall meet the following requirements: other means of holding the sampling
(i) Filter. The filter shall be a mem- head in position. The cyclone shall be
brane filter type with a nominal pore held in position so that the inlet open-
size not over 5 micrometers. It shall be ing of the cyclone is pointing perpen-
nonhydroscopic and shall not dissolve
dicular to, and away from, the backing
or decompose when immersed in ethyl
plate.
or isopropyl alcohol. The strength and
surface characteristics of the filter (5) Hose. A 3-foot (91 centimeter)
shall be such that dust deposited on its long, 14-inch (0.64 centimeters) (inside
surface may be removed by ultrasonic diameter) clear plastic hose shall be
methods without tearing the filter. The provided to form an airtight connec-
filter resistance shall not exceed 2 tion between the inlet of the sampler
inches (0.5 centimeters) of water at an pump and the outlet of the filter as-
airflow rate of 2 liters per minute. sembly. A device, capable of sliding
(ii) Capsule. The capsule enclosing along the hose and attaching to the
the filter shall not permit sample air miners outer garment, shall be pro-
to leak around the filter and shall pre- vided.
vent visual inspection of the filter sur- (c) Battery charger.
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face or filter loading. The capsule shall (1) Power supply. The battery charger
be made of nonhydroscopic material. shall be operated from a 110 (VAC)
Its weight, including the enclosed fil- (nominal), 60 Hz power line.
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74.5 30 CFR Ch. I (7114 Edition)
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Mine Safety and Health Admin., Labor 74.7
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74.7 30 CFR Ch. I (7114 Edition)
safe and measure respirable coal mine bility tests, which NIOSH will apply to
dust concentrations accurately, as test devices prior to their use in fur-
specified under 74.8 of this section ther testing under 74.8 of this-subpart:
after undergoing the following dura-
Vibration ...... Mil-Std-810F, 514.5 ........ U.S. Highway Vibration, 1 Hours/Axis, 3 Axis;
Restrained Figure Total Duration = 3 Hrs,
514.5C1. equivalent to 1,000
miles.
Drop ............ 3-foot drop onto bare In standard in-use con- 1 drop per axis (3 total).
concrete surface. figuration.
(1) Persons must proceed in accord- units of mass per volume of air (mg/m3)
ance with Mil-Std-810F, 514.5, Depart- with two significant figures of accu-
ment of Defense Test Method for Envi- racy rounded as customary.
ronmental Engineering Considerations (i) Power requirements. The power
and Laboratory Tests, 1 January 2000. source of the CPDM shall have suffi-
The Director of the Federal Register cient capacity to enable continuous
approves this incorporation by ref- sampling for 12 hours in a coal mine
erence in accordance with 5 U.S.C. dust atmosphere of up to 4.0 mg/m3. If
552(a) and 1 CFR part 51. Persons may the CPDM uses a rechargeable battery,
obtain a copy from the U.S. Depart- the battery charger shall be operated
ment of Defense at the address pro- from a 110 (VAC) (nominal), 60 Hz
vided below. power line.
ASC/ENOI, Bldg. 560, 2530 Loop Road (j) Flow stability and calibration of
West, Wright-Patterson AFB OH 45433 pump. If a pump is used, the flow shall
7101. http://www.dtc.army.mil/navigator/. not vary more than 5 percent of the
(2) Persons may inspect a copy at calibrated flow for 95 percent of sam-
MSHA, Office of Standards, Regula- ples taken for any continuous duration
tions, and Variances, 1100 Wilson Bou- for up to 12 hours. The flow calibration
levard, Room 2350, Arlington, Virginia maintenance interval to assure such
222093939, (202) 6939440, or at the Na- performance shall be specified in the
tional Archives and Records Adminis-
calibration instructions for the device.
tration (NARA). For information on
(k) Battery check. If the CPDM uses a
the availability of this material at
NARA, call 2027416030, or go to: http:// rechargeable battery, the CPDM shall
www.archives.gov/federallregister/ have a feature to indicate to the user
codeloflfederallregulations/ that the device is sufficiently charged
ibrllocations.html. to operate and provide accurate meas-
(h) Reporting of monitoring results. urements for an entire shift of 12 hours
(1) The CPDM shall report contin- under normal conditions of use.
uous monitoring results legibly or au- (l) Integration with other personal min-
dibly during use. A digital display, if ing equipment.
used, shall be illuminated and shall (1) If the CPDM is integrated or
provide a minimum character height of shares functions with any other devices
6 millimeters. Other forms of display used in mines, such as cap lights or
(e.g., analogue) must provide com- power sources, then the applicant shall
parable visibility. Auditory reporting, obtain approvals for such other de-
if used, shall be clear, have adjustable vices, prior to receiving final certifi-
volume, and provide means for the user cation of the CPDM under this section.
