Norma USA

Title 30
Mineral Resources
Parts 1 to 199
Revised as of July 1, 2015
Containing a codification of documents

of general applicability and future effect
As of July 1, 2015
Published by the Office of the Federal Register

National Archives and Records Administration
as a Special Edition of the Federal Register
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Table of Contents
Page
Explanation ................................................................................................ v
Title 30:
Chapter IMine Safety and Health Administration, Department

of Labor ....................................................................................... 3
Finding Aids:
Table of CFR Titles and Chapters ....................................................... 761
Alphabetical List of Agencies Appearing in the CFR ......................... 781
List of CFR Sections Affected ............................................................. 791

iii
Cite this Code: CFR
To cite the regulations in

this volume use title,
part and section num-
ber. Thus, 30 CFR 1.1
refers to title 30, part 1,
section 1.
iv
Explanation
The Code of Federal Regulations is a codification of the general and permanent
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which usually bear the name of the issuing agency. Each chapter is further sub-
divided into parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year and issued
on a quarterly basis approximately as follows:
Title 1 through Title 16..............................................................as of January 1
Title 17 through Title 27 .................................................................as of April 1
Title 28 through Title 41 ..................................................................as of July 1
Title 42 through Title 50 .............................................................as of October 1
The appropriate revision date is printed on the cover of each volume.
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[RESERVED] TERMINOLOGY
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(b) The matter incorporated is in fact available to the extent necessary to
afford fairness and uniformity in the administrative process.
(c) The incorporating document is drafted and submitted for publication in
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vi
An index to the text of Title 3The President is carried within that volume.
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JOHN HYRUM MARTINEZ,

Acting Director,
Office of the Federal Register.
July 1, 2015.
vii
THIS TITLE
Title 30MINERAL RESOURCES is composed of three volumes. The parts in these

volumes are arranged in the following order: parts 1199, parts 200699, and part
700 to end. The contents of these volumes represent all current regulations codi-
fied under this title of the CFR as of July 1, 2015.
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 Stephen J. Frattini.
ix
Title 30Mineral
Resources
(This book contains parts 1 to 199)
Part
CHAPTER IMine Safety and Health Administration, De-

partment of Labor .............................................................. 1
CHAPTER IMINE SAFETY AND HEALTH
ADMINISTRATION, DEPARTMENT OF LABOR
EDITORIAL NOTE: Nomenclature changes to chapter I appear at 69 FR 18803, Apr. 9, 2004.
SUBCHAPTER AOFFICIAL EMBLEM AND OMB CONTROL NUMBERS FOR

RECORDKEEPING AND REPORTING
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
5 Fees for testing, evaluation, and approval of min-

ing products ......................................................... 11
6 Testing and evaluation by independent labora-
tories and non-MSHA product safety standards ... 12
7 Testing by applicant or third party ........................ 14
14 Requirements for the approval of flame-resistant
conveyor belts ...................................................... 90
15 Requirements for approval of explosives and
sheathed explosive units ...................................... 94
18 Electric motor-driven mine equipment and acces-
sories .................................................................... 101
19 Electric cap lamps ................................................... 143
20 Electric mine lamps other than standard cap lamps 148
22 Portable methane detectors .................................... 153
23 Telephones and signaling devices ............................ 157
27 Methane-monitoring systems .................................. 162
28 Fuses for use with direct current in providing
short-circuit protection for trailing cables in
coal mines ............................................................ 169
33 Dust collectors for use in connection with rock
drilling in coal mines ........................................... 175
35 Fire-resistant hydraulic fluids ................................ 182
30 CFR Ch. I (7115 Edition)
Part Page
36 Approval requirements for permissible mobile die-
sel-powered transportation equipment ................ 189
SUBCHAPTERS CF [RESERVED]
SUBCHAPTER GFILING AND OTHER ADMINISTRATIVE REQUIREMENTS
40 Representative of miners ........................................ 202

41 Notification of legal identity .................................. 203
42 National Mine Health and Safety Academy ............ 205
43 Procedures for processing hazardous conditions
complaints ............................................................ 206
44 Rules of practice for petitions for modification of
mandatory safety standards ................................. 209
45 Independent contractors ......................................... 221
SUBCHAPTER HEDUCATION AND TRAINING
46 Training and retraining of miners engaged in shell

dredging or employed at sand, gravel, surface
stone, surface clay, colloidal phosphate, or sur-
face limestone mines ............................................ 223
47 Hazard Communication (HazCom) .......................... 231
48 Training and retraining of miners .......................... 239
49 Mine rescue teams ................................................... 259
SUBCHAPTER IACCIDENTS, INJURIES, ILLNESSES, EMPLOYMENT, AND
PRODUCTION IN MINES
50 Notification, investigation, reports and records of

accidents, injuries, illnesses, employment, and
coal production in mines ...................................... 273
SUBCHAPTER J [RESERVED]
SUBCHAPTER KMETAL AND NONMETAL MINE SAFETY AND HEALTH
56 Safety and health standardssurface metal and

nonmetal mines .................................................... 283
57 Safety and health standardsunderground metal
and nonmetal mines ............................................. 339
Mine Safety and Health Admin., Labor
Part Page
58 Health standards for metal and nonmetal mines .... 440
SUBCHAPTER L [RESERVED]
SUBCHAPTER MUNIFORM MINE HEALTH REGULATIONS
62 Occupational noise exposure ................................... 441

SUBCHAPTER N [RESERVED]
SUBCHAPTER OCOAL MINE SAFETY AND HEALTH
70 Mandatory health standardsunderground coal

mines .................................................................... 449
71 Mandatory health standardssurface coal mines
and surface work areas of underground coal
mines .................................................................... 463
72 Health standards for coal mines .............................. 478
74 Coal mine dust sampling devices ............................ 482
75 Mandatory safety standardsunderground coal
mines .................................................................... 493
77 Mandatory safety standards, surface coal mines
and surface work areas of underground coal
mines .................................................................... 676
90 Mandatory health standardscoal miners who
have evidence of the development of pneumo-
coniosis ................................................................ 732
SUBCHAPTER PCIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL
MINE SAFETY AND HEALTH ACT OF 1977
100 Criteria and procedures for proposed assessment of

civil penalties ....................................................... 744
101103 [Reserved]
SUBCHAPTER QPATTERN OF VIOLATIONS
104 Pattern of violations ............................................... 757

105199 [Reserved]
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
AUTHORITY: 30 U.S.C. 957; 44 U.S.C. 3501

3520.
3.1 OMB control numbers.

The collection of information re-
quirements in MSHA regulation sec-
tions in this chapter have been ap-
proved and assigned control numbers
[39 FR 23997, June 28, 1974, as amended at 43 by the Office of Management and Budg-
FR 12312, Mar. 24, 1978]
et (OMB) under the Paperwork Reduc-
1.2 Description. tion Act. Regulation sections in this
chapter containing paperwork require-
The emblem of the Mine Safety and ments and their respective OMB con-
Health Administration is of contem- trol numbers are displayed in the fol-
porary design with the letters and ac- lowing table:
ronym of the Administration delin-
eated as MSHA appearing in large let- TABLE 1OMB CONTROL NUMBERS
ters in the middle of the emblem.
30 CFR Citation OMB Control No.
Above the letters and acronym appear
the words United States Department Subchapter BTesting, Evaluation, and Approval of
of Labor and below the letters and ac- Mining Products
ronym appear the words Mine Safety 6.10 .......................................................... 12190066
and Health Administration. 7.3 ............................................................ 12190066
7.4 ............................................................ 12190066

[39 FR 23997, June 28, 1974, as amended at 43 7.6 ............................................................ 12190066
FR 12312, Mar. 24, 1978] 7.7 ............................................................ 12190066
7
EC22OC91.000</GPH>
3.1 30 CFR Ch. I (7115 Edition)
TABLE 1OMB CONTROL NUMBERS TABLE 1OMB CONTROL NUMBERS

Continued Continued
30 CFR Citation OMB Control No. 30 CFR Citation OMB Control No.
7.23 .......................................................... 12190066 41.20 ........................................................ 12190042

7.27 .......................................................... 12190066 43.4 .......................................................... 12190014
7.28 .......................................................... 12190066 43.7 .......................................................... 12190014
7.29 .......................................................... 12190066 44.9 .......................................................... 12190065
7.30 .......................................................... 12190066 44.10 ........................................................ 12190065
7.43 .......................................................... 12190066 44.11 ........................................................ 12190065
7.46 .......................................................... 12190066 45.3 .......................................................... 12190040
7.47 .......................................................... 12190066 45.4 .......................................................... 12190040
7.48 .......................................................... 12190066
7.49 .......................................................... 12190066 Subchapter HEducation and Training
7.51 .......................................................... 12190066
7.63 .......................................................... 12190066 46.3 .......................................................... 12190131
7.69 .......................................................... 12190066 46.5 .......................................................... 12190131
7.71 .......................................................... 12190066 46.6 .......................................................... 12190131
7.83 .......................................................... 12190066 46.7 .......................................................... 12190131
7.90 .......................................................... 12190066 46.8 .......................................................... 12190131
7.97 .......................................................... 12190066 46.9 .......................................................... 12190131
7.105 ........................................................ 12190066 46.11 ........................................................ 12190131
7.108 ........................................................ 12190066 47.31 ........................................................ 12190133
7.303 ........................................................ 12190066 47.32 ........................................................ 12190133
7.306 ........................................................ 12190066 47.32(a)(4) ............................................... 12190133
7.309 ........................................................ 12190066 47.41 ........................................................ 12190133
7.311 ........................................................ 12190066 47.51 ........................................................ 12190133
7.403 ........................................................ 12190066 47.71 ........................................................ 12190133
7.407 ........................................................ 12190066 47.73 ........................................................ 12190133
7.408 ........................................................ 12190066 48.3 .......................................................... 12190009, 0141
7.409 ........................................................ 12190066 48.9 .......................................................... 12190009
7.411 ........................................................ 12190066 48.23 ........................................................ 12190009
15.4 .......................................................... 12190066 48.29 ........................................................ 12190009
15.8 .......................................................... 12190066 49.2 .......................................................... 12190078
18.6 .......................................................... 12190066 49.3 .......................................................... 12190078
18.15 ........................................................ 12190066 49.4 .......................................................... 12190078
18.53 ........................................................ 12190066, 0116 49.6 .......................................................... 12190078
18.81 ........................................................ 12190066 49.7 .......................................................... 12190078
18.82 ........................................................ 12190066 49.8 .......................................................... 12190078
18.93 ........................................................ 12190066 49.9 .......................................................... 12190078
18.94 ........................................................ 12190066 49.12 ........................................................ 12190144
19.3 .......................................................... 12190066 49.16 ........................................................ 12190144
19.13 ........................................................ 12190066 49.18 ........................................................ 12190144
20.3 .......................................................... 12190066 49.50 ........................................................ 12190144
20.14 ........................................................ 12190066
22.4 .......................................................... 12190066 Subchapter IAccidents, Injuries, Illnesses, Employment,
22.8 .......................................................... 12190066 and Production in Mines
22.11 ........................................................ 12190066
23.3 .......................................................... 12190066 50.10 ........................................................ 12190007, 0141
23.7 .......................................................... 12190066 50.11 ........................................................ 12190007, 0141
23.10 ........................................................ 12190066 50.20 ........................................................ 12190007
23.12 ........................................................ 12190066 50.30 ........................................................ 12190007
23.14 ........................................................ 12190066
27.4 .......................................................... 12190066 Subchapter KMetal and Nonmetal Mine Safety and
27.6 .......................................................... 12190066 Health
27.11 ........................................................ 12190066
28.10 ........................................................ 12190066 56.1000 .................................................... 12190042
28.23 ........................................................ 12190066 56.3203(a) ............................................... 12190121
28.25 ........................................................ 12190066 56.5005 .................................................... 12190048
28.30 ........................................................ 12190066 56.13015 .................................................. 12190089
28.31 ........................................................ 12190066 56.13030 .................................................. 12190089
33.6 .......................................................... 12190066 56.14100 .................................................. 12190089
33.12 ........................................................ 12190066 56.18002 .................................................. 12190089
35.6 .......................................................... 12190066 56.19022 .................................................. 12190034
35.10 ........................................................ 12190066 56.19023 .................................................. 12190034
35.12 ........................................................ 12190066 56.19057 .................................................. 12190049
36.6 .......................................................... 12190066 56.19121 .................................................. 12190034
36.12 ........................................................ 12190066 57.1000 .................................................... 12190042
57.3203(a) ............................................... 12190121
Subchapter GFiling and Other Administrative 57.3461 .................................................... 12190097
Requirements 57.5005 .................................................... 12190048
57.5037 .................................................... 12190003
40.3 .......................................................... 12190042 57.5040 .................................................... 12190003

40.4 .......................................................... 12190042 57.5047 .................................................... 12190039
40.5 .......................................................... 12190042 57.5060 .................................................... 12190135
Mine Safety and Health Admin., Labor 3.1

Continued Continued
57.5065 .................................................... 12190135 75.215 ...................................................... 12190004

57.5066 .................................................... 12190135 75.220 ...................................................... 12190004
57.5067 .................................................... 12190135 75.221 ...................................................... 12190004
57.5070 .................................................... 12190135 75.222 ...................................................... 12190004
57.5071 .................................................... 12190135 75.223 ...................................................... 12190004
57.5075 .................................................... 12190135 75.310 ...................................................... 12190088
57.8520 .................................................... 12190016 75.312 ...................................................... 12190088
57.8525 .................................................... 12190016 75.335 ...................................................... 12190142
57.11053 .................................................. 12190046 75.336 ...................................................... 12190142
57.13015 .................................................. 12190089 75.337 ...................................................... 12190142
57.13030 .................................................. 12190089 75.338 ...................................................... 12190142
57.14100 .................................................. 12190089 75.342 ...................................................... 12190088
57.18002 .................................................. 12190089 75.350 ...................................................... 12190138
57.19022 .................................................. 12190034 75.351 ...................................................... 12190088,
57.19023 .................................................. 12190034 0116, 0138
57.19057 .................................................. 12190049 75.352 ...................................................... 12190138
57.19121 .................................................. 12190034 75.360 ...................................................... 12190088
57.22004(c) .............................................. 12190103 75.361 ...................................................... 12190088
57.22204 .................................................. 12190030 75.362 ...................................................... 12190088
57.22229 .................................................. 12190103 75.363 ...................................................... 12190088
57.22230 .................................................. 12190103 75.364 ...................................................... 12190088
57.22231 .................................................. 12190103 75.370 ...................................................... 12190088
57.22239 .................................................. 12190103 75.371 ...................................................... 12190088, 0138
57.22401 .................................................. 12190096 75.372 ...................................................... 12190073
57.22606 .................................................. 12190095 75.373 ...................................................... 12190073
75.382 ...................................................... 12190088
Subchapter MUniform Mine Health Regulations 75.512 ...................................................... 12190116
75.703 ...................................................... 12190116
62.110 ...................................................... 12190120 75.7033 .................................................. 12190116
62.130 ...................................................... 12190120 75.800 ...................................................... 12190116
62.170 ...................................................... 12190120 75.8004 .................................................. 12190116
62.171 ...................................................... 12190120 75.820 ...................................................... 12100116
62.172 ...................................................... 12190120 75.821 ...................................................... 12190116
62.173 ...................................................... 12190120 75.900 ...................................................... 12190116
62.174 ...................................................... 12190120 75.9004 .................................................. 12190116
62.175 ...................................................... 12190120 75.10011 ................................................ 12190116
62.180 ...................................................... 12190120 75.11003 ................................................ 12190054
62.190 ...................................................... 12190120 75.11038 ................................................ 12190054
75.110311 .............................................. 12190054
Subchapter OCoal Mine Safety and Health 75.1200 .................................................... 12190073
75.12001 ................................................ 12190073
70.201(c) .................................................. 12190011 75.1201 .................................................... 12190073
70.202(b) ................................................. 12190011 75.1202 .................................................... 12190073
70.204 ...................................................... 12190011 75.12021 ................................................ 12190073
70.209 ...................................................... 12190011 75.1203 .................................................... 12190073
70.210 ...................................................... 12190011 75.1204 .................................................... 12190073
70.220 ...................................................... 12190011 75.12041 ................................................ 12190073
70.220(a) ................................................. 12190011 75.1321 .................................................... 12190025
71.201(c) .................................................. 12190011 75.1327 .................................................... 12190025
71.202(b) ................................................. 12190011 75.14002 ................................................ 12190034
71.204 ...................................................... 12190011 75.14004 ................................................ 12190034
71.209 ...................................................... 12190011 75.1432 .................................................... 12190034
71.210 ...................................................... 12190011 75.1433 .................................................... 12190034
71.220 ...................................................... 12190011 75.1501 .................................................... 12190054
71.220(a) ................................................. 12190011 75.1502 .................................................... 12190054, 0141
71.300 ...................................................... 12190011 75.1504 .................................................... 12190141
71.301 ...................................................... 12190011 75.1505 .................................................... 12190141
71.301(d) ................................................. 12190011 75.1702 .................................................... 12190041
71.403 ...................................................... 12190024 75.17124 ................................................ 12190024
71.404 ...................................................... 12190024 75.17125 ................................................ 12190024
72.500 ...................................................... 12190124 75.17131 ................................................ 12190078
72.503 ...................................................... 12190124 75.17143 ................................................ 12190141
72.510 ...................................................... 12190124 75.17143(e) ........................................... 12190044
72.520 ...................................................... 12190124 75.17144 ................................................ 12190044
75.100 ...................................................... 12190127 75.17145 ................................................ 12190141
75.153(a)(2) ............................................. 12190001 75.17148 ................................................ 12190141
75.155 ...................................................... 12190127 75.1716 .................................................... 12190020
75.159 ...................................................... 12190127 75.17161 ................................................ 12190020
75.160 ...................................................... 12190127 75.17163 ................................................ 12190020

75.161 ...................................................... 12190127 75.1721 .................................................... 12190073
75.204(a) ................................................. 12190121 75.1901 .................................................... 12190119

Continued Continued
75.1904 .................................................... 12190119 77.10001 ................................................ 12190026

75.1911 .................................................... 12190119 77.1101 .................................................... 12190051
75.1912 .................................................... 12190119 77.1200 .................................................... 12190073
75.1914 .................................................... 12190119 77.1201 .................................................... 12190073
75.1915 .................................................... 12190119, 0124 77.1202 .................................................... 12190073
77.100 ...................................................... 12190127 77.1404 .................................................... 12190034
77.103(a)(2) ............................................. 12190001 77.1432 .................................................... 12190034
77.105 ...................................................... 12190127 77.1433 .................................................... 12190034
77.106 ...................................................... 12190127 77.1702 .................................................... 12190078
77.107 ...................................................... 12190127 77.1713 .................................................... 12190083
77.1071 .................................................. 12190127 77.1900 .................................................... 12190019
77.215 ...................................................... 12190015 77.1901 .................................................... 12190082
77.2152 .................................................. 12190015 77.1906 .................................................... 12190034
77.2153 .................................................. 12190015 77.19091 ................................................ 12190025
77.2154 .................................................. 12190015 90.201(c) .................................................. 12190011
77.2162 .................................................. 12190015 90.202(b) ................................................. 12190011
77.2163 .................................................. 12190015 90.204 ...................................................... 12190011
77.2164 .................................................. 12190015 90.209 ...................................................... 12190011
77.2165 .................................................. 12190015 90.220 ...................................................... 12190011
77.502 ...................................................... 12190116 90.300 ...................................................... 12190011
77.800 ...................................................... 12190116 90.301 ...................................................... 12190011
77.8002 .................................................. 12190116 90.301(d) ................................................. 12190011
77.900 ...................................................... 12190116
77.9002 .................................................. 12190116
77.1000 .................................................... 12190026 [73 FR 36790, June 30, 2008]
10
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
(3) Participation in research con- of minor changes to previously ap-

ducted by other government agencies proved, certified, accepted, or evalu-
or private organizations; ated products. The applicant must pre-
11
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-
tection.
SOURCE: 68 FR 36417, June 17, 2003, unless Independent laboratory. A laboratory
otherwise noted. that:
12
(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-
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
provided in the listing. MSHA will no- PART 7TESTING BY APPLICANT OR

tify the public of each equivalency de- THIRD PARTY
termination and will publish a sum-
mary of the basis for its determination. Subpart AGeneral
MSHA will provide equivalency deter-
mination reports to the public upon re- Sec.
7.1 Purpose and scope.
quest to the Approval and Certification
7.2 Definitions.
Center. 7.3 Application procedures and require-
(d) After MSHA has determined that ments.
non-MSHA product safety standards 7.4 Product testing.
are equivalent and has notified the 7.5 Issuance of approval.
public of such determinations, appli- 7.6 Approval marking and distribution
record.
cants may seek MSHA product ap- 7.7 Quality assurance.
proval based on such non-MSHA prod- 7.8 Post-approval product audit.
uct safety standards. 7.9 Revocation.
7.10 MSHA acceptance of equivalent non
[68 FR 36417, June 17, 2003, as amended at 73 MSHA product safety standards.
FR 80609, Dec. 31, 2008]
Subpart BBrattice Cloth and Ventilation
6.30 MSHA listing of equivalent non- Tubing
MSHA product safety standards.
MSHA evaluated the following non-
7.22 Definitions.
MSHA product safety standards and de- 7.23 Application requirements.
termined that they provide at least the 7.24 Technical requirements.
same degree of protection as current 7.25 Critical characteristics.
MSHA requirements with or without 7.26 Flame test apparatus.
modifications as indicated: 7.27 Test for flame resistance of brattice
cloth.
(a) The International Electro-
7.28 Test for flame resistance of rigid ven-
technical Commissions (IEC) stand- tilation tubing.
ards for Electrical Apparatus for Ex- 7.29 Approval marking.
plosive Gas Atmospheres, Part 0, Gen- 7.30 Post-approval product audit.
eral Requirements (IEC 600790, Fourth 7.31 New technology.
Edition, 200401) and Part 1, Electrical
Apparatus for Explosive Gas Subpart CBattery Assemblies
Atmospheres, Flameproof Enclosures 7.41 Purpose and effective date.
d (IEC 600791, Fifth Edition, 200311) 7.42 Definitions.
must be modified in order to provide at 7.43 Application requirements.
least the same degree of protection as 7.44 Technical requirements.
7.45 Critical characteristics.
MSHA explosion-proof enclosure re- 7.46 Impact test.
quirements included in parts 7 and 18 of 7.47 Deflection temperature test.
this chapter. Refer to 7.10(c)(1) and 7.48 Acid resistance test.
18.6(a)(3)(i) for a list of the required 7.49 Approval marking.
modifications. The IEC standards may 7.50 Post-approval product audit.
be inspected at the U.S. Department of 7.51 Approval checklist.
7.52 New technology.
Labor, Mine Safety and Health Admin-
istration, Electrical Safety Division, Subpart DMultiple-Shot Blasting Units
Approval and Certification Center, 765
Technology Drive, Triadelphia, WV 7.61 Purpose and effective date.
7.62 Definitions.
26059, and may be purchased from 7.63 Application requirements.
International Electrical Commission, 7.64 Technical requirements.
Central Office 3, rue de Varembe, P.O. 7.65 Critical characteristics.
Box 131, CH1211 GENEVA 20, Switzer- 7.66 Output energy test.
land. 7.67 Construction test.
7.68 Firing line terminals test.
(b) [Reserved]
7.69 Approval marking.
[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.
14
Subpart EDiesel Engines Intended for Use 7.409 Approval markings.

in Underground Coal Mines 7.410 Post-approval product audit.
7.82 Definitions. Subpart LRefuge Alternatives
7.83 Application requirements.
7.84 Technical requirements. 7.501 Purpose and scope.
7.85 Critical characteristics. 7.502 Definitions.
7.86 Test equipment and specifications. 7.503 Application requirements.
7.87 Test to determine the maximum fuel- 7.504 Refuge alternatives and components;
air ratio. general requirements.
7.88 Test to determine the gaseous ventila- 7.505 Structural components.
tion rate. 7.506 Breathable air components.
7.89 Test to determine the particulate 7.507 Air-monitoring components.
index. 7.508 Harmful gas removal components.
7.90 Approval marking. 7.509 Approval markings.
7.91 Post-approval product audit. 7.510 New technology.
Subpart FDiesel Power Packages In- SOURCE: 53 FR 23500, June 22, 1988, unless
tended for Use in Areas of Under- otherwise noted.
ground Coal Mines Where Permissible
Electric Equipment Is Required Subpart AGeneral
7.95 Purpose and effective date. 7.1 Purpose and scope.
7.96 Definitions.
7.97 Application requirements. This part sets out requirements for
7.98 Technical requirements. MSHA approval of certain equipment
7.99 Critical characteristics. and materials for use in underground
7.100 Explosion tests. mines whose product testing and eval-
7.101 Surface temperature tests.
7.102 Exhaust gas cooling efficiency test.
uation does not involve subjective
7.103 Safety system control test. analysis. These requirements apply to
7.104 Internal static pressure test. products listed in the subparts fol-
7.105 Approval marking. lowing this Subpart A. After the dates
7.106 Post-approval product audit. specified in the following subparts, re-
7.107 New technology. quests for approval of products shall be
7.108 Power package checklist. made in accordance with this Subpart
A and the applicable subpart.
Subpart JElectric Motor Assemblies
7.301 Purpose and effective date. 7.2 Definitions.
7.302 Definitions. The following definitions apply in
7.303 Application requirements. this part.
7.304 Technical requirements.
Applicant. An individual or organiza-
7.306 Explosion tests. tion that manufactures or controls the
7.307 Static pressure test. assembly of a product and that applies
7.308 Lockwasher equivalency test. to MSHA for approval of that product.
7.309 Approval marking. Approval. A document issued by
7.310 Post-approval product audit. MSHA which states that a product has
7.311 Approval checklist. met the requirements of this part and
APPENDIX I TO SUBPART J OF PART 7 which authorizes an approval marking
identifying the product as approved.
Subpart KElectric Cables, Signaling
Authorized company official. An indi-
Cables, and Cable Splice Kits
vidual designated by applicant who has
7.401 Purpose and effective date. the authority to bind the company.
7.402 Definitions. Critical characteristic. A feature of a
7.403 Application requirements. product that, if not manufactured as
7.404 Technical requirements. approved, could have a direct adverse
effect on safety and for which testing
7.406 Flame test apparatus.
7.407 Test for flame resistance of electric or inspection is required prior to ship-
cables and cable splices. ment to ensure conformity with the

7.408 Test for flame resistance of signaling technical requirements under which
cables. the approval was issued.
15
Equivalent non-MSHA product safety tive responsible for answering any

standards. A non-MSHA product safety questions regarding the application;
standard, or group of standards, that is (4) If appropriate, a statement indi-
determined by MSHA to provide at cating whether, in the applicants opin-
least the same degree of protection as ion, testing is required. If testing is not
the applicable MSHA product technical proposed, the applicant shall explain
requirements in the subparts of this the reasons for not testing; and
part, or can be modified to provide at (5) If appropriate, the place and date
least the same degree of protection as for product testing.
those MSHA requirements.
(d) Subsequent approval of a similar
Extention of approval. A document
issued by MSHA which states that the product. Each application for a product
change to a product previously ap- similar to one for which the applicant
proved by MSHA under this part meets already holds an approval shall in-
the requirements of this part and clude
which authorizes the continued use of (1) The approval number for the prod-
the approval marking after the appro- uct which most closely resembles the
priate extension number has been new one;
added. (2) The information specified in para-
Post-approval product audit. Examina- graph (c) of this section for the new
tion, testing, or both, by MSHA of ap- product, except that any document
proved products selected by MSHA to which is the same as one listed by
determine whether those products MSHA in prior approvals need not be
meet the applicable technical require- submitted, but shall be noted in the ap-
ments and have been manufactured as plication;
approved. (3) An explanation of any change
Technical requirements. The design from the existing approval; and
and performance requirements for a
(4) A statement as to whether, in the
product, as specified in a subpart of
this part. applicants opinion, the change re-
Test procedures. The methods speci- quires product testing. If testing is not
fied in a subpart of this part used to de- proposed, the applicant shall explain
termine whether a product meet the the reasons for not testing.
performance portion of the technical (e) Extension of an approval. Any
requirements. change in the approved product from
the documentation on file at MSHA
[53 FR 23500, June 22, 1988; 53 FR 25569, July
7, 1988, as amended at 68 FR 36418, June 17, that affects the technical requirements
2003] of this part shall be submitted to
MSHA for approval prior to imple-
7.3 Application procedures and re- menting the change. Each application
quirements. for an extension of approval shall in-
(a) Application. Requests for an ap- clude
proval or extension of approval shall be (1) The MSHA-assigned approval
sent to: U.S. Department of Labor, number for the product for which the
Mine Safety and Health Administra- extension is sought;
tion, Approval and Certification Cen- (2) A brief description of the proposed
ter, 765 Technology Drive, Triadelphia, change to the previously approved
WV 26059. product;
(b) Fees. Fees calculated in accord-
(3) Drawings and specifications which
ance with part 5 of this title shall be
show the change in detail;
submitted in accordance with 5.40.
(c) Original approval. Each applica- (4) A statement as to whether, in the
tion for approval of a product shall in- applicants opinion, the change re-
clude quires product testing. If testing is not
(1) A brief description of the product; proposed, the applicant shall explain
(2) The documentation specified in the reasons for not testing;
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
(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-
permit an MSHA official to be present nized standards and use instruments

at a mutually agreeable date, time, and accurate to at least one significant fig-
place. ure beyond the desired accuracy.
17
(c) Control production documenta- (d) If a product poses an imminent

tion so that the product is manufac- hazard to the safety or health of min-
tured as approved; ers, the approval may be immediately
(d) Immediately report to the MSHA suspended without a written notice of
Approval and Certification Center, any the agencys intention to revoke. The
knowledge of a product distributed suspension may continue until the rev-
with critical characteristics not in ac- ocation proceedings are completed.
cordance with the approval specifica-
tions. 7.10 MSHA acceptance of equivalent
non-MSHA product safety stand-
[53 FR 23500, June 22, 1988, as amended at 60 ards.
FR 33722, June 29, 1995]
(a) MSHA will accept non-MSHA
7.8 Post-approval product audit. product safety standards, or groups of
(a) Approved products shall be sub- standards, as equivalent after deter-
ject to periodic audits by MSHA for the mining that they:
purpose of determining conformity (1) Provide at least the same degree
with the technical requirements upon of protection as MSHAs applicable
which the approval was based. Any ap- technical requirements for a product in
proved product which is to be audited the subparts of this part; or
shall be selected by MSHA and be rep- (2) Can be modified to provide at
resentative of those distributed for use least the same degree of protection as
in mines. The approval-holder may ob- those MSHA requirements.
tain any final report resulting from (b) MSHA will publish its intent to
such audit. review any non-MSHA product safety
(b) No more than once a year except standard for equivalency in the FED-
for cause, the approval-holder, at ERAL REGISTER for the purpose of solic-
MSHAs request, shall make an ap- iting public input.
proved product available at no cost to (c) A listing of all equivalency deter-
MSHA for an audit to be conducted at minations will be published in this part
a mutually agreeable site and time. 7. The listing will state whether MSHA
The approval-holder may observe any accepts the non-MSHA product safety
tests conducted during this audit. standards in their original form, or
(c) An approved product shall be sub- whether MSHA will require modifica-
ject to audit for cause at any time tions to demonstrate equivalency. If
MSHA believes that it is not in compli- modifications are required, they will be
ance with the technical requirements provided in the listing. MSHA will no-
upon which the approval was based. tify the public of each equivalency de-
termination and will publish a sum-
7.9 Revocation. mary of the basis for its determination.
(a) MSHA may revoke for cause an MSHA will provide equivalency deter-
approval issued under this part if the mination reports to the public upon re-
product: quest to the Approval and Certification
(1) Fails to meet the applicable tech- Center. MSHA has made the following
nical requirements; or equivalency determinations applicable
(2) Creates a hazard when used in a to this part 7.
mine. (1) MSHA will accept applications for
(b) Prior to revoking an approval, the motors under Subpart J designed and
approval-holder shall be informed in tested to the International Electro-
writing of MSHAs intention to revoke technical Commissions (IEC) stand-
approval. The notice shall: ards for Electrical Apparatus for Ex-
(1) Explain the specific reasons for plosive Gas Atmospheres, Part 0, Gen-
the proposed revocation; and eral Requirements (IEC 600790, Fourth
(2) Provide the approval-holder an op- Edition, 200401) and Part 1, Electrical
portunity to demonstrate or achieve Apparatus for Explosive Gas
compliance with the product approval Atmospheres, Flameproof Enclosures
requirements. d (IEC 600791, Fifth Edition, 200311)
(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
18
standards specified in 7.10(c)(1)(i) mitted under existing requirements

through (ix) are met. The Director of along flame-arresting paths, or perma-
the Federal Register approves this in- nent distortion exceeding 0.040-inch per
corporation by reference in accordance linear foot.
with 5 U.S.C. 552(a) and 1 CFR part 51. (iv) Flamepath clearances, including
The IEC standards may be inspected at clearances between fasteners and the
the U.S. Department of Labor, Mine holes through which they pass, shall
Safety and Health Administration, not exceed those specified in existing
Electrical Safety Division, Approval requirements. No intentional gaps in
and Certification Center, 765 Tech- flamepaths are permitted.
nology Drive, Triadelphia, WV 26059, or (v) The minimum lengths of the
at the National Archives and Records
flame arresting paths, based on enclo-
Administration (NARA). For informa-
sure volume, shall conform to those
tion on the availability of this mate-
specified in existing requirements to
rial at NARA, call 2027416030, or go
to: http://www.archives.gov/ the nearest metric equivalent value
federallregister/ (e.g., 12.5 mm, 19 mm, and 25 mm are
codeloflfederallregulations/ considered equivalent to 12 inch, 34
ibrllocations.html. These IEC standards inch and 1 inch respectively for plane
may be obtained from International and cylindrical joints). The widths of
Electrical Commission, Central Office any grooves for o-rings shall be de-
3, rue de Varembe, P.O. Box 131, CH ducted in measuring the widths of
1211 GENEVA 20, Switzerland. flame-arresting paths.
(i) Enclosures associated with an (vi) Gaskets shall not be used to form
electric motor assembly shall be made any part of a flame-arresting path. If o-
of metal and not have a compartment rings are installed within a flamepath,
exceeding ten (10) feet in length. Exter- the location of the o-rings shall meet
nal surfaces of enclosures shall not ex- existing requirements.
ceed 150 C (302 F) in normal operation. (vii) Cable entries into enclosures
(ii) 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
(viii) Unused lead entrances shall be
that deviate from the existing require-
ments. The analysis shall show that closed with a metal plug that is se-
the proposed enclosure design meets or cured by spot welding, brazing, or
exceeds the mechanical strength of a equivalent.
comparable enclosure designed to 150 (ix) Special explosion tests are re-
psig according to existing require- quired for electric motor assemblies
ments, and that flamepath clearances that share leads (electric conductors)
in excess of existing requirements will through a common wall with another
not be produced at an internal pressure explosion-proof enclosure, such as a
of 150 psig. This shall be verified by ex- motor winding compartment and a con-
plosion testing the enclosure at a min- duit box. These tests are required to
imum of 150 psig. determine the presence of any pressure
(iii) Enclosures shall be designed to piling conditions in either enclosure
withstand a minimum pressure of at when one or more of the insulating bar-
least 150 psig without leakage through riers, sectionalizing terminals, or other
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
pressures during these tests that ex- 7.23 Application requirements.

ceed those specified in existing require- (a) Brattice cloth. A single application
ments must be provided with a warning may address two or more products if
tag. The durable warning tag must in- the products differ only in: weight of
dicate that the insulating barriers, sec- the finished product; weight or weave
tionalizing terminals, or other iso- of the same fabric or scrim; or thick-
lating parts be maintained in order to ness or layers of the same film. Appli-
insure the explosion-proof integrity for cations shall include the following in-
either enclosure sharing a common formation:
wall. A warning tag is not required if (1) Trade name.
the enclosures withstand a static pres- (2) Product designations (for exam-
sure of twice the maximum value ob- ple, style and code number).
served in the explosion tests. (3) Color.
(2) [Reserved] (4) Type of brattice (for example,
(d) After MSHA has determined that plastic or jute).
non-MSHA product safety standards (5) Weight of finished product.
are equivalent and has notified the (6) Film: type, weight, thickness,
public of such determinations, appli- supplier, suppliers stock number or
cants may seek MSHA product ap- designation, and percent of finished
proval based on such non-MSHA prod- product by weight.
uct safety standards. (7) Scrim: Type, denier, weight,
weave, the supplier, suppliers stock
[68 FR 36418, June 17, 2003, as amended at 71 number or designation, and percent of
FR 28583, May 17, 2006; 73 FR 52210, Sept. 9, finished product by weight.
2008] (8) Adhesive: type, supplier, sup-
pliers stock number or designation,
Subpart BBrattice Cloth and and percent of finished product by
Ventilation Tubing weight.
(b) Flexible ventilation tubing. Applica-
7.21 Purpose and effective date. tions shall include the product descrip-
This subpart establishes the specific tion information in paragraph (a) of
requirements for approval of brattice this section and list the type of sup-
cloth and ventilation tubing. It is ef- porting structure, if applicable; inside
diameters; and configurations.
fective August 22, 1988. Applications for
(c) Rigid ventilation tubing. A single
approval or extension of approval sub-
application may address two or more
mitted after August 22, 1989, shall meet
products if the products differ only in
the requirements of this part. diameters, lengths, configuration, or
average wall thickness. Applications
7.22 Definitions.
shall include the following informa-
The following definitions apply in tion:
this subpart: (1) Trade name.
Brattice cloth. A curtain of jute, plas- (2) Product designations (for exam-
tic, or similar material used to control ple, style and code numbers).
or direct ventilating air. (3) Color.
Denier. A unit of yarn size indicating (4) Type of ventilation tubing (for ex-
the fineness of fiber of material based ample, fiberglass, plastic, or poly-
on the number of grams in a length of ethylene).
9,000 meters. (5) Inside diameter, configuration,
Film. A sheet of flexible material ap- and average wall thickness.
plied to a scrim by pressure, tempera- (6) Suspension system (for example,
ture, adhesion, or other method. metal hooks).
Scrim. A substrate material of plastic (7) Base material: type, supplier, the
suppliers stock number, and percent of
or fabric laminated between or coated
finished product by weight.
with a film.
(8) Resin: type, supplier, the sup-

Ventilation tubing. Rigid or flexible pliers stock number, and percent of
tubing used to convey ventilating air. finished product by weight.
20
(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
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
tional area measuring 2 feet 7 inches 25 seconds or until 1 foot of material,

wide by 3 feet 6 inches high at the test measured horizontally, is consumed,
gallery to a cross-sectional area 1 foot whichever occurs first. If the material
21
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-
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.
22
(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
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-
cient information to document compli- graph (a)(1) of this section.

ance with the technical requirements (3) Battery box covers constructed of
of this subpart and include a composite materials with less than the tensile
23
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
covers at 13 F (25 C) and two cov-
or electrolyte.
(h) Battery cells shall be insulated ers at 122 F (50 C) for a period of 48
from the battery box walls, partitions hours.
24
EC15NO91.011</GPH>
(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
range of 65 F80 F (18.3 C26.7 C)
cally affect the sample. The testing ap-

paratus must be constructed so that and maintain these conditions for 7
expansion of any components during days.
25
(3) After 7 days, record the condition 7.62 Definitions.

of the samples. The following definitions apply in
(b) Acceptable performance. At the end this subpart:
of the test, the insulation shall not ex- Blasting circuit. A circuit that in-
hibit any blistering, discoloration, cludes one or more electric detonators
cracking, swelling, tackiness, connected in a single series and the fir-
rubberiness, or loss of bond. ing cable used to connect the deto-
[53 FR 23500, June 22, 1988, as amended at 60 nators to the blasting unit.
FR 33723, June 29, 1995] Blasting unit. An electric device used
to initiate electric detonators.
7.49 Approval marking. Normal operation. Operation of the
Each approved battery assembly unit according to the manufacturers
shall be identified by a legible and per- instructions with fully-charged bat-
manent approval plate inscribed with teries, with electric components at any
the assigned MSHA approval number value within their specified tolerances,
and securely attached to the battery and with adjustable electric compo-
box. nents set to any value within their
range.
7.50 Post-approval product audit.
Upon request by MSHA, but no more
than once a year except for cause, the (a) Each application for approval of a
approval-holder shall make an ap- blasting unit shall include the fol-
proved battery assembly available for lowing:
audit at no cost to MSHA. (1) An overall assembly drawing
showing the physical construction of
7.51 Approval checklist. the blasting unit.
Each battery assembly bearing an (2) A schematic diagram of the elec-
MSHA approval plate shall be accom- tric circuit.
panied by a description of what is nec- (3) A parts list specifying each elec-
essary to maintain the battery assem- tric component and its electrical rat-
bly as approved. ings, including tolerances.
(4) A layout drawing showing the lo-
[53 FR 23500, June 22, 1988, as amended at 60 cation of each component and wiring.
FR 33723, June 29, 1995] (5) The model number or other manu-
7.52 New technology. facturers designation of the blasting
unit.
MSHA may approve a battery assem- (b) All drawings shall be titled, num-
bly that incorporates technology for bered, dated, and include the latest re-
which the requirements of this subpart vision number. The drawings may be
are not applicable, if the Agency deter- combined into one or more composite
mines that the battery assembly is as drawings.
safe as those which meet the require- (c) The application shall contain a
ments of this subpart. list of all the drawings submitted, in-
cluding drawing titles, numbers, and
Subpart DMultiple-Shot Blasting revisions.
Units (d) A detailed technical description
of the operation and use of the blasting
SOURCE: 54 FR 48210, Nov. 21, 1989, unless
unit shall be submitted with the appli-
otherwise noted. cation.
[54 FR 48210, Nov. 21, 1989, as amended at 60
7.61 Purpose and effective date. FR 33723, June 29, 1995]
This subpart establishes the specific
requirements for MSHA approval of 7.64 Technical requirements.
multiple-shot blasting units. It is effec- (a) Energy output. Blasting units shall
tive January 22, 1990. Applications for meet the acceptable performance cri-
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
26
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.
27
28
EC22OC91.001</GPH>
29
EC22OC91.002</GPH>
(h) Maximum temperature. In the nor- component shall not exceed 302 F (150
C).
mal operation of the blasting unit, the

maximum temperature of any electric (i) Capacitor discharge. The blasting
unit shall include an automatic means
30
EC22OC91.003</GPH>
to dissipate any electric charge re- terminals 10 milliseconds after oper-

maining in any capacitor after the ation of the firing switch.
blasting unit is deenergized and not in (2) The electric current from the
use. blasting unit shall be:
(j) Construction. Blasting units shall (i) Less than 50 milliamperes except
meet the acceptable performance cri- during firing of the blasting unit.
teria of the construction test of 7.67. (ii) Available only through the firing
(k) Locking device. The blasting unit line terminals.
shall be equipped with a locking device
(iii) At least an average of 2 amperes
to prevent unauthorized use.
during the first 5 milliseconds fol-
(l) Enclosure. The blasting unit enclo-
lowing operation of the firing switch.
sure shall be protected against tam-
pering by (iv) Not exceed an average of 100 am-
(1) Sealing the enclosure, except the peres during the first 10 milliseconds
battery compartment, using contin- following operation of the firing
uous welding, brazing, soldering, or switch.
equivalent methods; or
(2) Sealing the electric components, 7.67 Construction test.
other than batteries, in a solidified in- The constuction test is to be per-
sulating material and assembling the formed on the blasting unit subsequent
enclosure with tamper-resistant hard- to the output energy test of 7.66.
ware. (a) Test procedures. (1) The blasting
(m) Battery charging. Blasting units unit shall be dropped 20 times from a
that contain rechargeable batteries height of 3 feet onto a horizontal con-
shall have the following: crete floor. When dropped, the orienta-
(1) A blocking diode, or equivalent tion of the blasting unit shall be varied
device, in series with the battery to each time in an attempt to have a dif-
prevent electric energy in the battery ferent surface, corner, or edge strike
from being available at the charging the floor first for each drop.
connector. (2) After the blasting unit has been
(2) The charging connector recessed drop tested in accordance with para-
into the enclosure. graph (a)(1) above, it shall be sub-
7.65 Critical characteristics. merged in 1 foot of water for 1 hour in
each of 3 tests. The water temperature
The following critical characteristics shall be maintained within 5 F (2.8
shall be inspected or tested on each C) of 40 F (4.4 C), 70 F (21.1 C) and
blasting unit to which an approval 100 F (37.8 C) during the tests.
marking is affixed:
(3) Immediately after removing the
(a) The output current.
blasting unit from the water at each
(b) The voltage cut-off time.
temperature, the unit shall be operated
(c) The components that control volt-
first with the firing line terminals open
age and current through each making
circuited, then operated again with the
and breaking electric contact.
(d) Operation of the visual indicator firing line terminals short circuited,
and the firing switch. and last, the output energy tested in
accordance with the output energy test
7.66 Output energy test. of 7.66.
(a) Test procedures. The blasting unit (b) Acceptable performance. (1) The
shall be tested by firing into each of blasting unit shall meet the acceptable
the following resistive loads, within a performance criteria of the output en-
tolerance of 1%: ergy test in 7.66 each time it is per-
(1) The maximum blasting circuit re- formed.
sistance. (2) There shall be no damage to the
(2) Any resistive load between 3 ohms firing line terminals that exposes an
and the maximum blasting circuit re- electric conductor.
sistance. (3) The visual indicator shall be oper-
ational.
(3) One ohm.

(b) Acceptable performance. (1) The (4) The batteries shall not be sepa-
voltage shall be zero at the firing line rated from the blasting unit.
31
(5) There shall be no water inside the 7.71 Approval checklist.

blasting unit enclosure, except for the
Each blasting unit bearing an MSHA
battery compartment.
approval marking shall be accom-
7.68 Firing line terminals test. panied by a description of what is nec-
essary to maintain the blasting unit as
(a) Test procedures. (1) The contact re- approved.
sistance through each firing line ter-
minal shall be determined. [54 FR 48210, Nov. 21, 1989, as amended at 60
(2) A 10-pound pull shall be applied to FR 33723, June 29, 1995]
a No. 18 gauge wire that has been con-
nected to each firing line terminal ac-
cording to the manufacturers instruc- MSHA may approve a blasting unit
tions. that incorporates technology for which
(b) Acceptable performance. (1) The the requirements of this subpart are
contact resistance shall not be greater not applicable if the Agency deter-
than 1 ohm. mines that the blasting unit is as safe
(2) The No. 18 gauge wire shall not as those which meet the requirements
become disconnected from either firing of this subpart.
line terminal.
Subpart EDiesel Engines In-
7.69 Approval marking.
tended for Use in Under-
Each approved blasting unit shall be ground Coal Mines
identified as permissible by a legible
and permanent marking securely at-
SOURCE: 61 FR 55504, Oct. 25, 1996, unless
tached, stamped, or molded to the out-
otherwise noted.
side of the unit. This marking shall in-
clude the following: 7.81 Purpose and effective date.
(a) The assigned MSHA approval
number. Subpart A general provisions of this
(b) The maximum blasting circuit re- part apply to this subpart E. Subpart E
sistance. establishes the specific engine perform-
(c) A warning that the units compo- ance and exhaust emission require-
nents must not be disassembled or re- ments for MSHA approval of diesel en-
moved. gines for use in areas of underground
(d) The replacement battery types if coal mines where permissible electric
the unit has replaceable batteries. equipment is required and areas where
(e) A warning placed next to the non-permissible electric equipment is
charging connector that the battery allowed. It is effective November 25,
only be charged in a fresh air location 1996.
if rechargeable batteries are used.
7.82 Definitions.
(f) A warning that the unit is com-
patible only with detonators that In addition to subpart A definitions
will of this part, the following definitions
(1) Fire when an average of 1.5 am- apply in this subpart.
peres is applied for 5 milliseconds; Brake Power. The observed power
(2) Not misfire when up to an average measured at the crankshaft or its
100 amperes is applied for 10 milli- equivalent when the engine is equipped
seconds; and only with standard auxiliaries nec-
(3) Not fire when a current of 250 essary for its operation on the test bed.
milliamperes or less is applied. Category A engines. Diesel engines in-
tended for use in areas of underground
7.70 Post-approval product audit. coal mines where permissible electric
Upon request by MSHA, but not more equipment is required.
than once a year except for cause, the Category B engines. Diesel engines in-
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.
32
Corrosion-resistant material. Material Steady-state condition. Diesel engine

that has at least the corrosion-resist- operating condition which is at a con-
ant properties of type 304 stainless stant speed and load and at stabilized
steel. temperatures and pressures.
Diesel engine. Any compression igni- Total oxides of nitrogen. The sum total
tion internal combustion engine using of the measured parts per millions
the basic diesel cycle where combus- (ppm) of nitric oxide (NO) plus the
tion results from the spraying of fuel measured ppm of nitrogen dioxide
into air heated by compression. (NO2).
Exhaust emission. Any substance
emitted to the atmosphere from the ex-
haust port of the combustion chamber (a) An application for approval of a
of a diesel engine. diesel engine shall contain sufficient
Intermediate speed. Maximum torque information to document compliance
speed if it occurs between 60 percent with the technical requirements of this
and 75 percent of rated speed. If the subpart and specify whether the appli-
maximum torque speed is less than 60 cation is for a category A engine or
percent of rated speed, then the inter- category B engine.
mediate speed shall be 60 percent of the (b) The application shall include the
rated speed. If the maximum torque following engine specifications
speed is greater than 75 percent of the (1) Model number;
rated speed, then the intermediate (2) Number of cylinders, cylinder bore
speed shall be 75 percent of rated speed. diameter, piston stroke, engine dis-
Low idle speed. The minimum no load placement;
speed as specified by the engine manu- (3) Maximum recommended air inlet
facturer. restriction and exhaust backpressure;
(4) Rated speed(s), rated horse-
Maximum torque speed. The speed at
power(s) at rated speed(s), maximum
which an engine develops maximum
torque speed, maximum rated torque,
torque.
high idle, minimum permitted engine
Operational range. All speed and load speed at full load, low idle;
(including percent loads) combinations (5) Fuel consumption at rated horse-
from the rated speed to the minimum power(s) and at the maximum rated
permitted engine speed at full load as torque;
specified by the engine manufacturer. (6) Fuel injection timing; and
Particulates. Any material collected (7) Performance specifications of tur-
on a specified filter medium after di- bocharger, if applicable.
luting exhaust gases with clean, fil- (c) The application shall include di-
tered air at a temperature of less than mensional drawings (including toler-
or equal to 125 F (52 C), as measured ances) of the following components
at a point immediately upstream of the specifying all details affecting the
primary filter. This is primarily car- technical requirements of this subpart.
bon, condensed hydrocarbons, sulfates, Composite drawings specifying the re-
and associated water. quired construction details may be sub-
Percent load. The fraction of the max- mitted instead of individual drawings
imum available torque at an engine of the following components
speed. (1) Cylinder head;
Rated horsepower. The nominal brake (2) Piston;
power output of a diesel engine as spec- (3) Inlet valve;
ified by the engine manufacturer with (4) Exhaust valve;
a specified production tolerance. For (5) Cam shaftprofile;
laboratory test purposes, the fuel pump (6) Fuel cam shaft, if applicable;
calibration for the rated horsepower (7) Injector body;
must be set between the nominal and (8) Injector nozzle;
the maximum fuel tolerance specifica- (9) Injection fuel pump;
tion. (10) Governor;
Rated speed. Speed at which the rated (11) Turbocharger, if applicable;

power is delivered, as specified by the (12) Aftercooler, if applicable;
engine manufacturer. (13) Valve guide;
33
(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;
paragraphs (b) and (c) of this section and

and shall ensure that the maximum (viii) For testing category A engines,
fuel:air (f/a) ratio determined under an apparatus for metering in 1.0 0.1
34
percent, by volume, of methane (CH4) 0.59 inches Hg (2kPa) respectively, of

into the intake air system shall be pro- the manufacturers specification.
vided. (b) Gaseous emission sampling sys-
(2) The test fuel specified in Table E tem shall be used in determining the
1 shall be a low volatile hydrocarbon gaseous ventilation rates.
fuel commercially designated as Type (1) The schematic of the gaseous sam-
2D grade diesel fuel. The fuel may pling system shown in Figure E1 shall
contain nonmetallic additives as fol- be used for testing category A engines.
lows: Cetane improver, metal deacti- Various configurations of Figure E1
vator, antioxidant, dehazer, antirust, may produce equivalent results. The
pour depressant, dye, dispersant, and components in Figure E1 are des-
biocide. ignated as follows
(i) FiltersF1, F2, F3, and F4;
TABLE E1DIESEL TEST FUEL SPECIFICATIONS
(ii) FlowmetersFL1, FL2, FL3, FL4,
Item ASTM Type 2D FL5, FL6, and FL7;
(iii) Upstream GaugesG1, G2, and
Cetane number .............................. D613 4048.
Cetane index .................................. D976 4048. G5;
Distillation range: (iv) Downstream GaugesG3, G4, and
IBP F .............................. D86 340400. G6;
(C) .................... (171.1204.4).
10 pct. point, F ............... D86 400460. (v) Pressure GaugesP1, P2, P3, P4,
(C) .................... (204.4237.8). P5, and P6;
50 pct. point, F ............... D86 470.540. (vi) RegulatorsR1, R2, R3, R4, R5,
(C) .................... (243.3282.2).
90 pct. point, F ............... D86 560630. R6, and R7;
(C) .................... (293.3332.2). (vii) Selector ValvesV1, V2, V3, V4,
EP, F .............................. D86 610690. V6, V7, V8, V15, and V19;
(C) .................... (321.1365.6).
Gravity,API .................................... D287 3237. (viii) Heated Selector ValvesV5,
Total sulfur, pct. ............................. D2622 0.030.05. V13, V16, and V17;
Hydrocarbon composition: (ix) Flow Control ValvesV9, V10,
Aromatics, pct. ................. D1319 27 minimum.
Paraffins, naphthenes, D1319 Remainder. V11 and V12;
olefins. (x) Heated Flow Control ValvesV14
Flashpoint, minimum, F ................ 93 130. and V18;
(C) ................................... (54.4).
Viscosity, centistokes ..................... 445 2.03.2. (xi) PumpSample Transfer Pump;
(xii) Temperature Sensor(T1);
(3) The test fuel temperature at the (xiii) DryerD1 and D2; and
inlet to the diesel engines fuel injec- (xiv) Water trapsWT1 and WT2.
tion pump shall be controlled to the (A) Water removal from the sample
engine manufacturers specification. shall be done by condensation.
(4) The engine coolant temperature (B) The sample gas temperature or
(if applicable) shall be maintained at dew point shall be monitored either
normal operating temperatures as within the water trap or downstream of
specified by the engine manufacturer. the water trap and shall not exceed 45
(5) The charge air temperature and F (7 C).
cooler pressure drop (if applicable) (C) Chemical dryers are not per-
shall be set to within 7 F(4 C) and mitted.
35
(2) The schematic of the gaseous sam- may produce equivalent results. The
pling system shown in Figure E2 shall components are designated as follows

be used for testing category B engines. (i) FiltersF1, F2, F3, and F4;
Various configurations of Figure E2
36
ER25oc96.000</GPH>
(ii) FlowmetersFL1, FL2, FL3, and (xii) Temperature Sensor(T1); and

FL4; (xiii) Water trapsWT1 and WT2.
(iii) Upstream GaugesG1, and G2; (A) Water removal from the sample
(iv) Downstream GaugesG3, and G4; shall be done by condensation.
(v) Pressure GaugesP1, P2, P3, and (B) The sample gas temperature or
P4; dew point shall be monitored either
(vi) RegulatorsR1, R2, R3, and R4; within the water trap or downstream of
(vii) Selector ValvesV1, V2, V3, V4, the water trap and shall not exceed 45
V6, and V7; F (7 C).
(viii) Heated Selector ValvesV5, V8, (C) Chemical dryers are not per-
and V12; mitted.
(ix) Flow Control ValvesV9, V10, (3) All components or parts of compo-
V11; nents that are in contact with the sam-
(x) Heated Flow Control ValvesV13; ple gas or corrosive calibration gases
(xi) PumpSample Transfer Pump; shall be corrosion-resistant material.
37
(4) All analyzers shall obtain the (5) CO and CO2 measurements shall be
sample to be analyzed from the same made on a dry basis.

sample probe.
38
ER25OC96.001</GPH>
(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)
equivalent carbon (ppmC) or 2 percent and 392 F (200 C).
of each range used below 155 ppm (or (iii) The minimum water rejection
ppmC). ratio (maximum water interference)
39
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.
be the diluent. (2) The mass of particulate in the ex-

(20) Zero-grade gases for the CO, CO2, haust shall be collected by filtration.
CH4 , and NOX analyzers shall be either The exhaust temperature immediately
40
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.
41
42
ER25oc96.002</GPH>
(8) The flow capacity of the PDP or (52.0 C) or less immediately before the
primary particulate filter.
CFV system using single dilution shall

maintain the diluted exhaust at 125 F (9) The flow capacity of the PDP or
CFV system using a double dilution
43
ER25oc96.003</GPH>
system shall be sufficient to maintain centerline, and approximately 10 dilu-

the diluted exhaust in the dilution tun- tion tunnel diameters downstream of
nel at 375 F (191 C) or less at the sam- the point where the engines exhaust
pling zone. enters the dilution tunnel; and
(10) The secondary dilution system (ii) Have 0.5 inches (12 mm) minimum
shall provide sufficient secondary dilu- inside diameter.
tion air to maintain the double-diluted (16) The inlet gas temperature to the
exhaust stream at 125 F (52.0 C) or particulate sample pump or mass
less immediately before the primary measurement device shall remain a
particulate filter. constant temperature of 5 F (3.0 C) if
(11) The gas flow meters or the mass flow compensation is not used.
flow measurement instrumentation (17) The secondary dilution portion of
shall have a maximum error of the the double dilution system shall have:
measured value within 2 percent of (i) A particulate transfer tube shall
reading. have a 0.5 inch (12 mm) minimum in-
(12) The dilution air shall have a tem- side diameter not to exceed 40 inches
perature of 77 F 9 F (25 C 5 C), and (1020 mm) in length measured from the
be probe tip to the secondary dilution
(i) Filtered at the air inlet; or tunnel has:
(ii) Sampled to determine back- (A) An inlet with the transfer tube
ground particulate levels, which can facing upstream in the primary dilu-
then be subtracted from the values tion tunnel, centerline, and approxi-
measured in the exhaust stream. mately 10 dilution tunnel diameters
(13) The dilution tunnel shall have downstream of the point where the en-
the following specifications: gines exhaust enters the dilution tun-
(i) Be small enough in diameter to nel.
cause turbulent flow (Reynolds number
(B) An outlet where the transfer tube
greater than 4,000) and of sufficient
exits on the centerline of the secondary
length to cause complete mixing of the
tunnel and points downstream.
exhaust and dilution air;
(ii) A secondary tunnel that has a
(ii) Be at least 3 inches (75 mm) in di-
minimum diameter of 3.0 inches (75
ameter; and
mm), and of sufficient length to pro-
(iii) Be configured to direct the en-
vide a residence time of at least 0.25
gine exhaust downstream at the point
seconds for the double-diluted sample.
where it is introduced into the dilution
tunnel for thorough mixing. (iii) Secondary dilution air supplied
(14) The exhaust pipe length from the at a temperature of 77 F 9 F (25 C 5
exit of the engine exhaust manifold or C).
turbocharger outlet to the dilution (iv) A primary filter holder located
tunnel shall not exceed a total length within 12.0 inches (300 mm) of the exit
of 32 feet (10 m). of the secondary tunnel.
(i) When the exhaust pipe exceeds 12 (18) The particulate sampling filters
feet (4 m), then all pipe in excess of 12 shall
feet (4 m) shall be insulated with a ra- (i) Be fluorocarbon-coated glass fiber
dial thickness of at least 1.0 inch (25 filters or fluorocarbon-based (mem-
mm) and the thermal conductivity of brane) filters and have a 0.3 m di-
the insulating material shall be no octylphthalate (DOP) collection effi-
greater than 0.1 W/mK measured at 752 ciency of at least 95 percent at a gas
F (400 C). face velocity between 35 and 80 cm/s.;
(ii) To reduce the thermal inertia of (ii) Have a minimum diameter of 1.85
the exhaust pipe, the thickness to di- inches (47 mm), 1.46 inches (37 mm)
ameter ratio shall be 0.015 or less. stain diameter;
(iii) The use of flexible sections shall (iii) Have a minimum filter loading
be limited to the length to diameter ratio of 0.5mg/1075 mm 2 stain area for
ratio of 12 or less. the single filter method.
(15) The particulate sample probe (iv) Have minimum filter loading
shall such that the sum of all eight (8) mul-

(i) Be installed in the dilution tunnel tiple filters is equal to the minimum
facing upstream, on the dilution tunnel loading value (mg) for a single filter
44
multiplied by the square root of eight paragraphs (c)(18)(iii) or (c)(18)(iv) of

(8). this section, then all sample filters
(v) Be sampled at the same time by a shall be discarded and the tests re-
pair of filters in series (one primary peated.
and one backup filter) so that: (20) The analytical balance used to
(A) The backup filter holder shall be determine the weights of all filters
located no more than 4 inches (100 mm) shall have a precision (standard devi-
downstream of the primary filter hold- ation) of 20 g and resolution of 10 g.
er. For filters less than 70 mm diameter,
(B) The primary and backup filters the precision and resolution shall be 2
shall not be in contact with each other. g and 1 g, respectively.
(C) The filters may be weighed sepa- (21) All filters shall be neutralized to
rately or as a pair with the filters eliminate the effects of static elec-
placed stain side to stain side. tricity prior to weighing.
(D) The single filter method incor-
porates a bypass system for passing the 7.87 Test to determine the maximum
sample through the filters at the de- fuel-air ratio.
sired time. (a) Test procedure. (1) Couple the die-
(vi) Have a pressure drop increase be- sel engine to the dynamometer and
tween the beginning and end of the test connect the sampling and measure-
of no more than 7.4 in Hg (25kPa). ment devices specified in 7.86.
(vii) Filters of identical quality shall (2) Prior to testing, zero and span the
be used when performing correlation CO and NOX analyzers to the lowest an-
tests specified in paragraph (c)(1)(vi) of alyzer range that will be used during
this section. this test.
(19) Weighing chamber specifications. (3) While running the engine, the fol-
(i) The temperature of the chamber lowing shall apply:
(room) in which the particulate filters (i) The parameter for the laboratory
are conditioned and weighed shall be atmospheric factor, fa, shall be:
maintained to within 72 F 5 F (22 C 0.98fa1.02;
3 C) during all filter conditioning and (A) The equation is fa=(99/Ps) *
weighing. ((Ta+273)/298)0.7 for a naturally aspi-
(ii) The humidity of the chamber rated and mechanically supercharged
(room) in which the particulate filters engines; or
are conditioned and weighed shall be (B) The equation is fa=(99/Ps)0.7*
maintained to a dewpoint of 49 F 5 F ((Ta+273)/298)1.5 for a turbocharged en-
(9.5 C 3 C) and a relative humidity of gine with or without cooling of the in-
45 percent 8 percent during all filter take air.
conditioning and weighing.
Where:
(iii) The chamber (room) environ-
ment shall be free of any ambient con- Ps = dry atmospheric pressure (kPa)
Ta = intake air temperature (C)
taminants (such as dust) that would
settle on the particulate filters during (ii) The air inlet restriction shall be
their stabilization. This shall be deter- set within 10 percent of the rec-
mined as follows: ommended maximum air inlet restric-
(A) At least two unused reference fil- tion as specified by the engine manu-
ters or reference filter pairs shall be facturer at the engine operating condi-
weighed within four (4) hours of, but tion giving maximum air flow to deter-
preferably at the same time as the mine the concentration of CO as speci-
sample filter (pair) weighings. fied in paragraph (a)(6) of this section.
(B) The reference filters are to be the (iii) The exhaust backpressure re-
same size and material as the sample striction shall be set within 10 percent
filters. of the maximum exhaust backpressure
(C) If the average weight of reference as specified by the engine manufac-
filters (reference filter pairs) changes turer at the engine operating condition
between sample filter weighings by giving maximum rated horsepower to
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.
45
(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
% Torque 100 75 50 10 100 75 50 0
(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
(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.
46
(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
E=1.0+(R)(H75)+(G)(TI77) closed, but unsealed, petri dish and

R=(f/a)(0.044)(0.0038) placed in a weighing chamber (room)
G=(f/a)(0.116)+(0.0053) for stabilization.
47
(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
% Torque 100 75 50 10 100 75 50 0
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.
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.
48
(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 )
(B) Determination of weighted par-

ticulate average is calculated as fol-
lows:
i=n
(
PT gr /hr = PT gr /hri WFi )( )
i =1
(C) Determination of particulate average of the test modes shall be cal-

index for the mass particulate from the culated as follows:
( PT gr /hr )(1000 mg /gr )(1 hr /60 min )(35.31 ft 3 /m 3 )

PI =
(1 / 1 mg /m ) 3 ER25oc96.007</MATH>
(iv) When the single filter method is (A) Mass of particulate emitted:
ER25oc96.005</MATH> ER25oc96.006</MATH>
used, the following equations shall be

used.
(Pfcorr mg)(m mix kg/hr ) avg.

PT gr/hr =
(m sample kg)(1000 mg/gr )
49
ER25OC96.004</MATH>
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
(B) Determination of particulate average of the test modes shall be as

index for the mass particulate from the follows:
( PT gr /hr )(1000 mg /gr )(1 hr /60 min )(35.31 ft 3 /m 3 )

PI =
(1 / 1 mg /m ) 3
(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 )
(B) The value of the effective 7.90 Approval marking.

weighting factors shall be within 0.005
Each approved diesel engine shall be
(absolute value) of the weighting fac-
identified by a legible and permanent
tors listed in Table E3.
approval marking inscribed with the
(b) A particulate index for each reassigned MSHA approval number and
quested rated speed and horsepower securely attached to the diesel engine.
shall be the value determined in para- The marking shall also contain the fol-
graph (a)(9)(iii)(C) of this section for lowing information:
the multiple filter method or para-
(a) Ventilation rate.
graph (a)(9)(iv)(B) of this section for
(b) Rated power.
the single filter method.
(c) Rated speed.
(1) Particulate indices less than 20,000 ER25oc96.011</MATH>
(d) High idle.
cfm shall be rounded up to the next 500
cfm. Example: 10,432 cfm shall be listed (e) Maximum altitude before
10,500 cfm. deration.
(2) Particulate indices greater than (f) Engine model number.
ER25oc96.010</MATH>
20,000 cfm shall be rounded up to the 7.91 Post-approval product audit.

nearest thousand 1,000 cfm. Example:
26,382 cfm shall be listed 27,000 cfm. Upon request by MSHA, but no more
than once a year except for cause, the
[61 FR 55504, Oct. 25, 1996; 62 FR 34640, June approval holder shall make a diesel en-
27, 1997]
gine available for audit at no cost to
ER25oc96.009</MATH>
MSHA.
50
ER25oc96.008</MATH>
7.92 New technology. the escape of flame from the diesel

power package.
MSHA may approve a diesel engine
that incorporates technology for which Flame arrester. A device so con-
the requirements of this subpart are structed that flame or sparks from the
not applicable if MSHA determines diesel engine cannot propagate an ex-
that the diesel engine is as safe as plosion of a flammable mixture
those which meet the requirements of through it.
this subpart. Flame arresting path (explosion-proof
joint). Two or more adjoining or adja-
cent surfaces between which the escape
Subpart FDiesel Power Pack- of flame is prevented.
ages Intended for Use in Flammable mixture. A mixture of
Areas of Underground Coal methane or natural gas with normal
Mines Where Permissible Elec- air, that will propagate flame or ex-
tric Equipment is Required plode when ignited.
Grade. The slope of an incline ex-
SOURCE: 61 FR 55518, Oct. 25, 1996, unless pressed as a percent.
otherwise noted. High idle speed. The maximum no
load speed specified by the engine man-
7.95 Purpose and effective date. ufacturer.
Part 7, subpart A general provisions Intake system. A system connected to
apply to subpart F. Subpart F estab- the inlet of the diesel engine which in-
lishes the specific requirements for cludes, but is not limited to, the intake
MSHA approval of diesel power pack- manifold, the intake flame arrester,
ages intended for use in approved the emergency intake air shutoff de-
equipment in areas of underground coal vice, the air cleaner, and all piping and
mines where electric equipment is re- adapters between the intake manifold
quired to be permissible. It is effective and air cleaner.
November 25, 1996. Plane joint. A joint comprised of two
adjoining surfaces in parallel planes.
7.96 Definitions. Safety shutdown system. A system
In addition to the definitions in sub- which, in response to signals from var-
parts A and E of this part, the fol- ious safety sensors, recognizes the ex-
lowing definitions apply in this sub- istence of a potential hazardous condi-
part. tion and automatically shuts off the
Cylindrical joint. A joint comprised of fuel supply to the engine.
two contiguous, concentric, cylindrical Step (rabbet) joint. A joint comprised
surfaces. of two adjoining surfaces with a change
Diesel power package. A diesel engine or changes in direction between its
with an intake system, exhaust sys- inner and outer edges. A step joint may
tem, and a safety shutdown system in- be composed of a cylindrical portion
stalled. and a plane portion or of two or more
Dry exhaust conditioner. An exhaust plane portions.
conditioner that cools the exhaust gas Threaded joint. A joint consisting of a
without direct contact with water. male- and female-threaded member,
Exhaust conditioner. An enclosure, both of which are the same type and
containing a cooling system, through gauge.
which the exhaust gases pass. Wet exhaust conditioner. An exhaust
Exhaust system. A system connected conditioner that cools the exhaust gas
to the outlet of the diesel engine which through direct contact with water,
includes, but is not limited to, the ex- commonly called a water scrubber.
haust manifold, the exhaust pipe, the
exhaust conditioner, the exhaust flame 7.97 Application requirements.
arrester, and any adapters between the (a) An application for approval of a
exhaust manifold and exhaust flame ar- diesel power package shall contain suf-
rester. ficient information to document com-

Fastening. A bolt, screw, or stud used pliance with the technical require-
to secure adjoining parts to prevent ments of this subpart and include:
51
drawings, specifications, and descrip- dimensions, and identification of all in-

tions with dimensions (including toler- ternal parts, exhaust inlet and outlet,
ances) demonstrating compliance with sensors, and the exhaust gas path
the technical requirements of 7.98. through the exhaust conditioner. If a
The specifications and descriptions wet exhaust conditioner is used, the ex-
shall include the materials of construc- haust conditioner assembly drawing
tion and quantity. These shall include must also show the location, dimen-
the following sions, and identification of the fill
(1) A general arrangement drawing port, drain port, low water check port;
showing the diesel power package and high or normal operating water level;
the location and identification of the minimum allowable low water level;
intake system, exhaust system, safety and the maximum allowable grade that
shutdown system sensors, flame arrest- maintains explosion-proof operations.
ers, exhaust conditioner, emergency in- (10) A power package checklist which
take air shutoff device, automatic fuel shall consist of a list of specific fea-
shutoff device and the engine. tures that must be checked and tests
(2) Diesel engine specifications in- that must be performed to determine if
cluding the MSHA approval number, a previously approved diesel power
the engine manufacturer, the engine package is in approved condition. Test
model number, and the rated speed, procedures shall be specified in suffi-
rated horsepower, and fuel rate. cient detail to allow the evaluation to
(3) A drawing(s) which includes the be made without reference to other
fan blade material specifications, the documents. Illustrations shall be used
location and identification of all to fully identify the approved configu-
water-cooled components, coolant ration of the diesel power package.
lines, radiator, surge tank, tempera- (11) Information showing that the
ture sensors, and orifices; arrows indi- electrical systems and components
cating proper flow direction; the height meet the requirements of 7.98.
relationship of water-cooled compo-
(12) A drawing list consisting of a
nents to the surge tank; and the proper
complete list of those drawings and
procedure for filling the cooling sys-
specifications which show the details of
tem.
the construction and design of the die-
(4) A drawing(s) showing the relative
sel power package.
location, identification of components,
(b) Composite drawings specifying
and design of the safety shutdown sys-
the required construction details may
tem.
be submitted instead of the individual
(5) Specific component identification,
drawings in paragraph (a) of this sec-
or specific information including detail
tion.
drawings that identify the characteris-
tics of the cooling system and safety (c) All documents shall be titled,
shutdown system that ensures compli- dated, numbered, and include the latest
ance with the technical requirements. revision.
(6) Detail drawings of gaskets used to (d) When all testing has been com-
form flame-arresting paths. pleted, the following information shall
(7) An assembly drawing showing the be submitted and become part of the
location and identification of all in- approval documentation:
take system components from the air (1) The settings of any adjustable de-
cleaner to the engine head. vices used to meet the performance re-
(8) An assembly drawing showing the quirements of this subpart.
location and identification of all ex- (2) The coolant temperature sensor
haust system components from the en- setting and exhaust gas temperature
gine head to the exhaust outlet. sensor setting used to meet the per-
(9) Detail drawings of those intake formance requirements of this subpart.
and exhaust system components identi- (3) The minimum allowable low water
fied in paragraphs (a)(7) and (a)(8) of level and the low water sensor setting
this section that ensure compliance used to meet the performance require-
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.
52
(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-
applied potential of 500 volts or more. sparking materials.

Static conducting materials having a (2) If the design of the safety shut-
total resistance greater than 1 megohm down system requires that the lack of
53
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
(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
54
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
Minimum thickness of material for flanges .....................................................................................

12 1
Minimum width of joint; all in one plane ......................................................................................... 1

Maximum clearance; joint all in one plane ..................................................................................... 0.004
Minimum width of joint, portions of which are different planes; cylinders or equivalent ................ 342
Maximum clearances; joint in two or more planes, cylinders or equivalent:

Portion perpendicular to plane ......................................................................................... 0.0083
Plane portion ..................................................................................................................... 0.006
Maximum fastening 4 spacing; joints all in one plane 5 ................................................................... 6
Maximum fastening spacing; joints, portions of which are in different planes ............................... 8
Minimum diameter of fastening (without regard to type of joint) 6 .................................................. 38
Minimum thread engagement of fastening 7 ................................................................................... 38
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
Shafts centered by ball or roller bearings:

Minimum length of flame-arresting path ........................................................................... 1
Maximum diametrical clearance ....................................................................................... 0.030
Other cylindrical joints:
Minimum length of flame-arresting path ........................................................................... 1
Maximum diametrical clearance ....................................................................................... 0.010
1 116-inch less is allowable for machining rolled plate.
2 If only two planes are involved, neither portion of a joint shall be less than 18-inch wide, unless the wider portion conforms
to the same requirements as those for a joint that is all in one plane. If more than two planes are involved (as in labyrinths or
tongue-in-groove joints), the combined lengths of those portions having prescribed clearances are considered.
3 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 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.
55
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.
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
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
56
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-
haust gas cooling efficiency test in tenings.

7.102. A sensor shall be provided that (d) The means provided to maintain
activates the safety shutdown system tightness of fastenings.
57
7.100 30 CFR Ch. I (7115 Edition)
(e) Length of thread engagement on large enough to contain the complete

fastenings and threaded parts that en- diesel power package. The chamber
sure the explosion-proof integrity of must be sufficiently darkened and pro-
the diesel power package. vide viewing capabilities of the flame-
(f) Diesel engine approval marking. arresting paths to allow observation
(g) Fuel rate setting to ensure that it during testing of any discharge of
is appropriate for the intended applica- flame or ignition of the flammable
tion, or a warning tag shall be affixed mixture surrounding the diesel power
to the fuel system notifying the pur- package. Couple the diesel power pack-
chaser of the need to make proper ad- age to an auxiliary drive mechanism.
justments. Attach a pressure measuring device, a
(h) Material and dimensions of gas- temperature measuring device, and an
kets that are essential in maintaining ignition source to the intake system.
the explosion-proof integrity of the The pressure measuring device shall be
diesel power package. capable of indicating the peak pressure
(i) Dimensions and assembly of flame accurate to 1 pound-per-square inch
arresters. gauge (psig) at 100 psig static pressure
(j) Materials of construction to en- and shall have a frequency response of
sure that the intake system, exhaust 40 Hertz or greater. The ignition source
system, cooling fans, and belts have shall be an electric spark with a min-
been fabricated from the required ma- imum energy of 100 millijoules. The ig-
terial. nition source shall be located imme-
(k) Proper interconnection of the diately adjacent to the intake manifold
coolant system components and use of and the pressure and temperature de-
specified components. vices shall be located immediately ad-
(l) Proper interconnection of the jacent to the flame arrester.
safety shutdown system components
(ii) For systems using the wet ex-
and use of specified components.
haust conditioner as an exhaust flame
(m) All plugs and covers to ensure
arrester, fill the exhaust conditioner to
that they are tightly installed.
the specified high or normal operating
(n) The inspections and tests de-
scribed in the diesel power package water level.
checklist shall be performed and all re- (iii) Fill the test chamber with a
quirements shall be met. mixture of natural gas and air or meth-
ane and air. If natural gas is used, the
7.100 Explosion tests. content of combustible hydrocarbons
(a) Test procedures. (1) Prepare to test shall total at least 98.0 percent, by vol-
the diesel power package as follows: ume, with the remainder being inert.
(i) Perform a detailed check of parts At least 80.0 percent, by volume, of the
against the drawings and specifications gas shall be methane. For all tests, the
submitted under 7.97 to determine methane or natural gas concentration
that the parts and drawings agree. shall be 8.5 1.8 percent, by volume, and
(ii) Remove all parts that do not con- the oxygen concentration shall be no
tribute to the operation or ensure the less than 18 percent, by volume.
explosion-proof integrity of the diesel (iv) Using the auxiliary drive mecha-
power package such as the air cleaner nism, motor the engine to fill the in-
and exhaust gas dilution system. take and exhaust systems with the
(iii) Fill coolant system fluid and en- flammable mixture. The intake sys-
gine oil to the engine manufacturers tem, exhaust system, and test chamber
recommended levels. gas concentration shall not differ by
(iv) Interrupt fuel supply to the in- more than 0.3 percent, by volume, at
jector pump. the time of ignition.
(v) Establish a preliminary low water (v) For static tests, stop the engine,
level for systems using the wet exhaust actuate the ignition source, and ob-
conditioner as a flame arrester. serve the peak pressure. The peak pres-
(2) Perform static and dynamic tests sure shall not exceed 110 psig. If the
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
58
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
with a spaced-plate flame arrester in level, for a wet exhaust conditioner

addition to an exhaust conditioner, ex- used as the exhaust flame arrester,
plosion tests of the exhaust system shall be determined by adding two
59
7.101 30 CFR Ch. I (7115 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
(iii) If a wet exhaust conditioner is diluted with air.

used to cool the exhaust gas, fill the (b) Acceptable performance. (1) The ex-
exhaust conditioner to the high or nor- haust gas temperature at discharge
60
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
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
61
7.104 30 CFR Ch. I (7115 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
(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
62
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
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-
enclosure used as a winding compart- plosion-proof enclosure or enclosures.

ment, conduit box, or a combination of (4) All dimensions (including toler-
both that complies with the applicable ances) and specifications required to
63
7.304 30 CFR Ch. I (7115 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-
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.
64
(7) Lockwashers, or equivalent, shall (13) A minimum of 18 inch of stock

be provided for all fastenings. Devices shall be left at the center of the bot-
other than lockwashers shall meet the tom of each blind hole that could pene-
requirements of 7.308 of this part. trate into the interior of an explosion-
Equivalent devices shall only be used proof enclosure.
in the configuration in which they (14) Fastenings shall be used only for
were tested. attaching parts that are essential in
(8) Fastenings shall be as uniform in maintaining the explosion-proof integ-
size as practicable to preclude im- rity of the enclosure, or necessary for
proper installation. the operation of the motor. They shall
(9) Holes for fastenings in an explo- not be used for making electrical con-
sion-proof enclosure shall be threaded nections.
to ensure that all specified bolts or
(15) Through holes not in use shall be
screws will not bottom even if the
closed with a metal plug. Plugs, includ-
washers are omitted.
(10) Holes for fastenings shall not ing eyebolts, in through holes where
penetrate to the interior of an explo- future access is desired shall meet the
sion-proof enclosure, except holes made flame-arresting paths, lengths, and
through motor casings for bolts, studs, clearances of paragraph (g)(19) of this
or screws to hold essential parts, such section and be secured by spot welding
as pole pieces, brush rigging, and bear- or brazing. The spot weld or braze may
ing cartridges. The attachments of be on a plug, clamp, or fastening (for
such parts shall be secured against example see figure J1). Plugs for holes
loosening. The threaded holes in these where future access is not desired shall
parts shall be blind unless the fas- be secured all around by a continuous
tenings are inserted from the inside, in gas-tight weld.
which case the fastenings shall not be (16) O-rings, if used in a flame-arrest-
accessible with the rotor in place. ing path, shall meet the following:
(11) For direct current motor assem- (i) When the flame-arresting path is
blies with narrow interpoles, the dis- in one plane, the o-ring shall be located
tance from the edge of the pole piece to at least one-half the acceptable flame-
any bolt hole in the frame shall be at arresting path length specified in para-
least 18 inch. If the distance is 18 to 14 graph (g)(19) of this section from with-
inch, the diametrical clearance for the in the outside edge of the path (see fig-
pole bolt shall not exceed 164 inch for ure J2).
not less than 12 inch through the (ii) When the flame-arresting path is
frame. Furthermore, the pole piece one of the plane-cylindrical type (step
shall have the same radius as the inner joint), the o-ring shall be located at
surface of the frame. Pole pieces may least 12 inch from within the outer
be shimmed as necessary. If used, the edge of the plane portion (see figure J
total resulting thickness of the shims 3), or at the junction of the plane and
shall be specified. The shim assembly cylindrical portion of the joint (see fig-
shall meet the same requirements as
ure J4), or in the cylindrical portion
the pole piece.
(see figure J5).
(12) Coil-thread inserts, if used in
holes for fastenings, shall meet the fol- (17) Mating parts comprising a
lowing: pressed fit shall result in a minimum
(i) The inserts shall have internal interference of 0.001 inch between the
screw threads. parts. The minimum length of the
(ii) The holes for the inserts shall be pressed fit shall be equal to the min-
drilled and tapped consistent with the imum thickness requirement of para-
insert manufacturers specifications. graph (g)(19) of this section for the ma-
(iii) The inserts shall be installed terial in which the fit is made.
consistent with the insert manufactur- (18) The flame-arresting path of
ers specifications. threaded joints shall conform to the re-
(iv) The insert shall be of sufficient quirements of paragraph (g)(19) of this
section.
length to ensure the minimum thread

engagement of fastening specified in (19) Explosion-proof enclosures shall
paragraph (g)(19) of this section. meet the requirements set out in table
65
7.304 30 CFR Ch. I (7115 Edition)
J2 of this section, based on the inter-

nal free volume of the empty enclo-
sure.
TABLE J2EXPLOSION-PROOF REQUIREMENTS BASED ON VOLUME
Volume of empty enclosure
Less than 45 45 to 124 cu. More than 124

cu. ins. ins. inclusive cu. ins.
Minimum thickness of material for walls 1 ......................................................... 18

3 16
14
Minimum thickness of material for flanges and covers .................................... 2 14 3 38 3 12
Minimum width of joint; all in one plane ...........................................................

12
34 1
Maximum clearance; joint all in one plane ....................................................... 0.002 0.003 0.004
Minimum width of joint, portions of which are in different planes; cylinders or
equivalent ....................................................................................................... 4 38 4 58 4 34
Maximum clearances; joint in two or more planes, cylinders or equivalent: 5

(a) Portion perpendicular to plane 6 .................................................... 0.008 0.008 0.008
(b) Plane portion ................................................................................. 0.006 0.006 0.006
Maximum fastening 7 8 spacing; joints all in one plane .................................... (16) (16) (16)
Maximum fastening spacing; joints, portions of which are in different planes (17) (17) (17)
Minimum diameter of fastening 9 (without regard to type of joint) .................... 14 14 38
Minimum thread engagement of fastening 10 .................................................... 14 14 38
Maximum diametrical clearance between fastening body and unthreaded

holes through which it passes 8 11 12 .............................................................
1 64
1 32
1 16
Minimum distance from interior of enclosure to the edge of a fastening

hole: 8 13
Jointminimum width 1 .................................................................... ........................ ........................ 14 716
Jointless than 1 wide ..................................................................... 18 316
Cylindrical Joints
Shaft centered by ball or roller bearings:

Minimum length of flame-arresting path .................................................... 12 34 1
Maximum diametrical clearance ................................................................ 0.020 0.025 0.030
Other cylindrical joints: 15
Minimum length of flame-arresting path ............................................. 12 34 1
Maximum diametrical clearance ......................................................... 0.006 0.008 0.010
1 This is the minimal nominal dimension when applied to standard steel plate.
2 132inch less is allowable for machining rolled plate.
3 116inch less is allowable for machining rolled plate.
4 If only two planes are involved, neither portion of a joint shall be less than 18 inch wide, unless the wider portion conforms to
the same requirements as those for a joint that is all in one plane. If more than two planes are involved (as in labyrinths or
tongue-and-groove joints) the combined lengths of those portions having prescribed clearances are considered.
5 For winding compartments having internal free volume not exceeding 350 cubic inches and joints not exceeding 32 inches in
outer circumference and provided with step joints between the stator frame and the end bracket the following dimensions shall
apply:
DIMENSIONS OF RABBET (STEP) JOINTS-INCHES

[See figure J6 in appendix]
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.
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.
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.
66
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, being 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
(ii) The diametrical clearance be- conducting an explosion test:

tween the cable jacket and the nominal (1) An explosion test chamber de-
inside diameter of the grommet shall signed and constructed to contain an
67
7.306 30 CFR Ch. I (7115 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 rein 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.
(3) Four tests at 9.4 0.4 percent
served for discharge of flames for at

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
68
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
surrounding the motor assembly in the
per cubic foot of internal free volume

of the conduit box and meeting the chamber.
specifications in paragraph (c)(3) of (3) Development of afterburning.
69
7.307 30 CFR Ch. I (7115 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.
70
Mine Safety and Health Admin., Labor Pt. 7, Subpt. J, App. I
APPENDIX I TO SUBPART J OF PART 7

71
EC22OC91.004</GPH>
Pt. 7, Subpt. J, App. I 30 CFR Ch. I (7115 Edition)
72
EC22OC91.005</GPH>
73
EC22OC91.006</GPH>
74
EC22OC91.007</GPH>
75
EC22OC91.008</GPH>
76
EC22OC91.009</GPH>
77
EC22OC91.010</GPH>
78
EC22OC91.011</GPH>
79
EC22OC91.012</GPH>
7.401 30 CFR Ch. I (7115 Edition)
Subpart KElectric Cables, Sig- Conductor. A bare or insulated wire

naling Cables, and Cable or combination of wires not insulated
from one another, suitable for carrying
Splice Kits an electric current.
Electric Cable. An assembly of one or
SOURCE: 57 FR 61220, Dec. 23, 1992, unless more insulated conductors of electric
otherwise noted.
current under a common or integral
7.401 Purpose and effective date. jacket. A cable may also contain one or
more uninsulated conductors.
This subpart establishes the flame- Jacket. A nonmetallic abrasion-resist-
resistant requirements for approval of ant outer covering of a cable or splice.
electric cables, signaling cables and Power Conductor. An insulated con-
cable splice kit designs. Applications ductor of a cable assembly through
for approval or extension of approval which the primary electric current or
submitted after February 22, 1994 shall power is transmitted.
meet the requirements of this subpart. Signaling Cable. A fiber optic cable, or
a cable containing electric conductors
7.402 Definitions. of a cross-sectional area less than #14
The following definitions apply in AWG used where the circuit cannot de-
this subpart. liver currents which would increase
Component. Any material in a cable conductor temperatures beyond that

splice kit which becomes part of a established for the current-carrying ca-
splice. pacity of the conductors.
80
EC22OC91.013</GPH>
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
describe any deviations from it, or pro- signaling cables.

vide complete final assembly dimen- (b) Specimen holder (support). A speci-
sions for all components for each cable men holder (support) consisting of
81
7.407 30 CFR Ch. I (7115 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-
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
82
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
(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
83
7.409 30 CFR Ch. I (7115 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.
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;
those which meet the requirements of (ii) Each components or parts in-
this subpart. mine shelf life, service life, and rec-
ommended replacement schedule;
84
(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
(10) The results of inspections, eval- handling.

uations, calculations, and tests con- (b) The apparent temperature in the
ducted under this subpart. structure shall be controlled as follows:
85
7.505 30 CFR Ch. I (7115 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
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.
86
(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-
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
87
7.507 30 CFR Ch. I (7115 Edition)
include maintenance instructions that 7.507 Air-monitoring components.

provide specifications for periodic re-
(a) Each refuge alternative shall have
placement or refurbishment.
an air-monitoring component that pro-
(iii) Provide positive pressure and an
vides persons inside with the ability to
automatic means to assure that the
determine the concentrations of carbon
pressure is relieved at 0.18 psi, or as
dioxide, carbon monoxide, oxygen, and
specified by the manufacturer, above
methane, inside and outside the struc-
mine atmospheric pressure in the ref-
ture, including the airlock.
uge alternative.
(iv) Include warnings to assure that (b) Refuge alternatives designed for
only uncontaminated breathable air is use in mines with a history of harmful
supplied to the refuge alternative. gases, other than carbon monoxide,
carbon dioxide, and methane, shall be
(v) Include air lines to supply breath-
equipped to measure the harmful gases
able air from the fan or compressor to
the refuge alternative. concentrations.
(A) Air lines shall be capable of pre- (c) The air-monitoring component
venting or removing water accumula- shall be inspected or tested and the
tion. test results shall be included in the ap-
plication.
(B) Air lines shall be designed and
protected to prevent damage during (d) The air-monitoring component
normal mining operations, a flash fire shall meet the following:
of 300 F for 3 seconds, a pressure wave (1) The total measurement error, in-
of 15 psi overpressure for 0.2 seconds, cluding the cross-sensitivity to other
and ground failure. gases, shall not exceed 10 percent of
(vi) Assure that harmful or explosive the reading, except as specified in the
gases, water, and other materials can- approval.
not enter the breathable air. (2) The measurement error limits
(2) Redundant fans or compressors shall not be exceeded after start-up,
and power sources shall be provided to after 8 hours of continuous operation,
permit prompt re-activation of equip- after 96 hours of storage, and after ex-
ment in the event of failure. posure to atmospheres with a carbon
(d) Compressed breathable oxygen monoxide concentration of 999 ppm
shall (full-scale), a carbon dioxide concentra-
(1) Include instructions for deploy- tion of 3 percent, and full-scale con-
ment and operation; centrations of other gases.
(2) Provide oxygen at a minimum (3) Calibration gas values shall be
flow rate of 1.32 cubic feet per hour per traceable to the National Institute for
person; Standards and Technology (NIST)
(3) Include a means to readily regu- Standard Reference Materials
late the pressure and volume of the (SRMs).
compressed oxygen; (4) The analytical accuracy of the
(4) Include an independent regulator calibration gas and span gas values
as a backup in case of failure; and shall be within 2.0 percent of NIST gas
(5) Be used only with regulators, pip- standards.
ing, and other equipment that is cer- (5) The detectors shall be capable of
tified and maintained to prevent igni- being kept fully charged and ready for
tion or combustion. immediate use.
(e) The applicant shall prepare and
submit an analysis or study dem- 7.508 Harmful gas removal compo-
nents.
onstrating that the breathable air com-
ponent will not cause an ignition. (a) Each refuge alternative shall in-
(1) The analysis or study shall spe- clude means for removing harmful
cifically address oxygen fire hazards gases.
and fire hazards from chemicals used (1) Purging or other effective proce-
for removal of carbon dioxide. dures shall be provided for the airlock
(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
88
or less as persons enter, within 20 min- centrations at the three sampling

utes of persons deploying the refuge al- points.
ternative. (2) For testing the components abil-
(2) Chemical scrubbing or other effec- ity to remove carbon monoxide, the
tive procedures shall be provided so structure shall be filled with a test gas
that the average carbon dioxide con- of either purified synthetic air or puri-
centration in the occupied structure fied nitrogen that contains 400 ppm
shall not exceed 1.0 percent over the carbon monoxide, 5 percent.
rated duration, and excursions shall (i) After a stable concentration of 400
not exceed 2.5 percent. ppm, 5 percent, carbon monoxide has
(i) Carbon dioxide removal compo- been obtained for 5 minutes at all three
nents shall be used with breathable air sampling points, a timer shall be start-
cylinders or oxygen cylinders. ed and the structure shall be purged or
(ii) Carbon dioxide removal compo- carbon monoxide otherwise removed.
nents shall remove carbon dioxide at a (ii) Carbon monoxide concentration
rate of 1.08 cubic feet per hour per per- readings from each of the three sam-
son. pling instruments shall be recorded
(3) Instructions shall be provided for every 2 minutes.
deployment and operation of the harm- (iii) The time shall be recorded from
ful gas removal component. the start of harmful gas removal until
(b) The harmful gas removal compo- the readings of the three sampling in-
nent shall meet the following require- struments all indicate a carbon mon-
ments: Each chemical used for removal oxide concentration of 25 ppm or less.
of harmful gas shall be (3) For testing the components abil-
ity to remove carbon dioxide, the car-
(1) Contained such that when stored
bon dioxide concentration shall not ex-
or used it cannot come in contact with
ceed 1.0 percent over the rated duration
persons, and it cannot release airborne
and excursions shall not exceed 2.5 per-
particles.
cent under the following conditions:
(2) Provided with all materials; parts, (i) At 55 F (4 F), 1 atmosphere (1
such as hangers, racks, and clips; percent), and 50 percent (5 percent)
equipment; and instructions necessary relative humidity.
for deployment and use. (ii) At 55 F (4 F), 1 atmosphere (1
(3) Stored in an approved container percent), and 100 percent (5 percent)
that is conspicuously marked with the relative humidity.
manufacturers instructions for dis- (iii) At 90 F (4 F), 1 atmosphere (1
posal of used chemical. percent), and 50 percent (5 percent)
(c) Each harmful gas removal compo- relative humidity.
nent shall be tested to determine its (iv) At 82 F (4 F), 1 atmosphere (1
ability to remove harmful gases. percent), and 100 percent (5 percent)
(1) The component shall be tested in relative humidity.
a refuge alternative structure that is (4) Testing shall demonstrate the
representative of the configuration and components continued ability to re-
maximum volume for which the com- move harmful gases effectively
ponent is designed. throughout its designated shelf-life,
(i) The test shall include three sam- specifically addressing the effects of
pling points located vertically along storage and transportation.
the centerlines of the length and width (d) Alternate performance tests may
of the structure and equally spaced be conducted if the tests provide the
over the horizontal centerline of the same level of assurance of the harmful
height of the structure. gas removal components capability as
(ii) The structure shall be sealed air- the tests specified in paragraph (c) of
tight. this section. Alternate tests shall be
(iii) The operating gas sampling in- specified in the approval application.
struments shall be placed inside the
structure and continuously exposed to 7.509 Approval markings.
the test atmosphere. (a) Each approved refuge alternative

(iv) Sampling instruments shall si- or component shall be identified by a
multaneously measure the gas con- legible, permanent approval marking
89
7.510 30 CFR Ch. I (7115 Edition)
that is securely and conspicuously at- Subpart AGeneral Provisions

tached to the component or its con-
tainer. 14.1 Purpose, effective date for ap-
(b) The approval marking shall be in- proval holders.
scribed with the components MSHA This Part establishes the flame re-
approval number and any additional sistance requirements for MSHA ap-
markings required by the approval. proval of conveyor belts for use in un-
(c) The refuge alternative structure derground coal mines. Applications for
shall provide a conspicuous means for approval or extensions of approval sub-
indicating an out-of-service status, in- mitted after December 31, 2008, must
cluding the reason it is out of service. meet the requirements of this part.
(d) The airlock shall be conspicu- 14.2 Definitions.
ously marked with the recommended
maximum number of persons that can The following definitions apply in
use it at one time. this part:
Applicant. An individual or organiza-
7.510 New technology. tion that manufactures or controls the
production of a conveyor belt and ap-
MSHA may approve a refuge alter- plies to MSHA for approval of conveyor
native or a component that incor- belt for use in underground coal mines.
porates new knowledge or technology, Approval. A document issued by
if the applicant demonstrates that the MSHA, which states that a conveyor
refuge alternative or component pro- belt has met the requirements of this
vides no less protection than those Part and which authorizes an approval
meeting the requirements of this sub- marking identifying the conveyor belt
part. as approved.
Extension of approval. A document
PART 14REQUIREMENTS FOR THE issued by MSHA, which states that a
APPROVAL OF FLAME-RESISTANT change to a product previously ap-
proved by MSHA meets the require-
CONVEYOR BELTS ments of this Part and which author-
izes the continued use of the approval
Subpart AGeneral Provisions marking after the appropriate exten-
Sec. sion number has been added.
14.1 Purpose, effective date for approval Flame-retardant ingredient. A material
holders. that inhibits ignition or flame propaga-
14.2 Definitions. tion.
14.3 Observers at tests and evaluations. Flammable ingredient. A material that
14.4 Application procedures and require- is capable of combustion.
ments. Inert ingredient. A material that does
14.5 Test samples. not contribute to combustion.
14.6 Issuance of approval. Post-approval product audit. An exam-
14.7 Approval marking and distribution ination, testing, or both, by MSHA of
records. an approved conveyor belt selected by
14.8 Quality assurance. MSHA to determine if it meets the
14.9 Disclosure of information. technical requirements and has been
14.10 Post-approval product audit. manufactured as approved.
14.11 Revocation. Similar conveyor belt. A conveyor belt
that shares the same cover compound,
Subpart BTechnical Requirements general carcass construction, and fab-
14.20 Flame resistance. ric type as another approved conveyor
14.21 Laboratory-scale flame test apparatus. belt.
14.22 Test for flame resistance of conveyor
14.3 Observers at tests and evalua-
belts.
tions.
Representatives of the applicant and
other persons agreed upon by MSHA

SOURCE: 73 FR 80609, Dec. 31, 2008, unless and the applicant may be present dur-
otherwise noted. ing tests and evaluations conducted
90
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.
(g) Fees. Fees calculated in accord-
(1) Formulation information on the

compounds in the conveyor belt indi- ance with part 5 of this chapter must
cated by either: be submitted in accordance with 5.40.
91
14.5 Test samples. tions. Instruments must be calibrated

Upon request by MSHA, the appli- using standards set by the National In-
cant must submit 3 precut, unrolled, stitute of Standards and Technology,
flat conveyor belt samples for flame U.S. Department of Commerce or other
testing. Each sample must be 60 14 nationally or internationally recog-
inches long (152.4 0.6 cm) by 9 18 nized standards. The instruments used
inches (22.9 0.3 cm) wide. must be accurate to at least one sig-
nificant figure beyond the desired ac-
14.6 Issuance of approval. curacy.
(c) Control production so that the
(a) MSHA will issue an approval or
conveyor belt is manufactured in ac-
notice of the reasons for denying ap-
cordance with the approval document.
proval after completing the evaluation
If a third party is assembling or manu-
and testing provided in this part.
facturing all or part of an approved
(b) An applicant must not advertise
or otherwise represent a conveyor belt belt, the approval holder shall assure
as approved until MSHA has issued an that the product is manufactured as
approval. approved.
(d) Immediately notify the MSHA
14.7 Approval marking and distribu- Approval and Certification Center of
tion records. any information that a conveyor belt
(a) An approved conveyor belt must has been distributed that does not
be marketed only under the name spec- meet the specifications of the approval.
ified in the approval. This notification must include a de-
(b) Approved conveyor belt must be scription of the nature and extent of
legibly and permanently marked with the problem, the locations where the
the assigned MSHA approval number conveyor belt has been distributed, and
for the service life of the product. The the approval holders plans for correc-
approval marking must be at least 12 tive action.
inch (1.27 cm) high, placed at intervals
14.9 Disclosure of information.
not to exceed 60 feet (18.3 m) and re-
peated at least once every foot (0.3 m) (a) All proprietary information con-
across the width of the belt. cerning product specifications and per-
(c) Where the construction of a conformance submitted to MSHA by the
veyor belt does not permit marking as applicant will be protected.
prescribed above, other permanent (b) MSHA will notify the applicant or
marking may be accepted by MSHA. approval holder of requests for disclo-
(d) Applicants granted approval must sure of information concerning its con-
maintain records of the initial sale of veyor belts, and provide an opportunity
each belt having an approval marking. to present its position prior to any de-
The records must be retained for at cision on disclosure.
least 5 years following the initial sale.
14.10 Post-approval product audit.
14.8 Quality assurance. (a) Approved conveyor belts will be
Applicants granted an approval or an subject to periodic audits by MSHA to
extension of approval under this Part determine conformity with the tech-
must: nical requirements upon which the ap-
(a) In order to assure that the fin- proval was based. MSHA will select an
ished conveyor belt will meet the approved conveyor belt to be audited;
flame-resistance test the selected belt will be representative
(1) Flame test a sample of each of that distributed for use in mines.
batch, lot, or slab of conveyor belts; or Upon request to MSHA, the approval
(2) Flame test or inspect a sample of holder may obtain any final report re-
each batch or lot of the materials that sulting from the audit.
contribute to the flame-resistance (b) No more than once a year, except
characteristic. for cause, the approval holder, at
(b) Calibrate instruments used for MSHAs request, must make 3 samples
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
92
available because it is not currently in 14.21 Laboratory-scale flame test ap-

production, the manufacturer will no- paratus.
tify MSHA when it is available. Rep- The principal parts of the apparatus
resentatives of the applicant and other used to test for flame resistance of con-
persons agreed upon by MSHA and the veyor belts are as follows
applicant may be present during audit (a) A horizontal test chamber 66
tests and evaluations. MSHA will also inches (167.6 cm) long by 18 inches (45.7
consider requests by others to observe cm) square (inside dimensions) con-
tests. structed from 1 inch (2.5 cm) thick
(c) A conveyor belt will be subject to Marinite I , or equivalent insulating
audit for cause at any time MSHA be- material.
lieves the approval holder product is (b) A 16-gauge (0.16 cm) stainless
not in compliance with the technical steel duct section which tapers over a
requirements of the approval. length of at least 24 inches (61 cm) from
a 20 inch (51 cm) square cross-sectional
14.11 Revocation. area at the test chamber connection to
(a) MSHA may revoke for cause an a 12 inch (30.5 cm) diameter exhaust
approval issued under this Part if the duct, or equivalent. The interior sur-
conveyor belt face of the tapered duct section must
(1) Fails to meet the technical re- be lined with 12 inch (1.27 cm) thick ce-
quirements; or ramic blanket insulation, or equivalent
insulating material. The tapered duct
(2) Creates a danger or hazard when
must be tightly connected to the test
used in a mine.
chamber.
(b) Prior to revoking an approval, the
(c) A U-shaped gas-fueled impinged
approval holder will be informed in jet burner ignition source, measuring
writing of MSHAs intention to revoke. 12 inches (30.5 cm) long and 4 inches
The notice will (10.2 cm) wide, with two parallel rows
(1) Explain the reasons for the proof 6 jets each. Each jet is spaced alter-
posed revocation; and nately along the U-shaped burner tube.
(2) Provide the approval holder an op- The 2 rows of jets are slanted so that
portunity to demonstrate or achieve they point toward each other and the
compliance with the product approval flame from each jet impinges upon
requirements. each other in pairs. The burner fuel
(c) Upon request to MSHA, the ap- must be at least 98 percent methane
proval holder will be given the oppor- (technical grade) or natural gas con-
tunity for a hearing. taining at least 96 percent combustible
(d) If a conveyor belt poses an immi- gases, which includes not less than 93
nent danger to the safety or health of percent methane.
miners, an approval may be imme- (d) A removable steel rack, con-
diately suspended without written no- sisting of 2 parallel rails and supports
tice of the Agencys intention to re- that form a 7 18 inches (17.8 0.3 cm)
voke. wide by 60 18 inches (152.4 0.3 cm)
long assembly to hold a belt sample.
(1) The 2 parallel rails, with a 5 18
Subpart BTechnical inches (12.7 0.3 cm) space between
Requirements them, comprise the top of the rack.
The rails and supports must be con-
14.20 Flame resistance.
structed of slotted angle iron with
Conveyor belts for use in under- holes along the top surface.
ground coal mines must be flame-re- (2) The top surface of the rack must
sistant and: be 8 18 inches (20.3 0.3 cm) from the
(a) Tested in accordance with 14.22 inside roof of the test chamber.
of this part; or
(b) Tested in accordance with an al- 14.22 Test for flame resistance of
conveyor belts.
ternate test determined by MSHA to be

equivalent under 30 CFR 6.20 and (a) Test procedures. The test must be
14.4(e). conducted in the following sequence
93
14.23 30 CFR Ch. I (7115 Edition)
using a flame test apparatus meeting less than 50 Fahrenheit (10

the specifications of 14.21: Centigrade);
(1) Lay three samples of the belt, 60 (7) Center the burner in front of the
14 inches (152.4 0.6 cm) long by 9 18 samples leading edge with the plane,
inches (22.9 0.3 cm) wide, flat at a tem- defined by the tips of the burner jets, 34
perature of 70 10 Fahrenheit (21 5 18 inch (1.9 0.3 cm) from the front
Centigrade) for at least 24 hours prior edge of the belt;
to the test; (8) With the burner lowered away
(2) For each of three tests, place one from the sample, set the gas flow at 1.2
belt sample with the load-carrying sur- 0.1 standard cubic feet per minute
face facing up on the rails of the rack (SCFM) (34 2.8 liters per minute) and
so that the sample extends 1 18 inch then ignite the gas burner. Maintain
(2.5 0.3 cm) beyond the front of the the gas flow to the burner throughout
rails and 1 18 inch (2.5 0.3 cm) from the 5 to 5.1 minute ignition period;
the outer lengthwise edge of each rail; (9) After applying the burner flame to
(3) Fasten the sample to the rails of the front edge of the sample for a 5 to
the rack with steel washers and cotter 5.1 minute ignition period, lower the
pins. The cotter pins shall extend at burner away from the sample and ex-
least 34 inch (1.9 cm) below the rails. tinguish the burner flame;
Equivalent fasteners may be used. (10) After completion of each test, de-
Make a series of 5 holes approximately termine the undamaged portion across
932 inch (0.7 cm) in diameter along both
the entire width of the sample. Blis-
edges of the belt sample, starting at tering without charring does not con-
the first rail hole within 2 inches (5.1 stitute damage.
cm) from the front edge of the sample. (b) Acceptable performance. Each test-
Make the next hole 5 14 inches (12.7 ed sample must exhibit an undamaged
0.6 cm) from the first, the third hole 5 portion across its entire width.
14 inches (12.7 0.6 cm) from the sec- (c) MSHA may modify the procedures
ond, the fourth hole approximately of the flammability test for belts con-
midway along the length of the sample, structed of thicknesses more than 34
and the fifth hole near the end of the inch (1.9 cm).
sample. After placing a washer over
each sample hole, insert a cotter pin 14.23 New technology.
through the hole and spread it apart to MSHA may approve a conveyor belt
secure the sample to the rail; that incorporates technology for which
(4) Center the rack and sample in the the requirements of this part are not
test chamber with the front end of the applicable if the Agency determines
sample 6 12 inches (15.2 1.27 cm) from that the conveyor belt is as safe as
the entrance; those which meet the requirements of
(5) Measure the airflow with a 4-inch this part.
(10.2 cm) diameter vane anemometer,
or an equivalent device, placed on the PART 15REQUIREMENTS FOR AP-
centerline of the belt sample 12 12
inches (30.5 1.27 cm) from the chamber
PROVAL OF EXPLOSIVES AND
entrance. Adjust the airflow passing SHEATHED EXPLOSIVE UNITS
through the chamber to 200 20 ft/min
(61 6 m/min); Subpart AGeneral Provisions
(6) Before starting the test on each Sec.
sample, the inner surface temperature 15.1 Purpose and effective dates.
of the chamber roof measured at points 15.2 Definitions.
6 12, 30 12, and 60 12 inches (15.2 1.27, 15.3 Observers at tests and evaluation.
76.2 1.27, and 152.4 1.27 cm) from the 15.4 Application procedures and require-
front entrance of the chamber must ments.
not exceed 95 Fahrenheit (35 15.5 Test samples.
15.6 Issuance of approval.
Centigrade) at any of these points 15.7 Approval marking.
with the specified airflow passing 15.8 Quality assurance.
through the chamber. The temperature 15.9 Disclosure of information.

of the air entering the chamber during 15.10 Post-approval product audit.
the test on each sample must not be 15.11 Revocation.
94
Subpart BRequirements for Approval of Approval. A document issued by

Explosives MSHA which states that an explosive
or explosive unit has met the require-
15.21 Tolerances for ingredients.
ments of this part and which author-
15.22 Tolerances for performance, wrapper, izes an approval marking identifying
and specific gravity. the explosive or explosive unit as ap-
proved as permissible.
Subpart CRequirements for Approval of Explosive. A substance, compound, or
Sheathed Explosive Units or Other Ex- mixture, the primary purpose of which
plosive Units Designed to be Fired Out- is to function by explosion.
side the Confines of a Borehole Extension of approval. A document
15.30 Technical requirements. issued by MSHA which states that the
15.31 Tolerances for ingredients. change to an explosive or explosive
15.32 Tolerances for weight of explosive, unit previously approved by MSHA
sheath, wrapper, and specific gravity. under this part meets the requirements
AUTHORITY: 30 U.S.C. 957. of this part and which authorizes the
continued use of the approval marking
SOURCE: 53 FR 46761, Nov. 18, 1988, unless
otherwise noted.
after the appropriate extension number
has been added.
Minimum product firing temperature.
Subpart AGeneral Provisions The lowest product temperature at
15.1 Purpose and effective dates. which the explosive or explosive unit is
approved for use under this part.
This part sets forth the requirements
Post-approval product audit. Examina-
for approval of explosives and sheathed
explosive units to be used in under- tion, testing, or both, by MSHA of ap-
ground coal mines and certain under- proved explosives or explosive units se-
ground metal and nonmetal gassy lected by MSHA to determine whether
mines and is effective January 17, 1989. they meet the technical requirements
Those manufacturers proceeding under and have been manufactured as ap-
the provisions of the previous regula- proved.
tion may file requests for approval or Sheath. A chemical compound or mix-
extension of approval of explosives ture incorporated in a sheathed explo-
under that regulation until January 17, sive unit and which forms a flame in-
1990. After January 17, 1990, all requests hibiting cloud on detonation of the ex-
for approval or extension of approval of plosive.
explosives or sheathed explosive units Sheathed explosive unit. A device con-
shall be made in accordance with Sub- sisting of an approved or permissible
part A and the applicable subpart of explosive covered by a sheath encased
this part. Explosives issued an approval in a sealed covering and designed to be
under regulations in place prior to Jan- fired outside the confines of a borehole.
uary 17, 1989, and in compliance with Test detonator. An instantaneous det-
those regulations, may continue to be onator that has a strength equivalent
manufactured and marked as approved to that of a detonator with a base
as long as no change to the explosive is charge of 0.400.45 grams PETN.
made.
[FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5,
[FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5, 1989]
1989]
15.3 Observers at tests and evalua-
15.2 Definitions. tion.
The following definitions apply in Only personnel of MSHA, designees of
this part. MSHA, representatives of the appli-
Applicant. An individual or organiza- cant, and such other persons as agreed
tion that manufactures or controls the upon by MSHA and the applicant shall
production of an explosive or an explo-
be present during tests and evaluations
sive unit and that applies to MSHA for

conducted under this part.
approval of that explosive or explosive
unit. [70 FR 46342, Aug. 9, 2005]
95
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.
number of the applicants representa-

tive responsible for answering any (a) Submission of test samples. (1) The
questions regarding the application. applicant shall not submit explosives
96
or sheathed explosive units to be tested 15.6 Issuance of approval.

until requested to do so by MSHA. (a) MSHA will issue an approval or a
(2) The applicant shall submit 70 notice of the reasons for denying ap-
pounds of 114-inch diameter explosives proval after completing the evaluation
and additional cartridges in the and testing provided for by this part.
amount of 3200 divided by the length in (b) An applicant shall not advertise
inches, except for cartridges 12, 20 and or otherwise represent an explosive or
greater than 36 inches long. The appli- sheathed explosive unit as approved
cant shall submit 70 pounds and addi- until MSHA has issued an approval.
tional cartridges in the amount of 3800
divided by the length in inches for car- 15.7 Approval marking.
tridges 12, 20 and greater than 36 inches
(a) An approved explosive or sheathed
long.
explosive unit shall be marketed only
(3) If approval is requested for car-
under the brand or trade name speci-
tridges in diameters less than 1-14
fied in the approval.
inches, the applicant shall submit a (b) The wrapper of each cartridge and
number of cartridges equal to 1800 di- each case of approved explosives shall
vided by the length in inches, except be legibly labeled with the following:
for cartridges 12, 20 and greater than 36 the brand or trade name, MSHA Ap-
inches long. The applicant shall submit proved Explosive, the test detonator
cartridges in the amount of 2200 di- strength, and the minimum product
vided by the length in inches for car- firing temperature.
tridges 12, 20 and greater than 36 inches (c) The outer covering of each
long. sheathed explosive unit and each case
(4) If approval is requested for car- of approved sheathed explosive units
tridges in diameters larger than 1-14 shall be legibly labeled with the fol-
inches, the applicant shall submit an lowing: the brand or trade name,
additional 10 cartridges of each larger MSHA Approved Sheathed Explosive
diameter. Unit, the test detonator strength, and
(5) If approval is requested for car- the minimum product firing tempera-
tridges in more than one length, the ture.
applicant shall submit an additional 10
cartridges for each additional length [FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5,
and diameter combination. 1989; 54 FR 27641, June 30, 1989; 60 FR 33723,
June 29, 1995]
(6) Each applicant seeking approval
of sheathed explosive units shall sub- 15.8 Quality assurance.
mit 140 units.
(b) Condition and composition. Explo- (a) Applicants granted an approval or
sives and sheathed explosive units will an extension of approval under this
not be tested that part shall manufacture the explosive or
(1) Contain chlorites, chlorates, or sheathed explosive unit as approved.
substances that will react over an ex- (b) Applicants shall immediately re-
tended time and cause degradation of port to the MSHA Approval and Cer-
the explosive or sheathed explosive tification Center, any knowledge of ex-
unit; plosives or sheathed explosive units
(2) Are chemically unstable; that have been distributed that do not
(3) Show leakage; meet the specifications of the approval.
(4) Use aluminum clips to seal the [53 FR 46761, Nov. 18, 1988, as amended at 60
cartridge; FR 33723, June 29, 1995]
(5) Contain any combination of per-
chlorate and aluminum; 15.9 Disclosure of information.
(6) Contain more than 5 percent per- (a) All information concerning prod-
chlorate; or uct specifications and performance
(7) Contain any perchlorate and less submitted to MSHA by the applicant
than 5 percent water. shall be considered proprietary infor-
(c) Storage. Explosives and sheathed mation.
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
97
15.10 30 CFR Ch. I (7115 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
and 86 F and at the minimum product
(c) Upon request, the approval-holder

shall be afforded an opportunity for a firing temperature proposed by the ap-
hearing. plicant, or 41 F, whichever is lower.
98
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.
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
99
15.21 30 CFR Ch. I (7115 Edition)
failed to detonate in the rate-of-deto- than 112 pounds of an approved or per-

nation test. missible explosive.
(i) New technology. MSHA may ap- (b) Chemical composition. The chem-
prove an explosive that incorporates ical composition of the sheath shall be
technology for which the requirements within the tolerances furnished by the
of this subpart are not applicable if applicant.
MSHA determines that the explosive is (c) Detonator well. The sheathed ex-
as safe as those which meet the re- plosive unit shall have a detonator well
quirements of this subpart. that
(1) Is protected by a sealed covering;
15.21 Tolerances for ingredients.
(2) Permits an instantaneous deto-
Tolerances for each ingredient in an nator to be inserted in the unit with
explosive, which are expressed as a per- the detonator completely embedded in
centage of the total explosive, shall not the well;
exceed the following: (3) Is provided with a means of secur-
(a) Physical sensitizers: The toler- ing the detonator in the well; and
ances established by the applicant;
(4) Is clearly marked.
(b) Aluminum: 0.7 percent;
(c) Carbonaceous materials: 3 per- (d) Drop test. The outer covering of
cent; and the sheathed explosive unit shall not
(d) Moisture and ingredients other tear or rupture and the internal com-
than specified in paragraphs (a), (b), ponents shall not shift position or be
and (c) of this section: The tolerances damaged in the drop test.
specified in Table II. (1) The drop test is conducted on at
least 10 sheathed explosive units. Each
TABLE IITOLERANCES FOR MOISTURE AND unit is dropped on its top, bottom, and
OTHER INGREDIENTS edge from a height of 6 feet onto a con-
crete surface. For units with explosives
Quantity of ingredients (as percent of total ex- Tolerance
plosive or sheath) percent approved with a minimum product fir-
ing temperature, the drop test is per-
0 to 5.0 .............................................................. 1.2 formed with the unit at the minimum
5.1 to 10.0 ......................................................... 1.5
10.1 to 20.0 ....................................................... 1.7 product firing temperature established
20.1 to 30.0 ....................................................... 2.0 for the explosive in the unit. For units
30.1 to 40.0 ....................................................... 2.3 with explosives approved under regula-
40.1 to 50.0 ....................................................... 2.5
50.1 to 55.0 ....................................................... 2.8 tions in effect prior to January 17, 1989,
55.1 to 100.0 ..................................................... 3.0 the drop test is performed with the
unit at 41 F.
15.22 Tolerances for performance, (2) At least four units which have
wrapper, and specific gravity. been drop-tested shall be cut-open and
examined.
(a) The rate of detonation of the ex-
plosive shall be within 15 percent of (3) At least six units which have been
that specified in the approval. drop-tested shall be subjected to gal-
(b) The weight of wrapper per 100 lery tests 9 and 10 as provided in para-
grams of explosive shall be within 2 graphs (e)(1) and (e)(2) of this section.
grams of that specified in the approval. (e) Gallery tests. No sheathed explo-
(c) The apparent specific gravity of sive unit shall cause an ignition in gal-
the explosive shall be within 7.5 per- lery tests 9, 10, 11, or 12. Ten trials in
cent of that specified in the approval. each gallery test shall be conducted
and each sheathed explosive unit shall
propagate completely in all tests.
Subpart CRequirements for Ap-
(1) Gallery test 9 is conducted in each
proval of Sheathed Explosive trial with three sheathed explosive
Units or Other Explosive Units units placed in a row 2 feet apart. One
Designed to be Fired Outside of the trials is conducted with sheathed
the Confines of a Borehole explosive units which have been sub-
jected to the drop test as provided in
paragraph (d)(3) of this section. The

(a) Quantity of explosive. The sheathed units are placed on a concrete slab,
explosive unit shall contain not more primed with test detonators and fired
100
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-
under regulations in effect prior to cation.

January 17, 1989. The units are initi- 18.16 Withdrawal of approval, certification,
ated with test detonators. or acceptance.
101
Subpart BConstruction and Design 18.69 Adequacy tests.

