CFR 2020 Title30 Vol1 Chapi

Title 30—Mineral
Resources
(This book contains parts 1 to 199)
Part
CHAPTER I—Mine Safety and Health Administration, De-

partment of Labor .............................................................. 1
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CHAPTER I—MINE SAFETY AND HEALTH
ADMINISTRATION, DEPARTMENT OF LABOR
EDITORIAL NOTE: Nomenclature changes to chapter I appear at 69 FR 18803, Apr. 9, 2004.
SUBCHAPTER A—OFFICIAL 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 B—TESTING, 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 ............................................................ 170
33 Dust collectors for use in connection with rock
drilling in coal mines ........................................... 175
35 Fire-resistant hydraulic fluids ................................ 182
30 CFR Ch. I (7–1–20 Edition)
Part Page
36 Approval requirements for permissible mobile die-
sel-powered transportation equipment ................ 189
SUBCHAPTERS C–F [RESERVED]
SUBCHAPTER G—FILING AND OTHER ADMINISTRATIVE REQUIREMENTS
40 Representative of miners ........................................ 203

41 Notification of legal identity .................................. 204
42 National Mine Health and Safety Academy ............ 206
43 Procedures for processing hazardous conditions
complaints ............................................................ 207
44 Rules of practice for petitions for modification of
mandatory safety standards ................................. 210
45 Independent contractors ......................................... 222
SUBCHAPTER H—EDUCATION 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 ............................................ 224
47 Hazard Communication (HazCom) .......................... 232
48 Training and retraining of miners .......................... 240
49 Mine rescue teams ................................................... 260
SUBCHAPTER I—ACCIDENTS, INJURIES, ILLNESSES, EMPLOYMENT, AND
PRODUCTION IN MINES
50 Notification, investigation, reports and records of

accidents, injuries, illnesses, employment, and
coal production in mines ...................................... 274
SUBCHAPTER J [RESERVED]
SUBCHAPTER K—METAL AND NONMETAL MINE SAFETY AND HEALTH
56 Safety and health standards—surface metal and

nonmetal mines .................................................... 285
57 Safety and health standards—underground metal
and nonmetal mines ............................................. 341
Mine Safety and Health Admin., Labor
Part Page
58 Health standards for metal and nonmetal mines .... 443
SUBCHAPTER L [RESERVED]
SUBCHAPTER M—UNIFORM MINE HEALTH REGULATIONS
62 Occupational noise exposure ................................... 444

SUBCHAPTER N [RESERVED]
SUBCHAPTER O—COAL MINE SAFETY AND HEALTH
70 Mandatory health standards—underground coal

mines .................................................................... 452
71 Mandatory health standards—surface coal mines
and surface work areas of underground coal
mines .................................................................... 466
72 Health standards for coal mines .............................. 480
74 Coal mine dust sampling devices ............................ 485
75 Mandatory safety standards—underground coal
mines .................................................................... 496
77 Mandatory safety standards, surface coal mines
and surface work areas of underground coal
mines .................................................................... 679
90 Mandatory health standards—coal miners who
have evidence of the development of pneumo-
coniosis ................................................................ 735
SUBCHAPTER P—CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL
MINE SAFETY AND HEALTH ACT OF 1977
100 Criteria and procedures for proposed assessment of

civil penalties ....................................................... 747
101–103 [Reserved]
SUBCHAPTER Q—PATTERN OF VIOLATIONS
104 Pattern of violations ............................................... 761

105–199 [Reserved]
SUBCHAPTER A—OFFICIAL EMBLEM AND OMB CONTROL
NUMBERS FOR RECORDKEEPING AND REPORTING
PART 1—MINE 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. 95–164, 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. 91–173 clothing and uniforms, and offices of
as amended by Pub. L. 95–164, 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 3—OMB 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 1—OMB 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 B—Testing, Evaluation, and Approval of
of Labor’’ and below the letters and ac- Mining Products
ronym appear the words ‘‘Mine Safety 6.10 .......................................................... 1219–0066
and Health Administration.’’ 7.3 ............................................................ 1219–0066
7.4 ............................................................ 1219–0066

[39 FR 23997, June 28, 1974, as amended at 43 7.6 ............................................................ 1219–0066
FR 12312, Mar. 24, 1978] 7.7 ............................................................ 1219–0066
7
EC22OC91.000</GPH>
§ 3.1 30 CFR Ch. I (7–1–20 Edition)
TABLE 1—OMB CONTROL NUMBERS— TABLE 1—OMB CONTROL NUMBERS—

Continued Continued
30 CFR Citation OMB Control No. 30 CFR Citation OMB Control No.
7.23 .......................................................... 1219–0066 41.20 ........................................................ 1219–0042

7.27 .......................................................... 1219–0066 43.4 .......................................................... 1219–0014
7.28 .......................................................... 1219–0066 43.7 .......................................................... 1219–0014
7.29 .......................................................... 1219–0066 44.9 .......................................................... 1219–0065
7.30 .......................................................... 1219–0066 44.10 ........................................................ 1219–0065
7.43 .......................................................... 1219–0066 44.11 ........................................................ 1219–0065
7.46 .......................................................... 1219–0066 45.3 .......................................................... 1219–0040
7.47 .......................................................... 1219–0066 45.4 .......................................................... 1219–0040
7.48 .......................................................... 1219–0066
7.49 .......................................................... 1219–0066 Subchapter H—Education and Training
7.51 .......................................................... 1219–0066
7.63 .......................................................... 1219–0066 46.3 .......................................................... 1219–0131
7.69 .......................................................... 1219–0066 46.5 .......................................................... 1219–0131
7.71 .......................................................... 1219–0066 46.6 .......................................................... 1219–0131
7.83 .......................................................... 1219–0066 46.7 .......................................................... 1219–0131
7.90 .......................................................... 1219–0066 46.8 .......................................................... 1219–0131
7.97 .......................................................... 1219–0066 46.9 .......................................................... 1219–0131
7.105 ........................................................ 1219–0066 46.11 ........................................................ 1219–0131
7.108 ........................................................ 1219–0066 47.31 ........................................................ 1219–0133
7.303 ........................................................ 1219–0066 47.32 ........................................................ 1219–0133
7.306 ........................................................ 1219–0066 47.32(a)(4) ............................................... 1219–0133
7.309 ........................................................ 1219–0066 47.41 ........................................................ 1219–0133
7.311 ........................................................ 1219–0066 47.51 ........................................................ 1219–0133
7.403 ........................................................ 1219–0066 47.71 ........................................................ 1219–0133
7.407 ........................................................ 1219–0066 47.73 ........................................................ 1219–0133
7.408 ........................................................ 1219–0066 48.3 .......................................................... 1219–0009, –0141
7.409 ........................................................ 1219–0066 48.9 .......................................................... 1219–0009
7.411 ........................................................ 1219–0066 48.23 ........................................................ 1219–0009
15.4 .......................................................... 1219–0066 48.29 ........................................................ 1219–0009
15.8 .......................................................... 1219–0066 49.2 .......................................................... 1219–0078
18.6 .......................................................... 1219–0066 49.3 .......................................................... 1219–0078
18.15 ........................................................ 1219–0066 49.4 .......................................................... 1219–0078
18.53 ........................................................ 1219–0066, –0116 49.6 .......................................................... 1219–0078
18.81 ........................................................ 1219–0066 49.7 .......................................................... 1219–0078
18.82 ........................................................ 1219–0066 49.8 .......................................................... 1219–0078
18.93 ........................................................ 1219–0066 49.9 .......................................................... 1219–0078
18.94 ........................................................ 1219–0066 49.12 ........................................................ 1219–0144
19.3 .......................................................... 1219–0066 49.16 ........................................................ 1219–0144
19.13 ........................................................ 1219–0066 49.18 ........................................................ 1219–0144
20.3 .......................................................... 1219–0066 49.50 ........................................................ 1219–0144
20.14 ........................................................ 1219–0066
22.4 .......................................................... 1219–0066 Subchapter I—Accidents, Injuries, Illnesses, Employment,
22.8 .......................................................... 1219–0066 and Production in Mines
22.11 ........................................................ 1219–0066
23.3 .......................................................... 1219–0066 50.10 ........................................................ 1219–0007, –0141
23.7 .......................................................... 1219–0066 50.11 ........................................................ 1219–0007, –0141
23.10 ........................................................ 1219–0066 50.20 ........................................................ 1219–0007
23.12 ........................................................ 1219–0066 50.30 ........................................................ 1219–0007
23.14 ........................................................ 1219–0066
27.4 .......................................................... 1219–0066 Subchapter K—Metal and Nonmetal Mine Safety and
27.6 .......................................................... 1219–0066 Health
27.11 ........................................................ 1219–0066
28.10 ........................................................ 1219–0066 56.1000 .................................................... 1219–0042
28.23 ........................................................ 1219–0066 56.3203(a) ............................................... 1219–0121
28.25 ........................................................ 1219–0066 56.5005 .................................................... 1219–0048
28.30 ........................................................ 1219–0066 56.13015 .................................................. 1219–0089
28.31 ........................................................ 1219–0066 56.13030 .................................................. 1219–0089
33.6 .......................................................... 1219–0066 56.14100 .................................................. 1219–0089
33.12 ........................................................ 1219–0066 56.18002 .................................................. 1219–0089
35.6 .......................................................... 1219–0066 56.19022 .................................................. 1219–0034
35.10 ........................................................ 1219–0066 56.19023 .................................................. 1219–0034
35.12 ........................................................ 1219–0066 56.19057 .................................................. 1219–0049
36.6 .......................................................... 1219–0066 56.19121 .................................................. 1219–0034
36.12 ........................................................ 1219–0066 57.1000 .................................................... 1219–0042
57.3203(a) ............................................... 1219–0121
Subchapter G—Filing and Other Administrative 57.3461 .................................................... 1219–0097
Requirements 57.5005 .................................................... 1219–0048
57.5037 .................................................... 1219–0003
40.3 .......................................................... 1219–0042 57.5040 .................................................... 1219–0003

40.4 .......................................................... 1219–0042 57.5047 .................................................... 1219–0039
40.5 .......................................................... 1219–0042 57.5060 .................................................... 1219–0135
Mine Safety and Health Admin., Labor § 3.1

Continued Continued
57.5065 .................................................... 1219–0135 75.215 ...................................................... 1219–0004

57.5066 .................................................... 1219–0135 75.220 ...................................................... 1219–0004
57.5067 .................................................... 1219–0135 75.221 ...................................................... 1219–0004
57.5070 .................................................... 1219–0135 75.222 ...................................................... 1219–0004
57.5071 .................................................... 1219–0135 75.223 ...................................................... 1219–0004
57.5075 .................................................... 1219–0135 75.310 ...................................................... 1219–0088
57.8520 .................................................... 1219–0016 75.312 ...................................................... 1219–0088
57.8525 .................................................... 1219–0016 75.335 ...................................................... 1219–0142
57.11053 .................................................. 1219–0046 75.336 ...................................................... 1219–0142
57.13015 .................................................. 1219–0089 75.337 ...................................................... 1219–0142
57.13030 .................................................. 1219–0089 75.338 ...................................................... 1219–0142
57.14100 .................................................. 1219–0089 75.342 ...................................................... 1219–0088
57.18002 .................................................. 1219–0089 75.350 ...................................................... 1219–0138
57.19022 .................................................. 1219–0034 75.351 ...................................................... 1219–0088,
57.19023 .................................................. 1219–0034 –0116, –0138
57.19057 .................................................. 1219–0049 75.352 ...................................................... 1219–0138
57.19121 .................................................. 1219–0034 75.360 ...................................................... 1219–0088
57.22004(c) .............................................. 1219–0103 75.361 ...................................................... 1219–0088
57.22204 .................................................. 1219–0030 75.362 ...................................................... 1219–0088
57.22229 .................................................. 1219–0103 75.363 ...................................................... 1219–0088
57.22230 .................................................. 1219–0103 75.364 ...................................................... 1219–0088
57.22231 .................................................. 1219–0103 75.370 ...................................................... 1219–0088
57.22239 .................................................. 1219–0103 75.371 ...................................................... 1219–0088, –0138
57.22401 .................................................. 1219–0096 75.372 ...................................................... 1219–0073
57.22606 .................................................. 1219–0095 75.373 ...................................................... 1219–0073
75.382 ...................................................... 1219–0088
Subchapter M—Uniform Mine Health Regulations 75.512 ...................................................... 1219–0116
75.703 ...................................................... 1219–0116
62.110 ...................................................... 1219–0120 75.703–3 .................................................. 1219–0116
62.130 ...................................................... 1219–0120 75.800 ...................................................... 1219–0116
62.170 ...................................................... 1219–0120 75.800–4 .................................................. 1219–0116
62.171 ...................................................... 1219–0120 75.820 ...................................................... 1210–0116
62.172 ...................................................... 1219–0120 75.821 ...................................................... 1219–0116
62.173 ...................................................... 1219–0120 75.900 ...................................................... 1219–0116
62.174 ...................................................... 1219–0120 75.900–4 .................................................. 1219–0116
62.175 ...................................................... 1219–0120 75.1001–1 ................................................ 1219–0116
62.180 ...................................................... 1219–0120 75.1100–3 ................................................ 1219–0054
62.190 ...................................................... 1219–0120 75.1103–8 ................................................ 1219–0054
75.1103–11 .............................................. 1219–0054
Subchapter O—Coal Mine Safety and Health 75.1200 .................................................... 1219–0073
75.1200–1 ................................................ 1219–0073
70.201(c) .................................................. 1219–0011 75.1201 .................................................... 1219–0073
70.202(b) ................................................. 1219–0011 75.1202 .................................................... 1219–0073
70.204 ...................................................... 1219–0011 75.1202–1 ................................................ 1219–0073
70.209 ...................................................... 1219–0011 75.1203 .................................................... 1219–0073
70.210 ...................................................... 1219–0011 75.1204 .................................................... 1219–0073
70.220 ...................................................... 1219–0011 75.1204–1 ................................................ 1219–0073
70.220(a) ................................................. 1219–0011 75.1321 .................................................... 1219–0025
71.201(c) .................................................. 1219–0011 75.1327 .................................................... 1219–0025
71.202(b) ................................................. 1219–0011 75.1400–2 ................................................ 1219–0034
71.204 ...................................................... 1219–0011 75.1400–4 ................................................ 1219–0034
71.209 ...................................................... 1219–0011 75.1432 .................................................... 1219–0034
71.210 ...................................................... 1219–0011 75.1433 .................................................... 1219–0034
71.220 ...................................................... 1219–0011 75.1501 .................................................... 1219–0054
71.220(a) ................................................. 1219–0011 75.1502 .................................................... 1219–0054, –0141
71.300 ...................................................... 1219–0011 75.1504 .................................................... 1219–0141
71.301 ...................................................... 1219–0011 75.1505 .................................................... 1219–0141
71.301(d) ................................................. 1219–0011 75.1702 .................................................... 1219–0041
71.403 ...................................................... 1219–0024 75.1712–4 ................................................ 1219–0024
71.404 ...................................................... 1219–0024 75.1712–5 ................................................ 1219–0024
72.500 ...................................................... 1219–0124 75.1713–1 ................................................ 1219–0078
72.503 ...................................................... 1219–0124 75.1714–3 ................................................ 1219–0141
72.510 ...................................................... 1219–0124 75.1714–3(e) ........................................... 1219–0044
72.520 ...................................................... 1219–0124 75.1714–4 ................................................ 1219–0044
75.100 ...................................................... 1219–0127 75.1714–5 ................................................ 1219–0141
75.153(a)(2) ............................................. 1219–0001 75.1714–8 ................................................ 1219–0141
75.155 ...................................................... 1219–0127 75.1716 .................................................... 1219–0020
75.159 ...................................................... 1219–0127 75.1716–1 ................................................ 1219–0020
75.160 ...................................................... 1219–0127 75.1716–3 ................................................ 1219–0020

75.161 ...................................................... 1219–0127 75.1721 .................................................... 1219–0073
75.204(a) ................................................. 1219–0121 75.1901 .................................................... 1219–0119
§ 3.1 30 CFR Ch. I (7–1–20 Edition)

Continued Continued
75.1904 .................................................... 1219–0119 77.1000–1 ................................................ 1219–0026

75.1911 .................................................... 1219–0119 77.1101 .................................................... 1219–0051
75.1912 .................................................... 1219–0119 77.1200 .................................................... 1219–0073
75.1914 .................................................... 1219–0119 77.1201 .................................................... 1219–0073
75.1915 .................................................... 1219–0119, –0124 77.1202 .................................................... 1219–0073
77.100 ...................................................... 1219–0127 77.1404 .................................................... 1219–0034
77.103(a)(2) ............................................. 1219–0001 77.1432 .................................................... 1219–0034
77.105 ...................................................... 1219–0127 77.1433 .................................................... 1219–0034
77.106 ...................................................... 1219–0127 77.1702 .................................................... 1219–0078
77.107 ...................................................... 1219–0127 77.1713 .................................................... 1219–0083
77.107–1 .................................................. 1219–0127 77.1900 .................................................... 1219–0019
77.215 ...................................................... 1219–0015 77.1901 .................................................... 1219–0082
77.215–2 .................................................. 1219–0015 77.1906 .................................................... 1219–0034
77.215–3 .................................................. 1219–0015 77.1909–1 ................................................ 1219–0025
77.215–4 .................................................. 1219–0015 90.201(c) .................................................. 1219–0011
77.216–2 .................................................. 1219–0015 90.202(b) ................................................. 1219–0011
77.216–3 .................................................. 1219–0015 90.204 ...................................................... 1219–0011
77.216–4 .................................................. 1219–0015 90.209 ...................................................... 1219–0011
77.216–5 .................................................. 1219–0015 90.220 ...................................................... 1219–0011
77.502 ...................................................... 1219–0116 90.300 ...................................................... 1219–0011
77.800 ...................................................... 1219–0116 90.301 ...................................................... 1219–0011
77.800–2 .................................................. 1219–0116 90.301(d) ................................................. 1219–0011
77.900 ...................................................... 1219–0116
77.900–2 .................................................. 1219–0116
77.1000 .................................................... 1219–0026 [73 FR 36790, June 30, 2008]
10
SUBCHAPTER B—TESTING, EVALUATION, AND APPROVAL
OF MINING PRODUCTS
PART 5—FEES FOR TESTING, EVAL- (iv) Information Technology and

UATION, AND APPROVAL OF other services the Department of Labor
MINING PRODUCTS provides to the A&CC.
(c) Fees are charged for—
Sec. (1) Application processing (e.g., ad-
5.10 Purpose and scope. ministrative and technical review of
5.30 Fee calculation. applications, computer tracking, and
5.40 Fee administration. status reporting);
5.50 Fee revisions. (2) Testing and evaluation (e.g., anal-
AUTHORITY: 30 U.S.C. 957. ysis of drawings, technical evaluation,
SOURCE: 80 FR 45056, July 29, 2015, unless
testing, test set up and test tear down,
otherwise noted. and internal quality control activities);
(3) Approval decisions (e.g., consulta-
§ 5.10 Purpose and scope. tion on applications, records control
This part establishes a system under and security, document preparation);
which MSHA charges a fee for services and
provided. This part includes the man- (4) Two post-approval activities:
agement and calculation of fees for the changes to approvals and post-approval
approval program, which includes: Ap- product audits.
plication processing, testing and eval- (d) Fees are not charged for—
uation, approval decisions, post-ap- (1) Technical assistance not related
proval activities, and termination of to processing an approval application;
approvals. (2) Technical programs, including de-
velopment of new technology pro-
§ 5.30 Fee calculation.
grams;
(a) Fee calculation. MSHA charges a (3) Participation in research con-
fee based on an hourly rate for Ap- ducted by other government agencies
proval and Certification Center (A&CC) or private organizations; and
approval program activities and other (4) Regulatory review activities, in-
associated costs, such as travel excluding participation in the develop-
penses and part 15 fees. Part 15 fees for ment of health and safety standards,
services provided to MSHA by other or- regulations, and legislation.
ganizations may be set by those orga-
(e) Fee estimate. Except as provided in
nizations.
paragraphs (e)(1) and (2) of this section,
(b) Hourly rate calculation. The hourly
rate consists of direct and indirect on completion of an initial administra-
costs of the A&CC’s approval program tive review of the application, the
divided by the number of direct hours A&CC will prepare a maximum fee esti-
worked on all approval program activi- mate for each application. A&CC will
ties. begin the technical evaluation after
(1) Direct costs are compensation and the applicant authorizes the fee esti-
benefit costs for hours worked on ap- mate.
proval program activities. (1) The applicant may pre-authorize
(2) Indirect costs are a proportionate an expenditure for services, and may
share of the following A&CC costs: further choose to pre-authorize either a
(i) Compensation and benefit hours maximum dollar amount or an expend-
worked in support of all A&CC activi- iture without a specified maximum
ties; amount.
(ii) A&CC building and equipment de- (i) All applications containing a pre-
preciation costs; authorization statement will be put in
(iii) A&CC utilities, facility and the queue for the technical evaluation
equipment maintenance, and supplies on completion of an initial administra-

and materials; and tive review.
11
§ 5.40 30 CFR Ch. I (7–1–20 Edition)
(ii) MSHA will concurrently prepare PART 6—TESTING AND EVALUA-

a maximum fee estimate for applica- TION BY INDEPENDENT LABORA-
tions containing a statement pre-au- TORIES AND NON-MSHA PROD-
thorizing a maximum dollar amount, UCT SAFETY STANDARDS
and will provide the applicant with this
estimate. Sec.
(2) Where MSHA’s estimated max- 6.1 Purpose and effective date.
imum fee exceeds the pre-authorized 6.2 Definitions.
maximum dollar amount, the applicant 6.10 Use of independent laboratories.
has the choice of cancelling the action 6.20 MSHA acceptance of equivalent non-
and paying for all work done up to the MSHA product safety standards.
6.30 MSHA listing of equivalent non-MSHA
time of the cancellation, or authorizing
product safety standards.
MSHA’s estimate.
(3) Under the Revised Acceptance AUTHORITY: 30 U.S.C. 957.
Modification Program (RAMP), MSHA SOURCE: 68 FR 36417, June 17, 2003, unless
expedites applications for acceptance otherwise noted.
of minor changes to previously ap-
proved, certified, accepted, or evalu- § 6.1 Purpose and effective date.
ated products. The applicant must pre- This part sets out alternate require-
authorize a fixed dollar amount, set by ments for testing and evaluation of
MSHA, for processing the application. products MSHA approves for use in
(f) If unforeseen circumstances are gassy underground mines. It permits
discovered during the evaluation, and manufacturers of certain products who
MSHA determines that these cir- seek MSHA approval to use an inde-
cumstances would result in the actual pendent laboratory to perform, in
whole or part, the necessary testing
costs exceeding either the pre-author-
and evaluation for approval. It also
ized expenditure or the authorized
permits manufacturers to have their
maximum fee estimate, as appropriate, products approved based on non-MSHA
MSHA will prepare a revised maximum product safety standards once MSHA
fee estimate for completing the evalua- has determined that the non-MSHA
tion. The applicant will have the op- standards are equivalent to MSHA’s
tion of either cancelling the action and applicable product approval require-
paying for services rendered or author- ments or can be modified to provide at
izing MSHA’s revised estimate, in least the same degree of protection as
which case MSHA will continue to test those MSHA requirements. The provi-
and evaluate the product. sions of this part may be used by appli-
(g) If the actual cost of processing cants for product approval under parts
the application is less than MSHA’s 18, 19, 20, 22, 23, 27, 33, 35, and 36. This
maximum fee estimate, MSHA will rule is effective August 18, 2003.
charge the actual cost.
§ 6.2 Definitions.
§ 5.40 Fee administration. The following definitions apply in
Applicants and approval holders will this part.
be billed for all fees, including actual Applicant. An individual or organiza-
travel expenses, if any, when approval tion that manufactures or controls the
program activities are completed. In- assembly of a product and applies to
voices will contain specific payment MSHA for approval of that product.
instruction, including the address to Approval. A written document issued
by MSHA which states that a product
mail payments and authorized methods
has met the applicable requirements of
of payment.
part 18, 19, 20, 22, 23, 27, 33, 35, or 36. The
§ 5.50 Fee revisions. definition is based on the existing defi-
nitions of ‘‘approval’’ in the parts spec-
The hourly rate will remain in effect ified above. It is expanded to include
for at least one year and be subject to ‘‘certification’’ and ‘‘acceptance’’ be-
revision at least once every three cause these terms also are used to de-
years. note MSHA approval.
12
Approval holder. An applicant whose (3) Identification of components or

application for approval of a product features of the product that are critical
under part 18, 19, 20, 22, 23, 27, 33, 35 or to the safety of the product; and
36 of this chapter has been approved by (4) All documentation, including
MSHA. drawings and specifications, as sub-
Equivalent non-MSHA product safety mitted to the independent laboratory
standards. A non-MSHA product safety by the applicant and as required by the
standard, or group of standards, deter- applicable part under this chapter.
mined by MSHA to provide at least the (b) Product testing and evaluation
same degree of protection as the appli- performed by independent laboratories
cable MSHA product approval require- for purposes of MSHA approval must
ments in parts 14, 18, 19, 20, 22, 23, 27, 33, comply with the applicable MSHA
35, and 36, or which in modified form
product approval requirements.
provide at least the same degree of pro-
(c) Product testing and evaluation
tection.
must be conducted or witnessed by the
Independent laboratory. A laboratory
that: laboratory’s personnel.
(1) has been recognized by a labora- (d) After review of the information
tory accrediting organization to test required under paragraphs (a)(1)
and evaluate products to a product through (a)(4) of this section, MSHA
safety standard, and will notify the applicant if additional
(2) is free from commercial, financial, information or testing is required. The
and other pressures that may influence applicant must provide this informa-
the results of the testing and evaluation, arrange any additional or repeat
tion process. tests and notify MSHA of the location,
Post-approval product audit. The ex- date, and time of the test(s). MSHA
amination, testing, or both, by MSHA may observe any additional testing
of approved products selected by MSHA conducted by an independent labora-
to determine whether those products tory. Further, MSHA may decide to
meet the applicable product approval conduct the additional or repeated
requirements and have been manufac- tests at the applicant’s expense. The
tured as approved. applicant must supply any additional
Product safety standard. A document, components necessary for testing and
or group of documents, that specifies evaluation.
the requirements for the testing and (e) Upon request by MSHA, but not
evaluation of a product for use in ex- more than once a year, except for
plosive gas and dust atmospheres, and, cause, approval holders of products ap-
when appropriate, includes documents proved based on independent labora-
addressing the flammability properties tory testing and evaluation must make
of products. such products available for post-ap-
[68 FR 36417, June 17, 2003, as amended at 73 proval audit at a mutually agreeable
FR 80609, Dec. 31, 2008] site at no cost to MSHA.
(f) Once the product is approved, the
§ 6.10 Use of independent laboratories. approval holder must notify MSHA of
(a) MSHA will accept testing and all product defects of which they be-
evaluation performed by an inde- come aware.
pendent laboratory for purposes of
MSHA product approval provided that § 6.20 MSHA acceptance of equivalent
non-MSHA product safety stand-
MSHA receives as part of the applica-
ards.
tion:
(1) Written evidence of the labora- (a) MSHA will accept non-MSHA
tory’s independence and current rec- product safety standards, or groups of
ognition by a laboratory accrediting standards, as equivalent after deter-
organization; mining that they:
(2) Complete technical explanation of (1) Provide at least the same degree
how the product complies with each re- of protection as MSHA’s 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
13
§ 6.30 30 CFR Ch. I (7–1–20 Edition)
(2) Can be modified to provide at be inspected at the U.S. Department of

least the same degree of protection as Labor, Mine Safety and Health Admin-
those MSHA requirements. istration, Electrical Safety Division,
(b) MSHA will publish its intent to Approval and Certification Center, 765
review any non-MSHA product safety Technology Drive, Triadelphia, WV
standard for equivalency in the FED- 26059, and may be purchased from
ERAL REGISTER for the purpose of solic- International Electrical Commission,
iting public input. Central Office 3, rue de Varembé, P.O.
(c) A listing of all equivalency deter- Box 131, CH–1211 GENEVA 20, Switzer-
minations will be published in this part land.
6 and the applicable approval parts. (b) [Reserved]
The listing will state whether MSHA
[71 FR 28583, May 17, 2006, as amended at 73
accepts the non-MSHA product safety
FR 52210, Sept. 9, 2008]
standards in their original form, or
whether MSHA will require modifica-
tions to demonstrate equivalency. If PART 7—TESTING BY APPLICANT OR
modifications are required, they will be THIRD PARTY
provided in the listing. MSHA will no-
tify the public of each equivalency de- Subpart A—General
termination and will publish a sum- Sec.
mary of the basis for its determination. 7.1 Purpose and scope.
MSHA will provide equivalency deter- 7.2 Definitions.
mination reports to the public upon re- 7.3 Application procedures and require-
quest to the Approval and Certification ments.
Center. 7.4 Product testing.
(d) After MSHA has determined that 7.5 Issuance of approval.
non-MSHA product safety standards 7.6 Approval marking and distribution
record.
are equivalent and has notified the
7.7 Quality assurance.
public of such determinations, appli- 7.8 Post-approval product audit.
cants may seek MSHA product ap- 7.9 Revocation.
proval based on such non-MSHA prod- 7.10 MSHA acceptance of equivalent non—
uct safety standards. MSHA product safety standards.
[68 FR 36417, June 17, 2003, as amended at 73 Subpart B—Brattice Cloth and Ventilation
FR 80609, Dec. 31, 2008]
Tubing
§ 6.30 MSHA listing of equivalent non- 7.21 Purpose and effective date.
MSHA product safety standards. 7.22 Definitions.
MSHA evaluated the following non- 7.23 Application requirements.
MSHA product safety standards and de- 7.24 Technical requirements.
termined that they provide at least the 7.25 Critical characteristics.
7.26 Flame test apparatus.
same degree of protection as current 7.27 Test for flame resistance of brattice
MSHA requirements with or without cloth.
modifications as indicated: 7.28 Test for flame resistance of rigid ven-
(a) The International Electro- tilation tubing.
technical Commission’s (IEC) stand- 7.29 Approval marking.
ards for Electrical Apparatus for Ex- 7.30 Post-approval product audit.
plosive Gas Atmospheres, Part 0, Gen- 7.31 New technology.
eral Requirements (IEC 60079–0, Fourth
Subpart C—Battery Assemblies
Edition, 2004–01) and Part 1, Electrical
Apparatus for Explosive Gas 7.41 Purpose and effective date.
Atmospheres, Flameproof Enclosures 7.42 Definitions.
‘‘d’’ (IEC 60079–1, Fifth Edition, 2003–11) 7.43 Application requirements.
must be modified in order to provide at 7.44 Technical requirements.
least the same degree of protection as 7.45 Critical characteristics.
7.46 Impact test.
MSHA explosion-proof enclosure re-
7.47 Deflection temperature test.
quirements included in parts 7 and 18 of 7.48 Acid resistance test.
this chapter. Refer to §§ 7.10(c)(1) and
7.49 Approval marking.

18.6(a)(3)(i) for a list of the required 7.50 Post-approval product audit.
modifications. The IEC standards may 7.51 Approval checklist.
14
7.52 New technology. 7.310 Post-approval product audit.
7.311 Approval checklist.
Subpart D—Multiple-Shot Blasting Units APPENDIX I TO SUBPART J OF PART 7
7.61 Purpose and effective date.
7.62 Definitions. Subpart K—Electric Cables, Signaling
7.63 Application requirements. Cables, and Cable Splice Kits
7.64 Technical requirements.
7.65 Critical characteristics. 7.401 Purpose and effective date.
7.66 Output energy test. 7.402 Definitions.
7.67 Construction test. 7.403 Application requirements.
7.68 Firing line terminals test. 7.404 Technical requirements.
7.69 Approval marking. 7.405 Critical characteristics.
7.70 Post-approval product audit. 7.406 Flame test apparatus.
7.71 Approval checklist. 7.407 Test for flame resistance of electric
7.72 New technology. cables and cable splices.
7.408 Test for flame resistance of signaling
Subpart E—Diesel Engines Intended for Use cables.
in Underground Coal Mines 7.409 Approval markings.
7.410 Post-approval product audit.
7.81 Purpose and effective date. 7.411 New technology.
7.82 Definitions.
7.83 Application requirements. Subpart L—Refuge Alternatives
7.85 Critical characteristics. 7.501 Purpose and scope.
7.86 Test equipment and specifications. 7.502 Definitions.
7.87 Test to determine the maximum fuel- 7.503 Application requirements.
air ratio. 7.504 Refuge alternatives and components;
7.88 Test to determine the gaseous ventila- general requirements.
tion rate. 7.505 Structural components.
7.89 Test to determine the particulate 7.506 Breathable air components.
index. 7.507 Air-monitoring components.
7.90 Approval marking. 7.508 Harmful gas removal components.
7.91 Post-approval product audit. 7.509 Approval markings.
7.92 New technology. 7.510 New technology.
Subpart F—Diesel Power Packages In- AUTHORITY: 30 U.S.C. 957.

tended for Use in Areas of Under- SOURCE: 53 FR 23500, June 22, 1988, unless
ground Coal Mines Where Permissible otherwise noted.
Electric Equipment Is Required
7.95 Purpose and effective date. Subpart A—General
7.96 Definitions.
7.97 Application requirements. § 7.1 Purpose and scope.
7.98 Technical requirements. This part sets out requirements for
7.99 Critical characteristics. MSHA approval of certain equipment
7.100 Explosion tests. and materials for use in underground
7.101 Surface temperature tests.
7.102 Exhaust gas cooling efficiency test.
mines whose product testing and eval-
7.103 Safety system control test. uation does not involve subjective
7.104 Internal static pressure test. analysis. These requirements apply to
7.105 Approval marking. products listed in the subparts fol-
7.106 Post-approval product audit. lowing this Subpart A. After the dates
7.107 New technology. specified in the following subparts, re-
7.108 Power package checklist. quests for approval of products shall be
made in accordance with this Subpart
Subpart J—Electric Motor Assemblies
A and the applicable subpart.
7.301 Purpose and effective date.
7.302 Definitions. § 7.2 Definitions.
7.303 Application requirements. The following definitions apply in
this part.
7.305 Critical characteristics.
7.306 Explosion tests. Applicant. An individual or organiza-
tion that manufactures or controls the
7.307 Static pressure test.

7.308 Lockwasher equivalency test. assembly of a product and that applies
7.309 Approval marking. to MSHA for approval of that product.
15
§ 7.3 30 CFR Ch. I (7–1–20 Edition)
Approval. A document issued by sent to: U.S. Department of Labor,

MSHA which states that a product has Mine Safety and Health Administra-
met the requirements of this part and tion, Approval and Certification Cen-
which authorizes an approval marking ter, 765 Technology Drive, Triadelphia,
identifying the product as approved. WV 26059.
Authorized company official. An indi- (b) Fees. Fees calculated in accord-
vidual designated by applicant who has ance with part 5 of this title shall be
the authority to bind the company. submitted in accordance with § 5.40.
Critical characteristic. A feature of a (c) Original approval. Each applica-
product that, if not manufactured as tion for approval of a product shall in-
approved, could have a direct adverse clude—
effect on safety and for which testing (1) A brief description of the product;
or inspection is required prior to ship- (2) The documentation specified in
ment to ensure conformity with the the appropriate subpart of this part;
technical requirements under which (3) The name, address, and telephone
the approval was issued. number of the applicant’s representa-
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 applicant’s 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
Extension of approval. A document product. Each application for a product
issued by MSHA which states that the similar to one for which the applicant
change to a product previously ap- already holds an approval shall in-
proved by MSHA under this part meets clude—
the requirements of this part and (1) The approval number for the prod-
which authorizes the continued use of uct which most closely resembles the
the approval marking after the appro- new one;
priate extension number has been (2) The information specified in para-
added. graph (c) of this section for the new
Post-approval product audit. Examina- product, except that any document
tion, testing, or both, by MSHA of ap- which is the same as one listed by
proved products selected by MSHA to MSHA in prior approvals need not be
determine whether those products submitted, but shall be noted in the ap-
meet the applicable technical require- plication;
ments and have been manufactured as (3) An explanation of any change
approved. from the existing approval; and
Technical requirements. The design (4) A statement as to whether, in the
and performance requirements for a applicant’s opinion, the change re-
product, as specified in a subpart of quires product testing. If testing is not
this part. proposed, the applicant shall explain
Test procedures. The methods speci- the reasons for not testing.
fied in a subpart of this part used to de- (e) Extension of an approval. Any
termine whether a product meet the change in the approved product from
performance portion of the technical the documentation on file at MSHA
requirements. that affects the technical requirements
[53 FR 23500, June 22, 1988; 53 FR 25569, July of this part shall be submitted to
7, 1988, as amended at 68 FR 36418, June 17, MSHA for approval prior to imple-
2003] menting the change. Each application
for an extension of approval shall in-
§ 7.3 Application procedures and re- clude—
quirements. (1) The MSHA-assigned approval
(a) Application. Requests for an ap- number for the product for which the
proval or extension of approval shall be extension is sought;
16
(2) A brief description of the proposed turer’s specifications, using calibration

change to the previously approved standards traceable to those set by the
product; National Bureau of Standards, U.S. De-
(3) Drawings and specifications which partment of Commerce or other nation-
show the change in detail; ally recognized standards and accurate
(4) A statement as to whether, in the to at least one significant figure be-
applicant’s opinion, the change re- yond the desired accuracy.
quires product testing. If testing is not (c) When MSHA elects to observe
proposed, the applicant shall explain product testing, the applicant shall
the reasons for not testing; permit an MSHA official to be present
(5) The place and date for product at a mutually agreeable date, time, and
testing, if testing will be conducted; place.
and (d) MSHA will accept product testing
(6) The name, address, and telephone conducted outside the United States
number of the applicant’s representa- where such acceptance is specifically
tive responsible for answering any required by international agreement.
questions regarding the application.
(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
the appropriate subpart unless MSHA [53 FR 23500, June 22, 1988, as amended at 60
determines, upon review of the docu- FR 33722, June 29, 1995]
mentation submitted, that testing is
§ 7.7 Quality assurance.
not required. Applicants shall maintain
records of test results and procedures Applicants granted an approval or an
for three years. extension of approval under this part
(b) Unless otherwise specified in the shall—
subpart, test instruments shall be cali- (a) Inspect or test, or both, the crit-
brated at least as frequently as, and ac- ical characteristics in accordance with
cording to, the instrument manufac- the appropriate subpart of this part;
17
§ 7.8 30 CFR Ch. I (7–1–20 Edition)
(b) Unless otherwise specified in the (b) Prior to revoking an approval, the
subparts, calibrate instruments used approval-holder shall be informed in
for the inspection and testing of crit- writing of MSHA’s intention to revoke
ical characteristics at least as fre- approval. The notice shall:
quently as, and according to, the in- (1) Explain the specific reasons for
strument manufacturer’s specifica- the proposed revocation; and
tions, using calibration standards (2) Provide the approval-holder an op-
traceable to those set by the National portunity to demonstrate or achieve
Bureau of Standards, U.S. Department compliance with the product approval
of Commerce or other nationally recog- requirements.
nized standards and use instruments
(c) Upon request, the approval-holder
accurate to at least one significant fig-
shall be afforded an opportunity for a
ure beyond the desired accuracy.
hearing.
(c) Control production documenta-
tion so that the product is manufac- (d) If a product poses an imminent
tured as approved; hazard to the safety or health of min-
(d) Immediately report to the MSHA ers, the approval may be immediately
Approval and Certification Center, any suspended without a written notice of
knowledge of a product distributed the agency’s intention to revoke. The
with critical characteristics not in ac- suspension may continue until the rev-
cordance with the approval specifica- ocation proceedings are completed.
tions.
§ 7.10 MSHA acceptance of equivalent
[53 FR 23500, June 22, 1988, as amended at 60 non-MSHA product safety stand-
FR 33722, June 29, 1995] ards.
§ 7.8 Post-approval product audit. (a) MSHA will accept non-MSHA
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
with the technical requirements upon (1) Provide at least the same degree
which the approval was based. Any ap- of protection as MSHA’s applicable
proved product which is to be audited technical requirements for a product in
shall be selected by MSHA and be rep- the subparts of this part; or
resentative of those distributed for use (2) Can be modified to provide at
in mines. The approval-holder may ob- least the same degree of protection as
tain any final report resulting from those MSHA requirements.
such audit. (b) MSHA will publish its intent to
(b) No more than once a year except review any non-MSHA product safety
for cause, the approval-holder, at standard for equivalency in the FED-
MSHA’s request, shall make an ap- ERAL REGISTER for the purpose of solic-
proved product available at no cost to iting public input.
MSHA for an audit to be conducted at (c) A listing of all equivalency deter-
a mutually agreeable site and time. minations will be published in this part
The approval-holder may observe any 7. The listing will state whether MSHA
tests conducted during this audit. accepts the non-MSHA product safety
(c) An approved product shall be sub- standards in their original form, or
ject to audit for cause at any time whether MSHA will require modifica-
MSHA believes that it is not in compli- tions to demonstrate equivalency. If
ance with the technical requirements modifications are required, they will be
upon which the approval was based. provided in the listing. MSHA will no-
tify the public of each equivalency de-
§ 7.9 Revocation. termination and will publish a sum-
(a) MSHA may revoke for cause an mary of the basis for its determination.
approval issued under this part if the MSHA will provide equivalency deter-
product: mination reports to the public upon re-
(1) Fails to meet the applicable tech- quest to the Approval and Certification
nical requirements; or Center. MSHA has made the following
(2) Creates a hazard when used in a equivalency determinations applicable

mine. to this part 7.
18
(1) MSHA will accept applications for comparable enclosure designed to 150
motors under Subpart J designed and psig according to existing require-
tested to the International Electro- ments, and that flamepath clearances
technical Commission’s (IEC) stand- in excess of existing requirements will
ards for Electrical Apparatus for Ex- not be produced at an internal pressure
plosive Gas Atmospheres, Part 0, Gen- of 150 psig. This shall be verified by ex-
eral Requirements (IEC 60079–0, Fourth plosion testing the enclosure at a min-
Edition, 2004–01) and Part 1, Electrical imum of 150 psig.
Apparatus for Explosive Gas (iii) Enclosures shall be designed to
Atmospheres, Flameproof Enclosures withstand a minimum pressure of at
‘‘d’’ (IEC 60079–1, Fifth Edition, 2003–11) least 150 psig without leakage through
(which are hereby incorporated by ref- any welds or castings, rupture of any
erence and made a part hereof) pro- part that affects explosion-proof integ-
vided the modifications to the IEC rity, clearances exceeding those per-
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 202–741–6030, or go the nearest metric equivalent value
to: http://www.archives.gov/fed- (e.g., 12.5 mm, 19 mm, and 25 mm are
erallregister/ considered equivalent to 1⁄2 inch, 3⁄4
codeloflfederallregulations/ inch and 1 inch respectively for plane
ibrllocations.html. These IEC standards and cylindrical joints). The widths of
may be obtained from International any grooves for o-rings shall be de-
Electrical Commission, Central Office ducted in measuring the widths of
3, rue de Varembé, P.O. Box 131, CH– flame-arresting paths.
1211 GENEVA 20, Switzerland. (vi) Gaskets shall not be used to form
(i) Enclosures associated with an any part of a flame-arresting path. If o-
electric motor assembly shall be made rings are installed within a flamepath,
of metal and not have a compartment the location of the o-rings shall meet
exceeding ten (10) feet in length. Exter- existing requirements.
nal surfaces of enclosures shall not ex- (vii) Cable entries into enclosures
ceed 150 °C (302 °F) in normal operation. shall be of a type that utilizes either
(ii) Enclosures shall be rugged in con- flame-resistant rope packing material
struction and should meet existing re- or sealing rings (grommets). If plugs
quirements for minimum bolt size and and mating receptacles are mounted to
spacing and for minimum wall, cover, an enclosure wall, they shall be of ex-
and flange thicknesses specified in plosion-proof construction. Insulated
paragraph (g)(19) of § 7.304 Technical re- bushings or studs shall not be installed
quirements. Enclosure fasteners should in the outside walls of enclosures. Lead
be uniform in size and length, be pro- entrances utilizing sealing compounds
vided at all corners, and be secured and flexible or rigid metallic conduit
from loosening by lockwashers or are not permitted.
equivalent. An engineering analysis (viii) Unused lead entrances shall be
shall be provided for enclosure designs closed with a metal plug that is se-
that deviate from the existing require- cured by spot welding, brazing, or
ments. The analysis shall show that equivalent.
the proposed enclosure design meets or (ix) Special explosion tests are re-
exceeds the mechanical strength of a quired for electric motor assemblies
19
§ 7.21 30 CFR Ch. I (7–1–20 Edition)
that share leads (electric conductors) on the number of grams in a length of

through a common wall with another 9,000 meters.
explosion-proof enclosure, such as a Film. A sheet of flexible material ap-
motor winding compartment and a con- plied to a scrim by pressure, tempera-
duit box. These tests are required to ture, adhesion, or other method.
determine the presence of any pressure Scrim. A substrate material of plastic
piling conditions in either enclosure or fabric laminated between or coated
when one or more of the insulating bar- with a film.
riers, sectionalizing terminals, or other Ventilation tubing. Rigid or flexible
isolating parts are sequentially re- tubing used to convey ventilating air.
moved from the common wall between
the enclosures. Enclosures that exhibit § 7.23 Application requirements.
pressures during these tests that ex- (a) Brattice cloth. A single application
ceed those specified in existing require- may address two or more products if
ments must be provided with a warning the products differ only in: weight of
tag. The durable warning tag must in- the finished product; weight or weave
dicate that the insulating barriers, sec- of the same fabric or scrim; or thick-
tionalizing terminals, or other iso- ness or layers of the same film. Appli-
lating parts be maintained in order to cations shall include the following in-
insure the explosion-proof integrity for formation:
either enclosure sharing a common (1) Trade name.
wall. A warning tag is not required if (2) Product designations (for exam-
the enclosures withstand a static pres- ple, style and code number).
sure of twice the maximum value ob- (3) Color.
served in the explosion tests. (4) Type of brattice (for example,
(2) [Reserved] plastic or jute).
(5) Weight of finished product.
(d) After MSHA has determined that
(6) Film: type, weight, thickness,
non-MSHA product safety standards
supplier, supplier’s stock number or
are equivalent and has notified the
designation, and percent of finished
public of such determinations, appli-
product by weight.
cants may seek MSHA product ap-
(7) Scrim: Type, denier, weight,
proval based on such non-MSHA prod-
weave, the supplier, supplier’s stock
uct safety standards.
number or designation, and percent of
[68 FR 36418, June 17, 2003, as amended at 71 finished product by weight.
FR 28583, May 17, 2006; 73 FR 52210, Sept. 9, (8) Adhesive: type, supplier, sup-
2008] plier’s stock number or designation,
and percent of finished product by
Subpart B—Brattice Cloth and weight.
Ventilation Tubing (b) Flexible ventilation tubing. Applica-
tions shall include the product descrip-
§ 7.21 Purpose and effective date. tion information in paragraph (a) of
this section and list the type of sup-
This subpart establishes the specific
porting structure, if applicable; inside
requirements for approval of brattice
diameters; and configurations.
cloth and ventilation tubing. It is ef-
(c) Rigid ventilation tubing. A single
fective August 22, 1988. Applications for
application may address two or more
approval or extension of approval sub-
products if the products differ only in
mitted after August 22, 1989, shall meet
diameters, lengths, configuration, or
the requirements of this part.
average wall thickness. Applications
§ 7.22 Definitions. shall include the following informa-
tion:
The following definitions apply in (1) Trade name.
this subpart: (2) Product designations (for exam-
Brattice cloth. A curtain of jute, plas- ple, style and code numbers).
tic, or similar material used to control (3) Color.
or direct ventilating air. (4) Type of ventilation tubing (for ex-
Denier. A unit of yarn size indicating ample, fiberglass, plastic, or poly-

the fineness of fiber of material based ethylene).
20
(5) Inside diameter, configuration, back ends of the test gallery, 11⁄2-inches
and average wall thickness. from the ceiling insulation and cen-
(6) Suspension system (for example, trally located in the gallery along its
metal hooks). length. Samples shall be suspended to
(7) Base material: type, supplier, the preclude folds or wrinkles;
supplier’s stock number, and percent of (c) A tapered 16-gauge stainless steel
finished product by weight. duct section tapering from a cross sec-
(8) Resin: type, supplier, the sup- tional area measuring 2 feet 7 inches
plier’s stock number, and percent of wide by 3 feet 6 inches high at the test
finished product by weight. gallery to a cross-sectional area 1 foot
(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
plier’s 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
13⁄8-inches long and spaced alternately
§ 7.28.
along the length of the burner tube.
§ 7.25 Critical characteristics. 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
tested to ensure that the finished prod- (a) Test procedures. (1) Prepare 6 sam-
uct will meet the flame-resistance test. ples of brattice cloth 40 inches wide by
48 inches long.
§ 7.26 Flame test apparatus. (2) Prior to testing, condition each
The principal parts of the apparatus sample for a minimum of 24 hours at a
used to test for flame-resistance of temperature of 70 ±10 °F (21 ±5.5 °C) and
brattice cloth and ventilation tubing a relative humidity of 55 ±10%.
shall be constructed as follows: (3) For each test, suspend the sample
(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 1⁄2 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 3⁄8-inch diameter steel J move smoke escaping from the gallery.
hooks and a 9⁄16-inch diameter steel rod The exhaust system must remain on
to support the sample located approxi- during all testing, but not affect the
mately 23⁄16-inches from the front and air flow in the gallery.
21
§ 7.28 30 CFR Ch. I (7–1–20 Edition)
(5) Set the methane-fueled impinged tional dimension greater than 24 inches
jet burner to yield a flame height of 12 must be tested in a 24-inch size.
inches as measured at the outermost (2) For each test, suspend the sample
tip of the flame. in the center of the gallery by running
(6) Apply the burner to the front a wire through the 48-inch length of
lower edge of the brattice cloth and tubing.
keep it in contact with the material for (3) Use a front exhaust system to re-
25 seconds or until 1 foot of material, move smoke escaping from the gallery.
measured horizontally, is consumed, The exhaust system must remain on
whichever occurs first. If the material during all testing but not affect the air
shrinks during application of the burn- flow in the gallery.
er flame, move the burner flame to (4) Set the methane-fueled impinged
maintain contact with 1 foot of the ma- jet burner to yield a flame height of 12
terial. If melting material might clog inches as measured at the outermost
the burner orifices, rotate the burner tip of the flame.
slightly during application of the (5) Apply the burner to the front
flame. lower edge of the tubing so that two-
(7) Test 3 samples in still air and 3 thirds of the burner is under the tubing
samples with an average of 125 ft./min. and the remaining third is exposed to
of air flowing past the sample. allow the flames to curl onto the inside
(8) Record the propagation length of the tubing. Keep the burner in con-
and duration of burning for each of the tact with the material for 60 seconds. If
6 samples. The duration of burning is melting material might clog the burn-
the total burning time of the specimen er orifices, rotate the burner slightly
during the flame test. This includes the during application of the flame.
burn time of any material that falls on (6) Test 3 samples in still air and 3
the floor of the test gallery during the samples with an average of 125 ft./min.
igniting period. However, the sus- of air flowing past the sample.
pended specimen is considered burning (7) Record the propagation length
only after the burner is removed. and duration of burning for each of the
Should the burning time of a suspended 6 samples. The duration of burn is the
specimen and a specimen on the floor total burning time of the specimen dur-
coincide, count the coinciding burning ing the flame test. This includes the
time only once. burning time of any material that falls
(9) Calculate the average duration of on the floor of the test gallery during
burning for the first 3 samples (still the igniting period. However, the sus-
air) and the second 3 samples (125 ft./ pended specimen is considered burning
min. air flow). only after the burner is removed.
(b) Acceptable performance. The Should the burning time of a suspended
brattice cloth shall meet each of the specimen and a specimen on the floor
following criteria: coincide, count the coinciding burn
(1) Flame propagation of less than 4 time only once.
feet in each of the six tests. (8) Calculate the average duration of
(2) An average duration of burning of burning for the first 3 samples (still
less than 1 minute in both groups of air) and the second 3 samples (125 ft./
three tests. min. air flow).
(3) A duration of burning not exceed- (b) Acceptable performance. The ven-
ing two minutes in each of the six tilation tubing shall meet each of the
tests. following criteria:
(1) Flame propagation of less than 4
[53 FR 23500, June 22, 1988, as amended at 60
FR 33723, June 29, 1995]
feet in each of the 6 tests.
(2) An average duration of burning of
§ 7.28 Test for flame resistance of rigid less than 1 minute in both groups of 3
ventilation tubing. tests.
(a) Test procedures. (1) Prepare 6 sam- (3) A duration of burning not exceed-
ples of ventilation tubing 48 inches in ing 2 minutes in each of the 6 tests.
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]
22
§ 7.29 Approval marking. partment, if any, of a battery assem-

(a) Approved brattice cloth shall be bly, excluding internal partitions.
legibly and permanently marked with § 7.43 Application requirements.
the assigned MSHA approval number at
intervals not exceeding ten feet. If the (a) An application for approval of a
nature of the material or method of battery assembly shall contain suffi-
processing makes such marking im- cient information to document compli-
practical, permanent paint or ink may ance with the technical requirements
be used to mark the edge with an of this subpart and include a composite
MSHA-assigned color code. drawing with the following informa-
(b) Approved ventilation tubing shall tion:
be legibly and permanently marked on (1) Overall dimensions of the battery
each section with the assigned MSHA assembly, including the minimum dis-
approval number. tance from the underside of the cover
(c) An approved product shall be mar- to the top of the terminals and caps.
keted only under a brand or trade (2) Composition and thicknesses of
name that has been furnished to the battery box and cover.
MSHA. (3) Provision for securing covers.
(4) Documentation of flame-resist-
§ 7.30 Post-approval product audit. ance of insulating materials and ca-
bles.
Upon request by MSHA but no more
(5) Number, type, and rating of the
than once a year except for cause, the
battery cells.
approval-holder shall supply to MSHA
(6) Diagram of battery connections
at no cost up to fifty feet of each ap-
between cells and between battery
proved design of brattice cloth and ven-
boxes, except when connections be-
tilation tubing for audit.
tween battery boxes are a part of the
§ 7.31 New technology. machine’s electrical system.
(7) Total weight of the battery,
MSHA may approve brattice cloth charged and ready for service.
and ventilation tubing that incor- (8) Documentation of materials and
porates technology for which the re- configurations for battery cells,
quirements of this subpart are not ap- intercell connectors, filler caps, and
plicable, if the Agency determines that battery top:
the product is as safe as those which (i) If nonmetallic cover designs are
meet the requirements of this subpart. used with cover support blocks; or
(ii) If the cover comes into contact
Subpart C—Battery Assemblies with any portion of the cells, caps,
filler material, battery top, or intercell
§ 7.41 Purpose and effective date. 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
[53 FR 23500, June 22, 1988, as amended at 60
22, 1988. Applications for approval or 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 1⁄8″ nominal

Battery box. The exterior sides, bot- 1,001 to 2,000 lbs .................. 7 gauge or 3⁄16″ nominal
tom, and connector receptacle com- 2,001 to 4,500 lbs .................. 3 gauge or 1⁄4″ nominal
23
§ 7.45 30 CFR Ch. I (7–1–20 Edition)
Weight of battery unit Minimum required thickness

( N )( R )
Over 4,500 lbs ........................ 0 gauge or 5⁄16″ nominal =M
950
(2) Battery boxes not constructed of N = Number of cells in battery box.
AISI 1010 hot rolled steel shall have at R = Rated 6 hour battery capacity in ampere
hours.
least the tensile strength and impact M = Total minimum ventilation area in
resistance of battery boxes for the square inches per battery box.
same weight class, as listed in para-
graph (a)(1) of this section. (g) Battery boxes shall have drainage
holes to prevent accumulation of water
(3) Battery box covers constructed of
or electrolyte.
materials with less than the tensile
(h) Battery cells shall be insulated
strength and impact resistance of AISI from the battery box walls, partitions
1010 hot rolled steel or constructed of and bottom by insulating material, un-
nonmetallic materials shall meet the less such part of the battery box is con-
acceptable performance criteria for the structed of insulating material. Bat-
impact test in § 7.46. Nonmetallic cov- tery box wall insulating material shall
ers shall be used only in the battery as- extend to the top of the wall.
sembly configuration in which they (i) Cell terminals shall be burned on,
pass the impact test. except that bolted connectors using
(4) Nonmetallic materials for boxes two or more bolts may be used on end
and covers shall— terminals.
(i) Be accepted by MSHA as flame-re- (j) Battery connections shall be de-
sistant material under part 18 of this signed so that total battery potential
chapter; and is not available between adjacent cells.
(ii) Meet the acceptable performance (k) Cables within a battery box shall
criteria for the deflection temperature be accepted by MSHA as flame resist-
test in § 7.47. ant under part 18 of this chapter or ap-
(b) All insulating material shall have proved under subpart K of this part.
a minimum resistance of 100 megohms The cables shall be protected against
at 500 volts d.c. and be accepted by abrasion by insulation, location,
MSHA as flame resistant under part 18 clamping, or other effective means.
(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 1⁄2-inch air space shall
material. be provided between the underside of
(e) Covers, including those used over the battery cover and the top of the
connector receptacle housings, shall be battery, including the terminals and
provided with a means of securing connectors.
them in a closed position. [53 FR 23500, June 22, 1988, as amended at 57
(f) Battery boxes shall be provided FR 61220, Dec. 23, 1992]
with vent openings to prevent the ac-
cumulation of flammable or toxic gases § 7.45 Critical characteristics
or vapors within the battery assembly. The following critical characteristics
The size and location of openings shall shall be inspected or tested on each
prevent direct access to cell terminals battery assembly to which an approval
and other uninsulated current carrying marking is affixed:
parts. The total minimum unob- (a) Thickness of covers and boxes.
structed cross-sectional area of the (b) Application and resistance of in-
ventilation openings shall be no less sulating material.
than the value determined by the fol- (c) Size and location of ventilation
lowing formula: openings.
24
EC15NO91.011</GPH>
(d) Method of cell terminations. testing, condition the samples at 73.4