to obtain data reports repetitively. The (2) A CPDM that is integrated with
CPDM shall also report end-of-shift re- another device shall be tested, accord-
sults using computer software compat- ing to all the requirements under this
ible with current, commonly used per- part, with the other device coupled to
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Mine Safety and Health Admin., Labor 74.8
A CPDM must perform accurately, as speci- CFR part 51. Persons may obtain a
fied, for intrashift measurements within copy at the address below: NIOSHPub-
such equivalent concentration ranges. lications Dissemination, 4676 Columbia
499
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74.9 30 CFR Ch. I (7114 Edition)
222093939, (202) 6939440, or at the Na- any storage conditions that would like-
tional Archives and Records Adminis- ly impair the effective functioning of
tration (NARA). For information on the CPDM; and
500
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Mine Safety and Health Admin., Labor 74.13
501
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74.14 30 CFR Ch. I (7114 Edition)
(a) Certificate of approval will be ac- (1) Application shall be made as for
companied by photographs of designs an original certificate of approval, re-
for the approval labels to be affixed to questing that the existing certification
502
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Mine Safety and Health Admin., Labor Pt. 75
be extended to encompass the proposed 75.159 Records of certified and qualified per-
change. The application shall be ac- sons.
companied by drawings, specifications, 75.160 Training programs.
75.161 Plans for training programs.
and related material.
(2) The application and accom- Subpart CRoof Support
panying material will be examined by
NIOSH to determine whether testing of 75.200 Scope.
the modified CMDPSU or CPDM or 75.201 Definitions.
75.202 Protection from falls of roof, face and
components will be required. Testing ribs.
will be necessary if there is a possi- 75.203 Mining methods.
bility that the modification may ad- 75.204 Roof bolting.
versely affect the performance of the 75.205 Installation of roof support using
CMDPSU or CPDM. NIOSH will inform mining machines with integral roof bolt-
the applicant whether such testing is ers.
required. 75.206 Conventional roof support.
75.207 Pillar recovery.
(3) If the proposed modification 75.208 Warning devices.
meets the pertinent requirements of 75.209 Automated Temporary Roof Support
these regulations, a formal extension (ATRS) systems.
of certification will be issued, accom- 75.210 Manual installation of temporary
panied by a list of new and revised support.
drawings and specifications to be added 75.211 Roof testing and scaling.
to those already on file as the basis for 75.212 Rehabilitation of areas with unsup-
ported roof.
the extension of certification. 75.213 Roof support removal.
(b) If a change is proposed in a pump 75.214 Supplemental support materials,
unit of a certified CMDPSU or in elec- equipment and tools.
trical components of a CPDM, the ap- 75.215 Longwall mining systems.
proval of MSHA with respect to intrin- 75.220 Roof control plan.
sic safety shall be obtained in accord- 75.221 Roof control plan information.
ance with the procedures set forth in 75.222 Roof control planapproval criteria.
75.223 Evaluation and revision of roof con-
74.11(d). trol plan.
74.18 Withdrawal of certification. Subpart DVentilation
Any certificate of approval issued
75.300 Scope.
under this part may be revoked for 75.301 Definitions.
cause by NIOSH or MSHA which issued 75.302 Main mine fans.
the certificate. 75.310 Installation of main mine fans.
75.311 Main mine fan operation.
PART 75MANDATORY SAFETY 75.312 Main mine fan examinations and
records.
STANDARDSUNDERGROUND 75.313 Main mine fan stoppage with persons
COAL MINES underground.
75.320 Air quality detectors and measure-
Subpart AGeneral ment devices.
75.321 Air quality.
Sec. 75.322 Harmful quantities of noxious gases.
75.1 Scope. 75.323 Actions for excessive methane.
75.2 Definitions. 75.324 Intentional changes in the ventila-
tion system.
Subpart BQualified and Certified Persons 75.325 Air quantity.
75.326 Mean entry air velocity.
75.100 Certified person. 75.327 Air courses and trolley haulage sys-
75.150 Tests for methane and for oxygen de- tems.
ficiency; qualified person. 75.330 Face ventilation control devices.
75.151 Tests for methane; qualified person; 75.331 Auxiliary fans and tubing.
additional requirement. 75.332 Working sections and working places.
75.152 Tests of air flow; qualified person. 75.333 Ventilation controls.
75.153 Electrical work; qualified person. 75.334 Worked-out areas and areas where
75.154 Repair of energized surface high volt- pillars are being recovered.
age lines; qualified person. 75.335 Seal strengths, design applications,
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Pt. 75 30 CFR Ch. I (7114 Edition)
75.337 Construction and repair of seals. 75.5031 Statement listing all electric face
75.338 Training. equipment.
75.339 Seals records. 75.504 Permissibility of new, replacement,
75.340 Underground electrical installations. used, reconditioned, additional, and re-
75.341 Direct-fired intake air heaters. built electric face equipment.
75.342 Methane monitors. 75.505 Mines classed gassy; use and mainte-
75.343 Underground shops. nance of permissible electric face equip-
75.344 Compressors. ment.
75.350 Belt air course ventilation. 75.506 Electric face equipment; require-
75.351 Atmospheric monitoring systems. ments for permissibility.
75.352 Actions in response to AMS malfunc- 75.5061 Electric face equipment; permis-
tion, alert, or alarm signals. sible condition; maintenance require-
75.360 Preshift examination at fixed inter- ments.
vals. 75.507 Power connection points.