Requirements
Subpart DMachines Assembled With
18.20 Quality of material, workmanship, and Certified or Explosion-Proof Compo-
design. nents, Field Modifications of Approved
18.21 Machines equipped with powered dust Machines, and Permits To Use Experi-
collectors. mental Equipment
18.22 Boring-type machines equipped for
auxiliary face ventilation. 18.80 Approval of machines assembled with
18.23 Limitation of external surface tem- certified or explosion-proof components.
peratures. 18.81 Field modification of approved (per-
missible) equipment; application for ap-
18.24 Electrical clearances.
proval of modification; approval of plans
18.25 Combustible gases from insulating ma- for modification before modification.
terial. 18.82 Permit to use experimental electric
18.26 Static electricity. face equipment in a gassy mine or tun-
18.27 Gaskets. nel.
18.28 Devices for pressure relief, ventilation, APPENDIX I TO SUBPART D J OF PART 18LIST
or drainage. OF TABLES
18.29 Access openings and covers, including APPENDIX II TO SUBPART D J OF PART 18
unused lead-entrance holes. LIST OF FIGURES
18.30 Windows and lenses.
18.31 Enclosuresjoints and fastenings. Subpart EField Approval of Electrically
18.32 Fasteningsadditional requirements. Operated Mining Equipment
18.33 Finish of surface joints.
18.90 Purpose.
18.34 Motors. 18.91 Electric equipment for which field ap-
18.35 Portable (trailing) cables and cords. provals will be issued.
18.36 Cables between machine components. 18.92 Quality of material and design.
18.37 Lead entrances. 18.93 Application for field approval; filing
18.38 Leads through common walls. procedures.
18.39 Hose conduit. 18.94 Application for field approval; con-
18.40 Cable clamps and grips. tents of application.
18.41 Plug and receptacle-type connectors. 18.95 Approval of machines constructed of
18.42 Explosion-proof distribution boxes. components approved, accepted or cer-
tified under Bureau of Mines Schedule
18.43 Explosion-proof splice boxes.
2D, 2E, 2F, or 2G.
18.44 Non-intrinsically safe battery-powered 18.96 Preparation of machines for inspec-
equipment. tion; requirements.
18.45 Cable reels. 18.97 Inspection of machines; minimum re-
18.46 Headlights. quirements.
18.47 Voltage limitation. 18.98 Enclosures, joints, and fastenings;
18.48 Circuit-interrupting devices. pressure testing.
18.49 Connection boxes on machines. 18.99 Notice of approval or disapproval; let-
18.50 Protection against external arcs and ters of approval and approval plates.
sparks. AUTHORITY: 30 U.S.C. 957, 961.
18.51 Electrical protection of circuits and
SOURCE: 33 FR 4660, Mar. 19, 1968, unless
equipment.
otherwise noted.
18.52 Renewal of fuses.
18.53 High-voltage longwall mining systems.
18.54 High-voltage continuous mining ma- Subpart AGeneral Provisions
chines.
18.1 Purpose.
Subpart CInspections and Tests The regulations in this part set forth
the requirements to obtain MSHA: Ap-
18.60 Detailed inspection of components. proval of electrically operated ma-
18.61 Final inspection of complete machine. chines and accessories intended for use
18.62 Tests to determine explosion-proof in gassy mines or tunnels, certification
characteristics.
of components intended for use on or
18.63 [Reserved]
with approved machines, permission to
18.65 Flame test of hose.
modify the design of an approved ma-
18.66 Tests of windows and lenses.
chine or certified component, accept-

18.67 Static-pressure tests.
18.68 Tests for intrinsic safety.
ance of flame-resistant hoses, sanction
for use of experimental machines and
102
accessories in gassy mines or tunnels; Certification means a formal written

also, procedures for applying for such notification, issued by MSHA, which
approval, certification, acceptance for states that an electrical component
listing. complies with the applicable require-
[43 FR 12313, Mar. 24, 1978, as amended at 52 ments of this part and, therefore, is
FR 17514, May 8, 1987; 57 FR 61223, Dec. 23, suitable for incorporation in approved
1992; 73 FR 80611, Dec. 31, 2008] (permissible) equipment.
Certification label means a plate,
18.2 Definitions. label, or marking, the design of which
As used in this part meets MSHAs requirements, for at-
Acceptance means written notifica- tachment to a certified component
tion by MSHA that a hose has met the identifying the component as having
applicable requirements of this part met the MSHAs requirements for in-
and will be listed by MSHA as accept- corporation in a machine to be sub-
able flame-resistant auxiliary equip- mitted for approval.
ment. Component means an integral part of
Acceptance marking means an identi- an electrical machine or accessory that
fying marking indicating that the hose is essential to the functioning of the
has been accepted by MSHA for listing machine or accessory.
as flame resistant. Connection box (also known as con-
Accessory means associated electrical duit or terminal box) means an enclo-
equipment, such as a distribution or sure mounted on an electrical machine
splice box, that is not an integral part or accessory to facilitate wiring, with-
of an approved (permissible) machine. out the use of external splices. (Such
Afterburning means the combustion of boxes may have a joint common with
a flammable mixture that is drawn an explosion-proof enclosure provided
into a machine compartment after an the adjoining surfaces conform to the
internal explosion in the compartment. requirements of subpart B of this part.)
Applicant means an individual, part- Cylindrical joint means a joint com-
nership, company, corporation, organi- prised of two contiguous, concentric,
zation, or association that designs, cylindrical surfaces.
manufactures, assembles, or controls
Distribution box means an enclosure
the assembly of an electrical machine
through which one or more portable ca-
or accessory and seeks approval, cer-
tification, or permit, or MSHA accept- bles may be connected to a source of
ance for listing of flame-resistant hose. electrical energy, and which contains a
Approval means a formal document short-circuit protective device for each
issued by MSHA which states that a outgoing cable.
completely assembled electrical ma- Experimental equipment means any
chine or accessory has met the applica- electrical machine or accessory that an
ble requirements of this part and which applicant or MSHA may desire to oper-
authorizes the attachment of an ap- ate experimentally for a limited time
proval plate so indicating. in a gassy mine or tunnel. (For exam-
Approval plate means a metal plate, ple, this might include a machine con-
the design of which meets MSHAs re- structed at a mine, an imported ma-
quirements, for attachment to an ap- chine, or a machine or device designed
proved machine or accessory, identi- and developed by MSHA.)
fying it as permissible for use in gassy Explosion-proof enclosure means an en-
mines or tunnels. closure that complies with the applica-
Assistant Secretary means the Assist- ble design requirements in subpart B of
ant Secretary of Labor for Mine Safety this part and is so constructed that it
and Health. will withstand internal explosions of
Branch circuit means an electrical methane-air mixtures: (1) Without
circuit connected to the main circuit, damage to or excessive distortion of its
the conductors of which are of smaller walls or cover(s), and (2) without igni-
size than the main circuit. tion of surrounding methane-air mix-

Bureau means the U.S. Bureau of tures or discharge of flame from inside
Mines. to outside the enclosure.
103
Flame-arresting path means two or thorizing the operation of specific ex-

more adjoining or adjacent surfaces be- perimental equipment in a gassy mine
tween which the escape of flame is pre- or tunnel under prescribed conditions.
vented. Plane joint means two adjoining sur-
Flame resistant as applied to cable, faces in parallel planes.
hose, and insultating materials means Portable cable, or trailing cable means
material that will burn when held in a a flame-resistant, flexible cable or cord
flame but will cease burning when the through which electrical energy is
flame is removed. transmitted to a permissible machine
Flammable mixture means a mixture of
or accessory. (A portable cable is that
methane or natural gas and air that
portion of the power-supply system be-
when ignited will propagate flame.
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.
thermal energy to ignite a flammable Potted component means a component
mixture of the most easily ignitable that is entirely embedded in a solidi-
composition. fied insulating material within an en-
Intrinsically safe means incapable of closure.
releasing enough electrical or thermal Pressure piling means the develop-
energy under normal or abnormal con- ment of abnormal pressure as a result
ditions to cause ignition of a flam- of accelerated rate of burning of a gas-
mable mixture of methane or natural air mixture. (Frequently caused by re-
gas and air of the most easily ignitable stricted configurations within enclo-
composition.
sures.)
MESA means the United States De-
partment of the Interior, Mining En- Qualified representative means a per-
forcement and Safety Administration. son authorized by MSHA to determine
Predecessor organization to MSHA, whether the applicable requirements of
prior to March 9, 1978. this part have been complied with in
Mobile equipment means equipment the original manufacture, rebuilding,
that is self-propelled. or repairing of equipment for which ap-
MSHA means the United States De- proval, certification, or a permit is
partment of Labor, Mine Safety and sought.
Health Administration. Splice box means a portable enclosure
Normal operation means the regular in which electrical conductors may be
performance of those functions for joined.
which a machine or accessory was de- Step (rabbet) joint means a joint com-
signed. prised of two adjoining surfaces with a
Permissible equipment means a com- change(s) in direction between its inner
pletely assembled electrical machine and outer edges. (A step joint may be
or accessory for which a formal ap- composed of a cylindrical portion and a
proval has been issued, as authorized plane portion or of two or more plane
by the Administrator, Mining Enforce- portions.)
ment and Safety Administration under
Threaded joint means a joint con-
the Federal Coal Mine Health and Safe-
sisting of a male- and a female-thread-
ty Act of 1969 (Pub. L. 91173, 30 U.S.C.
801 or, after March 9, 1978, by the As- ed member, both of which are of the
sistant Secretary under the Federal same type and gage.
Mine Safety and Health Act of 1977 [33 FR 4660, Mar. 19, 1968, as amended at 39
(Pub. L. 91173, as amended by Pub. L. FR 23999, June 28, 1974; 43 FR 12314, Mar. 24,
95164, 30 U.S.C. 801). 1978; 57 FR 61223, Dec. 23, 1992; 73 FR 80611,

Permit means a formal document, Dec. 31, 2008]
signed by the Assistant Secretary, au-
104
18.3 Consultation. (i) Written evidence of the labora-

torys independence and current rec-
By appointment, applicants or their
ognition by a laboratory accrediting
representatives may visit the U.S. De-
organization;
partment of Labor, Mine Safety and
Health Administration, Approval and (ii) Complete technical explanation
Certification Center, 765 Technology of how the product complies with each
Drive, Triadelphia, WV 26059, to discuss requirement in the applicable MSHA
a proposed design to be submitted for product approval requirements;
approval, certification, or acceptance (iii) Identification of components or
for listing. No charge is made for such features of the product that are critical
consultation and no written report to the safety of the product; and
thereof will be made to the applicant. (iv) All documentation, including
drawings and specifications, as sub-
[33 FR 4660, Mar. 19, 1968, as amended at 43 mitted to the independent laboratory
FR 12314, Mar. 24, 1978; 73 FR 52211, Sept. 9,
2008]
by the applicant and as required by
this part.
18.4 Electrical equipment for which (3) An applicant may request testing
approval is issued. and evaluation to non-MSHA product
safety standards which have been de-
An approval will be issued only for a
termined by MSHA to be equivalent,
complete electrical machine or acces-
under 6.20 of this chapter, to MSHAs
sory. Only components meeting the re-
quirements of subpart B of this part or product approval requirements under
those approved under part 7 of this this part. A listing of all equivalency
chapter, unless they contain intrinsi- determinations will be published in 30
cally safe circuits, shall be included in CFR part 6 and the applicable approval
the assemblies. parts. The listing will state whether
MSHA accepts the non-MSHA product
[57 FR 61209, Dec. 23, 1992] safety standards in their original form,
or whether MSHA will require modi-
18.5 Equipment for which certifi- fications to demonstrate equivalency.
cation will be issued. If modifications are required, they will
Certification will be issued for a com- be provided in the listing. MSHA will
ponent or subassembly suitable to in- notify the public of each equivalency
corporate in an approved machine. Cer- determination and will publish a sum-
tification may be issued for such com- mary of the basis for its determination.
ponents as explosion-proof enclosures, MSHA will provide equivalency deter-
battery trays, and connectors. mination reports to the public upon re-
quest to the Approval and Certification
18.6 Applications. Center. MSHA has made the following
(a)(1) Investigation leading to ap- equivalency determinations applicable
proval, certification, extension thereof, to this part 18.
or acceptance of hose will be under- (i) MSHA will accept applications for
taken by MSHA only pursuant to a explosion-proof enclosures under part
written application. The application 18 designed and tested to the Inter-
shall be accompanied by all necessary national Electrotechnical Commis-
drawings, specifications, descriptions, sions (IEC) standards for Electrical
and related materials, as set out in this Apparatus for Explosive Gas
part. Fees calculated in accordance Atmospheres, Part 0, General Require-
with part 5 of this title shall be sub- ments (IEC 600790, Fourth Edition,
mitted in accordance with 5.40. 200401); and Part 1, Electrical Appa-
(2) Where the applicant for approval ratus for Explosive Gas Atmospheres,
has used an independent testing labora- Flameproof Enclosures d (IEC 60079
tory under part 6 of this chapter to per- 1, Fifth Edition, 200311) (which are
form, in whole or in part, the necessary hereby incorporated by reference and
testing and evaluation for approval made a part hereof) provided the modi-
under this part, the applicant must fications to the IEC standards specified
provide to MSHA as part of the ap- in 18.6(a)(3)(i)(A) through (I) are met.
proval application: The Director of the Federal Register
105
approves this incorporation by ref- plosion testing the enclosure at a min-

erence in accordance with 5 U.S.C. imum of 150 psig.
552(a) and 1 CFR part 51. The IEC (C) Enclosures shall be designed to
standards may be inspected at the U.S. withstand a minimum pressure of at
Department of Labor, Mine Safety and least 150 psig without leakage through
Health Administration, Electrical any welds or castings, rupture of any
Safety Division, Approval and Certifi- part that affects explosion-proof integ-
cation Center, 765 Technology Drive, rity, clearances exceeding those per-
Triadelphia, WV 26059, or at the Na- mitted under existing requirements
tional Archives and Records Adminis- along flame-arresting paths, or perma-
tration (NARA). For information on nent distortion exceeding 0.040-inch per
the availability of this material at linear foot.
NARA, call 2027416030, or go to: http:// (D) Flamepath clearances, including
www.archives.gov/federallregister/ clearances between fasteners and the
codeloflfederallregulations/ holes through which they pass, shall
ibrllocations.html. These IEC standards not exceed those specified in existing
may be obtained from International requirements. No intentional gaps in
Electrical Commission, Central Office flamepaths are permitted.
3, rue de Varembe, P.O. Box 131, CH (E) The minimum lengths of the
1211 GENEVA 20, Switzerland. flame arresting paths, based on enclo-
(A) Enclosures shall be made of metal sure volume, shall conform to those
and not have a compartment exceeding specified in existing requirements to
ten (10) feet in length. Glass or the nearest metric equivalent value
polycarbonate materials shall be the (e.g., 12.5 mm, 19 mm, and 25 mm are
only materials utilized in the construc- considered equivalent to 12 inch, 34
tion of windows and lenses. External inch and 1 inch respectively for plane
surfaces of enclosures shall not exceed and cylindrical joints). The widths of
150 C (302 F) and internal surface tem- any grooves for o-rings shall be de-
peratures of enclosures with ducted in measuring the widths of
polycarbonate windows and lenses shall flame-arresting paths.
not exceed 115 C (240 F), in normal op- (F) Gaskets shall not be used to form
eration. Other non-metallic materials any part of a flame-arresting path. If o-
for enclosures or parts of enclosures rings are installed within a flamepath,
will be evaluated, on a case-by-case the location of the o-rings shall meet
basis, under the new technology provi- existing requirements.
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
106
enclosure when one or more of the in- and the identity of each component
sulating barriers, sectionalizing termi- part which may be listed thereon or
nals, or other isolating parts are se- separately, as in a bill of material (see
quentially removed from the common Figure 2 in Appendix II). MSHA may
wall between the enclosures. Enclo- accept photographs (minimum size 8
sures that exhibit pressures during 1012) in lieu of assembly drawing(s).
these tests that exceed those specified Purchased parts shall be identified by
in existing requirements must be pro- the manufacturers name, catalog num-
vided with a warning tag. The durable ber(s), and rating(s). In the case of
warning tag must indicate that the in- standard hardware and miscellaneous
sulating barriers, sectionalizing termi- parts, such as insulating pieces, size
nals, or other isolating parts be main- and kind of material shall be specified.
tained in order to insure the explosion- All drawings of component parts sub-
proof integrity for either enclosure mitted to MSHA shall be identical to
sharing a common wall. A warning tag those used in the manufacture of the
is not required if the enclosures with- parts. Dimensions of parts designed to
stand a static pressure of twice the prevent the passage of flame shall
maximum value observed in the explo- specify allowable tolerances. A nota-
sion tests. tion Do Not Drill Through or equiva-
(ii) [Reserved] lent should appear on drawings with
(4) The application, all related docu- the specifications for all blind holes.
ments, and all correspondence con- (f) MSHA reserves the right to re-
cerning it shall be addressed to the quire the applicant to furnish supple-
U.S. Department of Labor, Mine Safety mentary drawings showing sections
and Health Administration, Approval through complex flame-arresting
and Certification Center, 765 Tech- paths, such as labyrinths used in con-
nology Drive, Triadelphia, WV 26059. junction with ball or roller bearings,
(b)(c) [Reserved] and also drawings containing dimen-
(d) Applications for acceptance of sions not indicated on other drawings
hose as flame resistant shall include submitted to MSHA.
the following information: Trade name (g) The applicant may ship his equip-
of hose, identification of materials ment to MSHA for investigation at the
used, including compound numbers, time of filing his application and pay-
thickness of cover, thickness of tube, ment of the required fees. Shipping
and number and weight of plies. The charges shall be prepaid by the appli-
applicant shall provide other descrip- cant.
tion or specifications as may be subse- (h) For a complete investigation
quently required. leading to approval or certification the
(e) Drawings, drawing lists, specifica- applicant shall furnish MSHA with the
tions, wiring diagram, and descriptions components necessary for inspection
shall be adequate in number and detail and testing. Expendable components
to identify fully the complete assem- shall be supplied by the applicant to
bly, component parts, and subassem- permit continuous operation of the
blies. Drawings shall be titled, num- equipment while being tested. If spe-
bered, dated and shall show the latest cial tools are necessary to assemble or
revision. Each drawing shall include a disassemble any component for inspec-
warning statement that changes in de- tion or test, the applicant shall furnish
sign must be authorized by MSHA be- them with the equipment to be tested.
fore they are applied to approved (i) For investigation of a hose, the
equipment. When intrinsically safe cir- applicant shall furnish samples as fol-
cuits are incorporated in a machine or lows:
accessory, the wiring diagram shall in-
clude a warning statement that any Hosea sample having a minimum length of
2 feet
change(s) in the intrinsically safe cir-
cuitry or components may result in an (j) The applicant shall submit a sam-
unsafe condition. The specifications ple caution statement (see Figure 3 in
shall include an assembly drawing(s) Appendix II) specifying the conditions

(see Figure 1 in Appendix II) showing for maintaining permissibility of the
the overall dimensions of the machine equipment.
107
(k) The applicant shall submit a fac- tests, chemical analysis of materials or
tory-inspection form (see Figure 4 in any details of the applicants drawings,
Appendix II) used to maintain quality specifications, instructions, and re-
control at the place of manufacture or lated material.
assembly to insure that component (b) Unless notified to the contrary by
parts are made and assembled in strict MSHA, the applicant shall provide as-
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 ernment harmless in the event of dam-
36419, June 17, 2003; 70 FR 46343, Aug. 9, 2005; age to applicants property or injury to
71 FR 28584, May 17, 2006; 73 FR 52211, Sept. applicants representatives or to ob-
9, 2008; 73 FR 80611, Dec. 31, 2008]
servers admitted at their request.
18.7 [Reserved] [33 FR 4660, Mar. 19, 1968; 33 FR 6345, Apr. 26,
1968, as amended at 57 FR 61223, Dec. 23, 1992;
18.8 Date for conducting investiga- 73 FR 80612, Dec. 31, 2008]
tion and tests.
The date of receipt of an application 18.10 Notice of approval or dis-
will determine the order of precedence approval.
for investigation and testing. If an (a) Upon completing investigation of
electrical machine component or acces- a complete assembly of an electrical
sory fails to meet any of the require- machine or accessory, MSHA will issue
ments, it shall lose its order of prece- to the applicant either a written notice
dence. If an application is submitted to of approval or a written notice of dis-
resume investigation and testing after approval, as the case may require. No
correction of the cause of failure, it informal notification of approval will
will be treated as a new application be issued. If a notice of disapproval is
and the order of precedence for inves- issued, it will be accompanied by de-
tigation and testing will be so deter- tails of the defects, with recommenda-
mined. tions for possible correction. MSHA
will not disclose, except to the appli-
18.9 Conduct of investigations and cant, any information upon which a no-
tests. tice of disapproval has been issued.
(a) Prior to the issuance of an ap- (b) A formal notice of approval will
proval, certification, or acceptance of a be accompanied by a list of drawings,
hose, only MSHA personnel, represent- specifications, and related material,
ative(s) of the applicant, and such covering the details of design and con-
other person(s) as may be mutually struction of the equipment upon which
agreed upon may observe any part of the approval is based. Applicants shall
the investigation or tests. The MSHA keep exact duplicates of the drawings,
will hold as confidential and will not specifications, and descriptions that re-
disclose principles or patentable fea- late to equipment for which an ap-

tures; nor will it disclose to persons proval has been issued, and the draw-
other than the applicant the results of ings and specifications shall be adhered
108
to exactly in production of the ap- 18.12 Letter of certification.

proved equipment.
(c) An applicant shall not advertise (a) A letter of certification may be
or otherwise represent his equipment issued by MSHA for a component in-
as approved (permissible) until he has tended for incorporation in a complete
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
for affixing the approval plate shall not tification for the component. Certified
impair any explosion-proof feature of components are not to be represented
the equipment. as approved or permissible be-
(c) The approval plate identifies as cause such terms apply only to com-
permissible the machine or accessory pletely assembled machines or acces-
to which it is attached, and use of the sories.
approval plate obligates the applicant
18.13 Certification plate.
to whom the approval was issued to
maintain in his plant the quality of Each certified component shall be
each complete assembly and guaran- identified by a certification plate at-
tees that the equipment is manufac- tached to the component in a manner
tured and assembled according to the acceptable to MSHA. The method of at-
drawings, specifications, and descrip- tachment shall not impair any explo-
tions upon which the approval and sub- sion-proof characteristics of the com-
sequent extension(s) of approval were ponent. The plate shall be of service-
based. able material, acceptable, to MSHA,
(d) A completely assembled approved and shall contain the following:
machine with an integral dust col-
lector shall bear an approval plate in- Certified as complying with the applicable
requirements of 30 CFR part llll.
dicating that the requirements of part
Certification No.llll.
33 of this chapter (Bureau of Mines
Schedule 25B), have been complied The blank spaces shall be filled with
with. Approval numbers will be as- appropriate designations. Inclusion of
signed under each part of such joint ap- the information on a company name
provals.
plate will be permitted provided the

[33 FR 4660, Mar. 19, 1968, as amended at 43 plate is made of material acceptable to
FR 12314, Mar. 24, 1978] MSHA.
109
18.14 30 CFR Ch. I (7115 Edition)
18.14 Identification of tested noncer- that the change(s) may adversely affect
tified explosion-proof enclosures. safety.
An enclosure that meets all applica- (c) If the change(s) meets the require-
ble requirements of this part, but has ments of this part, a formal extension
not been certified by MSHA, shall be of approval or certification will be
identified by a permanent marking on issued, accompanied by a list of new or
revised drawings, specifications, and
it in a conspicuous location. The design
related information to be added to
of such marking shall consist of capital
those already on file for the original
letters USMSHA not less than 14 inch
approval or certification.
in height, enclosed in a circle not less
(d) Revisions in drawings or speci-
than 1 inch in diameter.
fications that do not involve actual
[33 FR 4660, Mar. 19, 1968, as amended at 43 change in the explosion-proof features
FR 12314, Mar. 24, 1978] st of equipment may be handled infor-
mally.
18.15 Changes after approval or cer-
tification. [43 FR 12313, Mar. 24, 1978, as amended at 52
FR 17514, May 8, 1987; 68 FR 36419, June 17,
If an applicant desires to change any 2003]
feature of approved equipment or a cer-
tified component, he shall first obtain 18.16 Withdrawal of approval, certifi-
MSHAs concurrence pursuant to the cation, or acceptance.
following procedure: MSHA reserves the right to rescind,
(a)(1) Application shall be made as for cause, any approval, certification,
for an original approval or letter of acceptance, or extension thereof,
certification requesting that the exist- issued under this part.
ing approval or certification be ex-
tended to cover the proposed changes Subpart BConstruction and
and shall be accompanied by drawings, Design Requirements
specifications, and related information,
showing the changes in detail. 18.20 Quality of material, workman-
(2) Where the applicant for approval ship, and design.
has used an independent laboratory (a) Electrically operated equipment
under part 6 of this chapter to perform, intended for use in coal mines shall be
in whole or in part, the necessary test- rugged in construction and shall be de-
ing and evaluation for approval of signed to facilitate inspection and
changes to an approved or certified maintenance.
product under this part, the applicant (b) MSHA will test only electrical
must provide to MSHA as part of the equipment that in the opinion of its
approval application: qualified representatives is constructed
(i) Written evidence of the labora- of suitable materials, is of good quality
torys independence and current rec- workmanship, based on sound engineer-
ognition by a laboratory accrediting ing principles, and is safe for its in-
organization; tended use. Since all possible designs,
(ii) Complete technical explanation circuits, arrangements, or combina-
of how the product complies with each tions of components and materials can-
requirement in the applicable MSHA not be foreseen, MSHA reserves the
product approval requirements; right to modify design, construction,
(iii) Identification of components or and test requirements to obtain the
features of the product that are critical same degree of protection as provided
to the safety of the product; and by the tests described in Subpart C of
(iv) All documentation, including this part.
drawings and specifications, as sub- (c) Moving parts, such as rotating
mitted to the independent laboratory saws, gears, and chain drives, shall be
by the applicant and as required by guarded to prevent personal injury.
this part. (d) Flange joints and lead entrances
(b) The application will be examined shall be accessible for field inspection,
by MSHA to determine whether inspec- where practicable.

tion or testing will be required. Testing (e) An audible warning device shall
will be required if there is a possibility be provided on each mobile machine
110
that travels at a speed greater than 2.5 MINIMUM CLEARANCES BETWEEN UNINSULATED
miles per hour. SURFACESContinued
(f) Brakes shall be provided for each
Clearances (inches)
wheel-mounted machine, unless design
of the driving mechanism will preclude Phase-to-Phase Voltage (rms) Phase-to-
Phase-to- Ground or
accidental movement of the machine Phase Control
when parked. Circuit
(g) A headlight and red light-reflect-
251 to 600 ..................................... 0.28 0.25
ing material shall be provided on both 601 to 1000 ................................... 0.61 0.25
front and rear of each mobile transpor- 1001 to 2400 ................................. 1.4 0.6
tation unit that travels at a speed 2401 to 4160 ................................. 3.0 1.4
greater than 2.5 miles per hour. Red
light-reflecting material should be pro- [57 FR 61209, Dec. 23, 1992]
vided on each end of other mobile ma-
chines. 18.25 Combustible gases from insu-
lating material.
18.21 Machines equipped with pow-
ered dust collectors. (a) Insulating materials that give off
flammable or explosive gases when de-
Powered dust collectors on machines composed electrically shall not be used
submitted for approval shall meet the within enclosures where the materials
applicable requirements of Part 33 of are subjected to destructive electrical
this chapter (Bureau of Mines Schedule action.
25B), and shall bear the approval num-
(b) Parts coated or impregnated with
ber assigned by MSHA.
insulating materials shall be heat-
18.22 Boring-type machines equipped treated to remove any combustible sol-
for auxiliary face ventilation. vent(s) before assembly in an explo-
sion-proof enclosure. Air-drying insu-
Each boring-type continuous-mining
lating materials are excepted.
machine that is submitted for approval
shall be constructed with an unob- 18.26 Static electricity.
structed continuous space(s) of not less
than 200 square inches total cross-sec- Nonmetallic rotating parts, such as
tional area on or within the machine to belts and fans, shall be provided with a
which flexible tubing may be attached means to prevent an accumulation of
to facilitate auxiliary face ventilation. static electricity.
18.23 Limitation of external surface 18.27 Gaskets.

temperatures. A gasket(s) shall not be used between
The temperature of the external sur- any two surfaces forming a flame-ar-
faces of mechanical or electrical com- resting path except as follows:
ponents shall not exceed 150 C. (302 (a) A gasket of lead, elastomer, or
F.) under normal operating conditions. equivalent will be acceptable provided
the gasket does not interfere with an
18.24 Electrical clearances. acceptable metal-to-metal joint.
Minimum clearances between (b) A lead gasket(s) or equivalent will
uninsulated electrical conductor sur- be acceptable between glass and a hard
faces, or between uninsulated con- metal to form all or a part of a flame-
ductor surfaces and grounded metal arresting path.
surfaces, within the enclosure shall be
as follows: 18.28 Devices for pressure relief, ven-
tilation, or drainage.
MINIMUM CLEARANCES BETWEEN UNINSULATED (a) Devices for installation on explo-
SURFACES sion-proof enclosures to relieve pres-
Clearances (inches) sure, ventilate, or drain will be accept-
able provided the length of the flame-
Phase-to-
Phase-to-Phase Voltage (rms) Phase-to- Ground or arresting path and the clearances or
Phase Control size of holes in perforated metal will

Circuit
prevent discharge of flame in explosion
0 to 250 ......................................... 0.25 0.25 tests.
111
18.29 30 CFR Ch. I (7115 Edition)
(b) Devices for pressure relief, ven- be provided with guarding or equiva-
tilation, or drainage shall be con- lent.
structed of materials that resist corro-
sion and distortion, and be so designed 18.31 Enclosuresjoints and fas-
that they can be cleaned readily. Pro- tenings.
vision shall be made for secure attach- (a) Explosion-proof enclosures:
ment of such devices. (1) Cast or welded enclosures shall be
(c) Devices for pressure relief, ven- designed to withstand a minimum in-
tilation, or drainage will be acceptable ternal pressure of 150 pounds per square
for application only on enclosures with inch (gage). Castings shall be free from
which they are explosion tested. blowholes.
18.29 Access openings and covers, in- (2) Welded joints forming an enclo-
cluding unused lead-entrance holes. sure shall have continuous gas-tight
welds. All welds shall be made in ac-
(a) Access openings in explosion-
cordance with American Welding Soci-
proof enclosures will be permitted only
ety standards.
where necessary for maintenance of in-
ternal parts such as motor brushes and (3) External rotating parts shall not
fuses. be constructed of aluminum alloys con-
(b) Covers for access openings shall taining more than 0.6 percent magne-
meet the same requirements as any sium.
other part of an enclosure except that (4) MSHA reserves the right to re-
threaded covers shall be secured quire the applicant to conduct static-
against loosening, preferably with pressure tests on each enclosure when
screws having heads requiring a special MSHA determines that the particular
tool. (See Figure 1 in Appendix II.) design will not permit complete visual
(c) Holes in enclosures that are pro- inspection or when the joint(s) forming
vided for lead entrances but which are an enclosure is welded on one side only
not in use shall be closed with metal (see 18.67).
plugs secured by spot welding, brazing, (5) Threaded covers and mating parts
or equivalent. (See Figure 10 in Appen- shall be designed with Class 1A and 1B
dix II.) (coarse, loose-fitting) threads. The
flame-arresting path of threaded joints
18.30 Windows and lenses. shall conform to the requirements of
(a) MSHA may waive testing of mate- paragraph (a)(6) of this section.
rials for windows or lenses except head- (6) Enclosure requirements shall be
light lenses. When tested, material for based on the internal volumes of the
windows or lenses shall meet the test empty enclosure. The internal volume
requirements prescribed in 18.66 and is the volume remaining after deduct-
shall be sealed in place or provided ing the volume of any part that is es-
with flange joints in accordance with sential in maintaining the explosion-
18.31. proof integrity of the enclosure or nec-
(b) Windows or lenses shall be pro- essary for the operation. Essential
tected from mechanical damage by parts include the parts that constitute
structural design, location, or guard- the flame-arresting path and those nec-
ing. Windows or lenses, other than essary to secure parts that constitute a
headlight lenses, having an exposed flame-arresting path. Enclosures shall
area greater than 8 square inches, shall meet the following requirements:
EXPLOSION-PROOF REQUIREMENTS BASED ON VOLUME

cu. in. in. inclusive cu. in.
Minimum thickness of material for walls 1 ......................................................... 18

3 16 14
Minimum thickness of material for flanges and covers .................................... 2 14 3 38 3 12
Minimum width of joint; all in one plane 4 .........................................................

12
34 1
Maximum clearance; joint all in one plane ....................................................... 0.002 0.003 0.004
Minimum width of joint, portions of which are in different planes; cylinders or
equivalent 4 5 .................................................................................................. 38 58 34
112
EXPLOSION-PROOF REQUIREMENTS BASED ON VOLUMEContinued


cu. in. in. inclusive cu. in.
Maximum clearances; joint in two or more planes, cylinders or equivalent:

(a) Portion perpendicular to plane 6 .................................................... 0.008 0.008 0.008
(b) Plane portion ................................................................................. 0.006 0.006 0.006
Maximum bolt 7 8 spacing; joints all in one plane ............................................. (16) (16) (16)
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
Minimum thread engagement 10 ........................................................................ 14 14 38
Maximum diametrical clearance between bolt body and unthreaded holes

through which it passes 8 11 12 .......................................................................
1 64
1 32
1 16
Minimum distance from interior of enclosure to the edge of a bolt hole: 8 13

Jointminimum width 1 .................................................................... ........................ ........................ 14 716
Jointless than 1 wide ..................................................................... 18 316 ........................
Cylindrical joints
Shaft centered by ball or roller bearings:

Other cylindrical joints: 15
1 This is the minimal nominal dimension when applied to standard steel plate.
2 132 inch less is allowable for machining rolled plate.
3 116 inch less is allowable for machining rolled plate.
4 The widths of any grooves, such as grooves for holding oil seals or O-rings, shall be deducted in measuring the widths of
flame-arresting paths.
5 If only two planes are involved, neither portion of a joint shall be less than 18 inch wide, unless the wider portion conforms to
the same requirements as those for a joint that is all in one plane. If more than two planes are involved (as in labyrinths or
tongue-and-groove joints) the combined lengths of those portions having prescribed clearances are considered.
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 Where the term bolt is used, it refers to a machine bolt or a cap screw, and for either of these studs may be substituted
provided the studs, bottom in blind holes, are completely welded in place, or the bottom of the hole is closed with a plug secured
by weld or braze. Bolts shall be provided at all corners.
8 The requirements as to diametrical clearance around the bolt and minimum distance from the bolt hole to the inside of the
explosion-proof enclosure apply to steel dowel pins. In addition, when such pins are used, the spacing between centers of the
bolts on either side of the pin shall not exceed 5 inches.
9 Adequacy of bolt spacing will be judged on the basis of size and configuration of the enclosure, strength of materials, and ex-
plosion test results.
10 In general, minimum thread engagement shall be equal to or greater than the diameter of the bolt specified.
11 Threaded holes for fastening bolts shall be machined to remove burrs or projections that affect planarity of a surface forming
a flame-arresting path.
12 This maximum clearance applies only when the bolt is located within the flamepath.
13 The edge of the bolt hole shall include the edge of any machining done to the bolt hole, such as chamfering.
14 Less than 716 (14 minimum) will be acceptable provided the diametrical clearance for fastening bolts does not exceed
132.
15 Shafts or operating rods through journal bearings shall be at least 14 in diameter. The length of fit shall not be reduced
when a push button 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 bolts.
(7) O-rings, if used in a flame-arrest- the plane portion (see figure J3 in the
ing path, shall meet the following: appendix to subpart J of part 7 of this
(i) When the flame-arresting path is chapter), or at the junction of the
in one plane, the o-ring shall be located plane and cylindrical portion of the
at least one-half the acceptable flame- joint (see figure J4 in the appendix to
arresting path length specified in para- subpart J of part 7 of this chapter); or
graph (a)(6) of this section within the in the cylindrical portion (see figure J
outside edge of the path (see figure J 5 in the appendix to subpart J of part 7
2 in the appendix to subpart J of part 7 of this chapter).
of this chapter). (8) Mating parts comprising a pressed
(ii) When the flame-arresting path is fit shall result in a minimum inter-
one of the plane-cylindrical type (step ference of 0.001 inch between the parts.
joint), the o-ring shall be located at The minimum length of the pressed fit
least 12 inch within the outer edge of
113
18.32 30 CFR Ch. I (7115 Edition)
shall be equal to the minimum thick- (h) MSHA reserves the right to con-
ness requirement of paragraph (a)(6) of duct explosion tests with standard
this section for the material in which bolts, nuts, cap screws, or studs sub-
the fit is made. stituted for any special high-tensile
(b) Enclosures for potted compo- strength fastening(s) specified by the
nents: Enclosures shall be rugged and applicant.
constructed with materials having 75 (i) Coil-thread inserts, if used in
percent, or greater, of the thickness holes for fastenings, shall meet the fol-
and flange width specified in paragraph lowing:
(a) of this section. These enclosures (1) The inserts shall have internal
shall be provided with means for at- screw threads.
taching hose conduit, unless energy (2) The holes for the inserts shall be
carried by the cable is intrinsically drilled and tapped consistent with the
safe. insert manufacturers specifications.
(c) No assembly will be approved that (3) The inserts shall be installed con-
requires the opening of an explosion- sistent with the insert manufacturers
proof enclosure to operate a switch, specifications.
rheostat, or other device during normal (4) The insert shall be of sufficient
operation of a machine. length to ensure the minimum thread
[33 FR 4660, Mar. 19, 1968, as amended at 57 engagement of fastening specified in
FR 61209, Dec. 23, 1992] 18.31(a)(6) of this part.
[33 FR 4660, Mar. 19, 1968, as amended at 57
18.32 Fasteningsadditional require- FR 61210, Dec. 23, 1992]
ments.
(a) Bolts, screws, or studs shall be 18.33 Finish of surface joints.
used for fastening adjoining parts to Flat surfaces between bolt holes that
prevent the escape of flame from an en- form any part of a flame-arresting path
closure. Hinge pins or clamps will be shall be plane to within a maximum de-
acceptable for this purpose provided viation of one-half the maximum clear-
MSHA determines them to be equally ance specified in 18.31(a)(6). All metal
effective. surfaces forming a flame-arresting
(b) Lockwashers shall be provided for path shall be finished during the manu-
all bolts, screws, and studs that secure facturing process to not more than 250
parts of explosion-proof enclosures. microinches. A thin film of nonhard-
Special fastenings designed to prevent ening preparation to inhibit rusting
loosening will be acceptable in lieu of may be applied to these finished metal
lockwashers, provided MSHA deter- surfaces as long as the final surface can
mines them to be equally effective. be readily wiped free of any foreign
(c) Fastenings shall be as uniform in materials.
size as practicable to preclude im-
proper assembly. [57 FR 61210, Dec. 23, 1992]
(d) Holes for fastenings shall not pen-
etrate to the interior of an explosion- 18.34 Motors.
proof enclosure, except as provided in Explosion-proof electric motor as-
paragraph (a)(9) of 18.34, and shall be semblies intended for use in approved
threaded to insure that a specified bolt equipment in underground mines that
or screw will not bottom even if its are specifically addressed in part 7 of
lockwasher is omitted. this chapter shall be approved under
(e) A minimum of 18inch of stock part 7 of this chapter after February 22,
shall be left at the center of the bot- 1996. Those motor assemblies not spe-
tom of each hole drilled for fastenings. cifically addressed under part 7 of this
(f) Fastenings used for joints on ex- chapter shall be accepted or certified
plosion-proof enclosures shall not be under this part.
used for attaching nonessential parts (a) General. (1) Motors shall have ex-
or for making electrical connections. plosion-proof enclosures.
(g) The acceptable sizes for and (2) Motors submitted to MSHA for
spacings of fastenings shall be deter- test shall be equipped with unshielded

mined by the size of the enclosure, as bearings regardless of whether that
indicated in 18.31. type of bearing is specified.
114
(3) MSHA reserves the right to test the distance from the edge of the pole
motors with the maximum clearance piece to any bolt hole in the frame
specified between the shaft and the shall be not less than 18 inch. If the dis-
mating part which forms the required tance is 18 to 14 inch, the diametrical
flame-arresting path. Also reserved is clearance for the pole bolt shall not ex-
the right to remachine these parts, at ceed 164 inch for not less than 12 inch
the applicants expense, to specified di- through the frame. Furthermore, the
mensions to provide the maximum pole piece shall have the same radius
clearance. as the inner surface of the frame. Pole
NOTE: For example, a shaft with a diame- pieces may be shimmed as necessary.
ter greater than 2 inches at the flame-arrest- (c) Alternating-current motors. Stator
ing portion might require such machining. laminations that form a part of an ex-
(4) Ball and roller bearings and oil plosion-proof enclosure will be accept-
seals will not be acceptable as flame- able provided: (1) The laminations and
arresting paths; therefore, a separate their end rings are fastened together
path shall be provided between the under pressure; (2) the joint between
shaft and another part, preferably inby the end rings and the laminations is
the bearing. The length and clearances not less than 14 inch, but preferably as
of such flame-arresting path shall con- close to 1 inch as possible; and (3) it
form to the requirements of 18.31. shall be impossible to insert a 0.0015-
(5) Labyrinths or other arrangements inch thickness gage to a depth exceed-
that provide change(s) in direction of ing 18 inch between adjacent lamina-
escaping gases will be acceptable but tions or between end rings and lamina-
the use of small detachable pieces shall tions.
not be permitted unless structurally (d) Small motors (alternating- and di-
unavoidable. The lengths of flame-ar- rect-current). Motors having internal
resting path(s) and clearance(s) shall free volume not exceeding 350 cubic
conform to the requirements of 18.31. inches and joints not exceeding 32
(6) Oil seals shall be removed from inches in outer circumference will be
motors prior to submission for explo- acceptable for investigation if provided
sion tests. with rabbet joints between the stator
NOTE: Oil seals will be removed from mo-
frame and the end bracket having the
tors prior to explosion tests and therefore
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 Minimum total width
of clamped clearance diametrical
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 ............................. 332 .002 .004
used as a bearing cartridge.
NOTE: The outer bearing cap will be omit-
ted during explosion tests unless it houses [33 FR 4660, Mar. 19, 1968, as amended at 57
the bearing. FR 61210, Dec. 23, 1992]
(9) If unavoidable, holes may be made
through motor casings for bolts, studs, 18.35 Portable (trailing) cables and
cords.
or screws to hold essential parts such
as pole pieces, brush rigging, and bear- (a) Portable cables and cords used to
ing cartridges. Such parts shall be at- conduct electrical energy to face equip-
tached to the casing by at least two ment shall conform to the following:
fastenings. The threaded holes in these (1) Have each conductor of a current-
parts shall be blind, unless the fas- carrying capacity consistent with the
tenings are inserted from the inside, in Insulated Power Cable Engineers Asso-
which case the fastenings shall not be ciation (IPCEA) standards. (See Tables
accessible with the armature of the 1 and 2 in Appendix I.)
motor in place. (2) Have current-carrying conductors

(b) Direct-current motors. For direct- not smaller than No. 14 (AWG). Cords
current motors with narrow interpoles, with sizes 14 to 10 (AWG) conductors
115
18.36 30 CFR Ch. I (7115 Edition)
shall be constructed with heavy jack- electrical conductivity, insulation, and

ets, the diameters of which are given in mechanical strength.
Table 6 in Appendix I. (d) Suitable provisions shall be made
(3) Be accepted as flame resistant to facilitate disconnection of portable
under this part or approved under sub- cable quickly and conveniently for re-
part K of part 7 of this chapter. placement.
(4) Have short-circuit protection at [33 FR 4660, Mar. 19, 1968; 33 FR 6343, Apr. 26,
the outby (circuit-connecting) end of 1968, as amended at 57 FR 61223, Dec. 23, 1992]
ungrounded conductors. (See Table 8 in
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.
116
(b) Stuffing boxes shall be so de- between two explosion-proof enclosures

signed, and the amount of packing used in insulating bushings, such bushings
shall be such, that with the packing shall be not less than 1-inch long and
properly compressed, the gland nut the diametrical clearance between the
still has a clearance distance of 18 inch wire or cable insulation and the holes
or more to travel without meeting in- in the bushings shall not exceed 116
terference by parts other than packing. inch (based on the nominal specified di-
In addition, the gland nut shall have a ameter of the cable). The insulating
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: fitting holes through which the wires
(1) Asbestos-packing material shall or cables are conducted will be accept-
be untreated, not less than 316-inch di- able for plugging. The tubing or duct
ameter if round, or not less than 316 by specified for the passageway shall be
316 inch if square. The width of the
brazed or welded into the walls of both
space for packing material shall not explosion-proof enclosures with contin-
exceed by more than 50 percent the di- uous gas-tight welds.
ameter or width of the uncompressed (d) If wires and cables are taken
packing material. through openings closed with sealing
(2) The allowable diametrical clear- compounds, the design of the opening
ance between the cable and the holes in and characteristics of the compounds
the stuffing box and packing nut shall shall be such as to hold the sealing ma-
not exceed 75 percent of the nominal terial in place without tendency of the
diameter or width of the packing mate- material to crack or flow out of its
rial. place. The material also must with-
(f) Special requirements for glands in stand explosion tests without cracking
which a compressible material (exam- or loosening.
plesynthetic elastomers) other than (e) Openings through common walls
asbestos is specified, are: between explosion-proof enclosures not
(1) The packing material shall be provided with bushings or sealing com-
flame resistant. pound, shall be large enough to prevent
(2) The radial clearance between the pressure piling.
cable jacket and the nominal inside di-
ameter of the packing material shall 18.39 Hose conduit.
not exceed 132inch, based on the nomi- Hose conduit shall be provided for
nal specified diameter of the cable. mechanical protection of all machine
(3) The radial clearance between the cables that are exposed to damage.
nominal outside diameter of the pack- Hose conduit shall be flame resistant
ing material and the inside wall of the and have a minimum wall thickness of
stuffing box (that portion into which 316 inch. The flame resistance of hose
the packing material fits) shall not ex- conduit will be determined in accord-
ceed 132inch. ance with the requirements of 18.65.
FR 61210, Dec. 23, 1992] 18.40 Cable clamps and grips.
Insulated clamps shall be provided
18.38 Leads through common walls. for all portable (trailing) cables to pre-
(a) Insulated studs will be acceptable vent strain on the cable terminals of a
for use in a common wall between two machine. Also insulated clamps shall
explosion-proof enclosures. be provided to prevent strain on both

(b) When insulated wires or cables ends of each cable or cord leading from
are extended through a common wall a machine to a detached or separately
117
18.41 30 CFR Ch. I (7115 Edition)
mounted component. Cable grips an- (d) Molded-elastomer connectors will

chored to the cable may be used in lieu be acceptable provided:
of insulated strain clamps. Supporting (1) Any free space within the plug or
clamps for cables used for wiring receptacle is isolated from the exterior
around machines shall be provided in a of the plug.
manner acceptable to MSHA. (2) Joints between the elastomer and
metal parts are not less than 1 inch
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-
serted before the control circuit of the [33 FR 4660, Mar. 19, 1968, as amended at 68
machine can be energized. FR 37082, June 23, 2003]
(b) Plug and receptacle-type connec-
tors used for sectionalizing the cables 18.42 Explosion-proof distribution
boxes.
outby the last open crosscut in a gassy
mine need not be explosion-proof or (a) A cable passing through an out-
electrically interlocked provided such side wall(s) of a distribution box shall
connectors are designed and con- be conducted either through a packing
structed to prevent accidental separa- gland or an interlocked plug and recep-
tion. tacle.
(c) Conductors shall be securely at- (b) Short-circuit protection shall be
tached to the electrodes in a plug or re- provided for each branch circuit con-
ceptacle and the connections shall be nected to a distribution box. The cur-
totally enclosed. rent-carrying capacity of the specified
118
connector shall be compatible with the ing and unreeling. Such tension shall
automatic circuit-interrupting device. only be high enough to prevent a ma-
(c) Each branch receptacle shall be chine from running over its own
plainly and permanently marked to in- cable(s).
dicate its current-carrying capacity (e) Cable reels and spooling devices
and each receptacle shall be such that shall be insulated with flame-resistant
it will accommodate only an appro- material.
priate plug. (f) The maximum speed of travel of a
(d) Provision shall be made to relieve machine when receiving power through
mechanical strain on all connectors to
a portable (trailing) cable shall not ex-
distribution boxes.
ceed 6 miles per hour.
18.43 Explosion-proof splice boxes. (g) Diameters of cable reel drums and
sheaves should be large enough to pre-
Internal connections shall be rigidly
vent undue bending strain on cables.
held and adequately insulated. Strain
clamps shall be provided for all cables 18.46 Headlights.
entering a splice box.
(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
box to the enclosure exceed 36 inches in (e) If a single lead gasket is used, the
length. Each wire or cable shall be pro- contact surface of the opposite side of
tected from damage. the lens shall be plane within a max-
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
speeds exceeding 2.5 miles per hour, plate rating exceeding 300 volts direct
shall have a mechanically, hydrau- current or alternating current.
lically, or electrically driven reel upon (b) A battery-powered machine shall
which to wind the portable cable. not have a nameplate rating exceeding
(b) The enclosure for moving con- 240 volts, nominal (120 lead-acid cells
tacts or slip rings of a cable reel shall or equivalent).
be explosion-proof. (c) Other direct-current machines
(c) Cable-reel bearings shall not con- shall not have a nameplate rating ex-
stitute an integral part of a circuit for ceeding 550 volts.
transmitting electrical energy. (d) An alternating-current machine
(d) Cable reels for shuttle cars and lo- shall not have a nameplate rating ex-
comotives shall maintain positive ten- ceeding 660 volts, except that a ma-
sion on the portable cable during reel- chine may have a nameplate rating
119
18.48 30 CFR Ch. I (7115 Edition)
greater than 660 volts but not exceed- manually operated controller will not
ing 4,160 volts when the following con- be acceptable as a service switch.
ditions are complied with: (b) When impracticable to mount the
(1) Adequate clearances and insula- main-circuit-interrupting device on a
tion for the particular voltage(s) are machine, a remote enclosure will be ac-
provided in the design and construction ceptable. When contacts are used as a
of the equipment, its wiring, and acces- main-circuit-interrupting device, a
sories. means for opening the circuit shall be
(2) A continuously monitored, provided at the machine and at the re-
failsafe grounding system is provided mote contactors.
that will maintain the frame of the (c) Separate two-pole switches shall
equipment and the frames of all acces- be provided to deenergize power con-
sory equipment at ground potential. ductors for headlights or floodlights.
Also, the equipment, including its con- (d) Each handheld tool shall be pro-
trols and portable (trailing) cable, will vided with a two-pole switch of the
be deenergized automatically upon the dead-man-control type that must be
occurrence of an incipient ground held closed by hand and will open when
fault. The ground-fault-tripping cur- hand pressure is released.
rent shall be limited by grounding re- (e) A machine designed to operate
sistor(s) to that necessary for depend- from both trolley wire and portable
able relaying. The maximum ground- cable shall be provided with a transfer
fault-tripping current shall not exceed switch, or equivalent, which prevents
25 amperes. energizing one from the other. Such a
(3) All high voltage switch gear and switch shall be designed to prevent
control for equipment having a name- electrical connection to the machine
plate rating exceeding 1,000 volts are frame when the cable is energized.
located remotely and operated by re- (f) Belt conveyors shall be equipped
mote control at the main equipment. with control switches to automatically
Potential for remote control shall not stop the driving motor in the event the
exceed 120 volts. belt is stopped, or abnormally slowed
(4) Portable (trailing) cable for equip- down.
ment with nameplate ratings from 661 NOTE: Short transfer-type conveyors will
volts through 1,000 volts shall include be exempted from this requirement when at-
grounding conductors, a ground check tended.
conductor, and grounded metallic
shields around each power conductor or 18.49 Connection boxes on machines.
a grounded metallic shield over the as- Connection boxes used to facilitate
sembly; except that on machines em- replacement of cables or machine com-
ploying cable reels, cables without ponents shall be explosion-proof. Port-
shields may be used if the insulation is able-cable terminals on cable reels
rated 2,000 volts or more. need not be in explosion-proof enclo-
(5) Portable (trailing) cable for equip- sures provided that connections are
ment with nameplate ratings from 1,001 well made, adequately insulated, pro-
volts through 4,160 volts shall include tected from damage by location, and
grounding conductors, a ground check securely clamped to prevent mechan-
conductor, and grounded metallic ical strain on the connections.
shields around each power conductor.
(6) MSHA reserves the right to re- 18.50 Protection against external
quire additional safeguards for high- arcs and sparks.
voltage equipment, or modify the re- Provision shall be made for main-
quirements to recognize improved taining the frames of all off-track ma-
technology. chines and the enclosures of related de-
tached components at safe voltages by
18.48 Circuit-interrupting devices. using one or a combination of the fol-
(a) Each machine shall be equipped lowing:
with a circuit-interrupting device by (a) A separate conductor(s) in the

means of which all power conductors portable cable in addition to the power
can be deenergized at the machine. A conductors by which the machine
120
frame can be connected to an accept- open both lines, particular attention

able grounding medium, and a separate shall be given to marking the polarity
conductor in all cables connecting re- at the terminals or otherwise pre-
lated components not on a common venting the possibility of reversing
chassis. The cross-sectional area of the connections which would result in
additional conductor(s) shall not be changing the circuit interrupter to the
less than 50 percent of that of one grounded line.
power conductor unless a ground-fault (2) Three-phase alternating-current
tripping relay is used, in which case motors shall have an overcurrent-pro-
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-
current device in series with the diode, Enclosure covers that provide access
the contacts of which are in the ma- to fuses, other than headlight, control-
chines control circuit; and (2) a block- circuit, and handheld-tool fuses, shall
ing diode in the control circuit to pre- be interlocked with a circuit-inter-
vent operation of the machine with the rupting device. Fuses shall be inserted
polarity reversed. on the load side of the circuit inter-
rupter.
18.51 Electrical protection of circuits
and equipment. 18.53 High-voltage longwall mining
systems.
(a) An automatic circuit-interrupting
device(s) shall be used to protect each (a) In each high-voltage motor-start-
ungrounded conductor of a branch cir- er enclosure, with the exception of a
cuit at the junction with the main cir- controller on a high-voltage shearer,
cuit when the branch-circuit con- the disconnect device compartment,
ductor(s) has a current carrying capac- control/communications compartment,
ity less than 50 percent of the main cir- and motor contactor compartment
cuit conductor(s), unless the protective must be separated by barriers or parti-
device(s) in the main circuit will also tions to prevent exposure of personnel
provide adequate protection for the to energized high-voltage conductors or
branch circuit. The setting of each de- parts. In each motor-starter enclosure
vice shall be specified. For headlight on a high-voltage shearer, the high-
and control circuits, each conductor voltage components must be separated
shall be protected by a fuse or equiva- from lower voltage components by bar-
lent. Any circuit that is entirely con- riers or partitions to prevent exposure
tained in an explosion-proof enclosure of personnel to energized high-voltage
shall be exempt from these require- conductors or parts. Barriers or parti-
ments. tions must be constructed of grounded
(b) Each motor shall be protected by metal or nonconductive insulating
an automatic overcurrent device. One board.
protective device will be acceptable (b) Each cover of a compartment in
when two motors of the same rating the high-voltage motor-starter enclo-
operate simultaneously and perform sure containing high-voltage compo-
virtually the same duty. nents must be equipped with at least

(1) If the overcurrent-protective de- two interlock switches arranged to
vice in a direct-current circuit does not automatically deenergize the high-
121
18.53 30 CFR Ch. I (7115 Edition)
voltage components within that com- (v) When located in a non-explosion-

partment when the cover is removed. proof enclosure, the device must be de-
(c) Circuit-interrupting devices must signed and installed to cause the cur-
be designed and installed to prevent rent to be interrupted automatically
automatic reclosure. prior to the opening of the contacts, or
(d) Transformers with high-voltage the device must be capable of inter-
primary windings that supply control rupting the full-load current of the cir-
voltages must incorporate grounded cuit.
electrostatic (Faraday) shielding be- (g) Control circuits for the high-volt-
tween the primary and secondary age motor starters must be interlocked
windings. The shielding must be con- with the disconnect device so that
nected to equipment ground by a min- (1) The control circuit can be oper-
imum No. 12 AWG grounding con- ated with an auxiliary switch in the
ductor. The secondary nominal voltage test position only when the dis-
must not exceed 120 volts, line to line. connect device is in the open and
(e) Test circuits must be provided for grounded position; and
checking the condition of ground-wire (2) The control circuit can be oper-
monitors and ground-fault protection ated with the auxiliary switch in the
without exposing personnel to ener- normal position only when the dis-
gized circuits. Each ground-test circuit connect switch is in the closed posi-
must inject a primary current of 50 tion.
percent or less of the current rating of (h) A study to determine the min-
the grounding resistor through the cur- imum available fault current must be
rent transformer and cause each cor- submitted to MSHA to ensure adequate
responding circuit-interrupting device protection for the length and con-
to open. ductor size of the longwall motor,
(f) Each motor-starter enclosure, shearer and trailing cables.
with the exception of a controller on a (i) Longwall motor and shearer ca-
high-voltage shearer, must be equipped bles with nominal voltages greater
with a disconnect device installed to than 660 volts must be made of a
deenergize all high-voltage power con- shielded construction with a grounded
ductors extending from the enclosure metallic shield around each power con-
when the device is in the open posi- ductor.
tion. (j) High-voltage motor and shearer
(1) When multiple disconnect devices circuits must be provided with instan-
located in the same enclosure are used taneous ground-fault protection of not
to satisfy the above requirement they more than 0.125-amperes. Current
must be mechanically connected to transformers used for this protection
provide simultaneous operation by one must be of the single-window type and
handle. must be installed to encircle all three
(2) The disconnect device must be phase conductors.
rated for the maximum phase-to-phase (k) Safeguards against corona must
voltage and the full-load current of the be provided on all 4,160 voltage circuits
circuit in which it is located, and in- in explosion-proof enclosures.
stalled so that (l) The maximum pressure rise within
(i) Visual observation determines an explosion-proof enclosure con-
that the contacts are open without retaining high-voltage switchgear must
moving any cover; be limited to 0.83 times the design pres-
(ii) The load-side power conductors sure.
are grounded when the device is in the (m) High-voltage electrical compo-
open position; nents located in high-voltage explo-
(iii) The device can be locked in the sion-proof enclosures must not be co-
open position; planar with a single plane flame-ar-
(iv) When located in an explosion- resting path.
proof enclosure, the device must be de- (n) Rigid insulation between high-
signed and installed to cause the cur- voltage terminals (Phase-to-Phase or
rent to be interrupted automatically Phase-to-Ground) must be designed

prior to the opening of the contacts; with creepage distances in accordance
and with the following table:
122
MINIMUM CREEPAGE DISTANCES

Minimum creepage distances (inches) for comparative tracking index
Points of (CTI) range 1
Phase to phase voltage measure
CTI500 380CTI<500 175CTI<380 CTI<175
2,400 ................................................. 00 1.50 1.95 2.40 2.90

0G 1.00 1.25 1.55 1.85
4,160 ................................................. 00 2.40 3.15 3.90 4.65
0G 1.50 1.95 2.40 2.90
1 Assumes that all insulation is rated for the applied voltage or higher.
(o) Explosion-proof motor-starter ensure and uninsulated electrical conduc-

closures must be designed to establish tors inside the enclosure in accordance
the minimum free distance (MFD) be- with the following table:
tween the wall or cover of the enclo-
HIGH-VOLTAGE MINIMUM FREE DISTANCES (MFD)
Steel MFD (in) Aluminum MFD (in)
Wall/cover thickness (in)
A1 B2 C3 A B C
...........................................................
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:
(35 + 105 (C)) (I sc ) (t) d

MFD = 2.296 10 6
(C) (d) 2
(ii) Aluminum Wall/Cover:
(35 + 105 (C)) (I sc ) (t) d

MFD = 1.032 10 5
(C) (d) 2
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
cuit-interrupting device and d is the thick-
the top of the enclosure. If a steel

ER23NO04.001</GPH>
ness in inches of the metal wall/cover adja-

cent to an area of potential arcing. shield is mounted in conjunction with
123
ER23NO04.000</GPH>
18.54 30 CFR Ch. I (7115 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-
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
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
2,400 ..................................... 00 1.50 1.95 2.40 2.90

0G 1.00 1.25 1.55 1.85
4,160 ..................................... 00 2.40 3.15 3.90 4.65
0G 1.50 1.95 2.40 2.90
1 Assumes that all insulation is rated for the applied voltage or higher.
(k) Minimum free distances. Motor- enclosure and uninsulated electrical

starter enclosures must be designed to conductors inside the enclosure in ac-
establish the minimum free distance cordance with the following table:
(MFD) between the wall or cover of the
Steel MFD (in) Aluminum MFD (in)
Wall/cover thickness
(in) A1 B2 C3 A1 B2 C3
...........................................................
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
than 10,000 and less than or equal to 15,000 amperes rms.
3 Column C specifies the MFD for enclosures that have maximum available three-phase, bolted, short-circuit currents greater
than 15,000 and less than or equal to 20,000 amperes rms.
125
18.54 30 CFR Ch. I (7115 Edition)
4 Not ApplicableMSHA does not allow aluminum wall or covers to be 14 inch or less in thickness. (See also 18.31.)
(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:
(35 + 105(C)) ( Isc ) (t) d

MFD = 2.296 106
(C) (d) 2
(ii) Aluminum Wall/Cover:
(35 + 105(C)) ( Isc ) (t) d

MFD = 1.032 105
(C) (d) 2
Where C is 1.4 for 2,400 volt systems (ii) Acceptable performance. (A) During
or 3.0 for 4,160 volt systems; Isc is the pressurization, the enclosure must not
three-phase, short-circuit current in exhibit:
amperes of the system; t is the clear- (1) Leakage through welds or casting;
ing time in seconds of the outby cir- or
cuit-interrupting device; and d is the (2) Rupture of any part that affects
thickness in inches of the metal wall/ the explosion-proof integrity of the en-
cover adjacent to an area of potential closure.
arcing. (B) Following removal of the pressur-
(2) The minimum free distance must izing agents, the enclosure must not
be increased by 1.5 inches for 4,160 volt exhibit:
systems and 0.7 inches for 2,400 volt (1) Cracks in welds visible to the
systems when the adjacent wall area is naked eye;
the top of the enclosure. If a steel (2) Permanent deformation exceeding
shield is mounted in conjunction with 0.040 inches per linear foot; or
an aluminum wall or cover, the thick- (3) Excessive clearances along flame-
ness of the steel shield is used to deter- arresting paths following retightening
mine the minimum free distances. of fastenings, as necessary.
(l) Static pressure testing of explosion- (2) Enclosures for production. Every
proof enclosures containing high-voltage explosion-proof enclosure containing
switchgear (1) Prototype enclosures. high-voltage switchgear manufactured
The following static pressure test must after the prototype was tested must
be performed on each prototype design undergo one of the following tests or
of an explosion-proof enclosure con- procedures:
taining high-voltage switchgear prior (i) The static pressure test specified
to the explosion tests. in paragraph (l)(1)(i) of this section; or
(i) Test procedure. (A) The enclosure (ii) An MSHA-accepted quality assur-
must be internally pressurized to at ance procedure covering inspection of
least the design pressure, maintaining the enclosure.
the pressure for a minimum of 10 sec- (A) The quality assurance procedure
onds. must include a detailed check of parts
(B) Following the pressure hold, the against the drawings to determine
ER06AP10.001</MATH>
pressure must be removed and the pres- that

surizing agent removed from the enclo- (1) The parts and the drawings coin-
sure. cide; and
126
ER06AP10.000</MATH>
(2) The requirements stated in part 18 (1) Compliance with the requirements
have been followed with respect to ma- of this part with respect to joints, lead
terials, dimensions, configuration and entrances, and other pertinent fea-
workmanship. tures.
(B) [Reserved] (2) Wiring between components, ade-
[75 FR 17547, Apr. 6, 2010]
quacy of mechanical protection for ca-
bles, adequacy of clamping of cables,
positioning of cables, particularly with
Subpart CInspections and Tests respect to proximity to hydraulic com-
ponents.
18.60 Detailed inspection of compo-
nents. (3) Adequacy of protection against
damage to headlights, push buttons,
An inspection of each electrical com- and any other vulnerable component.
ponent shall include the following:
(4) Settings of overload- and short-
(a) A detailed check of parts against
circuit protective devices.
the drawings submitted by the appli-
(5) Adequacy of means for connecting
cant to determine that: (1) The parts
and protecting portable cable.
and drawings coincide; and (2) the min-
imum requirements stated in this part 18.62 Tests to determine explosion-
have been met with respect to mate- proof characteristics.
rials, dimensions, configuration, work-
manship, and adequacy of drawings and (a) In testing for explosion-proof
specifications. characteristics of an enclosure, it shall
(b) Exact measurement of joints, be filled and surrounded with various
journal bearings, and other flame-ar- explosive mixtures of natural gas and
resting paths. air. The explosive mixture within the
(c) Examination for unnecessary enclosure will be ignited electrically
through holes. and the explosion pressure developed
(d) Examination for adequacy of lead- therefrom recorded. The point of igni-
entrance design and construction. tion within the enclosure will be var-
(e) Examination for adequacy of elec- ied. Motor armatures and/or rotors will
trical insulation and clearances be- be stationary in some tests and revolv-
tween live parts and between live parts ing in others. Coal dust having a min-
and the enclosure. imum of 22 percent dry volatile matter
(f) Examination for weaknesses in and a minimum heat constant of 11,000
welds and flaws in castings. moist BTU (coal containing natural
(g) Examination for distortion of en- bed moisture but not visible surface
closures before tests. water) ground to a fineness of minus
(h) Examination for adequacy of fas- 200 mesh U.S. Standard sieve series. At
tenings, including size, spacing, secu- MSHAs discretion dummies may be
rity, and possibility of bottoming. substituted for internal electrical com-
ponents during some of the tests. Not
18.61 Final inspection of complete less than 16 explosion tests shall be
machine. conducted; however, the nature of the
enclosure and the results obtained dur-
(a) A completely assembled new ma-
ing the tests will determine whether
chine or a substantially modified de-
additional tests shall be made.
sign of a previously approved one shall
be inspected by a qualified representa- (b) Explosion tests of an enclosure
tive(s) of MSHA. When such inspection shall not result in:
discloses any unsafe condition or any (1) Discharge of flame.
feature not in strict conformance with (2) Ignition of an explosive mixture
the requirements of this part it shall surrounding the enclosure.
be corrected before an approval of the (3) Development of afterburning.
machine will be issued. A final inspec- (4) Rupture of any part of the enclo-
tion will be conducted at the site of sure or any panel or divider within the
manufacture, rebuilding, or other loca- enclosure.
tions at the option of MSHA. (5) Permanent distortion of the en-

(b) Complete machines shall be in- closure exceeding 0.040 inch per linear
spected for: foot.
127
18.63 30 CFR Ch. I (7115 Edition)
(c) When a pressure exceeding 125 (d) Procedure for flame tests. (1) The
pounds per square inch (gage) is devel- Bunsen burner, retracted from the test
oped during explosion tests, MSHA re- position, shall be adjusted to give a
serves the right to reject an enclo- blue flame 3 inches in height with nat-
sure(s) unless (1) constructional ural gas.
changes are made that result in a re- (2) The observation door of the gal-
duction of pressure to 125 pounds per lery shall be closed for the entire test.
square inch (gage) or less, or (2) the en- (3) The burner flame shall be applied
closure withstands a dynamic pressure to the free end of the specimen for 1
of twice the highest value recorded in minute in still air.
the initial test. (4) At the end of 1 minute the burner
[33 FR 4660, Mar. 19, 1968, as amended at 57 flame shall be removed, the ventilating
FR 61210, Dec. 23, 1992] fan turned on to give an air current
having a velocity of 300 feet per
18.63 [Reserved] minute, and the duration of flame
measured.
18.65 Flame test of hose.
(5) After the test specimen ceases to
(a) Size of test specimen. (1) [Reserved] flame, it shall remain in the air cur-
(2) Hosefour specimens each 6 rent for at least 3 minutes to deter-
inches long by 12-inch wide by thick- mine the presence and duration of
ness of the hose. afterglow. If a glowing specimen exhib-
(b) Flame-test apparatus. The prin- its flame within 3 minutes the duration
cipal parts of the apparatus within and/ of flame shall be added to the duration
or appended to a 21-inch cubical test of flame obtained according to para-
gallery are: graph (d) (4) of this section.
(1) A support stand with a ring clamp (e) Test requirements. The tests of the
and wire gauze. four specimens cut from any sample
(2) A Pittsburgh-Universal Bunsen- shall not result in either duration of
type burner (inside diameter of burner flame exceeding an average of 1 minute
tube 11 mm.), or equivalent, mounted after removal of the applied flame or
in a burner placement guide in such a afterglow exceeding an average of 3
manner that the burner may be placed minutes duration.
beneath the test specimen, or pulled (f) Acceptance markings. (1) [Reserved]
away from it by an external knob on (2) Hosehose conduit accepted by
the front panel of the test gallery. MSHA as flame-resistant shall be
(3) A variable-speed electric fan and marked as follows: Impressed letters,
an ASME flow nozzle (16812 inches re- raised letters on depressed background,
duction) to attain constant air veloci- or printed letters with the words
ties at any speed between 50500 feet a Flame-Resistant, USMSHA No. ll
minute. at intervals not exceeding 3 feet. This
(4) An electric timer or stopwatch to number will be assigned to the manu-
measure the duration of the tests. facturer after the sample has passed
(5) A mirror mounted inside the test
the tests. The letters and numbers
gallery to permit a rear view of the
shall be at least 14-inch high.
test specimen through the viewing
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:
128
Lens diameter, (D), inches Height of ignitable mixture of methane or nat-

fall, inches ural gas and air. The method of making
D<4 ...................................................................... 6 and breaking the circuit may be varied
4D<5 .................................................................. 9 to meet a particular condition.
5D<6 .................................................................. 15
(3) Those components which affect in-
6D ...................................................................... 24
trinsic safety must meet the following
requirements:
Windows or lenses of smaller diameter
(i) Current limiting components shall
than 1 inch may be tested by alternate
consist of two equivalent devices each
methods at the discretion of MSHA.
of which singly will provide intrinsic
(b) Thermal-shock tests. Four samples
safety. They shall not be operated at
of the window or lens will be heated in
more than 50 percent of their ratings.
an oven for 15 minutes to a tempera-
ture of 150 C. (302 F.) and immediately (ii) Components of reliable construc-
upon withdrawal of the samples from tion shall be used and they shall be so
the oven they will be immersed in mounted as to provide protection
water having a temperature between 15 against shock and vibration in normal
C. (59 F) and 20 C. (68 F.). Three of use.
the four samples shall show no defect (iii) Semiconductors shall be amply
or breakage from this thermal-shock sized. Rectifiers and transistors shall
test. be operated at not more than two-
thirds of their rated current and per-
18.67 Static-pressure tests. missible peak inverse voltage. Zener
diodes shall be operated at not more
Static-pressure tests shall be con-
than one-half of their rated current
ducted by the applicant on each enclo-
and shall short under abnormal condi-
sure of a specific design when MSHA
tions.
determines that visual inspection will
not reveal defects in castings or in sin- (iv) Electrolytic capacitors shall be
gle-seam welds. Such test procedure operated at not more than two-thirds
shall be submitted to MSHA for ap- of their rated voltage. They shall be de-
proval and the specifications on file signed to withstand a test voltage of
with MSHA shall include a statement 1,500 volts.
assuring that such tests will be con- (4) Intrinsically safe circuits shall be
ducted. The static pressure to be ap- so designed that after failure of a sin-
plied shall be 150 pounds per square gle component, and subsequent failures
inch (gage) or one and one-half times resulting from this first failure, the
the maximum pressure recorded in circuit will remain intrinsically safe.
MSHAs explosion tests, whichever is (5) The circuit will be considered as
greater. intrinsically safe if in the course of
testing no ignitions occur.
18.68 Tests for intrinsic safety. (b) Complete intrinsically safe equip-
(a) General: ment powered by low energy batteries:
(1) Tests for intrinsic safety will be (1) Short-circuit tests shall be con-
conducted under the general concepts ducted on batteries at normal oper-
of intrinsically safe as defined in ating temperature. Tests may be made
Subpart A of this part. Further tests or on batteries at elevated temperature if
requirements may be added at any such tests are deemed necessary.
time if features of construction or use (2) Resistance devices for limiting
or both indicate them to be necessary. short-circuit current shall be an inte-
Some tests included in these require- gral part of the battery, or installed as
ments may be omitted on the basis of close to the battery terminal as prac-
previous experience. ticable.
(2) Intrinsically safe circuits and/or (3) Transistors of battery-operated
components will be subjected to tests equipment may be subjected to ther-
consisting of making and breaking the mal run-away tests to determine
intrinsically safe circuit under condi- that they will not ignite an explosive
tions judged to simulate the most haz- atmosphere.

ardous probable faults or malfunctions. (4) A minimum of 1,000 make-break
Tests will be made in the most easily sparks will be produced in each test for
129
18.69 30 CFR Ch. I (7115 Edition)
direct current circuits with consider- 18.69 Adequacy tests.

ation given to reversed polarity. MSHA reserves the right to conduct
(5) Tests on batteries shall include appropriate test(s) to verify the ade-
series and/or parallel combinations of quacy of equipment for its intended
twice the normal battery complement, service.
and the effect of capacitance and in-
ductance, added to that normally
present in the circuit. Subpart DMachines Assembled
(6) No ignition shall occur when ap- With Certified or Explosion-
proximately 12inch of a single wire Proof Components, Field
strand representative of the wire used Modifications of Approved
in the equipment or device is shorted Machines, and Permits To Use
across the intrinsically safe circuit. Experimental Equipment
(7) Consideration shall be given to in-
sure against accidental reversal of po- 18.80 Approval of machines assem-
larity. bled with certified or explosion-
(c) Line-powered equipment and de- proof components.
vices: (a) A machine may be a new assem-
(1) Line-powered equipment shall bly, or a machine rebuilt to perform a
meet all applicable provisions specified service that is different from the origi-
for battery-powered equipment. nal function, or a machine converted
(2) Nonintrinsically safe components from nonpermissible to permissible
supplying power for intrinsically safe status, or a machine converted from
circuits shall be housed in explosion- direct- to alternating-current power or
proof enclosures and be provided with vice versa. Properly identified compo-
energy limiting components in the en- nents that have been investigated and
closure. accepted for application on approved
(3) Wiring for nonintrinsically safe machines will be accepted in lieu of
circuits shall not be intermingled with certified components.
wiring for intrinsically safe circuits. (b) A single layout drawing (see Fig-
(4) Transformers that supply power ure 1 in Appendix II) or photographs
for intrinsically safe circuits shall will be acceptable to identify a ma-
have the primary and secondary chine that was assembled with certified
windings physically separated. They or explosion-proof components. The
shall be designed to withstand a test following information shall be fur-
voltage of 1,500 volts when rated 125 nished:
volts or less and 2,500 volts when rated (1) Overall dimensions.
more than 125 volts. (2) Wiring diagram.
(5) The line voltage shall be increased (3) List of all components (see Figure
to 120 percent of nominal rated voltage 2 in Appendix II) identifying each ac-
to cover power line voltage variations. cording to its certification number or
(6) In investigations of alternating the approval number of the machine of
current circuits a minimum of 5,000 which the component was a part.
make-break sparks will be produced in (4) Specifications for:
each test. (i) Overcurrent protection of motors.
(d) The design of intrinsically safe (ii) All wiring between components,
circuits shall preclude extraneous including mechanical protection such
voltages caused by insufficient isola- as hose conduits and clamps.
tion or inductive coupling. The inves- (iii) Portable cable, including the
tigation shall determine the effect of type, length, outside diameter, and
ground faults where applicable. number and size of conductors.
(e) Identification markings: Circuits (iv) Insulated strain clamp for ma-
and components of intrinsically safe chine end of portable cable.
equipment and devices shall be ade- (v) Short-circuit protection to be pro-
quately identified by marking or label- vided at outby end of portable cable.
ing. Battery-powered equipment shall (c) MSHA reserves the right to in-
be marked to indicate the manufac- spect and to retest any component(s)

turer, type designation, ratings, and that had been in previous service, as it
size of batteries used. deems appropriate.
130
(d) When MSHA has determined that 18.82 Permit to use experimental
all applicable requirements of this part electric face equipment in a gassy
have been met, the applicant will be mine or tunnel.
authorized to attach an approval plate (a) Application for permit. An applica-
to each machine that is built in strict tion for a permit to use experimental
accordance with the drawings and spec- electric face equipment in a gassy mine
ifications filed with MSHA and listed or tunnel will be considered only when
with MSHAs formal approval. A design submitted by the user of the equip-
of the approval plate will accompany ment. The user shall submit a written
the notification of approval. (Refer to application to the Assistant Secretary
18.10 and 18.11.) of Labor for Mine Safety and Health,
(e) Approvals are issued only by the 1100 Wilson Blvd., Room 2322, Arling-
ton, Virginia 222093939, and send a
U.S. Department of Labor, Mine Safety
copy to the U.S. Department of Labor,
and Health Administration, Approval
and Certification Center, 765 Tech- tion, Approval and Certification Cen-
nology Drive, Triadelphia, WV 26059. ter, 765 Technology Drive, Triadelphia,
[33 FR 4660, Mar. 19, 1968, as amended at 43 WV 26059.
FR 12314, Mar. 24, 1978; 52 FR 17514, May 8, (b) Requirements(1) Constructional.
1987; 73 FR 52211, Sept. 9, 2008] (i) Experimental equipment shall be so
constructed that it will not constitute
18.81 Field modification of approved a fire or explosion hazard.
(permissible) equipment; applica- (ii) Enclosures designed as explosion-
tion for approval of modification; proof, unless already certified, or com-
approval of plans for modification ponents of previously approved (per-
before modification. missible) machines, shall be submitted
(a) An owner of approved (permis- to MSHA for inspection and test and
sible) equipment who desires to make shall meet the applicable design re-
modifications in such equipment shall quirements of subpart B of this part.
apply in writing to make such modi- Components designed as intrinsically
fications. The application, together safe also shall be submitted to MSHA
with the plans of modifications, shall for investigation.
be filed with the U.S. Department of (iii) MSHA may, at its discretion,
Labor, Mine Safety and Health Admin- waive the requirements for detailed
drawings of component parts, inspec-
istration, Approval and Certification
tions, and tests provided satisfactory
Center, 765 Technology Drive,
evidence is submitted that an enclo-
Triadelphia, WV 26059.
sure has been certified, or otherwise
(b) Proposed modifications shall con- accepted by a reputable testing agency
form with the applicable requirements whose standards are substantially
of subpart B of this part, and shall not equivalent to those set forth in subpart
substantially alter the basic functional B of this part.
design that was originally approved for (2) Specifications. The specifications
the equipment. for experimental equipment shall in-
(c) Upon receipt of the application clude a layout drawing (see Figure 1 in
for modification, and after such exam- Appendix II) or photograph(s) with the
ination and investigation as may be components, including overcurrent-
deemed necessary by MSHA, MSHA protective device(s) with setting(s)
will notify the owner and the District identified thereon or separately; a wir-
office of the mine workers organiza- ing diagram; and descriptive material
tion having jurisdiction at the mine necessary to insure safe operation of
where such equipment is to be operated the equipment. Drawings already filed
stating the modifications which are with MSHA need not be duplicated by
proposed to be made and MSHAs ac- the applicant, but shall be properly
tion thereon. identified.
(c) Final inspection. Unless equipment
[33 FR 4660, Mar. 19, 1968, as amended at 43 is delivered to MSHA for investigation,
FR 12314, Mar. 24, 1978; 60 FR 35693, July 11, the applicant shall notify the U.S. De-
1995; 73 FR 52211, Sept. 9, 2008] partment of Labor, Mine Safety and
131
Pt. 18, Subpt. D, App. I 30 CFR Ch. I (7115 Edition)
Health Administration, Approval and that for reasons beyond the control of
Certification Center, 765 Technology the user, it has not been possible to
Drive, Triadelphia, WV 26059, when and complete the experiment within the pe-
where the experimental equipment will riod covered by the extended permit.
be ready for inspection by a representa- (f) Permit label. With the notification
tive of MSHA before installing it on a granting a permit, the applicant will
trial basis. Such inspection shall be receive a photographic copy of a per-
completed before a permit will be mit label bearing the following:
issued. (1) Emblem of the Mine Safety and
(d) Issuance of permit. When the in- Health Administration.
spection discloses full compliance with (2) Permit number.
the applicable requirements of this (3) Expiration date of the permit.
subpart, the Assistant Secretary will (4) Name of machine.
issue a permit sanctioning the oper- (5) Name of the user and mine or tun-
ation of a single unit in a gassy mine nel.
or tunnel, as designated in the applica-
tion. If the applicant is not the assem- The applicant shall attach the photo-
bler of the equipment, a copy of the graphic copy of the permit label, or
permit also may be sent to the assem- replica thereof, to the experimental
bler. equipment. If a photograph is used, a
(e) Duration of permit. A permit will clear plastic covering shall be provided
be effective for a period of 6 months. for it.
For a valid reason, to be stated in a (g) Withdrawal of permit. The Assist-
written application, the Administrator ant Secretary may rescind, for cause,
of MSHA may grant an extension of a any permit granted under this subpart.
permit for an additional period, not ex- [33 FR 4660, Mar. 19, 1968, as amended at 43
ceeding 6 months. Further extension FR 12314, Mar. 24, 1978; 52 FR 17514, May 8,
will be granted only where, after inves- 1987; 60 FR 35693, July 11, 1995; 67 FR 38384,
tigation, the Assistant Secretary finds June 4, 2002; 73 FR 52211, Sept. 9, 2008]
APPENDIX I TO SUBPART D OF PART 18

LIST OF TABLES
Table Title
No.
1 Portable power cable ampacities600 volts.

2 Portable cord ampacities600 volts.
3 Portable power cable ampacities601 to 5,000 volts.
4 Normal diameter of round cables with tolerances in inches600 volts.
5 Nominal dimension of flat cables with tolerances in inches600 volts.
6 Nominal diameter of heavy jacketed cords with tolerances in inches600 volts.
7 Nominal diameter of three-conductor portable power cables with tolerances in inches601 to 5,000 volts.
8 Fuse ratings or instantaneous settings of circuit breakers for short-circuit protection of portable cables.
9 Specifications for portable cables longer than 500 feet.
10 High voltage trailing cable ampacities and outside diameters.
TABLE 1PORTABLE POWER CABLE AMPACITIES600 VOLTS (AMPERES PER CONDUCTOR BASED
ON 60 C. COPPER TEMPERATURE40 C. AMBIENT)
Single con- 2-conductor, 3-conductor,

Conductor sizeAWG or MCM 4-conductor 5-conductor 6-conductor
ductor round or flat round or flat
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 .................... ....................
132
Mine Safety and Health Admin., Labor Pt. 18, Subpt. D, App. I
TABLE 1PORTABLE POWER CABLE AMPACITIES600 VOLTS (AMPERES PER CONDUCTOR BASED
ON 60 C. COPPER TEMPERATURE40 C. AMBIENT)Continued
Single con- 2-conductor, 3-conductor,

Conductor sizeAWG or MCM 4-conductor 5-conductor 6-conductor
ductor round or flat round or flat
350 ........................................................ 345 240 235 190 .................... ....................

400 ........................................................ 375 280 250 200 .................... ....................
450 ........................................................ 400 300 270 215 .................... ....................
500 ........................................................ 425 320 290 230 .................... ....................
TABLE 2PORTABLE CORD AMPACITIES600 VOLTS (AMPERES PER CONDUCTOR BASED ON 60 C.

COPPER TEMPERATURE40 C. AMBIENT)
Conductor sizeAWG 13 conductor 46 conductor 79 conductor
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)
3-conductor types G-GC and SIIC-GC 3-conductor type SHD-GC 2,0015,000
Conductor sizeAWG or MCM 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
TABLE 4NOMINAL DIAMETERS OF ROUND CABLES WITH TOLERANCES IN INCHES600 VOLTS

2-conductor 3-conductor 6-conductor
Con- Type 4-con- 5-con-
ductor Single Type Type PCG, 3 ductor ductor
size con- Types Type PCG, 3 Types PG, 3 power, Types W & Types W & Toler-
AWG or ductor W&G PG, 2 Type w
power, W&G power, 2 con- G G ance
MCM twisted power ground ground trol,
ground
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
Pt. 18, Subpt. D, App. I 30 CFR Ch. I (7115 Edition)
TABLE 5NOMINAL DIMENSIONS OF FLAT CABLES WITH TOLERANCES IN INCHES600 VOLTS

2-conductor 3-conductorType G
Con- Type W Type G Major Minor

ductor
size Major Minor Major Minor
AWG Toler- Toler-
O.D. O.D.
Toler- Toler- Toler- Toler- ance ance
O.D. O.D. O.D. O.D.
ance ance ance ance
8 ............ 0.84 0.04 0.51 0.03

6 ............ .93 .04 .56 .03 1.02 .04 0.56 .03 1.65 0.06 0.67 0.05
4 ............ 1.05 .04 .61 .03 1.15 .04 .61 .03 1.85 .06 .75 .05
3 ............ 1.14 .04 .68 .03 1.26 .04 .68 .03 1.99 .06 .77 .05
2 ............ 1.24 .04 .73 .03 1.35 .04 .73 .06 2.10 .06 .81 .05
1 ............ 1.40 .04 .81 .03 1.55 .04 .81 .03 2.43 .06 .97 .05
1/0 ......... 1.51 .04 .93 .03 1.67 .04 .93 .03
2/0 ......... 1.63 .04 .99 .03 1.85 .04 .99 .03
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
TABLE 6NOMINAL DIAMETERS OF HEAVY JACKETED CORDS WITH TOLERANCES IN INCHES600

VOLTS
Con- 2-conductor 3-conductor 4-conductor 5-conductor 6-conductor 7-conductor
ductor
size Diame- Toler- Diame- Toler- Diame- Toler- Diame- Toler- Diame- Toler- Diame- Toler-
AWG ter ance ter ance ter ance ter ance ter ance ter ance
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
TABLE 7NOMINAL DIAMETERS OF THREE-CONDUCTOR PORTABLE POWER CABLES WITH

TOLERANCES IN INCHES601 TO 5,000 VOLTS
Type G-GC (non- Type SHC-GC Type SHD-GC (indi- Type SHD-GC (indi-
shielded) 2,000 volts (shielded overall) vidually shielded vidually shielded
2,000 volts power conductors) power conductors)
2,0013,000 volts 3,0015,000 volts
Conductor sizeAWG or MCM Di- Di-
ame- Tolerance Di- Di-
ame- Tolerance
ter ame- Tolerance ame- Tolerance
ter ter ter
6 .................................................... 1.25 +0.10, 1.39 +0.11, 1.62 +0.13, 1.78 +0.14,

0.06 0.07 0.08 0.09
4 .................................................... 1.40 +.11, .07 1.55 +.12, .08 1.77 +.14, .09 1.90 +.15, .10
3 .................................................... 1.48 +.12, .07 1.62 +.13, .08 1.84 +.15, .09 1.98 +.16, .10
2 .................................................... 1.55 +.12, .08 1.71 +.14, .09 1.92 +.15, .10 2.09 +.17, .11
1 .................................................... 1.74 +.14, .09 1.89 +.15, .09 2.04 +.16, .10 2.18 +.17, .11
1/0 ................................................. 1.84 +.15, .09 2.02 +.16, .10 2.18 +.17, .11 2.34 +.19, .12
2/0 ................................................. 1.99 +.16, .10 2.16 +.17, .11 2.29 +.18, .12 2.46 +.20, .12
3/0 ................................................. 2.12 +.17, .11 2.30 +.18, .11 2.45 +.20, .12 2.62 +.21, .13
4/0 ................................................. 2.30 +.18, .12 2.48 +.20, .12 2.62 +.21, .13 2.76 +.22, .14
250 ................................................ 2.46 +.20, .12 2.70 +.22, .13 .......... .................... .......... ....................
300 ................................................ 2.63 +.21, .13 2.84 +.23, .14 .......... .................... .......... ....................
350 ................................................ 2.75 +.22, .14 2.97 +.24, .15 .......... .................... .......... ....................
TABLE 8FUSE RATINGS OR INSTANTANEOUS SETTING OF CIRCUIT BREAKERS FOR SHORT-CIRCUIT

PROTECTION OF PORTABLE CABLES AND CORDS
Maximum allowable circuit
Conductor sizeAWG or Maximum allowable fuse rating
Ohms/1,000 ft. at 25 C. breaker instantaneous setting
MCM (amperes) (amperes) 1
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
134
Mine Safety and Health Admin., Labor Pt. 18, Subpt. D, App. I
TABLE 8FUSE RATINGS OR INSTANTANEOUS SETTING OF CIRCUIT BREAKERS FOR SHORT-CIRCUIT

PROTECTION OF PORTABLE CABLES AND CORDSContinued
Maximum allowable circuit
Conductor sizeAWG or Maximum allowable fuse rating
Ohms/1,000 ft. at 25 C. breaker instantaneous setting
MCM (amperes) (amperes) 1
1 ........................................... .129 375 1,000

1/0 ........................................ .102 500 1,250
2/0 ........................................ .081 .................................................. 1,500
3/0 ........................................ .064 .................................................. 2,000
4/0 ........................................ .051 .................................................. 2,500
250 ....................................... .043 .................................................. 2,500
300 ....................................... .036 .................................................. 2,500
350 ....................................... .031 .................................................. 2,500
400 ....................................... .027 .................................................. 2,500
450 ....................................... .024 .................................................. 2,500
500 ....................................... .022 .................................................. 2,500
1 Higher circuit-breaker settings may be permitted for special applications when justified.
TABLE 9SPECIFICATIONS FOR PORTABLE CABLES LONGER THAN 500 FEET 1

Normal ampacity at 60 C.
Conductor sizeAWG or Resistance at 60 C. copper
Max. allowable length (feet) copper temperature (40 C.
MCM temperature (ohms)
ambient)
6 ........................................... 550 50 0.512

4 ........................................... 600 70 .353
3 ........................................... 650 80 .302
2 ........................................... 700 95 .258
1 ........................................... 750 110 .220
1/0 ........................................ 800 130 .185
2/0 ........................................ 850 150 .157
3/0 ........................................ 900 175 .130
4/0 ........................................ 1,000 200 .116
250 ....................................... 1,000 220 .098
300 ....................................... 1,000 240 .082
350 ....................................... 1,000 260 .070
400 ....................................... 1,000 280 .061
450 ....................................... 1,000 300 .054
500 ....................................... 1,000 320 .050
1 Fuses shall not be used for short-circuit protection of these cables. Circuit breakers shall be used with the instantaneous trip
settings not to exceed the values given in Table 8.
[33 FR 4660, Mar. 19, 1968; 33 FR 6345, Apr. 26, 1968, as amended at 42 FR 8373, Feb. 10, 1977]
TABLE 10HIGH VOLTAGE TRAILING CABLE AMPACITIES AND OUTSIDE DIAMETERS

Power conductor Ampacity * Outside diameter **
(inches)
Amperes per
Size AWG or kcmil SHDGC 2001 SHDCGC 2001 SHDPCG 2001
conductor to 5000 volts to 5000 volts to 5000 volts
6 ............................................................................ 93 1.56 1.62

4 ............................................................................ 122 1.68 1.73
3 ............................................................................ 140 1.78 1.82 1.94
2 ............................................................................ 159 1.87 1.91 2.03
1 ............................................................................ 184 1.95 1.98 2.12
1/0 ......................................................................... 211 2.08 2.10 2.26
2/0 ......................................................................... 243 2.20 2.20 2.40
3/0 ......................................................................... 279 2.36 2.36 2.58
4/0 ......................................................................... 321 2.50 2.50 2.76
250 ........................................................................ 355 2.69 2.69
300 ........................................................................ 398 2.81 2.81
350 ........................................................................ 435 2.95 2.95
500 ........................................................................ 536 3.31 3.31
* These ampacities are based on single isolated conductor in air, operated with open-circuited shield for a 90 C conductor
temperature and an ambient temperature of 40 C.
** Tolerances for the outside diameter are +8%/5%.
[75 FR 17549, Apr. 6, 2010, as amended at 75 FR 20918, Apr. 22, 2010]
135
Pt. 18, Subpt. D, App. II 30 CFR Ch. I (7115 Edition)
APPENDIX II TO SUBPART D OF PART 18

LIST OF FIGURES
Figure Title
No.
1 Typical layout drawing of a machine.

2 Sample bill of material (to accompany layout drawing shown on figure 1)
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.
FIGURE 2SAMPLE BILL OF MATERIAL

B. of M. No. llll
Date llllll
Revision
Date
1. llllll
2. llllll
3. llllll
4. llllll
5. llllll
Bill of Material (Electrical)
(Manufacturing Company)
Model: lllllllllllllllllllllllllllllllllllllllllllll
(Unit Name)
Approval 2G llllllllllllllllllllllllllllllllllllllllll
136
EC22OC91.024</GPH>
Mine Safety and Health Admin., Labor Pt. 18, Subpt. D, App. II
Motor: lllllllllllllllllllllllllllllllllllllllllllll
Frame lllllllllllllllllllllllllllllllllllllllllllll
lll Hp., lll Volts, lll Ph.,
lll Cy., lll R.P.M.
X/Pllllllllll(Date).
llllll(Date) Extension.
Starter: lllllllllllllllllllllllllllllllllllllllllllll
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
Model llllllllllllll with lll-ampere fuse.
Rail Clamps, 2.
1 Ground Clamp, Cat. No. lll
1 Return Power Conductor, Cat. No. lll
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,
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.
FIGURE 3MATERIAL TO BE INCLUDED WITH THE OPERATING INSTRUCTIONSON OR WITH THE
WIRING DIAGRAM SUBMITTED TO EACH CUSTOMER
(SOMETIMES REFERRED TO AS CAUTION STATEMENT)
CAUTION
To retain permissibility of this equipment the following conditions shall be satisfied:

1. General safety. Frequent inspection shall be made. All electrical parts, including the port-
able cable and wiring, shall be kept in a safe condition. There shall be no openings into the
casings of the electrical parts. A permissible distribution box shall be used for connection to
the power circuit unless connection is made in fresh intake air. To maintain the overload
protection on direct-current machines, the ungrounded conductor of the portable cable shall
be connected to the proper terminal. The machine frame shall be effectively grounded. The
137
Pt. 18, Subpt. D, App. II 30 CFR Ch. I (7115 Edition)
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).
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.
FIGURE 4SAMPLE FACTORY INSPECTION FORM

Date llllll
Inspector llllllllllll
MACHINE
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
nut and stuffing box? lllllllllllllllllllllllllllllllllllll

Are lockwashers (or equivalent) provided for all explosion-proof enclosure fastenings? llll
Are all plane joints securely fastened so that an 0.005-inch feeler gage cannot be inserted? ll
Are all threaded covers secured? llllllllllllllllllllllllllllllll
How? llllllllllllllllllllllllllllllllllllllllllllll
Are all electrical connections secure lllland properly insulated where necessary? llll
NOTE: Add appropriate material for each explosion-proof enclosure when more than a motor
and starter are on a machine.
138
EC22OC91.019</GPH>
EC22OC91.018</GPH>
FR 8373, Feb. 10, 1977; 42 FR 25855, May 20, EC22OC91.017</GPH>
1977]
Subpart EField Approval of Elec-

trically Operated Mining
Equipment
EC22OC91.015</GPH> EC22OC91.016</GPH>
SOURCE: 36 FR 7007, Apr. 13, 1971, unless

otherwise noted.
18.90 Purpose.
The regulations of this subpart E set

forth the procedures and requirements
139
EC22OC91.014</GPH>
18.91 30 CFR Ch. I (7115 Edition)
for permissibility which must be met photographs, drawings, specifications,

to obtain MSHA field approval of elec- and descriptions as required under the
trically operated machinery used or in- provisions of 18.94 and each such ap-
tended for use in by the last open plication shall be filed with the Coal
crosscut of a coal mine which has not Mine Health and Safety District Man-
been otherwise approved, certified or ager for the District in which such ma-
accepted under the provisions of this chine will be employed.
part 18, chapter I, title 30, Code of Fed- (b) The Coal Mine Health and Safety
eral Regulations (Bureau of Mines District Manager may, upon receipt of
Schedule 2G). any application filed pursuant to para-
graph (a) of this section, waive the re-
18.91 Electric equipment for which quirements of 18.94 with respect to
field approvals will be issued. such application if he determines that
(a) Individual field approvals will be the submission of photographs, draw-
issued by MSHA under the provisions ings, specifications, or descriptions
of this subpart E for electrically oper- will place an undue financial burden
ated machines commercially built, or upon the applicant. In the event a
constructed, by the owner-coal mine waiver is granted in accordance with
operator of such machines including this paragraph (b), initial review of the
any associated electrical equipment, application will be waived and the ap-
electrical components, and electrical plicant shall be notified on MSHA
accessories. Form 61481 of such waiver and the
(b) Approvals will not be issued under date, time, and location at which field
the provisions of this subpart E for inspection of the equipment described
electrically operated mining equip- in the application will be conducted.
ment manufactured or rebuilt pri- (c) Following receipt of an applica-
marily for sale or resale to any oper- tion filed in accordance with paragraph
ator of a coal mine, or for small elec- (a) of this section, the Coal Mine
trically operated equipment which con- Health and Safety District Manager
sumes less than 2,250 watts of elec- shall determine whether the applica-
tricity, or for instruments and other tion has been filed in accordance with
small devices which employ electric 18.91, and cause the application to be
power. reviewed by a qualified electrical rep-
resentative to determine compliance
18.92 Quality of material and design. with 18.92:
(a) Electrically operated machinery (1) If it is determined on the basis of
approved under the provisions of this the application or the data submitted
subpart E shall be rugged in construc- in accordance with 18.94 that further
tion and shall be designed to facilitate consideration of a field approval is
maintenance and inspection. warranted under this subpart E or that
(b) MSHA shall conduct field inves- the machine appears suitable and safe
tigations and, where necessary, field for its intended use, the Coal Mine
test electric machinery only where Health and Safety District Manager
such machinery is found to be con- shall advise the applicant in writing
structed of suitable materials and safe that further investigation and inspec-
for its intended use. tion of the machine will be necessary.
The notice issued by the Coal Mine
18.93 Application for field approval; Health and Safety District Manager
filing procedures. shall set forth the time and place at
(a)(1) Investigation and testing lead- which such inspection will be con-
ing to field approval shall be under- ducted and specify the location and
taken by MSHA only pursuant to indi- size of any tapped holes required to be
vidual written applications for each made by the applicant to facilitate the
machine submitted in triplicate on pressure testing of enclosures.
MSHA Form No. 61481, by the owner- (2) If it is determined on the basis of
coal mine operator of the machine. data submitted in accordance with
(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
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.
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;
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
18.97 30 CFR Ch. I (7115 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.
chine, he shall record the reasons for

[33 FR 4660, Mar. 19, 1968, as amended at 42 such disapproval and the Coal Mine
FR 8373, Feb. 10, 1977] Health and Safety District Manager
142
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-
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
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:
143
(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
and demonstrations. No one shall be probable explosion hazard if used in

present during any part of the formal gassy or dusty mine atmospheres or
investigation conducted by MSHA bodily hazard from the spilling of the
144
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
and outlet of the lamp with which it is to be

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.
145
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
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.
146
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
have not been approved are not permis- this part.

sible lamps and must not bear MSHAs (b) MSHA will consider the applica-
approval plate. tion and inspect the drawings and parts
147
Pt. 20 30 CFR Ch. I (7115 Edition)
to determine whether it will be nec- (b) This part supersedes Schedule

essary to make any tests. 10B, issued under date of June 1, 1932,
(c) If no tests are necessary, the ap- and Schedule 11A, issued under date of
plicant will be advised of the approval January 13, 1936, and goes into effect
or disapproval of the change by letter May 17, 1938.
from MSHA. (c)(1) Electric lamps and flashlights
(d) If tests are judged necessary, the that meet the requirements set forth in
applicant will be advised of the mate- this part will be termed permissible
rial that will be required. by MSHA, and if actively marketed
[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as will be listed as such in publications
amended by Supp. 1, 20 FR 2718, Apr. 23, 1955; relating to permissible equipment, in
43 FR 12314, Mar. 24. 1978; 52 FR 17514, May 8, order that State mine inspection de-
1987; 60 FR 35693, July, 11, 1995; 68 FR 36419,
partments, compensation bureaus,
June 17, 2003; 73 FR 52211, Sept. 9, 2008]
mine operators, miners, and others in-
terested in safety equipment for mines
PART 20ELECTRIC MINE LAMPS may have information in regard to
OTHER THAN STANDARD CAP electric lamps and flashlights approved
LAMPS by MSHA.
(2) MSHA May approve electric lamps
Sec.
and flashlights that incorporate tech-
20.0 Compliance with the requirements nec-
essary for obtaining approval. nology for which the requirements of
20.1 Purpose. this part are not applicable if MSHA
20.2 Definitions. determines by testing that the electric
20.3 Application procedures and require- lamps or flashlights are as safe as
ments. those which meet the requirements of
20.4 [Reserved]
this part.
20.5 Conditions governing investigations.
20.6 General requirements. [Sched. 10C, May 17, 1938, as amended at 5 FR
20.7 Specific requirements. 3467, Aug. 30, 1940; 54 FR 30513, July 20, 1989]
20.8 Class 1 lamps.
20.9 Class 2 lamps. 20.2 Definitions.
20.10 Tests (class 1 and 2 lamps).
20.11 Material required for MSHA records. (a) Adequate. Appropriate and suffi-
20.12 How approvals are granted. cient as determined by mutual agree-
20.13 Approval plate. ment between the manufacturer and
MSHA.
changes in lamp design.
(b) Approval. Official notification in
AUTHORITY: 30 U.S.C. 957, 961. writing from MSHA to a responsible or-
SOURCE: Schedule 10C, May 17, 1938, as ganization, stating that upon inves-
amended at 5 FR 3467, Aug. 30, 1940, unless tigation its lamp has been adjudged
otherwise noted. satisfactory under the requirements of
20.0 Compliance with the require- this part.
ments necessary for obtaining ap- (c) Explosion-proof compartment. An
proval. enclosure that withstands internal ex-
To receive approval of MSHA for any plosions of methane-air mixtures with-
electric mine lamps other than stand- out damage to itself or discharge of
ard cap lamps a manufacturer must flame and without ignition of sur-
comply with the requirements specified rounding explosive methane-air mix-
in this part. tures.
(d) Permissible. Completely assembled
20.1 Purpose. and conforming in every respect with
(a) The purpose of the investigations the design formally approved by MSHA
made under this part is to aid in the under this part. (Approvals under this
development and use of electric lamps, part are given only to equipment for
other than standard cap lamps, that use in gassy and dusty mines.)
may be used in mines, especially in

[Sched. 10C, May 17, 1938, as amended by
mines that may contain dangerous pro-
Supp. 1, 20 FR 2718, Apr. 23, 1955]
portions of methane.
148
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.
(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
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
149
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 contests 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
performance in service.
glass surrounding the filament is bro-

ken. Alternatively, if the lamp is de- (2) Corrosion of battery container. The
signed and constructed of materials material of which the container is
150
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.
purposes Pittsburgh natural gas (containing (b) Photometric tests.

a high percentage of methane) is a satisfac- (c) Tests to demonstrate adequacy of
tory substitute for pure methane. mechanical strength.
151
20.11 30 CFR Ch. I (7115 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
The manufacturer shall attach, Technology Drive, Triadelphia, WV

stamp, or mold an approval plate on 26059, requesting an extension of the
the battery container or housing of original approval and describing the
152
change or changes proposed. With this 22.7 Specific requirements.

letter the manufacturer should submit 22.8 Material required for MSHA records.
a revised drawing or drawings showing 22.9 How approvals are granted.
22.10 Approval plate.
the changes in detail, and one of each 22.11 Instructions on handling future
of the changed lamp parts. changes in design.
(2) Where the applicant for approval
AUTHORITY: 30 U.S.C. 957, 961.
under part 6 of this chapter to perform, SOURCE: Schedule 8C, Oct. 31, 1935, unless
in whole or in part, the necessary test- otherwise noted.
ing and evaluation for approval of
22.0 Compliance with the require-
changes to an approved product under ments necessary for obtaining ap-
this part, the applicant must provide proval.
to MSHA as part of the approval appli-
cation: To receive approval of MSHA for any
(i) Written evidence of the labora- portable methane detectors a manufac-
torys independence and current rec- turer must comply with the require-
ognition by a laboratory accrediting ments specified in this part.
organization; 22.1 Purpose.
(ii) Complete technical explanation
of how the product complies with each (a) The purpose of investigations
requirement in the applicable MSHA under this part is to provide portable
product approval requirements; methane detectors that may be safely
(iii) Identification of components or used in mines. Lists of such detectors
features of the product that are critical will be published from time to time in
to the safety of the product; and order that State mine-inspection de-
(iv) All documentation, including partments, compensation bureaus,
drawings and specifications, as sub- mine operators, miners, and others in-
mitted to the independent laboratory terested in safe equipment for mines
by the applicant and as required by may have information in regard to per-
this part. missible methane detectors. This part
(b) MSHA will consider the applica- supersedes Schedule 8B, issued under
tion and inspect the drawings and parts date of November 17, 1926, and goes into
to determine whether it will be nec- effect October 31, 1935.
essary to make any tests. (b) Any methane detector that meets
(c) If no tests are necessary, the ap- the requirements set forth in this part
plicant will be advised of the accept- will be termed permissible by MSHA
ance or rejection of the proposed and if actively marketed will be listed
change by letter from MSHA. as such in publications relating to per-
(d) If tests are judged necessary, the missible mining equipment.
applicant will be advised of the mate-
rial that will be required. 22.2 Definitions.
(a) Methane detector. A methane de-
[Sched. 10C, May 17, 1938, as amended by
Supp. 1, 20 FR 2719, Apr. 23, 1955; 43 FR 12314,
tector is a device that may be used to
Mar. 24, 1978; 52 FR 17514, May 8, 1987; 60 FR detect the presence of methane in a
35693, July, 11, 1995; 68 FR 36420, June 17, 2003; gassy mine.
73 FR 52212, Sept. 9, 2008] (b) Methane-indicating detector. A
methane-indicating detector is a device
PART 22PORTABLE METHANE that will show, within certain limits of
DETECTORS error, on an adequate scale, the per-
centage of methane in a gassy atmos-
Sec.
phere.
22.0 Compliance with the requirements nec- (c) Permissible. Completely assembled
essary for obtaining approval. and conforming in every respect with
22.1 Purpose. the design formally approved by MSHA
22.2 Definitions. under this part. (Approvals under this
22.3 [Reserved] part are given only to equipment for
22.4 Application procedures and require- use in gassy and dusty mines.)
ments.
22.5 Conditions governing investigations. [Sched. 8C, Oct. 31, 1955, as amended by Supp.
22.6 General requirements. 1, 20 FR 2575, Apr. 19, 1955]
153
22.3 [Reserved] the construction of the device and the

materials of which it is made, should
22.4 Application procedures and re- be forwarded prepaid to the U.S. De-
quirements. partment of Labor, Mine Safety and
(a) Before MSHA will undertake an Health Administration, Approval and
active investigation leading to ap- Certification Center, 765 Technology
proval of any methane detector, the ap- Drive, Triadelphia, WV 26059, at the
plicant shall make application by let- time the application for tests is made.
ter for an investigation leading to ap- (b) When this has been inspected by
proval of the detector. This application MSHA, the applicant will be notified as
shall be sent to: U.S. Department of to the amount of material that will be
Labor, Mine Safety and Health Admin- required for the tests. The manufac-
istration, Approval and Certification turer will be notified of the date on
Center, 765 Technology Drive, which the tests will be started and will
Triadelphia, WV 26059, together with be given an opportunity to witness the
the required drawings, one complete tests.
detector, and instructions for its oper- (c) Observers at formal investigations
ation. Fees calculated in accordance and demonstrations. No one shall be
with part 5 of this title shall be sub- present during any part of the formal
mitted in accordance with 5.40. investigation conducted by MSHA
(b) Where the applicant for approval which leads to approval for permissi-
has used an independent laboratory bility except the necessary Govern-
under part 6 of this chapter to perform, ment personnel, representatives of the
in whole or in part, the necessary test- applicant, and such other persons as
ing and evaluation for approval under may be mutually agreed upon by the
this part, the applicant must provide applicant and MSHA. Upon granting
to MSHA as part of the approval appli- approval for permissibility, MSHA will
cation: announce that such approval has been
(1) Written evidence of the labora- granted to the device and may there-
torys independence and current rec- after conduct, from time to time in its
ognition by a laboratory accrediting discretion, public demonstrations of
organization; the tests conducted on the approved de-
(2) Complete technical explanation of vice. Those who attend any part of the
how the product complies with each re- investigation, or any public demonstra-
quirement in the applicable MSHA tion, shall be present solely as observ-
product approval requirements; ers; the conduct of the investigation
(3) Identification of components or and of any public demonstration shall
features of the product that are critical be controlled by MSHA. Results of
to the safety of the product; and chemical analyses of material and all
(4) All documentation, including information contained in the drawings,
drawings and specifications, as sub- specifications, and instructions shall
mitted to the independent laboratory be deemed confidential and their dis-
by the applicant and as required by closure will be appropriately safe-
this part. guarded by MSHA.
(c) An applicant may request testing [Sched. 8C, Oct. 31, 1935, as amended by Supp.
and evaluation to non-MSHA product 1, 20 FR 2575, Apr. 19, 1955; 43 FR 12315, Mar.
safety standards which have been de- 24, 1978; 60 FR 35694, July 11, 1995; 73 FR 52212,
termined by MSHA to be equivalent, Sept. 9, 2008]
product approval requirements under 22.6 General requirements.
this part. Methane detectors approved under
[68 FR 36420, June 17, 2003, as amended at 70 this part shall be portable. They shall
FR 46343, Aug. 9, 2005; 70 FR 48872, Aug. 22, be durable in construction, practical in
2005; 73 FR 52212, Sept. 9, 2008] operation, and suitable for service con-
ditions underground. They shall offer
22.5 Conditions governing investiga- no probable explosion hazard if used in
tions.
gaseous mine atmospheres nor any bod-

(a) One complete detector, with as- ily hazard, such as spilling of battery
sembly and detail drawings that show electrolyte. They shall exhibit under
154
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
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
(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
records of the equipment submitted. If been accepted by MSHA and are in

the detector is approved, MSHA will re- MSHAs files. Detectors exhibiting
quire the manufacturer to submit one changes in design that have not been
156
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.
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
mitted to the independent laboratory by MSHA, and if actively marketed

by the applicant and as required by will be listed as such in publications
this part. relating to permissible equipment, for
157
the information of State mine inspection 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 pering 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.
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
active investigation leading to ap- be submitted preferably at the time the

proval of any telephone or signaling de- application for test is made. These
vice, the applicant shall make applica- shall be sent prepaid to: Approval and
158
Certification Center, 765 Technology 23.6 General requirements for ap-

Drive, Triadelphia, WV 26059. proval.
(b) After the device has been in- Telephones and signaling devices
spected by MSHA, the applicant will be shall be durable in construction, prac-
notified as to the amount of material tical in operation, and suitable for con-
that he will be required to supply for ditions of underground service. They
the tests and of the date on which test- shall offer no probable explosion hazard
ing will be started. under normal operation if use in gassy
(c) Observers at formal investigations or dusty mine atmospheres.
and demonstrations. No one shall be
present during any part of the formal 23.7 Specific requirements for ap-
investigation conducted by MSHA proval.
which leads to approval for permissi- (a) The circuits external to tele-
bility except the necessary Govern- phones and signal devices shall be in-
ment personnel, representatives of the trinsically safe; that is, the electrical
applicant, and such other persons as design and construction of telephones
may be mutually agreed upon by the and signal devices shall be such that
applicant and MSHA. Upon granting neither contact between wires com-
approval for permissibility, MSHA will prising the external circuits nor con-
announce that such approval has been tact of tools or other metal objects
granted to the device and may there- with external terminals and circuits
after conduct, from time to time in its will result in electrical sparks capable
discretion, public demonstrations of of igniting explosive methane-air mix-
the tests conducted on the approved de- tures (or such mixtures with coal dust
vice. Those who attend any part of the in suspension) during normal operation
investigation, or any public demonstra- of the telephones or signal devices.
tion, shall be present solely as observ- (b) All parts which, during normal
ers; the conduct of the investigation operation, are capable of producing
and of any public demonstration shall sparks that might ignite explosive
be controlled by MSHA. Results of methane-air mixtures shall be enclosed
chemical analyses of material and all in explosion-proof compartments. All
information contained in the drawings, openings in the casings of such com-
specifications, and instructions shall partments shall be adequately pro-
be deemed confidential and their dis- tected. It is desirable that openings be
closure will be appropriately safe- as few as possible. All joints in the cas-
guarded by MSHA. ings of an explosion-proof compart-
(d) Formal tests will not be made un- ment shall be metal-to-metal so de-
less the device has been completely designed as to have a width of contact,
veloped and is in a form that can be measured along the shortest path from
marketed. the inside to the outside of the com-
(e) The results of the tests shall be partment, of not less than 1 inch if the
regarded as confidential by all present unoccupied volume (air space) in the
at the tests and shall not be made pub- compartment is more than 60 cubic
lic in any way prior to the formal ap- inches. For unoccupied volume of 60
proval of the device by MSHA. cubic inches or less, a 38-inch width of
(f) No verbal report of approval or contact will be acceptable.
disapproval will be made to the appli- (c) All bolts and screw holes shall be
cant. After MSHA has considered the blind or bottomed if the omission of
results of the inspections and tests, a a bolt or screw would otherwise leave
formal written report of the approval an opening into the compartment. An
or disapproval will be made to the ap- adequate lock or seal shall be provided
plicant by MSHA. The applicant shall to prevent tampering and exposure of
not advertise his device as being per- spark-producing parts by unauthorized
missible or approved, or as having persons.
passed the tests, prior to receipt of the (d) Battery cells shall be placed in an
formal notice of approval. explosion-proof compartment or else in
[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
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
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
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.
160
(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.
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
(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;
161
(iii) Identification of components or Subpart CTest Requirements

features of the product that are critical
27.30 Inspection.
to the safety of the product; and 27.31 Testing methods.
(iv) All documentation, including 27.32 Tests to determine performance of the
drawings and specifications, as sub- system.
mitted to the independent laboratory 27.33 Tests to determine explosion-proof
by the applicant and as required by construction.
this part. 27.34 Test for intrinsic safety.
27.35 Tests to determine life of critical com-
(b) MSHA will consider the applica- ponents and subassemblies.
tion and inspect the drawings and parts 27.36 Test for adequacy of electrical insula-
to determine whether it will be nection and clearances.
essary to make any tests. 27.37 Tests to determine adequacy of safety
(c) If no tests are necessary, and the devices for bulbs.
change meets the requirements, the ap- 27.38 Tests to determine adequacy of win-
dows and lenses.
plicant will be officially advised by 27.39 Tests to determine resistance to vibra-
MSHA that his original approval has tion.
been extended to include the change. 27.40 Test to determine resistance to dust.
(d) If tests are judged necessary, the 27.41 Tests to determine resistance to mois-
applicant will be advised of the mate- ture.
rial that will be required. In this case AUTHORITY: 30 U.S.C. 957, 961.
extension of approval will be granted SOURCE: 31 FR 10607, Aug. 9, 1966, unless
upon satisfactory completion of the otherwise noted.
tests and full compliance with the re-
quirements.
Subpart AGeneral Provisions
ed by Supp. 1, 20 FR 2975, May 4, 1955; 43 FR 27.1 Purpose.
12315, Mar. 24, 1978; 52 FR 17514, May 8, 1987; The regulations in this part set forth
68 FR 36421, June 17, 2003; 73 FR 52212, Sept. the requirements for methane-moni-
9, 2008]
toring systems or components thereof
to procure certification for their incor-
PART 27METHANE-MONITORING poration in or with permissible equip-
SYSTEMS ment that is used in gassy mines, tun-
nels, or other underground workings
Subpart AGeneral Provisions and procedures for applying for such
certification.
Sec.
27.1 Purpose. [31 FR 10607, Aug. 9, 1966, as amended at 52
27.2 Definitions. FR 17515, May 8, 1987]
27.3 Consultation.
27.2 Definitions.
27.4 Application procedures and require-
ments. As used in this part:
27.5 Letter of certification. (a) MSHA means the United States
27.6 Certification of components. Department of Labor, Mine Safety and
27.7 Certification plate or label. Health Administration.
27.8 [Reserved] (b) Applicant means an individual,
27.9 Date for conducting tests. partnership, company, corporation, as-
27.10 Conduct of investigations, tests, and sociation, or other organization that
demonstrations. designs, manufactures, or assembles
27.11 Extension of certification. and that seeks certification or prelimi-
27.12 Withdrawal of certification. nary testing of a methane-monitoring
system or component.
Subpart BConstruction and Design (c) Methane-monitoring system means a
Requirements complete assembly of one or more
27.20 Quality of material, workmanship, and methane detectors and all other com-
design. ponents required for measuring and
27.21 Methane-monitoring system. signalling the presence of methane in
27.22 Methane detector component. the atmosphere of a mine, tunnel, or

27.23 Automatic warning device. other underground workings, and shall
27.24 Power-shutoff component. include a power-shutoff component.
162
(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 mixture 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-
prevent the discharge of flame from
blies shall be constructed in accordance with

within either the enclosure or the the requirements of Part 18 of this sub-
flame arrester, or the ignition of any chapter.
163
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-
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
164
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
NOTE: If an assembly, subassembly, or under part 6 of this chapter to perform,

component fails to meet any of the require- in whole or in part, the necessary test-
ments, testing of it may be suspended and ing and evaluation for approval of
165
27.12 30 CFR Ch. I (7115 Edition)
changes to an approved product under design requirements of components or

this part, the applicant must provide subassemblies and the tests to obtain
to MSHA as part of the approval appli- the degree of protection intended by
cation: the tests described in Subpart C of this
(i) Written evidence of the labora- part.
torys independence and current rec- (b) Unless otherwise noted, the re-
ognition by a laboratory accrediting quirements stated in this part shall
organization; apply to explosion-proof enclosures and
(ii) Complete technical explanation intrinsically safe circuits.
of how the product complies with each (c) All components, subassemblies,
requirement in the applicable MSHA and assemblies shall be designed and
product approval requirements; constructed in a manner that will not
(iii) Identification of components or create an explosion or fire hazard.
features of the product that are critical (d) All assemblies or enclosuresex-
to the safety of the product; and plosion-proof or intrinsically safe
(iv) All documentation, including shall be so designed that the tempera-
drawings and specifications, as sub- tures of the external surfaces, during
mitted to the independent laboratory continuous operation, do not exceed 150
by the applicant and as required by C. (302 F.) at any point.
this part. (e) Lenses or globes shall be pro-
(b) The application will be examined tected against damage by guards or by
by MSHA to determine whether inspec- location.
tion and testing of the modified system (f) If MSHA determines that an ex-
or component or of a part will be re- plosion hazard can be created by break-
quired. MSHA will inform the appli- age of a bulb having an incandescent
cant whether testing is required and filament, the bulb mounting shall be so
the component or components and re-
constructed that the bulb will be eject-
lated material to be submitted for that
ed if the bulb glass enclosing the fila-
purpose.
ment is broken.
(c) If the proposed modification
NOTE: Other methods that provide equiva-
meets the requirements of this part, a lent protection against explosion hazards
formal extension of certification will from incandescent filaments may be consid-
be issued, accompanied by a list of re- ered satisfactory at the discretion of MSHA.
vised drawings and specifications
which MSHA has added to those al- 27.21 Methane-monitoring system.
ready on file. (a) A methane-monitoring system
[31 FR 10607, Aug. 9, 1966, as amended at 52 shall be so designed that any machine
FR 17515, May 8, 1987; 68 FR 36421, June 17, or equipment, which is controlled by
2003] the system, cannot be operated unless
the electrical components of the meth-
27.12 Withdrawal of certification.
ane-monitoring system are functioning
MSHA reserves the right to rescind normally.
for cause any certification issued under (b) A methane-monitoring system
this part. shall be rugged in construction so that
its operation will not be affected by vi-
Subpart BConstruction and bration or physical shock, such as nor-
Design Requirements mally encountered in mining oper-
ations.
27.20 Quality of material, workman- (c) Insulating materials that give off
ship, and design. flammable or explosive gases when de-
(a) MSHA will test only equipment composed shall not be used within en-
that, in its opinion, is constructed of closures where they might be subjected
suitable materials, is of good work- to destructive electrical action.
manship, is based on sound engineering (d) An enclosure shall be equipped
principles, and is safe for its intended with a lock, seal, or acceptable equiva-
use. Since all possible designs, arrange- lent when MSHA deems such protec-
ments, or combinations of components tion necessary for safety.

cannot be foreseen, MSHA reserves the (e) A component or subassembly of a
right to modify the construction and methane-monitoring system shall be
166
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
or colored light), which shall be made power-shutoff characteristic to deter-

to function automatically at a meth- mine whether the power-shutoff com-
ane content of the mine atmosphere be- ponent is functioning properly.
167
27.30 30 CFR Ch. I (7115 Edition)
Subpart CTest Requirements tuate a power shutoff at a second pre-

determined percentage of gas. (See
27.30 Inspection. 27.21, 27.22, 27.23, and 27.24.) 4
A detailed inspection shall be made (b) Field tests. MSHA reserves the
by MSHA of the equipment and all right to conduct tests, similar to those
components and functions related to stated in paragraph (a) of this section,
safety in operation, which shall in- in underground workings to verify reli-
clude: ability and durability of a methane-
(a) Examining materials, workman- monitoring system installed in connec-
ship, and design to determine conform- tion with a piece of mining equipment.
ance with paragraph (a) of 27.20.
(b) Comparing components and sub- 27.33 Test to determine explosion-
assemblies with the drawings and spec- proof construction.
ifications to verify conformance with Any assembly, subassembly, or com-
the requirements of this part. ponent which, in the opinion of MSHA,
27.31 Testing methods. requires explosion-proof construction
shall be tested in accordance with the
A methane-monitoring system shall procedures stated in part 18 of this sub-
be tested by MSHA to determine its chapter.
functional performance, and its explo-
sion-proof and other safety characteris- 27.34 Test for intrinsic safety.
tics. Since all possible designs, ar-
rangements, or combinations cannot be Assemblies, subassemblies, or compo-
foreseen, MSHA reserves the right to nents that are designed for intrinsic
make any tests or to place any limita- safety shall be tested by introducing
tions on equipment, or components or into the circuit(s) thereof a circuit-in-
subassemblies thereof, not specifically terrupting device which produces an
covered herein, to determine and as- electric spark from the current in the
sure the safety of such equipment with circuit. The circuit-interrupting device
regard to explosion and fire hazards. shall be placed in a gallery containing
various flammable natural gas-air mix-
27.32 Tests to determine perform- tures. To meet the requirements of this
ance of the system.
test, the spark shall not ignite the
(a) Laboratory tests for reliability and flammable mixture. For this test the
durability. Five hundred successful con- circuit-interrupting device shall be op-
secutive tests 2 for gas detection, alarm erated not less than 100 times at 125
action, and power shutoff in natural percent of the normal operating volt-
gas-air mixtures 3 shall be conducted to age of the particular circuit.
demonstrate acceptable performance as
to reliability and durability of a meth- 27.35 Tests to determine life of crit-
ane-monitoring system. The tests shall ical components and subassemblies.
be conducted as follows:
(1) The methane detector component Replaceable components may be sub-
shall be placed in a test gallery into jected to appropriate life tests at the
which natural gas shall be made to discretion of MSHA.
enter at various rates with sufficient
turbulence for proper mixing with the 27.36 Test for adequacy of electrical
insulation and clearances.
air in the gallery. To comply with the
requirements of this test, the detector MSHA shall examine, and test in a
shall provide an impulse to actuate an manner it deems suitable, electrical in-
alarm at a predetermined percentage of sulation and clearances between elec-
gas and also provide an impulse to ac- trical conductors to determine ade-
quacy for the intended service.
2 Normal replacements and adjustments
shall not constitute a failure.
3 Investigation has shown that, for prac-
4 At the option of MSHA, these tests will be

tical purposes, natural gas (containing a
high percentage of methane) is a satisfactory conducted with dust or moisture added to
substitute for pure methane in these tests. the atmosphere within the gallery.
168
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.
NOTE: The vibrating equipment is designed Subpart BApplication for Approval

to impart a circular motion in a plane in-
28.10 Application procedures.
clined 45 to the vertical or horizontal.
169
Subpart CApproval and Disapproval 28.2 Approved fuses.