(e) Strain relief devices for cables ±3.6 °F (23 ±2 °C) and 50 ±5% relative hu-
leaving boxes. midity for at least 40 hours.
(f) Type, location, and physical pro- (2) Place a sample on supports which
tection of cables. are 4 inches apart and immersed in a
heat transfer medium at a test tem-
§ 7.46 Impact test. perature range of 65 °F¥80 °F (18.3
(a) Test procedures. (1) Prepare four °C¥26.7 °C). The heat transfer medium
covers for testing by conditioning two must be a liquid which will not chemi-
covers at ¥13 °F (¥25 °C) and two cov- cally affect the sample. The testing ap-
ers at 122 °F (50 °C) for a period of 48 paratus must be constructed so that
hours. expansion of any components during
(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 1⁄8 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 °C–26.7 °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 1⁄8 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: (b) Acceptable performance. Neither
(1) Bent intercell connectors. sample shall have a deflection greater
(2) Cracked or broken filler caps, ex- than .010 inch at 180 °F (82 °C).
cept plastic tabs which extend from the [53 FR 23500, June 22, 1988; 53 FR 25569, July
body of the filler caps. 7, 1988; 60 FR 33723, June 29, 1995]
(3) Cracks in the cell cover, cells, or
filler material. § 7.48 Acid resistance test.
(4) Cracked or bent supports. (a) Test procedures. (1) Prepare one
(5) Cracked or splintered battery cov- sample each of the insulated surfaces
ers. of the battery box and of the cover that
[53 FR 23500, June 22, 1988, as amended at 60 measure at least 4 inches by 8 inches,
FR 33723, June 29, 1995] by the thickness of the sample which
includes the insulation plus the bat-
§ 7.47 Deflection temperature test. tery cover or box material. The insula-
(a) Test procedures. (1) Prepare two tion thickness shall be representative
samples for testing that measure 5 of that used on the battery box and
inches by 1⁄2 inch, by the thickness of cover. If the insulation material and
the material as it will be used. Prior to thickness of material are identical for
25
§ 7.49 30 CFR Ch. I (7–1–20 Edition)
the battery box and cover, only one Subpart D—Multiple-Shot Blasting
sample need be prepared and tested. Units
(2) Prepare a 30 percent solution of
sulfuric acid (H2 SO4) by mixing 853 ml
SOURCE: 54 FR 48210, Nov. 21, 1989, unless
of water with 199 ml of sulfuric acid (H2 otherwise noted.
SO4) with a specific gravity of 1.84.
Completely cover the samples with the § 7.61 Purpose and effective date.
acid solution at the test temperature
This subpart establishes the specific
range of 65 °F¥80 °F (18.3 °C¥26.7 °C)
requirements for MSHA approval of
and maintain these conditions for 7
multiple-shot blasting units. It is effec-
days.
tive January 22, 1990. Applications for
(3) After 7 days, record the condition approval or extensions of approval sub-
of the samples. mitted after January 22, 1991 shall
(b) Acceptable performance. At the end meet the requirements of this subpart.
of the test, the insulation shall not ex-
hibit any blistering, discoloration, § 7.62 Definitions.
cracking, swelling, tackiness,
The following definitions apply in
rubberiness, or loss of bond.
this subpart:
[53 FR 23500, June 22, 1988, as amended at 60 Blasting circuit. A circuit that in-
FR 33723, June 29, 1995] cludes one or more electric detonators
connected in a single series and the fir-
§ 7.49 Approval marking. ing cable used to connect the deto-
Each approved battery assembly nators to the blasting unit.
shall be identified by a legible and per- Blasting unit. An electric device used
manent approval plate inscribed with to initiate electric detonators.
the assigned MSHA approval number Normal operation. Operation of the
and securely attached to the battery unit according to the manufacturer’s
box. instructions with fully-charged bat-
teries, with electric components at any
§ 7.50 Post-approval product audit. value within their specified tolerances,
Upon request by MSHA, but no more and with adjustable electric compo-
than once a year except for cause, the nents set to any value within their
approval-holder shall make an ap- range.
proved battery assembly available for § 7.63 Application requirements.
audit at no cost to MSHA.
(a) Each application for approval of a
§ 7.51 Approval checklist. blasting unit shall include the fol-
Each battery assembly bearing an lowing:
MSHA approval plate shall be accom- (1) An overall assembly drawing
panied by a description of what is nec- showing the physical construction of
essary to maintain the battery assem- the blasting unit.
bly as approved. (2) A schematic diagram of the elec-
tric circuit.
[53 FR 23500, June 22, 1988, as amended at 60 (3) A parts list specifying each elec-
FR 33723, June 29, 1995] tric component and its electrical rat-
ings, including tolerances.
§ 7.52 New technology.
(4) A layout drawing showing the lo-
MSHA may approve a battery assem- cation of each component and wiring.
bly that incorporates technology for (5) The model number or other manu-
which the requirements of this subpart facturer’s designation of the blasting
are not applicable, if the Agency deter- unit.
mines that the battery assembly is as (b) All drawings shall be titled, num-
safe as those which meet the require- bered, dated, and include the latest re-
ments of this subpart. vision number. The drawings may be
combined into one or more composite

drawings.
26
(c) The application shall contain a (1) Provide a secure, low-resistance

list of all the drawings submitted, in- connection to the blasting circuit as
cluding drawing titles, numbers, and demonstrated by the firing line termi-
revisions. nals test in § 7.68;
(d) A detailed technical description (2) Be corrosion-resistant;
of the operation and use of the blasting (3) Be insulated to protect the user
unit shall be submitted with the appli- from electrical shock; and
cation. (4) Be separated from each other by
[54 FR 48210, Nov. 21, 1989, as amended at 60 an insulated barrier.
FR 33723, June 29, 1995] (f) Ratings of electric components. No
electric component of the blasting
§ 7.64 Technical requirements. unit, other than batteries, shall be op-
(a) Energy output. Blasting units shall erated at more than 90 percent of any
meet the acceptable performance cri- of its electrical ratings in the normal
teria of the output energy test in § 7.66. operation of the blasting unit.
(b) Maximum blasting circuit resistance. (g) Non-incendive electric contacts. In
The maximum value of the resistance the normal operation of a blasting
of the blasting circuit that can be con- unit, the electric energy discharged by
nected to the firing line terminals of making and breaking electric contacts
the blasting unit, without exceeding its shall not be capable of igniting a meth-
capacity, shall be specified by the ap- ane-air atmosphere, as determined by
plicant. The specified maximum blast- the following:
ing circuit resistance shall be at least (1) The electric current through an
150 ohms. electric contact shall not be greater
(c) Visual indicator. The blasting unit than that determined from Figure D–1.
shall provide a visual indication to the (2) The maximum voltage that can be
user prior to the operation of the firing applied across an electric contact that
switch when the voltage necessary to discharges a capacitor shall not be
produce the required firing current is greater than that determined from Fig-
attained. ure D–2.
(d) Firing switch. The switch used to (3) The electric current through an
initiate the application of energy to electric contact that interrupts a cir-
the blasting circuit shall— cuit containing inductive components
(1) Require deliberate action for its shall not be greater than that deter-
operation to prevent accidental firing; mined from Figure D–3. Inductive com-
and ponents include inductors, chokes,
(2) Operate only when the voltage relay coils, motors, transformers, and
necessary to produce the required fir- similar electric components that have
ing current is available to the blasting an inductance greater than 100 micro-
circuit. henries. No inductive component in a
(e) Firing line terminals. The terminals circuit with making and breaking elec-
used to connect the blasting circuit to tric contacts shall have an inductance
the blasting unit shall— value greater than 100 millihenries.
27
§ 7.64 30 CFR Ch. I (7–1–20 Edition)
28
EC22OC91.001</GPH>
29
EC22OC91.002</GPH>
§ 7.64 30 CFR Ch. I (7–1–20 Edition)
(h) Maximum temperature. In the nor- component shall not exceed 302 °F (150
mal operation of the blasting unit, the °C).
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 construction 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-
(3) One ohm. ational.
(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
§ 7.68 30 CFR Ch. I (7–1–20 Edition)
(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-
§ 7.72 New technology.
nected to each firing line terminal ac-
cording to the manufacturer’s 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 E—Diesel 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 unit’s 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
§ 7.83 Application requirements.
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 shaft—profile;
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
§ 7.84 30 CFR Ch. I (7–1–20 Edition)
(14) Cylinder head gasket; and paragraph (b) of this section is not ex-
(15) Precombustion chamber, if appli- ceeded at the altitudes specified in the
cable. fuel deration chart.
(d) The application shall include a (e) Particulate index. For each rated
drawing showing the general arrange- speed and horsepower requested, the
ment of the engine. particulate index necessary to dilute
(e) All drawings shall be titled, dated, the exhaust particulate emissions to 1
numbered, and include the latest revi- mg/m3 shall be determined under § 7.89
sion number. of this part.
(f) When all necessary testing has
been completed, the following informa- § 7.85 Critical characteristics.
tion shall be submitted: The following critical characteristics
(1) The gaseous ventilation rate for shall be inspected or tested on each
the rated speed and horsepower. diesel engine to which an approval
(2) The particulate index for the marking is affixed—
rated speed and horsepower. (a) Fuel rate is set properly; and
(3) A fuel deration chart for altitudes (b) Fuel injection pump adjustment
for each rated speed and horsepower. is sealed, if applicable.
§ 7.84 Technical requirements. § 7.86 Test equipment and specifica-
(a) Fuel injection adjustment. The fuel tions.
injection system of the engine shall be (a) Dynamometer test cell shall be
constructed so that the quantity of used in determining the maximum f/a
fuel injected can be controlled at a de- ratio, gaseous ventilation rates, and
sired maximum value. This adjustment the particulate index.
shall be changeable only after breaking (1) The following testing devices
a seal or by altering the design. shall be provided:
(b) Maximum fuel-air ratio. At the (i) An apparatus for measuring
maximum fuel-air ratio determined by torque that provides an accuracy of
§ 7.87 of this part, the concentrations ±2.0 percent based on the engine’s 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 engine’s 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 engine’s 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 engine’s 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 manufacturer’s 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-
2–D’’ grade diesel fuel. The fuel may pling system shown in Figure E–1 shall
contain nonmetallic additives as fol- be used for testing category A engines.
lows: Cetane improver, metal deacti- Various configurations of Figure E–1
vator, antioxidant, dehazer, antirust, may produce equivalent results. The
pour depressant, dye, dispersant, and components in Figure E–1 are des-
biocide. ignated as follows—
(i) Filters—F1, F2, F3, and F4;
TABLE E–1—DIESEL TEST FUEL SPECIFICATIONS
(ii) Flowmeters—FL1, FL2, FL3, FL4,
Item ASTM Type 2–D FL5, FL6, and FL7;
Cetane number .............................. D613 40–48.
(iii) Upstream Gauges—G1, G2, and
Cetane index .................................. D976 40–48. G5;
Distillation range: (iv) Downstream Gauges—G3, G4, and
IBP °F .............................. D86 340–400. G6;
(°C) .................... (171.1–204.4).
10 pct. point, °F ............... D86 400–460. (v) Pressure Gauges—P1, P2, P3, P4,
(°C) .................... (204.4–237.8). P5, and P6;
50 pct. point, °F ............... D86 470.540. (vi) Regulators—R1, R2, R3, R4, R5,
(°C) .................... (243.3–282.2).
90 pct. point, °F ............... D86 560–630. R6, and R7;
(°C) .................... (293.3–332.2). (vii) Selector Valves—V1, V2, V3, V4,
EP, °F .............................. D86 610–690. V6, V7, V8, V15, and V19;
(°C) .................... (321.1–365.6).
Gravity,°API .................................... D287 32–37. (viii) Heated Selector Valves—V5,
Total sulfur, pct. ............................. D2622 0.03–0.05. V13, V16, and V17;
Hydrocarbon composition: (ix) Flow Control Valves—V9, V10,
Aromatics, pct. ................. D1319 27 minimum.
Paraffins, naphthenes, D1319 Remainder.
V11 and V12;
olefins. (x) Heated Flow Control Valves—V14
Flashpoint, minimum, °F ................ 93 130. and V18;
(°C) ................................... (54.4).
Viscosity, centistokes ..................... 445 2.0–3.2.
(xi) Pump—Sample Transfer Pump;
(xii) Temperature Sensor—(T1);
(3) The test fuel temperature at the (xiii) Dryer—D1 and D2; and
inlet to the diesel engine’s fuel injec- (xiv) Water traps—WT1 and WT2.
tion pump shall be controlled to the (A) Water removal from the sample
engine manufacturer’s 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
§ 7.86 30 CFR Ch. I (7–1–20 Edition)
(2) The schematic of the gaseous sam- may produce equivalent results. The
pling system shown in Figure E–2 shall components are designated as follows—
be used for testing category B engines. (i) Filters—F1, F2, F3, and F4;
Various configurations of Figure E–2
36
ER25oc96.000</GPH>
(ii) Flowmeters—FL1, FL2, FL3, and (xii) Temperature Sensor—(T1); and

FL4; (xiii) Water traps—WT1 and WT2.
(iii) Upstream Gauges—G1, and G2; (A) Water removal from the sample
(iv) Downstream Gauges—G3, and G4; shall be done by condensation.
(v) Pressure Gauges—P1, P2, P3, and (B) The sample gas temperature or
P4; dew point shall be monitored either
(vi) Regulators—R1, R2, R3, and R4; within the water trap or downstream of
(vii) Selector Valves—V1, V2, V3, V4, the water trap and shall not exceed 45
V6, and V7; °F (7 °C).
(viii) Heated Selector Valves—V5, V8, (C) Chemical dryers are not per-
and V12; mitted.
(ix) Flow Control Valves—V9, V10, (3) All components or parts of compo-
V11; nents that are in contact with the sam-
(x) Heated Flow Control Valves—V13; ple gas or corrosive calibration gases
(xi) Pump—Sample Transfer Pump; shall be corrosion-resistant material.
37
§ 7.86 30 CFR Ch. I (7–1–20 Edition)
(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
§ 7.86 30 CFR Ch. I (7–1–20 Edition)
for the NOX NDIR analyzer shall be purified synthetic air or purified nitro-
5,000:1. gen.
(iv) The minimum CO2 rejection ratio (21) The allowable zero-grade gas (pu-
(maximum CO2 interference) for the rified synthetic air or purified nitro-
NOX NDIR analyzer shall be 30,000:1. gen) impurity concentrations shall not
(14) When CH4 is measured using a exceed ≤1ppm C, ≤1 ppm CO, ≤400 ppm
heated flame ionization detector CO2, and ≤0.1 ppm NO.
(HFID) the following shall apply: (22) The calibration and span gases
(i) The analyzer shall be equipped may also be obtained by means of a gas
with a constant temperature oven that divider. The accuracy of the mixing de-
houses the detector and sample-han- vice must be such that the concentra-
dling components. tion of the diluted calibration gases are
(ii) The detector, oven, and sample- within 2 percent.
handling components shall be suitable (c) Particulate sampling system shall
for continuous operation at tempera- be used in determining the particulate
tures of 374 °F (190 °C) ±18 °F (10 °C). index. A schematic of a full flow (single
(iii) The analyzer fuel shall contain dilution) particulate sampling system
40 ±2 percent hydrogen. The balance for testing under this subpart is shown
shall be helium. The mixture shall con- in Figures E–3 and E–4.
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.
E–3.
(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
(SRM’s). 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 SRM’s. 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
§ 7.86 30 CFR Ch. I (7–1–20 Edition)
42
ER25oc96.002</GPH>
(8) The flow capacity of the PDP or (52.0 °C) or less immediately before the
CFV system using single dilution shall primary particulate filter.
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>
§ 7.86 30 CFR Ch. I (7–1–20 Edition)
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 engine’s 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: gine’s 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 μm 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 μg and resolution of 10 μg.
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. μg and 1 μg, 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 0.98≤fa≤1.02;
±3 °C) during all filter conditioning and (A) The equation is fa = ( 99/Ps) * ((Ta
weighing. + 273)/298)0.7 for a naturally aspirated
(ii) The humidity of the chamber and mechanically supercharged en-
(room) in which the particulate filters gines; or
are conditioned and weighed shall be (B) The equation is fa = (99/Ps)0.7* ((Ta
maintained to a dewpoint of 49 °F ±5 °F + 273)/298)1.5 for a turbocharged engine
(9.5 °C ±3 °C) and a relative humidity of with or without cooling of the intake
45 percent ±8 percent during all filter 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
§ 7.88 30 CFR Ch. I (7–1–20 Edition)
(iv) The air inlet restriction shall be shall be set as specified in §§ 7.87(a)(3)
set within ±10 percent of a rec- (iii) and (iv).
ommended clean air filter at the en- (5) The engine shall be at a steady-
gine operating condition giving max- state condition before starting the test
imum air flow as specified by the en- modes.
gine manufacturer to determine the (i) The output from the gas analyzers
concentration of NOX as specified in shall be measured and recorded with
paragraph (a)(6) of this section. exhaust gas flowing through the ana-
(4) The engine shall be at a steady- lyzers a minimum of the last three (3)
state condition when the exhaust gas minutes of each mode.
samples are collected and other test (ii) To evaluate the gaseous emis-
data is measured. sions, the last 60 seconds of each mode
(5) In a category A engine, 1.0 ±0.1 shall be averaged.
percent CH4 shall be injected into the (iii) A 1.0 ±0.1 percent CH4, by vol-
engine’s intake air. ume, shall be injected into the engine’s
(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 E–2. 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 E–2—GASEOUS 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)
cfm—Cubic feet per min (ft3/min) (m NO2) = (NO2 corr)(0.000720)(m Exh)
Exh—Exhaust (m CO2) = (CO2 wet basis)(6.89)(m Exh)
A—Air (lbs/hr) (m CO) = (CO wet basis)(4.38)(m Exh)
H—Grains of water per lb. of dry intake air
J—Conversion factor (xi) The calculations to determine
m—Mass flow rate (mass/hr) the ventilation rate for each exhaust
TI—Intake air temperature (°F) gas contaminant at each test point
PCAir—Percent Air shall be as follows for category A and
PCCH4—Percent CH4 (intake air) category B engines:
UCH4—Unburned CH4
PCECH4—Percent Exhaust CH4 (cfm NO) = (m NO)(K)
(ii) Exhaust gas flow calculation for (cfm NO2) = (m NO2)(K)
category B engines shall be (m Exh) = (cfm CO2) = (m CO2)(K)
(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) (pollut-
(iv) Methane flow through category A ant 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 = 100¥PCCH4 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) ÷ (1¥Z) (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 Exh) = cfm.
(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 mUCH4 (2) Ventilation rates greater than
= (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)(10¥4)(J) order listed in Table E–3.
(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
closed, but unsealed, petri dish and
E = 1.0 + (R)(H ¥ 75) + (G)(TI ¥ 77)

R = (f/a)(0.044) ¥ (0.0038) placed in a weighing chamber (room)
G = (f/a)(¥0.116) + (0.0053) for stabilization.
47
§ 7.89 30 CFR Ch. I (7–1–20 Edition)
(ii) At the end of the stabilization pe- (i) The engine speed and torque shall
riod, each filter (pair) shall be weighed. be measured and recorded at each test
The reading is the tare weight. mode.
(iii) The filter (pair) shall then be (ii) The data required for use in the
stored in a closed petri dish or a filter particulate index calculation specified
holder, both of which shall remain in in paragraph (a)(9) of this section shall
the weighing chamber (room) until be measured and recorded at each test
needed for testing. mode.
(6) A 1.0 ±0.1 percent CH4, by volume
(iv) The filter (pair) must be re-
shall be injected into the engine’s 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 E–3—PARTICULATE 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 E–3 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)
cfm—Cubic feet per min (ft3 min) Kp = 1 / (1 + 0.0133 * (H ¥ 10.71))
PT—Particulate (gr/hr)
m mix—Diluted exhaust gas mass flow rate Where:
on wet basis (kg/hr) Ha = humidity of the intake air, g water per
m sample—Mass of the diluted exhaust sam- kg dry air
ple passed through the particulate sam- Ha = (6.220 * Ra * pa) / (pB¥pa ¥ Ra * 10¥2)
pling filters (kg) Ra = relative humidity of the intake air, %
Pf—Particulate sample mass collected on a pa = saturation vapor pressure of the intake
filter (mg) at each test mode as determined air, kPa
in Table E–3. pB = total barometric pressure, kPa
Kp—Humidity correction factor for particu-
(iii) When the multiple filter method
late
WF—Weighting factor is used, the following equations shall
i-Subscript denoting an individual mode, i = be used.
1, . . . n (A) Mass of particulate emitted is
PI—Particulate 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>
§ 7.90 30 CFR Ch. I (7–1–20 Edition)
Where:
i=n
( m mix kg / hr ) avg. = ∑ ( m mix kg / hri )( WFi )
i =1
i=n
( m sample kg ) = ∑ ( m sample kg i )
i =1
(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 E–3.
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 F—Diesel 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
§ 7.97 30 CFR Ch. I (7–1–20 Edition)
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 compressor’s inlet air line is parts 7, 18, and 27 of this chapter, as ap-
not connected to the engine’s 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
er’s 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
§ 7.98 30 CFR Ch. I (7–1–20 Edition)
engine oil pressure must be overridden (i) Flat surfaces between bolt holes
to start the engine, the override shall that form any part of a flame-arresting
not be capable of overriding any of the path shall be planed to within a max-
safety shutdown sensors specified in imum deviation of one-half the max-
paragraph (i) of this section. imum clearance specified in paragraph
(k) The diesel power package shall be (q)(7) of this section. All metal surfaces
explosion-proof as determined by the forming a flame-arresting path shall be
tests set out in § 7.100. finished during the manufacturing
(l) Engine joints that directly or indi- process to not more than 250 micro-
rectly connect the combustion cham- inches.
ber to the surrounding atmosphere (ii) A means shall be provided to en-
shall be explosion-proof in accordance sure that fastenings maintain the
with paragraphs (m) through (q) of this tightness of joints. The means provided
section and § 7.100. This paragraph does shall not lose its effectiveness through
not apply to the following: repeated assembly and disassembly.
(1) Pistons to piston rings; (iii) Fastenings shall be as uniform in
(2) Pistons to cylinder walls; size as practicable to preclude im-
(3) Piston rings to cylinder walls; proper assembly.
(iv) Holes for fastenings shall not
(4) Cylinder head to cylinder block;
penetrate to the interior of an intake
(5) Valve stem to valve guide; or
or exhaust system and shall be thread-
(6) Injector body to cylinder head. ed to ensure that all specified bolts or
(m) Each segment of the intake sys- screws will not bottom even if the
tem and exhaust system required to washers are omitted.
provide explosion-proof features shall (v) Fastenings used for joints of
be constructed of metal and designed flame-arresting paths on intake or ex-
to withstand a minimum internal pres- haust systems shall be used only for at-
sure equal to four times the maximum taching parts that are essential in
pressure observed in that segment in maintaining the explosion-proof integ-
tests under § 7.100 or a pressure of 150 rity. They shall not be used for attach-
psig, whichever is less. Castings shall ing brackets or other parts.
be free from blowholes. (vi) The minimum thickness of mate-
(n) Welded joints forming the explo- rial for flanges shall be 1⁄2-inch, except
sion-proof intake and exhaust systems that a final thickness of 7⁄16-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 D14.4–77 or meet the test (viii) The minimum diameter of fas-
requirements of § 7.104 with the inter- tenings shall be 3⁄8-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 3⁄8-inch, and the thickness of
meeting the requirements of paragraph the gaskets shall be no greater than
(q) of this section; or 1⁄16-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 3⁄8-
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 1⁄8-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 F–1.
TABLE F–1—DIMENSIONAL 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 ................ 3⁄4″2
Maximum clearances; joint in two or more planes, cylinders or equivalent:

Portion perpendicular to plane ......................................................................................... 0.008″3
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 .................................................. 3⁄8″
Minimum thread engagement of fastening 7 ................................................................................... 3⁄8″
Maximum diametrical clearance between fastening body and unthreaded holes through which it 1⁄16″
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 1⁄16-inch less is allowable for machining rolled plate.
2 If only two planes are involved, neither portion of a joint shall be less than 1⁄8-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 1⁄4-inch or greater
in length. If the perpendicular portion is more than 1⁄8-inch but less than 1⁄4-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
§ 7.98 30 CFR Ch. I (7–1–20 Edition)
5 The requirements as to diametrical clearance around the fastening and minimum distance from the fastening hole to the in-
side of the intake or exhaust system apply to steel dowel pins. In addition, when such pins are used, the spacing between
centers of the fastenings on either side of the pin shall not exceed 5 inches.
6 Fastening diameters smaller than specified may be used if the joint or assembly meets the test requirements of § 7.104.
7 Minimum thread engagement shall be equal to or greater than the nominal diameter of the fastening specified, or the in-
take or exhaust system must meet the test requirements of § 7.104.
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 1⁄32-inch, then the minimum distance shall be 1⁄4-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 operator’s 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 manufacturer’s
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 (7–1–20 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 manufacturer’s 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 (7–1–20 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
manufacturer’s 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 (7–1–20 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 manufacturer’s 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 manufacturer’s 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 J—Electric Motor that constitute a flame-arresting path.
Motor assembly. The winding compart-
Assemblies ment including a conduit box when
specified. A motor assembly is com-
SOURCE: 57 FR 61193, Dec. 23, 1992, unless prised of one or more explosion-proof
otherwise noted. enclosures.
Plane joint. A joint comprised of two
§ 7.301 Purpose and effective date.
adjoining surfaces in parallel planes.
This subpart establishes the specific Step (rabbet) joint. A joint comprised
requirements for MSHA approval of of two adjoining surfaces with a change
certain explosion-proof electric motor or changes in direction between its
assemblies intended for use in approved inner and outer edges. A step joint may
equipment in underground mines. Ap- be composed of a cylindrical portion
plications for approval or extensions of and a plane portion or of two or more
approval submitted after February 22, plane portions.
1996 shall meet the requirements of Stuffing box. An entrance with a re-
this part. Those motors that incor- cess filled with packing material for
porate features not specifically ad- cables extending through a wall of an
dressed in this subpart will continue to explosion-proof enclosure.
be evaluated under part 18 of this chap- Threaded joint. A joint consisting of a
ter. male- and a female-threaded member,
both of which are the same type and
§ 7.302 Definitions. gauge.
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 (7–1–20 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 D14.4–77, ‘‘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 D14.4–77 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 J–1 of Center, 765 Technology Drive,
this section. Triadelphia, WV 26059, or at the Na-
tional Archives and Records Adminis-
TABLE J–1—MINIMUM CLEARANCES BETWEEN
tration (NARA). For information on
UNINSULATED SURFACES
the availability of this material at
Clearances (inches) NARA, call 202–741–6030, 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 1⁄8 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 1⁄8 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 J–1). 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 1⁄8 inch. If the distance is 1⁄8 to 1⁄4 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 1⁄64 inch for ure J–2).
not less than 1⁄2 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 1⁄2 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 J–4), or in the cylindrical portion
the pole piece.
(see figure J–5).
(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 manufacturer’s 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
er’s specifications. threaded joints shall conform to the re-
(iv) The insert shall be of sufficient quirements of paragraph (g)(19) of this
length to ensure the minimum thread section.
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 (7–1–20 Edition)
J–2 of this section, based on the inter-

nal free volume of the empty enclo-
sure.
TABLE J–2—EXPLOSION-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 1⁄4″ 3 3⁄8″ 3 1⁄2″
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 3⁄8″ 4 5⁄8″ 4 3⁄4″
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) .................... 1⁄4″ 1⁄4″ 3⁄8″
Minimum thread engagement of fastening 10 .................................................... 1⁄4″ 1⁄4″ 3⁄8″
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
Joint—minimum width 1″ .................................................................... ........................ ........................ 14 7⁄16″
Joint—less than 1″ wide ..................................................................... 1⁄8″ 3⁄16″
Cylindrical Joints
Shaft centered by ball or roller bearings:

Minimum length of flame-arresting path .................................................... 1⁄2″ 3⁄4″ 1″
Maximum diametrical clearance ................................................................ 0.020″ 0.025″ 0.030″
Other cylindrical joints: 15
Minimum length of flame-arresting path ............................................. 1⁄2″ 3⁄4″ 1″
Maximum diametrical clearance ......................................................... 0.006″ 0.008″ 0.010″
1 This is the minimal nominal dimension when applied to standard steel plate.
2 1⁄32inch less is allowable for machining rolled plate.
3 1⁄16inch less is allowable for machining rolled plate.
4 If only two planes are involved, neither portion of a joint shall be less than 1⁄8 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 J–6 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 1⁄4 inch or greater in
length. If the perpendicular portion is more than 1⁄8 inch but less than 1⁄4 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 1⁄32 inch, then the minimum distance shall be 1⁄4 inch.
66
15 Shafts or operating rods through journal bearings shall be at least 1⁄4″ 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 1⁄16 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 J–14).
through a stuffing-box lead entrance (iii) The diametrical clearance be-
(see figure J–7). 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 1⁄16 inch
parts, so that the cable jacket is not (see figure J–14).
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 1⁄8 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 J–8, J–9, insulating materials shall be treated to
and J–10). remove any combustible solvent before
(3) Packing nuts (see figure J–7) and assembly in an explosion-proof enclo-
stuffing boxes shall be secured against sure.
loosening (see figure J–11). [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 1⁄2 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 J–12). (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 J–13). (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 (7–1–20 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.
served for discharge of flames for at (3) Four tests at 9.4 ±0.4 percent
least two of the tests, including one methane by volume plus coal dust shall
with coal dust added. be conducted. A quantity of coal dust
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
per cubic foot of internal free volume surrounding the motor assembly in the
of the conduit box and meeting the chamber.

specifications in paragraph (c)(3) of (3) Development of afterburning.
69
§ 7.307 30 CFR Ch. I (7–1–20 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 fastening’s proof load is achieved.
The torquing device shall not contact
(7) Permanent deformation greater
the locking device or the threaded por-
than 0.040 inches per linear foot.
tion of the fastening.
§ 7.307 Static pressure test. (6) Each standard and test sample
shall be engaged and disengaged for 15
(a) Test procedure. (1) The enclosure
full cycles.
shall be internally pressurized to a
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—
§ 7.309 Approval marking.
(i) Leakage through welds or casting;
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- Upon request by MSHA but not more
sible flame-arresting paths, following than once a year, except for cause, the
any necessary retightening of fas- approval holder shall make a motor as-
tenings. sembly available for audit at no cost.
§ 7.308 Lockwasher equivalency test. § 7.311 Approval checklist.
(a) Test procedure. (1) Each test sam- Each motor assembly bearing an
ple shall be an assembly consisting of a MSHA approval marking shall be ac-
fastening with a locking device. Each companied by a list of items necessary
standard sample shall be an assembly
for maintenance of the motor assembly

consisting of a fastening with a lock- as approved.
washer.
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 (7–1–20 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 (7–1–20 Edition)
Subpart K—Electric 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, supplier’s 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 141⁄2
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 (7–1–20 Edition)
three separate metal rods each meas- type, amperage, voltage rating, and
uring approximately 3⁄16 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 3⁄8 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 21⁄2 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
21⁄2 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-
ble’s 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 (7–1–20 Edition)
that falls from the test specimen after Subpart L—Refuge 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 alternative’s or compo-
nent’s make and model number, if ap-
MSHA may approve cable products or plicable.
splice kits that incorporate technology (2) A list of the refuge alternative’s
for which the requirements of this sub- or component’s 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 component’s or part’s 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- structure’s 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 structure’s 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 (7–1–20 Edition)
(1) When used in accordance with the waste is disposed outside the refuge al-
manufacturer’s 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- >36–≤42 ......................................................... 37.5
ture in the refuge alternative when >42–≤48 ......................................................... 45
used at maximum occupancy and in >48–≤54 ......................................................... 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 operator’s ap-
(i) The airlock shall be designed for
proved Emergency Response Plan.
multiple uses to accommodate the
(2) Lighting sufficient for persons to
structure’s 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- ticeable odors are released from non-
onstrate that an overpressure of 15 psi metallic materials before or after the
applied to the pre-deployed refuge al- flash fire test. The test shall identify
ternative structure for 0.2 seconds does the gases released and determine their
not allow gases to pass through the concentrations.
structure separating the interior and (c) If pressurized air is used to deploy
exterior atmospheres. the structure or maintain its shape,
(3) A test shall be conducted to dem- the structure shall—
onstrate that a flash fire of 300 °F for 3 (1) Include a pressure regulator or
seconds does not allow gases to pass other means to prevent over pressur-
from the outside to the inside of the ization of the structure, and
structure. (2) Provide a means to repair and re-
(4) An inspection shall be conducted pressurize the structure in case of fail-
to determine that the overpressure ure of the structure or loss of air pres-
forces of 15 psi applied to the pre-de- sure.
ployed refuge alternative structure for (d) The refuge alternative structure
0.2 seconds does not prevent the stored shall provide a means—
components from operating. (1) To conduct a preshift examina-
(5) An inspection shall be conducted tion, without entering the structure, of
to determine that a flash fire of 300 °F components critical for deployment;
for 3 seconds does not prevent the and
stored components from operating. (2) To indicate unauthorized entry or
(6) A test shall be conducted to dem- tampering.
onstrate that each structure resists [73 FR 80694, Dec. 31, 2008, as amended at 80
puncture and tearing when tested in FR 52985, Sept. 2, 2015]
accordance with ASTM D2582–07
‘‘Standard Test Method for Puncture- § 7.506 Breathable air components.
Propagation Tear Resistance of Plastic (a) Breathable air shall be supplied
Film and Thin Sheeting.’’ This publica- by compressed air cylinders, com-
tion is incorporated by reference. The pressed breathable-oxygen cylinders, or
Director of the Federal Register ap- boreholes with fans installed on the
proves this incorporation by reference surface or compressors installed on the
in accordance with 5 U.S.C. 552(a) and 1 surface. Only uncontaminated breath-
CFR part 51. A copy may be obtained able air shall be supplied to the refuge
from the American Society for Testing alternative.
and Materials (ASTM), 100 Barr Harbor (b) Mechanisms shall be provided and
Drive, P.O. Box C700, West procedures shall be included so that,
Conshohocken, PA 19428–2959; 610–832– within the refuge alternative,—
9500; http://www.astm.org. A copy may (1) The breathable air sustains each
be inspected at any MSHA Coal Mine person for 96 hours,
Safety and Health District Office; or at (2) The oxygen concentration is
MSHA’s Office of Standards, Regula- maintained at levels between 18.5 and
tions, and Variances, 201 12th Street 23 percent, and
South, Arlington, VA 22202–5452; 202– (3) The average carbon dioxide con-
693–9440; or at the National Archives centration is 1.0 percent or less and ex-
and Records Administration (NARA). cursions do not exceed 2.5 percent.
For information on the availability of (c) Breathable air supplied by com-
this material at NARA, call 202–741– pressed air from cylinders, fans, or
6030, or go to: http://www.archives.gov/ compressors shall provide a minimum
federallregister/ flow rate of 12.5 cubic feet per minute
codeloflfederallregulations/ of breathable air for each person.
ibrllocations.html. (1) Fans or compressors shall meet
(7) A test shall be conducted to dem- the following:
onstrate that each reasonably antici- (i) Be equipped with a carbon mon-
pated repair can be completed within 10 oxide detector located at the surface
minutes of opening the storage space that automatically provides a visual
for repair materials and tools. and audible alarm if carbon monoxide
(8) A test shall be conducted to dem- in supplied air exceeds 10 parts per mil-
onstrate that no harmful gases or no- lion (ppm).
87
§ 7.507 30 CFR Ch. I (7–1–20 Edition)
(ii) Provide in-line air-purifying sor- (2) The analysis or study shall iden-
bent beds and filters or other equiva- tify the means used to prevent any ig-
lent means to assure the breathing air nition source.
quality and prevent condensation, and
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. (b) Refuge alternatives designed for
(iv) Include warnings to assure that use in mines with a history of harmful
only uncontaminated breathable air is gases, other than carbon monoxide,
supplied to the refuge alternative. 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 concentrations.
the refuge alternative. (c) The air-monitoring component
(A) Air lines shall be capable of pre- shall be inspected or tested and the
venting or removing water accumula- test results shall be included in the ap-
tion. plication.
(B) Air lines shall be designed and
(d) The air-monitoring component
protected to prevent damage during
shall meet the following:
normal mining operations, a flash fire
(1) The total measurement error, in-
of 300 °F for 3 seconds, a pressure wave
cluding the cross-sensitivity to other
of 15 psi overpressure for 0.2 seconds,
gases, shall not exceed ±10 percent of
and ground failure.
the reading, except as specified in the
(vi) Assure that harmful or explosive
approval.
gases, water, and other materials can-
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
88
to dilute the carbon monoxide con- (iv) Sampling instruments shall si-
centration to 25 ppm or less and the multaneously measure the gas con-
methane concentration to 1.0 percent centrations at the three sampling
or less as persons enter, within 20 min- points.
utes of persons deploying the refuge al- (2) For testing the component’s abil-
ternative. ity to remove carbon monoxide, the
(2) Chemical scrubbing or other effec- structure shall be filled with a test gas
tive procedures shall be provided so of either purified synthetic air or puri-
that the average carbon dioxide con- fied nitrogen that contains 400 ppm
centration in the occupied structure carbon monoxide, ±5 percent.
shall not exceed 1.0 percent over the
(i) After a stable concentration of 400
rated duration, and excursions shall
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 component’s abil-
(1) Contained such that when stored ity to remove carbon dioxide, the car-
or used it cannot come in contact with bon dioxide concentration shall not ex-
persons, and it cannot release airborne
ceed 1.0 percent over the rated duration
particles.
and excursions shall not exceed 2.5 per-
(2) Provided with all materials; parts,
such as hangers, racks, and clips; cent under the following conditions:
equipment; and instructions necessary (i) At 55 °F (±4 °F), 1 atmosphere (±1
for deployment and use. percent), and 50 percent (±5 percent)
(3) Stored in an approved container relative humidity.
that is conspicuously marked with the (ii) At 55 °F (±4 °F), 1 atmosphere (±1
manufacturer’s instructions for dis- percent), and 100 percent (±5 percent)
posal of used chemical. relative humidity.
(c) Each harmful gas removal compo- (iii) At 90 °F (±4 °F), 1 atmosphere (±1
nent shall be tested to determine its percent), and 50 percent (±5 percent)
ability to remove harmful gases. relative humidity.
(1) The component shall be tested in (iv) At 82 °F (±4 °F), 1 atmosphere (±1
a refuge alternative structure that is percent), and 100 percent (±5 percent)
representative of the configuration and relative humidity.
maximum volume for which the com- (4) Testing shall demonstrate the
ponent is designed. component’s continued ability to re-
(i) The test shall include three sam- move harmful gases effectively
pling points located vertically along
throughout its designated shelf-life,
the centerlines of the length and width
specifically addressing the effects of
of the structure and equally spaced
over the horizontal centerline of the storage and transportation.
height of the structure. (d) Alternate performance tests may
(ii) The structure shall be sealed air- be conducted if the tests provide the
tight. same level of assurance of the harmful
(iii) The operating gas sampling in- gas removal component’s capability as
struments shall be placed inside the the tests specified in paragraph (c) of
structure and continuously exposed to this section. Alternate tests shall be

the test atmosphere. specified in the approval application.
89
§ 7.509 30 CFR Ch. I (7–1–20 Edition)
§ 7.509 Approval markings. SOURCE: 73 FR 80609, Dec. 31, 2008, unless

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

AUTHORITY: 30 U.S.C. 957.
90
§ 14.3 Observers at tests and evalua- od if the following information is pro-

tions. vided in the application:
Representatives of the applicant and (1) Formulation information on the
other persons agreed upon by MSHA compounds in the conveyor belt indi-
and the applicant may be present dur- cated by either:
ing tests and evaluations conducted (i) Specifying each ingredient by its
under this Part. However, if MSHA re- chemical name along with its percent-
ceives a request from others to observe age (weight) and tolerance or percent-
tests, the Agency will consider it. age range; or
(ii) Specifying each flame-retardant
§ 14.4 Application procedures and re- ingredient by its chemical or generic
quirements. name with its percentage and tolerance
(a) Application address. Applications or percentage range or its minimum
for approvals or extensions of approval percent. List each flammable ingre-
under this Part may be sent to: U.S. dient and inert ingredient by chemical,
Department of Labor, Mine Safety and generic, or trade name along with the
Health Administration, Chief, Approval total percentage of all flammable and
and Certification Center, 765 Tech- inert ingredients.
nology Drive, Triadelphia, West Vir- (2) Identification of any similar ap-
ginia 26059. Alternatively, applications proved conveyor belt for which the ap-
for approval or extensions of approval plicant already holds an approval, and
may be filed online at http:// the formulation specifications for that
www.msha.gov or faxed to: Chief, Mine belt if it has not previously been sub-
Safety and Health Administration Ap- mitted to the Agency.
proval and Certification Center at 304– (i) The MSHA assigned approval
547–2044. number of the conveyor belt that most
(b) Approval application. Each appli- closely resembles the new one; and
cation for approval of a conveyor belt (ii) An explanation of any changes
for use in underground coal mines must from the existing approval.
include the information below, except (d) Extension of approval. Any change
any information submitted in a prior in an approved conveyor belt from the
approval application need not be re- documentation on file at MSHA that
submitted, but must be noted in the affects the technical requirements of
application. this Part must be submitted for ap-
(1) A technical description of the con- proval prior to implementing the
veyor belt, which includes: change. Each application for an exten-
(i) Trade name or identification num- sion of approval must include:
ber;
(1) The MSHA-assigned approval
(ii) Cover compound type and des-
number for the conveyor belt for which
ignation number;
the extension is sought;
(iii) Belt thickness and thickness of
top and bottom covers; (2) A description of the proposed
(iv) Presence and type of skim coat; change to the conveyor belt; and
(v) Presence and type of friction coat; (3) The name, address, and telephone
(vi) Carcass construction (number of number of the applicant’s representa-
plies, solid woven); tive responsible for answering any
(vii) Carcass fabric by textile type questions regarding the application.
and weight (ounces per square yard); (e) MSHA will determine if testing,
(viii) Presence and type of breaker or additional information, samples, or
floated ply; and material is required to evaluate an ap-
(ix) The number, type, and size of plication. If the applicant believes that
cords and fabric for metal cord belts. flame testing is not required, a state-
(2) The name, address, and telephone ment explaining the rationale must be
number of the applicant’s representa- included in the application.
tive responsible for answering any (f) Equivalent non-MSHA product safe-
questions regarding the application. ty standard. An applicant may request
(c) Similar belts and extensions of an equivalency determination to this
approval may be evaluated for approval part under § 6.20 of this chapter, for a
without testing using the BELT meth- non-MSHA product safety standard.
91
§ 14.5 30 CFR Ch. I (7–1–20 Edition)
(g) Fees. Fees calculated in accord- (b) Calibrate instruments used for
ance with Part 5 of this chapter must the inspection and testing in paragraph
be submitted in accordance with § 5.40. (a) of this section according to the in-
strument manufacturer’s specifica-
§ 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 ±1⁄4 nationally or internationally recog-
inches long (152.4 ±0.6 cm) by 9 ±1⁄8 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.
(a) MSHA will issue an approval or (c) Control production so that the
notice of the reasons for denying ap- conveyor belt is manufactured in ac-
proval after completing the evaluation cordance with the approval document.
and testing provided in this part. If a third party is assembling or manu-
(b) An applicant must not advertise facturing all or part of an approved
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 holder’s plans for correc-
approval marking must be at least 1⁄2 tive action.
inch (1.27 cm) high, placed at intervals
not to exceed 60 feet (18.3 m) and re- § 14.9 Disclosure of information.
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
92
MSHA’s request, must make 3 samples equivalent under 30 CFR §§ 6.20 and
of an approved conveyor belt of the size 14.4(e).
specified in § 14.5 available at no cost to
MSHA for an audit. If a product is not § 14.21 Laboratory-scale flame test ap-
available because it is not currently in paratus.
production, the manufacturer will no- The principal parts of the apparatus
tify MSHA when it is available. Rep- used to test for flame resistance of con-
resentatives of the applicant and other veyor belts are as follows—
persons agreed upon by MSHA and the (a) A horizontal test chamber 66
applicant may be present during audit
inches (167.6 cm) long by 18 inches (45.7
tests and evaluations. MSHA will also
cm) square (inside dimensions) con-
consider requests by others to observe
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 1⁄2 inch (1.27 cm) thick ce-
quirements; or ramic blanket insulation, or equivalent
(2) Creates a danger or hazard when insulating material. The tapered duct
used in a mine. must be tightly connected to the test
(b) Prior to revoking an approval, the chamber.
approval holder will be informed in (c) A U-shaped gas-fueled impinged
writing of MSHA’s intention to revoke. jet burner ignition source, measuring
The notice will— 12 inches (30.5 cm) long and 4 inches
(1) Explain the reasons for the pro- (10.2 cm) wide, with two parallel rows
posed revocation; and of 6 jets each. Each jet is spaced alter-
(2) Provide the approval holder an op- nately along the U-shaped burner tube.
portunity to demonstrate or achieve The 2 rows of jets are slanted so that
compliance with the product approval they point toward each other and the
requirements. flame from each jet impinges upon
(c) Upon request to MSHA, the ap- each other in pairs. The burner fuel
proval holder will be given the oppor- must be at least 98 percent methane
tunity for a hearing.
(technical grade) or natural gas con-
(d) If a conveyor belt poses an immi-
taining at least 96 percent combustible
nent danger to the safety or health of
gases, which includes not less than 93
miners, an approval may be imme-
percent methane.
diately suspended without written no-
tice of the Agency’s intention to re- (d) A removable steel rack, con-
voke. sisting of 2 parallel rails and supports
that form a 7 ±1⁄8 inches (17.8 ±0.3 cm)
wide by 60 ±1⁄8 inches (152.4 ±0.3 cm)
Subpart B—Technical
long assembly to hold a belt sample.
Requirements (1) The 2 parallel rails, with a 5 ±1⁄8
§ 14.20 Flame resistance. inches (12.7 ±0.3 cm) space between
them, comprise the top of the rack.
Conveyor belts for use in under-
The rails and supports must be con-
ground coal mines must be flame-re-
sistant and: structed of slotted angle iron with
(a) Tested in accordance with § 14.22 holes along the top surface.
of this part; or (2) The top surface of the rack must
(b) Tested in accordance with an al- be 8 ±1⁄8 inches (20.3 ±0.3 cm) from the
ternate test determined by MSHA to be inside roof of the test chamber.
93
§ 14.22 30 CFR Ch. I (7–1–20 Edition)
§ 14.22 Test for flame resistance of with the specified airflow passing
conveyor belts. through the chamber. The temperature
(a) Test procedures. The test must be of the air entering the chamber during
conducted in the following sequence the test on each sample must not be
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
±1⁄4 inches (152.4 ±0.6 cm) long by 9 ±1⁄8 sample’s leading edge with the plane,
inches (22.9 ±0.3 cm) wide, flat at a tem- defined by the tips of the burner jets, 3⁄4
perature of 70 ±10 °Fahrenheit (21 ±5 ±1⁄8 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 ±1⁄8 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 ±1⁄8 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 3⁄4 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
9⁄32 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 ±1⁄4 inches (12.7 ed sample must exhibit an undamaged
±0.6 cm) from the first, the third hole 5 portion across its entire width.
±1⁄4 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 3⁄4
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 ±1⁄2 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 15—REQUIREMENTS FOR AP-
centerline of the belt sample 12 ±1⁄2 PROVAL OF EXPLOSIVES AND
inches (30.5 ±1.27 cm) from the chamber SHEATHED EXPLOSIVE UNITS
entrance. Adjust the airflow passing
through the chamber to 200 ±20 ft/min Subpart A—General Provisions
(61 ±6 m/min);
(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.
15.3 Observers at tests and evaluation.
6 ±1⁄2, 30 ±1⁄2, and 60 ±1⁄2 inches (15.2 ±1.27,
15.4 Application procedures and require-
76.2 ±1.27, and 152.4 ±1.27 cm) from the ments.
front entrance of the chamber must
15.5 Test samples.

not exceed 95 °Fahrenheit (35 15.6 Issuance of approval.
°Centigrade) at any of these points 15.7 Approval marking.
94
15.8 Quality assurance. production of an explosive or an explo-
15.9 Disclosure of information. sive unit and that applies to MSHA for
15.10 Post-approval product audit. approval of that explosive or explosive
15.11 Revocation.
unit.
Subpart B—Requirements for Approval of Approval. A document issued by
Explosives MSHA which states that an explosive
or explosive unit has met the require-
15.20 Technical requirements. ments of this part and which author-
15.21 Tolerances for ingredients.
izes an approval marking identifying
15.22 Tolerances for performance, wrapper,
and specific gravity. the explosive or explosive unit as ap-
proved as permissible.
Subpart C—Requirements 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
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 after the appropriate extension number
otherwise noted.
has been added.
Minimum product firing temperature.
Subpart A—General 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 tion, testing, or both, by MSHA of ap-
explosive units to be used in under- proved explosives or explosive units se-
ground coal mines and certain under- lected by MSHA to determine whether
ground metal and nonmetal gassy they meet the technical requirements
mines and is effective January 17, 1989. and have been manufactured as ap-
Those manufacturers proceeding under proved.
the provisions of the previous regula-
Sheath. A chemical compound or mix-
tion may file requests for approval or
ture incorporated in a sheathed explo-
extension of approval of explosives
sive unit and which forms a flame in-
under that regulation until January 17,
hibiting cloud on detonation of the ex-
1990. After January 17, 1990, all requests
plosive.
for approval or extension of approval of
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 0.40–0.45 grams PETN.
made. [53 FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5,
[53 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
95
§ 15.4 30 CFR Ch. I (7–1–20 Edition)
be present during tests and evaluations (5) The name, address and telephone
conducted under this part. number of the applicant’s representa-
[70 FR 46342, Aug. 9, 2005]
tive responsible for answering any
§ 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 applicant’s representa- change to the approved explosive or
tive responsible for answering any sheathed explosive unit; and
(iii) The name, address, and tele-
(d) Original approval for sheathed ex-
phone number of the applicant’s 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
sheathed explosive unit which includes (2) MSHA will determine what tests,
the chemical composition of the additional information, samples, or
sheath, with tolerances for each ingre- material, if any, are required to evalu-
dient, and the types of material used ate the proposed change.
for the outer covering; (3) When a change involves the chem-
(2) The minimum thickness weight, ical composition of an approved explo-
and specific gravity of the sheath and sive or sheathed explosive unit which
outer covering; affects the firing characteristics,
(3) The brand or trade name, weight, MSHA may require the explosive or
specific gravity, and minimum product sheathed explosive unit to be distin-
firing temperature of the approved ex- guished from those associated with the
plosive to be used in the unit; former composition.
(4) The ratio of the weight of the
[53 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]
96
§ 15.5 Test samples. (c) Storage. Explosives and sheathed

explosive units shall be stored in a
(a) Submission of test samples. (1) The
magazine for at least 30 days before
applicant shall not submit explosives
gallery tests are conducted.
or sheathed explosive units to be tested
until requested to do so by MSHA. § 15.6 Issuance of approval.
(2) The applicant shall submit 70
pounds of 11⁄4-inch diameter explosives (a) MSHA will issue an approval or a
and additional cartridges in the notice of the reasons for denying ap-
amount of 3200 divided by the length in proval after completing the evaluation
inches, except for cartridges 12, 20 and and testing provided for by this part.
greater than 36 inches long. The appli- (b) An applicant shall not advertise
cant shall submit 70 pounds and addi- or otherwise represent an explosive or
tional cartridges in the amount of 3800 sheathed explosive unit as approved
divided by the length in inches for car- until MSHA has issued an approval.
tridges 12, 20 and greater than 36 inches § 15.7 Approval marking.
long.
(3) If approval is requested for car- (a) An approved explosive or sheathed
tridges in diameters less than 1-1⁄4 explosive unit shall be marketed only
inches, the applicant shall submit a under the brand or trade name speci-
number of cartridges equal to 1800 di- fied in the approval.
vided by the length in inches, except (b) The wrapper of each cartridge and
for cartridges 12, 20 and greater than 36 each case of approved explosives shall
inches long. The applicant shall submit be legibly labeled with the following:
cartridges in the amount of 2200 di- the brand or trade name, ‘‘MSHA Ap-
vided by the length in inches for car- proved Explosive’’, the test detonator
tridges 12, 20 and greater than 36 inches strength, and the minimum product
long. firing temperature.
(4) If approval is requested for car- (c) The outer covering of each
tridges in diameters larger than 1-1⁄4 sheathed explosive unit and each case
inches, the applicant shall submit an of approved sheathed explosive units
additional 10 cartridges of each larger shall be legibly labeled with the fol-
diameter. lowing: the brand or trade name,
(5) If approval is requested for car- ‘‘MSHA Approved Sheathed Explosive
tridges in more than one length, the Unit’’, the test detonator strength, and
applicant shall submit an additional 10 the minimum product firing tempera-
cartridges for each additional length ture.
and diameter combination. [53 FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5,
(6) Each applicant seeking approval 1989; 54 FR 27641, June 30, 1989; 60 FR 33723,
of sheathed explosive units shall sub- June 29, 1995]
mit 140 units.
§ 15.8 Quality assurance.
(b) Condition and composition. Explo-
sives and sheathed explosive units will (a) Applicants granted an approval or
not be tested that— an extension of approval under this
(1) Contain chlorites, chlorates, or part shall manufacture the explosive or
substances that will react over an ex- sheathed explosive unit as approved.
tended time and cause degradation of (b) Applicants shall immediately re-
the explosive or sheathed explosive port to the MSHA Approval and Cer-
unit; tification Center, any knowledge of ex-
(2) Are chemically unstable; plosives or sheathed explosive units
(3) Show leakage; that have been distributed that do not
(4) Use aluminum clips to seal the meet the specifications of the approval.
cartridge; [53 53 FR 46761, Nov. 18, 1988, as amended at
(5) Contain any combination of per- 60 FR 33723, June 29, 1995]
chlorate and aluminum;
(6) Contain more than 5 percent per- § 15.9 Disclosure of information.
chlorate; or (a) All information concerning prod-
(7) Contain any perchlorate and less uct specifications and performance
than 5 percent water. submitted to MSHA by the applicant
97
§ 15.10 30 CFR Ch. I (7–1–20 Edition)
shall be considered proprietary infor- compliance with the product approval

mation. requirements.
(b) MSHA will notify the applicants (c) Upon request, the approval-holder
of requests for disclosure of informa- shall be afforded an opportunity for a
tion concerning its explosives or hearing.
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. cy’s 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 B—Requirements 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 (a) Chemical composition. The chem-
MSHA and be representative of those ical composition of the explosive shall
distributed for use in mines. The ap- be within the tolerances furnished by
proval-holder may obtain any final re- the applicant.
port resulting from such audit. (b) Rate-of-detonation test. The explo-
(b) No more than once a year, except sive shall propagate completely in the
for cause, the approval-holder, at rate-of-detonation test. The test is con-
MSHA’s request, shall make one case ducted at an ambient temperature be-
of explosives or 25 sheathed explosive tween 68 and 86 °F. Nongelatinous ex-
units available at no cost to MSHA for plosives are initiated with a test deto-
an audit. The approval-holder may ob- nator only, while gelatinous explosives
serve any tests conducted during this are initiated with a test detonator and
audit. a 60-gram tetryl pellet booster. The
(c) An approved explosive or sheathed test is conducted on—
explosive unit shall be subject to audit (1) A 50-inch column of 11⁄4 inch di-
for cause at any time MSHA believes ameter cartridges; and
that it is not in compliance with the (2) A 50-inch column of the smallest
technical requirements upon which the diameter cartridges less than 11⁄4 inches
approval was based. submitted for testing.
(d) Explosives approved under regula- (c) Air-gap sensitivity. The air-gap
tions in effect prior to January 17, 1989, sensitivity of the explosive shall be at
shall conform to the provisions on field least 2 inches at the minimum product
samples set out in those regulations firing temperature and 3 inches at a
(See 30 CFR part 15, 1987 edition). temperature between 68 and 86 °F, and
the explosive shall propagate com-
§ 15.11 Revocation. pletely.
(a) MSHA may revoke for cause an (1) Air-gap sensitivity of the explo-
approval issued under this part if the sive is determined in the explosion-by-
explosive or sheathed explosive unit— influence test using the 7-inch car-
(1) Fails to meet the applicable tech- tridge method. The air-gap sensitivity
nical requirements; or is determined for 11⁄4 inch diameter car-
(2) Creates a hazard when used in a tridges and each cartridge diameter
mine. smaller than 11⁄4 inches. Explosives are
(b) Prior to revoking an approval, the initiated with a test detonator.
approval-holder shall be informed in (2) The 7-inch cartridge method is
writing of MSHA’s intention to revoke. conducted with two 8-inch cartridges.
The notice shall— One inch is cut off the end of each car-
(1) Explain the specific reasons for tridge. The cartridges are placed in a
the proposed revocation; and paper tube, the cut ends facing each
(2) Provide the approval-holder an op- other, with the appropriate 2-inch or 3-
portunity to demonstrate or achieve inch air gap between them. The test is
98
conducted at a temperature between 68 feet per pound of explosive as deter-

and 86 °F and at the minimum product mined in the large chamber test. The
firing temperature proposed by the ap- explosive shall propagate completely.
plicant, or 41 °F, whichever is lower. (1) The large chamber test is con-
The test temperature at which the ex- ducted with a one-pound explosive
plosive propagates completely will be charge, including wrapper and seal,
specified in the approval as the min- primed with a test detonator. The ex-
imum product firing temperature at plosive charge is loaded into the bore-
which the explosive is approved for use. hole of a steel cannon, then tamped
(d) Gallery Test 7. The explosive shall and stemmed with one pound of dry-
yield a value of at least 450 grams for milled fire clay. The cannon is fired
the lower 95 percent confidence limit into the large chamber and the gaseous
(L95) on the weight for 50 percent prob- products resulting from detonation of
ability of ignition (W50) in gallery test the explosive are collected and ana-
7 and shall propagate completely. The lyzed for toxic gases. At least two
L95 and W50 values for the explosive are trials are conducted.
determined by using the Bruceton up- (2) The equivalent volume of each
and-down method. A minimum of 20 toxic gas produced, relative to CO, is
trials are made with explosive charges determined by multiplying the meas-
of varying weights, including wrapper ured volume of the gas by a conversion
and seals. Each charge is primed with a factor. The conversion factor is equal
test detonator, then tamped and to the threshold limit value, time
stemmed with one pound of dry-milled weighted average (TLV-TWA) in parts-
fire clay into the borehole of a steel per-million for CO divided by the TLV-
cannon. The cannon is fired into air TWA for the toxic gas. The TLV-TWA
containing 7.7 to 8.3 percent of natural conversion factor for each gas for
gas. The air temperature is between 68 which MSHA shall test is specified in
and 86 °F. Table I of this subpart. The total vol-
(e) Gallery Test 8. The explosive shall ume equivalent to CO of the toxic gases
yield a value of at least 350 grams for produced by detonation of the explo-
the weight for 50 percent probability of sive is the sum of the equivalent vol-
ignition (WCDG) in gallery test 8 and umes of the individual toxic gases.
shall propagate completely. The (WCDG)
value for the explosive is determined TABLE I—CONVERSION 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
Toxic Gas
weights, including wrapper and seals.
Each charge is primed with a test deto- Conver- TLV-TWA
sion Fac-
nator, then tamped into the borehole of tor (PPM)
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
Carbon Monoxide .............................. 1 50
feet of air containing 3.8 to 4.2 percent 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.
99
§ 15.21 30 CFR Ch. I (7–1–20 Edition)
(3) No test will be conducted on car- Subpart C—Requirements for Ap-

tridges with diameters the same as or proval of Sheathed Explosive
smaller than those that previously Units or Other Explosive Units
failed to detonate in the rate-of-deto- Designed to be Fired Outside
nation test.
the Confines of a Borehole
(i) New technology. MSHA may ap-
prove an explosive that incorporates § 15.30 Technical requirements.
technology for which the requirements
(a) Quantity of explosive. The sheathed
of this subpart are not applicable if explosive unit shall contain not more
MSHA determines that the explosive is than 11⁄2 pounds of an approved or per-
as safe as those which meet the re- missible explosive.
quirements of this subpart. (b) Chemical composition. The chem-
ical composition of the sheath shall be
§ 15.21 Tolerances for ingredients. within the tolerances furnished by the
Tolerances for each ingredient in an applicant.
explosive, which are expressed as a per- (c) Detonator well. The sheathed ex-
centage of the total explosive, shall not plosive unit shall have a detonator well
exceed the following: that—
(a) Physical sensitizers: The toler- (1) Is protected by a sealed covering;
ances established by the applicant; (2) Permits an instantaneous deto-
(b) Aluminum: ±0.7 percent; nator to be inserted in the unit with
(c) Carbonaceous materials: ±3 per- the detonator completely embedded in
cent; and the well;
(3) Is provided with a means of secur-
(d) Moisture and ingredients other
ing the detonator in the well; and
than specified in paragraphs (a), (b),
(4) Is clearly marked.
and (c) of this section: The tolerances
(d) Drop test. The outer covering of
specified in Table II. the sheathed explosive unit shall not
tear or rupture and the internal com-
TABLE II—TOLERANCES FOR MOISTURE AND
ponents shall not shift position or be
OTHER INGREDIENTS
damaged in the drop test.
Quantity of ingredients (as percent of total ex- Tolerance (1) The drop test is conducted on at
plosive or sheath) percent least 10 sheathed explosive units. Each
0 to 5.0 .............................................................. 1.2 unit is dropped on its top, bottom, and
5.1 to 10.0 ......................................................... 1.5 edge from a height of 6 feet onto a con-
10.1 to 20.0 ....................................................... 1.7 crete surface. For units with explosives
20.1 to 30.0 ....................................................... 2.0 approved with a minimum product fir-
30.1 to 40.0 ....................................................... 2.3 ing temperature, the drop test is per-
40.1 to 50.0 ....................................................... 2.5
formed with the unit at the minimum
50.1 to 55.0 ....................................................... 2.8
55.1 to 100.0 ..................................................... 3.0
product firing temperature established
for the explosive in the unit. For units
with explosives approved under regula-
§ 15.22 Tolerances for performance, tions in effect prior to January 17, 1989,
wrapper, and specific gravity. the drop test is performed with the
(a) The rate of detonation of the ex- unit at 41 °F.
plosive shall be within ±15 percent of (2) At least four units which have
that specified in the approval. been drop-tested shall be cut-open and
(b) The weight of wrapper per 100 examined.
grams of explosive shall be within ±2 (3) At least six units which have been
grams of that specified in the approval. drop-tested shall be subjected to gal-
(c) The apparent specific gravity of lery tests 9 and 10 as provided in para-
graphs (e)(1) and (e)(2) of this section.
the explosive shall be within ±7.5 per-
(e) Gallery tests. No sheathed explo-
cent of that specified in the approval.
sive unit shall cause an ignition in gal-
lery tests 9, 10, 11, or 12. Ten trials in
each gallery test shall be conducted
and each sheathed explosive unit shall

propagate completely in all tests.
100
Mine Safety and Health Admin., Labor Pt. 18
(1) Gallery test 9 is conducted in each (f) Detonation test. Each of ten
trial with three sheathed explosive sheathed explosive units shall propa-
units placed in a row 2 feet apart. One gate completely when fired at the min-
of the trials is conducted with sheathed imum product firing temperature for
explosive units which have been sub- the explosive used in the unit or 41 °F
jected to the drop test as provided in for units with explosives approved
paragraph (d)(3) of this section. The under regulations in effect prior to
units are placed on a concrete slab, January 17, 1989. The units are initi-
primed with test detonators and fired ated with test detonators.
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- [53 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
methane. The air temperature is be-
PART 18—ELECTRIC MOTOR-DRIV-
tween 41 and 86 °F. EN MINE EQUIPMENT AND AC-
(4) Gallery test 12 is conducted in CESSORIES
each trial with three sheathed explo-
sive units arranged in a triangular pat- Subpart A—General Provisions
tern with the units in contact with Sec.
each other. The units are placed in a 18.1 Purpose.
corner formed by three square steel 18.2 Definitions.
plates, each measuring 24 inches on a 18.3 Consultation.
side and one inch in thickness. The 18.4 Electrical equipment for which ap-
sheathed explosive units are primed proval is issued.
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]
air temperature is between 41 and 86 18.8 Date for conducting investigation and
°F. tests.
101
§ 18.1 30 CFR Ch. I (7–1–20 Edition)
18.9 Conduct of investigations and tests. 18.63 [Reserved]
18.10 Notice of approval or disapproval. 18.65 Flame test of hose.
18.11 Approval plate. 18.66 Tests of windows and lenses.
18.12 Letter of certification. 18.67 Static-pressure tests.
18.13 Certification plate. 18.68 Tests for intrinsic safety.
18.14 Identification of tested noncertified 18.69 Adequacy tests.
explosion-proof enclosures.
18.15 Changes after approval or certifi- Subpart D—Machines Assembled With
cation. Certified or Explosion-Proof Compo-
18.16 Withdrawal of approval, certification, nents, Field Modifications of Approved
or acceptance. Machines, and Permits To Use Experi-
Subpart B—Construction and Design mental Equipment
Requirements 18.80 Approval of machines assembled with
certified or explosion-proof components.
18.20 Quality of material, workmanship, and 18.81 Field modification of approved (per-
design. missible) equipment; application for ap-
18.21 Machines equipped with powered dust
proval of modification; approval of plans
collectors.
for modification before modification.
18.22 Boring-type machines equipped for
18.82 Permit to use experimental electric
auxiliary face ventilation.
face equipment in a gassy mine or tun-
18.23 Limitation of external surface tem-
nel.
peratures.
18.24 Electrical clearances. APPENDIX I TO SUBPART D OF PART 18—LIST
18.25 Combustible gases from insulating ma- OF TABLES
terial. APPENDIX II TO SUBPART D OF PART 18—LIST
18.26 Static electricity. OF FIGURES
18.27 Gaskets.
18.28 Devices for pressure relief, ventilation, Subpart E—Field Approval of Electrically
or drainage. Operated Mining Equipment
18.29 Access openings and covers, including
unused lead-entrance holes. 18.90 Purpose.
18.30 Windows and lenses. 18.91 Electric equipment for which field ap-
18.31 Enclosures—joints and fastenings. provals will be issued.
18.32 Fastenings—additional requirements. 18.92 Quality of material and design.
18.33 Finish of surface joints. 18.93 Application for field approval; filing
18.34 Motors. procedures.
18.35 Portable (trailing) cables and cords. 18.94 Application for field approval; con-
18.36 Cables between machine components. tents of application.
18.37 Lead entrances. 18.95 Approval of machines constructed of
18.38 Leads through common walls. components approved, accepted or cer-
18.39 Hose conduit. tified under Bureau of Mines Schedule
18.40 Cable clamps and grips. 2D, 2E, 2F, or 2G.
18.41 Plug and receptacle-type connectors. 18.96 Preparation of machines for inspec-
18.42 Explosion-proof distribution boxes. tion; requirements.
18.43 Explosion-proof splice boxes. 18.97 Inspection of machines; minimum re-
18.44 Non-intrinsically safe battery-powered quirements.
equipment. 18.98 Enclosures, joints, and fastenings;
18.45 Cable reels. pressure testing.
18.46 Headlights. 18.99 Notice of approval or disapproval; let-
18.47 Voltage limitation. ters of approval and approval plates.
18.48 Circuit-interrupting devices. AUTHORITY: 30 U.S.C. 957, 961.
18.49 Connection boxes on machines.
18.50 Protection against external arcs and SOURCE: 33 FR 4660, Mar. 19, 1968, unless
sparks. otherwise noted.
18.51 Electrical protection of circuits and
equipment. Subpart A—General Provisions
18.52 Renewal of fuses.
18.53 High-voltage longwall mining systems. § 18.1 Purpose.
18.54 High-voltage continuous mining ma-
chines. The regulations in this part set forth
the requirements to obtain MSHA: Ap-
Subpart C—Inspections and Tests proval of electrically operated ma-
18.60 Detailed inspection of components. chines and accessories intended for use
in gassy mines or tunnels, certification
18.61 Final inspection of complete machine.