75.361 Supplemental examination. 75.5071 Electric equipment other than
75.362 On-shift examination. power-connection points; outby the last
75.363 Hazardous conditions and violations
open crosscut; return air; permissibility
of mandatory health or safety standards;
requirements.
posting, correcting, and recording.
75.508 Map of electrical system.
75.364 Weekly examination.
75.5081 Mine tracks.
75.370 Mine ventilation plan; submission
and approval. 75.5082 Changes in electric system map; re-
75.371 Mine ventilation plan; contents. cording.
75.372 Mine ventilation map. 75.509 Electric power circuit and electric
75.373 Reopening mines. equipment; deenergization.
75.380 Escapeways; bituminous and lignite 75.510 Energized trolley wires; repair.
mines. 75.5101 Repair of energized trolley wires;
75.381 Escapeways; anthracite mines. training.
75.382 Mechanical escape facilities. 75.511 Low-, medium-, or high-voltage dis-
75.384 Longwall and shortwall travelways. tribution circuits and equipment; repair.
75.385 Opening new mines. 75.5111 Qualified person.
75.386 Final mining of pillars. 75.512 Electric equipment; examination,
75.388 Boreholes in advance of mining. testing and maintenance.
75.389 Mining into inaccessible areas. 75.5121 Qualified person.
75.5122 Frequency of examinations.
Subpart ECombustible Materials and 75.513 Electric conductor; capacity and in-
Rock Dusting sulation.
75.5131 Electric conductor; size.
75.400 Accumulation of combustible mate- 75.514 Electrical connections or splices;
rials. suitability.
75.4001 Definitions. 75.515 Cable fittings; suitability.
75.4002 Cleanup program. 75.516 Power wires; support.
75.401 Abatement of dust; water or water 75.5161 Installed insulators.
with a wetting agent. 75.5162 Communication wires and cables;
75.4011 Excessive amounts of dust. installation; insulation; support.
75.402 Rock dusting. 75.517 Power wires and cables; insulation
75.4021 Definition. and protection.
75.4022 Exceptions. 75.5171 Power wires and cables; insulation
75.403 Maintenance of incombustible con- and protection.
tent of rock dust. 75.5172 Plans for insulation of existing bare
75.4031 Incombustible content.
power wires and cables.
75.404 Exemption of anthracite mines.
75.518 Electric equipment and circuits; over-
load and short circuit protection.
Subpart FElectrical EquipmentGeneral
75.5181 Electric equipment and circuits;
75.500 Permissible electric equipment. overload and short circuit protection;
75.5001 Other low horsepower electric face minimum requirements.
equipment. 75.5182 Incandescent lamps; overload and
75.501 Permissible electric face equipment; short circuit protection.
coal seams above water table. 75.519 Main power circuits; disconnecting
75.5011 Coal seams above the water table. switches.
75.5012 Permissible electric face equip- 75.5191 Main power circuits; disconnecting
ment. switches; locations.
75.5013 New openings; mines above water 75.520 Electric equipment; switches.
table and never classed gassy. 75.521 Lightning arresters; ungrounded and
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Mine Safety and Health Admin., Labor Pt. 75
75.5221 Incandescent and fluorescent 75.702 Protection other than grounding.
lamps. 75.7021 Protection other than grounding;
75.523 Electric face equipment; approved by an authorized representative
deenergization. of the Secretary.
75.5231 Deenergization of self-propelled 75.703 Grounding offtrack direct-current
electric face equipment installation re- machines and enclosures of related de-
quirements. tached components.
75.5232 Deenergization of self-propelled 75.7031 Approved method of grounding.
electric face equipment; performance re- 75.7032 Approved grounding mediums.
quirements. 75.7033 Approved methods of grounding off-
75.5233 Automatic emergency-parking track mobile, portable and stationary di-
brakes. rect-current machines.
75.524 Electric face equipment; electric 75.7034 Other methods of protecting off-
equipment used in return air outby the track direct-current equipment; ap-
last open crosscut; maximum level of al- proved by an authorized representative
ternating or direct electric current be- of the Secretary.
tween frames of equipment. 75.704 Grounding frames of stationary high-
APPENDIX A TO SUBPART FLIST OF voltage equipment receiving power from
PERMISSABLE ELECTRIC FARE EQUIPMENT ungrounded delta systems.
APPROVED BY THE BUREAU OF MINES 75.7041 Approved methods of grounding.
PRIOR TO MAY 23, 1936 75.705 Work on high-voltage lines; deener-
gizing and grounding.
Subpart GTrailing Cables 75.7051 Work on high-voltage lines.
75.7052 Repairs to energized surface high-
75.600 Trailing cables; flame resistance. voltage lines.
75.6001 Approved cables; flame resistance. 75.7053 Work on energized high-voltage sur-
75.601 Short circuit protection of trailing face lines; reporting.
cables. 75.7054 Simultaneous repairs.
75.6011 Short circuit protection; ratings 75.7055 Installation of protective equip-
and settings of circuit breakers. ment.
75.6012 Short circuit protection; use of 75.7056 Protective clothing; use and inspec-
fuses; approval by the Secretary. tion.