28.20 Certificates of approval; scope of ap- (a) On and after the effective date of
proval. this part, fuses shall be considered to
28.21 Certificates of approval; contents. be approved for use with direct current
28.22 Notice of disapproval. in providing short-circuit protection
28.23 Approval labels or markings; approval for trailing cables in coal mines only
of contents; use. where such fuses are: (1) The same in
28.24 Revocation of certificates of approval. all respects as those fuses which have
28.25 Changes or modifications of approved been approved after meeting the min-
fuses; issuance of modification of certifi- imum requirements for performance
cate of approval. and short-circuit protection prescribed
in this part 28; and (2) maintained in an
Subpart DQuality Control
approved condition.
28.30 Quality control plans; filing require-
ments. 28.3 Installation, use, and mainte-
28.31 Quality control plans; contents. nance of approved fuses.
28.32 Proposed quality control plans; ap- Approved fuses shall be installed and
proval by MSHA. maintained in accordance with the
28.33 Quality control test methods, equip- specifications prescribed by the manu-
ment, and records; review by MSHA: rev- facturer of the fuses, and shall be se-
ocation of approval.
lected and used in accordance with the
standards prescribed for short-circuit
Subpart EConstruction, Performance and
protective devices for trailing cables in
Testing Requirements
parts 75 and 77, subchapter O of this
28.40 Construction and performance require- chapter.
ments; general.
28.41 Testing requirements; general. 28.4 Definitions.
AUTHORITY: 30 U.S.C. 957, 961. As used in this part
(a) Applicant means an individual,
partnership, company, corporation, as-
otherwise noted.
sociation, or other organization that
designs, manufactures, assembles, or
Subpart AGeneral Provisions fabricates, or controls the design, man-
ufacture, assembly, or fabrication of a
28.1 Purpose. fuse, and who seeks to obtain a certifi-
The purpose of the regulations con- cate of approval for such fuse.
tained in this part 28 is: (a) To estab- (b) Approval means a certificate or
lish procedures and prescribe require- formal document issued by MSHA stat-
ments which must be met in filing ap- ing that an individual fuse or combina-
plications for the approval of fuses for tion of fuses has met the minimum re-
use with direct current in providing quirements of this part 28, and that the
short-circuit protection for trailing ca- applicant is authorized to use and at-
bles in coal mines, or the approval of tach an approval label or other equiva-
changes or modifications of approved lent marking to any fuse manufac-
fuses; (b) to specify minimum perform- tured, assembled, or fabricated in con-
ance requirements and to prescribe formance with the plans and specifica-
methods to be employed in conducting tions upon which the approval was
inspections, examinations, and tests to based, as evidence of such approval.
determine the effectiveness of fuses for (c) Approved means conforming to the
use with direct current in providing minimum requirements of this part 28.
short-circuit protection for trailing ca- (d) MESA means the United States
bles in coal mines; and (c) to provide Department of the Interior, Mining En-
for the issuance of certificates of ap- forcement and Safety Administration.
proval or modifications of certificates Predecessor organization to MSHA,
of approval for fuses which have met prior to March 9, 1978.
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.
170
(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
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
(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.
171
28.22 30 CFR Ch. I (7115 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
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,
(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.
172
(c) The application for modification, F15160D is available for examination

together with the examination, inspec- at the U.S. Department of Labor, Mine
tion, and test results prescribed by Safety and Health Administration, Ap-
28.10 shall be examined and evaluated proval and Certification Center, 765
by MSHA to determine if the proposed Technology Drive, Triadelphia, WV
modification meets the requirements 26059. Copies of the document may be
of this part. purchased from Information Dissemi-
(d) If the proposed modification nation (Superintendent of Documents),
meets the requirements of this part, a P.O. Box 371954, Pittsburgh, PA 15250
formal modification of approval will be 7954; Telephone: 8665121800, http://
issued, accompanied, where necessary, bookstore.gpo.gov.
by reproductions of revised approval la- (c) The sampling procedure shall in-
bels or markings. clude a list of the characteristics to be
tested by the applicant or his agent
Subpart DQuality Control and shall include but not be limited to:
28.30 Quality control plans; filing re- (1) Continuity and/or resistance de-
quirements. termination for each fuse;
(2) Carry current capability (not less
As a part of each application for ap-
than 110 percent of the rated current);
proval or modification of approval sub-
and,
mitted pursuant to this part, each ap-
plicant shall file with MSHA a pro- (3) Overload current interruption ca-
posed quality control plan which shall pability (not less than 135 percent of
be designed to assure the quality of the rated current).
short-circuit protection provided by (d) The quality control inspection
the fuse for which approval is sought. test method to be used by the applicant
or his agent for each characteristic re-
28.31 Quality control plans; contents. quired to be tested shall be described in
(a) Each quality control plan shall detail.
contain provisions for the management [37 FR 7562, Apr. 15, 1972, as amended at 43
of quality, including: FR 12316, Mar. 24, 1978; 60 FR 35694, July 11,
(1) Requirements for the production 1995; 71 FR 16666, Apr. 3, 2006; 73 FR 52212,
of quality data and the use of quality Sept. 9, 2008]
control records;
(2) Control of engineering drawings, 28.32 Proposed quality control plans;
documentations, and changes; approval by MSHA.
(3) Control and calibration of meas- (a) Each proposed quality control
uring and test equipment; plan submitted in accordance with this
(4) Control of purchased material to subpart shall be reviewed by MSHA to
include incoming inspection; determine its effectiveness in insuring
(5) Lot identification, control of the quality of short-circuit protection
processes, manufacturing, fabrication, provided by the fuse for which an ap-
and assembly work conducted in the
proval is sought.
applicants plant;
(6) Audit or final inspection of the (b) If MSHA determines that the pro-
completed product; and, posed quality control plan submitted
(7) The organizational structure nec- by the applicant will not insure ade-
essary to carry out these provisions. quate quality control, MSHA shall re-
(b) The sampling plan shall include quire the applicant to modify the pro-
inspection tests and sampling proce- cedures and testing requirements of
dures developed in accordance with the plan prior to approval of the plan
Military Specification MIL-F-15160D, and issuance of any certificate of ap-
Fuses; Instrument, Power, and Tele- proval.
phone (which is hereby incorporated (c) Approved quality control plans
by reference and made a part hereof), shall constitute a part of and be incor-
Group A tests and Group B tests, ex- porated into any certificate of approval
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
28.33 30 CFR Ch. I (7115 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
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.
174
(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-
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.
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]
175
33.3 Consultation. (2) Where the applicant for approval

By appointment, applicants or their has used an independent laboratory
representatives may visit the U.S. De- under part 6 of this chapter to perform,
partment of Labor, Mine Safety and in whole or in part, the necessary test-
Health Administration, Approval and ing and evaluation for approval under
Certification Center, 765 Technology this part, the applicant must provide
Drive, Triadelphia, WV 26059, to discuss to MSHA as part of the approval appli-
with MSHA personnel proposed designs cation:
of equipment to be submitted in ac- (i) Written evidence of the labora-
cordance with the regulations of this torys independence and current rec-
part. No charge is made for such con- ognition by a laboratory accrediting
sultation and no written report thereof organization;
will be made to the applicant. (ii) Complete technical explanation
[70 FR 46343, Aug. 9, 2005, as amended at 73
of how the product complies with each
FR 52213, Sept. 9, 2008] requirement in the applicable MSHA
product approval requirements;
33.4 Types of dust collectors for (iii) Identification of components or
which certificates of approval may features of the product that are critical
be granted. to the safety of the product; and
(a) Certificates of approval will be (iv) All documentation, including
granted only for completely assembled drawings and specifications, as sub-
dust-collector or combination units; mitted to the independent laboratory
parts or subassemblies will not be ap- by the applicant and as required by
proved. this part.
(b) The following types of equipment (3) An applicant may request testing
may be approved: Dust-collector or and evaluation to non-MSHA product
combination units having components safety standards which have been de-
designed specifically to prevent dis- termined by MSHA to be equivalent,
semination of airborne dust generated under 6.20 of this chapter, to MSHAs
by drilling into coal-mine rock strata product approval requirements under
in concentrations in excess of those this part.
hereinafter stated in 33.33 as allow-
(b) The application shall specify the
able, and to confine or control the col-
operating conditions (see 33.22) for
lected dust in such manner that it may
which certification is requested.
be removed or disposed of without dis-
semination into the mine atmosphere (c) Shipment of the equipment to be
in quantities that would create tested shall be deferred until MSHA
unhygienic conditions. has notified the applicant that the ap-
plication will be accepted. Shipping in-
33.5 [Reserved] structions will be issued by MSHA and
shipping charges shall be prepaid by
33.6 Application procedures and re- the applicant. Upon completion of the
quirements. investigation and notification thereof
(a)(1) No investigation or testing for to the applicant by MSHA, the appli-
certification will be undertaken by cant shall remove his equipment
MSHA except pursuant to a written ap- promptly from the test site (see 33.30).
plication (except as provided in para- (d) Drawings and specifications shall
graph (e) of this section), accompanied be adequate in number and detail to
by all prescribed drawings, specifica- identify fully the design of the unit or
tions, and related materials. The appli- system and to disclose its materials
cation and all related matters and cor- and detailed dimensions of all compo-
respondence shall be addressed to: U.S. nent parts. Drawings must be num-
Department of Labor, Mine Safety and bered and dated to insure accurate
Health Administration, Approval and identification and reference to records,
Certification Center, 765 Technology and must show the latest revision.
Drive, Triadelphia, WV 26059. Fees cal- Specifications and drawings, including
culated in accordance with part 5 of a complete assembly drawing with each

this title shall be submitted in accord- part that affects dust collection identi-
ance with 5.40. fied thereon, shall include:
176
(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
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.
177
(b) When requested by MSHA, the ap- 33.10 Certificates of approval or per-
plicant shall provide assistance in dis- formance.
assembling parts for inspection, pre-
(a) Upon completion of an investiga-
paring parts for testing, and operating
combination units. tion, MSHA will issue to the applicant
either a certificate or a written notice
[Sched. 25B, 25 FR 6473, July 9, 1960, as of disapproval, as they case may re-
amended at 39 FR 24005, June 28, 1974] quire. No informal notification of ap-
33.9 Certification of dust-collecting proval will be issued. If a certificate is
systems. issued, no test data or detailed results
Manufacturers of dust-collecting sys- of tests will accompany it. If a notice
tems that are designed for integral use of disapproval is issued, it will be ac-
on machines with drilling equipment companied by details of the defects,
may apply to MSHA to issue a certifi- with a view to possible correction.
cate of performance for such systems. MSHA will not disclose, except to the
To qualify for a certificate of perform- applicant, any information on a unit or
ance, the dust-collecting system shall system upon which a notice of dis-
have met satisfactorily the test re- approval has been issued.
quirements of subpart C under specified (b) A certificate will be accompanied
operating conditions, such as type of by a list of the drawings and specifica-
drilling equipment, drilling speed, and tions covering the details of design and
power requirements and the construc- construction of the unit or system, in-
tion thereof shall be adequately cov- cluding the electrical parts, if applica-
ered by specifications and drawings of- ble, upon which the certificate is based.
ficially recorded and filed with MSHA. Applicants shall keep exact duplicates
Individual parts of dust-collecting sys-
of the drawings and specifications sub-
tems will not be certified for perform-
mitted and the list of drawing numbers
ance. Certificates of performance may
be cited to fabricators of combination referred to in 33.6(d)(1) that relate to
units as evidence that further inspec- the certified unit or system, and these
tion and testing of the dust-collecting are to be adhered to exactly in produc-
system will not be required, provided tion.
the dust-collecting requirements of the
drilling equipment do not exceed the 33.11 Approval plates.
limits of performance for which the (a) A certificate of approval will be
system was certified. Since MSHA does accompanied by a photograph of a de-
not sanction the use of the words per- sign for an approval plate, bearing the
missible or approved except as ap- emblem of the Mine Safety and Health
plying to completely assembled equip- Administration, the name of the appli-
ment, dust-collecting systems, which cant, the name of the unit, the ap-
have been certified only as to perform- proval number or space for the ap-
ance, shall not be advertised or labeled proval number (or numbers if permissi-
in a manner inferring that such sys- bility of electrical parts is involved),
tems themselves are permissible or ap- spaces for the type and the serial num-
proved by MSHA. However, a certified
bers of the unit, conditions of approval,
system may be advertised as suitable
and identifying numbers of the dust-
for use on combination units for which
collector parts. When deemed nec-
certification may be desired if the lim-
its of its performance are cited. Cer- essary by MSHA, an appropriate state-
tified dust-collecting systems shall ment shall be added, giving the pre-
bear labels or tags which shall contain cautions to be observed in maintaining
the following: Performance-tested the unit in an approved condition.
Dust Collecting, System, MSHA File (b) An approval plate for a unit de-
No. P/Tllll, and name of manufac- signed for use in a nongassy coal mine
turer, identifying numbers of the dust- shall state that any electrical parts are
collector parts, and description of the not certified for use in a gassy coal
mine. (See 33.38(c).)
limitations for which performance is

certified. MSHA will assign a P/T file (c) The applicant shall reproduce the
number in the certification letter. design either as a separate plate or by
178
stamping or molding it in some suit- (ii) Complete technical explanation

able place on each unit to which it re- of how the product complies with each
lates. The size, type, and method of at- requirement in the applicable MSHA
taching and location of an approval product approval requirements;
plate are subject to the approval of (iii) Identification of components or
MSHA. The method of affixing the features of the product that are critical
plate shall not impair the dust-collec- to the safety of the product; and
tion or explosion-proof features of the (iv) All documentation, including
unit. drawings and specifications, as sub-
(d) The approval plate identifies the mitted to the independent laboratory
unit, to which it is attached, as permis- by the applicant and as required by
sible, and is the applicants guarantee this part.
that the unit complies with the re-
(b) The application will be examined
quirements of this part. Without an ap-
by MSHA to determine whether inspec-
proval plate, no unit has the status of
permissible under the provisions of tion and testing will be required. Test-
this part. ing will be necessary if there is a possi-
(e) Use of the approval plate obli- bility that the modification may affect
gates the applicant to whom the cer- adversely the performance of the unit
tificate of approval was granted to or system. MSHA will inform the appli-
maintain the quality of each unit bear- cant whether such testing is required
ing it and guarantees that it is manu- and the components or materials to be
factured and assembled according to submitted for that purpose.
the drawings and specifications upon (c) If the proposed modification
which a certificate of approval was meets the requirements of this part
based. Use of the approval plate is not and part 18 of subchapter D of this
authorized except on units that con- chapter (Bureau of Mines Schedule 2,
form strictly with the drawings and revised, the current revision of which
specifications upon which the certifi- is Schedule 2F) if applicable, a formal
cate of approval was based. extension of certification will be
issued, accompanied by a list of new
[Sched. 25B, 25 FR 6473, July 9, 1960, as
amended at 43 FR 12317, Mar. 24, 1978] and corrected drawings and specifica-
tions to be added to those already on
33.12 Changes after certification. file as the basis for the extension of
If an applicant desires to change any certification.
feature of a certified unit or system, he [Sched. 25B, 25 FR 6473, July 9, 1960, as
shall first obtain MSHAs approval of amended at 52 FR 17515, May 8, 1987; 68 FR
the change, pursuant to the following 36422, June 17, 2003]
procedure:
(a)(1) Application shall be made as 33.13 Withdrawal of certification.
for an original certificate, requesting MSHA reserves the right to rescind
that the existing certification be ex- for cause, at any time, any certifi-
tended to cover the proposed changes, cation granted under this part.
and shall be accompanied by drawings,
specifications, and related data show-
ing the changes in detail. Subpart BDust-Collector
(2) Where the applicant for approval Requirements
under part 6 of this chapter to perform, 33.20 Design and construction.
in whole or in part, the necessary test- (a) MSHA will not test or investigate
ing and evaluation for approval of any dust collector that in its opinion is
changes to an approved product under not constructed of suitable materials,
this part, the applicant must provide that evidences faulty workmanship, or
to MSHA as part of the approval appli- that is not designed upon sound engi-
cation: neering principles. Since all possible
(i) Written evidence of the labora- designs, arrangements, or combina-
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
179
33.21 30 CFR Ch. I (7115 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-
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
180
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
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.
181
33.38 30 CFR Ch. I (7115 Edition)
(c) Down drilling: Drilling shall be 35.9 Certificates of approval.

done in typical mine floor strata with 35.10 Approval labels or markings.
a pneumatic percussion-type drill. Five 35.11 Material required for record.
holes shall be drilled vertically and 35.12 Changes after certification.
five holes shall be drilled at an angle. 35.13 Withdrawal of certification.
(d) At MSHAs discretion drilling in
Subpart BTest Requirements
on site strata may be acceptable in
lieu of strata requirements in para- 35.20 Autogenous-ignition temperature test.
graphs (a), (b), and (c) of this section. 35.21 Temperature-pressure spray-ignition
(See 33.20(a).) test.
35.22 Test to determine effect of evapo-
33.38 Electrical parts. ration on flammability.
35.23 Performance required for certifi-
(a) Units with electrical parts and de- cation.
signed to operate as electric face equip-
ment (see definition, 45.441 of this AUTHORITY: 30 U.S.C. 957, 961.
chapter) in gassy coal mines shall meet SOURCE: Schedule 30, 24 FR 10201, Dec. 17,
the requirements of part 18 of sub- 1959, unless otherwise noted.
chapter D of this chapter (Bureau of
Mines Schedule 2, revised, the current Subpart AGeneral Provisions
revision of which is Schedule 2F), and
the examination and testing of the 35.1 Purpose.
electrical parts shall be entirely sepa-
The regulations in this part set forth
rate from the examination and testing
the requirements for fire-resistant hy-
of dust-collecting equipment as such.
(b) Units with electrical parts de- draulic fluids and concentrates for the
signed to operate only outby the last production thereof to procure their cer-
open crosscut in a gassy coal-mine tification as approved for use in ma-
entry, room, or other opening (includ- chines and devices that are operated in
ing electric-drive units with their con- coal mines and procedures for applying
trols and push buttons) are not re- for such certification.
quired to comply with the provisions of [Sched. 30, 24 FR 10201, Dec. 17, 1959, as
part 18 of subchapter D of this chapter amended at 52 FR 17515, May 8, 1987]
(Bureau of Mines Schedule 2, revised,
the current revision of which is Sched- 35.2 Definitions.
ule 2F). As used in this part
(c) Units with electrical parts and de- (a) Permissible, as applied to hydraulic
signed for operation only in nongassy fluids, means that the fluid conforms
coal mines are not required to comply to the requirements of this part, and
with the provisions of part 18 of sub- that a certificate of approval to that
chapter D of this chapter (Bureau of effect has been issued.
Mines Schedule 2, revised, the current (b) MSHA means the United States
revision of which is Schedule 2F). (See Department of Labor, Mine Safety and
33.11(b).) Health Administration.
(c) Certificate of approval means a for-
PART 35FIRE-RESISTANT mal document issued by MESA stating
HYDRAULIC FLUIDS that the fluid has met the require-
ments of this part for fire-resistant hy-
Subpart AGeneral Provisions draulic fluids and authorizing the use
of an official identifying marking so
Sec.
35.1 Purpose. indicating.
35.2 Definitions. (d) Fire-resistant hydraulic fluid means
35.3 Consultation. a fluid of such chemical composition
35.4 Types of hydraulic fluid for which cer- and physical characteristics that it
tificates of approval may be granted. will resist the propagation of flame.
35.5 [Reserved] (e) Concentrate means a substance in
35.6 Application procedures and require-
ments. concentrated form that might not be
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
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 proof 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
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-
ed for completely compounded or
mixed fluids and not for individual in-
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
vehicle content in percent by weight or
rials. The application and all related

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
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 actions, 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-
quired for testing must be delivered cate of approval or a written notice of

(charges prepaid) to: U.S. Department disapproval as the case may require.
of Labor, Mine Safety and Health Ad- No informal notification of approval
184
will be issued. If a certificate of ap- (d) Appropriate instructions and cau-

proval is issued, no test data or de- tion statements on the handling of the
tailed results of tests will accompany hydraulic fluid or concentrate shall be
it. If a notice of disapproval is issued, included on the approval label or
it will be accompanied by details of the marking.
defect(s), with a view to possible cor- (e) Use of MSHAs approval label or
rection. MSHA will not disclose, except marking obligates the applicant to
to the applicant, any information on a whom the certificate of approval was
fluid upon which a notice of dis- granted to maintain the fire-resistant
approval has been issued. characteristics of the hydraulic fluid
(b) A certificate of approval will be and guarantees that it is manufactured
accompanied by a list of specifications according to the specifications upon
covering the characteristics of a hy- which the certificate of approval was
draulic fluid upon which the certificate based. Use of the approval label or
of approval is based. In addition to the marking is not authorized except on
applicants record of control in main- containers of hydraulic fluids that con-
taining the fire-resistant characteris- form strictly with the specifications
tics, applicants shall keep exact dupli- and characteristics upon which the cer-
cates of the specifications that have tificate of approval was based.
been submitted to MSHA and that re-
late to any fluid which has received a [Sched. 30, 24 FR 10201, Dec. 17, 1959, as
certificate of approval; and these are to amended at 43 FR 12317, Mar. 24, 1978]
be adhered to exactly in production of
35.11 Material required for record.
the certified fluid for commercial pur-
poses. MSHA may retain for record all or
part of the material submitted for test-
35.10 Approval labels or markings. ing. Any material that MSHA does not
(a) A certificate of approval will be require will be returned to the appli-
accompanied by a photograph of a de- cant at his expense upon receipt of his
sign for an approval label or marking, written request and shipping instruc-
which shall bear the emblem of the tions not more than 6 months after the
Mine Safety and Health Administra- termination or completion of the tests.
tion and shall be inscribed substan- Thereafter MSHA will dispose of such
tially as follows: surplus material as it deems appro-
priate.
PERMISSIBLE FIRE-RESISTANT HYDRAULIC
FLUID 35.12 Changes after certification.
MSHA Approval No. lllllllllllll If an applicant desires to change any
Issued to llllllllllllllllll specification or characteristic of a cer-
(Name of Applicant) tified hydraulic fluid, he shall first ob-
(b) A label so inscribed shall be attain MSHAs approval of the change,
tached to each fluid container in such pursuant to the following procedures:
a manner that it cannot be easily re- (a)(1) Application shall be made, as
moved or containers may be so marked for an original certificate of approval,
with a metal stencil. The letters and requesting that the existing certifi-
numbers shall be at least 12 inch in cation be extended to cover the pro-
height and of a color which contrasts posed change. The application shall be
with that of the container. accompanied by specifications and re-
(c) For a concentrate the label or lated material as in the case of an
marking shall clearly indicate that the original application.
certification thereof applies only when (2) Where the applicant for approval
the concentrate is used in exact con- has used an independent laboratory
formance with the instructions on such under part 6 of this chapter to perform,
label or marking. The label or marking in whole or in part, the necessary test-
shall clearly indicate the exact amount ing and evaluation for approval of
of water or other vehicle to make the changes to an approved product under
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
35.13 30 CFR Ch. I (7115 Edition)
(i) Written evidence of the labora- (2) Thermocouples. Calibrated

torys independence and current rec- thermocouplesiron-constantan or
ognition by a laboratory accrediting chromelalumeland a potentiometer
organization; shall be used for all temperature meas-
(ii) Complete technical explanation urements.
of how the product complies with each (3) Syringe. A hypodermic syringe
requirement in the applicable MSHA (0.25 or 1 cc. capacity) equipped with a
product approval requirements; 2-inch No. 18 stainless steel needle and
(iii) Identification of components or calibrated in hundredths of a cubic cen-
features of the product that are critical timeter (0.01 cc.) shall be used to inject
to the safety of the product; and samples into the heated test flask.
(iv) All documentation, including (4) Timer. An electric timer or stop-
drawings and specifications, as sub- watch calibrated in not more than 0.2
mitted to the independent laboratory second intervals shall be used to deter-
by the applicant and as required by mine the time lag before ignition.
this part. NOTE: Time lag is the time that elapses be-
tween the instant of injection and that of ig-
(b) The application and related mate- nition of the test sample, as evidenced by
rial(s) will be examined by MSHA to flame.
determine whether testing of the modi- (5) Furnace. The furnace in which the
fied hydraulic fluid will be required. ignition-temperature test is conducted
Testing will be necessary if there is a shall consist of a refractory (alundum
possibility that the modification may or equivalent) cylinder 5 inches in in-
affect adversely the performance char- ternal diameter and 5 inches in height;
acteristics of the fluid. MSHA will in- a transite-ring top and a transite-disk
form the applicant in writing whether bottom, each of which is attached to a
such testing is required. metal cylinder. The furnace is heated
(c) If the proposed modification by three elements as follows: (i) A cir-
meets the requirements of this part, a cumferential heater embedded in the
formal extension of certification will refractory cylinder; (ii) a top or toroi-
be issued, accompanied by a list of new dal-neck heater that surrounds the
and corrected specifications to be neck of the test flask; and (iii) a flat
added to those already on file, as the base heater on which the test flask
basis for the extension of certification. rests. The temperature of each heating
element shall be controlled independ-
[Schedule 30, 24 FR 10201, Dec. 17, 1959, as
amended at 52 FR 17515, May 8, 1987; 68 FR ently by an autotransformer. Means
36422, June 17, 2003] shall be provided for applying
thermocouples at the neck, mid-sec-
35.13 Withdrawal of certification. tion, and base of the test flask, which
shall be inserted upright in the fur-
MSHA reserves the right to rescind
nace.
for cause, at any time, any certificate
(c) Test procedures(1) Temperature
of approval granted under this part.
control. Each autotransformer shall be
so adjusted that the temperature at
Subpart BTest Requirements the neck, mid-section, and base of the
test flask is uniform within 2 F. of
35.20 Autogenous-ignition tempera- the desired test temperature.
ture test.
(2) Sample injection and timing. A 0.07
(a) Purpose. The purpose of this test, cc. test sample shall be injected into
referred to hereinafter as the ignition- the heated test flask with the hypo-
temperature test, is to determine the dermic syringe, and the syringe shall
lowest autogenous-ignition tempera- be withdrawn immediately. Measure-
ture of a hydraulic fluid at atmos- ment of time shall start at the instant
pheric pressure when using the syringe- the sample is injected.
injection method. (3) Observations. (i) If flame does not
(b) Description of apparatus(1) Test result in 5 minutes or more after injec-
flask. The test flask, which is heated tion of the test sample, the sample
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
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
shall be to determine the flammability fluid.

of a hydraulic fluid when it is sprayed (d) Appraisal of tests. If the test proce-
over three different sources of ignition dures in paragraph (c) of this section
187
35.22 30 CFR Ch. I (7115 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-
pipe cleaner is attached thereto, its fore attaining a self-sustaining flame

midpoint shall be in the center of the in the test described in paragraph (c)
flame at one extreme end of the cycle. (5) of this section shall be 12 or more.
188
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.
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]
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
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
36.45 Quantity of ventilating air. pressure without damage to the enclo-

36.46 Explosion tests of intake and exhaust sure and/or flame arrester(s). Also the
systems. enclosure and/or flame arrester(s) shall
189
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
tation equipment to be submitted in 5.40.

accordance with the regulations of this (2) Where the applicant for approval
part. No charge is made for such con- has used an independent laboratory
190
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.
(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-
sel-powered transportation equipment.
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-
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
191
operation, shall be supplied by the ap- 36.9 Conduct of investigations, tests,

plicant to permit continuous operation and demonstrations.
of the equipment during test periods. If (a) Prior to the issuance of a certifi-
special tools are necessary to dis- cate of approval or a letter of certifi-
assembly any component for inspection cation, as the case may require, nec-
or test, the applicant shall furnish essary Government personnel, rep-
these with the equipment to be tested. resentatives of the applicant, and such
(f) With each application, the appli- other persons as may be mutually
cant shall submit evidence of how he agreed upon may observe the investiga-
proposes to inspect his completely as- tions or tests. MSHA shall hold as con-
sembled mobile diesel-powered trans- fidential and shall not disclose prin-
portation equipment at the place of ciples or patentable features prior to
manufacture or assembly before ship- certification, nor shall it disclose any
ment to purchasers. Ordinarily such in- details of drawings, specifications, de-
spection is recorded on a factory in- scriptions, or related materials. After
spection form and the applicant shall the issuance of a certificate of ap-
furnish to MSHA a copy of his factory proval, MSHA may conduct such public
inspection form or equivalent with his demonstrations and tests of the ap-
application. The form shall direct at- proved mobile diesel-powered transpor-
tention to the points that must be tation equipment as it deems appro-
checked to make certain that all com- priate. The conduct of all investiga-
ponents of the assembly are in proper tions, tests, and demonstrations shall
condition, complete in all respects, and be under the direction and control of
in agreement with the drawings, speci- MSHA, and any other persons shall be
fications, and descriptions filed with present only as observers, except as
noted in paragraph (b) of this section.
MSHA.
(b) When requested by MSHA, the ap-
(g) With the application, the appli- plicant shall provide assistance in dis-
cant shall furnish to MSHA complete assembling parts for inspection, pre-
instructions for operating and serv- paring parts for testing, and operating
icing his equipment. After completing equipment during the tests.
MSHAs investigation, if any revision
of the instructions is required, a re- [Sched. 31, 26 FR 645, Jan. 24, 1961, as amend-
vised copy thereof shall be submitted ed at 39 FR 24006, June 28, 1974; 61 FR 55526,
Oct. 25, 1996]
to MSHA for inclusion with the draw-
ings and specifications. 36.10 Certificate of approval.
[Sched. 31, 26 FR 645, Jan. 24, 1961, as amend- (a) Upon completion of investigation
ed at 43 FR 12318, Mar. 24, 1978; 47 FR 14696, of a complete assembly of mobile die-
Apr. 6, 1982; 60 FR 33723, June 29, 1995; 60 FR sel-powered transportation equipment,
35695, July 11, 1995; 61 FR 55526, Oct. 25, 1996; MSHA will issue to the applicant ei-
68 FR 36422, June 17, 2003; 70 FR 46344, Aug. 9, ther a certificate of approval or a writ-
2005; 73 FR 52213, Sept. 9, 2008]
ten notice of disapproval, as the case
36.7 [Reserved] may require. No informal notification
of approval will be issued. If a certifi-
36.8 Date for conducting tests. cate of approval is issued, no test data
or detailed results of tests will accom-
The date for acceptance of an appli- pany it. If a notice of disapproval is
cation will determine the order of prec- issued, it will be accompanied by de-
edence for testing when more than one tails of the defects, with a view to pos-
application is pending, and the appli- sible correction. MSHA will not dis-
cant will be notified of the date on close, except to the applicant, any in-
which tests will begin. If a complete as- formation on mobile diesel-powered
sembly, or component, or subassembly transportation equipment upon which
fails to meet any of the requirements, a notice of disapproval has been issued.
it shall lose its order of precedence. (b) A certificate of approval will be
However, if the cause of failure is cor- accompanied by a list of drawings,
rected, testing will be resumed after specifications, and related material

completing such test work as may be covering the details of design and con-
in progress. struction of equipment upon which the
192
certificate of approval is based. Appli- 36.12 Changes after certification.

cants shall keep exact duplicates of the
If an applicant desires to change any
drawings, specifications, and descrip-
feature of certified equipment, he shall
tions that relate to equipment which
first obtain MSHAs approval of the
has received a certificate of approval,
change, pursuant to the following pro-
and these are to be adhered to exactly
cedure:
in production of the certified equip-
(a)(1) Application shall be made, as
ment.
for an original certificate of approval,
(c) A certificate of approval will be
requesting that the existing certifi-
accompanied by an appropriate caution
cation be extended to cover the pro-
statement specifying the conditions to
posed change. The application shall be
be observed for operating and main-
accompanied by specifications and re-
taining the equipment and to preserve
lated material as in the case of an
its permissible status.
original application.
36.11 Approval plates. (2) Where the applicant for approval
(a) A certificate of approval will be under part 6 of this chapter to perform,
accompanied by a photograph of an ap- in whole or in part, the necessary test-
proval plate, bearing the emblem of the ing and evaluation for approval of
Mine Safety and Health Administra- changes to an approved product under
tion and spaces for the approval num- this part, the applicant must provide
ber, the type, the serial number, and to MSHA as part of the approval appli-
ventilation requirement; the name of cation:
the complete assembly; and the name (i) Written evidence of the labora-
of the applicant. torys independence and current rec-
(b) The applicant shall reproduce the ognition by a laboratory accrediting
design as a separate plate, which shall organization;
be attached, in a suitable place, on (ii) Complete technical explanation
each complete assembly to which it re- of how the product complies with each
lates. The size, type, and method of at- requirement in the applicable MSHA
taching and location of an approval product approval requirements;
plate are subject to MSHAs approval.
(iii) Identification of components or
The method of affixing the approval features of the product that are critical
plate shall not impair the permissi- to the safety of the product; and
bility (explosion-proof) features of the
(iv) All documentation, including
complete assembly of mobile diesel-
drawings and specifications, as sub-
powered transportation equipment.
mitted to the independent laboratory
(c) The approval plate identifies the by the applicant and as required by
equipment, to which it is attached, as this part.
permissible and is the applicants guar-
(b) The application will be examined
antee that the equipment complies by MSHA to determine whether inspec-
with the requirements of this part. tion and testing of the modified equip-
Without an approval plate no equipment or component or subassembly
ment is considered permissible under will be required. Testing will be nec-
the provisions of this part. essary if there is a possibility that the
(d) Use of the approval plate obli- modification may affect adversely the
gates the applicant to whom the cer- performance of the equipment. MSHA
tificate of approval was granted to will inform the applicant whether such
maintain in his plant the quality of testing is required and the component,
each complete assembly bearing it and subassembly, and related material to
guarantees that it is manufactured and be submitted for that purpose.
assembled according to the drawings, (c) If the proposed modification
specifications, and descriptions upon meets the requirements of this part, a
which a certificate of approval was formal extension of certification will
based.
be issued, accompanied by a list of new

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amend- and corrected drawings and specifica-
ed at 43 FR 12318, Mar. 24, 1978] tions to be added to those already on
193
36.13 30 CFR Ch. I (7115 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]
36.13 Withdrawal of certification. 36.22 Fuel-injection system.

MSHA reserves the right to rescind This system shall be so constructed
for cause any certificate of approval that the quantity of fuel injected can
granted under this part. be controlled at a desired maximum
value and shall be so arranged that this
Subpart BConstruction and adjustment can be changed only after
Design Requirements breaking a seal or unlocking a com-
partment. Provision shall be made for
36.20 Quality of material, workman- convenient adjustment of the max-
ship, and design. imum fuel-injection rate to that re-
(a) MSHA will test only equipment quired for safe operation at different
that in the opinion of its qualified rep- altitudes (elevations above sea level).
The governor, controlling engine speed
resentatives is constructed of suitable
and fuel injection, shall not directly af-
materials, is of good quality workman-
fect airflow to the engine and provision
ship, based on sound engineering prin-
shall be made to seal or lock its adjust-
ciples, and is safe for its intended use.
ment compartment. Filters shall be
Since all possible designs, arrange-
provided to insure that only clean fuel
ments, or combinations of components
will reach the injection pump or
and materials cannot be foreseen,
injectors.
MSHA reserves the right to modify the
construction and design requirements 36.23 Engine intake system.
of subassemblies or components and
(a) Construction. The intake system
tests thereof to obtain the same degree
(exclusive of the air cleaner) shall be
of protection as provided by the tests
designed to withstand an internal pres-
described in subpart C of this part.
sure equal to 4 times the maximum
(b) The quality of material, work-
pressure observed in explosion tests,
manship, and design shall conform to
which are described in 36.46, or a pres-
the requirements of 7.98(q) of this
sure of 125 pounds per square inch,
chapter.
whichever is the lesser. Joints in the
(c) Power packages approved under
intake system shall be formed by metal
part 7, subpart F of this chapter are flanges fitted with metal or metal-clad
considered to be acceptable for use in gaskets, positively positioned by
equipment submitted for approval through bolts or other suitable means
under this part. Sections 36.21 through for secure assembly, or shall meet the
36.26 (except 36.25(f)) and 36.43 requirements for flanged metal-to-
through 36.48 are not applicable to metal flame-proof joints as required in
equipment utilizing part 7, subpart F 36.20(b). Either type of joint shall
power packages, since these require- withstand repeated explosions within
ments have already been satisfied. the intake system without permanent
[Sched. 31, 26 FR 645, Jan. 24, 1961, as amend- deformation and shall prevent the
ed at 61 FR 55526, Oct. 25, 1996] propagation of flame through the joint
into a surrounding flammable mixture.
36.21 Engine for equipment consid- (b) Intake flame arrester. (1) The in-
ered for certification. take system shall include a flame ar-
Only equipment powered by a com- rester that will prevent an explosion
pression-ignition (diesel) engine and within the system from propagating to
burning diesel fuel will be considered a surrounding flammable mixture. This
for approval and certification. The flame arrester shall be between the air
starting mechanism shall be actuated cleaner and the intake manifold and
pneumatically, hydraulically, or by shall be attached so that it may be re-

other methods acceptable to MSHA. moved for inspecting, cleaning, or re-
Electric starting shall not be accepted. pairing. Its construction shall be such
194
that it may be cleaned readily. The 36.24 Engine joints.

flame arrester shall be of rugged con- (a) Cylinder head. The joint between
struction to withstand the effects of re- the cylinder head and block of the en-
peated explosions within the intake gine shall be fitted with a metal or
system, and the material of construc- metal-clad gasket satisfactory to
tion shall resist deterioration in serv- MSHA held securely in position by
ice. It shall be so mounted in the equip- through bolts or other suitable means
ment assembly that it is protected to prevent a change in alignment. This
from accidental external damage. joint shall provide an adequate flame
(2) The parts of any flame arrester barrier with the gasket in place.
shall be positively positioned to (b) Valve guides. Valve guides shall be
produce a flame path that will arrest long enough to form an adequate flame
the propagation of an explosion and barrier along the valve stem.
shall be so designed that improper as- (c) Gaskets. All metal or metal-clad
sembly is impossible. In flame arrest- gaskets shall maintain their tightness
during repeated explosions within the
ers of the spaced-plate type, the thick-
engine and its intake and exhaust sys-
ness of the plates shall be at least 0.125
tems to prevent the propagation of
inch; spacing between the plates shall flame.
not exceed 0.018 inch; and the plates
forming the flame path shall be at 36.25 Engine exhaust system.
least 1 inch wide. The unsupported (a) Construction. The exhaust system
length of the plates shall be short of the engine shall be designed to with-
enough that deformation during the ex- stand an internal pressure equal to 4
plosion tests shall not exceed 0.002 times the maximum pressure observed
inch. Corrosion-resistant metal shall in explosion tests, which are described
be used to construct flame arresters. in 36.46, or a pressure of 125 pounds per
(c) Air shutoff valve. The intake sys- square inch, whichever is the lesser.
tem shall include a valve, operable The system shall withstand repeated
from the operators compartment, to internal explosions without permanent
shut off the air supply to the engine. deformation or deterioration.
This valve shall be constructed to per- (b) Exhaust flame arrester. (1) The ex-
mit its operation only after the fuel haust system of the engine shall be
supply to the engine is shut off. In re- provided with a flame arrester to pre-
verse operation the valve must open vent propagation of flame or discharge
of heated particles to a surrounding
fully before fuel can be supplied to the
flammable mixture. The flame arrester
engine. shall be so positioned that only cooled
(d) Air cleaner. An air cleaner shall be exhaust gas will discharge through it
included in the engine intake system and shall be so designed and attached
and so arranged that only clean air will that it can be removed for inspecting,
enter the flame arrester. The resist- cleaning, or repairing. Its construction
ance to airflow shall not increase rap- shall be such that it can be cleaned
idly in dusty atmospheres. Filters of readily. The flame arrester shall be of
the self-cleansing (oil-bath) type will rugged construction to withstand the
be considered satisfactory for this ap- effects of repeated explosions within
plication. Provision, satisfactory to the exhaust system, and the material
MSHA, shall be made to prevent over- of construction shall resist deteriora-
filling the oil-bath air cleaner. tion in service. It shall be so mounted
(e) Vacuum-gage connection. A connec- in the equipment assembly that it is
tion shall be provided in the intake protected from accidental external
system for temporary attachment of a damage.
vacuum gage to indicate the pressure (2) A spaced-plate flame arrester for
drop under flow conditions. This open- the exhaust system shall meet the
same requirements as flame arresters
ing shall be closed by a plug or other
for the intake system (see 36.23(b)(2)).
suitable device that is sealed or locked
(3) In lieu of a space-place flame ar-

in place except when a gage is at- rester, an exhaust-gas cooling box or
tached. conditioner may be used as the exhaust
195
36.25 30 CFR Ch. I (7115 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
(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
196
percent, by volume, of carbon mon- (c) Coupling or adapter. The applicant

oxide; 0.0025 percent, by volume, of ox- shall provide the coupling or adapter
ides of nitrogen (calculated as equiva- for connecting the engine to MSHAs
lent nitrogen dioxide); or 0.0010 per- dynamometer.
cent, by volume, of aldehydes (cal-
NOTE: Preferably this coupling or adapter
culated as equivalent formaldehyde)
should be attached to the flywheel of the en-
under any condition of engine oper- gine.
ation prescribed by MSHA.
(2) The final diluted exhaust mixture Clutches, transmissions, or torque con-
shall be discharged in such a manner verters ordinarily are not required in
that it is directed away from the opera- the coupling train.
tors compartment and also away from
the breathing zones of persons required 36.27 Fuel-supply system.
to be alongside the equipment. (a) Fuel tank. (1) The fuel tank shall
(g) Pressure-gage connection. A con- not leak and shall be fabricated of
nection shall be provided in the ex-
metal at least 116 inch thick, welded at
haust system for convenient, tem-
all seams, except that tanks of 5 gal-
porary attachment of a pressure gage
lons or less capacity may have thinner
at a point suitable for measuring the
walls which shall be preformed or rein-
total back pressure in the system. The
forced to provide good resistance to de-
connection also shall be suitable for
flection. A drain plug (not a valve or
temporary attachment of gas-sampling
petcock) shall be provided and locked
equipment to the exhaust system. This
in position. A vent opening shall be
opening shall be closed by a plug or
provided in the fuel filler cap of such
other suitable device that is sealed or
design that atmospheric pressure is
locked in place except when a gage or
sampling tube is attached. maintained inside the tank. The size of
the vent opening shall be restricted to
36.26 Composition of exhaust gas. prevent fuel from splashing through it.
The filler opening shall be so arranged
(a) Preliminary engine adjustment. The
that fuel can be added only through a
engine shall be submitted to MSHA by
self-closing valve at least 1 foot from
the applicant in such condition that it
the exhaust manifold of the engine,
can be tested immediately at full load
preferably below it. The self-closing
and speed. The preliminary liquid-fuel-
valve shall constitute a fuel-tight clo-
injection rate shall be such that the ex-
sure when fuel is not being added. Any
haust will not contain black smoke and
part of the self-closing valve that
the applicant shall adjust the injection
might become detached during the ad-
rate promptly to correct any adverse
dition of fuel shall be secured to the
conditions disclosed by preliminary
tank by a chain or other fastening to
tests.
prevent loss.
(b) Final engine adjustment. The liquid
fuel supply to the engine shall be ad- (2) The fuel tank shall have a definite
justed so that the undiluted exhaust position in the equipment assembly,
gas shall contain not more than 0.30 and no provision shall be made for at-
percent, by volume, of carbon mon- tachment of separate or auxiliary fuel
oxide or 0.20 percent, by volume, of ox- tanks.
ides of nitrogen (calculated as equiva- (3) Capacity of the fuel tank shall not
lent nitrogen dioxide, NO2) under any exceed the amount of fuel necessary to
conditions of engine operation pre- operate the engine continuously at full
scribed by MSHA when the intake air load for approximately four hours.
mixture to the engine contains 1.5 0.1 (b) Fuel lines. All fuel lines shall be
percent, by volume, of Pittsburgh nat- installed to protect them against dam-
ural gas. 3 age in ordinary use and they shall be
designed, fabricated, and secured to re-
3 Investigation has shown that for practical
sist breakage from vibration.
purposes, Pittsburgh natural gas (containing (c) Valve in fuel line. A shutoff valve
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
36.28 30 CFR Ch. I (7115 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-
from external damage by recessing mine the composition of the exhaust

them in the equipment frame, enclos- gas while the engine is operated at
ing them within a shield of substantial loads and speeds prescribed by MSHA
198
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
performance.
culated and designated as the max-

imum allowable fuel:air ratio. The cor-
responding calculated liquid fuel rate
199
36.46 30 CFR Ch. I (7115 Edition)
36.46 Explosion tests of intake and 36.47 Tests of exhaust-gas cooling

exhaust systems. system.
(a) Explosion tests to determine the (a) The adequacy of the exhaust-gas
strength of the intake and exhaust sys- cooling system and its components
tems to withstand internal explosions shall be determined with the engine op-
and the adequacy of the flame arresters erating at the maximum allowable liq-
to prevent the propagation of an explo- uid fuel rate and governed speed with
sion shall be made with the systems 0.5 0.1 percent, by volume, of natural
connected to the engine or the systems gas in the intake air mixture. All parts
simulated as connected to the engine. of the engine and exhaust-gas cooling
The system shall be filled with and sur- system shall be at their respective
rounded by an explosive natural gas-air equilibrium temperatures. The cooling
mixture. The mixture within the in- spray, if any, shall be operated, and all
take and exhaust systems shall be ig- compartments designed to hold cooling
nited by suitable means and the inter- water shall be filled with the quantity
nal pressure developed by the resultant of water recommended by the appli-
explosion shall be determined. Tests cant. No cooling air shall be circulated
shall be conducted with the ignition over the engine or components in the
source in several different locations to cooling system during the test.
determine the maximum pressure de- (b) Determinations shall be made
veloped by an internal explosion. during the test to establish the cooling
(b) Explosion tests shall be made performance of the system, the cooling
with the engine at rest and with the water consumption, high-water level
flammable natural gas-air mixtures in when the system sprays excess water,
the intake and exhaust systems. In and low-water level when the cooling
other tests with the flammable mix- system fails.
ture in motion, the engine shall be (c) The final exhaust-gas tempera-
driven (externally) at speeds prescribed ture at discharge from the cooling sys-
by MSHA but no liquid fuel shall be tem, and before the exhaust gas is di-
supplied to the injection valves. luted with air, shall not exceed 170 F.
(c) The temperature of the flame ar- or the temperature of adiabatic satura-
resters in the intake or exhaust sys- tion, if this temperature is lower.
tems shall not exceed 212 F. when an (d) Water consumed in cooling the
explosion test is conducted. Any water- exhaust gas under the test conditions
spray cooling for the exhaust system shall not exceed by more than 15 per-
shall not be operated and water shall cent that required for adiabatic satura-
not be present in the exhaust cooling tion of the exhaust-gas at the final
boxes except when water is the cooling temperature. Water in excess of that
agent for a cooling box designed to act required for adiabatic saturation shall
as a flame arrester, in which case be considered as entrained water.
MSHA will prescribe the test condi- Enough water shall be available in the
tions. cooling system or in reserve supply
compartments for sustained satisfac-
(d) The explosion tests of the intake
tory operation for at least 223 hours
and exhaust systems shall not result
under the test conditions.
in:
NOTE: This amount is enough to cool the
(1) Discharge of visible flame from exhaust for an 8-hour shift at one-third load
any joint or opening. factor.
(2) Ignition of surrounding flammable (e) The adequacy of the automatic
gas-air mixture. fuel shutoff actuated by the tempera-
(3) Development of dangerous ture of the final exhaust shall be deter-
afterburning. 4 mined with the engine operating under
(4) Excessive pressures. test conditions by withdrawing water
until the cooling system fails to func-
4 The term afterburning as used in this tion. The final exhaust-gas tempera-
part is applied to combustion of a flammable ture at which the liquid fuel to the en-
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
(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]
201
SUBCHAPTER GFILING AND OTHER ADMINISTRATIVE
REQUIREMENTS
PART 40REPRESENTATIVE OF different persons to represent them

MINERS under various sections of the act relat-
ing to representatives of miners.
Sec. (c) All information filed pursuant to
40.1 Definitions. this part shall be maintained by the
40.2 Requirements. appropriate Mine Safety and Health
40.3 Filing procedures. Administration District Office and
40.4 Posting at mine. shall be made available for public in-
40.5 Termination of designation as rep- spection.
resentative of miners.
(Pub. L. No. 96511, 94 Stat. 2812 (44 U.S.C.
AUTHORITY: Secs. 5(f)(1), 101(c) and (e),
3501 et seq.))
103(c), (f), (g)(1) and (g)(2), 104(c), 105(a),
(b)(1), (c)(1), (c)(2), (c)(3), and (d), 107(b)(1) and [43 FR 29509, July 7, 1978, as amended at 47
(e)(1), 109(b), 115(a)(1) and (a)(2), 302(a), 305(b), FR 14696, Apr. 6, 1982; 60 FR 33722, June 29,
312(b), 505 and 508, Federal Mine Safety and 1995]
Health Act of 1977, Pub. L. 91173 as amended
by Pub. L. 95164, 83 Stat. 745, 91 Stat. 1294, 40.3 Filing procedures.
1295, 1298, 1299, 1301, 1303, 1304, 1305, 1308, 1310
(a) The following information shall
and 1316, 83 Stat. 766, 777, 785, 802, and 803 (30
U.S.C. 804(f)(1), 811(c) and (e), 813(c), (f), (g)(1) be filed by a representative of miners
and (g)(2), 814(c), 815(a), (b)(1), (c)(1), (c)(2), with the appropriate District Manager,
(c)(3) and (d), 817(b)(1) and (e)(1), 819(b), with copies to the operators of the af-
825(a)(1) and (a)(2), 862(a), 865(b), 872(b), 954 fected mines. This information shall be
and 957); sec. 307, Federal Mine Safety and kept current:
Health Amendments Act of 1977, Pub. L. 95 (1) The name, address, and telephone
164, 91 Stat. 1322 (30 U.S.C. 801 note). number of the representative of min-
SOURCE: 43 FR 29509, July 7, 1978, unless ers. If the representative is an organi-
otherwise noted. zation, the name, address, and tele-
phone number of the organization and
40.1 Definitions. the title of the official or position, who
As used in this Part 40: is to serve as the representative and
(a) Act means the Federal Mine Safe- his or her telephone number.
ty and Health Act of 1977. (2) The name and address of the oper-
(b) Representative of miners means: ator of the mine where the represented
(1) Any person or organization which miners work and the name, address,
represents two or more miners at a and Mine Safety and Health Adminis-
coal or other mine for the purposes of tration identification number, if
the Act, and known, of the mine.
(2) Representatives authorized by the (3) A copy of the document evidenc-
miners, miners or their representative, au- ing the designation of the representa-
thorized miner representative, and other tive of miners.
similar terms as they appear in the (4) A statement that the person or
Act. position named as the representative of
miners is the representative for all pur-
40.2 Requirements. poses of the Act; or if the representa-
(a) A representative of miners shall tives authority is limited, a statement
file with the Mine Safety and Health of the limitation.
Administration District Manager for (5) The names, addresses, and tele-
the district in which the mine is lo- phone numbers, of any representative
cated the information required by 40.3 to serve in his absence.
of this part. Concurrently, a copy of (6) A statement that copies of all in-
this information shall be provided to formation filed pursuant to this sec-
the operator of the mine by the rep- tion have been delivered to the oper-
resentative of miners. ator of the affected mine, prior to or

(b) Miners or their representative or- concurrently with the filing of this
ganization may appoint or designate statement.
202
(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-
41.20 Legal identity report. ployed at one physical establishment.

41.30 Address of record and telephone num-
ber.
203
41.10 30 CFR Ch. I (7115 Edition)
Subpart BNotification of Legal tification numbers of all other mines in

Identity which the sole proprietor has a 20 per-
cent or greater ownership interest; and
41.10 Scope. (6) the trade name, if any, and the full
Section 109(d) of the Federal Mine name, address of record and telephone
Safety and Health Act of 1977 (Pub. L. number of the proprietorship.
91173, as amended by Pub. L. 95164), (c) If the operator is a partnership,
requires each operator of a coal or the operator shall state: (1) The name
other mine to file with the Secretary of and address of the mine and the Fed-
Labor the name and address of such eral mine identification number; (2)
mine, the name and address of the per- the name and address of the person at
son who controls or operates the mine, the mine in charge of health and safe-
and any revisions in such names and ty; (3) the name and address of the per-
addresses. Section 103(h) of the act re- son with overall responsibility for a
quires the operator of a coal or other health and safety program at all of the
mine to provide such information as operators mines, if the operator is not
the Secretary of Labor may reasonably directly involved in the daily operation
require from time to time to enable the of the mine; (4) the Federal mine iden-
Secretary to perform his functions tification numbers of all other mines in
under the act. The regulations in this
which the partnership has a 20 percent
subpart B provide for the notification
or greater ownership interest; (5) the
to the Mine Safety and Health Admin-
istration of the legal identity of the op- full name and address of all partners;
erator of a coal or other mine and the (6) the trade name, if any, and the full
reporting of all changes in the legal name and address of record and tele-
identity of the operator as they occur. phone number of the partnership; and
The submission of a properly com- (7) the Federal mine identification
pleted Legal Identity Report Form No. numbers of all other mines in which
20007 required under subpart C of this any partner has a 20 percent or greater
part will constitute adequate notifica- ownership interest.
tion of legal identity to the Mine Safe- (d) If the operator is a corporation,
ty and Health Administration. the operator shall state: (1) The name
and address of the mine and the Fed-
41.11 Notification by operator. eral mine identification number; (2)
(a) Not later than 30 days after (1) the the name and address of the person at
effective date of this part, and (2) the the mine in charge of health and safe-
opening of a new mine thereafter, the ty; (3) the name and address of the per-
operator of a coal or other mine shall, son with overall responsibility for a
in writing, notify the appropriate dis- health and safety program at all of the
trict manager of the Mine Safety and operators mines, if the operator is not
Health Administration in the district directly involved in the daily operation
in which the mine is located of the of the mine; (4) the Federal mine iden-
legal identity of the operator in ac- tification numbers of all other mines in
cordance with the applicable provisions
which the corporation has a 20 percent
of paragraph (b), (c), (d), or (e) of this
or greater ownership interest; (5) the
section.
(b) If the operator is a sole propri- full name, address of record and tele-
etorship, the operator shall state: (1) phone number of the corporation and
His full name and address; (2) the name the State of incorporation; (6) the full
and address of the mine and the Fed- name and address of each officer and
eral mine identification number; (3) director of the corporation; (7) whether
the name and address of the person at such corporation is a domestic or for-
the mine in charge of health and safe- eign corporation in the State in which
ty; (4) the name and address of the per- the mine is located; (8) if the corpora-
son with overall responsibility for a tion is a subsidiary corporation, the
health and safety program at all of the operator shall state the full name, ad-
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
other mines in which any corporate of- Subpart COperators Report to

ficer has a 20 percent or greater owner- the Mine Safety and Health
ship interest. Administration
(e) If the operator is any organization
other than a sole proprietorship, part- 41.20 Legal identity report.
nership, or corporation, the operator
Each operator of a coal or other mine
shall state: (1) The nature and type, or
shall file notification of legal identity
legal identity of the organization; (2) and every change thereof with the ap-
the name and address of the mine and propriate district manager of the Mine
the Federal mine identification num- Safety and Health Administration by
ber; (3) the name and address of the properly completing, mailing, or other-
person at the mine in charge of health wise delivering form 20007 legal iden-
and safety; (4) the name and address of tity report which shall be provided by
the person with overall responsibility the Mine Safety and Health Adminis-
for a health and safety program at all tration for this purpose. If additional
of the operators mines, if the operator space is required, the operator may use
is not directly involved in the daily op- a separate sheet or sheets.
eration of the mine; (5) the Federal
mine identification numbers of all 41.30 Address of record and tele-
other mines in which the organization phone number.
has a 20 percent or greater ownership The address of record and telephone
interest; (6) the full name, address of number required under this part shall
record and telephone number of the or- be considered the operators official ad-
ganization; (7) the name and address of dress and telephone number for pur-
each individual who has an ownership poses of the Act. Service of documents
interest in the organization; (8) the upon the operator may be proved by a
name and address of the principal orga- post office return receipt showing that
nization officials or members; and (9) the documents could not be delivered
the Federal mine identification num- to such operator at the address of
bers of all other mines in which any of- record because the operator had moved
ficial or member has a 20 percent or without leaving a forwarding address
greater ownership interest. or because delivery was not accepted at
that address, or because no such ad-
41.12 Changes; notification by oper- dress existed. However, operators may
ator. request service by delivery to another
appropriate address provided by the op-
Within 30 days after the occurrence
erator. The telephone number required
of any change in the information re- under this part will be used in connec-
quired by 41.11, the operator of a coal tion with proposed civil penalty assess-
or other mine shall, in writing, notify ments as provided in 30 CFR part 100.
the appropriate district manager of the
tion in the district in which the mine
PART 42NATIONAL MINE HEALTH
is located of such change. AND SAFETY ACADEMY
41.13 Failure to notify. Subpart A [Reserved]

Failure of the operator to notify the Subpart BTuition Fees
tion, in writing, of the legal identity of Sec.
the operator or any changes thereof 42.10 Tuition fees.
within the time required under this 42.20 Schedule of fees.
part will be considered to be a viola- 42.30 Procedure for payment.
42.40 Refunds.
tion of section 109(d) of the Act and
shall be subject to penalties as pro- Subpart CRoom and Board
vided in section 110 of the Act.
42.50 Charges for room and board.

205
42.10 30 CFR Ch. I (7115 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.
Subpart A [Reserved] Subpart CRoom and Board

Subpart BTuition Fees 42.50 Charges for room and board.
The Academy will charge room and
42.10 Tuition fees. board to all persons staying at the
The National Mine Health and Safety Academy, except MSHA personnel, per-
Academy, located in Beckley, West sons attending the Academy under a
Virginia, will charge tuition fees to all program supported through an MSHA
persons attending Academy courses, State grant, and persons performing a
except employees of Federal, State, or direct service. Also, subject to avail-
local governments, persons attending able resources, MSHA may waive all or
the Academy under a program sup- part of fees for students, or persons em-
ported through an MSHA State grant, ployed by a non-profit organization,
and persons performing a direct serv- who are invited by MSHA to attend an
ice. Also, subject to available re- MSHA-sponsored training or meeting
sources, MSHA may waive all or part which would, in the Agencys judg-
of fees for students, or persons em- ment, contribute to improved conduct,
ployed by a non-profit organization, supervision, or management of a func-
who are invited by MSHA to attend an tion or activity under the Federal Mine
Academy course which would, in the Safety and Health Act of 1977 or a func-
Agencys judgment, contribute to im- tion related to an MSHA appropriation.
proved conduct, supervision, or man- Requests for waivers must be in writ-
agement of a function or activity under ing. Charges for room and board will be
the Federal Mine Safety and Health based upon the average cost per person
Act of 1977 or a function related to an of the lodging, meals, and services pro-
MSHA appropriation. requests for vided and will be reassessed on an an-
waivers must be in writing. nual basis.
[62 FR 60985, Nov. 13, 1997] [62 FR 60985, Nov. 13, 1997]
42.20 Schedule of fees. PART 43PROCEDURES FOR PROC-

(a) Tuition fees will be computed on ESSING HAZARDOUS CONDI-
the basis of the cost to the Government TIONS COMPLAINTS
for the Academy to conduct the course,
as determined by the Superintendent of Subpart AGeneral
the Academy.
(b) The tuition fee for each course Sec.
will be stated in the course announce- 43.1 Definitions.
43.2 General.
ment and will be reassessed on an an- 43.3 Purpose and scope of this part.
nual basis.
Subpart BSpecial Inspections
42.30 Procedure for payment.
43.4 Requirements for giving notice.
When notified of acceptance for a
43.5 Action by the Secretary.
course by the Academy, applicants 43.6 Notice of negative finding.
shall submit a check or money order to
the Academy, payable to the Mine Subpart CInformal Review
Safety and Health Administration in
43.7 Informal review upon written notice
the amount indicated by the course an-
given to an inspector on the mine prem-
nouncement prior to the commence- ises.
ment of the course. 43.8 Informal review upon the issuance of a
notice of negative finding.
42.40 Refunds.
AUTHORITY: Secs. 103(g), and 508, Federal
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
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]
43.1 Definitions. 43.3 Purpose and scope of this part.

For purposes of this part, Act means This part sets forth the procedures
the Federal Mine Safety and Health for giving notice to the Secretary
Act of 1977, Pub. L. 91173, as amended under section 103(g)(1) of the Act, for
by Pub. L. 95164, and Secretary responding to such notices and for re-
means the Secretary of Labor or his viewing refusals by authorized rep-
designee. resentatives of the Secretary to issue
citations or orders under section 103
43.2 General. (g)(1) or (g)(2). Specifically, subpart B
details the steps to be taken by a rep-
(a) Under section 103(g)(1) of the Act, resentative of miners or a miner in
a representative of miners, or where making a request for a special inspec-
there is no such representative, a tion and by the Secretary in processing
miner, who has reasonable grounds to and taking action on such a request
believe that a violation of the act or a under section 103(g)(1). Subpart C sets
mandatory health or safety standard forth informal review procedures which
exists, or an imminent danger exists, a representative of miners or a miner
has a right to obtain a special inspec- may request under sections 103 (g)(1)
tion if he or she gives notice of such and (g)(2) where no citation or order is
violation to the Secretary or his duly issued under those sections.
authorized representative. The notice
shall be reduced to writing and signed Subpart BSpecial Inspections
by the miners representative or miner,
and a copy that does not reveal the 43.4 Requirements for giving notice.
name of the person giving the notice (a) A representative of miners or,
must be served on the operator no later where there is no such representative,
than at the time of the inspection. If a miner, who has reasonable grounds to
the Secretary determines that a viola- believe that a violation of the act or a
tion or danger does not exist, he must mandatory health or safety standard
so notify the miners representative or exists, or that an imminent danger ex-
miner in writing. ists, may obtain a special inspection by
(b) Under section 103(g)(2) of the Act, giving notice to the Secretary or any
a representative of miners or, if there authorized representative of the Sec-
is no such representative, a miner, may retary of such violation or danger.
notify in writing an authorized rep- (b) Any such notice shall set forth
resentative of the Secretary who is on the alleged violation or imminent dan-
mine premises prior to or during an in- ger and the location of such violation
or danger and shall be reduced to a
spection, of any violation or imminent
writing signed by the representative of
danger which he or she has reason to
miners or miner giving such notice.
believe exists in the mine. There shall
(c) A copy of such written notice
be procedures for the informal review shall be provided to the operator or his
of any refusal by the Secretarys au- agent by the Secretary or his author-
thorized representative to issue a cita- ized representative no later than the
tion with respect to such alleged viola- time that the inspection begins. In ad-
tion or danger, including notification dition, if the notice indicates that an
to the miners representative or miner imminent danger exists, the operator
or his agent shall be notified as quickly

as possible of the alleged danger. The
name of the person giving such notice
207
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.
Subpart CInformal Review 43.8 Informal review upon issuance

of a notice of negative finding.
43.7 Informal review upon written A person to whom a notice of nega-
notice given to an inspector on the
mine premises. tive finding has been issued pursuant
to 43.6 of this part may request infor-
(a) A representative of miners or, mal review of such finding in accord-
where there is no such representative, ance with the provisions of 43.7(b)(d)
a miner, who has reason to believe that of this subpart.
a violation of the Act or a mandatory
health or safety standard exists, or an
imminent danger exists, may notify an

authorized representative of the Sec-
retary in writing prior to or during an
208
PART 44RULES OF PRACTICE FOR 44.52 Revocation of modification.

44.53 Amended modification.
PETITIONS FOR MODIFICATION
OF MANDATORY SAFETY STAND- AUTHORITY: 30 U.S.C. 957.
ARDS SOURCE: 43 FR 29518, July 7, 1978, unless
otherwise noted.
Subpart AGeneral
Subpart AGeneral
Sec.
44.1 Scope and construction. 44.1 Scope and construction.
44.2 Definitions.
44.3 Parties. (a) The procedures and rules of prac-
44.4 Standard of evaluation of petitions; ef- tice set forth in this part shall govern
fect of petitions granted. petitions for modification of manda-
44.5 Notice of a granted petition for modi- tory safety standards filed under sec-
fication. tion 101(c) of the Act.
44.6 Service.
(b) These rules shall be liberally con-
44.7 Filing.
44.8 Ex parte communication. strued to carry out the purpose of the
44.9 Posting of petition. Act by assuring adequate protection of
miners and to secure just and prompt
Subpart BInitial Procedure for Petitions for determination of all proceedings con-
Modification sistent with adequate consideration of
the issues involved.
44.10 Filing of petition; service.
44.11 Contents of petition. [43 FR 29518, July 7, 1978, as amended at 55
44.12 Procedure for public notice of petition FR 53440, Dec. 28, 1990]
received.
44.13 Proposed decision. 44.2 Definitions.
44.14 Request for hearing.
44.15 Referral to Chief Administrative Law
As used in this part, unless the con-
Judge. text clearly requires otherwise, the
44.16 Application for temporary relief; relief term
to give effect to the proposed decision (a) Act means the Federal Mine Safe-
and order. ty and Health Act of 1977, Pub. L. 91
173, as amended by Pub. L. 95164.
Subpart CHearings (b) Secretary, operator, agent, person,
44.20 Designation of administrative law miner, and coal or other mine, have the
judge. meanings set forth in section 3 of the
44.21 Filing and form of documents. act.
44.22 Administrative law judges; powers and (c) Assistant Secretary means the As-
duties. sistant Secretary of Labor for Mine
44.23 Prehearing conferences. Safety and Health.
44.24 Discovery.
(d) Administrative law judge means an
44.25 Depositions.
44.26 Subpoenas; witness fees. administrative law judge of the Depart-
44.27 Consent findings and rules or orders. ment of Labor appointed under section
44.28 Notice of hearing. 3105 of title 5 of the United States
44.29 Motions. Code.
44.30 Hearing procedures. (e) Representative of miners means a
44.31 Proposed findings of fact, conclusions, person or organization designated by
and orders.
two or more miners to act as their rep-
44.32 Initial decision.
44.33 Departmental review. resentative for purposes of the act and
44.34 Transmission of record. who is in compliance with 30 CFR part
44.35 Decision of the Assistant Secretary. 40.
Subpart DSummary Decisions FR 53440, Dec. 28, 1990]
44.40 Motion for summary decision.
44.41 Summary decision. 44.3 Parties.
Parties to proceedings under this
Subpart EEffect of Initial Decision part shall include the Mine Safety and
44.50 Effect of appeal on initial decision. Health Administration, the operator of

44.51 Finality for purposes of judicial re- the mine, and any representative of the
view. miners in the affected mine. Any other
209
person claiming a right of participa- grounds upon which the modification is

tion as an interested party in a pro- based and a summary of the facts
ceeding may become a party upon ap- which warranted the modification.
plication to the Assistant Secretary (b) Every final action or a summary
and the granting of such application. thereof granting a petition for modi-
After referral of a petition to the Chief fication under this part shall be posted
Administrative Law Judge, all applica- by the operator on the mine bulletin
tions for status as a party shall be board at the affected mine and shall re-
made to the Chief Administrative Law main posted as long as the modifica-
Judge for his disposition. tion is effective. If a summary of the
final action is posted on the mine bul-
44.4 Standard of evaluation of peti- letin board, a copy of the full decision
tions; effect of petitions granted. shall be kept at the affected mine of-
(a) A petition for modification of ap- fice and made available to the miners.
plication of a mandatory safety stand-
ard may be granted upon a determina- 44.6 Service.
tion that (a) Copies of all documents filed in
(1) An alternative method of achiev- any proceeding described in this part
ing the result of the standard exists and copies of all notices pertinent to
that will at all times guarantee no less such proceeding shall be served by the
than the same measure of protection filing party on all other persons made
afforded by the standard, or parties to the proceeding under 44.3. If
(2) Application of the standard will a request for hearing has been filed by
result in a diminution of safety to the any party, a copy of all subsequent
miners. documents filed shall be served upon
(b) Except as may be provided in the Mine Safety and Health Adminis-
44.16 for relief to give effect to a pro- tration through its representative, the
posed decision and order, a decision of Office of the Solicitor, Department of
an Administrator or an administrative Labor.
law judge granting or denying a peti- (b) All documents filed subsequent to
tion for modification shall not be effec- a petition for modification may be
tive until time for appeal has expired served personally or by first class mail
under 44.14 or 44.33, as appropriate. to the last known address of the party.
(c) All petitions for modification Service may also be completed by tele-
granted pursuant to this part shall copier or other electronic means.
have only future effect: Provided, That (c) Whenever a party is represented
the granting of the modification under by an attorney who has signed any doc-
this part shall be considered as a factor ument filed on behalf of such party or
in the resolution of any enforcement otherwise entered an appearance on be-
action previously initiated for claimed half of such party, service thereafter
violation of the subsequently modified shall be made upon the attorney.
mandatory safety standard. Orders (d) Any party filing a petition for
granting petitions for modification modification under these rules shall
may contain special terms and condi- file proof of service in the form of a re-
tions to assure adequate protection to turn receipt where service is by reg-
miners. The modification, together istered or certified mail or an acknowl-
with any conditions, shall have the edgment by the party served or a
same effect as a mandatory safety verified return where service is made
standard. personally. A certificate of service
[43 FR 29518, July 7, 1978, as amended at 55 shall accompany all other documents
FR 53440, Dec. 28, 1990] filed by a party under these rules.
(e) Service by mail shall be complete
44.5 Notice of a granted petition for upon mailing. Service by telecopier or
modification. other electronic means shall be com-
(a) Every final action granting a peti- plete upon receipt.
tion for modification under this part (f) Whenever a party has the right to
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
document or other material is served Wilson Blvd., Room 2352, Arlington,

upon the party by mail, 5 days shall be Virginia 222093939. If the petition is
added to the prescribed period: Pro- filed by a mine operator, a copy of the
vided, that specific provisions may, for petition shall be served by the mine op-
good cause, be made otherwise by an erator upon a representative of miners
order of an administrative law judge or at the affected mine. If the petition is
the Assistant Secretary in a particular filed by a representative of the miners,
proceeding pending before that person. a copy of the petition shall be served
by the representative of miners upon
FR 53440, Dec. 28, 1990]
the mine operator. Service shall be ac-
complished personally or by registered
44.7 Filing. or certified mail, return receipt re-
quested.
For purposes of this part, a petition,
request for hearing, notice of appeal, or [55 FR 53440, Dec. 28, 1990, as amended at 67
other document shall be considered to FR 38384, June 4, 2002]
be filed when received, or when mailed
44.11 Contents of petition.
by certified mail, return receipt re-
quested. Such documents may be filed (a) A petition for modification filed
by telecopier or other electronic pursuant to 44.10 shall contain:
means. (1) The name and address of the peti-
tioner.
[55 FR 53440, Dec. 28, 1990] (2) The mailing address and mine
identification number of the mine or
44.8 Ex parte communication.
mines affected.
There shall be no ex parte commu- (3) The mandatory safety standard to
nication with respect to the merits of which the petition is directed.
any case not concluded between the As- (4) A concise statement of the modi-
sistant Secretary or the administrative fication requested, and whether the pe-
law judge, including any employee or titioner proposes to establish an alter-
agent of the Assistant Secretary or of nate method in lieu of the mandatory
the administrative law judge, and any safety standard or alleges that applica-
of the parties, intervenors, representation of the standard will result in dimi-
tives, or other interested parties. nution of safety to the miners affected
[55 FR 53440, Dec. 28, 1990] or requests relief based on both
grounds.
44.9 Posting of petition. (5) A detailed statement of the facts
the petitioner would show to establish
An operator of a mine for which
the grounds upon which it is claimed a
there is no representative of miners
modification is warranted.
shall post a copy of each petition con-
(6) Identification of any representa-
cerning the mine on the mine bulletin
tive of the miners at the affected mine,
board and shall maintain the posting
if the petitioner is a mine operator.
until a ruling on the petition becomes
(b) A petition for modification shall
final.
not include a request for modification
of the application of more than one
Subpart BInitial Procedure for mandatory safety standard. A petition
Petitions for Modification for modification shall not request re-
lief for more than one operator. How-
44.10 Filing of petition; service. ever, an operator may file a petition
A petition for modification of the ap- for modification pertaining to more
plication of a mandatory safety stand- than one mine where it can be shown
ard under section 101(c) of the Act may that identical issues of law and fact
be filed only by the operator of the af- exist as to the petition for each mine.
fected mine or any representative of
the miners at such mine. All petitions 44.12 Procedure for public notice of
must be in writing and must be filed petition received.
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
44.13 30 CFR Ch. I (7115 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 modification, 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 proof 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
which the standard is directed.
the issues of fact or law desired to be

raised by the party requesting the [43 FR 29518, July 7, 1978, as amended at 55
hearing, including specific objections FR 53441, Dec. 28, 1990]
212
44.15 Referral to Chief Administra- (3) An identifiable hazard to miners

tive Law Judge. exists in the mine which is caused by
Upon receipt of a request for hearing application of the standard at the
as provided in 44.14 of this part, the mine;
Administrator shall, within 5 days, (4) Other means will be used to rea-
refer to the Chief Administrative Law sonably address the hazard against
Judge the original petition, the pro- which the original standard was de-
posed decision and order, all informa- signed to protect; and
tion upon which the proposed decision (5) Compliance with the standard
was based, any written request for a while the petition for modification is
hearing on the petition filed, any other pending will expose miners to the iden-
written comments or information re- tifiable hazard upon which the applica-
ceived and considered in making the tion is based.
proposed decision. The MSHA inves- (f) Response. All parties to the pro-
tigation report shall be made part of ceeding in which an application for
the record on the petition. temporary relief has been filed shall
[55 FR 53441, Dec. 28, 1990] have 15 days from receipt of the appli-
cation to file a written response with
44.16 Application for temporary re- the Administrator.
lief; relief to give effect to the pro- (g) Evidence. An application for tem-
posed decision and order.
porary relief or a response to such an
(a) Time for filing. An application for application may be supported by affi-
temporary relief from enforcement of a davits or other evidentiary matter.
mandatory standard may be filed at (h) Findings. Temporary relief may be
any time before a proposed decision granted by the Administrator upon a
and order is issued on a petition for finding that application of the stand-
modification and shall be served upon ard at the mine will result in a diminu-
all parties to the proceeding. tion of safety to the miners at such
(b) With whom filed. The application mine.
shall be filed with and decided by the
(i) Appeal to the Office of the Adminis-
appropriate Administrator.
trative Law Judges. If the application
(c) Investigation and decision. Upon re-
for temporary relief is granted by the
ceipt of an application for temporary
relief, the Administrator shall cause an Administrator, any other party may
investigation to be made as to the mer- request a hearing within 15 days of the
its of the application. As soon there- Administrators decision. The request
after as practicable, but in no event shall be addressed to the Administrator
greater than 60 days from filing of the and shall be referred by the Adminis-
application, the Administrator shall trator, along with the petition for
issue a decision. If the Administrator modification, to the Chief Administra-
does not issue a decision within 60 days tive Law Judge in accordance with
of filing of the application, the applica- 44.15. The hearing and decision of the
tion shall be deemed to be denied. presiding administrative law judge
(d) Contents of application. An appli- shall be in accordance with subparts C
cation for temporary relief shall com- through E of this part. After referral of
ply with applicable general require- the petition for modification and appli-
ments of this part, state the specific cation for temporary relief, no further
relief requested, and include specific decision shall be rendered by the Ad-
evidence showing how the applicant ministrator.
meets the criteria set forth in para- (j) Duration of relief. An order grant-
graph (e) of this section. ing temporary relief shall be effective
(e) Criteria. Before temporary relief is until superseded by the Administra-
granted, the applicant must clearly tors proposed decision and order, un-
show that less a hearing is requested in accord-
(1) The application was filed in good ance with paragraph (i) of this section.
faith; If such hearing is requested, the tem-
(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
44.20 30 CFR Ch. I (7115 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.
[55 FR 53441, Dec. 28, 1990] FR 38384, June 4, 2002]
Subpart CHearings 44.22 Administrative law judges;

powers and duties.
44.20 Designation of administrative (a) Powers. An administrative law
law judge.
judge designated to preside over a hear-
Within 5 days after receipt of a refer- ing shall have all powers necessary or
ral of a request for hearing in a peti- appropriate to conduct a fair, full, and
tion for modification proceeding, the impartial hearing, including the fol-
Chief Administrative Law Judge shall lowing:
designate an administrative law judge (1) To administer oaths and affirma-
appointed under section 3105 of Title 5 tions;
of the United States Code to preside (2) To issue subpoenas on his own mo-
over the hearing. tion or upon written application of a
[55 FR 53442, Dec. 28, 1990] party;
(3) To rule upon offers of proof and
44.21 Filing and form of documents. receive relevant evidence;
(a) Where to file. After a petition has (4) To take depositions or have depo-
been referred to the Office of the Chief sitions taken when the ends of justice
Administrative Law Judge, the parties would be served;
will be notified of the name and ad- (5) To provide for discovery and de-
dress of the administrative law judge termine its scope;
assigned to the case. All further docu- (6) To regulate the course of the
ments shall be filed with the adminis- hearing and the conduct of parties and
trative law judge at the address des- their counsel;

ignated or with the Chief Administra- (7) To consider and rule upon proce-
tive Law Judge, if the assignment has dural requests;
214
(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
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
215
44.25 30 CFR Ch. I (7115 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
party at whose request the subpoena other pertinent information, including:

was issued. The administrative law any request for hearing on the petition;
judge shall revoke or modify the sub- the investigation report; discovery;
216
motions and requests, filed in written 44.29 Motions.

form and rulings thereon; any docu-
Each motion filed shall be in writing
ments or papers filed in connection
and shall contain a short and plain
with prehearing conferences; and, if a
statement of the grounds upon which it
hearing has been held, the transcript of
is based. A statement in opposition to
testimony and any proposed findings,
conclusions, rules or orders, and sup- the motion may be filed by any party
porting reasons as may have been filed. within 10 days after the date of service.
(3) A waiver of further procedural The administrative law judge may per-
steps before the administrative law mit oral motions during proceedings.
judge and Assistant Secretary; and
44.30 Hearing procedures.
(4) A waiver of any right to challenge
or contest the validity of the findings (a) Order of proceeding. Except as may
and rule or order made in accordance be ordered otherwise by the adminis-
with the agreement. trative law judge, the petitioner shall
(c) Submission. On or before expira- proceed first at a hearing.
tion of the time granted for negotia- (b) Burden of proof. The petitioner
tions, the parties or their counsel may: shall have the burden of proving his
(1) Submit the proposed agreement to case by a preponderance of the evi-
the Chief Administrative Law Judge or dence.
presiding administrative law judge, as (c) Evidence(1) Admissibility. A party
appropriate, for his consideration; or shall be entitled to present its case or
(2) Inform the Chief Administrative defense by oral or documentary evi-
Law Judge or presiding administrative dence, to submit rebuttal evidence, and
law judge, as appropriate, that agree- to conduct such cross-examination as
ment cannot be reached. may be required for full and true dis-
(d) Disposition. In the event an agree- closure of the facts. Any oral or docu-
ment containing consent findings and mentary evidence may be received, but
rule or order is submitted within the the administrative law judge shall ex-
time allowed, the Chief Administrative clude evidence which is irrelevant, im-
Law Judge or presiding administrative material, or unduly repetitious.
law judge, as appropriate, may accept (2) Testimony of witnesses. The testi-
the agreement by issuing his decision mony of a witness shall be upon oath
based upon the agreed findings. or affirmation administered by the ad-
[43 FR 29518, July 7, 1978, as amended at 55 ministrative law judge.
FR 53442, Dec. 28, 1990] (3) Objections. If a party objects to ad-
mission or rejection of any evidence,
44.28 Notice of hearing. limitation of the scope of any examina-
(a) The administrative law judge tion or cross-examination, or failure to
shall fix a place and date for the hear- limit such scope, he shall state briefly
ing and notify all parties at least 30 the grounds for such objection. Rulings
days in advance of the date set, unless on such objections shall appear in the
at least one party requests and all par- record.
ties consent to an earlier date, or the (4) Exceptions. Formal exception to an
hearing date has been otherwise ad- adverse ruling is not required.
vanced in accordance with this part. (d) Official notice. Official notice may
The notice shall include: be taken of any material fact not ap-
(1) The time, place, and nature of the pearing in evidence in the record,
hearing; and which is among the traditional matters
(2) The legal authority under which of judicial notice or concerning which
the hearing is to be held. the Department of Labor by reason of
(b) In accordance with the provisions its functions is presumed to be expert:
of section 554 of title 5 of the United Provided, That the parties shall be
States Code, a party may move for given adequate notice at the hearing or
transfer of a hearing on the basis of by reference in the presiding adminis-
convenience to parties and witnesses. trative law judges decision of the mat-
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.
217
44.31 30 CFR Ch. I (7115 Edition)
(e) Transcript. Copies of the tran- 44.33 Departmental review.

script of the hearing may be obtained
(a) Notice of appeal. Any party may
by the parties upon written application
appeal from the initial decision of the
filed with the reporter and payment of
administrative law judge by filing with
fees at the rate provided in the agree-
the Assistant Secretary a notice of ap-
ment with the reporter.
peal within 30 days after service of the
44.31 Proposed findings of fact, con- initial decision. The Assistant Sec-
clusions, and orders. retary may consolidate related appeals.
Copies of a notice of appeal shall be
After consultation with the parties,
served on all parties to the proceeding
the administrative law judge may pre-
in accordance with 44.6 of this part.
scribe a time period of 30 days within
(b) Statement of objections. Within 20
which each party may file proposed
findings of fact, conclusions of law, and days after filing the notice of appeal,
rule or order, together with a sup- the appellant shall file his statement
porting brief expressing the reasons for of objections to the decision of the ad-
such proposals. Such time may be expe- ministrative law judge and serve copies
dited or extended upon request and at on all other parties to the proceeding.
the discretion of the Administrative The statement shall refer to the spe-
Law Judge. Proposals and briefs shall cific findings of fact, conclusions of
be served on all other parties and shall law, or terms of the order objected to
refer to all portions of the record and in the initial decision. Where any ob-
to all authorities relied upon in sup- jection is based upon evidence of
port of each proposal. record, the objection need not be con-
sidered by the Assistant Secretary if
[55 FR 53442, Dec. 28, 1990] specific record citations to the perti-
nent evidence are not contained in the
44.32 Initial decision.
statement of objections.
(a) Within 60 days after the time al- (c) Responding statements. Within 20
lowed for the filing of proposed find- days after service of the statement of
ings of fact and conclusions of law, the objections, any other party to the pro-
administrative law judge shall make ceeding may file a statement in re-
and serve upon each party a decision, sponse.
which shall become final upon the 30th
day after service thereof, unless an ap- [43 FR 29518, July 7, 1978, as amended at 55
FR 53442, Dec. 28, 1990]
peal is filed as provided in 44.33 of this
part. After consultation with the par- 44.34 Transmission of record.
ties, the administrative law judge may
expedite or extend the time for issuing If an appeal is filed, the administra-
the decision. The decision of the ad- tive law judge shall, as soon thereafter
ministrative law judge shall include: as is practicable, transmit the record
(1) A statement of findings of fact of the proceeding to the Assistant Sec-
and conclusions of law, with reasons retary for review. The record shall in-
therefor, upon each material issue of clude: the petition; the MSHA inves-
fact, law, or discretion presented on tigation report; any request for hearing
the record; and on the petition; the transcript of testi-
(2) The appropriate rule, order, relief, mony taken at the hearing, together
or denial thereof. with exhibits admitted in evidence; any
(b) The decision of the administra- documents or papers filed in connec-
tive law judge shall be based upon a tion with prehearing conferences; such
consideration of the whole record and proposed findings of fact, conclusions
shall state all facts officially noticed of law, rules or orders, and supporting
and relied upon. It shall be made on the reasons, as may have been filed; and
basis of a preponderance of reliable and the administrative law judges deci-
probative evidence. sion.
[43 FR 29518, July 7, 1978, as amended at 55 [55 FR 53442, Dec. 28, 1990]
FR 53442, Dec. 28, 1990]
218
44.35 Decision of the Assistant Sec- supported as provided in this section, a

retary. party opposing the motion may not
Appeals from a decision rendered pur- rest upon the mere allegations or deni-
suant to 44.32 of this part shall be de- als of such pleading. Such response
cided by the Assistant Secretary with- must set forth specific facts showing
in 120 days after the time for filing re- that there is a genuine issue of fact for
sponding statements under 44.33 of the hearing.
this part. The Assistant Secretarys de- (d) The administrative law judge may
cision shall be based upon consider- grant the motion if the pleadings, affi-
ation of the entire record of the pro- davits, material obtained by discovery
ceedings transmitted, together with or otherwise, or matters officially no-
the statements submitted by the par- ticed show that there is no genuine
ties. The decision may affirm, modify, issue as to any material fact and a
or set aside, in whole or part, the find- party is entitled to summary decision.
ings, conclusions, and rule or order The administrative law judge may
contained in the decision of the pre- deny the motion whenever the moving
siding administrative law judge and party denies access to information by
shall include a statement of reasons for means of discovery to a party opposing
the action taken. The Assistant Sec- the motion.
retary may also remand the petition to (e) The denial of all or part of a mo-
the administrative law judge for addi-
tion for summary decision by the ad-
tional legal or factual determinations.
ministrative law judge shall not be
Any party may request that the time
subject to interlocutory appeal to the
for the Assistant Secretarys decision
Assistant Secretary unless the admin-
be expedited. Such requests shall be
granted in the discretion of the Assist- istrative law judge certifies in writing
ant Secretary. that (1) the ruling involves an impor-
tant question of law or policy as to
[55 FR 53442, Dec. 28, 1990] which there are substantial grounds for
difference of opinion, and (2) an imme-
Subpart DSummary Decisions diate appeal from the ruling may mate-
rially advance termination of the pro-
44.40 Motion for summary decision. ceeding. The allowance of an interlocu-
(a) Any party may, at least 20 days tory appeal shall not stay the pro-
before the date fixed for any hearing ceedings before the administrative law
under subpart C of this part, move with judge unless ordered by the Assistant
or without supporting affidavits for a Secretary.
summary decision on all or any part of
the proceeding. Any other party may, 44.41 Summary decision.
within 10 days after service of the mo- (a) No genuine issue of material fact. (1)
tion, serve opposing affidavits or Where no genuine issue of a material
countermove for summary decision. fact is found to have been raised, the
The administrative law judge may set
administrative law judge may issue an
the matter for argument and call for
initial decision to become final 30 days
submission of briefs.
after service thereof, unless, within
(b) Filing of any documents under
such time, any party has filed an ap-
paragraph (a) of this section shall be
peal with the Assistant Secretary.
with the administrative law judge, and
copies of such documents shall be Thereafter, the Assistant Secretary,
served in accordance with 44.6 of this after consideration of the entire
part. record, may issue a final decision.
(c) Any affidavits submitted with the (2) An initial decision and a final de-
motion shall set forth such facts as cision made under this paragraph shall
would be admissible in evidence in a include a statement of
proceeding subject to 5 U.S.C. 556 and (i) Findings and conclusions, and the
557 and shall show affirmatively that reasons therefor, on all issues pre-
sented; and
the affiant is competent to testify to

the matters stated therein. When a mo- (ii) Any terms and conditions of the
tion for summary decision is made and rule or order.
219
44.50 30 CFR Ch. I (7115 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
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
220
shall not reduce the protection af- 45.3 Identification of independent

forded miners by the original decision contractors.
and order. (a) Any independent contractor may
[55 FR 53443, Dec. 28, 1990] obtain a permanent MSHA identifica-
tion number. To obtain an identifica-
PART 45INDEPENDENT tion number, an independent con-
CONTRACTORS tractor shall submit to the District
Manager in writing the following infor-
Sec. mation:
45.1 Scope and purpose. (1) The trade name and business ad-
45.2 Definitions. dress of the independent contractor;
45.3 Identification of independent contrac- (2) An address of record for service of
tors. documents;
45.4 Independent contractor register.
45.5 Service of documents; independent con-
(3) A telephone number at which the
tractors. independent contractor can be con-
45.6 Address of record and telephone num- tacted during regular business hours;
ber; independent contractors. and
AUTHORITY: 30 U.S.C. 802(d), 957. (4) The estimated annual hours
worked on mine property by the inde-
SOURCE: 45 FR 44496, July 1, 1980, unless pendent contractor in the previous cal-
otherwise noted.
endar year, or in the instance of a busi-
45.1 Scope and purpose. ness operating less than one full cal-
endar year, prorated to an annual
This part sets forth information re- basis.
quirements and procedures for inde-
pendent contractors to obtain an (Pub. L. No. 96511, 94 Stat. 2812 (44 U.S.C.
MSHA identification number and pro- 3501 et seq.))
cedures for service of documents upon [45 FR 44496, July 1, 1980, as amended at 47
independent contractors. Production- FR 14696, Apr. 6, 1982; 60 FR 33722, June 29,
operators are required to maintain cer- 1995]
tain information for each independent
contractor at the mine. The purpose of 45.4 Independent contractor register.
this rule is to facilitate implementa- (a) Each independent contractor shall
tion of MSHAs enforcement policy of provide the production-operator in
holding independent contractors re- writing the following information:
sponsible for violations committed by
(1) The independent contractors
them and their employees.
trade name, business address and busi-
45.2 Definitions. ness telephone number;
(2) A description of the nature of the
As used in this part:
work to be performed by the inde-
(a) Act means the Federal Mine Safe-
pendent contractor and where at the
ty and Health Act of 1977, Pub. L. 91
mine the work is to be performed;
173, as amended by Pub. L. 95164;
(b) District Manager means the Dis- (3) The independent contractors
trict Manager of the Mine Safety and MSHA identification number, if any;
Health Administration District in and
which the independent contractor is lo- (4) The independent contractors ad-
cated; dress of record for service of citations,
(c) Independent contractor means any or other documents involving the inde-
person, partnership, corporation, sub- pendent contractor.
sidiary of a corporation, firm, associa- (b) Each production-operator shall
tion or other organization that con- maintain in writing at the mine the in-
tracts to perform services or construc- formation required by paragraph (a) of
tion at a mine; and, this section for each independent con-
(d) Production-operator means any tractor at the mine. The production-
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.
221
45.5 Service of documents; inde- proved by a Post Office return receipt

pendent contractors. showing that the documents were de-
livered to the address of record or that
Service of citations, orders and other
the documents could not be delivered
documents upon independent contrac-
to the address of record because the
tors shall be completed upon delivery
independent contractor is no longer at
to the independent contractor or mail-
that address and has established no for-
ing to the independent contractors ad- warding address; because delivery was
dress of record. not accepted at that address; or be-
cause no such address exists. Inde-
45.6 Address of record and telephone
number; independent contractors. pendent contractors may request serv-
ice by delivery to another appropriate
(a) The address and telephone num- address of record provided by the inde-
ber required under this part shall be pendent contractor. The telephone
the independent contractors official number required under this part will be
address and telephone number for pur- used in connection with the proposed
poses of the Act. Service of documents penalty assessment procedures in 30
upon independent contractors may be CFR part 100.
222
SUBCHAPTER HEDUCATION AND TRAINING
PART 46TRAINING AND RETRAIN- mining operations at surface mines.

ING OF MINERS ENGAGED IN Such experience may include, but is
not limited to, work as a heavy equip-
SHELL DREDGING OR EMPLOYED ment operator, truck driver, skilled
AT SAND, GRAVEL, SURFACE craftsman, or plant operator.
STONE, SURFACE CLAY, COL- (d)(1) Experienced miner means:
LOIDAL PHOSPHATE, OR SUR- (i) A person who is employed as a
FACE LIMESTONE MINES. miner on April 14, 1999;
(ii) A person who has at least 12
Sec. months of cumulative surface mining
46.1 Scope. or equivalent experience on or before
46.2 Definitions. October 2, 2000;
46.3 Training plans. (iii) A person who began employment
46.4 Training plan implementation.
46.5 New miner training. as a miner after April 14, 1999, but be-
46.6 Newly hired experienced miner train- fore October 2, 2000 and who has re-
ing. ceived new miner training under 48.25
46.7 New task training. of this title or under proposed require-
46.8 Annual refresher training. ments published April 14, 1999, which
46.9 Records of training. are available from the Office of Stand-
46.10 Compensation for training. ards, Regulations and Variances,
46.11 Site-specific hazard awareness train-
ing. MSHA, 1100 Wilson Blvd., Room 2352,
46.12 Responsibility for independent con- Arlington, Virginia 222093939; or
tractor training. (iv) A person employed as a miner on
or after October 2, 2000 who has com-
AUTHORITY: 30 U.S.C. 811, 825.
pleted 24 hours of new miner training
SOURCE: 64 FR 53130, Sept. 30, 1999, unless under 46.5 of this part or under 48.25
otherwise noted. of this title and who has at least 12 cu-
mulative months of surface mining or
46.1 Scope.
equivalent experience.
The provisions of this part set forth (2) Once a miner is an experienced
the mandatory requirements for train- miner under this section, the miner
ing and retraining miners and other will retain that status permanently.
persons at shell dredging, sand, gravel, (e) Independent contractor means any
surface stone, surface clay, colloidal person, partnership, corporation, sub-
phosphate, and surface limestone sidiary of a corporation, firm, associa-
mines. tion, or other organization that con-
tracts to perform services at a mine
46.2 Definitions. under this part.
The following definitions apply in (f) Mine site means an area of the
this part: mine where mining operations occur.
(a) Act means the Federal Mine Safe- (g)(1) Miner means:
ty and Health Act of 1977. (i) Any person, including any oper-
(b) Competent person means a person ator or supervisor, who works at a
designated by the production-operator mine and who is engaged in mining op-
or independent contractor who has the erations. This definition includes inde-
ability, training, knowledge, or experi- pendent contractors and employees of
ence to provide training to miners in independent contractors who are en-
his or her area of expertise. The com- gaged in mining operations; and
petent person must be able both to ef- (ii) Any construction worker who is
fectively communicate the training exposed to hazards of mining oper-
subject to miners and to evaluate ations.
whether the training given to miners is (2) The definition of miner does
effective. not include scientific workers; delivery
(c) Equivalent experience means work workers; customers (including com-

experience where the person performed mercial over-the-road truck drivers);
duties similar to duties performed in vendors; or visitors. This definition
223
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
a written plan, approved by us under approval of your plan, at least two

either paragraph (b) or (c) of this sec- weeks before you submit the plan to
tion, that contains effective programs the Regional Manager for approval. At
224
mines where no miners representative rent information on the EFS organiza-

has been designated, you must post a tion is available on MSHAs Internet
copy of the plan at the mine or provide Home Page at http://www.msha.gov.
a copy to each miner at least 2 weeks
before you implement the plan or sub- Eastern Regional Manager
mit it to the Regional Manager for ap- Educational Field Services, National Mine
proval. Health and Safety Academy, 1301 Airport
(e) Within 2 weeks following the re- Road, Beaver, WV 258139426, Telephone:
ceipt or posting of the training plan (304) 2563223, FAX: (304) 2563319, E-mail:
under paragraph (d) of this section, EFSlEAST@MSHA.GOV
miners or their representatives may Western Regional Manager
submit written comments on the plan
to you, or to the Regional Manager, as Educational Field Services, P.O. Box 25367,
Denver, CO 802250367, Telephone: (303) 231
appropriate. 5434, FAX: (304) 2315474, E-mail:
(f) The Regional Manager must no- EFSlWEST@MSHA.GOV
tify you and miners or their represent-
[64 FR 53130, Sept. 30, 1999, as amended at 67
atives in writing of the approval, or
FR 38384, June 4, 2002]
status of the approval, of the training
plan within 30 calendar days of the 46.4 Training plan implementation.
date we received the training plan for
(a) You must ensure that each pro-
approval, or within 30 calendar days of
gram, course of instruction, or training
the date we received the request by a
session is:
miner or miners representative that
(1) Conducted in accordance with the
we approve your plan.
written training plan;
(g) You must provide the miners rep- (2) Presented by a competent person;
resentative, if any, with a copy of the and
approved plan within one week after (3) Presented in language understood
approval. At mines where no miners by the miners who are receiving the
representative has been designated, training.
you must post a copy of the plan at the (b) You may conduct your own train-
mine or provide a copy to each miner ing programs or may arrange for train-
within one week after approval. ing to be conducted by: state or federal
(h) If you, miners, or miners rep- agencies; associations of production-
resentatives wish to appeal a decision operators or independent contractors;
of the Regional Manager, you must miners representatives; consultants;
send the appeal, in writing, to the Di- manufacturers representatives; pri-
rector for Educational Policy and De- vate associations; educational institu-
velopment, MSHA, 1100 Wilson Blvd., tions; or other training providers.
Room 2100, Arlington, Virginia 22209 (c) You may substitute, as applicable,
3939, within 30 calendar days after noti- health and safety training required by
fication of the Regional Managers de- the Occupational Safety and Health
cision. The Director will issue a final Administration (OSHA), or other fed-
decision of the Agency within 30 cal- eral or state agencies to meet require-
endar days after receipt of the appeal. ments under this part. This training
(i) You must make available at the must be relevant to training subjects
mine a copy of the current training required in this part. You must docu-
plan for inspection by us and for exam- ment the training in accordance with
ination by miners and their representa- 46.9 of this part.
tives. If the training plan is not main- (d) Training methods may consist of
tained at the mine, you must have the classroom instruction, instruction at
capability to provide the plan within the mine, interactive computer-based
one business day upon request by us, instruction or other innovative train-
miners, or their representatives. ing methods, alternative training tech-
(j) You must comply with the proce- nologies, or any combination of train-
dures for plan approval under this sec- ing methods.
tion whenever the plan undergoes revi- (e) Employee health and safety meet-
sions. ings, including informal health and

(k) The addresses for the EFS Re- safety talks and instruction, may be
gional Managers are as follows. Cur- credited under this part toward either
225
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.
(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
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
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.
227
(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
manner. To determine whether task fatalities and serious injuries at the

training under this section is required, mines covered by this rule, including:
you must observe that the miner can mobile equipment (haulage and service
228
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
(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.
229
46.10 30 CFR Ch. I (7115 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.
46.11 Site-specific hazard awareness 46.12 Responsibility for independent

training. contractor training.
(a) You must provide site-specific (a)(1) Each production-operator has
hazard awareness training before any primary responsibility for ensuring
person specified under this section is that site-specific hazard awareness
exposed to mine hazards. training is given to employees of inde-
pendent contractors who are required
(b) You must provide site-specific
to receive such training under 46.11 of
hazard awareness training, as appro-
this part.
priate, to any person who is not a
(2) Each production-operator must
miner as defined by 46.2 of this part
provide information to each inde-
but is present at a mine site, including:
pendent contractor who employs a per-
(1) Office or staff personnel; son at the mine on site-specific mine
(2) Scientific workers; hazards and the obligation of the con-
(3) Delivery workers; tractor to comply with our regulations,
(4) Customers, including commercial including the requirements of this
over-the-road truck drivers; part.
(5) Construction workers or employ- (b)(1) Each independent contractor
ees of independent contractors who are who employs a miner, as defined in
not miners under 46.2 of this part; 46.2, at the mine has primary respon-
(6) Maintenance or service workers sibility for complying with 46.3
who do not work at the mine site for through 46.10 of this part, including
frequent or extended periods; and providing new miner training, newly
(7) Vendors or visitors. hired experienced miner training, new
(c) You must provide miners, such as task training, and annual refresher
drillers or blasters, who move from one training.
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
230
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-
47.84 Non-emergency disclosure. tember 23, 2002. Operators of mines

47.85 Confidentiality agreement and rem- that employ five or fewer miners must
edies. instruct each miner with information
231
47.11 30 CFR Ch. I (7115 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
47.11 Definitions of terms used in this part.

The definitions in Table 47.11 apply in this part as follows:
TABLE 47.11DEFINITIONS
Term Definition for purposes of HazCom
Access ................................. The right to examine and copy records.

Article .................................. A manufactured item, other than a fluid or particle, that
(1) Is formed to a specific shape or design during manufacture, and
(2) Has end-use functions dependent on its shape or design.
Chemical ............................. Any element, chemical compound, or mixture of these.
Chemical name ................... (1) The scientific designation of a chemical in accordance with the nomenclature system of either
the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Serv-
ice (CAS), or
(2) A name that will clearly identify the chemical for the purpose of conducting a hazard evalua-
tion.
Common name .................... Any designation or identification (such as a code name, code number, trade name, brand name,
or generic name) used to identify a chemical other than by its chemical name.
Consumer product ............... A product or component of a product that is packaged, labeled, and distributed in the same form
and concentration as it is sold for use by the general public.
Container ............................. (1) Any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like.
(2) The following are not considered to be containers for the purpose of compliance with this part:
(i) Pipes or piping systems;
(ii) Conveyors; and
(iii) Engines, fuel tanks, or other operating systems or parts in a vehicle.
Cosmetics and drugs .......... (1) Cosmetics are any article applied to the human body for cleansing, beautifying, promoting
attractiveness, or altering appearance.
(2) Drugs are any article used to affect the structure or any function of the body of humans or
other animals.
CPSC .................................. The U.S. Consumer Product Safety Commission.
Designated representative .. (1) Any individual or organization to whom a miner gives written authorization to exercise the min-
ers rights under this part, or
(2) A representative of miners under part 40 of this chapter.
EPA ..................................... The U.S. Environmental Protection Agency.
Exposed .............................. Subjected, or potentially subjected, to a physical or health hazard in the course of employment.
Subjected, in terms of health hazards, includes any route of entry, such as through the lungs
(inhalation), the stomach (ingestion), or the skin (skin absorption).
Foreseeable emergency ..... Any potential occurrence that could result in an uncontrolled release of a hazardous chemical into
the mine.
Hazard warning ................... Any words, pictures, or symbols, appearing on a label or other form of warning, that convey the
specific physical and health hazards of the chemical. (See the definitions for physical hazard
and health hazard for examples of the hazards that the warning must convey.)
Hazardous chemical ............ Any chemical that can present a physical or health hazard.
Hazardous substance ......... Regulated by CPSC under the Federal Hazardous Substances Act or EPA under the Comprehen-
sive Environmental Response, Compensation, and Liability Act.
Hazardous waste ................ Chemicals regulated by EPA under the Solid Waste Disposal Act as amended by the Resource
Conservation and Recovery Act.
Health hazard ...................... A chemical for which there is statistically significant evidence that it can cause acute or chronic
health effects in exposed persons. Health hazard includes chemicals which
(1) Cause cancer;
(2) Damage the reproductive system or cause birth defects;
(3) Are irritants, corrosives, or sensitizers;
(4) Damage the liver;
(5) Damage the kidneys;
(6) Damage the nervous system;
(7) Damage the blood or lymphatic systems;
(8) Damage the stomach or intestines;
(9) Damage the lungs, skin, eyes, or mucous membranes; or
(10) Are toxic or highly toxic agents.
Health professional ............. A physician, physicians assistant, nurse, emergency medical technician, or other person qualified
to provide medical or occupational health services.
Identity ................................. A chemicals common name or chemical name.
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).
232
TABLE 47.11DEFINITIONSContinued
Term Definition for purposes of HazCom
(1) An operator prepares in accordance with Table 47.52Contents of MSDS; or

(2) An employer prepares in accordance with 29 CFR 1910.1200, 1915.1200, 1917.28, 1918.90,
1926.59, or 1928.21 (OSHA Hazard Communication regulations); or
(3) An independent source prepares which contains equivalent information, such as International
Chemical Safety Cards (ICSC) and Workplace Hazardous Material Information Sheets
(WHMIS).
Mixture ................................. Any combination of two or more chemicals which is not the result of a chemical reaction.
Ordinary consumer use ....... Household, family, school, recreation, or other personal use or enjoyment, as opposed to busi-
ness use.
OSHA .................................. The Occupational Safety and Health Administration, U.S. Department of Labor.
Physical hazard ................... A chemical for which there is scientifically valid evidence that it is
(1) Combustible liquid:
(i) A liquid having a flash point at or above 100 F (37.8 C) and below 200 F (93.3 C); or
(ii) A liquid mixture having components with flashpoints of 200 F (93.3 C) or higher, the total vol-
ume of which make up 99% or more of the mixture.
(2) Compressed gas:
(i) A contained gas or mixture of gases with an absolute pressure exceeding:
(A) 40 psi (276 kPa) at 70 F (21.1 C); or
(B) 104 psi (717 kPa) at 130 F (54.4 C) regardless of pressure at 70 F.
(ii) A liquid having a vapor pressure exceeding 40 psi (276 kPa) at 100 F (37.8 C) as deter-
mined by ASTM D32382.
(3) Explosive: A chemical that undergoes a rapid chemical change causing a sudden, almost in-
stantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or
high temperature.
(4) Flammable: A chemical that will readily ignite and, when ignited, will burn persistently at ambi-
ent temperature and pressure in the normal concentration of oxygen in the air.
(5) Organic peroxide: An explosive, shock sensitive, organic compound or an oxide that contains
a high proportion of oxygen-superoxide.
(6) Oxidizer: A chemical, other than an explosive, that initiates or promotes combustion in other
materials, thereby causing fire either of itself or through the release of oxygen or other gases.
(7) Pyrophoric: Capable of igniting spontaneously in air at a temperature of 130 F (54.4 C) or
below.
(8) Unstable (reactive): A chemical which in the pure state, or as produced or transported, will vig-
orously polymerize, decompose, condense, or become self-reactive under conditions of shock,
pressure, or temperature.
(9) Water-reactive: A chemical that reacts with water to release a gas that is either flammable or
a health hazard.
Produce ............................... To manufacture, process, formulate, generate, or repackage.
Raw material ....................... Ore, valuable minerals, worthless material or gangue, overburden, or a combination of these, that
is removed from natural deposits by mining or is upgraded through milling.
Trade secret ........................ Any confidential formula, pattern, process, device, information, or compilation of information that is
used by the operator and that gives the operator an opportunity to obtain an advantage over
competitors who do not know about it or use it.
Use ...................................... To package, handle, react, or transfer.
Work area ............................ Any place in or about a mine where a miner works.
[67 FR 42383, June 21, 2002; 67 FR 57635, Sept. 11, 2002]
Subpart CHazard Determination each chemical produced on mine prop-

erty to determine if it is hazardous as
47.21 Identifying hazardous chemi- specified in Table 47.21 as follows:
cals.
The operator must evaluate each
chemical brought on mine property and
TABLE 47.21IDENTIFYING HAZARDOUS CHEMICALS
Category Basis for determining if a chemical is hazardous
(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:
(1) Available evidence concerning its physical or health hazards.
(2) MSHA standards in 30 CFR chapter I.

(3) Occupational Safety and Health Administration (OSHA), 29 CFR part 1910, sub-
part Z, Toxic and Hazardous Substances.
233
47.31 30 CFR Ch. I (7115 Edition)
TABLE 47.21IDENTIFYING HAZARDOUS CHEMICALSContinued

Category Basis for determining if a chemical is hazardous
(4) American Conference of Governmental Industrial Hygienists (ACGIH), Thresh-

old Limit Values and Biological Exposure Indices (2001).
(5) U.S. Department of Health and Human Services, National Toxicology Program
(NTP), Ninth Annual Report on Carcinogens, January 2001.
(6) International Agency for Research on Cancer (IARC), Monographs and related
supplements, Volumes 1 through 77.
(c) Mixture produced at the mine ............... (1) If a mixture has been tested as a whole to determine its hazards, use the re-
sults of that testing.
(2) If a mixture has not been tested as a whole to determine its hazards
(i) Use available, scientifically valid evidence to determine its physical hazard po-
tential;
(ii) Assume that it presents the same health hazard as a non-carcinogenic compo-
nent that makes up 1% or more (by weight or volume) of the mixture; and
(iii) Assume that it presents a carcinogenic health hazard if a component consid-
ered carcinogenic by NTP or IARC makes up 0.1% or more (by weight or vol-
ume) of the mixture.
(3) If evidence indicates that a component could be released from a mixture in a
concentration that could present a health risk to miners, assume that the mixture
presents the same hazard.
Subpart DHazCom Program (i) Hazardous chemicals to which

their miners can be exposed,
47.31 Requirement for a HazCom (ii) The labeling system on the con-
program. tainers of these chemicals, and
Each operator must (iii) Appropriate protective meas-
(a) Develop and implement a written ures.
HazCom program,
[67 FR 42383, June 21, 2002; 67 FR 57635, Sept.
(b) Maintain it for as long as a haz-
11, 2002]
ardous chemical is known to be at the
mine, and
(c) Share relevant HazCom informa- Subpart EContainer Labels and
tion with other on-site operators whose Other Forms of Warning
miners can be affected.
47.41 Requirement for container la-
47.32 HazCom program contents. bels.
The HazCom program must include (a) The operator must ensure that
the following: each container of a hazardous chemical
(a) How this part is put into practice has a label. If a container is tagged or
at the mine through the use of marked with the appropriate informa-
(1) Hazard determination, tion, it is labeled.
(2) Labels and other forms of warn- (1) The operator must replace a con-
ing, tainer label immediately if it is miss-
(3) Material safety data sheets ing or if the hazard information on the
(MSDSs), and label is unreadable.
(4) Miner training.
(2) The operator must not remove or
(b) A list or other record identifying
deface existing labels on containers of
all hazardous chemicals known to be at
hazardous chemicals.
the mine. The list must
(1) Use a chemical identity that per- (b) For each hazardous chemical pro-
mits cross-referencing between the list, duced at the mine, the operator must
a chemicals label, and its MSDS; and prepare a container label and update
(2) Be compiled for the whole mine or this label with any significant, new in-
by individual work areas. formation about the chemicals hazards
(c) At mines with more than one op- within 3 months of becoming aware of
erator, the methods for this information.
(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
234
replace an outdated label when a re- Subpart FMaterial Safety Data

vised label is received from the chemi- Sheets (MSDS)
cals manufacturer or supplier. The op-
erator is not responsible for an inac- 47.51 Requirement for an MSDS.
curate label obtained from the chemi-
cals manufacturer or supplier. Operators must have an MSDS for
each hazardous chemical which they
47.42 Label contents. produce or use. The MSDS may be in
any medium, such as paper or elec-
When an operator must make a label,
tronic, that does not restrict avail-
the label must
ability.
(a) Be prominently displayed, legible,
accurate, and in English; (a) For each hazardous chemical pro-
(b) Display appropriate hazard warn- duced at the mine, the operator must
ings; prepare an MSDS, and update it with
(c) Use a chemical identity that per- significant, new information about the
mits cross-referencing between the list chemicals hazards or protective meas-
of hazardous chemicals, a chemicals ures within 3 months of becoming
label, and its MSDS; and aware of this information.
(d) Include on labels for cutomers, (b) For each hazardous chemical
the name and address of the operator brought to the mine, the operator must
or another responsible party who can rely on the MSDS received from the
provide additional information about chemical manufacturer or supplier, de-
the hazardous chemical. velop their own MSDS, or obtain one
from another source.
[67 FR 42383, June 21, 2002; 67 FR 63255, Oct.
(c) Although the operator is not re-
11, 2002]
sponsible for an inaccurate MSDS ob-
47.43 Label alternatives. tained from the chemicals manufac-
turer, supplier, or other source, the op-
The operator may use signs, placards, erator must
process sheets, batch tickets, operating
(1) Replace an outdated MSDS upon
procedures, or other label alternatives
receipt of an updated revision, and
for individual, stationary process con-
(2) Obtain an accurate MSDS as soon
tainers, provided that the alternative
as possible after becoming aware of an
(a) Identifies the container to which
inaccuracy.
it applies,
(b) Communicates the same informa- (d) The operator is not required to
tion as required on the label, and prepare an MSDS for an intermediate
(c) Is readily available throughout chemical or by-product resulting from
each work shift to miners in the work mining or milling if its hazards are al-
area. ready addressed on the MSDS of the
source chemical.
47.44 Temporary, portable con-
tainers. 47.52 MSDS contents.
(a) The operator does not have to When an operator must prepare an
label a temporary, portable container MSDS for a hazardous chemical pro-
if he or she ensures that the miner duced at the mine, the MSDS must
using the portable container (a) Be legible, accurate, and in
(1) Knows the identity of the chem- English;
ical, its hazards, and any protective (b) Use a chemical identity that per-
measures needed, and mits cross-referencing between the list
(2) Leaves the container empty at the of hazardous chemicals, the chemicals
end of the shift. label, and its MSDS; and
(b) Otherwise, the operator must (c) Contain information, or indicate
mark the temporary, portable con- if no information is available, for the
tainer with at least the common name categories listed in Table 47.52 as fol-
of its contents. lows:
235
47.53 30 CFR Ch. I (7115 Edition)
TABLE 47.52CONTENTS OF MSDS

Category Requirements, descriptions, and exceptions
(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.
[67 FR 42383, June 21, 2002; 67 FR 57635, Sept. 11, 2002]
47.53 Alternative for hazardous (b) Notify miners at least 3 months

waste. before disposing of the MSDS.
If the mine produces or uses haz-
ardous waste, the operator must pro- Subpart G [Reserved]
vide potentially exposed miners and
designated representatives access to Subpart HMaking HazCom
available information for the haz-
ardous waste that
Information Available
(a) Identifies its hazardous chemical 47.71 Access to HazCom materials.
components,
(b) Describes its physical or health Upon request, the operator must pro-
hazards, or vide access to all HazCom materials re-
(c) Specifies appropriate protective quired by this part to miners and des-
measures. ignated representatives, except as pro-
vided in 47.81 through 47.87 (provi-
47.54 Availability of an MSDS. sions for trade secrets).
The operator must make MSDSs ac-
cessible to miners during each work 47.72 Cost for copies.
shift for each hazardous chemical to (a) The operator must provide the
which they may be exposed either first copy and each revision of the
(a) At each work area where the haz- HazCom material without cost.
ardous chemical is produced or used, or
(b) Fees for a subsequent copy of the
(b) At an alternative location, pro-
vided that the MSDS is readily avail- HazCom material must be non-dis-
able to miners in an emergency. criminatory and reasonable.
47.55 Retaining an MSDS. 47.73 Providing labels and MSDSs to

customers.
The operator must
For a hazardous chemical produced
(a) Retain its MSDS for as long as

the hazardous chemical is known to be at the mine, the operator must provide
at the mine, and customers, upon request, with the
236
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 infor 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-
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.
237
47.85 30 CFR Ch. I (7115 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
Article ...................................................................... If, under normal conditions of use, it

(1) Releases no more than insignificant amounts of a hazardous chemical,
and
238
TABLE 47.91CHEMICALS AND PRODUCTS EXEMPT FROM THIS HAZCOM STANDARDContinued

(2) Poses no physical or health risk to exposed miners.