18.62 Tests to determine explosion-proof of components intended for use on or
characteristics. with approved machines, permission to
102
modify the design of an approved ma- the conductors of which are of smaller
chine or certified component, accept- size than the main circuit.
ance of flame-resistant hoses, sanction Bureau means the U.S. Bureau of
for use of experimental machines and Mines.
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,
label, or marking, the design of which
As used in this part— meets MSHA’s 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 MSHA’s 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
the assembly of an electrical machine Distribution box means an enclosure
or accessory and seeks approval, cer- through which one or more portable ca-
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 MSHA’s 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
103
§ 18.2 30 CFR Ch. I (7–1–20 Edition)
walls or cover(s), and (2) without igni- (Pub. L. 91–173, as amended by Pub. L.
tion of surrounding methane-air mix- 95–164, 30 U.S.C. 801).
tures or discharge of flame from inside Permit means a formal document,
to outside the enclosure. signed by the Assistant Secretary, au-
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 insulating 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. tween the last short-circuit protective
Natural gas containing a high percent- device, acceptable to MSHA, in the sys-
age of methane is a satisfactory sub- tem and the machine or accessory to
stitute for pure methane in most tests. which it transmits electrical energy.)
Gassy mine means a coal mine classed Portable equipment means equipment
as ‘‘gassy’’ by MESA or by the State in that may be moved frequently and is
which the mine is situated. constructed or mounted to facilitate
Incendive arc or spark means an arc or such movement.
spark releasing enough electrical or Potted component means a component
thermal energy to ignite a flammable that is entirely embedded in a solidi-
mixture of the most easily ignitable fied insulating material within an en-
composition. closure.
Intrinsically safe means incapable of Pressure piling means the develop-
releasing enough electrical or thermal ment of abnormal pressure as a result
energy under normal or abnormal con- of accelerated rate of burning of a gas-
ditions to cause ignition of a flam- air mixture. (Frequently caused by re-
mable mixture of methane or natural stricted configurations within enclo-
gas and air of the most easily ignitable sures.)
composition. Qualified representative means a per-
MESA means the United States De- son authorized by MSHA to determine
partment of the Interior, Mining En- whether the applicable requirements of
forcement and Safety Administration. this part have been complied with in
Predecessor organization to MSHA, the original manufacture, rebuilding,
prior to March 9, 1978. or repairing of equipment for which ap-
Mobile equipment means equipment proval, certification, or a permit is
that is self-propelled. sought.
MSHA means the United States De- Splice box means a portable enclosure
partment of Labor, Mine Safety and in which electrical conductors may be
Health Administration. joined.
Normal operation means the regular Step (rabbet) joint means a joint com-
performance of those functions for prised of two adjoining surfaces with a
which a machine or accessory was de- change(s) in direction between its inner
signed. and outer edges. (A step joint may be
Permissible equipment means a com- composed of a cylindrical portion and a
pletely assembled electrical machine plane portion or of two or more plane
or accessory for which a formal ap- portions.)
proval has been issued, as authorized Threaded joint means a joint con-
by the Administrator, Mining Enforce- sisting of a male- and a female-thread-
ment and Safety Administration under ed member, both of which are of the
the Federal Coal Mine Health and Safe- same type and gage.
ty Act of 1969 (Pub. L. 91–173, 30 U.S.C. [33 FR 4660, Mar. 19, 1968, as amended at 39
801 or, after March 9, 1978, by the As-
FR 23999, June 28, 1974; 43 FR 12314, Mar. 24,

sistant Secretary under the Federal 1978; 57 FR 61223, Dec. 23, 1992; 73 FR 80611,
Mine Safety and Health Act of 1977 Dec. 31, 2008]
104
§ 18.3 Consultation. (i) Written evidence of the labora-

tory’s 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 MSHA’s
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, sion’s (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 60079–0, Fourth Edition,
mitted in accordance with § 5.40. 2004–01); 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, 2003–11) (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
§ 18.6 30 CFR Ch. I (7–1–20 Edition)
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 202–741–6030, 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 Varembé, 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 1⁄2 inch, 3⁄4
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 101⁄2″) 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 manufacturer’s 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 Hose—a 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
§ 18.7 30 CFR Ch. I (7–1–20 Edition)
(k) The applicant shall submit a fac- tests, chemical analysis of materials or
tory-inspection form (see Figure 4 in any details of the applicant’s 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 Bureau’s 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 applicant’s 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 applicant’s property or injury to
71 FR 28584, May 17, 2006; 73 FR 52211, Sept. applicant’s 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 MSHA’s 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. 2G–3000; seventh for which a letter of certification has
extension No. 2G–3000–7.) 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 MSHA’s letter of cer-
to MSHA’s 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 (7–1–20 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 1⁄4 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] 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-
MSHA’s 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 B—Construction 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
tory’s 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. SURFACES—Continued
(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 (7–1–20 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 Enclosures—joints 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 1⁄4″ 3 3⁄8″ 3 1⁄2″
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 VOLUME—Continued


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) ............................... 1⁄4″ 1⁄4″ 3⁄8″
Minimum thread engagement 10 ........................................................................ 1⁄4″ 1⁄4″ 3⁄8″
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

Joint—minimum width 1″ .................................................................... ........................ ........................ 14 7⁄16″
Joint—less than 1″ wide ..................................................................... 1⁄8″ 3⁄16″ ........................
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 1⁄32 inch less is allowable for machining rolled plate.
3 1⁄16 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 1⁄8 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 1⁄4 inch or greater in
length. If the perpendicular portion is more than 1⁄8 inch but less than 1⁄4 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 7⁄16″ (1⁄4″ minimum) will be acceptable provided the diametrical clearance for fastening bolts does not exceed
1⁄32″.
15 Shafts or operating rods through journal bearings shall be at least 1⁄4″ 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 J–3 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 J–4 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 1⁄2 inch within the outer edge of
113
§ 18.32 30 CFR Ch. I (7–1–20 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 manufacturer’s 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 manufacturer’s
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 Fastenings—additional 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 1⁄8–inch 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 1⁄8 inch. If the dis-
mating part which forms the required tance is 1⁄8 to 1⁄4 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 1⁄64 inch for not less than 1⁄2 inch
the applicant’s 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 1⁄4 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 1⁄8 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 JOINTS—INCHES
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 1⁄2 ............................. 3⁄32 .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 (7–1–20 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.
bler’s 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. S–19–81, 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 1⁄8 inch wire or cable insulation and the holes
or more to travel without meeting in- in the bushings shall not exceed 1⁄16–
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 1⁄2 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 3⁄16-inch di- able for plugging. The tubing or duct
ameter if round, or not less than 3⁄16 by specified for the passageway shall be
3⁄16 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.
ple—synthetic 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 1⁄32–inch, 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 3⁄16 inch. The flame resistance of hose
the packing material fits) shall not ex- conduit will be determined in accord-
ceed 1⁄32–inch. 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 (7–1–20 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. 1⁄2-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-
facturer’s 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-
tor’s 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 (7–1–20 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-
chine’s 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 (7–1–20 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
CTI≥500 380≤CTI<500 175≤CTI<380 CTI<175
2,400 ................................................. 0–0 1.50 1.95 2.40 2.90

0–G 1.00 1.25 1.55 1.85
4,160 ................................................. 0–0 2.40 3.15 3.90 4.65
0–G 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
1⁄2 ........................................................... * 1.2 2.0 2.7 6.5 9.8 13.0
5⁄8 ........................................................... * 0.9 1.5 2.1 5.1 7.7 10.4
3⁄4 ........................................................... * 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 Applicable—MSHA doesn’t allow aluminum wall or covers to be 1⁄4 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 (7–1–20 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 ..................................... 0–0 1.50 1.95 2.40 2.90

0–G 1.00 1.25 1.55 1.85
4,160 ..................................... 0–0 2.40 3.15 3.90 4.65
0–G 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
1⁄2 ........................................................... * 1.2 2.0 2.7 6.5 9.8 13.0
5⁄8 ........................................................... * 0.9 1.5 2.1 5.1 7.7 10.4
3⁄4 ........................................................... * 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 (7–1–20 Edition)
4 Not Applicable—MSHA does not allow aluminum wall or covers to be 1⁄4 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 × 10−6 −
(C) (d) 2
(ii) Aluminum Wall/Cover:
(35 + 105(C)) ( Isc ) (t) d

MFD = 1.032 × 10−5 −
(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. The high-voltage switchgear manufactured
following static pressure test must be after the prototype was tested must
performed on each prototype design of undergo one of the following tests or
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 C—Inspections 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- MSHA’s 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 (7–1–20 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) Hose—four specimens each 6 rent for at least 3 minutes to deter-
inches long by 1⁄2-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) Hose—hose 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 (16–81⁄2 inches re- raised letters on depressed background,
duction) to attain constant air veloci- or printed letters with the words
ties at any speed between 50–500 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 1⁄4-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 1⁄4–inch below the pulley cover lent thereof, at or near the center.
edge of the specimen and with about Three of four samples shall withstand
1⁄2–inch 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
4≤D<5 .................................................................. 9 to meet a particular condition.
5≤D<6 .................................................................. 15
(3) Those components which affect in-
6≤D ...................................................................... 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.
MSHA’s 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 (7–1–20 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 D—Machines Assembled
(6) No ignition shall occur when ap- With Certified or Explosion-
proximately 1⁄2–inch 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 MSHA’s 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 201 12th Street South, Arlington, VA
22202–5452, and send a copy to the U.S.
U.S. Department of Labor, Mine Safety
Department of Labor, Mine Safety and
and Health Administration, Approval
Health Administration, Approval and
and Certification Center, 765 Tech- Certification Center, 765 Technology
nology Drive, Triadelphia, WV 26059. Drive, Triadelphia, WV 26059.
[33 FR 4660, Mar. 19, 1968, as amended at 43 (b) Requirements—(1) Constructional.
FR 12314, Mar. 24, 1978; 52 FR 17514, May 8, (i) Experimental equipment shall be so
1987; 73 FR 52211, Sept. 9, 2008] constructed that it will not constitute
a fire or explosion hazard.
§ 18.81 Field modification of approved (ii) Enclosures designed as explosion-
(permissible) equipment; applica- proof, unless already certified, or com-
tion for approval of modification; ponents of previously approved (per-
approval of plans for modification missible) machines, shall be submitted
before modification. to MSHA for inspection and test and
(a) An owner of approved (permis- shall meet the applicable design re-
sible) equipment who desires to make quirements of subpart B of this part.
modifications in such equipment shall Components designed as intrinsically
apply in writing to make such modi- safe also shall be submitted to MSHA
fications. The application, together for investigation.
with the plans of modifications, shall (iii) MSHA may, at its discretion,
be filed with the U.S. Department of waive the requirements for detailed
Labor, Mine Safety and Health Admin- drawings of component parts, inspec-
tions, and tests provided satisfactory
istration, Approval and Certification
evidence is submitted that an enclo-
Center, 765 Technology Drive,
sure has been certified, or otherwise
Triadelphia, WV 26059.
accepted by a reputable testing agency
(b) Proposed modifications shall con- whose standards are substantially
form with the applicable requirements equivalent to those set forth in subpart
of subpart B of this part, and shall not B of this part.
substantially alter the basic functional (2) Specifications. The specifications
design that was originally approved for for experimental equipment shall in-
the equipment. clude a layout drawing (see Figure 1 in
(c) Upon receipt of the application Appendix II) or photograph(s) with the
for modification, and after such exam- components, including overcurrent-
ination and investigation as may be protective device(s) with setting(s)
deemed necessary by MSHA, MSHA identified thereon or separately; a wir-
will notify the owner and the District ing diagram; and descriptive material
office of the mine workers’ organiza- necessary to insure safe operation of
tion having jurisdiction at the mine the equipment. Drawings already filed
where such equipment is to be operated with MSHA need not be duplicated by
stating the modifications which are the applicant, but shall be properly
proposed to be made and MSHA’s ac- identified.
tion thereon. (c) Final inspection. Unless equipment
is delivered to MSHA for investigation,
[33 FR 4660, Mar. 19, 1968, as amended at 43 the applicant shall notify the U.S. De-
FR 12314, Mar. 24, 1978; 60 FR 35693, July 11, partment of Labor, Mine Safety and
1995; 73 FR 52211, Sept. 9, 2008] Health Administration, Approval and
131
Pt. 18, Subpt. D, App. I 30 CFR Ch. I (7–1–20 Edition)
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; 80 FR
that for reasons beyond the control of 52985, Sept. 2, 2015]
APPENDIX I TO SUBPART D OF PART 18

LIST OF TABLES
Table Title
No.
1 Portable power cable ampacities—600 volts.

2 Portable cord ampacities—600 volts.
3 Portable power cable ampacities—601 to 5,000 volts.
4 Normal diameter of round cables with tolerances in inches—600 volts.
5 Nominal dimension of flat cables with tolerances in inches—600 volts.
6 Nominal diameter of heavy jacketed cords with tolerances in inches—600 volts.
7 Nominal diameter of three-conductor portable power cables with tolerances in inches—601 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 1—PORTABLE POWER CABLE AMPACITIES—600 VOLTS (AMPERES PER CONDUCTOR BASED
ON 60 °C. COPPER TEMPERATURE—40 °C. AMBIENT)
Single con- 2-conductor, 3-conductor,

Conductor size—AWG 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 1—PORTABLE POWER CABLE AMPACITIES—600 VOLTS (AMPERES PER CONDUCTOR BASED
ON 60 °C. COPPER TEMPERATURE—40 °C. AMBIENT)—Continued
Single con- 2-conductor, 3-conductor,

Conductor size—AWG 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 2—PORTABLE CORD AMPACITIES—600 VOLTS (AMPERES PER CONDUCTOR BASED ON 60 °C.
COPPER TEMPERATURE—40 °C. AMBIENT)
Conductor size—AWG 1–3 conductor 4–6 conductor 7–9 conductor
14 ............................................................................. 15 12 8
12 ............................................................................. 20 16 11
10 ............................................................................. 25 20 14
TABLE 3—PORTABLE POWER CABLE AMPACITIES—601 TO 5,000 VOLTS (AMPERES PER CONDUCTOR
BASED ON 75 °C. COPPER TEMPERATURE—40 °C. AMBIENT)
3-conductor types G-GC and SIIC-GC 3-conductor type SHD-GC 2,001–5,000
Conductor size—AWG 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 4—NOMINAL DIAMETERS OF ROUND CABLES WITH TOLERANCES IN INCHES—600 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 (7–1–20 Edition)
TABLE 5—NOMINAL DIMENSIONS OF FLAT CABLES WITH TOLERANCES IN INCHES—600 VOLTS

2-conductor 3-conductor—Type 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 6—NOMINAL DIAMETERS OF HEAVY JACKETED CORDS WITH TOLERANCES IN INCHES—600

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 7—NOMINAL DIAMETERS OF THREE-CONDUCTOR PORTABLE POWER CABLES WITH

TOLERANCES IN INCHES—601 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)
2,001–3,000 volts 3,001–5,000 volts
Conductor size—AWG 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 8—FUSE RATINGS OR INSTANTANEOUS SETTING OF CIRCUIT BREAKERS FOR SHORT-CIRCUIT

PROTECTION OF PORTABLE CABLES AND CORDS
Maximum allowable circuit
Conductor size—AWG 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 8—FUSE RATINGS OR INSTANTANEOUS SETTING OF CIRCUIT BREAKERS FOR SHORT-CIRCUIT

PROTECTION OF PORTABLE CABLES AND CORDS—Continued
Maximum allowable circuit
Conductor size—AWG 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 9—SPECIFICATIONS FOR PORTABLE CABLES LONGER THAN 500 FEET 1

Normal ampacity at 60 °C.
Conductor size—AWG 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.
TABLE 10—HIGH VOLTAGE TRAILING CABLE AMPACITIES AND OUTSIDE DIAMETERS

Power conductor Ampacity * Outside diameter **
(inches)
Amperes per
Size AWG or kcmil SHD–GC 2001 SHD–CGC 2001 SHD–PCG 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%.
[33 FR 4660, Mar. 19, 1968; 33 FR 6345, Apr. 26, 1968, as amended at 42 FR 8373, Feb. 10, 1977;
75 FR 17549, Apr. 6, 2010; 75 FR 20918, Apr. 22, 2010]
135
Pt. 18, Subpt. D, App. II 30 CFR Ch. I (7–1–20 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 2—SAMPLE 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)
lllllllllllllllllllllllllllllllllllllllllllll
Model:
(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)
Cable—Motor to Starter:
Cond. No. lll, lll″
O.D., lll′ Long
Hose—Motor to Starter Cable:
lll″ I.D., lll″ O.D., lll ′ Long
Portable (Trailing) Cable—
Type: llllllllllllllllllllllllllllllllllllllllllllll
Cond. No. lll, lll″
O.D., lll′ Long
Hose—for 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
or—as 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 3—MATERIAL TO BE INCLUDED WITH THE OPERATING INSTRUCTIONS—ON 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 (7–1–20 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 4—SAMPLE 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 1⁄8-inch clearance remains between packing
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 E—Field 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 (7–1–20 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 6–1481 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. 6–1481, 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 (7–1–20 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. 6–1481 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 19—ELECTRIC 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.
19.5 General requirements for approval. NOTE: Paragraph (b) of this section is
19.6 Specific requirements for approval. issued under the authority of Sec. 101 of the
19.7 Protection against explosion hazard. Federal Mine Safety and Health Act of 1977,
19.8 Protection against bodily hazard. Pub. L. 91–173 as amended by Pub. L. 95–164,
19.9 Performance. 91 Stat. 1291 (30 U.S.C. 811). All other para-
19.10 Material required for MSHA records. graphs in this section continue under the
19.11 How approvals are granted. original authority.
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
§ 19.4 30 CFR Ch. I (7–1–20 Edition)
(1) Written evidence of the labora- which leads to approval for permissi-
tory’s 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 MSHA’s 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 wearer’s (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
§ 19.8 30 CFR Ch. I (7–1–20 Edition)
fuse to such a value 4 as will not (b) Bulb life. The average life of the
produce sparks that will ignite an ex- bulbs shall be not less than 200 hours,
plosive mixture of methane and air. and at least 92 percent of the bulbs
(f) It shall not be possible to obtain a shall have a life of 150 hours. The life of
difference of potential between any two a bulb is the number of hours its main
accessible points of the cap lamp when filament will burn in the cap lamp or
assembled for use. its equivalent.
The life of a bulb having main fila-
NOTE: Paragraph (a) of this section is
issued under the authority of Sec. 101 of the
ments in parallel is considered ended
Federal Mine Safety and Health Act of 1977, when the first filament ceases to burn;
Pub. L. 91–173 as amended by Pub. L. 95–164, the life of a bulb having independent
91 Stat. 1291 (30 U.S.C. 811). All other para- main filament is considered ended
graphs in this section continue under the when the last filament ceases to burn.
original authority. (c) Bulb uniformity. (1) The bulbs sub-
(Sec. 101, Federal Mine Safety and Health mitted shall meet the following min-
Act of 1977, 91 Stat. 1291 (30 U.S.C. 811)) imum requirements for variation in
current consumption and candlepower:
[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as
amended at 47 FR 11369, Mar. 16, 1982] (2) The current consumption of at
least 94 percent of the bulbs shall not
§ 19.8 Protection against bodily haz- exceed the average current by more
ard. than 6 percent. The candlepower (s. cp.)
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
therefore requires that: (d) Corrosion of contacts. Battery ter-
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
under actual service conditions. Lamps [Sched. 6D, 4 FR 4003, Sept. 21, 1939, as
passing a laboratory spilling test will amended at 47 FR 11369, Mar. 16, 1982]
be considered satisfactory in this re-
spect, contingent upon satisfactory § 19.10 Material required for MSHA
performance in service. records.
(b) Corrosion of battery container. The In order that MSHA may know ex-
material of which the container is actly what it has tested and approved,
made shall resist corrosion under con- detailed records are kept covering each
ditions of use. investigation. These include drawings
and actual equipment, as follows:
§ 19.9 Performance. (a) Drawings. The original drawings
In addition to the general design and submitted with the application for the
the safety features, MSHA considers tests and the final drawings, which the
that a lamp of permissible type should manufacturer must submit to MSHA
meet certain minimum requirements before the approval is granted, to show
with respect to performance, as fol- the details of the lamp as approved.
lows: These drawings are used to identify the
(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
permanent record of the investigation
4 The
and of the lamps submitted.
following maximum short-circuit
current values may be used as a guide in the (2) If the lamp is approved, MSHA
will require the manufacturer, as soon
design of cap lamp batteries: 100 amperes for

a 4-volt battery; 75 amperes for a 6-volt bat- as his first manufactured lamps are
tery; 50 amperes for an 8-volt battery. available, to submit one complete
146
lamp, bearing the approval plate, as a sible lamps and must not bear MSHA’s
record of his commercial product. approval plate.
(d) Withdrawal of approval. MSHA re-
§ 19.11 How approvals are granted. 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 [Sched. 6D, 4 FR 4003, Sept. 21, 1939, as
testing engineers judge that the lamp amended at 43 FR 12314, Mar. 24, 1978]
has met the requirements of the part
and MSHA’s 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 All approvals are granted with the
lamp as it is to be commercially made. understanding that the manufacturer
No verbal reports of MSHA’s decisions, will make his lamp according to the
concerning the investigation will be drawings which he has submitted to
given, and no informal approvals will MSHA and which have been considered
be granted. and included in the approval. There-
(b) As soon as the manufacturer has fore, when he desires to make any
received the formal approval he shall change in the design of the lamp, he
be free to advertise his lamps as per- should first of all obtain MSHA’s ap-
missible. 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 Safety and Health Administration, Ap-
approval plate. 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- tory’s 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 MSHA’s 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 MSHA’s 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.
147
Pt. 20 30 CFR Ch. I (7–1–20 Edition)
(b) MSHA will consider the applica- mines that may contain dangerous pro-
tion and inspect the drawings and parts portions of methane.
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 20—ELECTRIC 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- nology for which the requirements of
essary for obtaining approval. this part are not applicable if MSHA
20.1 Purpose. determines by testing that the electric
20.2 Definitions.
lamps or flashlights are as safe as
ments. those which meet the requirements of
20.4 [Reserved] this part.
20.5 Conditions governing investigations.
[Sched. 10C, May 17, 1938, as amended at 5 FR
20.6 General requirements.
3467, Aug. 30, 1940; 54 FR 30513, July 20, 1989]
20.7 Specific requirements.
20.8 Class 1 lamps.
20.9 Class 2 lamps.
20.10 Tests (class 1 and 2 lamps). (a) Adequate. Appropriate and suffi-
20.11 Material required for MSHA records. cient as determined by mutual agree-
20.12 How approvals are granted. ment between the manufacturer and
20.13 Approval plate.
20.14 Instructions for handling future MSHA.
changes in lamp design. (b) Approval. Official notification in
writing from MSHA to a responsible or-
AUTHORITY: 30 U.S.C. 957, 961.
ganization, stating that upon inves-
SOURCE: Schedule 10C, May 17, 1938, as tigation its lamp has been adjudged
amended at 5 FR 3467, Aug. 30, 1940, unless satisfactory under the requirements of
otherwise noted.
this part.
§ 20.0 Compliance with the require- (c) Explosion-proof compartment. An
ments necessary for obtaining ap- enclosure that withstands internal ex-
proval. plosions of methane-air mixtures with-
To receive approval of MSHA for any out damage to itself or discharge of
electric mine lamps other than stand- flame and without ignition of sur-
ard cap lamps a manufacturer must rounding explosive methane-air mix-
comply with the requirements specified tures.
in this part. (d) Permissible. Completely assembled
and conforming in every respect with
§ 20.1 Purpose. the design formally approved by MSHA
(a) The purpose of the investigations under this part. (Approvals under this
made under this part is to aid in the part are given only to equipment for
development and use of electric lamps, use in gassy and dusty mines.)
other than standard cap lamps, that [Sched. 10C, May 17, 1938, as amended by
may be used in mines, especially in Supp. 1, 20 FR 2718, Apr. 23, 1955]
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
tory’s 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
§ 20.6 30 CFR Ch. I (7–1–20 Edition)
the tests, prior to receipt of formal no- that will prevent the ignition of explo-
tice of approval. sive mixtures of methane and air by
[Sched. 10C, May 17, 1938, as amended by protecting the bulb from breakage and
Supp. 1, 20 FR 2719, Apr. 23, 1955; 43 FR 12314, preventing exposure of the hot fila-
Mar. 24, 1978; 60 FR 35693, July 11, 1995; 73 FR ment, no separate safety device is re-
52212, Sept. 9, 2008] quired. Alternative designs will be
evaluated by mechanical impact tests,
§ 20.6 General requirements. temperature tests and thermal shock
(a) The lamps shall be durable in 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. MSHA’s 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
glass surrounding the filament is bro- performance in service.
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
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
safety devices, electrical contacts, and
1 Investigation has shown that for practical explosion-proof features.
(b) Photometric tests.
purposes Pittsburgh natural gas (containing

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 (7–1–20 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 MSHA’s 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, MSHA’s 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
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 MSHA’s records concerning ture changes in lamp design.
the lamp are complete, including man- All approvals are granted with the
ufacturer’s 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 MSHA’s 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
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-
tory’s 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 22—PORTABLE 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 30 CFR Ch. I (7–1–20 Edition)
§ 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-
tory’s 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 er’s 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
§ 22.8 30 CFR Ch. I (7–1–20 Edition)
(ii) The average number of deter- of his detectors, with the approval
minations that may be made with an plate attached, as a record of his com-
indicating detector without replace- mercial product.
ment of any part shall be not less than
30, and the average number that may § 22.9 How approvals are granted.
be made without recharging the bat- All approvals are granted by official
tery shall be not less than 15. letter from MSHA. A detector will be
(iii) The scale shall not be subdivided approved under this part only when the
into smaller divisions than the general testing engineers have judged that it
accuracy of the indicating detector has met the requirements of the sched-
warrants. ule and MSHA’s 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 MSHA’s 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 MSHA’s 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- MSHA’s 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 MSHA’s 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 23—TELEPHONES AND
changes in the design, the manufac- SIGNALING DEVICES
turer should first obtain MSHA’s 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.
23.14 Instructions for handling future
under part 6 of this chapter to perform, changes in design.
in whole or in part, the necessary test-
ing and evaluation for approval of AUTHORITY: 30 U.S.C. 957, 961.
Sec. 23.2(f) also issued under 30 U.S.C. 811.
changes to an approved product under
this part, the applicant must provide SOURCE: Schedule 9B, 4 FR 1555, Apr. 11,
to MSHA as part of the approval appli- 1939, unless otherwise noted.
cation:
(i) Written evidence of the labora- § 23.1 Purpose.
tory’s 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
§ 23.2 30 CFR Ch. I (7–1–20 Edition)
the information of State mine inspec- vice, the applicant shall make applica-
tion departments, compensation bu- tion by letter for an investigation lead-
reaus, mine operators, miners, and oth- ing to approval of the device. This ap-
ers interested in safety equipment for plication shall be sent to: U.S. Depart-
mines. ment of Labor, Mine Safety and Health
Administration, Approval and Certifi-
§ 23.2 Definitions. cation Center, 765 Technology Drive,
(a) Adequate means appropriate and Triadelphia, WV 26059, together with
sufficient, as determined by mutual the required drawings, one complete
agreement of the manufacturer, opera- telephone or signaling device, and in-
tors, and MSHA. structions for its operation. Fees cal-
(b) Approval means official notifica- culated in accordance with part 5 of
tion by letter, from MSHA to a respon- this title shall be submitted in accord-
sible organization, stating that the de- ance with § 5.40.
vice under consideration has been (b) Where the applicant for approval
judged to meet the requirements of has used an independent laboratory
this part. under part 6 of this chapter to perform,
(c) Normal operation means the per- in whole or in part, the necessary test-
formance by each part of the device of ing and evaluation for approval under
those functions for which the part was this part, the applicant must provide
designed. to MSHA as part of the approval appli-
(d) Permissible as used in this part cation:
means completely assembled and con- (1) Written evidence of the labora-
forming in every respect with the de- tory’s independence and current rec-
sign formally approved by MSHA under ognition by a laboratory accrediting
this part. (Approvals under this part organization;
are given only to equipment for use in (2) Complete technical explanation of
gassy and dusty mines.) how the product complies with each re-
(e) Protected means effectively cov- quirement in the applicable MSHA
ered, enclosed, or otherwise guarded by product approval requirements;
adequate covers. (3) Identification of components or
(f) Signaling device. As used in this features of the product that are critical
part, a signaling device is one that to the safety of the product; and
gives visual or audible signals. (4) All documentation, including
(g) MESA means the United States drawings and specifications, as sub-
Department of the Interior, Mining En- mitted to the independent laboratory
forcement and Safety Administration. by the applicant and as required by
Predecessor organization to MSHA, this part.
prior to March 9, 1978. (c) An applicant may request testing
(h) MSHA means the U.S. Depart- and evaluation to non-MSHA product
ment of Labor, Mine Safety and Health safety standards which have been de-
Administration. termined by MSHA to be equivalent,
NOTE: Paragraph (f) of this section is product approval requirements under
issued under the authority of Sec. 101 of the
this part.
Federal Mine Safety and Health Act of 1977,
Pub. L. 91–173 as amended by Pub. L. 95–164, [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
158
shall be sent prepaid to: Approval and passed the tests, prior to receipt of the
Certification Center, 765 Technology formal notice of approval.
Drive, Triadelphia, WV 26059.
[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amend-
(b) After the device has been ined by Supp. 1, 20 FR 2975, May 4, 1955; 43 FR
spected by MSHA, the applicant will be 12315, Mar. 24, 1978; 73 FR 52212, Sept. 9, 2008]
notified as to the amount of material
that he will be required to supply for § 23.6 General requirements for ap-
the tests and of the date on which test- proval.
ing will be started. Telephones and signaling devices
(c) Observers at formal investigations shall be durable in construction, prac-
and demonstrations. No one shall be tical in operation, and suitable for con-
present during any part of the formal ditions of underground service. They
investigation conducted by MSHA shall offer no probable explosion hazard
which leads to approval for permissi- under normal operation if use in gassy
bility except the necessary Govern- or dusty mine atmospheres.
ment personnel, representatives of the
applicant, and such other persons as § 23.7 Specific requirements for ap-
proval.
may be mutually agreed upon by the
applicant and MSHA. Upon granting (a) The circuits external to tele-
approval for permissibility, MSHA will phones and signal devices shall be in-
announce that such approval has been trinsically safe; that is, the electrical
granted to the device and may there- design and construction of telephones
after conduct, from time to time in its and signal devices shall be such that
discretion, public demonstrations of neither contact between wires com-
the tests conducted on the approved de- prising the external circuits nor con-
vice. Those who attend any part of the tact of tools or other metal objects
investigation, or any public demonstra- with external terminals and circuits
will result in electrical sparks capable
tion, shall be present solely as observ-
of igniting explosive methane-air mix-
ers; the conduct of the investigation
tures (or such mixtures with coal dust
and of any public demonstration shall in suspension) during normal operation
be controlled by MSHA. Results of of the telephones or signal devices.
chemical analyses of material and all (b) All parts which, during normal
information contained in the drawings, operation, are capable of producing
specifications, and instructions shall sparks that might ignite explosive
be deemed confidential and their dis- methane-air mixtures shall be enclosed
closure will be appropriately safe- in explosion-proof compartments. All
guarded by MSHA. openings in the casings of such com-
(d) Formal tests will not be made un- partments shall be adequately pro-
less the device has been completely detected. It is desirable that openings be
veloped and is in a form that can be as few as possible. All joints in the cas-
marketed. ings of an explosion-proof compart-
(e) The results of the tests shall be ment shall be metal-to-metal so de-
regarded as confidential by all present signed as to have a width of contact,
at the tests and shall not be made pub- measured along the shortest path from
lic in any way prior to the formal ap- the inside to the outside of the com-
proval of the device by MSHA. partment, of not less than 1 inch if the
(f) No verbal report of approval or unoccupied volume (air space) in the
disapproval will be made to the appli- compartment is more than 60 cubic
cant. After MSHA has considered the inches. For unoccupied volume of 60
cubic inches or less, a 3⁄8-inch width of
results of the inspections and tests, a
contact will be acceptable.
formal written report of the approval
(c) All bolts and screw holes shall be
or disapproval will be made to the ap-
‘‘blind’’ or bottomed if the omission of
plicant by MSHA. The applicant shall
a bolt or screw would otherwise leave
not advertise his device as being per- an opening into the compartment. An
missible or approved, or as having adequate lock or seal shall be provided

to prevent tampering and exposure of
159
§ 23.8 30 CFR Ch. I (7–1–20 Edition)
spark-producing parts by unauthorized (b) In addition, compartments of ex-

persons. plosion-proof design will be tested
(d) Battery cells shall be placed in an while filled and surrounded with explo-
explosion-proof compartment or else in sive mixtures containing varying per-
one that is locked or sealed, and the centages of Pittsburgh natural gas 2
terminals and the connections thereto and air, the mixture within the com-
shall be so arranged and protected as partment being ignited by a spark plug
to preclude meddling, tampering, or or other suitable means. For some of
making other electrical connections the tests bituminous-coal dust will be
with them. introduced into the compartment in
(e) Manufacturers shall furnish ade- addition to the explosive mixtures, and
quate instructions for the installation the effects will be noted. A sufficient
and connection of telephones and sig- number of tests will be made under the
nal devices in order that the safety of foregoing conditions to determine the
these devices and other circuits shall ability of the compartment to retain
not be diminished by improper instal- flame without bursting. Even though
lation. MSHA reserves the right to re- the surrounding mixtures are not ig-
quire the attachment of wiring dia- nited, the compartment will not be
grams to the cases of telephones and considered as having passed the tests,
signal devices. if flames are discharged from any joint
(f) If electric light bulbs are used in or opening; if excessive pressures are
signaling devices, they shall be either developed or if serious distortion of the
equipped with effective safety devices, compartment walls take place.
such as are required for permissible
§ 23.9 Special requirements for com-
electric mine lamps, 1 or enclosed in ex- plete devices.
plosion-proof compartments.
(g) Line powered telephones and sig- Telephones and signaling devices will
naling devices or systems shall be be considered nonpermissible if used
equipped with standby power sources under any of the followings conditions:
that have the capacity to enable the (a) Without the approval plate, men-
devices or systems to continue func- tioned hereafter.
tioning in the event the line power (b) With unprotected openings in any
fails or is cut off. Manufacturers shall of the explosion-proof compartments.
furnish instructions for the proper This condition refers to any openings
maintenance of standby power sources. in these compartments, but especially
to those equipped with removable cov-
NOTE: Paragraph (g) of this section is ers.
issued under the authority of Sec. 101 of the (c) If not complete with all of the
Federal Mine Safety and Health Act of 1977, parts considered in the approval.
Pub. L. 91–173 as amended by Pub. L. 95–164,
91 Stat. 1291 (30 U.S.C. 811). All other para-
(d) If installed or connected other-
graphs in this section continue under the wise than in accordance with the in-
original authority. structions furnished by the manufac-
turer.
[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amend- (e) If modified in any manner not au-
ed at 47 FR 11370, Mar. 16, 1982]
thorized by MSHA.
§ 23.8 Inspection and tests. § 23.10 Material required for MSHA
(a) A thorough inspection of the tele- records.
phone or signaling device will be made In order that MSHA may know ex-
to determine its adequacy and permis- actly what it has tested and approved,
sibility. Tests may be made to check it keeps detailed records covering each
the electrical characteristics and con- investigation. These records include
stants of the various parts, and deter- drawings and actual equipment as fol-
mine the adequacy of the insulation lows:
and other parts of features of the de-
vice. 2 Investigation has shown that for test pur-
poses Pittsburgh natural gas (containing a

1 In this case, the requirements of the cur- high percentage of methane) is a satisfactory
rent schedule for mine lamps will apply. substitute for pure methane.
160
(a) Drawings. The original drawings (b) Purpose. The approval plate is a
submitted with the application for the label that identifies the device so that
tests and the final drawings which the anyone can tell at a glance whether or
manufacturer must submit to MSHA not it is of the permissible type. By the
before the approval is granted, to show plate, the manufacturer can point out
the details of the device as approved. that his device complies with MSHA’s
These drawings are used to identify the requirements and that it has been ap-
device in the approval and as a means proved for use in gassy or dusty mines.
of checking the future commercial (c) Use. Permission to place MSHA’s
product of the manufacturer. approval plate on his device obligates
(b) Actual equipment. If MSHA so de- the manufacturer to maintain the
sires, parts of the devices that are used quality of his product and to see that
in the tests will be retained as records each device is constructed according to
of the equipment submitted. If the de- the drawings that have been accepted
vice is approved, MSHA reserves the by MSHA and are in MSHA’s files. De-
right to require the manufacturer to vices exhibiting changes in design that
submit one, with the approval plate at- have not been authorized are not per-
tached and without cost to MSHA, as a missible and must not bear MSHA’s ap-
record of his commercial product. proval plate.
§ 23.11 How approvals are granted. ed at 43 FR 12315, Mar. 24, 1978]
All approvals are granted by official
letter from MSHA. A device will be ap- § 23.13 Withdrawal of approval.
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 MSHA’s 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 MSHA’s 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-
mit a revised drawing or drawings
Permissible Telephone (or Permissible Sig- showing the changes in detail, together
naling Device) Approval No.lllIssued to with one of each of the parts affected.
the llllllllllllllllllll
(2) Where the applicant for approval
Company.
(2) When deemed necessary, an appro- under part 6 of this chapter to perform,
priate caution statement shall be in whole or in part, the necessary test-
added. The size and position of the ap- ing and evaluation for approval of
proval plate shall be satisfactory to changes to an approved product under

MSHA. this part, the applicant must provide
161
to MSHA as part of the approval appli- Subpart B—Construction and Design

cation: Requirements
(i) Written evidence of the labora-
27.20 Quality of material, workmanship, and
tory’s independence and current rec-
design.
ognition by a laboratory accrediting 27.21 Methane-monitoring system.
organization; 27.22 Methane detector component.
(ii) Complete technical explanation 27.23 Automatic warning device.
of how the product complies with each 27.24 Power-shutoff component.
requirement in the applicable MSHA
product approval requirements; Subpart C—Test Requirements
(iii) Identification of components or
features of the product that are critical 27.30 Inspection.
27.31 Testing methods.
to the safety of the product; and
27.32 Tests to determine performance of the
(iv) All documentation, including system.
drawings and specifications, as sub- 27.33 Tests to determine explosion-proof
mitted to the independent laboratory construction.
by the applicant and as required by 27.34 Test for intrinsic safety.
this part. 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
devices for bulbs.
(c) If no tests are necessary, and the
27.38 Tests to determine adequacy of win-
change meets the requirements, the ap- 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
upon satisfactory completion of the SOURCE: 31 FR 10607, Aug. 9, 1966, unless
tests and full compliance with the re- otherwise noted.
quirements.
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;
68 FR 36421, June 17, 2003; 73 FR 52212, Sept. The regulations in this part set forth
9, 2008] the requirements for methane-moni-
toring systems or components thereof
PART 27—METHANE-MONITORING to procure certification for their incor-
SYSTEMS poration in or with permissible equip-
ment that is used in gassy mines, tun-
Subpart A—General Provisions nels, or other underground workings
and procedures for applying for such
Sec. certification.
27.1 Purpose.
27.2 Definitions. [31 FR 10607, Aug. 9, 1966, as amended at 52
27.3 Consultation. FR 17515, May 8, 1987]
ments. § 27.2 Definitions.
27.5 Letter of certification. As used in this part:
27.6 Certification of components. (a) MSHA means the United States
27.7 Certification plate or label.
27.8 [Reserved]
27.9 Date for conducting tests.
Health Administration.
27.10 Conduct of investigations, tests, and (b) Applicant means an individual,
partnership, company, corporation, as-
demonstrations.
27.11 Extension of certification. sociation, or other organization that
27.12 Withdrawal of certification. designs, manufactures, or assembles
162
and that seeks certification or prelimi- mixture of gas is ignited within the en-
nary testing of a methane-monitoring closure, it will withstand the resultant
system or component. pressure without damage to the enclo-
(c) Methane-monitoring system means a sure and/or flame arrester(s). Also the
complete assembly of one or more enclosure and/or flame arrester(s) shall
methane detectors and all other com- prevent the discharge of flame from
ponents required for measuring and within either the enclosure or the
signalling the presence of methane in flame arrester, or the ignition of any
the atmosphere of a mine, tunnel, or flammable mixture that surrounds the
other underground workings, and shall enclosure and/or flame arrester. 1
include a power-shutoff component. (k) Normal operation means that per-
(d) Methane detector means a compo- formance of each component as well as
nent for a methane-monitoring system of the entire assembly of the methane-
that functions in a gassy mine, tunnel, monitoring system is in conformance
or other underground workings to sam- with the functions for which it was de-
ple the atmosphere continuously and signed and for which it was tested by
responds to the presence of methane. MSHA.
(e) Power-shutoff component means a (l) Flame arrester means a device so
component of a methane-monitoring constructed that it will prevent propa-
system, such as a relay, switch, or gation of flame or explosion from with-
switching mechanism, that will cause a in the unit of which it is part to a sur-
control circuit to deenergize a ma- rounding flammable mixture.
chine, equipment, or power circuit (m) Intrinsically safe equipment and
when actuated by the methane detec- circuitry means equipment and cir-
tor. cuitry that are incapable of releasing
(f) Flammable mixture means a mix- enough electrical or thermal energy
ture of a gas, such as methane, natural under normal or abnormal conditions
gas, or similar hydrocarbon gas with to cause ignition of a flammable mix-
normal air, that can be ignited. ture of the most easily ignitable com-
(g) Gassy mine or tunnel means a position.
mine, tunnel, or other underground (n) Fail safe means that the circuitry
workings in which a flammable mix- of a methane-monitoring system shall
ture has been ignited, or has been be so designed that electrical failure of
found with a permissible flame safety a component which is critical in
lamp, or has been determined by air MSHA’s opinion will result in deener-
analysis to contain 0.25 percent or gizing the methane-monitoring system
more (by volume) of methane in any and the machine or equipment of which
open workings when tested at a point it is a part.
not less than 12 inches from the roof, [31 FR 10607, Aug. 9, 1966, as amended at 39
face, or rib. FR 24003, June 28, 1974; 43 FR 12316, Mar. 24,
(h) Letter of certification means a for- 1978]
mal document issued by MSHA stating
that a methane-monitoring system or § 27.3 Consultation.
subassembly or component thereof: By appointment, applicants or their
(1) Has met the requirements of this representatives may visit the U.S. De-
part, and partment of Labor, Mine Safety and
(2) Is certified for incorporation in or Health Administration, Approval and
with permissible or approved equip- Certification Center, 765 Technology
ment that is used in gassy mines and Drive, Triadelphia, WV 26059, to discuss
tunnels. with qualified MSHA personnel pro-
(i) Component means a part of a meth- posed methane-monitoring systems to
ane-monitoring system that is essen- be submitted in accordance with the
tial to its operation as a certified regulations of this part. No charge is
methane-monitoring system. made for such consultation and no
(j) Explosion-proof means that a com-
ponent or group of components (sub- 1 Explosion-proof components or subassem-
assembly) is so constructed and pro-
blies shall be constructed in accordance with

tected by an enclosure with or without the requirements of Part 18 of this sub-
a flame arrester(s) that, if a flammable chapter.
163
§ 27.4 30 CFR Ch. I (7–1–20 Edition)
written report thereof will be made to and block diagrams. All drawings shall
the applicant. include title, number, and date; any re-
[31 FR 10607, Aug. 9, 1966, as amended at 43
vision dates and the purpose of each re-
FR 12316, Mar. 24, 1978; 60 FR 35694, July 11, vision shall also be shown on the draw-
1995; 73 FR 52212, Sept. 9, 2008] ing.
(c) For a complete investigation lead-
§ 27.4 Application procedures and re- ing to certification, the applicant shall
quirements. 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
tory’s 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 MSHA’s
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
164
be accompanied by details of the de- for investigation and testing. The ap-
fects, with a view to possible correc- plicant will be notified of the date on
tion. MSHA will not disclose except to which tests will begin.
the applicant or his authorized rep- NOTE: If an assembly, subassembly, or
resentative, any information because component fails to meet any of the require-
of which a notice of disapproval has ments, testing of it may be suspended and
been issued. other items may be tested. However, if the
(b) A letter of certification will be cause of failure is corrected, testing will be
resumed after completing such other test
accompanied by an appropriate cau- work as may be in progress.
tionary statement specifying the con-
ditions to be observed for operating [31 FR 10607, Aug. 9, 1966, as amended at 70
and maintaining the device(s) and to FR 46343, Aug. 9, 2005]
preserve its certified status.
§ 27.10 Conduct of investigations, tests,
§ 27.6 Certification of components. and demonstrations.
In accordance with § 27.4, manufac- MSHA shall hold as confidential and
turers of components may apply to shall not disclose principles or patent-
MSHA to issue a letter of certification. able features, nor shall it disclose any
To qualify for certification, electrical details of drawings, specifications, or
components shall conform to the pre- related materials. The conduct of all
scribed inspection and test require- investigations, tests, and demonstra-
ments and the construction thereof tions shall be under the direction and
shall be adequately covered by speci- control of MSHA, and any other per-
fications officially recorded and filed sons shall be present only as observers,
with MSHA. Letters of certification except as noted in paragraph (b) of this
may be cited to fabricators of equip- section.
ment intended for use in a certified (a) Prior to the issuance of a letter of
methane-monitoring system as evi- certification, necessary Government
dence that further inspection and test personnel, representatives of the appli-
of the components will not be required. cant, and such other persons as are mu-
tually agreed upon may observe the in-
§ 27.7 Certification plate or label. vestigations or tests.
A certified methane-monitoring sys- (b) When requested by MSHA the ap-
tem or component thereof shall be plicant shall provide assistance in as-
identified with a certification plate or sembling or disassembling components,
label which is attached to the system subassemblies, or assemblies for test-
or component in a manner acceptable ing, preparing components, subassem-
to MSHA. The method of attachment blies, or assemblies for testing, and op-
shall not impair the explosion-proof erating the system during the tests.
characteristics of any enclosure. The (c) After the issuance of a letter of
plate or label shall be of serviceable certification, MSHA may conduct such
material, acceptable to MSHA, and public demonstrations and tests of the
shall contain the following inscription certified methane-monitoring system
with spaces for appropriate identifica- or components as it deems appropriate.
tion of the system or component and
[31 FR 10607, Aug. 9, 1966, as amended at 39
assigned certificate number: FR 24003, June 28, 1974]
Manufacturer’s Name llllllllllll
Description lllllllllllllllll § 27.11 Extension of certification.
(Name) If an applicant desires to change any
Model or Type No llllllllllllll
Certified as complying with the applicable
feature of a certified system or compo-
requirements of Schedule 32A. llllll nent, he shall first obtain MSHA’s ap-
Certificate No llllllllllllllll proval of the change, pursuant to the
following procedure:
§ 27.8 [Reserved] (a)(1) Application shall be made as
for an original certification, requesting
§ 27.9 Date for conducting tests. that the existing certification be ex-
The date of receipt of an application tended to cover the proposed changes.

will determine the order of precedence The application shall include complete
165
§ 27.12 30 CFR Ch. I (7–1–20 Edition)
drawings, specifications, and related suitable materials, is of good work-

data, showing the changes in detail. manship, is based on sound engineering
(2) Where the applicant for approval principles, and is safe for its intended
has used an independent laboratory use. Since all possible designs, arrange-
under part 6 of this chapter to perform, ments, or combinations of components
in whole or in part, the necessary test- cannot be foreseen, MSHA reserves the
ing and evaluation for approval of right to modify the construction and
changes to an approved product under design requirements of components or
this part, the applicant must provide
subassemblies and the tests to obtain
the degree of protection intended by
cation:
(i) Written evidence of the labora- the tests described in Subpart C of this
tory’s independence and current rec- part.
ognition by a laboratory accrediting (b) Unless otherwise noted, the re-
organization; quirements stated in this part shall
(ii) Complete technical explanation apply to explosion-proof enclosures and
of how the product complies with each intrinsically safe circuits.
requirement in the applicable MSHA (c) All components, subassemblies,
product approval requirements; and assemblies shall be designed and
(iii) Identification of components or constructed in a manner that will not
features of the product that are critical create an explosion or fire hazard.
to the safety of the product; and (d) All assemblies or enclosures—ex-
(iv) All documentation, including plosion-proof or intrinsically safe—
drawings and specifications, as sub- shall be so designed that the tempera-
mitted to the independent laboratory
tures of the external surfaces, during
continuous operation, do not exceed 150
this part.
(b) The application will be examined °C. (302 °F.) at any point.
by MSHA to determine whether inspec- (e) Lenses or globes shall be pro-
tion and testing of the modified system tected against damage by guards or by
or component or of a part will be re- location.
quired. MSHA will inform the appli- (f) If MSHA determines that an ex-
cant whether testing is required and plosion hazard can be created by break-
the component or components and re- age of a bulb having an incandescent
lated material to be submitted for that filament, the bulb mounting shall be so
purpose. constructed that the bulb will be eject-
(c) If the proposed modification ed if the bulb glass enclosing the fila-
meets the requirements of this part, a ment is broken.
formal extension of certification will NOTE: Other methods that provide equiva-
be issued, accompanied by a list of re- lent protection against explosion hazards
vised drawings and specifications from incandescent filaments may be consid-
which MSHA has added to those al- ered satisfactory at the discretion of MSHA.
ready on file.
[31 FR 10607, Aug. 9, 1966, as amended at 52 § 27.21 Methane-monitoring system.
FR 17515, May 8, 1987; 68 FR 36421, June 17, (a) A methane-monitoring system
2003] shall be so designed that any machine
§ 27.12 Withdrawal of certification. or equipment, which is controlled by
the system, cannot be operated unless
MSHA reserves the right to rescind the electrical components of the meth-
for cause any certification issued under
ane-monitoring system are functioning
this part.
normally.
(b) A methane-monitoring system
Subpart B—Construction and shall be rugged in construction so that
Design Requirements its operation will not be affected by vi-
§ 27.20 Quality of material, workman- bration or physical shock, such as nor-
ship, and design. mally encountered in mining oper-
ations.
(a) MSHA will test only equipment
that, in its opinion, is constructed of
166
(c) Insulating materials that give off § 27.23 Automatic warning device.
flammable or explosive gases when de-
(a) An automatic warning device
composed shall not be used within en-
shall be suitably constructed for incor-
closures where they might be subjected
poration in or with permissible and ap-
to destructive electrical action.
proved equipment that is operated in
(d) An enclosure shall be equipped gassy mines and tunnels.
with a lock, seal, or acceptable equiva-
(b) An automatic warning device
lent when MSHA deems such protec-
shall include an alarm signal (audible
tion necessary for safety.
or colored light), which shall be made
(e) A component or subassembly of a to function automatically at a meth-
methane-monitoring system shall be ane content of the mine atmosphere be-
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.
§ 27.22 Methane detector component. (a) A power-shutoff component shall
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 MSHA’s opinion, sufficient fre- detector, shall shut down the prime
quency. mover and deenergize all electrical
167
§ 27.30 30 CFR Ch. I (7–1–20 Edition)
components of the machine or equip- to reliability and durability of a meth-

ment. Batteries are to be disconnected ane-monitoring system. The tests shall
as near as possible to the battery ter- be conducted as follows:
minals. Headlights which are approved (1) The methane detector component
under Part 20 of this subchapter shall be placed in a test gallery into
(Schedule 10, or any revision thereof) which natural gas shall be made to
are specifically exempted from this reenter at various rates with sufficient
quirement. turbulence for proper mixing with the
(2) An arrangement for testing the air in the gallery. To comply with the
power-shutoff characteristic to deter- requirements of this test, the detector
mine whether the power-shutoff com-
shall provide an impulse to actuate an
ponent is functioning properly.
alarm at a predetermined percentage of
gas and also provide an impulse to ac-
Subpart C—Test Requirements tuate a power shutoff at a second pre-
§ 27.30 Inspection. determined percentage of gas. (See
§§ 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-
clude: in underground workings to verify reli-
(a) Examining materials, workman- ability and durability of a methane-
ship, and design to determine conform- monitoring system installed in connec-
ance with paragraph (a) of § 27.20. tion with a piece of mining equipment.
(b) Comparing components and sub-
assemblies with the drawings and spec- § 27.33 Test to determine explosion-
proof construction.
ifications to verify conformance with
the requirements of this part. Any assembly, subassembly, or com-
ponent which, in the opinion of MSHA,
§ 27.31 Testing methods. requires explosion-proof construction
A methane-monitoring system shall shall be tested in accordance with the
be tested by MSHA to determine its procedures stated in Part 18 of this
functional performance, and its explo- subchapter.
sion-proof and other safety characteris-
tics. Since all possible designs, ar- § 27.34 Test for intrinsic safety.
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-
sure the safety of such equipment with electric spark from the current in the
regard to explosion and fire hazards. circuit. The circuit-interrupting device
shall be placed in a gallery containing
§ 27.32 Tests to determine perform- various flammable natural gas-air mix-
ance of the system. tures. To meet the requirements of this
(a) Laboratory tests for reliability and test, the spark shall not ignite the
durability. Five hundred successful con- flammable mixture. For this test the
secutive tests 2 for gas detection, alarm circuit-interrupting device shall be op-
action, and power shutoff in natural erated not less than 100 times at 125
gas-air mixtures 3 shall be conducted to percent of the normal operating volt-
demonstrate acceptable performance as age of the particular circuit.
2 Normal replacements and adjustments

shall not constitute a failure.
3 Investigation has shown that, for prac-
tical purposes, natural gas (containing a 4 At the option of MSHA, these tests will be
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
§ 27.35 Tests to determine life of crit- inch. The second test shall be con-
ical components and subassemblies. ducted at a frequency of 15 cycles per
Replaceable components may be sub- second with a total movement per
jected to appropriate life tests at the cycle of 1⁄8-inch. Components, sub-
discretion of MSHA. assemblies, and assemblies shall be se-
cured to the vibration testing equip-
§ 27.36 Test for adequacy of electrical ment in their normal operating posi-
insulation and clearances. tions (with shock mounts, if regularly
MSHA shall examine, and test in a provided with shock mounts). Each
manner it deems suitable, electrical in- component, subassembly and assembly
sulation and clearances between elec- shall function normally during and
trical conductors to determine ade- after each vibration test.
quacy for the intended service. NOTE: The vibrating equipment is designed
to impart a circular motion in a plane in-
§ 27.37 Tests to determine adequacy of
clined 45° to the vertical or horizontal.
safety devices for bulbs.
(b) Field tests. MSHA reserves the
The glass envelope of bulbs with the right to conduct tests to determine re-
filament incandescent at normal oper-
sistance to vibration in underground
ating voltage shall be broken in flam-
workings to verify the reliability and
mable methane-air or natural gas-air
mixtures in a gallery to determine that durability of a methane-monitoring
the safety device will prevent ignition system or component(s) thereof where
of the flammable mixtures. installed in connection with a piece of
mining equipment.
§ 27.38 Tests to determine adequacy of
windows and lenses. § 27.40 Test to determine resistance to
Impact tests. A 4-pound cylindrical dust.
weight with a one-inch diameter hemi- Components, subassemblies, or as-
spherical striking surface will be semblies, the normal functioning of
dropped (free fall) to strike the window which might be affected by dust, such
or lens in its mounting or the equiva- as coal or rock dust, shall be tested in
lent thereof at or near the center. At an atmosphere containing an average
least three out of four samples shall concentration (50 million minus 40 mi-
withstand the impact according to the cron particles per cubic foot) of such
following table: dust(s) for a continuous period of 4
Height hours. The component, subassembly, or
Overall lens diameter (inches) of fall assembly shall function normally after
(inches)
being subjected to this test.
Less than 4 .............................................................. 6
NOTE: Dust measurements, when nec-
4 to 5 ....................................................................... 9
5 to 6 ....................................................................... 15 essary, shall be made by impinger sampling
Greater than 6 ......................................................... 24 and light-field counting technique.
Lenses or windows of smaller diameter § 27.41 Test to determine resistance to

moisture.
than 1 inch may be tested by alternate
methods at the discretion of MSHA. Components, subassemblies, or as-
semblies, the normal functioning of
§ 27.39 Tests to determine resistance which might be affected by moisture,
to vibration.
shall be tested in atmospheres of high
(a) Laboratory tests for reliability and relative humidity (80 percent or more
durability. Components, subassemblies, at 65°–75 °F.) for continuous operating
or assemblies that are to be mounted and idle periods of 4 hours each. The
on permissible and approved equipment component or subassembly or assembly
shall be subjected to two separate vi- shall function normally after being
bration tests, each of one-hour dura-
subjected to those tests.
tion. The first test shall be conducted
at a frequency of 30 cycles per second

with a total movement per cycle of 1⁄16-
169
PART 28—FUSES FOR USE WITH DI- bles in coal mines, or the approval of
RECT CURRENT IN PROVIDING changes or modifications of approved
SHORT-CIRCUIT PROTECTION FOR fuses; (b) to specify minimum perform-
ance requirements and to prescribe
TRAILING CABLES IN COAL methods to be employed in conducting
MINES inspections, examinations, and tests to
determine the effectiveness of fuses for
Subpart A—General Provisions use with direct current in providing
Sec. short-circuit protection for trailing ca-
28.1 Purpose. bles in coal mines; and (c) to provide
28.2 Approved fuses. for the issuance of certificates of ap-
28.3 Installation, use, and maintenance of proval or modifications of certificates
approved fuses. of approval for fuses which have met
28.4 Definitions. the minimum requirements for per-
formance and short-circuit protection
Subpart B—Application for Approval
set forth in this part.
28.10 Application procedures.
§ 28.2 Approved fuses.
Subpart C—Approval and Disapproval
(a) On and after the effective date of
28.20 Certificates of approval; scope of ap- this part, fuses shall be considered to
proval. be approved for use with direct current
28.21 Certificates of approval; contents. in providing short-circuit protection
28.22 Notice of disapproval. for trailing cables in coal mines only
28.23 Approval labels or markings; approval where such fuses are: (1) The same in
of contents; use.
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
Subpart D—Quality Control an approved condition.
28.30 Quality control plans; filing require-
§ 28.3 Installation, use, and mainte-
ments.
nance of approved fuses.
28.31 Quality control plans; contents.
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
Subpart E—Construction, Performance and standards prescribed for short-circuit
Testing Requirements protective devices for trailing cables in
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—
SOURCE: 37 FR 7562, Apr. 15, 1972, unless (a) Applicant means an individual,
otherwise noted. partnership, company, corporation, as-
sociation, or other organization that
Subpart A—General Provisions designs, manufactures, assembles, or
fabricates, or controls the design, man-
§ 28.1 Purpose. ufacture, assembly, or fabrication of a
The purpose of the regulations con- fuse, and who seeks to obtain a certifi-
tained in this Part 28 is: (a) To estab- cate of approval for such fuse.
lish procedures and prescribe require- (b) Approval means a certificate or
ments which must be met in filing ap- formal document issued by MSHA stat-
plications for the approval of fuses for ing that an individual fuse or combina-
use with direct current in providing tion of fuses has met the minimum re-
short-circuit protection for trailing ca- quirements of this Part 28, and that the
170
applicant is authorized to use and at- Administration, Approval and Certifi-

tach an approval label or other equiva- cation Center, 765 Technology Drive,
lent marking to any fuse manufac- Triadelphia, WV 26059. Fees calculated
tured, assembled, or fabricated in con- in accordance with part 5 of this title
formance with the plans and specifica- shall be submitted in accordance with
tions upon which the approval was § 5.40.
based, as evidence of such approval. (d) The certified data and results of
(c) Approved means conforming to the the examinations, inspections, and
minimum requirements of this Part 28. tests required by this part and sub-
(d) MESA means the United States mitted to MSHA for evaluation shall be
Department of the Interior, Mining En- accompanied by a proposed plan for
forcement and Safety Administration. quality control which meets the min-
Predecessor organization to MSHA, imum requirements set forth in Sub-
prior to March 9, 1978. part D of this part.
(e) MSHA means the United States (e) Each applicant shall deliver to
Department of Labor, Mine Safety and MSHA at his own expense, three fuses
Health Administration. of each size and type which may be
(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
[37 FR 7562, Apr. 15, 1972, as amended at 39 approval of any fuse, or to obtain criti-
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
Subpart B—Application for by MSHA as a result of such consulta-
Approval tion.
§ 28.10 Application procedures. [37 FR 7562, Apr. 15, 1972, as amended at 43
FR 12316, Mar. 24, 1978; 52 FR 17515, May 8,
(a) Each applicant seeking approval 1987; 60 FR 35694, July 11, 1995; 70 FR 46343,
of a fuse for use with direct current in Aug. 9, 2005; 73 FR 52212, Sept. 9, 2008]
providing short-circuit protection for
trailing cables shall arrange for sub- Subpart C—Approval and
mission, at applicant’s own expense, of
the number of fuses necessary for test-
Disapproval
ing to a nationally recognized inde- § 28.20 Certificates of approval; scope
pendent testing laboratory capable of of approval.
performing the examination, inspec-
tion, and testing requirements of this (a) MSHA shall issue certificates of
part. approval pursuant to the provisions of
(b) The applicant shall insure, at his this subpart only for individual, com-
own expense, that the examination, in- pletely fabricated fuses which have
spection, and testing requirements of been examined, inspected, and tested as
this part are properly and thoroughly specified in § 28.10, and have been evalu-
performed by the independent testing ated by MSHA to ensure that they
laboratory of his choice. meet the minimum requirements pre-
(c) Upon satisfactory completion by scribed in this part.
the independent testing laboratory of (b) MSHA shall not issue an informal
the examination, inspection, and test- notification of approval.
ing requirements of this part, the data
and results of such examination, in- § 28.21 Certificates of approval; con-
spection, and tests shall be certified by tents.
both the applicant and the laboratory (a) Each certificate of approval shall
and shall be sent for evaluation of such contain a description of the fuse and a
data and results to the U.S. Depart- classification of its current-inter-

ment of Labor, Mine Safety and Health rupting capacity and current rating.
171
§ 28.22 30 CFR Ch. I (7–1–20 Edition)
(b) The certificate of approval shall together with instructions for the in-
specifically set forth any restrictions stallation, use, and maintenance of the
or limitations on the use of the fuse in fuse.
providing short-circuit protection for (c) Legible reproductions or abbre-
trailing cables. viated forms of the label or markings
(c) Each certificate of approval shall approved by MSHA shall be attached to
be accompanied by a reproduction of or printed on each fuse.
the approval label or marking design, (d) Each fuse shall be marked with
as appropriate, to be employed by the
the rating of the Underwriters Labora-
applicant with each approved fuse as
tories, Inc.
provided in § 28.23.
(d) No test data or specific laboratory (e) MSHA shall, where necessary, no-
findings will accompany any certifi- tify the applicant when additional la-
cate of approval; however, MSHA will bels, markings, or instructions will be
release analyses of pertinent test data required.
and specific findings upon receipt of a (f) Approval labels or markings shall
written request by the applicant, or only be used by the applicant to whom
when required by statute or regulation. they were issued.
(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
to the applicant upon written request § 28.10.
or when required by statute or regula- [37 FR 7562, Apr. 15, 1972, as amended at 43
tion, any data, findings, or other infor- FR 12316, Mar. 24, 1978; 45 FR 68935, Oct. 17,
mation with respect to any fuse for 1980]
which a notice of disapproval is issued.
§ 28.24 Revocation of certificates of ap-
§ 28.23 Approval labels or markings; proval.
approval of contents; use.
MSHA reserves the right to revoke,
(a) Approval labels shall bear the em- for cause, any certificate of approval
blem of the Mine Safety and Health issued pursuant to the provisions of
Administration, an approval number, this part. Such causes include, but are
the restrictions, if any, placed upon the not limited to, misuse of approval la-
use of the fuse by MSHA, and where ap- bels and markings, misleading adver-
propriate, the applicant’s name and ad- tising, violations of section 110(h) of
dress. the Federal Mine Safety and Health
(b) Upon receipt of a certificate of ap-
Act of 1977 and failure to maintain or
proval, the applicant shall submit to
cause to be maintained the quality
MSHA, for approval of contents, full-
control requirements of the certificate
scale reproductions of approval labels
of approval.
or markings, as appropriate, and a
sketch or description of the method of [37 FR 7562, Apr. 15, 1972, as amended at 43
application and position on the fuse, FR 12316, Mar. 24, 1978]
172
§ 28.25 Changes or modifications of ap- and assembly work conducted in the