75.6013 Short circuit protection; dual ele- 75.7057 Protective equipment; inspection.
ment fuses; current ratings; maximum 75.7058 Protective equipment; testing and
values. storage.
75.602 Trailing cable junctions. 75.7059 Operating disconnecting or cutout
75.603 Temporary splice of trailing cable. switches.
75.604 Permanent splicing of trailing cables. 75.70510 Tying into energized high-voltage
75.605 Clamping of trailing cables to equip- surface circuits.
ment. 75.70511 Use of grounded messenger wires;
75.606 Protection of trailing cables. ungrounded systems.
75.607 Breaking trailing cable and power 75.706 Deenergized underground power cir-
cable connections. cuits; idle daysidle shifts.
with one polarity grounded. ing pilot check wires; approval by the
75.7014 Grounding wires; capacity of wires. Secretary.
75.7015 Use of grounding connectors. 75.804 Underground high-voltage cables.
505
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Pt. 75 30 CFR Ch. I (7114 Edition)
75.805 Couplers. 75.902 Low- and medium-voltage ground
75.806 Connection of single-phase loads. check monitor circuits.
75.807 Installation of high-voltage trans- 75.9021 Maximum voltage ground check cir-
mission cables. cuits.
75.808 Disconnecting devices. 75.9022 Approved ground check systems not
75.809 Identification of circuit breakers and employing pilot check wires.
disconnecting switches. 75.9024 Attachment of ground conductors
75.810 High-voltage trailing cables; splices. and ground check wires to equipment
75.811 High-voltage underground equipment; frames; use of separate connections.
grounding. 75.903 Disconnecting devices.
75.812 Movement of high-voltage power cen- 75.904 Identification of circuit breakers.
ters and portable transformers; permit. 75.905 Connection of single-phase loads.
75.8121 Qualified person. 75.906 Trailing cables for mobile equipment,
75.8122 High-voltage power centers and ground wires and ground check wires.
transformers; record of examination. 75.907 Design of trailing cables for medium-
voltage circuits.
HIGH-VOLTAGE LONGWALLS
APPENDIX A TO SUBPART J
75.813 High-voltage longwalls; scope.
75.814 Electrical protection. Subpart KTrolley Wires and Trolley Feeder
75.815 Disconnect devices. Wires
75.816 Guarding of cables.
75.817 Cable handling and support systems. 75.1000 Cutout switches.
75.818 Use of insulated cable handling equip- 75.1001 Overcurrent protection.
ment. 75.10011 Devices for overcurrent protection;
75.819 Motor-starter enclosures; barriers testing and calibration requirements;
and interlocks. records.
75.820 Electrical work; troubleshooting and 75.1002 Installation of electric equipment
testing. and conductors; permissibility.
75.821 Testing, examination and mainte- 75.1003 Insulation of trolley wires, trolley
nance. feeder wires and bare signal wires; guard-
75.822 Underground high-voltage longwall ing of trolley wires and trolley feeder
cables. wires.
75.823 Scope. 75.10031 Other requirements for guarding of
75.824 Electrical protection. trolley wires and trolley feeder wires.
75.825 Power centers. 75.10032 Requirements for movement of off-
75.826 High-voltage trailing cables. track mining equipment in areas of ac-
75.827 Guarding of trailing cables. tive workings where energized trolley
75.828 Trailing cable pulling. wires or trolley feeder wires are present;
75.829 Tramming continuous mining ma- pre-movement requirements; certified
chines in and out of the mine and from and qualified persons.
section to section.
75.830 Splicing and repair of trailing cables. Subpart LFire Protection
75.831 Electrical work; troubleshooting and
testing. 75.1100 Requirements.
75.832 Frequency of examinations; record- 75.11001 Type and quality of firefighting
keeping. equipment.
75.833 Handling high-voltage trailing cables. 75.11002 Quantity and location of fire-
75.834 Training. fighting equipment.
APPENDIX A TO SUBPART IDIAGRAMS OF 75.11003 Condition and examination of fire-
INBY AND OUTBY SWITCHING fighting equipment.
75.1101 Deluge-type water sprays, foam gen-
Subpart JUnderground Low- and Me- erators; main and secondary belt-con-
dium-Voltage Alternating Current Cir- veyor drives.
cuits 75.11011 Deluge-type water spray systems.
75.11012 Installation of deluge-type sprays.
75.900 Low- and medium-voltage circuits 75.11013 Water requirements.
serving three-phase alternating current 75.11014 Branch lines.
equipment; circuit breakers. 75.11015 Installation of foam generator sys-
75.9001 Circuit breakers; location. tems.
75.9002 Approved circuit schemes. 75.11016 Water sprinkler systems; general.
75.9003 Testing, examination and mainte- 75.11017 Installation of water sprinkler sys-
nance of circuit breakers; procedures. tems; requirements.
75.9004 Testing, examination and mainte- 75.11018 Water sprinkler systems; arrange-
nance of circuit breakers; record. ment of sprinklers.