Biological hazards ................................................... All biological hazards, such as poisonous plants, insects, and micro-orga-
nisms.
Consumer product or hazardous substance regu- (1) If the miner uses it for the purpose the manufacturer intended; and
lated by CPSC.
(2) Such use does not expose the miner more often and for longer periods
than ordinary consumer use.
Cosmetics, drugs, food, food additive, color addi- When intended for personal consumption or use.
tive, drinks, alcoholic beverages, tobacco and
tobacco products, or medical or veterinary de-
vice or product, including materials intended for
use as ingredients in such products (such as
flavors and fragrances).
Radiation ................................................................. All ionizing or non-ionizing radiation, such as alpha or gamma, microwaves,
or x-rays.
Wood or wood products, including lumber ............. If they do not release or otherwise result in exposure to a hazardous chem-
ical under normal conditions of use. For example, wood is not exempt if it
is treated with a hazardous chemical or if it will be subsequently cut or
sanded.
47.92 Exemptions from labeling. tions described in Table 47.92 as fol-

A hazardous chemical is exempt from lows:
subpart E of this part under the condi-
TABLE 47.92HAZARDOUS CHEMICALS EXEMPT FROM LABELING
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]
PART 48TRAINING AND 48.7 Training of miners assigned to a task

in which they have had no previous expe-
RETRAINING OF MINERS rience; minimum courses of instruction.
48.8 Annual refresher training of miners;
Subpart ATraining and Retraining of minimum courses of instruction; hours of
Underground Miners instruction.
48.9 Records of training.
Sec. 48.10 Compensation for training.
48.1 Scope. 48.11 Hazard training.
48.2 Definitions. 48.12 Appeals procedures.
48.3 Training plans; time of submission;
where filed; information required; time Subpart BTraining and Retraining of Min-
for approval; method for disapproval; ers Working at Surface Mines and Sur-
commencement of training; approval of face Areas of Underground Mines
instructors.
48.4 Cooperative training program. 48.21 Scope.
48.5 Training of new miners; minimum 48.22 Definitions.
courses of instruction; hours of instruc- 48.23 Training plans; time of submission;

tion. where filed; information required; time
48.6 Experienced miner training. for approval; method for disapproval;
239
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
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
240
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
(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
241
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
whether they want to have instructors afforded an opportunity to discuss the

approved based on monitored perform- revisions with the District Manager, or
ance. The District Manager shall con- to propose alternate revisions or
242
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.
concern the training plan at the mine

and which are issued by the District [43 FR 47459, Oct. 13, 1978, as amended at 47
Manager. FR 23640, May 28, 1982]
243
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 introduction 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.
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.
244
(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-
miners who are
fighting, and emergency evacuation

(1) Newly employed by the operator; plans in effect at the mine; and the lo-
(2) Transferred to the mine; cation of abandoned areas; and
245
(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
clude and ground control machine operators,

(i) Instruction and demonstration in and those in blasting operations shall
the use, care, and maintenance of self- not perform new work tasks in these
246
categories until training prescribed in cedures for the equipment or machine

this paragraph and paragraph (b) of or blasting operation to the operator or
this section has been completed. This the operators agent.
training shall not be required for min- (c) Miners assigned a new task not
ers who have been trained and who covered in paragraph (a) of this section
have demonstrated safe operating pro- shall be instructed in the safety and
cedures for such new work tasks within health aspects and safe work proce-
12 months preceding assignment. This dures of the task, including informa-
training shall also not be required for tion about the physical and health haz-
miners who have performed the new ards of chemicals in the miners work
work tasks and who have demonstrated
area, the protective measures a miner
safe operating procedures for such new
can take against these hazards, and the
work tasks within 12 months preceding
assignment. The training program contents of the mines HazCom pro-
shall include the following: gram, prior to performing such task.
(1) Health and safety aspects and safe (d) Any person who controls or di-
operating procedures for work tasks, rects haulage operations at a mine
equipment, and machinery. The training shall receive and complete training
shall include instruction in the health courses in safe haulage procedures re-
and safety aspects and the safe oper- lated to the haulage system, ventila-
ating procedures related to the as- tion system, firefighting procedures,
signed tasks, including information and emergency evacuation procedures
about the physical and health hazards in effect at the mine before assignment
of chemicals in the miners work area, to such duties.
the protective measures a miner can (e) All training and supervised prac-
take against these hazards, and the tice and operation required by this sec-
contents of the mines HazCom pro- tion shall be given by a qualified train-
gram. The training shall be given in an er, or a supervisor experienced in the
on-the-job environment; and assigned tasks, or other person experi-
(2)(i) Supervised practice during non- enced in the assigned tasks.
production. The training shall include
supervised practice in the assigned [43 FR 47459, Oct. 13, 1978, as amended at 44
tasks, and the performance of work du- FR 1980, Jan. 9, 1979; 47 FR 23640, May 28,
ties at times or places where produc- 1982; 67 FR 42388, June 21, 2002]
tion is not the primary objective; on
(ii) Supervised operation during pro- 48.8 Annual refresher training of
duction. The training shall include, miners; minimum courses of in-
struction; hours of instruction.
while under direct and immediate su-
pervision and production is in progress, (a) Each miner shall receive a min-
operation of the machine or equipment imum of 8 hours of annual refresher
and the performance of work duties. training as prescribed in this section.
(3) New or modified machines and (b) The annual refresher training pro-
equipment. Equipment and machine op- gram for all miners shall include the
erators shall be instructed in safe oper- following courses of instruction:
ating procedures applicable to new or (1) Mandatory health and safety stand-
modified machines or equipment to be ards. The course shall include manda-
installed or put into operation in the tory health and safety standard re-
mine, which require new or different quirements which are related to the
operating procedures.
miners tasks.
(4) Such other courses as may be re-
(2) Transportation controls and commu-
on circumstances and conditions at the nication systems. The course shall in-
mine. clude instruction on the procedures for
(b) Miners under paragraph (a) of this riding on and in mine conveyances; the
section shall not operate the equip- controls in effect for the transpor-
ment or machine or engage in blasting tation of miners and materials; and the
use of the mine communication sys-
operations without direction and im-

mediate supervision until such miners tems, warning signals, and directional
have demonstrated safe operating pro- signs.
247
(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.
mine gases. (b) False certification that training

(11) Health. The course shall include was given shall be punishable under
instruction on the purpose of taking section 110 (a) and (f) of the Act.
248
(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.
(b) Miners shall receive the instruc-

tion required by this section at least
once every 12 months.
249
48.21 30 CFR Ch. I (7115 Edition)
Subpart BTraining and Retraining (i) Construction workers under sub-

of Miners Working at Surface part C of this Part 48;
(ii) Any person covered under para-
Mines and Surface Areas of graph (a)(2) of this section.
Underground Mines (2) Miner means, for purposes of 48.31
(Hazard training) of this subpart B, any
48.21 Scope.
person working in a surface mine, in-
The provisions of this subpart B set cluding any delivery, office, or sci-
forth the mandatory requirements for entific worker or occasional, short-
submitting and obtaining approval of term maintenance or service worker
programs for training and retraining contracted by the operator, and any
miners working at surface mines and student engaged in academic projects
surface areas of underground mines. involving his or her extended presence
Requirements regarding compensation at the mine. This definition excludes
for training and retraining are also in- persons covered under paragraph (a)(1)
cluded. The requirements for training of this section and subpart C of this
and retraining miners working in un- part.
derground mines are set forth in sub- (b) Experienced miner means:
part A of this part. This part does not (1) A miner who has completed
apply to training and retraining of MSHA-approved new miner training for
miners at shell dredging, sand, gravel, surface miners or training acceptable
surface stone, surface clay, colloidal to MSHA from a State agency and who
phosphate, and surface limestone has had at least 12 months of surface
mines, which are covered under 30 CFR mining experience; or
part 46. (2) A supervisor who is certified
under an MSHA-approved State certifi-
[43 FR 47459, Oct. 13, 1978, as amended at 64
cation program and who is employed as
FR 53130, Sept. 30, 1999]
a surface supervisor on October 6, 1998;
48.22 Definitions. or
(3) An experienced surface miner on
For the purposes of this subpart B February 3, 1999.
(a)(1) Miner means, for purposes of (4)(i) A person employed as a surface
48.23 through 48.30 of this subpart B, shaft or slope construction worker on
any person working in a surface mine the June 28, 2006; or,
or surface areas of an underground (ii) A person who has six months of
mine and who is engaged in the extrac- surface shaft or slope experience within
tion and production process, or en- 24 months before June 28, 2006.
gaged in shaft or slope construction, or (c) New miner means a miner who is
who is regularly exposed to mine haz- not an experienced miner.
ards, or who is a maintenance or serv- (d) Normal working hours means a pe-
ice worker employed by the operator or riod of time during which a miner is
a maintenance or service worker con- otherwise scheduled to work. This defi-
tracted by the operator to work at the nition does not preclude scheduling
mine for frequent or extended periods. training classes on the sixth or seventh
This definition shall include the oper- working day if such a work schedule
ator if the operator works at the mine has been established for a sufficient pe-
on a continuing, even if irregular, riod of time to be accepted as the oper-
basis. Short-term, specialized contract ators common practice. Miners shall
workers, such as drillers and blasters, be paid at a rate of pay which shall cor-
who are engaged in the extraction and respond to the rate of pay they would
production process or engaged in shaft have received had they been per-
or slope construction and who have re- forming their normal work tasks.
ceived training under 48.26 (Experi- (e) Operator means any owner, lessee,
enced miner training) of this subpart or other person who operates, controls,
B, may in lieu of subsequent training or supervises a surface mine or surface
under that section for each new em- area of an underground mine; or any
ployment, receive training under 48.31 independent contractor identified as an

(Hazard training) of this subpart B. operator performing services or con-
This definition does not include: struction at such time.
250
(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
(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
48.23 30 CFR Ch. I (7115 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
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
252
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-
(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.
253
48.25 30 CFR Ch. I (7115 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
on mine property.
effect for riding on and in mine convey-

ances where applicable; the controls for
the transportation of miners and mate-
254
(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
shall be observed and explained.
(2) Mandatory health and safety stand-
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,
(2) Transferred to the mine; the illumination of work areas, and

(3) Experienced surface miners trans- safe work procedures for miners during
ferred from underground to surface; or hours of darkness.
255
48.27 30 CFR Ch. I (7115 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
miners absence and that could ad- environment; and

versely affect the miners health or (2)(i) Supervised practice during non-
safety. production. The training shall include
256
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.
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
48.29 30 CFR Ch. I (7115 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]
quired by the District Manager based 48.30 Compensation for training.
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
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
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.
49.18 Training for mine rescue teams.
resentative shall have the right of ap- 49.19 Mine emergency notification plan.
peal from a decision of the District 49.20 Requirements for all coal mines.
Manager. 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
contest.
mitted, in writing, to the Adminis-
trator for Coal Mine Safety and Health APPENDIX TO SUBPART B J OF PART 49OP-
TIONAL FORM FOR CERTIFYING MINE RES-
or Administrator for Metal and Non-
CUE TEAMS
metal Safety and Health, as appro-
priate, MSHA, 1100 Wilson Blvd., Room AUTHORITY: 30 U.S.C. 811, 825(e).
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-
ator, the miners or their representa-
Nonmetal Mines
tives, and the District Manager, if the 49.1 Purpose and scope.
Administrator determines such infor-
mation is necessary. This part implements the provisions
(c) The Administrator shall render a of Section 115(e) of the Federal Mine
decision on the appeal within 30 days Safety and Health Act of 1977. Every
after receipt of the appeal. operator of an underground mine shall
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
Sec. under special mining conditions ( 49.4),
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.
49.6 Equipment and maintenance require- mine rescue services which assures
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
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
259
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-
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:
260
(1) The individual circumstances of district in which the mine is located

the small and remote mine; for review and approval.
(2) Comments submitted by, or on be- (c) To be considered operating under
half of, any affected miner; and special mining conditions, the oper-
(3) Whether the alternative mine res- ator must show that all of the fol-
cue plan provides a suitable rescue ca- lowing conditions are present:
pability at the operators mine. (1) The mine has multiple adits or en-
(f) Where alternative compliance is tries;
approved by MSHA, the operator shall (2) The mined substance is non-
adopt the alternative plan and post a combustible and the mining atmos-
copy of the approved plan (with appro- phere nonexplosive;
priate MSHA mine emergency tele- (3) There are multiple vehicular
phone numbers) at the mine for the openings to all active mine areas, suffi-
miners information. Where a miners cient to allow fire and rescue vehicles
representative has been designated, the full access to all parts of the mine in
operator shall also provide the rep- which miners work or travel;
resentative with a copy of the approved
(4) Roadways or other openings are
plan.
not supported or lined with combus-
(g) The operator shall notify the Dis-
tible materials;
trict Manager of any changed condition
(5) The mine shall not have a history
or factor materially affecting informa-
of flammable-gas emission or accumu-
tion submitted in the application for
lation, and the mined substance shall
alternative mine rescue capability.
not have a history associated with
(h)(1) An approved plan for alter-
flammable or toxic gas problems; and
native mine rescue capability shall be
subject to revocation or modification (6) Any reported gas or oil well or ex-
for cause by MSHA, where it is deter- ploratory drill hole shall be plugged to
mined that a condition or factor has within 100 feet above and below the ho-
changed which would materially alter rizon of the ore body or seam.
the operators mine rescue capability. (d) Each application shall contain:
If such action is contemplated, the op- (1) An explanation of the special min-
erator will be notified, and given an oping conditions;
portunity to be heard before the appro- (2) The number of miners employed
priate District Manager. underground at the mine on each shift;
(2) If an application for alternative (3) The distances from the two near-
compliance is denied or revoked, the est mine rescue stations;
District Manager shall provide the rea- (4) The operators mine fire history;
son for such denial or revocation in (5) The operators established escape
writing to the operator. The operator and evacuation plan;
may appeal this decision in writing to (6) The operators alternative plan
the Administrator for Coal Mine Safety for assuring that a suitable mine res-
and Health or the Administrator for cue capability is provided at all times
Metal and Nonmetal Mine Safety and when miners are underground; and
Health, as appropriate, 1100 Wilson (7) Other relevant information about
Blvd., Room 2424 (Coal) or Room 2436 the operators mine which may be re-
(Metal and Nonmetal), Arlington, Vir- quested by the District Manager.
ginia 222093939. (e) A copy of the operators applica-
[45 FR 47002, July 11, 1980, as amended at 67 tion shall be posted at the mine. Where
FR 38385, June 4, 2002] a miners representative has been des-
ignated, the operator shall also provide
49.4 Alternative mine rescue capa- the representative with a copy of the
bility for special mining conditions. application.
(a) If an underground mine is oper- (f) In determining whether to approve
ating under special mining conditions, an application for alternative compli-
the operator may provide an alter- ance, the District Manager shall con-
native mine rescue capability. sider:
(b) An application for alternative (1) The individual circumstances of

mine rescue capability shall be sub- the mine operating under special min-
mitted to the District Manager for the ing conditions;
261
(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
vide a centralized storage location for communication system.

rescue equipment. This centralized (ii) These communication systems
storage location may be either at the shall be at least 1,000 feet in length.
262
(9) Necessary spare parts and tools (6) Heart disease;

for repairing the breathing apparatus (7) Hernia;
and communication system. (8) Absence of a limb or hand; or
(b) Mine rescue apparatus and equip- (9) Any other condition which the ex-
ment shall be maintained in a manner amining physician determines is rel-
that will ensure readiness for imme- evant to the question of whether the
diate use. miner is fit for rescue team service;
(1) A person trained in the use and
(c) The operator shall have MSHA
care of breathing apparatus shall in-
spect and test the apparatus at inter- Form 50003 certifying medical fitness
vals not exceeding 30 days and shall completed and signed by the examining
certify by signature and date that the physician for each member of a mine
inspections and tests were done. rescue team. These forms shall be kept
(2) When the inspection indicates on file at the mine rescue station for a
that a corrective action is necessary, period of one year.
the corrective action shall be made and
the person shall record the corrective 49.8 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 one year and made available on re- Office of Educational Policy and Devel-
quest to an authorized representative opment, in the use, care, and mainte-
of the Secretary. nance of the type of breathing appa-
[73 FR 53123, Sept. 15, 2008] ratus which will be used by the mine
rescue team. The initial training re-
49.7 Physical requirements for mine quirement is waived for those miners
rescue team. on a mine rescue team on the effective
(a) Each member of a mine rescue date of this rule.
team shall be examined annually by a (b) Upon completion of the initial
physician who shall certify that each training, all team members shall re-
person is physically fit to perform ceive at least 40 hours of refresher
mine rescue and recovery work for pro- training annually. This training shall
longed periods under strenuous condi- be given at least 4 hours each month,
tions. The first such physical examina- or for a period of 8 hours every two
tion shall be completed within 60 days months. This training shall include:
prior to scheduled initial training. A (1) Sessions underground at least
team member requiring corrective eye- once each 6 months;
glasses will not be disqualified pro- (2) The wearing and use of the
vided the eyeglasses can be worn se- breathing apparatus by team members
curely within an approved facepiece. for a period of at least two hours while
(b) In determining whether a miner is under oxygen every two months;
physically capable of performing mine
(3) Where applicable, the use, care,
rescue duties, the physician shall take
capabilities, and limitations of auxil-
the following conditions into consider-
iary mine rescue equipment, or a dif-
ation:
ferent breathing apparatus;
(1) Seizure disorder;
(2) Perforated eardrum; (4) Advanced mine rescue training
(3) Hearing loss without a hearing aid and procedures; as prescribed by
greater than 40 decibels at 400, 1,000 and MSHAs Office of Educational Policy
2,000 Hz; and Development; and
(4) Repeated blood pressure (con- (5) Mine map training and ventilation
trolled or uncontrolled by medication) procedures.
reading which exceeds 160 systolic, or (c) A mine rescue team member will
100 diastolic, or which is less than 105 be ineligible to serve on a team if more
systolic, or 60 diastolic; than 8 hours of training is missed dur-
(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.
263
(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.
264
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.
Team must include at least two active YES

employees from each covered large
mine and at least one active em-
ployee from each covered small mine.
Team must be comprised of persons YES
with a minimum of 3 years under-
ground coal mine experience that
shall have occurred within the 10-
year period preceding their employ-
ment on the contract mine rescue
team.
All mine operators must provide for two certified mine rescue teams. Large mine operators shall provide one team that is either
an individual mine-site mine rescue team or a composite team.
Team members of State-sponsored teams who are full-time State employees whose primary job duties include (1) inspecting
underground mines for compliance with State safety laws or (2) training mine rescue teams or (3) other similar duties that would
enhance their mine rescue knowledge may substitute their regular job experience for 50 percent of the training requirements for
non-State employee mine rescue team members, except these team members must participate in two local mine rescue contests
and train at the covered mine in accordance with 49.20(b).
[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-
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
265
49.13 30 CFR Ch. I (7115 Edition)
(e) The required rescue capability (b) An application for alternative

shall be present at all existing under- mine rescue capability shall be sub-
ground mines, upon initial excavation mitted to the District Manager for the
of a new underground mine entrance, district in which the mine is located
or the re-opening of an existing under- for review and approval.
ground mine. (c) Each application for an alter-
(f) No mine served by a mine rescue native mine rescue capability shall
team shall be located more than 1 hour contain:
ground travel time from the mine res- (1) The number of miners employed
cue station with which the rescue team underground at the mine on each shift;
is associated. (2) The location of the designated
(g) As used in this subpart, mine res- mine rescue station serving the mine;
cue teams shall be considered available (3) The total underground employ-
where teams are capable of presenting ment of mines within 1 hour ground
themselves at the mine site(s) within a travel time of the operators mine;
reasonable time after notification of an (4) The operators mine fire, ground,
occurrence which might require their and roof control history;
services. Rescue team members will be (5) The operators established escape
considered available even though per- and evacuation plan;
forming regular work duties or in an (6) A statement by the operator eval-
off-duty capacity. The requirement uating the usefulness of additional ref-
that mine rescue teams be available uge chambers to supplement those
shall not apply when teams are partici- which may exist;
pating in mine rescue contests or pro- (7) A statement by the operator as to
viding services to another mine. the number of miners willing to serve
(h) Each operator of an underground on a mine rescue team;
mine who provides rescue teams under (8) The operators alternative plan
this section shall send the District for assuring that a suitable mine res-
Manager a statement describing the cue capability is provided at all times
mines method of compliance with this when miners are underground; and
subpart. The statement shall disclose (9) Other relevant information about
whether the operator has independ- the operators mine which may be re-
ently provided mine rescue teams or quested by the District Manager.
entered into an agreement for the serv- (d) A copy of the operators applica-
ices of mine rescue teams. The name of tion shall be posted at the mine. Where
the provider and the location of the a miners representative has been des-
services shall be included in the state- ignated, the operator shall also provide
ment. A copy of the statement shall be the representative with a copy of the
posted at the mine for the miners in- application.
formation. Where a miners representa- (e) In determining whether to ap-
tive has been designated, the operator prove an application for alternative
shall also provide the representative compliance, the District Manager shall
with a copy of the statement. consider:
(1) The individual circumstances of
49.13 Alternative mine rescue capa- the small and remote mine;
bility for small and remote mines. (2) Comments submitted by, or on be-
(a) If an underground mine is small half of, any affected miner; and
and remote, an operator may provide (3) Whether the alternative mine res-
for an alternative mine rescue capa- cue plan provides a suitable rescue ca-
bility consistent with statutory re- pability at the operators mine.
quirements. For the purposes of this (f) Where alternative compliance is
subpart only, consideration for small approved by MSHA, the operator shall
and remote shall be given where the adopt the alternative plan and post a
total underground employment of the copy of the approved plan (with appro-
operators mine and any surrounding priate MSHA mine emergency tele-
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
266
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 operations.
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-
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.
267
49.17 30 CFR Ch. I (7115 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
ness completed and signed by the ex- approval through:

amining physician for each member of (1) Completion of an MSHA or State
a mine rescue team. These forms shall approved instructors training course
268
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
two local mine rescue contests. the operations and ventilation of each
(b) Team members shall meet the fol- covered mine.
lowing:
269
49.40 30 CFR Ch. I (7115 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 restrict 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)
TABLE 49.50BANNUAL CRITERIA TO MAINTAIN MINE RESCUE TEAM CERTIFICATION

Criteria
Qualification (30 CFR)
(1) Members are properly trained annually ............................................................................................ 49.18(b)

(2) Members are familiar with the operations of each covered mine .................................................... 49.20(a)(1)
(3) Members participate in at least two local mine rescue contests annually. Judges certify results .. 49.20(a)(2)
(4) Members participate in mine rescue training at each covered mine ............................................... 49.20(b)(1);
49.20(b)(2)(iii);
49.20(b)(3)(ii);
49.20(b)(4)
(5) Members are knowledgeable about the operations and ventilation of each covered mine ............ 49.20(b)(2)(ii);
49.20(b)(3)(i); 49.30
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
formation concerning each designated
evaluate the performance of each team

teams schedule of participation in up-
and provide written feedback, and
coming local mine rescue contests.
270
Mine Safety and Health Admin., Labor Pt. 49, Subpt. B, App.
APPENDIX TO SUBPART B OF PART 49OPTIONAL FORM FOR CERTIFYING MINE

RESCUE TEAMS
271
ER08FE08.000</GPH>
Pt. 49, Subpt. B, App. 30 CFR Ch. I (7115 Edition)
272
ER08FE08.001</GPH>
SUBCHAPTER IACCIDENTS, INJURIES, ILLNESSES,
EMPLOYMENT, AND PRODUCTION IN MINES
PART 50NOTIFICATION, INVES- Subpart AGeneral

TIGATION, REPORTS AND
RECORDS OF ACCIDENTS, INJU- 50.1 Purpose and scope.
RIES, ILLNESSES, EMPLOYMENT, This part 50 implements sections
AND COAL PRODUCTION IN 103(e) and 111 of the Federal Coal Mine
MINES Health and Safety Act of 1969, 30 U.S.C.
801 et seq., and sections 4 and 13 of the
Subpart AGeneral Federal Metal and Nonmetallic Mine
Safety Act, 30 U.S.C. 721 et seq., and ap-
Sec. plies to operators of coal, metal, and
50.1 Purpose and scope. nonmetallic mines. It requires opera-
50.2 Definitions.
tors to immediately notify the Mine
Subpart BNotification, Investigation, Safety and Health Administration
Preservation of Evidence (MSHA) of accidents, requires opera-
tors to investigate accidents, and re-
50.10 Immediate notification. stricts disturbance of accident related
50.11 Investigation. areas. This part also requires operators
50.12 Preservation of evidence. to file reports pertaining to accidents,
occupational injuries and occupational
Subpart CReporting of Accidents,
illnesses, as well as employment and
Injuries, and Illnesses
coal production data, with MSHA, and
50.20 Preparation and submission of MSHA requires operators to maintain copies
Report Form 70001Mine Accident, In- of reports at relevant mine offices. The
jury, and Illness Report. purpose of this part is to implement
50.201 General instructions for completing MSHAs authority to investigate, and
MSHA Form 70001.
to obtain and utilize information per-
50.202 CriteriaTransfer to another job.
50.203 CriteriaDifferences between med-
taining to, accidents, injuries, and ill-
ical treatment and first aid. nesses occurring or originating in
50.204 CriteriaMSHA Form 70001, Sec- mines. In utilizing information re-
tion A. ceived under part 50, MSHA will de-
50.205 CriteriaMSHA Form 70001, Sec- velop rates of injury occurrence (inci-
tion B. dent rates or IR), on the basis of 200,000
50.206 CriteriaMSHA Form 70001, Sec- hours of employee exposure (equivalent
tion C. to 100 employees working 2,000 hours
50.207 CriteriaMSHA Form 70001, Sec-
per year). The incidence rate for a par-
tion D.
ticular injury category will be based on
Subpart DQuarterly Employment and the formula:
Coal Production Report IR = (number of cases 200,000) divided
50.30 Preparation and submission of MSHA by hours of employee exposure.
Form 70002Quarterly Employment and
Coal Production Report. MSHA will develop data respecting in-
50.301 General instructions for completing jury severity using days away from
MSHA Form 70002. work or days of restricted work activ-
ity and the 200,000 hour base as cri-
Subpart EMaintenance of Records; teria. The severity measure (SM) for a
Verification of Information particular injury category will be
50.40 Maintenance of records.
based on the formula:
50.41 Verification of reports. SM = (sum of days 200,000) divided by
AUTHORITY: 29 U.S.C. 557(a); 30 U.S.C. 811, hours of employee exposure.
813(j), 951, 957, 961.
[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11,

SOURCE: 42 FR 65535, Dec. 30, 1977, unless 1978, as amended at 43 FR 12318, Mar. 24, 1978;
otherwise noted. 71 FR 16666, Apr. 3, 2006]
273
50.2 Definitions. (h) Accident means:

As used in this part: (1) A death of an individual at a
(a) Mine means: (1) An area of land mine;
from which minerals are extracted in (2) An injury to an individual at a
nonliquid form or, if in liquid form, are mine which has a reasonable potential
extracted with workers underground (2) to cause death;
(3) An entrapment of an individual
private ways and roads appurtenant to
for more than 30 minutes or which has
such area, and (3) lands, excavations,
a reasonable potential to cause death;
underground passageways, shafts,
(4) An unplanned inundation of a
slopes, tunnels and workings, struc-
mine by a liquid or gas;
tures, facilities, equipment, machines,
(5) An unplanned ignition or explo-
tools, or other property including im-
sion of gas or dust;
poundments, retention dams, and
(6) In underground mines, an un-
tailings ponds, on the surface or under-
planned fire not extinguished within 10
ground, used in, or to be used in, or re-
minutes of discovery; in surface mines
sulting from, the work of extracting
and surface areas of underground
such minerals from their natural de-
mines, an unplanned fire not extin-
posits in nonliquid form, or if in liquid
guished within 30 minutes of discovery;
form, with workers underground, or
(7) An unplanned ignition or explo-
used in, or to be used in, the milling of
sion of a blasting agent or an explosive;
such minerals, or the work of preparing
(8) An unplanned roof fall at or above
coal or other minerals, and includes
the anchorage zone in active workings
custom coal preparation facilities.
where roof bolts are in use; or, an un-
(b) Work of preparing the coal means
planned roof or rib fall in active work-
the breaking, crushing, sizing, clean-
ings that impairs ventilation or im-
ing, washing, drying, mixing, storing,
pedes passage;
and loading of bituminous coal, lignite,
(9) A coal or rock outburst that
or anthracite, and such other work of causes withdrawal of miners or which
preparing such coal as is usually done disrupts regular mining activity for
by the operator of the coal mine. more than one hour;
(c) Operator means (10) An unstable condition at an im-
(1) Any owner, lessee, or other person poundment, refuse pile, or culm bank
who operates, controls, or supervises a which requires emergency action in
coal mine; or, order to prevent failure, or which
(2) The person, partnership, associa- causes individuals to evacuate an area;
tion, or corporation, or subsidiary of a or, failure of an impoundment, refuse
corporation operating a metal or pile, or culm bank;
nonmetal mine, and owning the right (11) Damage to hoisting equipment in
to do so, and includes any agent there- a shaft or slope which endangers an in-
of charged with responsibility for the dividual or which interferes with use of
operation of such mine. the equipment for more than thirty
(d) Miner means any individual work- minutes; and
ing in a mine. (12) An event at a mine which causes
(e) Occupational injury means any in- death or bodily injury to an individual
jury to a miner which occurs at a mine not at the mine at the time the event
for which medical treatment is admin- occurs.
istered, or which results in death or
loss of consciousness, inability to per- [42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11,
form all job duties on any day after an 1978, as amended at 43 FR 12318, Mar. 24, 1978;
69 FR 26499, May 13, 2004; 71 FR 71452, Dec. 8,
injury, temporary assignment to other
2006]
duties, or transfer to another job.
(f) Occupational illness means an ill-
ness or disease of a miner which may Subpart BNotification, Investiga-
have resulted from work at a mine or tion, Preservation of Evi-
for which an award of compensation is dence
made.
50.10 Immediate notification.
(g) First aid means one-time treat-

ment, and any follow-up visit for obser- The operator shall immediately con-
vational purposes, of a minor injury. tact MSHA at once without delay and
274
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 rein 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
caused an injury; is diagnosed. When an accident speci-

(6) The name, occupation, and experi- fied in 50.10 occurs, which does not in-
ence of any miner involved; volve an occupational injury, sections
275
50.201 30 CFR Ch. I (7115 Edition)
A, B, and items 5 through 12 of section electronic filing, contact the MSHA

C of Form 70001 shall be completed help desk at 8777786055.
and mailed to MSHA in accordance
[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11,
with the instructions in 50.201 and 1978; 60 FR 35695, July 11, 1995, as amended at
criteria contained in 50.204 through 69 FR 26499, May 13, 2004; 71 FR 16666, Apr. 3,
50.206. 2006]
(b) Each operator shall report each
occupational injury or occupational ill- 50.202 CriteriaTransfer to an-
ness on one set of forms. If more than other job.
one miner is injured in the same acci- Transfer to another job means
dent or is affected simultaneously with transfers, either temporary, or perma-
the same occupational illness, an oper- nent, which are occasioned by a work-
ator shall complete a separate set of related injury or illness. Permanent or
forms for each miner affected. To the temporary transfers to remove miners
extent that the form is not self-explan- from further exposure to health haz-
atory, an operator shall complete the ards are considered preventative in na-
form in accordance with the instruc- ture and are not required to be re-
tions in 50.201 and criteria contained ported. Controlling the amount of ex-
in 50.202 through 50.207. posure to radiation during some period
(Secs. 103 (a) and (h), and 508, Pub. L. 91173, of time is one example. Transfer of a
as amended by Pub. L. 95164, 91 Stat. 1297, coal miner to a less dusty area of a
1299, 83 Stat. 803 (30 U.S.C. 801, 813, 957)) mine when the miner elects to exercise
[42 FR 65535, Dec. 30, 1977, as amended at 44 rights under Section 203(b) of the Fed-
FR 52828, Sept. 11, 1979; 60 FR 35695, July 11, eral Coal Mine Health and Safety Act
1995; 69 FR 26499, May 13, 2004] of 1969 is another example.
50.201 General instructions for com- 50.203 CriteriaDifferences be-
pleting MSHA Form 70001. tween medical treatment and first
Each Form 70001 consists of four aid.
sheets, an original and three copies. (a) Medical treatment includes, but
The original form shall be mailed is not limited to, the suturing of any
to:MSHA Office of Injury and Employ- wound, treatment of fractures, applica-
ment Information, P.O. Box 25367, Den- tion of a cast or other professional
ver Federal Center, Denver, Colo. 80225, means of immobilizing an injured part
within ten working days after an acci- of the body, treatment of infection
dent, occupational injury or occupa- arising out of an injury, treatment of
tional illness. At the same time, the bruise by the drainage of blood, sur-
first copy shall be mailed to the appro- gical removal of dead or damaged skin
priate local MSHA district office. If the (debridement), amputation or perma-
first copy does not contain a completed nent loss of use of any part of the body,
Section DReturn to Duty Informa- treatment of second and third degree
tionthe second copy shall be retained burns. Procedures which are diagnostic
by the operator until the miner returns in nature are not considered by them-
to work or a final disposition is made selves to constitute medical treat-
respecting the miner. When the miner ments. Visits to a physician, physical
returns to work or a final disposition is examinations, X-ray examinations, and
made, the operator shall, within five hospitalization for observations, where
days, complete Section D and mail the no evidence of injury or illness is found
second copy to the MSHA Office of In- and no medical treatment given, do not
jury and Employment Information at in themselves constitute medical treat-
the above address. A third copy, con- ment. Procedures which are preventive
taining all the information in the first in nature also are not considered by
and second copies shall be retained at themselves to constitute medical
the mine office closest to the mine for treatment. Tetanus and flu shots are
a period of five years. You may also considered preventative in nature.
submit reports by facsimile, 888231 First aid includes any one-time treat-
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
burns and splinters. Ointments, salves, ment of infection, or other professional

antiseptics, and dressings to minor in- treatment.
juries are considered to be first aid. (5) Eye Injuries. (i) First aid treat-
(1) Abrasion. (i) First aid treatment is ment is limited to irrigation, removal
limited to cleaning a wound, soaking, of foreign material not imbedded in
applying antiseptic and nonprescrip- eye, and application of nonprescription
tion medication and bandages on the medications. A precautionary visit
first visit and follow-up visits limited (special examination) to a physician is
to observation including changing considered as first aid if treatment is
dressing and bandages. Additional limited to above items, and follow-up
cleaning and application of antiseptic visits if they are limited to observation
constitutes first aid where it is re- only.
quired by work duties that soil the (ii) Medical treatment cases involve
bandage. removal of imbedded foreign objects,
(ii) Medical treatment includes ex- use of prescription medications, or
amination for removal of imbedded for-
other professional treatment.
eign material, multiple soakings,
(6) Inhalation of Toxic or Corrosive
whirlpool treatment, treatment of in-
fection, or other professional treat- Gases. (i) First aid treatment is limited
ments and any treatment involving to removal of the miner to fresh air or
more than a minor spot-type injury. the one-time administration of oxygen
Treatment of abrasions occurring to for several minutes.
greater than full skin depth is consid- (ii) Medical treatment consists of
ered medical treatment. any professional treatment beyond
(2) Bruises. (i) First aid treatment is that mentioned under first aid and all
limited to a single soaking or applica- cases involving loss of consciousness.
tion of cold compresses, and follow-up (7) Foreign Objects. (i) First aid treat-
visits if they are limited only to obser- ment is limited to cleaning the wound,
vation. removal of any foreign object by tweez-
(ii) Medical treatment includes mul- ers or other simple techniques, applica-
tiple soakings, draining of collected tion of antiseptics and nonprescription
blood, or other treatment beyond ob- medications, and bandaging on the
servation. first visit. Follow-up visits are limited
(3) Burns, Thermal and Chemical (re- to observation including changing of
sulting in destruction of tissue by direct bandages. Additional cleaning and ap-
contact). (i) First aid treatment is lim- plications of antiseptic constitute first
ited to cleaning or flushing the surface, aid where it is required by work duties
soaking, applying cold compresses, that soil the bandage.
antiseptics or nonprescription medica- (ii) Medical treatment consists of re-
tions, and bandaging on the first visit, moval of any foreign object by physi-
and follow-up visits restricted to obser- cian due to depth of imbedment, size or
vation, changing bandages, or addi- shape of object, or location of wound.
tional cleaning. Most first degree burns Treatment for infection, treatment of a
are amenable to first aid treatment. reaction to tetanus booster, or other
(ii) Medical treatment includes a se- professional treatment, is considered
ries of treatments including soaks, medical treatment.
whirlpool, skin grafts, and surgical (8) Sprains and Strains. (i) First aid
debridement (cutting away dead skin). treatment is limited to soaking, appli-
Most second and third degree burns re- cation of cold compresses, and use of
quire medical treatment. elastic bandages on the first visit. Fol-
(4) Cuts and Lacerations. (i) First aid low-up visits for observation, including
treatment is the same as for abrasions
reapplying bandage, are first aid.
except the application of butterfly clo-
(ii) Medical treatment includes a se-
sures for cosmetic purposes only can be
ries of hot and cold soaks, use of whirl-
considered first aid.
(ii) Medical treatment includes the pools, diathermy treatment, or other
professional treatment.
application of butterfly closures for

non-cosmetic purposes, sutures, [42 FR 65535, Dec. 30, 1977; 43 FR 12318, Mar.
(stitches), surgical debridement, treat- 24, 1978]
277
50.204 30 CFR Ch. I (7115 Edition)
50.204 CriteriaMSHA Form 70001, 50.206 CriteriaMSHA Form 70001,

Section A. Section C.
(a) MSHA I.D. number. Enter the (a) Complete items 5 through 12 for
seven digit number assigned to the each accident, occupational injury, or
mine operation by MSHA. If the num- occupational illness.
ber is unknown, the nearest MSHA Dis- (1) Item 5. Location and mining
trict Office should be contacted. method. Circle the appropriate loca-
(b) Mine name. Enter the exact name tion code that was nearest to the loca-
of the operation to which the MSHA tion of the accident injury or illness. If
I.D. number was assigned. the accident injury or illness occurred
(c) Company name. Enter the name of at the surface, circle only the surface
the mining company submitting this location code in column (a). If the acci-
report or, if not a company, the opera- dent injury or illness occurred under-
tors name. ground, circle only the underground lo-
cation code in column (b). Where appli-
[42 FR 65535, Dec. 30, 1977, as amended at 69
cable, circle the underground mining
FR 26499, May 13, 2004]
method code in column (c). Applicable
50.205 CriteriaMSHA Form 70001, codes for columns (a), (b), and (c) are as
Section B. follows:
(i) Column (a)Surface location
(a) This section shall be completed
codes. If the accident injury or illness
for all accidents immediately reported
occurred at the surface of a mine, cir-
to MSHA as defined in 50.10. Circle the
cle one of the following codes which
code from the following list which best
best describes where the accident in-
defines the accident:
jury or illness occurred and ignore col-
Code 01A death of an individual at a mine; umns (b) and (c):
Code 02An injury to an individual at a
mine which has a reasonable potential to Code 02Surface shop, yard, etc., at an un-
cause death; derground mine;
Code 03An entrapment of an individual for Code 30Mill operation, preparation plant,
more than 30 minutes; or breaker, including associated shops and
Code 04An unplanned mine inundation by a yards;
liquid or gas; Code 03Surface strip or open pit mine, in-
Code 05An unplanned ignition or explosion cluding shop and yard;
of dust or gas; Code 04Surface auger coal operation on a
Code 06An unplanned mine fire not extin- coal mine, including shop and yard;
guished within 30 minutes of discovery; Code 05Surface culm bank or refuse pile at
Code 07An unplanned ignition of a blasting a coal mine, including shop and yard;
agent or an explosive; Code 06Dredge mining, including shop and
Code 08An unplanned roof fall at or above yard;
the anchorage zone in active workings Code 12Other surface mining;
where roof bolts are in use; or a roof or rib Code 17Independent shops;
fall on active workings that impairs ven- Code 99Office facilities.
tilation or impedes passage;
(ii) Column (b)Underground loca-
Code 09A coal or rock outburst that causes
withdrawal of miners or which disrupts tion codes. If the accident injury or ill-
regular mining activity for more than one ness occurred underground, circle the
hour; one code which best describes where
Code 10An unstable condition at an im- the accident injury or illness occurred:
poundment, refuse pile, or culm bank
which requires emergency action in order Code 01Vertical shaft;
to prevent failure, or which causes individ- Code 02Slope/Inclined shaft;
uals to evacuate an area; or, failure of an Code 03Face;
impoundment, refuse pile, or culm bank; Code 04Intersection;
Code 11Damage to hoisting equipment in a Code 05Underground Shop/Office;
shaft or slope which endangers an indi- Code 06Other.
vidual or which interferes with use of the
equipment for more than thirty minutes;
(iii) Column (c)Underground min-
and ing method. If the underground acci-
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
at that working section or working (i) Permanent total disability. The

place: classification for any injury or illness
Code 01Longwall;
other than death which permanently
Code 02Shortwall; and totally incapacitates an employee
Code 03Conventional/stoping; from following any gainful occupation
Code 05Continuous Miners; or which results in the loss, or the
Code 06Hand Loading; complete loss of use, of any of the fol-
Code 07Caving; lowing in one accident injury or ill-
Code 08Other.
ness:
(2) Item 6. Date of accident injury or (A) Both eyes;
illness. Enter the date the accident in- (B) One eye and one hand, or arm, or
jury or illness occurred. leg, or foot;
(3) Item 9. Describe fully the condi- (C) Any two of the following not on
tions contributing to the accident in- the same limb: hand, arm, foot, or leg.
jury or illness and quantify the damage (ii) Permanent partial disability.
or impairment. Describe what hap- The classification for any injury or ill-
pened and the reasons therefor, iden- ness other than death or permanent
tify the factors which led or contrib- total disability which results in the
uted to the accident, injury or illness loss, or complete loss of use, of any
and identify any damage or impair- member or part of a member of the
ment to the mining operation. The nar- body, or any permanent impairment of
rative shall clearly specify the actual functions of the body or part thereof,
cause or causes of the accident injury regardless of any preexisting disability
or illness and shall include the fol-
of the affected member or impaired
lowing:
body function.
(i) Whether the accident injury or ill-
ness involved any aspect of compliance (4) Item 20. What directly inflicted
with rules and regulations; injury or illness. Name the object or
(ii) Whether the accident injury or substance which directly affected the
illness involved mine equipment or the miner. For example: the machine or
mining system; thing struck against or which struck
(iii) Whether the accident injury or the miner; the vapor or poison inhaled
illness involved job skills and miner or swallowed; the chemical or non-ion-
proficiency, training and attitude; and izing radiation which irritated the
(iv) Whether the accident injury or skin; or in cases of strains or hernias,
illness involved protective items relat- the thing lifted or pulled.
ing to clothing, or protective devices (5) Item 21. Nature of injury or ill-
on equipment. ness. For injuries, use commonly used
(4) Item 10. If equipment was involved medical terms to answer this question
in the accident, injury or illness speci- such as puncture wound, third degree
fy type (loader, shuttle car, dozer, burn, fracture, dislocation, amputa-
etc.), name of manufacturer, and equip- tion. For multiple injuries, enter the
ment model number. injury which was the most serious. For
(5) Item 11. Name of witness to acci- illness, name the illness, such as pneu-
dent injury or illness. If any miner wit- moconiosis, silicosis. Avoid general
nessed the accident injury or illness, terms such as hurt, sore, sick.
enter the name. (6) Item 22. Part of body injured or
(b) Complete items 1327 for each oc- affected. Name the part of the body
cupational injury, or occupational ill- with the most serious injury. For ex-
ness. ample, if an injured employee has a
(1) Item 13. Name of injured/ill miner. bruised finger and a broken ankle,
Enter the miners name (first, middle write ankle. If amputation, enter
initial, and last). part of the body lost.
(2) Item 17. Regular job title. Enter (7) Item 23. Occupational Illness. Cir-
the miners regular job title. For exam- cle the code from the list below which
ple: shuttle car operator. most accurately describes the illness.
(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
50.207 30 CFR Ch. I (7115 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
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
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
desk at 8777786055. plant, or breaker, including those

(b) Each operator of a coal mine in working in associated shops and yards.
which an individual worked during any (Do not include personnel reported in
281
50.40 30 CFR Ch. I (7115 Edition)
shops and yards associated with other tion plants or operators of metal or
sub-units.); nonmetal mines. Enter the total pro-
(iv) Office: Include in this category duction of clean coal from the mine.
employees who work principally at the This must include coal shipped from
mine or preparation facility office. the mine and coal used for fuel at the
(2) Average number of persons working mine, but exclude refuse and coal pro-
during quarter: Show the average num- duced at another mine and purchased
ber of employees on the payroll during for use at the mine.
all active periods in the quarter. In- (h) Other Reportable Data. Indicate
clude all classes of employees (super- the number of reportable injuries or
visory, professional, technical propri-
illnesses occurring at your operation
etors, owners, operators, partners, and
during the quarter covered by this re-
service personnel) on your payroll, full
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, [42 FR 65535, Dec. 30, 1977, as amended at 69
estimate for the major activity. The FR 26500, May 13, 2004]
average number may be computed by
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.
(3) Total employee-hours worked during est to the mine for five years after sub-
the quarter: Show the total hours mission. Upon request by the Mine
worked by all employees during the Safety and Health Administration, an
quarter covered. Include all time where operator shall make a copy of any re-
the employee was actually on duty, but port submitted under 50.20 or 50.30
exclude vacation, holiday, sick leave, available to MSHA for inspection or
and all other off-duty time, even copying.
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
or other time records. If actual hours Upon request by MSHA, an operator
are not available, they may be esti- shall allow MSHA to inspect and copy
mated on the basis of scheduled hours. information related to an accident, in-
Make certain not to include hours paid jury or illnesses which MSHA considers
but not worked. relevant and necessary to verify a re-
(4) Production of clean coal (short port of investigation required by 50.11
tons): This section is to be compiled of this part or relevant and necessary
only by operators of underground or to a determination of compliance with

surface mines, but not by operators of the reporting requirements of this
central or independent coal prepara- part.
282
SUBCHAPTER J [RESERVED]
SUBCHAPTER KMETAL AND NONMETAL MINE SAFETY
AND HEALTH
PART 56SAFETY AND HEALTH FIREFIGHTING PROCEDURES/ALARMS/DRILLS

STANDARDSSURFACE METAL 56.4330 Firefighting, evacuation, and rescue
AND NONMETAL MINES procedures.
56.4331 Firefighting drills.
Subpart AGeneral FLAMMABLE AND COMBUSTIBLE LIQUIDS AND
GASES
Sec.
56.1 Purpose and scope. 56.4400 Use restrictions.
56.2 Definitions. 56.4401 Storage tank foundations.
56.4402 Safety can use.
PROCEDURES 56.4430 Storage facilities.
56.1000 Notification of commencement of INSTALLATION/CONSTRUCTION/MAINTENANCE

operations and closing of mines. 56.4500 Heat sources.
56.4501 Fuel lines.
Subpart BGround Control 56.4502 Battery-charging stations.
56.4503 Conveyor belt slippage.
56.3000 Definitions.
56.4530 Exits.
MINING METHODS 56.4531 Flammable or combustible liquid
storage buildings or rooms.
56.3130 Wall, bank, and slope stability.
56.3131 Pit or quarry wall perimeter. WELDING/CUTTING/COMPRESSED GASES
56.4600 Extinguishing equipment.
SCALING AND SUPPORT
56.4601 Oxygen cylinder storage.
56.3200 Correction of hazardous conditions. 56.4602 Gauges and regulators.
56.3201 Location for performing scaling. 56.4603 Closure of valves.
56.3202 Scaling tools. 56.4604 Preparation of pipelines or con-
56.3203 Rock fixtures. tainers.
APPENDIX I TO SUBPART C J OF PART 56NA-
PRECAUTIONS TIONAL CONSENSUS STANDARDS
56.3400 Secondary breakage.
56.3401 Examination of ground conditions. Subpart DAir Quality and Physical
56.3430 Activity between machinery or Agents
equipment and the highwall or bank. AIR QUALITY
Subpart CFire Prevention and Control 56.5001 Exposure limits for airborne con-
taminants.
56.4000 Definitions. 56.5002 Exposure monitoring.
56.4011 Abandoned electric circuits. 56.5005 Control of exposure to airborne con-
taminants.
PROHIBITIONS/PRECAUTIONS/HOUSEKEEPING 56.5006 Restricted use of chemicals.
56.4100 Smoking and use of open flames.
56.4101 Warning signs. Subpart EExplosives
56.4102 Spillage and leakage. 56.6000 Definitions.
56.4103 Fueling internal combustion en-
gines. STORAGE
56.4104 Combustible waste.
56.6100 Separation of stored explosive mate-
56.4130 Electric substations and liquid stor-
rial.
age facilities.
56.6101 Areas around explosive material
FIREFIGHTING EQUIPMENT storage facilities.
56.6102 Explosive material storage prac-
56.4200 General requirements. tices.
56.4201 Inspection. 56.6130 Explosive material storage facilities.
56.4202 Fire hydrants. 56.6131 Location of explosive material stor-
56.4203 Extinguisher recharging or replace- age facilities.

ment. 56.6132 Magazine requirements.
56.4230 Self-propelled equipment. 56.6133 Powder chests.
283
TRANSPORTATION 56.6901 Black powder.
56.6902 Excessive temperatures.
56.6200 Delivery to storage or blast site
56.6903 Burning explosive material.
areas.
56.6904 Smoking and open flames.
56.6201 Separation of transported explosive
57.6905 Protection of explosive material.
material.
56.6202 Vehicles.
Subpart FDrilling and Rotary Jet Piercing
56.6203 Locomotives.
56.6204 Hoists. DRILLING
56.6205 Conveying explosives by hand.
56.7002 Equipment defects.
USE 56.7003 Drill area inspection.
56.7004 Drill mast.
56.6300 Control of blasting operations.
56.7005 Augers and drill stems.
56.6301 Blasthole obstruction check.
56.7008 Moving the drill.
56.6302 Separation of explosive material.
56.7009 Drill helpers.
56.6303 Initiation preparation.
56.7010 Power failures.
56.6304 Primer protection.
56.7011 Straightening crossed cables.
56.6305 Unused explosive material.
56.7012 Tending drills in operation.
56.6306 Loading, blasting, and security.
56.7013 Covering or guarding drill holes.
56.6307 Drill stem loading.
56.7018 Hand clearance.
56.6308 Initiation systems.
56.7050 Tool and drill steel racks.
56.6309 Fuel oil requirements for ANFO.
56.7051 Loose objects on the mast or drill
56.6310 Misfire waiting period.
platform.
56.6311 Handling of misfires.
56.7052 Drilling positions.
56.6312 Secondary blasting.
56.7053 Moving hand-held drills.
ELECTRIC BLASTING 56.7055 Intersecting holes.
56.7056 Collaring in bootlegs.
56.6400 Compatibility of electric detonators.
56.6401 Shunting. ROTARY JET PIERCING
56.6402 Deenergized circuits near deto- 56.7801 Jet drills.
nators. 56.7802 Oxygen hose lines.
56.6403 Branch circuits. 56.7803 Lighting the burner.
56.6404 Separation of blasting circuits from 56.7804 Refueling.
power source. 56.7805 Smoking and open flames.
56.6405 Firing devices. 56.7806 Oxygen intake coupling.
56.6406 Duration of current flow. 56.7807 Flushing the combustion chamber.
56.6407 Circuit testing.
NONELECTRIC BLASTING Subpart G [Reserved]
56.6500 Damaged initiating material. Subpart HLoading, Hauling, and
56.6501 Nonelectric initiation systems. Dumping
56.6502 Safety fuse.
TRAFFIC SAFETY
EXTRANEOUS ELECTRICITY
56.9100 Traffic control.
56.6600 Loading practices. 56.9101 Operating speeds and control of
56.6601 Grounding. equipment.
56.6602 Static electricity dissipation during 56.9102 Movement of independently oper-
loading. ating rail equipment.
56.6603 Air gap. 56.9103 Clearance on adjacent tracks.
56.6604 Precautions during storms. 56.9104 Railroad crossings.
56.6605 Isolation of blasting circuits.
TRANSPORTATION OF PERSONS AND MATERIALS
EQUIPMENT/TOOLS
56.9200 Transporting persons.
56.6700 Nonsparking tools. 56.9201 Loading, hauling, and unloading of
56.6701 Tamping and loading pole require- equipment or supplies.
ments. 56.9202 Loading and hauling large rocks.
MAINTENANCE SAFETY DEVICES, PROVISIONS, AND PROCE-
56.6800 Storage facilities. DURES FOR ROADWAYS, RAILROADS, AND
56.6801 Vehicle repair. LOADING AND DUMPING SITES
56.6802 Bulk delivery vehicles. 56.9300 Berms or guardrails.
56.6803 Blasting lines. 56.9301 Dump site restraints.
56.9302 Protection against moving or run-
GENERAL REQUIREMENTS
away railroad equipment.

56.6900 Damaged or deteriorated explosive 56.9303 Construction of ramps and dumping
material. facilities.
284
56.9304 Unstable ground. 56.12004 Electrical conductors.
56.9305 Truck spotters. 56.12005 Protection of power conductors
56.9306 Warning devices for restricted clear- from mobile equipment.
ances. 56.12006 Distribution boxes.
56.9307 Design, installation, and mainte- 56.12007 Junction box connection proce-
nance of railroads. dures.
56.9308 Switch throws. 56.12008 Insulation and fittings for power
56.9309 Chute design. wires and cables.
56.9310 Chute hazards. 56.12010 Isolation or insulation of commu-
56.9311 Anchoring stationary sizing devices. nication conductors.
56.9312 Working around drawholes. 56.12011 High-potential electrical conduc-
56.9313 Roadway maintenance. tors.
56.9314 Trimming stockpile and muckpile 56.12012 Bare signal wires.
faces. 56.12013 Splices and repairs of power cables.
56.9315 Dust control. 56.12014 Handling energized power cables.
56.9316 Notifying the equipment operator. 56.12016 Work on electrically-powered
56.9317 Suspended loads. equipment.
56.9318 Getting on or off moving equipment. 56.12017 Work on power circuits.
56.9319 Going over, under, or between rail- 56.12018 Identification of power switches.
cars. 56.12019 Access to stationary electrical
56.9330 Clearance for surface equipment. equipment or switchgear.
56.12020 Protection of persons at
Subpart IAerial Tramways switchgear.
56.12021 Danger signs.
56.10001 Filling buckets. 56.12022 Authorized persons at major elec-
56.10002 Inspection and maintenance. trical installations.
56.10003 Correction of defects. 56.12023 Guarding electrical connections and
56.10004 Brakes. resistor grids.
56.10005 Track cable connections. 56.12025 Grounding circuit enclosures.
56.10006 Tower guards. 56.12026 Grounding transformer and
56.10007 Falling object protection. switchgear enclosures.
56.10008 Riding tramways. 56.12027 Grounding mobile equipment.
56.10009 Riding loaded buckets. 56.12028 Testing grounding systems.
56.10010 Starting precautions. 56.12030 Correction of dangerous conditions.
56.12032 Inspection and cover plates.
Subpart JTravelways 56.12033 Hand-held electric tools.
56.12034 Guarding around lights.
56.11001 Safe access. 56.12035 Weatherproof lamp sockets.
56.11002 Handrails and toeboards. 56.12036 Fuse removal or replacement.
56.11003 Construction and maintenance of 56.12037 Fuses in high-potential circuits.
ladders. 56.12038 Attachment of trailing cables.
56.11004 Portable rigid ladders. 56.12039 Protection of surplus trailing ca-
56.11005 Fixed ladder anchorage and toe bles.
clearance. 56.12040 Installation of operating controls.
56.11006 Fixed ladder landings. 56.12041 Design of switches and starting
56.11007 Wooden components of ladders. boxes.
56.11008 Restricted clearance. 56.12042 Track bonding.
56.11009 Walkways along conveyors. 56.12045 Overhead powerlines.
56.11010 Stairstep clearance. 56.12047 Guy wires.
56.11011 Use of ladders. 56.12048 Communication conductors on
56.11012 Protection for openings around power poles.
travelways. 56.12050 Installation of trolley wires.
56.11013 Conveyor crossovers. 56.12053 Circuits powered from trolley wires.
56.11014 Crossing moving conveyors. 56.12065 Short circuit and lightning protec-
56.11016 Snow and ice on walkways and tion.
travelways. 56.12066 Guarding trolley wires and bare
56.11017 Inclined fixed ladders. powerlines.
56.11025 Railed landings, backguards, and 56.12067 Installation of transformers.
other protection for fixed ladders. 56.12068 Locking transformer enclosures.
56.11026 Protection for inclined fixed lad- 56.12069 Lightning protection for telephone
ders. wires and ungrounded conductors.
56.11027 Scaffolds and working platforms. 56.12071 Movement or operation of equip-
ment near high-voltage power lines.
Subpart KElectricity
Subpart LCompressed Air and Boilers
56.12001 Circuit overload protection.

56.12002 Controls and switches. 56.13001 General requirements for boilers
56.12003 Trailing cable overload protection. and pressure vessels.
285
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 M OF PART
56MDASH;NATIONAL CONSENSUS STAND-
Subpart MMachinery and Equipment ARDS
56.14000 Definitions. Subpart NPersonal Protection

SAFETY DEVICES AND MAINTENANCE 56.15001 First aid materials.
REQUIREMENTS 56.15002 Hard hats.
56.14100 Safety defects; examination, cor- 56.15003 Protective footwear.
rection and records. 56.15004 Eye protection.
56.14101 Brakes. 56.15005 Safety belts and lines.
56.14102 Brakes for rail equipment. 56.15006 Protective equipment and clothing
56.14103 Operators stations. for hazards and irritants.
56.14104 Tire repairs. 56.15007 Protective equipment or clothing
56.14105 Procedures during repairs or main- for welding, cutting, or working with
tenance. molten metal.
56.14106 Falling object protection. 56.15014 Eye protection when operating
56.14107 Moving machine parts. grinding wheels.
56.14108 Overhead drive belts. 56.15020 Life jackets and belts.
56.14109 Unguarded conveyors with adjacent
travelways. Subpart OMaterials Storage and
56.14110 Flying or falling materials. Handling
56.14111 Slusher, backlash guards and secur-
ing. 56.16001 Stacking and storage of materials.
56.14112 Construction and maintenance of 56.16002 Bins, hoppers, silos, tanks, and
guards. surge piles.
56.14113 Inclined conveyors: backstops or 56.16003 Storage of hazardous materials.
brakes. 56.16004 Containers for hazardous materials.
56.14114 Air valves for pneumatic equip- 56.16005 Securing gas cylinders.
ment. 56.16006 Protection of gas cylinder valves.
56.14115 Stationary grinding machines. 56.16007 Taglines, hitches, and slings.
56.14116 Hand-held power tools. 56.16009 Suspended loads.
56.14130 Roll-over protective structures 56.16010 Dropping materials from overhead.
(ROPS) and seat belts. 56.16011 Riding hoisted loads or on the hoist
56.14131 Seat belts for haulage trucks. hook.
56.14132 Horns and back-up alarms. 56.16012 Storage of incompatible substances.
56.16013 Working with molten metal.
SAFETY PRACTICES AND OPERATIONAL 56.16014 Operator-carrying overhead cranes.
PROCEDURES 56.16015 Work or travel on overhead crane
bridges.
56.14200 Warnings prior to starting or mov-
56.16016 Lift trucks.
ing equipment.
56.14201 Conveyor start-up warnings.
Subpart PIllumination
56.14202 Manual cleaning of conveyor pul-
leys. 56.17001 Illumination of surface working
56.14203 Application of belt dressing. areas.
56.14204 Machinery lubrication.
56.14205 Machinery, equipment, and tools. Subpart QSafety Programs
56.14206 Securing movable parts.
56.14207 Parking procedures for unattended 56.18002 Examination of working places.
equipment. 56.18006 New employees.
56.14208 Warning devices. 56.18009 Designation of person in charge.
56.14209 Safety procedures for towing. 56.18010 First aid.
56.14210 Movement of dippers, buckets, load- 56.18012 Emergency telephone numbers.
ing booms, or suspended loads. 56.18013 Emergency communications sys-
56.14211 Blocking equipment in a raised po- tem.

sition. 56.18014 Emergency medical assistance and
56.14212 Chains, ropes, and drive belts. transportation.
286
56.18020 Working alone. 56.19067 Trips during shift changes.
56.19068 Orderly conduct in conveyances.
Subpart RPersonnel Hoisting 56.19069 Entering and leaving conveyances.
56.19070 Closing cage doors or gates.
56.19000 Application.
56.19071 Riding in skips or buckets.
HOISTS 56.19072 Skips and cages in same compart-
ment.
56.19001 Rated capacities. 56.19073 Hoisting during shift changes.
56.19002 Anchoring. 56.19074 Riding the bail, rim, bonnet, or
56.19003 Driving mechanism connections. crosshead.
56.19004 Brakes. 56.19075 Use of open hooks.
56.19005 Locking mechanism for clutch.
56.19076 Maximum speeds for hoisting per-
56.19006 Automatic hoist braking devices.
sons in buckets.
56.19007 Overtravel and overspeed devices.
56.19077 Lowering buckets.
56.19008 Friction hoist synchronizing mech-
anisms. 56.19078 Hoisting buckets from the shaft
56.19009 Position indicator. bottom.
56.19010 Location of hoist controls. 56.19079 Blocking mine cars.
56.19011 Drum flanges. 56.19080 Hoisting tools, timbers, and other
56.19012 Grooved drums. materials.
56.19013 Diesel- and other fuel-injection- 56.19081 Conveyances not in use.
powered hoists. 56.19083 Overtravel backout device.
56.19014 Friction hoist overtravel protec-
tion. SIGNALING
56.19017 Emergency braking for electric 56.19090 Dual signaling systems.
hoists. 56.19091 Signaling instructions to hoist op-
56.19018 Overtravel by-pass switches. erator.
56.19092 Signaling from conveyances.
WIRE ROPES
56.19093 Standard signal code.
56.19021 Minimum rope strength. 56.19094 Posting signal code.
56.19022 Initial measurement. 56.19095 Location of signal devices.
56.19023 Examinations. 56.19096 Familiarity with signal code.
56.19024 Retirement criteria.
56.19025 Load end attachments. SHAFTS
56.19026 Drum end attachment.
56.19100 Shaft landing gates.
56.19027 End attachment retermination.
56.19028 End attachment replacement. 56.19101 Stopblocks and derail switches.
56.19030 Safety device attachments. 56.19102 Shaft guides.
56.19103 Dumping facilities and loading
HEADFRAMES AND SHEAVES pockets.
56.19104 Clearance at shaft stations.
56.19035 Headframe design.
56.19105 Landings with more than one shaft
56.19036 Headframe height.
entrance.
56.19037 Fleet angles.
56.19038 Platforms around elevated head 56.19106 Shaft sets.
sheaves. 56.19107 Precautions for work in compart-
ment affected by hoisting operation.
CONVEYANCES 56.19108 Posting warning signs during shaft
work.
56.19045 Metal bonnets.
56.19109 Shaft inspection and repair.
56.19049 Hoisting persons in buckets.
56.19110 Overhead protection for shaft deep-
56.19050 Bucket requirements.
ening work.
56.19054 Rope guides.
56.191111 Shaft-sinking ladders.
HOISTING PROCEDURES
INSPECTION AND MAINTENANCE
56.19055 Availability of hoist operator for
manual hoists. 56.19120 Procedures for inspection, testing,
56.19056 Availability of hoist operator for and maintenance.
automatic hoists. 56.19121 Recordkeeping.
56.19057 Hoist operators physical fitness. 56.19122 Replacement parts.
56.19058 Experienced hoist operators. 56.19129 Examinations and tests at begin-
56.19061 Maximum hoisting speeds. ning of shift.
56.19062 Maximum acceleration and decel- 56.19130 Conveyance shaft test.
eration. 56.19131 Hoist conveyance connections.
56.19063 Persons allowed in hoist room. 56.19132 Safety catches.
56.19065 Lowering conveyances by the 56.19133 Shaft.

brakes. 56.19134 Sheaves.
56.19066 Maximum riders in a conveyance. 56.19135 Rollers in inclined shafts.
287
Subpart SMiscellaneous demarcates in a conspicuous manner

such as cones, a warning sign, or tape.
56.20001 Intoxicating beverages and nar-
cotics. Berm means a pile or mound of mate-
56.20002 Potable water. rial along an elevated roadway capable
56.20003 Housekeeping. of moderating or limiting the force of a
56.20005 Carbon tetrachloride. vehicle in order to impede the vehicles
56.20008 Toilet facilities. passage over the bank of the roadway.
56.20009 Tests for explosive dusts.
56.20010 Retaining dams. Blast area means the area in which
56.20011 Barricades and warning signs. concussion (shock wave), flying mate-
56.20013 Waste receptacles. rial, or gases from an explosion may
56.20014 Prohibited areas for food and bev- cause injury to persons. In determining
erages. 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
for a specific purpose by a nationally inspection at each Metal and Nonmetal
recognized agency. Safety and Health District Office of the
Attended means presence of an indi- Mine Safety and Health Administra-
vidual or continuous monitoring to tion, and may be obtained from the
prevent unauthorized entry or access. U.S. Government Printing Office,
Authorized person means a person ap- Washington, DC 20402.
proved or assigned by mine manage- Blasting area means the area near the
ment to perform a specific type of duty blasting operations in which concus-
or duties or to be at a specific location sion or flying material can reasonably
or locations in the mine. be expected to cause injury.
Barricaded means obstructed to pre- Blasting cap means a detonator which
vent the passage of persons, vehicles, is initiated by a safety fuse.
or flying materials. Blasting circuit means the electrical

Barrier means a material object, or circuit used to fire one or more electric
objects that separates, keeps apart, or blasting caps.
288
Blasting switch means a switch used Detonating cord means a flexible cord
to connect a power source to a blasting containing a solid core of high explo-
circuit. sives.
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-
(1) Class II liquidsthose having
tion which hires one or more persons to
flash points at or above 100 F (37.8 C)
work for wages or salary.
and below 140 F (60 C).
Emulsion means an explosive material
(2) Class IIIA liquidsthose having
flash points at or above 140 F (60 C) containing substantial amounts of
and below 200 F (93.4 C). oxidizers dissolved in water droplets,
surrounded by an immiscible fuel.
(3) Class IIIB liquidsthose having
flash points at or above 200 F (93.4 C). Explosive means any substance classi-
Combustible material means a material fied as an explosive by the Department
that, in the form in which it is used of Transportation in 49 CFR 173.53,
and under the conditions anticipated, 173.88, and 173.100 which are incor-
will ignite, burn, support combustion, porated by reference. Title 49 CFR is
or release flammable vapors when sub- available for inspection at each Metal
jected to fire or heat. Wood, paper, rub- and Nonmetal Safety and Health dis-
ber, and plastics are examples of com- trict office of the Mine Safety and
bustible materials. Health Administration, and may be ob-
Company official means a member of tained from the U.S. Government
the company supervisory or technical Printing Office, Washington, DC 20402.
staff. Explosive material means explosives,
Competent person means a person hav- blasting agents, and detonators.
ing abilities and experience that fully Face or bank means that part of any
qualify him to perform the duty to mine where excavating is progressing
which he is assigned. or was last done.
Conductor means a material, usually Fire resistance rating means the time,
in the form of a wire, cable, or bus bar, in minutes or hours, that an assembly
capable of carrying an electric current. of materials will retain its protective
Delay connector means a non-electric characteristics or structural integrity
upon exposure to fire.
short interval delay device for use in

delaying blasts which are initiated by Flammable means capable of being
detonating cord. easily ignited and of burning rapidly.
289
Flammable gas means a gas that will in a Vehicle with other Explosive Ma-
burn in the normal concentrations of terials, (May 1993), and the Generic
oxygen in the air. Loading Guide for the IME22 Con-
Flammable liquid means a liquid that tainer, (October 1993). This incorpora-
has a flash point below 100 F (37.8 C), tion by reference has been approved by
a vapor pressure not exceeding 40 the Director of the Federal Register in
pounds per square inch (absolute) at 100 accordance with 5 U.S.C. 552(a) and 1
F (37.8 C), and is known as a Class I CFR part 51. Copies are available at
liquid. MSHA, 1100 Wilson Blvd., Room 2436,
Flash point means the minimum tem- Arlington, Virginia 222093939, and at
perature at which sufficient vapor is all Metal and Nonmetal Mine Safety
released by a liquid or solid to form a and Health district offices, or available
flammable vapor-air mixture at atmos- for inspection at the Office of the Fed-
pheric pressure. eral Register, 800 North Capitol Street,
High potential means more than 650 NW., 7th Floor, suite 700, Washington,
volts. DC.
Highway means any public street, Lay means the distance parallel to
public alley, or public road. the axis of the rope in which a strand
Hoist means a power driven windlass makes one complete turn about the
or drum used for raising ore, rock, or axis of the rope.
other material from a mine, and for Loading means placing explosive ma-
lowering or raising persons and mate- terial either in a blasthole or against
rial. the material to be blasted.
Igniter cord means a fuse, cordlike in Low potential means 650 volts or less.
appearance, which burns progressively Magazine means a facility for the
along its length with an external flame storage of explosives, blasting agents,
at the zone of burning, and is used for or detonators.
lighting a series of safety fuses in the Major electrical installation means an
desired sequence. assemblage of stationary electrical
Insulated means separated from other equipment for the generation, trans-
conducting surfaces by a dielectric submission, distribution, or conversion of
stance permanently offering a high re- electrical power.
sistance to the passage of current and Mantrip means a trip on which per-
to disruptive discharge through the sons are transported to and from a
substance. When any substance is said work area.
to be insulated, it is understood to be Mill includes any ore mill, sampling
insulated in a manner suitable for the works, concentrator, and any crushing,
conditions to which it is subjected. grinding, or screening plant used at,
Otherwise, it is, within the purpose of and in connection with, an excavation
this definition, uninsulated. Insulating or mine.
covering is one means for making the Misfire means the complete or partial
conductor insulated. failure of a blasting charge to explode
Insulation means a dielectric sub- as planned.
stance offering a high resistance to the Mobile equipment means wheeled,
passage of current and to a disruptive skid-mounted, track-mounted, or rail-
discharge through the substance. mounted equipment capable of moving
Laminated partition means a partition or being moved.
composed of the following material and Multipurpose dry-chemical fire extin-
minimum nominal dimensions: 12-inch- guisher means an extinguisher having a
thick plywood, 12-inch-thick gypsum rating of at least 2A:10B:C and con-
wallboard, 18-inch-thick low carbon taining a nominal 4.5 pounds or more of
steel, and 14-inch-thick plywood, bond- dry-chemical agent.
ed together in that order (IME22 Box). Noncombustible material means a ma-
A laminated partition also includes al- terial that, in the form in which it is
ternative construction materials de- used and under the conditions antici-
scribed in the Institute of Makers of pated, will not ignite, burn, support
Explosives (IME) Safety Library Publi- combustion, or release flammable va-

cation No. 22, Recommendations for pors when subjected to fire or heat.
the Safe Transportation of Detonators Concrete, masonry block, brick, and
290
steel are examples of noncombustible Roll protection means a framework,

materials. safety canopy or similar protection for
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-
support the ground. tion, function, or circumstance.
291
56.1000 30 CFR Ch. I (7115 Edition)
Travelway means a passage, walk or MINING METHODS

way regularly used and designated for
persons to go from one place to an- 56.3130 Wall, bank, and slope sta-
other. bility.
Water gel or Slurry (as applied to Mining methods shall be used that
blasting) means an explosive or blast- will maintain wall, bank, and slope sta-
ing agent containing substantial por- bility in places where persons work or
tions of water. travel in performing their assigned
Wet drilling means the continuous ap- tasks. When benching is necessary, the
plication of water through the central width and height shall be based on the
hole of hollow drill steel to the bottom type of equipment used for cleaning of
of the drill hole. benches or for scaling of walls, banks,
Working place means any place in or and slopes.
about a mine where work is being per-
formed. 56.3131 Pit or quarry wall perimeter.
In places where persons work or trav-
[69 FR 38837, June 29, 2004]
el in performing their assigned tasks,
PROCEDURES loose or unconsolidated material shall
be sloped to the angle of repose or
56.1000 Notification of commence- stripped back for at least 10 feet from
ment of operations and closing of the top of the pit or quarry wall. Other
mines. conditions at or near the perimeter of
The owner, operator, or person in the pit or quarry wall which create a
charge of any metal and nonmetal fall-of-material hazard to persons shall
mine shall notify the nearest MSHA be corrected.
Metal and Nonmetal Mine Safety and
SCALING AND SUPPORT
Health district office before starting
operations, of the approximate or ac- 56.3200 Correction of hazardous con-
tual date mine operation will com- ditions.
mence. The notification shall include
Ground conditions that create a haz-
the mine name, location, the company
ard to persons shall be taken down or
name, mailing address, person in
supported before other work or travel
charge, and whether operations will be
is permitted in the affected area. Until
continuous or intermittent.
corrective work is completed, the area
When any mine is closed, the person shall be posted with a warning against
in charge shall notify the nearest dis- entry and, when left unattended, a bar-
trict office as provided above and indi- rier shall be installed to impede unau-
cate whether the closure is temporary thorized entry.
or permanent.
[50 FR 4054, Jan. 29, 1985, as amended at 60 56.3201 Location for performing scal-
FR 33723, June 29, 1995; 60 FR 35695, July 11, ing.
1995; 71 FR 16667, Apr. 3, 2006] Scaling shall be performed from a lo-
cation which will not expose persons to
Subpart BGround Control injury from falling material, or other
protection from falling material shall
AUTHORITY: 30 U.S.C. 811 be provided.
SOURCE: 51 FR 36197, Oct. 8, 1986, unless 56.3202 Scaling tools.
otherwise noted.
Where manual scaling is performed, a
56.3000 Definitions. scaling bar shall be provided. This bar
shall be of a length and design that will
The following definitions apply in allow the removal of loose material
this subpart. without exposing the person per-
Travelway. A passage, walk, or way forming this work to injury.
regularly used or designated for per-
sons to go from one place to another. 56.3203 Rock fixtures.
[51 FR 36197, Oct. 8, 1986, as amended at 69 FR (a) For rock bolts and accessories ad-
38840, June 29, 2004] dressed in ASTM F43295, Standard
292
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 certified 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
be accurately determined immediately highwall or bank where the machinery

after installation. If the torque of any or equipment may hinder escape from
fixture tested does not fall within the falls or slides of the highwall or bank.
293
56.4000 30 CFR Ch. I (7115 Edition)
Travel is permitted when necessary for 56.4103 Fueling internal combustion

persons to dismount. engines.
Internal combustion engines shall be
Subpart CFire Prevention and switched off before refueling if the fuel
Control tanks are integral parts of the equip-
ment. This standard does not apply to
AUTHORITY: Sec. 101, Federal Mine Safety diesel-powered equipment.
and Health Act of 1977, Pub. L. 91173, as
amended by Pub. L. 95164, 91 Stat. 1291 (30 56.4104 Combustible waste.
U.S.C. 811). (a) Waste materials, including liq-
uids, shall not accumulate in quan-
56.4000 Definitions. tities that could create a fire hazard.
The following definitions apply in (b) Until disposed of properly, waste
this subpart. or rags containing flammable or com-
Flash point. The minimum tempera- bustible liquids that could create a fire
ture at which sufficient vapor is re- hazard shall be placed in covered metal
leased by a liquid to form a flammable containers or other equivalent con-
vapor-air mixture near the surface of tainers with flame containment char-
the liquid. acteristics.
Safety can. A container of not over
56.4130 Electric substations and liq-
five gallons capacity that is designed uid storage facilities.
to safely relieve internal pressure when
exposed to heat and has a spring-clos- (a) If a hazard to persons could be
ing lid and spout cover. created, no combustible materials shall
be stored or allowed to accumulate
[50 FR 4054, Jan. 29, 1985, as amended at 68 within 25 feet of the following:
FR 32361, May 30, 2003; 69 FR 38840, June 29, (1) Electric substations.
2004] (2) Unburied, flammable or combus-
56.4011 Abandoned electric circuits. tible liquid storage tanks.
(3) Any group of containers used for
Abandoned electric circuits shall be storage of more than 60 gallons of flam-
deenergized and isolated so that they mable or combustible liquids.
cannot become energized inadvert- (b) The area within the 25-foot perim-
ently. eter shall be kept free of dry vegeta-
tion.
PROHIBITIONS/PRECAUTIONS/
HOUSEKEEPING FIREFIGHTING EQUIPMENT
56.4100 Smoking and use of open 56.4200 General requirements.
flames. (a) For fighting fires that could en-
No person shall smoke or use an open danger persons, each mine shall have
flame where flammable or combustible (1) Onsite firefighting equipment for
liquids, including greases, or flam- fighting fires in their early stages; and
mable gases are (2) Onsite firefighting equipment for
(a) Used or transported in a manner fighting fires beyond their early stages,
that could create a fire hazard; or or the mine shall have made prior ar-
(b) Stored or handled. rangements with a local fire depart-
ment to fight such fires.
56.4101 Warning signs. (b) This onsite firefighting equip-
Readily visible signs prohibiting ment shall be
smoking and open flames shall be post- (1) Of the type, size, and quantity
ed where a fire or explosion hazard ex- that can extinguish fires of any class
ists. which could occur as a result of the
hazards present; and
56.4102 Spillage and leakage. (2) Strategically located, readily ac-
Flammable or combustible liquid cessible, plainly marked, and main-
tained in fire-ready condition.
spillage or leakage shall be removed in

a timely manner or controlled to pre- [50 FR 4054, Jan. 29, 1985, as amended at 50
vent a fire hazard. FR 20100, May 14, 1985]
294
56.4201 Inspection. TABLE C1HYDROSTATIC TEST INTERVALS

FOR FIRE EXTINGUISHERS
(a) Firefighting equipment shall be
inspected according to the following Test in-
Extinguisher type terval
schedules: (years)
(1) Fire extinguishers shall be in-
Soda Acid .............................................................. 5
spected visually at least once a month
Cartridge-Operated Water and/or Antifreeze ........ 5
to determine that they are fully Stored-Pressure Water and/or Antifreeze ............. 5
charged and operable. Wetting Agent ........................................................ 5
(2) At least once every twelve Foam ...................................................................... 5
AFFF (Aqueous Film Forming Foam) ................... 5
months, maintenance checks shall be Loaded Stream ...................................................... 5
made of mechanical parts, the amount Dry-Chemical with Stainless Steel Shells ............. 5
and condition of extinguishing agent Carbon Dioxide ...................................................... 5
Dry-Chemical, Stored Pressure, with Mild Steel
and expellant, and the condition of the Shells, Brazed Brass Shells, or Aluminum
hose, nozzle, and vessel to determine Shells ................................................................. 12
that the fire extinguishers will operate Dry-Chemical, Cartridge or Cylinder Operated,
with Mild Steel Shells ......................................... 12
effectively. BromotrifluoromethaneHalon 1301 .................... 12
(3) Fire extinguishers shall be BromochlorodifluoromethaneHalon 1211 .......... 12
hydrostatically tested according to Dry-Powder, Cartridge or Cylinder-Operated, with
Mild Steel Shells 1 .............................................. 12
Table C1 or a schedule based on the
1 Exceptfor stainless steel and steel used for compressed
manufacturers specifications to deter- gas cylinders, all other steel shells are defined as mild steel
mine the integrity of extinguishing shells.
agent vessels.
(4) Water pipes, valves, outlets, hy- 56.4202 Fire hydrants.
drants, and hoses that are part of the If fire hydrants are part of the mines
mines firefighting system shall be vis- firefighting system, the hydrants shall
ually inspected at least once every be provided with
three months for damage or deteriora- (a) Uniform fittings or readily avail-
tion and use-tested at least once every able adapters for onsite firefighting
twelve months to determine that they equipment;
remain functional. (b) Readily available wrenches or
(5) Fire suppression systems shall be keys to open the valves; and
inspected at least once every twelve (c) Readily available adapters capa-
months. An inspection schedule based ble of connecting hydrant fittings to
on the manufacturers specifications or the hose equipment of any firefighting
organization relied upon by the mine.
the equivalent shall be established for
individual components of a system and 56.4203 Extinguisher recharging or
followed to determine that the system replacement.
remains functional. Surface fire sup- Fire extinguishers shall be recharged
pression systems are exempt from or replaced with a fully charged extin-
these inspection requirements if the guisher promptly after any discharge.
systems are used solely for the protec-
tion of property and no persons would 56.4230 Self-propelled equipment.
be affected by a fire. (a)(1) Whenever a fire or its effects
(b) At the completion of each inspec- could impede escape from self-propelled
tion or test required by this standard, equipment, a fire extinguisher shall be
the person making the inspection or on the equipment.
test shall certify that the inspection or (2) Whenever a fire or its effects
test has been made and the date on would not impede escape from the
which it was made. Certifications of equipment but could affect the escape
hydrostatic testing shall be retained of other persons in the area, a fire ex-
until the fire extinguisher is retested tinguisher shall be on the equipment or
or permanently removed from service. within 100 feet of the equipment.
Other certifications shall be retained (b) A fire suppression system may be
for one year. used as an alternative to fire extin-

guishers if the system can be manually
activated.
295
56.4330 30 CFR Ch. I (7115 Edition)
(c) Fire extinguishers or fire suppres- 56.4402 Safety can use.

sion systems shall be of a type and size
Small quantities of flammable liq-
that can extinguish fires of any class in
uids drawn from storage shall be kept
their early stages which could origi- in safety cans labeled to indicate the
nate from the equipments inherent contents.
fire hazards. Fire extinguishers or
manual actuators for the suppression 56.4430 Storage facilities.
system shall be located to permit their
(a) Storage tanks for flammable or
use by persons whose escape could be
combustible liquids shall be
impeded by fire.
(1) Capable of withstanding working
FIREFIGHTING PROCEDURES/ALARMS/ pressures and stresses and compatible
DRILLS with the type of liquid stored;
(2) Maintained in a manner that pre-
56.4330 Firefighting, evacuation, and vents leakage;
rescue procedures. (3) Isolated or separated from igni-
(a) Mine operators shall establish tion sources to prevent fire or explo-
sion; and
emergency firefighting, evacuation,
and rescue procedures. These proce- (4) Vented or otherwise constructed
to prevent development of pressure or
dures shall be coordinated in advance
vacuum as a result of filling, emptying,
with available firefighting organiza-
or atmospheric temperature changes.
tions.
Vents for storage of Class I, II, or IIIA
(b) Fire alarm procedures or systems liquids shall be isolated or separated
shall be established to pomptly warn from ignition sources. These pressure
every person who could be endangered relief requirements do not apply to
by a fire. tanks used for storage of Class IIIB liq-
(c) Fire alarm systems shall be main- uids that are larger than 12,000 gallons
tained in operable condition. in capacity.
(b) All piping, valves, and fittings
56.4331 Firefighting drills. shall be
Emergency firefighting drills shall be (1) Capable of withstanding working
held at least once every six months for pressures and stresses;
persons assigned firefighting respon- (2) Compatible with the type of liquid
sibilities by the mine operator. stored; and
(3) Maintained in a manner that pre-
FLAMMABLE AND COMBUSTIBLE LIQUIDS vents leakage.
AND GASES (c) Fixed, unburied tanks located
where escaping liquid could present a
56.4400 Use restrictions. hazard to persons shall be provided
(a) Flammable liquids shall not be with
used for cleaning. (1) Containment for the entire capac-
(b) Solvents shall not be used near an ity of the largest tank; or
open flame or other ignition source, (2) Drainage of a remote impound-
near any source of heat, or in an at- ment area that does not endanger per-
mosphere that can elevate the tem- sons. However, storage of only Class
perature of the solvent above the flash IIIB liquids does not require contain-
point. ment or drainage to remote impound-
ment.
56.4401 Storage tank foundations.
INSTALLATION/CONSTRUCTION/
Fixed, unburied, flammable or com- MAINTENANCE
bustible liquid storage tanks shall be
securely mounted on firm foundations. 56.4500 Heat sources.
Piping shall be provided with flexible
Heat sources capable of producing
connections or other special fittings
combustion shall be separated from

where necessary to prevent leaks combustible materials if a fire hazard
caused by tanks settling. could be created.
296
56.4501 Fuel lines. (3) Equipped with an early warning

fire detection device that will alert any
Fuel lines shall be equipped with
person who could be endangered by a
valves capable of stopping the flow of
fire, provided that no persons work
fuel at the source and shall be located
station is in the building.
and maintained to minimize fire haz-
(c) Flammable or combustible liquids
ards. This standard does not apply to
in use for day-to-day maintenance and
fuel lines on self-propelled equipment.
operational activities are not consid-
56.4502 Battery-charging stations. ered in storage under this standard.
(a) Battery-charging stations shall be WELDING/CUTTING/COMPRESSED GASES

ventilated with a sufficient volume of
air to prevent the accumulation of hy- 56.4600 Extinguishing equipment.
drogen gas. (a) When welding, cutting, soldering,
(b) Smoking, use of open flames, or thawing, or bending
other activities that could create an ig- (1) With an electric arc or with an
nition source shall be prohibited at the open flame where an electrically con-
battery charging station during bat- ductive extinguishing agent could cre-
tery charging. ate an electrical hazard, a multipur-
(c) Readily visible signs prohibiting pose dry-chemical fire extinguisher or
smoking or open flames shall be posted other extinguisher with at least a 2
at battery-charging stations during A:10B:C rating shall be at the work-
battery charging. site.
(2) With an open flame in an area
56.4503 Conveyor belt slippage. where no electrical hazard exists, a
multipurpose dry-chemical fire extin-
Belt conveyors within confined areas
guisher or equivalent fire extin-
where evacuation would be restricted
guishing equipment for the class of fire
in the event of a fire resulting from
hazard present shall be at the worksite.
belt-slippage shall be equipped with a
(b) Use of halogenated fire extin-
detection system capable of automati-
guishing agents to meet the require-
cally stopping the drive pulley. A per-
ments of this standard shall be limited
son shall attend the belt at the drive
to Halon 1211 (CBrClF2) and Halon 1301
pulley when it is necessary to operate
(CBrF3). When these agents are used in
the conveyor while temporarily bypass-
confined or unventilated areas, pre-
ing the automatic function.
cautions based on the manufacturers
56.4530 Exits. use instructions shall be taken so that
the gases produced by thermal
Buildings or structures in which per- decompostion of the agents are not in-
sons work shall have a sufficient num- haled.
ber of exits to permit prompt escape in
case of fire. 56.4601 Oxygen cylinder storage.
Oxygen cylinders shall not be stored
56.4531 Flammable or combustible in rooms or areas used or designated
liquid storage buildings or rooms.
for storage of flammable or combus-
(a) Storage buildings or storage tible liquids, including grease.
rooms in which flammable or combus-
tible liquids, including grease, are 56.4602 Gauges and regulators.
stored and that are within 100 feet of Gauges and regulators used with oxy-
any persons work station shall be ven- gen or acetylene cylinders shall be
tilated with a sufficient volume of air kept clean and free of oil and grease.
to prevent the accumulation of flam-
mable vapors. 56.4603 Closure of valves.
(b) In addition, the buildings or To prevent accidental release of
rooms shall be gases from hoses and torches attached
(1) Constructed to meet a fire resist- to oxygen and acetylene cylinders or to
ance rating of at least one hour; or manifold systems, cylinder or manifold

(2) Equipped with an automatic fire system valves shall be closed when
suppression system; or (a) The cylinders are moved;
297
56.4604 30 CFR Ch. I (7115 Edition)
(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
56.4604 Preparation of pipelines or 56.5001 Exposure limits for airborne

containers. contaminants.
Before welding, cutting, or applying Except as permitted by 56.5005
heat with an open flame to pipelines or (a) Except as provided in paragraph
containers that have contained flam- (b) of this section, the exposure to air-
mable or combustible liquids, flam- borne contaminants shall not exceed,
on the basis of a time weighted aver-
mable gases, or explosive solids, the
age, the threshold limit values adopted
pipelines or containers shall be
by the American Conference of Govern-
(a) Drained, ventilated, and thor- mental Industrial Hygienists, as set
oughly cleaned of any residue; forth and explained in the 1973 edition
(b) Vented to prevent pressure build- of the Conferences publication, enti-
up during the application of heat; and tled TLVs Threshold Limit Values
(c)(1) Filled with an inert gas or for Chemical Substances in Workroom
water, where compatible; or Air Adopted by ACGIH for 1973, pages
(2) Determined to be free of flam- 1 through 54, which are hereby incor-
mable gases by a flammable gas detec- porated by reference and made a part
tion device prior to and at frequent in- hereof. This publication may be ob-
tervals during the application of heat. tained from the American Conference
of Governmental industrial Hygienists
APPENDIX I TO SUBPART C OF PART 56 by writing to 1330 Kemper Meadow
NATIONAL CONSENSUS STANDARDS Drive, Attn: Customer Service, Cin-
cinnati, OH 45240; http://www.acgih.org,
Mine operators seeking further informa-
tion in the area of fire prevention and con-
or may be examined in any Metal and
trol may consult the following national con- Nonmetal Mine Safety and Health Dis-
sensus standards. trict Office of the Mine Safety and
Health Administration. Excursions
MSHA National consensus standard above the listed thresholds shall not be
standard
of a greater magnitude than is charac-
56.4200, NFPA No. 10Portable Fire Extinguisher. terized as permissible by the Con-
56.4201. ference.
NFPA No. 11Low Expansion Foam and Com- (b) Asbestos standard(1) Definitions.
bined Agent Systems.
NFPA No. 11AHigh Expansion Foam Sys-
Asbestos is a generic term for a num-
tems. ber of asbestiform hydrated silicates
NFPA No. 12Carbon Dioxide Extinguishing that, when crushed or processed, sepa-
Systems. rate into flexible fibers made up of
NFPA No. 12AHalon 1301 Extinguishing Sys- fibrils.
tems.
NFPA No. 13Water Sprinkler Systems.
Asbestos means chrysotile,
NFPA No. 14Standpipe and Hose Systems. cummingtonite-grunerite asbestos
NFPA No. 15Water Spray Fixed Systems. (amosite), crocidolite, anthophylite as-
NFPA No. 16Foam Water Spray Systems. bestos, tremolite asbestos, and actino-
NFPA No. 17Dry-Chemical Extinguishing lite asbestos.
Systems.
Asbestos fiber means a fiber of asbes-
NFPA No. 121Mobile Surface Mining Equip-
ment. tos that meets the criteria of a fiber.
NFPA No. 291Testing and Marketing Hy- Fiber means a particle longer than 5
drants. micrometers (m) with a length-to-di-
NFPA No. 1962Care, Use, and Maintenance ameter ratio of at least 3-to-1.
of Fire Hose, Connections, and Nozzles.
(2) Permissible Exposure Limits
56.4202 .. NFPA No. 14Standpipe and Hose Systems.
NFPA No. 291Testing and Marketing Hy- (PELs)(i) Full-shift limit. A miners
drants. personal exposure to asbestos shall not
56.4203 .. NFPA No. 10Portable Fire Extinguishers. exceed an 8-hour time-weighted aver-
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).
298
(ii) Excursion limit. No miner shall be time in concentrations of airborne con-

exposed at any time to airborne contaminants exceeding permissible levels
centrations of asbestos in excess of 1 if they are protected by appropriate
fiber per cubic centimeter of air (f/cc) respiratory protective equipment.
as averaged over a sampling period of Whenever respiratory protective equip-
30 minutes. ment is used a program for selection,
(3) Measurement of airborne asbestos maintenance, training, fitting, super-
fiber concentration. Potential asbestos vision, cleaning, and use shall meet the
fiber concentration shall be determined following miminum requirements:
by phase contrast microscopy (PCM) (a) Respirators approved by NIOSH
using the OSHA Reference Method in under 42 CFR part 84 which are applica-
OSHAs asbestos standard found in 29 ble and suitable for the purpose in-
CFR 1910.1001, Appendix A, or a method tended shall be furnished and miners
at least equivalent to that method in shall use the protective equipment in
identifying a potential asbestos expo- accordance with training and instruc-
sure exceeding the 0.1 f/cc full-shift tion.
limit or the 1 f/cc excursion limit. (b) A respirator program consistent
When PCM results indicate a potential with the requirements of ANSI Z88.2
exposure exceeding the 0.1 f/cc full- 1969, published by the American Na-
shift limit or the 1 f/cc excursion limit, tional Standards Institute and entitled
samples shall be further analyzed using American National Standards Prac-
transmission electron microscopy ac- tices for Respiratory Protection ANSI
cording to NIOSH Method 7402 or a Z88.21969, approved August 11, 1969,
method at least equivalent to that which is hereby incorporated by ref-
method. erence and made a part hereof. This
(c) Employees shall be withdrawn publication may be obtained from the
from areas where there is present an American National Standards Insti-
airborne contaminant given a C des- tute, Inc., 25 W. 43rd Street, 4th Floor,
ignation by the Conference and the New York, NY 10036; http://
concentration exceeds the threshold www.ansi.org, or may be examined in
limit value listed for that contami- any Metal and Nonmetal Mine Safety
nant. and Health District Office of the Mine
[50 FR 4054, Jan. 29, 1985, as amended at 60 Safety and Health Administration.
FR 35695, July 11, 1995; 71 FR 16667, Apr. 3, (c) When respiratory protection is
2006; 73 FR 11303, Feb. 29, 2008; 73 FR 66172, used in atmospheres immediately
Nov. 7, 2008] harmful to life, the presence of at least
one other person with backup equip-
56.5002 Exposure monitoring. ment and rescue capability shall be re-
Dust, gas, mist, and fume surveys quired in the event of failure of the res-
shall be conducted as frequently as piratory equipment.
necessary to determine the adequacy of [50 FR 4054, Jan. 29, 1985, as amended at 60
control measures. FR 30400, June 8, 1995; 60 FR 33723, June 29,
1995; 60 FR 35695, July 11, 1995; 71 FR 16667,
56.5005 Control of exposure to air- Apr. 3, 2006]
borne contaminants.
Control of employee exposure to 56.5006 Restricted use of chemicals.
harmful airborne contaminants shall The following chemical substances
be, insofar as feasible, by prevention of shall not be used or stored except by
contamination, removal by exhaust competent persons under laboratory
ventilation, or by dilution with conditions approved by a nationally
uncontaminated air. However, where recognized agency acceptable to the
accepted, engineering control measures Secretary.
have not been developed or when nec- (a) Carbon tetrachloride.
essary by the nature of work involved (b) Phenol,
(for example, while establishing con- (c) 4-Nitrobiphenyl,
trols or occasional entry into haz- (d) Alpha-naphthylamine,
ardous atmospheres to perform mainte- (e) 4,4-Methylene Bis (2-

nance or investigation), employees chloroaniline),
may work for reasonable periods of (f) Methyl-chloromethyl ether,
299
56.6000 30 CFR Ch. I (7115 Edition)
(g) 3,3 Dichlorobenzidine, Misfire. The complete or partial fail-

(h) Bis (chloromethyl) ether, ure of explosive material to detonate
(i) Beta-napthylamine, as planned. The term also is used to de-
(j) Benzidine, scribe the explosive material itself
(k) 4-Aminodiphenyl, that has failed to detonate.
(l) Ethyleneimine, Primer. A unit, package, or cartridge
(m) Beta-propiolactone, of explosives which contains a deto-
(n) 2-Acetylaminofluorene, nator and is used to initiate other ex-
(o) 4-Dimethylaminobenzene, and plosives or blasting agents.
(p) N-Nitrosodimethylamine. Safety switch. A switch that provides
shunt protection in blasting circuits
Subpart EExplosives between the blast site and the switch
used to connect a power source to the
blasting circuit.
SOURCE: 61 FR 36795, July 12, 1996, unless Slurry. An explosive material con-
otherwise noted.
taining substantial portions of a liquid,
56.6000 Definitions. oxidizers, and fuel, plus a thickener.
Water gel. An explosive material con-
The following definitions apply in taining substantial portions of water,
this subpart. oxidizers, and fuel, plus a cross-linking
Blasting agent. Any substance classi- agent.
fied as a blasting agent by the Depart-
ment of Transportation in 49 CFR [50 FR 4054, Jan. 29, 1985, as amended at 67
173.114a(a). This document is available FR 38385, June 4, 2002; 68 FR 32361, May 30,
at any MSHA Metal and Nonmetal 2003; 69 FR 38840, June 29, 2004]
Safety and Health district office.
STORAGE
Detonating cord. A flexible cord con-
taining a center core of high explosives 56.6100 Separation of stored explo-
which may be used to initiate other ex- sive material.
plosives.
Detonator. Any device containing a (a) Detonators shall not be stored in
detonating charge used to initiate an the same magazine with other explo-
explosive. These devices include elec- sive material.
tric or nonelectric instantaneous or (b) When stored in the same maga-
delay blasting caps and delay connec- zine, blasting agents shall be separated
tors. The term detonator does not from explosives, safety fuse, and deto-
include detonating cord. Detonators nating cord to prevent contamination.
may be either Class A detonators or
56.6101 Areas around explosive mate-
Class C detonators, as classified by rial storage facilities.
the Department of Transportation in 49
CFR 173.53, and 173.100. This document (a) Areas surrounding storage facili-
is available at any MSHA Metal and ties for explosive material shall be
Nonmetal Safety and Health district clear of rubbish, brush, dry grass, and
office. trees for 25 feet in all directions, except
Flash point. The minimum tempera- that live trees 10 feet or taller need not
ture at which sufficient vapor is re- be removed.
leased by a liquid to form a flammable (b) Other combustibles shall not be
vapor-air mixture near the surface of stored or allowed to accumulate within
the liquid. 50 feet of explosive material. Combus-
Igniter cord. A fuse that burns pro- tible liquids shall be stored in a man-
gressively along its length with an ex- ner that ensures drainage will occur
ternal flame at the zone of burning, away from the explosive material stor-
used for lighting a series of safety fuses age facility in case of tank rupture.
in a desired sequence.
Magazine. A bullet-resistant, theft- 56.6102 Explosive material storage
practices.
resistant, fire-resistant, weather-re-
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;
300
(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-
(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;
301
56.6200 30 CFR Ch. I (7115 Edition)
(2) Posted with the appropriate 56.6201 Separation of transported ex-

United States Department of Transpor- plosive material.
tation placards or other appropriate Detonators shall not be transported
warning signs that indicate the con- on the same vehicle or conveyance
tents and are visible from each ap- with other explosives except as follows:
proach; (a) Detonators in quantities of more
(3) Located out of the blast area once than 1000 may be transported in a vehi-
loading has been completed; cle or conveyance with explosives or
(4) Locked or attended when con- blasting agents provided the deto-
taining explosive material; and nators are
(5) Emptied at the end of each shift (1) Maintained in the original pack-
aging as shipped from the manufac-
with the contents returned to a maga-
turer; and
zine or other storage facility, or at-
(2) Separated from explosives or
tended. blasting agents by 4-inches of hard-
(b) Detonators shall be kept in chests wood or equivalent, or a laminated par-
separate from explosives or blasting tition. The hardwood or equivalent
agents, unless separated by 4-inches of shall be fastened to the vehicle or con-
hardwood or equivalent, or a laminated veyance. When a laminated partition is
partition. When a laminated partition used, operators must follow the provi-
is used, operators must follow the pro- sions of the Institute of Makers of Ex-
visions of the Institute of Makers of plosives (IME) Safety Library Publica-
Explosives (IME) Safety Library Publi- tion No.22, Recommendations for the
cation No. 22, Recommendations for Safe Transportation of Detonators in a
the Safe Transportation of Detonators Vehicle with other Explosive Mate-
in a Vehicle with other Explosive Ma- rials, (May 1993), and the Generic
terials, (May 1993), and the Generic Loading Guide for the IME22 Con-
Loading Guide for the IME22 Con- tainer, (October 1993). This incorpora-
tainer, (October 1993). This incorporation by reference has been approved by
tion by reference has been approved by the Director of the Federal Register in
the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Copies are available at
accordance with 5 U.S.C. 552(a) and 1
MSHA, 1100 Wilson Blvd., Room 2436,
CFR part 51. Copies are available at
Arlington, Virginia 222093939, and at
all Metal and Nonmetal Mine Safety
Arlington, Virginia 222093939, and at and Health district offices, or available
all Metal and Nonmetal Mine Safety for inspection at the National Archives
and Health district offices, or available and Records Administration (NARA).
for inspection at the National Archives For information on the availability of
and Records Administration (NARA). this material at NARA, call 202741
For information on the availability of 6030, or go to: http://www.archives.gov/
this material at NARA, call 202741 federallregister/
6030, or go to: http://www.archives.gov/ codeloflfederallregulations/
federallregister/ ibrllocations.html.
codeloflfederallregulations/ (b) Detonators in quantities of 1000 or
ibrllocations.html. fewer may be transported with explo-
sives or blasting agents provided the
[50 FR 4054, Jan. 29, 1985, as amended at 67
detonators are
FR 38385, June 4, 2002]
(1) Kept in closed containers; and
TRANSPORTATION (2) Separated from explosives or
blasting agents by 4-inches of hard-
56.6200 Delivery to storage or blast wood or equivalent, or a laminated par-
site areas. tition. The hardwood or equivalent
shall be fastened to the vehicle or con-
Explosive material shall be trans- veyance. When a laminated partition is
ported without undue delay to the stor- used, operators must follow the provi-
age area or blast site.
sions of IME Safety Library Publica-

tion No. 22, Recommendations for the
Safe Transportation of Detonators in a
302
Vehicle with other Explosive Mate- (b) Vehicles containing explosives

rials, (May 1993), and the Generic shall have
Loading Guide for the IME22 Con- (1) No sparking material exposed in
tainer, (October 1993). This incorpora- the cargo space; and
tion by reference has been approved by (2) Only properly secured non-
the Director of the Federal Register in sparking equipment in the cargo space
accordance with 5 U.S.C. 552(a) and 1 with the explosives.
CFR part 51. Copies are available at (c) Vehicles used for dispensing bulk
explosive material shall
Arlington, Virginia 222093939, and at
all Metal and Nonmetal Mine Safety (1) Have no zinc or copper exposed in
and Health district offices, or available the cargo space; and
for inspection at the National Archives (2) Provide any enclosed screw-type
and Records Administration (NARA). conveyors with protection against in-
For information on the availability of ternal pressure and frictional heat.
this material at NARA, call 202741
6030, or go to: http://www.archives.gov/ 56.6203 Locomotives.
federallregister/ Explosive material shall not be
codeloflfederallregulations/ transported on a locomotive. When ex-
ibrllocations.html. plosive material is hauled by trolley
[50 FR 4054, Jan. 29, 1985, as amended at 67 locomotive, covered, electrically insu-
FR 38385, June 4, 2002] lated cars shall be used.
56.6202 Vehicles. 56.6204 Hoists.

(a) Vehicles containing explosive ma- (a) Before explosive material is
terial shall be transported in hoist conveyances, the
(1) Maintained in good condition and hoist operator shall be notified.
shall comply with the requirements of (b) Explosive material transported in
subpart M of this part; hoist conveyances shall be placed with-
(2) Equipped with sides and enclo- in a container which prevents shifting
sures higher than the explosive mate- of the cargo that could cause detona-
rial being transported or have the ex- tion of the container by impact or by
plosive material secured to a non- sparks. The manufacturers container
conductive pallet; may be used if secured to a nonconduc-
(3) Equipped with a cargo space that tive pallet. When explosives are trans-
shall contain the explosive material ported, they shall be secured so as not
(passenger areas shall not be consid- to contact any sparking material.
ered cargo space); (c) No explosive material shall be
(4) Equipped with at least two multi- transported during a mantrip.
purpose dry-chemical fire extin-
guishers or one such extinguisher and 56.6205 Conveying explosives by
an automatic fire suppression system; hand.
(5) Posted with warning signs that in-
dicate the contents and are visible Closed, nonconductive containers
from each approach; shall be used to carry explosives and
(6) Occupied only by persons nec- detonators to and from blast sites. Sep-
essary for handling the explosive mate- arate containers shall be used for ex-
rial; plosives and detonators.
(7) Attended or the cargo compart-
ment locked, except when parked at USE
the blast site and loading is in
56.6300 Control of blasting oper-
progress; and ations.
(8) Secured while parked by having
(i) The brakes set; (a) Only persons trained and experi-
(ii) The wheels chocked if movement enced in the handling and use of explo-
could occur; and sive material shall direct blasting op-
erations and related activities.
(iii) The engine shut off unless

powering a device being used in the (b) Trainees and inexperienced per-
loading operation. sons shall work only in the immediate
303
56.6301 30 CFR Ch. I (7115 Edition)
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.
56.6306 Loading, blasting, and secu- 56.6307 Drill stem loading.

rity. Explosive material shall not be load-
(a) When explosive materials or initi- ed into blastholes with drill stem
ating systems are brought to the blast equipment or other devices that could
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.
304
56.6308 Initiation systems. facturer and shall have similar elec-

trical firing characteristics.
Initiation systems shall be used in
accordance with the manufacturers in- 56.6401 Shunting.
structions.
Except during testing
56.6309 Fuel oil requirements for (a) Electric detonators shall be kept
ANFO. shunted until connected to the blasting
line or wired into a blasting round;
(a) Liquid hydrocarbon fuels with
(b) Wired rounds shall be kept shunt-
flash points lower than that of No. 2
ed until connected to the blasting line;
diesel oil (125 F) shall not be used to
and
prepare ammonium nitrate-fuel oil, ex-
(c) Blasting lines shall be kept shunt-
cept that diesel fuels with flash points
ed until immediately before blasting.
no lower than 100 F may be used at
ambient air temperatures below 45 F. 56.6402 Deenergized circuits near
(b) Waste oil, including crankcase detonators.
oil, shall not be used to prepare ammo- Electrical distribution circuits with-
nium nitrate-fuel oil. in 50 feet of electric detonators at the
56.6310 Misfire waiting period. blast site shall be deenergized. Such
circuits need not be deenergized be-
When a misfire is suspected, persons tween 25 to 50 feet of the electric deto-
shall not enter the blast area nators if stray current tests, conducted
(a) For 30 minutes if safety fuse and as frequently as necessary, indicate a
blasting caps are used; or maximum stray current of less than
(b) For 15 minutes if any other type 0.05 amperes through a 1-ohm resistor
detonators are used. as measured at the blast site.
56.6311 Handling of misfires. 56.6403 Branch circuits.
(a) Faces and muck piles shall be ex- (a) If electric blasting includes the
amined for misfires after each blasting use of branch circuits, each branch
operation. shall be equipped with a safety switch
(b) Only work necessary to remove a or equivalent method to isolate the cir-
misfire and protect the safety of min- cuits to be used.
ers engaged in the removal shall be (b) At least one safety switch or
permitted in the affected area until the equivalent method of protection shall
misfire is disposed of in a safe manner. be located outside the blast area and
(c) When a misfire cannot be disposed shall be in the open position until per-
of safely, each approach to the area af- sons are withdrawn.
fected by the misfire shall be posted
with a warning sign at a conspicuous 56.6404 Separation of blasting cir-
location to prohibit entry, and the con- cuits from power source.
dition shall be reported immediately to (a) Switches used to connect the
mine management. power source to a blasting circuit shall
(d) Misfires occurring during the be locked in the open position except
shift shall be reported to mine manage- when closed to fire the blast.
ment not later than the end of the (b) Lead wires shall not be connected
shift. to the blasting switch until the shot is
ready to be fired.
56.6312 Secondary blasting.
56.6405 Firing devices.
Secondary blasts fired at the same
time in the same work area shall be (a) Power sources shall be capable of
initiated from one source. delivering sufficient current to ener-
gize all electric detonators to be fired
ELECTRIC BLASTING with the type of circuits used. Storage
or dry cell batteries are not permitted
56.6400 Compatibility of electric det- as power sources.
onators.
(b) Blasting machines shall be tested,

All electric detonators to be fired in repaired, and maintained in accordance
a round shall be from the same manu- with manufacturers instructions.
305
56.6406 30 CFR Ch. I (7115 Edition)
(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
devices shall be secured in a manner 1 ......................................................... 2 min. 1

which provides for uninterrupted prop- 25 ..................................................... 2 min. 40 sec.
agation; 610 ................................................... 3 min. 20 sec.
306
TABLE E1SAFETY FUSEMINIMUM BURNING 56.6602 Static electricity dissipation

TIMEContinued during loading.
Minimum When explosive material is loaded
Number of holes in a round burning time pneumatically into a blasthole in a
11 to 15 ............................................. 5 min. manner that generates a static elec-
1 For
tricity hazard
example, at least a 36-inch length of 40-second-per-
foot safety fuse or at least a 48-inch length of 30-second-per- (a) An evaluation of the potential
foot safety fuse would have to be used to allow sufficient time static electricity hazard shall be made
to evacuate the area.
and any hazard shall be eliminated be-
(c) Where flyrock might damage ex- fore loading begins;
posed safety fuse, the blast shall be (b) The loading hose shall be of a
timed so that all safety fuses are burn- semiconductive type, have a total of
ing within the blastholes before any not more than 2 megohms of resistance
blasthole detonates. over its entire length and not less than
(d) Fuse shall be cut and capped in 1000 ohms of resistance per foot;
dry locations. (c) Wire-countered hoses shall not be
(e) Blasting caps shall be crimped to used;
fuse only with implements designed for (d) Conductive parts of the loading
that purpose. equipment shall be bonded and ground-
(f) Safety fuse shall be ignited only ed and grounds shall not be made to
after the primer and the explosive ma- other potential sources of extraneous
terial are securely in place. electricity; and
(g) Safety fuse shall be ignited only (e) Plastic tubes shall not be used as
with devices designed for that purpose. hole liners if the hole contains an elec-
Carbide lights, liquefied petroleum gas tric detonator.
torches, and cigarette lighters shall
not be used to light safety fuse. 56.6603 Air gap.
(h) At least two persons shall be At least a 15-foot air gap shall be pro-
present when lighting safety fuse, and vided between the blasting circuit and
no one shall light more than 15 indi- the electric power source.
vidual fuses. If more than 15 holes per
person are to be fired, electric initi- 56.6604 Precautions during storms.
ation systems, igniter cord and connec- During the approach and progress of
tors, or other nonelectric initiation an electrical storm, blasting operations
systems shall be used. shall be suspended and persons with-
drawn from the blast area or to a safe
EXTRANEOUS ELECTRICITY location.
56.6600 Loading practices. 56.6605 Isolation of blasting circuits.
If extraneous electricity is suspected Lead wires and blasting lines shall be
in an area where electric detonators isolated and insulated from power con-
are used, loading shall be suspended ductors, pipelines, and railroad tracks,
until tests determine that stray cur- and shall be protected from sources of
rent does not exceed 0.05 amperes stray or static electricity. Blasting cir-
through a 1-ohm resister when meas- cuits shall be protected from any con-
ured at the location of the electric det- tact between firing lines and overhead
onators. If greater levels of extraneous powerlines which could result from the
electricity are found, the source shall force of a blast.
be determined and no loading shall
take place until the condition is cor- EQUIPMENT/TOOLS
rected.
56.6700 Nonsparking tools.
56.6601 Grounding.
Only nonsparking tools shall be used
Electric blasting circuits, including
to open containers of explosive mate-

powerline sources when used, shall not rial or to punch holes in explosive car-
be grounded. tridges.
307
56.6701 30 CFR Ch. I (7115 Edition)
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 instructors 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;
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
308
(3) Take other special precautions to 56.7008 Moving the drill.

address the specific conditions at the When a drill is being moved from one
mine to prevent premature detonation. drilling area to another, drill steel,
56.6903 Burning explosive material. tools, and other equipment shall be se-
cured and the mast placed in a safe po-
If explosive material is suspected of sition.
burning at the blast site, persons shall
be evacuated from the endangered area 56.7009 Drill helpers.
and shall not return for at least one If a drill helper assists the drill oper-
hour after the burning or suspected ator during movement of a drill to a
burning has stopped. new location, the helper shall be in
56.6904 Smoking and open flames. sight of, or in communication with, the
operator at all times.
Smoking and use of open flames shall
not be permitted within 50 feet of ex- 56.7010 Power failures.
plosive material except when separated In the event of power failure, drill
by permanent noncombustible barriers. controls shall be placed in the neutral
This standard does not apply to devices position until power is restored.
designed to ignite safety fuse or to
heating devices which do not create a 56.7011 Straightening crossed cables.
fire or explosion hazard. The drill stem shall be resting on the
56.6905 Protection of explosive mate- bottom of the hole or on the platform
rial. with the stem secured to the mast be-
fore attempts are made to straighten a
(a) Explosive material shall be pro- crossed cable on a reel.
tected from temperatures in excess of
150 degrees Fahrenheit. 56.7012 Tending drills in operation.
(b) Explosive material shall be pro-
While in operation, drills shall be at-
tected from impact, except for tamping
tended at all times.
and dropping during loading.
56.7013 Covering or guarding drill
Subpart FDrilling and Rotary Jet holes.
Piercing Drill holes large enough to constitute
a hazard shall be covered or guarded.
DRILLING
56.7018 Hand clearance.
56.7002 Equipment defects.
Persons shall not hold the drill steel
Equipment defects affecting safety while collaring holes, or rest their
shall be corrected before the equipment hands on the chuck or centralizer while
is used. drilling.
56.7003 Drill area inspection. 56.7050 Tool and drill steel racks.
The drilling area shall be inspected Receptacles or racks shall be pro-
for hazards before starting the drilling vided for drill steel and tools stored or
operations. carried on drills.
56.7004 Drill mast. 56.7051 Loose objects on the mast or
Persons shall not be on a mast while drill platform.
the drill-bit is in operation unless they To prevent injury to personnel, tools
are provided with a safe platform from and other objects shall not be left loose
which to work and they are required to on the mast or drill platform.
use safety belts to avoid falling.
56.7005 Augers and drill stems. Persons shall not drill from
Drill crews and others shall stay (a) Positions which hinder their ac-
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
309
56.7053 30 CFR Ch. I (7115 Edition)
(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.
56.7801 Jet drills. TRAFFIC SAFETY

Jet piercing drills shall be provided 56.9100 Traffic control.
with
(a) A system to pressurize the equip- To provide for the safe movement of
ment operators cab, when a cab is pro- self-propelled mobile equipment
vided; and (a) Rules governing speed, right-of-
(b) A protective cover over the oxy- way, direction of movement, and the
gen flow indicator. use of headlights to assure appropriate
visibility, shall be established and fol-
56.7802 Oxygen hose lines. lowed at each mine; and
Safety chains or other suitable lock- (b) Signs or signals that warn of haz-
ing devices shall be provided across ardous conditions shall be placed at ap-
connections to and between high pres- propriate locations at each mine.
sure oxygen hose lines of 1-inch inside
diameter or larger. 56.9101 Operating speeds and control
of equipment.
56.7803 Lighting the burner. Operators of self-propelled mobile
A suitable means of protection shall equipment shall maintain control of
be provided for the employee when the equipment while it is in motion.
lighting the burner. Operating speeds shall be consistent
with conditions of roadways, tracks,
56.7804 Refueling. grades, clearance, visibility, and traf-
When rotary jet piercing equipment fic, and the type of equipment used.
requires refueling at locations other
than fueling stations, a system for 56.9102 Movement of independently
operating rail equipment.
fueling without spillage shall be pro-
vided. Movement of two or more pieces of
rail equipment operating independ-
56.7805 Smoking and open flames. ently on the same track shall be con-
Persons shall not smoke and open trolled for safe operation.
flames shall not be used in the vicinity
of the oxygen storage and supply lines. 56.9103 Clearance on adjacent tracks.
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.
310
56.9104 Railroad crossings. 56.9201 Loading, hauling, and un-

Designated railroad crossings shall loading of equipment or supplies.
be posted with warning signs or sig- Equipment and supplies shall be load-
nals, or shall be guarded when trains ed, transported, and unloaded in a
are passing. These crossings shall also manner which does not create a hazard
be planked or filled between the rails. to persons from falling or shifting
equipment or supplies.
TRANSPORTATION OF PERSONS AND
MATERIALS 56.9202 Loading and hauling large
rocks.
56.9200 Transporting persons. Large rocks shall be broken before
Persons shall not be transported loading if they could endanger persons
(a) In or on dippers, forks, clam- or affect the stability of mobile equip-
shells, or buckets except shaft buckets ment. Mobile equipment used for haul-
during shaft-sinking operations or dur- age of mined material shall be loaded
ing inspection, maintenance and repair to minimize spillage where a hazard to
of shafts. persons could be created.
(b) In beds of mobile equipment or
railcars, unless SAFETY DEVICES, PROVISIONS, AND PRO-
(1) Provisions are made for secure CEDURES FOR ROADWAYS, RAILROADS,
travel, and AND LOADING AND DUMPING SITES
(2) Means are taken to prevent acci-
dental unloading if the equipment is 56.9300 Berms or guardrails.
provided with unloading devices; (a) Berms or guardrails shall be pro-
(c) On top of loads in mobile equip- vided and maintained on the banks of
ment; roadways where a drop-off exists of suf-
(d) Outside cabs, equipment opera- ficient grade or depth to cause a vehi-
tors stations, and beds of mobile cle to overturn or endanger persons in
equipment, except when necessary for equipment.
maintenance, testing, or training pur- (b) Berms or guardrails shall be at
poses, and provisions are made for se- least mid-axle height of the largest
cure travel. This provision does not self-propelled mobile equipment which
apply to rail equipment. usually travels the roadway.
(e) Between cars of trains, on the (c) Berms may have openings to the
leading end of trains, on the leading extent necessary for roadway drainage.
end of a single railcar, or in other loca- (d) Where elevated roadways are in-
tions on trains that expose persons to frequently traveled and used only by
hazards from train movement. service or maintenance vehicles, berms
(1) This paragraph does not apply to or guardrails are not required when all
car droppers if they are secured with of the following are met:
safety belts and lines which prevent (1) Locked gates are installed at the
them from falling off the work plat- entrance points to the roadway.
form. (2) Signs are posted warning that the
(2) Brakemen and trainmen are pro- roadway is not bermed.
hibited from riding between cars of (3) Delineators are installed along
moving trains, but may ride on the the perimeter of the elevated roadway
leading end of trains or other locations so that, for both directions of travel,
when necessary to perform their du- the reflective surfaces of at least three
ties; delineators along each elevated shoul-
(f) To and from work areas in over- der are always visible to the driver and
crowded mobile equipment; spaced at intervals sufficient to indi-
(g) In mobile equipment with mate- cate the edges and attitude of the road-
rials or equipment unless the items are way.
secured or are small and can be carried (4) A maximum speed limit is posted
safely by hand without creating a haz- and observed for the elevated unbermed
ard to persons; or portions of the roadway. Factors to
(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,
311
56.9301 30 CFR Ch. I (7115 Edition)
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-
(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.
312
56.9313 Roadway maintenance. Subpart IAerial Tramways

Water, debris, or spilled material on
56.10001 Filling buckets.
roadways which creates hazards to the
operation of mobile equipment shall be Buckets shall not be overloaded, and
removed. feed shall be regulated to prevent spill-
age.
56.9314 Trimming stockpile and
muckpile faces. 56.10002 Inspection and mainte-
Stockpile and muckpile faces shall be nance.
trimmed to prevent hazards to persons. Inspection and maintenance of car-
riers (including loading and unloading
56.9315 Dust control. mechanisms), ropes and supports, and
Dust shall be controlled at muck brakes shall be performed by com-
piles, material transfer points, petent persons according to the rec-
crushers, and on haulage roads where ommendations of the manufacturer.
hazards to persons would be created as
a result of impaired visibility. 56.10003 Correction of defects.
Any hazardous defects shall be cor-
56.9316 Notifying the equipment op-
erator. rected before the equipment is used.
When an operator of self-propelled 56.10004 Brakes.
mobile equipment is present, persons
Positive-action-type brakes and de-
shall notify the equipment operator be-
fore getting on or off that equipment. vices which apply the brakes automati-
cally in the event of a power failure
56.9317 Suspended loads. shall be provided on aerial tramways.
Persons shall not work or pass under 56.10005 Track cable connections.
the buckets or booms of loaders in op-
eration. Track cable connections shall not ob-
struct the passage of carriage wheels.
56.9318 Getting on or off moving
equipment. 56.10006 Tower guards.
Persons shall not get on or off mov- Towers shall be suitably protected
ing mobile equipment. This provision from swaying buckets.
does not apply to trainmen, brakemen,
and car droppers who are required to 56.10007 Falling object protection.
get on or off slowly moving trains in Guard nets or other suitable protec-
the performance of their work duties. tion shall be provided where tramways
pass over roadways, walkways, or
56.9319 Going over, under, or be-
tween railcars. buildings.
Persons shall not go over, under, or 56.10008 Riding tramways.

between railcars unless:
Persons other than maintenance per-
(a) The train is stopped; and
sons shall not ride aerial tramways un-
(b) The train operator, when present, less the following features are pro-
is notified and the notice acknowl-
vided:
edged.
(a) Two independent brakes, each ca-
56.9330 Clearance for surface equip- pable of holding the maximum load;
ment. (b) Direct communication between
Continuous clearance of at least 30 terminals;
inches from the farthest projection of (c) Power drives with emergency
moving railroad equipment shall be power available in case of primary
provided on at least one side of the power failure; and
(d) Buckets equipped with positive
tracks at all locations where possible

or the area shall be marked conspicu- locks to prevent accidental tripping or
ously. dumping.
313
56.10009 30 CFR Ch. I (7115 Edition)
56.10009 Riding loaded buckets. 56.11008 Restricted clearance.

Persons shall not ride loaded buck- Where restricted clearance creates a
ets. hazard to persons, the restricted clear-
ance shall be conspicuously marked.
56.10010 Starting precautions.
[53 FR 32521, Aug. 25, 1988]
Where possible, aerial tramways
shall not be started until the operator 56.11009 Walkways along conveyors.
has ascertained that everyone is in the
Walkways with outboard railings
clear.
shall be provided wherever persons are
required to walk alongside elevated
Subpart JTravelways conveyor belts. Inclined railed walk-
ways shall be nonskid or provided with
56.11001 Safe access.
cleats.
Safe means of access shall be pro-
vided and maintained to all working 56.11010 Stairstep clearance.
places. Vertical clearance above stair steps
shall be a minimum of seven feet, or
56.11002 Handrails and toeboards.
suitable warning signs or similar de-
Crossovers, elevated walkways, ele- vices shall be provided to indicate an
vated ramps, and stairways shall be of impaired clearance.
substantial construction provided with
handrails, and maintained in good con- 56.11011 Use of ladders.
dition. Where necessary, toeboards Persons using ladders shall face the
shall be provided. ladders and have both hands free for
climbing and descending.
56.11003 Construction and mainte-
nance of ladders. 56.11012 Protection for openings
Ladders shall be of substantial con- around travelways.
struction and maintained in good con- Openings above, below, or near
dition. travelways through which persons or
materials may fall shall be protected
56.11004 Portable rigid ladders.
by railings, barriers, or covers. Where
Portable rigid ladders shall be pro- it is impractical to install such protec-
vided with suitable bases and placed se- tive devices, adequate warning signals
curely when used. shall be installed.
56.11005 Fixed ladder anchorage and 56.11013 Conveyor crossovers.
toe clearance.
Crossovers shall be provided where it
Fixed ladders shall be anchored se- is necessary to cross conveyors.
curely and installed to provide at least
3 inches of toe clearance. 56.11014 Crossing moving conveyors.
Moving conveyors shall be crossed
56.11006 Fixed ladder landings.
only at designated crossover points.
Fixed ladders shall project at least 3
feet above landings, or subtantial 56.11016 Snow and ice on walkways
handholds shall be provided above the and travelways.
landings. Regularly used walkways and
travelways shall be sanded, salted, or
56.11007 Wooden components of lad-
cleared of snow and ice as soon as prac-
ders.
ticable.
Wooden components of ladders shall
not be painted except with a trans- 56.11017 Inclined fixed ladders.
parent finish. Fixed ladders shall not incline back-

wards.
314
56.11025 Railed landings, will not damage the insulating mate-

backguards, and other protection rials. Electrical conductors exposed to
for fixed ladders. mechanical damage shall be protected.
Fixed ladders, except on mobile
equipment, shall be offset and have 56.12005 Protection of power conduc-
substantial railed landings at least tors from mobile equipment.
every 30 feet unless backguards or Mobile equipment shall not run over
equivalent protection, such as safety power conductors, nor shall loads be
belts and safety lines, are provided. dragged over power conductors, unless
the conductors are properly bridged or
56.11026 Protection for inclined fixed protected.
ladders.
Fixed ladders 70 degrees to 90 degrees 56.12006 Distribution boxes.
from the horizontal and 30 feet or more Distribution boxes shall be provided
in length shall have backguards, cages with a disconnecting device for each
or equivalent protection, starting at a branch circuit. Such disconnecting de-
point not more than seven feet from vices shall be equipped or designed in
the bottom of the ladders. such a manner that it can be deter-
56.11027 Scaffolds and working plat- mined by visual observation when such
forms. a device is open and that the circuit is
deenergized, the distribution box shall
Scaffolds and working platforms
be labeled to show which circuit each
shall be of substantial construction
device controls.
and provided with handrails and main-
tained in good condition. Floor boards 56.12007 Junction box connection
shall be laid properly and the scaffolds procedures.
and working platforms shall not be
overloaded. Working platforms shall be Trailing cable and power-cable con-
provided with toeboards when nec- nections to junction boxes shall not be
essary. made or broken under load.
56.12008 Insulation and fittings for

Subpart KElectricity power wires and cables.
56.12001 Circuit overload protection. Power wires and cables shall be insu-
Circuits shall be protected against lated adequately where they pass into
excessive overload by fuses or circuit or out of electrical compartments. Ca-
breakers of the correct type and capac- bles shall enter metal frames of mo-
ity. tors, splice boxes, and electrical com-
partments only through proper fit-
56.12002 Controls and switches. tings. When insulated wires, other than
Electric equipment and circuits shall cables, pass through metal frames, the
be provided with switches or other con- holes shall be substantially bushed
trols. Such switches or controls shall with insulated bushings.
be of approved design and construction
56.12010 Isolation or insulation of
and shall be properly installed. communication conductors.
56.12003 Trailing cable overload pro- Telephone and low-potential signal
tection. wire shall be protected, by isolation or
Individual overload protection or suitable insulation, or both, from con-
short circuit protection shall be pro- tacting energized power conductors or
vided for the trailing cables of mobile any other power source.
equipment.
56.12011 High-potential electrical
56.12004 Electrical conductors. conductors.
Electrical conductors shall be of a High-potential electrical conductors
sufficient size and current-carrying ca- shall be covered, insulated, or placed to

pacity to ensure that a rise in tempera- prevent contact with low potential
ture resulting from normal operations conductors.
315
56.12012 30 CFR Ch. I (7115 Edition)
56.12012 Bare signal wires. 56.12017 Work on power circuits.