proved fuses; issuance of modifica- applicant’s plant;
tion of certificate of approval. (6) Audit or final inspection of the
(a) Each applicant may, if he desires completed product; and,
to change any feature of an approved (7) The organizational structure nec-
fuse, request a modification of the essary to carry out these provisions.
original certificate of approval issued (b) The sampling plan shall include
by MSHA for such fuse by filing an ap- inspection tests and sampling proce-
plication for modification in accord- dures developed in accordance with
ance with the provisions of this sec- Military Specification MIL-F-15160D,
tion. ‘‘Fuses; Instrument, Power, and Tele-
(b) Applications, including fees, shall phone’’ (which is hereby incorporated
be submitted as specified in § 28.10 for by reference and made a part hereof),
an original certificate of approval, Group A tests and Group B tests, ex-
with a request for a modification of the cept that the continuity and/or resist-
existing certificate to cover any pro- ance characteristics of each fuse shall
posed change. be tested. Military Specification MIL–
(c) The application for modification, F–15160D 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: 866–512–1800, 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 D—Quality Control and shall include but not be limited to:
(1) Continuity and/or resistance de-
§ 28.30 Quality control plans; filing retermination for each fuse;
quirements. (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- (3) Overload current interruption ca-
plicant shall file with MSHA a pro- pability (not less than 135 percent of
posed quality control plan which shall the rated current).
be designed to assure the quality of (d) The quality control inspection
short-circuit protection provided by test method to be used by the applicant
the fuse for which approval is sought. or his agent for each characteristic re-
quired to be tested shall be described in
§ 28.31 Quality control plans; contents. detail.
(a) Each quality control plan shall [37 FR 7562, Apr. 15, 1972, as amended at 43
contain provisions for the management FR 12316, Mar. 24, 1978; 60 FR 35694, July 11,
of quality, including: 1995; 71 FR 16666, Apr. 3, 2006; 73 FR 52212,
(1) Requirements for the production Sept. 9, 2008]
of quality data and the use of quality
control records; § 28.32 Proposed quality control plans;
(2) Control of engineering drawings, approval by MSHA.
documentations, and changes; (a) Each proposed quality control
(3) Control and calibration of meas- plan submitted in accordance with this
uring and test equipment; subpart shall be reviewed by MSHA to
(4) Control of purchased material to determine its effectiveness in insuring
include incoming inspection; the quality of short-circuit protection
(5) Lot identification, control of provided by the fuse for which an ap-
processes, manufacturing, fabrication, proval is sought.
173
§ 28.33 30 CFR Ch. I (7–1–20 Edition)
(b) If MSHA determines that the pro- eration for approval up to 20,000 am-
posed quality control plan submitted peres.
by the applicant will not insure ade- (d) MSHA shall accept the fuse size
quate quality control, MSHA shall re- and ampere rating as specified in the
quire the applicant to modify the pro- Underwriters Laboratories, Inc., stand-
cedures and testing requirements of ard for alternating current fuses (UL–
the plan prior to approval of the plan 198), which is hereby incorporated by
and issuance of any certificate of ap- reference and made a part hereof. This
proval. document is available for examination
(c) Approved quality control plans at the U.S. Department of Labor, Mine
shall constitute a part of and be incor- Safety and Health Administration, Ap-
porated into any certificate of approval proval and Certification Center, 765
issued by MSHA, and compliance with Technology Drive, Triadelphia, WV
such plans by the applicant shall be a 26059, and copies of the document are
condition of approval. available from COMM 2000, 1414 Brook
Drive, Downers Grove, IL 60515; Tele-
§ 28.33 Quality control test methods, phone: 888–853–3512 (toll free); http://
equipment, and records; review by
MSHA; revocation of approval. ulstandardsinfonet.ul.com.
(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-
cant’s 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-
voke, for cause, any certificate of ap- [37 FR 7562, Apr. 15, 1972, as amended at 43
proval where it finds that the appli- FR 12316, Mar. 24, 1978; 60 FR 35694, July 11,
cant’s quality control test methods, 1995; 71 FR 16666, Apr. 3, 2006; 73 FR 52213,
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 E—Construction, 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-
§ 28.40 Construction and performance fined as T = L/R, where T is the time in
requirements; general. seconds, L is the inductance in henries,
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
forth in this subpart. (3) For 100 amperes to 1,000 amperes,
T = 0.006 second or more; and
(b) Fuses submitted to MSHA for ap-
proval will not be accepted unless they (4) For less than 100 amperes, T =
are designed on sound engineering and 0.002 seconds or more.
scientific principles, constructed of (c) Test currents shall be as follows:
suitable materials, and evidence good (1) 200 percent of rated current for
workmanship. fuses having 200 or less ampere rating,
(c) Fuses may be single-element or or 300 percent of rated current for fuses
dual-element in type, however, they having greater than 200 ampere rating;
shall be capable of interrupting any di- (2) 900 percent of rated current;
rect current within a range from the (3) 10,000 amperes; and
ampere rating of the fuse under consid- (4) 20,000 amperes.
174
(d) The voltage shall continue to be 33.35 Methods of drilling; dust-collector

applied for at least 30 seconds after unit.
completion of circuit interruption. 33.36 Method of drilling; combination unit
(e) Five fuses of each case size shall or dust-collecting system.
33.37 Test procedure.
be tested at each test current specified
33.38 Electrical parts.
in paragraph (c) of this section, with
the value of the fuse being the max- AUTHORITY: 30 U.S.C. 957, 961.
imum value for the case size. SOURCE: Schedule 25B, 25 FR 6473, July 9,
(f) Three of each lot of five fuses 1960, unless otherwise noted.
shall be preconditioned at 95 ±5 percent
RH for not less than 5 days imme-
diately prior to testing; and the other
two fuses of each lot of five shall be § 33.1 Purpose.
preconditioned by heating to 90 °C. for
24 hours, and tested within 1 hour after The regulations in this part set forth
removal from the preconditioning the requirements for dust collectors
chamber. used in connection with rock drilling
(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.
PART 33—DUST 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 A—General 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. (c) Certificate of approval means a for-
33.3 Consultation.
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
(d) Certificate of performance means a
demonstrations.
33.9 Certification of dust-collecting sys- formal document issued by MSHA stat-
tems. ing that a dust-collecting system has
33.10 Certificates of approval or perform- met the test requirements of Subpart C
ance. of this part and therefore is suitable
33.11 Approval plates. for use as part of permissible units.
33.12 Changes after certification. (e) Dust-collector unit means a com-
33.13 Withdrawal of certification.
plete assembly of parts comprising ap-
Subpart B—Dust-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.
33.23 Mechanical positioning of parts.
(f) Combination unit means a rock-
drilling device with an integral dust-
Subpart C—Test 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.
33.32 Determination of dust concentration. (g) Dust-collecting system means an as-
sembly of parts comprising apparatus
33.33 Allowable limits of dust concentra-

tion. for collecting the dust that results
33.34 Drilling test. from drilling in rock and is dependent
175
§ 33.3 30 CFR Ch. I (7–1–20 Edition)
upon attachment to other equipment § 33.5 [Reserved]

for its operation.
(h) Applicant means an individual, § 33.6 Application procedures and re-
partnership, company, corporation, as- quirements.
sociation, or other organization that (a)(1) No investigation or testing for
designs and manufactures, assembles certification will be undertaken by
or controls the assembly of a dust-col- MSHA except pursuant to a written ap-
lecting system, dust-collector unit, or plication (except as provided in para-
a combination unit, and seeks certifi- graph (e) of this section), accompanied
cation thereof. by all prescribed drawings, specifica-
tions, and related materials. The appli-
(i) MSHA means the United States
cation and all related matters and cor-
respondence shall be addressed to: U.S.
[Sched. 25B, 25 FR 6473, July 9, 1960, as Health Administration, Approval and
amended at 39 FR 24005, June 28, 1974; 43 FR Certification Center, 765 Technology
12317, Mar. 24, 1978] Drive, Triadelphia, WV 26059. Fees cal-
culated in accordance with part 5 of
§ 33.3 Consultation. this title shall be submitted in accord-
By appointment, applicants or their ance with § 5.40.
representatives may visit the U.S. De- (2) Where the applicant for approval
partment of Labor, Mine Safety and has used an independent laboratory
Health Administration, Approval and under part 6 of this chapter to perform,
Certification Center, 765 Technology in whole or in part, the necessary test-
Drive, Triadelphia, WV 26059, to discuss
this part, the applicant must provide
with MSHA personnel proposed designs
of equipment to be submitted in ac-
cation:
cordance with the regulations of this (i) Written evidence of the labora-
part. No charge is made for such con- tory’s independence and current rec-
sultation and no written report thereof ognition by a laboratory accrediting
will be made to the applicant. organization;
[70 FR 46343, Aug. 9, 2005, as amended at 73 (ii) Complete technical explanation
FR 52213, Sept. 9, 2008] of how the product complies with each
§ 33.4 Types of dust collectors for product approval requirements;
which certificates of approval may (iii) Identification of components or
be granted. features of the product that are critical
(a) Certificates of approval will be to the safety of the product; and
granted only for completely assembled (iv) All documentation, including
drawings and specifications, as sub-
dust-collector or combination units;
mitted to the independent laboratory
parts or subassemblies will not be ap-
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 MSHA’s
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- (c) Shipment of the equipment to be
semination into the mine atmosphere tested shall be deferred until MSHA
has notified the applicant that the ap-
in quantities that would create

unhygienic conditions. plication will be accepted. Shipping in-
structions will be issued by MSHA and
176
shipping charges shall be prepaid by and other expendable components sub-

the applicant. Upon completion of the ject to wear in normal operation, shall
investigation and notification thereof be supplied by the applicant to permit
to the applicant by MSHA, the appli- continuous operation during test peri-
cant shall remove his equipment ods. If special tools are necessary to
promptly from the test site (see § 33.30). disassemble any part for inspection or
(d) Drawings and specifications shall test, they shall be furnished by the ap-
be adequate in number and detail to plicant.
identify fully the design of the unit or
(h) Each unit or system shall be care-
system and to disclose its materials
fully inspected before it is shipped
and detailed dimensions of all compo-
nent parts. Drawings must be num- from the place of manufacture or as-
bered and dated to insure accurate sembly and the results of the inspec-
identification and reference to records, tion shall be recorded on a factory-in-
and must show the latest revision. spection form. The applicant shall fur-
Specifications and drawings, including nish MSHA with a copy of the factory-
a complete assembly drawing with each inspection form with his application.
part that affects dust collection identi- The form shall direct attention to the
fied thereon, shall include: points that must be checked to make
(1) Details of all dust-collector parts. certain that all parts are in proper con-
A manufacturer who supplies the appli- dition, complete in all respects, and in
cant with component parts or sub- as- agreement with the drawings and spec-
semblies may submit drawings and ifications filed with MSHA.
specifications of such parts or sub- (i) With the application the applicant
assemblies direct to MSHA instead of shall furnish MSHA with complete in-
to the applicant. If the unit or system structions for operating and servicing
is certified, MSHA will supply the ap-
the unit or system and information as
plicant with a list, in duplicate, of
to the kind of power required. After
drawing numbers pertaining to such
parts or subassemblies for identifica- MSHA’s investigation, if any revision
tion purposes only. of the instructions is required a revised
(2) Details of the electrical parts of copy thereof shall be submitted to
units designed to operate as face equip- MSHA for inclusion with the drawings
ment (see § 33.38) in accordance with and specifications.
the provisions of Part 18 of Subchapter [Sched. 25B, 25 FR 6473, July 9, 1960, as
D of this chapter. (Bureau of Mines amended at 43 FR 12317, Mar. 24, 1978; 47 FR
Schedule 2, revised, the current revi- 14696, Apr. 6, 1982; 47 FR 28095, June 29, 1982;
sion of which is Schedule 2F). 60 FR 33723, June 29, 1995; 68 FR 36422, June
(3) Storage capacity of the various 17, 2003; 70 FR 46343, Aug. 9, 2005; 73 FR 52213,
stages of dust collection in the dust Sept. 9, 2008]
separator.
(4) Net filter area in the dust sepa- § 33.7 Date for conducting tests.
rator, and complete specifications of The date of acceptance of an applica-
the filtering material.
tion will determine the order of prece-
(e) If an application is made for cer-
dence for testing when more than one
tification of a dust-collector unit or a
combination unit that includes elec- application is pending, and the appli-
trical parts, and is designed to operate cant will be notified of the date on
as electric face equipment, as defined which tests will begin. If a unit or sys-
in § 33.38, the application shall be in tem fails to meet any of the require-
triplicate. ments, it shall lose its order of prece-
(f) The application shall state that dence. If an application is submitted to
the unit or system is completely devel- resume testing after correction of the
oped and of the design and materials cause of failure, it will be treated as a
which the applicant believes to be suit- new application and the order of prece-
able for a finished marketable product. dence for testing will be so determined.
(g) The applicant shall furnish a com-
plete unit or system for inspection and

testing. Spare parts, such as gaskets
177
§ 33.8 30 CFR Ch. I (7–1–20 Edition)
§ 33.8 Conduct of investigations, tests, MSHA does not sanction the use of the
and demonstrations. words ‘‘permissible’’ or ‘‘approved’’ ex-
(a) Prior to the issuance of a certifi- cept as applying to completely assem-
cate of approval or performance, nec- bled equipment, dust-collecting sys-
essary government personnel, rep- tems, which have been certified only as
resentatives of the applicant, and such to performance, shall not be advertised
other persons as may be mutually or labeled in a manner inferring that
agreed upon, may observe the inves- such systems themselves are permis-
tigations or tests. MSHA shall hold as sible or approved by MSHA. However, a
confidential and shall not disclose certified system may be advertised as
principles or patentable features, nor suitable for use on combination units
shall it disclose any details of draw- for which certification may be desired
ings, specifications, and related mate- if the limits of its performance are
rials. After the issuance of a certifi- cited. Certified dust-collecting systems
cate, MSHA may conduct such public
shall bear labels or tags which shall
demonstrations and tests of the unit or
contain the following: ‘‘Performance-
system as it deems appropriate. The
conduct of all investigations, tests, and tested Dust Collecting, System, MSHA
demonstrations shall be under the di- File No. P/Tllll,’’ and name of
rection and control of MSHA, and any manufacturer, identifying numbers of
other persons shall be present only as the dust-collector parts, and descrip-
observers, except as noted in paragraph tion of the limitations for which per-
(b) of this section. formance is certified. MSHA will as-
(b) When requested by MSHA, the ap- sign a P/T file number in the certifi-
plicant shall provide assistance in dis- cation letter.
assembling parts for inspection, pre-
paring parts for testing, and operating § 33.10 Certificates of approval or per-
combination units. formance.
[Sched. 25B, 25 FR 6473, July 9, 1960, as (a) Upon completion of an investiga-
amended at 39 FR 24005, June 28, 1974] tion, MSHA will issue to the applicant
either a certificate or a written notice
§ 33.9 Certification of dust-collecting of disapproval, as they case may re-
systems.
quire. No informal notification of ap-
Manufacturers of dust-collecting sys- proval will be issued. If a certificate is
tems that are designed for integral use issued, no test data or detailed results
on machines with drilling equipment of tests will accompany it. If a notice
may apply to MSHA to issue a certifi- of disapproval is issued, it will be ac-
cate of performance for such systems. companied by details of the defects,
To qualify for a certificate of perform-
with a view to possible correction.
ance, the dust-collecting system shall
have met satisfactorily the test re- MSHA will not disclose, except to the
quirements of Subpart C under speci- applicant, any information on a unit or
fied operating conditions, such as type system upon which a notice of dis-
of drilling equipment, drilling speed, approval has been issued.
and power requirements and the con- (b) A certificate will be accompanied
struction thereof shall be adequately by a list of the drawings and specifica-
covered by specifications and drawings tions covering the details of design and
officially recorded and filed with construction of the unit or system, in-
MSHA. Individual parts of dust-col- cluding the electrical parts, if applica-
lecting systems will not be certified for ble, upon which the certificate is based.
performance. Certificates of perform- Applicants shall keep exact duplicates
ance may be cited to fabricators of of the drawings and specifications sub-
combination units as evidence that fur- mitted and the list of drawing numbers
ther inspection and testing of the dust- referred to in § 33.6(d)(1) that relate to
collecting system will not be required, the certified unit or system, and these
provided the dust-collecting require- are to be adhered to exactly in produc-
ments of the drilling equipment do not
tion.
exceed the limits of performance for
which the system was certified. Since
178
§ 33.11 Approval plates. § 33.12 Changes after certification.

(a) A certificate of approval will be If an applicant desires to change any
accompanied by a photograph of a de- feature of a certified unit or system, he
sign for an approval plate, bearing the shall first obtain MSHA’s approval of
emblem of the Mine Safety and Health the change, pursuant to the following
Administration, the name of the appli- procedure:
cant, the name of the unit, the ap- (a)(1) Application shall be made as
proval number or space for the ap- for an original certificate, requesting
proval number (or numbers if permissi- that the existing certification be ex-
bility of electrical parts is involved), tended to cover the proposed changes,
spaces for the type and the serial num- and shall be accompanied by drawings,
bers of the unit, conditions of approval, specifications, and related data show-
and identifying numbers of the dusting the changes in detail.
collector parts. When deemed nec- (2) Where the applicant for approval
essary by MSHA, an appropriate state- has used an independent laboratory
ment shall be added, giving the pre- under part 6 of this chapter to perform,
cautions to be observed in maintaining in whole or in part, the necessary test-
the unit in an approved condition. ing and evaluation for approval of
(b) An approval plate for a unit de- changes to an approved product under
signed for use in a nongassy coal mine this part, the applicant must provide
shall state that any electrical parts are to MSHA as part of the approval appli-
not certified for use in a gassy coal cation:
mine. (See § 33.38(c).) (i) Written evidence of the labora-
(c) The applicant shall reproduce the tory’s independence and current rec-
design either as a separate plate or by ognition by a laboratory accrediting
stamping or molding it in some suit- organization;
able place on each unit to which it re- (ii) Complete technical explanation
lates. The size, type, and method of at- of how the product complies with each
taching and location of an approval requirement in the applicable MSHA
plate are subject to the approval of product approval requirements;
MSHA. The method of affixing the (iii) Identification of components or
plate shall not impair the dust-collec- features of the product that are critical
tion or explosion-proof features of the to the safety of the product; and
unit. (iv) All documentation, including
(d) The approval plate identifies the drawings and specifications, as sub-
unit, to which it is attached, as permis- mitted to the independent laboratory
sible, and is the applicant’s guarantee by the applicant and as required by
that the unit complies with the re- this part.
quirements of this part. Without an ap- (b) The application will be examined
proval plate, no unit has the status of by MSHA to determine whether inspec-
‘‘permissible’’ under the provisions of tion and testing will be required. Test-
this part. ing will be necessary if there is a possi-
bility that the modification may affect
(e) Use of the approval plate obli-
adversely the performance of the unit
gates the applicant to whom the cer-
or system. MSHA will inform the appli-
tificate of approval was granted to
cant whether such testing is required
maintain the quality of each unit bear-
and the components or materials to be
ing it and guarantees that it is manu-
submitted for that purpose.
factured and assembled according to
(c) If the proposed modification
the drawings and specifications upon
meets the requirements of this part
which a certificate of approval was
and Part 18 of Subchapter D of this
based. Use of the approval plate is not
chapter (Bureau of Mines Schedule 2,
authorized except on units that con-
revised, the current revision of which
form strictly with the drawings and
is Schedule 2F) if applicable, a formal
specifications upon which the certifi- extension of certification will be
cate of approval was based. issued, accompanied by a list of new
[Sched. 25B, 25 FR 6473, July 9, 1960, as and corrected drawings and specifica-
amended at 43 FR 12317, Mar. 24, 1978] tions to be added to those already on
179
§ 33.13 30 CFR Ch. I (7–1–20 Edition)
file as the basis for the extension of equipment or at specific drilling

certification. speeds.
[Sched. 25B, 25 FR 6473, July 9, 1960, as § 33.23 Mechanical positioning of
amended at 52 FR 17515, May 8, 1987; 68 FR
parts.
36422, June 17, 2003]
All parts of a unit that are essential
§ 33.13 Withdrawal of certification. to the dust-collection feature shall be
MSHA reserves the right to rescind provided with suitable mechanical
for cause, at any time, any certifi- means for positioning and maintaining
cation granted under this part. such parts properly in relation to the
stratum being drilled.
Subpart B—Dust-Collector
Requirements Subpart C—Test Requirements
§ 33.20 Design and construction. § 33.30 Test site.
(a) MSHA will not test or investigate Tests shall be conducted at an appro-
any dust collector that in its opinion is priate location determined by MSHA.
not constructed of suitable materials, [39 FR 24005, June 28, 1974]
that evidences faulty workmanship, or
that is not designed upon sound engi- § 33.31 Test space.
neering principles. Since all possible
(a) Drilling tests shall be conducted
designs, arrangements, or combina-
tions of components and materials can- in a test space formed by two curtains
not be foreseen, MSHA reserves the suspended across a mine opening in
right to modify the tests specified in such a manner that the volume of the
this part in such manner to obtain sub- test space shall be approximately 2,000
stantially the same information and cubic feet.
degree of protection as provided by the (b) No mechanical ventilation shall
tests described in Subpart C of this be provided in the test space during a
part. drilling test, except such air movement
(b) Adequacy of design and construc- as may be induced by operation of
tion of a unit or system will be deter- drilling- or dust-collecting equipment.
mined in accordance with its ability (1) (c) All parts of a unit or system shall
to prevent the dissemination of objec- be within the test space during a drill-
tionable or harmful concentrations of ing test.
dust into a mine atmosphere, and (2) to
protect against explosion and/or fire § 33.32 Determination of dust con-
hazards of electrical equipment, except centration.
as provided in § 33.38(b). (a) Concentrations of airborne dust in
the test space shall be determined by
§ 33.21 Modification of test equipment. sampling with a midget impinger appa-
For test purposes the unit or system ratus, and a light-field microscopic
may be modified, such as by attaching technique shall be employed in deter-
instruments or measuring devices, at mining concentrations of dust in terms
MSHA’s discretion; but such modifica- of millions of particles (5 microns or
tion shall not alter its performance. less in diameter) per cubic foot of air
sampled.
§ 33.22 Mode of use. (b) Before a drilling test is started
(a) A unit or system may be designed the surfaces of the test space shall be
for use in connection with percussion wetted; the test space shall be cleared
and/or rotary drilling in any combina- of air-borne dust insofar as practicable
tion of the following drilling positions: by mechanical ventilation or other
(1) Vertically upward, (2) upward at an- means; and an atmospheric sample,
gles to the vertical, (3) horizontally, designated as a control sample, shall be
and (4) downward. collected during a 5-minute period to
(b) Dust-collector units may be de- determine residual airborne dust in the
signed for use with specific drilling test space.
180
(c) A sample of airborne dust, des- to incline not less than 30 and not more
ignated as a test sample, shall be col- than 45 degrees to the vertical. Holes
lected in the breathing zone of the drill designated as ‘‘horizontal’’ shall be
operators during the drilling of each drilled to incline not more than 15 de-
test hole. Time consumed in changing grees to the horizontal.
drill steel shall not be considered as
[Sched. 25B, 25 FR 6473, July 9, 1960, as
drilling time and sampling shall be dis-
amended at 26 FR 2599, Mar. 28, 1961]
continued during such periods.
[Sched. 25B, 25 FR 6473, July 9, 1960, as § 33.35 Methods of drilling; dust-col-
amended at 26 FR 2599, Mar. 28, 1961] lector unit.
(a) General. All drilling shall be done
§ 33.33 Allowable limits of dust con-
centration. with conventional, commercial drilling
equipment—pneumatic-percussion, hy-
(a) The concentration of dust deter- draulic-rotary, and/or electric-rotary
mined by the control sample shall be types—in accordance with the appli-
subtracted from the average concentra- cant’s specifications.
tion of dust determined by the test (b) Pneumatic-percussion drilling. A
samples collected at each drill opera- stoper-type drill with a piston diame-
tor’s position, and the difference shall ter of 21⁄2 to 3 inches shall be used for
be designated as the net concentration
roof drilling, A hand-held, sinker-type
of airborne dust. Calculations of the
drill with a piston diameter of 21⁄2 to 3
average concentration of dust deter-
inches shall be used for down drilling
mined from the test samples shall be
and also for horizontal drilling, except
based upon the results of not less than
that the drill shall be supported me-
80 percent of each set of test samples.
chanically. Compressed air for oper-
(b) Under each prescribed test condi-
ating the drill shall be supplied at a
tion, the net concentration of airborne
gage pressure of 85–95 pounds per
dust at each drill operator’s position
square inch. Drill bits shall be detach-
shall not exceed 10 million particles (5
able, cross type with hard inserts, and
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
11⁄4- and 11⁄2-inch diameter drill bits
§ 33.32(a).
shall be used; in horizontal and down
[Sched. 25B, 25 FR 6473, July 9, 1960, as drilling, 13⁄4-inch diameter bits shall be
amended at 26 FR 2599, Mar. 28, 1961] used. The drill steel shall be 7⁄8-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, 13⁄8
and cleaned before each drilling test is and 11⁄2 inches outside diameter, and
started. 11⁄4-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 13⁄4-inch auger-type drill
designated as ‘‘angle’’ shall be drilled steel shall be used. Drill bits shall be
181
§ 33.36 30 CFR Ch. I (7–1–20 Edition)
sharp when starting to drill each set of quired to comply with the provisions of
10 holes. Part 18 of Subchapter D of this chapter
(Bureau of Mines Schedule 2, revised,
§ 33.36 Method of drilling; combination the current revision of which is Sched-
unit or dust-collecting system. ule 2F).
Drilling shall be conducted in accord- (c) Units with electrical parts and de-
ance with the applicant’s specifications signed for operation only in nongassy
and operating instructions. If special coal mines are not required to comply
drill bits or drill steel are required, with the provisions of Part 18 of Sub-
they shall be furnished to MSHA by the chapter D of this chapter (Bureau of
applicant. Otherwise the drill bit and Mines Schedule 2, revised, the current
drill steel requirements stated in para- revision of which is Schedule 2F). (See
graphs (b) and (c) of § 33.35 shall be § 33.11(b).)
complied with for all types of combina-
tion units or dust-collecting systems. PART 35—FIRE-RESISTANT
§ 33.37 Test procedure. HYDRAULIC FLUIDS
(a) Roof drilling: Drilling shall be
done in friable strata, similar to the Subpart A—General Provisions
roof in the Bureau’s Experimental Sec.
Mine, which tends to produce large 35.1 Purpose.
scale-like cuttings. 35.2 Definitions.
(b) Horizontal drilling: Drilling shall 35.3 Consultation.
be done in strata comparable in hard- 35.4 Types of hydraulic fluid for which cer-
ness to that of coal-mine draw slate. tificates of approval may be granted.
Holes shall be started near the roof of 35.5 [Reserved]
the test space under conditions simu- 35.6 Application procedures and require-
lating the drilling of draw slate in coal ments.
mining. 35.7 Date for conducting tests.
(c) Down drilling: Drilling shall be 35.8 Conduct of investigations, tests, and
done in typical mine floor strata with demonstrations.
a pneumatic percussion-type drill. Five 35.9 Certificates of approval.
holes shall be drilled vertically and 35.10 Approval labels or markings.
five holes shall be drilled at an angle. 35.11 Material required for record.
(d) At MSHA’s discretion drilling in 35.12 Changes after certification.
‘‘on site’’ strata may be acceptable in 35.13 Withdrawal of certification.
lieu of strata requirements in para-
Subpart B—Test Requirements
graphs (a), (b), and (c) of this section.
(See § 33.20(a).) 35.20 Autogenous-ignition temperature test.
35.21 Temperature-pressure spray-ignition
§ 33.38 Electrical parts. test.
(a) Units with electrical parts and de- 35.22 Test to determine effect of evapo-
signed to operate as electric face equip- ration on flammability.
ment (see definition, § 45.44–1 of this 35.23 Performance required for certifi-
chapter) in gassy coal mines shall meet cation.
the requirements of Part 18 of Sub- AUTHORITY: 30 U.S.C. 957, 961.
chapter D of this chapter (Bureau of
SOURCE: Schedule 30, 24 FR 10201, Dec. 17,
Mines Schedule 2, revised, the current 1959, unless otherwise noted.
revision of which is Schedule 2F), and
the examination and testing of the
electrical parts shall be entirely sepa- Subpart A—General Provisions
rate from the examination and testing
of dust-collecting equipment as such. § 35.1 Purpose.
(b) Units with electrical parts de- The regulations in this part set forth
signed to operate only outby the last the requirements for fire-resistant hy-
open crosscut in a gassy coal-mine draulic fluids and concentrates for the
entry, room, or other opening (includ- production thereof to procure their cer-
ing electric-drive units with their con- tification as approved for use in ma-
trols and push buttons) are not re- chines and devices that are operated in
182
coal mines and procedures for applying tion and no written report thereof will
for such certification. be submitted to the applicant.
[Sched. 30, 24 FR 10201, Dec. 17, 1959, as [Sched. 30, 24 FR 10201, Dec. 17, 1959, as
amended at 52 FR 17515, May 8, 1987] amended at 43 FR 12317, Mar. 24, 1978; 60 FR
35694, July 11, 1995; 73 FR 52213, Sept. 9, 2008]
§ 35.4 Types of hydraulic fluid for
As used in this part— which certificates of approval may
(a) Permissible, as applied to hydraulic be granted.
fluids, means that the fluid conforms
to the requirements of this part, and Certificates of approval will be grant-
that a certificate of approval to that ed for completely compounded or
effect has been issued. mixed fluids and not for individual in-
gredients; except that when a con-
(b) MSHA means the United States
centrate is submitted for testing, com-
plete instructions for mixing with
water or other vehicle shall be fur-
(c) Certificate of approval means a for-
nished to MSHA, together with the ve-
mal document issued by MESA stating
hicle other than water, and the ap-
that the fluid has met the require-
proval will cover only the specific mix-
ments of this part for fire-resistant hy-
ture that constitutes the hydraulic
draulic fluids and authorizing the use
fluid for use in coal mines.
of an official identifying marking so
indicating. § 35.5 [Reserved]
(d) Fire-resistant hydraulic fluid means
a fluid of such chemical composition § 35.6 Application procedures and re-
and physical characteristics that it quirements.
will resist the propagation of flame. (a)(1) No investigation or testing will
(e) Concentrate means a substance in be undertaken by MSHA except pursu-
concentrated form that might not be ant to a written application accom-
fire resistant as such but when mixed panied by all descriptions, specifica-
with water or other vehicle in accord- tions, test samples, and related mate-
ance with instructions furnished by the rials. The application and all related
applicant will constitute a fire-resist- matters and correspondence shall be
ant hydraulic fluid. addressed to: U.S. Department of
(f) Applicant means an individual, Labor, Mine Safety and Health Admin-
partnership, company, corporation, as- istration, Approval and Certification
sociation, or other organization that Center, 765 Technology Drive,
manufactures, compounds, refines, or Triadelphia, WV 26059. Fees calculated
otherwise produces, a fire-resistant hy- in accordance with part 5 of this title
draulic fluid or a concentrate for the shall be submitted in accordance with
production thereof, and seeks a certifi- § 5.40.
cate of approval. (2) Where the applicant for approval
[Sched. 30, 24 FR 10201, Dec. 17, 1959, as has used an independent laboratory
amended at 39 FR 24005, June 28, 1974; 43 FR under part 6 of this chapter to perform,
12317, Mar. 24, 1978] in whole or in part, the necessary test-
§ 35.3 Consultation. this part, the applicant must provide
By appointment, applicants or their to MSHA as part of the approval appli-
representatives may visit the U.S. De- cation:
partment of Labor, Mine Safety and (i) Written evidence of the labora-
Health Administration, Approval and tory’s independence and current rec-
Certification Center, 765 Technology ognition by a laboratory accrediting
Drive, Triadelphia, WV 26059, to discuss organization;
with qualified MSHA personnel pro- (ii) Complete technical explanation
posed fluids to be submitted in accord- of how the product complies with each
ance with the regulations of this part.. requirement in the applicable MSHA
No charge is made for such consulta- product approval requirements;
183
§ 35.7 30 CFR Ch. I (7–1–20 Edition)
(iii) Identification of components or lieves to be a suitable marketable

features of the product that are critical product.
to the safety of the product; and (f) The application shall state the na-
(iv) All documentation, including ture, adequacy, and continuity of con-
drawings and specifications, as sub- trol of the constituents of the fluid to
mitted to the independent laboratory maintain its fire-resistant characteris-
by the applicant and as required by tics and how each lot will be sampled
this part. and tested to maintain its protective
(3) An applicant may request testing qualities. MSHA reserves the right to
and evaluation to non-MSHA product have its qualified representative(s) in-
safety standards which have been de- spect the applicant’s control-test
termined by MSHA to be equivalent, equipment, procedures, and records,
under § 6.20 of this chapter, to MSHA’s and to interview the personnel who
product approval requirements under conduct the control tests to satisfy
this part. MSHA that the proper procedure is
(b) Descriptions and specifications being followed to insure that the fire-
shall be adequate in detail to identify resistant qualities of the hydraulic
fully the composition of the hydraulic fluid are maintained.
fluid and to disclose its characteristics. (g) When MSHA notifies the appli-
Descriptions and specifications shall cant that the application will be ac-
include: cepted, it will also notify him as to the
(1) An identifying name or number of number of samples and related mate-
the fluid or concentrate for the produc- rials that will be required for testing.
tion thereof. Ordinarily a 5-gallon sample of hydrau-
(2) Pour point, °F.; freezing point, °F.; lic fluid will be required provided that
color; neutralization number or pH; it is a finished product or, if in con-
viscosity at 100 °F., 150 °F., 175 °F. centrate form, enough shall be fur-
(Saybolt or Furol); viscosity index; spe- nished to make a 5-gallon sample when
cific gravity. mixed with water or other vehicle ac-
(3) A statement of the water or other cording to the applicant’s instructions.
vehicle content in percent by weight or All samples and related materials re-
volume and how it affects fire resist- quired for testing must be delivered
ance of the hydraulic fluid. If water is (charges prepaid) to: U.S. Department
the vehicle, the statement shall in- of Labor, Mine Safety and Health Ad-
clude the applicant’s method for deter- ministration, Approval and Certifi-
mining water content quickly in the cation Center, 765 Technology Drive,
field. Triadelphia, WV 26059.
(c) The application shall state wheth- [Sched. 30, 24 FR 10201, Dec. 17, 1959, as
er the fluid submitted for test is toxic amended at 43 FR 12317, Mar. 24, 1978; 60 FR
or irritating to the skin and what pre- 35694, July 11, 1995; 68 FR 36422, June 17, 2003;
cautions are necessary in handling it. 70 FR 46344, Aug. 9, 2005; 73 FR 52213, Sept. 9,
(d) The application shall state that 2008]
the applicant has tested the fluid
which he believes to have fire-resistant § 35.7 Date for conducting tests.
properties, the basis for such deter- The date of acceptance of an applica-
mination, and submit with his application will determine the order of prece-
tion the data resulting from the appli- dence for testing when more than one
cant’s use or laboratory tests to deter- application is pending, and the appli-
mine the fire-resistant properties of cant will be notified of the date on
the fluid. which tests will begin. However, not
(e) The application shall contain evi- more than two fluids will be tested
dence that the fluid has lubricating consecutively for one applicant pro-
and hydraulic properties and is satis- vided other applications are pending. If
factory for use in underground mining a fluid fails to meet any of the require-
machinery; and shall state that the ments, it shall lose its order of prece-
fluid, or concentrate for the production dence. If an application is submitted to
thereof, is fully developed and is of the resume testing after correction of the
composition that the applicant be- course of failure, it will be treated as a
184
new application and the order of prece- § 35.10 Approval labels or markings.
dence for testing will be so determined.
(a) A certificate of approval will be
§ 35.8 Conduct of investigations, tests, accompanied by a photograph of a de-
and demonstrations. sign for an approval label or marking,
Prior to the issuance of a certificate which shall bear the emblem of the
of approval, necessary Government per- Mine Safety and Health Administra-
sonnel, representatives of the appli- tion and shall be inscribed substan-
cant, and such other persons as may be tially as follows:
mutually agreed upon, may observe the
investigations or tests. MSHA shall PERMISSIBLE FIRE-RESISTANT HYDRAULIC
hold as confidential and shall not dis- FLUID
close features of this hydraulic fluid MSHA Approval No. lllllllllllll
such as the chemical analysis, speci- Issued to llllllllllllllllll
fications, descriptions, and related ma- (Name of Applicant)
terial. After issuing a certificate of ap-
proval MSHA may conduct such public (b) A label so inscribed shall be at-
demonstrations and tests of the ap- tached to each fluid container in such
proved hydraulic fluid as it deems ap- a manner that it cannot be easily re-
propriate. The conduct of all investiga- moved or containers may be so marked
tions, tests, and demonstrations shall with a metal stencil. The letters and
be under the direction and control of numbers shall be at least 1⁄2 inch in
MSHA, and any other persons shall be height and of a color which contrasts
present only as observers. with that of the container.
[Sched. 30, 24 FR 10201, Dec. 17, 1959, as (c) For a concentrate the label or
amended at 39 FR 24005, June 28, 1974] marking shall clearly indicate that the
certification thereof applies only when
§ 35.9 Certificates of approval.
the concentrate is used in exact con-
(a) Upon completion of an investiga- formance with the instructions on such
tion of a hydraulic fluid MSHA will label or marking. The label or marking
issue to the applicant either a certifi- shall clearly indicate the exact amount
cate of approval or a written notice of of water or other vehicle to make the
disapproval as the case may require. fire-resistant hydraulic fluid upon
No informal notification of approval
which the certificate of approval was
will be issued. If a certificate of ap-
proval is issued, no test data or de- based.
tailed results of tests will accompany (d) Appropriate instructions and cau-
it. If a notice of disapproval is issued, tion statements on the handling of the
it will be accompanied by details of the hydraulic fluid or concentrate shall be
defect(s), with a view to possible cor- included on the approval label or
rection. MSHA will not disclose, except marking.
to the applicant, any information on a (e) Use of MSHA’s approval label or
fluid upon which a notice of dis- marking obligates the applicant to
approval has been issued. whom the certificate of approval was
(b) A certificate of approval will be granted to maintain the fire-resistant
accompanied by a list of specifications characteristics of the hydraulic fluid
covering the characteristics of a hy- and guarantees that it is manufactured
draulic fluid upon which the certificate according to the specifications upon
of approval is based. In addition to the which the certificate of approval was
applicant’s record of control in main- based. Use of the approval label or
taining the fire-resistant characteris- marking is not authorized except on
tics, applicants shall keep exact dupli- containers of hydraulic fluids that con-
cates of the specifications that have form strictly with the specifications
been submitted to MSHA and that re-
and characteristics upon which the cer-
late to any fluid which has received a
tificate of approval was based.
certificate of approval; and these are to
be adhered to exactly in production of [Sched. 30, 24 FR 10201, Dec. 17, 1959, as
the certified fluid for commercial pur- amended at 43 FR 12317, Mar. 24, 1978]
poses.
185
§ 35.11 30 CFR Ch. I (7–1–20 Edition)
§ 35.11 Material required for record. acteristics of the fluid. MSHA will in-
MSHA may retain for record all or form the applicant in writing whether
part of the material submitted for test- such testing is required.
ing. Any material that MSHA does not (c) If the proposed modification
require will be returned to the appli- meets the requirements of this part, a
cant at his expense upon receipt of his formal extension of certification will
written request and shipping instruc- be issued, accompanied by a list of new
tions not more than 6 months after the and corrected specifications to be
termination or completion of the tests. added to those already on file, as the
Thereafter MSHA will dispose of such basis for the extension of certification.
surplus material as it deems appro- [Sched, 30, 24 FR 10201, Dec. 17, 1959, as
priate. amended at 52 FR 17515, May 8, 1987; 68 FR
36422, June 17, 2003]
§ 35.12 Changes after certification.
§ 35.13 Withdrawal of certification.
If an applicant desires to change any
specification or characteristic of a cer- MSHA reserves the right to rescind
tified hydraulic fluid, he shall first ob- for cause, at any time, any certificate
tain MSHA’s approval of the change, of approval granted under this part.
pursuant to the following procedures:
(a)(1) Application shall be made, as Subpart B—Test Requirements
for an original certificate of approval,
requesting that the existing certifi- § 35.20 Autogenous-ignition tempera-
cation be extended to cover the pro- ture test.
posed change. The application shall be (a) Purpose. The purpose of this test,
accompanied by specifications and re- referred to hereinafter as the ignition-
lated material as in the case of an temperature test, is to determine the
original application. lowest autogenous-ignition tempera-
(2) Where the applicant for approval ture of a hydraulic fluid at atmos-
has used an independent laboratory pheric pressure when using the syringe-
under part 6 of this chapter to perform, injection method.
in whole or in part, the necessary test- (b) Description of apparatus—(1) Test
ing and evaluation for approval of flask. The test flask, which is heated
changes to an approved product under and into which the test sample is in-
this part, the applicant must provide jected, shall be a commercial 200 ml.
to MSHA as part of the approval appli- borosilicate glass Erlenmeyer flask.
cation: (2) Thermocouples. Calibrated
(i) Written evidence of the labora- thermocouples—iron-constantan or
tory’s independence and current rec- chromelalumel—and a potentiometer
ognition by a laboratory accrediting shall be used for all temperature meas-
organization; urements.
(ii) Complete technical explanation (3) Syringe. A hypodermic syringe
of how the product complies with each (0.25 or 1 cc. capacity) equipped with a
requirement in the applicable MSHA 2-inch No. 18 stainless steel needle and
product approval requirements; calibrated in hundredths of a cubic cen-
(iii) Identification of components or timeter (0.01 cc.) shall be used to inject
features of the product that are critical samples into the heated test flask.
to the safety of the product; and (4) Timer. An electric timer or stop-
(iv) All documentation, including watch calibrated in not more than 0.2
drawings and specifications, as sub- second intervals shall be used to deter-
mitted to the independent laboratory mine the time lag before ignition.
by the applicant and as required by NOTE: Time lag is the time that elapses be-
this part. 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;
186
a transite-ring top and a transite-disk sample injected into the heated test
bottom, each of which is attached to a flask.
metal cylinder. The furnace is heated (iv) If the lowest temperature at
by three elements as follows: (i) A cir- which ignition occurs with the 0.10 cc.
cumferential heater embedded in the sample (in decrements of 5 °F.) is lower
refractory cylinder; (ii) a top or toroi- than that obtained with the 0.07 cc.
dal-neck heater that surrounds the sample, the ignition-temperature test
neck of the test flask; and (iii) a flat procedure shall be repeated using a test
base heater on which the test flask sample of 0.12 cc., then 0.15 cc., and so
rests. The temperature of each heating on by increments of 0.03 cc. until the
element shall be controlled independ- lowest ignition temperature is ob-
ently by an autotransformer. Means tained.
shall be provided for applying (v) If the lowest temperature at
thermocouples at the neck, mid-sec- which ignition is obtained with the 0.10
tion, and base of the test flask, which cc. sample is greater than that ob-
shall be inserted upright in the fur- tained with the 0.07 cc. sample, the ig-
nace. nition temperature test procedure shall
(c) Test procedures—(1) Temperature be repeated by reducing the test sam-
control. Each autotransformer shall be ple to 0.05 cc. and then to 0.03 cc. until
so adjusted that the temperature at the lowest ignition temperature is ob-
the neck, mid-section, and base of the tained.
test flask is uniform within ±2 °F. of (d) Appraisal of test. A fluid shall be
the desired test temperature. considered fire-resistant, according to
(2) Sample injection and timing. A 0.07 the test requirements of this section:
cc. test sample shall be injected into Provided, That in no instance of the ig-
the heated test flask with the hypo- nition-temperature test procedure, as
dermic syringe, and the syringe shall stated in this section, shall the igni-
be withdrawn immediately. Measure- tion temperature of the test sample be
ment of time shall start at the instant less than 600 °F.
the sample is injected.
(3) Observations. (i) If flame does not § 35.21 Temperature-pressure spray-ig-
result in 5 minutes or more after injec- nition tests.
tion of the test sample, the sample (a) Purpose. The purpose of this test
shall be considered nonflammable at shall be to determine the flammability
the test temperature, and the timer of a hydraulic fluid when it is sprayed
shall be stopped. The test flask shall over three different sources of ignition
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.
187
§ 35.22 30 CFR Ch. I (7–1–20 Edition)
(4) Three igniting devices shall pro- fied evaporation temperature constant
vide three different sources of ignition within ±2 °F., shall be used in the test.
as follows: (3) Pipe cleaner. An ordinary smoker’s
(i) A metal trough with a metal cover pipe cleaner (U.S. Tobacco Co., Dill’s or
in which cotton waste soaked in ker- equivalent) shall be used in the test
osene is ignited. procedure, described in paragraph (c) of
(ii) An electric arcing device in which this section.
the arc is produced by a 12,000-volt (c) Test procedures. (1) Three 30-milli-
transformer. liter samples of the fluid shall be
(iii) A propane torch—Bernzomatic or placed in uncovered Petri dishes. Two
equivalent. of these samples shall be inserted in
(5) A means of measuring distances the oven, that shall have been heated
from the nozzle tip to the igniting de- to a temperature of 150 °F., ±2 °F.,
vice shall be provided. which shall be maintained throughout
this test. The third sample shall re-
(c) Test procedures. (1) A 21⁄2-quart
main at room temperature.
sample of the fluid shall be poured into
(2) An electrically operated cycling
the pressure vessel and heated to a
device, such as an automobile wind-
temperature of 150 °F. The temperature
shield wiper mechanism, shall be oscil-
shall be maintained at not less than 145
lated in a horizontal plane, 25 ±2 cycles
°F. or not more than 155 °F. during the
per minute. A pipe cleaner shall be at-
test.
tached to the device so that it will
(2) Nitrogen shall be introduced into
enter and leave a flame of a standard
the vessel at 150 p.s.i.g.
(Bunsen or equivalent) laboratory
(3) The fluid shall be sprayed at each burner, which is adjusted to provide a
igniting device, described in paragraph nonluminous flame approximately 4
(b) (4) of this section, which is moved inches in height without forming a
along the trajectory of the spray. Each sharp inner cone. The cycling device
igniting device shall be held in the shall be so arranged that when a 2-inch
spray at different distances from the length of pipe cleaner is attached
nozzle tip for one minute or until the thereto the exposed end shall describe
flame or arc is extinguished (if less an arc with a radius of 4 inches ±1⁄8
than one minute) to determine this inch. The cycling device shall be so ar-
fire-resistant characteristic of the ranged that when the 2-inch length of
fluid. pipe cleaner is attached thereto, its
(d) Appraisal of tests. If the test proce- midpoint shall be in the center of the
dures in paragraph (c) of this section flame at one extreme end of the cycle.
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
evaporation on flammability. and the pipe cleaner permitted to enter
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
188
shall be removed from the oven and al- 36.6 Application procedures and require-
lowed to cool to room temperature, ments.
after which 5 lengths of 2-inch pipe 36.7 [Reserved]
cleaner shall be soaked separately in 36.8 Date for conducting tests.
36.9 Conduct of investigations, tests, and
the test sample for a period of 2 min- demonstrations.
utes. Then the test procedure stated in 36.10 Certificate of approval.
paragraph (c) (3) of this section shall be 36.11 Approval plates.
repeated. 36.12 Changes after certification.
(5) After one test sample has re- 36.13 Withdrawal of certification.
mained in the oven for a period of 4
hours, the Petri dish containing it Subpart B—Construction and Design
shall be removed from the oven and al- Requirements
lowed to cool to room temperature,
36.20 Quality of material, workmanship, and
after which 5 lengths of 2-inch pipe design.
cleaner shall be soaked separately in 36.21 Engine for equipment considered for
the test sample for a period of 2 min- certification.
utes. Then the test procedure stated in 36.22 Fuel-injection system.
paragraph (c) (3) of this section shall be 36.23 Engine intake system.
repeated. 36.24 Engine joints.
(d) Appraisal of tests. To be deter- 36.25 Engine exhaust system.
mined as fire resistant according to the 36.26 Composition of exhaust gas.
test requirements of this section, the 36.27 Fuel-supply system.
three following results shall be 36.28 Signal or warning device.
achieved: 36.29 Brakes.
36.30 Rerailing device.
(1) The average number of cycles be-
36.31 Fire extinguisher.
fore attaining a self-sustaining flame 36.32 Electrical components and systems.
in the test described in paragraph (c) 36.33 Headlights and fixtures.
(3) of this section shall be 24 or more.
(2) The average number of cycles be- Subpart C—Test Requirements
fore attaining a self-sustaining flame
in the test described in paragraph (c) 36.40 Test site.
(4) of this section shall be 18 or more. 36.41 Testing methods.
(3) The average number of cycles be- 36.42 Inspection.
36.43 Determination of exhaust-gas com-
fore attaining a self-sustaining flame
position.
in the test described in paragraph (c) 36.44 Maximum allowable fuel:air ratio.
(5) of this section shall be 12 or more. 36.45 Quantity of ventilating air.
36.46 Explosion tests of intake and exhaust
§ 35.23 Performance required for cer- systems.
tification. 36.47 Tests of exhaust-gas cooling system.
To qualify as fire-resistant under the 36.48 Tests of surface temperature of engine
regulations of this part, a hydraulic and components of the cooling system.
fluid shall meet each performance re- 36.49 Tests of exhaust-gas dilution system.
quirement and stated in §§ 35.20(d), 36.50 Tests of fuel tank.
35.21(d), and 35.22(d). AUTHORITY: 30 U.S.C. 957, 961.
SOURCE: Schedule 31, 26 FR 645, Jan. 24,
PART 36—APPROVAL REQUIRE- 1961, unless otherwise noted.
MENTS FOR PERMISSIBLE MOBILE
DIESEL-POWERED TRANSPOR- Subpart A—General Provisions
TATION EQUIPMENT
§ 36.1 Purpose.
Subpart A—General Provisions The regulations in this part set forth
Sec. the requirements for mobile diesel-
36.1 Purpose. powered transportation equipment to
36.2 Definitions. procure their approval and certifi-
36.3 Consultation. cation as permissible; procedures for
36.4 Mobile diesel-powered transportation applying for such certification; and
equipment for which certificates of ap- fees.

proval may be granted.
36.5 Letters of certification. [61 FR 55525, Oct. 25, 1996]
189
§ 36.2 30 CFR Ch. I (7–1–20 Edition)
§ 36.2 Definitions. Mobile diesel-powered transportation

equipment. Equipment that is:
(1) Used for transporting the product
this part.
being mined or excavated, or for trans-
Applicant An individual, partnership,
porting materials and supplies used in
company, corporation, association, or
mining or excavating operations;
other organization, that designs, man-
(2) Mounted on wheels or crawler
ufactures, assembles, or controls the
treads (tracks); and
assembly and that seeks a certificate
(3) Powered by a diesel engine as the
of approval or preliminary testing of
prime mover.
mobile diesel-powered transportation
Normal operation. When each compo-
equipment as permissible.
nent and the entire assembly of the
Certificate of approval. A formal docu-
mobile diesel-powered transportation
ment issued by MSHA stating that the
equipment performs the functions for
complete assembly has met the re-
which they were designed.
quirements of this part for mobile die-
Permissible. As applied to mobile die-
sel-powered transportation equipment
sel-powered transportation equipment,
and authorizing the use and attach-
this means that the complete assembly
ment of an official approval plate so in-
conforms to the requirements of this
dicating.
part, and that a certificate of approval
Component. A piece, part, or fixture to that effect has been issued.
of mobile diesel-powered transpor-
Subassembly. A group or combination
tation equipment that is essential to
of components.
its operation as a permissible assem-
bly. [61 FR 55525, Oct. 25, 1996]
Diesel engine. A compression-ignition,
internal-combustion engine that uti- § 36.3 Consultation.
lizes diesel fuel. By appointment, applicants or their
Explosion proof. A component or sub- representatives may visit the U.S. De-
assembly that is so constructed and partment of Labor, Mine Safety and
protected by an enclosure and/or flame Health Administration, Approval and
arrester (s) that if a flammable mix- Certification Center, 765 Technology
ture of gas is ignited within the enclo- Drive, Triadelphia, WV 26059, to discuss
sure it will withstand the resultant with qualified MSHA personnel pro-
pressure without damage to the enclo- posed mobile diesel-powered transpor-
sure and/or flame arrester(s). Also the tation equipment to be submitted in
enclosure and/or flame arrester(s) shall accordance with the regulations of this
prevent the discharge of flame or igni- part. No charge is made for such con-
tion of any flammable mixture that sultation and no written report thereof
surrounds the enclosure. will be submitted to the applicant.
Flame arrester. A device so con- [Sched. 31, 26 FR 645, Jan. 24, 1961, as amend-
structed that flame or sparks from the ed at 43 FR 12318, Mar. 24, 1978; 60 FR 35695,
diesel engine cannot propagate an ex- July 11, 1995; 73 FR 52213, Sept. 9, 2008]
plosion of a flammable mixture
through it. § 36.4 Mobile diesel-powered transpor-
Flammable mixture. A mixture of gas, tation equipment for which certifi-
such as methane, natural gas, or simi- cates of approval may be granted.
lar hydrocarbon gas with normal air, Certificates of approval will be grant-
that will propagate flame or explode ed for completely assembled mobile
violently when initiated by an diesel-powered transportation equip-
incendive source. ment only. Subassemblies or compo-
Fuel-air ratio. The composition of the nents may be granted letters of certifi-
mixture of fuel and air in the combus- cation in accordance with § 36.5.
tion chamber of the diesel engine ex-
pressed as weight-pound of fuel per § 36.5 Letters of certification.
pound of air. When a component or subassembly
MSHA. The United States Depart- meets all of the applicable require-
ment of Labor, Mine Safety and Health ments of Subparts B and C of this part,
Administration. and also its normal operation will not
190
be affected by connection to adjacent by the applicant and as required by

components or subassemblies, MSHA this part.
will issue to the applicant, upon his re- (3) An applicant may request testing
quest, a letter of certification inform- and evaluation to non-MSHA product
ing him that additional inspection or safety standards which have been de-
tests of the component or subassembly termined by MSHA to be equivalent,
will not be required when it is incor- under § 6.20 of this chapter, to MSHA’s
porated without modification in a product approval requirements under
piece of completely assembled mobile this part.
diesel-powered transportation equip- (b) Drawings, specifications, and de-
ment. The applicant may cite this let- scriptions shall be adequate in detail to
ter of certification to another appli- identify fully the complete assembly,
cant who seeks approval and certifi- components, and subassemblies. Draw-
cation of his completely assembled mo- ings, specifications, and descriptions
bile diesel-powered transportation shall include:
equipment and who desires to incor- (1) Assembly drawing(s) showing the
porate the component or subassembly overall dimensions of the equipment,
in such equipment. location and capacity of the fuel tank,
location of flame arresters, exhaust-gas
§ 36.6 Application procedures and re- conditioner and its water-supply tank,
quirements. if applicable, exhaust-gas dilution sys-
(a)(1) No investigation or testing will tem, and other details that are essen-
be undertaken by MSHA except pursu- tial to the functioning of the equip-
ant to a written application accom- ment.
panied by all descriptions, specifica- (2) Except for equipment utilizing
tions, test samples, and related mate- part 7, subpart F power packages, de-
rials. The application and all related tailed drawings showing the intake,
matters and correspondence shall be combustion, and exhaust systems of
the diesel engine, including joints and
addressed to: U.S. Department of
gaskets; the turbulence or
Labor, Mine Safety and Health Admin-
precombustion chamber, if applicable;
istration, Approval and Certification
injector assembly and nozzle details;
Center, 765 Technology Drive,
and any surfaces that form the com-
Triadelphia, WV 26059. Fees calculated
bustion chamber or part thereof, such
in accordance with part 5 of this title
as the cylinder head, piston and cyl-
shall be submitted in accordance with
inder liner; and other features that
§ 5.40.
may affect permissibility, such as ex-
(2) Where the applicant for approval haust-gas conditioner and flame arrest-
has used an independent laboratory ers.
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-
tory’s 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.
191
§ 36.7 30 CFR Ch. I (7–1–20 Edition)
(6) Other drawings, specifications, or ponents of the assembly are in proper

descriptions identifying any feature condition, complete in all respects, and
that MSHA considers necessary for cer- in agreement with the drawings, speci-
tification of the particular mobile die- fications, and descriptions filed with
sel-powered transportation equipment. MSHA.
(c) Shipment of the mobile diesel- (g) With the application, the appli-
powered transportation equipment or cant shall furnish to MSHA complete
component part or subassembly as the instructions for operating and serv-
case may be, shall be deferred until icing his equipment. After completing
MSHA has notified the applicant that MSHA’s investigation, if any revision
the application will be accepted. Ship-
of the instructions is required, a re-
ping instructions will be issued by
vised copy thereof shall be submitted
MSHA and shipping charges shall be
prepaid by the application. Upon com- to MSHA for inclusion with the draw-
pletion of the investigation and notifi- ings and specifications.
cation thereof to the applicant by [Sched. 31, 26 FR 645, Jan. 24, 1961, as amend-
MSHA, the applicant shall remove his ed at 43 FR 12318, Mar. 24, 1978; 47 FR 14696,
equipment promptly from the test site Apr. 6, 1982; 60 FR 33723, June 29, 1995; 60 FR
(see § 36.40). 35695, July 11, 1995; 61 FR 55526, Oct. 25, 1996;
(d) The application shall state that 68 FR 36422, June 17, 2003; 70 FR 46344, Aug. 9,
the equipment is completely developed 2005; 73 FR 52213, Sept. 9, 2008]
and of the design and materials that
the applicant believes to be suitable for § 36.7 [Reserved]
a finished marketable product or is a
§ 36.8 Date for conducting tests.
completely developed component or
subassembly suitable for incorporation The date for acceptance of an appli-
in a finished marketable complete as- cation will determine the order of prec-
sembly of mobile diesel-powered trans- edence for testing when more than one
portation equipment. If the final design application is pending, and the appli-
of a component depends upon results of cant will be notified of the date on
MSHA’s tests, this shall be so stated in which tests will begin. If a complete as-
the application. sembly, or component, or subassembly
(e) For a complete investigation lead- fails to meet any of the requirements,
ing to approval and certification, the it shall lose its order of precedence.
applicant shall furnish a complete op- However, if the cause of failure is cor-
erable assembly for inspecting and rected, testing will be resumed after
testing. Spare parts and expendable
completing such test work as may be
components, subject to wear in normal
in progress.
operation, shall be supplied by the ap-
plicant to permit continuous operation § 36.9 Conduct of investigations, tests,
of the equipment during test periods. If and demonstrations.
special tools are necessary to dis-
assembly any component for inspection (a) Prior to the issuance of a certifi-
or test, the applicant shall furnish cate of approval or a letter of certifi-
these with the equipment to be tested. cation, as the case may require, nec-
(f) With each application, the appli- essary Government personnel, rep-
cant shall submit evidence of how he resentatives of the applicant, and such
proposes to inspect his completely as- other persons as may be mutually
sembled mobile diesel-powered trans- agreed upon may observe the investiga-
portation equipment at the place of tions or tests. MSHA shall hold as con-
manufacture or assembly before ship- fidential and shall not disclose prin-
ment to purchasers. Ordinarily such in- ciples or patentable features prior to
spection is recorded on a factory in- certification, nor shall it disclose any
spection form and the applicant shall details of drawings, specifications, de-
furnish to MSHA a copy of his factory scriptions, or related materials. After
inspection form or equivalent with his the issuance of a certificate of ap-
application. The form shall direct at-
proval, MSHA may conduct such public

tention to the points that must be
checked to make certain that all com-
192
demonstrations and tests of the ap- § 36.11 Approval plates.