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Mine Safety and Health Admin., Labor Pt. 75
75.110111 Inspection of water sprinkler sys- 75.11065 Maintenance and tests of liquefied
tems. and nonliquefied compressed gas cyl-
75.110112 Equivalent dry-pipe system. inders; accessories and equipment; re-
75.110113 Dry powder chemical systems; quirements.
general. 75.11066 Exemption of small low pressure
75.110114 Installation of dry powder chem- gas cylinders containing nonflammable
ical systems. or nonexplosive gas mixtures.
75.110115 Construction of dry powder chem-
ical systems. FIRE SUPPRESSION DEVICES AND FIRE-RESIST-
75.110116 Dry powder chemical systems; ANT HYDRAULIC FLUIDS ON UNDERGROUND
sensing and fire suppression devices. EQUIPMENT
75.110117 Sealing of dry powder chemical 75.1107 Fire suppression devices.
systems. 75.11071 Fire-resistant hydraulic fluids and
75.110118 Dry powder requirements. fire suppression devices on underground
75.110119 Nozzles; flow rate and direction. equipment.
75.110120 Safeguards for dry powder chem- 75.11072 Approved fire-resistant hydraulic
ical systems. fluids; minimum requirements.
75.110121 Back-up water system. 75.11073 Fire suppression devices; approved
75.110122 Inspection of dry powder chemical
components; installation requirements.
systems.
75.11074 Automatic fire sensors and manual
75.1102 Slippage and sequence switches.
actuators; installation; minimum re-
75.1103 Automatic fire warning devices.
quirements.
75.11031 Automatic fire sensors.
75.11075 Electrical components of fire sup-
75.11032 Automatic fire sensors; approved
pression devices; permissibility require-
components; installation requirements.
ments.
75.11033 Automatic fire sensor and warning
75.11076 Capacity of fire suppression de-
device systems; minimum requirements;
vices; location and direction of nozzles.
general.
75.11077 Water spray devices; capacity;
75.11034 Automatic fire sensor and warning
water supply; minimum requirements.
device systems; installation; minimum
75.11078 Fire suppression devices;
requirements.
extinguishant supply systems.
75.11035 Automatic fire warning devices;
75.11079 Dry chemical devices; capacity;
actions and response.
minimum requirements.
75.11036 Automatic fire sensors; actuation
75.110710 High expansion foam devices;
of fire suppression systems.
minimum capacity.
75.11037 Electrical components; permissi-
75.110711 Extinguishing agents; require-
bility requirements.
ments on mining equipment employed in
75.11038 Automatic fire sensor and warning
low coal.
device systems; examination and test re-
75.110712 Inerting of mine atmosphere pro-
quirements.
hibited.
75.11039 Minimum requirements; fire sup-
75.110713 Approval of other fire suppression
pression materials and location; mainte-
devices.
nance of entries and crosscuts; access
75.110714 Guards and handrails; require-
doors; communications; fire crews: high-
ments where fire suppression devices are
expansion foam devices.
employed.
75.110310 Fire suppression systems; addi-
75.110715 Fire suppression devices; hazards;
tional requirements.
training of miners.
75.110311 Tests of fire hydrants and fire
75.110716 Inspection of fire suppression de-
hose; record of tests.
vices.
75.1104 Underground storage, lubricating oil
75.110717 Incorporation by reference; avail-
and grease.
ability of publications.
75.1106 Welding, cutting, or soldering with
75.1108 Approved conveyor belts.
arc or flame underground.
75.11061 Test for methane.
Subpart MMaps
TRANSPORTATION, HANDLING AND STORAGE OF
75.1200 Mine map.
LIQUEFIED AND NONLIQUEFIED COMPRESSED
75.12001 Additional information on mine
GAS CYLINDERS
map.
75.11062 Transportation of liquefied and 75.12002 Accuracy and scale of mine maps.
nonliquefied compressed gas cylinders; 75.1201 Certification.
requirements. 75.1202 Temporary notations, revisions, and
75.11063 Storage of liquefied and nonlique- supplements.
fied compressed gas cylinders; require- 75.12021 Temporary notations, revisions,
ments. and supplements.
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Pt. 75 30 CFR Ch. I (7114 Edition)
75.12041 Places to give notice and file 75.1404 Automatic brakes; speed reduction
maps. gear.
75.14041 Braking system.
Subpart NExplosives and Blasting 75.1405 Automatic couplers.
75.14051 Automatic couplers, haulage
75.1300 Definitions. equipment.
75.1301 Qualified person.
75.1310 Explosives and blasting equipment. WIRE ROPES
75.1311 Transporting explosives and deto-
75.1429 Guide ropes.
nators.
75.1312 Explosives and detonators in under- 75.1430 Wire ropes; scope.
75.1431 Minimum rope strength.
ground magazines.
75.1313 Explosives and detonators outside of 75.1432 Initial measurement.
75.1433 Examinations.
magazines.
75.1314 Sheathed explosive units. 75.1434 Retirement criteria.
75.1315 Boreholes for explosives. 75.1435 Load end attachments.
75.1316 Preparation before blasting. 75.1436 Drum end attachment.
75.1317 Primer cartridges. 75.1437 End attachment retermination.
75.1318 Loading boreholes. 75.1438 End attachment replacement.
75.1319 Weight of explosives permitted in
boreholes in bituminous and lignite Subpart PMine Emergencies
mines.