The potential on bare signal wires ac- Power circuits shall be deenergized
cessible to contact by persons shall not before work is done on such circuits
exceed 48 volts. unless hot-line tools are used. Suitable
warning signs shall be posted by the in-
56.12013 Splices and repairs of power dividuals who are to do the work.
cables. Switches shall be locked out or other
Permanent splices and repairs made measures taken which shall prevent
in power cables, including the ground the power circuits from being energized
conductor where provided, shall be: without the knowledge of the individ-
(a) Mechanically strong with elec- uals working on them. Such locks,
trical conductivity as near as possible signs, or preventative devices shall be
removed only by the person who in-
to that of the original;
stalled them or by authorized per-
(b) Insulated to a degree at least
sonnel.
equal to that of the original, and sealed
to exclude moisture; and 56.12018 Identification of power
(c) Provided with damage protection switches.
as near as possible to that of the origi- Principal power switches shall be la-
nal, including good bonding to the beled to show which units they control,
outer jacket. unless identification can be made read-
ily by location.
56.12014 Handling energized power
cables. 56.12019 Access to stationary elec-
Power cables energized to potentials trical equipment or switchgear.
in excess of 150 volts, phase-to-ground, Where access is necessary, suitable
shall not be moved with equipment un- clearance shall be provided at sta-
less sleds or slings, insulated from such tionary electrical equipment or
equipment, are used. When such ener- switchgear.
gized cables are moved manually, insu-
lated hooks, tongs, ropes, or slings 56.12020 Protection of persons at
shall be used unless suitable protection switchgear.
for persons is provided by other means. Dry wooden platforms, insulating
This does not prohibit pulling or drag- mats, or other electrically nonconduc-
ging of cable by the equipment it pow- tive material shall be kept in place at
ers when the cable is physically at- all switchboards and power-control
tached to the equipment by suitable switches where shock hazards exist.
mechanical devices, and the cable is in- However, metal plates on which a per-
sulated from the equipment in con- son normally would stand and which
formance with other standards in this are kept at the same potential as the
part. grounded, metal, non-current-carrying
parts of the power switches to be oper-
56.12016 Work on electrically-pow- ated may be used.
ered equipment.
Electrically powered equipment shall 56.12021 Danger signs.
be deenergized before mechanical work Suitable danger signs shall be posted
is done on such equipment. Power at all major electrical installations.
switches shall be locked out or other
measures taken which shall prevent 56.12022 Authorized persons at major
the equipment from being energized electrical installations.
without the knowledge of the individ- Areas containing major electrical in-
uals working on it. Suitable warning stallations shall be entered only by au-
notices shall be posted at the power thorized persons.
switch and signed by the individuals
who are to do the work. Such locks or 56.12023 Guarding electrical connec-
tions and resistor grids.
preventive devices shall be removed

only by the persons who installed them Electrical connections and resistor
or by authorized personnel. grids that are difficult or impractical
316
to insulate shall be guarded, unless weather or wet conditions that may

protection is provided by location. interfere with illumination or create a
shock hazard.
56.12025 Grounding circuit enclo-
sures. 56.12036 Fuse removal or replace-
All metal enclosing or encasing elec- ment.
trical circuits shall be grounded or pro- Fuses shall not be removed or re-
vided with equivalent protection. This placed by hand in an energized circuit,
requirement does not apply to battery- and they shall not otherwise be re-
operated equipment. moved or replaced in an energized cir-
cuit unless equipment and techniques
56.12026 Grounding transformer and especially designed to prevent elec-
switchgear enclosures.
trical shock are provided and used for
Metal fencing and metal buildings such purpose.
enclosing transformers and switchgear
shall be grounded. 56.12037 Fuses in high-potential cir-
cuits.
56.12027 Grounding mobile equip- Fuse tongs or hot line tools shall be
ment.
used when fuses are removed or re-
Frame grounding or equivalent pro- placed in high-potential circuits.
tection shall be provided for mobile
equipment powered through trailing 56.12038 Attachment of trailing ca-
cables. bles.
Trailing cables shall be attached to
56.12028 Testing grounding systems.
machines in a suitable manner to pro-
Continuity and resistance of ground- tect the cable from damage and to pre-
ing systems shall be tested imme- vent strain on the electrical connec-
diately after installation, repair, and tions.
modification; and annually thereafter.
A record of the resistance measured 56.12039 Protection of surplus trail-
during the most recent tests shall be ing cables.
made available on a request by the Sec- Surplus trailing cables to shovels,
retary or his duly authorized rep- cranes and similar equipment shall
resentative. be
(a) Stored in cable boats;
56.12030 Correction of dangerous (b) Stored on reels mounted on the
conditions.
equipment; or
When a potentially dangerous condi- (c) Otherwise protected from me-
tion is found it shall be corrected be- chanical damage.
fore equipment or wiring is energized.
56.12040 Installation of operating
56.12032 Inspection and cover plates. controls.
Inspection and cover plates on elec- Operating controls shall be installed
trical equipment and junction boxes so that they can be operated without
shall be kept in place at all times ex- danger of contact with energized con-
cept during testing or repairs. ductors.
56.12033 Hand-held electric tools. 56.12041 Design of switches and
Hand-held electric tools shall not be starting boxes.
operated at high potential voltages. Switches and starting boxes shall be
of safe design and capacity.
56.12034 Guarding around lights.
Portable extension lights, and other 56.12042 Track bonding.
lights that by their location present a Both rails shall be bonded or welded
shock or burn hazard, shall be guarded. at every joint and rails shall be
crossbonded at least every 200 feet if
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,
317
56.12045 30 CFR Ch. I (7115 Edition)
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
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,
318
the lines shall be deenergized or other inspected by inspectors holding a valid

precautionary measures shall be taken. National Board Commission and in ac-
cordance with the applicable chapters
Subpart LCompressed Air and of the National Board Inspection Code,
Boilers a Manual for Boiler and Pressure Ves-
sel Inspectors, 1979. This code is incor-
56.13001 General requirements for porated by reference and made a part
boilers and pressure vessels. of this standard. It may be examined at
All boilers and pressure vessels shall any Metal and Nonmetal Mine Safety
be constructed, installed, and main- and Health District Office of the Mine
tained in accordance with the stand- Safety and Health Administration, and
ards and specifications of the American may be obtained from the publisher,
Society of Mechanical Engineers Boiler the National Board of Boiler and Pres-
and Pressure Vessel Code. sure Vessel Inspector, 1055 Crupper Av-
enue, Columbus, Ohio 43229.
56.13010 Reciprocating-type air com- (b) Records of inspections shall be
pressors. kept in accordance with requirements
(a) Reciprocating-type air compres- of the National Board Inspection Code,
sors rated over 10 horsepower shall be and the records shall be made available
equipped with automatic temperature- to the Secretary or his authorized rep-
actuated shutoff mechanisms which resentative.
shall be set or adjusted to the com-
pressor when the normal operating 56.13017 Compressor discharge
pipes.
temperature is exceeded by more than
25 percent. Compressor discharge pipes where
(b) However, this standard does not carbon build-up may occur shall be
apply to reciprocating-type air com- cleaned periodically as recommended
pressors rated over 10 horsepower if by the manufacturer, but no less fre-
equipped with fusible plugs that were quently than once every two years.
installed in the compressor discharge
lines before November 15, 1979, and de- 56.13019 Pressure system repairs.
signed to melt at temperatures at least Repairs involving the pressure sys-
50 degrees below the flash point of the tem of compressors, receivers, or com-
compressors lubricating oil. pressed-air-powered equipment shall
not be attempted until the pressure has
56.13011 Air receiver tanks. been bled off.
Air receiver tanks shall be equipped
with one or more automatic pressure- 56.13020 Use of compressed air.
relief valves. The total relieving capac- At no time shall compressed air be
ity of the relief valves shall prevent directed toward a person. When com-
pressure from exceeding the maximum pressed air is used, all necessary pre-
allowable working pressure in a re- cautions shall be taken to protect per-
ceiver tank by not more than 10 persons from injury.
cent. Air receiver tanks also shall be
equipped with indicating pressure 56.13021 High-pressure hose connec-
tions.
gauges which accurately measure the
pressure within the air receiver tanks. Except where automatic shutoff
valves are used, safety chains or other
56.13012 Compressor air intakes. suitable locking devices shall be used
Compressor air intakes shall be in- at connections to machines of high-
stalled to ensure that only clean, pressure hose lines of 34-inch inside di-
uncontaminated air enters the com- ameter or larger, and between high-
pressors. pressure hose lines of 34-inch inside di-
ameter or larger, where a connection
56.13015 Inspection of compressed- failure would create a hazard.
air receivers and other unfired
pressure vessels. 56.13030 Boilers.
(a) Compressed-air receivers and (a) Fired pressure vessels (boilers)

other unfired pressure vessels shall be shall be equipped with water level
319
56.14000 30 CFR Ch. I (7115 Edition)
gauges, pressure gauges, automatic D-R National Board R (Repair) Symbol

pressure-relief valves, blowdown pip- Stamp
ing, and other safety devices approved D-VR National Board VR (Repair of Safe-
by the American Society of Mechanical ty and Safety Relief Valve) Symbol Stamp
D-VR1 Certificate of Authorization for Re-
Engineers to protect against hazards
pair Symbol Stamp for Safety and Safety
from overpressure, flameouts, fuel Relief Valves
interruptions and low water level, all D-VR2 Outline of Basic Elements of Written
as required by the appropriate sections, Quality Control System for Repairers of
chapters and appendices listed in para- ASME Safety and Safety Relief Valves
graphs (b) (1) and (2) of this section. D-VR3 Nameplate Stamping for VR
(b) These gauges, devices and piping E Owner-user Inspection Agencies
shall be designed, installed, operated, F Inspection Forms
maintained, repaired, altered, in- (c) Records of inspections and repairs
spected, and tested by inspectors hold- shall be kept in accordance with the re-
ing a valid National Board Commission quirements of the ASME Boiler and
and in accordance with the following Pressure Vessel Code and the National
listed sections, chapters and appen- Board Inspection Code. The records
dices: shall be made available to the Sec-
(1) The ASME Boiler and Pressure retary or his authorized representative.
Vessel Code, 1977, Published by the
(d) Sections of the ASME Boiler and
American Society of Mechanical Engi-
Pressure Vessel Code, 1977, listed in
neers.
paragraph (b)(1) of this section, and
chapters and appendices of the Na-
SECTION AND TITLE
tional Board Inspection Code, 1979, list-
I Power Boilers. ed in paragraph (b)(2) of this section,
II Material SpecificationsPart AFer- are incorporated by reference and made
rous. a part of this standard. These publica-
II Material SpecificationsPart BNon-
ferrous. tions may be obtained from the pub-
II Material SpecificationsPart CWeld- lishers, the American Society of Me-
ing Rods, Electrodes, and Filler Metals. chanical Engineers, 22 Law Drive, P.O.
IV Heating Boilers Box 2900, Fairfield, New Jersey 07007,
V Nondestructive Examination Phone: 8008432763 (toll free); http://
VI Recommended Rules for Care and Oper- www.asme.org, and the National Board
ation of Heating Boilers of Boiler and Pressure Vessel Inspec-
VII Recommended Rules for Care of Power
Boilers
tors, 1055 Crupper Avenue, Columbus,
Ohio 43229. The publications may be ex-
(2) The National Board Inspection amined at any Metal and Nonmetal
Code, a Manual for Boiler and Pressure Mine Safety and Health District Office
Vessel Inspectors, 1979, published by of the Mine Safety and Health Admin-
the National Board of Boiler and Pres- istration.
sure Vessel Inspectors.
FR 16667, Apr. 3, 2006]
CHAPTER AND TITLE
I Glossary of Terms
II Inspection of Boilers and Pressure Ves-
Subpart MMachinery and
sels Equipment
III Repairs and Alterations to Boiler and
Pressure Vessels by Welding SOURCE: 53 FR 32521, Aug. 25, 1988, unless
IV Shop Inspection of Boilers and Pressure otherwise noted.
Vessels
V Inservice Inspection of Pressure Vessels
by Authorized Owner-User Inspection
Agencies The following definitions apply in
this subpart.
APPENDIX AND TITLE
Travelway. A passage, walk, or way
A Safety and Safety Relief Valves regularly used or designated for per-
B Non-ASME Code Boilers and Pressure sons to go from one place to another.
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]
320
SAFETY DEVICES AND MAINTENANCE by an authorized representative of the

REQUIREMENTS Secretary.
56.14100 Safety defects; examination, 56.14101 Brakes.

correction and records. (a) Minimum requirements. (1) Self-pro-
(a) Self-propelled mobile equipment pelled mobile equipment shall be
to be used during a shift shall be in- equipped with a service brake system
spected by the equipment operator be- capable of stopping and holding the
fore being placed in operation on that equipment with its typical load on the
shift. maximum grade it travels. This stand-
(b) Defects on any equipment, ma- ard does not apply to equipment which
chinery, and tools that affect safety is not originally equipped with brakes
shall be corrected in a timely manner unless the manner in which the equip-
to prevent the creation of a hazard to ment is being operated requires the use
of brakes for safe operation. This
persons.
standard does not apply to rail equip-
(c) When defects make continued op-
ment.
eration hazardous to persons, the de- (2) If equipped on self-propelled mo-
fective items including self-propelled bile equipment, parking brakes shall be
mobile equipment shall be taken out of capable of holding the equipment with
service and placed in a designated area its typical load on the maximum grade
posted for that purpose, or a tag or it travels.
other effective method of marking the (3) All braking systems installed on
defective items shall be used to pro- the equipment shall be maintained in
hibit further use until the defects are functional condition.
corrected. (b) Testing. (1) Service brake tests
(d) Defects on self-propelled mobile shall be conducted when an MSHA in-
equipment affecting safety, which are spector has reasonable cause to believe
not corrected immediately, shall be re- that the service brake system does not
ported to and recorded by the mine op- function as required, unless the mine
erator. The records shall be kept at the operator removes the equipment from
mine or nearest mine office from the service for the appropriate repair;
date the defects are recorded, until the (2) The performance of the service
defects are corrected. Such records brakes shall be evaluated according to
shall be made available for inspection Table M1.
TABLE M1
Equipment speed, MPH
Gross vehicle weight lbs.
10 11 12 13 14 15 16 17 18 19 20
Service Brake Maximum Stopping DistanceFeet
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.
TABLE M2THE SPEED OF A VEHICLE CAN BE DETERMINED BY CLOCKING IT THROUGH A 100-FOOT

MEASURED COURSE AT CONSTANT VELOCITY USING TABLE M2. WHEN THE SERVICE BRAKES ARE
APPLIED AT THE END OF THE COURSE, STOPPING DISTANCE CAN BE MEASURED AND COMPARED
TO TABLE M1.
Miles per hour 10 11 12 13 14 15 16 17 18 19 20

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
321
56.14102 30 CFR Ch. I (7115 Edition)
(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
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.
322
56.14104 Tire repairs. least seven feet away from walking or

(a) Before a tire is removed from a working surfaces.
vehicle for tire repair, the valve core 56.14108 Overhead drive belts.
shall be partially removed to allow for
gradual deflation and then removed. Overhead drive belts shall be guarded
During deflation, to the extent pos- to contain the whipping action of a
sible, persons shall stand outside of the broken belt if that action could be haz-
potential trajectory of the lock ring of ardous to persons.
a multi-piece wheel rim.
56.14109 Unguarded conveyors with
(b) To prevent injury from wheel adjacent travelways.
rims during tire inflation, one of the
following shall be used: Unguarded conveyors next to the
(1) A wheel cage or other restraining travelways shall be equipped with
device that will constrain all wheel rim (a) Emergency stop devices which are
components during an explosive sepa- located so that a person falling on or
ration of a multi-piece wheel rim, or against the conveyor can readily de-
during the sudden release of contained activate the conveyor drive motor; or
air in a single piece rim wheel; or (b) Railings which
(2) A stand-off inflation device which (1) Are positioned to prevent persons
permits persons to stand outside of the from falling on or against the con-
potential trajectory of wheel compo- veyor;
nents. (2) Will be able to withstand the vi-
bration, shock, and wear to which they
56.14105 Procedures during repairs will be subjected during normal oper-
or maintenance. ation; and
Repairs or maintenance of machinery (3) Are constructed and maintained
or equipment shall be performed only so that they will not create a hazard.
after the power is off, and the machin-
ery or equipment blocked against haz- 56.14110 Flying or falling materials.
ardous motion. Machinery or equip- In areas where flying or falling mate-
ment motion or activation is permitted rials generated from the operation of
to the extent that adjustments or test- screens, crushers, or conveyors present
ing cannot be performed without mo- a hazard, guards, shields, or other de-
tion or activation, provided that per- vices that provide protection against
sons are effectively protected from haz- such flying or falling materials shall be
ardous motion. provided to protect persons.
56.14106 Falling object protection. 56.14111 Slusher, backlash guards
(a) Fork-lift trucks, front-end load- and securing.
ers, and bulldozers shall be provided (a) When persons are exposed to
with falling object protective struc- slushing operations, the slushers shall
tures if used in an area where falling be equipped with rollers and drum cov-
objects could create a hazard to the ers and anchored securely before
equipment operator. slushing operations are started.
(b) The protective structure shall be (b) Slushers rated over 10 horsepower
capable of withstanding the falling ob- shall be equipped with backlash guards,
ject loads to which it would be sub- unless the equipment operator is other-
jected. wise protected.
(c) This standard does not apply to
56.14107 Moving machine parts. air tuggers of 10 horsepower or less
(a) Moving machine parts shall be that have only one cable and one drum.
guarded to protect persons from con-
tacting gears, sprockets, chains, drive, 56.14112 Construction and mainte-
head, tail, and takeup pulleys, nance of guards.
flywheels, couplings, shafts, fan blades, (a) Guards shall be constructed and
and similar moving parts that can maintained to
cause injury. (1) Withstand the vibration, shock,

(b) Guards shall not be required and wear to which they will be sub-
where the exposed moving parts are at jected during normal operation; and
323
56.14113 30 CFR Ch. I (7115 Edition)
(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-
(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.
324
(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
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
codeloflfederallregulations/ mobile equipment shall have
ibrllocations.html. Copies may be pur- (i) An automatic reverse-activated

chased from the Society of Automotive signal alarm;
325
56.14200 30 CFR Ch. I (7115 Edition)
(ii) A wheel-mounted bell alarm 56.14204 Machinery lubrication.

which sounds at least once for each
Machinery or equipment shall not be
three feet of reverse movement;
lubricated manually while it is in mo-
(iii) A discriminating backup alarm tion where application of the lubricant
that covers the area of obstructed may expose persons to injury.
view; or
(iv) An observer to signal when it is 56.14205 Machinery, equipment, and
safe to back up. tools.
(2) Alarms shall be audible above the Machinery, equipment, and tools
surrounding noise level. shall not be used beyond the design ca-
(3) An automatic reverse-activated pacity intended by the manufacturer
strobe light may be used at night in where such use may create a hazard to
lieu of an audible reverse alarm. persons.
(c) This standard does not apply to
rail equipment. 56.14206 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-
56.14200 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
56.14201 Conveyor start-up warnings. persons.
(a) When the entire length of a con- [53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov.
veyor is visible from the starting 4, 1988]
switch, the conveyor operator shall vis-
ually check to make certain that all 56.14207 Parking procedures for un-
persons are in the clear before starting attended equipment.
the conveyor. Mobile equipment shall not be left
(b) When the entire length of the con- unattended unless the controls are
veyor is not visible from the starting placed in the park position and the
switch, a system which provides visible parking brake, if provided, is set. When
or audible warning shall be installed parked on a grade, the wheels or tracks
and operated to warn persons that the of mobile equipment shall be either
conveyor will be started. Within 30 sec- chocked or turned into a bank.
onds after the warning is given, the
conveyor shall be started or a second 56.14208 Warning devices.
warning shall be given. (a) Visible warning devices shall be
used when parked mobile equipment
56.14202 Manual cleaning of con-
veyor pulleys. creates a hazard to persons in other
mobile equipment.
Pulleys of conveyors shall not be (b) Mobile equipment, other than
cleaned manually while the conveyor is forklifts, carrying loads that project
in motion. beyond the sides or more than four feet
beyond the rear of the equipment shall
56.14203 Application of belt dressing. have a warning flag at the end of the
Belt dressings shall not be applied projection. Under conditions of limited
manually while belts are in motion un- visibility these loads shall have a
less a pressurized-type applicator is warning light at the end of the projec-

used that allows the dressing to be ap- tion. Such flag or lights shall be at-
plied from outside the guards. tached to the end of the projection or
326
be carried by persons walking beside or load-locking device or a device which

behind the projection. prevents free and uncontrolled descent.
(e) Blocking or mechanical securing
56.14209 Safety procedures for tow- of the raised component is required
ing.
during repair or maintenance of ele-
(a) A properly sized tow bar or other vated mobile work platforms.
effective means of control shall be used
to tow mobile equipment. 56.14212 Chains, ropes, and drive
(b) Unless steering and braking are belts.
under the control of the equipment op- Chains, ropes, and drive belts shall be
erator on the towed equipment, a safe- guided mechanically onto moving pul-
ty chain or wire rope capable of with- leys, sprockets, or drums except where
standing the loads to which it could be equipment is designed specifically for
subjected shall be used in conjunction hand feeding.
with any primary rigging.
(c) This provision does not apply to 56.14213 Ventilation and shielding
rail equipment. for welding.
56.14210 Movement of dippers, buck- (a) Welding operations shall be

ets, loading booms, or suspended shielded when performed at locations
loads. where arc flash could be hazardous to
(a) Dippers, buckets, loading booms, persons.
or suspended loads shall not be swung (b) All welding operations shall be
over the operators stations of self-pro- well-ventilated.
pelled mobile equipment until the
equipment operator is out of the opera- 56.14214 Train warnings.
tors station and in a safe location. A warning that is audible above the
(b) This section does not apply when surrounding noise level shall be sound-
the equipment is specifically designed ed
to protect the equipment operator from (a) Immediately prior to moving
falling objects. trains;
(b) When trains approach persons,
56.14211 Blocking equipment in a crossings, other trains on adjacent
raised position.
tracks; and
(a) Persons shall not work on top of, (c) Any place where the train opera-
under, or work from mobile equipment tors vision is obscured.
in a raised position until the equip-
ment has been blocked or mechanically 56.14215 Coupling or uncoupling
secured to prevent it from rolling or cars.
falling accidentally.
Prior to coupling or uncoupling cars
(b) Persons shall not work on top of, manually, trains shall be brought to a
under, or work from a raised compo-
complete stop, and then moved at min-
nent of mobile equipment until the
imum tram speed until the coupling or
component has been blocked or me-
uncoupling activity is completed. Cou-
chanically secured to prevent acci-
dental lowering. The equipment must pling or uncoupling shall not be at-
also be blocked or secured to prevent tempted from the inside of curves un-
rolling. less the railroad and cars are designed
(c) A raised component must be se- to eliminate hazards to persons.
cured to prevent accidental lowering
56.14216 Backpoling.
when persons are working on or around
mobile equipment and are exposed to Backpoling of trolleys is prohibited
the hazard of accidental lowering of except where there is inadequate clear-
the component. ance to reverse the trolley pole. Where
(d) Under this section, a raised com- backpoling is required, it shall be done
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
327
56.14217 30 CFR Ch. I (7115 Edition)
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.
Life jackets or belts shall be worn

All persons shall wear suitable hard where there is danger from falling into
hats when in or around a mine or plant water.
328
Subpart OMaterials Storage and 56.16004 Containers for hazardous

Handling materials.
Containers holding hazardous mate-
56.16001 Stacking and storage of ma- rials must be of a type approved for
terials. such use by recognized agencies.
Supplies shall not be stacked or [67 FR 42389, June 21, 2002]
stored in a manner which creates trip-
ping or fall-of-material hazards. 56.16005 Securing gas cylinders.
56.16002 Bins, hoppers, silos, tanks, Compressed and liquid gas cylinders
and surge piles. shall be secured in a safe manner.
(a) Bins, hoppers, silos, tanks, and 56.16006 Protection of gas cylinder
surge piles, where loose unconsolidated valves.
materials are stored, handled or trans-
Valves on compressed gas cylinders
ferred shall be
shall be protected by covers when being
(1) Equipped with mechanical devices transported or stored, and by a safe lo-
or other effective means of handling cation when the cylinders are in use.
materials so that during normal oper-
ations persons are not required to 56.16007 Taglines, hitches, and slings.
enter or work where they are exposed
(a) Taglines shall be attached to
to entrapment by the caving or sliding
loads that may require steadying or
of materials; and
guidance while suspended.
(2) Equipped with supply and dis-
(b) Hitches and slings used to hoist
charge operating controls. The controls materials shall be suitable for the par-
shall be located so that spills or over- ticular material handled.
runs will not endanger persons.
(b) Where persons are required to 56.16009 Suspended loads.
move around or over any facility listed
Persons shall stay clear of suspended
in this standard, suitable walkways or
loads.
passageways shall be provided.
(c) Where persons are required to 56.16010 Dropping materials from
enter any facility listed in this stand- overhead.
ard for maintenance or inspection pur- To protect personnel, material shall
poses, ladders, platforms, or staging not be dropped from an overhead ele-
shall be provided. No person shall enter vation until the drop area is first
the facility until the supply and dis- cleared of personnel and the area is
charge of materials have ceased and then either guarded or a suitable warn-
the supply and discharge equipment is ing is given.
locked out. Persons entering the facil-
ity shall wear a safety belt or harness 56.16011 Riding hoisted loads or on
equipped with a lifeline suitably fas- the hoist hook.
tened. A second person, similarly Persons shall not ride on loads being
equipped, shall be stationed near where moved by cranes or derricks, nor shall
the lifeline is fastened and shall con- they ride the hoisting hooks unless
stantly adjust it or keep it tight as such method eliminates a greater haz-
needed, with minimum slack. ard.
56.16003 Storage of hazardous mate- 56.16012 Storage of incompatible sub-
rials. stances.
Materials that can create hazards if Chemical substances, including con-
accidentally liberated from their concentrated acids and alkalies, shall be
tainers shall be stored in a manner stored to prevent inadvertent contact
that minimizes the dangers. with each other or with other sub-
stances, where such contact could

cause a violent reaction or the libera-
tion of harmful fumes or gases.
329
56.16013 30 CFR Ch. I (7115 Edition)
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.
56.16016 Lift trucks. 56.18009 Designation of person in

charge.
Fork and other similar types of lift
trucks shall be operated with the When persons are working at the
(a) Upright tilted back to steady and mine, a competent person designated
secure the load; by the mine operator shall be in at-
(b) Load in the upgrade position tendance to take charge in case of an
when ascending or descending grades in emergency.
excess of 10 percent;
56.18010 First aid.
(c) Load not raised or lowered
enroute except for minor adjustments; An individual capable of providing
and first aid shall be available on all shifts.
(d) Load-engaging device downgrade The individual shall be currently
when traveling unloaded on all grades. trained and have the skills to perform
patient assessment and artificial res-
Subpart PIllumination piration; control bleeding; and treat
shock, wounds, burns, and musculo-
56.17001 Illumination of surface skeletal injuries. First aid training
working areas. shall be made available to all inter-
Illumination sufficient to provide ested miners.
safe working conditions shall be pro- [61 FR 50436, Sept. 26, 1996]
vided in and on all surface structures,
paths, walkways, stairways, switch 56.18012 Emergency telephone num-
panels, loading and dumping sites, and bers.
work areas. Emergency telephone numbers shall
be posted at appropriate telephones.
Subpart QSafety Programs
56.18013 Emergency communications
56.18002 Examination of working system.
places. A suitable communication system
(a) A competent person designated by shall be provided at the mine to obtain

the operator shall examine each work- assistance in the event of an emer-
ing place at least once each shift for gency.
330
56.18014 Emergency medical assist- fully loaded cage, skip, or bucket at

ance and transportation. any point in the shaft.
Arrangements shall be made in ad-
56.19005 Locking mechanism for
vance for obtaining emergency medical clutch.
assistance and transportation for in-
jured persons. The operating mechanism of the
clutch of every man-hoist drum shall
56.18020 Working alone. be provided with a locking mechanism,
No employee shall be assigned, or al- or interlocked electrically or mechani-
lowed, or be required to perform work cally with the brake to prevent acci-
alone in any area where hazardous con- dental withdrawal of the clutch.
ditions exist that would endanger his
safety unless he can communicate with 56.19006 Automatic hoist braking de-
vices.
others, can be heard, or can be seen.
Automatic hoists shall be provided
Subpart RPersonnel Hoisting with devices that automatically apply
the brakes in the event of power fail-
56.19000 Application. ure.
(a) The hoisting standards in this
56.19007 Overtravel and overspeed
subpart apply to those hoists and ap- devices.
purtenances used for hoising persons.
However, where persons may be endan- All man hoists shall be provided with
gered by hoists and appurtenances used devices to prevent overtravel. When
solely for handling ore, rock, and mate- utilized in shafts exceeding 100 feet in
rials, the appropriate standards should depth, such hoists shall also be pro-
be applied. vided with overspeed devices.
(b) Standards 56.19021 through 56.19028
apply to wire ropes in service used to 56.19008 Friction hoist synchronizing
hoist persons with an incline hoist on mechanisms.
the surface. Where creep or slip may alter the ef-
(c) Emergency hoisting facilities fective position of safety devices, fric-
should conform to the extent possible tion hoists shall be equipped with syn-
to safety requirements for other hoists, chronizing mechanisms that recali-
and should be adequate to remove the brate the overtravel devices and posi-
persons from the mine with a minimum tion indicators.
of delay.
56.19009 Position indicator.
HOISTS
An accurate and reliable indicator of
56.19001 Rated capacities. the position of the cage, skip, bucket,
or cars in the shaft shall be provided.
Hoists shall have rated capacities
consistent with the loads handled and 56.19010 Location of hoist controls.
the recommended safety factors of the
ropes used. Hoist controls shall be placed or
housed so that the noise from machin-
56.19002 Anchoring. ery or other sources will not prevent
hoistmen from hearing signals.
Hoists shall be anchored securely.
56.19003 Driving mechanism connec- 56.19011 Drum flanges.

tions. Flanges on drums shall extend radi-
Belt, rope, or chains shall not be used ally a minimum of 4 inches or three
to connect driving mechanisms to man rope diameters beyond the last wrap,
hoists. whichever is the lesser.
56.19004 Brakes. 56.19012 Grooved drums.

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.
331
56.19013 30 CFR Ch. I (7115 Edition)
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
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.
332
(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.
(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.
333
56.19030 30 CFR Ch. I (7115 Edition)
56.19030 Safety device attachments. (b) Have overhead protection when

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
HEADFRAMES AND SHEAVES supported by a bail attached to its
lower half.
56.19035 Headframe design.
All headframes shall be constructed
with suitable design considerations to Where rope guides are used in shafts
allow for all dead loads, live loads, and other than in shaft sinking operations,
wind loads. the rope guides shall be a type of lock
coil construction.
56.19036 Headframe height.
HOISTING PROCEDURES
Headframes shall be high enough to
provide clearance for overtravel and 56.19055 Availability of hoist oper-
safe stopping of the conveyance. ator for manual hoists.
When a manually operated hoist is
56.19037 Fleet angles.
used, a qualified hoistman shall remain
Fleet angles on hoists installed after within hearing of the telephone or sig-
November 15, 1979, shall not be greater nal device at all times while any per-
than one and one-half degrees for son is underground.
smooth drums or two degrees for
grooved drums. 56.19056 Availability of hoist oper-
ator for automatic hoists.
56.19038 Platforms around elevated When automatic hoisting is used, a
head sheaves.
competent operator of the hoist shall
Platforms with toeboards and hand- be readily available at or near the
rails shall be provided around elevated hoisting device while any person is un-
head sheaves. derground.
CONVEYANCES 56.19057 Hoist operators physical fit-
ness.
56.19045 Metal bonnets.
No person shall operate a hoist un-
Man cages and skips used for hoisting less within the preceding 12 months he
or lowering employees or other persons has had a medical examination by a
in any vertical shaft or any incline- qualified, licensed physician who shall
shaft with an angle of inclination of certify his fitness to perform this duty.
forty-five degrees from the horizontal, Such certification shall be available at
shall be covered with a metal bonnet. the mine.
56.19049 Hoisting persons in buckets. 56.19058 Experienced hoist opera-
Buckets shall not be used to hoist tors.
persons except during shaft sinking op- Only experienced hoistmen shall op-
erations, inspection, maintenance, and erate the hoist except in cases of emer-
repairs. gency and in the training of new
hoistmen.
56.19050 Bucket requirements.
Buckets used to hoist persons during 56.19061 Maximum hoisting speeds.
vertical shaft sinking operations The safe speed for hoisting persons
shall shall be determined for each shaft, and
(a) Be securely attached to a cross- this speed shall not be exceeded. Per-
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.
334
56.19062 Maximum acceleration and 56.19072 Skips and cages in same

deceleration. compartment.
Maximum normal operating accelera- When combinations of cages and
tion and deceleration shall not exceed 6 skips are used in the same compart-
feet per second per second. During ment, the cages shall be enclosed to
emergency braking, the deceleration protect personnel from flying material
shall not exceed 16 feet per second per and the hoist speed reduced to man-
second. speed as defined in standard 56.19061,
but not to exceed 1,000 feet per minute.
56.19063 Persons allowed in hoist Muck shall not be hoisted with per-
room. sonnel during shift changes.
Only authorized persons shall be in
hoist rooms. 56.19073 Hoisting during shift
changes.
56.19065 Lowering conveyances by Rock or supplies shall not be hoisted
the brakes. in the same shaft as persons during
Conveyances shall not be lowered by shift changes, unless the compartments
the brakes alone except during emer- and dumping bins are partitioned to
gencies. prevent spillage into the cage compart-
ment.
56.19066 Maximum riders in a con-
veyance. 56.19074 Riding the bail, rim, bonnet,
In shafts inclined over 45 degrees, the or crosshead.
operator shall determine and post in Persons shall not ride the bail, rim,
the conveyance or at each shaft station bonnet, or crosshead of any shaft con-
the maximum number of persons per- veyance except when necessary for in-
mitted to ride in a hoisting conveyance spection and maintenance, and then
at any one time. Each person shall be only when suitable protection for per-
provided a minimum of 1.5 square feet sons is provided.
of floor space.
56.19075 Use of open hooks.
56.19067 Trips during shift changes. Open hooks shall not be used to hoist
During shift changes, an authorized buckets or other conveyances.
person shall be in charge of each trip in
which persons are hoisted. 56.19076 Maximum speeds for hoist-
ing persons in buckets.
56.19068 Orderly conduct in convey- When persons are hoisted in buckets,
ances. speeds shall not exceed 500 feet per
Persons shall enter, ride, and leave minute and shall not exceed 200 feet
conveyances in an orderly manner. per minute when within 100 feet of the
intended station.
56.19069 Entering and leaving con-
veyances. 56.19077 Lowering buckets.
Persons shall not enter or leave con- Buckets shall be stopped about 15
veyances which are in motion or after feet from the shaft bottom to await a
a signal to move the conveyance has signal from one of the crew on the bot-
been given to the hoistman. tom for further lowering.
56.19070 Closing cage doors or gates. 56.19078 Hoisting buckets from the
Cage doors or gates shall be closed shaft bottom.
while persons are being hoisted; they All buckets shall be stopped after
shall not be opened until the cage has being raised about 3 feet above the
come to a stop. shaft bottom. A bucket shall be sta-
bilized before a hoisting signal is given
56.19071 Riding in skips or buckets. to continue hoisting the bucket to the
Persons shall not ride in skips or crosshead. After a hoisting signal is
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
335
56.19079 30 CFR Ch. I (7115 Edition)
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.
56.19079 Blocking mine cars. A method shall be provided to signal

the hoist operator from cages or other
Where mine cars are hoisted by cage conveyances at any point in the shaft.
or skip, means for blocking cars shall
be provided at all landings and also on 56.19093 Standard signal code.
the cage.
A standard code of hoisting signals
56.19080 Hoisting tools, timbers, and shall be adopted and used at each mine.
other materials. The movement of a shaft conveyance
When tools, timbers, or other mate- on a one bell signal is prohibited.
rials are being lowered or raised in a
shaft by means of a bucket, skip, or 56.19094 Posting signal code.
cage, they shall be secured or so placed A legible signal code shall be posted
that they will not strike the sides of prominently in the hoist house within
the shaft. easy view of the hoistman, and at each
place where signals are given or re-
56.19081 Conveyances not in use.
ceived.
When conveyances controlled by a
hoist operator are not in use, they 56.19095 Location of signal devices.
shall be released and the conveyances
Hoisting signal devices shall be posi-
shall be raised or lowered a suitable
tioned within easy reach of persons on
distance to prevent persons from
boarding or loading the conveyances. the shaft bottom or constantly at-
tended by a person stationed on the
56.19083 Overtravel backout device. lower deck of the sinking platform.
A manually operated device shall be
56.19096 Familiarity with signal
installed on each electric hoist that code.
will allow the conveyance or counter-
balance to be removed from an over- Any person responsible for receiving
travel position. Such device shall not or giving signals for cages, skips, and
release the brake, or brakes, holding mantrips when persons or materials
the overtravelled conveyance or coun- are being transported shall be familiar
terbalance until sufficient drive motor with the posted signaling code.
torque has been developed to assure
movement of the conveyance or coun- SHAFTS
terbalance in the correct direction
only. 56.19100 Shaft landing gates.
Shaft landings shall be equipped with
SIGNALING substantial safety gates so constructed
56.19090 Dual signaling systems. that materials will not go through or
under them; gates shall be closed ex-
There shall be at least two effective
cept when loading or unloading shaft
approved methods of signaling between
conveyances.
each of the shaft stations and the hoist
room, one of which shall be a telephone 56.19101 Stopblocks and derail
or speaking tube. switches.
56.19091 Signaling instructions to Positive stopblocks or a derail switch
hoist operator. shall be installed on all tracks leading
Hoist operators shall accept hoisting to a shaft collar or landing.
instructions only by the regular sig-
naling system unless it is out of order. 56.19102 Shaft guides.
In such an event, and during other A means shall be provided to guide

emergencies, the hoist operator shall the movement of a shaft conveyance.
accept instructions to direct movement
336
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.
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.
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-
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;
337
56.19131 30 CFR Ch. I (7115 Edition)
(b) Any oversize or overweight mate- Subpart SMiscellaneous

rial or equipment trips that might re-
strict or obstruct conveyance clear- 56.20001 Intoxicating beverages and
ance; narcotics.
(c) Blasting in or near the shaft that Intoxicating beverages and narcotics
might restrict or obstruct conveyance shall not be permitted or used in or
clearance; or around mines. Persons under the influ-
(d) Remaining idle for one shift or ence of alcohol or narcotics shall not
longer. be permitted on the job.
56.19131 Hoist conveyance connec- 56.20002 Potable water.

tions. (a) An adequate supply of potable
drinking water shall be provided at all
Hoist conveyance connections shall
active working areas.
be inspected at least once during any (b) The common drinking cup and
24-hour period that the conveyance is containers from which drinking water
used for hoisting persons. must be dipped or poured are prohib-
ited.
56.19132 Safety catches. (c) Where single service cups are sup-
(a) A performance drop test of hoist plied, a sanitary container for unused
conveyance safety catches shall be cups and a receptable for used cups
made at the time of installation, or shall be provided.
prior to installation, in a mockup of (d) When water is cooled by ice, the
the actual installation. The test shall ice shall either be of potable water or
be certified to in writing by the manu- shall not come in contact with the
facturer or by a registered professional water.
engineer performing the test. (e) Potable water outlets shall be
posted.
(b) After installation and before use,
(f) Potable water systems shall be
and at the beginning of any seven day constructed to prevent backflow or
period during which the conveyance is backsiphonage of non-potable water.
to be used, the conveyance shall be
suitably rested and the hoist rope 56.20003 Housekeeping.
slackened to test for the unrestricted At all mining operations
functioning of the safety catches and (a) Workplaces, passageways, store-
their activating mechanisms. rooms, and service rooms shall be kept
(c) The safety catches shall be in- clean and orderly;
spected by a competent person at the (b) The floor of every workplace shall
beginning of any 24-hour period that be maintained in a clean and, so far as
the conveyance is to be used. possible, dry condition. Where wet
processes are used, drainage shall be
56.19133 Shaft. maintained, and false floors, platforms,
Shafts that have not been inspected mats, or other dry standing places
shall be provided where practicable;
within the past 7 days shall not be used
and
until an inspection has been conducted
(c) Every floor, working place, and
by a competent person. passageway shall be kept free from pro-
56.19134 Sheaves. truding nails, splinters, holes, or loose
boards, as practicable.
Sheaves in operating shafts shall be
inspected weekly and kept properly lu- 56.20005 Carbon tetrachloride.
bricated. Carbon tetrachloride shall not be
used.
56.19135 Rollers in inclined shafts.
Rollers used in operating inclined 56.20008 Toilet facilities.
shafts shall be lubricated, properly (a) Toilet facilities shall be provided
aligned, and kept in good repair. at locations that are compatible with
the mine operations and that are read-
ily accessible to mine personnel.
338
(b) The facilities shall be kept clean Subpart BGround Control

and sanitary. Separate toilet facilities
shall be provided for each sex except
where toilet rooms will be occupied by SCALING AND SUPPORTSURFACE AND
no more than one person at a time and UNDERGROUND
can be locked from the inside.
57.3200 Correction of hazardous conditions.
57.3201 Location for performing scaling.
56.20009 Tests for explosive dusts.
57.3202 Scaling tools.
Dusts suspected of being explosive 57.3203 Rock fixtures.
shall be tested for explosibility. If tests
prove positive, appropriate control SCALING AND SUPPORTUNDERGROUND ONLY
measures shall be taken. 57.3360 Ground support use.
56.20010 Retaining dams. PRECAUTIONSSURFACE AND UNDERGROUND
If failure of a water or silt retaining 57.3400 Secondary breakage.

dam will create a hazard, it shall be of 57.3401 Examination of ground conditions.
substantial construction and inspected PRECAUTIONSSURFACE ONLY
at regular intervals.
57.3430 Activity between machinery or
56.20011 Barricades and warning equipment and the highwall or bank.
signs. PRECAUTIONSUNDERGROUND ONLY
Areas where health or safety hazards 57.3460 Maintenance between machinery or
exist that are not immediately obvious equipment and ribs.
to employees shall be barricaded, or 57.3461 Rock bursts.
warning signs shall be posted at all ap-
proaches. Warning signs shall be read- Subpart CFire Prevention and Control
ily visible, legible, and display the na-
ture of the hazard and any protective 57.4000 Definitions.
57.4011 Abandoned electric circuits.
action required.
57.4057 Underground trailing cables.
56.20013 Waste receptacles. PROHIBITIONS/PRECAUTIONS/HOUSEKEEPING
Receptacles with covers shall be pro- 57.4100 Smoking and use of open flames.
vided at suitable locations and used for 57.4101 Warning signs.
the disposal of waste food and associ- 57.4102 Spillage and leakage.
ated materials. They shall be emptied 57.4103 Fueling internal combustion en-
frequently and shall be maintained in a gines.
clean and sanitary condition. 57.4104 Combustible waste.
57.4130 Surface electric substations and liq-
56.20014 Prohibited areas for food uid storage facilities.
and beverages. 57.4131 Surface fan installations and mine
openings.
No person shall be allowed to con- 57.4160 Underground electric substations
sume or store food or beverages in a and liquid storage facilities.
toilet room or in any area exposed to a 57.4161 Use of fire underground.
toxic material.
FIREFIGHTING EQUIPMENT
PART 57SAFETY AND HEALTH 57.4200 General requirements.

STANDARDSUNDERGROUND 57.4201 Inspection.
57.4202 Fire hydrants.
METAL AND NONMETAL MINES 57.4203 Extinguisher recharging or replace-
ment.
Subpart AGeneral 57.4230 Surface self-propelled equipment.
57.4260 Underground self-propelled equip-
Sec. ment.
57.1 Purpose and scope. 57.4261 Shaft-station waterlines.
57.2 Definitions. 57.4262 Underground transformer stations,
combustible liquid storage and dis-
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.
339
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-
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.
57.4760 Shaft mines. STORAGEUNDERGROUND ONLY

57.4761 Underground shops. 57.6160 Main facilities.
APPENDIX I TO SUBPART C J OF PART 57NA- 57.6161 Auxiliary facilities.
TIONAL CONSENSUS STANDARDS
TRANSPORTATIONSURFACE AND
Subpart DAir Quality, Radiation, Physical UNDERGROUND
Agents, and Diesel Particulate Matter 57.6200 Delivery to storage or blast site
areas.
AIR QUALITYSURFACE AND UNDERGROUND
57.6201 Separation of transported explosive

57.5001 Exposure limits for airborne con- material.
taminants. 57.6202 Vehicles.
340
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.
57.6304 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.
ELECTRIC BLASTINGSURFACE AND
57.7011 Straightening crossed cables.
UNDERGROUND
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.
57.7051 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
57.6900 Damaged or deteriorated explosive doors.

material. 57.8534 Shutdown or failure of auxiliary
57.6901 Black powder. fans.
341
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.
57.10002 Inspection and maintenance. 57.12002 Controls and switches.

57.10003 Correction of defects. 57.12003 Trailing cable overload protection.
57.10004 Brakes. 57.12004 Electrical conductors.
342
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-
ground.
UNDERGROUND ONLY
57.14161 Makeshift couplings.
57.12080 Bare conductor guards. 57.14162 Trip lights.
343
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 M J OF PART 57NA- tem.
TIONAL CONSENSUS 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-
57.16003 Storage of hazardous materials. tion.

57.16004 Containers for hazardous materials. 57.19017 Emergency braking for electric
57.16005 Securing gas cylinders. hoists.
344
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.
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
SIGNALING GENERAL
57.19090 Dual signaling systems. 57.22001 Scope.
345
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).
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).
346
57.22602 Blasting from the surface (I-C plosives published by the Institute of
mines). Makers of Explosives.
57.22603 Blasting from the surface (II-A Approved means tested and accepted
mines).
for a specific purpose by a nationally
57.22604 Blasting from the surface (II-B
mines).
recognized agency.
57.22605 Blasting from the surface (V-A Attended means presence of an indi-
mines). vidual or continuous monitoring to
57.22606 Explosive materials and blasting prevent unauthorized entry or access.
units (III mines). In addition, areas containing explosive
57.22607 Blasting on shift (III mines). material at underground areas of a
57.22608 Secondary blasting (I-A, II-A, and mine can be considered attended when
V-A mines). all access to the underground areas of
APPENDIX I TO SUBPART T J OF PART 57 the mine is secured from unauthorized
STANDARD APPLICABILITY BY CATEGORY entry. Vertical shafts shall be consid-
OR SUBCATEGORY
ered secure. Inclined shafts or adits
AUTHORITY: 30 U.S.C. 811. shall be considered secure when locked
SOURCE: 50 FR 4082, Jan. 29, 1985, unless
at the surface.
otherwise noted. Authorized person means a person ap-
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
57.1 Purpose and scope. or locations in the mine.
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
Table of Distances for Storage of Ex- meters) in all directions from loaded
347
holes. A minimum distance of 30 feet Capped primer means a package or

(9.1 meters) may replace the 50-foot cartridge of explosives which is specifi-
(15.2-meter) requirement if the perim- cally designed to transmit detonation
eter of loaded holes is demarcated with to other explosives and which contains
a barrier. The 50-foot (15.2-meter) and a detonator.
alternative 30-foot (9.1-meter) require- Circuit breaker means a device de-
ments also apply in all directions along signed to open and close a circuit by
the full depth of the hole. In under- nonautomatic means and to open the
ground mines, at least 15 feet (4.6 me- circuit automatically on a predeter-
ters) of solid rib, pillar, or broken rock mined overcurrent setting without in-
can be substituted for the 50-foot (15.2- jury to itself when properly applied
meter) distance. In underground mines within its rating.
utilizing a block-caving system or Combustible means capable of being
similar system, at least 6 feet (1.8 me- ignited and consumed by fire.
ters) of solid rib or pillar, including Combustible material means a material
concrete reinforcement of at least 10 that, in the form in which it is used
inches (254 millimeters), with overall and under the conditions anticipated,
dimensions of not less than 6 feet (1.8 will ignite, burn, support combustion
meters) may be substituted for the 50- or release flammable vapors when sub-
foot (15.2-meter) distance requirement. jected to fire or heat. Wood, paper, rub-
Blasting agent means any substance ber, and plastics are examples of com-
classified as a blasting agent by the bustible materials.
Department of Transportation in 49
Company official means a member of
CFR 173.114(a) (44 FR 31182, May 31,
the company supervisory or technical
1979) which is incorporated by ref-
staff.
erence. This document is available for
inspection at each Metal and Nonmetal Competent person means a person hav-
Mine Safety and Health District Office ing abilities and experience that fully
of the Mine Safety and Health Admin- qualify him to perform the duty to
istration, and may be obtained from which he is assigned.
the U.S. Government Printing Office, Conductor means a material, usually
Washington, DC 20402. in the form of a wire, cable, or bus bar,
Blasting area means the area near capable of carrying an electric current.
blasting operations in which concus- Delay connector means a nonelectric
sion or flying material can reasonably short interval delay device for use in
be expected to cause injury. delaying blasts which are initiated by
Blasting cap means a detonator which detonating cord.
is initiated by a safety fuse. Detonating cord means a flexible cord
Blasting circuit means the electrical containing a solid core of high explo-
circuit used to fire one or more electric sives.
blasting caps. Detonator means any device con-
Blasting switch means a switch used taining a detonating charge that is
to connect a power source to a blasting used to initiate an explosive and in-
circuit. cludes but is not limited to blasting
Blowout means a sudden, violent, re- caps, electric blasting caps and non-
lease of gas or liquid due to the res- electric instantaneous or delay blast-
ervoir pressure in a petroleum mine. ing caps.
Booster means any unit of explosive Distribution box means a portable ap-
or blasting agent used for the purpose paratus with an enclosure through
of perpetuating or intensifying an ini- which an electric circuit is carried to
tial detonation. one or more cables from a single in-
Booster fan means a fan installed in coming feed line; each cable circuit
the main airstream or a split of the being connected through individual
main airstream to increase airflow overcurrent protective devices.
through a section or sections of a mine. Electric blasting cap means a deto-
Capped fuse means a length of safety nator designed for and capable of being
fuse to which a blasting cap has been initiated by means of an electric cur-
attached. rent.
348
Electrical grounding means to connect quence of beds, or the same ore-bearing

with the ground to make the earth part geological formation.
of the circuit. Highway means any public street,
Employee means a person who works public alley or public road.
for wages or salary in the service of an High potential means more than 650
employer. volts.
Employer means a person or organiza- Hoist means a power driven windlass
tion which hires one or more persons to or drum used for raising ore, rock, or
work for wages or salary. other material from a mine, and for
Emulsion means an explosive material lowering or raising persons and mate-
containing substantial amounts of rial.
oxidizers dissolved in water droplets, Igniter cord means a fuse, cordlike in
surrounded by an immiscible fuel. appearance, which burns progressively
Escapeway means a passageway by along its length with an external flame
which persons may leave a mine. at the zone of burning, and is used for
Explosive means any substance classi- lighting a series of safety fuses in the
fied as an explosive by the Department desired sequence.
of Transportation in 49 CFR 173.53, Insulated means separated from other
173.88 and 173.100 which are incor- conducting surfaces by a dielectric sub-
porated by reference. Title 49 CFR is stance permanently offering a high re-
available for inspection at each Metal sistance to the passage of current and
and Nonmetal Mine Safety and Health to disruptive discharge through the
District Office of the Mine Safety and substance. When any substance is said
Health Administration, and may be ob- to be insulated, it is understood to be
tained from the U.S. Government insulated in a manner suitable for the
Printing Office, Washington, DC 20402. conditions to which it is subjected.
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
349
for inspection at the Office of the Fed- steel are examples of noncombustible
eral Register, 800 North Capitol Street, materials.
NW., 7th Floor, suite 700, Washington, Non-electric delay blasting cap means a
DC. detonator with an integral delay ele-
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.
350
Rock burst means a sudden and vio- Substantial construction means con-
lent failure of overstressed rock result- struction of such strength, material,
ing in the instantaneous release of and workmanship that the object will
large amounts of accumulated energy. withstand all reasonable shock, wear,
Rock burst does not include a burst re- and usage to which it will be subjected.
sulting from pressurized mine gases. Suitable means that which fits, and
Rock fixture means any tensioned or has the qualities or qualifications to
nontensioned device or material in- meet a given purpose, occasion, condi-
serted into the ground to strengthen or tion, function, or circumstance.
support the ground. Travelway means a passage, walk or
Roll protection means a framework, way regularly used and designated for
safety canopy or similar protection for persons to go from one place to an-
the operator when equipment over- other.
turns. Water gel or Slurry (as applied to
Safety can means an approved con- blasting) means an explosive or blast-
tainer, of not over 5 gallons capacity, ing agent containing substantial por-
having a spring-closing lid and spout tions of water.
cover. Wet drilling means the continuous ap-
Safety fuse means a flexible cord con- plication of water through the central
taining an internal burning medium by hole of hollow drill steel to the bottom
which fire is conveyed at a continuous of the drill hole.
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-
ing in the event the primary connec- Working place means any place in or
tion fails. about a mine where work is being per-
Shaft means a vertical or inclined formed.
shaft, a slope, incline, or winze. [69 FR 38840, June 29, 2004]
Short circuit means an abnormal con-
nection of relatively low resistance, PROCEDURES
whether made accidentally or inten-
tionally, between two points of dif- 57.1000 Notification of commence-
ference potential in a circuit. ment of operations and closing of
mines.
Slurry (as applied to blasting). See
Water gel. The owner, operator, or person in
Storage facility means the entire class charge of any metal and nonmetal
of structures used to store explosive mine shall notify the nearest MSHA
materials. A storage facility used to Metal and Nonmental Mine Safety and
store blasting agents corresponds to a Health district office before starting
BATF Type 4 or 5 storage facility. operations, of the approximate or ac-
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
351
57.3000 30 CFR Ch. I (7115 Edition)
as provided above and indicate whether and Accessories, the mine operator
the closure is temporary or permanent. shall
(1) Obtain a manufacturers certifi-
[51 FR 36198, Oct. 8, 1986, as amended at 60 FR
33723, June 29, 1995; 60 FR 35695, July 11, 1995; cation that the material was manufac-
71 FR 16667, Apr. 3, 2006] tured and tested in accordance with
the specifications of ASTM F43295;
and
Subpart BGround Control (2) Make this certification available
to an authorized representative of the
AUTHORITY: 30 U.S.C. 811. Secretary and to the representative of
SOURCE: 51 FR 36198, Oct. 8, 1986, unless miners.
otherwise noted. (b) Fixtures and accessories not ad-
dressed in ASTM F43295 may be used
57.3000 Definitions. for ground support provided they
The following definitions apply in (1) Have been successful in sup-
this subpart. porting the ground in an area with
Travelway. A passage, walk, or similar strata, opening dimensions and
haulageway regularly used or des- ground stresses in any mine; or
ignated for persons to go from one (2) Have been tested and shown to be
place to another. effective in supporting ground in an
area of the affected mine which has
[51 FR 36198, Oct. 8, 1986, as amended at 69 FR similar strata, opening dimensions, and
38842, June 29, 2004] ground stresses as the area where the
fixtures are expected to be used. Dur-
SCALING AND SUPPORTSURFACE AND
ing the test process, access to the test
UNDERGROUND
area shall be limited to persons nec-
57.3200 Correction of hazardous con- essary to conduct the test.
ditions. (c) Bearing plates shall be used with
fixtures when necessary for effective
Ground conditions that create a haz- ground support.
ard to persons shall be taken down or (d) The diameter of finishing bits
supported before other work or travel shall be within a tolerance of plus or
is permitted in the affected area. Until minus 0.030 inch of the manufacturers
corrective work is completed, the area recommended hole diameter for the an-
shall be posted with a warning against chor used. When separate finishing bits
entry and, when left unattended, a bar- are used, they shall be distinguishable
rier shall be installed to impede unau- from other bits.
thorized entry. (e) Damaged or deteriorated car-
57.3201 Location for performing scal- tridges of grouting material shall not
ing. be used.
(f) When rock bolts tensioned by
Scaling shall be performed from a lo- torquing are used as a means of ground
cation which will not expose persons to support,
injury from falling material, or other (1) Selected tension level shall be
protection from falling material shall (i) At least 50 percent of either the
be provided. yield point of the bolt or anchorage ca-
pacity of the rock, whichever is less;
57.3202 Scaling tools.
and
Where manual scaling is performed, a (ii) No greater than the yield point of
scaling bar shall be provided. This bar the bolt or anchorage capacity of the
shall be of a length and design that will rock.
allow the removal of loose material (2) The torque of the first bolt, every
without exposing the person per- tenth bolt, and the last bolt installed
forming the work to injury. in each work area during the shift shall
be accurately determined immediately
57.3203 Rock fixtures. after installation. If the torque of any
(a) For rock bolts and accessories ad- fixture tested does not fall within the
dressed in ASTM F43295, Standard installation torque range, corrective
Specification for Roof and Rock Bolts action shall be taken.
352
(g) When grouted fixtures can be test- ignated persons shall examine and,
ed by applying torque, the first fixture where applicable, test ground condi-
installed in each work place shall be tions in areas where work is to be per-
tested to withstand 150 foot-pounds of formed, prior to work commencing,
torque. Should it rotate in the hole, a after blasting, and as ground condi-
second fixture shall be tested in the tions warrant during the work shift.
same manner. If the second fixture also Underground haulageways and
turns, corrective action shall be taken. travelways and surface area highwalls
(h) When other tensioned and nonten- and banks adjoining travelways shall
sioned fixtures are used, test methods be examined weekly or more often if
shall be established and used to verify changing ground conditions warrant.
their effectiveness.
(i) The mine operator shall certify PRECAUTIONSSURFACE ONLY
that tests were conducted and make 57.3430 Activity between machinery
the certification available to an au- or equipment and the highwall or
thorized representative of the Sec- bank.
retary.
Persons shall not work or travel be-
[51 FR 36198, Oct. 8, 1986, as amended at 51 FR tween machinery or equipment and the
36804, Oct. 16, 1986; 63 FR 20030, Apr. 22, 1998] highwall or bank where the machinery
or equipment may hinder escape from
SCALING AND SUPPORTUNDERGROUND falls or slides of the highwall or bank.
ONLY Travel is permitted when necessary for
57.3360 Ground support use. persons to dismount.
Ground support shall be used where PRECAUTIONSUNDERGROUND ONLY
ground conditions, or mining experi-
ence in similar ground conditions in 57.3460 Maintenance between ma-
the mine, indicate that it is necessary. chinery or equipment and ribs.
When ground support is necessary, the Persons shall not perform mainte-
support system shall be designed, in- nance work between machinery or
stalled, and maintained to control the equipment and ribs unless the area has
ground in places where persons work or been tested and, when necessary, se-
travel in performing their assigned cured.
tasks. Damaged, loosened, or dislodged
timber use for ground support which 57.3461 Rock bursts.
creates a hazard to persons shall be re- (a) Operators of mines which have ex-
paired or replaced prior to any work or perienced a rock burst shall
travel in the affected area. (1) Within twenty four hours report
to the nearest MSHA office each rock
PRECAUTIONSSURFACE AND burst which:
UNDERGROUND (i) Causes persons to be withdrawn;
(ii) Impairs ventilation;
57.3400 Secondary breakage.
(iii) Impedes passage; or
Prior to secondary breakage oper- (iv) Disrupts mining activity for
ations, the material to be broken, more than one hour.
other than hanging material, shall be (2) Develop and implement a rock
positioned or blocked to prevent move- burst control plan within 90 days after
ment which would endanger persons in a rock burst has been experienced.
the work area. Secondary breakage (b) The plan shall include
shall be performed from a location (1) Mining and operating procedures
which would not expose persons to dan- designed to reduce the occurrence of
ger. rock bursts;
(2) Monitoring procedures where de-
57.3401 Examination of ground con- tection methods are used; and
ditions. (3) Other measures to minimize expo-
Persons experienced in examining sure of persons to areas which are
and testing for loose ground shall be prone to rock bursts.

designated by the mine operator. Ap- (c) The plan shall be updated as con-
propriate supervisors or other des- ditions warrant.
353
57.4000 30 CFR Ch. I (7115 Edition)
(d) The plan shall be available to an 57.4057 Underground trailing cables.

authorized representative of the Sec-
Underground trailing cables shall be
retary and to miners or their rep-
resentatives. accepted or approved by MSHA as
flame resistant.
Subpart CFire Prevention and [57 FR 61223, Dec. 23, 1992]
Control
PROHIBITIONS/PRECAUTIONS/
HOUSEKEEPING
AUTHORITY: Sec. 101, Federal Mine Safety
and Health Act of 1977, Pub. L. 91173 as 57.4100 Smoking and use of open
amended by Pub. L. 95164, 91 Stat. 1291 (30 flames.
U.S.C. 811).
No person shall smoke or use an open
57.4000 Definitions. flame where flammable or combustible
The following definitions apply in liquids, including greases, or flam-
this subpart. mable gases are
Combustible liquids. Liquids having a (a) Used or transported in a manner
flash point at or above 100 F (37.8 C). that could create a fire hazard; or
They are divided into the following (b) Stored or handled.
classes:
57.4101 Warning signs.
Class II liquidsthose having flash points at
or above 100 F (37.8 C) and below 140 F (60 Readily visible signs prohibiting
C). smoking and open flames shall be post-
Class IIIA liquidsthose having flash points ed where a fire or explosion hazard ex-
at or above 140 F (60 C) and below 200 F ists.
(93.4 C).
Class IIIB liquidsthose having flash points 57.4102 Spillage and leakage.
at or above 200 F (93.4 C).
Flammable or combustible liquid
Escapeway. A designated passageway spillage or leakage shall be removed in
by which persons can leave an under- a timely manner or controlled to pre-
ground mine. vent a fire hazard.
Flash point. The minimum tempera-
ture at which sufficient vapor is re- 57.4103 Fueling internal combustion
leased by a liquid to form a flammable engines.
vapor-air mixture near the surface of
Internal combustion engines shall be
the liquid.
switched off before refueling if the fuel
Main fan. A fan that controls the en-
tanks are integral parts of the equip-
tire airflow of an underground mine or
ment. This standard does not apply to
the airflow of one of the major air cir-
cuits of the mine. diesel-powered equipment.
Mine opening. Any opening or en- 57.4104 Combustible waste.
trance from the surface into an under-
ground mine. (a) Waste materials, including liq-
Safety can. A container of not over uids, shall not accumulate in quan-
five gallons capacity that is designed tities that could create a fire hazard.
to safely relieve internal pressure when (b) Waste or rags containing flam-
exposed to heat and has a spring-clos- mable or combustible liquids that
ing lid and spout cover. could create a fire hazard shall be
placed in the following containers until
FR 32361, May 30, 2003; 69 FR 38842, June 29, disposed of properly:
2004] (1) Undergroundcovered metal con-
tainers.
57.4011 Abandoned electric circuits. (2) On the surfacecovered metal
Abandoned electric circuits shall be containers or equivalent containers
with flame containment characteris-
deenergized and isolated so that they

cannot become energized inadvert- tics.
ently.
354
57.4130 Surface electric substations FIREFIGHTING EQUIPMENT

and liquid storage facilities.
57.4200 General requirements.
The requirements of this standard
apply to surface areas only. (a) For fighting fires that could en-
(a) If a hazard to persons could be danger persons, each mine shall have
created, no combustible materials shall (1) Onsite firefighting equipment for
be stored or allowed to accumulate fighting fires in their early stages; and
within 25 feet of the following: (2) Onsite firefighting equipment for
fighting fires beyond their early stages,
(1) Electric substations.
or the mine shall have made prior ar-
(2) Unburied, flammable or combus-
rangements with a local fire depart-
tible liquid storage tanks.
ment to fight such fires.
(3) Any group of containers used for (b) This onsite firefighting equip-
storage of more than 60 gallons of flam- ment shall be
mable or combustible liquids. (1) Of the type, size, and quantity
(b) The area within the 25-foot perim- that can extinguish fires of any class
eter shall be kept free of dry vegeta- which would occur as a result of the
tion. hazards present; and
(2) Strategically located, readily ac-
57.4131 Surface fan installations and
mine openings. cessible, plainly marked, and main-
tained in fire-ready condition.
(a) On the surface, no more than one
days supply of combustible materials
FR 20100, May 14, 1985]
shall be stored within 100 feet of mine
openings or within 100 feet of fan in- 57.4201 Inspection.
stallations used for underground ven-
(a) Firefighting equipment shall be
tilation.
inspected according to the following
(b) the one-day supply shall be kept
schedules:
at least 25 feet away from any mine
(1) Fire extinguishers shall be in-
opening except during transit into the
spected visually at least once a month
mine.
to determine that they are fully
(c) Dry vegetation shall not be per- charged and operable.
mitted within 25 feet of mine openings. (2) At least once every twelve
57.4160 Underground electric sub- months, maintenance checks shall be
stations and liquid storage facili- made of mechanical parts, the amount
ties. and condition of extinguishing agent
and expellant, and the condition of the
The requirements of this standard hose, nozzle, and vessel to determine
apply to underground areas only. that the fire extinguishers will operate
(a) Areas within 25 feet of the fol- effectively.
lowing shall be free of combustible ma- (3) Fire extinguishers shall be
terials: hydrostatically tested according to
(1) Electric substations. Table C1 or a schedule based on the
(2) Unburied, combustible liquid stor- manufacturers specifications to deter-
age tanks. mine the integrity of extinguishing
(3) Any group of containers used for agent vessels.
storage of more than 60 gallons of com- (4) Water pipes, valves, outlets, hy-
bustible liquids. drants, and hoses that are part of the
(b) This standard does not apply to mines firefighting system shall be vis-
installed wiring or timber that is coat- ually inspected at least once every
ed with at least one inch of shotcrete, three months for damage or deteriora-
one-half inch of gunite, or other non- tion and use-tested at least once every
combustible materials with equivalent twelve months to determine that they
fire protection characteristics. remain functional.
(5) Fire suppression systems shall be
57.4161 Use of fire underground. inspected at least once every twelve
Fires shall not be lit underground, months. An inspection schedule based

except for open-flame torches. Torches on the manufacturers specifications or
shall be attended at all times while lit. the equivalent shall be established for
355
57.4202 30 CFR Ch. I (7115 Edition)
individual components of a system and 57.4203 Extinguisher recharging or

followed to determine that the system replacement.
remains functional. Surface fire sup- Fire extinguishers shall be recharged
pression systems are exempt from or replaced with a fully charged extin-
these inspection requirements if the guisher promptly after any discharge.
systems are used solely for the protec-
tion of property and no persons would 57.4230 Surface self-propelled equip-
be affected by a fire. ment.
(b) At the completion of each inspec- (a)(1) Whenever a fire or its effects
tion or test required by this standard, could impede escape from self-propelled
the person making the inspection or equipment, a fire extinguisher shall be
test shall certify that the inspection or on the equipment.
test has been made and the date on (2) Whenever a fire or its effects
which it was made. Certifications of would not impede escape from the
hydrostatic testing shall be retained equipment but could affect the escape
until the fire extinguisher is retested of other persons in the area, a fire ex-
or permanently removed from service. tinguisher shall be on the equipment or
Other certifications shall be retained within 100 feet of the equipment.
for one year. (b) A fire suppression system may be
used as an alternative to fire extin-
TABLE C1HYDROSTATIC TEST INTERVALS guishers if the system can be manually
FOR FIRE EXTINGUISHERS activated.
(c) Fire extinguishers or fire suppres-
Test in-
Extinguisher type terval sion systems shall be of a type and size
(years) that can extinguish fires of any class in
their early stages which could origi-
Soda Acid .............................................................. 5
Cartridge-Operated Water and/or Antifreeze ........ 5
nate from the equipments inherent
Stored-Pressure Water and/or Antifreeze ............. 5 fire hazards. Fire extinguishers or
Wetting Agent ........................................................ 5 manual actuators for the suppression
Foam ...................................................................... 5 system shall be located to permit their
AFFF (Aqueous Film Forming Foam) ................... 5 use by persons whose escape could be
Loaded Stream ...................................................... 5 impeded by fire.
Dry-Chemical with Stainless Steel Shells ............. 5
Carbon Dioxide ...................................................... 5
57.4260 Underground self-propelled
Dry-Chemical, Stored Pressure, with Mild Steel
Shells, Brazed Brass Shells, or Aluminum
equipment.
Shells ................................................................. 12 (a) Whenever self-propelled equip-
Dry-Chemical, Cartridge or Cylinder Operated,
with Mild Steel Shells ......................................... 12
ment is used underground, a fire extin-
Bromotrifluoromethane-Halon 1301 ...................... 12 guisher shall be on the equipment. This
Bromochlorodifluoromethane-Halon 1211 ............. 12 standard does not apply to compressed-
Dry-Powder, Cartridge or Cylinder-Operated, with air powered equipment without inher-
Mild Steel Shells 1 .............................................. 12 ent fire hazards.
1 Exceptfor stainless steel and steel used for compressed (b) A fire suppression system may be
gas cylinders, all other steel shells are defined as mild steel used as an alternative to fire extin-
shells.
guishers if the system can be manually
57.4202 Fire hydrants. actuated.
(c) Fire extinguishers or fire suppres-
If fire hydrants are part of the mines sion systems shall be of a type and size
firefighting system, the hydrants shall that can extinguish fires of any class in
be provided with their early stages which could origi-
(a) Uniform fittings or readily avail- nate from the equipments inherent
able adapters for onsite firefighting fire hazards. The fire extinguishers or
equipment; the manual actuator for the suppres-
(b) Readily available wrenches or sion system shall be readily accessible
keys to open the valves; and to the equipment operator.
(c) Readily available adapters capa-
ble of connecting hydrant fittings to 57.4261 Shaft-station waterlines.
the hose equipment of any firefighting Waterline outlets that are located at
organization relied upon by the mine. underground shaft stations and are
356
part of the mines fire protection sys- ground, except as provided in para-
tem shall have at least one fitting lo- graph (b), shall be provided and main-
cated for, and capable of, immediate tained in operating condition.
connection to firefighting equipment. (b) If persons are assigned to work
areas beyond the warning capabilities
57.4262 Underground transformer of the system, provisions shall be made
stations, combustible liquid storage to alert them in a manner to provide
and dispensing areas, pump rooms, for their safe evacuation in the event
compressor rooms, and hoist rooms.
of a fire.
Transformer stations, storage and
dispensing areas for combustible liq- 57.4361 Underground evacuation
uids, pump rooms, compressor rooms, drills.
and hoist rooms shall be provided with (a) At least once every six months,
fire protection of a type, size, and mine evacuation drills shall be held to
quantity that can extinguish fires of assess the ability of all persons under-
any class in their early stages which ground to reach the surface or other
could occur as a result of the hazards designated points of safety within the
present. time limits of the self-rescue devices
that would be used during an actual
57.4263 Underground belt conveyors. emergency.
Fire protection shall be provided at (b) The evacuation drills shall
the head, tail, drive, and take-up pul- (1) Be held for each shift at some
leys of underground belt conveyors. time other than a shift change and in-
Provisions shall be made for extin- volve all persons underground;
guishing fires along the beltline. Fire (2) Involve activation of the fire
protection shall be of a type, size, and alarm system; and
quantity that can extinguish fires of (3) Include evacuation of all persons
any class in their early stages which from their work areas to the surface or
could occur as a result of the fire haz- to designated central evacuation
ards present. points.
(c) At the completion of each drill,
FIREFIGHTING PROCEDURES/ALARMS/ the mine operator shall certify the
DRILLS date and the time the evacuation began
and ended. Certifications shall be re-
57.4330 Surface firefighting, evacu-
ation, and rescue procedures. tained for at least one year after each
drill.
(a) Mine operators shall establish
emergency firefighting, evacuation, 57.4362 Underground rescue and fire-
and rescue procedures for the surface fighting operations.
portions of their operations. These pro- Following evacuation of a mine in a
cedures shall be coordinated in advance fire emergency, only persons wearing
with available firefighting organiza- and trained in the use of mine rescue
tions. apparatus shall participate in rescue
(b) Fire alarm procedures or systems and firefighting operations in advance
shall be established to promptly warn of the fresh air base.
every person who could be endangered
by a fire. 57.4363 Underground evacuation in-
(c) Fire alarm systems shall be main- struction.
tained in operable condition. (a) At least once every twelve
months, all persons who work under-
57.4331 Surface firefighting drills. ground shall be instructed in the es-
Emergency firefighting drills shall be cape and evacuation plans and proce-
held at least once every six months for dures and fire warning signals in effect
persons assigned surface firefighting at the mine.
responsibilities by the mine operator. (b) Whenever a change is made in es-
cape and evacuation plans and proce-
57.4360 Underground alarm systems.
dures for any area of the mine, all per-

(a) Fire alarm systems capable of sons affected shall be instructed in the
promptly warning every person under- new plans or procedures.
357
57.4400 30 CFR Ch. I (7115 Edition)
(c) Whenever persons are assigned to (4) Vented or otherwise constructed

work in areas other than their regu- to prevent development of pressure or
larly assigned areas, they shall be in- vacuum as a result of filling, emptying,
structed about the escapeway for that or atmospheric temperature changes.
area at the time of such assignment. Vents for storage of Class I, II, or IIIA
However, persons who normally work liquids shall be isolated or separated
in more than one area of the mine shall from ignition sources. These pressure
be instructed at least once every relief requirements do not apply to
twelve months about the location of tanks used for storage of Class IIIB liq-
escapeways for all areas of the mine in uids that are larger than 12,000 gallons
which they normally work or travel. in capacity.
(d) At the completion of any instruc-
(b) All piping, valves, and fittings
tion given under this standard, the
mine operator shall certify the date shall be
that the instruction was given. Certifi- (1) Capable of withstanding working
cations shall be retained for at least pressures and stresses;
one year. (2) Compatible with the type of liquid
stored; and
FLAMMABLE AND COMBUSTIBLE LIQUIDS (3) Maintained in a manner that pre-
AND GASES vents leakage.
57.4400 Use restrictions. (c) Fixed, unburied tanks located
where escaping liquid could present a
(a) Flammable liquids shall not be hazard to persons shall be provided
used for cleaning. with
(b) Solvents shall not be used near an
(1) Containment for the entire capac-
open flame or other ignition source,
ity of the largest tank; or
near any source of heat, or in an at-
mosphere that can elevate the tem- (2) Drainage to a remote impound-
perature of the solvent above the flash ment area that does not endanger per-
point. sons. However, storage of only Class
IIIB liquids does not require contain-
57.4401 Storage tank foundations. ment or drainage to remote impound-
Fixed, unburied, flammable or comment.
bustible liquid storage tanks shall be
securely mounted on firm foundations. 57.4431 Surface storage restrictions.
Piping shall be provided with flexible (a) On the surface, no unburied flam-
connections or other special fittings mable or combustible liquids or flam-
where necessary to prevent leaks mable gases shall be stored within 100
caused by tanks settling. feet of the following:
(1) Mine openings or structures at-
tached to mine openings.
Small quantities of flammable liq- (2) Fan installations for underground
uids drawn from storage shall be kept ventilation.
in safety cans labeled to indicate the (3) Hoist houses.
contents.
(b) Under this standard, the following
57.4430 Surface storage facilities. may be present in the hoist house in
quantities necessary for the day-to-day
The requirements of this standard
maintenance of the hoist machinery:
apply to surface areas only.
(a) Storage tanks for flammable or (1) Flammable liquids in safety cans
combustible liquids shall be or in other containers placed in tightly
(1) Capable of withstanding working closed cabinets. The safety cans and
pressures and stresses and compatible cabinets shall be kept away from any
with the type of liquid stored; heat source, and each cabinet shall be
(2) Maintained in a manner that pre- labeled flammables.
vents leakage; (2) Combustible liquids in closed con-
(3) Isolated or separated from igni- tainers. The cointainers shall be kept
tion sources to prevent fire or explo- away from any heat source and the
sion; and hoist operators work station.
358
57.4460 Storage of flammable liquids ment that could create sufficient heat
underground. or sparks to pose a fire hazard. Separa-
(a) Flammable liquids shall not be tion shall be sufficient to prevent the
stored underground, except occurrence or minimize the spread of
(1) Small quantities stored in tightly fire.
closed cabinets away from any heat (b) Storage tanks shall be vented or
source. The small quantities shall be otherwise constructed to prevent devel-
stored in safety cans or in non-glass opment of pressure or vacuum as a re-
containers of a capacity equal to or sult of filling, emptying, or atmos-
less than a safety can. Each cabinet pheric temperature changes. Vents for
shall be labeled flammables. storage of Class II or IIIA liquids shall
(2) Acetylene and liquefied petroleum be isolated or separated from ignition
gases stored in containers designed for sources.
that specific purpose. (c) At permanent storage areas for
(b) Gasoline shall not be stored un- combustible liquids, means shall be
derground in any quantity. provided for confinement or removal of
the contents of the largest storage
57.4461 Gasoline use restrictions un- tank in the event of tank rupture.
derground. (d) All piping, valves, and fittings
If gasoline is used underground to shall be:
power internal combustion engines (1) Capable of withstanding working
(a) The mine shall be nongassy and pressures and stresses;
shall have multiple horizontal or in- (2) Compatible with the type of liquid
clined roadways from the surface large stored; and
enough to accommodate vehicular traf- (3) Maintained in a manner which
fic; prevents leakage.
(b) All roadways and other openings
shall connect with another opening 57.4463 Liquefied petroleum gas use
every 100 feet by a passage large underground.
enough to accommodate any vehicle in Use of liquefied petroleum gases un-
the mine or alternate routes shall pro- derground shall be limited to mainte-
vide equivalent escape capabilities; and nance work.
(c) No roadway or other opening shall
be supported or lined with wood or INSTALLATION/CONSTRUCTION/
other combustible materials. MAINTENANCE
57.4462 Storage of combustible liq- 57.4500 Heat sources.
uids underground.
Heat sources capable of producing
The requirements of this standard combustion shall be separated from
apply to underground areas only. combustible materials if a fire hazard
(a) Combustible liquids, including oil could be created.
or grease, shall be stored in non-glass
containers or storage tanks. The con- 57.4501 Fuel lines.
tainers or storage tanks shall be
(1) Capable of withstanding working Fuel lines shall be equipped with
pressures and stresses and compatible valves capable of stopping the flow of
with the type of liquid stored; fuel at the source and shall be located
(2) Maintained in a manner that pre- and maintained to minimize fire haz-
vents leakage; ards. This standard does not apply to
(3) Located in areas free of combus- fuel lines on self-propelled equipment.
tible materials or in areas where any
57.4502 Battery-charging stations.
exposed combustible materials are
coated with one inch of shotcrete, one- (a) Battery-charging stations shall be
half inch of gunite, or other non- ventilated with a sufficient volume of
combustible material with equivalent air to prevent the accumulation of hy-
fire protection characteristics; and drogen gas.
(4) Separated from explosives or (b) Smoking, use of open flames, or

blasting agents, shaft stations, and ig- other activities that could create an ig-
nition sources including electric equip- nition source shall be prohibited at the
359
57.4503 30 CFR Ch. I (7115 Edition)
battery charging station during bat- half inch of gunite, or other non-
tery charging. combustible material with equivalent
(c) Readily visible signs prohibiting fire protection characteristics.
smoking or open flames shall be posted (c) Provisions shall be made for con-
at battery-charging stations during trol or containment of the entire vol-
battery charging. ume of the fuel line so that leakage
will not create a fire hazard.
57.4503 Conveyor belt slippage.
(a) Surface belt conveyors within 57.4530 Exits for surface buildings
confined areas where evacuation would and structures.
be restricted in the event of a fire re- Surface buildings or structures in
sulting from belt-slippage shall be which persons work shall have a suffi-
equipped with a detection system capa- cient number of exits to permit prompt
ble of automatically stopping the drive escape in case of fire.
pulley.
(b) Underground belt conveyors shall 57.4531 Surface flammable or com-
be equipped with a detection system bustible liquid storage buildings or
rooms.
capable of automatically stopping the
drive pulley if slippage could cause ig- (a) Surface storage buildings or stor-
nition of the belt. age rooms in which flammable or com-
(c) A person shall attend the belt at bustible liquids, including grease, are
the drive pulley when it is necessary to stored and that are within 100 feet of
operate the conveyor while tempo- any persons work station shall be ven-
rarily bypassing the automatic func- tilated with a sufficient volume of air
tion. to prevent the accumulation of flam-
mable vapors.
57.4504 Fan installations. (b) In addition, the buildings or
(a) Fan houses, fan bulkheads for rooms shall be
main and booster fans, and air ducts (1) Constructed to meet a fire resist-
connecting main fans to underground ance rating of at least one hour; or
openings shall be constructed of non- (2) Equipped with an automatic fire
combustible materials. supression system; or
(b) Areas within 25 feet of main fans (3) Equipped with an early warning
or booster fans shall be free of combus- fire detection device that will alert any
tible materials, except installed wir- person who could be endangered by a
ing, ground and track support, fire, provided that no persons work
headframes, and direct-fired heaters. station is in the building.
Other timber shall be coated with one (c) Flammable or combustible liquids
inch of shotcrete, one-half inch of gun- in use for day-to-day maintenance and
ite, or other noncombustible materials. operational activities are not consid-
ered in storage under this standard.
57.4505 Fuel lines to underground
areas. 57.4532 Blacksmith shops.
Fuel lines into underground storage Blacksmith shops located on the sur-
or dispensing areas shall be drained at face shall be
the completion of each transfer of fuel (a) At least 100 feet from fan installa-
unless the following requirements are tions used for intake air and mine
met: openings;
(a) The valve at the supply source (b) Equipped with exhaust vents over
shall be kept closed when fuel is not the forge and ventilated to prevent the
being transferred. accumulation of the products of com-
(b) The fuel line shall be bustion; and
(1) Capable of withstanding working (c) Inspected for smoldering fires at
pressures and stresses; the end of each shift.
(2) Located to prevent damage; and
(3) Located in areas free of combus- 57.4533 Mine opening vicinity.
tible materials or in areas where any Surface buildings or other similar

exposed combustible materials are structures within 100 feet of mine open-
coated with one inch of shotcrete, one- ings used for intake air or within 100
360
feet of mine openings that are des- (2) With an open flame in an area
ignated escapeways in exhaust air shall where no electrical hazard exists, a
be multipurpose dry-chemical fire extin-
(a) Constructed of noncombustible guisher or equivalent fire extin-
materials; or guishing equipment for the class of fire
(b) Constructed to meet a fire resist- hazard present shall be at the worksite.
ance rating of no less than one hour; or (b) Use of halogenated fire extin-
(c) Provided with an automatic fire guishing agents to meet the require-
suppression system; or ments of this standard shall be limited
(d) Covered on all combustible inte- to Halon 1211 (CBrClF2) and Halon 1301
rior and exterior structural surfaces (CBrF3). When these agents are used in
with noncombustible material or lim- confined or unventilated areas, pre-
ited combustible material, such as five- cautions based on the manufacturers
eighth inch, type X gypsum wall- use instructions shall be taken so that
board. the gases produced by thermal decom-
position of the agents are not inhaled.
57.4560 Mine entrances.
For at least 200 feet inside the mine 57.4601 Oxygen cylinder storage.
portal or collar timber used for ground Oxygen cylinders shall not be stored
support in intake openings and in ex- in rooms or areas used or designated
haust openings that are designated as for storage of flammable or combus-
escapeways shall be tible liquids, including grease.
(a) Provided with a fire suppression
system, other than fire extinguishers 57.4602 Gauges and regulators.
and water hoses, capable of controlling
Gauges and regulators used with oxy-
a fire in its early stages; or
gen or acetylene cylinders shall be
(b) Covered with shotcrete, gunite, or
kept clean and free of oil and grease.
other material with equivalent fire
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
Stationary diesel equipment under- (c) The task or series of tasks is com-
ground shall be pleted.
(a) Supported on a noncombustible 57.4604 Preparation of pipelines or
base; and containers.
(b) Provided with a thermal sensor
that automatically stops the engine if Before welding, cutting, or applying
overheating occurs. heat with an open flame to pipelines or
containers that have contained flam-
WELDING/CUTTING/COMPRESSED GASES mable or combustible liquids, flam-
mable gases, or explosive solids, the
57.4600 Extinguishing equipment. pipelines or containers shall be
(a) When welding, cutting, soldering, (a) Drained, ventilated, and thor-
thawing, or bending oughly cleaned of any residue;
(1) With an electric arc or with an (b) Vented to prevent pressure build-
open flame where an electrically con- up during the application of heat; and
ductive extinguishing agent could cre- (c)(1) Filled with an inert gas or
ate an electrical hazard, a multipur- water, where compatible; or
pose dry-chemical fire extinguisher or (2) Determined to be free of flam-
other extinguisher with at least a 2 mable gases by a flammable gas detec-

A:10B:C rating shall be at the work- tion device prior to and at frequent in-
site. tervals during the application of heat.
361
57.4660 30 CFR Ch. I (7115 Edition)
57.4660 Work in shafts, raises, or means to control the spread of fire,

winzes and other activities involv- smoke, and toxic gases underground in
ing hazard areas. the event of a fire: control doors, rever-
During performance of an activity sal of mechanical ventilaton, or effec-
underground described in Table C2 or tive evacuation procedures. Under this
when falling sparks or hot metal from standard, shaft mine means a mine
work performed in a shaft, raise, or in which any designated escapeway in-
winze could pose a fire hazard cludes a mechanical hoisting device or
(a) A multipurpose dry-chemical fire a ladder ascent.
extinguisher shall be at the worksite to (1) Control doors. If used as an alter-
supplement the fire extinguishing native, control doors shall be
equipment required by 57.4600; and (i) Installed at or near shaft stations
(b) At least one of the following ac- of intake shafts and any shaft des-
tions shall be taken: ignated as an escapeway under
(1) Wet down the area before and 57.11053 or at other locations that pro-
after the operation, taking precaution vide equivalent protection;
against any hazard of electrical shock. (ii) Constructed and maintained ac-
(2) Isolate any combustible material cording to Table C3;
with noncombustible material. (iii) Provided with a means of remote
(3) Shield the activity so that hot closure at landings of timbered intake
metal and sparks cannot cause a fire. shafts unless a person specifically des-
(4) Provide a second person to watch ignated to close each door in the event
for and extinguish any fire. of a fire can reach the door within
three minutes;
TABLE C2 (iv) Closed or opened only according
to predetermined conditions and proce-
Activity Distance Fire hazard dures;
Welding or cutting More than 1 gallon of (v) Constructed so that once closed
with an electric arc combustible liquid, un- they will not reopen as a result of a dif-
or open flame less in a closed, metal ferential in air pressure;
container.
Using an open flame Within 35 More than 50 pounds of
(vi) Constructed so that they can be
to bend or heat feet non-fire-retardant opened from either side by one person,
materials of wood. or be provided with a personnel door
Thawing pipes elec- More than 10 pounds of that can be opened from either side;
trically, except with combustible plastics.
heat tape and
(vii) Clear of obstructions.
Soldering or thawing Within 10 Materials in a shaft, raise, (2) Mechanical ventilation reversal. If
with an open flame feet or winze that could be
of ignited by hot metal or used as an alternative, reversal of me-
sparks. chanical ventilation shall
(i) Provide at all times at least the
(5) Cover or bulkhead the opening im- same degree of protection to persons
mediately below and adjacent to the underground as would be afforded by
activity with noncombustible material the installation of control doors;
to prevent sparks or hot metal from (ii) Be accomplished by a main fan. If
falling down the shaft, raise, or winze. the main fan is located underground
This alternative applies only to activi- (A) The cable or conductors sup-
ties involving a shaft, raise, or winze. plying power to the fan shall be routed
(c) The affected area shall be in- through areas free of fire hazards; or
spected during the first hour after the (B) The main fan shall be equipped
operation is completed. Additional in- with a second, independent power cable
spections shall be made or other fire or set of conductors from the surface.
prevention measures shall be taken if a The power cable or conductors shall be
fire hazard continues to exist. located so that an underground fire dis-
rupting power in one cable or set of
VENTILATION CONTROL MEASURES conductors will not affect the other; or
(C) A second fan capable of accom-
57.4760 Shaft mines.
plishing ventilation reversal shall be

(a) Shaft mines shall be provided available for use in the event of failure
with at least one of the following of the main fan;
362
(iii) Provide rapid air reversal that that will not expose persons to heat,
allows persons underground time to smoke, or toxic fumes in the event of a
exit in fresh air by the second fire.
escapeway or find a place of refuge; and (b) If the destruction of any bulkhead
(iv) Be done according to predeter- on an inactive level would allow fire
mined conditions and procedures. contaminants to reach an escapeway,
(3) Evacuation. If used as an alter- that bulkhead shall be constructed and
native, effective evacuation shall be
maintained to provide at least the
demonstrated by actual evacuation of
same protection as required for control
all persons underground to the surface
doors under Table C3.
in ten minutes or less through routes
TABLE C3CONTROL DOOR CONSTRUCTION
Location Minimum required construction
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.
[50 FR 4082, Jan. 29, 1985; 50 FR 20100, May 14, 1985]
57.4761 Underground shops. bulkheads shall meet the following re-

quirements:
To confine or prevent the spread of
toxic gases from a fire originating in (1) Each control door or bulkhead
an underground shop where mainte- shall be constructed to serve as a bar-
nance work is routinely done on mobile rier to fire, the effects of fire, and air
equipment, one of the following meas- leakage at each opening to the shop.
ures shall be taken: use of control (2) Each control door shall be
doors or bulkheads, routing of the mine (i) Constructed so that, once closed,
shop air directly to an exhaust system, it will not reopen as a result of a dif-
reversal of mechanical ventilation, or ferential in air pressure;
use of an automatic fire suppression (ii) Constructed so that it can be
system in conjunction with an alter- opened from either side by one person
nate escape route. The alternative used or be provided with a personnel door
shall at all times provide at least the that can be opened from either side;
same degree of safety as control doors (iii) Clear of obstructions; and
or bulkheads. (iv) Provided with a means of remote

(a) Control doors or bulkheads. If used or automatic closure unless a person
as an alternative, control doors or specifically designated to close the
363
Pt. 57, Subpt. C., App. I 30 CFR Ch. I (7115 Edition)
door in the event of a fire can reach the (iii) A second fan capable of accom-
door within three minutes. plishing ventilation reversal shall be
(3) If located 20 feet or more from ex- available for use in the event of failure
posed timber or other combustible ma- of the main fan;
terial, the control doors or bulkheads (2) Provide rapid air reversal that al-
shall provide protection at least equiv- lows persons underground time to exit
alent to a door constructed of no less in fresh air by the second escapeway or
than one-quarter inch of plate steel find a place of refuge; and
with channel or angle-iron reinforce- (3) Be done according to predeter-
ment to minimize warpage. The frame- mined conditions and procedures.
work assembly of the door and the sur- (d) Automatic fire suppression system
rounding bulkhead, if any, shall be at and escape route. If used as an alter-
least equivalent to the door in fire and native, the automatic fire suppression
air-leakage resistance, and in physical system and alternate escape route
strength. shall meet the following requirements:
(4) If located less than 20 feet from (1) The suppression system shall be
exposed timber or other combustibles, (i) Located in the shop area;
the control door or bulkhead shall pro- (ii) The appropriate size and type for
vide protection at least equivalent to a the particular fire hazards involved;
door constructed of two layers of wood, and
each a minimum of three-quarters of (iii) Inspected at weekly intervals
an inch in thickness. The wood-grain of and properly maintained.
one layer shall be perpendicular to the (2) The escape route shall bypass the
wood-grain of the other layer. The shop area so that the route will not be
wood construction shall be covered on affected by a fire in the shop area.
all sides and edges with no less than 24-
gauge sheet steel. The framework as- APPENDIX I TO SUBPART C OF PART 57
sembly of the door and the surrounding NATIONAL CONSENSUS STANDARDS
bulkhead, if any, shall be at least Mine operators seeking further informa-
equivalent to the door in fire and air- tion in the area of fire prevention and con-
leakage resistance, and in physical trol may consult the following national con-
strength. Roll-down steel doors with a sensus standards.
fire-resistance rating of 112 hours or
MSHA stand-
greater, but without an insulation National consensus standard
ard
core, are acceptable provided that an
57.4200, NFPA No. 10Portable Fire Extinguisher.
automatic sprinkler or deluge system 57.4201, NFPA No. 11Low Expansion Foam and
is installed that provides even coverage 57.4261, Combined Agent Systems.
of the door on both sides. and NFPA No. 11AHigh Expansion Foam Sys-
(b) Routing air to exhaust system. If 57.4262. tems.
NFPA No. 12Carbon Dioxide Extinguishing
used as an alternative, routing the Systems.
mine shop exhaust air directly to an NFPA No. 12AHalon 1301 Extinguishing
exhaust system shall be done so that Systems.
NFPA No. 13Water Sprinkler Systems.
no person would be exposed to toxic NFPA No. 14Standpipe and Hose Sys-
gases in the event of a shop fire. tems.
(c) Mechanical ventilation reversal. If NFPA No. 15Water Spray Fixed Systems.
used as an alternative, reversal of me- NFPA No. 16Foam Water Spray Systems.
NFPA No. 17Dry-Chemical Extinguishing
chanical ventilation shall Systems.
(1) Be accomplished by a main fan. If NFPA No. 121Mobile Surface Mining
the main fan is located underground: Equipment.
NFPA No. 291Testing and Marking Hy-
(i) The cable or conductors supplying drants.
power to the fan shall be routed NFPA No. 1962Care, Use, and Mainte-
through areas free of fire hazards; or nance of Fire Hose, Connections, and Noz-
(ii) The main fan shall be equipped zles.
57.4202 ..... NFPA No. 14Standpipe and Hose Sys-
with a second, independent power cable tems.
or set of conductors from the surface. NFPA No. 291Testing and Marking Hy-
The power cable or conductors shall be drants.
57.4203 ..... NFPA No. 10Portable Fire Extinguishers.
located so that an underground fire dis- 57.4230 ..... NFPA No. 10Portable Fire Extinguishers.
rupting power in one cable or set of NFPA No. 121Mobile Surface Mining
conductors will not affect the other; or Equipment.
364
MSHA stand- National consensus standard

Fiber means a particle longer than 5
ard micrometers (m) with a length-to-di-
57.4260 ..... NFPA No. 10Portable Fire Extinguishers. ameter ratio of at least 3-to-1.
57.4261 ..... NFPA No. 14Standpipe and Hose Sys- (2) Permissible Exposure Limits
tems. (PELs)(i) Full-shift limit. A miners
57.4533 ..... NFPA Fire Protection Handbook.
57.4560 ..... ASTM E162Surface Flammability of Mate-
personal exposure to asbestos shall not
rials Using a Radiant Heat Energy Source. exceed an 8-hour time-weighted aver-
age full-shift airborne concentration of
0.1 fiber per cubic centimeter of air (f/
Subpart DAir Quality, Radiation, cc).
Physical Agents, and Diesel (ii) Excursion limit. No miner shall be
Particulate Matter exposed at any time to airborne con-
centrations of asbestos in excess of 1
AIR QUALITYSURFACE AND fiber per cubic centimeter of air (f/cc)
UNDERGROUND as averaged over a sampling period of
30 minutes.
57.5001 Exposure limits for airborne (3) Measurement of airborne asbestos
contaminants. fiber concentration. Potential asbestos
Except as permitted by 57.5005 fiber concentration shall be determined
(a) Except as provided in paragraph by phase contrast microscopy (PCM)
(b), the exposure to airborne contami- using the OSHA Reference Method in
nants shall not exceed, on the basis of OSHAs asbestos standard found in 29
a time weighted average, the threshold CFR 1910.1001, appendix A, or a method
limit values adopted by the American at least equivalent to that method in
Conference of Governmental Industrial identifying a potential asbestos expo-
Hygienists, as set forth and explained sure exceeding the 0.1 f/cc full-shift
in the 1973 edition of the Conferences limit or the 1 f/cc excursion limit.
publication, entitled TLVs Threshold When PCM results indicate a potential
Limit Values for Chemical Substances exposure exceeding the 0.1 f/cc full-
in Workroom Air Adopted by ACGIH shift limit or the 1 f/cc excursion limit,
for 1973, pages 1 through 54, which are samples shall be further analyzed using
hereby incorporated by reference and transmission electron microscopy ac-
made a part hereof. This publication cording to NIOSH Method 7402 or a
may be obtained from the American method at least equivalent to that
Conference of Governmental Industrial method.
Hygienists by writing to 1330 Kemper (c) Employees shall be withdrawn
Meadow Drive, Attn: Customer Service, from areas where there is present an
Cincinnati, OH 45240, http:// airborne contaminant given a C des-
www.acgih.org, or may be examined in ignation by the Conference and the
any Metal and Nonmetal Mine Safety concentration exceeds the threshold
and Health District Office of the Mine limit value listed for that contami-
Safety and Health Administration. Ex- nant.
cursions above the listed thresholds [50 FR 4082, Jan. 29, 1985, as amended at 60
shall not be of a greater magnitude FR 35695, July 11, 1995; 71 FR 16667, Apr. 3,
than is characterized as permissible by 2006; 73 FR 11303, Feb. 29, 2008; 73 FR 66172,
the Conference. Nov. 7, 2008]
(b) Asbestos standard(1) Definitions.
Asbestos is a generic term for a num- 57.5002 Exposure monitoring.
ber of asbestiform hydrated silicates Dust, gas, mist, and fume surveys
that, when crushed or processed, sepa- shall be conducted as frequently as
rate into flexible fibers made up of necessary to determine the adequacy of
fibrils. control measures.
Asbestos means chrysotile,
cummingtonite-grunerite asbestos 57.5005 Control of exposure to air-
(amosite), crocidolite, anthophylite as- borne contaminants.
bestos, tremolite asbestos, and actino- Control of employee exposure to
lite asbestos. harmful airborne contaminants shall

Asbestos fiber means a fiber of asbes- be, insofar as feasible, by prevention of
tos that meets the criteria of a fiber. contamination, removal by exhaust
365
57.5006 30 CFR Ch. I (7115 Edition)
ventilation, or by dilution with conditions approved by a nationally

uncontaminated air. However, where recognized agency acceptable to the
accepted engineering control measures Secretary.
have not been developed or when nec- (a) Carbon tetrachloride,
essary by the nature of work involved (b) Phenol,
(for example, while establishing con- (c) 4-Nitrobiphenyl,
trols or occasional entry into haz- (d) Alpha-naphthylamine,
ardous atmospheres to perform mainte- (e) 4,4-Methylene Bis (2-
nance or investigation), employees chloroaniline),
may work for reasonable periods of (f) Methyl-chloromethyl ether,
time in concentrations of airborne con- (g) 3,3 Dichlorobenzidine,
taminants exceeding permissible levels (h) Bis (chloromethyl) ether,
if they are protected by appropriate (i) Beta-napthylamine,
respiratory protective equipment. (j) Benzidine,
Whenever respiratory protective equip- (k) 4-Aminodiphenyl,
ment is used a program for selection, (l) Ethyleneimine,
maintenance, training, fitting, super- (m) Beta-propiolactone,
vision, cleaning, and use shall meet the (n) 2-Acetylaminofluorene,
following minimum requirements: (o) 4-Dimethylaminobenzene, and
(a) Respirators approved by NIOSH (p) N-Nitrosodimethylamine.
under 42 CFR part 84 which are applica-
AIR QUALITYSURFACE ONLY
ble and suitable for the purpose in-
[RESERVED]
tended shall be furnished and miners
shall use the protective equipment in AIR QUALITYUNDERGROUND ONLY
accordance with training and instruc-
tion. 57.5015 Oxygen deficiency.
(b) A respirator program consistent Air in all active workings shall con-
with the requirements of ANSI Z88.2 tain at least 19.5 volume percent oxy-
1969, published by the American Na- gen.
tional Standards Institute and entitled
American National Standards Prac- RADIATIONUNDERGROUND ONLY
tices for Respiratory Protection ANSI
Z88.21969, approved August 11, 1969, 57.5037 Radon daughter exposure
which is hereby incorporated by ref- monitoring.
erence and made a part hereof. This (a) In all mines at least one sample
publication may be obtained from the shall be taken in exhaust mine air by a
American National Standards Insti- competent person to determine if con-
tute, Inc., 25 W. 43rd Street, 4th Floor, centrations of radon daughters are
New York, NY 10036; http:// present. Sampling shall be done using
www.ansi.org, or may be examined in suggested equipment and procedures
any Metal and Nonmetal Mine Safety described in section 14.3 of ANSI N13.8
and Health District Office of the Mine 1973, entitled American National
Safety and Health Administration. Standard Radiation Protection in Ura-
(c) When respiratory protection is nium Mines, approved July 18, 1973,
used in atmospheres immediately pages 1315, by the American National
harmful to life, the presence of at least Standards Institute, Inc., which is in-
one other person with backup equip- corporated by reference and made a
ment and rescue capability shall be re- part of the standard or equivalent pro-
quired in the event of failure of the res- cedures and equipment acceptable to
piratory equipment. the Administrator, MSHA Metal and
[50 FR 4082, Jan. 29, 1985, as amended at 60 Nonmetal Mine Safety and Health dis-
FR 30400, June 8, 1995; 60 FR 33723, June 29, trict office. This publication may be
1995; 60 FR 35695, July 11, 1995; 71 FR 16667, examined at any Metal and Nonmetal
Apr. 3, 2006] Mine Safety and Health Subdistrict Of-
fice of the Mine Safety and Health Ad-
57.5006 Restricted use of chemicals. ministration, or may be obtained from
The following chemical substances the American National Standards In-

shall not be used or stored except by stitute, Inc., 25 W. 43rd Street, 4th
competent persons under laboratory Floor, New York, NY 10036; http://
366
www.ansi.org. The mine operator may available for inspection by the Sec-
request that the required exhaust mine retary or his authorized representative.
air sampling be done by the Mine Safe- [50 FR 4082, Jan. 29, 1985, as amended at 60
ty and Health Administration. If con- FR 33723, June 29, 1995; 71 FR 16667, Apr. 3,
centrations of radon daughters in ex- 2006]
cess of 0.1 WL are found in an exhaust
air sample, thereafter 57.5038 Annual exposure limits.
(1) Where uranium is minedradon No person shall be permitted to re-
daughter concentrations representative ceive an exposure in excess of 4 WLM in
of workers breathing zone shall be de- any calendar year.
termined at least every two weeks at
random times in all active working 57.5039 Maximum permissible con-
areas such as stopes, drift headings, centration.
travelways, haulageways, shops, sta- Except as provided by standard
tions, lunch rooms, magazines, and any 57.5005, persons shall not be exposed to
other place or location where persons air containing concentrations of radon
work, travel, or congregate. However, daughters exceeding 1.0 WL in active
if concentrations of radon daughters workings.
are found in excess of 0.3 WL in an ac-
tive working area, radon daughter con- 57.5040 Exposure records.
centrations thereafter shall be deter- (a) The operator shall calculate and
mined weekly in that working area record complete individual exposures
until such time as the weekly deter- to concentrations of radon daughters
minations in that area have been 0.3 as follows:
WL or less for 5 consecutive weeks. (1) Where uranium is minedthe
(2) Where uranium is not mined complete individual exposures of all
when radon daughter concentrations mine personnel working underground
between 0.1 and 0.3 WL are found in an shall be calculated and recorded. These
active working area, radon daughter records shall include the individuals
concentration measurements rep- time in each active working area such
resentative of workers breathing zone as stopes, drift headings, travelways,
haulageways, shops, stations, lunch
shall be determined at least every 3
rooms, magazines and any other place
months at random times until such
or location where persons work, travel
time as the radon daughter concentra-
or congregate, and the concentration of
tions in that area are below 0.1 WL, and
airborne radon daughters for each ac-
annually thereafter. If concentrations
tive working area.
of radon daughters are found in excess (2) Where uranium is not minedthe
of 0.3 WL in an active working area complete individual exposure of all
radon daughter concentrations there- mine personnel working in active
after shall be determined at least working areas with radon daughter
weekly in that working area until such concentrations in excess of 0.3 WL shall
time as the weekly determinations in be calculated and recorded. These
that area have been 0.3 WL or less for records shall include the individuals
5 consecutive weeks. time in each active working area and
(b) If concentrations of radon daugh- the concentrations of airborne radon
ters less than 0.1 WL are found in an daughters for each active working
exhaust mine air sample, thereafter: area. The operator may discontinue
(1) Where uranium is minedat least calculating and recording the indi-
one sample shall be taken in the ex- vidual exposures of any personnel as-
haust mine air monthly. signed to work in active working areas
(2) Where uranium is not minedno where radon daughter concentrations
further exhaust mine air sampling is have been reduced to 0.3 WL or less for
required. 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 to any person who has accumulated
mine site or nearest mine office for at more exposure than 112 (one-twelfth) of
least two years and shall be made a WLM times the number of months for
367
57.5041 30 CFR Ch. I (7115 Edition)
which exposures have been calculated Health Administration. These records,

and recorded in the calendar year in if retained by the operator, shall be
which the exposure calculation and open for inspection by the Secretary of
recordation is proposed to be discon- Labor, his authorized representative,
tinued. and authorized representatives of the
(b) The operator shall maintain the official mine inspection agency of the
form entitled Record of Individual Ex- State in which the mine is located.
posure to Radon Daughters (Form Paragraph 9.8, ANSI N13.81973, is in-
40009), or equivalent forms that are ac- corporated by reference and made a
ceptable to the Administrator, Metal part of this standard. ANSI N13.81973
and Nonmetal Mine Safety and Health, may be examined at any Metal and
Mine Safety and Health Administra- Nonmetal Mine Safety and Health Dis-
tion, on which there shall be recorded trict Office of the Mine Safety and
the specific information required by Health Administration, and may be ob-
the form with respect to each persons tained from the American National
time-weighted current and cumulative Standards Institute, Inc., at 25 W. 43rd
exposure to concentrations of radon Street, 4th Floor, New York, NY 10036;
daughters. http://www.ansi.org.
(1) The form entitled Record of Indi- (5) Upon written request from a per-
vidual Exposure to Radon Daughters son who is a subject of these records, a
(Form 40009), shall consist of an origi- statement of the year-to-date and cu-
nal of each form for the operators mulative exposure applicable to that
records which shall be available for ex- person shall be provided to the person
amination by the Secretary or his au- or to whomever such person designates.
thorized representative.
(6) The blank form entitled Record
(2) On or before February 15 of each
of Individual Exposure to Radon
calendar year, or within 45 days after
Daughters (Form 40009) may be ob-
the shutdown of mining operations for
tained on request from any MSHA
the calendar year, each mine operator
Metal and Nonmetal Mine Safety and
shall submit to the Mine Safety and
Health district office.
Health Administration a copy of the
NOTE: To calculate an individuals expo-
Record of Individual Exposure to
sure to WLM for a given period of time, mul-
Radon Daughters (Form 40009), or ac- tiply the total exposure time (hours to the
ceptable equivalent form, showing the nearest half-hour) in an active working area
data required by the form for all per- by the average concentration of airborne
sonnel for whom calculation and re- radon daughters for the applicable active
cording of exposure was required dur- working area (average working level cal-
ing the previous calendar year. culated to the nearest hundredth working
(3) Errors detected by the operator level) and divide the product by the constant
shall be corrected on any forms kept by 173 hours per month.
the operator and a corrected copy of An average airborne radon daughter con-
centration for a designated active working
any forms submitted to the Mine Safe-
area shall be determined by averaging all
ty and Health Administration shall be sampling results for that working area dur-
submitted to the Mine Safety and ing the time that persons are present. Any
Health Administration within 60 days sample taken by Federal or State mine in-
of detection and shall identify the er- spectors, which represents exposure to min-
rors and indicate the date the correc- ers and reported to the operator within three
tions are made. days of being taken, shall be included in the
(4) The operators records of indi- average concentration; except that if the
vidual exposure to concentrations of mine operator samples simultaneously with
the inspector, he may use his own sample re-
radon daughters and copies of Record
sults.
of Individual Exposure to Radon
Daughters (Form 40009) or acceptable [50 FR 4082, Jan. 29, 1985, as amended at 60
equivalent form or true legible fac- FR 33723, June 29, 1995; 60 FR 35695, July 11,
similes thereof (microfilm or other), 1995; 71 FR 16667, Apr. 3, 2006]
shall be retained at the mine or nearest
57.5041 Smoking prohibition.
mine office for a period as specified in

paragraph 9.8, ANSI N13.81973, or shall Smoking shall be prohibited in all
be submitted to the Mine Safety and areas of a mine where exposure records
368
are required to be kept in compliance Administration, or may be obtained

with standard 57.5040. from the American National Standards
Institute, Inc., 25 W. 43rd Street, 4th
57.5042 Revised exposure levels. Floor, New York, NY 10036; http://
If levels of permissible exposures to www.ansi.org.
concentrations of radon daughters dif- (c) Where average gamma radiation
ferent from those prescribed in 57.5038 measurements are in excess of 2.0
are recommended by the Environ- milliroentgens per hour in the working
mental Protection Agency and ap- place, gamma radiation dosimeters
proved by the President, no employee shall be provided for all persons af-
shall be permitted to receive exposures fected, and records of cumulative indi-
in excess of those levels after the effec- vidual gamma radiation exposure shall
tive dates established by the Agency. be kept.
(d) Annual individual gamma radi-
57.5044 Respirators. ation exposure shall not exceed 5 rems.
In environments exceeding 1.0 WL, [50 FR 4082, Jan. 29, 1985, as amended at 60
miners shall wear respirators approved FR 33723, June 29, 1995; 60 FR 35695, July 11,
by NIOSH for radon daughters prior to 1995; 71 FR 16667, Apr. 3, 2006]
July 10, 1995 or under the equivalent
section of 42 CFR part 84 and such res- DIESEL PARTICULATE MATTER
pirator use shall be in compliance with UNDERGROUND ONLY
57.5005.
SOURCE: 66 FR 5907, Jan. 19, 2001, unless
[60 FR 30400, June 8, 1995] otherwise noted.
57.5045 Posting of inactive workings. 57.5060 Limit on exposure to diesel
Inactive workings in which radon particulate matter.
daughter concentrations are above 1.0 (a) A miners personal exposure to
WL, shall be posted against unauthor- diesel particulate matter (DPM) in an
ized entry and designated by signs indi- underground mine must not exceed an
cating them as areas in which approved average eight-hour equivalent full shift
respirators shall be worn. airborne concentration of 308
micrograms of elemental carbon per
57.5046 Protection against radon gas. cubic meter of air (308EC g/m3). [This
Where radon daughter concentrations interim permissible exposure limit
exceed 10 WL, respirator protection (PEL) remains in effect until the final
against radon gas shall be provided in DPM exposure limit becomes effective.
addition to protection against radon When the final DPM exposure limit be-
daughters. Protection against radon comes effective, MSHA will publish a
gas shall be provided by supplied air document in the FEDERAL REGISTER.]
devices or by face masks containing (b)(1) Effective May 20, 2006, a miners
absorbent material capable of remov- personal exposure to diesel particulate
ing both the radon and its daughters. matter (DPM) in an underground mine
must not exceed an average eight-hour
57.5047 Gamma radiation surveys. equivalent full shift airborne con-
(a) Gamma radiation surveys shall be centration of 308 micrograms of ele-
conducted annually in all underground mental carbon per cubic meter of air
mines where radioactive ores are (308EC g/m3).
mined. (2) Effective January 20, 2007, a min-
(b) Surveys shall be in accordance ers personal exposure to diesel partic-
with American National Standards ulate matter (DPM) in an underground
(ANSI) Standard N13.81973, entitled mine must not exceed an average
Radiation Protection in Uranium eight-hour equivalent full shift air-
Mines, section 14.1 page 12, which is borne concentration of 350 micrograms
hereby incorporated by reference and of total carbon per cubic meter of air
made a part hereof. This publication (350TC g/m3).
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
369
57.5060 30 CFR Ch. I (7115 Edition)
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
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.
370
(7) Upon written notification that the 57.5065 Fueling practices.

PLHCP has determined that the miner (a) Diesel fuel used to power equip-
is unable to wear a respirator, includ- ment in underground areas must not
ing a PAPR, the miner must be trans- have a sulfur content greater than 0.05
ferred to work in an existing position percent. The operator must retain pur-
in an area of the same mine where res- chase records that demonstrate compli-
piratory protection is not required. ance with this requirement for one
The miner must be transferred within year after the date of purchase.
30 days of the final determination by (b) The operator must only use fuel
the PLHCP. additives registered by the U.S. Envi-
(i) The miner must continue to re- ronmental Protection Agency in diesel
ceive compensation at no less than the powered equipment operated in under-
regular rate of pay in the classification ground areas.
held by that miner immediately prior
to the transfer. [66 FR 5907, Jan. 19, 2001; 66 FR 35520, July 5,
2001]
(ii) Increases in wages of the trans-
ferred miner must be based upon the 57.5066 Maintenance standards.
new work classification.
(a) Any diesel powered equipment op-
(8) The mine operator must maintain
erated at any time in underground
a record of the identity of the PLHCP
areas must meet the following mainte-
and the most recent written deter-
nance standards:
mination of each miners ability to
(1) The operator must maintain any
wear a respirator for the duration of
approved engine in approved condition;
the miners employment plus six
(2) The operator must maintain the
months.
emission related components of any
(e) Rotation of miners shall not be non-approved engine to manufacturer
considered an acceptable administra- specifications; and
tive control used for compliance with (3) The operator must maintain any
the DPM standard. emission or particulate control device
[70 FR 32966, June 6, 2005; 70 FR 37901, June installed on the equipment in effective
30, 2005, as amended at 70 FR 55019, Sept. 19, operating condition.
2005; 71 FR 29011, 29012, May 18, 2006; 71 FR (b)(1) A mine operator must author-
36483, June 27, 2006] ize each miner operating diesel-pow-
ered equipment underground to affix a
57.5061 Compliance determinations. visible and dated tag to the equipment
(a) MSHA will use a single sample when the miner notes evidence that the
collected and analyzed by the Sec- equipment may require maintenance in
retary in accordance with the require- order to comply with the maintenance
ments of this section as an adequate standards of paragraph (a) of this sec-
basis for a determination of noncompli- tion. The term evidence means visible
ance with the DPM limit. smoke or odor that is unusual for that
(b) The Secretary will collect sam- piece of equipment under normal oper-
ples of DPM by using a respirable dust ating procedures, or obvious or visible
sampler equipped with a submicrom- defects in the exhaust emissions con-
eter impactor and analyze the samples trol system or in the engine affecting
for the amount of elemental carbon emissions.
using the method described in NIOSH (2) A mine operator must ensure that
Analytical Method 5040, except that any equipment tagged pursuant to this
the Secretary also may use any meth- section is promptly examined by a per-
ods of collection and analysis subse- son authorized to maintain diesel
quently determined by NIOSH to pro- equipment, and that the affixed tag not
vide equal or improved accuracy for be removed until the examination has
the measurement of DPM. been completed. The term promptly
means before the end of the next shift
(c) The Secretary will use full-shift
during which a qualified mechanic is
personal sampling for compliance de-
scheduled to work.
terminations.
(3) A mine operator must retain a log
[70 FR 32966, June 6, 2005] of any equipment tagged pursuant to
371
57.5067 30 CFR Ch. I (7115 Edition)
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 pursuant
after the date of any maintenance, and 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
40 CFR 86.0948(a)(1)(i)(A)(2) ................. light duty vehicle ...................................... 0.1 g/mile.