proved mobile diesel-powered transpor-
(a) A certificate of approval will be
tation equipment as it deems appro-
accompanied by a photograph of an ap-
priate. The conduct of all investiga- proval plate, bearing the emblem of the
tions, tests, and demonstrations shall Mine Safety and Health Administra-
be under the direction and control of tion and spaces for the approval num-
MSHA, and any other persons shall be ber, the type, the serial number, and
present only as observers, except as ventilation requirement; the name of
noted in paragraph (b) of this section. the complete assembly; and the name
(b) When requested by MSHA, the ap- of the applicant.
plicant shall provide assistance in dis- (b) The applicant shall reproduce the
assembling parts for inspection, pre- design as a separate plate, which shall
paring parts for testing, and operating be attached, in a suitable place, on
equipment during the tests. each complete assembly to which it re-
[Sched. 31, 26 FR 645, Jan. 24, 1961, as amend-
lates. The size, type, and method of at-
ed at 39 FR 24006, June 28, 1974; 61 FR 55526, taching and location of an approval
Oct. 25, 1996] plate are subject to MSHA’s approval.
The method of affixing the approval
§ 36.10 Certificate of approval. plate shall not impair the permissi-
bility (explosion-proof) features of the
(a) Upon completion of investigation
complete assembly of mobile diesel-
of a complete assembly of mobile die-
powered transportation equipment.
sel-powered transportation equipment,
(c) The approval plate identifies the
MSHA will issue to the applicant ei-
equipment, to which it is attached, as
ther a certificate of approval or a writ-
permissible and is the applicant’s guar-
ten notice of disapproval, as the case antee that the equipment complies
may require. No informal notification with the requirements of this part.
of approval will be issued. If a certifi- Without an approval plate no equip-
cate of approval is issued, no test data ment is considered permissible under
or detailed results of tests will accom- the provisions of this part.
pany it. If a notice of disapproval is (d) Use of the approval plate obli-
issued, it will be accompanied by de- gates the applicant to whom the cer-
tails of the defects, with a view to pos- tificate of approval was granted to
sible correction. MSHA will not dis- maintain in his plant the quality of
close, except to the applicant, any in- each complete assembly bearing it and
formation on mobile diesel-powered guarantees that it is manufactured and
transportation equipment upon which assembled according to the drawings,
a notice of disapproval has been issued. specifications, and descriptions upon
(b) A certificate of approval will be which a certificate of approval was
accompanied by a list of drawings, based.
specifications, and related material
covering the details of design and con- ed at 43 FR 12318, Mar. 24, 1978]
struction of equipment upon which the
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 MSHA’s 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.
193
§ 36.13 30 CFR Ch. I (7–1–20 Edition)
(2) Where the applicant for approval Subpart B—Construction and

has used an independent laboratory Design Requirements
under part 6 of this chapter to perform,
in whole or in part, the necessary test- § 36.20 Quality of material, workman-
ing and evaluation for approval of ship, and design.
changes to an approved product under (a) MSHA will test only equipment
this part, the applicant must provide that in the opinion of its qualified rep-
to MSHA as part of the approval appli- resentatives is constructed of suitable
cation: materials, is of good quality workman-
(i) Written evidence of the labora- ship, based on sound engineering prin-
tory’s independence and current rec- ciples, and is safe for its intended use.
ognition by a laboratory accrediting Since all possible designs, arrange-
organization; ments, or combinations of components
(ii) Complete technical explanation and materials cannot be foreseen,
of how the product complies with each MSHA reserves the right to modify the
construction and design requirements
of subassemblies or components and
product approval requirements;
tests thereof to obtain the same degree
(iii) Identification of components or of protection as provided by the tests
features of the product that are critical described in Subpart C of this part.
to the safety of the product; and (b) The quality of material, work-
(iv) All documentation, including manship, and design shall conform to
drawings and specifications, as sub- the requirements of § 7.98(q) of this
mitted to the independent laboratory chapter.
by the applicant and as required by (c) Power packages approved under
this part. part 7, subpart F of this chapter are
(b) The application will be examined considered to be acceptable for use in
by MSHA to determine whether inspec- equipment submitted for approval
tion and testing of the modified equip- under this part. Sections 36.21 through
ment or component or subassembly 36.26 (except § 36.25(f)) and §§ 36.43
will be required. Testing will be nec- through 36.48 are not applicable to
essary if there is a possibility that the equipment utilizing part 7, subpart F
modification may affect adversely the power packages, since these require-
performance of the equipment. MSHA ments have already been satisfied.
will inform the applicant whether such [Sched. 31, 26 FR 645, Jan. 24, 1961, as amend-
testing is required and the component, ed at 61 FR 55526, Oct. 25, 1996]
subassembly, and related material to
be submitted for that purpose. § 36.21 Engine for equipment consid-
ered for certification.
(c) If the proposed modification
meets the requirements of this part, a Only equipment powered by a com-
formal extension of certification will pression-ignition (diesel) engine and
burning diesel fuel will be considered
be issued, accompanied by a list of new
for approval and certification. The
and corrected drawings and specifica-
starting mechanism shall be actuated
tions to be added to those already on
pneumatically, hydraulically, or by
file as the basis for the extension of other methods acceptable to MSHA.
certification. Electric starting shall not be accepted.
[Sched. 31, 26 FR 645, Jan. 24, 1961, as amend- Engines burning other fuels or utilizing
ed at 52 FR 17516, May 8, 1987; 68 FR 36423, volatile fuel starting aids will not be
June 17, 2003] investigated.
§ 36.13 Withdrawal of certification. ed at 61 FR 55526, Oct. 25, 1996]
MSHA reserves the right to rescind
for cause any certificate of approval § 36.22 Fuel-injection system.
granted under this part. This system shall be so constructed
that the quantity of fuel injected can
be controlled at a desired maximum

value and shall be so arranged that this
194
adjustment can be changed only after produce a flame path that will arrest
breaking a seal or unlocking a com- the propagation of an explosion and
partment. Provision shall be made for shall be so designed that improper as-
convenient adjustment of the max- sembly is impossible. In flame arrest-
imum fuel-injection rate to that re- ers of the spaced-plate type, the thick-
quired for safe operation at different ness of the plates shall be at least 0.125
altitudes (elevations above sea level). inch; spacing between the plates shall
The governor, controlling engine speed not exceed 0.018 inch; and the plates
and fuel injection, shall not directly af- forming the flame path shall be at
fect airflow to the engine and provision least 1 inch wide. The unsupported
shall be made to seal or lock its adjust- length of the plates shall be short
ment compartment. Filters shall be enough that deformation during the ex-
provided to insure that only clean fuel plosion tests shall not exceed 0.002
will reach the injection pump or inch. Corrosion-resistant metal shall
injectors. be used to construct flame arresters.
(c) Air shutoff valve. The intake sys-
§ 36.23 Engine intake system. tem shall include a valve, operable
(a) Construction. The intake system from the operator’s compartment, to
(exclusive of the air cleaner) shall be shut off the air supply to the engine.
designed to withstand an internal pres- This valve shall be constructed to per-
sure equal to 4 times the maximum mit its operation only after the fuel
pressure observed in explosion tests, supply to the engine is shut off. In re-
which are described in § 36.46, or a pres- verse operation the valve must open
sure of 125 pounds per square inch, fully before fuel can be supplied to the
whichever is the lesser. Joints in the engine.
intake system shall be formed by metal (d) Air cleaner. An air cleaner shall be
flanges fitted with metal or metal-clad included in the engine intake system
gaskets, positively positioned by and so arranged that only clean air will
through bolts or other suitable means enter the flame arrester. The resist-
for secure assembly, or shall meet the ance to airflow shall not increase rap-
requirements for flanged metal-to- idly in dusty atmospheres. Filters of
metal flame-proof joints as required in the self-cleansing (oil-bath) type will
§ 36.20(b). Either type of joint shall be considered satisfactory for this ap-
withstand repeated explosions within plication. Provision, satisfactory to
the intake system without permanent MSHA, shall be made to prevent over-
deformation and shall prevent the filling the oil-bath air cleaner.
propagation of flame through the joint (e) Vacuum-gage connection. A connec-
into a surrounding flammable mixture. tion shall be provided in the intake
(b) Intake flame arrester. (1) The in- system for temporary attachment of a
take system shall include a flame ar- vacuum gage to indicate the pressure
rester that will prevent an explosion drop under flow conditions. This open-
within the system from propagating to ing shall be closed by a plug or other
a surrounding flammable mixture. This suitable device that is sealed or locked
flame arrester shall be between the air in place except when a gage is at-
cleaner and the intake manifold and tached.
shall be attached so that it may be re-
moved for inspecting, cleaning, or re- § 36.24 Engine joints.
pairing. Its construction shall be such (a) Cylinder head. The joint between
that it may be cleaned readily. The the cylinder head and block of the en-
flame arrester shall be of rugged con- gine shall be fitted with a metal or
struction to withstand the effects of re- metal-clad gasket satisfactory to
peated explosions within the intake MSHA held securely in position by
system, and the material of construc- through bolts or other suitable means
tion shall resist deterioration in serv- to prevent a change in alignment. This
ice. It shall be so mounted in the equip- joint shall provide an adequate flame
ment assembly that it is protected barrier with the gasket in place.
from accidental external damage. (b) Valve guides. Valve guides shall be
(2) The parts of any flame arrester long enough to form an adequate flame
shall be positively positioned to barrier along the valve stem.
195
§ 36.25 30 CFR Ch. I (7–1–20 Edition)
(c) Gaskets. All metal or metal-clad (c) Exhaust cooling system. (1) A cool-
gaskets shall maintain their tightness ing system shall be provided for the en-
during repeated explosions within the gine exhaust gas. The heat-dissipation
engine and its intake and exhaust sys- capacity shall be capable of reducing
tems to prevent the propagation of the temperature of the undiluted ex-
flame. haust gas to less than 170 °F. at the
point of discharge from the cooling sys-
§ 36.25 Engine exhaust system. tem under any condition of engine op-
(a) Construction. The exhaust system eration acceptable to MSHA. A device
of the engine shall be designed to with- shall be provided that will automati-
stand an internal pressure equal to 4 cally shut off the fuel supply to the en-
times the maximum pressure observed gine immediately if the temperature of
in explosion tests, which are described the exhaust gas exceeds 185 °F. at the
in § 36.46, or a pressure of 125 pounds per point of discharge from the cooling sys-
square inch, whichever is the lesser. tem. Provision shall be made, accept-
The system shall withstand repeated able to MSHA, to prevent restarting
internal explosions without permanent the engine after the fuel supply has
deformation or deterioration. been shut off automatically until the
(b) Exhaust flame arrester. (1) The ex- water supply in the cooling box has
haust system of the engine shall be been replenished. When the cooling box
provided with a flame arrester to pre- is used as a flame arrester, one safety
vent propagation of flame or discharge device may be accepted provided it
of heated particles to a surrounding controls a safe minimum water level in
flammable mixture. The flame arrester the cooling box and also prevents the
shall be so positioned that only cooled final exhaust temperature from exceed-
exhaust gas will discharge through it ing 185 °F.
and shall be so designed and attached (2) Cooling shall be obtained by pass-
that it can be removed for inspecting, ing the exhaust gas through water or a
cleaning, or repairing. Its construction dilute aqueous chemical solution held
shall be such that it can be cleaned in a cooling box or conditioner, or by a
readily. The flame arrester shall be of spray of water or a dilute aqueous
rugged construction to withstand the chemical solution that will enter the
effects of repeated explosions within exhaust system near the outlet of the
the exhaust system, and the material exhaust manifold, or a combination of
of construction shall resist deteriora- the two methods. When a spray is used
tion in service. It shall be so mounted it shall be provided with a filtering de-
in the equipment assembly that it is vice to protect the nozzle from clog-
protected from accidental external ging. Provisions shall be made for
damage. draining and cleaning all parts of the
(2) A spaced-plate flame arrester for exhaust cooling system. Openings for
the exhaust system shall meet the draining and cleaning shall be closed
same requirements as flame arresters and sealed or locked by a method satis-
for the intake system (see § 36.23(b)(2)). factory to MSHA.
(3) In lieu of a space-place flame ar- (3) The cooling system shall be con-
rester, an exhaust-gas cooling box or structed of corrosion-resistant metal
conditioner may be used as the exhaust suitable for the intended application.
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
196
exhaust system shall not exceed 400 °F. (g) Pressure-gage connection. A con-
under any condition of engine oper- nection shall be provided in the ex-
ation prescribed by MSHA. Water-jack- haust system for convenient, tem-
eted components shall have integral porary attachment of a pressure gage
jackets and provision shall be made for at a point suitable for measuring the
positive circulation of water in the total back pressure in the system. The
jackets and to automatically shut off connection also shall be suitable for
the engine when the temperature in temporary attachment of gas-sampling
the cooling jacket(s) exceeds 212 °F. In- equipment to the exhaust system. This
sulated coverings to control surface opening shall be closed by a plug or
temperature are not acceptable. other suitable device that is sealed or
(2) When a spray is used to reduce the locked in place except when a gage or
temperature of the exhaust gas, it shall sampling tube is attached.
be located as near as practicable to the
outlet of the exhaust manifold. § 36.26 Composition of exhaust gas.
(3) Exterior surfaces of the exhaust
(a) Preliminary engine adjustment. The
system shall be designed to minimize
engine shall be submitted to MSHA by
accumulation and lodgement of dust or
combustible substances and to permit the applicant in such condition that it
ready access for cleaning. can be tested immediately at full load
and speed. The preliminary liquid-fuel-
(e) Tightness of exhaust system. All
joints in the exhaust system shall be injection rate shall be such that the ex-
tight to prevent the flow of exhaust gas haust will not contain black smoke and
through them under any condition of the applicant shall adjust the injection
engine operation prescribed by MSHA. rate promptly to correct any adverse
A tight system shall be obtained by the conditions disclosed by preliminary
use of ground joints, or thin metal or tests.
metal-clad gaskets. All such joints (b) Final engine adjustment. The liquid
shall be fitted with adequate through fuel supply to the engine shall be ad-
bolts and all gaskets shall be aligned justed so that the undiluted exhaust
and held firmly in position by the bolts gas shall contain not more than 0.30
or other suitable means. Such joints percent, by volume, of carbon mon-
shall remain tight to prevent passage oxide or 0.20 percent, by volume, of ox-
of flame or propagation of repeated in- ides of nitrogen (calculated as equiva-
ternal explosions to a surrounding lent nitrogen dioxide, NO2) under any
flammable mixture. conditions of engine operation pre-
(f) Dilution of exhaust gas. (1) Provi- scribed by MSHA when the intake air
sion shall be made to dilute the ex- mixture to the engine contains 1.5 ±0.1
haust gas with and before it is dis- percent, by volume, of Pittsburgh nat-
charged into the surrounding atmos- ural gas. 3
phere. The discharged exhaust gas shall (c) Coupling or adapter. The applicant
be so diluted with air that the mixture shall provide the coupling or adapter
shall not contain more than 0.5 per- for connecting the engine to MSHA’s
cent, by volume, of carbon dioxide; 0.01 dynamometer.
percent, by volume, of carbon mon-
oxide; 0.0025 percent, by volume, of ox- NOTE: Preferably this coupling or adapter
ides of nitrogen (calculated as equiva- should be attached to the flywheel of the en-
lent nitrogen dioxide); or 0.0010 per- gine.
cent, by volume, of aldehydes (cal- Clutches, transmissions, or torque con-
culated as equivalent formaldehyde)
verters ordinarily are not required in
under any condition of engine oper-
the coupling train.
ation prescribed by MSHA.
(2) The final diluted exhaust mixture
shall be discharged in such a manner 3 Investigation has shown that for practical
that it is directed away from the opera- purposes, Pittsburgh natural gas (containing
tor’s compartment and also away from
a high percentage of methane) is a satisfac-

the breathing zones of persons required tory substitute for pure methane in these
to be alongside the equipment. tests.
197
§ 36.27 30 CFR Ch. I (7–1–20 Edition)
§ 36.27 Fuel-supply system. § 36.29 Brakes.

(a) Fuel tank. (1) The fuel tank shall All mobile diesel-powered transpor-
not leak and shall be fabricated of tation equipment shall be equipped
metal at least 1⁄16 inch thick, welded at with adequate brakes acceptable to
all seams, except that tanks of 5 gal- MSHA.
lons or less capacity may have thinner
walls which shall be preformed or rein- § 36.30 Rerailing device.
forced to provide good resistance to de-
All mobile diesel-powered transpor-
flection. A drain plug (not a valve or
tation equipment designed to travel on
petcock) shall be provided and locked
in position. A vent opening shall be rails in haulage service shall carry a
provided in the fuel filler cap of such suitable rerailing device.
design that atmospheric pressure is
§ 36.31 Fire extinguisher.
maintained inside the tank. The size of
the vent opening shall be restricted to Each unit of mobile diesel-powered
prevent fuel from splashing through it. transportation equipment shall be
The filler opening shall be so arranged fitted with a fire extinguisher carried
that fuel can be added only through a in a location easily accessible to the
self-closing valve at least 1 foot from operator and protected by position
the exhaust manifold of the engine, from external damage. Liquid carbon
preferably below it. The self-closing dioxide extinguishers shall contain an
valve shall constitute a fuel-tight clo- active charge of not less than 4 pounds.
sure when fuel is not being added. Any Pressurized dry chemical extinguishers
part of the self-closing valve that shall contain an active charge of not
might become detached during the ad- less than 21⁄2 pounds.
dition of fuel shall be secured to the
tank by a chain or other fastening to § 36.32 Electrical components and sys-
prevent loss. tems.
(2) The fuel tank shall have a definite
(a) Electrical components on mobile
position in the equipment assembly,
diesel-powered transportation equip-
and no provision shall be made for at-
tachment of separate or auxiliary fuel ment shall be certified or approved
tanks. under Part 18, 20 or 27 of this chapter,
(3) Capacity of the fuel tank shall not as applicable, and shall bear the cer-
exceed the amount of fuel necessary to tification number assigned by MSHA.
operate the engine continuously at full (b) Electrical systems on mobile die-
load for approximately four hours. sel-powered transportation equipment
(b) Fuel lines. All fuel lines shall be shall meet the requirements of Part 18
installed to protect them against dam- or 27 of this chapter, as applicable.
age in ordinary use and they shall be [47 FR 11372, Mar. 16, 1982]
designed, fabricated, and secured to re-
sist breakage from vibration. § 36.33 Headlights and fixtures.
(c) Valve in fuel line. A shutoff valve
shall be provided in the fuel system, in- (a) Headlights and lighting fixtures
stalled in a manner acceptable to on mobile diesel-powered transpor-
MSHA. tation equipment shall be protected
from external damage by recessing
NOTE: This shutoff valve is in addition to them in the equipment frame, enclos-
the normal shutoff provided in the fuel-injec-
tion system and also in addition to the air-
ing them within a shield of substantial
shutoff valve. construction, or by any other method
that provides equivalent protection.
§ 36.28 Signal or warning device. (b) Mobile diesel-powered transpor-
All mobile diesel-powered transportation equipment shall be equipped
tation equipment shall be provided with at least one headlight on each
with a bell, horn, or other suitable end.
warning device convenient to the oper-
[47 FR 11372, Mar. 16, 1982]

ator. Warning devices shall be operated
manually or pneumatically.
198
Subpart C—Test Requirements Pittsburgh natural gas (see footnote 3)

in the air. Test observations shall in-
§ 36.40 Test site. clude the rate of fuel consumption,
Tests shall be conducted at MSHA’s pressures, temperatures, and other
Diesel Testing Laboratory or other ap- data significant in the safe operation of
propriate place(s) determined by diesel equipment.
MSHA. (b) Exhaust-gas samples shall be ana-
lyzed for carbon dioxide, oxygen, car-
[39 FR 24006, June 28, 1974, as amended at 43 bon monoxide, hydrogen, methane, ni-
FR 12318, Mar. 24, 1978] trogen, oxides of nitrogen, and
§ 36.41 Testing methods. aldehydes, or any other constituent
prescribed by MSHA.
Mobile diesel-powered transportation (c) The intake and exhaust systems
equipment submitted for certification shall be complete with all component
and approval shall be tested to deter- equipment such as air cleaners, flame
mine its combustion, explosion-proof, arresters, and exhaust cooling systems.
and other safety characteristics. MSHA The performance of component equip-
shall prescribe the tests and reserves ment shall be observed to determine
the right to modify the procedure(s) to whether it functions properly.
attain these objectives (see § 36.20).
§ 36.42 Inspection. ed at 61 FR 55526, Oct. 25, 1996]
A detailed inspection shall be made
§ 36.44 Maximum allowable fuel:air
of the equipment and all components ratio.
and features related to safety in oper-
ation. The inspection shall include: (a) When an engine is delivered to
(a) Investigating the materials, MSHA with the fuel-injection system
workmanship, and design to determine adjusted by the applicant and tests of
their adequacy. the exhaust-gas composition (see
(b) Checking the parts and assemblies § 36.43) show not more than 0.30 percent,
against the drawings and specifications by volume, of carbon monoxide, the ap-
with respect to materials, dimensions, plicant’s adjustment of the fuel-injec-
and locations to verify their conform- tion system shall be accepted. The
ance. maximum fuel:air ratio determined
(c) Inspecting and measuring joints, from the exhaust-gas composition shall
flanges, and other possible flame paths be designated as the maximum allow-
in the intake and exhaust systems to able fuel:air ratio. The maximum liq-
determine whether they will prevent uid fuel rate (pounds per hour) that
the issuance of flame or propagation of produces the maximum allowable
an internal explosion. fuel:air ratio shall be designated as the
(d) Inspecting and measuring flame maximum allowable fuel rate for oper-
arresters to determine whether they ating the equipment at elevations not
will prevent the issuance of flame or exceeding 1,000 feet above sea level.
propagation of an internal explosion. (b) When the carbon monoxide con-
tent of the exhaust exceeds 0.30 per-
§ 36.43 Determination of exhaust-gas cent, by volume, only near maximum
composition. power output, the maximum fuel:air
(a) Samples shall be taken to deter- ratio at which carbon monoxide does
mine the composition of the exhaust not exceed 0.30 percent shall be cal-
gas while the engine is operated at culated and designated as the max-
loads and speeds prescribed by MSHA imum allowable fuel:air ratio. The cor-
to determine the volume of air (ven- responding calculated liquid fuel rate
tilation) required to dilute the exhaust shall be designated as the maximum al-
gas (see § 36.45). The engine shall be at lowable fuel rate at elevations not ex-
temperature equilibrium before exceeding 1,000 feet above sea level.
haust-gas samples are collected or NOTE: The applicant may be requested to
other test data are observed. At all test
adjust the liquid fuel rate during tests to de-

conditions the intake mixture shall termine the maximum allowable fuel:air
contain 1.5 ±0.1 percent, by volume, of ratio.
199
§ 36.45 30 CFR Ch. I (7–1–20 Edition)
(c) The maximum allowable fuel:air mixture. The mixture within the in-
ratio and maximum liquid fuel rates take and exhaust systems shall be ig-
shall be used to calculate a liquid fuel nited by suitable means and the inter-
rate-altitude table that shall govern nal pressure developed by the resultant
the liquid fuel rate of engines operated explosion shall be determined. Tests
at elevations exceeding 1,000 feet above shall be conducted with the ignition
sea level. source in several different locations to
determine the maximum pressure de-
§ 36.45 Quantity of ventilating air. veloped by an internal explosion.
(a) Results of the engine tests shall (b) Explosion tests shall be made
be used to calculate ventilation (cubic with the engine at rest and with the
feet of air per minute) that shall be flammable natural gas-air mixtures in
supplied by positive air movement the intake and exhaust systems. In
when the permissible mobile diesel- other tests with the flammable mix-
powered transportation equipment is ture in motion, the engine shall be
used underground. This quantity shall driven (externally) at speeds prescribed
be stamped on the approval plate. The by MSHA but no liquid fuel shall be
quantity so determined shall apply supplied to the injection valves.
when only one machine is operated. (c) The temperature of the flame ar-
(b) Determination of the ventilation resters in the intake or exhaust sys-
rate shall be based upon dilution of the tems shall not exceed 212 °F. when an
exhaust gas with normal air. The most explosion test is conducted. Any water-
undesirable and hazardous condition of spray cooling for the exhaust system
engine operation prescribed by MSHA shall not be operated and water shall
shall be used in the calculations. The not be present in the exhaust cooling
concentration of any of the following boxes except when water is the cooling
individual constituents in the diluted agent for a cooling box designed to act
mixture shall not exceed: as a flame arrester, in which case
MSHA will prescribe the test condi-
0.25 percent, by volume, of carbon dioxide
tions.
(CO2).
0.005 percent, by volume, of carbon monoxide (d) The explosion tests of the intake
(CO). and exhaust systems shall not result
0.00125 percent, by volume, of oxides of nitro- in:
gen (calculated as equivalent nitrogen di- (1) Discharge of visible flame from
oxide, NO2). any joint or opening.
(2) Ignition of surrounding flammable
The oxygen (O2) content of the diluted gas-air mixture.
mixture shall be not less than 20 per- (3) Development of dangerous
cent, by volume. The maximum quan- afterburning. 4
tity of normal air to produce the above (4) Excessive pressures.
dilution shall be designated the ven-
tilation rate. § 36.47 Tests of exhaust-gas cooling
NOTE: This ventilation rate will provide a system.
factor of safety for exposure of persons to air (a) The adequacy of the exhaust-gas
mixtures containing harmful or objection- cooling system and its components
able gases and for minor variations in engine shall be determined with the engine op-
performance. erating at the maximum allowable liq-
§ 36.46 Explosion tests of intake and uid fuel rate and governed speed with
exhaust systems. 0.5 ±0.1 percent, by volume, of natural
gas in the intake air mixture. All parts
(a) Explosion tests to determine the of the engine and exhaust-gas cooling
strength of the intake and exhaust sys- system shall be at their respective
tems to withstand internal explosions equilibrium temperatures. The cooling
and the adequacy of the flame arresters spray, if any, shall be operated, and all
to prevent the propagation of an explo-
sion shall be made with the systems 4 The term ‘‘afterburning’’ as used in this
connected to the engine or the systems part is applied to combustion of a flammable
simulated as connected to the engine.
gas-air mixture drawn into the system under

The system shall be filled with and sur- test by the cooling of the products from an
rounded by an explosive natural gas-air explosion in the system.
200
compartments designed to hold cooling ate when the water in the cooling jack-
water shall be filled with the quantity et(s) exceeds 212 °F., shall be deter-
of water recommended by the appli- mined by causing the jacket tempera-
cant. No cooling air shall be circulated ture to exceed 212 °F.
over the engine or components in the
cooling system during the test. § 36.48 Tests of surface temperature of
(b) Determinations shall be made engine and components of the cool-
during the test to establish the cooling ing system.
performance of the system, the cooling (a) The surface temperatures of the
water consumption, high-water level engine, exhaust cooling system, and
when the system sprays excess water, other components subject to heating
and low-water level when the cooling by engine operation shall be deter-
system fails. mined with the engine operated as pre-
(c) The final exhaust-gas tempera- scribed by MSHA. All parts of the en-
ture at discharge from the cooling sys- gine, cooling system, and other compo-
tem, and before the exhaust gas is di- nents shall have reached their respec-
luted with air, shall not exceed 170 °F. tive equilibrium temperatures. The ex-
or the temperature of adiabatic satura- haust cooling system shall be operated,
tion, if this temperature is lower. but air shall not be circulated over the
(d) Water consumed in cooling the engine or components. Surface tem-
exhaust gas under the test conditions peratures shall be measured at various
shall not exceed by more than 15 per- places prescribed by MSHA to deter-
cent that required for adiabatic satura- mine where maximum temperatures
tion of the exhaust-gas at the final develop.
temperature. Water in excess of that (b) The temperature of any surface
required for adiabatic saturation shall shall not exceed 400 °F.
be considered as entrained water.
NOTE TO § 36.48: The engine may be oper-
Enough water shall be available in the
ated under test conditions prescribed by
cooling system or in reserve supply MSHA while completely surrounded by a
compartments for sustained satisfac- flammable mixture. MSHA reserves the right
tory operation for at least 22⁄3 hours to apply combustible materials to any sur-
under the test conditions. face for test. Operation under such condi-
NOTE: This amount is enough to cool the tions shall not ignite the flammable mix-
exhaust for an 8-hour shift at one-third load ture.
factor.
(e) The adequacy of the automatic ed at 61 FR 55526, Oct. 25, 1996]
fuel shutoff actuated by the tempera-
ture of the final exhaust shall be deter- § 36.49 Tests of exhaust-gas dilution
mined with the engine operating under system.
test conditions by withdrawing water The performance and adequacy of the
until the cooling system fails to func- exhaust-gas dilution system shall be
tion. The final exhaust-gas tempera- determined in tests of the complete
ture at which the liquid fuel to the en- equipment. The engine, at temperature
gine is automatically shut off shall be equilibrium, shall be operated in nor-
noted. This temperature shall not ex- mal air as prescribed by MSHA. Sam-
ceed 185 °F. ples of the undiluted exhaust gas and of
(f) Following the automatic fuel the diluted exhaust gas, at location(s)
shutoff test in paragraph (e) of this sec- prescribed by MSHA, shall be consid-
tion, the temperature of the control ered with the data obtained from the
point shall be allowed to fall to 170 °F. engine test (see § 36.43) to determine
At this temperature and with the water that the concentrations of carbon diox-
replenished in the cooling system, it ide, carbon monoxide, oxides of nitro-
shall be possible to start the engine. gen, and aldehydes in the diluted ex-
NOTE: If the cooling system includes a re- haust shall be below the required con-
serve supply water tank, the line or lines centrations specified in § 36.25(f)(1).
connecting it to the cooling compartment
may require a suitable flame arrester. § 36.50 Tests of fuel tank.
(g) The effectiveness of the auto- The fuel tank shall be inspected and
matic engine shut-off, which will oper- tested to determine whether: (a) It is
201
§ 36.50 30 CFR Ch. I (7–1–20 Edition)
fuel-tight, (b) the vent maintains at- and (c) the vent and closure restrict
mospheric pressure within the tank, the outflow of liquid fuel.
SUBCHAPTERS C–F [RESERVED]

202
SUBCHAPTER G—FILING AND OTHER ADMINISTRATIVE
REQUIREMENTS
PART 40—REPRESENTATIVE 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. 96–511, 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. 91–173 as amended
by Pub. L. 95–164, 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 tive’s 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.
203
§ 40.4 30 CFR Ch. I (7–1–20 Edition)
(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. 91–173 as amended by Pub. L. 95–164, 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. 95–164, 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 A—Definitions
§ 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 41—NOTIFICATION OF LEGAL be used in, or resulting from, the work
IDENTITY of extracting such minerals from their
natural deposits in nonliquid form, or
Subpart A—Definitions 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 B—Notification 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 C—Operator’s 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.
204
Subpart B—Notification 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.
91–173, as amended by Pub. L. 95–164), (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 operator’s 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
2000–7 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 operator’s 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-
operator’s 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
205
§ 41.12 30 CFR Ch. I (7–1–20 Edition)
other mines in which any corporate of- Subpart C—Operator’s 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 2000–7 ‘‘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 operator’s 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 operator’s 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
Mine Safety and Health Administra-
tion in the district in which the mine
PART 42—NATIONAL 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 B—Tuition Fees
Mine Safety and Health Administra-
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 C—Room and Board
vided in section 110 of the Act.
42.50 Charges for room and board.

206
SOURCE: 50 FR 11643, Mar. 22, 1985, unless cation to the Academy’s 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 C—Room and Board

Subpart B—Tuition 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 Agency’s 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-
Agency’s 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 43—PROCEDURES 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 A—General
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 B—Special 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 C—Informal 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- 91–173 as amended by Pub. L. 95–164, 91 Stat.
tion fees provided that written notifi- 1298 83 Stat. 803 (30 U.S.C. 813(g) and 957); sec.
207
§ 43.1 30 CFR Ch. I (7–1–20 Edition)
307, Federal Mine Safety and Health Amend- of the reasons for his disposition of the
ments Act of 1977, Pub. L. 95–164, 91 Stat. 1322 case.
(30 U.S.C. 801 note).
(Pub. L. No. 96–511, 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 A—General 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. 91–173, as amended under section 103(g)(1) of the Act, for
by Pub. L. 95–164, 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 B—Special 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 Secretary’s 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
208
and the names of any individual miners retary in writing prior to or during an
referred to therein shall not appear in inspection conducted by such rep-
the copy of the written notice or in a resentative of any violation of the Act
notification provided to the operator. or mandatory health or safety standard
or of any imminent danger which he or
§ 43.5 Action by the Secretary.
she has reason to believe exists in the
(a) As soon as possible after the re- mine being inspected. Where the au-
ceipt of a notice of alleged violation or thorized representative or the Sec-
imminent danger under this subpart, retary refuses to issue a citation or
the Secretary or his authorized rep- order with respect to such alleged vio-
resentative shall make a special in- lation or imminent danger, the rep-
spection to determine if a citation or resentative of miners or miner may ob-
withdrawal order should be issued, un- tain review of such refusal in accord-
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-
stitute a violation or imminent danger. (b) A request for informal review
(b) Where the Secretary or his au- shall be sent in writing to the appro-
thorized representative makes a spe- priate district manager within 10 days
cial inspection under this subpart and of the date of the refusal to issue a ci-
finds a violation or imminent danger, a tation or order and shall be accom-
citation or withdrawal order, as appro- panied by any supporting information
priate, shall be issued. the person requesting review wishes to
submit.
§ 43.6 Notice of negative finding. (c) After receipt of the request for in-
(a) If it is determined that a special formal review, the district manager or
inspection is not warranted, a written his agent may hold, at his or her dis-
notice of negative finding shall be cretion, an informal conference where
issued as soon as possible following the person requesting review can
such determination. present his views.
(b) If it is determined that an inspec- (d) After review of all written and
tion is warranted and upon such in- oral statements submitted, the district
spection it is determined that neither a manager may either affirm the refusal
citation nor a withdrawal order should to issue a citation or order or may di-
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.
(c) Any notice of negative finding ment of the reasons for his or her final
issued under this part shall be issued to disposition of the request as soon
the representative of miners or miner thereafter as possible. A copy of such
seeking the special inspection and a statement shall be furnished the oper-
copy shall be served upon the operator. ator. The district manager’s deter-
mination in the matter shall be final.
Subpart C—Informal Review § 43.8 Informal review upon issuance
§ 43.7 Informal review upon written of a notice of negative finding.
notice given to an inspector on the A person to whom a notice of nega-
mine premises. tive finding has been issued pursuant
(a) A representative of miners or, to § 43.6 of this part may request infor-
where there is no such representative, mal review of such finding in accord-
a miner, who has reason to believe that ance with the provisions of § 43.7(b)–(d)
a violation of the Act or a mandatory of this subpart.
health or safety standard exists, or an
imminent danger exists, may notify an

209
PART 44—RULES 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 A—General
Subpart A—General
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 B—Initial 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. 95–164.
Subpart C—Hearings (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 D—Summary 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 E—Effect of Initial Decision part shall include the Mine Safety and
Health Administration, the operator of
44.50 Effect of appeal on initial decision.

44.51 Finality for purposes of judicial re- the mine, and any representative of the
view. miners in the affected mine. Any other
210
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
211
§ 44.7 30 CFR Ch. I (7–1–20 Edition)
document or other material is served Street South, Arlington, VA 22202–5452.

upon the party by mail, 5 days shall be If the petition is filed by a mine oper-
added to the prescribed period: Pro- ator, a copy of the petition shall be
vided, that specific provisions may, for served by the mine operator upon a
good cause, be made otherwise by an representative of miners at the af-
order of an administrative law judge or fected mine. If the petition is filed by a
the Assistant Secretary in a particular representative of the miners, a copy of
proceeding pending before that person. the petition shall be served by the rep-
resentative of miners upon the mine
FR 53440, Dec. 28, 1990]
operator. Service shall be accomplished
personally or by registered or certified
§ 44.7 Filing. mail, return receipt requested.
For purposes of this part, a petition, [55 FR 53440, Dec. 28, 1990, as amended at 67
request for hearing, notice of appeal, or FR 38384, June 4, 2002; 80 FR 52985, Sept. 2,
other document shall be considered to 2015]
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 B—Initial 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, 201 12th Safety and Health Administration will
212
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 Administrator’s 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
the issues of fact or law desired to be which the standard is directed.
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]
213
§ 44.15 30 CFR Ch. I (7–1–20 Edition)
§ 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- Administrator’s 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 tor’s 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.
214
In no case, however, shall the Adminis- not been made. While the petition is
trator’s 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, 201 12th Street South, Arling-
to the proposed decision and order. At ton, VA 22202–5452.
any time following the proposed deci- (b) Caption, title and signature. (1) The
sion and order of the Administrator on documents filed in any proceeding
the accompanying petition for modi- under this part shall be captioned in
fication, any party may request relief the name of the operator of the mine to
to give effect to the proposed decision which the proceeding relates and in the
and order until it becomes final. name of the mine or mines affected.
(l) An application for relief under After a docket number has been as-
paragraph (k) shall be filed with the signed to the proceeding by the Office
Administrator and shall include a good of the Chief Administrative Law Judge,
faith representation that no party is the caption shall contain such docket
expected to contest the granting of the number.
petition for modification. (2) After the caption each such docu-
(m) A decision to grant relief re- ment shall contain a title which shall
quested under paragraph (k) will take be descriptive of the document and
effect on the seventh day following the which shall identify the party by whom
decision. If a request for hearing on the the document is submitted.
proposed decision and order is filed in (3) The original of all documents filed
accordance with § 44.14 prior to the sev- shall be signed at the end by the party
enth day following the granting of such submitting the document or, if the
relief, the relief will not become effec- party is represented by an attorney, by
tive. If such request for hearing on the such attorney. The address of the party
proposed decision and order is filed or the attorney shall appear beneath
after relief becomes effective, the relief the signature.
will expire immediately. [43 FR 29518, July 7, 1978, as amended at 67
[55 FR 53441, Dec. 28, 1990] FR 38384, June 4, 2002; 80 FR 52985, Sept. 2,
2015]
Subpart C—Hearings § 44.22 Administrative law judges;
powers and duties.
§ 44.20 Designation of administrative
law judge. (a) Powers. An administrative law
Within 5 days after receipt of a refer- judge designated to preside over a hear-
ral of a request for hearing in a peti- ing shall have all powers necessary or
tion for modification proceeding, the appropriate to conduct a fair, full, and
Chief Administrative Law Judge shall impartial hearing, including the fol-
designate an administrative law judge lowing:
(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;
215
§ 44.23 30 CFR Ch. I (7–1–20 Edition)
(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 Administrator’s proposed de-
(9) To make decisions in accordance cision and order. Remand may be upon
with the Act, this part, and section 557 the judge’s 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
216
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
sufficient 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 subpoenaed by any
made, shall be reduced to writing, read party shall be paid the same fees for at-
to or by the witness, subscribed by tendance 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 party’s 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;
217
§ 44.28 30 CFR Ch. I (7–1–20 Edition)
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 judge’s 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.
218
(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 judge’s 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]
219
§ 44.35 30 CFR Ch. I (7–1–20 Edition)
§ 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 Secretary’s 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 Secretary’s 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 D—Summary 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 judge unless ordered by the Assistant
with or without supporting affidavits Secretary.
for a summary decision on all or any
part of the proceeding. Any other party § 44.41 Summary decision.
may, within 10 days after service of the (a) No genuine issue of material fact. (1)
motion, 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-
the affiant is competent to testify to sented; and
the matters stated therein. When a mo- (ii) Any terms and conditions of the
tion for summary decision is made and rule or order.
220
(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 E—Effect 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 Administrator’s 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
221
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 45—INDEPENDENT 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. 96–511, 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 MSHA’s enforcement policy of provide the production-operator in
holding independent contractors re- writing the following information:
sponsible for violations committed by
(1) The independent contractor’s
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. 95–164;
(b) District Manager means the Dis- (3) The independent contractor’s
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 contractor’s 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.
222
§ 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 contractor’s 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 contractor’s 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.
223
SUBCHAPTER H—EDUCATION AND TRAINING
PART 46—TRAINING 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 chapter or under proposed re-
46.8 Annual refresher training. quirements published April 14, 1999,
46.9 Records of training. which are available from the Office of
46.10 Compensation for training. Standards, Regulations, and Variances,
46.11 Site-specific hazard awareness train-
ing. MSHA, 201 12th Street South, Arling-
46.12 Responsibility for independent con- ton, VA 22202–5452; or,
tractor training. (iv) A person employed as a miner on
or after October 2, 2000 who has com-
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
224
also does not include maintenance or tion, that contains effective programs
service workers who do not work at a for training new miners and newly
mine site for frequent or extended peri- hired experienced miners, training
ods. miners for new tasks, annual refresher
(h) Mining operations means mine de- training, and site-specific hazard
velopment, drilling, blasting, extrac- awareness training.
tion, milling, crushing, screening, or (b) A training plan is considered ap-
sizing of minerals at a mine; mainte- proved by us if it contains, at a min-
nance and repair of mining equipment; imum, the following information:
and associated haulage of materials (1) The name of the production-oper-
within the mine from these activities. ator or independent contractor, mine
(i) New miner means a person who is name(s), and MSHA mine identifica-
beginning employment as a miner with tion number(s) or independent con-
a production-operator or independent tractor identification number(s);
contractor and who is not an experi- (2) The name and position of the per-
enced miner. son designated by you who is respon-
(j) Newly hired experienced miner sible for the health and safety training
means an experienced miner who is be- at the mine. This person may be the
ginning employment with a produc- production-operator or independent
tion-operator or independent con- contractor;
tractor. Experienced miners who move (3) A general description of the teach-
from one mine to another, such as ing methods and the course materials
drillers and blasters, but who remain that are to be used in the training pro-
employed by the same production-oper- gram, including the subject areas to be
ator or independent contractor are not covered and the approximate time or
considered newly hired experienced range of time to be spent on each sub-
miners. ject area.
(k) Normal working hours means a pe- (4) A list of the persons and/or orga-
riod of time during which a miner is nizations who will provide the training,
otherwise scheduled to work, including and the subject areas in which each
the sixth or seventh working day if person and/or organization is com-
such a work schedule has been estab- petent to instruct; and
lished for a sufficient period of time to (5) The evaluation procedures used to
be accepted as the common practice of determine the effectiveness of training.
the production-operator or independent (c) A plan that does not include the
contractor, as applicable. minimum information specified in
(l) Operator means any production-op- paragraphs (b)(1) through (b)(5) of this
erator, or any independent contractor section must be submitted to and ap-
whose employees perform services at a proved by the Regional Manager, Edu-
mine. cational Field Services Division, or
(m) Production-operator means any designee, for the region in which the
owner, lessee, or other person who op- mine is located. You also may volun-
erates, controls, or supervises a mine tarily submit a plan for Regional Man-
under this part. ager approval. You must notify miners
(n) Task means a work assignment or or their representatives when you sub-
component of a job that requires spe- mit a plan for Regional Manager ap-
cific job knowledge or experience. proval. Within two weeks of receipt or
(o) We or us means the Mine Safety posting of the plan, miners and their
and Health Administration (MSHA). representatives may also request re-
(p) You means production-operators view and approval of the plan by the
and independent contractors. Regional Manager and must notify the
[64 FR 53130, Sept. 30, 1999, as amended at 67 production-operator or independent
FR 38384, June 4, 2002; 80 FR 52985, Sept. 2, contractor of such request.
2015] (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
225
§ 46.4 30 CFR Ch. I (7–1–20 Edition)
the Regional Manager for approval. At (k) The addresses for the EFS Re-
mines where no miners’ representative gional Managers are as follows. Cur-
has been designated, you must post a rent information on the EFS organiza-
copy of the plan at the mine or provide tion is available on MSHA’s Internet
a copy to each miner at least 2 weeks Home Page at http://www.msha.gov.
before you implement the plan or sub-
mit it to the Regional Manager for ap- Eastern Regional Manager
proval. Educational Field Services, National Mine
(e) Within 2 weeks following the re- Health and Safety Academy, 1301 Airport
ceipt or posting of the training plan Road, Beaver, WV 25813–9426, Telephone:
under paragraph (d) of this section, (304) 256–3223, FAX: (304) 256–3319, E-mail:
miners or their representatives may EFSlEAST@MSHA.GOV
submit written comments on the plan Western Regional Manager
to you, or to the Regional Manager, as
appropriate. Educational Field Services, P.O. Box 25367,
Denver, CO 80225–0367, Telephone: (303) 231–
(f) The Regional Manager must no- 5434, FAX: (304) 231–5474, E-mail:
tify you and miners or their represent- EFSlWEST@MSHA.GOV
atives in writing of the approval, or
[64 FR 53130, Sept. 30, 1999, as amended at 67
status of the approval, of the training
FR 38384, June 4, 2002; 80 FR 52986, Sept. 2,
plan within 30 calendar days of the 2015]
date we received the training plan for
approval, or within 30 calendar days of § 46.4 Training plan implementation.
the date we received the request by a
(a) You must ensure that each pro-
miner or miners’ representative that
gram, course of instruction, or training
we approve your plan. session is:
(g) You must provide the miners’ rep- (1) Conducted in accordance with the
resentative, if any, with a copy of the written training plan;
approved plan within one week after (2) Presented by a competent person;
approval. At mines where no miners’ and
representative has been designated, (3) Presented in language understood
you must post a copy of the plan at the by the miners who are receiving the
mine or provide a copy to each miner training.
within one week after approval. (b) You may conduct your own train-
(h) If you, miners, or miners’ rep- ing programs or may arrange for train-
resentatives wish to appeal a decision ing to be conducted by: state or federal
of the Regional Manager, you must agencies; associations of production-
send the appeal, in writing, to the Di- operators or independent contractors;
rector for Educational Policy and De- miners’ representatives; consultants;
velopment, MSHA, 201 12th Street manufacturers’ representatives; pri-
South, Arlington, VA 22202–5452, within vate associations; educational institu-
30 calendar days after notification of tions; or other training providers.
the Regional Manager’s decision. The (c) You may substitute, as applicable,
Director will issue a final decision of health and safety training required by
the Agency within 30 calendar days the Occupational Safety and Health
after receipt of the appeal. Administration (OSHA), or other fed-
(i) You must make available at the eral or state agencies to meet require-
mine a copy of the current training ments under this part. This training
plan for inspection by us and for exam- must be relevant to training subjects
ination by miners and their representa- required in this part. You must docu-
tives. If the training plan is not main- ment the training in accordance with
tained at the mine, you must have the § 46.9 of this part.
capability to provide the plan within (d) Training methods may consist of
one business day upon request by us, classroom instruction, instruction at
miners, or their representatives. the mine, interactive computer-based
(j) You must comply with the proce- instruction or other innovative train-
dures for plan approval under this sec- ing methods, alternative training tech-
tion whenever the plan undergoes revi- nologies, or any combination of train-
sions. ing methods.
226
(e) Employee health and safety meet- § 46.5 New miner training.
ings, including informal health and
(a) Except as provided in paragraphs
safety talks and instruction, may be
credited under this part toward either (f) and (g) of this section, you must
new miner training, newly hired expe- provide each new miner with no less
rienced miner training, or annual re- than 24 hours of training as prescribed
fresher training requirements, as ap- by paragraphs (b), (c), and (d). Miners
propriate, provided that you document who have not yet received the full 24
each training session in accordance hours of new miner training must work
with § 46.9 of this part. In recording the where an experienced miner can ob-
duration of training, you must include serve that the new miner is performing
only the portion of the session actually his or her work in a safe and healthful
spent in training. 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 miner’s work area, the protective
measures a miner can take against these hazards,
and the contents of the mine’s 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- to fulfill the requirement for training
tion of a competent person may be used on the health and safety aspects of an
227
§ 46.6 30 CFR Ch. I (7–1–20 Edition)
assigned task in paragraph (b)(4) of this may be used to satisfy the require-
section, if hazard recognition training ments of paragraphs (a), (b), and (c) of
specific to the assigned task is given this section, if the course was com-
before the miner performs the task. pleted by the miner within 36 months
(f) A new miner who has less than 12 before beginning work at the mine; and
cumulative months of surface mining the course is relevant to the subjects
or equivalent experience and has com- specified in paragraphs (b) and (c) of
pleted new miner training under this this section.
section or under § 48.25 of this title [64 FR 53130, Sept. 30, 1999, as amended at 67
within 36 months before beginning FR 42382, June 21, 2002]
work at the mine does not have to re-
peat new miner training. However, you § 46.6 Newly hired experienced miner
must provide the miner with training training.
specified in paragraph (b) of this sec- (a) Except as provided in paragraph
tion before the miner begins work at (f) of this section, you must provide
the mine. each newly hired experienced miner
(g) A new miner training course com- with training as prescribed by para-
pleted under § 48.5 or § 48.25 of this title 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 miner’s work area, the protective
measures a miner can take against these hazards,
and the contents of the mine’s 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- 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
228
specific to the assigned task is given training under this section is required,
before the miner performs the task. you must observe that the miner can
(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 miner’s absence that could FR 42382, June 21, 2002]
adversely affect the miner’s 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 miner’s 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 miner’s 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
mine’s HazCom program. This training the miner’s 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 miner’s as- mine’s 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
229
§ 46.9 30 CFR Ch. I (7–1–20 Edition)
mines covered by this rule, including: (iii) 90 calendar days after the miner
mobile equipment (haulage and service begins work at the mine as required
trucks, front-end loaders and tractors); under § 46.5(d), if applicable.
conveyor systems; cranes; crushers; ex- (2) For newly hired experienced
cavators; and dredges. Other rec- miner training under § 46.6, no later
ommended subjects include: mainte- than—
nance and repair (use of hand tools and (i) when the miner begins work at the
welding equipment); material handling; mine; and
fall prevention and protection; and (ii) 60 calendar days after the miner
working around moving objects (ma- begins work at the mine.
chine guarding). (3) Upon completion of new task
[64 FR 53130, Sept. 30, 1999, as amended at 67 training under § 46.7;
FR 42382, June 21, 2002] (4) After each session of annual re-
fresher training under § 46.8; and
§ 46.9 Records of training. (5) Upon completion by miners of
(a) You must record and certify on site-specific hazard awareness training
MSHA Form 5000–23, or on a form that under § 46.11.
contains the information listed in (d) You must ensure that all records
paragraph (b) of this section, that each of training under paragraphs (c)(1)
miner has received training required through (c)(5) of this section are cer-
under this part. tified under paragraph (b)(5) of this sec-
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-
(5) Upon completion by miners of
tification number or independent con-
site-specific hazard awareness training.
tractor identification number, and lo-
(e) False certification that training
cation of training (if an institution,
was completed is punishable under
the name and address of the institu-
§ 110(a) and (f) of the Act.
tion).
(f) When a miner leaves your employ,
(4) The statement, ‘‘False certifi- you must provide each miner with a
cation is punishable under § 110(a) and copy of his or her training records and
(f) of the Federal Mine Safety and certificates upon request.
Health Act,’’ printed in bold letters
(g) You must make available at the
and in a conspicuous manner; and
mine a copy of each miner’s training
(5) A statement signed by the person records and certificates for inspection
designated in the MSHA-approved by us and for examination by miners
training plan for the mine as respon- and their representatives. If training
sible for health and safety training, certificates are not maintained at the
that states ‘‘I certify that the above mine, you must be able to provide the
training has been completed.’’ certificates upon request by us, miners,
(c) You must make a record of train- or their representatives.
ing under paragraphs (b)(1) through (h) You must maintain copies of
(b)(4) of this section— training certificates and training
(1) For new miner training under records for each currently employed
§ 46.5, no later than— miner during his or her employment,
(i) when the miner begins work at the except records and certificates of an-
mine as required under § 46.5(b); nual refresher training under § 46.8,
(ii) 60 calendar days after the miner which you must maintain for only two
begins work at the mine as required years. You must maintain copies of
under § 46.5(c); and training certificates and training
230
records for at least 60 calendar days ator or independent contractor with

after a miner terminates employment. site-specific hazard awareness training
(i) You are not required to make for each mine.
records under this section of site-spe- (d) Site-specific hazard awareness
cific hazard awareness training you training is information or instructions
provide under § 46.11 of this part to per- on the hazards a person could be ex-
sons who are not miners under § 46.2. posed to while at the mine, as well as
However, you must be able to provide applicable emergency procedures. The
evidence to us, upon request, that the training must address site-specific
training was provided, such as the health and safety risks, such as unique
training materials that are used; copies geologic or environmental conditions,
of written information distributed to recognition and avoidance of hazards
persons upon their arrival at the mine; such as electrical and powered-haulage
or visitor log books that indicate that hazards, traffic patterns and control,
training has been provided. and restricted areas; and warning and
evacuation signals, evacuation and
§ 46.10 Compensation for training. emergency procedures, or other special
(a) Training must be conducted dur- safety procedures.
ing normal working hours. Persons re- (e) You may provide site-specific haz-
quired to receive training must be paid ard awareness training through the use
at a rate of pay that corresponds to the of written hazard warnings, oral in-
rate of pay they would have received struction, signs and posted warnings,
had they been performing their normal walkaround training, or other appro-
work tasks. priate means that alert persons to site-
(b) If training is given at a location specific hazards at the mine.
other than the normal place of work, (f) Site-specific hazard awareness
persons required to receive such train- training is not required for any person
ing must be compensated for the addi- who is accompanied at all times by an
tional costs, including mileage, meals, experienced miner who is familiar with
and lodging, they may incur in attend- hazards specific to the mine site.
ing such training sessions.
§ 46.12 Responsibility for independent
§ 46.11 Site-specific hazard awareness contractor training.
training. (a)(1) Each production-operator has
(a) You must provide site-specific primary responsibility for ensuring
hazard awareness training before any that site-specific hazard awareness
person specified under this section is training is given to employees of inde-
exposed to mine hazards. 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
231
hazards of which the contractor is 47.86 Denial of a written request for disclo-
aware that may be created by the per- sure.
formance of the contractor’s work at 47.87 Review of denial.
the mine. Subpart J—Exemptions
PART 47—HAZARD 47.91 Exemptions from the HazCom stand-

ard.
COMMUNICATION (HazCom) 47.92 Exemptions from labeling.
Subpart A—Purpose, Scope, Applicability, AUTHORITY: 30 U.S.C. 811, 825.

and Initial Miner Training SOURCE: 67 FR 42383, June 21, 2002, unless
otherwise noted.
Sec.
47.1 Purpose of a HazCom standard; applica-
bility. Subpart A—Purpose, Scope, Ap-
47.2 Operators and chemicals covered; ini- plicability, and Initial Miner
tial miner training. Training
Subpart B—Definitions § 47.1 Purpose of a HazCom standard;
47.11 Definitions of terms used in this part.
applicability.
The purpose of this part is to reduce
Subpart C—Hazard Determination injuries and illnesses by ensuring that
47.21 Identifying hazardous chemicals.
each operator—
(a) Identifies the chemicals at the
Subpart D—HazCom Program mine,
(b) Determines which chemicals are
47.31 Requirement for a HazCom program. hazardous,
47.32 HazCom program contents. (c) Establishes a HazCom program,
Subpart E—Container Labels and Other and
(d) Informs each miner who can be
Forms of Warning
exposed, and other on-site operators
47.41 Requirement for container labels. whose miners can be exposed, about
47.42 Label contents. chemical hazards and appropriate pro-
47.43 Label alternatives. tective measures.
47.44 Temporary, portable containers. (e) As of September 23, 2002, all mines
Subpart F—Material 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. quired to comply with this part.
47.53 Alternative for hazardous waste.
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 H—Making 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. this part lists exemptions from cov-
47.72 Cost for copies.
47.73 Providing labels and MSDSs to cus-
erage.)
tomers. (b) Operators of mines which employ
six or more miners must instruct each
Subpart I—Trade Secret Hazardous miner with information about the
Chemical physical and health hazards of chemi-
cals in the miner’s work area, the pro-
47.81 Provisions for withholding trade se- tective measures a miner can take
crets.
against these hazards, and the contents
47.82 Disclosure of information to MSHA.
47.83 Disclosure in a medical emergency. of the mine’s HazCom program by Sep-
tember 23, 2002. Operators of mines
47.84 Non-emergency disclosure.

47.85 Confidentiality agreement and rem- that employ five or fewer miners must
edies. instruct each miner with information
232
about the physical and health hazards contents of the mine’s HazCom pro-
of chemicals in the miner’s work area, gram by March 21, 2003.
the protective measures a miner can
take against these hazards, and the Subpart B—Definitions
§ 47.11 Definitions of terms used in this part.

The definitions in Table 47.11 apply in this part as follows:
TABLE 47.11—DEFINITIONS
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-
er’s 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, physician’s assistant, nurse, emergency medical technician, or other person qualified
to provide medical or occupational health services.
Identity ................................. A chemical’s 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).
233
§ 47.21 30 CFR Ch. I (7–1–20 Edition)
TABLE 47.11—DEFINITIONS—Continued
Term Definition for purposes of HazCom
(1) An operator prepares in accordance with Table 47.52—Contents 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 D–323–82.
(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 C—Hazard 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 47.21—IDENTIFYING 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.
234
TABLE 47.21—IDENTIFYING HAZARDOUS CHEMICALS—Continued

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 D—HazCom 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 E—Container 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 chemical’s 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 chemical’s 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—
235
§ 47.42 30 CFR Ch. I (7–1–20 Edition)
replace an outdated label when a re- Subpart F—Material Safety Data

vised label is received from the chemi- Sheets (MSDS)
cal’s manufacturer or supplier. The op-
erator is not responsible for an inac- § 47.51 Requirement for an MSDS.
curate label obtained from the chemi-
Operators must have an MSDS for
cal’s manufacturer or supplier.
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, (a) For each hazardous chemical pro-
accurate, and in English; duced at the mine, the operator must
(b) Display appropriate hazard warn- prepare an MSDS, and update it with
ings; significant, new information about the
(c) Use a chemical identity that per- chemical’s hazards or protective meas-
mits cross-referencing between the list ures within 3 months of becoming
of hazardous chemicals, a chemical’s aware of this information.
label, and its MSDS; and (b) For each hazardous chemical
(d) Include on labels for customers, brought to the mine, the operator must
the name and address of the operator rely on the MSDS received from the
or another responsible party who can chemical manufacturer or supplier, de-
provide additional information about velop their own MSDS, or obtain one
the hazardous chemical. 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-
tained from the chemical’s manufac-
§ 47.43 Label alternatives. 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, (d) The operator is not required to
(b) Communicates the same informa- prepare an MSDS for an intermediate
tion as required on the label, and chemical or by-product resulting from
(c) Is readily available throughout mining or milling if its hazards are al-
each work shift to miners in the work ready addressed on the MSDS of the
area. source chemical.
§ 47.44 Temporary, portable con- § 47.52 MSDS contents.

tainers. When an operator must prepare an
(a) The operator does not have to MSDS for a hazardous chemical pro-
label a temporary, portable container duced at the mine, the MSDS must—
if he or she ensures that the miner (a) Be legible, accurate, and in
using the portable container— English;
(1) Knows the identity of the chem- (b) Use a chemical identity that per-
ical, its hazards, and any protective mits cross-referencing between the list
measures needed, and of hazardous chemicals, the chemical’s
(2) Leaves the container empty at the label, and its MSDS; and
end of the shift. (c) Contain information, or indicate
(b) Otherwise, the operator must if no information is available, for the
mark the temporary, portable con- categories listed in Table 47.52 as fol-
tainer with at least the common name lows:

of its contents.
236
TABLE 47.52—CONTENTS 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 H—Making 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—
(a) Retain its MSDS for as long as For a hazardous chemical produced
the hazardous chemical is known to be at the mine, the operator must provide
at the mine, and customers, upon request, with the
237
§ 47.81 30 CFR Ch. I (7–1–20 Edition)
chemical’s label or a copy of the label (1) A medical emergency exists, and
information, and the chemical’s MSDS. (2) The identity of the hazardous
chemical is necessary for emergency or
Subpart I—Trade 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 miner’s des-
chemical’s 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.
chemical’s 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-
chemical’s identity available to min- pling to determine the miner’s 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- er’s exposure to the chemical.
gency. (3) Methods of monitoring and ana-
(a) Upon request and regardless of lyzing the miner’s 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.
238
(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 chemical’s 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 operator’s 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-
miner’s 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 miner’s 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 J—Exemptions
(a) Put the denial in writing,
(1) Including evidence to substantiate § 47.91 Exemptions from the HazCom
the claim that the chemical’s 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 47.91—CHEMICALS 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
239
§ 47.92 30 CFR Ch. I (7–1–20 Edition)
TABLE 47.91—CHEMICALS AND PRODUCTS EXEMPT FROM THIS HAZCOM STANDARD—Continued

(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 47.92—HAZARDOUS CHEMICALS EXEMPT FROM LABELING
Chemical substance, consumer product, When kept in its manufacturer’s or supplier’s 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 § 47.21—Identifying 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 48—TRAINING 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 A—Training 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 B—Training 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;
240
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 A—Training 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- ator’s common practice. Miners shall
241
§ 48.3 30 CFR Ch. I (7–1–20 Edition)
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
242
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
tor’s 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 Nonmetal Mine
the District Manager in one or more of
Safety and Health, as appropriate,
the following ways:
(1) Instructors shall take an instruc- MSHA, 201 12th Street South, Arling-
tor’s training course conducted by the ton, VA 22202–5452. Such an appeal shall
District Manager or given by persons be submitted to the Administrator
designated by the District Manager to within 5 days of notification of the Dis-
give such instruction; and instructors trict Manager’s decision. Upon revoca-
shall have satisfactorily completed a tion of an instructor’s approval, the
program of instruction approved by the District Manager shall immediately
Office of Educational Policy and Devel- notify operators who use the instructor
opment, MSHA, in the subject matter 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
243
§ 48.4 30 CFR Ch. I (7–1–20 Edition)
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 (Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C.
the approved training plan. The oper- 3501 et seq.))
ator shall obtain the approval of the
[43 FR 47459, Oct. 13, 1978; 44 FR 1980, Jan. 9,
District Manager for such changes or 1979, as amended at 47 FR 14696, Apr. 6, 1982;
modifications. 47 FR 23640, May 28, 1982; 47 FR 28095, June
(m) In the event the District Man- 29, 1982; 60 FR 33722, June 29, 1995; 63 FR
ager disapproves a training plan or a 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; 80 FR 52986,
plan or modification, the District Man- Sept. 2, 2015]
ager shall notify the operator and the
§ 48.4 Cooperative training program.
miners’ representative in writing of:
(1) The specific changes or items of (a) An operator of a mine may con-
deficiency. duct his own training programs, or
(2) The action necessary to effect the may participate in training programs
changes or bring the disapproved train- conducted by MSHA, or may partici-
ing plan or modification into compli- pate in MSHA approved training pro-
ance. grams conducted by State or other
(3) The deadline for completion of re- Federal agencies, or associations of
medial action to effect compliance, mine operators, miners’ representa-
which shall serve to suspend punitive tives, other mine operators, private as-
action under the provisions of sections sociations, or educational institutions.
104 and 110 of the Act and other related (b) Each program and course of in-
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-
(n) The operator shall post on the grams shall be adapted to the mining
mine bulletin board, and provide to the operations and practices existing at
miners’ representative, a copy of all the mine and shall be approved by the
MSHA revisions and decisions which District Manager for the area in which
concern the training plan at the mine the mine is located.
and which are issued by the District [43 FR 47459, Oct. 13, 1978, as amended at 47
Manager. FR 23640, May 28, 1982]
244
§ 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 operator’s 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.
245
§ 48.6 30 CFR Ch. I (7–1–20 Edition)
(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.
miner’s 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-
mine’s 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 operator’s 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
246
(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-
mine’s emergency medical arrange- ronment that have occurred during the
ments and the location of the mine’s miner’s absence and that could ad-
first aid equipment and supplies. versely affect the miner’s 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,
er’s 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 mine’s § 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
247
§ 48.8 30 CFR Ch. I (7–1–20 Edition)
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 operator’s 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 miner’s 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 mine’s 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 miner’s 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 mine’s 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.
miner’s tasks.
(4) Such other courses as may be re-
(2) Transportation controls and commu-
quired by the District Manager based
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
operations without direction and im- use of the mine communication sys-
mediate supervision until such miners tems, warning signals, and directional
have demonstrated safe operating pro- signs.
248
(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 miner’s 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 mine’s 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 miner’s 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 5000–23 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 miner’s representative, and
stored on the mine property. State inspection agencies. When a
(10) Mine gases. The course shall in- miner leaves the operator’s 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.
249
§ 48.10 30 CFR Ch. I (7–1–20 Edition)
(c) Copies of training certificates for (b) Miners shall receive the instruc-
currently employed miners shall be tion required by this section at least
kept at the minesite for 2 years, or for once every 12 months.
60 days after termination of employ- (c) The training program required by
ment. this section shall be submitted with
(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C. the training plan required by § 48.3(a)
3501 et seq.)) (Training plans: Submission and ap-
proval) of this subpart A and shall in-
[43 FR 47459, Oct. 13, 1978, as amended at 47
FR 14706, Apr. 6, 1982; 60 FR 33722, June 29,
clude a statement on the methods of
1995] instruction to be used.
(d) In accordance with § 48.9 (Records
§ 48.10 Compensation for training. of training) of this subpart A, the oper-
(a) Training shall be conducted dur- ator shall maintain and make available
ing normal working hours; miners at- for inspection certificates that miners
tending such training shall receive the have received the hazard training re-
rate of pay as provided in § 48.2(d) (Defi- quired by this section.
nition of normal working hours) of this (e) Miners subject to hazard training
subpart A. shall be accompanied at all times while
(b) If such training shall be given at underground by an experienced miner,
a location other than the normal place as defined in § 48.2(b) (Definition of
of work, miners shall be compensated miner) of this subpart A.
for the additional cost, such as mile- [43 FR 47459, Oct. 13, 1978, as amended at 47
age, meals, and lodging, they may FR 23640, May 25, 1982; 53 FR 10336, Mar. 30,
incur in attending such training ses- 1988; 71 FR 12269, Mar. 9, 2006; 71 FR 71452,
sions. Dec. 8, 2006]
§ 48.11 Hazard training. § 48.12 Appeals procedures.