75.1500 [Reserved]
75.1320 Multiple-shot blasting.
75.1501 Emergency evacuations.
75.1321 Permit for firing more than 20
75.1502 Mine emergency evacuation and fire-
boreholes and to use nonpermissible
fighting program of instruction.
blasting units.
75.1503 Use of fire suppression equipment.
75.1322 Stemming boreholes.
75.1504 Mine emergency evacuation training
75.1323 Blasting circuits.
75.1324 Methane concentration and tests. and drills.
75.1325 Firing procedure. 75.1505 Escapeway maps.
75.1326 Examination after blasting. 75.1506 Refuge alternatives.
75.1327 Misfires. 75.1507 Emergency Response Plan; refuge al-
75.1328 Damaged or deteriorated explosives ternatives.
and detonators. 75.1508 Training and records for examina-
tion, maintenance and repair of refuge
Subpart OHoisting and Mantrips alternatives and components.
508
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Mine Safety and Health Admin., Labor Pt. 75
75.17112 Sealing of slope or drift openings. 75.1718 Drinking water.
75.17113 Openings of active mines. 75.17181 Drinking water; quality.
75.1712 Bath houses and toilet facilities. 75.1719 Illumination; purpose and scope of
75.17121 Availability of surface bathing fa- 75.1719 through 75.17194; time for com-
cilities; change rooms; and sanitary fa- pliance.
cilities. 75.17191 Illumination in working places.
75.17122 Location of surface facilities. 75.17192 Lighting fixtures; requirements.
75.17123 Minimum requirements of surface 75.17193 Methods of measurement; light
bathing facilities, change rooms, and measuring instruments.
sanitary toilet facilities. 75.17194 Mining machines, cap lamps; re-
75.17124 Waiver of surface facilities re-
quirements.
quirements.
75.1720 Protective clothing; requirements.
75.17125 Application for waiver of surface
facilities. 75.17201 Distinctively colored hard hats, or
75.17126 Underground sanitary facilities; hard caps; identification for newly em-
installation and maintenance. ployed, inexperienced miners.
75.17127 Underground sanitary facilities; 75.1721 Opening of new underground coal
waiver of requirements. mines, or reopening and reactivating of
75.17128 Application for waiver of location abandoned or deactivated coal mines; no-
requirements for underground sanitary tification by the operator; requirements.
facilities. 75.1722 Mechanical equipment guards.
75.17129 Issuance of waivers. 75.1723 Stationary grinding machines; pro-
75.171210 Underground sanitary facilities; tective devices.
maintenance. 75.1724 Hand-held power tools; safety de-
75.1713 Emergency medical assistance; first- vices.
aid. 75.1725 Machinery and equipment; operation
75.17131 Arrangements for emergency med- and maintenance.
ical assistance and transportation for in- 75.1726 Performing work from a raised posi-
jured persons; agreements; reporting re- tion; safeguards.
quirements; posting requirements. 75.1727 Drive belts.
75.17132 Emergency communications; re- 75.1728 Power-driven pulleys.
quirements. 75.1729 Welding operations.
75.17133 First-Aid training; supervisory 75.1730 Compressed air; general; compressed
employees. air systems.
75.17134 First-aid training program; avail- 75.1731 Maintenance of belt conveyors and
ability of instruction to all miners. belt conveyor entries.
75.17135 First-aid training program; re-
training of supervisory employees; avail- Subpart S [Reserved]
ability to all miners.
75.17136 First-aid training program; min-
Subpart TDiesel-Powered Equipment
imum requirements.
75.17137 First-aid equipment; location; 75.1900 Definitions.
minimum requirements. 75.1901 Diesel fuel requirements.
75.1714 Availability of approved self-rescue 75.1902 Underground diesel fuel storage
devices; instruction in use and location. general requirements.
75.17141 Approved self-rescue devices.
75.1903 Underground diesel fuel storage fa-
75.17142 Self-rescue devices; use and loca-
cilities and areas; construction and safe-
tion requirements.
ty precautions.
75.17143 Self-rescue devices; inspection,
75.1904 Underground diesel fuel tanks and
testing, maintenance, repair, and record-
safety cans.
keeping.
75.17144 Additional self-contained self-res- 75.1905 Dispensing of diesel fuel.
cuers (SCSRs). 75.19051 Diesel fuel piping systems.