40 CFR 86.0949(a)(1)(i)(A)(2) ................. light duty truck ......................................... 0.1 g/mile.
40 CFR 86.09411(a)(1)(iv)(B) ................. heavy duty highway engine ..................... 0.1 g/bhp-hr.
40 CFR 89.112(a) ...................................... nonroad (tier, power range) .................... varies by power range:
tier 1 kW<8 (hp<11) ................................ 1.0 g/kW-hr (0.75 g/bhp-hr).
............................................................... tier 1 8kW<19 (11hp<25) .................... 0.80 g/kW-hr (0.60 g/bhp-hr).
............................................................... tier 1 19kW<37 (25hp<50) .................. 0.80 g/kW-hr (0.60 g/bhp-hr).
............................................................... tier 2 37kW<75 (50hp<100) ................ 0.40 g/kW-hr (0.30 g/bhp-hr).
............................................................... tier 2 75kW<130 (100hp<175) ............ 0.30 g/kW-hr (0.22 g/bhp-hr).
............................................................... tier 1 130kW<225 (175hp<300) .......... 0.54 g/kW-hr (0.40 g/bhp-hr).
............................................................... tier 1 kW560 (hp750) .......................... 0.54 g/kW-hr (0.40 g/bhp-hr).
NOTES:
g means grams.
hp means horsepower.
g/bhp-hr means grams/brake horsepower-hour.
kW means kilowatt.
g/kW-hr means grams/kilowatt-hour.
(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.
(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]
372
57.5070 Miner training. (c) If any monitoring performed

(a) Mine operators must provide an- under this section indicates that a
nual training to all miners at a mine miners exposure to diesel particulate
covered by this part who can reason- matter exceeds the DPM limit specified
ably be expected to be exposed to diesel in 57.5060, the operator must promptly
emissions on that property. The train- post notice of the corrective action
ing must include being taken on the mine bulletin
(1) The health risks associated with board, initiate corrective action by the
exposure to diesel particulate matter; next work shift, and promptly com-
(2) The methods used in the mine to plete such corrective action.
control diesel particulate matter con- (d)(1) The results of monitoring for
centrations; diesel particulate matter, including
(3) Identification of the personnel re- any results received by a mine operator
sponsible for maintaining those con- from sampling performed by the Sec-
trols; and retary, must be posted on the mine bul-
(4) Actions miners must take to en- letin board within 15 days of receipt
sure the controls operate as intended. and must remain posted for 30 days.
(b) An operator must retain a record The operator must provide a copy of
at the mine site of the training re- the results to the authorized represent-
quired by this section for one year ative of miners.
after completion of the training. (2) The mine operator must retain for
five years (from the date of sampling),
57.5071 Exposure monitoring. the results of any samples the operator
(a) Mine operators must monitor as collected as a result of monitoring
often as necessary to effectively deter- under this section, and information
mine, under conditions that can be rea- about the sampling method used for ob-
sonably anticipated in the mine, taining the samples.
whether the average personal full-shift
[70 FR 32966, June 6, 2005]
airborne exposure to DPM exceeds the
DPM limit specified in 57.5060.
57.5075 Diesel particulate records.
(b) The mine operator must provide
affected miners and their representa- (a) The table entitled Diesel Partic-
tives with an opportunity to observe ulate Matter Recordkeeping Require-
exposure monitoring required by this ments lists the records the operator
section. Mine operators must give prior must maintain pursuant to 57.5060
notice to affected miners and their rep- through 57.5071, and the duration for
resentatives of the date and time of in- which particular records need to be re-
tended monitoring. tained.
TABLE 57.5075(a)DIESEL PARTICULATE RECORDKEEPING REQUIREMENTS
Section
Record Retention time
reference
1. Approved application for extension of time to 57.5060(c) ............... Duration of extension.

comply with exposure limits.
2. Identity of PLHCP and most recent written de- 57.5060(d) ............... Duration of miners employment plus 6 months.
termination of miners ability to wear a respirator.
3. Purchase records noting sulfur content of diesel 57.5065(a) ............... 1 year beyond date of purchase.
fuel.
4. Maintenance log .................................................. 57.5066(b) ............... 1 year after date any equipment is tagged.
5. Evidence of competence to perform mainte- 57.5066(c) ............... 1 year after date maintenance performed.
nance.
6. Annual training provided to potentially exposed 57.5070(b) ............... 1 year beyond date training completed.
miners.
7. Record of corrective action ................................. 57.5071(c) ............... Until the corrective action is completed.
8. Sampling method used to effectively evaluate a 57.5071(d) ............... 5 years from sample date.
miners personal exposure, and sample results.
373
57.6000 30 CFR Ch. I (7115 Edition)
(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.
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]
374
STORAGESURFACE AND UNDERGROUND eral, State, or local authorities for

over-the-road use. Facilities other than
57.6100 Separation of stored explo- magazines used to store blasting
sive material. agents shall contain only blasting
(a) Detonators shall not be stored in agents.
the same magazine with other explo- (c) Bulk blasting agents shall be
sive material. stored in weather-resistant bins or
(b) When stored in the same maga- tanks which are locked, attended, or
zine, blasting agents shall be separated otherwise inaccessible to unauthorized
from explosives, safety fuse, and deto- entry.
nating cord to prevent contamination. (d) Facilities, bins or tanks shall be
posted with the appropriate United
57.6101 Areas around explosive mate- States Department of Transportation
rial storage facilities.
placards or other appropriate warning
(a) Areas surrounding storage facili- signs that indicate the contents and
ties for explosive material shall be are visible from each approach.
clear of rubbish, brush, dry grass, and
trees for 25 feet in all directions, except 57.6131 Location of explosive mate-
that live trees 10 feet or taller need not rial storage facilities.
be removed. (a) Storage facilities for any explo-
(b) Other combustibles shall not be sive material shall be
stored or allowed to accumulate within (1) Located so that the forces gen-
50 feet of explosive material. Combus- erated by a storage facility explosion
tible liquids shall be stored in a man- will not create a hazard to occupants
ner that ensures drainage will occur in mine buildings and will not damage
away from the explosive material stor- dams or electric substations; and
age facility in case of tank rupture. (2) Detached structures located out-
side the blast area and a sufficient dis-
57.6102 Explosive material storage
practices. tance from powerlines so that the
powerlines, if damaged, would not con-
(a) Explosive material shall be tact the magazines.
(1) Stored in a manner to facilitate (b) Operators should also be aware of
use of oldest stocks first; regulations affecting storage facilities
(2) Stored according to brand and in 27 CFR part 55, in particular, 27 CFR
grade in such a manner as to facilitate 55.218 and 55.220. This document is
identification; and available at any MSHA Metal and
(3) Stacked in a stable manner but Nonmetal Safety and Health district
not more than 8 feet high. office.
(b) Explosives and detonators shall be
stored in closed nonconductive con- 57.6132 Magazine requirements.
tainers except that nonelectric deto-
nating devices may be stored on non- (a) Magazines shall be
conductive racks provided the case-in- (1) Structurally sound;
sert instructions and the date-plant- (2) Noncombustible or the exterior
shift code are maintained with the covered with fire-resistant material;
product. (3) Bullet resistant;
(4) Made of nonsparking material on
STORAGESURFACE ONLY the inside;
(5) Ventilated to control dampness
57.6130 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;
375
57.6133 30 CFR Ch. I (7115 Edition)
(8) Unlighted or lighted by devices other Explosive Materials, (May 1993),

that are specifically designed for use in and the Generic Loading Guide for the
magazines and which do not create a IME22 Container, (October 1993). This
fire or explosion hazard; incorporation by reference has been ap-
(9) Unheated or heated only with de- proved by the Director of the Federal
vices that do not create a fire or explo- Register in accordance with 5 U.S.C.
sion hazard; 552(a) and 1 CFR part 51. Copies are
(10) Locked when unattended; and available at MSHA, 1100 Wilson Blvd.,
(11) Used exclusively for the storage Room 2436, Arlington, Virginia 22209
of explosive material except for essen- 3939, and at all Metal and Nonmetal
tial nonsparking equipment used for Mine Safety and Health district offices,
the operation of the magazine. or available for inspection at the Na-
(b) Metal magazines shall be tional Archives and Records Adminis-
equipped with electrical bonding con- tration (NARA). For information on
nections between all conductive por- the availability of this material at
tions so the entire structure is at the NARA, call 2027416030, or go to: http://
same electrical potential. Suitable www.archives.gov/federallregister/
electrical bonding methods include codeloflfederallregulations/
welding, riveting, or the use of securely ibrllocations.html.
tightened bolts where individual metal
portions are joined. Conductive por- FR 38385, June 4, 2002]
tions of nonmetal magazines shall be
grounded. STORAGEUNDERGROUND ONLY
(c) Electrical switches and outlets
shall be located on the outside of the 57.6160 Main facilities.
magazine. (a) Main facilities used to store ex-
plosive material underground shall be
57.6133 Powder chests. located
(a) Powder chests (day boxes) shall (1) In stable or supported ground;
be (2) So that a fire or explosion in the
(1) Structurally sound, weather-re- storage facilities will not prevent es-
sistant, equipped with a lid or cover, cape from the mine, or cause detona-
and with only nonsparking material on tion of the contents of another storage
the inside; facility;
(2) Posted with the appropriate (3) Out of the line of blasts, and pro-
United States Department of Transpor- tected from vehicular traffic, except
tation placards or other appropriate that accessing the facility;
warning signs that indicate the con- (4) At least 200 feet from work places
tents and are visible from each ap- or shafts;
proach; (5) At least 50 feet from electric sub-
(3) Located out of the blast area once stations;
loading has been completed; (6) A safe distance from trolley wires;
(4) Locked or attended when con- and
taining explosive material; and (7) At least 25 feet from detonator
(5) Emptied at the end of each shift storage facilities.
with the contents returned to a maga- (b) Main facilities used to store ex-
zine or other storage facility, or at- plosive material underground shall
tended. be
(b) Detonators shall be kept in chests (1) Posted with warning signs that in-
separate from explosives or blasting dicate the contents and are visible
agents, unless separated by 4-inches of from any approach;
hardwood or equivalent, or a laminated (2) Used exclusively for the storage of
partition. When a laminated partition explosive material and necessary
is used, operators must follow the pro- equipment associated with explosive
visions of the Institute of Makers of material storage and delivery:
Explosives (IME) Safety Library Publi- (i) Portions of the facility used for
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.
376
(ii) The blasting agent portion of the TRANSPORTATIONSURFACE AND

facility may be used for the storage of UNDERGROUND
other necessary equipment;
(3) Kept clean, suitably dry, and or- 57.6200 Delivery to storage or blast
site areas.
derly;
(4) Provided with unobstructed ven- Explosive material shall be trans-
tilation openings; ported without undue delay to the stor-
(5) Kept securely locked unless all ac- age area or blast site.
cess to the mine is either locked or at-
tended; and 57.6201 Separation of transported ex-
plosive material.
(6) Unlighted or lighted only with de-
vices that do not create a fire or explo- Detonators shall not be transported
sion hazard and which are specifically on the same vehicle or conveyance
designed for use in magazines. with other explosives except as follows:
(c) Electrical switches and outlets (a) Detonators in quantities of more
shall be located outside the facility. than 1,000 may be transported in a ve-
hicle or conveyance with explosives or
57.6161 Auxiliary facilities. blasting agents provided the deto-
nators are
(a) Auxiliary facilities used to store
(1) Maintained in the original pack-
explosive material near work places aging as shipped from the manufac-
shall be wooden, box-type containers turer; and
equipped with covers or doors, or facili-
(2) Separated from explosives or
ties constructed or mined-out to pro- blasting agents by 4 inches of hardwood
vide equivalent impact resistance and or equivalent, or a laminated partition.
confinement. The hardwood or equivalent shall be
(b) The auxiliary facilities shall be fastened to the vehicle or conveyance.
(1) Constructed of nonsparking mate- When a laminated partition is used, op-
rial on the inside when used for the erators must follow the provisions of
storage of explosives; the Institute of Makers of Explosives
(2) Kept clean, suitably dry, and or- (IME) Safety Library Publication No.
derly; 22, Recommendations for the Safe
(3) Kept in repair; Transportation of Detonators in a Ve-
(4) Located out of the line of blasts so hicle with other Explosive Materials
they will not be subjected to damaging (May 1993), and the Generic Loading
shock or flyrock; Guide for the IME22 Container (Octo-
(5) Identified with warning signs or ber 1993). This incorporation by ref-
coded to indicate the contents with erence has been approved by the Direc-
tor of the Federal Register in accord-
markings visible from any approach;
ance with 5 U.S.C. 552(a) and 1 CFR
(6) Located at least 15 feet from all part 51. Copies are available at MSHA,
haulageways and electrical equipment, 1100 Wilson Blvd., Room 2436, Arling-
or placed entirely within a mined-out ton, Virginia 222093939, and at all
recess in the rib used exclusively for Metal and Nonmetal Mine Safety and
explosive material; Health district offices, or available for
(7) Filled with no more than a one- examination at the National Archives
week supply of explosive material; and Records Administration (NARA).
(8) Separated by at least 25 feet from For information on the availability of
other facilities used to store deto- this material at NARA, call 202741
nators; and 6030, or go to: http://www.archives.gov/
(9) Kept securely locked unless all ac- federallregister/
cess to the mine is either locked or at- codeloflfederallregulations/
tended. ibrllocations.html.
(b) Detonators in quantities of 1,000
or fewer may be transported with ex-
plosives or blasting agents provided the

detonators are
(1) Kept in closed containers; and
377
57.6202 30 CFR Ch. I (7115 Edition)
(2) Separated from explosives or (7) Attended or the cargo compart-

blasting agents by 4 inches of hardwood ment locked at surface areas of under-
or equivalent, or a laminated partition. ground mines, except when parked at
The hardwood or equivalent shall be the blast site and loading is in
fastened to the vehicle or conveyance. progress; and
When a laminated partition is used, op- (8) Secured while parked by having
erators must follow the provisions of (i) The brakes set;
IME Safety Library Publication No. 22, (ii) The wheels chocked if movement
Recommendations for the Safe Trans- could occur; and
portation of Detonators in a Vehicle
(iii) The engine shut off unless
with other Explosive Materials (May
1993), and the Generic Loading Guide powering a device being used in the
for the IME22 Container (October loading operation.
1993). This incorporation by reference (b) Vehicles containing explosives
has been approved by the Director of shall have
the Federal Register in accordance (1) No sparking material exposed in
with 5 U.S.C. 552(a) and 1 CFR part 51. the cargo space; and
Copies are available at MSHA, 1100 Wil- (2) Only properly secured non-
son Blvd., Room 2436, Arlington, Vir- sparking equipment in the cargo space
ginia 222093939, and at all Metal and with the explosives.
Nonmetal Mine Safety and Health dis- (c) Vehicles used for dispensing bulk
trict offices, or available for examina- explosive material shall
tion at the National Archives and (1) Have no zinc or copper exposed in
Records Administration (NARA). For the cargo space; and
information on the availability of this (2) Provide any enclosed screw-type
material at NARA, call 2027416030, or conveyors with protection against in-
go to: http://www.archives.gov/ ternal pressure and frictional heat.
federallregister/
codeloflfederallregulations/ 57.6203 Locomotives.
ibrllocations.html.
Explosive material shall not be
[61 FR 36801, July 12, 1996, as amended at 67 transported on a locomotive. When ex-
FR 38385, June 4, 2002] plosive material is hauled by trolley
locomotive, covered, electrically insu-
57.6202 Vehicles.
lated cars shall be used.
(a) Vehicles containing explosive ma-
terial shall be 57.6204 Hoists.
(1) Maintained in good condition and (a) Before explosive material is
shall comply with the requirements of transported in hoist conveyances
subpart M of this part;
(1) The hoist operator shall be noti-
(2) Equipped with sides and enclo-
fied; and
sures higher than the explosive mate-
rial being transported or have the ex- (2) Hoisting in adjacent shaft com-
plosive material secured to a non- partments, except for empty convey-
conductive pallet; ances or counterweights, shall be
(3) Equipped with a cargo space that stopped until transportation of the ex-
shall contain the explosive material plosive material is completed.
(passenger areas shall not be consid- (b) Explosive material transported in
ered cargo space); hoist conveyances shall be placed with-
(4) Equipped with at least two multi- in a container which prevents shifting
purpose dry-chemical fire extin- of the cargo that could cause detona-
guishers or one such extinguisher and tion of the container by impact or by
an automatic fire suppression system; sparks. The manufacturers container
(5) Posted with warning signs that in- may be used if secured to a nonconduc-
dicate the contents and are visible tive pallet. When explosives are trans-
from each approach; ported, they shall be secured so as not
to contact any sparking material.
(6) Occupied only by persons nec-

essary for handling the explosive mate- (c) No explosive material shall be
rial; transported during a mantrip.
378
57.6205 Conveying explosives by from impact. Slit packages of prill,

hand. water gel, or emulsions are not consid-
Closed, nonconductive containers ered rigid cartridges and may be drop
shall be used to carry explosives and loaded.
detonators to and from blast sites. Sep-
arate containers shall be used for ex- 57.6305 Unused explosive material.
plosives and detonators. Unused explosive material shall be
moved to a protected location as soon
USESURFACE AND as practical after loading operations
UNDERGROUND are completed.
57.6300 Control of blasting oper-
ations. 57.6306 Loading, blasting, and secu-
rity.
(a) Only persons trained and experi-
enced in the handling and use of explo- (a) When explosive materials or initi-
sive material shall direct blasting op- ating systems are brought to the blast
erations and related activities. site, the blast site shall be attended;
(b) Trainees and inexperienced per- barricaded and posted with warning
sons shall work only in the immediate signs, such as Danger, Explosives,
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
57.6301 Blasthole obstruction check. initiating systems in a manner which
Before loading, blastholes shall be could contact the material or system,
checked and, wherever possible, cleared or create other hazards.
of obstructions. (c) Once loading begins, the only ac-
tivities permitted within the blast site
57.6302 Separation of explosive mate- shall be those activities directly re-
rial.
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
exercised. Haulage activity is per-
mitted near the base of bench faces
(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- blast fired as soon as possible following
tained securely and appropriately for the completion of loading. If blasting a
its design in the tunnel or cap well.
loaded round may be delayed for more
(c) When using detonating cord to
than 72 hours, the operator shall notify
initiate another explosive, a connec-
the appropriate MSHA district office.
tion shall be prepared with the deto-
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
57.6304 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
allow all persons to be evacuated;
not be dropped on the primer except

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
379
57.6307 30 CFR Ch. I (7115 Edition)
(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
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.
380
57.6404 Separation of blasting cir- (1) Continuity of each electric deto-

cuits from power source. nator series; and
(a) Switches used to connect the (2) Continuity of blasting lines prior
power source to a blasting circuit shall to the connection of electric deto-
be locked in the open position except nators.
when closed to fire the blast.
(b) Lead wires shall not be connected NONELECTRIC BLASTINGSURFACE AND
to the blasting switch until the shot is UNDERGROUND
ready to be fired.
57.6500 Damaged initiating material.
57.6405 Firing devices. A visual check of the completed cir-
(a) Power sources shall be capable of cuit shall be made to ensure that the
delivering sufficient current to ener- components are properly aligned and
gize all electric detonators to be fired connected. Safety fuse, igniter cord,
with the type of circuits used. Storage detonating cord, shock or gas tubing,
or dry cell batteries are not permitted and similar material which is kinked,
as power sources. bent sharply, or damaged shall not be
(b) Blasting machines shall be tested, used.
repaired, and maintained in accordance
with manufacturers instructions. 57.6501 Nonelectric initiation sys-
(c) Only the blaster shall have the tems.
key or other control to an electrical
(a) When the nonelectric initiation
firing device.
system uses shock tube
57.6406 Duration of current flow. (1) Connections with other initiation
If any part of a blast is connected in devices shall be secured in a manner
parallel and is to be initiated from which provides for uninterrupted prop-
powerlines or lighting circuits, the agation;
time of current flow shall be limited to (2) Factory-made units shall be used
a maximum of 25 milliseconds. This as assembled and shall not be cut ex-
can be accomplished by incorporating cept that a single splice is permitted
an arcing control device in the blasting on the lead-in trunkline during dry
circuit or by interrupting the circuit conditions; and
with an explosive device attached to (3) Connections between blastholes
one or both lead lines and initiated by shall not be made until immediately
a 25-millisecond delay electric deto- prior to clearing the blast site when
nator. surface delay detonators are used.
(b) When the nonelectric initiation
system uses detonating cord
A blasting galvanometer or other in- (1) The line of detonating cord ex-
strument designed for testing blasting tending out of a blasthole shall be cut
circuits shall be used to test the fol- from the supply spool immediately
lowing: after the attached explosive is cor-
(a) In surface operations rectly positioned in the hole;
(1) Continuity of each electric deto-
(2) In multiple row blasts, the trunk-
nator in the blasthole prior to stem-
line layout shall be designed so that
ming and connection to the blasting
the detonation can reach each
line;
(2) Resistance of individual series or blasthole from at least two directions;
the resistance of multiple balanced se- (3) Connections shall be tight and
ries to be connected in parallel prior to kept at right angles to the trunkline;
their connection to the blasting line; (4) Detonators shall be attached se-
(3) Continuity of blasting lines prior curely to the side of the detonating
to the connection of electric detonator cord and pointed in the direction in
series; and which detonation is to proceed;
(4) Total blasting circuit resistance (5) Connections between blastholes
prior to connection to the power shall not be made until immediately

source. prior to clearing the blast site when
(b) In underground operations surface delay detonators are used; and
381
57.6502 30 CFR Ch. I (7115 Edition)
(6) Lead-in lines shall be manually EXTRANEOUS ELECTRICITYSURFACE

unreeled if connected to the trunklines AND UNDERGROUND
at the blast site.
(c) When nonelectric initiation sys- 57.6600 Loading practices.
tems use gas tube, continuity of the If extraneous electricity is suspected
circuit shall be tested prior to blasting. in an area where electric detonators
are used, loading shall be suspended
57.6502 Safety fuse.
until tests determine that stray cur-
(a) The burning rate of each spool of rent does not exceed 0.05 amperes
safety fuse to be used shall be meas- through a 1-ohm resister when meas-
ured, posted in locations which will be ured at the location of the electric det-
conspicuous to safety fuse users, and onators. If greater levels of extraneous
brought to the attention of all persons electricity are found, the source shall
involved with the blasting operation. be determined and no loading shall
(b) When firing with safety fuse ig- take place until the condition is cor-
nited individually using handheld rected.
lighters, the safety fuse shall be of
lengths which provide at least the min- 57.6601 Grounding.
imum burning time for a particular
Electric blasting circuits, including
size round, as specified in the following
powerline sources when used, shall not
table:
be grounded.
TABLE E1SAFETY FUSEMINIMUM BURNING
TIME 57.6602 Static electricity dissipation
during loading.
Minimum When explosive material is loaded
Number of holes in a round burning time
pneumatically into a blasthole in a
1 ......................................................... 2min. 1 manner that generates a static elec-
25 ..................................................... 2 min. 40 sec.
610 ................................................... 3 min. 20 sec.
tricity hazard
11 to 15 ............................................. 5 min. (a) An evaluation of the potential
1 For example, at least a 36-inch length of 40-second-per- static electricity hazard shall be made
foot safety fuse or at least a 48-inch length of 30-second-per- and any hazard shall be eliminated be-
foot safety fuse would have to be used to allow sufficient time
to evacuate the area. fore loading begins;
(b) The loading hose shall be of a
(c) Where flyrock might damage ex- semiconductive type, have a total of
posed safety fuse, the blast shall be not more than 2 megohms of resistance
timed so that all safety fuses are burn- over its entire length and not less than
ing within the blastholes before any 1000 ohms of resistance per foot;
blasthole detonates. (c) Wire-countered hoses shall not be
(d) Fuse shall be cut and capped in used;
dry locations.
(d) Conductive parts of the loading
(e) Blasting caps shall be crimped to
equipment shall be bonded and ground-
fuse only with implements designed for
ed and grounds shall not be made to
that purpose.
other potential sources of extraneous
(f) Safety fuse shall be ignited only
after the primer and the explosive ma- electricity; and
terial are securely in place. (e) Plastic tubes shall not be used as
(g) Safety fuse shall be ignited only hole liners if the hole contains an elec-
with devices designed for that purpose. tric detonator.
Carbide lights, liquefied petroleum gas 57.6603 Air gap.
torches, and cigarette lighters shall
not be used to light safety fuse. At least a 15-foot air gap shall be pro-
(h) At least two persons shall be vided between the blasting circuit and
present when lighting safety fuse, and the electric power source.
no one shall light more than 15 indi-
vidual fuses. If more than 15 holes per 57.6604 Precautions during storms.
person are to be fired, electric initi- During the approach and progress of
ation systems, igniter cord and connec- an electrical storm

tors, or other nonelectric initiation (a) Surface blasting operations shall
systems shall be used. be suspended and persons withdrawn
382
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 retain 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-
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
383
57.6902 30 CFR Ch. I (7115 Edition)
until the granules have disintegrated GENERAL REQUIREMENTS

completely. UNDERGROUND ONLY
(e) Misfires shall be disposed of by
washing the stemming and powder 57.6960 Mixing of explosive material.
charge from the blasthole, and remov- (a) The mixing of ingredients to
ing and disposing of the initiator in ac- produce explosive material shall not be
cordance with the requirement for conducted underground unless prior ap-
damaged explosives.
proval of the MSHA district manager is
(f) Holes shall not be reloaded for at
obtained. In granting or withholding
least 12 hours when the blastholes have
failed to break as planned. approval, the district manager shall
consider the potential hazards created
57.6902 Excessive temperatures. by
(a) Where heat could cause premature (1) The location of the stored mate-
detonation, explosive material shall rial and the storage practices used;
not be loaded into hot areas, such as (2) The transportation and use of the
kilns or sprung holes. explosive material;
(b) When blasting sulfide ores where (3) The nature of the explosive mate-
hot holes occur that may react with rial, including its sensitivity;
explosive material in blastholes, opera- (4) Any other factor deemed relevant
tors shall to the safety of miners potentially ex-
(1) Measure an appropriate number of posed to the hazards associated with
blasthole temperatures in order to as- the mixing of the bulk explosive mate-
sess the specific mine conditions prior rial underground.
to the introduction of explosive mate- (b) Storage facilities for the ingredi-
rial;
ents to be mixed shall provide drainage
(2) Limit the time between the com-
away from the facilities for leaks and
pletion of loading and the initiation of
the blast to no more than 12 hours; and spills.
(3) Take other special precautions to
address the specific conditions at the Subpart FDrilling and Rotary Jet
mine to prevent premature detonation. Piercing
57.6903 Burning explosive material. DRILLINGSURFACE ONLY
If explosive material is suspected of
burning at the blast site, persons shall 57.7002 Equipment defects.
be evacuated from the endangered area Equipment defects affecting safety
and shall not return for at least one shall be corrected before the equipment
hour after the burning or suspected is used.
burning has stopped.
57.7003 Drill area inspection.
57.6904 Smoking and open flames.
The drilling area shall be inspected
Smoking and use of open flames shall
for hazards before starting the drilling
not be permitted within 50 feet of ex-
operations.
plosive material except when separated
by permanent noncombustible barriers. 57.7004 Drill mast.
This standard does not apply to devices
designed to ignite safety fuse or to Persons shall not be on a mast while
heating devices which do not create a the drill-bit is in operation unless they
fire or explosion hazard. are provided with a safe platform from
which to work and they are required to
57.6905 Protection of explosive mate- use safety belts to avoid falling.
rial.
(a) Explosive material shall be pro- 57.7005 Augers and drill stems.
tected from temperatures in excess of Drill crews and others shall stay
150 degrees Fahrenheit. clear of augers or drill stems that are
(b) Explosive material shall be pro-

in motion. Persons shall not pass under
tected from impact, except for tamping
or step over a moving stem or auger.
and dropping during loading.
384
57.7008 Moving the drill. 57.7051 Loose objects on the mast or

drill platform.
When a drill is being moved from one
drilling area to another, drill steel, To prevent injury to personnel, tools
tools, and other equipment shall be se- and other objects shall not be left loose
cured and the mast placed in a safe po- on the mast or drill platform.
sition.
57.7009 Drill helpers. Persons shall not drill from
If a drill helper assists the drill oper- (a) Positions which hinder their ac-
ator during movement of a drill to a cess to the control levers;
new location, the helper shall be in (b) Insecure footing or insecure stag-
sight of, or in communication with, the ing; or
operator at all times. (c) Atop equipment not suitable for
drilling.
In the event of power failure, drill 57.7053 Moving hand-held drills.
controls shall be placed in the neutral Before hand-held drills are moved
position until power is restored. from one working area to another, air
shall be turned off and bled from the
57.7011 Straightening crossed cables. hose.
The drill stem shall be resting on the
bottom of the hole or on the platform 57.7054 Starting or moving drill
with the stem secured to the mast be- equipment.
fore attempts are made to straighten a Drill operators shall not start or
crossed cable on a reel. move drilling equipment unless all
miners are in the clear.
While in operation, drills shall be at- 57.7055 Intersecting holes.
tended at all times. Holes shall not be drilled where there
is a danger of intersecting a misfired
57.7013 Covering or guarding drill hole or a hole containing explosives,
holes. blasting agents, or detonators.
Drill holes large enough to constitute [56 FR 46517, Sept. 12, 1991; 56 FR 52193, Oct.
a hazard shall be covered or guarded. 18, 1991]
57.7018 Hand clearance. 57.7056 Collaring in bootlegs.
Persons shall not hold the drill steel Holes shall not be collared in boot-
while collaring holes, or rest their legs.
hands on the chuck or centralizer while
drilling. [56 FR 46517, Sept. 12, 1991]
DRILLINGUNDERGROUND ONLY ROTARY JET PIERCINGSURFACE ONLY
57.7028 Hand clearance. 57.7801 Jet drills.

Persons shall not rest their hands on Jet piercing drills shall be provided
the chuck or centralizer while drilling. with:
(a) A system to pressurize the equip-
57.7032 Anchoring. ment operators cab, when a cab is pro-
Columns and the drills mounted on vided; and
them shall be anchored firmly before (b) A protective cover over the oxy-
and during drilling. gen flow indicator.
DRILLINGSURFACE AND UNDERGROUND 57.7802 Oxygen hose lines.

Safety chains or other suitable lock-
57.7050 Tool and drill steel racks. ing devices shall be provided across
Receptacles or racks shall be pro- connections to and between high pres-

vided for drill steel and tools stored or sure oxygen hose lines of 1-inch inside
carried on drills. diameter or larger.
385
57.7803 30 CFR Ch. I (7115 Edition)
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
or adjustments. (d) of this standard.

(b) In the event of main or booster (5) Locations of air regulators and
fan failure due to a malfunction, acci- stoppings and ventilation doors not
386
shown in paragraph (d) of this stand- 57.8528 Unventilated areas.

ard; Unventilated areas shall be sealed, or
(6) Locations of overcasts, undercasts barricaded and posted against entry.
and other airway crossover devices not
shown in paragraph (d) of this stand- 57.8529 Auxiliary fan systems.
ard; When auxiliary fan systems are used,
(7) Locations of known oil or gas such systems shall minimize recircula-
wells; tion and be maintained to provide ven-
(8) Locations of known underground tilation air that effectively sweeps the
mine openings adjacent to the mine; working places.
(9) Locations of permanent under-
ground shops, diesel fuel storage de- 57.8531 Construction and mainte-
pots, oil fuel storage depots, hoist nance of ventilation doors.
rooms, compressors, battery charging Ventilation doors shall be
stations and explosive storage facili- (a) Substantially constructed;
ties. Permanent facilities are those in- (b) Covered with fire-retardant mate-
tended to exist for one year or more; rial, if constructed of wood;
and (c) Maintained in good condition;
(10) Significant changes in the ven- (d) Self-closing, if manually oper-
tilation system projected for one year. ated; and
(c) Mine fan data for all active main (e) Equipped with audible or visual
and booster fans including manufactur- warning devices, if mechanically oper-
ers name, type, size, fan speed, blade ated.
setting, approximate pressure at
57.8532 Opening and closing ventila-
present operating point, and motor tion doors.
brake horsepower rating.
(d) Diagrams, descriptions or When ventilation control doors are
sketches showing how ventilation is opened as a part of the normal mining
accomplished in each typical type of cycle, they shall be closed as soon as
working place including the approxi- possible to re-establish normal ventila-
mate quantity of air provided, and typ- tion to working places.
ical size and type of auxiliary fans 57.8534 Shutdown or failure of auxil-
used. iary fans.
(e) The number and type of internal (a) Auxiliary fans installed and used
combustion engine units used under- to ventilate the active workings of the
ground, including make and model of mine shall be operated continuously
unit, type of engine, make and model while persons are underground in the
of engine, brake horsepower rating of active workings, except for scheduled
engine, and approval number. production-cycle shutdowns or planned
[50 FR 4082, Jan. 29, 1985, as amended at 60 or scheduled fan maintenance or fan
FR 33723, June 29, 1995] adjustments where air quality is main-
tained in compliance with the applica-
57.8525 Main fan maintenance. ble standards of subpart D of this part,
Main fans shall be maintained ac- and all persons underground in the af-
cording to either the manufacturers fected areas are advised in advance of
recommendations or a written periodic such scheduled or planned fan shut-
schedule adopted by the operator which downs, maintenance, or adjustments.
shall be available at the operation on (b) In the event of auxiliary fan fail-
request of the Secretary or his author- ure due to malfunction, accident,
ized representative. power failure, or other such unplanned
or unscheduled event:
[50 FR 4082, Jan. 29, 1985, as amended at 60 (1) The air quality in the affected ac-
FR 33723, June 29, 1995] tive workings shall be tested at least
within 2 hours of the discovery of the
57.8527 Oxygen-deficiency testing. fan failure, and at least every 4 hours
Flame safety lamps or other suitable thereafter by a competent person for

devices shall be used to test for acute compliance with the requirements of
oxygen deficiency. the applicable standards of subpart D
387
57.8535 30 CFR Ch. I (7115 Edition)
of this part until normal ventilation is 57.9103 Clearance on adjacent tracks.

restored, or Railcars shall not be left on side
(2) All persons, except those working tracks unless clearance is provided for
on the fan, shall be withdrawn, the traffic on adjacent tracks.
ventilation shall be restored to normal
and the air quality in the affected ac- 57.9104 Railroad crossings.
tive workings shall be tested by a com- Designated railroad crossings shall
petent person to assure that the air be posted with warning signs or sig-
quality meets the requirements of the nals, or shall be guarded when trains
standards in subpart D of this part, be- are passing. These crossings shall also
fore any other persons are permitted to be planked or filled between the rails.
enter the affected active workings.
57.9160 Train movement during shift
57.8535 Seals. changes.
Seals shall be provided with a means During shift changes, the movement
of underground trains carrying rock or
for checking the quality of air behind
material shall be limited to areas
the seal and a means to prevent a
where the trains do not present a haz-
water head from developing unless the ard to persons changing shifts.
seal is designed to impound water.
TRANSPORTATION OF PERSONS AND
Subpart HLoading, Hauling, and MATERIALS
Dumping 57.9200 Transporting persons.
Persons shall not be transported
SOURCE: 53 FR 32526, Aug. 25, 1988, unless
(a) In or on dippers, forks, clam-
otherwise noted.
shells, or buckets except shaft buckets
TRAFFIC SAFETY during shaft-sinking operations or dur-
ing inspection, maintenance and repair
57.9100 Traffic control. of shafts.
(b) In beds of mobile equipment or
To provide for the safe movement of railcars, unless
self-propelled mobile equipment (1) Provisions are made for secure
(a) Rules governing speed, right-of- travel, and
way, direction of movement, and the (2) Means are taken to prevent acci-
use of headlights to assure appropriate dental unloading if the equipment is
visibility, shall be established and fol- provided with unloading devices;
lowed at each mine; and (c) On top of loads in mobile equip-
(b) Signs or signals that warn of haz- ment;
ardous conditions shall be placed at ap- (d) Outside cabs, equipment opera-
propriate locations at each mine. tors stations, and beds of mobile
equipment, except when necessary for
57.9101 Operating speeds and control maintenance, testing, or training pur-
of equipment. poses, and provisions are made for se-
Operators of self-propelled mobile cure travel. This provision does not
apply to rail equipment.
equipment shall maintain control of
(e) Between cars of trains, on the
the equipment while it is in motion.
leading end of trains, on the leading
Operating speeds shall be consistent
end of a single railcar, or in other loca-
with conditions of roadways, tracks, tions on trains that expose persons to
grades, clearance, visibility, and traf- hazards from train movement.
fic, and the type of equipment used. (1) This paragraph does not apply to
car droppers if they are secured with
57.9102 Movement of independently
safety belts and lines which prevent
operating rail equipment.
them from falling off the work plat-
Movement of two or more pieces of form.
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
388
leading end of trains or other locations cle to overturn or endanger persons in

when necessary to perform their du- equipment.
ties; (b) Berms or guardrails shall be at
(f) To and from work areas in over- least mid-axle height of the largest
crowded mobile equipment; self-propelled mobile equipment which
(g) In mobile equipment with mate- usually travels the roadway.
rials or equipment unless the items are (c) Berms may have openings to the
secured or are small and can be carried extent necessary for roadway drainage.
safely by hand without creating a haz- (d) Where elevated roadways are in-
ard to persons; or frequently traveled and used only by
(h) On conveyors unless the con- service or maintenance vehicles, berms
veyors are designed to provide for their or guardrails are not required when all
safe transportation. of the following are met:
(1) Locked gates are installed at the
57.9201 Loading, hauling, and un- entrance points to the roadway.
loading of equipment or supplies.
(2) Signs are posted warning that the
Equipment and supplies shall be load- roadway is not bermed.
ed, transported, and unloaded in a (3) Delineators are installed along
manner which does not create a hazard the perimeter of the elevated roadway
to persons from falling or shifting so that, for both directions of travel,
equipment or supplies. the reflective surfaces of at least three
delineators along each elevated shoul-
57.9202 Loading and hauling large
rocks. der are always visible to the driver and
spaced at intervals sufficient to indi-
Large rocks shall be broken before cate the edges and attitude of the road-
loading if they could endanger persons way.
or affect the stability of mobile equip- (4) A maximum speed limit is posted
ment. Mobile equipment used for haul- and observed for the elevated unbermed
age of mined material shall be loaded portions of the roadway. Factors to
to minimize spillage where a hazard to consider when establishing the max-
persons could be created. imum speed limit shall include the
width, slope and alignment of the road,
57.9260 Supplies, materials, and tools
on mantrips. the type of equipment using the road,
the road material, and any hazardous
Supplies, materials, and tools, other conditions which may exist.
than small items that can be carried by (5) Road surface traction is not im-
hand, shall not be transported under- paired by weather conditions, such as
ground with persons in mantrips. sleet and snow, unless corrective meas-
Mantrips shall be operated independ- ures, such as the use of tire chains,
ently of ore or supply trips. plowing, or sanding, are taken to im-
prove traction.
57.9261 Transporting tools and mate-
rials on locomotives. (e) This standard is not applicable to
rail beds.
Tools or materials shall not be car-
ried on top of locomotives underground [53 FR 32526, Aug. 25, 1988, as amended at 55
except for secured rerailing devices lo- FR 37218, Sept. 7, 1990]
cated in a manner which does not cre-
57.9301 Dump site restraints.
ate a hazard to persons.
Berms, bumper blocks, safety hooks,
SAFETY DEVICES, PROVISIONS, AND PRO- or similar impeding devices shall be
CEDURES FOR ROADWAYS, RAILROADS, provided at dumping locations where
AND LOADING AND DUMPING SITES there is a hazard of overtravel or over-
turning.
57.9300 Berms or guardrails.
(a) Berms or guardrails shall be pro- 57.9302 Protection against moving or
runaway railroad equipment.
vided and maintained on the banks of

roadways where a drop-off exists of suf- Stopblocks, derail devices, or other
ficient grade or depth to cause a vehi- devices that protect against moving or
389
57.9303 30 CFR Ch. I (7115 Edition)
runaway rail equipment shall be in- 57.9308 Switch throws.

stalled wherever necessary to protect
Switch throws shall be installed to
persons.
provide clearance to protect switchmen
57.9303 Construction of ramps and from contact with moving trains.
dumping facilities.
57.9309 Chute design.
Ramps and dumping facilities shall
Chute-loading installations shall be
be designed and constructed of mate-
designed to provide a safe location for
rials capable of supporting the loads to
persons pulling chutes.
which they will be subjected. The
ramps and dumping facilities shall pro- 57.9310 Chute hazards.
vide width, clearance, and headroom to
safely accommodate the mobile equip- (a) Prior to chute-pulling, persons
ment using the facilities. who could be affected by the draw or
otherwise exposed to danger shall be
57.9304 Unstable ground. warned and given time to clear the haz-
ardous area.
(a) Dumping locations shall be vis-
(b) Persons attempting to free chute
ually inspected prior to work com- hangups shall be experienced and fa-
mencing and as ground conditions war- miliar with the task, know the hazards
rant. involved, and use the proper tools to
(b) Where there is evidence that the free material.
ground at a dumping location may fail (c) When broken rock or material is
to support the mobile equipment, loads dumped into an empty chute, the chute
shall be dumped a safe distance back shall be equipped with a guard or all
from the edge of the unstable area of persons shall be isolated from the haz-
the bank. ard of flying rock or material.
57.9305 Truck spotters. 57.9311 Anchoring stationary sizing
(a) If truck spotters are used, they devices.
shall be in the clear while trucks are Grizzlies and other stationary sizing
backing into dumping position or devices shall be securely anchored.
dumping.
(b) Spotters shall use signal lights to 57.9312 Working around drawholes.
direct trucks where visibility is lim- Unless platforms or safety lines are
ited. used, persons shall not position them-
(c) When a truck operator cannot selves over drawholes if there is danger
clearly recognize the spotters signals, that broken rock or material may be
the truck shall be stopped. withdrawn or bridged.
57.9306 Warning devices for re- 57.9313 Roadway maintenance.

stricted clearances.
Water, debris, or spilled material on
Where restricted clearance creates a roadways which creates hazards to the
hazard to persons on mobile equip- operation of mobile equipment shall be
ment, warning devices shall be in- removed.
stalled in advance of the restricted
area and the restricted area shall be 57.9314 Trimming stockpile and
conspicuously marked. muckpile faces.
Stockpile and muckpile faces shall be
57.9307 Design, installation, and trimmed to prevent hazards to persons.
maintenance of railroads.
Roadbeds and all elements of the 57.9315 Dust control.
railroad tracks shall be designed, in- Dust shall be controlled at muck
stalled, and maintained to provide safe piles, material transfer points,
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.
390
57.9316 Notifying the equipment op- 57.9361 Drawholes.

erator. To prevent hazards to persons under-
When an operator of self-propelled ground, collars of open drawholes shall
mobile equipment is present, persons be free of muck or materials except
shall notify the equipment operator be- during transfer of the muck or mate-
fore getting on or off that equipment. rial through the drawhole.
57.9317 Suspended loads. 57.9362 Protection of signalmen.

Persons shall not work or pass under Signalmen used during slushing oper-
the buckets or booms of loaders in op- ations underground shall be located
away from possible contact with ca-
eration.
bles, sheaves, and slusher buckets.
57.9318 Getting on or off moving
equipment. Subpart IAerial Tramways
Persons shall not get on or off mov- 57.10001 Filling buckets.
ing mobile equipment. This provision
Buckets shall not be overloaded, and
does not apply to trainmen, brakemen,
feed shall be regulated to prevent spill-
and car droppers who are required to age.
get on or off slowly moving trains in
the performance of their work duties. 57.10002 Inspection and mainte-
nance.
57.9319 Going over, under, or be- Inspection and maintenance of car-
tween railcars.
riers (including loading and unloading
Persons shall not go over, under, or mechanisms), ropes and supports, and
between railcars unless brakes shall be performed by com-
(a) The train is stopped; and petent persons according to the rec-
(b) The train operator, when present, ommendations of the manufacturer.
is notified and the notice acknowl-
edged. 57.10003 Correction of defects.
Any hazardous defects shall be cor-
57.9330 Clearance for surface equip- rected before the equipment is used.
ment.
57.10004 Brakes.
Continuous clearance of at least 30
inches from the farthest projection of Positive-action-type brakes and de-
moving railroad equipment shall be vices which apply the brakes automati-
provided on at least one side of the cally in the event of a power failure
tracks at all locations where possible shall be provided on aerial tramways.
or the area shall be marked conspicu- 57.10005 Track cable connections.
ously.
Track cable connections shall not ob-
57.9360 Shelter holes. struct the passage of carriage wheels.
(a) Shelter holes shall be 57.10006 Tower guards.
(1) Provided at intervals adequate to Towers shall be suitably protected
assure the safety of persons along un- from swaying buckets.
derground haulageways where contin-
uous clearance of at least 30 inches 57.10007 Falling object protection.
cannot be maintained from the farthest Guard nets or other suitable protec-
projection of moving equipment on at tion shall be provided where tramways
least one side of the haulageway; and pass over roadways, walkways, or
(2) At least four feet wide, marked buildings.
conspicuously, and provide a minimum
40-inch clearance from the farthest pro- 57.10008 Riding tramways.
jection of moving equipment. Persons other than maintenance per-
(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.
391
57.10009 30 CFR Ch. I (7115 Edition)
(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.
Persons shall not ride loaded buck- 57.11008 Restricted clearance.

ets. Where restricted clearance creates a
57.10010 Starting precautions. hazard to persons, the restricted clear-
ance shall be conspicuously marked.
Where possible, aerial tramways
shall not be started until the operator [53 FR 32528, Aug. 25, 1988]
has ascertained that everyone is in the
57.11009 Walkways along conveyors.
clear.
Walkways with outboard railings
Subpart JTravelways and shall be provided wherever persons are
Escapeways required to walk alongside elevated
conveyor belts. Inclined railed walk-
TRAVELWAYSSURFACE AND ways shall be nonskid or provided with
UNDERGROUND cleats.
57.11001 Safe access. 57.11010 Stairstep clearance.

Safe means of access shall be pro- Vertical clearance above stair steps
vided and maintained to all working shall be a minimum of seven feet, or
places. suitable warning signs or similar de-
vices shall be provided to indicate an
57.11002 Handrails and toeboards. impaired clearance.
Crossovers, elevated walkways, ele-
57.11011 Use of ladders.
vated ramps, and stairways shall be of
substantial construction, provided with Persons using ladders shall face the
handrails, and maintained in good con- ladders and have both hands free for
dition. Where necessary, toeboards climbing and descending.
shall be provided.
57.11012 Protection for openings
57.11003 Construction and mainte- around travelways.
nance of ladders. Openings above, below, or near
Ladders shall be of substantial con- travelways through which persons or
struction and maintained in good con- materials may fall shall be protected
dition. by railings, barriers, or covers. Where
it is impractical to install such protec-
57.11004 Portable rigid ladders. tive devices, adequate warning signals
Portable rigid ladders shall be pro- shall be installed.
vided with suitable bases and placed se-
57.11013 Conveyor crossovers.
curely when used.
Crossovers shall be provided where it
57.11005 Fixed ladder anchorage and is necessary to cross conveyors.
toe clearance.
57.11014 Crossing moving conveyors.
Fixed ladders shall be anchored se-

curely and installed to provide at least Moving conveyors shall be crossed
3 inches of toe clearance. only at designated crossover points.
392
57.11016 Snow and ice on walkways 57.11038 Entering a manway.

and travelways. Before entering a manway where per-
Regularly used walkways and sons may be working or traveling, a
travelways shall be sanded, salted, or warning shall be given by the person
cleared of snow and ice as soon as prac- entering the manway and acknowl-
ticable. edged by any person present in the
manway.
57.11017 Inclined fixed ladders.
57.11040 Inclined travelways.
Fixed ladders shall not incline back-
wards. Travelways steeper than 35 degrees
from the horizontal shall be provided
TRAVELWAYSSURFACE ONLY with ladders or stairways.
57.11025 Railed landings, 57.11041 Landings for inclined

backguards, and other protection ladderways.
for fixed ladders. Fixed ladders with an inclination of
Fixed ladders, except on mobile more than 70 degrees from the hori-
equipment, shall be offset and have zontal shall be offset with substantial
substantial railed landings at least landings at least every 30 feet or have
every 30 feet unless backguards or landing gates at least every 30 feet.
equivalent protection such as safety
belts and safety lines, are provided. ESCAPEWAYSUNDERGROUND ONLY
57.11050 Escapeways and refuges.
57.11026 Protection for inclined fixed
ladders. (a) Every mine shall have two or
more separate, properly maintained
Fixed ladders 70 degrees to 90 degrees
escapeways to the surface from the
from the horizonal and 30 feet or more
lowest levels which are so positioned
in length shall have backguards, cages that damage to one shall not lessen the
or equivalent protection, starting at a effectiveness of the others. A method of
point not more than seven feet from refuge shall be provided while a second
the bottom of the ladders. opening to the surface is being devel-
oped. A second escapeway is rec-
57.11027 Scaffolds and working plat-
forms. ommended, but not required, during
the exploration or development of an
Scaffolds and working platforms ore body.
shall be of substantial construction (b) In addition to separate
and provided with handrails and main- escapeways, a method of refuge shall be
tained in good condition. Floorboards provided for every employee who can-
shall be laid properly and the scaffolds not reach the surface from his working
and working platform shall not be place through at least two separate
overloaded. Working platforms shall be escapeways within a time limit of one
provided with toeboards when nec- hour when using the normal exit meth-
essary. od. These refuges must be positioned so
that the employee can reach one of
TRAVELWAYSUNDERGROUND ONLY them within 30 minutes from the time
he leaves his workplace.
57.11036 Ladderway trap doors and
guards. 57.11051 Escape routes.
Trap doors or adequate guarding Escape routes shall be
shall be provided in ladderways at each (a) Inspected at regular intervals and
level. Doors shall be kept operable. maintained in safe, travelable condi-
tion; and
57.11037 Ladderway openings. (b) Marked with conspicuous and eas-
Ladderways constructed after No- ily read direction signs that clearly in-
vember 15, 1979, shall have a minimum dicate the ways of escape.
unobstructed cross-sectional opening of

24 inches by 24 inches measured from 57.11052 Refuge areas.
the face of the ladder. Refuge areas shall be
393
57.11053 30 CFR Ch. I (7115 Edition)
(a) Of fire-resistant construction, equipment, and other equipment which

preferably in untimbered areas of the may be used in rescue and recovery op-
mine; erations; and
(b) Large enough to accommodate (f) A statement of the availability of
readily the normal number of persons emergency communication and trans-
in the particular area of the mine; portation facilities, emergency power
(c) Constructed so they can be made and ventilation and location of rescue
gastight; and personnel and equipment.
(d) Provided with compressed air [50 FR 4082, Jan. 29, 1985, as amended at 60
lines, waterlines, suitable handtools, FR 33722, June 29, 1995]
and stopping materials.
57.11054 Communication with refuge
57.11053 Escape and evacuation chambers.
plans.
Telephone or other voice communica-
A specific escape and evacuation plan tion shall be provided between the sur-
and revisions thereof suitable to the face and refuge chambers and such sys-
conditions and mining system of the tems shall be independent of the mine
mine and showing assigned responsibil- power supply.
ities of all key personnel in the event
of an emergency shall be developed by 57.11055 Inclined escapeways.
the operator and set out in written Any portion of a designated
form. Within 45 calendar days after escapeway which is inclined more than
promulgation of this standard a copy of 30 degrees from the horizontal and that
the plan and revisions thereof shall be is more than 300 feet in vertical extent
available to the Secretary or his au- shall be provided with an emergency
thorized representative. Also, copies of hoisting facility.
the plan and revisions thereof shall be
posted at locations convenient to all 57.11056 Emergency hoists.
persons on the surface and under- The procedure for inspection, testing
ground. Such a plan shall be updated as and maintenance required by standard
necessary and shall be reviewed jointly 57.19120 shall be utilized at least every
by the operator and the Secretary or 30 days for hoists designated as emer-
his authorized representative at least gency hoists in any evacuation plan.
once every six months from the date of
the last review. The plan shall include: 57.11058 Check-in, check-out system.
(a) Mine maps or diagrams showing Each operator of an underground
directions of principal air flow, loca- mine shall establish a check-in and
tion of escape routes and locations of check-out system which shall provide
existing telephones, primary fans, pri- an accurate record of persons in the
mary fan controls, fire doors, ventila- mine. These records shall be kept on
tion doors, and refuge chambers. Ap- the surface in a place chosen to mini-
propriate portions of such maps or dia- mize the danger of destruction by fire
grams shall be posted at all shaft sta- or other hazards. Every person under-
tions and in underground shops, ground shall carry a positive means of
lunchrooms, and elsewhere in working being identified.
areas where persons congregate;
(b) Procedures to show how the min- 57.11059 Respirable atmosphere for
ers will be notified of emergency; hoist operators underground.
(c) An escape plan for each working For the protection of operators of
area in the mine to include instruc- hoists located underground which are
tions showing how each working area part of the mine escape and evacuation
should be evacuated. Each such plan plan required under standard 57.11053,
shall be posted at appropriate shaft the hoist operator shall be provided
stations and elsewhere in working with a respirable atmosphere com-
areas where persons congregate; pletely independent of the mine atmos-
(d) A fire fighting plan; phere. This independent ventilation
(e) Surface procedure to follow in an system shall convert, without contami-

emergency, including the notification nation, to an approved and properly
of proper authorities, preparing rescue maintained 2-hour self-contained
394
breathing apparatus to provide a safe Subpart KElectricity

means of escape for the hoist operator
after the hoisting duties have been SURFACE AND UNDERGROUND
completed as prescribed in the mine es-
cape and evacuation plan for that 57.12001 Circuit overload protection.
hoist. The hoist operators independent Circuits shall be protected against
ventilation system shall be provided by excessive overloads by fuses or circuit
one of the following methods: breakers of the correct type and capac-
(a) A suitable enclosure equipped ity.
with a positive pressure ventilation
system which may be operated con- 57.12002 Controls and switches.
tinuously or be capable of immediate Electric equipment and circuits shall
activation from within the enclosure be provided with switches or other con-
during an emergency evacuation. Air trols. Such switches or controls shall
for the enclosures ventilation system be of approved design and construction
shall be provided in one of the fol- and shall be properly installed.
lowing ways:
(1) Air coursed from the surface 57.12003 Trailing cable overload pro-
through a borehole into the hoist en- tection.
closure directly or through a metal
Individual overload protection or
pipeline from such borehole; or
short circuit protection shall be pro-
(2) Air coursed from the surface
vided for the trailing cables of mobile
through metal duct work into the hoist
equipment.
enclosure, although this duct work
shall not be located in timber-sup- 57.12004 Electrical conductors.
ported active workings; or
(3) Air supplied by air compressors Electrical conductors shall be of a
located on the surface and coursed sufficient size and current-carrying ca-
through metal pipe into the hoist en- pacity to ensure that a rise in tempera-
closure. ture resulting from normal operations
A back-up system shall be provided will not damage the insulating mate-
for a hoist enclosure ventilation sys- rials. Electrical conductors exposed to
tem provided by either of the methods mechanical damage shall be protected.
set forth in paragraphs (a) (2) and (3) of
57.12005 Protection of power conduc-
this section. This back-up system shall tors from mobile equipment.
consist of compressed air stored in con-
tainers connected to the enclosure. Mobile equipment shall not run over
This back-up system shall provide and power conductors, nor shall loads be
maintain a respirable atmosphere in dragged over power conductors, unless
the enclosure for a period of time equal the conductors are properly bridged or
to at least twice the time necessary to protected.
complete the evacuation of all persons
designated to use that hoist as pre- 57.12006 Distribution boxes.
scribed in the mine escape and evacu- Distribution boxes shall be provided
ation plan required under standard with a disconnecting device for each
57.11053; or branch circuit. Such disconnecting de-
(b) An approved and properly main- vices shall be equipped or designed in
tained self-contained breathing appa- such a manner that it can be deter-
ratus system which shall consist of a mined by visual observation when such
mask connected to compressed air a device is open and that the circuit is
stored in containers adjacent to the deenergized, and the distribution box
hoist controls. The self-contained shall be labeled to show which circuit
breathing system shall provide a min- each device controls.
imum of 24 hours of respirable atmos-
phere to the hoist operator. In addi- 57.12007 Junction box connection
tion, the self-contained breathing sys- procedures.
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.
395
57.12008 30 CFR Ch. I (7115 Edition)
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.
57.12010 Isolation or insulation of Electrically powered equipment shall

communication conductors. be deenergized before mechanical work
is done on such equipment. Power
Telephone and low-potential signal
wire shall be protected, by isolation or switches shall be locked out or other
suitable insulation, or both, from con- measures taken which shall prevent
tacting energized power conductors or the equipment from being energized
any other power source. without the knowledge of the individ-
uals working on it. Suitable warning
57.12011 High-potential electrical notices shall be posted at the power
conductors. switch and signed by the individuals
High-potential electrical conductors who are to do the work. Such locks or
shall be covered, insulated, or placed to preventive devices shall be removed
prevent contact with low potential only by the persons who installed them
conductors. or by authorized personnel.
57.12012 Bare signal wires. 57.12017 Work on power circuits.
The potential on bare signal wires ac- Power circuits shall be deenergized
cessible to contact by persons shall not before work is done on such circuits
exceed 48 volts. unless hot-line tools are used. Suitable
57.12013 Splices and repairs of power warning signs shall be posted by the in-
cables. dividuals who are to do the work.
Permanent splices and repairs made Switches shall be locked out or other
in power cables, including the ground measures taken which shall prevent
conductor where provided, shall be the power circuits from being energized
(a) Mechanically strong with elec- without the knowledge of the individ-
trical conductivity as near as possible uals working on them. Such locks,
to that of the original; signs, or preventive devices shall be re-
(b) Insulated to a degree at least moved only by the person who installed
equal to that of the original, and sealed them or by authorized personnel.
to exclude moisture; and,
(c) Provided with damage protection 57.12018 Identification of power
as near as possible to that of the origi- switches.
nal, including good bonding to the Principal power switches shall be la-
outer jacket. beled to show which units they control,
unless identification can be made read-
57.12014 Handling energized power
cables. ily by location.
Power cables energized to potentials 57.12019 Access to stationary elec-
in excess of 150 volts, phase-to-ground, trical equipment or switchgear.
shall not be moved with equipment un-
Where access is necessary, suitable
less sleds or slings, insulated from such
equipment, are used. When such ener- clearance shall be provided at sta-
tionary electrical equipment or
gized cables are moved manually, insu-

lated hooks, tongs, ropes, or slings switchgear.
shall be used unless suitable protection
396
57.12020 Protection of persons at made available on a request by the Sec-

switchgear. retary or his duly authorized rep-
Dry wooden platforms, insulating resentative.
mats, or other electrically-nonconduc-
tive material shall be kept in place at 57.12030 Correction of dangerous
all switchboards and power-control conditions.
switches where shock hazards exist. When a potentially dangerous condi-
However, metal plates on which a per- tion is found it shall be corrected be-
son normally would stand and which fore equipment or wiring is energized.
are kept at the same potential as the
grounded, metal, non-current-carrying 57.12032 Inspection and cover plates.
parts of the power switches to be oper-
Inspection and cover plates on elec-
ated may be used.
trical equipment and junction boxes
57.12021 Danger signs. shall be kept in place at all times ex-
Suitable danger signs shall be posted cept during testing or repairs.
at all major electrical installations.
57.12033 Hand-held electric tools.
57.12022 Authorized persons at major Hand-held electric tools shall not be
electrical installations. operated at high potential voltages.
Areas containing major electrical in-
stallations shall be entered only by au- 57.12034 Guarding around lights.
thorized persons. Portable extension lights, and other
57.12023 Guarding electrical connec- lights that by their location present a
tions and resistor grids. shock or burn hazard, shall be guarded.
Electrical connections and resistor 57.12035 Weatherproof lamp sockets.
grids that are difficult or impractical
to insulate shall be guarded, unless Lamp sockets shall be of a weather-
protection is provided by location. proof type where they are exposed to
weather or wet conditions that may
57.12025 Grounding circuit enclo- interfere with illumination or create a
sures. shock hazard.
All metal enclosing or encasing elec-
trical circuits shall be grounded or pro- 57.12036 Fuse removal or replace-
vided with equivalent protection. This ment.
requirement does not apply to battery- Fuses shall not be removed or re-
operated equipment. placed by hand in an energized circuit,
and they shall not otherwise be re-
57.12026 Grounding transformer and
switchgear enclosures. moved or replaced in an energized cir-
cuit unless equipment and techniques
Metal fencing and metal buildings especially designed to prevent elec-
enclosing transformers and switchgear trical shock are provided and used for
shall be grounded. such purpose.
57.12027 Grounding mobile equip-
ment. 57.12037 Fuses in high-potential cir-
cuits.
Frame grounding or equivalent pro-
tection shall be provided for mobile Fuse tongs or hotline tools, shall be
equipment powered through trailing used when fuses are removed or re-
cables. placed in high-potential circuits.
57.12028 Testing grounding systems. 57.12038 Attachment of trailing ca-

bles.
Continuity and resistance of ground-
ing systems shall be tested imme- Trailing cables shall be attached to
diately after installation, repair, and machines in a suitable manner to pro-
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.
397
57.12039 30 CFR Ch. I (7115 Edition)
57.12039 Protection of surplus trail- fice, Information Dissemination (Su-

ing cables. perintendent of Documents), P.O. Box
Surplus trailing cables to shovels, 371954, Pittsburgh, PA 152507954; Tele-
cranes and similar equipment shall phone: 8665121800 (toll free) or 202512
be 1800; http://bookstore.gpo.gov, or may be
(a) Stored in cable boats; examined in any Metal and Nonmetal
(b) Stored on reels mounted on the Mine Safety and Health District Office
equipment; or of the Mine Safety and Health Admin-
(c) Otherwise protected from me- istration.
chanical damage. [53 FR 32526, Aug. 25, 1988, as amended at 60
FR 35695, July 11, 1995; 71 FR 16667, Apr. 3,
57.12040 Installation of operating 2006]
controls.
Operating controls shall be installed 57.12048 Communication conductors
so that they can be operated without on power poles.
danger of contact with energized con- Telegraph, telephone, or signal wires
ductors. shall not be installed on the same
crossarm with power conductors. When
57.12041 Design of switches and
starting boxes. carried on poles supporting powerlines,
they shall be installed as specified by
Switches and starting boxes shall be the National Electrical Code.
of safe design and capacity.
57.12050 Installation of trolley wires.
57.12042 Track bonding.
Trolley wires shall be installed at
Both rails shall be bonded or welded
least seven feet above rails where
at every joint and rails shall be
height permits, and aligned and sup-
crossbonded at least every 200 feet if
ported to suitably control sway and
the track serves as the return trolley
sag.
circuit. When rails are moved, re-
placed, or broken bonds are discovered, 57.12053 Circuits powered from trol-
they shall be rebonded within three ley wires.
working shifts.
Ground wires for lighting circuits
57.12045 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.
SURFACE ONLY
57.12047 Guy wires.
57.12065 Short circuit and lightning
Guy wires of poles supporting high- protection.
voltage transmission lines shall meet
Powerlines, including trolley wires,
the requirements for grounding or in-
sulator protection of the National and telephone circuits shall be pro-
Electrical Safety Code, part 2, entitled tected against short circuits and light-
Safety Rules for the Installation and ning.
Maintenance of Electric Supply and 57.12066 Guarding trolley wires and
Communication Lines (also referred bare powerlines.
to as National Bureau of Standards
Handbook 81, Nov. 1, 1961), and Supple- Where metallic tools or equipment
ment 2 thereof issued March 1968, can come in contact with trolley wires
which are hereby incorporated by ref- or bare powerlines, the lines shall be
erence and made a part hereof. These guarded or deenergized.
publications and documents may be ob-
tained from the National Institute of 57.12067 Installation of transformers.
Science and Technology, 100 Bureau Transformers shall be totally en-
Drive, Stop 3460, Gaithersburg, MD closed, or shall be placed at least 8 feet
208993460. Telephone: 3019756478 (not above the ground, or installed in a

a toll free number); http://ts.nist.gov/nvl; transformer house, or surrounded by a
or from the Government Printing Of- substantial fence at least 6 feet high
398
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 retained 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.
Powerlines shall be well separated or (a) Reciprocating-type air compres-

insulated from waterlines, telephone sors rated over 10 horsepower shall be
lines and air lines. equipped with automatic temperature-
399
57.13011 30 CFR Ch. I (7115 Edition)
actuated shutoff mechanisms which to the Secretary or his authorized rep-

shall be set or adjusted to the com- resentative.
pressor when the normal operating
temperature is exceeded by more than 57.13017 Compressor discharge
25 percent. pipes.
(b) However, this standard does not Compressor discharge pipes where
apply to reciprocating-type air com- carbon build-up may occur shall be
pressors rated over 10 horsepower if cleaned periodically as recommended
equipped with fusible plugs that were by the manufacturer, but no less fre-
installed in the compressor discharge quently than once every two years.
lines before November 15, 1979, and de-
signed to melt at temperatures at least 57.13019 Pressure system repairs.
50 degrees below the flash point of the Repairs involving the pressure sys-
compressors lubricating oil. tem of compressors, receivers, or com-
pressed-air-powered equipment shall
57.13011 Air receiver tanks. not be attempted until the pressure has
Air receiver tanks shall be equipped been bled off.
with one or more automatic pressure-
relief valves. The total relieving capac- 57.13020 Use of compressed air.
ity of the relief valves shall prevent At no time shall compressed air be
pressure from exceeding the maximum directed toward a person. When com-
allowable working pressure in a re- pressed air is used, all necessary pre-
ceiver tank by not more than 10 per- cautions shall be taken to protect per-
cent. Air receiver tanks also shall be sons from injury.
equipped with indicating pressure
gages which accurately measure the 57.13021 High-pressure hose connec-
pressure within the air receiver tanks. tions.
Except where automatic shutoff
57.13012 Compressor air intakes. valves are used, safety chains or other
Compressor air intakes shall be in- suitable locking devices shall be used
stalled to ensure that only clean, at connections to machines of high-
uncontaminated air enters the com- pressure hose lines of 34-inch inside di-
pressors. ameter or larger, and between high-
pressure hose lines of 34-inch inside di-
57.13015 Inspection of compressed- ameter or larger, where a connection
air receivers and other unfired failure would create a hazard.
pressure vessels.
(a) Compressed-air receivers and 57.13030 Boilers.
other unfired pressure vessels shall be (a) Fired pressure vessels (boilers)
inspected by inspectors holding a valid shall be equipped with water level
National Board Commission and in ac- gauges, pressure gauges, automatic
cordance with the applicable chapters pressure-relief valves, blowdown pip-
of the National Board Inspection Code, ing, and other safety devices approved
a Manual for Boiler and Pressure Ves- by the American Society of Mechanical
sel Inspectors, 1979. This code is incor- Engineers to protect against hazards
porated by reference and made a part from overpressure, flameouts, fuel
of this standard. It may be examined at interruptions and low water level, all
any Metal and Nonmetal Mine Safety as required by the appropriate sections,
and Health District Office of the Mine chapters and appendices listed in para-
Safety and Health Administration, and graphs (b) (1) and (2) of this section.
may be obtained from the publisher, (b) These gauges, devices and piping
the National Board of Boiler and Pres- shall be designed, installed, operated,
sure Vessel Inspectors, 1055 Crupper maintained, repaired, altered, in-
Avenue, Columbus, Ohio 43229. spected, and tested by inspectors hold-
(b) Records of inspections shall be ing a valid National Board Commission
kept in accordance with requirements and in accordance with the following

of the National Board Inspection Code, listed sections, chapters and appen-
and the records shall be made available dices:
400
(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.
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
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
quirements of the ASME Boiler and shall be corrected in a timely manner

Pressure Vessel Code and the National to prevent the creation of a hazard to
Board Inspection Code. The records persons.
401
57.14101 30 CFR Ch. I (7115 Edition)
(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
Service Brake Maximum Stopping DistanceFeet
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.
TABLE M2THE SPEED OF A VEHICLE CAN BE DETERMINED BY CLOCKING IT THROUGH A 100-

FOOT MEASURED COURSE AT CONSTANT VELOCITY USING TABLE M2. WHEN THE SERVICE
BRAKES ARE APPLIED AT THE END OF THE COURSE, STOPPING DISTANCE CAN BE MEASURED AND
COMPARED TO TABLE M1.
Miles per hour 10 11 12 13 14 15 16 17 18 19 20
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
the MSHA inspector as follows: shall be tested with the loader bucket
empty. Equipment shall not be tested
402
when carrying hazardous loads, such as be considered acceptable if the equip-

explosives. ment does not exceed the maximum
(ii) The approach shall be of suffi- stopping distance on at least three of
cient length to allow the equipment op- the additional tests.
erator to reach and maintain a con- (5) Where there is not an appropriate
stant speed between 10 and 20 miles per test site at the mine or the equipment
hour prior to entering the 100 foot is not capable of traveling at least 10
measured area. The constant speed miles per hour, service brake tests will
shall be maintained up to the point not be conducted. In such cases, the in-
when the equipment operator receives spector will rely upon other available
the signal to apply the brakes. The evidence to determine whether the
roadway shall be wide enough to ac- service brake system meets the per-
commodate the size of the equipment formance requirements of this stand-
being tested. The ground shall be gen- ard.
erally level, packed, and dry in the
[53 FR 32528, Aug. 25, 1988; 53 FR 44588, Nov.
braking portion of the test course. 4, 1988]
Ground moisture may be present to the
extent that it does not adversely affect 57.14102 Brakes for rail equipment.
the braking surface.
(iii) Braking is to be performed using Braking systems on railroad cars and
only those braking systems, including locomotives shall be maintained in
auxiliary retarders, which are designed functional condition.
to bring the equipment to a stop under 57.14103 Operators stations.
normal operating conditions. Parking
or emergency (secondary) brakes are (a) If windows are provided on opera-
not to be actuated during the test. tors stations of self-propelled mobile
(iv) The tests shall be conducted with equipment, the windows shall be made
the transmission in the gear appro- of safety glass or material with equiva-
priate for the speed the equipment is lent safety characteristics. The win-
traveling except for equipment which dows shall be maintained to provide
is designed for the power train to be visibility for safe operation.
disengaged during braking. (b) If damaged windows obscure visi-
(v) Testing speeds shall be a min- bility necessary for safe operation, or
imum of 10 miles per hour and a max- create a hazard to the equipment oper-
imum of 20 miles per hour. ator, the windows shall be replaced or
(vi) Stopping distances shall be meas- removed. Damaged windows shall be re-
ured from the point at which the equip- placed if absence of a window would ex-
ment operator receives the signal to pose the equipment operator to haz-
apply the service brakes to the final ardous environmental conditions which
stopped position. would affect the ability of the equip-
(4) Test results shall be evaluated as ment operator to safely operate the
follows: equipment.
(i) If the initial test run is valid and (c) The operators stations of self-
the stopping distance does not exceed propelled mobile equipment shall
the corresponding stopping distance (1) Be free of materials that may cre-
listed in Table 1, the performance of ate a hazard to persons by impairing
the service brakes shall be considered the safe operation of the equipment;
acceptable. For tests to be considered and
valid, the equipment shall not slide (2) Not be modified, in a manner that
sideways or exhibit other lateral mo- obscures visibility necessary for safe
tion during the braking portion of the operation.
test.
(ii) If the equipment exceeds the 57.14104 Tire repairs.
maximum stopping distance in the ini- (a) Before a tire is removed from a
tial test run, the mine operator may vehicle for tire repair, the valve core
request from the inspector up to four shall be partially removed to allow for
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
403
57.14105 30 CFR Ch. I (7115 Edition)
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. and wear to which they will be sub-
Overhead drive belts shall be guarded jected during normal operation; and
to contain the whipping action of a (2) Not create a hazard by their use.
404
(b) Guards shall be securely in place 57.14130 Roll-over protective struc-

while machinery is being operated, ex- tures (ROPS) and seat belts for sur-
cept when testing or making adjust- face equipment.
ments which cannot be performed with- (a) Equipment included. Roll-over pro-
out removal of the guard. tective structures (ROPS) and seat
belts shall be installed on
57.14113 Inclined conveyors: back- (1) Crawler tractors and crawler load-
stops or brakes. ers;
Backstops or brakes shall be in- (2) Graders;
stalled on drive units of inclined con- (3) Wheel loaders and wheel tractors;
veyors to prevent the conveyors from (4) The tractor portion of semi-
running in reverse, creating a hazard mounted scrapers, dumpers, water wag-
to persons. ons, bottom-dump wagons, rear-dump
wagons, and towed fifth wheel attach-
57.14114 Air valves for pneumatic ments;
equipment. (5) Skid-steer loaders; and
A manual master quick-close type air (6) Agricultural tractors.
valve shall be installed on all pneu- (b) ROPS construction. ROPS shall
matic-powered equipment if there is a meet the requirements of the following
hazard of uncontrolled movement when Society of Automotive Engineers
the air supply is activated. The valve (SAE) publications, as applicable,
shall be closed except when the equip- which are incorporated by reference:
ment is being operated. (1) SAE J1040, Performance Criteria
for Roll-Over Protective Structures
[53 FR 32528, Aug. 25, 1988; 53 FR 44588, Nov. (ROPS) for Construction, Earthmoving,
4, 1988] Forestry, and Mining Machines,, 1986;
or
57.14115 Stationary grinding ma- (2) SAE J1194, Roll-Over Protective
chines. Structures (ROPS) for Wheeled Agri-
Stationary grinding machines, other cultural Tractors, 1983.
than special bit grinders, shall be (c) ROPS labeling. ROPS shall have a
equipped with label permanently affixed to the struc-
(a) Peripheral hoods capable of with- ture identifying
standing the force of a bursting wheel (1) The manufacturers name and ad-
and enclosing not less than 270of the dress;
periphery of the wheel; (2) The ROPS model number; and
(b) Adjustable tool rests set so that (3) The make and model number of
the distance between the grinding sur- the equipment for which the ROPS is
face of the wheel and the tool rest is designed.
not greater than 18 inch; and (d) ROPS installation. ROPS shall be
installed on the equipment in accord-
(c) A safety washer on each side of
ance with the recommendations of the
the wheel.
ROPS manufacturer.
[53 FR 32528, Aug. 25, 1988; 53 FR 44588, Nov. (e) ROPS maintenance. (1) ROPS shall
4, 1988] be maintained in a condition that
meets the performance requirements
57.14116 Hand-held power tools. applicable to the equipment. If the
(a) Power drills, disc sanders, grind- ROPS is subjected to a roll-over or ab-
ers and circular and chain saws, when normal structural loading, the equip-
used in the hand-held mode shall be opment manufacturer or a registered pro-
erated with controls which require con- fessional engineer with knowledge and
stant hand or finger pressure. experience in ROPS design shall recer-
tify that the ROPS meets the applica-
(b) Circular saws and chain saws
ble performance requirements before it
shall not be equipped with devices
is returned to service.
which lock-on the operating controls.
(2) Alterations or repairs on ROPS

shall be performed only with approval
from the ROPS manufacturer or under
405
57.14131 30 CFR Ch. I (7115 Edition)
the instructions of a registered profes- codeloflfederallregulations/

sional engineer with knowledge and ex- ibrllocations.html. Copies may be pur-
perience in ROPS design. The manufac- chased from the Society of Automotive
turer or engineer shall certify that the Engineers, 400 Commonwealth Drive,
ROPS meets the applicable perform- Warrendale, Pennsylvania 150960001.
ance requirements. [53 FR 32528, Aug. 25, 1988; 53 FR 44588, Nov.
(f) Exemptions. (1) This standard does 4, 1988, as amended at 60 FR 33722, June 29,
not apply to 1995; 67 FR 38385, June 4, 2002; 68 FR 19347,
(i) Self-propelled mobile equipment Apr. 21, 2003]
manufactured prior to July 1, 1969;
(ii) Over-the-road type tractors that 57.14131 Seat belts for surface haul-
pull trailers or vans on highways; age trucks.
(iii) Equipment that is only operated (a) Seat belts shall be provided and
by remote control; and worn in haulage trucks.
(2) Self-propelled mobile equipment (b) Seat belts shall be maintained in
manufactured prior to October 24, 1988, functional condition, and replaced
that is equipped with ROPS and seat when necessary to assure proper per-
belts that meet the installation and formance.
performance requirements of 30 CFR (c) Seat belts required under this sec-
57.9088 (1986 edition) shall be considered tion shall meet the requirements of
in compliance with paragraphs (b) and SAE J386, Operator Restraint System
(h) of this section. for Off-Road Work Machines (1985,
(g) Wearing seat belts. Seat belts shall 1993, or 1997), which are incorporated by
be worn by the equipment operator ex- reference.
cept that when operating graders from (d) The incorporation by reference of
a standing position, the grader oper- these publications is approved by the
ator shall wear safety lines and a har- Director of the Federal Register in ac-
ness in place of a seat belt. cordance with 5 U.S.C. 552(a) and 1 CFR
(h) Seat belts construction. Seat belts part 51. Copies of these publications
required under this section shall meet may be examined at any Metal and
the requirement of SAE J386, Oper- Nonmetal Mine Safety and Health Dis-
ator Restraint System for Off-Road trict Office; at MSHAs Office of Stand-
Work Machines (1985, 1993, or 1997), or ards, Regulations, and Variances, 1100
SAE J1194, Roll-Over Protective Wilson Boulevard, Room 2349, Arling-
Structures (ROPS) for Wheeled Agri- ton, Virginia 222093939; or at the Na-
cultural Tractors (1983, 1989, 1994, or tional Archives and Records Adminis-
1999), as applicable, which are incor- tration (NARA). For information on
porated by reference. the availability of this material at
(i) Seat belt maintenance. Seat belts NARA, call 2027416030, or go to: http://
shall be maintained in functional con- www.archives.gov/federallregister/
dition, and replaced when necessary to codeloflfederallregulations/
assure proper performance. ibrllocations.html. Copies may be pur-
(j) Publications. The incorporation by chased from the Society of Automotive
reference of these publications is ap- Engineers, 400 Commonwealth Drive,
proved by the Director of the Federal Warrendale, Pennsylvania 150960001.
Register in accordance with 5 U.S.C. [53 FR 32528, Aug. 25, 1988, as amended at 67
552(a) and 1 CFR part 51. Copies of FR 38385, June 4, 2002; 68 FR 19347, Apr. 21,
these publications may be examined at 2003]
any Metal and Nonmetal Mine Safety
and Health District Office; at MSHAs 57.14132 Horns and backup alarms
Office of Standards, Regulations, and for surface equipment.
Variances, 1100 Wilson Boulevard, (a) Manually-operated horns or other
Room 2349, Arlington, Virginia 22209 audible warning devices provided on
3939; or at the National Archives and self-propelled mobile equipment as a
Records Administration (NARA). For safety device shall be maintained in a
information on the availability of this functional condition.
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
406
(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.
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
407
57.14208 30 CFR Ch. I (7115 Edition)
parking brake, if provided, is set. When secured to prevent it from rolling or

parked on a grade, the wheels or tracks falling accidentally.
of mobile equipment shall be either (b) Persons shall not work on top of,
chocked or turned into a bank or rib. under, or work from a raised compo-
nent of mobile equipment until the
57.14208 Warning devices. component has been blocked or me-
(a) Visible warning devices shall be chanically secured to prevent acci-
used when parked mobile equipment dental lowering. The equipment must
creates a hazard to persons in other also be blocked or secured to prevent
mobile equipment. rolling.
(b) Mobile equipment, other than (c) A raised component must be se-
forklifts, carrying loads that project cured to prevent accidental lowering
beyond the sides or more than four feet when persons are working on or around
beyond the rear of the equipment shall mobile equipment and are exposed to
have a warning flag at the end of the the hazard of accidental lowering of
projection. Under conditions of limited the component.
visibility these loads shall have a
(d) Under this section, a raised com-
warning light at the end of the projec-
ponent of mobile equipment is consid-
tion. Such flags or lights shall be at-
tached to the end of the projection or ered to be blocked or mechanically se-
be carried by persons walking beside or cured if provided with a functional
behind the projection. load-locking device or devices which
prevent free and uncontrolled descent.
57.14209 Safety procedures for tow- (e) Blocking or mechanical securing
ing. of the raised component is required
(a) A properly sized tow bar or other during repair or maintenance of ele-
effective means of control shall be used vated mobile work platforms.
to tow mobile equipment.
57.14212 Chains, ropes, and drive
(b) Unless steering and braking are
belts.
under the control of the equipment op-
erator on the towed equipment, a safe- Chains, ropes, and drive belts shall be
ty chain or wire rope capable of with- guided mechanically onto moving pul-
standing the loads to which it could be leys, sprockets, or drums except where
subjected shall be used in conjunction equipment is designed specifically for
with any primary rigging. hand feeding.
(c) This provision does not apply to
rail equipment. 57.14213 Ventilation and shielding
for welding.
57.14210 Movement of dippers, buck- (a) Welding operations shall be
ets, loading booms, or suspended
loads. shielded when performed at locations
where arc flash could be hazardous to
(a) Dippers, buckets, loading booms, persons.
or suspended loads shall not be swung (b) All welding operations shall be
over the operators stations of self-pro- well-ventilated.
pelled mobile equipment until the
equipment operator is out of the opera- 57.14214 Train warnings.
tors station and in a safe location.
(b) This section does not apply when A warning that is audible above the
the equipment is specifically designed surrounding noise level shall be sound-
to protect the equipment operator from ed
falling objects. (a) Immediately prior to moving
trains;
57.14211 Blocking equipment in a (b) When trains approach persons,
raised position. crossing, other trains on adjacent
(a) Persons shall not work on top of, tracks; and
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
408
57.14215 Coupling or uncoupling MSHA STANDARD 57.14106, FALLING OBJECT

cars. PROTECTIONContinued
Prior to coupling or uncoupling cars Equipment National consensus standard
manually, trains shall be brought to a
Fork-lift trucks ........ American National Standards Institute
complete stop, and then moved at min- (ANSI) safety standard for low lift
imum tram speed until the coupling or and high lift trucks, B 56.1, section
uncoupling activity is completed. Cou- 7.271983; or
American National Standards Institute
pling or uncoupling shall not be at- (ANSI) standard, rough terrain fork
tempted from the inside of curves un- lift trucks, B 56.61987.
less the railroad and cars are designed
to eliminate hazards to persons.
Subpart NPersonal Protection
57.14216 Backpoling.
SURFACE AND UNDERGROUND
Backpoling of trolleys is prohibited
except where there is inadequate clear- 57.15001 First aid materials.
ance to reverse the trolley pole. Where Adequate first-aid materials, includ-
backpoling is required, it shall be done ing stretchers and blankets shall be
only at the minimum tram speed of the provided at places convenient to all
trolley. working areas. Water or neutralizing
agents shall be available where corro-
57.14217 Securing parked railcars. sive chemicals or other harmful sub-
Parked railcars shall be blocked se- stances are stored, handled, or used.
curely unless held effectively by
brakes. 57.15002 Hard hats.
All persons shall wear suitable hard
57.14218 Movement of equipment on hats when in or around a mine or plant
adjacent tracks. where falling objects may create a haz-
When a locomotive on one track is ard.
used to move rail equipment on adja-
57.15003 Protective footwear.
cent tracks, a chain, cable, or drawbar
shall be used which is capable of with- All persons shall wear suitable pro-
standing the loads to which it could be tective footwear when in or around an
subjected. area of a mine or plant where a hazard
exists which could cause an injury to
57.14219 Brakeman signals. the feet.
When a train is under the direction of 57.15004 Eye protection.
a brakeman and the train operator can-
All persons shall wear safety glasses,
not clearly recognize the brakemans
goggles, or face shields or other suit-
signals, the train operator shall bring
able protective devices when in or
the train to a stop.
around an area of a mine or plant
APPENDIX I TO SUBPART M OF PART 57 where a hazard exists which could
NATIONAL CONSENSUS STANDARDS cause injury to unprotected eyes.
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
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
409
57.15007 30 CFR Ch. I (7115 Edition)
hazards of process or environment, Subpart OMaterials Storage and

chemical hazards, radiological hazards, Handling
or mechancial irritants are encoun-
tered in a manner capable of causing 57.16001 Stacking and storage of ma-
injury or impairment. terials.
57.15007 Protective equipment or Supplies shall not be stacked or
clothing for welding, cutting, or stored in a manner which creates trip-
working with molten metal. ping or fall-of-material hazards.
Protective clothing or equipment and 57.16002 Bins, hoppers, silos, tanks,
face shields or goggles shall be worn and surge piles.
when welding, cutting, or working with
molten metal. (a) Bins, hoppers, silos, tanks, and
surge piles, where loose unconsolidated
57.15014 Eye protection when oper- materials are stored, handled or trans-
ating grinding wheels. ferred shall be
Face shields or goggles in good condi- (1) Equipped with mechanical devices
tion shall be worn when operating a or other effective means of handling
grinding wheel. materials so that during normal oper-
ations persons are not required to
[53 FR 32533, Aug. 25, 1988]
enter or work where they are exposed
SURFACE ONLY to entrapment by the caving or sliding
of materials; and
57.15020 Life jackets and belts. (2) Equipped with supply and dis-
charge operating controls. The controls
Life jackets or belts shall be worn
shall be located so that spills or over-
where there is danger from falling into
water. runs will not endanger persons.
(b) Where persons are required to
UNDERGROUND ONLY move around or over any facility listed
in this standard, suitable walkways or
57.15030 Provision and maintenance passageways shall be provided.
of self-rescue devices. (c) Where persons are required to
A 1-hour self-rescue device approved enter any facility listed in this stand-
by MSHA and NIOSH under 42 CFR ard for maintenance or inspection pur-
part 84 shall be made available by the poses, ladders, platforms, or staging
operator to all personnel underground. shall be provided. No person shall enter
Each operator shall maintain self-res- the facility until the supply and dis-
cue devices in good condition. charge of materials have ceased and
[60 FR 30401, June 8, 1995]
the supply and discharge equipment is
locked out. Persons entering the facil-
57.15031 Location of self-rescue de- ity shall wear a safety belt or harness
vices. equipped with a lifeline suitably fas-
(a) Except as provided in paragraph tened. A second person, similarly
(b) and (c) of this section, self-rescue equipped, shall be stationed near where
devices meeting the requirements of the lifeline is fastened and shall con-
standard 57.15030 shall be worn or car- stantly adjust it or keep it tight as
ried by all persons underground. needed, with minimum slack.
(b) Where the wearing or carrying of
57.16003 Storage of hazardous mate-
self-rescue devices meeting the require-
rials.
ments of standard 57.15030 is hazardous
to a person, such self-rescue devices Materials that can create hazards if
shall be located at a distance no great- accidentally liberated from their con-
er than 25 feet from such person. tainers shall be stored in a manner
(c) Where a person works on or that minimizes the dangers.
around mobile equipment, self-rescue

devices may be placed in a readily ac-
cessible location on such equipment.
410
57.16004 Containers for hazardous 57.16013 Working with molten metal.

materials. Suitable warning shall be given be-
Containers holding hazardous mate- fore molten metal is poured and before
rials must be of a type approved for a container of molten metal is moved.
such use by recognized agencies.
57.16014 Operator-carrying overhead
[67 FR 42389, June 21, 2002] cranes.
Operator-carrying overhead cranes
57.16005 Securing gas cylinders.
shall be provided with
Compressed and liquid gas cylinders (a) Bumpers at each end of each rail;
shall be secured in a safe manner. (b) Automatic switches to halt
uptravel of the blocks before they
57.16006 Protection of gas cylinder strike the hoist;
valves. (c) Effective audible warning signals
Valves on compressed gas cylinders within easy reach of the operator; and
shall be protected by covers when being (d) A means to lock out the dis-
transported or stored, and by a safe lo- connect switch.
cation when the cylinders are in use. 57.16015 Work or travel on overhead
crane bridges.
57.16007 Taglines, hitches, and slings.
No person shall work from or travel
(a) Taglines shall be attached to on the bridge of an overhead crane un-
loads that may require steadying or less the bridge is provided with sub-
guidance while suspended. stantial footwalks with toeboards and
(b) Hitches and slings used to hoist railings the length of the bridge.
materials shall be suitable for the par-
ticular material handled. 57.16016 Lift trucks.
Fork and other similar types of lift
57.16009 Suspended loads. trucks shall be operated with the:
Persons shall stay clear of suspended (a) Upright tilted back to steady and
loads. secure the load;
(b) Load in the upgrade position
57.16010 Dropping materials from when ascending or descending grades in
overhead. excess of 10 percent;
To protect personnel, material shall (c) Load not raised or lowered
not be dropped from an overhead ele- enroute except for minor adjustments;
vation until the drop area is first and
(d) Load-engaging device downgrade
cleared of personnel and the area is
when traveling unloaded on all grades.
then either guarded or a suitable warn-
ing is given. 57.16017 Hoisting heavy equipment
or material.
57.16011 Riding hoisted loads or on
the hoist hook. Where the stretching or contraction
of a hoist rope could create a hazard,
Persons shall not ride on loads being chairs or other suitable blocking shall
moved by cranes or derricks, nor shall be used to support conveyances at
they ride the hoisting hooks unless shaft landings before heavy equipment
such method eliminates a greater haz- or material is loaded or unloaded.
ard.
57.16012 Storage of incompatible sub-

Subpart PIllumination
stances. 57.17001 Illumination of surface
Chemical substances, including con- working areas.
centrated acids and alkalies, shall be Illumination sufficient to provide
stored to prevent inadvertent contact safe working conditions shall be pro-
with each other or with other sub- vided in and on all surface structures,
stances, where such contact could paths, walkways, stairways, switch

cause a violent reaction or the libera- panels, loading and dumping sites, and
tion of harmful fumes or gases. working areas.
411
57.17010 30 CFR Ch. I (7115 Edition)
57.17010 Electric lamps. shall be made available to all inter-

ested miners.
Individual electric lamps shall be
carried for illumination by all persons [61 FR 50436, Sept. 26, 1996]
underground.
57.18012 Emergency telephone num-
bers.
Subpart QSafety Programs
Emergency telephone numbers shall
SURFACE AND UNDERGROUND be posted at appropriate telephones.
57.18002 Examination of working 57.18013 Emergency communications

places. system.
(a) A competent person designated by A suitable communication system
the operator shall examine each work- shall be provided at the mine to obtain
ing place at least once each shift for assistance in the event of an emer-
conditions which may adversely affect gency.
safety or health. The operator shall
promptly initiate appropriate action to 57.18014 Emergency medical assist-
ance and transportation.
correct such conditions.
(b) A record that such examinations Arrangements shall be made in ad-
were conducted shall be kept by the op- vance for obtaining emergency medical
erator for a period of one year, and assistance and transportation for in-
shall be made available for review by jured persons.
the Secretary or his authorized rep-
SURFACE ONLY
resentative.
(c) In addition, conditions that may 57.18020 Working alone.
present an imminent danger which are
noted by the person conducting the ex- No employee shall be assigned, or al-
amination shall be brought to the im- lowed, or be required to perform work
mediate attention of the operator who alone in any area where hazardous con-
shall withdraw all persons from the ditions exist that would endanger his
area affected (except persons referred safety unless he can communicate with
to in section 104(c) of the Federal Mine others, can be heard, or can be seen.
Safety and Health Act of 1977) until the UNDERGROUND ONLY
danger is abated.
57.18025 Working alone.
57.18006 New employees.
No employee shall be assigned, or al-
New employees shall be indoctrinated lowed, or be required to perform work
in safety rules and safe work proce- alone in any area where hazardous con-
dures. ditions exist that would endanger his
safety unless his cries for help can be
57.18009 Designation of person in
charge. heard or he can be seen.
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
piration; control bleeding; and treat which the mine is located.

shock, wounds, burns, and musculo- (b) On an annual basis, all persons
skeletal injuries. First aid training who go underground shall be instructed
412
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.
However, where persons may be endan-

gered by hoists and appurtenances used Automatic hoists shall be provided
solely for handling ore, rock, and mate- with devices that automatically apply
413
57.19007 30 CFR Ch. I (7115 Edition)
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).
Flanges on drums shall extend radi- 57.19019 Guide ropes.

ally a minimum of 4 inches or three If guide ropes are used in shafts for
rope diameters beyond the last wrap, personnel hoisting applications other
whichever is the lesser. than shaft development, the nominal
57.19012 Grooved drums. strength (manufacturers published
catalog strength) of the guide rope at
Where grooved drums are used, the installation shall meet the minimum
grooves shall be of suitable size and value calculated as follows: Minimum
pitch for the ropes used. value=Static Load5.0.
57.19013 Diesel- and other fuel-injec- 57.19021 Minimum rope strength.
tion-powered hoists.
At installation, the nominal strength
Where any diesel or similar fuel-in-
(manufacturers published catalog
jection engine is used to power a hoist,
strength) of wire ropes used for hoist-
the engine shall be equipped with a
ing shall meet the minimum rope
damper or other cutoff in its air intake
strength values obtained by the fol-
system. The control handle shall be
lowing formulas in which L equals
clearly labeled to indicate that its in-
the maximum suspended rope length in
tended function is for emergency stop-
feet:
ping only.
(a) Winding drum ropes (all construc-
57.19014 Friction hoist overtravel tions, including rotation resistant).
protection. For rope lengths less than 3,000 feet: Min-
In a friction hoist installation, ta- imum Value=Static Load(7.00.001L)
For rope lengths 3,000 feet or greater: Min-
pered guides or other approved devices

imum Value=Static Load4.0.
shall be installed above and below the
limits of regular travel of the convey- (b) Friction drum ropes.
414
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
drum at regular stopping points; and of other materials is a design feature,

(4) At drum crossover and change-of- zinc (spelter) shall be used for
layer regions. socketing wire ropes. Design feature
415
57.19026 30 CFR Ch. I (7115 Edition)
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. 57.19054 Rope guides.
All headframes shall be constructed Where rope guides are used in shafts
with suitable design considerations to other than in shaft sinking operations,
416
the rope guides shall be a type of lock 57.19065 Lowering conveyances by

coil construction. the brakes.
HOISTING PROCEDURES Conveyances shall not be lowered by

the brakes alone except during emer-
57.19055 Availability of hoist oper- gencies.
ator for manual hoists.
57.19066 Maximum riders in a con-
When a manually operated hoist is veyance.
used, a qualified hoistman shall remain
within hearing of the telephone or sig- In shafts inclined over 45 degrees, the
nal device at all times while any per- operator shall determine and post in
son is underground. the conveyance or at each shaft station
the maximum number of persons per-
57.19056 Availability of hoist oper- mitted to ride in a hoisting conveyance
ator for automatic hoists. at any one time. Each person shall be
When automatic hoisting is used, a provided a minimum of 1.5 square feet
competent operator of the hoist shall of floor space.
be readily available at or near the
hoisting device while any person is un- 57.19067 Trips during shift changes.
derground. During shift changes, an authorized
person shall be in charge of each trip in
57.19057 Hoist operators physical fit- which persons are hoisted.
ness.
No person shall operate a hoist un- 57.19068 Orderly conduct in convey-
less within the preceding 12 months he ances.
has had a medical examination by a Persons shall enter, ride, and leave
qualified, licensed physician who shall conveyances in an orderly manner.
certify his fitness to perform this duty.
Such certification shall be available at 57.19069 Entering and leaving con-
the mine. veyances.
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,
room.
but not to exceed 1,000 feet per minute.

Only authorized persons shall be in Muck shall not be hoisted with per-
hoist rooms. sonnel during shift changes.
417
57.19073 30 CFR Ch. I (7115 Edition)
57.19073 Hoisting during shift 57.19080 Hoisting tools, timbers, and

changes. other materials.
Rock or supplies shall not be hoisted When tools, timbers, or other mate-
in the same shaft as persons during rials are being lowered or raised in a
shift changes, unless the compartments shaft by means of a bucket, skip, or
and dumping bins are partitioned to cage, they shall be secured or so placed
prevent spillage into the cage compart- that they will not strike the sides of
ment. the shaft.
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.
57.19077 Lowering buckets. SIGNALING

Buckets shall be stopped about 15 57.19090 Dual signaling systems.
feet from the shaft bottom to await a
There shall be at least two effective
signal from one of the crew on the bot-
approved methods of signaling between
tom for further lowering.
each of the shaft stations and the hoist
57.19078 Hoisting buckets from the room, one of which shall be a telephone
shaft bottom. or speaking tube.
All buckets shall be stopped after 57.19091 Signaling instructions to
being raised about three feet above the hoist operator.
shaft bottom. A bucket shall be sta- Hoist operators shall accept hoisting
bilized before a hoisting signal is given instructions only by the regular sig-
to continue hoisting the bucket to the naling system unless it is out of order.
crosshead. After a hoisting signal is In such an event, and during other
given, hoisting to the crosshead shall emergencies, the hoist operator shall
be at a minimum speed. The signaling accept instructions to direct movement
device shall be attended constantly of the conveyances only from author-
until a bucket reaches the guides. ized persons.
When persons are hoisted, the signaling
devices shall be attended until the 57.19092 Signaling from conveyances.
crosshead has been engaged. A method shall be provided to signal
the hoist operator from cages or other
57.19079 Blocking mine cars. conveyances at any point in the shaft.
Where mine cars are hoisted by cage
57.19093 Standard signal code.
or skip, means for blocking cars shall

be provided at all landings and also on A standard code of hoisting signals
the cage. shall be adopted and used at each mine.
418
The movement of a shaft conveyance 57.19105 Landings with more than

on a one bell signal is prohibited. one shaft entrance.
57.19094 Posting signal code. A safe means of passage around open

shaft compartments shall be provided
A legible signal code shall be posted on landings with more than one en-
prominently in the hoist house within trance to the shaft.
easy view of the hoistmen, and at each
place where signals are given or re- 57.19106 Shaft sets.
ceived. Shaft sets shall be kept in good re-
57.19095 Location of signal devices. pair and clean of hazardous material.
Hoisting signal devices shall be posi- 57.19107 Precautions for work in

tioned within easy reach of persons on compartment affected by hoisting
the shaft bottom or constantly at- operation.
tended by a person stationed on the Hoistmen shall be informed when
lower deck of the sinking platform. persons are working in a compartment
affected by that hoisting operation and
57.19096 Familiarity with signal a Men Working in Shaft sign shall be
code.
posted at the hoist.
Any person reponsible for receiving
or giving signals for cages, skips, and 57.19108 Posting warning signs dur-
mantrips when persons or materials ing shaft work.
are being transported shall be familiar When persons are working in a shaft
with the posted signaling code. Men Working in Shaft signs shall be
posted at all devices controlling hoist-
SHAFTS ing operations that may endanger such
57.19100 Shaft landing gates. persons.
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.
shall be provided to allow safe move-

ment of persons, equipment and mate-
rials.
419
57.19120 30 CFR Ch. I (7115 Edition)
INSPECTION AND MAINTENANCE (c) Blasting in or near the shaft that

might restrict or obstruct conveyance
57.19120 Procedures for inspection, clearance; or
testing, and maintenance. (d) Remaining idle for one shift or
A systematic procedure of inspection, longer.
testing and maintenance of shaft and
hoisting equipment shall be developed 57.19131 Hoist conveyance connec-
and followed. If it is found or suspected tions.
that any part is not functioning prop- Hoist conveyance connections shall
erly, the hoist shall not be used until be inspected at least once during any
the malfunction has been located and 24-hour period that the conveyance is
repaired or adjustments have been used for hoisting persons.
made.
57.19132 Safety catches.
57.19121 Recordkeeping.
(a) A performance drop test of hoist
At the time of completion, the person conveyance safety catches shall be
performing inspections, tests, and made at the time of installation, or
maintenance of shafts and hoisting prior to installation in a mockup of the
equipment required in standard 57.19120 actual installation. The test shall be
shall certify, by signature and date, certified to in writing by the manufac-
that they have been done. A record of turer or by a registered professional
any part that is not functioning prop- engineer performing the test.
erly shall be made and dated. Certifi- (b) After installation and before use,
cations and records shall be retained and at the beginning of any seven day
for one year. period during which the conveyance is
(Sec. 101, Pub. L. 91173 as amended by Pub. to be used, the conveyance shall be
L. 95164, 91 Stat. 1291 (30 U.S.C. 811)) suitably rested and the hoist rope
slackened to test for the unrestricted
[50 FR 4082, Jan. 29, 1985, as amended at 60 functioning of the safety catches and
FR 33722, June 29, 1995]
their activating mechanisms.
57.19122 Replacement parts. (c) The safety catches shall be in-
spected by a competent person at the
Parts used to repair hoists shall have beginning of any 24-hour period that
properties that will ensure the proper the conveyance is to be used.
and safe function of the hoist.
57.19133 Shaft.
57.19129 Examinations and tests at
beginning of shift. Shafts that have not been inspected
within the past 7 days shall not be used
Hoistmen shall examine their hoists until an inspection has been conducted
and shall test overtravel, deadman con- by a competent person.
trols, position indicators, and braking
mechanisms at the beginning of each 57.19134 Sheaves.
shift.
Sheaves in operating shafts shall be
57.19130 Conveyance shaft test. inspected weekly and kept properly lu-
bricated.
Before hoisting persons and to assure
that the hoisting compartments are 57.19135 Rollers in inclined shafts.
clear of obstructions, empty hoist con-
veyances shall be operated at least one Rollers used in operating inclined
round trip after shafts shall be lubricated, properly
(a) Any hoist or shaft repairs or re- aligned, and kept in good repair.
lated equipment repairs that might re-
strict or obstruct conveyance clear- Subpart SMiscellaneous
ance;
(b) Any oversize or overweight mate- 57.20001 Intoxicating beverages and
narcotics.
rial or equipment trips that might re-

strict or obstruct conveyance clear- Intoxicating beverages and narcotics
ance; shall not be permitted or used in or
420
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
hazardous areas.
where toilet rooms will be occupied by

no more than one person at a time and In underground areas where dan-
can be locked from the inside. gerous accumulations of water, gas,
421
57.20032 30 CFR Ch. I (7115 Edition)
mud, or fire atmosphere could be en- stances classified as blasting agents by

countered, persons shall be removed to the Department of Transportation in
safe places before blasting. 173.114(a) of Title 49 of the Code of
Federal Regulations (1986 Edition).
57.20032 Two-way communication Detonators are devices containing a
equipment for underground oper- detonating charge used to initiate ex-
ations. plosives. Examples of detonators are
Telephones or other two-way commu- blasting caps, electric or non-electric
nication equipment with instructions instantaneous or delay blasting caps
for their use shall be provided for com- and delay connectors. [A copy of Title
munication from underground oper- 49 is available at any Metal and
ations to the surface. Nonmetal Mine Safety and Health Dis-
trict Office of the Mine Safety and
Subpart TSafety Standards for Health Administration].
Methane in Metal and Substantial construction. Construction
Nonmetal Mines of such strength, material, and work-
manship that the object will withstand
air blasts, blasting shock, ground
movement, pressure differentials, wear,
SOURCE: 52 FR 24941, July 1, 1987, unless and usage which may be expected to
otherwise noted. occur in the mining environment.
GENERAL [52 FR 24941, July 1, 1987, as amended at 69
FR 38842, June 29, 2004]
57.22001 Scope.
MINE CATEGORIZATION
This subpart T sets forth procedures
and safety standards for each metal 57.22003 Mine category or sub-
and nonmetal underground mine subcategory.
ject to the Federal Mine Safety and
Health Act of 1977. All metal and (a) All underground mines, and the
nonmetal mines will be placed into one surface mills of Subcategory I-C mines
of the categories or subcategories de- (gilsonite), shall be placed into one of
fined in this subpart. Mines shall oper- the following categories or subcat-
ate in accordance with the applicable egories to protect persons against the
standards in this subpart to protect hazards of methane and dusts con-
persons against the hazards of methane taining volatile matter. Categories and
gas and dust containing volatile mat- subcategories are defined as follows:
ter. The standards in this subpart (1) Category I applies to mines that
apply to underground mines as well as operate within a combustible ore body
surface mills at Subcategory I-C mines. and either liberate methane or have
These mines are also required to be op- the potential to liberate methane based
erated in accordance with the other ap- on the history of the mine or the geo-
plicable health and safety standards logical area in which the mine is lo-
published in 30 CFR part 57. cated. Category I is divided into Sub-
categories I-A, I-B, and I-C as follows:
57.22002 Definitions. (i) Subcategory I-A applies to mines
The following definitions apply in that operate within a combustible ore
this subpart: body and liberate methane and in
Competent person. A person des- which
ignated by the mine operator who has (A) A concentration of 0.25 percent or
sufficient experience and training to more methane has been detected in the
perform the assigned task. mine atmosphere and confirmed by lab-
Explosive material. Explosives, blast- oratory analysis; or
ing agents, and detonators. Explosives (B) An ignition of methane has oc-
are substances classified as explosives curred.
by the Department of Transportation (ii) Subcategory I-B applies to mines
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
422
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.
423
57.22003 30 CFR Ch. I (7115 Edition)
(4) Category IV applies to mines in (5) Category V applies to petroleum

which noncombustible ore is extracted mines. Category V is divided into Sub-
and which liberate a concentration of categories V-A and V-B as follows:
methane that is not explosive nor capa- (i) Subcategory V-A applies to petro-
ble of forming explosive mixtures with leum mines that operate entirely or
air based on the history of the mine or partially within an oil reservoir; and
the geological area in which the mine all other petroleum mines in which
is located. The concentration of meth- (A) A concentration of 0.25 percent or
ane in such mines is not explosive nor more methane has been detected in the
capable of forming explosive mixtures mine atmosphere and confirmed by lab-
if mixed with air as illustrated by oratory analysis; or
Table 1 above, entitled Relation Be- (B) An ignition of methane has oc-
tween Quantitative Composition and curred.
Explosibility of Mixtures of Methane (ii) Subcategory V-B applies to petro-

and Air. leum mines that operate outside of and
drill into an oil resevoir and in which
424
EC21OC91.048</GPH>
(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
of placement of mines. completion of an investigation, the

(a) The Administrators proposed no- committee shall make a written report
tice of placement or change in place- of the findings. These investigations
425
57.22005 30 CFR Ch. I (7115 Edition)
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-
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
426
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).
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.
427
57.22105 30 CFR Ch. I (7115 Edition)
(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-
ing system; and
(2) Equipped with explosion-doors, a

weak-wall, or other equivalent devices (b) Inspected daily while operating if
located to relieve the pressure that persons are underground. Certification
428
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-
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
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
429
57.22212 30 CFR Ch. I (7115 Edition)
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-
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
430
equivalent fire resistance. Stoppings (b)(1) Constructed of noncombustible

constructed to phenolic foam blocks at materials; or
least 12 inches thick need not be coated (2) Where constructed of combustible
for fire resistance. All foam-type materials, the outside surfaces shall be
blocks used for stopping construction coated with at least one inch of con-
shall be solid. struction plaster containing perlite
(c) Exposed surfaces on the fresh air and gypsum; at least one inch of ex-
side of seals constructed of combus- panded vermiculite, Portland cement
tible materials shall be coated with at and limestone; or other coatings with
least one inch of construction plaster equivalent fire resistance;
containing perlite and gypsum; at least (c) Kept clear of obstructions.
one inch of expanded vermiculite, Port-
land cement and limestone; or other 57.22222 Ventilation materials (I-A, I-
coatings with equivalent fire resist- B, I-C, II-A, III, V-A, and V-B mines).
ance. Foam-type blocks shall not be Brattice cloth and ventilation tubing
used for seals. shall be approved by MSHA in accord-
ance with 30 CFR part 7, or shall bear
57.22219 Seals and stoppings (II-A
mines). a BC or VT acceptance number issued
by the MSHA Approval and Certifi-
(a) Exposed surfaces on the intake cation Center.
side of stoppings constructed of com-
bustible materials, except brattice, [54 FR 30508, July 20, 1989]
shall be coated with at least one inch
of construction plaster containing per- 57.22223 Crosscuts before abandon-
ment (III mines).
lite and gypsum; at least one inch of
expanded vermiculite, Portland cement A means of ventilating faces shall be
and limestone; or other coatings with provided before workings are aban-
equivalent fire resistance. doned in unsealed areas, unless cross-
(b) Seals shall be of substantial con- cuts are provided within 30 feet of the
struction. Exposed surfaces on the face.
fresh air side of seals constructed of
combustible materials shall be coated 57.22224 Auxiliary equipment sta-
with at least one inch of construction tions (I-A and III mines).
plaster containing perlite and gypsum; Battery charging stations, com-
at least one inch of expanded pressor stations, pump stations, and
vermiculite, Portland cement and transformer stations shall be installed
limestone; or other coatings with in intake air at locations which are
equivalent fire resistance. Foam-type sufficiently ventilated to prevent the
blocks shall not be used for seals. accumulation of methane.
57.22220 Air passing unsealed areas 57.22225 Auxiliary equipment sta-

(I-A, II-A, III, and V-A mines). tions (I-C mines).
Air that has passed by or through un- Battery charging stations, com-
sealed abandoned or unsealed inactive pressor stations, and electrical sub-
areas and contains 0.25 percent or more stations shall not be installed under-
methane shall ground or within 50 feet of a mine
(a) Be coursed directly to a return opening.
airway;
(b) Be tested daily for methane by a 57.22226 Testing for methane (IV
competent person; and mines).
(c) Not be used to ventilate work Tests for methane shall be conducted
places. in the mine atmosphere by a com-
petent person
57.22221 Overcast and undercast con- (a) At least once each shift prior to
struction (I-A, II-A, III, and V-A starting work in each face and raise;
mines).
and
Overcasts and undercasts shall be (b) Upon initial release of gas into
(a) Of substantial construction; the mine atmosphere from boreholes.
431
57.22227 30 CFR Ch. I (7115 Edition)
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
(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
432
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
shall be permitted in affected areas.
withdrawn from affected areas until

[52 FR 24941, July 1, 1987; 52 FR 27903, July 24, methane is reduced to less than 0.5 per-
1987] cent.
433
57.22237 30 CFR Ch. I (7115 Edition)
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
(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.
434
57.22302 Approved equipment (I-A containing 1.0 percent or more meth-

and V-A mines). ane.
Equipment used in or beyond the last
57.22306 Methane monitors (I-A
open crosscut shall be approved by mines).
MSHA under the applicable require-
ments of 30 CFR parts 18 through 36. (a) Methane monitors shall be in-
Equipment shall not be operated in stalled on continuous mining ma-
atmospheres containing 1.0 percent or chines, longwall mining systems, and
more methane. on loading and haulage equipment used
in or beyond the last open crosscut.
57.22303 Approved equipment (I-C (b) The monitors shall
mines). (1) Give warning at 1.0 percent meth-
Only electrical equipment that is ap- ane;
proved by MSHA under the applicable (2) Automatically deenergize elec-
requirements of 30 CFR parts 18 trical equipment, except power to mon-
through 28 or approved under 30 CFR itoring equipment determined by
part 29 contained in the 30 CFR, parts MSHA to be intrinsically safe under 30
1199, edition, revised as of July 1, 1999, CFR part 18, and prevent starting such
shall be used underground, except for equipment when methane levels reach
submersible sump pumps. 1.5 percent. Diesel equipment shall be
[64 FR 43283, Aug. 10, 1999] shut off or immediately removed from
the affected area; and
57.22304 Approved equipment (II-A (3) Automatically deenergize elec-
mines). trical equipment when power to a sen-
(a) Cutting and drilling equipment sor is interrupted. Diesel equipment
used at a face or bench shall be ap- shall not be operated if the monitor is
proved by MSHA under the applicable inoperative.
requirements of 30 CFR parts 18 (c) Sensing units of monitors shall be
through 36. positioned at a location which provides
(b) While cutting or drilling is in for the most effective measurement of
progress, equipment not approved by methane.
ments of 30 CFR parts 18 through 36 57.22307 Methane monitors (II-A
shall remain at least 100 feet from the mines).
face or bench being mined. (a) Methane monitors shall be in-
(c) Tests for methane shall be con- stalled on continuous mining ma-
ducted immediately before non- chines, longwall mining systems, bench
approved equipment is taken to a face and face drills, and undercutting ma-
or bench after blasting. chines used in or beyond the last open
(d) Mine power transformers and sta- crosscut.
tionary equipment not approved by
(b) The monitors shall
ments of 30 CFR parts 18 through 36 (1) Give warning at 0.5 percent meth-
shall be installed in fresh air or down- ane;
wind from an atmospheric methane (2) Automatically deenergize elec-
monitor sensor. trical equipment, except power to mon-
itoring equipment determined by
57.22305 Approved equipment (III MSHA to be intrinsically safe under 30
mines). CFR part 18, and prevent starting such
Equipment used in or beyond the last equipment when methane levels reach
open crosscut and equipment used in 1.0 percent; and
areas where methane may enter the air (3) Automatically deenergize the
current, such as pillar recovery work- equipment when power to a sensor is
ings, longwall faces and shortwall interrupted.
faces, shall be approved by MSHA (c) Sensing units of monitors shall be
under the applicable requirements of 30 positioned at a location which provides

CFR parts 18 through 36. Equipment for the most effective measurement of
shall not be operated in atmospheres methane.
435
57.22308 30 CFR Ch. I (7115 Edition)
57.22308 Methane monitors (III 57.22311 Electrical cables (II-A

mines). mines).
(a) Methane monitors shall be in- Only jacketed electrical cables ac-
stalled on continuous mining machines cepted or approved by MSHA as flame
and longwall mining systems. resistant shall be used to supply power
(b) The monitors shall to distribution boxes and electrical
(1) Give warning at 1.0 percent meth- equipment operating in face and bench
ane; areas.
(2) Automatically deenergize elec- [57 FR 61223, Dec. 23, 1992]
trical equipment, except power to mon-
itoring equipment determined by 57.22312 Distribution boxes (II-A and
MSHA to be intrinsically safe under 30 V-A mines).
CFR part 18, and prevent starting such
equipment when methane levels reach Distribution boxes containing short
1.5 percent; and circuit protection for trailing cables of
approved equipment shall be approved
(3) Automatically deenergize the
by MSHA under 30 CFR part 18.
equipment when power to a sensor is
interrupted. 57.22313 Explosion-protection sys-
(c) Sensing units of monitors shall be tems (I-C mines).
positioned at a location which provides
for the most effective measurement of Pressure-relief systems including
methane. vents, or explosion suppression sys-
tems, shall be provided on explosive
57.22309 Methane monitors (V-A dust handling and processing equip-
mines). ment and on facilities housing such
(a) Methane monitors shall be in- equipment. Vents shall be installed so
stalled on continuous mining machines that forces are directed away from per-
used in or beyond the last open cross- sons should an explosion occur. The
cut. ratio of vent size to internal size of the
equipment or facility shall not be less
(b) The monitors shall
than one square foot of vent for each 80
(1) Give warning at 1.0 percent meth-
cubic feet of volume or space.
ane.
(2) Automatically deenergize elec- 57.22314 Flow-control devices (V-A
trical equipment, except power to mon- and V-B mines).
itoring equipment determined by
MSHA to be intrinsically safe under 30 Oil recovery drill holes that pene-
CFR part 18, and prevent starting of trate oil bearing formations shall have
such equipment when methane levels devices to control the release of liquid
reach 1.5 percent; and hydrocarbons and hazardous gases dur-
(3) Automatically deenergize the ing the drilling process. Such devices
equipment when power to a sensor is may be recovered for reuse after the
interrupted. formation has been depressurized or
(c) Sensing units of monitors shall be the well or borehole has been capped or
positioned at a location which provides connected to a collection system.
for the most effective measurement of 57.22315 Self-contained breathing ap-
methane. paratus (V-A mines).
57.22310 Electrical cables (I-C mines). Self-contained breathing apparatus
of a duration to allow for escape from
Electrical cables used to power sub-
the mine and sufficient in number to
mersible sump pumps shall be accepted
equip all persons underground shall be
or approved by MSHA as flame resist-
strategically located throughout the
ant, or be installed in continuous
mine. Such apparatus shall be approved
metal conduit or metal pipe. The ends
by MSHA and NIOSH under 42 CFR
of such conduit or pipe shall be sealed
part 84 and shall be maintained in ac-
to prevent entry of explosive gas or
cordance with manufacturers speci-

dust.
fications. This standard does not apply
[57 FR 61223, Dec. 23, 1992] to double entry mining systems where
436
crosscut intervals do not exceed 250 ILLUMINATION

feet.
57.22501 Personal electric lamps (I-A,
[52 FR, 24941, July 1, 1987, as amended at 60 I-B, I-C, II-A, II-B, III, IV, V-A, and
FR 30401, June 8, 1995] V-B mines).
UNDERGROUND RETORTS Electric lamps used for personal illu-
mination shall be approved by MSHA
57.22401 Underground retorts (I-A under the requirements of 30 CFR parts
and I-B mines). 19 or 20, as applicable.
(a) Retorts shall be provided with EXPLOSIVES
(1) Two independent power sources
for main mine ventilation fans and 57.22601 Blasting from the surface (I-
those fans directly ventilating retort A mines).
bulkheads, and for retort blowers, and (a) All development, production, and
provisions for switching promptly from bench rounds shall be initiated from
one power source to the other; and the surface after all persons are out of
(2) An alarm system for blower mal- the mine. Persons shall not enter the
functions and an evacuation plan to as- mine until ventilating air has passed
sure safety of personnel in the event of over the blast area and through at
a failure. least one atmospheric monitoring sen-
(b) Prior to the ignition of under- sor.
ground retorts, a written ignition and (b) After blasting, if the monitoring
operation plan shall be submitted to system indicates that methane in the
the MSHA District Manager for the mine is less than 1.0 percent, persons
area in which the mine is located. The may enter the mine. All places blasted
mine operator shall comply with all shall be tested for methane by a com-
provisions of the retort plan. The re- petent person before work is started.
tort plan shall include (c) If the monitoring system indi-
(1) Acceptable levels of combustible cates the presence of 1.0 percent or
gases and oxygen in retort off-gases more methane, persons other than ex-
during start-up and during burning; aminers shall not enter the mine until
levels at which corrective action will the mine has been examined by a com-
be initiated; levels at which personnel petent person and the methane content
will be removed from the retort areas, has been reduced to less than 1.0 per-
from the mine, and from endangered cent.
surface areas; and the conditions for (d) Vehicles used for transportation
reentering the mine; when examining the mine shall be ap-
(2) Specification and locations of off- proved by MSHA under the applicable
gas monitoring procedures and equip- requirements of 30 CFR parts 18
ment; through 36.
(3) Specifications for construction of [52 FR, 24941, July 1, 1987, as amended at 53
retort bulkheads and seals, and their FR 9615, Mar. 24, 1988]
locations;
EFFECTIVE DATE NOTE: At 53 FR 9615, Mar.
(4) Procedures for ignition of a retort 24, 1988, 57.22601 was stayed until further no-
and for reignition following a shut- tice.
down; and
(5) Details of area monitoring and 57.22602 Blasting from the surface (I-
alarm systems for hazardous gases and C mines).
actions to be taken to assure safety of (a) All blasting shall be initiated
personnel. from the surface after all persons are
out of the mine and any connecting
FR 41397, Oct. 27, 1987; 60 FR 33723, June 29, mines.
1995] (b) Persons shall not enter the mine
until a competent person has examined

the blast sites and methane concentra-
tions are less than 0.5 percent.
437
57.22603 30 CFR Ch. I (7115 Edition)
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
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.
438
Mine Safety and Health Admin., Labor Pt. 57, Subpt. T, App. I
(e) Blast holes shall be stemmed with Subcategory I-B

a noncombustible material in an 57.22201 57.22232
amount to confine the explosive 57.22202 57.22234
charge. Breakthrough holes shall be 57.22217 57.22238
stemmed at both ends. 57.22222 57.22401
(f) Mudcaps or other nonapproved 57.22227 57.22501
57.22231
unconfined shots shall not be blasted.
(g)(1) Blasting units shall be ap- Subcategory I-C
proved by MSHA under 30 CFR part 25; 57.22102 57.22225
or 57.22104 57.22227
(2) Blasting units used to fire more 57.22106 57.22228
than 20 detonators shall provide at 57.22201 57.22233
least 2 amperes through each detonator 57.22202 57.22235
but not more than an average of 100 57.22203
57.22241
57.22209
amperes through one ohm for 10 milli- 57.22210 57.22303
seconds, and provide the necessary cur- 57.22212 57.22310
rent for at least the first 5 milliseconds 57.22216 57.22313
with a cutoff not to exceed 10 milli- 57.22217 57.22501
seconds. 57.22222 57.22602
[52 FR, 24941, July 1, 1987, as amended at 52 Subcategory II-A

FR 41397, Oct. 27, 1987]
57.22101 57.22222
57.22103 57.22227
57.22607 Blasting on shift (III mines). 57.22201 57.22228
When blasting on shift, tests for 57.22202 57.22230
methane shall be made in the mine at- 57.22204 57.22232
mosphere by a competent person before 57.22205 57.22235
57.22206
blasting. Blasting shall not be done 57.22207
57.22301
when 1.0 percent or more methane is 57.22304
57.22208
present. 57.22212 57.22307
57.22214 57.22311
57.22608 Secondary blasting (I-A, II- 57.22215 57.22312
A, and V-A mines). 57.22219 57.22501
57.22220 57.22603
Prior to secondary blasting, tests for 57.22221 57.22608
methane shall be made in the mine at-
mosphere at blast sites by a competent Subcategory II-B
person. Secondary blasting shall not be 57.22201 57.22235
done when 0.5 percent or more methane 57.22227 57.22238
is present. 57.22231 57.22501
57.22232 57.22604
APPENDIX I TO SUBPART T OF PART 57
STANDARD APPLICABILITY BY CAT- Category III
EGORY OR SUBCATEGORY 57.22101 57.22221
57.22103 57.22222
Subcategory I-A 57.22201 57.22223
57.22101 57.22222 57.22202 57.22224
57.22103 57.22224 57.22204 57.22227
57.22201 57.22205 57.22228
57.22227
57.22202 57.22206 57.22229
57.22228 57.22207 57.22234
57.22204 57.22229
57.22205 57.22208 57.22237
57.22234 57.22213 57.22305
57.22206
57.22237 57.22214 57.22308
57.22207
57.22301 57.22215 57.22501
57.22208
57.22211 57.22302 57.22218 57.22606
57.22214 57.22306 57.22220 57.22607
57.22215 57.22401
Category IV
57.22217 57.22501
57.22220 57.22601 57.22105 57.22226
57.22221 57.22608 57.22201 57.22227
439
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]
440
SUBCHAPTER MUNIFORM MINE HEALTH REGULATIONS
PART 62OCCUPATIONAL NOISE ciation (ASHA) or licensed by a state

EXPOSURE board of examiners.
Baseline audiogram. The audiogram
Sec.
recorded in accordance with 62.170(a)
62.100 Purpose and scope; effective date. of this part against which subsequent
62.101 Definitions. audiograms are compared to determine
62.110 Noise exposure assessment. the extent of hearing loss.
62.120 Action level. Criterion level. The sound level which
62.130 Permissible exposure level. if constantly applied for 8 hours results
62.140 Dual hearing protection level. in a dose of 100% of that permitted by
62.150 Hearing conservation program. the standard.
62.160 Hearing protectors. Decibel (dB). A unit of measure of
62.170 Audiometric testing. sound pressure levels, defined in one of
62.171 Audiometric test procedures. two ways, depending upon the use:
62.172 Evaluation of audiograms. (1) For measuring sound pressure lev-
62.173 Follow-up evaluation when an audio-
gram is invalid.
els, the decibel is 20 times the common
62.174 Follow-up corrective measures when logarithm of the ratio of the measured
a standard threshold shift is detected. sound pressure to the standard ref-
62.175 Notification of results; reporting re- erence sound pressure of 20
quirements. micropascals (Pa), which is the
62.180 Training. threshold of normal hearing sensitivity
62.190 Records. at 1000 Hertz (Hz).
APPENDIX TO PART 62 (2) For measuring hearing threshold
AUTHORITY: 30 U.S.C. 811. levels, the decibel is the difference be-
tween audiometric zero (reference pres-
SOURCE: 64 FR 49630, Sept. 13, 1999, unless sure equal to 0 hearing threshold level)
otherwise noted.
and the threshold of hearing of the in-
62.100 Purpose and scope; effective dividual being tested at each test fre-
date. quency.
Dual Hearing Protection Level. A TWA8
The purpose of these standards is to of 105 dBA, or equivalently, a dose of
prevent the occurrence and reduce the 800% of that permitted by the standard,
progression of occupational noise-in- integrating all sound levels from 90
duced hearing loss among miners. This dBA to at least 140 dBA.
part sets forth mandatory health Exchange rate. The amount of in-
standards for each surface and under- crease in sound level, in decibels,
ground metal, nonmetal, and coal mine which would require halving of the al-
subject to the Federal Mine Safety and lowable exposure time to maintain the
Health Act of 1977. The provisions of same noise dose. For the purposes of
this part become effective September this part, the exchange rate is 5 deci-
13, 2000. bels (5 dB).
Hearing protector. Any device or ma-
62.101 Definitions.
terial, capable of being worn on the
The following definitions apply in head or in the ear canal, sold wholly or
this part: in part on the basis of its ability to re-
Access. The right to examine and duce the level of sound entering the
copy records. ear, and which has a scientifically ac-
Action level. An 8-hour time-weighted cepted indicator of noise reduction
average sound level (TWA8) of 85 dBA, value.
or equivalently a dose of 50%, inte- Hertz (Hz). Unit of measurement of
grating all sound levels from 80 dBA to frequency numerically equal to cycles
at least 130 dBA. per second.
Audiologist. A professional, special- Medical pathology. A condition or dis-
izing in the study and rehabilitation of ease affecting the ear.

hearing, who is certified by the Amer- Miners designee. Any individual or
ican Speech-Language-Hearing Asso- organization to whom a miner gives
441
62.110 30 CFR Ch. I (7115 Edition)
written authorization to exercise a ration of exposure at that sound level

right of access to records. shown in Table 621.
Qualified technician. A technician who (1) The mine operator must use Table
has been certified by the Council for 622 when converting from dose read-
Accreditation in Occupational Hearing ings to equivalent TWA8 readings.
Conservation (CAOHC), or by another (2) A miners noise dose determina-
recognized organization offering equiv- tion must:
alent certification. (i) Be made without adjustment for
Permissible exposure level. A TWA8 of the use of any hearing protector;
90 dBA or equivalently a dose of 100% (ii) Integrate all sound levels over
of that permitted by the standard, in- the appropriate range;
tegrating all sound levels from 90 dBA (iii) Reflect the miners full work
to at least 140 dBA. shift;
Reportable hearing loss. A change in (iv) Use a 90-dB criterion level and a
hearing sensitivity for the worse, rel- 5-dB exchange rate; and
ative to the miners baseline audio- (v) Use the A-weighting and slow re-
gram, or the miners revised baseline sponse instrument settings.
audiogram where one has been estab- (c) Observation of monitoring. The
lished in accordance with 62.170(c)(2), mine operator must provide affected
of an average of 25 dB or more at 2000, miners and their representatives with
3000, and 4000 Hz in either ear. an opportunity to observe noise expo-
Revised baseline audiogram. An annual sure monitoring required by this sec-
audiogram designated to be used in lieu tion and must give prior notice of the
of a miners original baseline audio- date and time of intended exposure
gram in measuring changes in hearing monitoring to affected miners and
sensitivity as a result of the cir- their representatives.
cumstances set forth in 62.170(c)(1) or (d) Miner notification. The mine oper-
62.170(c)(2) of this part. ator must notify a miner of his or her
Sound level. The sound pressure level exposure when the miners exposure is
in decibels measured using the A- determined to equal or exceed the ac-
weighting network and a slow re- tion level, exceed the permissible expo-
sponse, expressed in the unit dBA. sure level, or exceed the dual hearing
Standard threshold shift. A change in protection level, provided the mine op-
hearing sensitivity for the worse rel- erator has not notified the miner of an
ative to the miners baseline audio- exposure at such level within the prior
gram, or relative to the most recent re- 12 months. The mine operator must
vised baseline audiogram where one base the notification on an exposure
has been established, of an average of evaluation conducted either by the
10 dB or more at 2000, 3000, and 4000 Hz mine operator or by an authorized rep-
in either ear. resentative of the Secretary of Labor.
Time-weighted average8 hour (TWA8). The mine operator must notify the
The sound level which, if constant over miner in writing within 15 calendar
8 hours, would result in the same noise days of:
dose as is measured. (1) The exposure determination; and
(2) the corrective action being taken.
62.110 Noise exposure assessment. (e) The mine operator must maintain
(a) The mine operator must establish a copy of any such miner notification,
a system of monitoring that evaluates or a list on which the relevant informa-
each miners noise exposure suffi- tion about that miners notice is re-
ciently to determine continuing com- corded, for the duration of the affected
pliance with this part. miners exposure at or above the action
(b) The mine operator must deter- level and for at least 6 months there-
mine a miners noise dose (D, in per- after.
cent) by using a noise dosimeter or by
computing the formula: D=100(C1/T1+C2/ 62.120 Action level.
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
442
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
62.120 .... Miners noise exposure is less None.

than the action level.
62.120 .... Miners exposure equals or ex- Operator enrolls the miner in hearing conservation program (HCP) which in-
ceeds the action level, but does cludes (1) a system of monitoring, (2) voluntary, with two exceptions, use
not exceed the permissible ex- of operator-provided hearing protectors, (3) voluntary audiometric testing,
posure level (PEL). (4) training, and (5) record keeping.
62.130 .... Miners exposure exceeds the PEL Operator uses/continues to use all feasible engineering and administrative
controls to reduce exposure to PEL; enrolls the miner in a HCP including
ensured use of operator-provided hearing protectors; posts administrative
controls and provides copy to affected miner; must never permit a miner to
be exposed to sound levels exceeding 115 dBA.
62.140 .... Miners exposure exceeds the dual Operator enrolls the miner in a HCP, continues to meet all the requirements
hearing protection level. of 62.130, ensures concurrent use of earplug and earmuff.
62.150 Hearing conservation pro- noise exposure equals or exceeds the

gram. action level under 62.120 of this part.
A hearing conservation program es- In addition, the mine operator must:
tablished under this part must include: (1) Train the miner in accordance
(a) A system of monitoring under with 62.180 of this part;
62.110 of this part; (2) Allow the miner to choose a hear-
(b) The provision and use of hearing ing protector from at least two muff
protectors under 62.160 of this part; types and two plug types, and in the
(c) Audiometric testing under 62.170 event dual hearing protectors are re-
through 62.175 of this part; quired, to choose one of each type;
(d) Training under 62.180 of this (3) Ensure that the hearing protector
part; and is in good condition and is fitted and
(e) Recordkeeping under 62.190 of maintained in accordance with the
this part.
manufacturers instructions;
62.160 Hearing protectors. (4) Provide the hearing protector and
necessary replacements at no cost to

(a) A mine operator must provide a
the miner; and
hearing protector to a miner whose
443
62.170 30 CFR Ch. I (7115 Edition)
(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
miner tested;
offer and provide the testing within 12

months where the operator uses mobile (2) A copy of all of the miners
test vans to do the testing. audiograms conducted under this part;
444
(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
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
445
62.174 30 CFR Ch. I (7115 Edition)
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-
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:
446
Mine Safety and Health Admin., Labor Pt. 62, App.
(1) The miner, or with the miners TABLE 621REFERENCE DURATION

written consent, the miners designee, Continued
for all records that the mine operator
dBA T (hours)
must maintain for that individual
miner under this part; 107 ................................................................... 0.76
(2) Any representative of miners des- 108 ................................................................... 0.66
109 ................................................................... 0.57
ignated under part 40 of this title, to 110 ................................................................... 0.50
training certifications compiled under 111 ................................................................... 0.44
62.180(b) of this part and to any notice 112 ................................................................... 0.38
of exposure determination under 113 ................................................................... 0.33
114 ................................................................... 0.29
62.110(d) of this part, for the miners 115 ................................................................... 0.25
whom he or she represents; and
At no time shall any excursion exceed 115 dBA. For any
(3) Any former miner, for records value, the reference duration (T) in hours is computed by: T =
which indicate his or her own exposure. 8/2(L90)/5 where L is the measured A-weighted, slow-re-
sponse sound pressure level.
(b) When a person with access to
records under paragraphs (a)(1), (a)(2), TABLE 622DOSETWA 8 EQUIVALENT
or (a)(3) of this section requests a copy
of a record, the mine operator must TWA8
Dose (per-
provide the first copy of such record at cent)
no cost to that person, and any addi-
25 ............................................................................... 80
tional copies requested by that person 29 ............................................................................... 81
at reasonable cost. 33 ............................................................................... 82
(c) Transfer of records. (1) The mine 38 ............................................................................... 83
operator must transfer all records re- 44 ............................................................................... 84
50 ............................................................................... 85
quired to be maintained by this part, 57 ............................................................................... 86
or a copy thereof, to a successor mine 66 ............................................................................... 87
operator who must maintain the 76 ............................................................................... 88
87 ............................................................................... 89
records for the time period required by 100 ............................................................................. 90
this part. 115 ............................................................................. 91
(2) The successor mine operator must 132 ............................................................................. 92
use the baseline audiogram, or revised 152 ............................................................................. 93
174 ............................................................................. 94
baseline audiogram, as appropriate, ob- 200 ............................................................................. 95
tained by the original mine operator to 230 ............................................................................. 96
determine the existence of a standard 264 ............................................................................. 97
303 ............................................................................. 98
threshold shift or reportable hearing 350 ............................................................................. 99
loss. 400 ............................................................................. 100
460 ............................................................................. 101
APPENDIX TO PART 62 530 ............................................................................. 102
610 ............................................................................. 103
TABLE 621REFERENCE DURATION 700 ............................................................................. 104
800 ............................................................................. 105
dBA T (hours) 920 ............................................................................. 106
1056 ........................................................................... 107
80 ..................................................................... 32.0 1213 ........................................................................... 108
85 ..................................................................... 16.0 1393 ........................................................................... 109
86 ..................................................................... 13.9 1600 ........................................................................... 110
87 ..................................................................... 12.1 1838 ........................................................................... 111
88 ..................................................................... 10.6 2111 ........................................................................... 112
89 ..................................................................... 9.2 2425 ........................................................................... 113
90 ..................................................................... 8.0 2786 ........................................................................... 114
91 ..................................................................... 7.0 3200 ........................................................................... 115
92 ..................................................................... 6.1
93 ..................................................................... 5.3 Interpolate between the values found in this Table, or ex-
tend the Table, by using the formula: TWA8 = 16.61 log10 (D/
94 ..................................................................... 4.6 100) + 90.
95 ..................................................................... 4.0
96 ..................................................................... 3.5
97 ..................................................................... 3.0 TABLE 623AGE CORRECTION VALUE IN
98 ..................................................................... 2.6 DECIBELS FOR MALES (SELECTED FREQUENCIES)
99 ..................................................................... 2.3
100 ................................................................... 2.0 kHz
101 ................................................................... 1.7 Age (years)
102 ................................................................... 1.5 2 3 4
103 ................................................................... 1.3
104 ................................................................... 1.1 20 or less ......................................... 3 4 5

105 ................................................................... 1.0 21 ..................................................... 3 4 5
106 ................................................................... 0.87 22 ..................................................... 3 4 5
447
Pt. 62, App. 30 CFR Ch. I (7115 Edition)
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]
448
SUBCHAPTER OCOAL MINE SAFETY AND HEALTH
PART 70MANDATORY HEALTH Subpart AGeneral

STANDARDSUNDERGROUND
COAL MINES SOURCE: 79 FR 24972, May 1, 2014, unless
otherwise noted.
Subpart AGeneral
70.1 Scope.
Sec.
70.1 Scope. This part 70 sets forth mandatory
70.2 Definitions. health standards for each underground
coal mine subject to the Federal Mine
Subpart BDust Standards Safety and Health Act of 1977, as
70.100 Respirable dust standards. amended.
70.101 Respirable dust standard when quartz
is present. 70.2 Definitions.
Subpart CSampling Procedures
this part.
70.201 Sampling; general and technical re- Act. The Federal Mine Safety and
quirements. Health Act of 1977, Public Law 91173,
70.202 Certified person; sampling. as amended by Public Law 95164 and
70.203 Certified person; maintenance and
calibration.
Public Law 109236.
70.204 Approved sampling devices; mainte- Active workings. Any place in a coal
nance and calibration. mine where miners are normally re-
70.205 Approved sampling devices; oper- quired to work or travel.
ation; air flowrate. Approved sampling device. A sampling
70.206 Bimonthly sampling; mechanized
device approved by the Secretary and
mining units.
70.207 Bimonthly sampling; designated Secretary of Health and Human Serv-
areas. ices (HHS) under part 74 of this title.
70.208 Quarterly sampling; mechanized min- Certified person. An individual cer-
ing units. tified by the Secretary in accordance
70.209 Quarterly sampling; designated areas. with 70.202 to take respirable dust
70.210 Respirable dust samples; trans-
samples required by this part or cer-
mission by operator.
70.211 Respirable dust samples; report to op- tified in accordance with 70.203 to per-
erator; posting. form the maintenance and calibration
70.212 Status change reports. of respirable dust sampling equipment
TABLE 701 TO SUBPART C OF PART 70EXCES- as required by this part.
SIVE CONCENTRATION VALUES (ECV) Coal mine dust personal sampler unit
BASED ON SINGLE, FULL-SHIFT CMDPSU/ (CMDPSU). A personal sampling device
CPDM CONCENTRATION MEASUREMENTS approved under part 74, subpart B, of
TABLE 702 TO SUBPART C OF PART 70EXCES- this title.
SIVE CONCENTRATION VALUES (ECV)
BASED ON THE AVERAGE OF 5 OR 15 FULL- Concentration. A measure of the
SHIFT CMDPSU/CPDM CONCENTRATION amount of a substance contained per
MEASUREMENTS unit volume of air.
Continuous personal dust monitor
Subpart D [Reserved] (CPDM). A personal sampling device
approved under part 74, subpart C of
Subpart EDust From Drilling Rock
this title.
[Reserved]
Designated area (DA). A specific loca-
Subparts FS [Reserved] tion in the mine identified by the oper-
ator in the mine ventilation plan under
Subpart TDiesel Exhaust Gas Monitoring 75.371(t) of this title where samples
will be collected to measure respirable
70.1900 Exhaust Gas Monitoring.
dust generation sources in the active
AUTHORITY: 30 U.S.C. 811, 813(h), 957.
workings; approved by the District