(a) Operators shall provide to those The operator, miner, and miners’ rep-
miners, as defined in § 48.2(a)(2) (Defini- resentative shall have the right of ap-
tion of miner) of this subpart A, a peal from a decision of the District
training program before such miners Manager.
commence their work duties. This (a) In the event an operator, miner,
training program shall include the fol- or miners’ representative decides to ap-
lowing instruction, which is applicable peal a decision by a District Manager,
to the duties of such miners: such an appeal shall be submitted, in
(1) Hazard recognition and avoidance; writing, to the Administrator for Coal
(2) Emergency and evacuation proce- Mine Safety and Health or the Admin-
dures; istrator for Metal and Nonmetal Mine
(3) Health and safety standards, safe- Safety and Health, as appropriate,
ty rules, and safe working procedures; MSHA, 201 12th Street South, Arling-
(4) Use of self-rescue and respiratory ton, VA 22202–5452, within 30 days of no-
devices, including: tification of the District Manager’s de-
(i) Hands-on training in the complete cision.
donning of all types of self-contained (b) The Administrator may require
self-rescue devices used at the mine, additional information from the oper-
which includes assuming a donning po- ator, the miners, or their representa-
sition, opening the device, activating
tives, and the District Manager, if the
the device, inserting the mouthpiece,
Administrator determines such infor-
and putting on the nose clip; and
mation is necessary.
(ii) Hands-on training in transferring
(c) The Administrator shall render a
between all applicable self-rescue de-
vices; and decision on the appeal within 30 days
after receipt of the appeal.
(5) Such other instruction as may be
required by the District Manager based [43 FR 47459, Oct. 13, 1978, as amended at 47
on circumstances and conditions at the FR 23640, May 28, 1982; 71 FR 16666, Apr. 3,
mine. 2006; 80 FR 52986, Sept. 2, 2015]
250
Subpart B—Training 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-
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 ator’s 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.
251
§ 48.23 30 CFR Ch. I (7–1–20 Edition)
(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.
252
(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 tor’s 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 the Ad-
(h) Instructors shall be approved by ministrator for Metal and Nonmetal
the District Manager in one or more of Mine Safety and Health, as appro-
the following ways: priate, MSHA, 201 12th Street South,
(1) Instructors shall take an instruc- Arlington, VA 22202–5452. Such an ap-
tor’s training course conducted by the peal shall be submitted to the Adminis-
District Manager or given by persons trator within 5 days of notification of
designated by the District Manager to the District Manager’s decision. Upon
give such instruction; and instructors revocation of an instructor’s approval,
shall have satisfactorily completed a the District Manager shall imme-
program of instruction approved by the diately notify operators who use the
Office of Educational Policy and Devel- instructor for training.
opment, MSHA, in the subject matter (j) The District Manager for the area
to be taught. in which the mine is located shall no-
(2) Instructors may be designated by tify the operator and the miners’ rep-
MSHA as approved instructors to teach resentative, in writing, within 60 days
specific courses based on written evi- from the date on which the training
dence of the instructors’ qualifications plan is filed, of the approval or status
and teaching experience. of the approval of the training pro-
(3) At the discretion of the District grams.
Manager, instructors may be des- (1) If revisions are required for ap-
ignated by MSHA as approved instruc- proval, or to retain approval there-
tors to teach specific courses based on after, the revisions required shall be
the performance of the instructors specified to the operator and the min-
while teaching classes monitored by ers’ representative and the operator
MSHA. Operators shall indicate in and the miners’ representative shall be
training plans submitted for approval afforded an opportunity to discuss the
whether they want to have instructors revisions with the District Manager, or
approved based on monitored perform- propose alternate revisions or changes.
ance. The District Manager shall con- The District Manager, in consultation
sider such factors as the size of the with the operator and the representa-
mine, the number of employees, the tive of miners, shall fix a time within
253
§ 48.24 30 CFR Ch. I (7–1–20 Edition)
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. 96–511, 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 FR 14696, Apr. 6, 1982; 47 FR 23640, May 28,
mine is located and the miners’ rep- 1982; 47 FR 28095, June 29, 1982; 60 FR 33723,
resentative of any changes of modifica- 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. 80 FR 52986, Sept. 2, 2015]
The operator shall obtain the approval
of the District Manager for such § 48.24 Cooperative training program.
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.
lined in this section, containing pro- At the discretion of the District Man-
grams for training new miners, train- ager, new miners may receive a portion
254
of this training after assignment to tion systems, warning signals, and di-
work duties: Provided, That no less rectional signs.
than 8 hours of training shall in all (4) Introduction to work environment.
cases be given to new miners before The course shall include a visit and
they are assigned to work duties. The tour of the mine, or portions of the
following courses shall be included in mine which are representative of the
the 8 hours of training: Introduction to entire mine. The method of mining or
work environment, hazard recognition, operation utilized shall be observed and
and health and safety aspects of the explained.
tasks to which the new miners will be (5) Escape and emergency evacuation
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.
(7) Health. The course shall include
(b) The training program for new
instruction on the purpose of taking
miners shall include the following
dust measurements, where applicable,
courses:
and noise and other health measure-
(1) Instruction in the statutory rights of ments, and any health control plan in
miners and their representatives under the effect at the mine shall be explained.
Act; authority and responsibility of super- The health provisions of the Act and
visors. The course shall include instruc- warning labels shall also be explained.
tion in the statutory rights of miners (8) Hazard recognition. The course
and their representatives under the shall include the recognition and
Act, including a discussion of section 2 avoidance of hazards present in the
of the Act; a review and description of mine.
the line of authority of supervisors and (9) Electrical hazards. The course shall
miners’ representatives and the respon- include recognition and avoidance of
sibilities of such supervisors and min- electrical hazards.
ers’ representatives; and an introduc- (10) First aid. The course shall include
tion to the operator’s rules and the instruction in first aid methods accept-
procedures for reporting hazards. able to MSHA.
(2) Self-rescue and respiratory devices. (11) Explosives. The course shall in-
The course shall include instruction clude a review and instruction on the
and demonstration in the use, care, and hazards related to explosives. The only
maintenance of self-rescue and res- exception to this course component is
piratory devices, where applicable. when no explosives are used or stored
(3) Transportation controls and commu- on mine property.
nication systems. The course shall in- (12) Health and safety aspects of the
clude instruction on the procedures in tasks to which the new miner will be as-
effect for riding on and in mine convey- signed. The course shall include in-
ances where applicable; the controls for structions in the health and safety as-
the transportation of miners and mate- pects of the tasks to be assigned, in-
rials; and the use of mine communica- cluding the safe work procedures of
255
§ 48.26 30 CFR Ch. I (7–1–20 Edition)
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:
miner’s 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-
mine’s HazCom program. ing or operations utilized at the mine
(13) Such other courses as may be re- shall be observed and explained.
quired by the District Manager based (2) Mandatory health and safety stand-
on circumstances and conditions at the ards. The course shall include the man-
mine. datory health and safety standards per-
(c) Methods, including oral, written tinent to the tasks to be assigned.
or practical demonstration, to deter- (3) Authority and responsibility of su-
mine successful completion of the pervisors and miners’ representatives. The
training shall be included in the train- course shall include a review and de-
ing plan. Upon completion of training, scription of the line of authority of su-
the methods for determining successful pervisors and miners’ representatives
completion shall be administered to and the responsibilities of such super-
the miner. The method for determining visors and miners’ representatives; and
successful completion of pre-assign- an introduction to the operator’s rules
ment training under paragraph (a) of and the procedures for reporting haz-
this section shall be administered to ards.
the miner before he is assigned to work (4) Transportation controls and commu-
duties. nication systems. The course shall in-
(d) A newly employed miner who has clude instruction on the procedures in
less than 12 months of mining experi- effect for riding on and in mine convey-
ence and has received the courses and ances; the controls for the transpor-
hours of instruction in paragraphs (a) tation of miners and materials; and the
and (b) of this section, within 36 use of the mine communication sys-
months preceding employment at a tems, warning signals, and directional
mine, does not have to repeat this signs.
training. Before the miner starts work, (5) Escape and emergency evacuation
the operator must provide the miner plans; firewarning and firefighting. The
with the experienced miner training in course must include a review of the
§ 48.26(b) of this part and, if applicable, mine escape system and the escape and
the new task training in § 48.27 of this emergency evacuation plans in effect
part. The operator must also provide at the mine, and instruction in the
the miner with annual refresher train- firewarning signals and firefighting
ing and additional new task training, procedures in effect at the mine.
as applicable. (6) Ground controls; working in areas of
[43 FR 47459, Oct. 13, 1978, as amended at 47 highwalls, water hazards, pits, and spoil
FR 23641, May 28, 1982; 63 FR 53760, Oct. 6, banks; illumination and night work. The
1998; 67 FR 42389, June 21, 2002] course shall include, where applicable,
an introduction to and instruction on
§ 48.26 Experienced miner training. the highwall and ground control plans
(a) Except as provided in paragraph in effect at the mine; procedures for
(e), this section applies to experienced working safely in areas of highwalls,
miners who are— water hazards, pits, and spoil banks,
(1) Newly employed by the operator; the illumination of work areas, and
(2) Transferred to the mine; safe work procedures for miners during
(3) Experienced surface miners trans- hours of darkness.
ferred from underground to surface; or (7) Hazard recognition. The course
(4) Returning to the mine after an ab- must include the recognition and
sence of more than 12 months. avoidance of hazards present in the
(b) Experienced miners must com- mine.
plete the training prescribed in this (8) Prevention of accidents. The course
section before beginning work duties. must include a review of the general
Each experienced miner returning to causes of accidents applicable to the
256
mine environment, causes of specific (3) The miner must complete annual
accidents at the mine, and instruction refresher training as required in § 48.28,
in accident prevention in the work en- if the miner missed taking that train-
vironment. ing during the absence.
(9) Emergency medical procedures. The [43 FR 47459, Oct. 13, 1978, as amended at 47
course must include instruction on the FR 23641, May 28, 1982; 63 FR 53760, Oct. 6,
mine’s emergency medical arrange- 1998; 67 FR 42389, June 21, 2002]
ments and the location of the mine’s
first aid equipment and supplies. § 48.27 Training of miners assigned to
(10) Health. The course must include 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
er’s 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 mine’s 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 miner’s 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 mine’s HazCom program. The
ronment that have occurred during the training shall be given in an on-the-job
miner’s absence and that could ad- environment; and
versely affect the miner’s health or (2)(i) Supervised practice during non-
safety. production. The training shall include
(1) A person designated by the oper- supervised practice in the assigned
ator who is knowledgeable of these tasks, and the performance of work du-
changes must conduct the training in ties at times or places where produc-
this paragraph. An MSHA approved in- tion is not the primary objective; or,
structor is not required to conduct the (ii) Supervised operation during pro-
training outlined in this paragraph. duction. The training shall include,
(2) No record of this training is re- while under direct and immediate su-
quired. pervision and production is in progress,
257
§ 48.28 30 CFR Ch. I (7–1–20 Edition)
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 operator’s 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 miner’s 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 mine’s HazCom pro- (6) Electrical hazards. The course shall
gram, prior to performing such task. include recognition and avoidance of
electrical hazards.
(d) All training and supervised prac-
(7) Prevention of accidents. the course
tice and operation required by this sec-
shall include a review of accidents and
tion shall be given by a qualified train-
causes of accidents, and instruction in
er, or a supervisor experienced in the
accident prevention in the work envi-
assigned tasks, or other person experi-
ronment.
enced in the assigned tasks.
(8) Health. The course shall include
[43 FR 47459, Oct. 13, 1978, as amended at 47 instruction on the purpose of taking
FR 23640, May 28, 1982; 67 FR 42389, June 21, dust measurements, where applicable,
2002; 73 FR 80612, Dec. 31, 2008] and noise and other health measure-
ments, and any health control plan in
§ 48.28 Annual refresher training of effect at the mine shall be explained.
miners; minimum courses of in-
struction; hours of instruction. The health provisions of the Act and
warning labels shall also be explained.
(a) Each miner shall receive a min- (9) Explosives. The course shall in-
imum of 8 hours of annual refresher clude a review and instruction on the
training as prescribed in this section. hazards related to explosives. The only
(b) The annual refresher training pro- exception to this course component is
gram for all miners shall include the when there are no explosives used or
following courses of instruction: stored on the mine property.
(1) Mandatory health and safety stand- (10) Self-rescue and respiratory devices.
ards. The course shall include manda- The course shall include instruction
tory health and safety standard re- and demonstration in the use, care, and
quirements which are related to the maintenance of self-rescue and res-

miner’s tasks. piratory devices, where applicable.
258
(11) Such other courses as may be re- 60 days after termination of employ-
quired by the District Manager based ment.
on circumstances and conditions at the (Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C.
mine. 3501 et seq.))
(c) Refresher training may include
other health and safety subjects that
FR 14706, Apr. 6, 1982; 60 FR 33723, June 29,
are relevant to mining operations at 1995]
the mine. Recommended subjects in-
clude, but are not limited to, informa- § 48.30 Compensation for training.
tion about the physical and health haz-
(a) Training shall be conducted dur-
ards of chemicals in the miner’s work ing normal working hours; miners at-
area, the protective measures a miner tending such training shall receive the
can take against these hazards, and the rate of pay as provided in § 48.22(d)
contents of the mine’s HazCom pro- (Definition of normal working hours) of
gram. this subpart B.
(d) All persons employed as shaft or (b) If such training shall be given at
slope construction workers on June 28, a location other than the normal place
2006 must receive annual refresher of work, miners shall be compensated
training within 12 months of June 2006. for the additional costs, such a mile-
(e) Where annual refresher training is age, meals, and lodging, they may
conducted periodically, such sessions incur in attending such training ses-
shall not be less than 30 minutes of ac- sions.
tual instruction time and the miners
shall be notified that the session is § 48.31 Hazard training.
part of annual refresher training. (a) Operators shall provide to those
miners, as defined in § 48.22(a) (2) (Defi-
FR 23641, May 28, 1982; 63 FR 53761, Oct. 6, nition of miner) of this subpart B, a
1998; 70 FR 77728, Dec. 30, 2005] training program before such miners
commence their work duties. This
§ 48.29 Records of training. training program shall include the fol-
lowing instruction, which is applicable
(a) Upon a miner’s completion of to the duties of such miners:
each MSHA approved training pro- (1) Hazard recognition and avoidance;
gram, the operator shall record and
(2) Emergency and evacuation proce-
certify on MSHA form 5000–23 that the
dures;
miner has received the specified train-
(3) Health and safety standards, safe-
ing. A copy of the training certificate ty rules and safe working procedures;
shall be given to the miner at the com-
(4) Self-rescue and respiratory de-
pletion of the training. The training vices; and,
certificates for each miner shall be
(5) Such other instruction as may be
available at the mine site for inspec- required by the District Manager based
tion by MSHA and for examination by on circumstances and conditions at the
the miners, the miners’ representative mine.
and State inspection agencies. When a (b) Miners shall receive the instruc-
miner leaves the operator’s employ, tion required by this section at least
the miner shall be entitled to a copy of once every 12 months.
his training certificates. (c) The training program required by
(b) False certification that training this section shall be submitted with
was given shall be punishable under the training plan required by § 48.23(a)
section 110 (a) and (f) of the Act. (Training plans: Submission and ap-
(c) Copies of training certificates for proval) of this subpart B and shall in-
currently employed miners shall be clude a statement on the methods of
kept at the mine site for 2 years, or for instruction to be used.
(d) In accordance with § 48.29 (Records
of training) of this subpart B, the oper-
ator shall maintain and make available

for inspection, certificates that miners
259
§ 48.32 30 CFR Ch. I (7–1–20 Edition)
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
team.
The operator, miner, and miners’ rep- 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
teams.
peal a decision by the District Man-
49.60 Requirements for a local mine rescue
ager, such an appeal shall be sub- contest.
mitted, in writing, to the Adminis-
APPENDIX TO SUBPART B OF PART 49—OP-
trator for Coal Mine Safety and Health TIONAL FORM FOR CERTIFYING MINE RES-
or the Administrator for Metal and CUE TEAMS
Nonmetal Mine Safety and Health, as
AUTHORITY: 30 U.S.C. 811, 825(e).
appropriate, MSHA, 201 12th Street
South, Arlington, VA 22202–5452, within SOURCE: 45 FR 47002, July 11, 1980, unless
30 days of notification of the District otherwise noted.
Manager’s decision.
(b) The Administrator may require Subpart A—Mine Rescue Teams
additional information from the oper- for Underground Metal and
ator, the miners or their representa- Nonmetal Mines
tives, and the District Manager, if the
Administrator determines such infor- § 49.1 Purpose and scope.
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
[43 FR 47459, Oct. 13, 1978, as amended at 47 assure the availability of mine rescue
FR 23641, May 28, 1982; 67 FR 38384, June 4, capability for purposes of emergency
2002; 80 FR 52986, Sept. 2, 2015] rescue and recovery.
PART 49—MINE RESCUE TEAMS § 49.2 Availability of mine rescue

teams.
Subpart A—Mine Rescue Teams for (a) Except where alternative compli-
Underground Metal and Nonmetal Mines ance is permitted for small and remote
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.
49.4 Alternative mine rescue capability for
teams which are available at all times
special mining conditions. when miners are underground; or
49.5 Mine rescue station. (2) Enter into an arrangement for
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 B—Mine 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
260
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- tor’s mine and any surrounding mine(s)
cue teams and equipment to the mine within two hours ground travel time of
or mines served. the operator’s 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 operator’s mine;
teams shall be considered available
(4) The operator’s 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 operator’s 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 operator’s 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
mine’s method of compliance with this the operator’s 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 operator’s 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:
261
§ 49.4 30 CFR Ch. I (7–1–20 Edition)
(1) The individual circumstances of (c) To be considered ‘‘operating under

the small and remote mine; special mining conditions,’’ the oper-
(2) Comments submitted by, or on be- ator must show that all of the fol-
half of, any affected miner; and lowing conditions are present:
(3) Whether the alternative mine res- (1) The mine has multiple adits or en-
cue plan provides a suitable rescue ca- tries;
pability at the operator’s mine. (2) The mined substance is non-
(f) Where alternative compliance is combustible and the mining atmos-
approved by MSHA, the operator shall phere nonexplosive;
adopt the alternative plan and post a (3) There are multiple vehicular
copy of the approved plan (with appro- openings to all active mine areas, suffi-
priate MSHA mine emergency tele- cient to allow fire and rescue vehicles
phone numbers) at the mine for the full access to all parts of the mine in
miners’ information. Where a miners’ which miners work or travel;
representative has been designated, the (4) Roadways or other openings are
operator shall also provide the rep- not supported or lined with combus-
resentative with a copy of the approved tible materials;
plan. (5) The mine shall not have a history
(g) The operator shall notify the Dis- of flammable-gas emission or accumu-
trict Manager of any changed condition lation, and the mined substance shall
or factor materially affecting informa- not have a history associated with
tion submitted in the application for flammable or toxic gas problems; and
alternative mine rescue capability. (6) Any reported gas or oil well or ex-
(h)(1) An approved plan for alter- ploratory drill hole shall be plugged to
native mine rescue capability shall be within 100 feet above and below the ho-
subject to revocation or modification rizon of the ore body or seam.
for cause by MSHA, where it is deter-
(d) Each application shall contain:
mined that a condition or factor has
(1) An explanation of the special min-
changed which would materially alter
ing conditions;
the operator’s mine rescue capability.
If such action is contemplated, the op- (2) The number of miners employed
erator will be notified, and given an op- underground at the mine on each shift;
portunity to be heard before the appro- (3) The distances from the two near-
priate District Manager. est mine rescue stations;
(2) If an application for alternative (4) The operator’s mine fire history;
compliance is denied or revoked, the (5) The operator’s established escape
District Manager shall provide the rea- and evacuation plan;
son for such denial or revocation in (6) The operator’s alternative plan
writing to the operator. The operator for assuring that a suitable mine res-
may appeal this decision in writing to cue capability is provided at all times
the Administrator for Metal and when miners are underground; and
Nonmetal Mine Safety and Health, 201 (7) Other relevant information about
12th Street South, Arlington, VA 22202– the operator’s mine which may be re-
5452. quested by the District Manager.
(e) A copy of the operator’s applica-
FR 38385, June 4, 2002; 80 FR 52986, Sept. 2, tion shall be posted at the mine. Where
2015] 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;
district in which the mine is located (2) Comments submitted by, or on be-
for review and approval. half of, any affected miner; and
262
(3) Whether the alternative mine res- equipment readiness for immediate
cue plan provides a suitable rescue cause.
pability at the operator’s mine. (d) Authorized representatives of the
(g) Where alternative compliance is Secretary shall have the right of entry
approved by MSHA the operator shall to inspect any designated mine rescue
adopt the alternative plan and post a station.
copy of the approved plan (with appro-
priate MSHA mine emergency tele- § 49.6 Equipment and maintenance re-
phone numbers) at the mine for the quirements.
miners’ information. Where a miners’ (a) Each mine rescue station shall be
representative has been designated, the provided with at least the following
operator shall also provide the rep- equipment:
resentative with a copy of the alter- (1) Twelve self-contained breathing
native plan. apparatus, each with a minimum of 4
(h) The operator shall notify the Dis- hours capacity (approved by MSHA and
trict Manager of any changed condition NIOSH under 42 CFR Part 84, Subpart
or factor materially affecting informa- H), and any necessary equipment for
tion submitted in the application for testing such breathing apparatus;
alternative mine rescue capability. (2) A portable supply of liquid air,
(i)(1) An approved plan for alter- liquid oxygen, pressurized oxygen, or
native mine rescue capability shall be oxygen generating chemicals, and car-
subject be to revocation or modifica- bon dioxide absorbent chemicals, appli-
tion by MSHA, where it is determined cable to the supplied breathing appa-
that a condition or factor has changed ratus and sufficient to sustain each
which would materially alter the oper- team for eight hours while using the
ator’s mine rescue capability. If such breathing apparatus during rescue op-
action is contemplated, the operator erations.
will be notified and given an oppor- (3) Two extra, fully-charged oxygen
tunity to be heard before the appro- bottles for every six self-contained
priate District Manager. breathing apparatus;
(2) If an application for alternative (4) One oxygen pump or a cascading
compliance is denied or revoked, the system, compatible with the supplied
District Manager shall provide the rea- breathing apparatus;
son for such denial or revocation in (5) Twelve permissible cap lamps and
writing to the operator. The operator a charging rack;
may appeal this decision in writing to (6) Four gas detectors appropriate for
the Administrator for Metal and each type of gas that may be encoun-
Nonmetal Mine Safety and Health, 201 tered at the mines served. Gas detec-
12th Street South, Arlington, VA 22202– tors must measure concentrations of
5452. methane from 0.0 percent to 100 percent
[45 FR 47002, July 11, 1980, as amended at 67 of volume, oxygen from 0.0 percent to
FR 38385, June 4, 2002; 80 FR 52986, Sept. 2, at least 20 percent of volume, and car-
2015] bon monoxide from 0.0 parts per mil-
lion to at least 9,999 parts per million.
§ 49.5 Mine rescue station. (7) [Reserved]
(a) Except where alternative compli- (8) One portable mine rescue commu-
ance is permitted, every operator of an nication system (approved under part
underground mine shall designate, in 23 of this title) or a sound-powered
advance, the location of the mine res- communication system.
cue station serving the mine. (i) The wires or cable to the commu-
(b) Mine rescue stations are to pro- nication system shall be of sufficient
vide a centralized storage location for tensile strength to be used as a manual
rescue equipment. This centralized communication system.
storage location may be either at the (ii) These communication systems
mine site, affiliated mines, or a sepa- shall be at least 1,000 feet in length.
rate mine rescue structure. (9) Necessary spare parts and tools
(c) Mine rescue stations shall provide for repairing the breathing apparatus
a proper storage environment to assure and communication system.
263
§ 49.7 30 CFR Ch. I (7–1–20 Edition)
(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- Form 5000–3 certifying medical fitness
spect and test the apparatus at inter- completed and signed by the examining
vals not exceeding 30 days and shall physician for each member of a mine
certify by signature and date that the rescue team. These forms shall be kept
inspections and tests were done. on file at the mine rescue station for a
(2) When the inspection indicates period of one year.
that a corrective action is necessary,
the corrective action shall be made and § 49.8 Training for mine rescue teams.
the person shall record the corrective (a) Prior to serving on a mine rescue
action taken. team each member shall complete, at a
(3) The certification and the record of minimum, an initial 20-hour course of
corrective action shall be maintained instruction as prescribed by MSHA’s
at the mine rescue station for a period Office of Educational Policy and Devel-
of one year and made available on re- opment, in the use, care, and mainte-
quest to an authorized representative nance of the type of breathing appa-
of the Secretary. ratus which will be used by the mine
[73 FR 53123, Sept. 15, 2008] rescue team. The initial training re-
quirement is waived for those miners
§ 49.7 Physical requirements for mine on a mine rescue team on the effective
rescue team. date of this rule.
(a) Each member of a mine rescue (b) Upon completion of the initial
team shall be examined annually by a training, all team members shall re-
physician who shall certify that each ceive at least 40 hours of refresher
person is physically fit to perform training annually. This training shall
mine rescue and recovery work for probe given at least 4 hours each month,
longed periods under strenuous condi- or for a period of 8 hours every two
tions. The first such physical examina- months. This training shall include:
tion shall be completed within 60 days (1) Sessions underground at least
prior to scheduled initial training. A once each 6 months;
team member requiring corrective eye- (2) The wearing and use of the
glasses will not be disqualified pro- breathing apparatus by team members
vided the eyeglasses can be worn se- for a period of at least two hours while
curely within an approved facepiece. under oxygen every two months;
(b) In determining whether a miner is (3) Where applicable, the use, care,
physically capable of performing mine capabilities, and limitations of auxil-
rescue duties, the physician shall take iary mine rescue equipment, or a dif-
the following conditions into consider- ferent breathing apparatus;
ation: (4) Advanced mine rescue training
(1) Seizure disorder; and procedures; as prescribed by
(2) Perforated eardrum; MSHA’s Office of Educational Policy
(3) Hearing loss without a hearing aid and Development; and
greater than 40 decibels at 400, 1,000 and (5) Mine map training and ventilation
2,000 Hz; procedures.
(4) Repeated blood pressure (con- (c) A mine rescue team member will
trolled or uncontrolled by medication) be ineligible to serve on a team if more
reading which exceeds 160 systolic, or than 8 hours of training is missed dur-
100 diastolic, or which is less than 105 ing one year, unless additional training
systolic, or 60 diastolic; is received to make up for the time
(5) Distant visual acuity (without missed.
glasses) less than 20/50 Snellen scale in (d) The training courses required by
one eye, and 20/70 in the other; this section shall be conducted by in-
(6) Heart disease; structors who have been employed in
(7) Hernia; an underground mine for a minimum of

(8) Absence of a limb or hand; or one year within the past five years, and
264
who have received MSHA approval § 49.9 Mine emergency notification

through: plan.
(1) Completion of an MSHA or State
(a) Each underground mine shall
approved instructor’s training course
and the program of instruction in the have a mine rescue notification plan
subject matter to be taught. outlining the procedures to follow in
(2) Designation by the District Man- notifying the mine rescue teams when
ager as approved instructors to teach 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.
(e) The District Manager may revoke Subpart B—Mine Rescue Teams
an instructor’s approval for good cause. for Underground Coal Mines
A written statement revoking the ap-
proval together with reasons for rev- SOURCE: 73 FR 7648, Feb. 8, 2008, unless oth-
ocation shall be provided the instruc- erwise noted.
tor. The affected instructor may appeal
the decision of the District Manager by § 49.11 Purpose and scope.
writing to the Administrator for Metal (a) This subpart implements the pro-
and Nonmetal Mine Safety and Health, visions of section 115(e) of the Federal
MSHA, 201 12th Street South, Arling-
Mine Safety and Health Act of 1977, as
ton, VA 22202–5452. The Administrator
amended by the Mine Improvement and
shall issue a decision on the appeal.
(f) Upon request from the District New Emergency Response (MINER) Act
Manager, the operator shall provide in- of 2006. Every operator of an under-
formation concerning the schedule of ground coal mine shall assure the
upcoming training. availability of mine rescue capability
(g) A record of training of each team for purposes of emergency rescue and
member shall be on file at the mine recovery.
rescue station for a period of one year. (b) The following Table 49.11 summa-
rizes the new requirements for mine
FR 23641, May 28, 1982; 47 FR 28095, June 29, rescue teams contained in section 4 of
1982; 67 FR 38385, June 4, 2002; 80 FR 52986, the MINER Act.
Sept. 2, 2015]
TABLE 49.11—SUMMARY 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.
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.
265
§ 49.12 30 CFR Ch. I (7–1–20 Edition)
TABLE 49.11—SUMMARY OF NEW MINER ACT REQUIREMENTS FOR UNDERGROUND COAL MINE
OPERATORS AND MINE RESCUE TEAMS—Continued
Type of mine rescue team
Requirement State-
Mine-site Composite Contract sponsored
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 teams shall have a minimum of 3 years
28608, June 17, 2009] underground coal mine experience that
shall have occurred within the 10-year
§ 49.12 Availability of mine rescue period preceding their employment on
teams.
the contract mine rescue team. For the
(a) Except where alternative compli- purpose of mine rescue work only, min-
ance is permitted for small and remote ers who are employed on the surface
mines (§ 49.13), every operator of an un- but work regularly underground shall
derground mine shall: meet the experience requirement. The
(1) Establish at least two mine rescue underground experience requirement is
teams which are available at all times waived for those miners on a mine res-
when miners are underground; or cue team on February 8, 2008.
(2) Enter into an arrangement for (d) Each operator shall arrange, in
mine rescue services which assures advance, ground transportation for res-
that at least two mine rescue teams cue teams and equipment to the mine
are available at all times when miners or mines served.
are underground. (e) The required rescue capability
(b) Each mine rescue team shall con- shall be present at all existing under-
sist of five members and one alternate ground mines, upon initial excavation
who are fully qualified, trained, and of a new underground mine entrance,
equipped for providing emergency mine or the re-opening of an existing under-
rescue service. Mine rescue teams for ground mine.
anthracite coal mines, which have no (f) No mine served by a mine rescue
electrical equipment at the face or team shall be located more than 1 hour
working section, shall consist of at ground travel time from the mine res-
least three members per team and one cue station with which the rescue team
alternate that may be shared between is associated.
both teams. (g) As used in this subpart, mine res-
(c) To be considered for membership cue teams shall be considered available
on a mine rescue team, each person where teams are capable of presenting
must have been employed in an under- themselves at the mine site(s) within a
ground mine for a minimum of 1 year reasonable time after notification of an
within the past 5 years, except that occurrence which might require their
members of contract mine rescue services. Rescue team members will be
266
considered available even though per- (6) A statement by the operator eval-
forming regular work duties or in an uating the usefulness of additional ref-
off-duty capacity. The requirement uge chambers to supplement those
that mine rescue teams be available which may exist;
shall not apply when teams are partici- (7) A statement by the operator as to
pating in mine rescue contests or pro- the number of miners willing to serve
viding services to another mine. on a mine rescue team;
(h) Each operator of an underground (8) The operator’s alternative plan
mine who provides rescue teams under for assuring that a suitable mine res-
this section shall send the District cue capability is provided at all times
Manager a statement describing the when miners are underground; and
mine’s method of compliance with this (9) Other relevant information about
subpart. The statement shall disclose the operator’s mine which may be re-
whether the operator has independ- quested by the District Manager.
ently provided mine rescue teams or (d) A copy of the operator’s applica-
entered into an agreement for the serv- tion shall be posted at the mine. Where
ices of mine rescue teams. The name of a miners’ representative has been des-
the provider and the location of the ignated, the operator shall also provide
services shall be included in the state- the representative with a copy of the
ment. A copy of the statement shall be application.
posted at the mine for the miners’ in-
(e) In determining whether to ap-
formation. Where a miners’ representa-
prove an application for alternative
tive has been designated, the operator
compliance, the District Manager shall
shall also provide the representative
consider:
with a copy of the statement.
(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 operator’s 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-
operator’s 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 operator’s mine is less than miners’ information. Where a miners’
36. representative has been designated, the
(b) An application for alternative operator shall also provide the rep-
mine rescue capability shall be sub- resentative with a copy of the approved
mitted to the District Manager for the plan.
district in which the mine is located (g) The operator shall notify the Dis-
for review and approval. trict Manager of any changed condition
(c) Each application for an alter- or factor materially affecting informa-
native mine rescue capability shall tion submitted in the application for
contain: alternative mine rescue capability.
(1) The number of miners employed (h)(1) An approved plan for alter-
underground at the mine on each shift; native mine rescue capability shall be
(2) The location of the designated subject to revocation or modification
mine rescue station serving the mine; for cause by MSHA, where it is deter-
(3) The total underground employ- mined that a condition or factor has
ment of mines within 1 hour ground changed which would materially alter
travel time of the operator’s mine; the operator’s mine rescue capability.
(4) The operator’s mine fire, ground, If such action is contemplated, the op-
and roof control history; erator will be notified, and given an op-
(5) The operator’s established escape portunity to be heard before the appro-
and evacuation plan; priate District Manager.
267
§ 49.14 30 CFR Ch. I (7–1–20 Edition)
(2) If an application for alternative (3) Two extra, fully-charged oxygen

compliance is denied or revoked, the bottles for every six self-contained
District Manager shall provide the rea- breathing apparatus.
son for such denial or revocation in (4) One oxygen pump or a cascading
writing to the operator. The operator system, compatible with the supplied
may appeal this decision in writing to breathing apparatus.
the Administrator for Coal Mine Safety (5) Twelve permissible cap lamps and
and Health. a charging rack.
(6) Four gas detectors appropriate for
§ 49.14 [Reserved] each type of gas that may be encoun-
tered at the mines served. Gas detec-
§ 49.15 Mine rescue station. tors must measure concentrations of
methane from 0.0 percent to 100 percent
(a) Every operator of an underground of volume, oxygen from 0.0 percent to
mine shall designate, in advance, the at least 20 percent of volume, and car-
location of the mine rescue station bon monoxide from 0.0 parts per mil-
serving the mine. lion to at least 9,999 parts per million.
(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-
diate use.
(a) Each mine rescue station shall be (1) A person trained in the use and
provided with at least the following care of breathing apparatus shall in-
equipment. Mine rescue stations serv- spect and test the apparatus at inter-
ing underground anthracite coal mines, vals not exceeding 30 days and shall
which have no electrical equipment at certify by signature and date that the
the face or working section, shall have inspections and tests were done.
at least the amount of equipment ap- (2) When the inspection indicates
propriate for the number of mine res- that a corrective action is necessary,
cue team members. the corrective action shall be made and
(1) Twelve self-contained breathing the person shall record the corrective
apparatus, each with a minimum of 4 action taken.
hours capacity (approved by MSHA and (3) The certification and the record of
NIOSH under 42 CFR part 84, subpart corrective action shall be maintained
H), and any necessary equipment for at the mine rescue station for a period
testing such breathing apparatus. of 1 year and made available on request
(2) A portable supply of liquid air, to an authorized representative of the
liquid oxygen, pressurized oxygen, or Secretary.
oxygen generating chemicals, and car- [73 FR 53123, Sept. 15, 2008]
bon dioxide absorbent chemicals, as ap-
plicable to the supplied breathing ap- § 49.17 Physical requirements for mine
paratus and sufficient to sustain each rescue team.
team for 8 hours while using the (a) Each member of a mine rescue
breathing apparatus during rescue op- team shall be examined annually by a

erations. physician who shall certify that each
268
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; MSHA’s 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 5000–3 (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 instructor’s training course
be kept on file at the mine rescue sta- and the program of instruction in the
tion for a period of 1 year. subject matter to be taught.
(2) Designation by the District Man-
§ 49.18 Training for mine rescue teams. ager as approved instructors to teach
(a) Prior to serving on a mine rescue specific courses, based on their quali-
team each member shall complete, at a fications and teaching experience out-
minimum, an initial 20-hour course of lined above. Previously approved in-
instruction as prescribed by MSHA’s structors need not be re-designated to
Office of Educational Policy and Devel- teach the approved courses as long as
opment, in the use, care, and mainte- they have taught those courses within
nance of the type of breathing appa- the 24 months prior to the effective
ratus which will be used by the mine date of this part.
rescue team. (e) The District Manager may revoke
(b) Upon completion of the initial an instructor’s approval for good cause.
training, all team members shall re- A written statement revoking the ap-
ceive at least 96 hours of refresher proval together with reasons for rev-
training annually, which shall include ocation shall be provided the instruc-
participation in local mine rescue con- tor. The affected instructor may appeal
269
§ 49.19 30 CFR Ch. I (7–1–20 Edition)
the decision of the District Manager by (3) Contract team. A mine rescue team
writing to the Administrator for Coal that is provided by an arrangement
Safety and Health. The Administrator with another coal mine or with a third
shall issue a decision on the appeal. party and whose members—
(f) Upon request from the District (i) Are knowledgeable about the oper-
Manager, the operator shall provide in- ations and ventilation of each covered
formation concerning the schedule of underground coal mine, and
upcoming training. (ii) Participate in mine rescue train-
(g) A record of training of each team ing at each covered large mine at least
member shall be on file at the mine quarterly and at each covered small
rescue station for a period of 1 year. mine at least semi-annually.
(4) State-sponsored team. Members who
§ 49.19 Mine emergency notification
plan. are state employees and participate in
mine rescue training at each covered
(a) Each underground mine shall mine at least annually at large mines
have a mine rescue notification plan and at least semi-annually at small
outlining the procedures to follow in mines.
notifying the mine rescue teams when (c) For the purpose of mine rescue
there is an emergency that requires team membership, a member employed
their services. by an operator of multiple mines is
(b) A copy of the mine rescue notifi- considered to be an employee of each
cation plan shall be posted at the mine mine at which the member regularly
for the miners’ information. Where a works.
miners’ representative has been des-
(d) For the purpose of mine rescue
ignated, the operator shall also provide
team training at each covered mine, a
the representative with a copy of the
portion of the training must be con-
plan.
ducted underground.
§ 49.20 Requirements for all coal [73 FR 7648, Feb. 8, 2008, as amended at 74 FR
mines. 28609, June 17, 2009]
(a) The operator of each underground
coal mine shall make available two § 49.30 Requirements for small coal
mines.
certified mine rescue teams whose
members— At mines with 36 or fewer under-
(1) Are familiar with the operations ground employees, mine rescue team
of the mine, and members shall be knowledgeable about
(2) Participate at least annually in the operations and ventilation of each
two local mine rescue contests. covered mine.
(b) Team members shall meet the fol-
lowing: § 49.40 Requirements for large coal
mines.
(1) Mine-site team. Members who work
at the mine and participate in mine At mines with more than 36 under-
rescue training at the mine at least an- ground employees, one of the two cer-
nually at large mines and at least tified mine rescue teams shall be an in-
semi-annually at small mines. dividual mine-site team or a composite
(2) Composite team. A mine rescue team.
team that covers multiple mines and
whose members— § 49.50 Certification of coal mine res-
(i) Include at least two members from cue teams.
each covered large mine and at least (a) For each mine rescue team des-
one member from each covered small ignated to provide mine rescue cov-
mine, erage at an underground coal mine, the
(ii) Are knowledgeable about the op- mine operator shall send the District
erations and ventilation of each cov- Manager an annual statement certi-
ered underground coal mine, and fying that each team meets the re-
(iii) Participate in mine rescue train- quirements of this subpart as listed in
ing at each covered mine at least semi- the following Table 49.50–A and Table
annually. 49.50–B.
270
(b) The operator shall notify the Dis-

trict Manager within 60 days of any
change in team membership.
TABLE 49.50–A—INITIAL 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 49.50–B—ANNUAL 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-
lated mine rescue team exercise; and
(a) A local mine rescue contest is one
that— (6) Includes contest judges who have
completed annual training for mine
(1) Is conducted in the United States;
rescue contest judges.
(2) Uses MSHA-recognized rules;
(b) A local mine rescue contest is
(3) Has a minimum of three mine restraining that provides an objective
cue teams competing; 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 team’s schedule of participation in up-
and provide written feedback, and coming local mine rescue contests.
271
Pt. 49, Subpt. B, App. 30 CFR Ch. I (7–1–20 Edition)
APPENDIX TO SUBPART B OF PART 49—OPTIONAL FORM FOR CERTIFYING MINE

RESCUE TEAMS
272
ER08FE08.000</GPH>
Mine Safety and Health Admin., Labor Pt. 49, Subpt. B, App.
273
ER08FE08.001</GPH>
SUBCHAPTER I—ACCIDENTS, INJURIES, ILLNESSES,
EMPLOYMENT, AND PRODUCTION IN MINES
PART 50—NOTIFICATION, INVES- Subpart A—General

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 A—General 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 B—Notification, 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 C—Reporting 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 7000–1—Mine Accident, In- of reports at relevant mine offices. The
jury, and Illness Report. purpose of this part is to implement
50.20–1 General instructions for completing MSHA’s authority to investigate, and
MSHA Form 7000–1.
to obtain and utilize information per-
50.20–2 Criteria—‘‘Transfer to another job’’.
50.20–3 Criteria—Differences between med-
taining to, accidents, injuries, and ill-
ical treatment and first aid. nesses occurring or originating in
50.20–4 Criteria—MSHA Form 7000–1, Sec- mines. In utilizing information re-
tion A. ceived under part 50, MSHA will de-
50.20–5 Criteria—MSHA Form 7000–1, Sec- velop rates of injury occurrence (inci-
tion B. dent rates or IR), on the basis of 200,000
50.20–6 Criteria—MSHA Form 7000–1, Sec- hours of employee exposure (equivalent
tion C. to 100 employees working 2,000 hours
50.20–7 Criteria—MSHA Form 7000–1, Sec-
per year). The incidence rate for a par-
tion D.
ticular injury category will be based on
Subpart D—Quarterly 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 7000–2—Quarterly Employment and
Coal Production Report. MSHA will develop data respecting in-
50.30–1 General instructions for completing jury severity using days away from
MSHA Form 7000–2. work or days of restricted work activ-
ity and the 200,000 hour base as cri-
Subpart E—Maintenance 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]
274
§ 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 B—Notification, Investiga-
have resulted from work at a mine or tion, Preservation of Evi-
for which an award of compensation is dence
made.
(g) First aid means one-time treat- § 50.10 Immediate notification.
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
275
§ 50.11 30 CFR Ch. I (7–1–20 Edition)
within 15 minutes at the toll-free num- (7) A sketch, where pertinent, includ-
ber, 1–800–746–1553, 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, no operator
may alter an accident site or an acci-
§ 50.11 Investigation.
dent related area until completion of
(a) After notification of an accident all investigations pertaining to the ac-
by an operator, the MSHA District cident except to the extent necessary
Manager will promptly decide whether to rescue or recover an individual, pre-
to conduct an accident investigation vent or eliminate an imminent danger,
and will promptly inform the operator or prevent destruction of mining equip-
of his decision. If MSHA decides to in- ment.
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 C—Reporting 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 7000–1 as a report, except that MSHA Report Form 7000–1—Mine
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
7000–1 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 7000–1. 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; §§ 50.20–1 through 50.20–7. 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 § 50.20–6(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
276
Mine Safety and Health Admin., Labor § 50.20–3
A, B, and items 5 through 12 of section electronic filing, contact the MSHA

C of Form 7000–1 shall be completed help desk at 877–778–6055.
and mailed to MSHA in accordance
[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11,
with the instructions in § 50.20–1 and 1978; 60 FR 35695, July 11, 1995, as amended at
criteria contained in §§ 50.20–4 through 69 FR 26499, May 13, 2004; 71 FR 16666, Apr. 3,
50.20–6. 2006]
(b) Each operator shall report each
occupational injury or occupational ill- § 50.20–2 Criteria—‘‘Transfer 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 § 50.20–1 and criteria contained ported. Controlling the amount of ex-
in §§ 50.20–2 through 50.20–7. posure to radiation during some period
(Secs. 103 (a) and (h), and 508, Pub. L. 91–173, of time is one example. Transfer of a
as amended by Pub. L. 95–164, 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.
§ 50.20–1 General instructions for com- § 50.20–3 Criteria—Differences be-
pleting MSHA Form 7000–1. tween medical treatment and first
Each Form 7000–1 consists of four aid.
sheets, an original and three copies. (a) Medical treatment includes, but
The original form shall be mailed to: is not limited to, the suturing of any
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 D—Return to Duty Informa- treatment of second and third degree
tion—the 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, 888–231– 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
277
§ 50.20–3 30 CFR Ch. I (7–1–20 Edition)
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
application of butterfly closures for professional treatment.
non-cosmetic purposes, sutures, [42 FR 65535, Dec. 30, 1977; 43 FR 12318, Mar.
(stitches), surgical debridement, treat- 24, 1978]
278
§ 50.20–4 Criteria—MSHA Form 7000–1, § 50.20–6 Criteria—MSHA Form 7000–1,

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-
tor’s 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
§ 50.20–5 Criteria—MSHA Form 7000–1, 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 01—A death of an individual at a mine; umns (b) and (c):
Code 02—An injury to an individual at a
mine which has a reasonable potential to Code 02—Surface shop, yard, etc., at an un-
cause death; derground mine;
Code 03—An entrapment of an individual for Code 30—Mill operation, preparation plant,
more than 30 minutes; or breaker, including associated shops and
Code 04—An unplanned mine inundation by a yards;
liquid or gas; Code 03—Surface strip or open pit mine, in-
Code 05—An unplanned ignition or explosion cluding shop and yard;
of dust or gas; Code 04—Surface auger coal operation on a
Code 06—An unplanned mine fire not extin- coal mine, including shop and yard;
guished within 30 minutes of discovery; Code 05—Surface culm bank or refuse pile at
Code 07—An unplanned ignition of a blasting a coal mine, including shop and yard;
agent or an explosive; Code 06—Dredge mining, including shop and
Code 08—An unplanned roof fall at or above yard;
the anchorage zone in active workings Code 12—Other surface mining;
where roof bolts are in use; or a roof or rib Code 17—Independent shops;
fall on active workings that impairs ven- Code 99—Office facilities.
tilation or impedes passage;
(ii) Column (b)—Underground loca-
Code 09—A 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 10—An unstable condition at an im- the accident injury or illness occurred:
poundment, refuse pile, or culm bank
which requires emergency action in order Code 01—Vertical shaft;
to prevent failure, or which causes individ- Code 02—Slope/Inclined shaft;
uals to evacuate an area; or, failure of an Code 03—Face;
impoundment, refuse pile, or culm bank; Code 04—Intersection;
Code 11—Damage to hoisting equipment in a Code 05—Underground Shop/Office;
shaft or slope which endangers an indi- Code 06—Other.
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-
dent injury or illness occurred on a
Code 12—An event at a mine which causes

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
279
§ 50.20–6 30 CFR Ch. I (7–1–20 Edition)
at that working section or working (i) ‘‘Permanent total disability.’’ The

place: classification for any injury or illness
Code 01—Longwall;
other than death which permanently
Code 02—Shortwall; and totally incapacitates an employee
Code 03—Conventional/stoping; from following any gainful occupation
Code 05—Continuous Miners; or which results in the loss, or the
Code 06—Hand Loading; complete loss of use, of any of the fol-
Code 07—Caving; lowing in one accident injury or ill-
Code 08—Other.
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 13–27 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 miner’s 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 miner’s 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
280
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. 91–173,
(i) Code 21—Occupational Skin Dis- as amended by Pub. L. 95–164, 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 22—Dust Diseases of the § 50.20–7 Criteria—MSHA Form 7000–1,
Lungs (Pneumoconioses). Examples: Sili- Section D.
cosis, asbestosis, coal worker’s pneu- This section requires information
moconiosis, and other pneumoconioses. concerning the miner’s return to duty.
(iii) Code 23—Respiratory Conditions (a) Item 28. Permanently transferred
due to Toxic Agents. Examples: Pneumo- or terminated. Check this block if the
nitis, pharyngitis, rhinitis, or acute miner’s 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 24—Poisoning (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 25—Disorders 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 26—Disorders 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; Raynaud’s 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 29—All 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. Miner’s 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
281
§ 50.30 30 CFR Ch. I (7–1–20 Edition)
any days the miner did not work even day of a calendar quarter shall report
though able to work. coal production on Form 7000–2.
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 § 50.30–1 General instructions for com-
pleting MSHA Form 7000–2.
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 D—Quarterly 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 7000–2—Quarterly 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 7000–2 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 operator’s 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, 888–231–5515. 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 877–778–6055. 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
282
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 E—Maintenance 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 (10 mine for five years after the concur-
+ 12 + 13 + 14 + 15 = 64). Then divide by rence.
the number of pay periods (64 divided (b) Each operator shall maintain a
by 5 = 12.8). Rounding this to the near-
copy of each report submitted under
est whole number, we get 13 as the av-
§ 50.20 or § 50.30 at the mine office clos-
erage 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.
283
§ 50.41 30 CFR Ch. I (7–1–20 Edition)
SUBCHAPTER J [RESERVED]
284
SUBCHAPTER K—METAL AND NONMETAL MINE SAFETY
AND HEALTH
PART 56—SAFETY AND HEALTH 56.4331 Firefighting drills.

STANDARDS—SURFACE METAL FLAMMABLE AND COMBUSTIBLE LIQUIDS AND
AND NONMETAL MINES GASES
56.4400 Use restrictions.
Subpart A—General 56.4401 Storage tank foundations.
56.4402 Safety can use.
Sec.
56.1 Purpose and scope. 56.4430 Storage facilities.
56.2 Definitions. INSTALLATION/CONSTRUCTION/MAINTENANCE
PROCEDURES 56.4500 Heat sources.
56.1000 Notification of commencement of 56.4501 Fuel lines.
operations and closing of mines. 56.4502 Battery-charging stations.
56.4503 Conveyor belt slippage.
Subpart B—Ground Control 56.4530 Exits.
56.4531 Flammable or combustible liquid
56.3000 Definitions. storage buildings or rooms.
MINING METHODS WELDING/CUTTING/COMPRESSED GASES
56.3130 Wall, bank, and slope stability. 56.4600 Extinguishing equipment.
56.3131 Pit or quarry wall perimeter. 56.4601 Oxygen cylinder storage.
56.4602 Gauges and regulators.
SCALING AND SUPPORT
56.4603 Closure of valves.
56.3200 Correction of hazardous conditions. 56.4604 Preparation of pipelines or con-
56.3201 Location for performing scaling. tainers.
56.3202 Scaling tools. APPENDIX I TO SUBPART C OF PART 56—NA-
56.3203 Rock fixtures. TIONAL CONSENSUS STANDARDS
PRECAUTIONS
Subpart D—Air Quality and Physical
56.3400 Secondary breakage. Agents
56.3401 Examination of ground conditions.
56.3430 Activity between machinery or AIR QUALITY
equipment and the highwall or bank.
56.5001 Exposure limits for airborne con-
Subpart C—Fire Prevention and Control taminants.
56.5002 Exposure monitoring.
56.4000 Definitions. 56.5005 Control of exposure to airborne con-
56.4011 Abandoned electric circuits. taminants.
56.5006 Restricted use of chemicals.
PROHIBITIONS/PRECAUTIONS/HOUSEKEEPING
56.4100 Smoking and use of open flames. Subpart E—Explosives
56.4101 Warning signs.
56.4102 Spillage and leakage. 56.6000 Definitions.
56.4103 Fueling internal combustion en- STORAGE
gines.
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
storage facilities.
FIREFIGHTING EQUIPMENT 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.
FIREFIGHTING PROCEDURES/ALARMS/DRILLS TRANSPORTATION

56.4330 Firefighting, evacuation, and rescue 56.6200 Delivery to storage or blast site
procedures. areas.
285
56.6201 Separation of transported explosive 56.6904 Smoking and open flames.
material. 57.6905 Protection of explosive material.
56.6202 Vehicles.
56.6203 Locomotives. Subpart F—Drilling and Rotary Jet Piercing
56.6204 Hoists.
56.6205 Conveying explosives by hand. DRILLING
56.7002 Equipment defects.
USE
56.7003 Drill area inspection.
56.6300 Control of blasting operations. 56.7004 Drill mast.
56.6301 Blasthole obstruction check. 56.7005 Augers and drill stems.
56.6302 Separation of explosive material. 56.7008 Moving the drill.
56.6303 Initiation preparation. 56.7009 Drill helpers.
56.6304 Primer protection. 56.7010 Power failures.
56.6305 Unused explosive material. 56.7011 Straightening crossed cables.
56.6306 Loading, blasting, and security. 56.7012 Tending drills in operation.
56.6307 Drill stem loading. 56.7013 Covering or guarding drill holes.
56.6308 Initiation systems. 56.7018 Hand clearance.
56.6309 Fuel oil requirements for ANFO. 56.7050 Tool and drill steel racks.
56.6310 Misfire waiting period. 56.7051 Loose objects on the mast or drill
56.6311 Handling of misfires. platform.
56.6312 Secondary blasting. 56.7052 Drilling positions.
56.7053 Moving hand-held drills.
ELECTRIC BLASTING
56.7055 Intersecting holes.
56.6400 Compatibility of electric detonators. 56.7056 Collaring in bootlegs.
56.6401 Shunting.
56.6402 Deenergized circuits near deto- ROTARY JET PIERCING
nators. 56.7801 Jet drills.
56.6403 Branch circuits. 56.7802 Oxygen hose lines.
56.6404 Separation of blasting circuits from 56.7803 Lighting the burner.
power source. 56.7804 Refueling.
56.6405 Firing devices. 56.7805 Smoking and open flames.
56.6406 Duration of current flow. 56.7806 Oxygen intake coupling.
56.6407 Circuit testing. 56.7807 Flushing the combustion chamber.
NONELECTRIC BLASTING
Subpart G [Reserved]
56.6500 Damaged initiating material.
56.6501 Nonelectric initiation systems. Subpart H—Loading, Hauling, and
56.6502 Safety fuse. Dumping
EXTRANEOUS ELECTRICITY TRAFFIC SAFETY
56.6600 Loading practices. 56.9100 Traffic control.
56.6601 Grounding. 56.9101 Operating speeds and control of
56.6602 Static electricity dissipation during equipment.
loading. 56.9102 Movement of independently oper-
56.6603 Air gap. ating rail equipment.
56.6604 Precautions during storms. 56.9103 Clearance on adjacent tracks.
56.6605 Isolation of blasting circuits. 56.9104 Railroad crossings.
EQUIPMENT/TOOLS TRANSPORTATION OF PERSONS AND MATERIALS
56.6700 Nonsparking tools. 56.9200 Transporting persons.
56.6701 Tamping and loading pole require- 56.9201 Loading, hauling, and unloading of
ments. equipment or supplies.
56.9202 Loading and hauling large rocks.
MAINTENANCE
56.6800 Storage facilities. SAFETY DEVICES, PROVISIONS, AND PROCE-
56.6801 Vehicle repair. DURES FOR ROADWAYS, RAILROADS, AND
56.6802 Bulk delivery vehicles. LOADING AND DUMPING SITES
56.6803 Blasting lines. 56.9300 Berms or guardrails.
56.9301 Dump site restraints.
GENERAL REQUIREMENTS
56.9302 Protection against moving or run-
56.6900 Damaged or deteriorated explosive away railroad equipment.
material. 56.9303 Construction of ramps and dumping
56.6901 Black powder. facilities.

56.6902 Excessive temperatures. 56.9304 Unstable ground.
56.6903 Burning explosive material. 56.9305 Truck spotters.
286
56.9306 Warning devices for restricted clear- 56.12005 Protection of power conductors
ances. from mobile equipment.
56.9307 Design, installation, and mainte- 56.12006 Distribution boxes.
nance of railroads. 56.12007 Junction box connection proce-
56.9308 Switch throws. dures.
56.9309 Chute design. 56.12008 Insulation and fittings for power
56.9310 Chute hazards. wires and cables.
56.9311 Anchoring stationary sizing devices. 56.12010 Isolation or insulation of commu-
56.9312 Working around drawholes. nication conductors.
56.9313 Roadway maintenance. 56.12011 High-potential electrical conduc-
56.9314 Trimming stockpile and muckpile tors.
faces. 56.12012 Bare signal wires.
56.9315 Dust control. 56.12013 Splices and repairs of power cables.
56.9316 Notifying the equipment operator. 56.12014 Handling energized power cables.
56.9317 Suspended loads. 56.12016 Work on electrically-powered
56.9318 Getting on or off moving equipment. equipment.
56.9319 Going over, under, or between rail- 56.12017 Work on power circuits.
cars. 56.12018 Identification of power switches.
56.9330 Clearance for surface equipment. 56.12019 Access to stationary electrical
equipment or switchgear.
Subpart I—Aerial Tramways 56.12020 Protection of persons at
switchgear.
56.10001 Filling buckets. 56.12021 Danger signs.
56.10002 Inspection and maintenance. 56.12022 Authorized persons at major elec-
56.10003 Correction of defects. trical installations.
56.10004 Brakes. 56.12023 Guarding electrical connections and
56.10005 Track cable connections. resistor grids.
56.10006 Tower guards. 56.12025 Grounding circuit enclosures.
56.10007 Falling object protection. 56.12026 Grounding transformer and
56.10008 Riding tramways. switchgear enclosures.
56.10009 Riding loaded buckets. 56.12027 Grounding mobile equipment.
56.10010 Starting precautions. 56.12028 Testing grounding systems.
56.12030 Correction of dangerous conditions.
Subpart J—Travelways 56.12032 Inspection and cover plates.
56.12033 Hand-held electric tools.
56.11001 Safe access. 56.12034 Guarding around lights.
56.11002 Handrails and toeboards. 56.12035 Weatherproof lamp sockets.
56.11003 Construction and maintenance of 56.12036 Fuse removal or replacement.
ladders. 56.12037 Fuses in high-potential circuits.
56.11004 Portable rigid ladders. 56.12038 Attachment of trailing cables.
56.11005 Fixed ladder anchorage and toe 56.12039 Protection of surplus trailing ca-
clearance. bles.
56.11006 Fixed ladder landings. 56.12040 Installation of operating controls.
56.11007 Wooden components of ladders. 56.12041 Design of switches and starting
56.11008 Restricted clearance. boxes.
56.11009 Walkways along conveyors. 56.12042 Track bonding.
56.11010 Stairstep clearance. 56.12045 Overhead powerlines.
56.11011 Use of ladders. 56.12047 Guy wires.
56.11012 Protection for openings around 56.12048 Communication conductors on
travelways. power poles.
56.11013 Conveyor crossovers. 56.12050 Installation of trolley wires.
56.11014 Crossing moving conveyors. 56.12053 Circuits powered from trolley wires.
56.11016 Snow and ice on walkways and 56.12065 Short circuit and lightning protec-
travelways. tion.
56.11017 Inclined fixed ladders. 56.12066 Guarding trolley wires and bare
56.11025 Railed landings, backguards, and powerlines.
other protection for fixed ladders. 56.12067 Installation of transformers.
56.11026 Protection for inclined fixed lad- 56.12068 Locking transformer enclosures.
ders. 56.12069 Lightning protection for telephone
56.11027 Scaffolds and working platforms. wires and ungrounded conductors.
56.12071 Movement or operation of equip-
Subpart K—Electricity ment near high-voltage power lines.
56.12001 Circuit overload protection. Subpart L—Compressed Air and Boilers
56.12002 Controls and switches.

56.12003 Trailing cable overload protection. 56.13001 General requirements for boilers
56.12004 Electrical conductors. and pressure vessels.
287
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 56—NA-
TIONAL CONSENSUS STANDARDS
Subpart M—Machinery and Equipment
Subpart N—Personal Protection
56.14000 Definitions.
56.15001 First aid materials.
SAFETY DEVICES AND MAINTENANCE 56.15002 Hard hats.
REQUIREMENTS 56.15003 Protective footwear.
56.14100 Safety defects; examination, cor- 56.15004 Eye protection.
rection and records. 56.15005 Safety belts and lines.
56.14101 Brakes. 56.15006 Protective equipment and clothing
56.14102 Brakes for rail equipment. for hazards and irritants.
56.14103 Operators’ stations. 56.15007 Protective equipment or clothing
56.14104 Tire repairs. for welding, cutting, or working with
56.14105 Procedures during repairs or main- molten metal.
tenance. 56.15014 Eye protection when operating
56.14106 Falling object protection. grinding wheels.
56.14107 Moving machine parts. 56.15020 Life jackets and belts.
56.14108 Overhead drive belts.
56.14109 Unguarded conveyors with adjacent Subpart O—Materials Storage and
travelways. Handling
56.14110 Flying or falling materials.
56.14111 Slusher, backlash guards and secur- 56.16001 Stacking and storage of materials.
ing. 56.16002 Bins, hoppers, silos, tanks, and
56.14112 Construction and maintenance of surge piles.
guards. 56.16003 Storage of hazardous materials.
56.14113 Inclined conveyors: backstops or 56.16004 Containers for hazardous materials.
brakes. 56.16005 Securing gas cylinders.
56.14114 Air valves for pneumatic equip- 56.16006 Protection of gas cylinder valves.
ment. 56.16007 Taglines, hitches, and slings.
56.14115 Stationary grinding machines. 56.16009 Suspended loads.
56.14116 Hand-held power tools. 56.16010 Dropping materials from overhead.
56.14130 Roll-over protective structures 56.16011 Riding hoisted loads or on the hoist
(ROPS) and seat belts. hook.
56.14131 Seat belts for haulage trucks. 56.16012 Storage of incompatible substances.
56.14132 Horns and back-up alarms. 56.16013 Working with molten metal.
56.16014 Operator-carrying overhead cranes.
SAFETY PRACTICES AND OPERATIONAL 56.16015 Work or travel on overhead crane
PROCEDURES bridges.
56.16016 Lift trucks.
56.14200 Warnings prior to starting or mov-
ing equipment.
Subpart P—Illumination
56.14201 Conveyor start-up warnings.
56.14202 Manual cleaning of conveyor pul- 56.17001 Illumination of surface working
leys. areas.
56.14203 Application of belt dressing.
56.14204 Machinery lubrication. Subpart Q—Safety Programs
56.14205 Machinery, equipment, and tools.
56.14206 Securing movable parts. 56.18002 Examination of working places.
56.14207 Parking procedures for unattended 56.18006 New employees.
equipment. 56.18009 Designation of person in charge.
56.14208 Warning devices. 56.18010 First aid.
56.14209 Safety procedures for towing. 56.18012 Emergency telephone numbers.
56.14210 Movement of dippers, buckets, load- 56.18013 Emergency communications sys-
ing booms, or suspended loads. tem.
56.14211 Blocking equipment in a raised po- 56.18014 Emergency medical assistance and
sition. transportation.
56.14212 Chains, ropes, and drive belts. 56.18020 Working alone.
288
Subpart R—Personnel Hoisting 56.19069 Entering and leaving conveyances.