75.17145 Map locations of self-contained 75.1906 Transport of diesel fuel.
self-rescuers (SCSR). 75.1907 Diesel-powered equipment intended
75.17146 Emergency tethers. for use in underground coal mines.
75.17147 Multi-gas detectors. 75.1908 Nonpermissible diesel-powered
75.17148 Reporting SCSR inventory and equipment; categories.
malfunctions; retention of SCSRs. 75.1909 Nonpermissible diesel-powered
75.1715 Identification check system. equipment; design and performance re-
75.1716 Operations under water. quirements.
75.17161 Operations under water; notifica- 75.1910 Nonpermissible diesel-powered
tion by operator. equipment; electrical system design and
75.17162 Permit required. performance requirements.
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75.17163 Applications for permits. 75.1911 Fire suppression systems for diesel-
75.17164 Issuance of permits. powered equipment and diesel fuel trans-
75.1717 Exemptions. portation units.
509
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75.1 30 CFR Ch. I (7114 Edition)
75.1912 Fire suppression systems for perma- Approval documentation. Formal pa-
nent underground diesel fuel storage fa- pers issued by the Mine Safety and
cilities. Health Administration which describe
75.1913 Starting aids. and illustrate the complete assembly
75.1914 Maintenance of diesel-powered
of electrical machinery or accessories
equipment.
75.1915 Training and qualification of persons
which have met the applicable require-
working on diesel-powered equipment. ments of 30 CFR part 18.
75.1916 Operation of diesel-powered equip- Certified or registered. As applied to
ment. any person, a person certified or reg-
istered by the State in which the coal
AUTHORITY: 30 U.S.C. 811.
mine is located to perform duties pre-
EFFECTIVE DATE NOTE: At 79 FR 24987, May scribed by this part 75, except that in a
1, 2014, authority citation for part 75 was re- State where no program of certifi-
vised, effective Aug. 1, 2014. For the conven- cation or registration is provided or
ience of the user, the revised text is set forth
where the program does not meet at
as follows:
AUTHORITY: 30 U.S.C. 811, 813(h), 957.
least minimum Federal standards es-
tablished by the Secretary, such cer-
SOURCE: 35 FR 17890, Nov. 20, 1970, unless tification or registration shall be by
otherwise noted. the Secretary.
EDITORIAL NOTE: The provisions of this Circuit-interrupting device. A device
part marked [Statutory Provision] appear in designed to open and close a circuit by
Title III of the Federal Coal Mine Health and nonautomatic means and to open the
Safety Act of 1969. circuit automatically at a predeter-
mined overcurrent value without dam-
Subpart AGeneral age to the device when operated within
its rating.
75.1 Scope. Coal mine. Includes areas of adjoining
This part 75 sets forth safety stand- mines connected underground.
ards compliance with which is manda- Filter Self-Rescuer (FSR). A type of gas
tory in each underground coal mine mask approved by MSHA and NIOSH
subject to the Federal Mine Safety and under 42 CFR part 84 for escape only
Health Act of 1977. Some standards also from underground mines and which
are applicable to surface operations. provides at least 1 hour of protection
Regulations and criteria supple- against carbon monoxide.
mentary to these standards also are set Ground fault or grounded phase. An
forth in this part. unintentional connection between an
electric circuit and the grounding sys-
[35 FR 17890, Nov. 20, 1970, as amended at 43 tem.
FR 12319, Mar. 24, 1978] Low voltage. Up to and including 660
volts, medium voltage means voltages
75.2 Definitions.
from 661 to 1,000 volts; and high voltage
The following definitions apply in means more than 1,000 volts.
this part. Motor-starter enclosure. An enclosure
Act. The Federal Mine Safety and containing motor starting circuits and
Health Act of 1977. equipment.
Active workings. Any place in a coal Nominal voltage. The phase-to-phase
mine where miners are normally re- or line-to-line root-mean-square value
quired to work or travel. assigned to a circuit or system for des-
Adequate interrupting capacity. The ignation of its voltage class, such as
ability of an electrical protective de- 480 or 4,160 volts. Actual voltage at
vice, based upon its required and in- which the circuit or system operates
tended application, to safely interrupt may vary from the nominal voltage
values of current in excess of its trip within a range that permits satisfac-
setting or melting point. tory operation of equipment.
Anthracite. Coals with a volatile ratio Permissible. (1) As applied to electric
equal to 0.12 or less. The volatile ratio face equipment, all electrically oper-
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is the volatile matter content divided ated equipment taken into or used inby
by the volatile matter plus the fixed the last open crosscut of an entry or a
carbon. room of any coal mine the electrical
510
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Mine Safety and Health Admin., Labor 75.2
parts of which, including, but not lim- Respirable dust. Dust collected with a
ited to, associated electrical equip- sampling device approved by the Sec-
ment, components, and accessories, are retary and the Secretary of Health and
designed, constructed, and installed, in Human Services in accordance with
accordance with the specifications of part 74Coal Mine Dust Personal Sam-
the Secretary, to assure that such pler Units of this title. Sampling de-
equipment will not cause a mine explo- vice approvals issued by the Secretary
sion or mine fire, and the other fea- of the Interior and Secretary of Health,
tures of which are designed and con- Education, and Welfare are continued
structed, in accordance with the speci- in effect.