SOURCE: 59 FR 8327, Feb 18, 1994, unless oth- Manager; and assigned a four-digit
erwise noted. identification number by MSHA.
449
Designated occupation (DO). The occu- same working section, each set of min-
pation on a mechanized mining unit ing equipment shall be identified as a
(MMU) that has been determined by re- separate MMU.
sults of respirable dust samples to have MRE instrument. The gravimetric
the greatest respirable dust concentra- dust sampler with a four channel hori-
tion. zontal elutriator developed by the Min-
District Manager. The manager of the ing Research Establishment of the Na-
Coal Mine Safety and Health District tional Coal Board, London, England.
in which the mine is located. MSHA. The Mine Safety and Health
Equivalent concentration. The con- Administration of the U.S. Department
centration of respirable coal mine dust, of Labor.
including quartz, expressed in milli- Normal production shift. A production
grams per cubic meter of air (mg/m3) as shift during which the amount of mate-
measured with an approved sampling rial produced by an MMU is at least
device, determined by dividing the equal to 80 percent of the average pro-
weight of dust in milligrams collected duction recorded by the operator for
on the filter of an approved sampling the most recent 30 production shifts or
device by the volume of air in cubic for all production shifts if fewer than
meters passing through the filter (sam- 30 shifts of production data are avail-
pling time in minutes (t) times the able.
sampling airflow rate in cubic meters Other designated occupation (ODO).
per minute), and then converting that Other occupation on an MMU that is
concentration to an equivalent con- designated for sampling required by
centration as measured by the Mining this part in addition to the DO. Each
Research Establishment (MRE) instru- ODO shall be identified by a four-digit
ment. When the approved sampling de- identification number assigned by
vice is: MSHA.
(1) The CMDPSU, the equivalent con- Production shift. With regard to an
centration is determined by multi- MMU, a shift during which material is
plying the concentration of respirable produced; with regard to a DA of a
coal mine dust by the constant factor mine, a shift during which material is
prescribed by the Secretary. produced and routine day-to-day ac-
(2) The CPDM, the device shall be tivities are occurring in the DA.
programmed to automatically report Quartz. Crystalline silicon dioxide
end-of-shift concentration measure- (SiO2) not chemically combined with
ments as equivalent concentrations. other substances and having a distinc-
Mechanized mining unit (MMU). A tive physical structure.
unit of mining equipment including Representative sample. A respirable
hand loading equipment used for the dust sample, expressed as an equivalent
production of material; or a specialized concentration, that reflects typical
unit which uses mining equipment dust concentration levels and with re-
other than specified in 70.206(b) or in gard to an MMU, normal mining activi-
70.208(b) of this part. Each MMU will ties in the active workings during
be assigned a four-digit identification which the amount of material produced
number by MSHA, which is retained by is equivalent to a normal production
the MMU regardless of where the unit shift; or with regard to a DA, material
relocates within the mine. However, is produced and routine-day-to-day ac-
when: tivities are occurring.
(1) Two sets of mining equipment are Respirable dust. Dust collected with a
used in a series of working places with- sampling device approved by the Sec-
in the same working section and only retary and the Secretary of HHS in ac-
one production crew is employed at cordance with part 74 (Coal Mine Dust
any given time on either set of mining Sampling Devices) of this title.
equipment, the two sets of equipment Secretary. The Secretary of Labor or
shall be identified as a single MMU. a delegate.
(2) Two or more sets of mining equip- Valid respirable dust sample. A res-
ment are simultaneously engaged in pirable dust sample collected and sub-
cutting, mining, or loading coal or mitted as required by this part, includ-
rock from working places within the ing any sample for which the data were
450
electronically transmitted to MSHA, plicable dust standard that exceeds the

and not voided by MSHA. standard established by 70.100(a).
EXAMPLE: Assume the sampled MMU or DA
Subpart BDust Standards is on a 1.5-mg/m3 dust standard. Suppose a
valid representative dust sample with an
equivalent concentration of 1.12 mg/m3 con-
SOURCE: 79 FR 24973, May 1, 2014, unless tains 12.3% of quartz dust, which corresponds
otherwise noted. to a quartz concentration of 138 g/m3.
Therefore, the average concentration of res-
70.100 Respirable dust standards. pirable dust in the mine atmosphere associ-
(a) Each operator shall continuously ated with that MMU or DA shall be main-
tained on each shift at or below 0.8 mg/m3
maintain the average concentration of
(10/12.3% = 0.8 mg/m3).
respirable dust in the mine atmosphere
during each shift to which each miner
in the active workings of each mine is Subpart CSampling Procedures
exposed, as measured with an approved
sampling device and expressed in terms SOURCE: 79 FR 24974, May 1, 2014, unless
of an equivalent concentration, at or otherwise noted.
below:
(1) 2.0 milligrams of respirable dust 70.201 Sampling; general and tech-
nical requirements.
per cubic meter of air (mg/m3).
(2) 1.5 mg/m3 as of August 1, 2016. (a) Only an approved coal mine dust
(b) Each operator shall continuously personal sampler unit (CMDPSU) shall
maintain the average concentration of be used to take bimonthly samples of
respirable dust within 200 feet outby the concentration of respirable coal
the working faces of each section in mine dust from the designated occupa-
the intake airways as measured with tion (DO) in each MMU as required by
an approved sampling device and ex- this part until Janaury 31, 2016. On
pressed in terms of an equivalent con- February 1, 2016, DOs in each MMU
centration at or below: shall be sampled quarterly with an ap-
(1) 1.0 mg/m3. proved CPDM as required by this part
(2) 0.5 mg/m3 as of August 1, 2016. and an approved CMDPSU shall not be
used, unless notified by the Secretary
70.101 Respirable dust standard to continue to use an approved
when quartz is present. CMDPSU to conduct quarterly sam-
(a) Each operator shall continuously pling.
maintain the average concentration of (b) Only an approved CMDPSU shall
respirable quartz dust in the mine at- be used to take bimonthly samples of
mosphere during each shift to which the concentration of respirable coal
each miner in the active workings of mine dust from each designated area
each mine is exposed at or below 0.1 (DA) as required by this part until Jan-
mg/m3 (100 micrograms per cubic meter uary 31, 2016. On February 1, 2016:
or g/m3) as measured with an approved (1) DAs associated with an MMU
sampling device and expressed in terms shall be redesignated as Other Des-
of an equivalent concentration. ignated Occupations (ODO). ODOs shall
(b) When the equivalent concentra- be sampled quarterly with an approved
tion of respirable quartz dust exceeds CPDM as required by this part and an
100 g/m3, the operator shall continu- approved CMDPSU shall not be used,
ously maintain the average concentra- unless notified by the Secretary to con-
tion of respirable dust in the mine at- tinue to use an approved CMDPSU to
mosphere during each shift to which conduct quarterly sampling.
each miner in the active workings is (2) DAs identified by the operator
exposed as measured with an approved under 75.371(t) of this chapter shall be
sampling device and expressed in terms sampled quarterly with an approved
of an equivalent concentration at or CMDPSU as required by this part, un-
below the applicable dust standard. less the operator notifies the District
The applicable dust standard is com- Manager in writing that only an ap-
puted by dividing the percent of quartz proved CPDM will be used for all DA
into the number 10. The application of sampling at the mine. The notification
this formula shall not result in an ap- must be received at least 90 days before
451
70.202 30 CFR Ch. I (7115 Edition)
the beginning of the quarter in which shifts, or for all production shifts if
CPDMs will be used to collect the DA fewer than 30 shifts of production data
samples. are available. Production records shall
(c) Sampling devices shall be worn or be retained for at least six months and
carried directly to the MMU or DA to shall be made available for inspection
be sampled and from the MMU or DA by authorized representatives of the
sampled and shall be operated portal- Secretary and the representative of
to-portal. Sampling devices shall re- miners.
main with the occupation or DA being (h) Operators using CPDMs shall pro-
sampled and shall be operational dur- vide training to all miners expected to
ing the entire shift, which includes the wear a CPDM. The training shall be
total time spent in the MMU or DA and completed prior to a miner wearing a
while traveling to and from the mining CPDM and then every 12 months there-
section or area being sampled. If the after. The training shall include:
work shift to be sampled is longer than (1) The importance of monitoring
12 hours and the sampling device is: dust concentrations and properly wear-
(1) A CMDPSU, the operator shall ing the CPDM.
switch-out the units sampling pump (2) Explaining the basic features and
prior to the 13th-hour of operation. capabilities of the CPDM;
(2) A CPDM, the operator shall (3) Discussing the various types of in-
switch-out the CPDM with a fully formation displayed by the CPDM and
charged device prior to the 13th-hour of how to access that information; and
operation. (4) How to start and stop a short-
(d) If using a CMDPSU, one control term sample run during compliance
filter shall be used for each shift of sampling.
sampling. Each control filter shall: (i) An operator shall keep a record of
(1) Have the same pre-weight date the CPDM training at the mine site for
(noted on the dust data card) as the fil- 24 months after completion of the
ters used for sampling; training. An operator may keep the
(2) Remain plugged at all times; record elsewhere if the record is imme-
(3) Be used for the same amount of diately accessible from the mine site
time, and exposed to the same tem- by electronic transmission. Upon re-
perature and handling conditions as quest from an authorized representa-
the filters used for sampling; tive of the Secretary, Secretary of
(4) Be kept with the exposed samples HHS, or representative of miners, the
after sampling and in the same mailing operator shall promptly provide access
container when transmitted to MSHA. to any such training records. The
(e) Records showing the length of record shall include:
each production shift for each MMU (1) The date of training;
shall be made and retained for at least (2) The names of miners trained; and
six months and shall be made available (3) The subjects included in the train-
for inspection by authorized represent- ing.
atives of the Secretary and the rep- (j) An anthracite mine using the full
resentative of miners, and submitted to box, open breast, or slant breast min-
the District Manager when requested ing method may use either a CPDM or
in writing. a CMDPSU to conduct the required
(f) Upon request from the District sampling. The mine operator shall no-
Manager, the operator shall submit the tify the District Manager in writing of
date and time any respirable dust sam- its decision to not use a CPDM.
pling required by this part will begin. (k) MSHA approval of the dust con-
This information shall be submitted at trol portion of the operators mine ven-
least 48 hours prior to the scheduled tilation plan may be revoked based on
sampling. samples taken by MSHA or in accord-
(g) To establish a normal production ance with this part 70.
shift, the operator shall record the
amount of run-of-mine material pro- 70.202 Certified person; sampling.
duced by each MMU during each shift (a) The respirable dust sampling re-
to determine the average production quired by this part shall be performed
for the most recent 30 production by a certified person.
452
(b) To be certified, a person shall work on the CPDM or the pump unit of
complete the applicable MSHA course the CMDPSU.
of instruction and pass the MSHA ex- (b) Sampling devices shall be cali-
amination demonstrating competency brated at the flowrate of 2.0 liters of
in sampling procedures. Persons not air per minute (L/min) if using a
certified in sampling, and those cer- CMDPSU; at 2.2 L/min if using a
tified only in maintenance and calibra- CPDM; or at a different flowrate rec-
tion procedures in accordance with ommended by the manufacturer, before
70.203(b), are not permitted to collect they are put into service and, there-
respirable dust samples required by after, at time intervals recommended
this part or handle approved sampling by the manufacturer or prescribed by
devices when being used in sampling. the Secretary or Secretary of HHS.
(c) To maintain certification, a per- (c) If using a CMDPSU, each sam-
son must pass the MSHA examination pling device shall be examined and
demonstrating competency in sampling tested by a person certified in sampling
procedures every three years. or in maintenance and calibration
(d) MSHA may revoke a persons cer- within 3 hours before the start of the
tification for failing to properly carry shift on which the approved sampling
out the required sampling procedures. devices will be used to collect res-
70.203 Certified person; maintenance pirable dust samples. This is to assure
and calibration. that the sampling devices are clean and
in proper working condition. This ex-
(a) Approved sampling devices shall amination and testing shall include the
be maintained and calibrated by a cer- following:
tified person.
(1) Examination of all components of
(b) To be certified, a person shall
the cyclone assembly to assure that
complete the applicable MSHA course
they are clean and free of dust and dirt.
of instruction and pass the MSHA ex-
This includes examining the interior of
amination demonstrating competency
the connector barrel (located between
in maintenance and calibration proce-
the cassette assembly and vortex find-
dures for approved sampling devices.
Necessary maintenance of the sampling er), vortex finder, cyclone body, and
head assembly of a CMDPSU, or the cy- grit pot;
clone assembly of a CPDM, can be per- (2) Examination of the inner surface
formed by persons certified in sampling of the cyclone body to assure that it is
or in maintenance and calibration. free of scoring or scratch marks on the
(c) To maintain certification, a per- inner surface of the cyclone where the
son must pass the MSHA examination air flow is directed by the vortex finder
demonstrating competency in mainte- into the cyclone body;
nance and calibration procedures every (3) Examination of the external hose
three years. connecting the pump unit to the sam-
(d) MSHA may revoke a persons cer- pling head assembly to assure that it is
tification for failing to properly carry clean and free of leaks; and
out the required maintenance and cali- (4) Examination of the clamping and
bration procedures. positioning of the cyclone body, vortex
finder, and cassette to assure that they
70.204 Approved sampling devices; are rigid, in alignment, firmly in con-
maintenance and calibration. tact, and airtight.
(a) Approved sampling devices shall (5) Testing the voltage of each bat-
be maintained as approved under part tery while under actual load to assure
74 of this title and calibrated in accord- the battery is fully charged. This re-
ance with MSHA Informational Report quires that a fully assembled and ex-
IR 1240 (1996) Calibration and Mainte- amined sampling head assembly be at-
nance Procedures for Coal Mine Res- tached to the pump inlet with the
pirable Dust Samplers or in accord- pump unit running when the voltage
ance with the manufacturers rec- check is made. The voltage for the bat-
ommendations, if using a CPDM. Only teries used in the CMDPSU shall not be
persons certified in maintenance and lower than the product of the number
calibration can perform maintenance of cells in the battery multiplied by
453
70.205 30 CFR Ch. I (7115 Edition)
the manufacturers nominal voltage er flowrate is not maintained, nec-

per cell value. essary adjustments shall be made by
(d) If using a CPDM, the certified per- the certified person. This examination
son in sampling or in maintenance and is not required if the sampling device is
calibration shall: being operated in an anthracite coal
(1) Follow the pre-operational exami- mine using the full box, open breast, or
nations, testing, and set-up procedures, slant breast mining method.
and perform necessary external main- (2) The last hour of operation to as-
tenance recommended by the manufac- sure that the sampling device is oper-
turer to assure the operational readi- ating properly and at the proper
ness of each CPDM within 3 hours be- flowrate. If the proper flowrate is not
fore the start of the shift on which the maintained, the respirable dust sample
sampling devices will be used to collect shall be transmitted to MSHA with a
respirable dust samples; and notation by the certified person on the
(2) Perform other required scheduled back of the dust data card stating that
examinations and maintenance proce- the proper flowrate was not main-
dures recommended by the manufac- tained. Other events occurring during
turer. the collection of respirable dust sam-
(e) You must proceed in accordance ples that may affect the validity of the
with Calibration and Maintenance sample, such as dropping of the sam-
Procedures for Coal Mine Respirable pling head assembly onto the mine
Dust Samplers, MSHA Informational floor, shall be noted on the back of the
Report IR 1240 (1996) referenced in para- dust data card.
graph (a) of this section. The Director (c) If using a CPDM, the person cer-
of the Federal Register approves this tified in sampling shall monitor the
incorporation by reference in accord- dust concentrations and the sampling
ance with 5 U.S.C. 552(a) and 1 CFR status conditions being reported by the
part 51. You may obtain a copy from sampling device at mid-shift or more
the MSHA Web site at http:// frequently as specified in the approved
www.msha.gov and you may inspect or mine ventilation plan to assure: The
obtain a copy at MSHA, Coal Mine sampling device is in the proper loca-
Safety and Health, 1100 Wilson Blvd., tion and operating properly; and the
Room 2424, Arlington, Virginia 22209 work environment of the occupation or
3939 and at each MSHA Coal Mine Safe- DA being sampled remains in compli-
ty and Health District Office, or at the ance with the applicable standard at
National Archives and Records Admin- the end of the shift. This monitoring is
istration (NARA). For information on not required if the sampling device is
the availability of this material at being operated in an anthracite coal
NARA, call 2027416030, or go to: http:// mine using the full box, open breast, or
www.archives.gov/federallregister/ slant breast mining method.
codeloflfederallregulations/
70.206 Bimonthly sampling; mecha-
ibrllocations.html. nized mining units.
70.205 Approved sampling devices; Until January 31, 2016:
operation; air flowrate. (a) Each operator shall take five
(a) Approved sampling devices shall valid representative samples from the
be operated at the flowrate of 2.0 L/min designated occupation (DO) in each
if using a CMDPSU; at 2.2 L/min if mechanized mining unit (MMU) during
using a CPDM; or at a different each bimonthly period. DO samples
flowrate recommended by the manufac- shall be collected on consecutive nor-
turer. mal production shifts or normal pro-
(b) If using a CMDPSU, each ap- duction shifts each of which is worked
proved sampling device shall be exam- on consecutive days. The bimonthly pe-
ined each shift by a person certified in riods are:
sampling during: January 1February 28 (29)
March 1April 30
(1) The second hour after being put May 1June 30
into operation to assure it is in the July 1August 31

proper location, operating properly, September 1October 31
and at the proper flowrate. If the prop- November 1December 31
454
(b) Unless otherwise directed by the (c) When the respirable dust standard
District Manager, the DO samples shall is changed in accordance with 70.101,
be taken by placing the approved sam- the new applicable standard shall be-
pling device as specified in paragraphs come effective 7 calendar days after
(b)(1) through (b)(10) of this section. the date of the notification of the
(1) Conventional section using cutting change by MSHA.
machine. On the cutting machine oper- (d) If a normal production shift is not
ator or on the cutting machine within achieved, the DO sample for that shift
36 inches inby the normal working po- may be voided by MSHA. However, any
sition; sample, regardless of production, that
(2) Conventional section blasting off the exceeds the applicable standard by at
solid. On the loading machine operator least 0.1 mg/m3 shall be used in the de-
or on the loading machine within 36 termination of the equivalent con-
inches inby the normal working posi- centration for that MMU.
tion; (e) When a valid representative sam-
(3) Continuous mining section other ple taken in accordance with this sec-
than auger-type. On the continuous tion meets or exceeds the excessive
mining machine operator or on the concentration value (ECV) in Table 70
continuous mining machine within 36 1 that corresponds to the applicable
inches inby the normal working posi- standard and particular sampling de-
tion; vice used, the operator shall:
(4) Continuous mining machine; auger- (1) Make approved respiratory equip-
type. On the jacksetter who works ment available to affected miners in
nearest the working face on the return accordance with 72.700 of this chapter;
air side of the continuous mining ma- (2) Immediately take corrective ac-
chine or at a location that represents tion to lower the concentration of res-
the maximum concentration of dust to pirable dust to at or below the applica-
which the miner is exposed; ble respirable dust standard; and
(5) Scoop section using cutting machine. (3) Make a record of the corrective
On the cutting machine operator or on actions taken. The record shall be cer-
the cutting machine within 36 inches tified by the mine foreman or equiva-
inby the normal working position; lent mine official, no later than the
(6) Scoop section, blasting off the solid. end of the mine foremans or equiva-
On the coal drill operator or on the lent officials next regularly scheduled
coal drill within 36 inches inby the nor- working shift. The record shall be
mal working position; made in a secure book that is not sus-
(7) Longwall section. On the miner ceptible to alteration or electronically
who works nearest the return air side in a computer system so as to be secure
of the longwall working face or along and not susceptible to alteration. Such
the working face on the return side records shall be retained at a surface
within 48 inches of the corner; location at the mine for at least 1 year
(8) Hand loading section with a cutting and shall be made available for inspec-
machine. On the cutting machine oper- tion by authorized representatives of
ator or on the cutting machine within the Secretary and the representative of
36 inches inby the normal working po- miners.
sition; (f) Noncompliance with the applica-
(9) Hand loading section blasting off the ble standard is demonstrated during
solid. On the hand loader exposed to the the sampling period when:
greatest dust concentration or at a lo- (1) Two or more valid representative
cation that represents the maximum samples meet or exceed the ECV in
concentration of dust to which the Table 701 that corresponds to the ap-
miner is exposed; plicable standard and particular sam-
(10) Anthracite mine sections. On the pling device used; or
hand loader exposed to the greatest (2) The average for all valid rep-
dust concentration or at a location resentative samples meets or exceeds
that represents the maximum con- the ECV in Table 702 that corresponds
centration of dust to which the miner to the applicable standard and par-
is exposed. ticular sampling device used.
455
70.207 30 CFR Ch. I (7115 Edition)
(g) Unless otherwise directed by the 70.207 Bimonthly sampling; des-

District Manager, upon issuance of a ignated areas.
citation for a violation of the applica- Until January 31, 2016:
ble standard involving a DO in an (a) Each operator shall take one valid
MMU, paragraph (a) of this section representative sample from each des-
shall not apply to that MMU until the ignated area (DA) on a production shift
violation is abated and the citation is during each bimonthly period. The bi-
terminated in accordance with para- monthly periods are:
graphs (h) and (i) of this section. February 1March 31
(h) Upon issuance of a citation for April 1May 31
violation of the applicable standard, June 1July 31
the operator shall take the following August 1September 30
actions sequentially: October 1November 30
(1) Make approved respiratory equip- December 1January 31.
ment available to affected miners in (b) When the respirable dust standard
accordance with 72.700 of this chapter; is changed in accordance with 70.101,
the new applicable standard shall be-
(2) Immediately take corrective ac-
come effective 7 calendar days after
tion to lower the concentration of res-
the date of the notification of the
pirable coal mine dust to at or below
change by MSHA.
the applicable standard; and
(c) Upon notification from MSHA
(3) Make a record of the corrective that any valid sample taken from a DA
actions taken. The record shall be cer- to meet the requirements of paragraph
tified by the mine foreman or equiva- (a) of this section exceeds the applica-
lent mine official, no later than the ble standard, the operator shall take
end of the mine foremans or equiva- five valid representative samples from
lent officials next regularly scheduled that DA within 15 calendar days. The
working shift. The record shall be operator shall begin such sampling on
made in a secure book that is not sus- the first day on which there is a pro-
ceptible to alteration or electronically duction shift following the day of re-
in a computer system so as to be secure ceipt of notification.
and not susceptible to alteration. Such (d) When a valid representative sam-
records shall be retained at a surface ple taken in accordance with this sec-
location at the mine for at least 1 year tion meets or exceeds the ECV in Table
and shall be made available for inspec- 701 that corresponds to the applicable
tion by authorized representatives of standard and particular sampling de-
the Secretary and the representative of vice used, the operator shall:
miners. (1) Make approved respiratory equip-
(4) Begin sampling, within 8 calendar ment available to affected miners in
days after the date the citation is accordance with 72.700 of this chapter;
issued, the environment of the affected (2) Immediately take corrective ac-
occupation in the MMU on consecutive tion to lower the concentration of res-
normal production shifts until five pirable coal mine dust to at or below
valid representative samples are taken. the applicable standard; and
(i) A citation for a violation of the (3) Make a record of the corrective
applicable standard shall be termi- actions taken. The record shall be cer-
nated by MSHA when: tified by the mine foreman or equiva-
(1) Each of the five valid representa- lent mine official, no later than the
tive samples is at or below the applica- end of the mine foremans or equiva-
ble standard; and lent officials next regularly scheduled
(2) The operator has submitted to the working shift. The record shall be
District Manager revised dust control made in a secure book that is not sus-
parameters as part of the mine ventila- ceptible to alteration or electronically
tion plan applicable to the MMU in the in a computer system so as to be secure
citation, and the changes have been ap- and not susceptible to alteration. Such
proved by the District Manager. The records shall be retained at a surface
revised parameters shall reflect the location at the mine for at least 1 year
control measures used by the operator and shall be made available for inspec-
to abate the violation. tion by authorized representatives of
456
the Secretary and the representative of (h) A citation for a violation of the
miners. applicable standard shall be termi-
(e) Noncompliance with the applica- nated by MSHA when:
ble standard is demonstrated during (1) Each of the five valid representa-
the sampling period when: tive samples is at or below the applica-
(1) Two or more valid representative ble standard; and
samples meet or exceed the ECV in (2) The operator has submitted to the
Table 701 that corresponds to the ap- District Manager revised dust control
plicable standard and the particular parameters as part of the mine ventila-
sampling device used; or tion plan applicable to the DA in the
(2) The average for all valid rep- citation, and the changes have been ap-
resentative samples meets or exceeds proved by the District Manager. The
the ECV in Table 702 that corresponds revised parameters shall reflect the
to the applicable standard and the par- control measures used by the operator
ticular sampling device used. to abate the violation.
(f) Unless otherwise directed by the
70.208 Quarterly sampling; mecha-
District Manager, upon issuance of a nized mining units.
citation for a violation of the applica-
ble standard, paragraph (a) of this sec- On February 1, 2016:
tion shall not apply to that DA until (a) The operator shall sample each
the violation is abated and the citation calendar quarter:
is terminated in accordance with para- (1) The designated occupation (DO) in
graphs (g) and (h) of this section. each MMU on consecutive normal pro-
(g) Upon issuance of a citation for duction shifts until 15 valid representa-
violation of the applicable standard, tive samples are taken. The District
the operator shall take the following Manager may require additional groups
actions sequentially: of 15 valid representative samples when
information indicates the operator has
(1) Make approved respiratory equip-
not followed the approved ventilation
ment available to affected miners in
plan for any MMU.
accordance with 72.700 of this chapter;
(2) Each other designated occupation
(ODO) specified in paragraphs (b)(1)
tion to lower the concentration of res-
through (b)(10) of this section in each
MMU or specified by the District Man-
the applicable standard; and ager and identified in the approved
(3) Make a record of the corrective mine ventilation plan on consecutive
actions taken. The record shall be cer- normal production shifts until 15 valid
tified by the mine foreman or equiva- representative samples are taken.
lent mine official, no later than the Sampling of each ODO type shall begin
end of the mine foremans or equiva- after fulfilling the sampling require-
lent officials next regularly scheduled ments of paragraph (a)(1) of this sec-
working shift. The record shall be tion. When required to sample more
made in a secure book that is not sus- than one ODO type, each ODO type
ceptible to alteration or electronically must be sampled over separate time pe-
in a computer system so as to be secure riods during the calendar quarter.
and not susceptible to alteration. Such (3) The quarterly periods are:
records shall be retained at a surface January 1March 31
location at the mine for at least 1 year April 1June 30
and shall be made available for inspec- July 1September 30
tion by authorized representatives of October 1December 31.
the Secretary and the representative of (b) Unless otherwise directed by the
miners. District Manager, the approved sam-
(4) Begin sampling, within 8 calendar pling device shall be worn by the miner
days after the date the citation is assigned to perform the duties of the
issued, the environment of the affected DO or ODO specified in paragraphs
DA on consecutive normal production (b)(1) through (b)(10) of this section or

shifts until five valid representative by the District Manager for each type
samples are taken. of MMU.
457
70.208 30 CFR Ch. I (7115 Edition)
(1) Conventional section using cutting used in the determination of the equiv-
machine. DOThe cutting machine op- alent concentration for that occupa-
erator; tion.
(2) Conventional section blasting off the (e) When a valid representative sam-
solid. DOThe loading machine oper- ple taken in accordance with this sec-
ator; tion meets or exceeds the ECV in Table
(3) Continuous mining section other 701 that corresponds to the applicable
than auger-type. DOThe continuous standard and particular sampling de-
mining (CM) machine operator or mo- vice used, the operator shall:
bile bridge operator when using contin- (1) Make approved respiratory equip-
uous haulage; ODOThe roof bolting ment available to affected miners in
machine operator who works nearest accordance with 72.700 of this chapter;
the working face on the return air side (2) Immediately take corrective ac-
of the continuous mining machine; the tion to lower the concentration of res-
face haulage operators on MMUs using pirable dust to at or below the applica-
blowing face ventilation; the face haul- ble respirable dust standard; and
age operators on MMUs ventilated by (3) Make a record of the corrective
split intake air (fishtail ventilation) actions taken. The record shall be cer-
as part of a super-section; and face tified by the mine foreman or equiva-
haulage operators where two contin- lent mine official, no later than the
uous mining machines are operated on end of the mine foremans or equiva-
an MMU. lent officials next regularly scheduled
(4) Continuous mining section using working shift. The record shall be
auger-type machine. DOThe jacksetter made in a secure book that is not sus-
who works nearest the working face on ceptible to alteration or electronically
the return air side of the continuous in a computer system so as to be secure
mining machine; and not susceptible to alteration. Such
(5) Scoop section using cutting machine. records shall be retained at a surface
DOThe cutting machine operator; location at the mine for at least 1 year
(6) Scoop section, blasting off the solid. and shall be made available for inspec-
DOThe coal drill operator; tion by authorized representatives of
(7) Longwall section. DOThe the Secretary and the representative of
longwall operator working on the tail- miners.
gate side of the longwall mining ma- (f) Noncompliance with the applica-
chine; ODOThe jacksetter who works ble standard is demonstrated during
nearest the return air side of the the sampling period when:
longwall working face, and the me- (1) Three or more valid representa-
chanic; tive samples meet or exceed the ECV in
(8) Hand loading section with a cutting Table 701 that corresponds to the ap-
machine. DOThe cutting machine op- plicable standard and the particular
erator; sampling device used; or
(9) Hand loading section blasting off the (2) The average for all valid rep-
solid. DOThe hand loader exposed to resentative samples meets or exceeds
the greatest dust concentration; and the ECV in Table 702 that corresponds
(10) Anthracite mine sections. DOThe to the applicable standard and the par-
hand loader exposed to the greatest ticular sampling device used.
dust concentration. (g)(1) Unless otherwise directed by
(c) When the respirable dust standard the District Manager, upon issuance of
is changed in accordance with 70.101, a citation for a violation of the appli-
the new applicable standard shall be- cable standard involving a DO in an
come effective 7 calendar days after MMU, paragraph (a)(1) shall not apply
the date of notification of the change to the DO in that MMU until the viola-
by MSHA. tion is abated and the citation is ter-
(d) If a normal production shift is not minated in accordance with paragraphs
achieved, the DO or ODO sample for (h) and (i) of this section.
that shift may be voided by MSHA. (2) Unless otherwise directed by the
However, any sample, regardless of pro- District Manager, upon issuance of a

duction, that exceeds the applicable citation for a violation of the applica-
standard by at least 0.1 mg/m3 shall be ble standard involving a type of ODO in
458
an MMU, paragraph (a)(2) shall not (a) The operator shall sample quar-
apply to that ODO type in that MMU terly each designated area (DA) on con-
until the violation is abated and the ci- secutive production shifts until five
tation is terminated in accordance valid representative samples are taken.
with paragraphs (h) and (i) of this sec- The quarterly periods are:
tion. January 1March 31
(h) Upon issuance of a citation for April 1June 30
violation of the applicable standard, July 1September 30
the operator shall take the following October 1December 31.
actions sequentially: (b) When the respirable dust standard
(1) Make approved respiratory equip- is changed in accordance with 70.101,
ment available to affected miners in the new applicable standard shall be-
accordance with 72.700 of this chapter; come effective 7 calendar days after
(2) Immediately take corrective ac- the date of the notification of the
tion to lower the concentration of res- change by MSHA.
(c) When a valid representative sam-
the applicable standard; and
ple taken in accordance with this sec-
(3) Make a record of the corrective
tion meets or exceeds the ECV in Table
actions taken. The record shall be cer-
701 that corresponds to the applicable
tified by the mine foreman or equiva-
standard and particular sampling de-
lent mine official, no later than the
vice used, the operator shall:
end of the mine foremans or equiva-
lent officials next regularly scheduled (1) Make approved respiratory equip-
working shift. The record shall be ment available to affected miners in
made in a secure book that is not sus- accordance with 72.700 of this chapter;
ceptible to alteration or electronically (2) Immediately take corrective ac-
in a computer system so as to be secure tion to lower the concentration of res-
and not susceptible to alteration. Such pirable dust to at or below the applica-
records shall be retained at a surface ble respirable dust standard; and
location at the mine for at least 1 year (3) Make a record of the corrective
and shall be made available for inspec- actions taken. The record shall be cer-
tion by authorized representatives of tified by the mine foreman or equiva-
the Secretary and the representative of lent mine official, no later than the
miners. end of the mine foremans or equiva-
(4) Begin sampling, within 8 calendar lent officials next regularly scheduled
days after the date the citation is working shift. The record shall be
issued, the environment of the affected made in a secure book that is not sus-
occupation in the MMU on consecutive ceptible to alteration or electronically
normal production shifts until five in a computer system so as to be secure
valid representative samples are taken. and not susceptible to alteration. Such
(i) A citation for violation of the ap- records shall be retained at a surface
plicable standard shall be terminated location at the mine for at least 1 year
by MSHA when: and shall be made available for inspec-
(1) Each of the five valid representation by authorized representatives of
tive samples is at or below the applica- the Secretary and the representative of
ble standard; and miners.
(2) The operator has submitted to the (d) Noncompliance with the applica-
District Manager revised dust control ble standard is demonstrated during
parameters as part of the mine ventila- the sampling period when:
tion plan applicable to the MMU in the (1) Two or more valid representative
citation and the changes have been ap- samples meet or exceed the ECV in
proved by the District Manager. The Table 701 that corresponds to the ap-
revised parameters shall reflect the plicable standard and the particular
control measures used by the operator sampling device used; or
to abate the violation. (2) The average for all valid rep-
resentative samples meets or exceeds
70.209 Quarterly sampling; des-
the ECV in Table 702 that corresponds

ignated areas. to the applicable standard and par-
On February 1, 2016: ticular sampling device used.
459
70.210 30 CFR Ch. I (7115 Edition)
(e) Unless otherwise directed by the 70.210 Respirable dust samples;

District Manager, upon issuance of a transmission by operator.
citation for a violation of the applica- (a) If using a CMDPSU, the operator
ble standard, paragraph (a) of this sec- shall transmit within 24 hours after the
tion shall not apply to that DA until end of the sampling shift all samples
the violation is abated and the citation collected to fulfill the requirements of
is terminated in accordance with para- this part, including control filters, in
graphs (f) and (g) of this section. containers provided by the manufac-
(f) Upon issuance of a citation for a turer of the filter cassette to: Res-
violation of the applicable standard, pirable Dust Processing Laboratory,
the operator shall take the following Pittsburgh Safety and Health Tech-
actions sequentially: nology Center, Cochrans Mill Road,
(1) Make approved respiratory equip- Building 38, P.O. Box 18179, Pittsburgh,
ment available to affected miners in Pennsylvania 152360179, or to any
accordance with 72.700 of this chapter; other address designated by the Dis-
trict Manager.
(b) The operator shall not open or
tion to lower the concentration of res- tamper with the seal of any filter cas-
pirable coal mine dust to at or below sette or alter the weight of any filter
the applicable standard; and cassette before or after it is used to ful-
(3) Make a record of the corrective fill the requirements of this part.
actions taken. The record shall be cer- (c) A person certified in sampling
tified by the mine foreman or equiva- shall properly complete the dust data
lent mine official, no later than the card that is provided by the manufac-
end of the mine foremans or equiva- turer for each filter cassette. The card
lent officials next regularly scheduled shall have an identification number
working shift. The record shall be identical to that on the cassette used
made in a secure book that is not sus- to take the sample and be submitted to
ceptible to alteration or electronically MSHA with the sample. Each card
in a computer system so as to be secure shall be signed by the certified person
and not susceptible to alteration. Such who actually performed the required
records shall be retained at a surface examinations under 70.205(b) of this
location at the mine for at least 1 year part during the sampling shift and
and shall be made available for inspec- shall include that persons MSHA Indi-
tion by authorized representatives of vidual Identification Number (MIIN).
the Secretary and the representative of Respirable dust samples with data
miners. cards not properly completed may be
(4) Begin sampling, within 8 calendar voided by MSHA.
days after the date the citation is (d) All respirable dust samples col-
issued, the environment of the affected lected by the operator shall be consid-
DA on consecutive normal production ered taken to fulfill the sampling re-
shifts until five valid representative quirements of part 70, 71, or 90 of this
samples are taken. title, unless the sample has been iden-
tified in writing by the operator to the
(g) A citation for a violation of the
District Manager, prior to the intended
applicable standard shall be termi-
sampling shift, as a sample to be used
nated by MSHA when:
for purposes other than required by
(1) Each of the five valid representa- part 70, 71, or 90 of this title.
tive samples is at or below the applica- (e) Respirable dust samples received
ble standard; and by MSHA in excess of those required by
(2) The operator has submitted to the this part shall be considered invalid
District Manager revised dust control samples.
parameters as part of the mine ventila- (f) If using a CPDM, the person cer-
tion plan applicable to the DA in the tified in sampling shall (1) validate,
citation, and the changes have been ap- certify, and transmit electronically to
proved by the District Manager. The MSHA within 24 hours after the end of
revised parameters shall reflect the each sampling shift all sample data file
control measures used by the operator information collected and stored in the
to abate the violation. CPDM, including the sampling status
460
Mine Safety and Health Admin., Labor Pt. 70, Subpt. C, Table 70
conditions encountered when sampling; 70.212 Status change reports.

and (2) not tamper with the CPDM or (a) If there is a change in operational
its components in any way before, dur- status that affects the respirable dust
ing, or after it is used to fulfill the re- sampling requirements of this part, the
quirements of this part, or alter any operator shall report the change in
sample data files. All CPDM data files operational status of the mine, mecha-
transmitted electronically to MSHA nized mining unit, or designated area
shall be maintained by the operator for to the MSHA District Office or to any
at least 12 months. other MSHA office designated by the
70.211 Respirable dust samples; re- District Manager. Status changes shall
port to operator; posting. be reported in writing or electronically
within 3 working days after the status
(a) MSHA shall provide the operator, change has occurred.
as soon as practicable, a report with (b) Each specific operational status is
the following data on respirable dust defined as follows:
samples submitted or whose results (1) Underground mine:
were transmitted electronically, if (i) Producinghas at least one MMU
using a CPDM, in accordance with this unit producing material.
part: (ii) Nonproducingno material is
(1) The mine identification number; being produced.
(2) The locations within the mine (iii) Abandonedthe work of all min-
from which the samples were taken; ers has been terminated and production
(3) The concentration of respirable activity has ceased.
dust, expressed as an equivalent con- (2) MMU:
centration for each valid sample; (i) Producingproducing material
(4) The average equivalent concentra- from a working section.
tion of respirable dust for all valid (ii) Nonproducingtemporarily
samples; ceased production of material.
(5) The occupation code, where appli- (iii) Abandonedpermanently ceased
cable; and production of material.
(6) The reason for voiding any sam- (3) DA:
ple. (i) Producingactivity is occurring.
(b) Upon receipt, the operator shall (ii) Nonproducingactivity has
post this data for at least 31 days on ceased.
the mine bulletin board. (iii) Abandonedthe dust generating
(c) If using a CPDM, the person cer- source has been withdrawn and activ-
tified in sampling shall, within 12 ity has ceased.
hours after the end of each sampling
shift, print, sign, and post on the mine TABLE 701 TO SUBPART C OF PART 70
bulletin board a paper record (Dust EXCESSIVE CONCENTRATION VALUES
Data Card) of the sample run. This (ECV) BASED ON SINGLE, FULL-
hard-copy record shall include the data SHIFT CMDPSU/CPDM CONCENTRA-
entered when the sample run was first TION MEASUREMENTS
programmed, and the following:
ECV (mg/m3)
(1) The mine identification number; Applicable standard
(mg/m3)
(2) The locations within the mine CMDPSU CPDM
from which the samples were taken; 2.0 .............................................. 2.33 2.26
(3) The concentration of respirable 1.9 .............................................. 2.22 2.15
dust, expressed as an equivalent con- 1.8 .............................................. 2.12 2.04
centration reported and stored for each 1.7 .............................................. 2.01 1.92
1.6 .............................................. 1.90 1.81
sample; 1.5 .............................................. 1.79 1.70
(4) The sampling status conditions 1.4 .............................................. 1.69 1.58
encountered for each sample; and 1.3 .............................................. 1.59 1.47
1.2 .............................................. 1.47 1.36
(5) The shift length. 1.1 .............................................. 1.37 1.25
(d) The information required by para- 1.0 .............................................. 1.26 1.13
graph (c) of this section shall remain 0.9 .............................................. 1.16 1.02
0.8 .............................................. 1.05 0.91
posted until receipt of the MSHA re- 0.7 .............................................. 0.95 0.79
port covering these respirable dust 0.6 .............................................. 0.85 0.68
samples. 0.5 .............................................. 0.74 0.57
461
Pt. 70, Subpt. C, Table 70 30 CFR Ch. I (7115 Edition)
ECV (mg/m3) ECV (mg/m3)

Applicable standard Applicable standard
(mg/m3) (mg/m3)
CMDPSU CPDM CMDPSU CPDM
0.4 .............................................. 0.65 0.46 0.2 .............................................. 0.44 0.23

0.3 .............................................. 0.54 0.34
TABLE 702 TO SUBPART C OF PART 70EXCESSIVE 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
2.0 ......................................................................................................... 2.15 2.12 2.09 2.07

1.9 ......................................................................................................... 2.05 2.01 1.99 1.97
1.8 ......................................................................................................... 1.94 1.91 1.89 1.87
1.7 ......................................................................................................... 1.84 1.80 1.78 1.76
1.6 ......................................................................................................... 1.74 1.70 1.68 1.66
1.5 ......................................................................................................... 1.63 1.59 1.58 1.56
1.4 ......................................................................................................... 1.53 1.49 1.48 1.45
1.3 ......................................................................................................... 1.43 1.38 1.38 1.35
1.2 ......................................................................................................... 1.33 1.27 1.28 1.25
1.1 ......................................................................................................... 1.22 1.17 1.17 1.14
1.0 ......................................................................................................... 1.12 1.06 1.07 1.04
0.9 ......................................................................................................... 1.02 0.96 0.97 0.94
0.8 ......................................................................................................... 0.92 0.85 0.87 0.83
0.7 ......................................................................................................... 0.81 0.75 0.77 0.73
0.6 ......................................................................................................... 0.71 0.64 0.67 0.63
0.5 ......................................................................................................... 0.61 0.53 0.57 0.52
0.4 ......................................................................................................... 0.51 0.43 0.47 0.42
0.3 ......................................................................................................... 0.41 0.32 0.37 0.32
0.2 ......................................................................................................... 0.31 0.22 0.27 0.21
Subpart D [Reserved] (3) At a point inby the last piece of

diesel equipment on the longwall or
Subpart EDust From Drilling Rock shortwall face when mining equipment
is being installed or removed; and
[Reserved] (4) In any other area designated by
the district manager as specified in the
Subparts FS [Reserved] mine operators approved ventilation
plan where diesel equipment is oper-
Subpart TDiesel Exhaust Gas ated in a manner which can result in
Monitoring significant concentrations of diesel ex-
haust.
70.1900 Exhaust Gas Monitoring. (b) Samples of CO and NO2 shall be
(a) During on-shift examinations re- (1) Collected in a manner that makes
quired by 75.362, a certified person as the results available immediately to
defined by 75.100 of this chapter and the person collecting the samples;
designated by the operator as trained (2) Collected and analyzed by appro-
or experienced in the appropriate sam- priate instrumentation which has been
pling procedures, shall determine the maintained and calibrated in accord-
concentration of carbon monoxide (CO) ance with the manufacturers rec-
and nitrogen dioxide (NO2): ommendations; and
(1) In the return of each working sec- (3) Collected during periods that are
tion where diesel equipment is used, at representative of conditions during
a location which represents the con- normal operations.
tribution of all diesel equipment on (c) Except as provided in 75.325(j) of
such section; this chapter, when sampling results in-
(2) In the area of the section loading dicate a concentration of CO and/or

point if diesel haulage equipment is op- NO2 exceeding an action level of 50 per-
erated on the working section; cent of the threshold limit values
462
(TLV ) adopted by the American Con- PART 71MANDATORY HEALTH

ference of Governmental Industrial Hy- STANDARDSSURFACE COAL
gienists, the mine operator shall imme- MINES AND SURFACE WORK
diately take appropriate corrective ac- AREAS OF UNDERGROUND COAL
tion to reduce the concentrations of CO
MINES
and/or NO2 to below the applicable ac-
tion level. The publication, Threshold Subpart AGeneral
Limit Values for Substance in Work-
room Air (1972) is incorporated by ref- Sec.
erence and may be inspected at 71.1 Scope.
71.2 Definitions.
MSHAs Office of Standards, Regula-
tions, and Variances, 1100 Wilson Blvd., Subpart BDust Standards
Room 2352, Arlington, Virginia 22209
3939; at any MSHA Coal Mine Safety 71.100 Respirable dust standard.
71.101 Respirable dust standard when quartz
and Health district office; or at the Na- is present.
tional Archives and Records Adminis-
tration (NARA). For information on Subpart CSampling Procedures
the availability of this material at
71.201 Sampling; general and technical re-
NARA, call 2027416030, or go to: http:// quirements.
www.archives.gov/federallregister/ 71.202 Certified person; sampling.
codeloflfederallregulations/ 71.203 Certified person; maintenance and
ibrllocations.html. This incorporation calibration.
by reference was approved by the Di- 71.204 Approved sampling devices; mainte-
rector of the Federal Register in ac- nance and calibration.
71.205 Approved sampling devices; oper-
cordance with 5 U.S.C. 552(a) and 1 CFR ation; air flowrate.
part 51. In addition, copies of the docu- 71.206 Quarterly sampling; designated work
ment may be purchased from American positions.
Conference of Governmental Industrial 71.207 Respirable dust samples; trans-
Hygienists, 330 Kemper Meadow Drive, mission by operator.
71.208 Respirable dust samples; report to op-
Attn: Customer Service, Cincinnati,
erator; posting.
OH 45240; http://www.acgih.org. 71.209 Status change reports.
(d) A record shall be made when sam-
pling results exceed the action level for Subpart DRespirable Dust Control Plans
the applicable TLV for CO and/or NO2.
71.300 Respirable dust control plan; filing
The record shall be made as part of and requirements.
in the same manner as the records for 71.301 Respirable dust control plan; ap-
hazards required by 75.363 of this proval by District Manager and posting.
chapter and include the following:
(1) Location where each sample was Subpart ESurface Bathing Facilities,
collected; Change Rooms, and Sanitary Flush Toi-
let Facilities at Surface Coal Mines
(2) Substance sampled and the meas-
ured concentration; and 71.400 Bathing facilities; change rooms; san-
(3) Corrective action taken to reduce itary flush toilet facilities.
the concentration of CO and/or NO2 to 71.401 Location of facilities.
71.402 Minimum requirements for bathing
or below the applicable action level. facilities, change rooms, and sanitary
(e) As of November 25, 1997 exhaust flush toilet facilities.
gas monitoring shall be conducted in 71.403 Waiver of surface facilities require-
accordance with the requirements of ments; posting of waiver.
this section. 71.404 Application for waiver of surface fa-
cilities requirements.
[61 FR 55526, Oct. 25, 1996, as amended at 67
FR 38385, June 4, 2002; 71 FR 16667, Apr. 3, Subpart FSanitary Toilet Facilities at
2006] Surface Worksites of Surface Coal Mines
71.500 Sanitary toilet facilities at surface
work sites; installation requirements.

71.501 Sanitary toilet facilities; mainte-
nance.
463
Subpart GDrinking Water Concentration. A measure of the

amount of a substance contained per
71.600 Drinking water; general.
71.601 Drinking water; quality.
unit volume of air.
71.602 Drinking water; distribution. Continuous personal dust monitor
71.603 Drinking water; dispensing require- (CPDM). A personal sampling device
ments. approved under part 74, subpart C, of
this title.
Subpart HAirborne Contaminants Designated work position (DWP). A
71.700 Inhalation hazards; threshold limit work position in a surface coal mine
values for gases, dust, fumes, mists, and and surface work area of an under-
vapors. ground coal mine designated for sam-
71.701 Sampling; general requirements. pling to measure respirable dust gen-
71.702 Asbestos standard. eration sources in the active workings.
AUTHORITY: 30 U.S.C. 811, 813(h), 957. Each DWP will be assigned a four-digit
number assigned by MSHA identifying
the specific physical portion of the
otherwise noted.
mine that is affected, followed by a
three-digit MSHA coal mining occupa-
Subpart AGeneral tion code describing the location to
which a miner is assigned in the per-
SOURCE: 79 FR 24980, May 1, 2014, unless formance of his or her regular duties.
otherwise noted. District Manager. The manager of the
Coal Mine Safety and Health District
71.1 Scope. in which the mine is located.
This part 71 sets forth mandatory Equivalent concentration. The con-
health standards for each surface coal centration of respirable coal mine dust,
mine and for the surface work areas of including quartz, expressed in milli-
each underground coal mine subject to grams per cubic meter of air (mg/m3) as
the Federal Mine Safety and Health measured with an approved sampling
Act of 1977, as amended. device, determined by dividing the
weight of dust in milligrams collected
71.2 Definitions. on the filter of an approved sampling
The following definitions apply in device by the volume of air in cubic
this part. meters passing through the filter (sam-
Act. The Federal Mine Safety and pling time in minutes (t) times the
Health Act of 1977, Public Law 91173, sampling airflow rate in cubic meters
as amended by Public Law 95164 and per minute), and then converting that
Public Law 109236. concentration to an equivalent con-
Active workings. Any place in a sur- centration as measured by the Mining
face coal mine or the surface work area Research Establishment (MRE) instru-
of an underground coal mine where ment. When the approved sampling de-
miners are normally required to work vice is:
or travel. (1) The CMDPSU, the equivalent con-
Approved sampling device. A sampling centration is determined by multi-
device approved by the Secretary and plying the concentration of respirable
Secretary of Health and Human Serv- coal mine dust by the constant factor
ices (HHS) under part 74 of this title. prescribed by the Secretary.
Certified person. An individual cer- (2) The CPDM, the device shall be
tified by the Secretary in accordance programmed to automatically report
with 71.202 to take respirable dust end-of-shift concentration measure-
samples required by this part or cer- ments as equivalent concentrations.
tified in accordance with 71.203 to per- MRE instrument. The gravimetric
form maintenance and calibration of dust sampler with a four channel hori-
respirable dust sampling equipment as zontal elutriator developed by the Min-
required by this part. ing Research Establishment of the Na-
Coal mine dust personal sampler unit tional Coal Board, London, England.
(CMDPSU). A personal sampling device MSHA. The Mine Safety and Health
approved under part 74, subpart B, of Administration of the U.S. Department
this title. of Labor.
464
Normal work shift. (1) A shift during of extracting bituminous coal, lignite,
which the regular duties of the DWP or anthracite from its natural deposits
are performed while routine day-to-day underground by any means or method,
mining activities are occurring in the and the work of preparing the coal so
rest of the mine and extracted, including custom coal prep-
(2) A shift during which there is no aration facilities.
rain, or, if rain occurs, the rain does Surface worksite. Any area in which
not suppress the respirable dust to the miners work at a surface coal mine or
extent that sampling results will be surface work area of an underground
measurably lower, in the judgment of coal mine.
the person certified under this part to Valid respirable dust sample. A res-
conduct sampling. pirable dust sample collected and sub-
Quartz. Crystalline silicon dioxide mitted as required by this part, includ-
(SiO2) not chemically combined with ing any sample for which the data were
other substances and having a distinc- electronically transmitted to MSHA,
tive physical structure. and not voided by MSHA.
Representative sample. A respirable Work position. An occupation identi-
dust sample, expressed as an equivalent fied by an MSHA three-digit code num-
concentration, that reflects typical ber describing a location to which a
dust concentration levels in the work- miner is assigned in the performance of
ing environment of the DWP when per- his or her normal duties.
forming normal duties.
Respirable dust. Dust collected with a Subpart BDust Standards
sampling device approved by the Sec-
retary and the Secretary of HHS in ac- SOURCE: 79 FR 24981, May 1, 2014, unless
cordance with part 74 (Coal Mine Dust otherwise noted.
Sampling Devices) of this title.
Secretary. The Secretary of Labor or 71.100 Respirable dust standard.
a delegate. Each operator shall continuously
Surface area. A specific physical por- maintain the average concentration of
tion of a surface coal mine or surface respirable dust in the mine atmosphere
area of an underground coal mine. during each shift to which each miner
These areas are assigned a four-digit in the active workings of each mine is
identification number by MSHA. exposed, as measured with an approved
Surface coal mine. A surface area of sampling device and expressed in terms
land and all structures, facilities, ma- of an equivalent concentration, at or
chinery, tools, equipment, excavations, below:
and other property, real or personal, (a) 2.0 milligrams of respirable dust
placed upon or above the surface of per cubic meter of air (mg/m3).
such land by any person, used in, or to (b) 1.5 mg/m3 as of August 1, 2016.
be used in, or resulting from, the work
of extracting in such area bituminous 71.101 Respirable dust standard
coal, lignite, or anthracite from its when quartz is present.
natural deposits in the earth by any (a) Each operator shall continuously
means or method, and the work of pre- maintain the average concentration of
paring the coal so extracted, including respirable quartz dust in the mine at-
custom coal preparation facilities. mosphere during each shift to which
Surface installation. Any structure in each miner in the active workings of
which miners work at a surface coal each mine is exposed at or below 0.1
mine or surface work area of an under- mg/m3 (100 micrograms per cubic meter
ground coal mine. or g/m3) as measured with an approved
Surface work area of an underground sampling device and expressed in terms
mine. The surface areas of land and all of an equivalent concentration.
structures, facilities, machinery, tools, (b) When the equivalent concentra-
equipment, shafts, slopes, excavations, tion of respirable quartz dust exceeds
and other property, real or personal, 100 g/m3, the operator shall continu-
placed in, upon or above the surface of ously maintain the average concentra-
such land by any person, used in, or to tion of respirable dust in the mine at-
be used in, or resulting from, the work mosphere during each shift to which
465
71.201 30 CFR Ch. I (7115 Edition)
each miner in the active workings is (2) A CPDM, the operator shall
exposed as measured with an approved switch-out the CPDM with a fully
sampling device and expressed in terms charged device prior to the 13th-hour of
of an equivalent concentration at or operation.
below the applicable standard. The ap- (c) If using a CMDPSU, one control
plicable standard is computed by divid- filter shall be used for each shift of
ing the percent of quartz into the num- sampling. Each control filter shall:
ber 10. The application of this formula (1) Have the same pre-weight data
shall not result in the applicable stand- (noted on the dust data card) as the fil-
ard that exceeds the standard estab- ters used for sampling;
lished by 71.100(a) of this section. (2) Remain plugged at all times;
Example: Assume the sampled DWP
(3) Be used for the same amount of
is on a 1.5-mg/m3 dust standard. Sup-
time, and exposed to the same tem-
pose a valid representative dust sample
perature and handling conditions as
with an equivalent concentration of
the filters used for sampling; and
1.09 mg/m3 contains 16.7% of quartz
dust, which corresponds to a quartz (4) Be kept with the exposed samples
concentration of 182 g/m3. Therefore, after sampling and in the same mailing
the average concentration of respirable container when transmitted to MSHA.
dust in the mine atmosphere associated (d) Records showing the length of
with that DWP shall be maintained on each normal work shift for each DWP
each shift at or below 0.6 mg/m3 (10/ shall be made and retained for at least
16.7% = 0.6 mg/m3). six months and shall be made available
for inspection by authorized represent-
atives of the Secretary and the rep-
Subpart CSampling Procedures resentative of miners, and submitted to
the District Manager when requested
SOURCE: 79 FR 24982, May 1, 2014, unless in writing.
otherwise noted.
(e) Upon request from the District
71.201 Sampling; general and tech- Manager, the operator shall submit the
nical requirements. date and time any respirable dust sam-
(a) Each operator shall take rep- pling required by this part will begin.
resentative samples of the concentra- This information shall be submitted at
tion of respirable dust in the active least 48 hours prior to scheduled sam-
workings of the mine as required by pling.
this part only with an approved (f) Upon written request by the oper-
CMDPSU. On February 1, 2016, the op- ator, the District Manager may waive
erator may use an approved CPDM if the rain restriction for a normal work
the operator notifies the District Man- shift as defined in 71.2 for a period not
ager in writing that only an approved to exceed two months, if the District
CPDM will be used for all DWP sam- Manager determines that:
pling at the mine. The notification (1) The operator will not have reason-
must be received at least 90 days before able opportunity to complete the res-
the beginning of the quarter in which pirable dust sampling required by this
CPDMs will be used to collect the DWP part without the waiver because of the
samples. frequency of rain; and
(b) Sampling devices shall be worn or (2) The operator did not have reason-
carried directly to and from the DWP able opportunity to complete the res-
to be sampled. Sampling devices shall pirable dust sampling required by this
remain with the DWP and shall be part prior to requesting the waiver.
operational during the entire shift, (g) Operators using CPDMs shall pro-
which includes the total time spent in vide training to all miners expected to
the DWP and while traveling to and wear the CPDM. The training shall be
from the DWP being sampled. If the completed prior to a miner wearing the
work shift to be sampled is longer than CPDM and then every 12 months there-
12 hours and the sampling device is: after. The training shall include:
(1) A CMDPSU, the operator shall (1) The importance of monitoring

switch-out the units sampling pump dust concentrations and properly wear-
prior to the 13th-hour of operation. ing the CPDM;
466
(2) Explaining the basic features and in maintenance and calibration proce-
capabilities of the CPDM; dures for approved sampling devices.
(3) Discussing the various types of in- Necessary maintenance of the sampling
formation displayed by the CPDM and head assembly of a CMDPSU, or the cy-
how to access that information; and clone assembly of a CPDM, can be per-
(4) How to start and stop a short- formed by persons certified in sampling
term sample run during compliance or maintenance and calibration.
sampling. (c) To maintain certification, a per-
(h) An operator shall keep a record of son must pass the MSHA examination
the CPDM training at the mine site for demonstrating competency in mainte-
24 months after completion of the nance and calibration procedures every
training. An operator may keep the three years.
record elsewhere if the record is imme- (d) MSHA may revoke a persons cer-
diately accessible from the mine site tification for failing to properly carry
by electronic transmission. Upon re- out the required maintenance and cali-
quest from an authorized representa- bration procedures.
tive of the Secretary, Secretary of
HHS, or representative of miners, the 71.204 Approved sampling devices;
operator shall promptly provide access maintenance and calibration.
to any such training records. The (a) Approved sampling devices shall
record shall include: be maintained as approved under part
(1) The date of training; 74 of this chapter and calibrated in ac-
(2) The names of miners trained; and cordance with MSHA Informational
(3) The subjects included in the train- Report IR 1240 (1996) Calibration and
ing. Maintenance Procedures for Coal Mine
Respirable Dust Samplers or in ac-
71.202 Certified person; sampling. cordance with the manufacturers rec-
(a) The respirable dust sampling re- ommendations if using a CPDM. Only
quired by this part shall be performed persons certified in maintenance and
by a certified person. calibration can perform maintenance
(b) To be certified, a person shall work on the CPDM or on the pump unit
complete the applicable MSHA course of the CMDPSU.
of instruction and pass the MSHA ex- (b) Sampling devices shall be cali-
amination demonstrating competency brated at the flowrate of 2.0 liters of
in sampling procedures. Persons not air per minute (L/min) if using a
certified in sampling, and those cer- CMDPSU, or at 2.2 L/min if using a
tified only in maintenance and calibra- CPDM, or at a different flowrate rec-
tion procedures in accordance with ommended by the manufacturer, before
71.203(b), are not permitted to collect they are put into service and, there-
respirable dust samples required by after, at time intervals recommended
this part or handle approved sampling by the manufacturer or prescribed by
devices when being used in sampling. the Secretary or Secretary of HHS.
(c) To maintain certification, a per- (c) If using a CMDPSU, sampling de-
son must pass the MSHA examination vices shall be examined and tested by a
demonstrating competency in sampling person certified in sampling or in
procedures every three years. maintenance and calibration within 3
(d) MSHA may revoke a persons cer- hours before the start of the shift on
tification for failing to properly carry which the approved sampling devices
out the required sampling procedures. will be used to collect respirable dust
samples. This is to assure that the
71.203 Certified person; maintenance sampling devices are clean and in prop-
and calibration. er working condition. This examina-
(a) Approved sampling devices shall tion and testing shall include the fol-
be maintained and calibrated by a cer- lowing:
tified person. (1) Examination of all components of
(b) To be certified, a person shall the cyclone assembly to assure that
complete the applicable MSHA course they are clean and free of dust and dirt.
of instruction and pass the MSHA ex- This includes examining the interior of
amination demonstrating competency the connector barrel (located between
467
71.205 30 CFR Ch. I (7115 Edition)
the cassette assembly and vortex find- obtain a copy at MSHA, Coal Mine
er), vortex finder, cyclone body, and Safety and Health, 1100 Wilson Blvd.,
grit pot; Room 2424, Arlington, Virginia 22209
(2) Examination of the inner surface 3939 and at each MSHA Coal Mine Safe-
of the cyclone body to assure that it is ty and Health District Office, or at the
free of scoring or scratch marks on the National Archives and Records Admin-
inner surface of the cyclone where the istration (NARA). For information on
air flow is directed by the vortex finder the availability of this material at
into the cyclone body; NARA, call 2027416030, or go to: http://
(3) Examination of the external hose www.archives.gov/federallregister/
connecting the pump unit to the sam- codeloflfederallregulations/
pling head assembly to assure that it is ibrllocations.html.
clean and free of leaks; and
(4) Examination of the clamping and 71.205 Approved sampling devices;
positioning of the cyclone body, vortex operation; air flowrate.
finder, and cassette to assure that they (a) Approved sampling devices shall
are rigid, in alignment, firmly in con- be operated at the flowrate of 2.0 L/
tact, and airtight. min, if using a CMDPSU; at 2.2 L/min,
(5) Testing the voltage of each bat- if using a CPDM; or at a different
tery while under actual load to assure flowrate recommended by the manufac-
the battery is fully charged. This re- turer.
quires that a fully assembled and ex-
(b) If using a CMDPSU, each sam-
amined sampling head assembly be at-
pling device shall be examined each
tached to the pump inlet with the
shift by a person certified in sampling
pump unit running when the voltage
during:
check is made. The voltage for the bat-
teries used in the CMDPSU shall not be (1) The second hour after being put
lower than the product of the number into operation to assure it is in the
of cells in the battery multiplied by proper location, operating properly,
the manufacturers nominal voltage and at the proper flowrate. If the prop-
per cell value. er flowrate is not maintained, nec-
(d) If using a CPDM, the certified per- essary adjustments shall be made by
son in sampling or in maintenance and the certified person.
calibration shall: (2) The last hour of operation to as-
(1) Follow the pre-operational exami- sure that it is operating properly and
nations, testing, and set-up procedures, at the proper flowrate. If the proper
and perform necessary external main- flowrate is not maintained, the res-
tenance recommended by the manufac- pirable dust sample shall be trans-
turer to assure the operational readi- mitted to MSHA with a notation by
ness of the CPDM within 3 hours before the certified person on the back of the
the start of the shift on which the sam- dust data card stating that the proper
pling devices will be used to collect flowrate was not maintained. Other
respirable dust samples; and events occurring during the collection
(2) Perform other required scheduled of respirable dust samples that may af-
examinations and maintenance proce- fect the validity of the sample, such as
dures recommended by the manufac- dropping of the sampling head assem-
turer. bly onto the mine floor, shall be noted
(e) You must proceed in accordance on the back of the dust data card.
with Calibration and Maintenance (c) If using a CPDM, the person cer-
Procedures for Coal Mine Respirable tified in sampling shall monitor the
Dust Samplers, MSHA Informational dust concentrations and the sampling
Report IR 1240 (1996) referenced in para- status conditions being reported by the
graph (a) of this section. The Director sampling device at mid-shift or more
of the Federal Register approves this frequently as specified in the approved
incorporation by reference in accord- respirable dust control plan, if applica-
ance with 5 U.S.C. 552(a) and 1 CFR ble, to assure: The sampling device is
part 51. You may obtain a copy from in the proper location and operating
the MSHA Web site at http:// properly; and the work environment of
www.msha.gov and you may inspect or the occupation being sampled remains
468
in compliance with the applicable the sample was not taken on a normal
standard at the end of the shift. work shift. When a normal work shift
is not achieved, the sample for that
71.206 Quarterly sampling; des- shift may be voided by MSHA. How-
ignated work positions. ever, any sample, regardless of whether
(a) Each operator shall take one valid a normal work shift was achieved, that
representative sample from the DWP exceeds the applicable standard by at
during each quarterly period. The quar- least 0.1 mg/m3 shall be used in the de-
terly periods are: termination of the equivalent con-
January 1March 31 centration for that occupation.
April 1June 30 (f) Unless otherwise directed by the
July 1September 30 District Manager, DWP samples shall
October 1December 31.
be taken by placing the sampling de-
(b) When the respirable dust standard
vice as follows:
is changed in accordance with 71.101,
the new applicable standard shall be- (1) Equipment operator: On the equip-
come effective 7 calendar days after ment operator or on the equipment
the date of the notification of the within 36 inches of the operators nor-
change by MSHA. mal working position.
(c) Designated work position samples (2) Non-equipment operators: On the
shall be collected at locations to meas- miner assigned to the DWP or at a lo-
ure respirable dust generation sources cation that represents the maximum
in the active workings. The specific concentration of dust to which the
work positions at each mine where miner is exposed.
DWP samples shall be collected in- (g) Upon notification from MSHA
clude: that any valid representative sample
(1) Each highwall drill operator taken from a DWP to meet the require-
(MSHA occupation code 384); ments of paragraph (a) of this section
(2) Bulldozer operators (MSHA occu- exceeds the applicable standard, the
pation code 368); and operator shall, within 15 calendar days
(3) Other work positions designated of notification, sample that DWP each
by the District Manager for sampling normal work shift until five valid rep-
in accordance with 71.206(m). resentative samples are taken. The op-
(d) Operators with multiple work po- erator shall begin sampling on the first
sitions specified in paragraph (c)(2) and normal work shift following receipt of
(c)(3) of this section shall sample the notification.
DWP exposed to the greatest respirable (h) When a valid representative sam-
dust concentration in each work posi- ple taken in accordance with this sec-
tion performing the same activity or tion meets or exceeds the excessive
task at the same location at the mine concentration value (ECV) in Table 71
and exposed to the same dust genera- 1 that corresponds to the applicable
tion source. Each operator shall pro- standard and particular sampling de-
vide the District Manager with a list vice used, the operator shall:
identifying the specific work positions (1) Make approved respiratory equip-
where DWP samples will be collected ment available to affected miners in
for: accordance with 72.700 of this chapter;
(1) Active minesby October 1, 2014. (2) Immediately take corrective ac-
(2) New minesWithin 30 calendar tion to lower the concentration of res-
days of mine opening. pirable coal mine dust to at or below
(3) DWPs with a change in oper- the applicable standard; and
ational status that increases or reduces (3) Make a record of the corrective
the number of active DWPswithin 7 actions taken. The record shall be cer-
calendar days of the change in status. tified by the mine foreman or equiva-
(e) Each DWP sample shall be taken lent mine official, no later than the
on a normal work shift. If a normal end of the mine foremans or equiva-
work shift is not achieved, the res- lent officials next regularly scheduled
pirable dust sample shall be trans- working shift. The record shall be
mitted to MSHA with a notation by made in a secure book that is not sus-
the person certified in sampling on the ceptible to alteration or electronically
back of the dust data card stating that in a computer system so as to be secure
469
71.206 30 CFR Ch. I (7115 Edition)
and not susceptible to alteration. Such DWP on consecutive normal work

records shall be retained at a surface shifts until five valid representative
location at the mine for at least 1 year samples are taken.
and shall be made available for inspec- (l) A citation for violation of the ap-
tion by authorized representatives of plicable standard shall be terminated
the Secretary and the representative of by MSHA when the equivalent con-
miners. centration of each of the five valid rep-
(i) Noncompliance with the applica- resentative samples is at or below the
ble standard is demonstrated during applicable standard.
the sampling period when:
(1) Two or more valid representative TABLE 711EXCESSIVE CONCENTRATION VAL-
samples meet or exceed the ECV in UES (ECV) BASED ON SINGLE, FULL-SHIFT
Table 711 that corresponds to the ap- CMDPSU/CPDM CONCENTRATION MEASURE-
plicable standard and the particular MENTS
sampling device used; or ECV
(2) The average for all valid rep- Applicable standard (mg/m3)
resentative samples meets or exceeds (mg/m3)
CMDPSU CPDM
the ECV in Table 712 that corresponds
to the applicable standard and the par- 2.0 ...................................... 2.33 2.26
ticular sampling device used. 1.9 ...................................... 2.22 2.15
1.8 ...................................... 2.12 2.04
(j) Unless otherwise directed by the 1.7 ...................................... 2.01 1.92
District Manager, upon issuance of a 1.6 ...................................... 1.90 1.81
citation for a violation of the applica- 1.5 ...................................... 1.79 1.70
ble standard, paragraph (a) of this sec- 1.4 ...................................... 1.69 1.58
1.3 ...................................... 1.59 1.47
tion shall not apply to that DWP until 1.2 ...................................... 1.47 1.36
the violation is abated and the citation 1.1 ...................................... 1.37 1.25
is terminated in accordance with para- 1.0 ...................................... 1.26 1.13
graphs (k) and (l) of this section. 0.9 ...................................... 1.16 1.02
(k) Upon issuance of a citation for 0.8 ...................................... 1.05 0.91
0.7 ...................................... 0.95 0.79
violation of the applicable standard, 0.6 ...................................... 0.85 0.68
the operator shall take the following 0.5 ...................................... 0.74 0.57
actions sequentially: 0.4 ...................................... 0.65 0.46
(1) Make approved respiratory equip- 0.3 ...................................... 0.54 0.34
0.2 ...................................... 0.44 0.23
ment available to affected miners in
accordance with 72.700 of this chapter;
(2) Immediately take corrective ac- TABLE 712EXCESSIVE CONCENTRATION VAL-
tion to lower the concentration of res- UES (ECV) BASED ON THE AVERAGE OF 5
pirable coal mine dust to at or below FULL-SHIFT CMDPSU/CPDM CONCENTRA-
the applicable standard; and TION MEASUREMENTS
(3) Make a record of the corrective ECV
actions taken. The record shall be cer- Applicable standard (mg/m3)
tified by the mine foreman or equiva- (mg/m3)
CMDPSU CPDM
lent mine official, no later than the
end of the mine foremans or equiva- 2.0 ...................................... 2.15 2.12
lent officials next regularly scheduled 1.9 ...................................... 2.05 2.01
1.8 ...................................... 1.94 1.91
working shift. The record shall be 1.7 ...................................... 1.84 1.80
made in a secure book that is not sus- 1.6 ...................................... 1.74 1.70
ceptible to alteration or electronically 1.5 ...................................... 1.63 1.59
in a computer system so as to be secure 1.4 ...................................... 1.53 1.49
1.3 ...................................... 1.43 1.38
and not susceptible to alteration. Such 1.2 ...................................... 1.33 1.27
records shall be retained at a surface 1.1 ...................................... 1.22 1.17
location at the mine for at least 1 year 1.0 ...................................... 1.12 1.06
and shall be made available for inspec- 0.9 ...................................... 1.02 0.96
0.8 ...................................... 0.92 0.85
tion by authorized representatives of
0.7 ...................................... 0.81 0.75
the Secretary and the representative of 0.6 ...................................... 0.71 0.64
miners. 0.5 ...................................... 0.61 0.53
(4) Begin sampling, within 8 calendar 0.4 ...................................... 0.51 0.43

0.3 ...................................... 0.41 0.32
days after the date the citation is
0.2 ...................................... 0.31 0.22
issued, the environment of the affected
470
(m) The District Manager may des- Respirable dust samples with data
ignate for sampling under this section cards not properly completed may be
additional work positions at a surface voided by MSHA.
coal mine and at a surface work area of (d) All respirable dust samples col-
an underground coal mine where a con- lected by the operator shall be consid-
centration of respirable dust exceeding ered taken to fulfill the sampling re-
50 percent of the standard in effect at quirements of part 70, 71, or 90 of this
the time the sample is taken, or a con- title, unless the sample has been iden-
centration of respirable dust exceeding tified in writing by the operator to the
50 percent of the standard established District Manager, prior to the intended
in accordance with 71.101, has been sampling shift, as a sample to be used
measured by one or more MSHA valid for purposes other than required by
representative samples. part 70, 71, or 90 of this title.
(n) The District Manager may with- (e) Respirable dust samples received
draw from sampling any DWP des- by MSHA in excess of those required by
ignated for sampling under paragraph this part shall be considered invalid
(m) of this section upon finding that samples.
the operator is able to maintain con- (f) If using a CPDM, the person cer-
tinuing compliance with the applicable tified in sampling shall (1) validate,
standard. This finding shall be based on certify, and transmit electronically to
the results of MSHA and operator valid MSHA within 24 hours after the end of
representative samples taken during at each sampling shift all sample data file
least a 12-month period. information collected and stored in the
CPDM, including the sampling status
71.207 Respirable dust samples;
transmission by operator. conditions encountered when sampling
each DWP; and (2) not tamper with the
(a) If using a CMDPSU, the operator CPDM or its components in any way
shall transmit within 24 hours after the before, during, or after it is used to ful-
end of the sampling shift all samples fill the requirements of this part, or
collected to fulfill the requirements of alter any sample data files. All CPDM
this part, including control filters, in data files transmitted electronically to
containers provided by the manufac- MSHA shall be maintained by the oper-
turer of the filter cassette to: Res- ator for at least 12 months.
pirable Dust Processing Laboratory,
Pittsburgh Safety and Health Tech- 71.208 Respirable dust samples; re-
nology Center, Cochrans Mill Road, port to operator; posting.
Building 38, P.O. Box 18179, Pittsburgh, (a) MSHA shall provide the operator,
Pennsylvania 152360179, or to any as soon as practicable, a report with
other address designated by the Dis- the following data on respirable dust
trict Manager. samples submitted or whose results
(b) The operator shall not open or were transmitted electronically, if
tamper with the seal of any filter cas- using a CPDM, in accordance with this
sette or alter the weight of any filter part:
cassette before or after it is used to ful-
(1) The mine identification number;
fill the requirements of this part.
(c) A person certified in sampling (2) The DWP at the mine from which
shall properly complete the dust data the samples were taken;
card that is provided by the manufac- (3) The concentration of respirable
turer for each filter cassette. The card dust, expressed as an equivalent con-
shall have an identification number centration for each valid sample;
identical to that on the cassette used (4) The average equivalent concentra-
to take the sample and be submitted to tion of respirable dust for all valid
MSHA with the sample. Each card samples;
shall be signed by the certified person (5) The occupation code; and
who actually performed the required (6) The reason for voiding any sam-
examinations under 71.205(b) of this ple.
part during the sampling shift and (b) Upon receipt, the operator shall
shall include that persons MSHA Indi- post this data for at least 31 days on
vidual Identification Number (MIIN). the mine bulletin board.
471
71.209 30 CFR Ch. I (7115 Edition)
(c) If using a CPDM, the person cer- (iii) Abandonedthe work of all min-
tified in sampling shall, within 12 ers has been terminated and all activ-
hours after the end of each sampling ity has ceased.
shift, print, sign, and post on the mine (3) DWP:
bulletin board a paper record (Dust (i) Producingnormal activity is oc-
Data Card) of each sample run. This curring.
hard-copy record shall include the data (ii) Nonproducingnormal activity is
entered when the sample run was first not occurring.
programmed, and the following: (iii) Abandonedthe dust generating
(1) The mine identification number; source has been withdrawn and activ-
(2) The DWP at the mine from which ity has ceased.
the samples were taken;
(3) The concentration of respirable Subpart DRespirable Dust
dust, expressed as an equivalent con- Control Plans
centration reported and stored for each
sample; SOURCE: 79 FR 24985, May 1, 2014, unless
(4) The sampling status conditions otherwise noted.
encountered for each sample; and
(5) The shift length. 71.300 Respirable dust control plan;
filing requirements.
(d) The information required by para-
graph (c) of this section shall remain (a) Within 15 calendar days after the
posted until receipt of the MSHA retermination date of a citation for vio-
port covering these respirable dust lation of the applicable standard, the
samples. operator shall submit to the District
Manager for approval a written res-
71.209 Status change reports. pirable dust control plan applicable to
the DWP identified in the citation. The
(a) If there is a change in operational
respirable dust control plan and revi-
status that affects the respirable dust
sions thereof shall be suitable to the
sampling requirements of this part, the
conditions and the mining system of
operator shall report the change in
the coal mine and shall be adequate to
operational status of the mine or DWP
continuously maintain respirable dust
to the MSHA District Office or to any
to at or below the applicable standard
other MSHA office designated by the
at the DWP identified in the citation.
District Manager. Status changes shall
(1) The mine operator shall notify the
be reported in writing or electronically
representative of miners at least 5 days
within 3 working days after the status
prior to submission of a respirable dust
change has occurred.
control plan and any revision to a dust
(b) Each specific operational status is
control plan. If requested, the mine op-
defined as follows:
erator shall provide a copy to the rep-
(1) Underground mine: resentative of miners at the time of no-
(i) Producinghas at least one tification;
mechanized mining unit producing ma- (2) A copy of the proposed respirable
terial. dust control plan, and a copy of any
(ii) Nonproducingno material is proposed revision, submitted for ap-
being produced. proval shall be made available for in-
(iii) Abandonedthe work of all min- spection by the representative of min-
ers has been terminated and production ers; and
activity has ceased. (3) A copy of the proposed respirable
(2) Surface mine: dust control plan, and a copy of any
(i) Producingnormal activity is oc- proposed revision, submitted for ap-
curring and coal is being produced or proval shall be posted on the mine bul-
processed or other material or equip- letin board at the time of submittal.
ment is being handled or moved. The proposed plan or proposed revision
(ii) Nonproducingnormal activity is shall remain posted until it is ap-
not occurring and coal is not being pro- proved, withdrawn, or denied.
duced or processed, and other material (4) Following receipt of the proposed
or equipment is not being handled or plan or proposed revision, the rep-
moved. resentative of miners may submit
472
timely comments to the District Man- (d) The approved respirable dust con-
ager, in writing, for consideration dur- trol plan and any revisions shall be:
ing the review process. Upon request, a (1) Provided upon request to the rep-
copy of these comments shall be pro- resentative of miners by the operator
vided to the operator by the District following notification of approval;
Manager. (2) Made available for inspection by
(b) Each respirable dust control plan the representative of miners; and
shall include at least the following: (3) Posted on the mine bulletin board
(1) The mine identification number within 1 working day following notifi-
and DWP number assigned by MSHA, cation of approval, and shall remain
the operators name, mine name, mine posted for the period that the plan is in
address, and mine telephone number effect.
and the name, address, and telephone (e) The operator may review res-
number of the principal officer in pirable dust control plans and submit
charge of health and safety at the proposed revisions to such plans to the
mine; District Manager for approval.
(2) The specific DWP at the mine to
which the plan applies; Subpart ESurface Bathing Facili-
(3) A detailed description of the spe- ties, Change Rooms, and San-
cific respirable dust control measures itary Flush Toilet Facilities at
used to abate the violation of the res- Surface Coal Mines
pirable dust standard; and
(4) A detailed description of how each 71.400 Bathing facilities; change
of the respirable dust control measures rooms; sanitary flush toilet facili-
described in response to paragraph ties.
(b)(3) of this section will continue to be Each operator of a surface coal mine
used by the operator, including at least shall provide bathing facilities, cloth-
the specific time, place and manner the ing change rooms, and sanitary flush
control measures will be used. toilet facilities, as hereinafter pre-
scribed, for the use of miners employed
71.301 Respirable dust control plan; in the surface installations and at the
approval by District Manager and surface worksites of such mine. (NOTE:
posting.
Sanitary facilities at surface work
(a) The District Manager will approve areas of underground mines are subject
respirable dust control plans on a to the provisions of 75.1712 of this
mine-by-mine basis. When approving chapter et seq.)
respirable dust control plans, the Dis-
trict Manager shall consider whether: 71.401 Location of facilities.
(1) The respirable dust control meas- Bathhouses, change rooms, and sani-
ures would be likely to maintain con- tary flush toilet facilities shall be in a
centrations of respirable coal mine location convenient for the use of the
dust at or below the applicable stand- miners. Where these facilities are de-
ard; and signed to serve more than one mine,
(2) The operators compliance with they shall be centrally located so as to
all provisions of the respirable dust be convenient for the use of all miners
control plan could be objectively served by the facilities.
ascertained by MSHA.
(b) MSHA may take respirable dust 71.402 Minimum requirements for
samples to determine whether the res- bathing facilities, change rooms,
pirable dust control measures in the and sanitary flush toilet facilities.
operators plan effectively maintain (a) All bathing facilities, change
concentrations of respirable coal mine rooms, and sanitary flush toilet facili-
dust at or below the applicable stand- ties shall be provided with adequate
ard. light, heat, and ventilation so as to
(c) The operator shall comply with maintain a comfortable air tempera-
all provisions of each respirable dust ture and to minimize the accumulation
control plan upon notice from MSHA of moisture and odors, and the facili-
that the respirable dust control plan is ties shall be maintained in a clean and
approved. sanitary condition.
473
71.403 30 CFR Ch. I (7115 Edition)
(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 mately one sanitary flush toilet for
Code (1967 edition) and the plumbing each 10 miners.
requirements in the National Plumbing (iii) Where 30 or more miners use toi-
Code (ASA A40.81955) which docu- let facilities, one urinal may be sub-
ments are hereby incorporated by ref- stituted for one flush toilet, however,
erence and made a part hereof. These where such substitutions are made
documents are available for examina- they shall not reduce the number of
tion at the Mine Safety and Health Ad- toilets below a ratio of two flush toi-
ministration, Department of Labor, lets to one urinal.
1100 Wilson Blvd., Room 2424, Arling- (iv) An adequate supply of toilet
ton, Virginia 222093939; at every MSHA paper shall be provided with each toi-
Coal Mine Safety and Health district let.
office; at the National Institute for Oc- (v) Adequate handwashing facilities
cupational Safety and Health, 5600 or hand lavatories shall be provided in
Fishers Lane, Rockville, Md.; and at or adjacent to each toilet facility.
(3) Change rooms. (i) Individual
the Public Health Service Information
clothes storage containers or lockers
Centers as listed in 45 CFR 5.31. Copies
shall be provided for storage of miners
of the National Building Code (1967 edi-
clothing and other incidental personal
tion) may be purchased from the Amer-
belongings during and between shifts.
ican Insurance Association, 85 John
(ii) Change rooms shall be provided
Street, New York, NY 10038, and copies
with sample space to permit the use of
of the National Plumbing Code (ASA
such facilities by all miners changing
A40.81955) may be purchased from the clothes prior to and after each shift.
American National Standards Insti-
tute, Inc., 25 W. 43rd Street, 4th Floor, [37 FR 6368, Mar. 28, 1972, as amended at 43
New York, NY 10036; http:// FR 12319, Mar. 24, 1978; 67 FR 38385, June 4,
2002; 71 FR 16668, Apr. 3, 2006]
www.ansi.org. An official historic file of
the National Building Code (1967 edi- 71.403 Waiver of surface facilities re-
tion) and of the National Plumbing quirements; posting of waiver.
Code (ASA A40.81955) will be main-
(a) The Coal Mine Health and Safety
tained at the National Institute for Oc-
District Manager for the district in
cupational Safety and Health, 5600
which the mine is located, after con-
Fishers Lane, Rockville, Md.
sultation with the appropriate Re-
(c) In addition to the minimum regional Program Director, National In-
quirements specified in paragraphs (a) stitute for Occupational Safety and
and (b) of this section, facilities main- Health, may, upon written application
tained in accordance with 71.400 shall by the operator, and after consider-
include the following: ation of any comments filed within 30
(1) Bathing facilities. (i) Showers shall days after receipt of the application,
be provided with both hot and cold waive any or all of the requirements
water. for 71.400 through 71.402 for a period
(ii) At least one shower head shall be not to exceed 1 year if he determines
provided where five or less miners use that
such showers. (1) The operator is providing or mak-
(iii) Where five or more miners use ing available, under arrangements with
such showers, sufficient showers shall one or more third parties, facilities
be furnished to provide approximately which are at least equivalent to those
one shower head for each five miners. required by the standards, or
474
(2) It is impractical for the operator Subpart FSanitary Toilet Facilities

to meet the requirement(s) or provide at Surface Worksites of Sur-
the facility (facilities) for which the face Coal Mines
waiver is sought.
(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- (a) Each operator of a surface coal
erator will not be required to provide mine shall provide and install at least
and the specific reason or reasons for one sanitary toilet in a location con-
such waiver. venient to each surface work site. A
(c) Upon receipt of any waiver, the single sanitary toilet may serve two or
operator shall post a copy of the waiver more surface work sites in the same
for at least 30 days on the mine bul- surface mine where the sanitary toilet
letin board required by section 107(a) of is convenient to each such work site.
the Act. (b) Where 10 or more miners use such
(d) An extension of the waiver at the toilet facilities, sufficient toilets shall
end of 1 year may be sought by the op- be furnished to provide approximately
erator by filing an application pursu- one sanitary toilet for each 10 miners.
ant to 71.404 no later than 30 days nor (c) Sanitary toilets shall have an at-
more than 60 days prior to the expira- tached toilet seat with a hinged lid and
tion date of the waiver. a toilet paper holder together with an
(Pub. L. No. 96511, 94 Stat. 2812 (44 U.S.C. adequate supply of toilet tissue.
3501 et seq.)) (d) Only flush or nonflush chemical
[37 FR 6368, Mar. 28, 1972, as amended at 47 or biological toilets, combustion or in-
FR 14696, Apr. 6, 1982; 60 FR 33723, June 29, cinerating toilets, sealed bag toilets,
1995] and vault toilets meet the require-
ments of this section. Privies are pro-
71.404 Application for waiver of sur- hibited.
face facilities requirements.
NOTE TO PARAGRAPH (d): Sanitary toilet fa-
(a) Application for waivers of any re- cilities for surface work areas of under-
quirements of 71.400 through 71.402 ground mines are subject to the provisions of
shall be in writing, filed with the ap- 75.17123 of this chapter.)
propriate Coal Mine Health and Safety
[68 FR 37087, June 23, 2003]
District Manager, and shall contain the
following information: 71.501 Sanitary toilet facilities; main-
(1) The name and address of the mine tenance.
operator,
Sanitary toilets provided in accord-
(2) The name and location of the
ance with the provisions of 71.500 shall
mine, and
be regularly maintained in a clean and
(3) A detailed statement of the sanitary condition. Holding tanks shall
grounds upon which the waiver is re- be serviced and cleaned when full and
quested and the period of time for in no case less than once each week
which it is requested.
when in use by draining or pumping or
(b) At the same time the application by removing them for cleaning and re-
is sent to the District Manager, a copy charging. Transfer tanks and transfer
of the application shall be forwarded to equipment, if used, shall be equipped
the appropriate Regional Program Di- with suitable fittings to permit com-
rector, National Institute for Occupa-
plete draining without spillage and
tional Safety and Health by the oper-
allow for the sanitary transportation
ator, and a copy showing the addresses
of wastes. Waste shall be disposed of in
of the appropriate District Manager
accordance with State and local laws
and Regional Program Director shall
and regulations.
be posted by the operator for at least 30

days on the mine bulletin board re-
quired by section 107(a) of the Act.
475
71.600 30 CFR Ch. I (7115 Edition)
Subpart GDrinking Water infected with the use of heat or sani-

tizers.
71.600 Drinking water; general. (c) Drinking fountains from which
An adequate supply of potable water water is dispensed shall be thoroughly
shall be provided for drinking purposes cleaned once each week.
in each surface installation and at each (d) Ice used for cooling drinking
surface worksite of the mine. water shall not be immersed or in di-
rect contact with the water to be
71.601 Drinking water; quality. cooled, unless it has been handled in a
(a) Potable water provided in accord- sanitary manner and unless the ice is
ance with the provisions of 71.600 shall made from the same source as the
meet the applicable minimum health drinking water or from water of a qual-
requirements for drinking water estab- ity equal to the source of the drinking
lished by the State or community in water.
which the mine is located.
(b) Where no such requirements are Subpart HAirborne
applicable, the drinking water provided Contaminants
shall conform to the Public Health
Service Drinking Water Standards, 42 71.700 Inhalation hazards; threshold
CFR part 72, subpart J. limit values for gases, dust, fumes,
mists, and vapors.
71.602 Drinking water; distribution.
(a) No operator of an underground
(a) Water shall be piped or trans- coal mine and no operator of a surface
ported in sanitary containers. Water coal mine may permit any person
systems and appurtenances thereto working at a surface installation or
shall be constructed and maintained in surface worksite to be exposed to air-
accordance with State and local re- borne contaminants (other than res-
quirements. Where no such require-
pirable coal mine dust, respirable dust
ments are applicable, water systems
containing quartz, and asbestos dust)
and appurtenances shall be constructed
in excess of, on the basis of a time-
and maintained in accordance with the
weighted average, the threshold limit
National Plumbing Code (ASA A40.8
1955) which is hereby incorporated by values adopted by the American Con-
reference and made a part hereof. (For ference of Governmental Industrial Hy-
information as to the availability of gienists in Threshold Limit Values of
this code, see 71.402(b).) Airborne Contaminants (1972) which is
(b) Water transported to the site hereby incorporated by reference and
shall be carried, stored and otherwise made a part hereof. Excursions above
protected in sanitary containers con- the listed threshold limit values shall
structed of smooth, impervious, heavy not be of greater magnitude than is
gauge, corrosion resistant materials. characterized as permissible by the
The containers shall be marked with conference. This paragraph does not
the words Drinking Water. apply to airborne contaminants given a
C designation by the conference in
71.603 Drinking water; dispensing re- the document. This document is avail-
quirements. able for examination at the Mine Safe-
(a) Water shall be dispensed through ty and Health Administration, Depart-
a drinking fountain or from a water ment of Labor, 1100 Wilson Blvd., Room
storage container with an adequate 2424, Arlington, Virginia 222093939; at
supply of single service cups stored in a every MSHA Coal Mine Safety and
clean, sanitary manner. Water shall Health district office; at the National
not be dipped from inside water storage Institute for Occupational Safety and
containers. Use of a common drinking Health, 5600 Fishers Lane, Rockville,
cup is prohibited. MD; and at the Public Health Service
(b) Water containers shall remain Information Centers listed in 45 CFR
sealed at all times during use and shall 5.31. Copies of the document may be
not be refilled with water for reuse purchased from American Conference
without first being cleaned and dis- of Governmental Industrial Hygienists,
476
1330 Kemper Meadow Drive, Attn: Cus- to assure compliance with 71.700 or
tomer Service, Cincinnati, OH 45240; 71.702, as applicable.
http://www.acgih.org.
[37 FR 6368, Mar. 28, 1972. Redesignated at 45
(b) All persons, including employees, FR 80756, Dec. 5, 1980; 73 FR 11304, Feb. 29,
shall be withdrawn from any area in 2008]
which there is a concentration of an
airborne contaminant given a C des- 71.702 Asbestos standard.
ignation by the Conference which ex- (a) Definitions. Asbestos is a generic
ceeds the threshold limit value (ceiling term for a number of asbestiform hy-
C limit) listed for that contaminant. drated silicates that, when crushed or
[37 FR 6368, Mar. 28, 1972, as amended at 39 processed, separate into flexible fibers
FR 17101, May 13, 1974; 43 FR 12319, Mar. 24, made up of fibrils.
1978. Redesignated at 45 FR 80756, Dec. 5, Asbestos means chrysotile,
1980, as amended at 67 FR 38385, June 4, 2002; cummingtonite-grunerite asbestos
71 FR 16668, Apr. 3, 2006] (amosite), crocidolite, anthophylite as-
bestos, tremolite asbestos, and actino-
71.701 Sampling; general require-
lite asbestos.
ments.
Asbestos fiber means a fiber of asbes-
(a) Air samples will be taken by the tos that meets the criteria of a fiber.
Secretary and will be analyzed to de- Fiber means a particle longer than 5
termine the concentrations of noxious micrometers (m) with a length-to-di-
or poisonous gases, dusts, fumes, mists, ameter ratio of at least 3-to-1.
and vapors in surface installations and (b) Permissible Exposure Limits
at surface worksites. (PELs)(1) Full-shift limit. A miners
(b) Upon written notification by the personal exposure to asbestos shall not
Secretary to the operator of an under- exceed an 8-hour time-weighted aver-
ground coal mine or of a surface coal age full-shift airborne concentration of
mine, the operator shall conduct any 0.1 fiber per cubic centimeter of air (f/
additional air sampling tests and anal- cc).
yses as the Secretary may from time to (2) Excursion limit. No miner shall be
time require in order to ensure compli- exposed at any time to airborne con-
ance with the standards set forth in centrations of asbestos in excess of 1
71.700 in each surface installation and fiber per cubic centimeter of air (f/cc)
at each surface worksite. as averaged over a sampling period of
(c) Where concentrations of airborne 30 minutes.
contaminants in excess of the applica- (c) Measurement of airborne asbestos
ble threshold limit values, permissible fiber concentration. Potential asbestos
exposure limits, or permissible excur- fiber concentration shall be determined
sions are known by the operator to by phase contrast microscopy (PCM)
exist in a surface installation or at a using the OSHA Reference Method in
surface worksite, the operator shall OSHAs asbestos standard found in 29
immediately provide necessary control CFR 1910.1001, Appendix A, or a method
measures to assure compliance with at least equivalent to that method in
71.700 or 71.702, as applicable. identifying a potential asbestos expo-
(d) Where the operator has reason- sure exceeding the 0.1 f/cc full-shift
able grounds to believe that concentra- limit or the 1 f/cc excursion limit.
tions of airborne contaminants in ex- When PCM results indicate a potential
cess of the applicable threshold limit exposure exceeding the 0.1 f/cc full-
values, permissible exposure limits, or shift limit or the 1 f/cc excursion limit,
permissible excursions exist, or are samples shall be further analyzed using
likely to exist, the operator shall transmission electron microscopy ac-
promptly conduct appropriate air sam- cording to NIOSH Method 7402 or a
pling tests to determine the concentra- method at least equivalent to that
tion of any airborne contaminant method.
which may be present and immediately [73 FR 11304, Feb. 29, 2008, as amended at 73
provide the necessary control measures FR 66172, Nov. 7, 2008]
477
PART 72HEALTH STANDARDS FOR 72.100 Periodic examinations.

COAL MINES (a) Each operator of a coal mine shall
provide to each miner periodic exami-
Subpart AGeneral nations including chest x-rays,
spirometry, symptom assessment, and
Sec. occupational history at a frequency
72.1 Scope. specified in this section and at no cost
to the miner.
Subpart BMedical Surveillance (1) Each operator shall use facilities
72.100 Periodic examinations. approved by the National Institute for
Occupational Safety and Health
Subpart C [Reserved] (NIOSH) to provide examinations speci-
fied in paragraph (a) of this section.
Subpart DDiesel Particulate MatterUn- (2) The results of examinations or
derground Areas of Underground Coal tests made pursuant to this section
Mines shall be furnished only to the Sec-
retary, Secretary of Health and Human
72.500 Emission limits for permissible die- Services (HHS), and at the request of
sel-powered equipment. the miner, to the miners designated
72.501 Emission limits for nonpermissible physician.
heavy-duty diesel-powered equipment,
(b) Voluntary examinations. Each oper-
generators and compressors.
ator shall provide the opportunity to
72.502 Requirements for nonpermissible
light-duty diesel-powered equipment
have the examinations specified in
other than generators and compressors. 72.100(a) at least every 5 years to all
72.503 Determination of emissions; filter miners employed at a coal mine. The
maintenance; definition of introduced. examinations shall be available during
72.510 Miner health training. a 6-month period that begins no less
72.520 Diesel equipment inventory. than 3.5 years and not more than 4.5
years from the end of the last 6-month
Subpart EMiscellaneous period.
(c) Mandatory examinations. For each
72.610 Abrasive blasting. miner who begins work at a coal mine
72.620 Drill dust control at surface mines for the first time, the operator shall
and surface areas of underground mines.
provide examinations specified in
72.630 Drill dust control at underground
72.100(a) as follows:
areas of underground mines.
(1) An initial examination no later
72.700 Respiratory equipment; respirable
dust.
than 30 days after beginning employ-
72.701 Respiratory equipment; gas, dusts, ment;
fumes, or mists. (2) A follow-up examination no later
72.710 Selection, fit, use, and maintenance than 3 years after the initial examina-
of approved respirators. tion in paragraph (c)(1); and
72.800 Single, full-shift measurement of res- (3) A follow-up examination no later
pirable coal mine dust. than 2 years after the examinations in
paragraph (c)(2) if the chest x-ray
AUTHORITY: 30 U.S.C. 811, 813(h), 957.
shows evidence of pneumoconiosis or
SOURCE: 59 FR 8327, Feb. 18, 1994, unless the spirometry examination indicates
otherwise noted. evidence of decreased lung function.
For this purpose, evidential criteria
Subpart AGeneral will be defined by NIOSH.
(d) Each mine operator shall develop
72.1 Scope. and submit for approval to NIOSH a
The health standards in this part plan in accordance with 42 CFR part 37
for providing miners with the examina-
apply to all coal mines.
tions specified in 72.100(a) and a roster
specifying the name and current ad-
Subpart BMedical Surveillance dress of each miner covered by the
plan.
SOURCE: 79 FR 24986, May 1, 2014, unless (e) Each mine operator shall post on
otherwise noted. the mine bulletin board at all times
478
the approved plan for providing the ex- compressor operated in an underground
aminations specified in 72.100(a). area of an underground coal mine must
emit no more than 5.0 grams per hour
Subpart C [Reserved] of diesel particulate matter.
(c) As of January 19, 2005, each piece
of nonpermissible heavy-duty diesel-
Subpart DDiesel Particulate Mat- powered equipment (as defined by
terUnderground Areas of 75.1908(a) of this part), generator or
Underground Coal Mines compressor operated in an underground
area of an underground coal mine must
SOURCE: 66 FR 5704, Jan. 19, 2001, unless emit no more than 2.5 grams per hour
otherwise noted. of diesel particulate matter.
(d) Notwithstanding the other provi-
72.500 Emission limits for permis- sions of this section, a generator or
sible diesel-powered equipment.
compressor that discharges its exhaust
(a) Each piece of permissible diesel- directly into intake air that is coursed
powered equipment introduced into an directly to a return air course, or dis-
underground area of an underground charges its exhaust directly into a re-
coal mine after May 21, 2001 must emit turn air course, is not subject to the
no more than 2.5 grams per hour of die- applicable requirements of this section.
sel particulate matter.
(b) As of July 19, 2002, each piece of FR 15033, Mar. 15, 2001; 66 FR 27866, May 21,
permissible diesel-powered equipment 2001]
operated in an underground area of an
underground coal mine must emit no 72.502 Requirements for nonpermis-
more than 2.5 grams per hour of diesel sible light-duty diesel-powered
particulate matter. equipment other than generators
and compressors.
FR 15033, Mar. 15, 2001; 66 FR 27866, May 21, (a) Each piece of nonpermissible
2001] light-duty diesel-powered equipment
(as defined by 75.1908(b) of this chap-
72.501 Emission limits for nonpermis- ter), other than generators and com-
sible heavy-duty diesel-powered pressors, introduced into an under-
equipment, generators and com- ground area of an underground coal
pressors. mine after May 21, 2001 must emit no
(a) Each piece of nonpermissible more than 5.0 grams per hour of diesel
heavy-duty diesel-powered equipment particulate matter.
(as defined by 75.1908(a) of this part), (b) A piece of nonpermissible light-
generator or compressor introduced duty diesel-powered equipment must be
into an underground area of an under- deemed to be in compliance with the
ground coal mine after May 21, 2001 requirements of paragraph (a) of this
must emit no more than 5.0 grams per section if it utilizes an engine which
hour of diesel particulate matter. meets or exceeds the applicable partic-
(b) As of July 21, 2003, each piece of ulate matter emission requirements of
nonpermissible heavy-duty diesel-pow- the Environmental Protection Admin-
ered equipment (as defined by istration listed in Table 72.5021, as fol-
75.1908(a) of this part), generator or lows:
TABLE 72.5021
40 CFR 86.0948(a)(1)(I)(A)(2) ................. light duty vehicle ...................................... 0.1 g/mile.

40 CFR 86.0949(a)(1)(I)(A)(2) ................. light duty truck ......................................... 0.1 g/mile.
40 CFR 86.09411(a)(1)(iv)(B) ................. heavy duty highway engine ..................... 0.1 g/bhp-hr.
40 CFR 89.112(a) ...................................... Tier 2 nonroad ......................................... Varies by power:
kW<(hp<11) ............................................. 0.80 g/kW-hr (0.60 g/bhp-hr).
8kW<19 (11hp<25) .............................. 0.80 g/kW-hr (0.60 g/bhp-hr).
19kW<37 (25hp<50) ............................ 0.60 g/kW-hr (0.45 g/bhp-hr).
37kW<75 (50hp<100) .......................... 0.40 g/kW-hr (0.30 g/bhp-hr).

75kW<130 (100hp<175) ...................... 0.30 g/kW-hr (0.22 g/bhp-hr).
130kW<225 (175hp<300) .................... 0.20 g/kW-hr (0.15 g/bhp-hr).
479
72.503 30 CFR Ch. I (7115 Edition)
TABLE 72.5021Continued
225kW<450 (300hp<600) .................... 0.20 g/kW-hr (0.15 g/bhp-hr).

450kW<560 (600hp<750) .................. 0.20 g/kW-hr (0.15 g/bhp-hr)
kW560 (hp750) .................................... 0.20 g/kW-hr (0.15 g/bhp-hr)
NOTES: g means grams; kW means kilowatt; hp means horsepower; g/kW-hr means grams/kilowatt-hour; g/bhp-hr
means grams/brake horsepower-hour.
(c) The requirements of this section may accept the results of tests con-
do not apply to any diesel-powered am- ducted or certified by an organization
bulance or fire fighting equipment that whose testing standards are deemed by
is being used in accordance with the the Secretary to be as rigorous as
mine fire fighting and evacuation plan those set forth by paragraph (b) of this
under 75.1502. section; and further, the Secretary
[66 FR 5704, Jan. 19, 2001, as amended at 66 may accept the results of tests for one
FR 15033, Mar. 15, 2001; 66 FR 27866, May 21, aftertreatment device as evidencing
2001; 70 FR 36347, June 23, 2005] the efficiency of another
aftertreatment device which the Sec-
72.503 Determination of emissions; retary determines to be essentially
filter maintenance; definition of identical to the one tested.
introduced. (d) Operators must maintain in ac-
(a) MSHA will determine compliance cordance with manufacturer specifica-
with the emission requirements estab- tions and free of observable defects,
lished by this part by using the amount any aftertreatment device installed on
of diesel particulate matter emitted by a piece of diesel equipment upon which
a particular engine determined from the operator relies to remove diesel
the engine approval pursuant to particulate matter from diesel emis-
7.89(a)(9)(iii)(B) or 7.89(a)(9)(iv)(A) of sions.
this title, with the exception of engines (e) For purposes of 72.500(a),
deemed to be in compliance by meeting 72.501(a) and 72.502(a), the term intro-
the EPA requirements specified in duced means any piece of equipment
Table 72.5021 ( 72.502(b)). whose engine is a new addition to the
(b) Except as provided in paragraph underground inventory of engines of
(c) of this section, the amount by the mine in question, including newly
which an aftertreatment device can re- purchased equipment, used equipment,
duce engine emissions of diesel particu- and equipment receiving a replacement
late matter as determined pursuant to engine that has a different serial num-
paragraph (a) must be established by a ber than the engine it is replacing.
laboratory test: Introduced does not include a piece
(1) on an approved engine which of equipment whose engine was pre-
MSHA has determined, pursuant to viously part of the mine inventory and
paragraph (a) of this section, to emit rebuilt.
no more diesel particulate matter than
the engine being used in the piece of 72.510 Miner health training.
diesel-powered equipment in question;
(2) using the test cycle specified in (a) Operators must provide annual
Table E3 of 7.89 of this title, and fol- training to all miners at a mine who
lowing a test procedure appropriate for can reasonably be expected to be ex-
the filtration system, by a laboratory posed to diesel emissions on that prop-
capable of testing engines in accord- erty. The training must include
ance with the requirements of Subpart (1) The health risks associated with
E of part 7 of this title; and exposure to diesel particulate matter;
(3) with an aftertreatment device rep- (2) The methods used in the mine to
resentative of that being used on the control diesel particulate matter con-
piece of diesel-powered equipment in centrations;
question. (3) Identification of the personnel re-

(c) In lieu of the laboratory tests responsible for maintaining those con-
quired by paragraph (b), the Secretary trols; and
480
(4) Actions miners must take to en- properly use respirators approved for
sure the controls operate as intended. abrasive blasting by NIOSH under 42
(b)(1) An operator must keep a record CFR part 84, or the operation shall be
of the training at the mine site for one performed in a totally enclosed device
year after completion of the training. with the miner outside the device.
An operator may keep the record else- (b) Underground areas of underground
where if the record is immediately ac- mines. Silica sand or other materials
cessible from the mine site by elec- containing more than 1 percent free
tronic transmission. silica shall not be used as an abrasive
(2) Upon request from an authorized substance in abrasive blasting.
representative of the Secretary of
Labor, the Secretary of Health and [59 FR 8327, Feb. 18, 1994, as amended at 60
Human Services, or from the author- FR 30401, June 8, 1995]
ized representative of miners, mine op-
72.620 Drill dust control at surface
erators must promptly provide access mines and surface areas of under-
to any such training record. Whenever ground mines.
an operator ceases to do business, that
operator must transfer the training Holes shall be collared and drilled
records, or a copy, to any successor op- wet, or other effective dust control
erator who must maintain them for the measures shall be used, when drilling
required period. non-water-soluble material. Effective
dust control measures shall be used
72.520 Diesel equipment inventory. when drilling water-soluble material.
(a) The operator of each mine that
utilizes diesel equipment underground, 72.630 Drill dust control at under-
ground areas of underground
shall prepare and submit in writing to mines.
the District Manager, an inventory of
diesel equipment used in the mine. The (a) Dust resulting from drilling in
inventory shall include the number and rock shall be controlled by use of per-
type of diesel-powered units used un- missible dust collectors, or by water,
derground, including make and model or water with a wetting agent, or by
of unit, type of equipment, make and ventilation, or by any other method or
model of engine, serial number of en- device approved by the Secretary that
gine, brake horsepower rating of en- is as effective in controlling the dust.
gine, emissions of engine in grams per (b) Dust collectors. Dust collectors
hour or grams per brake horsepower- shall be maintained in permissible and
hour, approval number of engine, make operating condition. Dust collectors
and model of aftertreatment device, se- approved under Part 33Dust Collec-
rial number of aftertreatment device if tors for Use in Connection with Rock
available, and efficiency of Drilling in Coal Mines of this title or
aftertreatment device. under Bureau of Mines Schedule 25B
(b) The mine operator shall make are permissible dust collectors for the
changes to the diesel equipment inven- purpose of this section.
tory as equipment or emission control (c) Water control. Water used to con-
systems are added, deleted or modified trol dust from drilling rock shall be ap-
and submit revisions, to the District plied through a hollow drill steel or
Manager, within 7 calendar days. stem or by the flooding of vertical drill
(c) If requested, the mine operator holes in the floor.
shall provide a copy of the diesel equip- (d) Ventilation control. To adequately
ment inventory to the representative control dust from drilling rock, the air
of the miners within 3 days of the re- current shall be so directed that the
quest. dust is readily dispersed and carried
away from the drill operator or any
Subpart EMiscellaneous other miners in the area.
72.610 Abrasive blasting. 72.700 Respiratory equipment; res-

pirable dust.
(a) Surface and underground mines.

When an abrasive blasting operation is (a) Respiratory equipment approved
performed, all exposed miners shall by NIOSH under 42 CFR part 84 shall be
481
72.701 30 CFR Ch. I (7115 Edition)
made available to all persons as re- tion may be obtained from the Amer-
quired under parts 70, 71, and 90 of this ican National Standards Institute, Inc.,
chapter. Use of respirators shall not be 25 W. 43rd Street, 4th Floor, New York,
substituted for environmental control NY 10036; http://www.ansi.org, and may
measures in the active workings. Each be inspected at any MSHA Coal Mine
operator shall maintain an adequate Safety and Health district office, or at
supply of respiratory equipment. MSHAs Office of Standards, Regula-
(b) When required to make res- tions, and Variances, 1100 Wilson Blvd.,
pirators available, the operator shall Room 2352, Arlington, Virginia 22209
provide training prior to the miners 3939, or at the National Archives and
next scheduled work shift, unless the Records Administration (NARA). For
miner received training within the pre- information on the availability of this
vious 12 months on the types of res- material at NARA, call 2027416030, or
pirators made available. The training go to: http://www.archives.gov/
shall include: The care, fit, use, and federallregister/
limitations of each type of respirator. codeloflfederallregulations/
(c) An operator shall keep a record of ibrllocations.html. This incorporation
the training at the mine site for 24 by reference was approved by the Di-
months after completion of the train- rector of the Federal Register in ac-
ing. An operator may keep the record cordance with 5 U.S.C. 552(a) and 1 CFR
elsewhere if the record is immediately part 51.
accessible from the mine site by elec- [60 FR 30401, June 8, 1995, as amended at 67
tronic transmission. Upon request from FR 38386, June 4, 2002; 71 FR 16668, Apr. 3,
an authorized representative of the 2006]
Secretary, Secretary of HHS, or rep-
resentative of miners, the operator 72.800 Single, full-shift measurement
shall promptly provide access to any of respirable coal mine dust.
such training records. The record shall The Secretary will use a single, full-
include: shift measurement of respirable coal
(1) The date of training; mine dust to determine the average
(2) The names of miners trained; and concentration on a shift since that
(3) The subjects included in the train- measurement accurately represents at-
ing. mospheric conditions to which a miner
is exposed during such shift. Non-
[79 FR 24986, May 1, 2014] compliance with the applicable res-
72.701 Respiratory equipment; gas, pirable dust standard or the applicable
dusts, fumes, or mists. respirable dust standard when quartz is
present, in accordance with subchapter
Respiratory equipment approved by O of this chapter, is demonstrated
NIOSH under 42 CFR part 84 shall be when a single, full-shift measurement
provided to persons exposed for short taken by MSHA meets or exceeds the
periods to inhalation hazards from gas, applicable ECV in Table 701, 711, or
dusts, fumes, or mists. When the expo- 901 that corresponds to the applicable
sure is for prolonged periods, other standard and the particular sampling
measures to protect such persons or to device used. Upon issuance of a cita-
reduce the hazard shall be taken. tion for a violation of the applicable
[79 FR 24986, May 1, 2014] standard, and for MSHA to terminate
the citation, the operator shall take
72.710 Selection, fit, use, and mainte- the specified actions in subchapter O of
nance of approved respirators. this chapter.
In order to ensure the maximum [79 FR 24986, May 1, 2014]
amount of respiratory protection, ap-
proved respirators shall be selected,
fitted, used, and maintained in accord-
PART 74COAL MINE DUST
ance with the provisions of the Amer- SAMPLING DEVICES
ican National Standards Institutes
Subpart AGeneral
Practices for Respiratory Protection

ANSI Z88.21969, which is hereby in- Sec.
corporated by reference. This publica- 74.1 Purpose.
482
74.2 Definitions. amount being measured, without re-
gard for the direction of the error,
Subpart BApproval Requirements for which is achieved with a 0.95 prob-
Coal Mine Dust Personal Sampler Unit ability by the method.
74.3 Sampler unit. (b) Bias: the uncorrectable relative
74.4 Specifications of sampler unit. discrepancy between the mean of the
74.5 Tests of coal mine dust personal sam- distribution of measurements from a
pler units.
CPDM and the true concentration
74.6 Quality control.
being measured.
Subpart CRequirements for Continuous (c) Coal mine dust personal sampler
Personal Dust Monitors (CPDMs) unit (CMDPSU): a personal device for
measuring concentrations of respirable
74.7 Design and construction requirements.
dust in coal mine atmospheres that
74.8 Measurement, accuracy, and reliability
requirements. meets the requirements specified under
74.9 Quality assurance. Subpart B of this part.
74.10 Operating and maintenance instruc- (d) Continuous personal dust monitor
tions. (CPDM): a sampling device for continu-
74.11 Tests of the continuous personal dust ously measuring concentrations of res-
monitor.
pirable dust in coal mine atmospheres
Subpart DGeneral Requirements for All that reports within-shift and end-of
Devices shift measurements of dust concentra-
tions immediately upon the completion
74.12 Conduct of tests; demonstrations. of the period of exposure that was mon-
74.13 Applications. itored and that meets the requirements
74.14 Certificate of approval.
74.15 Approval labels. specified under Subpart C of this part.
74.16 Material required for record. (e) ISO: the International Organiza-
74.17 Changes after certification. tion for Standardization, an inter-
74.18 Withdrawal of certification. national standard-setting organization
AUTHORITY: 30 U.S.C. 957. composed of representatives from var-
ious national standards-setting organi-
otherwise noted. zations. ISO produces industrial and
commercial voluntary consensus stand-
ards used worldwide.
Subpart AGeneral
(f) Precision: the relative variability
74.1 Purpose. of measurements from a homogeneous
atmosphere about the mean of the pop-
the requirements for approval of coal ulation of measurements, divided by
mine dust sampling devices for deter- the mean at a given concentration. It
mining the concentrations of res- reflects the ability of a CPDM to rep-
pirable dust in coal mine atmospheres; licate measurement results.
procedures for applying for such ap-
proval; test procedures; and labeling. Subpart BApproval Require-
ments for Coal Mine Dust Per-
74.2 Definitions. sonal Sampler Unit
(a) Accuracy: the ability of a contin-
uous personal dust monitor (CPDM) to 74.3 Sampler unit.
determine the true concentration of A CMDPSU shall consist of:
the environment sampled. Accuracy
(a) A pump unit,
describes the closeness of a typical
measurement to the quantity meas- (b) A sampling head assembly, and
ured, although it is defined and ex- (c) If rechargeable batteries are used
pressed in terms of the relative dis- in the pump unit, a battery charger.
crepancy of a typical measurement
74.4 Specifications of sampler unit.
from the quantity measured. The accu-
racy of a CPDM is the theoretical max- (a) Pump unit: (1) Dimensions. The
imum error of measurement, expressed overall dimensions of the pump unit,
as the proportion or percentage of the hose connections, and valve or switch
483
covers shall not exceed 4 inches (10 cen- (10) Recharging connection. A suitable
timeters) in height, 4 inches (10 centi- connection shall be provided so that
meters) in width, and 2 inches (5 centi- the battery may be recharged without
meters) in thickness. removing the battery from the pump
(2) Weight. The pump unit shall not case or from the battery case if a sepa-
weigh more than 20 ounces (567 grams). rate battery case is used.
(3) Construction. The case and all (11) Flow rate indicator. A visual indi-
components of the pump unit shall be cator of flow rate shall be provided ei-
of sufficiently durable construction to ther as an integral part of the pump
endure the wear of use in a coal mine, unit or of the sampling head assembly.
shall be tight fitting to minimize the The flow rate indicator shall be cali-
amount of dust entering the pump brated within 5 percent at 2.2, 2.0, and
case, and shall be designed to protect 1.7 liters per minute to indicate the
against radio frequency interference rate of air passing through the accom-
and electromagnetic interference. panying sampling head assembly.
(4) Exhaust. The pump shall exhaust (12) Flow rate range. The pump shall
into the pump case, maintaining a be capable of operating within a range
slight positive pressure which will re- of from 1.5 to 2.5 liters per minute and
duce the entry of dust into the pump shall be adjustable over this range.
case. (13) Flow rate consistency. The flow
(5) Switch. The pump unit shall be shall remain within 0.1 liters per
equipped with an ON/OFF switch or minute over at least a 10-hour period
equivalent device on the outside of the when the pump is operated at 2 liters
pump case. This switch shall be proper minute with a standard sampling
tected against accidental operation head assembly.
during use and protected to keep dust (14) Flow restriction indicator. The
from entering the mechanisms. pump shall be capable of detecting re-
(6) Flow rate adjustment. Except as stricted flow and providing a visual in-
provided in the last sentence of this dication if it occurs. The flow restric-
paragraph, the pump unit shall be tion indicator shall remain activated
equipped with a suitable means of flow until the cause is corrected. The pump
rate adjustment accessible from out- shall shut down automatically if flow
side the case. The flow rate adjuster is restricted for one minute.
shall be recessed in the pump case and (15) Duration of operation. The pump
protected against accidental adjust- with a fully charged battery pack shall
ment. If the pump is capable of main- be capable of operating for (i) not less
taining the flow rate consistency re- than 8 hours at a flow rate of 2 liters
quired in this part without adjustment, per minute against a resistance of 25
an external flow rate adjuster is not re- inches (64 centimeters) of water meas-
quired. ured at the inlet of the pump; and (ii)
(7) Battery. The power supply for the for not less than 10 hours at a flow rate
pump shall be a suitable battery lo- of 2 liters per minute against a resist-
cated in the pump case or in a separate ance of 15 inches (38 centimeters) of
case which attaches to the pump case water measured at the inlet of the
by a permissible electrical connection. pump.
(8) Pulsation. (i) The irregularity in (16) Low battery indicator. The pump
flow rate due to pulsation shall have a unit shall be equipped with a visual in-
fundamental frequency of not less than dicator of low battery power.
20 Hz. (17) Elapsed time indicator. The pump
(ii) The quantity of respirable dust unit shall be capable of displaying the
collected with a sampler unit shall be actual pump run time in minutes (up
within 5 percent of that collected with to 999 minutes) and retaining the last
a sampling head assembly operated reading after the pump is shut down
with nonpulsating flow. due to either a flow restriction de-
(9) Belt clips. The pump unit shall be scribed in paragraph (a)(14) of this sec-
provided with a belt clip which will tion or low battery power described in
hold the pump securely on a coal min- paragraph (a)(16) of this section or at
ers belt. the end of the sampling shift.
484
(b) Sampling head assembly. The sam- tex finder and the capsule and between
pling head assembly shall consist of a the capsule and the 14-inch (0.64 centi-
cyclone and a filter assembly as fol- meters) (inside diameter) hose men-
lows: tioned in paragraph (b)(5) of this sec-
(1) Cyclone. The cyclone shall consist tion shall be mechanically firm and
of a cyclone body with removable grit shall not leak at a rate of more than
cap and a vortex finder and shall be 0.1 liters per hour under a vacuum of 4
constructed of nylon or a material inches (10 centimeters) of water.
equivalent in performance. The dimen- (4) Clamping of components. The
sions of the components, with the ex- clamping and positioning of the cy-
ception of the grit cap, shall be iden-
clone body, vortex finder, and cassette
tical to those of a Dorr-Oliver 10 milli-
shall be rigid, remain in alignment, be
meter cyclone body, part No. 28541/4A
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 (5) Hose. A 3-foot (91 centimeter)
surface characteristics of the filter long, 14-inch (0.64 centimeters) (inside
shall be such that dust deposited on its diameter) clear plastic hose shall be
surface may be removed by ultrasonic provided to form an airtight connec-
methods without tearing the filter. The tion between the inlet of the sampler
filter resistance shall not exceed 2 pump and the outlet of the filter as-
inches (0.5 centimeters) of water at an sembly. A device, capable of sliding
airflow rate of 2 liters per minute. along the hose and attaching to the
(ii) Capsule. The capsule enclosing miners outer garment, shall be pro-
the filter shall not permit sample air vided.
to leak around the filter and shall pre-
(c) Battery charger. (1) Power supply.
vent visual inspection of the filter sur-
The battery charger shall be operated
face or filter loading. The capsule shall
be made of nonhydroscopic material. from a 110 (VAC) (nominal), 60 Hz
Its weight, including the enclosed fil- power line.
ter, shall not exceed 5 grams and it (2) Connection. The battery charger
shall be pre-weighed by the manufac- shall be provided with a cord and polar-
turer with a precision of 0.001 milli- ized connector so that it may be con-
grams. Impact to the capsule shall not nected to the charge socket on the
dislodge any dust from the capsule, pump or battery case.
which might then be lost to the weight (3) Protection. The battery charger
measurement. shall be fused, shall have a grounded
(iii) Cassette. The cassette shall en- power plug, and shall not be suscep-
close the capsule so as to prevent con- tible to damage by being operated
tamination and intentional or inad- without a battery on charge.
vertent alteration of dust deposited on (4) Charge rates. The battery charger
the filter. The cassette must be easily shall be capable of fully recharging the
removable without causing a loss or battery in the pump unit within 16
gain of capsule weight. The cassette hours.
shall be designed to prevent contami-
nants from entering or dust from leav- 74.5 Tests of coal mine dust personal
ing the capsule when it is not in use, sampler units.
and to prevent the reversal of airflow
through the capsule or other means of (a) The National Institute for Occu-
pational Safety and Health (NIOSH),
removing dust collected on the filter.