56.19070 Closing cage doors or gates.
56.19000 Application. 56.19071 Riding in skips or buckets.
56.19072 Skips and cages in same compart-
HOISTS 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- 56.19078 Hoisting buckets from the shaft
anisms. bottom.
56.19009 Position indicator. 56.19079 Blocking mine cars.
56.19010 Location of hoist controls. 56.19080 Hoisting tools, timbers, and other
56.19011 Drum flanges. materials.
56.19012 Grooved drums. 56.19081 Conveyances not in use.
56.19013 Diesel- and other fuel-injection- 56.19083 Overtravel backout device.
powered hoists.
56.19014 Friction hoist overtravel protec- SIGNALING
tion. 56.19090 Dual signaling systems.
56.19017 Emergency braking for electric 56.19091 Signaling instructions to hoist op-
hoists. erator.
56.19018 Overtravel by-pass switches. 56.19092 Signaling from conveyances.
56.19093 Standard signal code.
WIRE ROPES 56.19094 Posting signal code.
56.19021 Minimum rope strength. 56.19095 Location of signal devices.
56.19022 Initial measurement. 56.19096 Familiarity with signal code.
56.19023 Examinations.
SHAFTS
56.19024 Retirement criteria.
56.19025 Load end attachments. 56.19100 Shaft landing gates.
56.19026 Drum end attachment. 56.19101 Stopblocks and derail switches.
56.19027 End attachment retermination. 56.19102 Shaft guides.
56.19028 End attachment replacement. 56.19103 Dumping facilities and loading
56.19030 Safety device attachments. pockets.
56.19104 Clearance at shaft stations.
HEADFRAMES AND SHEAVES 56.19105 Landings with more than one shaft
56.19035 Headframe design. entrance.
56.19036 Headframe height. 56.19106 Shaft sets.
56.19037 Fleet angles. 56.19107 Precautions for work in compart-
56.19038 Platforms around elevated head ment affected by hoisting operation.
sheaves. 56.19108 Posting warning signs during shaft
work.
CONVEYANCES 56.19109 Shaft inspection and repair.
56.19110 Overhead protection for shaft deep-
56.19045 Metal bonnets. ening work.
56.19049 Hoisting persons in buckets. 56.191111 Shaft-sinking ladders.
56.19050 Bucket requirements.
56.19054 Rope guides. INSPECTION AND MAINTENANCE
HOISTING PROCEDURES 56.19120 Procedures for inspection, testing,
and maintenance.
56.19055 Availability of hoist operator for 56.19121 Recordkeeping.
manual hoists. 56.19122 Replacement parts.
56.19056 Availability of hoist operator for 56.19129 Examinations and tests at begin-
automatic hoists. ning of shift.
56.19057 Hoist operator’s physical fitness. 56.19130 Conveyance shaft test.
56.19058 Experienced hoist operators. 56.19131 Hoist conveyance connections.
56.19061 Maximum hoisting speeds. 56.19132 Safety catches.
56.19062 Maximum acceleration and decel- 56.19133 Shaft.
eration. 56.19134 Sheaves.
56.19063 Persons allowed in hoist room. 56.19135 Rollers in inclined shafts.
56.19065 Lowering conveyances by the
brakes. Subpart S—Miscellaneous
56.19066 Maximum riders in a conveyance.

56.19067 Trips during shift changes. 56.20001 Intoxicating beverages and nar-
56.19068 Orderly conduct in conveyances. cotics.
289
§ 56.1 30 CFR Ch. I (7–1–20 Edition)
56.20002 Potable water. Berm means a pile or mound of mate-
56.20003 Housekeeping. rial along an elevated roadway capable
56.20005 Carbon tetrachloride. of moderating or limiting the force of a
56.20008 Toilet facilities. vehicle in order to impede the vehicle’s
56.20009 Tests for explosive dusts. passage over the bank of the roadway.
56.20010 Retaining dams.
Blast area means the area in which
56.20011 Barricades and warning signs.
56.20013 Waste receptacles.
concussion (shock wave), flying mate-
56.20014 Prohibited areas for food and bev- rial, or gases from an explosion may
erages. cause injury to persons. In determining
the blast area, the following factors
AUTHORITY: 30 U.S.C. 811. shall be considered:
SOURCE: 50 FR 4054, Jan. 29, 1985, unless (1) Geology or material to be blasted.
otherwise noted. (2) Blast pattern.
(3) Burden, depth, diameter, and
Subpart A—General angle of the holes.
(4) Blasting experience of the mine.
§ 56.1 Purpose and scope. (5) Delay system, powder factor, and
This part 56 sets forth mandatory pounds per delay.
safety and health standards for each (6) Type and amount of explosive ma-
surface metal or nonmetal mine, in- terial.
cluding open pit mines, subject to the (7) Type and amount of stemming.
Federal Mine Safety and Health Act of Blast site means the area where explo-
1977. The purpose of these standards is sive material is handled during load-
the protection of life, the promotion of ing, including the perimeter formed by
health and safety, and the prevention the loaded blastholes and 50 feet (15.2
of accidents. meters) in all directions from loaded
holes. A minimum distance of 30 feet
§ 56.2 Definitions. (9.1 meters) may replace the 50-foot
The following definitions apply in (15.2-meter) requirement if the perim-
this part. In addition definitions con- eter of loaded holes is demarcated with
tained in any subpart of part 56 apply a barrier. The 50-foot (15.2-meter) and
in that subpart. If inconsistent with alternative 30-foot (9.1-meter) require-
the general definitions in this section, ment also apply in all directions along
the definition in the subpart will apply the full depth of the hole.
in that subpart: Blasting agent means any substance
American Table of Distances means the classified as a blasting agent by the
current edition of ‘‘The American Department of Transportation in 49
Table of Distances for Storage of Ex- CFR 173.114(a) (44 FR 31182, May 31,
plosives’’ published by the Institute of 1979) which is incorporated by ref-
Makers of Explosives. erence. This document is available for
Approved means tested and accepted inspection at each Metal and Nonmetal
for a specific purpose by a nationally Safety and Health District Office of the
recognized agency. Mine Safety and Health Administra-
Attended means presence of an indi- tion, and may be obtained from the
vidual or continuous monitoring to U.S. Government Printing Office,
prevent unauthorized entry or access. Washington, DC 20402.
Authorized person means a person ap- Blasting area means the area near the
proved or assigned by mine manage- blasting operations in which concus-
ment to perform a specific type of duty sion or flying material can reasonably
or duties or to be at a specific location be expected to cause injury.
or locations in the mine. Blasting cap means a detonator which
Barricaded means obstructed to pre- is initiated by a safety fuse.
vent the passage of persons, vehicles, Blasting circuit means the electrical
or flying materials. circuit used to fire one or more electric
Barrier means a material object, or blasting caps.
objects that separates, keeps apart, or Blasting switch means a switch used
demarcates in a conspicuous manner to connect a power source to a blasting

such as cones, a warning sign, or tape. circuit.
290
Booster means any unit of explosive Detonator means any device con-
or blasting agent used for the purpose taining a detonating charge that is
of perpetuating or intensifying an ini- used to initiate an explosive and in-
tial detonation. cludes but is not limited to blasting
Capped fuse means a length of safety caps, electric blasting caps and non-
fuse to which a blasting cap has been electric instantaneous or delay blast-
attached. ing caps.
Capped primer means a package or Distribution box means a portable ap-
cartridge of explosives which is specifi- paratus with an enclosure through
cally designed to transmit detonation which an electric circuit is carried to
to other explosives and which contains one or more cables from a single in-
a detonator. coming feed line, each cable circuit
Circuit breaker means a device de- being connected through individual
signed to open and close a circuit by overcurrent protective devices.
nonautomatic means and to open the Electric blasting cap means a deto-
circuit automatically on a predeter- nator designed for and capable of being
mined overcurrent setting without in- initiated by means of an electric cur-
jury to itself when properly applied rent.
within its rating. Electrical grounding means to connect
Combustible means capable of being with the ground to make the earth part
ignited and consumed by fire. of the circuit.
Combustible liquids means liquids hav- Employee means a person who works
ing a flash point at or above 100 °F (37.8 for wages or salary in the service of an
°C). They are divided into the following employer.
classes: Employer means a person or organiza-
tion which hires one or more persons to
(1) Class II liquids—those having
work for wages or salary.
flash points at or above 100 °F (37.8 °C)
Emulsion means an explosive material
and below 140 °F (60 °C).
containing substantial amounts of
(2) Class IIIA liquids—those having
oxidizers dissolved in water droplets,
flash points at or above 140 °F (60 °C)
surrounded by an immiscible fuel.
and below 200 °F (93.4 °C).
Explosive means any substance classi-
(3) Class IIIB liquids—those having fied as an explosive by the Department
flash points at or above 200 °F (93.4 °C). of Transportation in 49 CFR 173.53,
Combustible material means a material 173.88, and 173.100 which are incor-
that, in the form in which it is used porated by reference. Title 49 CFR is
and under the conditions anticipated, available for inspection at each Metal
will ignite, burn, support combustion, and Nonmetal Safety and Health dis-
or release flammable vapors when sub- trict office of the Mine Safety and
jected to fire or heat. Wood, paper, rub- Health Administration, and may be ob-
ber, and plastics are examples of com- tained from the U.S. Government
bustible materials. Printing Office, Washington, DC 20402.
Company official means a member of Explosive material means explosives,
the company supervisory or technical blasting agents, and detonators.
staff. Face or bank means that part of any
Competent person means a person hav- mine where excavating is progressing
ing abilities and experience that fully or was last done.
qualify him to perform the duty to Fire resistance rating means the time,
which he is assigned. in minutes or hours, that an assembly
Conductor means a material, usually of materials will retain its protective
in the form of a wire, cable, or bus bar, characteristics or structural integrity
capable of carrying an electric current. upon exposure to fire.
Delay connector means a non-electric Flammable means capable of being
short interval delay device for use in easily ignited and of burning rapidly.
delaying blasts which are initiated by Flammable gas means a gas that will
detonating cord. burn in the normal concentrations of
Detonating cord means a flexible cord oxygen in the air.
containing a solid core of high explo- Flammable liquid means a liquid that
sives. has a flash point below 100 °F (37.8 °C),
291
§ 56.2 30 CFR Ch. I (7–1–20 Edition)
a vapor pressure not exceeding 40 Washington, DC 20036–3605; 202–429–9280;

pounds per square inch (absolute) at 100 https://www.ime.org. This incorporation
°F (37.8 °C), and is known as a Class I by reference has been approved by the
liquid. Director of the Federal Register in ac-
Flash point means the minimum tem- cordance with 5 U.S.C. 552(a) and 1 CFR
perature at which sufficient vapor is part 51. Copies are available at MSHA’s
released by a liquid or solid to form a Office of Standards, Regulations, and
flammable vapor-air mixture at atmos- Variances, 201 12th Street South, Ar-
pheric pressure. lington, VA 22202–5452; 202–693–9440; and
High potential means more than 650 at all Metal and Nonmetal Mine Safety
volts. and Health District Offices, or avail-
Highway means any public street, able for inspection at the National Ar-
public alley, or public road. chives and Records Administration
Hoist means a power driven windlass (NARA). For information on the avail-
or drum used for raising ore, rock, or ability of this material at NARA, call
other material from a mine, and for 202–741–6030, or go to: http://
lowering or raising persons and mate- www.archives.gov/federallregister/
rial. codeloflfederallregulations/
Igniter cord means a fuse, cordlike in ibrllocations.html.
appearance, which burns progressively Lay means the distance parallel to
along its length with an external flame the axis of the rope in which a strand
at the zone of burning, and is used for makes one complete turn about the
lighting a series of safety fuses in the axis of the rope.
desired sequence. Loading means placing explosive ma-
Insulated means separated from other terial either in a blasthole or against
conducting surfaces by a dielectric sub- the material to be blasted.
stance permanently offering a high re- Low potential means 650 volts or less.
sistance to the passage of current and Magazine means a facility for the
to disruptive discharge through the storage of explosives, blasting agents,
substance. When any substance is said or detonators.
to be insulated, it is understood to be Major electrical installation means an
insulated in a manner suitable for the assemblage of stationary electrical
conditions to which it is subjected. equipment for the generation, trans-
Otherwise, it is, within the purpose of mission, distribution, or conversion of
this definition, uninsulated. Insulating electrical power.
covering is one means for making the Mantrip means a trip on which per-
conductor insulated. sons are transported to and from a
Insulation means a dielectric sub- work area.
stance offering a high resistance to the Mill includes any ore mill, sampling
passage of current and to a disruptive works, concentrator, and any crushing,
discharge through the substance. grinding, or screening plant used at,
Laminated partition means a partition and in connection with, an excavation
composed of the following material and or mine.
minimum nominal dimensions: 1⁄2-inch- Misfire means the complete or partial
thick plywood, 1⁄2-inch-thick gypsum failure of a blasting charge to explode
wallboard, 1⁄8-inch-thick low carbon as planned.
steel, and 1⁄4-inch-thick plywood, bond- Mobile equipment means wheeled,
ed together in that order (IME–22 Box). skid-mounted, track-mounted, or rail-
A laminated partition also includes al- mounted equipment capable of moving
ternative construction materials de- or being moved.
scribed in the Institute of Makers of Multipurpose dry-chemical fire extin-
Explosives (IME) Safety Library Publi- guisher means an extinguisher having a
cation No. 22, ‘‘Recommendations for rating of at least 2–A:10–B:C and con-
the Safe Transportation of Detonators taining a nominal 4.5 pounds or more of
in a Vehicle with Other Explosive Ma- dry-chemical agent.
terials’’ (May 1993), and the ‘‘Generic Noncombustible material means a ma-
Loading Guide for the IME–22 Con- terial that, in the form in which it is
tainer’’ (October 1993). The IME is lo- used and under the conditions antici-
cated at 1120 19th Street NW., Suite 310, pated, will not ignite, burn, support
292
combustion, or release flammable va- Rock fixture means any tensioned or

pors when subjected to fire or heat. nontensioned device or material in-
Concrete, masonry block, brick, and serted into the ground to strengthen or
steel are examples of noncombustible support the ground.
materials. Roll protection means a framework,
Non-electric delay blasting cap means a safety canopy or similar protection for
detonator with an integral delay ele- the operator when equipment over-
ment and capable of being initiated by turns.
miniaturized detonating cord. Safety can means an approved con-
Overburden means material of any tainer, of not over five gallons capac-
nature, consolidated or unconsolidated, ity, having a spring-closing lid and
that overlies a deposit of useful mate- spout cover.
rials or ores that are to be mined. Safety fuse means a flexible cord con-
Overload means that current which taining an internal burning medium by
will cause an excessive or dangerous which fire is conveyed at a continuous
temperature in the conductor or con- and uniform rate for the purpose of fir-
ductor insulation. ing blasting caps or a black powder
Permissible means a machine, mate- charge.
rial, apparatus, or device that has been Safety switch means a sectionalizing
investigated, tested, and approved by switch that also provides shunt protec-
the Bureau of Mines or the Mine Safety tion in blasting circuits between the
and Health Administration and is blasting switch and the shot area.
maintained in permissible condition. Scaling means removal of insecure
Potable water means water which material from a face or highwall.
shall meet the applicable minimum Secondary safety connection means a
health requirements for drinking water second connection between a convey-
established by the State or community ance and rope, intended to prevent the
in which the mine is located or by the conveyance from running away or fall-
Environmental Protection Agency in 40 ing in the event the primary connec-
CFR part 141, pages 169–182 revised as of tion fails.
July 1, 1977. Where no such require- Shaft means a vertical or inclined
ments are applicable, the drinking shaft, a slope, incline or winze.
water provided shall conform with the Short circuit means an abnormal con-
Public Health Service Drinking Water nection of relatively low resistance,
Standards, 42 CFR part 72, subpart J, whether made accidentally or inten-
pages 527–533, revised as of October 1, tionally, between two points of dif-
1976. Publications to which references ferent potential in a circuit.
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.
293
§ 56.1000 30 CFR Ch. I (7–1–20 Edition)
Suitable means that which fits, and Travelway. A passage, walk, or way
has the qualities or qualifications to regularly used or designated for per-
meet a given purpose, occasion, condi- sons to go from one place to another.
tion, function, or circumstance. [51 FR 36197, Oct. 8, 1986, as amended at 69 FR
Travelway means a passage, walk or 38840, June 29, 2004]
way regularly used and designated for
persons to go from one place to an- MINING METHODS
other.
Water gel or Slurry (as applied to § 56.3130 Wall, bank, and slope sta-
blasting) means an explosive or blast- bility.
ing agent containing substantial por- Mining methods shall be used that
tions of water. will maintain wall, bank, and slope sta-
Wet drilling means the continuous ap- bility in places where persons work or
plication of water through the central travel in performing their assigned
hole of hollow drill steel to the bottom tasks. When benching is necessary, the
of the drill hole. width and height shall be based on the
Working place means any place in or type of equipment used for cleaning of
about a mine where work is being per- benches or for scaling of walls, banks,
formed. and slopes.
[69 FR 38837, June 29, 2004, as amended at 80 § 56.3131 Pit or quarry wall perimeter.
FR 52986, Sept. 2, 2015]
In places where persons work or trav-
PROCEDURES el in performing their assigned tasks,
loose or unconsolidated material shall
§ 56.1000 Notification of commence- be sloped to the angle of repose or
ment of operations and closing of stripped back for at least 10 feet from
mines. the top of the pit or quarry wall. Other
The owner, operator, or person in conditions at or near the perimeter of
charge of any metal and nonmetal the pit or quarry wall which create a
mine shall notify the nearest MSHA fall-of-material hazard to persons shall
Metal and Nonmetal Mine Safety and be corrected.
Health district office before starting SCALING AND SUPPORT
operations, of the approximate or ac-
tual date mine operation will com- § 56.3200 Correction of hazardous con-
mence. The notification shall include ditions.
the mine name, location, the company Ground conditions that create a haz-
name, mailing address, person in ard to persons shall be taken down or
charge, and whether operations will be supported before other work or travel
continuous or intermittent. is permitted in the affected area. Until
When any mine is closed, the person corrective work is completed, the area
in charge shall notify the nearest dis- shall be posted with a warning against
trict office as provided above and indi- entry and, when left unattended, a bar-
cate whether the closure is temporary rier shall be installed to impede unau-
or permanent. thorized entry.
[50 FR 4054, Jan. 29, 1985, as amended at 60
FR 33723, June 29, 1995; 60 FR 35695, July 11, § 56.3201 Location for performing scal-
1995; 71 FR 16667, Apr. 3, 2006] ing.
Scaling shall be performed from a lo-
Subpart B—Ground Control cation which will not expose persons to
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
otherwise noted. § 56.3202 Scaling tools.
Where manual scaling is performed, a
§ 56.3000 Definitions. scaling bar shall be provided. This bar
The following definitions apply in shall be of a length and design that will
this subpart. allow the removal of loose material
294
without exposing the person per- (2) The torque of the first bolt, every
forming this work to injury. tenth bolt, and the last bolt installed
in each work area during the shift shall
§ 56.3203 Rock fixtures. be accurately determined immediately
(a) For rock bolts and accessories ad- after installation. If the torque of any
dressed in ASTM F432–95, ‘‘Standard fixture tested does not fall within the
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 manufacturer’s 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 F432–95; 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 F432–95 may be used
fectiveness.
for ground support provided they—
(i) The mine operator shall certify
(1) Have been successful in sup-
porting the ground in an area with that tests were conducted and make
similar strata, opening dimensions and the certification available to an au-
ground stresses in any mine; or thorized representative of the Sec-
(2) Have been tested and shown to be retary.
effective in supporting ground in an [51 FR 36197, Oct. 8, 1986, as amended at 51 FR
area of the affected mine which has 36804, Oct. 16, 1986; 63 FR 20030, Apr. 22, 1998]
similar strata, opening dimensions, and
ground stresses as the area where the PRECAUTIONS
fixtures are expected to be used. Dur-
ing the test process, access to the test § 56.3400 Secondary breakage.
area shall be limited to persons nec- Prior to secondary breakage oper-
essary to conduct the test. ations, material to be broken, other
(c) Bearing plates shall be used with than hanging material, shall be posi-
fixtures when necessary for effective tioned or blocked to prevent movement
ground support. which would endanger persons in the
(d) The diameter of finishing bits work area. Secondary breakage shall
shall be within a tolerance of plus or be performed from a location which
minus 0.030 inch of the manufacturer’s would not expose persons to danger.
recommended hole diameter for the an-
chor used. When separate finishing bits § 56.3401 Examination of ground con-
are used, they shall be distinguishable ditions.
from other bits.
(e) Damaged or deteriorated car- Persons experienced in examining
tridges of grouting material shall not and testing for loose ground shall be
be used. designated by the mine operator. Ap-
(f) When rock bolts tensioned by propriate supervisors or other des-
torquing are used as a means of ground ignated persons shall examine and,
support, where applicable, test ground condi-
(1) Selected tension level shall be— tions in areas where work is to be per-
(i) At least 50 percent of either the formed prior to work commencing,
yield point of the bolt or anchorage ca- after blasting, and as ground condi-
pacity of the rock, whichever is less; tions warrant during the work shift.
and Highwalls and banks adjoining
(ii) No greater than the yield point of travelways shall be examined weekly
the bolt or anchorage capacity of the or more often if changing ground con-
rock. ditions warrant.
295
§ 56.3430 30 CFR Ch. I (7–1–20 Edition)
§ 56.3430 Activity between machinery ed where a fire or explosion hazard ex-

or equipment and the highwall or ists.
bank.
§ 56.4102 Spillage and leakage.
Persons shall not work or travel be-
tween machinery or equipment and the Flammable or combustible liquid
highwall or bank where the machinery spillage or leakage shall be removed in
or equipment may hinder escape from a timely manner or controlled to pre-
falls or slides of the highwall or bank. vent a fire hazard.
Travel is permitted when necessary for
persons to dismount. § 56.4103 Fueling internal combustion
engines.
Subpart C—Fire Prevention and Internal combustion engines shall be
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. 91–173, as
amended by Pub. L. 95–164, 91 Stat. 1291 (30 § 56.4104 Combustible waste.
U.S.C. 811).
(a) Waste materials, including liq-
§ 56.4000 Definitions. uids, shall not accumulate in quan-
tities that could create a fire hazard.
(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
five gallons capacity that is designed § 56.4130 Electric substations and liq-
to safely relieve internal pressure when uid storage facilities.
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
[50 FR 4054, Jan. 29, 1985, as amended at 68 be stored or allowed to accumulate
FR 32361, May 30, 2003; 69 FR 38840, June 29, within 25 feet of the following:
2004] (1) Electric substations.
(2) Unburied, flammable or combus-
§ 56.4011 Abandoned electric circuits. tible liquid storage tanks.
Abandoned electric circuits shall be (3) Any group of containers used for
deenergized and isolated so that they storage of more than 60 gallons of flam-
cannot become energized inadvert- mable or combustible liquids.
ently. (b) The area within the 25-foot perim-
eter shall be kept free of dry vegeta-
PROHIBITIONS/PRECAUTIONS/ tion.
HOUSEKEEPING
FIREFIGHTING EQUIPMENT
§ 56.4100 Smoking and use of open
flames. § 56.4200 General requirements.
No person shall smoke or use an open (a) For fighting fires that could en-
flame where flammable or combustible danger persons, each mine shall have—
liquids, including greases, or flam- (1) Onsite firefighting equipment for
mable gases are— fighting fires in their early stages; and
(a) Used or transported in a manner (2) Onsite firefighting equipment for
that could create a fire hazard; or fighting fires beyond their early stages,
(b) Stored or handled. or the mine shall have made prior ar-
rangements with a local fire depart-
§ 56.4101 Warning signs. ment to fight such fires.
Readily visible signs prohibiting (b) This onsite firefighting equip-

smoking and open flames shall be post- ment shall be—
296
(1) Of the type, size, and quantity hydrostatic testing shall be retained
that can extinguish fires of any class until the fire extinguisher is retested
which could occur as a result of the or permanently removed from service.
hazards present; and Other certifications shall be retained
(2) Strategically located, readily ac- for one year.
cessible, plainly marked, and main-
tained in fire-ready condition. TABLE C–1—HYDROSTATIC TEST INTERVALS
FOR FIRE EXTINGUISHERS
FR 20100, May 14, 1985] Test in-
Extinguisher type terval
§ 56.4201 Inspection. (years)
(a) Firefighting equipment shall be Soda Acid .............................................................. 5

inspected according to the following Cartridge-Operated Water and/or Antifreeze ........ 5
schedules: Stored-Pressure Water and/or Antifreeze ............. 5
Wetting Agent ........................................................ 5
(1) Fire extinguishers shall be in-
Foam ...................................................................... 5
spected visually at least once a month AFFF (Aqueous Film Forming Foam) ................... 5
to determine that they are fully Loaded Stream ...................................................... 5
charged and operable. Dry-Chemical with Stainless Steel Shells ............. 5
(2) At least once every twelve Carbon Dioxide ...................................................... 5
months, maintenance checks shall be Dry-Chemical, Stored Pressure, with Mild Steel
Shells, Brazed Brass Shells, or Aluminum
made of mechanical parts, the amount Shells ................................................................. 12
and condition of extinguishing agent Dry-Chemical, Cartridge or Cylinder Operated,
and expellant, and the condition of the with Mild Steel Shells ......................................... 12
hose, nozzle, and vessel to determine Bromotrifluoromethane—Halon 1301 .................... 12
that the fire extinguishers will operate Bromochlorodifluoromethane—Halon 1211 .......... 12
Dry-Powder, Cartridge or Cylinder-Operated, with
effectively. Mild Steel Shells 1 .............................................. 12
(3) Fire extinguishers shall be
1 Exceptfor stainless steel and steel used for compressed
hydrostatically tested according to gas cylinders, all other steel shells are defined as ‘‘mild steel’’
Table C–1 or a schedule based on the shells.
manufacturer’s specifications to deter-
mine the integrity of extinguishing § 56.4202 Fire hydrants.
agent vessels. If fire hydrants are part of the mine’s
(4) Water pipes, valves, outlets, hy- firefighting system, the hydrants shall
drants, and hoses that are part of the be provided with—
mine’s firefighting system shall be vis- (a) Uniform fittings or readily avail-
ually inspected at least once every able adapters for onsite firefighting
three months for damage or deteriora- equipment;
tion and use-tested at least once every (b) Readily available wrenches or
twelve months to determine that they keys to open the valves; and
remain functional.
(c) Readily available adapters capa-
(5) Fire suppression systems shall be
ble of connecting hydrant fittings to
inspected at least once every twelve
the hose equipment of any firefighting
months. An inspection schedule based
organization relied upon by the mine.
on the manufacturer’s specifications or
the equivalent shall be established for § 56.4203 Extinguisher recharging or
individual components of a system and replacement.
followed to determine that the system
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-
§ 56.4230 Self-propelled equipment.
tion of property and no persons would
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
297
§ 56.4330 30 CFR Ch. I (7–1–20 Edition)
of other persons in the area, a fire ex- Piping shall be provided with flexible
tinguisher shall be on the equipment or connections or other special fittings
within 100 feet of the equipment. where necessary to prevent leaks
(b) A fire suppression system may be caused by tanks settling.
used as an alternative to fire extin-
guishers if the system can be manually § 56.4402 Safety can use.
activated.
Small quantities of flammable liq-
(c) Fire extinguishers or fire suppres-
uids drawn from storage shall be kept
sion systems shall be of a type and size
that can extinguish fires of any class in in safety cans labeled to indicate the
their early stages which could origi- contents.
nate from the equipment’s inherent
§ 56.4430 Storage facilities.
fire hazards. Fire extinguishers or
manual actuators for the suppression (a) Storage tanks for flammable or
system shall be located to permit their combustible liquids shall be—
use by persons whose escape could be (1) Capable of withstanding working
impeded by fire. pressures and stresses and compatible
with the type of liquid stored;
FIREFIGHTING PROCEDURES/ALARMS/
DRILLS (2) Maintained in a manner that pre-
vents leakage;
§ 56.4330 Firefighting, evacuation, and (3) Isolated or separated from igni-
rescue procedures. tion sources to prevent fire or explo-
(a) Mine operators shall establish sion; and
emergency firefighting, evacuation, (4) Vented or otherwise constructed
and rescue procedures. These proce- 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 promptly 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.
§ 56.4331 Firefighting drills. (b) All piping, valves, and fittings
Emergency firefighting drills shall be shall be—
held at least once every six months for (1) Capable of withstanding working
persons assigned firefighting respon- pressures and stresses;
sibilities by the mine operator. (2) Compatible with the type of liquid
stored; and
FLAMMABLE AND COMBUSTIBLE LIQUIDS (3) Maintained in a manner that pre-
AND GASES vents leakage.
§ 56.4400 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
open flame or other ignition source, (1) Containment for the entire capac-
near any source of heat, or in an at- ity of the largest tank; or
mosphere that can elevate the tem- (2) Drainage of 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-
§ 56.4401 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.
298
INSTALLATION/CONSTRUCTION/ to prevent the accumulation of flam-

MAINTENANCE mable vapors.
(b) In addition, the buildings or
§ 56.4500 Heat sources. rooms shall be—
Heat sources capable of producing (1) Constructed to meet a fire resist-
combustion shall be separated from ance rating of at least one hour; or
combustible materials if a fire hazard (2) Equipped with an automatic fire
could be created. suppression system; or
(3) Equipped with an early warning
§ 56.4501 Fuel lines. 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 person’s 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-
ered in storage under this standard.
§ 56.4502 Battery-charging stations.
WELDING/CUTTING/COMPRESSED GASES
(a) Battery-charging stations shall be
ventilated with a sufficient volume of § 56.4600 Extinguishing equipment.
air to prevent the accumulation of hy- (a) When welding, cutting, soldering,
drogen gas. thawing, or bending—
(b) Smoking, use of open flames, or (1) With an electric arc or with an
other activities that could create an ig- open flame where an electrically con-
nition source shall be prohibited at the ductive extinguishing agent could cre-
battery charging station during bat- ate an electrical hazard, a multipur-
tery charging. pose dry-chemical fire extinguisher or
(c) Readily visible signs prohibiting other extinguisher with at least a 2–
smoking or open flames shall be posted A:10–B:C rating shall be at the work-
at battery-charging stations during site.
battery charging. (2) With an open flame in an area
where no electrical hazard exists, a
§ 56.4503 Conveyor belt slippage. 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 manufacturer’s
use instructions shall be taken so that
§ 56.4530 Exits. 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 person’s 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.
299
§ 56.4603 30 CFR Ch. I (7–1–20 Edition)
§ 56.4603 Closure of valves. MSHA National consensus standard

standard
To prevent accidental release of
gases from hoses and torches attached § 56.4203 .. NFPA No. 10—Portable Fire Extinguishers.
§ 56.4230 .. NFPA No. 10—Portable Fire Extinguishers.
to oxygen and acetylene cylinders or to NFPA No. 121—Mobile Surface Mining Equip-
manifold systems, cylinder or manifold ment.
system valves shall be closed when—
(a) The cylinders are moved;
(b) The torch and hoses are left unat- Subpart D—Air 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,
mable gases, or explosive solids, the on the basis of a time weighted aver-
pipelines or containers shall be— age, the threshold limit values adopted
(a) Drained, ventilated, and thor- by the American Conference of Govern-
oughly cleaned of any residue; mental Industrial Hygienists, as set
(b) Vented to prevent pressure build- forth and explained in the 1973 edition
up during the application of heat; and of the Conference’s publication, enti-
(c)(1) Filled with an inert gas or tled ‘‘TLV’s Threshold Limit Values
water, where compatible; or for Chemical Substances in Workroom
(2) Determined to be free of flam- Air Adopted by ACGIH for 1973,’’ pages
mable gases by a flammable gas detec- 1 through 54, which are hereby incor-
tion device prior to and at frequent in- porated by reference and made a part
tervals during the application of heat. hereof. This publication may be ob-
tained from the American Conference
APPENDIX I TO SUBPART C OF PART 56— of Governmental industrial Hygienists
NATIONAL CONSENSUS STANDARDS by writing to 1330 Kemper Meadow
Mine operators seeking further informa- Drive, Attn: Customer Service, Cin-
tion in the area of fire prevention and con- cinnati, OH 45240; http://www.acgih.org’’,
trol may consult the following national con- or may be examined in any Metal and
sensus standards. Nonmetal Mine Safety and Health Dis-
trict Office of the Mine Safety and
MSHA National consensus standard Health Administration. Excursions
standard
above the listed thresholds shall not be
§§ 56.4200, NFPA No. 10—Portable Fire Extinguisher.
56.4201.
of a greater magnitude than is charac-
NFPA No. 11—Low Expansion Foam and Com- terized as permissible by the Con-
bined Agent Systems. ference.
NFPA No. 11A—High Expansion Foam Sys- (b) Asbestos standard—(1) Definitions.
tems.
NFPA No. 12—Carbon Dioxide Extinguishing Asbestos is a generic term for a num-
Systems. ber of asbestiform hydrated silicates
NFPA No. 12A—Halon 1301 Extinguishing Sys- that, when crushed or processed, sepa-
tems.
NFPA No. 13—Water Sprinkler Systems. rate into flexible fibers made up of
NFPA No. 14—Standpipe and Hose Systems. fibrils.
NFPA No. 15—Water Spray Fixed Systems. Asbestos means chrysotile,
NFPA No. 16—Foam Water Spray Systems.
NFPA No. 17—Dry-Chemical Extinguishing cummingtonite-grunerite asbestos
Systems. (amosite), crocidolite, anthophylite as-
NFPA No. 121—Mobile Surface Mining Equip- bestos, tremolite asbestos, and actino-
ment.
NFPA No. 291—Testing and Marketing Hy-
lite asbestos.
drants. Asbestos fiber means a fiber of asbes-
NFPA No. 1962—Care, Use, and Maintenance tos that meets the criteria of a fiber.
of Fire Hose, Connections, and Nozzles. Fiber means a particle longer than 5
§ 56.4202 .. NFPA No. 14—Standpipe and Hose Systems.

NFPA No. 291—Testing and Marketing Hy- micrometers (μm) with a length-to-di-
drants. ameter ratio of at least 3-to-1.
300
(2) Permissible Exposure Limits have not been developed or when nec-
(PELs)—(i) Full-shift limit. A miner’s essary by the nature of work involved
personal exposure to asbestos shall not (for example, while establishing con-
exceed an 8-hour time-weighted aver- trols or occasional entry into haz-
age full-shift airborne concentration of ardous atmospheres to perform mainte-
0.1 fiber per cubic centimeter of air (f/ nance or investigation), employees
cc). may work for reasonable periods of
(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 minimum 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-
OSHA’s 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 Z88.2–1969,’’ 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
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.
301
§ 56.6000 30 CFR Ch. I (7–1–20 Edition)
(a) Carbon tetrachloride. used for lighting a series of safety fuses

(b) Phenol, in a desired sequence.
(c) 4-Nitrobiphenyl, Magazine. A bullet-resistant, theft-
(d) Alpha-naphthylamine, resistant, fire-resistant, weather-re-
(e) 4,4-Methylene Bis (2- sistant, ventilated facility for the stor-
chloroaniline), age of explosives and detonators (BATF
(f) Methyl-chloromethyl ether, Type 1 or Type 2 facility).
(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 E—Explosives 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
otherwise noted. Slurry. An explosive material con-
taining substantial portions of a liquid,
§ 56.6000 Definitions. oxidizers, and fuel, plus a thickener.
The following definitions apply in Water gel. An explosive material con-
this subpart. taining substantial portions of water,
Blasting agent. Any substance classi- oxidizers, and fuel, plus a cross-linking
fied as a blasting agent by the Depart- agent.
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; 85 FR 2027,
Safety and Health district office. Jan. 14, 2020]
Detonating cord. A flexible cord con-
taining a center core of high explosives STORAGE
which may be used to initiate other ex-
§ 56.6100 Separation of stored explo-
plosives. sive material.
Detonator. Any device containing a
detonating charge used to initiate an (a) Detonators shall not be stored in
explosive. These devices include elec- the same magazine with other explo-
tronic detonators, electric or nonelec- sive material.
tric instantaneous or delay blasting (b) When stored in the same maga-
caps, and delay connectors. The term zine, blasting agents shall be separated
‘‘detonator’’ does not include deto- from explosives, safety fuse, and deto-
nating cord. Detonators may be either nating cord to prevent contamination.
‘‘Class A’’ detonators or ‘‘Class C’’ det-
onators, as classified by the Depart- § 56.6101 Areas around explosive mate-
ment of Transportation in 49 CFR rial storage facilities.
173.53 and 173.100, which is available at (a) Areas surrounding storage facili-
any MSHA Metal and Nonmetal Safety ties for explosive material shall be
and Health district office. clear of rubbish, brush, dry grass, and
Flash point. The minimum tempera- trees for 25 feet in all directions, except
ture at which sufficient vapor is re- that live trees 10 feet or taller need not
leased by a liquid to form a flammable be removed.
vapor-air mixture near the surface of (b) Other combustibles shall not be
the liquid. stored or allowed to accumulate within
Igniter cord. A fuse that burns pro- 50 feet of explosive material. Combus-
gressively along its length with an ex- tible liquids shall be stored in a man-
ternal flame at the zone of burning, ner that ensures drainage will occur
302
away from the explosive material stor- (2) Detached structures located out-
age facility in case of tank rupture. side the blast area and a sufficient dis-
tance from powerlines so that the
§ 56.6102 Explosive material storage powerlines, if damaged, would not con-
practices. tact the magazines.
(a) Explosive material shall be— (b) Operators should also be aware of
(1) Stored in a manner to facilitate regulations affecting storage facilities
use of oldest stocks first; in 27 CFR part 55, in particular, 27 CFR
(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.
303
§ 56.6133 30 CFR Ch. I (7–1–20 Edition)
§ 56.6133 Powder chests. TRANSPORTATION

(a) Powder chests (day boxes) shall § 56.6200 Delivery to storage or blast
be— site areas.
(1) Structurally sound, weather-re-
sistant, equipped with a lid or cover, Explosive material shall be trans-
and with only nonsparking material on ported without undue delay to the stor-
the inside; age area or blast site.
(2) Posted with the appropriate
United States Department of Transpor- § 56.6201 Separation of transported ex-
plosive material.
tation placards or other appropriate
warning signs that indicate the con- Detonators shall not be transported
tents and are visible from each ap- on the same vehicle or conveyance
proach; with other explosives except as follows:
(3) Located out of the blast area once (a) Detonators in quantities of more
loading has been completed; than 1000 may be transported in a vehi-
(4) Locked or attended when con- cle or conveyance with explosives or
taining explosive material; and blasting agents provided the deto-
(5) Emptied at the end of each shift nators are—
with the contents returned to a maga- (1) Maintained in the original pack-
zine or other storage facility, or at- aging as shipped from the manufac-
tended. turer; and
(b) Detonators shall be kept in chests (2) Separated from explosives or
separate from explosives or blasting
blasting agents by 4 inches of hardwood
agents, unless separated by 4 inches of
or equivalent, or a laminated partition.
hardwood or equivalent, or a laminated
The hardwood or equivalent shall be
partition. When a laminated partition
is used, operators must follow the pro- fastened to the vehicle or conveyance.
visions of the Institute of Makers of When a laminated partition is used, op-
Explosives (IME) Safety Library Publi- erators must follow the provisions of
cation No. 22, ‘‘Recommendations for the Institute of Makers of Explosives
the Safe Transportation of Detonators (IME) Safety Library Publication
in a Vehicle with Other Explosive Ma- No.22, ‘‘Recommendations for the Safe
terials’’ (May 1993), and the ‘‘Generic Transportation of Detonators in a Ve-
Loading Guide for the IME–22 Con- hicle with Other Explosive Materials’’
tainer’’ (October 1993). The IME is lo- (May 1993), and the ‘‘Generic Loading
cated at 1120 19th Street NW., Suite 310, Guide for the IME–22 Container’’ (Octo-
Washington, DC 20036–3605; 202–429–9280; ber 1993). The IME is located at 1120
https://www.ime.org. This incorporation 19th Street NW., Suite 310, Washington,
by reference has been approved by the DC 20036–3605; 202–429–9280; https://
Director of the Federal Register in ac- www.ime.org. This incorporation by ref-
cordance with 5 U.S.C. 552(a) and 1 CFR erence has been approved by the Direc-
part 51. Copies are available at MSHA’s tor of the Federal Register in accord-
Office of Standards, Regulations, and ance with 5 U.S.C. 552(a) and 1 CFR
Variances, 201 12th Street South, Ar- part 51. Copies are available at MSHA’s
lington, VA 22202–5452; 202–693–9440; and Office of Standards, Regulations, and
at all Metal and Nonmetal Mine Safety Variances, 201 12th Street South, Ar-
and Health District Offices, or avail-
lington, VA 22202–5452; 202–693–9440; and
able for inspection at the National Ar-
at all Metal and Nonmetal Mine Safety
chives and Records Administration
(NARA). For information on the avail- and Health District Offices, or avail-
ability of this material at NARA, call able for inspection at the National Ar-
202–741–6030, or go to: http:// chives and Records Administration
www.archives.gov/federallregister/ (NARA). For information on the avail-
codeloflfederallregulations/ ability of this material at NARA, call
ibrllocations.html. 202–741–6030, or go to: http://
www.archives.gov/federallregister/

codeloflfederallregulations/
FR 38385, June 4, 2002; 80 FR 52987, Sept. 2,
2015] ibrllocations.html.
304
(b) Detonators in quantities of 1000 or (4) Equipped with at least two multi-
fewer may be transported with explo- purpose dry-chemical fire extin-
sives or blasting agents provided the guishers or one such extinguisher and
detonators are— an automatic fire suppression system;
(1) Kept in closed containers; and (5) Posted with warning signs that in-
(2) Separated from explosives or dicate the contents and are visible
blasting agents by 4 inches of hardwood from each approach;
or equivalent, or a laminated partition. (6) Occupied only by persons nec-
The hardwood or equivalent shall be essary for handling the explosive mate-
fastened to the vehicle or conveyance. rial;
When a laminated partition is used, op- (7) Attended or the cargo compart-
erators must follow the provisions of ment locked, except when parked at
IME Safety Library Publication No. 22, the blast site and loading is in
‘‘Recommendations for the Safe Trans- progress; and
portation of Detonators in a Vehicle (8) Secured while parked by having—
with Other Explosive Materials’’ (May (i) The brakes set;
1993), and the ‘‘Generic Loading Guide (ii) The wheels chocked if movement
for the IME–22 Container’’ (October could occur; and
1993). The IME is located at 1120 19th (iii) The engine shut off unless
Street NW., Suite 310, Washington, DC powering a device being used in the
20036–3605; 202–429–9280; https:// loading operation.
www.ime.org. This incorporation by ref- (b) Vehicles containing explosives
erence has been approved by the Direc- shall have—
tor of the Federal Register in accord- (1) No sparking material exposed in
ance with 5 U.S.C. 552(a) and 1 CFR the cargo space; and
part 51. Copies are available at MSHA’s (2) Only properly secured non-
Office of Standards, Regulations, and sparking equipment in the cargo space
Variances, 201 12th Street South, Ar- with the explosives.
lington, VA 22202–5452; 202–693–9440; and (c) Vehicles used for dispensing bulk
at all Metal and Nonmetal Mine Safety explosive material shall—
and Health District Offices, or avail- (1) Have no zinc or copper exposed in
able for inspection at the National Ar- the cargo space; and
chives and Records Administration (2) Provide any enclosed screw-type
(NARA). For information on the avail- conveyors with protection against in-
ability of this material at NARA, call ternal pressure and frictional heat.
202–741–6030, or go to: http:// § 56.6203 Locomotives.
www.archives.gov/federallregister/
codeloflfederallregulations/ Explosive material shall not be
ibrllocations.html. transported on a locomotive. When ex-
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; 80 FR 52987, Sept. 2, lated cars shall be used.
2015]
§ 56.6204 Hoists.
§ 56.6202 Vehicles.
(a) Before explosive material is
(a) Vehicles containing explosive ma- transported in hoist conveyances, the
terial shall be— hoist operator shall be notified.
(1) Maintained in good condition and (b) Explosive material transported in
shall comply with the requirements of hoist conveyances shall be placed with-
subpart M of this part; in a container which prevents shifting
(2) Equipped with sides and enclo- of the cargo that could cause detona-
sures higher than the explosive mate- tion of the container by impact or by
rial being transported or have the ex- sparks. The manufacturer’s container
plosive material secured to a non- may be used if secured to a nonconduc-
conductive pallet; tive pallet. When explosives are trans-
(3) Equipped with a cargo space that ported, they shall be secured so as not
shall contain the explosive material to contact any sparking material.
(passenger areas shall not be consid- (c) No explosive material shall be

ered cargo space); transported during a mantrip.
305
§ 56.6205 30 CFR Ch. I (7–1–20 Edition)
§ 56.6205 Conveying explosives by water gel, or emulsions are not consid-

hand. ered rigid cartridges and may be drop
Closed, nonconductive containers loaded.
shall be used to carry explosives and
§ 56.6305 Unused explosive material.
detonators to and from blast sites. Sep-
arate containers shall be used for ex- Unused explosive material shall be
plosives and detonators. moved to a protected location as soon
as practical after loading operations
USE are completed.
§ 56.6300 Control of blasting oper- § 56.6306 Loading, blasting, and secu-
ations. rity.
(a) Only persons trained and experi- (a) When explosive materials or initi-
enced in the handling and use of explo- ating systems are brought to the blast
sive material shall direct blasting op- site, the blast site shall be attended;
erations and related activities. barricaded and posted with warning
(b) Trainees and inexperienced per- signs, such as ‘‘Danger,’’ ‘‘Explosives,’’
sons shall work only in the immediate or ‘‘Keep Out;’’ or flagged against un-
presence of persons trained and experi- authorized entry.
enced in the handling and use of explo- (b) Vehicles and equipment shall not
sive material. be driven over explosive material or
initiating systems in a manner which
§ 56.6301 Blasthole obstruction check. could contact the material or systems,
Before loading, blastholes shall be or create other hazards.
checked and, wherever possible, cleared (c) Once loading begins, the only ac-
of obstructions. tivities permitted within the blast site
shall be those activities directly re-
§ 56.6302 Separation of explosive mate- lated to the blasting operation and the
rial. activities of surveying, stemming,
Explosives and blasting agents shall sampling of geology, and reopening of
be kept separated from detonators holes, provided that reasonable care is
until loading begins. exercised. Haulage activity is per-
mitted near the base of a highwall
§ 56.6303 Initiation preparation. being loaded or awaiting firing, pro-
(a) Primers shall be made up only at vided no other haulage access exists.
the time of use and as close to the (d) Loading and blasting shall be con-
blast site as conditions allow. ducted in a manner designed to facili-
(b) Primers shall be prepared with tate a continuous process, with the
the detonator contained securely and blast fired as soon as possible following
completely within the explosive or con- the completion of loading. If blasting a
tained securely and appropriately for loaded round may be delayed for more
its design in the tunnel or cap well. than 72 hours, the operator shall notify
(c) When using detonating cord to the appropriate MSHA district office.
initiate another explosive, a connec- (e) In electric blasting prior to con-
tion shall be prepared with the deto- necting to the power source, and in
nating cord threaded through, attached nonelectric blasting prior to attaching
securely to, or otherwise in contact an initiating device, all persons shall
with the explosive. leave the blast area except persons in a
blasting shelter or other location that
§ 56.6304 Primer protection. protects them from concussion (shock
(a) Tamping shall not be done di- wave), flying material, and gases.
rectly on a primer. (f) Before firing a blast—
(b) Rigid cartridges of explosives or (1) Ample warning shall be given to
blasting agents that are 4 inches (100 allow all persons to be evacuated;
millimeters) in diameter or larger shall (2) Clear exit routes shall be provided
not be dropped on the primer except for persons firing the round; and
where the blasthole contains sufficient (3) All access routes to the blast area
depth of water to protect the primer shall be guarded or barricaded to pre-

from impact. Slit packages of prill, vent the passage of persons or vehicles.
306
(g) Work shall not resume in the with a warning sign at a conspicuous
blast area until a post-blast examina- location to prohibit entry, and the con-
tion addressing potential blast-related dition shall be reported immediately to
hazards has been conducted by a person mine management.
with the ability and experience to per- (d) Misfires occurring during the
form the examination. shift shall be reported to mine manage-
ment not later than the end of the
§ 56.6307 Drill stem loading. shift.
Explosive material shall not be load-
ed into blastholes with drill stem § 56.6312 Secondary blasting.
equipment or other devices that could Secondary blasts fired at the same
be extracted while containing explosive time in the same work area shall be
material. The use of loading hose, col- initiated from one source.
lar sleeves, or collar pipes is permitted.
ELECTRIC BLASTING
§ 56.6308 Initiation systems.
Initiation systems shall be used in § 56.6400 Compatibility of electric det-
accordance with the manufacturer’s in- onators.
structions. All electric detonators to be fired in
a round shall be from the same manu-
§ 56.6309 Fuel oil requirements for
ANFO. facturer and shall have similar elec-
trical firing characteristics.
(a) Liquid hydrocarbon fuels with
flash points lower than that of No. 2 § 56.6401 Shunting.
diesel oil (125 °F) shall not be used to
Except during testing—
prepare ammonium nitrate-fuel oil, ex-
cept that diesel fuels with flash points (a) Electric detonators shall be kept
no lower than 100 °F may be used at shunted until connected to the blasting
ambient air temperatures below 45 °F. line or wired into a blasting round;
(b) Waste oil, including crankcase (b) Wired rounds shall be kept shunt-
oil, shall not be used to prepare ammo- ed until connected to the blasting line;
nium nitrate-fuel oil. and
(c) Blasting lines shall be kept shunt-
§ 56.6310 Misfire waiting period. ed until immediately before blasting.
When a misfire is suspected, persons
§ 56.6402 Deenergized circuits near
shall not enter the blast area— detonators.
(a) For 30 minutes if safety fuse and
blasting caps are used; Electrical distribution circuits with-
(b) For 15 minutes if any other type in 50 feet of electric detonators at the
detonators are used; or blast site shall be deenergized. Such
(c) For 30 minutes if electronic deto- circuits need not be deenergized be-
nators are used, or for the manufac- tween 25 to 50 feet of the electric deto-
turer-recommended time, whichever is nators if stray current tests, conducted
longer. as frequently as necessary, indicate a
maximum stray current of less than
FR 2027, Jan. 14, 2020] 0.05 amperes through a 1-ohm resistor
as measured at the blast site.
§ 56.6311 Handling of misfires.
§ 56.6403 Branch circuits.
(a) Faces and muck piles shall be ex-
amined for misfires after each blasting (a) If electric blasting includes the
operation. use of branch circuits, each branch
(b) Only work necessary to remove a shall be equipped with a safety switch
misfire and protect the safety of min- or equivalent method to isolate the cir-
ers engaged in the removal shall be cuits to be used.
permitted in the affected area until the (b) At least one safety switch or
misfire is disposed of in a safe manner. equivalent method of protection shall
(c) When a misfire cannot be disposed be located outside the blast area and
of safely, each approach to the area af- shall be in the open position until per-
fected by the misfire shall be posted sons are withdrawn.
307
§ 56.6404 30 CFR Ch. I (7–1–20 Edition)
§ 56.6404 Separation of blasting cir- (d) Total blasting circuit resistance

cuits from power source. prior to connection to the power
source.
(a) Switches used to connect the
power source to a blasting circuit shall [61 FR 36795, July 12, 1996, as amended at 85
be locked in the open position except FR 2027, Jan. 14, 2020]
when closed to fire the blast.
NONELECTRIC BLASTING
(b) Lead wires shall not be connected
to the blasting switch until the shot is § 56.6500 Damaged initiating material.
ready to be fired. A visual check of the completed cir-
cuit shall be made to ensure that the
§ 56.6405 Firing devices.
components are properly aligned and
(a) Power sources shall be capable of connected. Safety fuse, igniter cord,
delivering sufficient current to ener- detonating cord, shock or gas tubing,
gize all electric detonators to be fired and similar material which is kinked,
with the type of circuits used. Storage bent sharply, or damaged shall not be
or dry cell batteries are not permitted used.
as power sources.
§ 56.6501 Nonelectric initiation sys-
(b) Blasting machines shall be tested, tems.
repaired, and maintained in accordance
with manufacturer’s instructions. (a) When the nonelectric initiation
system uses shock tube—
(c) Only the blaster shall have the
(1) Connections with other initiation
key or other control to an electrical
devices shall be secured in a manner
firing device.
which provides for uninterrupted prop-
§ 56.6406 Duration of current flow. agation;
(2) Factory-made units shall be used
If any part of a blast is connected in as assembled and shall not be cut ex-
parallel and is to be initiated from cept that a single splice is permitted
powerlines or lighting circuits, the on the lead-in trunkline during dry
time of current flow shall be limited to conditions; and
a maximum of 25 milliseconds. This (3) Connections between blastholes
can be accomplished by incorporating shall not be made until immediately
an arcing control device in the blasting prior to clearing the blast site when
circuit or by interrupting the circuit surface delay detonators are used.
with an explosive device attached to (b) When the nonelectric initiation
one or both lead lines and initiated by system uses detonating cord—
a 25-millisecond delay electric deto- (1) The line of detonating cord ex-
nator. tending out of a blasthole shall be cut
from the supply spool immediately
§ 56.6407 Circuit testing. after the attached explosive is cor-
rectly positioned in the hole;
A blasting galvanometer or other in- (2) In multiple row blasts, the trunk-
strument designed for testing blasting line layout shall be designed so that
circuits shall be used to test each of the detonation can reach each
the following: blasthole from at least two directions;
(a) Continuity of each electric or (3) Connections shall be tight and
electronic detonator in the blasthole kept at right angles to the trunkline;
prior to stemming and connection to (4) Detonators shall be attached se-
the blasting line. curely to the side of the detonating
(b) Resistance of individual series or cord and pointed in the direction in
the resistance of multiple balanced se- which detonation is to proceed;
ries to be connected in parallel prior to (5) Connections between blastholes
their connection to the blasting line. shall not be made until immediately
(c) Continuity of blasting lines prior prior to clearing the blast site when
to the connection of electric or elec- surface delay detonators are used; and
(6) Lead-in lines shall be manually
tronic detonator series.

unreeled if connected to the trunklines
at the blast site.
308
(c) When the nonelectric initiation EXTRANEOUS ELECTRICITY

system uses gas tube, continuity of the
circuit shall be tested prior to blasting. § 56.6600 Loading practices.
If extraneous electricity is suspected
§ 56.6502 Safety fuse. in an area where electric detonators
(a) The burning rate of each spool of are used, loading shall be suspended
safety fuse to be used shall be meas- until tests determine that stray cur-
ured, posted in locations which will be rent does not exceed 0.05 amperes
conspicuous to safety fuse users, and through a 1-ohm resister when meas-
brought to the attention of all persons ured at the location of the electric det-
involved with the blasting operation. onators. If greater levels of extraneous
(b) When firing with safety fuse ig- electricity are found, the source shall
nited individually using handheld be determined and no loading shall
take place until the condition is cor-
lighters, the safety fuse shall be of
rected.
lengths which provide at least the min-
imum burning time for a particular § 56.6601 Grounding.
size round, as specified in the following
table: Electric blasting circuits, including
powerline sources when used, shall not
TABLE E–1—SAFETY FUSE—MINIMUM BURNING be grounded.
TIME
§ 56.6602 Static electricity dissipation
Minimum during loading.
Number of holes in a round burning time
When explosive material is loaded
1 ......................................................... 2 min. 1 pneumatically into a blasthole in a
2–5 ..................................................... 2 min. 40 sec. manner that generates a static elec-
6–10 ................................................... 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-
foot safety fuse would have to be used to allow sufficient time and any hazard shall be eliminated be-
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 electricity; and
after the primer and the explosive ma- (e) Plastic tubes shall not be used as
terial are securely in place. hole liners if the hole contains an elec-
(g) Safety fuse shall be ignited only tric detonator.
with devices designed for that purpose.
Carbide lights, liquefied petroleum gas § 56.6603 Air gap.
torches, and cigarette lighters shall At least a 15-foot air gap shall be pro-
not be used to light safety fuse. vided between the blasting circuit and
(h) At least two persons shall be the electric power source.
present when lighting safety fuse, and
no one shall light more than 15 indi- § 56.6604 Precautions during storms.
vidual fuses. If more than 15 holes per During the approach and progress of
person are to be fired, electric initi- an electrical storm, blasting operations
ation systems, igniter cord and connec- shall be suspended and persons with-
tors, or other nonelectric initiation drawn from the blast area or to a safe
systems shall be used. location.
309
§ 56.6605 30 CFR Ch. I (7–1–20 Edition)
§ 56.6605 Isolation of blasting circuits. shall be insulated and kept in good re-
Lead wires and blasting lines shall be pair.
isolated and insulated from power con- GENERAL REQUIREMENTS
ductors, pipelines, and railroad tracks,
and shall be protected from sources of § 56.6900 Damaged or deteriorated ex-
stray or static electricity. Blasting cir- plosive material.
cuits shall be protected from any con-
Damaged or deteriorated explosive
tact between firing lines and overhead
material shall be disposed of in a safe
powerlines which could result from the
manner in accordance with the instruc-
force of a blast.
tions of the manufacturer.
EQUIPMENT/TOOLS
§ 56.6901 Black powder.
§ 56.6700 Nonsparking tools. (a) Black powder shall be used for
Only nonsparking tools shall be used blasting only when a desired result
to open containers of explosive mate- cannot be obtained with another type
rial or to punch holes in explosive car- of explosive, such as in quarrying cer-
tridges. tain types of dimension stone.
(b) Containers of black powder shall
§ 56.6701 Tamping and loading pole re- be—
quirements. (1) Nonsparking;
Tamping and loading poles shall be of (2) Kept in a totally enclosed cargo
wood or other nonconductive, non- space while being transported by a ve-
sparking material. Couplings for poles hicle;
shall be nonsparking. (3) Securely closed at all times
when—
MAINTENANCE (i) Within 50 feet of any magazine or
open flame;
§ 56.6800 Storage facilities.
(ii) Within any building in which a
When repair work which could fuel-fired or exposed-element electric
produce a spark or flame is to be per- heater is operating; or
formed on a storage facility— (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
section.
§ 56.6801 Vehicle repair.
(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 1⁄2-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.
310
§ 56.6902 Excessive temperatures. § 56.7003 Drill area inspection.