fications of the Secretary, to prevent, Rock dust. Pulverized limestone, do-
to the greatest extent possible, other lomite, gypsum, anhydrite, shale,
accidents in the use of such equipment. adobe, or other inert material, pref-
The regulations of the Secretary or the erably light colored, 100 percent of
Director of the Bureau of Mines in ef-
which will pass through a sieve having
fect on March 30, 1970, relating to the
20 meshes per linear inch and 70 per-
requirements for investigation, testing,
cent or more of which will pass
approval, certification, and acceptance
through a sieve having 200 meshes per
of such equipment as permissible shall
continue in effect until modified or su- linear inch; the particles of which when
perseded by the Secretary, except that wetted and dried will not cohere to
the Secretary shall provide procedures, form a cake which will not be dispersed
including, where feasible, testing, ap- into separate particles by a light blast
proval, certification, and acceptance in of air; and which does not contain more
the field by an authorized representa- than 5 percent combustible matter or
tive of the Secretary, to facilitate com- more than a total of 4 percent free and
pliance by an operator with the re- combined silica (SiO2), or, where the
quirements of 75.500 within the peri- Secretary finds that such silica con-
ods prescribed in 75.500. centrations are not available, which
(2) As applied to equipment other does not contain more than 5 percent
than permissible electric face equip- of free and combined silica.
ment: (i) Equipment used in the oper- Secretary. The Secretary of Labor or
ation of a coal mine to which an ap- the Secretarys delegate.
proval plate, label, or other device is Self-Contained Self-Rescuer (SCSR). A
attached as authorized by the Sec- type of closed-circuit, self-contained
retary and which meets specifications breathing apparatus approved by
which are prescribed by the Secretary MSHA and NIOSH under 42 CFR part 84
for the construction and maintenance for escape only from underground
of such equipment and are designed to mines.
assure that such equipment will not Short circuit. An abnormal connection
cause a mine explosion or a mine fire. of relatively low impedance, whether
(ii) The manner of use of equipment made accidentally or intentionally, be-
means the manner of use prescribed by tween two points of different potential.
the Secretary.
Working face. Any place in a coal
Qualified person. As the context re- mine in which work of extracting coal
quires:
from its natural deposit in the earth is
(1) An individual deemed qualified by performed during the mining cycle.
the Secretary and designated by the
Working place. The area of a coal
operator to make tests and examina-
mine inby the last open crosscut.
tions required by this part 75; and
Working section. All areas of the coal
(2) An individual deemed, in accord-
mine from the loading point of the sec-
ance with minimum requirements to be
established by the Secretary, qualified tion to and including the working
by training, education, and experience, faces.
to perform electrical work, to main- [57 FR 20913, May 15, 1992, as amended at 60
rmajette on DSK2TPTVN1PROD with CFR
tain electrical equipment, and to con- FR 30401, June 8, 1995; 67 FR 11001, Mar. 11,
duct examinations and tests of all elec- 2002]
trical equipment.
511
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75.100 30 CFR Ch. I (7114 Edition)
512
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Mine Safety and Health Admin., Labor 75.153
513
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75.154 30 CFR Ch. I (7114 Edition)
to the District Manager, that he has (2) If a State has no program for
satisfactorily completed a coal mine qualifying persons as electric-hoisting
electrical retraining program approved engineers, the Secretary may qualify
by the Secretary. persons for this purpose if the operator
[37 FR 22376, Oct. 19, 1972, as amended at 44 of the coal mine in which such persons
FR 9380, Feb. 13, 1979; 47 FR 23641, May 28, are employed, or the independent con-
1982] tractor, makes an application and a
satisfactory showing that each such
75.154 Repair of energized surface person has had 1 year experience in op-
high voltage lines; qualified person. erating electric-driven hoists and has
An individual is a qualified person held the position of hoisting engineer
within the meaning of 75.705 for the for a period of 6 months immediately
purpose of repairing energized surface preceding the application. A persons
high voltage lines only if he has had at qualification is valid for as long as this
least 2 years experience in electrical person continues to satisfy the require-
maintenance, and at least 2 years expe- ments for qualification and is em-
rience in the repair of energized high ployed at the same coal mine or by the
voltage surface lines located on poles same independent contractor.
or structures. (c) Applications for Secretarial quali-
fication should be submitted to the
75.155 Qualified hoisting engineer; Health and Safety Activity, Mine Safe-
qualifications. ty and Health Administration, Certifi-
(a)(1) A person is a qualified hoisting cation and Qualification Center, P.O.
engineer within the provisions of sub- Box 25367, Denver Federal Center, Den-
part O of this part, for the purpose of ver, Colo. 80225.
operating a steam-driven hoist in a [35 FR 17894, Nov. 20, 1970, as amended at 43
coal mine, if he has at least 1 year ex- FR 12320, Mar. 24, 1978; 54 FR 30515, July 20,
perience as an engineer in a steam- 1989]
driven hoisting plant and is qualified
by the State in which the mine is lo- 75.156 AMS operator, qualifications.
cated as a steam-hoisting engineer; or (a) To be qualified as an AMS oper-
(2) If a State has no program for ator, a person shall be provided with
qualifying persons as steam-hoisting task training on duties and responsibil-
engineers, the Secretary may qualify ities at each mine where an AMS oper-
persons for this purpose if the operator ator is employed in accordance with
of the coal mine in which such persons the mine operators approved Part 48
are employed, or the independent con- training plan.
tractor, makes an application and a (b) An AMS operator must be able to
satisfactory showing that each such demonstrate to an authorized rep-