(3) Arrangement of components. The Department of Health and Human
connections between the cyclone vor-
485
Services, shall conduct tests to deter- work shift under representative work-
mine whether a CMDPSU that is sub- ing conditions of underground coal
mitted for approval under these regula- miners, including representative types
tions meets the requirements set forth and durations of physical activity,
in 74.4. tasks, and changes in body orientation.
(b) The Mine Safety and Health Ad- (1) The testing protocol shall specify
ministration (MSHA), Department of that the tests be conducted in one or
Labor, will conduct tests and evalua- more active mines under routine oper-
tions to determine whether the pump ating conditions during production
unit of a CMDPSU that is submitted shifts.
for approval under these regulations (2) The applicant shall submit the
complies with the applicable permissi- testing protocol, in writing, to NIOSH
bility provisions of 30 CFR 18.68. for approval prior to conducting such
74.6 Quality control. testing.
(3) The applicant shall include the
The applicant shall describe the way
testing protocol and written test re-
in which each lot of components will be
sults in the application submitted to
sampled and tested to maintain its
NIOSH as specified in 74.13.
quality prior to assembly of each sam-
pler unit. In order to assure that the (4) NIOSH will advise and assist the
quality of the CMDPSU will be main- applicant, as necessary, to develop a
tained in production through adequate testing protocol and arrange for the
quality control procedures, MSHA and conduct of testing specified in this
NIOSH reserve the right to have their paragraph.
qualified personnel inspect each appli- (5) NIOSH may further inspect the
cants control-test equipment proce- device or conduct such tests as it
dures and records and to interview the deems necessary to assure the safety,
employees who conduct the control comfort, practicality, and operability
tests. Two copies of the results of any of the device when it is worn by coal
tests made by the applicant on the miners in the performance of their du-
CMDPSU or the pump unit thereof ties.
shall accompany an application pro- (6) NIOSH may waive the require-
vided under 74.13 of this part. ment for the applicant to conduct test-
ing under paragraph (b) of this section
Subpart CRequirements for if NIOSH determines that such testing
Continuous Personal Dust Monitors is unnecessary to assure the safety,
comfort, practicality, and operability
74.7 Design and construction re- of the device when it is worn by coal
quirements. miners in the performance of their du-
(a) General requirement. Continuous ties.
Personal Dust Monitors (CPDMs) shall (c) Maximum weight. A CPDM shall
be designed and constructed for coal not add more than 2 kg to the total
miners to wear and operate without weight carried by the miner. CPDMs
impeding their ability to perform their that are combined with other func-
work safely and effectively, and shall tions, such as communication or illu-
be sufficiently durable to perform reli- mination, may exceed 2 kg provided
ably in the normal working conditions that the total added weight carried by
of coal mines. the miner does not exceed 2 kg.
(b) Ergonomic design testing. Prior to (d) Dust concentration range. The
submitting an application under 74.13, CPDM shall measure respirable coal
the applicant shall develop a testing mine dust concentrations accurately,
protocol and test the CPDM to assure as specified under 74.8, for an end-of-
that the device can be worn safely, shift average measurement, for con-
without discomfort, and without im- centrations within a range from 0.2 to
pairing a coal miner in the perform- 4.0 mg/m3 for respirable coal mine dust.
ance of duties throughout a full work For end-of-shift average concentra-
shift. The results of the test shall also tions exceeding 4.0 mg/m3, the CPDM
demonstrate that the device will oper- shall provide a reliable indication that
ate consistently throughout a full the concentration exceeded 4.0 mg/m3.
486
(e) Environmental conditions. The codeloflfederallregulations/

CPDM shall operate reliably and accu- ibrllocations.html.
rately as specified under 74.8, under (2) For immunity/susceptibility pro-
the following environmental condi- tection, operators must follow: IEC
tions: 6100046, International Standard (Elec-
(1) At any ambient temperature and tromagnetic compatibilityPart 46:
varying temperatures from minus 30 to Testing and measurement techniques
plus 40 degrees centigrade; Immunity to conducted disturbances,
(2) At any atmospheric pressure from induced by radio-frequency fields), Edi-
700 to 1000 millibars; tion 3.0, 200810. Persons must proceed
(3) At any ambient humidity from 10 in accordance with IEC 6100046, Inter-
to 100 percent relative humidity; and national Standard (Electromagnetic
(4) While exposed to water mists gen- compatibilityPart 46: Testing and
erated for dust suppression and while measurement techniquesImmunity to
monitoring atmospheres including such conducted disturbances, induced by
water mists. radio-frequency fields), Edition 3.0,
(f) Electromagnetic interference. The 200810. The Director of the Federal
CPDM shall meet the following stand- Register approves this incorporation
ards for control of and protection from by reference in accordance with 5
electromagnetic interference. U.S.C. 552(a) and 1 CFR part 51.
(1) For emissions control, operators
(i) Persons may obtain a copy from
must follow: IEEE Std C95.12005,
the International Electrotechnical
(IEEE Standard for Safety Levels with
Commission at the address provided
Respect to Human Exposure to Radio
Frequency Electromagnetic Fields, 3 below:
kHz to 300 GHz) and 47 CFR 15.1 International Electrotechnical Com-
through 15.407 (FCC Radio Frequency mission, IEC Central Office, 3, rue de
Devices). Persons must proceed in ac- Varembe, P.O. Box 131, CH1211 GENE-
cordance with IEEE Std C95.12005 VA 20, Switzerland. http://
(IEEE Standard for Safety Levels with www.standardsinfo.net.
Respect to Human Exposure to Radio (ii) Persons may inspect a copy at
Frequency Electromagnetic Fields, 3 MSHA, Office of Standards, Regula-
kHz to 300 GHz). tions, and Variances, 1100 Wilson Bou-
(i) The Director of the Federal Reg- levard, Room 2350, Arlington, Virginia
ister approves this incorporation by 222093939, (202) 6939440, or at the Na-
reference in accordance with 5 U.S.C. tional Archives and Records Adminis-
552(a) and 1 CFR part 51. Persons may tration (NARA). For information on
obtain a copy from: American National the availability of this material at
Standards Institute (ANSI), 25 West NARA, call 2027416030, or go to: http://
43rd Street, New York, NY 10036. http:// www.archives.gov/federallregister/
www.ansi.org. codeloflfederallregulations/
(ii) Persons may inspect a copy at ibrllocations.html.
MSHA, Office of Standards, Regula- (g) Durability testing. The CPDM shall
tions, and Variances, 1100 Wilson Bou- be designed and constructed to remain
levard, Room 2350, Arlington, Virginia safe and measure respirable coal mine
222093939, (202) 6939440, or at the Na- dust concentrations accurately, as
tional Archives and Records Adminis- specified under 74.8 of this section
tration (NARA). For information on after undergoing the following dura-
the availability of this material at bility tests, which NIOSH will apply to
NARA, call 2027416030, or go to: http:// test devices prior to their use in fur-
www.archives.gov/federallregister/ ther testing under 74.8 of this-subpart:
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.
487
(1) Persons must proceed in accord- not vary more than 5 percent of the
ance with Mil-Std-810F, 514.5, Depart- calibrated flow for 95 percent of sam-
ment of Defense Test Method for Envi- ples taken for any continuous duration
ronmental Engineering Considerations for up to 12 hours. The flow calibration
and Laboratory Tests, 1 January 2000. maintenance interval to assure such
The Director of the Federal Register performance shall be specified in the
approves this incorporation by ref- calibration instructions for the device.
erence in accordance with 5 U.S.C. (k) Battery check. If the CPDM uses a
552(a) and 1 CFR part 51. Persons may rechargeable battery, the CPDM shall
obtain a copy from the U.S. Depart- have a feature to indicate to the user
ment of Defense at the address pro- that the device is sufficiently charged
vided below. to operate and provide accurate meas-
ASC/ENOI, Bldg. 560, 2530 Loop Road
urements for an entire shift of 12 hours
West, Wright-Patterson AFB OH 45433
under normal conditions of use.
7101. http://www.dtc.army.mil/navigator/.
(2) Persons may inspect a copy at (l) Integration with other personal min-
MSHA, Office of Standards, Regula- ing equipment. (1) If the CPDM is inte-
tions, and Variances, 1100 Wilson Bou- grated or shares functions with any
levard, Room 2350, Arlington, Virginia other devices used in mines, such as
222093939, (202) 6939440, or at the Na- cap lights or power sources, then the
tional Archives and Records Adminis- applicant shall obtain approvals for
tration (NARA). For information on such other devices, prior to receiving
the availability of this material at final certification of the CPDM under
NARA, call 2027416030, or go to: http:// this section.
www.archives.gov/federallregister/ (2) A CPDM that is integrated with
codeloflfederallregulations/ another device shall be tested, accord-
ibrllocations.html. ing to all the requirements under this
(h) Reporting of monitoring results. (1) part, with the other device coupled to
The CPDM shall report continuous the CPDM and operating.
monitoring results legibly or audibly (m) Tampering safeguards or indicators.
during use. A digital display, if used, The CPDM shall include a safeguard or
shall be illuminated and shall provide a indicator which either prevents inten-
minimum character height of 6 milli- tional or inadvertent altering of the
meters. Other forms of display (e.g., measuring or reporting functions or in-
analogue) must provide comparable dicates that the measuring or report-
visibility. Auditory reporting, if used, ing functions have been altered.
shall be clear, have adjustable volume, (n) Maintenance features. The CPDM
and provide means for the user to ob- shall be designed to assure that the de-
tain data reports repetitively. The vice can be cleaned and maintained to
CPDM shall also report end-of-shift re- perform accurately and reliably for the
sults using computer software compat- duration of its service life.
ible with current, commonly used per-
sonal computer technology. 74.8 Measurement, accuracy, and re-
(2) The CPDM shall report results as liability requirements.
cumulative mass concentration in
units of mass per volume of air (mg/m3) (a) Breathing zone measurement re-
with two significant figures of accu- quirement. The CPDM shall be capable
racy rounded as customary. of measuring respirable dust within the
(i) Power requirements. The power personal breathing zone of the miner
source of the CPDM shall have suffi- whose exposure is being monitored.
cient capacity to enable continuous (b) Accuracy. The ability of a CPDM
sampling for 12 hours in a coal mine to determine the true concentration of
dust atmosphere of up to 4.0 mg/m3. If respirable coal mine dust at the end of
the CPDM uses a rechargeable battery, a shift shall be established through
the battery charger shall be operated testing that demonstrates the fol-
from a 110 (VAC) (nominal), 60 Hz lowing:
power line. (1) For full-shift measurements of 8

(j) Flow stability and calibration of hours or more, a 95 percent confidence
pump. If a pump is used, the flow shall that the recorded measurements are
488
within 25 percent of the true res- mean of the distribution of measure-

pirable dust concentration, as deter- ments and the true dust concentration
mined by CMDPSU reference measure- being measured during testing shall be
ments, over a concentration range no greater than 10 percent. Bias must
from 0.2 to 4.0 mg/m3; and be constant over the range of dust con-
(2) For intra-shift measurements of centration levels tested, 0.2 to 4.0 mg/
less than 8 hours, a 95 percent con- m3 for an 8-hour sampling period.
fidence that the recorded measure- (f) Testing conditions. Laboratory and
ments are within 25 percent of the mine testing of the CPDM for accu-
true respirable dust concentration, as racy, precision, bias, and reliability
determined by CMDPSU reference under diverse environmental condi-
measurements, over the concentration tions (as defined under 74.7(e) and (g))
range equivalent to 0.2 to 4.0 mg/m3 for shall be determined using the NIOSH
an 8-hour period.1 testing procedure, Continuous Per-
(c) Reliability of measurements. The sonal Dust Monitor Accuracy Testing,
CPDM shall meet the accuracy require- June 23, 2008, available at: http://
ments under paragraph (b) of this sec- www.cdc.gov/niosh/mining/pubs/
tion, regardless of the variation in den- pubreference/outputid3076.htm. All test-
sity, composition, size distribution of ing results shall be submitted to
respirable coal mine dust particles, and NIOSH in writing on the application
the presence of water spray mist in filed under 74.11.
coal mines. (1) Persons must proceed in accord-
(d) Precision. The precision of the ance with NIOSH testing procedure
CPDM shall be established through Continuous Personal Dust Monitor
testing to determine the variability of Accuracy Testing, June 23, 2008. The
multiple measurements of the same Director of the Federal Register ap-
dust concentration, as defined by the proves this incorporation by reference
relative standard deviation of the dis- in accordance with 5 U.S.C. 552(a) and 1
tribution of measurements. The rel- CFR part 51. Persons may obtain a
ative standard deviation shall be less copy at the address below: NIOSHPub-
than 0.1275 without bias for both full- lications Dissemination, 4676 Columbia
shift measurements of 8 hours or more, Parkway, Cincinnati, OH 45226. http://
and for intra-shift measurements of www.cdc.gov/niosh/mining.
less than 8 hours within the dust con- (2) Persons may inspect a copy at
centration range equivalent to 0.2 to MSHA, Office of Standards, Regula-
4.0 mg/m3 for an 8-hour period, as speci- tions, and Variances, 1100 Wilson Bou-
fied under paragraph (b)(2) of this sec- levard, Room 2350, Arlington, Virginia
tion. 222093939, (202) 6939440, or at the Na-
(e) Bias. The bias of the CPDM meas- tional Archives and Records Adminis-
urements shall be limited such that the tration (NARA). For information on
uncorrectable discrepancy between the the availability of this material at
NARA, call 2027416030, or go to: http://
1 The equivalent dust concentration range www.archives.gov/federallregister/
to the 8-hour range of 0.2 4 mg/m3 is cal- codeloflfederallregulations/
culated by multiplying this 8-hour range by ibrllocations.html.
the dividend of eight hours divided by the
duration of the intrashift measurement spec- 74.9 Quality assurance.
ified in units of hours. For example, for a
measurement taken at exactly one hour into (a) General requirements. The appli-
the shift, the 8-hour equivalent dust con- cant shall establish and maintain a
centration range would be a one-hour aver- quality control system that assures
age concentration range of: 8 hours/1 hour that CPDM devices produced under the
(0.2 4 mg/m3) = 1.6 32 mg/m3; for a two- applicants certificate of approval meet
hour measurement, the applicable con- the required specifications and are reli-
centration range would be calculated as: 8 able, safe, effective, and otherwise suit-
hours/2 hours (0.2 4 mg/m3) = 0.8 16 mg/
m3; for a 4-hours measurement, the equiva-
able for their intended use. To estab-
lent range would be: 0.4 8 mg/m3; * * * etc. lish and to maintain an approval under
A CPDM must perform accurately, as speci- this part, the applicant shall:
fied, for intrashift measurements within (1) Submit a copy of the most recent
such equivalent concentration ranges. registration under ISO Q90012000,
489
74.10 30 CFR Ch. I (7115 Edition)
American National Standard, Quality NIOSH determines that the deficiency

Management Systems-Requirements, is corrected.
published by ISO:
(i) With the application for approval 74.10 Operating and maintenance in-
structions.
under 74.13 of this part; and
(ii) Upon request by NIOSH, subse- (a) Contents. The manufacturer must
quent to the approval of a CPDM under include operating and storage instruc-
this part. tions and a maintenance and service
(2) Persons must proceed in accord- life plan with each new CPDM device
ance with ISO Q90012000, American sold. These documents must be clearly
National Standard, Quality Manage- written.
ment Systems-Requirements. The Di- (1) Operating and storage instruc-
rector of the Federal Register approves tions must include:
this incorporation by reference in ac- (i) An explanation of how the CPDM
cordance with 5 U.S.C. 552(a) and 1 CFR works;
part 51. Persons may obtain a copy (ii) A schematic diagram of the
from the International Organization CPDM;
for Standardization at the address pro- (iii) Procedures for wearing and use
vided below. of the CPDM;
(iv) A one page quick start guide
International Organization for
that will enable a novice to start and
Standardization, ISO Central Secre-
operate the CPDM.
tariat, 1, ch. de la Voie-Creuse, Case
(v) Procedures for calibration of the
Postale 56, CH1211 GENEVA 20, Swit-
CPDM;
zerland. http://www.standardsinfo.net. (vi) Procedures for inspecting the op-
(3) Persons may inspect a copy at erating condition of the CPDM;
MSHA, Office of Standards, Regula- (vii) Procedures and conditions for
tions, and Variances, 1100 Wilson Bou- storage, including the identification of
levard, Room 2350, Arlington, Virginia any storage conditions that would like-
222093939, (202) 6939440, or at the Na- ly impair the effective functioning of
tional Archives and Records Adminis- the CPDM; and
tration (NARA). For information on (viii) Procedures and conditions of
the availability of this material at use, including identification of any
NARA, call 2027416030, or go to: http:// conditions of use that would likely im-
www.archives.gov/federallregister/ pair the effective functioning of the
codeloflfederallregulations/ CPDM.
ibrllocations.html. (2) The maintenance and service life
(b) Quality management audits. Upon plan must address:
request, applicants or approval holders (i) Conditions that should govern the
must allow NIOSH to inspect the qual- removal from service of the CPDM; and
ity management procedures and (ii) Procedures that a user or others
records, and to interview any employ- should follow when inspecting, per-
ees who may be knowledgeable of qual- forming maintenance and calibration,
ity management processes associated and determining when the CPDM
with the production of the CPDM. Au- should be removed from service.
dits may be conducted either on an oc- (b) Submission to NIOSH for approval.
casional or periodic basis or in re- A copy of the instructions and plan
sponse to quality-related complaints or under paragraph (a) of this section
concerns. shall be submitted to NIOSH with the
(c) Applicant remediation of quality application for approval of the CPDM
management deficiencies. An applicant and if substantive changes are made to
or approval holder must correct any the approved device or approved in-
quality management deficiency identi- structions.
fied by an audit within a reasonable
time as determined by NIOSH. Failure 74.11 Tests of the continuous per-
to correct a deficiency may result in sonal dust monitor.
NIOSH disapproval of a pending appli- (a) Applicant testing. The applicant

cation or, in the case of an approved shall conduct tests to determine
device, revocation of approval until whether a CPDM that is submitted for
490
approval under these regulations meets persons shall be present only as observ-
the requirements specified in 74.774.8 ers.
of this part, with the exception of dura-
bility testing, which shall be conducted 74.13 Applications.
by NIOSH as specified in 74.7(g) of this (a) Testing of a CMDPSU will be per-
part. Applicant testing shall be performed by NIOSH, and testing of the
formed by an independent testing enti-
pump unit of the CMDPSU will be con-
ty approved by NIOSH.
(b) NIOSH testing assistance. NIOSH ducted by MSHA. The applicant must
will provide consultation to the appli- submit a written application in dupli-
cant to identify and secure necessary cate to both NIOSH and MSHA. Each
testing services for meeting the re- copy of the application must be accom-
quirements specified in 74.774.8 of panied by complete scale drawings,
this part. Applicants must submit test- specifications, and a description of ma-
ing protocols to NIOSH prior to testing terials. Ten complete CMDPSUs must
to verify that the testing protocols be submitted to NIOSH with the appli-
adequately address the requirements. cation, and one pump unit must be sub-
(c) Reporting of applicant testing re- mitted to MSHA.
sults. The applicant shall include the (b) Testing of a CPDM will be per-
results from testing specified under formed by the applicant as specified
paragraph (a) of this section when sub- under 74.11. The applicant must sub-
mitting the application under 74.13 of mit a written application in duplicate
this part to NIOSH. to both NIOSH and MSHA. Each copy
(d) Intrinsic safety testing. The appli- of the application must be accom-
cant shall submit the CPDM to MSHA
panied by complete scale drawings,
for testing and evaluation, pursuant to
specifications, a description of mate-
30 CFR 18.68, to determine whether the
rials, and a copy of the testing protocol
electronic components of the CPDM
submitted for approval meet the appli- and test results which were provided by
cable permissibility provisions. an independent testing entity, as speci-
fied in 74.11(a). Three complete CPDM
units must be sent to NIOSH with the
Subpart DGeneral Requirements
application, and one CPDM device
for All Devices must be sent to MSHA.
74.12 Conduct of tests; demonstra- (c) Complete drawings and specifica-
tions. tions accompanying each copy of the
(a) Prior to the issuance of a certifi- application shall be fully detailed to
cate of approval, only personnel of identify the design of the CMDPSU or
MSHA and NIOSH, representatives of pump unit thereof or of the CPDM and
the applicant, and such other persons to disclose the dimensions and mate-
as may be mutually agreed upon may rials of all component parts.
observe the tests conducted. MSHA and
NIOSH shall hold as confidential, and 74.14 Certificate of approval.
shall not disclose, principles of patent- (a) Upon completion of the testing of
able features, nor shall MSHA or a CMDPSU or the pump unit or after
NIOSH disclose any details of the ap- review of testing protocols and testing
plicants drawings or specifications or results for the CPDM, NIOSH or
other related material. MSHA, as appropriate, shall issue to
(b) After the issuance of a certificate
the applicant either a certificate of ap-
of approval, MSHA or NIOSH will con-
proval or a written notice of dis-
duct such public demonstrations and
approval. NIOSH will not issue a cer-
tests of the approved device as MSHA
or NIOSH deem appropriate, and may tificate of approval unless MSHA has
reveal the protocols and results of test- first issued a certificate of approval for
ing considered for the approval of the either the pump unit of a CMDPSU or
device. The conduct of any additional for the CPDM. If a certificate of ap-
proval is issued, no test data or de-
investigations, tests, and demonstra-

tions shall be under the sole direction tailed results of tests will accompany
of MSHA and NIOSH and any other
491
74.15 30 CFR Ch. I (7115 Edition)
such approval. If a notice of dis- as appropriate, that conform to the

approval is issued, it will be accom- drawings and specifications upon which
panied by details of the defects, result- the certificate of approval we based.
ing in disapproval, with a view to pos-
sible correction. 74.16 Material required for record.
(b) A certificate of approval will be (a) As part of the permanent record
accompanied by a list of the drawings of the approval application process,
and specifications covering the details
NIOSH will retain a complete CMDPSU
of design and construction of the
or CPDM, as appropriate, and MSHA
CMDPSU and the pump unit, or of the
CPDM, as appropriate, upon which the will retain a CMDPSU or CPDM, as ap-
certificate of approval is based. The appropriate, that has been tested and cer-
plicant shall keep exact duplicates of tified. Material not required for record
the drawings and specifications sub- purposes will be returned to the appli-
mitted to NIOSH and to MSHA relating cant at the applicants request and ex-
to the CMDPSU, the pump unit there- pense upon receipt of written shipping
of, or the CPDM, which has received a instructions by MSHA or NIOSH.
certificate of approval. The approved (b) As soon as a CMDPSU or CPDM,
drawings and specifications shall be ad- as appropriate, is commercially avail-
hered to exactly in the production of able, the applicant shall deliver a com-
the certified CMDPSU, including the plete sampling device free of charge to
pump unit or of the CPDM, for com- NIOSH at the address specified on the
mercial purposes. In addition, the ap- NIOSH Web page: http://www.cdc.gov/
plicant shall observe such procedures niosh/mining.
for, and keep such records of, the con-
trol of component parts as either 74.17 Changes after certification.
MSHA or NIOSH may in writing re-
(a) If the applicant desires to change
quire as a condition of approval.
any feature of a certified CMDPSU or a
74.15 Approval labels. certified CPDM, the applicant shall
(a) Certificate of approval will be ac- first obtain the approval of NIOSH pur-
companied by photographs of designs suant to the following procedures:
for the approval labels to be affixed to (1) Application shall be made as for
each CMDPSU or CPDM, as appro- an original certificate of approval, re-
priate. questing that the existing certification
(b) The labels showing approval by be extended to encompass the proposed
NIOSH and by MSHA shall contain change. The application shall be ac-
such information as MSHA or NIOSH companied by drawings, specifications,
may require and shall be reproduced and related material.
legibly on the outside of a CMDPSU or (2) The application and accom-
CPDM, as appropriate, as directed by panying material will be examined by
NIOSH or MSHA. NIOSH to determine whether testing of
(c) The applicant shall submit full- the modified CMDPSU or CPDM or
scale designs or reproductions of ap- components will be required. Testing
proval labels and a sketch or descrip- will be necessary if there is a possi-
tion of the position of the labels on bility that the modification may ad-
each sampling device. versely affect the performance of the
(d) Use of the approval labels obli- CMDPSU or CPDM. NIOSH will inform
gates the applicant to whom the cer-
the applicant whether such testing is
tificate of approval was issued to main-
required.
tain the quality of the complete
CMDPSU or CPDM, as appropriate, and (3) If the proposed modification
to guarantee that the complete meets the pertinent requirements of
CMDPSU or CPDM, as appropriate, is these regulations, a formal extension
manufactured or assembled according of certification will be issued, accom-
to the drawings and specifications upon panied by a list of new and revised
drawings and specifications to be added
which the certificate of approval was

based. Use of the approval labels is au- to those already on file as the basis for
thorized only on CMDPSUs or CPDMs, the extension of certification.
492
(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.
75.220 Roof control plan.
proval of MSHA with respect to intrin- 75.221 Roof control plan information.
sic safety shall be obtained in accord- 75.222 Roof control planapproval criteria.
ance with the procedures set forth in 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.
75.312 Main mine fan examinations and
PART 75MANDATORY SAFETY records.
STANDARDSUNDERGROUND 75.313 Main mine fan stoppage with persons
COAL MINES underground.
75.320 Air quality detectors and measure-
ment devices.
Subpart AGeneral 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,
75.155 Qualified hoisting engineer; qualifica- and installation.
tions. 75.336 Sampling and monitoring require-
75.156 AMS operator, qualifications. ments.
75.159 Records of certified and qualified per- 75.337 Construction and repair of seals.
sons. 75.338 Training.
75.160 Training programs. 75.339 Seals records.
75.161 Plans for training programs. 75.340 Underground electrical installations.
75.341 Direct-fired intake air heaters.
Subpart CRoof Support 75.342 Methane monitors.
75.343 Underground shops.
75.200 Scope. 75.344 Compressors.
75.201 Definitions. 75.350 Belt air course ventilation.
75.202 Protection from falls of roof, face and 75.351 Atmospheric monitoring systems.
ribs. 75.352 Actions in response to AMS malfunc-
75.203 Mining methods. tion, alert, or alarm signals.
75.204 Roof bolting. 75.360 Preshift examination at fixed inter-
75.205 Installation of roof support using vals.
mining machines with integral roof bolt- 75.361 Supplemental examination.
ers. 75.362 On-shift examination.
75.206 Conventional roof support. 75.363 Hazardous conditions and violations
75.207 Pillar recovery. of mandatory health or safety standards;
75.208 Warning devices. posting, correcting, and recording.
75.209 Automated Temporary Roof Support 75.364 Weekly examination.
(ATRS) systems. 75.370 Mine ventilation plan; submission
75.210 Manual installation of temporary and approval.
support. 75.371 Mine ventilation plan; contents.
75.211 Roof testing and scaling. 75.372 Mine ventilation map.
75.212 Rehabilitation of areas with unsup- 75.373 Reopening mines.

ported roof. 75.380 Escapeways; bituminous and lignite
75.213 Roof support removal. mines.
493
75.381 Escapeways; anthracite mines. 75.511 Low-, medium-, or high-voltage dis-
75.382 Mechanical escape facilities. tribution circuits and equipment; repair.
75.384 Longwall and shortwall travelways. 75.5111 Qualified person.
75.385 Opening new mines. 75.512 Electric equipment; examination,
75.386 Final mining of pillars. testing and maintenance.
75.388 Boreholes in advance of mining. 75.5121 Qualified person.
75.389 Mining into inaccessible areas. 75.5122 Frequency of examinations.
75.513 Electric conductor; capacity and in-
Subpart ECombustible Materials and sulation.
Rock Dusting 75.5131 Electric conductor; size.
75.514 Electrical connections or splices;
75.400 Accumulation of combustible mate- suitability.
rials. 75.515 Cable fittings; suitability.
75.4001 Definitions. 75.516 Power wires; support.
75.4002 Cleanup program. 75.5161 Installed insulators.
75.401 Abatement of dust; water or water 75.5162 Communication wires and cables;
with a wetting agent. installation; insulation; support.
75.4011 Excessive amounts of dust. 75.517 Power wires and cables; insulation
75.402 Rock dusting. and protection.
75.4021 Definition. 75.5171 Power wires and cables; insulation
75.4022 Exceptions. and protection.
75.403 Maintenance of incombustible con- 75.5172 Plans for insulation of existing bare
tent of rock dust. power wires and cables.
75.4031 Incombustible content. 75.518 Electric equipment and circuits; over-
75.404 Exemption of anthracite mines. load and short circuit protection.
75.5181 Electric equipment and circuits;
Subpart FElectrical EquipmentGeneral overload and short circuit protection;
minimum requirements.
75.500 Permissible electric equipment.
75.5182 Incandescent lamps; overload and
75.5001 Other low horsepower electric face
short circuit protection.
equipment.
75.519 Main power circuits; disconnecting
75.501 Permissible electric face equipment;
switches.
coal seams above water table.
75.5011 Coal seams above the water table. 75.5191 Main power circuits; disconnecting
75.5012 Permissible electric face equip- switches; locations.
ment. 75.520 Electric equipment; switches.
75.5013 New openings; mines above water 75.521 Lightning arresters; ungrounded and
table and never classed gassy. exposed power conductors and telephone
75.502 Permits for noncompliance. wires.
75.503 Permissible electric face equipment; 75.522 Lighting devices.
maintenance. 75.5221 Incandescent and fluorescent
75.5031 Statement listing all electric face lamps.
equipment. 75.523 Electric face equipment;
75.504 Permissibility of new, replacement, deenergization.
used, reconditioned, additional, and re- 75.5231 Deenergization of self-propelled
built electric face equipment. electric face equipment installation re-
75.505 Mines classed gassy; use and mainte- quirements.
nance of permissible electric face equip- 75.5232 Deenergization of self-propelled
ment. electric face equipment; performance re-
75.506 Electric face equipment; require- quirements.
ments for permissibility. 75.5233 Automatic emergency-parking
75.5061 Electric face equipment; permis- brakes.
sible condition; maintenance require- 75.524 Electric face equipment; electric
ments. equipment used in return air outby the
75.507 Power connection points. last open crosscut; maximum level of al-
75.5071 Electric equipment other than ternating or direct electric current be-
power-connection points; outby the last tween frames of equipment.
open crosscut; return air; permissibility APPENDIX A TO SUBPART F OF PART 75LIST
requirements. OF PERMISSABLE ELECTRIC FARE EQUIP-
75.508 Map of electrical system. MENT APPROVED BY THE BUREAU OF MINES
75.5081 Mine tracks. PRIOR TO MAY 23, 1936
75.5082 Changes in electric system map; re-
cording. Subpart GTrailing Cables
75.509 Electric power circuit and electric
equipment; deenergization. 75.600 Trailing cables; flame resistance.
75.510 Energized trolley wires; repair. 75.6001 Approved cables; flame resistance.
75.5101 Repair of energized trolley wires; 75.601 Short circuit protection of trailing
training. cables.
494
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.
Subpart HGrounding Subpart IUnderground High-Voltage

Distribution
75.700 Grounding metallic sheaths, armors
and conduits enclosing power conductors. 75.800 High-voltage circuits; circuit break-
75.7001 Approved methods of grounding. ers.
75.701 Grounding metallic frames, casings 75.8001 Circuit breakers; location.
and other enclosures of electric equip- 75.8002 Approved circuit schemes.
ment. 75.8003 Testing, examination and mainte-
75.7011 Approved methods of grounding of nance of circuit breakers; procedures.
equipment receiving power from 75.8004 Testing, examination, and mainte-
ungrounded alternating current power nance of circuit breakers; record.
systems. 75.801 Grounding resistors.
75.7012 Approved method of grounding me- 75.802 Protection of high-voltage circuits
tallic frames, casings and other enclo- extending underground.
sures receiving power from single-phase 75.803 Fail safe ground check circuits on
110220-volt circuit. high-voltage resistance grounded sys-
75.7013 Approved methods of grounding me- tems.
tallic frames, casings and other enclo- 75.8031 Maximum voltage ground check cir-
sures of electric equipment receiving cuits.
power from direct current power systems 75.8032 Ground check systems not employ-
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.
75.702 Protection other than grounding. 75.805 Couplers.
75.7021 Protection other than grounding; 75.806 Connection of single-phase loads.
approved by an authorized representative 75.807 Installation of high-voltage trans-
of the Secretary. mission cables.
75.703 Grounding offtrack direct-current 75.808 Disconnecting devices.
machines and enclosures of related de- 75.809 Identification of circuit breakers and
tached components. disconnecting switches.
75.7031 Approved method of grounding. 75.810 High-voltage trailing cables; splices.
75.7032 Approved grounding mediums. 75.811 High-voltage underground equipment;
75.7033 Approved methods of grounding off- grounding.
track mobile, portable and stationary di- 75.812 Movement of high-voltage power cen-
rect-current machines. ters and portable transformers; permit.
75.7034 Other methods of protecting off- 75.8121 Qualified person.
track direct-current equipment; ap- 75.8122 High-voltage power centers and
proved by an authorized representative transformers; record of examination.
of the Secretary.
HIGH-VOLTAGE LONGWALLS
75.704 Grounding frames of stationary high-
voltage equipment receiving power from 75.813 High-voltage longwalls; scope.
ungrounded delta systems. 75.814 Electrical protection.
75.7041 Approved methods of grounding. 75.815 Disconnect devices.
75.705 Work on high-voltage lines; deener- 75.816 Guarding of cables.
gizing and grounding. 75.817 Cable handling and support systems.
75.7051 Work on high-voltage lines. 75.818 Use of insulated cable handling equip-
75.7052 Repairs to energized surface high- ment.
voltage lines. 75.819 Motor-starter enclosures; barriers
75.7053 Work on energized high-voltage sur- and interlocks.

face lines; reporting. 75.820 Electrical work; troubleshooting and
75.7054 Simultaneous repairs. testing.
495
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 I OF PART 75DIA- 75.11003 Condition and examination of fire-
GRAMS OF 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.
75.901 Protection of low- and medium-volt- 75.11019 Back-up water system.
age three-phase circuits used under- 75.110110 Water sprinkler systems; fire
ground. warning devices at belt drives.
75.902 Low- and medium-voltage ground 75.110111 Inspection of water sprinkler sys-
check monitor circuits. tems.
75.9021 Maximum voltage ground check cir- 75.110112 Equivalent dry-pipe system.
cuits. 75.110113 Dry powder chemical systems;
75.9022 Approved ground check systems not general.
employing pilot check wires. 75.110114 Installation of dry powder chem-
75.9024 Attachment of ground conductors ical systems.
and ground check wires to equipment 75.110115 Construction of dry powder chem-
frames; use of separate connections. ical systems.
75.903 Disconnecting devices. 75.110116 Dry powder chemical systems;
75.904 Identification of circuit breakers. sensing and fire suppression devices.
75.905 Connection of single-phase loads. 75.110117 Sealing of dry powder chemical
75.906 Trailing cables for mobile equipment, systems.
ground wires and ground check wires. 75.110118 Dry powder requirements.
75.907 Design of trailing cables for medium- 75.110119 Nozzles; flow rate and direction.
voltage circuits. 75.110120 Safeguards for dry powder chem-
APPENDIX A TO SUBPART J OF PART 75 ical systems.
75.110121 Back-up water system.
Subpart KTrolley Wires and Trolley Feeder 75.110122 Inspection of dry powder chemical
Wires systems.
75.1102 Slippage and sequence switches.
75.1000 Cutout switches. 75.1103 Automatic fire warning devices.
75.1001 Overcurrent protection. 75.11031 Automatic fire sensors.
75.10011 Devices for overcurrent protection; 75.11032 Automatic fire sensors; approved
testing and calibration requirements; components; installation requirements.
records. 75.11033 Automatic fire sensor and warning

75.1002 Installation of electric equipment device systems; minimum requirements;
and conductors; permissibility. general.
496
75.11034 Automatic fire sensor and warning 75.11077 Water spray devices; capacity;
device systems; installation; minimum water supply; minimum requirements.
requirements. 75.11078 Fire suppression devices;
75.11035 Automatic fire warning devices; extinguishant supply systems.
actions and response. 75.11079 Dry chemical devices; capacity;
75.11036 Automatic fire sensors; actuation minimum requirements.
of fire suppression systems. 75.110710 High expansion foam devices;
75.11037 Electrical components; permissi- minimum capacity.
bility requirements. 75.110711 Extinguishing agents; require-
75.11038 Automatic fire sensor and warning ments on mining equipment employed in
device systems; examination and test re- low coal.
quirements. 75.110712 Inerting of mine atmosphere pro-
75.11039 Minimum requirements; fire sup- hibited.
pression materials and location; mainte- 75.110713 Approval of other fire suppression
nance of entries and crosscuts; access devices.
doors; communications; fire crews: high- 75.110714 Guards and handrails; require-
expansion foam devices. ments where fire suppression devices are
75.110310 Fire suppression systems; addi- employed.
tional requirements. 75.110715 Fire suppression devices; hazards;
75.110311 Tests of fire hydrants and fire training of miners.
hose; record of tests. 75.110716 Inspection of fire suppression de-
75.1104 Underground storage, lubricating oil vices.
and grease. 75.110717 Incorporation by reference; avail-
75.1106 Welding, cutting, or soldering with ability of publications.
arc or flame underground. 75.1108 Approved conveyor belts.
75.11061 Test for methane.
Subpart MMaps
TRANSPORTATION, HANDLING AND STORAGE OF
LIQUEFIED AND NONLIQUEFIED COMPRESSED 75.1200 Mine map.
GAS CYLINDERS 75.12001 Additional information on mine
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.
75.11064 Use of liquefied and nonliquefied
75.1203 Availability of mine map.
compressed gas cylinders; general re-
75.1204 Mine closure; filing of map with Sec-
quirements.
retary.
75.11065 Maintenance and tests of liquefied
75.12041 Places to give notice and file
and nonliquefied compressed gas cyl-
maps.
inders; accessories and equipment; re-
quirements.
Subpart NExplosives and Blasting
75.11066 Exemption of small low pressure
gas cylinders containing nonflammable 75.1300 Definitions.
or nonexplosive gas mixtures. 75.1301 Qualified person.
75.1310 Explosives and blasting equipment.
FIRE SUPPRESSION DEVICES AND FIRE-RESIST-
75.1311 Transporting explosives and deto-
ANT HYDRAULIC FLUIDS ON UNDERGROUND
nators.
EQUIPMENT
75.1312 Explosives and detonators in under-
75.1107 Fire suppression devices. ground magazines.
75.11071 Fire-resistant hydraulic fluids and 75.1313 Explosives and detonators outside of
fire suppression devices on underground magazines.
equipment. 75.1314 Sheathed explosive units.
75.11072 Approved fire-resistant hydraulic 75.1315 Boreholes for explosives.
fluids; minimum requirements. 75.1316 Preparation before blasting.
75.11073 Fire suppression devices; approved 75.1317 Primer cartridges.
components; installation requirements. 75.1318 Loading boreholes.
75.11074 Automatic fire sensors and manual 75.1319 Weight of explosives permitted in
actuators; installation; minimum re- boreholes in bituminous and lignite
quirements. mines.
75.11075 Electrical components of fire sup- 75.1320 Multiple-shot blasting.
pression devices; permissibility require- 75.1321 Permit for firing more than 20
ments. boreholes and to use nonpermissible

75.11076 Capacity of fire suppression de- blasting units.
vices; location and direction of nozzles. 75.1322 Stemming boreholes.
497
75.1323 Blasting circuits. 75.1504 Mine emergency evacuation training
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.
75.1400 Hoisting equipment; general. Subpart QCommunications
75.14001 Hoists; brakes, capability.
75.14002 Hoists; tests of safety catches; 75.1600 Communications.
records. 75.16001 Communication facilities; main
75.14003 Daily examination of hoisting portals; installation requirements.
equipment. 75.16002 Communication facilities; working
75.14004 Certifications and records of daily sections; installation and maintenance
examinations. requirements; audible or visual alarms.
75.1401 Hoists; rated capacities; indicators. 75.16003 Communications facilities; refuge
75.14011 Hoists; indicators. alternatives.
75.1402 Communication between shaft sta-
tions and hoist room. Subpart RMiscellaneous
75.14021 Communication between shaft sta-
tions and hoist room. 75.1700 Oil and gas wells.
75.14022 Tests of signaling systems. 75.1702 Smoking; prohibition.
75.1403 Other safeguards. 75.17021 Smoking programs.
75.14031 General criteria. 75.1703 Portable electric lamps.
75.14032 CriteriaHoists transporting ma- 75.17031 Permissible lamps.
terials; brakes. 75.17071 New working section.
75.14033 CriteriaDrum clutch; cage con- 75.1708 Surface structures, fireproofing.
struction. 75.17081 Surface structures; fireproof con-
75.14034 CriteriaAutomatic elevators. struction.
75.14035 CriteriaBelt conveyors. 75.1709 Accumulations of methane and coal
75.14036 CriteriaSelf-propelled personnel dust on surface coal-handling facilities.
carriers. 75.1710 Canopies or cabs; diesel-powered and
75.14037 CriteriaMantrips. electric face equipment.
75.14038 CriteriaTrack haulage roads. 75.17101 Canopies or cabs; self-propelled
75.14039 CriteriaShelter holes. diesel-powered and electric face equip-
75.140310 CriteriaHaulage; general. ment; installation requirements.
75.140311 CriteriaEntrances to shafts and 75.1711 Sealing of mines.
slopes. 75.17111 Sealing of shaft openings.
75.1404 Automatic brakes; speed reduction 75.17112 Sealing of slope or drift openings.
gear. 75.17113 Openings of active mines.
75.14041 Braking system. 75.1712 Bath houses and toilet facilities.
75.1405 Automatic couplers. 75.17121 Availability of surface bathing fa-
75.14051 Automatic couplers, haulage cilities; change rooms; and sanitary fa-
equipment. cilities.
75.17122 Location of surface facilities.
WIRE ROPES 75.17123 Minimum requirements of surface
75.1429 Guide ropes. bathing facilities, change rooms, and
75.1430 Wire ropes; scope. sanitary toilet facilities.
75.1431 Minimum rope strength. 75.17124 Waiver of surface facilities re-
75.1432 Initial measurement. quirements.
75.1433 Examinations. 75.17125 Application for waiver of surface
75.1434 Retirement criteria. facilities.
75.1435 Load end attachments. 75.17126 Underground sanitary facilities;
75.1436 Drum end attachment. installation and maintenance.
75.1437 End attachment retermination. 75.17127 Underground sanitary facilities;
75.1438 End attachment replacement. waiver of requirements.
75.17128 Application for waiver of location
Subpart PMine Emergencies requirements for underground sanitary
facilities.
75.1500 [Reserved] 75.17129 Issuance of waivers.
75.1501 Emergency evacuations. 75.171210 Underground sanitary facilities;
75.1502 Mine emergency evacuation and fire- maintenance.

fighting program of instruction. 75.1713 Emergency medical assistance; first-
75.1503 Use of fire suppression equipment. aid.
498
75.17131 Arrangements for emergency med- 75.1726 Performing work from a raised posi-
ical assistance and transportation for in- tion; safeguards.
jured persons; agreements; reporting re- 75.1727 Drive belts.
quirements; posting requirements. 75.1728 Power-driven pulleys.
75.17132 Emergency communications; re- 75.1729 Welding operations.
quirements. 75.1730 Compressed air; general; compressed
75.17133 First-Aid training; supervisory air systems.
employees. 75.1731 Maintenance of belt conveyors and
75.17134 First-aid training program; avail- belt conveyor entries.
ability of instruction to all miners. 75.1732 Proximity detection systems.
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. 75.1905 Dispensing of diesel fuel.
75.17144 Additional self-contained self-res- 75.19051 Diesel fuel piping systems.
cuers (SCSRs). 75.1906 Transport of diesel fuel.
75.17145 Map locations of self-contained 75.1907 Diesel-powered equipment intended
self-rescuers (SCSR). for use in underground coal mines.
75.17146 Emergency tethers. 75.1908 Nonpermissible diesel-powered
75.17147 Multi-gas detectors. equipment; categories.
75.17148 Reporting SCSR inventory and 75.1909 Nonpermissible diesel-powered
malfunctions; retention of SCSRs. equipment; design and performance re-
75.1715 Identification check system. quirements.
75.1716 Operations under water. 75.1910 Nonpermissible diesel-powered
75.17161 Operations under water; notifica- equipment; electrical system design and
tion by operator. performance requirements.
75.17162 Permit required. 75.1911 Fire suppression systems for diesel-
75.17163 Applications for permits. powered equipment and diesel fuel trans-
75.17164 Issuance of permits. portation units.
75.1717 Exemptions. 75.1912 Fire suppression systems for perma-
75.1718 Drinking water. nent underground diesel fuel storage fa-
75.17181 Drinking water; quality. cilities.
75.1719 Illumination; purpose and scope of 75.1913 Starting aids.
75.1719 through 75.17194; time for com- 75.1914 Maintenance of diesel-powered
pliance. equipment.
75.17191 Illumination in working places. 75.1915 Training and qualification of persons
75.17192 Lighting fixtures; requirements. working on diesel-powered equipment.
75.17193 Methods of measurement; light 75.1916 Operation of diesel-powered equip-
measuring instruments. ment.
75.17194 Mining machines, cap lamps; re-
quirements. AUTHORITY: 30 U.S.C. 811, 813(h), 957.
75.1720 Protective clothing; requirements. SOURCE: 35 FR 17890, Nov. 20, 1970, unless
75.17201 Distinctively colored hard hats, or otherwise noted.
hard caps; identification for newly em-
ployed, inexperienced miners. EDITORIAL NOTE: The provisions of this
75.1721 Opening of new underground coal part marked [Statutory Provision] appear in
mines, or reopening and reactivating of Title III of the Federal Coal Mine Health and
abandoned or deactivated coal mines; no- Safety Act of 1969.
tification by the operator; requirements.
75.1722 Mechanical equipment guards. Subpart AGeneral
75.1723 Stationary grinding machines; pro-
tective devices. 75.1 Scope.
75.1724 Hand-held power tools; safety de-
vices. This part 75 sets forth safety stand-

75.1725 Machinery and equipment; operation ards compliance with which is manda-
and maintenance. tory in each underground coal mine
499
subject to the Federal Mine Safety and from underground mines and which
Health Act of 1977. Some standards also provides at least 1 hour of protection
are applicable to surface operations. against carbon monoxide.
Regulations and criteria supple- Ground fault or grounded phase. An
mentary to these standards also are set unintentional connection between an
forth in this part. 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.
Adequate interrupting capacity. The assigned to a circuit or system for des-
ability of an electrical protective de- ignation of its voltage class, such as
vice, based upon its required and in- 480 or 4,160 volts. Actual voltage at
tended application, to safely interrupt which the circuit or system operates
values of current in excess of its trip may vary from the nominal voltage
setting or melting point. within a range that permits satisfac-
Anthracite. Coals with a volatile ratio tory operation of equipment.
equal to 0.12 or less. The volatile ratio Permissible. (1) As applied to electric
is the volatile matter content divided face equipment, all electrically oper-
by the volatile matter plus the fixed ated equipment taken into or used inby
carbon. the last open crosscut of an entry or a
Approval documentation. Formal pa- room of any coal mine the electrical
pers issued by the Mine Safety and parts of which, including, but not lim-
Health Administration which describe ited to, associated electrical equip-
and illustrate the complete assembly ment, components, and accessories, are
of electrical machinery or accessories designed, constructed, and installed, in
which have met the applicable require- accordance with the specifications of
ments of 30 CFR part 18. the Secretary, to assure that such
Certified or registered. As applied to equipment will not cause a mine explo-
any person, a person certified or reg- sion or mine fire, and the other fea-
istered by the State in which the coal tures of which are designed and con-
mine is located to perform duties pre-
structed, in accordance with the speci-
scribed by this part 75, except that in a
fications of the Secretary, to prevent,
State where no program of certifi-
to the greatest extent possible, other
cation or registration is provided or
accidents in the use of such equipment.
where the program does not meet at
least minimum Federal standards es- The regulations of the Secretary or the
tablished by the Secretary, such cer- Director of the Bureau of Mines in ef-
tification or registration shall be by fect on March 30, 1970, relating to the
the Secretary. requirements for investigation, testing,
Circuit-interrupting device. A device approval, certification, and acceptance
designed to open and close a circuit by of such equipment as permissible shall
nonautomatic means and to open the continue in effect until modified or su-
circuit automatically at a predeter- perseded by the Secretary, except that
mined overcurrent value without dam- the Secretary shall provide procedures,
age to the device when operated within including, where feasible, testing, ap-
its rating. proval, certification, and acceptance in
Coal mine. Includes areas of adjoining the field by an authorized representa-
mines connected underground. tive of the Secretary, to facilitate com-
Filter Self-Rescuer (FSR). A type of gas pliance by an operator with the re-
mask approved by MSHA and NIOSH quirements of 75.500 within the peri-
under 42 CFR part 84 for escape only ods prescribed in 75.500.
500
(2) As applied to equipment other Secretary. The Secretary of Labor or

than permissible electric face equip- the Secretarys delegate.
ment: (i) Equipment used in the oper- Self-Contained Self-Rescuer (SCSR). A
ation of a coal mine to which an ap- type of closed-circuit, self-contained
proval plate, label, or other device is breathing apparatus approved by
attached as authorized by the Sec- MSHA and NIOSH under 42 CFR part 84
retary and which meets specifications for escape only from underground
which are prescribed by the Secretary mines.
for the construction and maintenance Short circuit. An abnormal connection
of such equipment and are designed to of relatively low impedance, whether
assure that such equipment will not made accidentally or intentionally, be-
cause a mine explosion or a mine fire. tween two points of different potential.
(ii) The manner of use of equipment Working face. Any place in a coal
means the manner of use prescribed by mine in which work of extracting coal
the Secretary. from its natural deposit in the earth is
Qualified person. As the context re- performed during the mining cycle.
quires: Working place. The area of a coal
(1) An individual deemed qualified by mine inby the last open crosscut.
the Secretary and designated by the Working section. All areas of the coal
operator to make tests and examina- mine from the loading point of the sec-
tions required by this part 75; and tion to and including the working
(2) An individual deemed, in accord- faces.
ance with minimum requirements to be [57 FR 20913, May 15, 1992, as amended at 60
established by the Secretary, qualified FR 30401, June 8, 1995; 67 FR 11001, Mar. 11,
by training, education, and experience, 2002]
to perform electrical work, to main-
tain electrical equipment, and to con- Subpart BQualified and Certified
duct examinations and tests of all elec- Persons
trical equipment.
Respirable dust. Dust collected with a 75.100 Certified person.
sampling device approved by the Sec- (a) The provisions of Subpart D
retary and the Secretary of Health and Ventilation of this part 75 require that
Human Services in accordance with certain examinations and tests be
part 74Coal Mine Dust Personal Sam- made by a certified person. A certified
pler Units of this title. Sampling de- person within the meaning of those
vice approvals issued by the Secretary provisions is a person who has been
of the Interior and Secretary of Health, certified as a mine foreman (mine man-
Education, and Welfare are continued ager), an assistant mine foreman (sec-
in effect. tion foreman), or a preshift examiner
Rock dust. Pulverized limestone, do- (mine examiner). A person who has
lomite, gypsum, anhydrite, shale, been so certified is also a qualified per-
adobe, or other inert material, pref- son within the meaning of those provi-
erably light colored, 100 percent of sions of subpart D of this part which
which will pass through a sieve having require that certain tests be made by a
20 meshes per linear inch and 70 per- qualified person and within the mean-
cent or more of which will pass ing of 75.1106.
through a sieve having 200 meshes per (b) A person who is certified as a
linear inch; the particles of which when mine foreman, an assistant mine fore-
wetted and dried will not cohere to man, or a preshift examiner by the
form a cake which will not be dispersed State in which the coal mine is located
into separate particles by a light blast is, to the extent of the States certifi-
of air; and which does not contain more cation, a certified person within the
than 5 percent combustible matter or meaning of the provisions of subpart D
more than a total of 4 percent free and of this part and 75.1106 referred to in
combined silica (SiO2), or, where the paragraph (a) of this section.
Secretary finds that such silica con- (c)(1) The Secretary may certify per-
centrations are not available, which sons in the categories of mine foreman,
does not contain more than 5 percent assistant mine foreman, and preshift
of free and combined silica. examiner whenever the State in which
501
75.150 30 CFR Ch. I (7115 Edition)
persons are presently employed in (2) The Secretary may qualify per-
these categories does not provide for sons for this purpose in a coal mine in
such certification. A persons initial which persons are not qualified for this
certification by MSHA is valid for as purpose by the State upon an applica-
long as the person continues to satisfy tion and a satisfactory showing by the
the requirements necessary to obtain operator of the coal mine that each
the certification and is employed at such person has been trained and des-
the same coal mine or by the same ignated by the operator to test for
independent contractor. The mine op- methane and oxygen deficiency and has
erator or independent contractor shall made such tests for a period of 6
make an application which satisfac- months immediately preceding the ap-
torily shows that each such person has plication. Applications for Secretarial
had at least 2 years underground expe- qualification should be submitted to
rience in a coal mine, and has held the the Health and Safety Activity, Mine
position of mine foreman, assistant Safety and Health Administration, Cer-
mine foreman, or preshift examiner for tification and Qualification Center,
a period of 6 months immediately pre- P.O. Box 25367, Denver Federal Center,
ceding the filing of the application, and Denver, Colo. 80225.
is qualified to test for methane and for [35 FR 17890, Nov. 20, 1970, as amended at 43
oxygen deficiency. Applications for FR 12320, Mar. 24, 1978]
Secretarial certification should be sub-
mitted in writing to the Health and 75.151 Tests for methane; qualified
person; additional requirement.
Safety Activity, Mine Safety and
Health Administration, Certification Notwithstanding the provisions of
and Qualification Center, P.O. Box 75.150, on and after January 1, 1971, no
25367, Denver Federal Center, Denver, person shall be a qualified person for
Colorado 80225. testing for methane unless he dem-
(2) A person certified by the Sec- onstrates to the satisfaction of an au-
retary under this paragraph will be a thorized representative of the Sec-
certified person, within the meaning of retary that he is qualified to test for
the provisions for subpart D of this methane with a portable methane de-
part and 75.1106 referred to in para- tector approved by the Bureau of Mines
graph (a) of this section, as long as or the Mine Safety and Health Admin-
that person continues to satisfy the re- istration under part 22 of this chapter
quirements for qualification or certifi- (Bureau of Mines Schedule 8C).
cation and is employed at the same
75.152 Tests of air flow; qualified per-
coal mine or by the same independent son.
contractor.
A person is a qualified person within
[35 FR 17890, Nov. 20, 1970, as amended at 43 the meaning of the provisions of Sub-
FR 12320, Mar. 24, 1978; 54 FR 30514, July 20, part DVentilation of this part requir-
1989]
ing that tests of air flow be made by a
75.150 Tests for methane and for oxy- qualified person only if he is a certified
gen deficiency; qualified person. person under 75.100 or a person trained
and designated by a certified person to
(a) The provisions of Subpart D perform such tests.
Ventilation of this part and 75.1106 re-
quire that tests for methane and for 75.153 Electrical work; qualified per-
oxygen deficiency be made by a quali- son.
fied person. A person is a qualified per- (a) Except as provided in paragraph
son for this purpose if he is a certified (f) of this section, an individual is a
person under 75.100. qualified person within the meaning of
(b) Pending issuance of Federal 75.511 and 75.512 to perform electrical
standards, a person will be considered a work (other than work on energized
qualified person for testing for meth- surface high-voltage lines) if:
ane and for oxygen deficiency: (1) He has been qualified as a coal
(1) If he has been qualified for this mine electrician by a State that has a
purpose by the State in which the coal coal mine electrical qualification pro-
mine is located; or gram approved by the Secretary; or,
502
(2) He has at least 1 year of experi- than 5 percentage points for such prac-
ence in performing electrical work un- tical experience.
derground in a coal mine, in the sur- (e) An individual may, within 30 days
face work areas of an underground coal from the date on which he received no-
mine, in a surface coal mine, in a tification from the Administration of
noncoal mine, in the mine equipment his test scores, repeat those on which
manufacturing industry, or in any he received an unsatisfactory score. If
other industry using or manufacturing further retesting is necessary after this
similar equipment, and has satisfac- initial repetition, a minimum of 30
torily completed a coal mine electrical days from the date of receipt of notifi-
training program approved by the Sec- cation of the initial retest scores shall
retary; or, elapse prior to such further retesting.
(3) He has at least 1 year of experi- (f) An individual who has, prior to
ence, prior to the date of the applica- November 1, 1972, been qualified to per-
tion required by paragraph (c) of this form electrical work specified in
section, in performing electrical work 75.511 and 75.512 (other than work on
underground in a coal mine, in the sur- energized surface high-voltage lines)
face work areas of an underground coal shall continue to be qualified until
mine, in a surface coal mine, in a June 30, 1973. To remain qualified after
noncoal mine, in the mine equipment June 30, 1973, such individual shall
manufacturing industry, or in any meet the requirements of either para-
other industry using or manufacturing graph (a) (1), (2), or (3) of this section.
similar equipment, and he attains a (g) An individual qualified in accord-
satisfactory grade on each of the series ance with this section shall, in order to
of five written tests approved by the retain qualification, certify annually
Secretary and prescribed in paragraph to the District Manager, that he has
(b) of this section. satisfactorily completed a coal mine
(b) The series of five written tests ap- electrical retraining program approved
proved by the Secretary shall include by the Secretary.
the following categories: [37 FR 22376, Oct. 19, 1972, as amended at 44
(1) Direct current theory and applica- FR 9380, Feb. 13, 1979; 47 FR 23641, May 28,
tion; 1982]
(2) Alternating current theory and
application; 75.154 Repair of energized surface
(3) Electric equipment and circuits; high voltage lines; qualified person.
(4) Permissibility of electric equip- An individual is a qualified person
ment; and, within the meaning of 75.705 for the
(5) Requirements of subparts F purpose of repairing energized surface
through K of this part 75. high voltage lines only if he has had at
(c) In order to take the series of five least 2 years experience in electrical
written tests approved by the Sec- maintenance, and at least 2 years expe-
retary, an individual shall apply to the rience in the repair of energized high
District Manager and shall certify that voltage surface lines located on poles
he meets the requirements of para- or structures.
graph (a)(3) of this section. The tests
will be administered in the Coal Mine 75.155 Qualified hoisting engineer;
Safety and Health Districts at regular qualifications.
intervals, or as demand requires. (a)(1) A person is a qualified hoisting
(d) A score of at least 80 percent of engineer within the provisions of sub-
each of the five written tests will be part O of this part, for the purpose of
deemed to be a satisfactory grade. Rec- operating a steam-driven hoist in a
ognition shall be given to practical ex- coal mine, if he has at least 1 year ex-
perience in that 1 percentage point perience as an engineer in a steam-
shall be added to an individuals score driven hoisting plant and is qualified
in each test for each additional year of by the State in which the mine is lo-
experience beyond the 1 year minimum cated as a steam-hoisting engineer; or
requirement specified in paragraph (2) If a State has no program for

(a)(3) of this section; however, in no qualifying persons as steam-hoisting
case shall an individual be given more engineers, the Secretary may qualify
503
75.156 30 CFR Ch. I (7115 Edition)
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-
person has had 1 year experience in op- resentative of the Secretary that he/
erating steam-driven hoists and has she is qualified to perform in the as-
held the position of hoisting engineer signed position.
for a periond of 6 months immediately [73 FR 80612, Dec. 31, 2008]
preceding the application. A persons
qualification is valid for as long as this 75.159 Records of certified and quali-
person continues to satisfy the require- fied persons.
ments necessary for qualification and The operator of each coal mine shall
is employed at the same coal mine or maintain a list of all certified and
by the same independent contractor. qualified persons designated to perform
(b)(1) A person is a qualified hoisting
duties under this part 75.
engineer within the provisions of sub-
part O of this part, for the purpose of [35 FR 17890, Nov. 20, 1970, as amended at 60
operating an electrically driven hoist FR 33723, June 29, 1995]
in a coal mine, if he has at least 1 year
experience operating a hoist plant in a 75.160 Training programs.
mine or maintaining electric-hoist [STATUTORY PROVISION]
equipment in a mine and is qualified by
the State in which the mine is located Every operator of a coal mine shall provide
as an electric-hoisting engineer; or a program, approved by the Secretary, of
(2) If a State has no program for training and retraining of both qualified and
certified persons needed to carry out func-
qualifying persons as electric-hoisting
tions prescribed in the Act.
engineers, the Secretary may qualify
persons for this purpose if the operator 75.161 Plans for training programs.
of the coal mine in which such persons
Each operator must submit to the
are employed, or the independent con-
district manager, of the Coal Mine
tractor, makes an application and a
Safety and Health District in which
satisfactory showing that each such
the mine is located, a program or plan
person has had 1 year experience in op-
setting forth what, when, how, and
erating electric-driven hoists and has
where the operator will train and re-
held the position of hoisting engineer
train persons whose work assignments
for a period of 6 months immediately
require that they be certified or quali-
preceding the application. A persons
fied. The program must provide
qualification is valid for as long as this
(a) For certified persons, annual
person continues to satisfy the require-
training courses in first aid, principles
ments for qualification and is em-
of mine rescue, and the provisions of
ployed at the same coal mine or by the
this part 75; and
same independent contractor.
(b) For qualified persons, annual
(c) Applications for Secretarial quali-
courses in performance of the task
fication should be submitted to the
which they perform as qualified per-
Health and Safety Activity, Mine Safe-
sons.
ty and Health Administration, Certifi-
cation and Qualification Center, P.O. [63 FR 53761, Oct. 6, 1998]
Box 25367, Denver Federal Center, Den-
ver, Colo. 80225. Subpart CRoof Support
[35 FR 17894, Nov. 20, 1970, as amended at 43
FR 12320, Mar. 24, 1978; 54 FR 30515, July 20, SOURCE: 53 FR 2375, Jan. 27, 1988, unless
1989] otherwise noted.
75.156 AMS operator, qualifications. 75.200 Scope.

(a) To be qualified as an AMS oper- This subpart C sets forth require-
ator, a person shall be provided with ments for controlling roof, face and
task training on duties and responsibil- ribs, including coal or rock bursts, in
ities at each mine where an AMS oper- underground coal mines. Roof control
504
systems installed prior to the effective Specification for Roof and Rock Bolts
date of this subpart are not affected so and Accessories, the mine operator
long as the support system continues shall
to effectively control the roof, face and (1) Obtain a manufacturers certifi-
ribs. cation that the material was manufac-
tured and tested in accordance with
75.201 Definitions.
the specifications of ASTM F43295;
Automated temporary roof support and
(ATRS) system. A device to provide tem- (2) Make this certification available
porary roof support from a location to an authorized representative of the
where the equipment operator is pro- Secretary and to the representative of
tected from roof falls. miners.
Pillar recovery. Any reduction in pil-
(b) Roof bolts and accessories not ad-
lar size during retreat mining.
dressed in ASTM F43295 may be used,
75.202 Protection from falls of roof, provided that the use of such materials
face and ribs. is approved by the District Manager
(a) The roof, face and ribs of areas based on
where persons work or travel shall be (1) Demonstrations which show that
supported or otherwise controlled to the materials have successfully sup-
protect persons from hazards related to ported the roof in an area of a coal
falls of the roof, face or ribs and coal or mine with similar strata, opening di-
rock bursts. mensions and roof stresses; or
(b) No person shall work or travel (2) Tests which show the materials to
under unsupported roof unless in ac- be effective for supporting the roof in
cordance with this subpart. an area of the affected mine which has
similar strata, opening dimensions and
75.203 Mining methods. roof stresses as the area where the roof
(a) The method of mining shall not bolts are to be used. During the test
expose any person to hazards caused by process, access to the test area shall be
excessive widths of rooms, crosscuts limited to persons necessary to con-
and entries, or faulty pillar recovery duct the test.
methods. Pillar dimensions shall be (c)(1) A bearing plate shall be firmly
compatible with effective control of installed with each roof bolt.
the roof, face and ribs and coal or rock (2) Bearing plates used directly
bursts. against the mine roof shall be at least
(b) A sightline or other method of di- 6 inches square or the equivalent, ex-
rectional control shall be used to main- cept that where the mine roof is firm
tain the projected direction of mining and not susceptible to sloughing, bear-
in entries, rooms, crosscuts and pillar ing plates 5 inches square or the equiv-
splits. alent may be used.
(c) A sidecut shall be started only (3) Bearing plates used with wood or
from an area that is supported in ac-
metal materials shall be at least 4
cordance with the roof control plan.
inches square or the equivalent.
(d) A working face shall not be mined
through into an unsupported area of (4) Wooden materials that are used
active workings, except when the un- between a bearing plate and the mine
supported area is inaccessible. roof in areas which will exist for three
(e) Additional roof support shall be years or more shall be treated to mini-
installed where mize deterioration.
(1) The width of the opening specified (d) When washers are used with roof
in the roof control plan is exceeded by bolts, the washers shall conform to the
more than 12 inches; and shape of the roof bolt head and bearing
(2) The distance over which the ex- plate.
cessive width exists is more than 5 feet. (e)(1) The diameter of finishing bits
shall be within a tolerance of plus or
75.204 Roof bolting.
minus 0.030 inch of the manufacturers

(a) For roof bolts and accessories ad- recommended hole diameter for the an-
dressed in ASTM F43295, Standard chor used.
505
75.205 30 CFR Ch. I (7115 Edition)
(2) When separate finishing bits are (6) The mine operator or a person
used, they shall be distinguishable designated by the operator shall certify
from other bits. by signature and date that measure-
(f) Tensioned roof bolts. (1) Roof bolts ments required by paragraph (f)(5) of
that provide support by creating a this section have been made. This cer-
beam of laminated strata shall be at tification shall be maintained for at
least 30 inches long. Roof bolts that least one year and shall be made avail-
provide support by suspending the roof able to an authorized representative of
from overlying stronger strata shall be the Secretary and representatives of
long enough to anchor at least 12 the miners.
inches into the stronger strata. (7) Tensioned roof bolts installed in
(2) Test holes, spaced at intervals the roof support pattern shall not be
specified in the roof control plan, shall used to anchor trailing cables or used
be drilled to a depth of at least 12 for any other purpose that could affect
inches above the anchorage horizon of the tension of the bolt. Hanging trail-
mechanically anchored tensioned bolts ing cables, line brattice, telephone
being used. When a test hole indicates lines, or other similar devices which do
that bolts would not anchor in com-
not place sudden loads on the bolts are
petent strata, corrective action shall
permitted.
be taken.
(8) Angle compensating devices shall
(3) The installed torque or tension
be used to compensate for the angle
ranges for roof bolts as specified in the
when tensioned roof bolts are installed
roof control plan shall maintain the in-
tegrity of the support system and shall at angles greater than 5 degrees from
not exceed the yield point of the roof the perpendicular to the bearing plate.
bolt nor anchorage capacity of the (g) Non-tensioned grouted roof bolts.
strata. The first non-tensioned grouted roof
(4) In each roof bolting cycle, the ac- bolt installed during each roof bolting
tual torque or tension of the first ten- cycle shall be tested during or imme-
sioned roof bolt installed with each diately after the first row of bolts has
drill head shall be measured imme- been installed. If the bolt tested does
diately after it is installed. Thereafter, not withstand at least 150 foot-pounds
for each drill head used, at least one of torque without rotating in the hole,
roof bolt out of every four installed corrective action shall be taken.
shall be measured for actual torque or [53 FR 2375, Jan. 27, 1988, as amended at 55
tension. If the torque or tension of any FR 4595, Feb. 8, 1990; 63 FR 20030, Apr. 22,
of the roof bolts measured is not within 1998]
the range specified in the roof control
plan, corrective action shall be taken. 75.205 Installation of roof support
(5) In working places from which coal using mining machines with inte-
is produced during any portion of a 24- gral roof bolters.
hour period, the actual torque or ten- When roof bolts are installed by a
sion on at least one out of every ten continuous mining machine with
previously installed mechanically an- intregal roof bolting equipment:
chored tensioned roof bolts shall be
(a) The distance between roof bolts
measured from the outby corner of the
shall not exceed 10 feet crosswise.
last open crosscut to the face in each
advancing section. Corrective action (b) Roof bolts to be installed 9 feet or
shall be taken if the majority of the more apart shall be installed with a
bolts measured wooden crossbar at least 3 inches thick
(i) Do not maintain at least 70 per- and 8 inches wide, or material which
cent of the minimum torque or tension provides equivalent support.
specified in the roof control plan, 50 (c) Roof bolts to be installed more
percent if the roof bolt plates bear than 8 feet but less than 9 feet apart
against wood; or shall be installed with a wooden plank
at least 2 inches thick and 8 inches
(ii) Have exceeded the maximum

specified torque or tension by 50 per- wide, or material which provides equiv-
cent. alent support.
506
75.206 Conventional roof support. (c) A cluster of two or more posts

(a) Except in anthracite mines using that provide equivalent strength may
non-mechanized mining systems, when be used to meet the requirements of
conventional roof support materials paragraph (b)(1) of this section, except
are used as the only means of support that no post shall have a diameter less
(1) The width of any opening shall than 4 inches or have a cross-sectional
not exceed 20 feet; area less than 13 square inches.
(2) The spacing of roadway roof sup- (d) Materials other than wood used
port shall not exceed 5 feet; for support shall have support strength
(3)(i) Supports shall be installed to at least equivalent to wooden material
within 5 feet of the uncut face; meeting the applicable provisions of
(ii) When supports nearest the face this section.
must be removed to facilitate the oper- (e) Posts and jacks shall be tightly
ation of face equipment, equivalent installed on solid footing.
temporary support shall be installed (f) When posts are installed under
prior to removing the supports; roof susceptible to sloughing a cap
(4) Straight roadways shall not ex- block, plank, crossbar or materials
ceed 16 feet wide where full overhead that are equally effective shall be
support is used and 14 feet wide where placed between the post and the roof.
only posts are used; (g) Blocks used for lagging between
(5) Curved roadways shall not exceed the roof and crossbars shall be spaced
16 feet wide; and to distribute the load.
(6) The roof at the entrance of all (h) Jacks used for roof support shall
openings along travelways which are be used with at least 36 square inches
no longer needed for storing supplies or of roof bearing surface.
for travel of equipment shall be sup- [53 FR 2375, Jan. 27, 1988, as amended at 55
ported by extending the line of support FR 14228, Apr. 16, 1990; 55 FR 20137, May 15,
across the opening. 1990]
(b) Conventional roof support mate-
75.207 Pillar recovery.
rials shall meet the following specifica-
tions: Pillar recovery shall be conducted in
(1) The minimum diameter of cross- the following manner, unless otherwise
sectional area of wooden posts shall be specified in the roof control plan:
as follows: (a) Full and partial pillar recovery
shall not be conducted on the same pil-
Cross-sec- lar line, except where physical condi-
Diameter of tional area of
Post length (in inches) round posts split posts (in tions such as unstable floor or roof,
(in inches) square falls of roof, oil and gas well barriers or
inches)
surface subsidence require that pillars
60 or less ................................ 4 13 be left in place.
Over 60 to 84 .......................... 5 20
Over 84 to 108 ........................ 6 28
(b) Before mining is started in a pil-
Over 108 to 132 ...................... 7 39 lar split or lift
Over 132 to 156 ...................... 8 50 (1) At least two rows of breaker posts
Over 156 to 180 ...................... 9 64 or equivalent support shall be in-
Over 180 to 204 ...................... 10 79
Over 204 to 228 ...................... 11 95 stalled
Over 228 ................................. 12 113 (i) As close to the initial intended
breakline as practicable; and
(2) Wooden materials used for support (ii) Across each opening leading into
shall have the following dimensions: an area where full or partial pillar ex-
(i) Cap blocks and footings shall have traction has been completed.
flat sides and be at least 2 inches thick, (2) A row of roadside-radius (turn)
4 inches wide and 12 inches long. posts or equivalent support shall be in-
(ii) Crossbars shall have a minimum stalled leading into the split or lift.
cross-sectional area of 24 square inches (c) Before mining is started on a final
and be at least 3 inches thick. stump
(iii) Planks shall be at least 6 inches (1) At least 2 rows of posts or equiva-
wide and 1 inch thick. lent support shall be installed on not

(3) Cribbing materials shall have at more than 4-foot centers on each side
least two parallel flat sides. of the roadway; and
507
75.208 30 CFR Ch. I (7115 Edition)
(2) Only one open roadway, which (1) Mining conditions or cir-
shall not exceed 16 feet wide, shall lead cumstances prevent the use of an
from solid pillars to the final stump of ATRS system; or
a pillar. Where posts are used as the (2) Temporary supports are installed
sole means of roof support, the width of in conjunction with an ATRS system.
the roadway shall not exceed 14 feet. (d) Persons shall work or travel be-
(d) During open-end pillar extraction, tween the support device of the ATRS
at least 2 rows of breaker posts or system and another support, and the
equivalent support shall be installed on distance between the support device of
not more than 4-foot centers. These the ATRS system and support to the
supports shall be installed between the left, right or beyond the ATRS system,
lift to be started and the area where shall not exceed 5 feet.
pillars have been extracted. These sup- (e) Each ATRS system shall meet
ports shall be maintained to within 7 each of the following:
feet of the face and the width of the (1) The ATRS system shall elas-
roadway shall not exceed 16 feet. Where tically support a deadweight load
posts are used as the sole means of roof measured in pounds of at least 450
support, the width of the roadway shall times each square foot of roof intended
not exceed 14 feet. to be supported, but in no case less
than 11,250 pounds.
75.208 Warning devices.
(2) The controls that position and set
Except during the installation of roof the ATRS system shall be
supports, the end of permanent roof (i) Operable from under permanently
support shall be posted with a readily supported roof; or
visible warning, or a physical barrier (ii) Located in a compartment, which
shall be installed to impede travel be- includes a deck, that provides the
yond permanent support. equipment operator with overhead and
lateral protection, and has the struc-
75.209 Automated Temporary Roof tural capacity to elastically support a
Support (ATRS) systems.
deadweight load of at least 18,000
(a) Except in anthracite mines and as pounds.
specified in paragraphs (b) and (c) of (3) All jacks affecting the capacity of
this section, an ATRS system shall be the ATRS system and compartment
used with roof bolting machines and shall have check valves or equivalent
continuous-mining machines with inte- devices that will prevent rapid collapse
gral roof bolters operated in a working in the event of a system failure.
section. The requirements of this para- (4) Except for the main tram con-
graph shall be met according to the fol- trols, tram controls for positioning the
lowing schedule: equipment to set the ATRS system
(1) All new machines ordered after shall limit the speed of the equipment
March 28, 1988. to a maximum of 80 feet-per-minute.
(2) All existing machines operated in (f) The support capacity of each
mining heights of 36 inches or more ATRS system and the structural capac-
after March 28, 1989; and ity of each compartment shall be cer-
(3) All existing machines operated in tified by a registered engineer as meet-
mining heights of 30 inches or more but ing the applicable requirements of
less than 36 inches after March 28, 1990. paragraphs (e)(1) and (e)(2) of this sec-
(b) After March 28, 1990 the use of tion. The certifications shall be made
ATRS systems with existing roof bolt- available to an authorized representa-
ing machines and continuous-mining tive of the Secretary and representa-
machines with integral roof bolters op- tive of the miners.
erated in a working section where the
mining height is less than 30 inches 75.210 Manual installation of tem-
shall be addressed in the roof control porary support.
plan. (a) When manually installing tem-
(c) Alternative means of temporary porary support, only persons engaged

support shall be used, as specified in in installing the support shall proceed
the roof control plan, when beyond permanent support.
508
(b) When manually installing tem- removal of loose material from a posi-
porary supports, the first temporary tion that will not expose the person
support shall be set no more than 5 feet performing this work to injury from
from a permanent roof support and the falling material.
rib. All temporary supports shall be set
so that the person installing the sup- 75.212 Rehabilitation of areas with
ports remains between the temporary unsupported roof.
support being set and two other sup- (a) Before rehabilitating each area
ports which shall be no more than 5 where a roof fall has occurred or the
feet from the support being installed. roof has been removed by mining ma-
Each temporary support shall be com- chines or by blasting
pletely installed prior to installing the (1) The mine operator shall establish
next temporary support. the clean up and support procedures
(c) All temporary supports shall be that will be followed;
placed on no more than 5-foot centers. (2) All persons assigned to perform
(d) Once temporary supports have rehabilitation work shall be instructed
been installed, work or travel beyond in the clean-up and support procedures;
permanent roof support shall be done and
between temporary supports and the (3) Ineffective, damaged or missing
nearest permanent support or between roof support at the edge of the area to
other temporary supports. be rehabilitated shall be replaced or
75.211 Roof testing and scaling. other equivalent support installed.
(b) All persons who perform rehabili-
(a) A visual examination of the roof, tation work shall be experienced in
face and ribs shall be made imme- this work or they shall be supervised
diately before any work is started in an by a person experienced in rehabilita-
area and thereafter as conditions war- tion work who is designated by the
rant. mine operator.
(b) Where the mining height permits
(c) Where work is not being per-
and the visual examination does not
formed to rehabilitate an area in ac-
disclose a hazardous condition, sound
tive workings where a roof fall has oc-
and vibration roof tests, or other
curred or the roof has been removed by
equivalent tests, shall be made where
mining machines or by blasting, each
supports are to be installed. When
entrance to the area shall be supported
sound and vibration tests are made,
by at least one row of posts on not
they shall be conducted
more than 5-foot centers, or equally ef-
(1) After the ATRS system is set
fective support.
against the roof and before other sup-
port is installed; or 75.213 Roof support removal.
(2) Prior to manually installing a
roof support. This test shall begin (a)(1) All persons who perform the
under supported roof and progress no work of removing permanent roof sup-
further than the location where the ports shall be supervised by a manage-
next support is to be installed. ment person experienced in removing
(c) When a hazardous roof, face, or roof supports.
rib condition is detected, the condition (2) Only persons with at least one
shall be corrected before there is any year of underground mining experience
other work or travel in the affected shall perform permanent roof support
area. If the affected area is left unat- removal work.
tended, each entrance to the area shall (b) Prior to the removal of perma-
be posted with a readily visible warn- nent roof supports, the person super-
ing, or a physical barrier shall be in- vising roof support removal in accord-
stalled to impede travel into the area. ance with paragraph (a)(1) of this sec-
(d) A bar for taking down loose mate- tion shall examine the roof conditions
rial shall be available in the working in the area where the supports are to
place or on all face equipment except be removed and designate each support
haulage equipment. Bars provided for to be removed.

taking down loose material shall be of (c)(1) Except as provided in paragraph
a length and design that will allow the (g) of this section, prior to the removal
509
75.214 30 CFR Ch. I (7115 Edition)
of permanent supports, a row of tem- 75.214 Supplemental support mate-

porary supports on no more than 5-foot rials, equipment and tools.
centers or equivalent support shall be (a) A supply of supplementary roof
installed across the opening within 4 support materials and the tools and
feet of the supports being removed. Ad- equipment necessary to install the ma-
ditional supports shall be installed terials shall be available at a readily
where necessary to assure safe re- accessible location on each working
moval. section or within four crosscuts of each
(2) Prior to the removal of roof bolts, working section.
temporary support shall be installed as (b) The quantity of support materials
close as practicable to each roof bolt and tools and equipment maintained
being removed. available in accordance with this sec-
(d) Temporary supports installed in tion shall be sufficient to support the
accordance with this section shall not roof if adverse roof conditions are en-
be removed unless countered, or in the event of an acci-
(1) Removal is done by persons who dent involving a fall.
are in a remote location under sup-
ported roof; and 75.215 Longwall mining systems.
(2) At least two rows of temporary For each longwall mining section,
supports, set across the opening on no the roof control plan shall specify
more than 5-foot centers, are main- (a) The methods that will be used to
tained between the miners and the un- maintain a safe travelway out of the
supported area. section through the tailgate side of the
(e) Each entrance to an area where longwall; and
supports have been removed shall be (b) The procedures that will be fol-
posted with a readily visible warning lowed if a ground failure prevents trav-
or a physical barrier shall be installed el out of the section through the tail-
to impede travel into the area. gate side of the longwall.
(f) Except as provided in paragraph
(g) of this section, permanent support 75.220 Roof control plan.
shall not be removed where (a)(1) Each mine operator shall de-
(1) Roof bolt torque or tension meas- velop and follow a roof control plan,
urements or the condition of conven- approved by the District Manager, that
tional support indicate excessive load- is suitable to the prevailing geological
ing; conditions, and the mining system to
(2) Roof fractures are present; be used at the mine. Additional meas-
(3) There is any other indication that ures shall be taken to protect persons
the roof is structurally weak; or if unusual hazards are encountered.
(4) Pillar recovery has been con- (2) The proposed roof control plan
ducted. and any revisions to the plan shall be
(g) Permanent supports may be re- submitted, in writing, to the District
moved provided that: Manager. When revisions to a roof con-
(1) Removal is done by persons who trol plan are proposed, only the revised
are in a remote location under sup- pages need to be submitted unless oth-
ported roof; and erwise specified by the District Man-
(2) At least two rows of temporary ager.
(b)(1) The mine operator will be noti-
supports, set across the opening on no
fied in writing of the approval or denial
more than 5-foot centers, are main-
of approval of a proposed roof control
tained between the miners and the un-
plan or proposed revision.
supported area.
(2) When approval of a proposed plan
(h) The provisions of this section do
or revision is denied, the deficiencies of
not apply to removal of conventional
the plan or revision and recommended
supports for starting crosscuts and pil-
changes will be specified and the mine
lar splits or lifts except that prior to
operator will be afforded an oppor-
the removal of these supports an exam-
tunity to discuss the deficiencies and
ination of the roof conditions shall be
changes with the District Manager.

made.
(3) Before new support materials, de-
[55 FR 4595, Feb. 8, 1990] vices or systems other than roof bolts
510
and accessories, are used as the only (9) A list of all support materials re-
means of roof support, the District quired to be used in the roof, face and
Manager may require that their effec- rib control system, including, if roof
tiveness be demonstrated by experi- bolts are to be installed
mental installations. (i) The length, diameter, grade and
(c) No proposed roof control plan or type of anchorage unit to be used;
revision to a roof control plan shall be (ii) The drill hole size to be used; and
implemented before it is approved. (iii) The installed torque or tension
(d) Before implementing an approved range for tensioned roof bolts.
revision to a roof control plan, all per- (10) When mechanically anchored
sons who are affected by the revision tensioned roof bolts are used, the inter-
shall be instructed in its provisions. vals at which test holes will be drilled.
(e) The approved roof control plan (11) A description of the method of
and any revisions shall be available to protecting persons
the miners and representative of min- (i) From falling material at drift
ers at the mine. openings; and
[53 FR 2375, Jan. 27, 1988; 53 FR 11395, Apr. 6, (ii) When mining approaches within
1988 as amended at 60 FR 33723, June 29, 1995; 150 feet of an outcrop.
71 FR 16668, Apr. 3, 2006] (12) A description of the roof and rib
support necessary for the refuge alter-
75.221 Roof control plan information. natives.
(a) The following information shall (b) Each drawing submitted with a
be included in each roof control plan: roof control plan shall contain a legend
(1) The name and address of the com- explaining all symbols used and shall
pany. specify the scale of the drawing which
(2) The name, address, mine identi- shall not be less than 5 feet to the inch
fication number and location of the or more than 20 feet to the inch.
mine. (c) All roof control plan information,
(3) The name and title of the com- including drawings, shall be submitted
pany official responsible for the plan. on 812 by 11 inch paper, or paper folded
(4) A typical columnar section of the to this size.
mine strata which shall [53 FR 2375, Jan. 27, 1988, as amended at 60
(i) Show the name and the thickness FR 33723, June 29, 1995; 73 FR 80697, Dec. 31,
of the coalbed to be mined and any per- 2008]
sistent partings;
(ii) Identify the type and show the 75.222 Roof control plan-approval
thickness of each stratum up to and in- criteria.
cluding the main roof above the coal- (a) This section sets forth the cri-
bed and for distance of at least 10 feet teria that shall be considered on a
below the coalbed; and mine-by-mine basis in the formulation
(iii) Indicate the maximum cover and approval of roof control plans and
over the area to be mined. revisions. Additional measures may be
(5) A description and drawings of the required in plans by the District Man-
sequence of installation and spacing of ager. Roof control plans that do not
supports for each method of mining conform to the applicable criteria in
used. this section may be approved by the
(6) When an ATRS system is used, District Manager, provided that effec-
the maximum distance that an ATRS tive control of the roof, face and ribs
system is to be set beyond the last row can be maintained.
of permanent support. (b) Roof Bolting. (1) Roof bolts should
(7) When tunnel liners or arches are be installed on centers not exceeding 5
to be used for roof support, specifica- feet lengthwise and crosswise, except
tions and installation procedures for as specified in 75.205.
the liners or arches. (2) When tensioned roof bolts are
(8) Drawings indicating the planned used as a means of roof support, the
width of openings, size of pillars, meth- torque or tension range should be capa-
od of pillar recovery, and the sequence ble of supporting roof bolt loads of at
of mining pillars. least 50 percent of either the yield
511
75.223 30 CFR Ch. I (7115 Edition)
point of the bolt or anchorage capacity (f) ATRS systems in working sections
of the strata, whichever is less. where the mining height is below 30
(3) Any opening that is more than 20 inches. In working sections where the
feet wide should be supported by a mining height is below 30 inches, an
combination of roof bolts and conven- ATRS system should be used to the ex-
tional supports. tent practicable during the installation
(4) In any opening more than 20 feet of roof bolts with roof bolting ma-
wide chines and continuous-mining ma-
(i) Posts should be installed to limit chines with integral roof bolters.
each roadway to 16 feet wide where (g) Longwall mining systems. (1) Sys-
straight and 18 feet wide where curved; tematic supplemental support should
and be installed throughout
(ii) A row of posts should be set for (i) The tailgate entry of the first
each 5 feet of space between the road- longwall panel prior to any mining;
way posts and the ribs. and
(5) Openings should not be more than (ii) In the proposed tailgate entry of
30 feet wide. each subsequent panel in advance of
(c) Installation of roof support using the frontal abutment stresses of the
mining machines with integral roof bolt- panel being mined.
ers. (1) Before an intersection or pillar (2) When a ground failure prevents
split is started, roof bolts should be in- travel out of the section through the
stalled on at least 5-foot centers where tailgate side of the longwall section,
the work is performed. the roof control plan should address
(2) Where the roof is supported by (i) Notification of miners that the
only two roof bolts crosswise, openings travelway is blocked;
should not be more than 16 feet wide. (ii) Re-instruction of miners regard-
(d) Pillar recovery. (1) During developing escapeways and escape procedures
ment, any dimension of a pillar should in the event of an emergency;
be at least 20 feet. (iii) Re-instruction of miners on the
(2) Pillar splits and lifts should not availability and use of self-contained
be more than 20 feet wide. self-rescue devices;
(3) Breaker posts should be installed (iv) Monitoring and evaluation of the
on not more than 4-foot centers. air entering the longwall section;
(4) Roadside-radius (turn) posts, or (v) Location and effectiveness of the
equivalent support, should be installed two-way communication systems; and
on not more than 4-foot centers leading (vi) A means of transportation from
into each pillar split or lift. the section to the main line.
(5) Before full pillar recovery is start- (3) The plan provisions addressed by
ed in areas where roof bolts are used as paragraph (g)(2) of this section should
the only means of roof support and remain in effect until a travelway is re-
openings are more than 16 feet wide, at established on the tailgate side of a
least one row of posts should be in- longwall section.
stalled to limit the roadway width to
16 feet. These posts should be 75.223 Evaluation and revision of
(i) Extended from the entrance to the roof control plan.
split through the intersection outby (a) Revisions of the roof control plan
the pillar in which the split or lift is shall be proposed by the operator
being made; and (1) When conditions indicate that the
(ii) Spaced on not more than 5-foot plan is not suitable for controlling the
centers. roof, face, ribs, or coal or rock bursts;
(e) Unsupported openings at intersec- or
tions. Openings that create an intersec- (2) When accident and injury experi-
tion should be permanently supported ence at the mine indicates the plan is
or at least one row of temporary sup- inadequate. The accident and injury
ports should be installed on not more experience at each mine shall be re-
than 5-foot centers across the opening viewed at least every six months.
before any other work or travel in the (b) Each unplanned roof fall and rib
intersection. fall and coal or rock burst that occurs
512
in the active workings shall be plotted by 75.1501 when an emergency evacu-

on a mine map if it ation is necessary.
(1) Is above the anchorage zone where Atmospheric Monitoring System (AMS).
roof bolts are used; A network consisting of hardware and
(2) Impairs ventilation; software meeting the requirements of
(3) Impedes passage of persons; 75.351 and 75.11032 and capable of:
(4) Causes miners to be withdrawn measuring atmospheric parameters;
from the area affected; or transmitting the measurements to a
(5) Disrupts regular mining activities designated surface location; providing
for more than one hour. alert and alarm signals; processing and
(c) The mine map on which roof falls cataloging atmospheric data; and, pro-
are plotted shall be available at the viding reports. Early-warning fire de-
mine site for inspection by authorized tection systems using newer tech-
representatives of the Secretary and nology that provides equal or greater
representatives of miners at the mine. protection, as determined by the Sec-
(d) The roof control plan for each retary, will be considered atmospheric
mine shall be reviewed every six monitoring systems for the purposes of
months by an authorized representa- this subpart.
tive of the Secretary. This review shall Belt air course. The entry in which a
take into consideration any falls of the belt is located and any adjacent
roof, face and ribs and the adequacy of entry(ies) not separated from the belt
the support systems used at the time. entry by permanent ventilation con-
trols, including any entries in series
[53 FR 2375, Jan. 27, 1988; 60 FR 33723, June 29, with the belt entry, terminating at a
1995] return regulator, a section loading
point, or the surface.
Subpart DVentilation Carbon monoxide ambient level. The av-
erage concentration in parts per mil-
AUTHORITY: 30 U.S.C. 811, 863. lion (ppm) of carbon monoxide detected
in an air course containing carbon
monoxide sensors. This average con-
otherwise noted.
centration is representative of the
75.300 Scope. composition of the mine atmosphere
over a period of mining activity during
This subpart sets requirements for non-fire conditions. Separate ambient
underground coal mine ventilation. levels may be established for different
areas of the mine.
75.301 Definitions.
Incombustible. Incapable of being
In addition to the applicable defini- burned.
tions in 75.2, the following definitions Intake air. Air that has not yet venti-
apply in this subpart. lated the last working place on any
Air course. An entry or a set of en- split of any working section, or any
tries separated from other entries by worked-out area, whether pillared or
stoppings, overcasts, other ventilation nonpillared.
control devices, or by solid blocks of Intrinsically safe. Incapable of releas-
coal or rock so that any mixing of air ing enough electrical or thermal en-
currents between each is limited to ergy under normal or abnormal condi-
leakage. tions to cause ignition of a flammable
AMS operator. The person(s), des- mixture of methane or natural gas and
ignated by the mine operator, who is air of the most easily ignitable com-
located on the surface of the mine and position.
monitors the malfunction, alert, and Noncombustible structure or area. De-
alarm signals of the AMS and notifies scribes a structure or area that will
appropriate personnel of these signals. continue to provide protection against
Appropriate personnel. The person or flame spread for at least 1 hour when
persons designated by the operator to subjected to a fire test incorporating
perform specific tasks in response to an ASTM E11988 time/temperature

AMS signals. Appropriate personnel in- heat input, or equivalent. The publica-
clude the responsible person(s) required tion ASTM E11988, Standard Test
513
75.302 30 CFR Ch. I (7115 Edition)
Methods for Fire Tests of Building Con- air course from another intake air
struction and Materials is incor- course through a regulator.
porated by reference and may be in- Return air. Air that has ventilated
spected at any MSHA Coal Mine Safety the last working place on any split of
and Health district office, or at any working section or any worked-out
MSHAs Office of Standards, 1100 Wil- area whether pillared or nonpillared. If
son Blvd., Room 2352, Arlington, Vir- air mixes with air that has ventilated
ginia 222093939, or at the National Ar- the last working place on any split of
chives and Records Administration any working section or any worked-out
(NARA). For information on the avail- area, whether pillared or nonpillared,
ability of this material at NARA, call it is considered return air. For the pur-
2027416030, or go to: http:// poses of 75.5071, air that has been
www.archives.gov/federallregister/ used to ventilate any working place in
codeloflfederallregulations/ a coal producing section or pillared
ibrllocations.html. In addition, copies area, or air that has been used to venti-
of the document can be purchased from late any working face if such air is di-
the American Society for Testing Ma- rected away from the immediate return
terials (ASTM), 1916 Race Street, is return air. Notwithstanding the defi-
Philadelphia, Pennsylvania 19103. This nition of intake air, for the purpose of
incorporation by reference was ap- ventilation of structures, areas or in-
proved by the Director of the Federal stallations that are required by this
Register in accordance with 5 U.S.C. subpart D to be ventilated to return air
552(a) and 1 CFR part 51. courses, and for ventilation of seals,
Noncombustible material. Describes a other air courses may be designated as
material which when used to construct return air courses by the operator only
a ventilation control results in a con- when the air in these air courses will
trol that will continue to serve its in- not be used to ventilate working places
tended function for 1 hour when sub- or other locations, structures, installa-
jected to a fire test incorporating an tions or areas required to be ventilated
ASTM E11988 time/temperature heat with intake air.
input, or equivalent. The publication Worked-out area. An area where min-
ASTM E11988, Standard Test Meth- ing has been completed, whether
ods for Fire Tests of Building Construc- pillared or nonpillared, excluding de-
tion and Materials is incorporated by veloping entries, return air courses,
reference and may be inspected at any and intake air courses.
Coal Mine Health and Safety District [61 FR 9829, Mar. 11, 1996; 61 FR 29288, June
and Subdistrict Office, or at MSHAs 10, 1996, as amended at 67 FR 38386, June 4,
Office of Standards, Regulations, and 2002; 69 FR 17526, Apr. 2, 2004; 71 FR 16668,
Variances, 1100 Wilson Blvd., Room Apr. 3, 2006]
2352, Arlington, Virginia 222093939, or
at the National Archives and Records 75.302 Main mine fans.
Administration (NARA). For informa- Each coal mine shall be ventilated by
tion on the availability of this mate- one or more main mine fans. Booster
rial at NARA, call 2027416030, or go fans shall not be installed underground
to: http://www.archives.gov/ to assist main mine fans except in an-
federallregister/ thracite mines. In anthracite mines,
codeloflfederallregulations/ booster fans installed in the main air
ibrllocations.html. In addition, copies current or a split of the main air cur-
of the document can be purchased from rent may be used provided their use is
the American Society for Testing Ma- approved in the ventilation plan.
terials (ASTM), 100 Barr Harbor Drive,
PO Box C700, West Conshohocken, PA 75.310 Installation of main mine fans.
194282959; http://www.astm.org. This in- (a) Each main mine fan shall be
corporation by reference was approved (1) Installed on the surface in an in-
by the Director of the Federal Register combustible housing;
in accordance with 5 U.S.C. 552(a) and 1 (2) Connected to the mine opening
CFR part 51. with incombustible air ducts;

Point feeding. The process of pro- (3) Equipped with an automatic de-
viding additional intake air to the belt vice that gives a signal at the mine
514
when the fan either slows or stops. A (i) The fuel supply shall be protected
responsible person designated by the against fires and explosions;
operator shall always be at a surface (ii) The engine shall be installed in
location at the mine where the signal an incombustible housing and be
can be seen or heard while anyone is equipped with a remote shut-down de-
underground. This person shall be pro- vice;
vided with two-way communication (iii) The engine and the engine ex-
with the working sections and work haust system shall be located out of di-
stations where persons are routinely rect line of the air current exhausting
assigned to work for the majority of a from the mine; and
shift; (iv) The engine exhaust shall be vent-
(4) Equipped with a pressure recorded to the atmosphere so that the ex-
ing device or system. Mines permitted haust gases do not contaminate the
to shut down main mine fans under mine intake air current or any enclo-
75.311 and which do not have a pressure.
sure recording device installed on main (c) If a main mine fan monitoring
mine fans shall have until June 10, 1997 system is used under 75.312, the sys-
to install a pressure recording device tem shall
or system on all main mine fans. If a (1) Record, as described in paragraph
device or system other than a circular (a)(4) the mine ventilating pressure;
pressure recorder is used to monitor (2) Monitor bearing temperature, rev-
main mine fan pressure, the moni- olutions per minute, vibration, electric
toring device or system shall provide a voltage, and amperage;
continuous graph or continuous chart (3) Provide a printout of the mon-
of the pressure as a function of time. itored parameters, including the mine
At not more than 7-day intervals, a ventilating pressure within a reason-
hard copy of the continuous graph or able period, not to exceed the end of
chart shall be generated or the record the next scheduled shift during which
of the fan pressure shall be stored elec- miners are underground; and
tronically. When records of fan pres- (4) Be equipped with an automatic de-
sure are stored electronically, the sys- vice that signals when
tem used to store these records shall be (i) An electrical or mechanical defi-
secure and not susceptible to alter- ciency exists in the monitoring system;
ation and shall be capable of storing or
the required data. Records of the fan (ii) A sudden increase or loss in mine
pressure shall be retained at a surface ventilating pressure occurs.
location at the mine for at least 1 year (5) Provide monitoring, records,
and be made available for inspection by printouts, and signals required by para-
authorized representatives of the Sec- graphs (c)(1) through (c)(4) at a surface
retary and the representative of min- location at the mine where a respon-
ers; sible person designated by the operator
(5) Protected by one or more weak is always on duty and where signals
walls or explosion doors, or a combina- from the monitoring system can be
tion of weak walls and explosion doors, seen or heard while anyone is under-
located in direct line with possible ex- ground. This person shall be provided
plosive forces; with two-way communication with the
(6) Except as provided under para- working sections and work stations
graph (e) of this section, offset by at where persons are routinely assigned to
least 15 feet from the nearest side of work for the majority of a shift.
the mine opening unless an alternative (d) Weak walls and explosion doors
method of protecting the fan and its shall have cross-sectional areas at
associated components is approved in least equal to that of the entry through
the ventilation plan. which the pressure from an explosion
(b)(1) If an electric motor is used to underground would be relieved. A weak
drive a main mine fan, the motor shall wall and explosion door combination
operate from a power circuit inde- shall have a total cross-sectional area
pendent of all mine power circuits. at least equal to that of the entry
(2) If an internal combustion engine through which the pressure from an ex-
is used to drive a main mine fan plosion underground would be relieved.
515
75.311 30 CFR Ch. I (7115 Edition)
(e) If a mine fan is installed in line mine fan, persons may be permitted in
with an entry, a slope, or a shaft the mine and electric power circuits
(1) The cross-sectional area of the may be energized as specified in the ap-
pressure relief entry shall be at least proved ventilation plan.
equal to that of the fan entry; (d) If an unusual variance in the mine
(2) The fan entry shall be developed ventilation pressure is observed, or if
out of direct line with possible explo- an electrical or mechanical deficiency
sive forces; of a main mine fan is detected, the
(3) The coal or other solid material mine foreman or equivalent mine offi-
between the pressure relief entry and cial, or in the absence of the mine fore-
the fan entry shall be at least 2,500 man or equivalent mine official, a des-
square feet; and ignated certified person acting for the
(4) The surface opening of the pres- mine foreman or equivalent mine offi-
sure relief entry shall be not less than cial shall be notified immediately, and
15 feet nor more than 100 feet from the appropriate action or repairs shall be
surface opening of the fan entry and
instituted promptly.
from the underground intersection of
the fan entry and pressure relief entry. (e) While persons are underground, a
(f) In mines ventilated by multiple responsible person designated by the
main mine fans, incombustible doors operator shall always be at a surface
shall be installed so that if any main location where each main mine fan sig-
mine fan stops and air reversals nal can be seen or heard.
through the fan are possible, the doors (f) The area within 100 feet of main
on the affected fan automatically mine fans and intake air openings shall
close. be kept free of combustible material,
unless alternative precautions nec-
[61 FR 9829, Mar. 11, 1996, as amended at 61 essary to provide protection from fire
FR 20877, May 8, 1996]
or other products of combustion are ap-
75.311 Main mine fan operation. proved in the ventilation plan.
(g) If multiple mine fans are used, the
(a) Main mine fans shall be continu-
mine ventilation system shall be de-
ously operated, except as otherwise ap-
signed and maintained to eliminate
proved in the ventilation plan, or when
areas without air movement.
intentionally stopped for testing of
automatic closing doors and automatic (h) Any atmospheric monitoring sys-
fan signal devices, maintenance or ad- tem operated during fan stoppages
justment of the fan, or to perform shall be intrinsically safe.
maintenance or repair work under-
75.312 Main mine fan examinations
ground that cannot otherwise be made and records.
while the fan is operating.
(b) Except as provided in paragraph (a) To assure electrical and mechan-
(c) of this section, when a main mine ical reliability of main mine fans, each
fan is intentionally stopped and the main mine fan and its associated com-
ventilating quantity provided by the ponents, including devices for meas-
fan is not maintained by a back-up fan uring or recording mine ventilation
system pressure, shall be examined for proper
(1) Only persons necessary to evalu- operation by a trained person des-
ate the effect of the fan stoppage or re- ignated by the operator. Examinations
start, or to perform maintenance or re- of main mine fans shall be made at
pair work that cannot otherwise be least once each day that the fan oper-
made while the fan is operating, shall ates, unless a fan monitoring system is
be permitted underground; used. No examination is required on
(2) Mechanized equipment shall be any day when no one, including cer-
shut off before stopping the fan; and tified persons, goes underground, ex-
(3) Electric power circuits entering cept that an examination shall be com-
underground areas of the mine shall be pleted prior to anyone entering the
deenergized. mine.
(c) When a back-up fan system is (b)(1) If a main mine fan monitoring
used that does not provide the ven- system is used, a trained person des-
tilating quantity provided by the main ignated by the operator shall
516
(i) At least once each day review the provided no one, including persons
data provided by the fan monitoring identified in 75.311(b)(1), is under-
system to assure that the fan and the ground. If the fan is not restarted with-
fan monitoring system are operating in 15 minutes, underground power shall
properly. No review is required on any be deenergized and no one shall enter
day when no one, including certified any underground area of the mine,
persons, goes underground, except that until the fan is restarted and an exam-
a review of the data shall be performed ination of the mine is conducted as de-
prior to anyone entering the under- scribed in 75.360 (b) through (e) and
ground portion of the mine. Data re- the mine has been determined to be
viewed should include the fan pressure, safe.
bearing temperature, revolutions per (e) Circular main mine fan pressure
minute, vibration, electric voltage, and recording charts shall be changed be-
amperage; and fore the beginning of a second revolu-
(ii) At least every 7 days tion.
(A) Test the monitoring system for (f)(1) Certification. Persons making
proper operation; and main mine fan examinations shall cer-
(B) Examine each main mine fan and tify by initials and date at the fan or
its associated components to assure another location specified by the oper-
electrical and mechanical reliability of ator that the examinations were made.
main mine fans. Each certification shall identify the
(2) If the monitoring system malfunc- main mine fan examined.
tions, the malfunction shall be cor-
(2) Persons reviewing data produced
rected, or paragraph (a) of this section
by a main mine fan monitoring system
shall apply.
shall certify by initials and date on a
(c) At least every 31 days, the auto-
printed copy of the data from the sys-
matic fan signal device for each main
tem that the review was completed. In
mine fan shall be tested by stopping
lieu of certification on a copy of the
the fan. Only persons necessary to
data, the person reviewing the data
evaluate the effect of the fan stoppage
may certify electronically that the re-
or restart, or to perform maintenance
or repair work that cannot otherwise view was completed. Electronic certifi-
be made while the fan is operating, cation shall be by handwritten initials
shall be permitted underground. Not- and date in a computer system so as to
withstanding the requirement of be secure and not susceptible to alter-
75.311(b)(3), underground power may ation.
remain energized during this test pro- (g)(1) Recordkeeping. By the end of the
vided no one, including persons identi- shift on which the examination is
fied in 75.311(b)(1), is underground. If made, persons making main mine fan
the fan is not restarted within 15 min- examinations shall record all uncor-
utes, underground power shall be deen- rected defects that may affect the op-
ergized and no one shall enter any un- eration of the fan that are not cor-
derground area of the mine until the rected by the end of that shift. Records
fan is restarted and an examination of shall be maintained in a secure book
the mine is conducted as described in that is not susceptible to alteration or
75.360 (b) through (e) and the mine has electronically in a computer system so
been determined to be safe. as to be secure and not susceptible to
(d) At least every 31 days, the auto- alteration.
matic closing doors in multiple main (2) When a fan monitoring system is
mine fan systems shall be tested by used in lieu of the daily fan examina-
stopping the fan. Only persons nection
essary to evaluate the effect of the fan (i) The certified copies of data pro-
stoppage or restart, or to perform duced by fan monitoring systems shall
maintenance or repair work that can- be maintained separate from other
not otherwise be made while the fan is computer-generated reports or data;
operating, shall be permitted under- and
ground. Notwithstanding the provi- (ii) A record shall be made of any fan
sions of 75.311, underground power monitoring system malfunctions, elec-
may remain energized during this test trical or mechanical deficiencies in the
517
75.313 30 CFR Ch. I (7115 Edition)
monitoring system and any sudden in- (1) Everyone shall be withdrawn from
crease or loss in mine ventilating pres- the mine;
sure. The record shall be made by the (2) Underground electric power cir-
end of the shift on which the review of cuits shall be deenergized. However,
the data is completed and shall be circuits necessary to withdraw persons
maintained in a secure book that is not from the mine need not be deenergized
susceptible to alteration or electroni- if located in areas or haulageways
cally in a computer system so as to be where methane is not likely to migrate
secure and not susceptible to alter- to or accumulate. These circuits shall
ation. be deenergized as persons are with-
(3) By the end of the shift on which drawn; and
the monthly test of the automatic fan (3) Mechanized equipment not lo-
signal device or the automatic closing cated on working sections shall be shut
doors is completed, persons making off. However, mechanized equipment
these tests shall record the results of necessary to withdraw persons from
the tests. Records shall be maintained the mine need not be shut off if located
in a secure book that is not susceptible in areas where methane is not likely to
to alteration or electronically in a migrate to or accumulate.
computer system so as to be secure and (d)(1) When ventilation is restored
not susceptible to alteration.
(i) No one other than designated cer-
(h) Retention period. Records, includ-
tified examiners shall enter any under-
ing records of mine fan pressure and
ground area of the mine until an exam-
the certified copies of data produced by
ination is conducted as described in
fan monitoring systems, shall be re-
tained at a surface location at the 75.360(b) through (e) and the area has
mine for at least 1 year and shall be been determined to be safe. Designated
made available for inspection by au- certified examiners shall enter the un-
thorized representatives of the Sec- derground area of the mine from which
retary and the representative of min- miners have been withdrawn only after
ers. the fan has operated for at least 15
minutes unless a longer period of time
75.313 Main mine fan stoppage with is specified in the approved ventilation
persons underground. plan.
(a) If a main mine fan stops while (ii) Underground power circuits shall
anyone is underground and the ven- not be energized and nonpermissible
tilating quantity provided by the fan is mechanized equipment shall not be
not maintained by a back-up fan sys- started or operated in an area until an
tem examination is conducted as described
(1) Electrically powered equipment in in 75.360(b) through (e) and the area
each working section shall be deener- has been determined to be safe, except
gized; that designated certified examiners
(2) Other mechanized equipment in may use nonpermissible transportation
each working section shall be shut off; equipment in intake airways to facili-
and tate the making of the required exam-
(3) Everyone shall be withdrawn from ination.
the working sections and areas where (2) If ventilation is restored to the
mechanized mining equipment is being mine before miners reach the surface,
installed or removed. the miners may return to underground
(b) If ventilation is restored within 15 working areas only after an examina-
minutes after a main mine fan stops, tion of the areas is made by a certified
certified persons shall examine for person and the areas are determined to
methane in the working places and in be safe.
other areas where methane is likely to (e) Any atmospheric monitoring sys-
accumulate before work is resumed and tem operated during fan stoppages
before equipment is energized or re- shall be intrinsically safe.
started in these areas. (f) Any electrical refuge alternative
(c) If ventilation is not restored with- components exposed to the mine at-
in 15 minutes after a main mine fan mosphere shall be approved as intrinsi-
stops cally safe for use during fan stoppages.
518
Any electrical refuge alternative com- work or travel shall contain at least
ponents located inside the refuge alter- 19.5 percent oxygen, and carbon dioxide
native shall be either approved as in- levels shall not exceed 0.5 percent time
trinsically safe or approved as permis- weighted average and 3.0 percent short
sible for use during fan stoppages. term exposure limit.
[61 FR 9829, Mar. 11, 1996, as amended at 73 (b) Notwithstanding the provisions of
FR 80697, Dec. 31, 2008] 75.322, for the purpose of preventing
explosions from gases other than meth-
75.320 Air quality detectors and ane, the following gases shall not be
measurement devices.
permitted to accumulate in excess of
(a) Tests for methane shall be made the concentrations listed below:
by a qualified person with MSHA ap- (1) Carbon monoxide (CO)2.5 per-
proved detectors that are maintained
cent
in permissible and proper operating
condition and calibrated with a known (2) Hydrogen (H2).80 percent
methane-air mixture at least once (3) Hydrogen sulfide (H2 S).80 per-
every 31 days. cent
(b) Tests for oxygen deficiency shall (4) Acetylene (C2 H2).40 percent
be made by a qualified person with (5) Propane (C3 H8).40 percent
MSHA approved oxygen detectors that (6) MAPP (methyl-acetylene-pro-
are maintained in permissible and pylene-propodiene).30 percent
proper operating condition and that
can detect 19.5 percent oxygen with an 75.322 Harmful quantities of noxious
accuracy of 0.5 percent. The oxygen gases.
detectors shall be calibrated at the Concentrations of noxious or poi-
start of each shift that the detectors sonous gases, other than carbon diox-
will be used. ide, shall not exceed the threshold
(c) Handheld devices that contain
limit values (TLV) as specified and ap-
electrical components and that are
plied by the American Conference of
used for measuring air velocity, carbon
monoxide, oxides of nitrogen, and other Governmental Industrial Hygienists in
gases shall be approved and maintained Threshold Limit Values for Substance
in permissible and proper operating in Workroom Air (1972). Detectors or
condition. laboratory analysis of mine air samples
(d) An oxygen detector approved by shall be used to determine the con-
MSHA shall be used to make tests for centrations of harmful, noxious, or poi-
oxygen deficiency required by the regu- sonous gases. This incorporation by
lations in this part. Permissible flame reference has been approved by the Di-
safety lamps may only be used as a rector of the Federal Register in ac-
supplementary testing device. cordance with 5 U.S.C. 552(a) and 1 CFR
(e) Maintenance of instruments re- part 51. Copies are available from the
quired by paragraphs (a) through (d) of Mine Safety and Health Administra-
this section shall be done by persons tion, Department of Labor, 1100 Wilson
trained in such maintenance. Blvd., Room 2424, Arlington, Virginia
222093939 and at every MSHA Coal
75.321 Air quality.
Mine Safety and Health district office.
(a)(1) The air in areas where persons The material is available for examina-
work or travel, except as specified in tion at the National Archives and
paragraph (a)(2) of this section, shall Records Administration (NARA). For
contain at least 19.5 percent oxygen information on the availability of this
and not more than 0.5 percent carbon
material at NARA, call 2027416030, or
dioxide, and the volume and velocity of
go to: http://www.archives.gov/
the air current in these areas shall be
federallregister/
sufficient to dilute, render harmless,
and carry away flammable, explosive, codeloflfederallregulations/
noxious, and harmful gases, dusts, ibrllocations.html.
smoke, and fumes. [61 FR 26442, May 28, 1996, as amended at 67

(2) The air in areas of bleeder entries FR 38386, June 4, 2002; 71 FR 16668, Apr. 3,
and worked-out areas where persons 2006]
519
75.323 30 CFR Ch. I (7115 Edition)
75.323 Actions for excessive methane. (i) Everyone except those persons re-
(a) Location of tests. Tests for meth- ferred to in 104(c) of the Act shall be
ane concentrations under this section withdrawn from the affected area;
shall be made at least 12 inches from (ii) Other than intrinsically safe
the roof, face, ribs, and floor. AMS, equipment in the affected area
(b) Working places and intake air shall be deenergized, electric power
courses. (1) When 1.0 percent or more shall be disconnected at the power
methane is present in a working place source, and other mechanized equip-
or an intake air course, including an ment shall be shut off; and
air course in which a belt conveyor is (iii) No other work shall be permitted
located, or in an area where mecha- in the affected area until the methane
nized mining equipment is being in- concentration in the return air is less
stalled or removed than 1.0 percent.
(i) Except intrinsically safe atmos- (d) Return air split alternative. (1) The
pheric monitoring systems (AMS), provisions of this paragraph apply if
electrically powered equipment in the (i) The quantity of air in the split
affected area shall be deenergized, and ventilating the active workings is at
other mechanized equipment shall be least 27,000 cubic feet per minute in the
shut off; last open crosscut or the quantity spec-
(ii) Changes or adjustments shall be ified in the approved ventilation plan,
made at once to the ventilation system whichever is greater;
to reduce the concentration of methane (ii) The methane content of the air in
to less than 1.0 percent; and the split is continuously monitored
(iii) No other work shall be permitted during mining operations by an AMS
in the affected area until the methane that gives a visual and audible signal
concentration is less than 1.0 percent. on the working section when the meth-
(2) When 1.5 percent or more methane ane in the return air reaches 1.5 per-
is present in a working place or an in- cent, and the methane content is mon-
take air course, including an air course itored as specified in 75.351; and
in which a belt conveyor is located, or (iii) Rock dust is continuously ap-
in an area where mechanized mining plied with a mechanical duster to the
equipment is being installed or re- return air course during coal produc-
moved tion at a location in the air course im-
(i) Everyone except those persons re- mediately outby the most inby moni-
ferred to in 104(c) of the Act shall be toring point.
withdrawn from the affected area; and (2) When 1.5 percent or more methane
(ii) Except for intrinsically safe is present in a return air split between
AMS, electrically powered equipment a point in the return opposite the sec-
in the affected area shall be discon- tion loading point and where that split
nected at the power source. of air meets another split of air or
(c) Return air split. (1) When 1.0 per- where the split of air is used to venti-
cent or more methane is present in a late seals or worked-out areas
return air split between the last work- (i) Changes or adjustments shall be
ing place on a working section and made at once to the ventilation system
where that split of air meets another to reduce the concentration of methane
split of air, or the location at which in the return air below 1.5 percent;
the split is used to ventilate seals or (ii) Everyone except those persons re-
worked-out areas changes or adjust- ferred to in 104(c) of the Act shall be
ments shall be made at once to the withdrawn from the affected area;
ventilation system to reduce the con- (iii) Except for intrinsically safe
centration of methane in the return air AMS, equipment in the affected area
to less than 1.0 percent. shall be deenergized, electric power
(2) When 1.5 percent or more methane shall be disconnected at the power
is present in a return air split between source, and other mechanized equip-
the last working place on a working ment shall be shut off; and
section and where that split of air (iv) No other work shall be permitted
meets another split of air, or the loca- in the affected area until the methane
tion where the split is used to ventilate concentration in the return air is less
seals or worked-out areas than 1.5 percent.
520
(e) Bleeders and other return air (2) The quantity of air reaching the
courses. The concentration of methane working face shall be determined at or
in a bleeder split of air immediately near the face end of the line curtain,
before the air in the split joins another ventilation tubing, or other ventilation
split of air, or in a return air course control device. If the curtain, tubing,
other than as described in paragraphs or device extends beyond the last row
(c) and (d) of this section, shall not ex- of permanent roof supports, the quan-
ceed 2.0 percent. tity of air reaching the working face
shall be determined behind the line
75.324 Intentional changes in the curtain or in the ventilation tubing at
ventilation system. or near the last row of permanent sup-
(a) A person designated by the oper- ports. When machine-mounted dust
ator shall supervise any intentional collectors are used in conjunction with
change in ventilation that blowing face ventilation systems, the
(1) Alters the main air current or any quantity of air reaching the working
split of the main air current in a man- face shall be determined with the dust
ner that could materially affect the collector turned off.
safety or health of persons in the mine; (3) If machine mounted dust collec-
or tors or diffuser fans are used, the ap-
(2) Affects section ventilation by proved ventilation plan shall specify
9,000 cubic feet per minute of air or the operating volume of the dust col-
more in bituminous or lignite mines, or lector or diffuser fan.
5,000 cubic feet per minute of air or (b) In bituminous and lignite mines,
more in anthracite mines. the quantity of air reaching the last
(b) Intentional changes shall be made open crosscut of each set of entries or
only under the following conditions: rooms on each working section and the
(1) Electric power shall be removed quantity of air reaching the intake end
from areas affected by the ventilation of a pillar line shall be at least 9,000
change and mechanized equipment in cubic feet per minute unless a greater
those areas shall be shut off before the quantity is required to be specified in
ventilation change begins. the approved ventilation plan. This
(2) Only persons making the change minimum also applies to sections
in ventilation shall be in the mine. which are not operating but are capa-
(3) Electric power shall not be re- ble of producing coal by simply ener-
stored to the areas affected by the ven- gizing the equipment on the section.
tilation change and mechanized equip- (c) In longwall and shortwall mining
ment shall not be restarted until a cer- systems
tified person has examined these areas (1) The quantity of air shall be at
for methane accumulation and for oxy- least 30,000 cubic feet per minute reach-
gen deficiency and has determined that ing the working face of each longwall,
the areas are safe. unless the operator demonstrates that
a lesser air quantity will maintain con-
75.325 Air quantity. tinual compliance with applicable
(a)(1) In bituminous and lignite methane and respirable dust standards.
mines the quantity of air shall be at This lesser quantity shall be specified
least 3,000 cubic feet per minute reach- in the approved ventilation plan. A
ing each working face where coal is quantity greater than 30,000 cubic feet
being cut, mined, drilled for blasting, per minute may be required to be speci-
or loaded. When a greater quantity is fied in the approved ventilation plan.
necessary to dilute, render harmless, (2) The velocity of air that will be
and carry away flammable, explosive, provided to control methane and res-
noxious, and harmful gases, dusts, pirable dust in accordance with appli-
smoke, and fumes, this quantity shall cable standards on each longwall or
be specified in the approved ventilation shortwall and the locations where
plan. A minimum air quantity may be these velocities will be provided shall
required to be specified in the approved be specified in the approved ventilation

ventilation plan for other working plan. The locations specified shall be at
places or working faces. least 50 feet but no more than 100 feet
521
75.325 30 CFR Ch. I (7115 Edition)
from the headgate and tailgate, respec- proval plates of all the diesel-powered
tively. equipment on the working section or in
(d) Ventilation shall be maintained the area where mechanized mining
during installation and removal of equipment is being installed or re-
mechanized mining equipment. The ap- moved. The minimum ventilating air
proved ventilation plan shall specify quantity shall be specified in the ap-
the minimum quantity of air, the loca- proved ventilation plan. For working
tions where this quantity will be pro- sections such air quantity must be
vided and the ventilation controls re- maintained
quired. (1) In the last open crosscut of each
(e) In anthracite mines, the quantity set of entries or rooms in each working
of air shall be as follows: section;
(1) At least 1,500 cubic feet per (2) In the intake, reaching the work-
minute reaching each working face ing face of each longwall; and
where coal is being mined, unless a (3) At the intake end of any pillar
greater quantity is required to be spec- line.
ified in the approved ventilation plan. (h) The following equipment may be
(2) At least 5,000 cubic feet per excluded from the calculations of ven-
minute passing through the last open tilating air quantity under paragraph
crosscut in each set of entries or rooms (g) if such equipment exclusion is ap-
and at the intake end of any pillar line, proved by the district manager and
unless a greater quantity is required to specified in the ventilation plan:
be specified in the approved ventilation (1) Self-propelled equipment meeting
plan. the requirements of 75.1908(b);
(3) When robbing areas where air cur- (2) Equipment that discharges its ex-
rents cannot be controlled and air haust into intake air that is coursed
measurements cannot be obtained, the directly to a return air course;
air shall have perceptible movement. (3) Equipment that discharges its ex-
(f) The minimum ventilating air haust directly into a return air course;
quantity for an individual unit of die- and
sel-powered equipment being operated

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Title 30

Revised as of July 1, 2015

Containing a codification of documents

Published by the Office of the Federal Register

Legal Status and Use of Seals and Logos

Use of ISBN Prefix

U.S. GOVERNMENT PUBLISHING OFFICE

U.S. Superintendent of Documents Washington, DC 204020001

Chapter IMine Safety and Health Administration, Department

Table of CFR Titles and Chapters ....................................................... 761

Alphabetical List of Agencies Appearing in the CFR ......................... 781

List of CFR Sections Affected ............................................................. 791

To cite the regulations in

JOHN HYRUM MARTINEZ,

Title 30MINERAL RESOURCES is composed of three volumes. The parts in these

CHAPTER IMine Safety and Health Administration, De-

EDITORIAL NOTE: Nomenclature changes to chapter I appear at 69 FR 18803, Apr. 9, 2004.

SUBCHAPTER AOFFICIAL EMBLEM AND OMB CONTROL NUMBERS FOR

5 Fees for testing, evaluation, and approval of min-

35 Fire-resistant hydraulic fluids ................................ 182

SUBCHAPTER GFILING AND OTHER ADMINISTRATIVE REQUIREMENTS

40 Representative of miners ........................................ 202

46 Training and retraining of miners engaged in shell

50 Notification, investigation, reports and records of

SUBCHAPTER KMETAL AND NONMETAL MINE SAFETY AND HEALTH

56 Safety and health standardssurface metal and

SUBCHAPTER MUNIFORM MINE HEALTH REGULATIONS

62 Occupational noise exposure ................................... 441

SUBCHAPTER OCOAL MINE SAFETY AND HEALTH

70 Mandatory health standardsunderground coal

100 Criteria and procedures for proposed assessment of

104 Pattern of violations ............................................... 757

AUTHORITY: 30 U.S.C. 957; 44 U.S.C. 3501

3.1 OMB control numbers.

7.4 ............................................................ 12190066

TABLE 1OMB CONTROL NUMBERS TABLE 1OMB CONTROL NUMBERS

7.23 .......................................................... 12190066 41.20 ........................................................ 12190042

40.3 .......................................................... 12190042 57.5040 .................................................... 12190003

TABLE 1OMB CONTROL NUMBERS TABLE 1OMB CONTROL NUMBERS

57.5065 .................................................... 12190135 75.215 ...................................................... 12190004

75.160 ...................................................... 12190127 75.17163 ................................................ 12190020

TABLE 1OMB CONTROL NUMBERS TABLE 1OMB CONTROL NUMBERS

75.1904 .................................................... 12190119 77.10001 ................................................ 12190026

(3) Participation in research con- of minor changes to previously ap-

provided in the listing. MSHA will no- PART 7TESTING BY APPLICANT OR

Subpart EDiesel Engines Intended for Use 7.409 Approval markings.

cables and cable splices. ment to ensure conformity with the

Equivalent non-MSHA product safety tive responsible for answering any

permit an MSHA official to be present nized standards and use instruments

(c) Control production documenta- (d) If a product poses an imminent

standards specified in 7.10(c)(1)(i) mitted under existing requirements

pressures during these tests that ex- 7.23 Application requirements.

(8) Resin: type, supplier, the sup-

tional area measuring 2 feet 7 inches 25 seconds or until 1 foot of material,

cient information to document compli- graph (a)(1) of this section.

cally affect the sample. The testing ap-

(3) After 7 days, record the condition 7.62 Definitions.

mal operation of the blasting unit, the

to dissipate any electric charge re- terminals 10 milliseconds after oper-

(3) One ohm.

(5) There shall be no water inside the 7.71 Approval checklist.

Corrosion-resistant material. Material Steady-state condition. Diesel engine

Rated speed. Speed at which the rated (11) Turbocharger, if applicable;