(a) Where heat could cause premature The drilling area shall be inspected
detonation, explosive material shall for hazards before starting the drilling
not be loaded into hot areas, such as operations.
kilns or sprung holes.
(b) When blasting sulfide ores where § 56.7004 Drill mast.
hot holes occur that may react with Persons shall not be on a mast while
explosive material in blastholes, opera- the drill-bit is in operation unless they
tors shall— are provided with a safe platform from
(1) Measure an appropriate number of which to work and they are required to
blasthole temperatures in order to as- use safety belts to avoid falling.
sess the specific mine conditions prior
to the introduction of explosive mate- § 56.7005 Augers and drill stems.
rial; Drill crews and others shall stay
(2) Limit the time between the com- clear of augers or drill stems that are
pletion of loading and the initiation of in motion. Persons shall not pass under
the blast to no more than 12 hours; and or step over a moving stem or auger.
(3) Take other special precautions to
§ 56.7008 Moving the drill.
address the specific conditions at the
mine to prevent premature detonation. When a drill is being moved from one
drilling area to another, drill steel,
§ 56.6903 Burning explosive material. tools, and other equipment shall be se-
If explosive material is suspected of cured and the mast placed in a safe po-
burning at the blast site, persons shall sition.
be evacuated from the endangered area § 56.7009 Drill helpers.
and shall not return for at least one
hour after the burning or suspected If a drill helper assists the drill oper-
burning has stopped. ator during movement of a drill to a
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 F—Drilling 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.
311
§ 56.7050 30 CFR Ch. I (7–1–20 Edition)
§ 56.7050 Tool and drill steel racks. § 56.7803 Lighting the burner.
Receptacles or racks shall be pro- A suitable means of protection shall
vided for drill steel and tools stored or be provided for the employee when
carried on drills. lighting the burner.
§ 56.7051 Loose objects on the mast or § 56.7804 Refueling.

drill platform.
When rotary jet piercing equipment
To prevent injury to personnel, tools requires refueling at locations other
and other objects shall not be left loose than fueling stations, a system for
on the mast or drill platform. fueling without spillage shall be pro-
vided.
§ 56.7052 Drilling positions.
Persons shall not drill from— § 56.7805 Smoking and open flames.
(a) Positions which hinder their ac- Persons shall not smoke and open
cess to the control levers; flames shall not be used in the vicinity
(b) Insecure footing or insecure stag- of the oxygen storage and supply lines.
ing; or Signs warning against smoking and
(c) Atop equipment not suitable for open flames shall be posted in these
drilling. areas.
§ 56.7053 Moving hand-held drills. § 56.7806 Oxygen intake coupling.
Before hand-held drills are moved The oxygen intake coupling on jet-
from one working area to another, air piercing drills shall be constructed so
shall be turned off and bled from the that only the oxygen hose can be cou-
hose. pled to it.
§ 56.7055 Intersecting holes. § 56.7807 Flushing the combustion
Holes shall not be drilled where there chamber.
is a danger of intersecting a misfired The combustion chamber of a jet
hole or a hole containing explosives drill stem which has been sitting
blasting agents, or detonators. unoperated in a drill hole shall be
[56 FR 46508, Sept. 12, 1991] flushed with a suitable solvent after
the stem is pulled up.
§ 56.7056 Collaring in bootlegs.
Holes shall not be collared in boot- Subpart G [Reserved]
legs.
[56 FR 46508, Sept. 12, 1991] Subpart H—Loading, Hauling, and
Dumping
ROTARY JET PIERCING
SOURCE: 53 FR 32520, Aug. 25, 1988, unless
§ 56.7801 Jet drills. otherwise noted.
Jet piercing drills shall be provided
with— TRAFFIC SAFETY
(a) A system to pressurize the equip-
§ 56.9100 Traffic control.
ment operator’s cab, when a cab is pro-
vided; and To provide for the safe movement of
(b) A protective cover over the oxy- self-propelled mobile equipment—
gen flow indicator. (a) Rules governing speed, right-of-
way, direction of movement, and the
§ 56.7802 Oxygen hose lines. use of headlights to assure appropriate
Safety chains or other suitable lock- visibility, shall be established and fol-
ing devices shall be provided across lowed at each mine; and
connections to and between high pres- (b) Signs or signals that warn of haz-
sure oxygen hose lines of 1-inch inside ardous conditions shall be placed at ap-
diameter or larger. propriate locations at each mine.
312
§ 56.9101 Operating speeds and control tions on trains that expose persons to
of equipment. hazards from train movement.
Operators of self-propelled mobile (1) This paragraph does not apply to
equipment shall maintain control of car droppers if they are secured with
the equipment while it is in motion. safety belts and lines which prevent
Operating speeds shall be consistent them from falling off the work plat-
with conditions of roadways, tracks, form.
grades, clearance, visibility, and traf- (2) Brakemen and trainmen are pro-
fic, and the type of equipment used. hibited from riding between cars of
moving trains, but may ride on the
§ 56.9102 Movement of independently leading end of trains or other locations
operating rail equipment. when necessary to perform their du-
Movement of two or more pieces of ties;
rail equipment operating independ- (f) To and from work areas in over-
ently on the same track shall be con- crowded mobile equipment;
trolled for safe operation. (g) In mobile equipment with mate-
rials or equipment unless the items are
§ 56.9103 Clearance on adjacent tracks. secured or are small and can be carried
safely by hand without creating a haz-
Railcars shall not be left on side ard to persons; or
tracks unless clearance is provided for (h) On conveyors unless the con-
traffic on adjacent tracks. veyors are designed to provide for their
§ 56.9104 Railroad crossings. safe transportation.
Designated railroad crossings shall § 56.9201 Loading, hauling, and un-
be posted with warning signs or sig- loading of equipment or supplies.
nals, or shall be guarded when trains Equipment and supplies shall be load-
are passing. These crossings shall also ed, transported, and unloaded in a
be planked or filled between the rails. manner which does not create a hazard
to persons from falling or shifting
TRANSPORTATION OF PERSONS AND
equipment or supplies.
MATERIALS
§ 56.9202 Loading and hauling large
§ 56.9200 Transporting persons. rocks.
Persons shall not be transported— Large rocks shall be broken before
(a) In or on dippers, forks, clam- loading if they could endanger persons
shells, or buckets except shaft buckets or affect the stability of mobile equip-
during shaft-sinking operations or dur- ment. Mobile equipment used for haul-
ing inspection, maintenance and repair age of mined material shall be loaded
of shafts. to minimize spillage where a hazard to
(b) In beds of mobile equipment or persons could be created.
railcars, unless—
(1) Provisions are made for secure SAFETY DEVICES, PROVISIONS, AND PRO-
travel, and CEDURES FOR ROADWAYS, RAILROADS,
(2) Means are taken to prevent acci- AND LOADING AND DUMPING SITES
dental unloading if the equipment is
provided with unloading devices; § 56.9300 Berms or guardrails.
(c) On top of loads in mobile equip- (a) Berms or guardrails shall be pro-
ment; vided and maintained on the banks of
(d) Outside cabs, equipment opera- roadways where a drop-off exists of suf-
tors’ stations, and beds of mobile ficient grade or depth to cause a vehi-
equipment, except when necessary for cle to overturn or endanger persons in
maintenance, testing, or training pur- equipment.
poses, and provisions are made for se- (b) Berms or guardrails shall be at
cure travel. This provision does not least mid-axle height of the largest
apply to rail equipment. self-propelled mobile equipment which
(e) Between cars of trains, on the usually travels the roadway.
leading end of trains, on the leading (c) Berms may have openings to the
end of a single railcar, or in other loca- extent necessary for roadway drainage.
313
§ 56.9301 30 CFR Ch. I (7–1–20 Edition)
(d) Where elevated roadways are in- safely accommodate the mobile equip-
frequently traveled and used only by ment using the facilities.
service or maintenance vehicles, berms
or guardrails are not required when all § 56.9304 Unstable ground.
of the following are met: (a) Dumping locations shall be vis-
(1) Locked gates are installed at the ually inspected prior to work com-
entrance points to the roadway. mencing and as ground conditions war-
(2) Signs are posted warning that the rant.
roadway is not bermed. (b) Where there is evidence that the
(3) Delineators are installed along ground at a dumping location may fail
the perimeter of the elevated roadway to support the mobile equipment, loads
so that, for both directions of travel, shall be dumped a safe distance back
the reflective surfaces of at least three from the edge of the unstable area of
delineators along each elevated shoul- the bank.
der are always visible to the driver and
spaced at intervals sufficient to indi- § 56.9305 Truck spotters.
cate the edges and attitude of the road-
way. (a) If truck spotters are used, they
(4) A maximum speed limit is posted shall be in the clear while trucks are
and observed for the elevated unbermed backing into dumping position or
portions of the roadway. Factors to dumping.
consider when establishing the max- (b) Spotters shall use signal lights to
imum speed limit shall include the direct trucks where visibility is lim-
width, slope and alignment of the road, ited.
the type of equipment using the road, (c) When a truck operator cannot
the road material, and any hazardous clearly recognize the spotter’s signals,
conditions which may exist. the truck shall be stopped.
(5) Road surface traction is not im-
§ 56.9306 Warning devices for re-
paired by weather conditions, such as stricted clearances.
sleet and snow, unless corrective meas-
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
§ 56.9302 Protection against moving or and type of haulage used.
runaway railroad equipment.
§ 56.9308 Switch throws.
Stopblocks, derail devices, or other
devices that protect against moving or Switch throws shall be installed to
runaway rail equipment shall be in- provide clearance to protect switchmen
stalled wherever necessary to protect from contact with moving trains.
persons.
§ 56.9309 Chute design.
§ 56.9303 Construction of ramps and Chute-loading installations shall be
dumping facilities. designed to provide a safe location for
Ramps and dumping facilities shall persons pulling chutes.
be designed and constructed of mate-
rials capable of supporting the loads to § 56.9310 Chute hazards.
which they will be subjected. The (a) Prior to chute-pulling, persons
ramps and dumping facilities shall pro- who could be affected by the draw or
vide width, clearance, and headroom to otherwise exposed to danger shall be
314
warned and given time to clear the haz- does not apply to trainmen, brakemen,
ardous area. and car droppers who are required to
(b) Persons attempting to free chute get on or off slowly moving trains in
hangups shall be experienced and fa- the performance of their work duties.
miliar with the task, know the hazards
involved, and use the proper tools to § 56.9319 Going over, under, or be-
free material. tween railcars.
(c) When broken rock or material is Persons shall not go over, under, or
dumped into an empty chute, the chute between railcars unless:
shall be equipped with a guard or all (a) The train is stopped; and
persons shall be isolated from the haz- (b) The train operator, when present,
ard of flying rock or material. is notified and the notice acknowl-
§ 56.9311 Anchoring stationary sizing edged.
devices.
§ 56.9330 Clearance for surface equip-
Grizzlies and other stationary sizing ment.
devices shall be securely anchored.
Continuous clearance of at least 30
§ 56.9312 Working around drawholes. inches from the farthest projection of
moving railroad equipment shall be
Unless platforms or safety lines are
provided on at least one side of the
used, persons shall not position them-
tracks at all locations where possible
selves over drawholes if there is danger
or the area shall be marked conspicu-
that broken rock or material may be
ously.
withdrawn or bridged.
§ 56.9313 Roadway maintenance. Subpart I—Aerial 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
shall notify the equipment operator be- Positive-action-type brakes and de-
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.
315
§ 56.10007 30 CFR Ch. I (7–1–20 Edition)
§ 56.10007 Falling object protection. § 56.11005 Fixed ladder anchorage and

toe clearance.
Guard nets or other suitable protec-
tion shall be provided where tramways Fixed ladders shall be anchored se-
pass over roadways, walkways, or curely and installed to provide at least
buildings. 3 inches of toe clearance.
§ 56.10008 Riding tramways. § 56.11006 Fixed ladder landings.

Persons other than maintenance per- Fixed ladders shall project at least 3
sons shall not ride aerial tramways un- feet above landings, or substantial
less the following features are pro- handholds shall be provided above the
vided: landings.
(a) Two independent brakes, each ca-
pable of holding the maximum load; § 56.11007 Wooden components of lad-
ders.
(b) Direct communication between
terminals; Wooden components of ladders shall
(c) Power drives with emergency not be painted except with a trans-
power available in case of primary parent finish.
power failure; and
(d) Buckets equipped with positive § 56.11008 Restricted clearance.
locks to prevent accidental tripping or Where restricted clearance creates a
dumping. hazard to persons, the restricted clear-
ance shall be conspicuously marked.
§ 56.10009 Riding loaded buckets.
[53 FR 32521, Aug. 25, 1988]
Persons shall not ride loaded buck-
ets. § 56.11009 Walkways along conveyors.
§ 56.10010 Starting precautions. Walkways with outboard railings
shall be provided wherever persons are
Where possible, aerial tramways required to walk alongside elevated
shall not be started until the operator conveyor belts. Inclined railed walk-
has ascertained that everyone is in the ways shall be nonskid or provided with
clear. cleats.
Subpart J—Travelways § 56.11010 Stairstep clearance.

Vertical clearance above stair steps
§ 56.11001 Safe access. shall be a minimum of seven feet, or
Safe means of access shall be pro- suitable warning signs or similar de-
vided and maintained to all working vices shall be provided to indicate an
places. impaired clearance.
§ 56.11002 Handrails and toeboards. § 56.11011 Use of ladders.
Crossovers, elevated walkways, ele- Persons using ladders shall face the
vated ramps, and stairways shall be of ladders and have both hands free for
substantial construction provided with climbing and descending.
handrails, and maintained in good con-
dition. Where necessary, toeboards § 56.11012 Protection for openings
shall be provided. around travelways.
Openings above, below, or near
§ 56.11003 Construction and mainte- travelways through which persons or
nance of ladders. materials may fall shall be protected
Ladders shall be of substantial con- by railings, barriers, or covers. Where
struction and maintained in good con- it is impractical to install such protec-
dition. tive devices, adequate warning signals
shall be installed.
§ 56.11004 Portable rigid ladders.
Portable rigid ladders shall be pro- § 56.11013 Conveyor crossovers.
vided with suitable bases and placed se- Crossovers shall be provided where it
curely when used. is necessary to cross conveyors.
316
§ 56.11014 Crossing moving conveyors. be of approved design and construction

Moving conveyors shall be crossed and shall be properly installed.
only at designated crossover points. § 56.12003 Trailing cable overload pro-
tection.
§ 56.11016 Snow and ice on walkways
and travelways. Individual overload protection or
Regularly used walkways and short circuit protection shall be pro-
travelways shall be sanded, salted, or vided for the trailing cables of mobile
cleared of snow and ice as soon as prac- equipment.
ticable.
§ 56.12004 Electrical conductors.
§ 56.11017 Inclined fixed ladders. Electrical conductors shall be of a
Fixed ladders shall not incline back- sufficient size and current-carrying ca-
wards. pacity to ensure that a rise in tempera-
ture resulting from normal operations
§ 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
§ 56.11026 Protection for inclined fixed the conductors are properly bridged or
ladders. protected.
Fixed ladders 70 degrees to 90 degrees § 56.12006 Distribution boxes.
from the horizontal and 30 feet or more
in length shall have backguards, cages Distribution boxes shall be provided
or equivalent protection, starting at a with a disconnecting device for each
point not more than seven feet from branch circuit. Such disconnecting de-
the bottom of the ladders. vices shall be equipped or designed in
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
Scaffolds and working platforms deenergized, the distribution box shall
shall be of substantial construction be labeled to show which circuit each
and provided with handrails and main- device controls.
tained in good condition. Floor boards
shall be laid properly and the scaffolds § 56.12007 Junction box connection
and working platforms shall not be procedures.
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.
Subpart K—Electricity § 56.12008 Insulation and fittings for

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.
317
§ 56.12010 30 CFR Ch. I (7–1–20 Edition)
§ 56.12010 Isolation or insulation of § 56.12016 Work on electrically-pow-

communication conductors. ered equipment.
Telephone and low-potential signal Electrically powered equipment shall
wire shall be protected, by isolation or be deenergized before mechanical work
suitable insulation, or both, from con- is done on such equipment. Power
tacting energized power conductors or switches shall be locked out or other
any other power source. measures taken which shall prevent
the equipment from being energized
§ 56.12011 High-potential electrical without the knowledge of the individ-
conductors. uals working on it. Suitable warning
notices shall be posted at the power
High-potential electrical conductors
switch and signed by the individuals
shall be covered, insulated, or placed to
who are to do the work. Such locks or
prevent contact with low potential preventive devices shall be removed
conductors. only by the persons who installed them
or by authorized personnel.
§ 56.12012 Bare signal wires.
The potential on bare signal wires ac- § 56.12017 Work on power circuits.
cessible to contact by persons shall not Power circuits shall be deenergized
exceed 48 volts. before work is done on such circuits
unless hot-line tools are used. Suitable
§ 56.12013 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 preventative devices shall be
(b) Insulated to a degree at least removed only by the person who in-
equal to that of the original, and sealed stalled them or by authorized per-
to exclude moisture; and sonnel.
(c) Provided with damage protection § 56.12018 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,
§ 56.12014 Handling energized power unless identification can be made read-
cables. ily by location.
Power cables energized to potentials § 56.12019 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 clearance shall be provided at sta-
equipment, are used. When such ener- tionary electrical equipment or
gized cables are moved manually, insu- switchgear.
lated hooks, tongs, ropes, or slings
shall be used unless suitable protection § 56.12020 Protection of persons at
for persons is provided by other means. switchgear.
This does not prohibit pulling or drag- Dry wooden platforms, insulating
ging of cable by the equipment it pow- mats, or other electrically nonconduc-
ers when the cable is physically at- tive material shall be kept in place at
tached to the equipment by suitable all switchboards and power-control
mechanical devices, and the cable is in- switches where shock hazards exist.
sulated from the equipment in con- However, metal plates on which a per-
formance with other standards in this son normally would stand and which
part. are kept at the same potential as the

grounded, metal, non-current-carrying
318
parts of the power switches to be oper- § 56.12032 Inspection and cover plates.
ated may be used.
Inspection and cover plates on elec-
§ 56.12021 Danger signs. trical equipment and junction boxes
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.
§ 56.12033 Hand-held electric tools.
§ 56.12022 Authorized persons at major
electrical installations. Hand-held electric tools shall not be
operated at high potential voltages.
Areas containing major electrical in-
stallations shall be entered only by au- § 56.12034 Guarding around lights.
thorized persons.
Portable extension lights, and other
§ 56.12023 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 § 56.12035 Weatherproof lamp sockets.
grids that are difficult or impractical
Lamp sockets shall be of a weather-
to insulate shall be guarded, unless
proof type where they are exposed to
protection is provided by location.
weather or wet conditions that may
§ 56.12025 Grounding circuit enclo- interfere with illumination or create a
sures. shock hazard.
All metal enclosing or encasing elec- § 56.12036 Fuse removal or replace-
trical circuits shall be grounded or pro- ment.
vided with equivalent protection. This
Fuses shall not be removed or re-
requirement does not apply to battery- placed by hand in an energized circuit,
operated equipment. and they shall not otherwise be re-
§ 56.12026 Grounding transformer and moved or replaced in an energized cir-
switchgear enclosures. cuit unless equipment and techniques
especially designed to prevent elec-
Metal fencing and metal buildings trical shock are provided and used for
enclosing transformers and switchgear such purpose.
shall be grounded.
§ 56.12037 Fuses in high-potential cir-
§ 56.12027 Grounding mobile equip- cuits.
ment.
Fuse tongs or hot line tools shall be
Frame grounding or equivalent pro- used when fuses are removed or re-
tection shall be provided for mobile placed in high-potential circuits.
equipment powered through trailing
cables. § 56.12038 Attachment of trailing ca-
bles.
§ 56.12028 Testing grounding systems. Trailing cables shall be attached to
Continuity and resistance of ground- machines in a suitable manner to pro-
ing systems shall be tested imme- tect the cable from damage and to pre-
diately after installation, repair, and vent strain on the electrical connec-
modification; and annually thereafter. tions.
A record of the resistance measured
during the most recent tests shall be § 56.12039 Protection of surplus trail-
made available on a request by the Sec- ing cables.
retary or his duly authorized rep- Surplus trailing cables to shovels,
resentative. cranes and similar equipment shall
be—
§ 56.12030 Correction of dangerous (a) Stored in cable boats;
conditions. (b) Stored on reels mounted on the
When a potentially dangerous condi- equipment; or
tion is found it shall be corrected be- (c) Otherwise protected from me-
fore equipment or wiring is energized. chanical damage.
319
§ 56.12040 30 CFR Ch. I (7–1–20 Edition)
§ 56.12040 Installation of operating trict Office of the Mine Safety and

controls. Health Administration.
Operating controls shall be installed [50 FR 4054, Jan. 29, 1985, as amended at 60
so that they can be operated without FR 35695, July 11, 1995; 71 FR 16667, Apr. 3,
danger of contact with energized con- 2006]
ductors.
§ 56.12048 Communication conductors
§ 56.12041 Design of switches and on power poles.
starting boxes. Telegraph, telephone, or signal wires
Switches and starting boxes shall be shall not be installed on the same
of safe design and capacity. crossarm with power conductors. When
carried on poles supporting powerlines,
§ 56.12042 Track bonding. they shall be installed as specified by
Both rails shall be bonded or welded the National Electrical Code.
at every joint and rails shall be
§ 56.12050 Installation of trolley wires.
crossbonded at least every 200 feet if
the track serves as the return trolley Trolley wires shall be installed at
circuit. When rails are moved, re- least seven feet above rails where
placed, or broken bonds are discovered, height permits, and aligned and sup-
they shall be rebonded within three ported to suitably control sway and
working shifts. sag.
§ 56.12045 Overhead powerlines. § 56.12053 Circuits powered from trol-

ley wires.
Overhead high-potential powerlines
shall be installed as specified by the Ground wires for lighting circuits
National Electrical Code. powered from trolley wires shall be
connected securely to the ground-re-
§ 56.12047 Guy wires. turn circuit.
Guy wires of poles supporting high- § 56.12065 Short circuit and lightning
voltage transmission lines shall meet protection.
the requirements for grounding or in-
sulator protection of the National Powerlines, including trolley wires,
Electrical Safety Code, part 2, entitled and telephone circuits shall be pro-
‘‘Safety Rules for the Installation and tected against short circuits and light-
Maintenance of Electric Supply and ning.
Communication Lines’’ (also referred § 56.12066 Guarding trolley wires and
to as National Bureau of Standards bare powerlines.
Handbook 81, November 1, 1961) and
Supplement 2 thereof issued March Where metallic tools or equipment
1968, which are hereby incorporated by can come in contact with trolley wires
reference and made a part hereof. or bare powerlines, the lines shall be
These publications and documents may guarded or deenergized.
be obtained from the National Insti- § 56.12067 Installation of transformers.
tute of Science and Technology, 100 Bu-
reau Drive, Stop 3460, Gaithersburg, Transformers shall be totally en-
MD 20899–3460. Telephone: 301–975–6478 closed, or shall be placed at least 8 feet
(not a toll free number); http:// above the ground, or installed in a
ts.nist.gov/nvl; or from the Government transformer house, or surrounded by a
Printing Office, Information Dissemi- substantial fence at least 6 feet high
nation (Superintendent of Documents), and at least 3 feet from any energized
P.O. Box 371954, Pittsburgh, PA 15250– parts, casings, or wiring.
7954; Telephone: 866–512–1800 (toll free)
§ 56.12068 Locking transformer enclo-
or 202–512–1800, http://bookstore.gpo.gov, sures.
or may be examined in any Metal and

Nonmetal Mine Safety and Health Dis- Transformer enclosures shall be kept
locked against unauthorized entry.
320
§ 56.12069 Lightning protection for § 56.13011 Air receiver tanks.

telephone wires and ungrounded
Air receiver tanks shall be equipped
conductors.
with one or more automatic pressure-
Each ungrounded power conductor or relief valves. The total relieving capac-
telephone wire that leads underground ity of the relief valves shall prevent
and is directly exposed to lightning pressure from exceeding the maximum
shall be equipped with suitable light- allowable working pressure in a re-
ning arrestors of approved type within ceiver tank by not more than 10 per-
100 feet of the point where the circuit cent. Air receiver tanks also shall be
enters the mine. Lightning arrestors equipped with indicating pressure
shall be connected to a low resistance gauges which accurately measure the
grounding medium on the surface and pressure within the air receiver tanks.
shall be separated from neutral
grounds by a distance of not less than § 56.13012 Compressor air intakes.
25 feet. Compressor air intakes shall be in-
stalled to ensure that only clean,
§ 56.12071 Movement or operation of uncontaminated air enters the com-
equipment near high-voltage power pressors.
lines.
When equipment must be moved or § 56.13015 Inspection of compressed-
operated near energized high-voltage air receivers and other unfired
pressure vessels.
powerlines (other than trolley lines)
and the clearance is less than 10 feet, (a) Compressed-air receivers and
the lines shall be deenergized or other other unfired pressure vessels shall be
precautionary measures shall be taken. inspected by inspectors holding a valid
National Board Commission and in ac-
cordance with the applicable chapters
Subpart L—Compressed 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
boilers and pressure vessels. porated by reference and made a part
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
temperature is exceeded by more than pipes.
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
321
§ 56.13020 30 CFR Ch. I (7–1–20 Edition)
not be attempted until the pressure has VII Recommended Rules for Care of Power
been bled off. Boilers
(2) The National Board Inspection
§ 56.13020 Use of compressed air.
Code, a Manual for Boiler and Pressure
At no time shall compressed air be Vessel Inspectors, 1979, published by
directed toward a person. When com- the National Board of Boiler and Pres-
pressed air is used, all necessary pre- sure Vessel Inspectors.
cautions shall be taken to protect per-
sons from injury. CHAPTER AND TITLE
§ 56.13021 High-pressure hose connec- I Glossary of Terms
tions. II Inspection of Boilers and Pressure Ves-
sels
Except where automatic shutoff
III Repairs and Alterations to Boiler and
valves are used, safety chains or other
Pressure Vessels by Welding
suitable locking devices shall be used IV Shop Inspection of Boilers and Pressure
at connections to machines of high- Vessels
pressure hose lines of 3⁄4-inch inside di- V Inservice Inspection of Pressure Vessels
ameter or larger, and between high- by Authorized Owner-User Inspection
pressure hose lines of 3⁄4-inch inside di- Agencies
ameter or larger, where a connection
failure would create a hazard. APPENDIX AND TITLE
A Safety and Safety Relief Valves
§ 56.13030 Boilers. B Non-ASME Code Boilers and Pressure
(a) Fired pressure vessels (boilers) Vessels
shall be equipped with water level C Storage of Mild Steel Covered Arc Weld-
ing Electrodes
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
Engineers to protect against hazards D-VR1 Certificate of Authorization for Re-
from overpressure, flameouts, fuel pair Symbol Stamp for Safety and Safety
interruptions and low water level, all Relief Valves
as required by the appropriate sections, D-VR2 Outline of Basic Elements of Written
chapters and appendices listed in para- Quality Control System for Repairers of
graphs (b) (1) and (2) of this section. ASME Safety and Safety Relief Valves
(b) These gauges, devices and piping D-VR3 Nameplate Stamping for ‘‘VR’’
E Owner-user Inspection Agencies
shall be designed, installed, operated,
F Inspection Forms
maintained, repaired, altered, in-
spected, and tested by inspectors hold- (c) Records of inspections and repairs
ing a valid National Board Commission shall be kept in accordance with the re-
and in accordance with the following quirements of the ASME Boiler and
listed sections, chapters and appen- Pressure Vessel Code and the National
dices: Board Inspection Code. The records
(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 Specifications—Part A—Fer- ed in paragraph (b)(2) of this section,
rous. are incorporated by reference and made
II Material Specifications—Part B—Non- a part of this standard. These publica-
ferrous. tions may be obtained from the pub-
II Material Specifications—Part C—Weld- lishers, the American Society of Me-
ing Rods, Electrodes, and Filler Metals.
IV Heating Boilers chanical Engineers, 22 Law Drive, P.O.
Box 2900, Fairfield, New Jersey 07007,
V Nondestructive Examination
VI Recommended Rules for Care and Oper- Phone: 800–843–2763 (toll free); http://
ation of Heating Boilers www.asme.org, and the National Board
322
of Boiler and Pressure Vessel Inspec- defective items shall be used to pro-
tors, 1055 Crupper Avenue, Columbus, hibit further use until the defects are
Ohio 43229. The publications may be ex- corrected.
amined at any Metal and Nonmetal (d) Defects on self-propelled mobile
Mine Safety and Health District Office equipment affecting safety, which are
of the Mine Safety and Health Admin- not corrected immediately, shall be re-
istration. ported to and recorded by the mine op-
[50 FR 4054, Jan. 29, 1985, as amended at 71 erator. The records shall be kept at the
FR 16667, Apr. 3, 2006] mine or nearest mine office from the
date the defects are recorded, until the
Subpart M—Machinery and defects are corrected. Such records
shall be made available for inspection
Equipment by an authorized representative of the
Secretary.
otherwise noted. § 56.14101 Brakes.
§ 56.14000 Definitions. (a) Minimum requirements. (1) Self-pro-
The following definitions apply in pelled mobile equipment shall be
this subpart. equipped with a service brake system
Travelway. A passage, walk, or way capable of stopping and holding the
regularly used or designated for per- equipment with its typical load on the
sons to go from one place to another. maximum grade it travels. This stand-
ard does not apply to equipment which
[53 FR 32521, Aug. 25, 1988, as amended at 69 is not originally equipped with brakes
FR 38840, June 29, 2004] unless the manner in which the equip-
SAFETY DEVICES AND MAINTENANCE ment is being operated requires the use
REQUIREMENTS of brakes for safe operation. This
standard does not apply to rail equip-
§ 56.14100 Safety defects; examination, ment.
correction and records. (2) If equipped on self-propelled mo-
(a) Self-propelled mobile equipment bile equipment, parking brakes shall be
to be used during a shift shall be incapable of holding the equipment with
spected by the equipment operator be- its typical load on the maximum grade
fore being placed in operation on that it travels.
shift. (3) All braking systems installed on
(b) Defects on any equipment, ma- the equipment shall be maintained in
chinery, and tools that affect safety functional condition.
shall be corrected in a timely manner (b) Testing. (1) Service brake tests
to prevent the creation of a hazard to shall be conducted when an MSHA in-
persons. spector has reasonable cause to believe
(c) When defects make continued op- that the service brake system does not
eration hazardous to persons, the de- function as required, unless the mine
fective items including self-propelled operator removes the equipment from
mobile equipment shall be taken out of service for the appropriate repair;
service and placed in a designated area (2) The performance of the service
posted for that purpose, or a tag or brakes shall be evaluated according to
other effective method of marking the Table M–1.
TABLE M–1
Equipment speed, MPH
Gross vehicle weight lbs.
10 11 12 13 14 15 16 17 18 19 20
Service Brake Maximum Stopping Distance—Feet
0–36000 ............................................................ 34 38 43 48 53 59 64 70 76 83 89
36000–70000 .................................................... 41 46 52 58 62 70 76 83 90 97 104
70000–140000 .................................................. 48 54 61 67 74 81 88 95 103 111 119

140000–250000 ................................................ 56 62 69 77 84 92 100 108 116 125 133
250000–400000 ................................................ 59 66 74 81 89 97 105 114 123 132 141
323
§ 56.14101 30 CFR Ch. I (7–1–20 Edition)
TABLE M–1—Continued
Equipment speed, MPH
10 11 12 13 14 15 16 17 18 19 20
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 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 operator re-
sponse time.
TABLE M–2—THE SPEED OF A VEHICLE CAN BE DETERMINED BY CLOCKING IT THROUGH A 100-FOOT

MEASURED COURSE AT CONSTANT VELOCITY USING TABLE M–2. WHEN THE SERVICE BRAKES ARE
APPLIED AT THE END OF THE COURSE, STOPPING DISTANCE CAN BE MEASURED AND COMPARED
TO TABLE M–1.
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- is designed for the power train to be
ducted under the direction of the mine disengaged during braking.
operator in cooperation with an ac- (v) Testing speeds shall be a min-
cording to the instructions provided by imum of 10 miles per hour and a max-
the MSHA inspector as follows: imum of 20 miles per hour.
(i) Equipment capable of traveling at (vi) Stopping distances shall be meas-
least 10 miles per hour shall be tested ured from the point at which the equip-
with a typical load for that particular ment operator receives the signal to
piece of equipment. Front-end loaders apply the service brakes to the final
shall be tested with the loader bucket stopped position.
empty. Equipment shall not be tested (4) Test results shall be evaluated as
when carrying hazardous loads, such as follows:
explosives. (i) If the initial test run is valid and
(ii) The approach shall be sufficient the stopping distance does not exceed
length to allow the equipment operator the corresponding stopping distance
to reach and maintain a constant speed listed in Table 1, the performance of
between 10 and 20 miles per hour prior the service brakes shall be considered
to entering the 100 foot measured area. acceptable. For tests to be considered
The constant speed shall be maintained valid, the equipment shall not slide
up to the point when the equipment op- sideways or exhibit other lateral mo-
erator receives the signal to apply the tion during the braking portion of the
brakes. The roadway shall be wide test.
enough to accommodate the size of the (ii) If the equipment exceeds the
equipment being tested. The ground maximum stopping distance in the ini-
shall be generally level, packed, and tial test run, the mine operator may
dry in the braking portion of the test request from the inspector up to four
course. Ground moisture may be additional test runs with two runs to
present to the extent that it does not be conducted in each direction. The
adversely affect the braking surface. performance of the service brakes shall
(iii) Braking is to be performed using be considered acceptable if the equip-
only those braking systems, including ment does not exceed the maximum
auxiliary retarders, which are designed stopping distance on at least three of
to bring the equipment to a stop under the additional tests.
normal operating conditions. Parking (5) Where there is not an appropriate
or emergency (secondary) brakes are test site at the mine or the equipment
not to be actuated during the test. is not capable or traveling at least 10
(iv) The tests shall be conducted with miles per hour, service brake tests will
the transmission in the gear appro- not be conducted. In such cases, the in-
priate for the speed the equipment is spector will rely upon other available
traveling except for equipment which evidence to determine whether the
324
service brake system meets the per- potential trajectory of wheel compo-
formance requirement of this standard. nents.
[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov.
4, 1988]
§ 56.14105 Procedures during repairs
or maintenance.
§ 56.14102 Brakes for rail equipment. Repairs or maintenance of machinery
Braking systems on railroad cars and or equipment shall be performed only
locomotives shall be maintained in after the power is off, and the machin-
functional condition. ery or equipment blocked against haz-
ardous motion. Machinery or equip-
§ 56.14103 Operators stations. ment motion or activation is permitted
(a) If windows are provided on opera- to the extent that adjustments or test-
tors’ stations of self-propelled mobile ing cannot be performed without mo-
equipment, the windows shall be made tion or activation, provided that per-
of safety glass or material with equiva- sons are effectively protected from haz-
lent safety characteristics. The win- ardous motion.
dows shall be maintained to provide
visibility for safe operation. § 56.14106 Falling object protection.
(b) If damaged windows obscure visi- (a) Fork-lift trucks, front-end load-
bility necessary for safe operation, or ers, and bulldozers shall be provided
create a hazard to the equipment oper- with falling object protective struc-
ator, the windows shall be replaced or tures if used in an area where falling
removed. Damaged windows shall be re- objects could create a hazard to the
placed if absence of a window would ex- equipment operator.
pose the equipment operator to haz-
(b) The protective structure shall be
ardous environmental conditions which
capable of withstanding the falling ob-
would affect the ability of the equip-
ment operator to safely operate the ject loads to which it would be sub-
equipment. jected.
(c) The operator’s stations of self-
§ 56.14107 Moving machine parts.
propelled mobile equipment shall—
(1) Be free of materials that could (a) Moving machine parts shall be
create a hazard to persons by impairing guarded to protect persons from con-
the safe operation of the equipment; tacting gears, sprockets, chains, drive,
and head, tail, and takeup pulleys,
(2) Not be modified, in a manner that flywheels, couplings, shafts, fan blades,
obscures visibility necessary for safe and similar moving parts that can
operation. cause injury.
(b) Guards shall not be required
§ 56.14104 Tire repairs. where the exposed moving parts are at
(a) Before a tire is removed from a least seven feet away from walking or
vehicle for tire repair, the valve core working surfaces.
shall be partially removed to allow for
gradual deflation and then removed. § 56.14108 Overhead drive belts.
During deflation, to the extent pos-
Overhead drive belts shall be guarded
sible, persons shall stand outside of the
to contain the whipping action of a
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 § 56.14109 Unguarded conveyors with
following shall be used: adjacent travelways.
(1) A wheel cage or other restraining
device that will constrain all wheel rim Unguarded conveyors next to the
components during an explosive sepa- travelways shall be equipped with—
ration of a multi-piece wheel rim, or (a) Emergency stop devices which are
during the sudden release of contained located so that a person falling on or
air in a single piece rim wheel; or against the conveyor can readily de-
(2) A stand-off inflation device which activate the conveyor drive motor; or
permits persons to stand outside of the (b) Railings which—
325
§ 56.14110 30 CFR Ch. I (7–1–20 Edition)
(1) Are positioned to prevent persons § 56.14114 Air valves for pneumatic
from falling on or against the con- equipment.
veyor; A manual master quick-close type air
(2) Will be able to withstand the vi- valve shall be installed on all pneu-
bration, shock, and wear to which they matic-powered equipment if there is a
will be subjected during normal oper- hazard of uncontrolled movement when
ation; and the air supply is activated. The valve
(3) Are constructed and maintained shall be closed except when the equip-
so that they will not create a hazard. ment is being operated.
§ 56.14110 Flying or falling materials. § 56.14115 Stationary grinding ma-

chines.
In areas where flying or falling mate- Stationary grinding machines, other
rials generated from the operation of than special bit grinders, shall be
screens, crushers, or conveyors present equipped with—
a hazard, guards, shields, or other de- (a) Peripheral hoods capable of with-
vices that provide protection against standing the force of a bursting wheel
such flying or falling materials shall be and enclosing not less than 270° of the
provided to protect persons. periphery of the wheel;
(b) Adjustable tool rests set so that
§ 56.14111 Slusher, backlash guards the distance between the grinding sur-
and securing. face of the wheel and the tool rest in
(a) When persons are exposed to not greater than 1⁄8 inch; and
slushing operations, the slushers shall (c) A safety washer on each side of
be equipped with rollers and drum cov- the wheel.
ers and anchored securely before [53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov.
slushing operations are started. 4, 1988]
(b) Slushers rated over 10 horsepower
§ 56.14116 Hand-held power tools.
shall be equipped with backlash guards,
unless the equipment operator is other- (a) Power drills, disc sanders, grind-
wise protected. ers and circular and chain saws, when
(c) This standard does not apply to used in the hand-held mode shall be op-
air tuggers of 10 horsepower or less erated with controls which require con-
stant hand or finger pressure.
that have only one cable and one drum.
(b) Circular saws and chain saws
§ 56.14112 Construction and mainte- shall not be equipped with devices
nance of guards. which lock-on the operating controls.
(a) Guards shall be constructed and § 56.14130 Roll-over protective struc-
maintained to— tures (ROPS) and seat belts.
(1) Withstand the vibration, shock, (a) Equipment included. Roll-over pro-
and wear to which they will be sub- tective structures (ROPS) and seat
jected during normal operation; and belts shall be installed on—
(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;
(4) The tractor portion of semi-
ments which cannot be performed with-
mounted scrapers, dumpers, water wag-
out removal of the guard.
ons, bottom-dump wagons, rear-dump
§ 56.14113 Inclined conveyors: back- wagons, and towed fifth wheel attach-
stops or brakes. ments;
(5) Skid-steer loaders; and
Backstops or brakes shall be in- (6) Agricultural tractors.
stalled on drive units of inclined con- (b) ROPS construction. ROPS shall
veyors to prevent the conveyors from meet the requirements of the following
running in reverse, creating a hazard Society of Automotive Engineers
to persons. (SAE) publications, as applicable,

which are incorporated by reference:
326
(1) SAE J1040, ‘‘Performance Criteria (g) Wearing seat belts. Seat belts shall
for Roll-Over Protective Structures be worn by the equipment operator ex-
(ROPS) for Construction, Earthmoving, cept that when operating graders from
Forestry, and Mining Machines,’’, 1986; a standing position, the grader oper-
or ator shall wear safety lines and a har-
(2) SAE J1194, ‘‘Roll-Over Protective ness in place of a seat belt.
Structures (ROPS) for Wheeled Agri- (h) Seat belts construction. Seat belts
cultural Tractors’’, 1983. required under this section shall meet
(c) ROPS labelling. ROPS shall have a the requirement of SAE J386, ‘‘Oper-
label permanently affixed to the struc- ator Restraint System for Off-Road
ture identifying— Work Machines’’ (1985, 1993, or 1997), or
(1) The manufacturer’s name and ad- SAE J1194, ‘‘Roll-Over Protective
dress; Structures (ROPS) for Wheeled Agri-
(2) The ROPS model number; and cultural Tractors’’ (1983, 1989, 1994, or
(3) The make and model number of 1999), as applicable, which are incor-
the equipment for which the ROPS is porated by reference.
designed. (i) Seat belt maintenance. Seat belts
shall be maintained in functional con-
(d) ROPS installation. ROPS shall be
dition, and replaced when necessary to
installed on the equipment in accord-
assure proper performance.
ance with the recommendations of the
(j) Publications. The incorporation by
ROPS manufacturer.
reference of these publications is ap-
(e) ROPS maintenance. (1) ROPS shall proved by the Director of the Federal
be maintained in a condition that Register in accordance with 5 U.S.C.
meets the performance requirements 552(a) and 1 CFR part 51. Copies of
applicable to the equipment. If the these publications may be examined at
ROPS is subjected to roll-over an ab- any Metal and Nonmetal Mine Safety
normal structural loading, the equip- and Health District Office; at MSHA’s
ment manufacturer or a registered pro- Office of Standards, Regulations, and
fessional engineer with knowledge and Variances, 201 12th Street South, Ar-
experience in ROPS design shall recer- lington, VA 22202–5452; 202–693–9440; or
tify that the ROPS meets the applica- at the National Archives and Records
ble performance requirements before it Administration (NARA). For informa-
is returned to service. tion on the availability of this mate-
(2) Alterations or repairs on ROPS rial at NARA, call 202–741–6030, or go
shall be performed only with approval to: http://www.archives.gov/fed-
from the ROPS manufacturer or under erallregister/
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, PA 15096–0001; 724–776–4841;
ance requirements. http://www.sae.org.
(f) Exemptions. (1) This standard does
not apply to— [53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov.
4, 1988, as amended at 60 FR 33723, June 29,
(i) Self-propelled mobile equipment 1995; 67 FR 38385, June 4, 2002; 68 FR 19347,
manufactured prior to July 1, 1969; Apr. 21, 2003; 80 FR 52987, Sept. 2, 2015]
(ii) Over-the-road type tractors that
pull trailers or vans on highways; § 56.14131 Seat belts for haulage
(iii) Equipment that is only operated trucks.
by remote control; and (a) Seat belts shall be provided and
(2) Self-propelled mobile equipment worn in haulage trucks.
manufactured prior to October 24, 1988, (b) Seat belts shall be maintained in
that is equipped with ROPS and seat functional condition, and replaced
belts that meet the installation and when necessary to assure proper per-
performance requirements of 30 CFR formance.
56.9088 (1986 edition) shall be considered (c) Seat belts required under this sec-
in compliance with paragraphs (b) and tion shall meet the requirements of
(h) of this section. SAE J386, ‘‘Operator Restraint System
327
§ 56.14132 30 CFR Ch. I (7–1–20 Edition)
for Off-Road Work Machines’’ (1985, SAFETY PRACTICES AND OPERATIONAL

1993, or 1997), which are incorporated by PROCEDURES
reference.
(d) The incorporation by reference of § 56.14200 Warnings prior to starting
these publications is approved by the or moving equipment.
Director of the Federal Register in ac- Before starting crushers or moving
cordance with 5 U.S.C. 552(a) and 1 CFR self-propelled mobile equipment, equip-
part 51. Copies of these publications ment operators shall sound a warning
may be examined at any Metal and that is audible above the surrounding
Nonmetal Mine Safety and Health Dis- noise level or use other effective means
trict Office; at MSHA’s Office of Stand- to warn all persons who could be ex-
ards, Regulations, and Variances, 201 posed to a hazard from the equipment.
12th Street South, Arlington, VA 22202–
5452; 202–693–9440; or at the National Ar- § 56.14201 Conveyor start-up warnings.
chives and Records Administration (a) When the entire length of a con-
(NARA). For information on the avail- veyor is visible from the starting
ability of this material at NARA, call switch, the conveyor operator shall vis-
202–741–6030, or go to: http:// ually check to make certain that all
www.archives.gov/federallregister/ persons are in the clear before starting
codeloflfederallregulations/ the conveyor.
ibrllocations.html. Copies may be pur- (b) When the entire length of the con-
chased from the Society of Automotive veyor is not visible from the starting
Engineers, 400 Commonwealth Drive, switch, a system which provides visible
Warrendale, PA 15096–0001; 724–776–4841; or audible warning shall be installed
http://www.sae.org. and operated to warn persons that the
[50 FR 4054, Jan. 29, 1985, as amended at 67 conveyor will be started. Within 30 sec-
FR 38385, June 4, 2002; 68 FR 19347, Apr. 21, onds after the warning is given, the
2003; 80 FR 52987, Sept. 2, 2015] conveyor shall be started or a second
warning shall be given.
§ 56.14132 Horns and backup alarms.
(a) Manually-operated horns or other § 56.14202 Manual cleaning of con-
veyor pulleys.
audible warning devices provided on
self-propelled mobile equipment as a Pulleys of conveyors shall not be
safety feature shall be maintained in cleaned manually while the conveyor is
functional condition. in motion.
(b)(1) When the operator has an ob-
structed view to the rear, self-propelled § 56.14203 Application of belt dressing.
mobile equipment shall have— Belt dressings shall not be applied
(i) An automatic reverse-activated manually while belts are in motion un-
signal alarm; less a pressurized-type applicator is
(ii) A wheel-mounted bell alarm used that allows the dressing to be ap-
which sounds at least once for each plied from outside the guards.
three feet of reverse movement;
(iii) A discriminating backup alarm § 56.14204 Machinery lubrication.
that covers the area of obstructed Machinery or equipment shall not be
view; or lubricated manually while it is in mo-
(iv) An observer to signal when it is tion where application of the lubricant
safe to back up. may expose persons to injury.
(2) Alarms shall be audible above the
surrounding noise level. § 56.14205 Machinery, equipment, and
tools.
(3) An automatic reverse-activated
strobe light may be used at night in Machinery, equipment, and tools
lieu of an audible reverse alarm. shall not be used beyond the design ca-
pacity intended by the manufacturer
(c) This standard does not apply to

rail equipment. where such use may create a hazard to
persons.
328
§ 56.14206 Securing movable parts. subjected shall be used in conjunction

with any primary rigging.
(a) When moving mobile equipment
(c) This provision does not apply to
between workplaces, booms, forks,
rail equipment.
buckets, beds, and similar movable
parts of the equipment shall be posi- § 56.14210 Movement of dippers, buck-
tioned in the travel mode and, if re- ets, loading booms, or suspended
quired for safe travel, mechanically se- loads.
cured. (a) Dippers, buckets, loading booms,
(b) When mobile equipment is unat- or suspended loads shall not be swung
tended or not in use, dippers, buckets over the operators’ stations of self-pro-
and scraper blades shall be lowered to pelled mobile equipment until the
the ground. Other movable parts, such equipment operator is out of the opera-
as booms, shall be mechanically se- tor’s station and in a safe location.
cured or positioned to prevent move- (b) This section does not apply when
ment which would create a hazard to the equipment is specifically designed
persons. to protect the equipment operator from
[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. falling objects.
4, 1988]
§ 56.14211 Blocking equipment in a
§ 56.14207 Parking procedures for un- raised position.
attended equipment. (a) Persons shall not work on top of,
Mobile equipment shall not be left under, or work from mobile equipment
unattended unless the controls are in a raised position until the equip-
placed in the park position and the ment has been blocked or mechanically
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. under, or work from a raised compo-
nent of mobile equipment until the
§ 56.14208 Warning devices. component has been blocked or me-
chanically secured to prevent acci-
(a) Visible warning devices shall be dental lowering. The equipment must
used when parked mobile equipment also be blocked or secured to prevent
creates a hazard to persons in other rolling.
mobile equipment. (c) A raised component must be se-
(b) Mobile equipment, other than cured to prevent accidental lowering
forklifts, carrying loads that project when persons are working on or around
beyond the sides or more than four feet mobile equipment and are exposed to
beyond the rear of the equipment shall the hazard of accidental lowering of
have a warning flag at the end of the the component.
projection. Under conditions of limited (d) Under this section, a raised com-
visibility these loads shall have a ponent of mobile equipment is consid-
warning light at the end of the projec- ered to be blocked or mechanically se-
tion. Such flag or lights shall be at- cured if provided with a functional
tached to the end of the projection or load-locking device or a device which
be carried by persons walking beside or prevents free and uncontrolled descent.
behind the projection. (e) Blocking or mechanical securing
of the raised component is required
§ 56.14209 Safety procedures for tow- during repair or maintenance of ele-
ing.
vated mobile work platforms.
(a) A properly sized tow bar or other
effective means of control shall be used § 56.14212 Chains, ropes, and drive
to tow mobile equipment. belts.
(b) Unless steering and braking are Chains, ropes, and drive belts shall be
under the control of the equipment op- guided mechanically onto moving pul-
erator on the towed equipment, a safe- leys, sprockets, or drums except where
ty chain or wire rope capable of with- equipment is designed specifically for

standing the loads to which it could be hand feeding.
329
§ 56.14213 30 CFR Ch. I (7–1–20 Edition)
§ 56.14213 Ventilation and shielding not clearly recognize the brakeman’s

for welding. signals, the train operator shall bring
(a) Welding operations shall be the train to a stop.
shielded when performed at locations
APPENDIX I TO SUBPART M OF PART 56—
where arc flash could be hazardous to
NATIONAL CONSENSUS STANDARDS
persons.
(b) All welding operations shall be Mine operators seeking further informa-
well-ventilated. tion regarding the construction and installa-
tion of falling object protective structures
§ 56.14214 Train warnings. (FOPS) may consult the following national
consensus standards, as applicable.
A warning that is audible above the
surrounding noise level shall be sound- MSHA STANDARD 56.14106, FALLING OBJECT
ed— PROTECTION.
(a) Immediately prior to moving
trains; Equipment National consensus standard
(b) When trains approach persons,
Front-end loaders Society of Automotive Engineers (SAE)
crossings, other trains on adjacent and bulldozers. minimum performance criteria for
tracks; and falling object protective structures
(c) Any place where the train opera- (FOPS) SAE J231—January, 1981.
tor’s vision is obscured. Fork-lift trucks ........ American National Standards Institute
(ANSI) safety standard for low lift
and high lift trucks, B 56.1, section
§ 56.14215 Coupling or uncoupling 7.27—1983; or,
cars. American National Standards Institute
Prior to coupling or uncoupling cars (ANSI) standard, rough terrain fork
lift trucks, B56.6—1987.
manually, trains shall be brought to a
complete stop, and then moved at min-
imum tram speed until the coupling or Subpart N—Personal Protection
uncoupling activity is completed. Cou-
pling or uncoupling shall not be at- § 56.15001 First-aid materials.
tempted from the inside of curves un-
less the railroad and cars are designed Adequate first-aid materials, includ-
to eliminate hazards to persons. ing stretchers and blankets, shall be
provided at places convenient to all
§ 56.14216 Backpoling. working areas. Water or neutralizing
agents shall be available where corro-
Backpoling of trolleys is prohibited
sive chemicals or other harmful sub-
except where there is inadequate clear-
stances are stored, handled, or used.
ance to reverse the trolley pole. Where
backpoling is required, it shall be done § 56.15002 Hard hats.
only at the minimum tram speed of the
trolley. All persons shall wear suitable hard
hats when in or around a mine or plant
§ 56.14217 Securing parked railcars. where falling objects may create a haz-
Parked railcars shall be blocked se- ard.
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.
330
§ 56.15005 Safety belts and lines. enter or work where they are exposed
Safety belts and lines shall be worn to entrapment by the caving or sliding
when persons work where there is dan- of materials; and
ger of falling; a second person shall (2) Equipped with supply and dis-
tend the lifeline when bins, tanks, or charge operating controls. The controls
other dangerous areas are entered. shall be located so that spills or over-
runs will not endanger persons.
§ 56.15006 Protective equipment and (b) Where persons are required to
clothing for hazards and irritants. move around or over any facility listed
Special protective equipment and in this standard, suitable walkways or
special protective clothing shall be passageways shall be provided.
provided, maintained in a sanitary and (c) Where persons are required to
reliable condition and used whenever enter any facility listed in this stand-
hazards of process or environment, ard for maintenance or inspection pur-
chemical hazards, radiological hazards, poses, ladders, platforms, or staging
or mechanical irritants are encoun- shall be provided. No person shall enter
tered in a manner capable of causing the facility until the supply and dis-
injury or impairment. charge of materials have ceased and
the supply and discharge equipment is
§ 56.15007 Protective equipment or locked out. Persons entering the facil-
clothing for welding, cutting, or ity shall wear a safety belt or harness
working with molten metal. equipped with a lifeline suitably fas-
Protective clothing or equipment and tened. A second person, similarly
face shields, or goggles shall be worn equipped, shall be stationed near where
when welding, cutting, or working with the lifeline is fastened and shall con-
molten metal. stantly adjust it or keep it tight as
needed, with minimum slack.
§ 56.15014 Eye protection when oper-
ating grinding wheels. § 56.16003 Storage of hazardous mate-
Face shields or goggles in good condi- rials.
tion shall be worn when operating a Materials that can create hazards if
grinding wheel. accidentally liberated from their con-
[53 FR 32526, Aug. 25, 1988] tainers shall be stored in a manner
that minimizes the dangers.
§ 56.15020 Life jackets and belts.
Life jackets or belts shall be worn § 56.16004 Containers for hazardous
where there is danger from falling into materials.
water. Containers holding hazardous mate-
rials must be of a type approved for
Subpart O—Materials Storage and such use by recognized agencies.
Handling [67 FR 42389, June 21, 2002]
§ 56.16001 Stacking and storage of ma- § 56.16005 Securing gas cylinders.

terials.
Compressed and liquid gas cylinders
Supplies shall not be stacked or
shall be secured in a safe manner.
stored in a manner which creates trip-
ping or fall-of-material hazards. § 56.16006 Protection of gas cylinder
valves.
§ 56.16002 Bins, hoppers, silos, tanks,
and surge piles. Valves on compressed gas cylinders
(a) Bins, hoppers, silos, tanks, and shall be protected by covers when being
surge piles, where loose unconsolidated transported or stored, and by a safe lo-
materials are stored, handled or trans- cation when the cylinders are in use.
ferred shall be—
(1) Equipped with mechanical devices § 56.16007 Taglines, hitches, and slings.
or other effective means of handling (a) Taglines shall be attached to
materials so that during normal oper- loads that may require steadying or
ations persons are not required to guidance while suspended.
331
§ 56.16009 30 CFR Ch. I (7–1–20 Edition)
(b) Hitches and slings used to hoist stantial footwalks with toeboards and
materials shall be suitable for the par- railings the length of the bridge.
ticular material handled.
§ 56.16016 Lift trucks.
§ 56.16009 Suspended loads. Fork and other similar types of lift
Persons shall stay clear of suspended trucks shall be operated with the—
loads. (a) Upright tilted back to steady and
secure the load;
§ 56.16010 Dropping materials from (b) Load in the upgrade position
overhead. when ascending or descending grades in
To protect personnel, material shall excess of 10 percent;
not be dropped from an overhead ele- (c) Load not raised or lowered
vation until the drop area is first enroute except for minor adjustments;
cleared of personnel and the area is and
then either guarded or a suitable warn- (d) Load-engaging device downgrade
ing is given. when traveling unloaded on all grades.
§ 56.16011 Riding hoisted loads or on Subpart P—Illumination

the hoist hook.
§ 56.17001 Illumination of surface
Persons shall not ride on loads being working areas.
moved by cranes or derricks, nor shall
they ride the hoisting hooks unless Illumination sufficient to provide
such method eliminates a greater haz- safe working conditions shall be pro-
ard. vided in and on all surface structures,
paths, walkways, stairways, switch
§ 56.16012 Storage of incompatible sub- panels, loading and dumping sites, and
stances. work areas.
Chemical substances, including con-
centrated acids and alkalies, shall be Subpart Q—Safety Programs
stored to prevent inadvertent contact
§ 56.18002 Examination of working
with each other or with other sub- places.
stances, where such contact could
cause a violent reaction or the libera- (a) A competent person designated by
tion of harmful fumes or gases. the operator shall examine each work-
ing place at least once each shift before
§ 56.16013 Working with molten metal. miners begin work in that place, for
conditions that may adversely affect
Suitable warning shall be given be- safety or health.
fore molten metal is poured and before (1) The operator shall promptly no-
a container of molten metal is moved. tify miners in any affected areas of any
conditions found that may adversely
§ 56.16014 Operator-carrying overhead
cranes. affect safety or health and promptly
initiate appropriate action to correct
Operator-carrying overhead cranes such conditions.
shall be provided with— (2) Conditions noted by the person
(a) Bumpers at each end of each rail; conducting the examination that may
(b) Automatic switches to halt present an imminent danger shall be
uptravel of the blocks before they brought to the immediate attention of
strike the hoist; the operator who shall withdraw all
(c) Effective audible warning signals persons from the area affected (except
within easy reach of the operator; and persons referred to in section 104(c) of
(d) A means to lock out the dis- the Federal Mine Safety and Health
connect switch. Act of 1977) until the danger is abated.
(b) A record of each examination
§ 56.16015 Work or travel on overhead shall be made before the end of the
crane bridges. shift for which the examination was
No person shall work from or travel conducted. The record shall contain
on the bridge of an overhead crane un- the name of the person conducting the
less the bridge is provided with sub- examination; date of the examination;
332
location of all areas examined; and de- § 56.18014 Emergency medical assist-
scription of each condition found that ance and transportation.
may adversely affect the safety or Arrangements shall be made in ad-
health of miners. vance for obtaining emergency medical
(c) When a condition that may ad- assistance and transportation for in-
versely affect safety or health is cor- jured persons.
rected, the examination record shall
include, or be supplemented to include, § 56.18020 Working alone.
the date of the corrective action. No employee shall be assigned, or al-
(d) The operator shall maintain the lowed, or be required to perform work
examination records for at least one alone in any area where hazardous con-
year, make the records available for in- ditions exist that would endanger his
spection by authorized representatives safety unless he can communicate with
of the Secretary and the representa- others, can be heard, or can be seen.
tives of miners, and provide these rep-
resentatives a copy on request. Subpart R—Personnel Hoisting
[84 FR 51401, Sept. 30, 2019] § 56.19000 Application.
§ 56.18006 New employees. (a) The hoisting standards in this
subpart apply to those hoists and ap-
New employees shall be indoctrinated purtenances used for hoisting persons.
in safety rules and safe work proce- However, where persons may be endan-
dures. gered by hoists and appurtenances used
solely for handling ore, rock, and mate-
§ 56.18009 Designation of person in rials, the appropriate standards should
charge. be applied.
When persons are working at the (b) Standards 56.19021 through 56.19028
mine, a competent person designated apply to wire ropes in service used to
by the mine operator shall be in at- hoist persons with an incline hoist on
tendance to take charge in case of an the surface.
emergency. (c) Emergency hoisting facilities
should conform to the extent possible
§ 56.18010 First aid. to safety requirements for other hoists,
and should be adequate to remove the
An individual capable of providing
persons from the mine with a minimum
first aid shall be available on all shifts.
of delay.
The individual shall be currently
trained and have the skills to perform HOISTS
patient assessment and artificial res-
piration; control bleeding; and treat § 56.19001 Rated capacities.
shock, wounds, burns, and musculo- Hoists shall have rated capacities
skeletal injuries. First aid training consistent with the loads handled and
shall be made available to all inter- the recommended safety factors of the
ested miners. ropes used.
[61 FR 50436, Sept. 26, 1996] § 56.19002 Anchoring.
§ 56.18012 Emergency telephone num- Hoists shall be anchored securely.
bers.
§ 56.19003 Driving mechanism connec-
Emergency telephone numbers shall tions.
be posted at appropriate telephones. Belt, rope, or chains shall not be used
to connect driving mechanisms to man
§ 56.18013 Emergency communications
hoists.
system.
A suitable communication system § 56.19004 Brakes.
shall be provided at the mine to obtain Any hoist used to hoist persons shall
assistance in the event of an emer- be equipped with a brake or brakes

gency. which shall be capable of holding its
333
§ 56.19005 30 CFR Ch. I (7–1–20 Edition)
fully loaded cage, skip, or bucket at § 56.19013 Diesel- and other fuel-injec-
any point in the shaft. tion-powered hoists.
Where any diesel or similar fuel-in-
§ 56.19005 Locking mechanism for jection engine is used to power a hoist,
clutch.
the engine shall be equipped with a
The operating mechanism of the damper or other cutoff in its air intake
clutch of every man-hoist drum shall system. The control handle shall be
be provided with a locking mechanism, clearly labeled to indicate that its in-
or interlocked electrically or mechani- tended function is for emergency stop-
cally with the brake to prevent acci- ping only.
dental withdrawal of the clutch.
§ 56.19014 Friction hoist overtravel
§ 56.19006 Automatic hoist braking de- protection.
vices. In a friction hoist installation, ta-
Automatic hoists shall be provided pered guides or other approved devices
with devices that automatically apply shall be installed above and below the
the brakes in the event of power fail- limits of regular travel of the convey-
ure. ance and arranged to prevent over-
travel in the event of failure of other
§ 56.19007 Overtravel and overspeed devices.
devices.
§ 56.19017 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-
§ 56.19008 Friction hoist synchronizing terbalance safely to rest. This switch
mechanisms. shall be located within reach of the
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- § 56.19018 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
§ 56.19009 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.
§ 56.19010 Location of hoist controls.
[50 FR 4054, Jan. 29, 1985; 50 FR 20100, May 14,
Hoist controls shall be placed or 1985]
housed so that the noise from machin-
ery or other sources will not prevent WIRE ROPES
hoistmen from hearing signals.
AUTHORITY: Sec. 101, Federal Mine Safety
§ 56.19011 Drum flanges. and Health Act of 1977, Pub. L. 91–173 as
amended by Pub. L. 95–164, 91 Stat. 1291 (30
Flanges on drums shall extend radi- U.S.C. 811).
ally a minimum of 4 inches or three
rope diameters beyond the last wrap, § 56.19021 Minimum rope strength.
whichever is the lesser. At installation, the nominal strength
(manufacturer’s published catalog
§ 56.19012 Grooved drums. strength) of wire ropes used for hoist-
Where grooved drums are used, the ing shall meet the minimum rope
grooves shall be of suitable size and strength values obtained by the fol-
pitch for the ropes used. lowing formulas in which ‘‘L’’ equals
334
the maximum suspended rope length in (c) At least once every six months,
feet: nondestructive tests shall be conducted
(a) Winding drum ropes (all construc- of the active length of the rope, or rope
tions, including rotation resistant). diameter measurements shall be
made—
For rope lengths less than 3,000 feet:
Minimum Value = Static
(1) Wherever wear is evident;
Load × (7.0–0.001L) (2) Where the hoist rope rests on
For rope lengths 3,000 feet or greater: sheaves at regular stopping points;
Minimum Value = Static Load × 4.0 (3) Where the hoist rope leaves the
drum at regular stopping points; and
(b) Friction drum ropes. (4) At drum crossover and change-of-
For rope lengths less than 4,000 feet: layer regions.
Minimum Value = Static (d) At the completion of each exam-
Load × (7.0–0.0005L) ination required by paragraph (a) of
For rope lengths 4,000 feet or greater: this section, the person making the ex-
Minimum Value = Static Load × 5.0 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 Rope × 7.0
paragraph (a) of this section is present,
§ 56.19022 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. [50 FR 4054, Jan. 29, 1985, as amended at 60
FR 33723, June 29, 1995]
FR 33723, June 29, 1995] § 56.19024 Retirement criteria.
Unless damage or deterioration is re-
§ 56.19023 Examinations.
moved by cutoff, wire ropes shall be re-
(a) At least once every fourteen cal- moved from service when any of the
endar days, each wire rope in service following conditions occurs:
shall be visually examined along its en- (a) The number of broken wires with-
tire active length for visible structural in a rope lay length, excluding filler
damage, corrosion, and improper lubri- wires, exceeds either—
cation or dressing. In addition, visual (1) Five percent of the total number
examination for wear and broken wires of wires; or
shall be made at stress points, includ- (2) Fifteen percent of the total num-
ing the area near attachments, where ber of wires within any strand.
the rope rests on sheaves, where the (b) On a regular lay rope, more than
rope leaves the drum, at drum cross- one broken wire in the valley between
overs, and at change-of-layer regions. strands in one rope lay length.
When any visible condition that results (c) A loss of more than one-third of
in a reduction of rope strength is the original diameter of the outer
present, the affected portion of the wires.
rope shall be examined on a daily basis. (d) Rope deterioration from corro-
(b) Before any person is hoisted with sion.
a newly installed wire rope or any wire (e) Distortion of the rope structure.
rope that has not been examined in the (f) Heat damage from any source.
previous fourteen calendar days, the (g) Diameter reduction due to wear
wire rope shall be examined in accord- that exceeds six percent of the baseline
ance with paragraph (a) of this section. diameter measurement.
335
§ 56.19025 30 CFR Ch. I (7–1–20 Edition)
(h) Loss of more than ten percent of § 56.19030 Safety device attachments.
rope strength as determined by non-
Safety device attachments to hoist
destructive testing.
ropes shall be selected, installed, and
§ 56.19025 Load end attachments. maintained according to manufactur-
ers’ specifications to minimize internal
(a) Wire rope shall be attached to the corrosion and weakening of the hoist
load by a method that develops at least rope.
80 percent of the nominal strength of
the rope. HEADFRAMES AND SHEAVES
(b) Except for terminations where use
of other materials is a design feature, § 56.19035 Headframe design.
zinc (spelter) shall be used for All headframes shall be constructed
socketing wire ropes. Design feature with suitable design considerations to
means either the manufacturer’s 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 § 56.19036 Headframe height.
using splices are prohibited. Headframes shall be high enough to
provide clearance for overtravel and
§ 56.19026 Drum end attachment. safe stopping of the conveyance.
(a) For drum end attachment, wire
§ 56.19037 Fleet angles.
rope shall be attached—
(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 § 56.19038 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 manufacturer’s 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 § 56.19045 Metal bonnets.
the rope is extended to its maximum Man cages and skips used for hoisting
working length. or lowering employees or other persons
§ 56.19027 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— § 56.19049 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 § 56.19050 Bucket requirements.
corrosion at an attachment. Buckets used to hoist persons during
vertical shaft sinking operations
§ 56.19028 End attachment replace- shall—
ment. (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;
336
(b) Have overhead protection when § 56.19062 Maximum acceleration and

the shaft depth exceeds 50 feet; deceleration.
(c) Have sufficient depth or a suit- Maximum normal operating accelera-
ably designed platform to transport tion and deceleration shall not exceed 6
persons safely in a standing position; feet per second per second. During
and emergency braking, the deceleration
(d) Have devices to prevent acci- shall not exceed 16 feet per second per
dental dumping where the bucket is second.
supported by a bail attached to its
lower half. § 56.19063 Persons allowed in hoist
room.
§ 56.19054 Rope guides. Only authorized persons shall be in
Where rope guides are used in shafts hoist rooms.
other than in shaft sinking operations,
the rope guides shall be a type of lock § 56.19065 Lowering conveyances by
coil construction. the brakes.
Conveyances shall not be lowered by
HOISTING PROCEDURES the brakes alone except during emer-
gencies.
§ 56.19055 Availability of hoist oper-
ator for manual hoists. § 56.19066 Maximum riders in a con-
When a manually operated hoist is veyance.
used, a qualified hoistman shall remain In shafts inclined over 45 degrees, the
within hearing of the telephone or sig- operator shall determine and post in
nal device at all times while any per- the conveyance or at each shaft station
son is underground. the maximum number of persons per-
mitted to ride in a hoisting conveyance
§ 56.19056 Availability of hoist oper- at any one time. Each person shall be
ator for automatic hoists. provided a minimum of 1.5 square feet
When automatic hoisting is used, a of floor space.
competent operator of the hoist shall
be readily available at or near the § 56.19067 Trips during shift changes.
hoisting device while any person is un- During shift changes, an authorized
derground. person shall be in charge of each trip in
which persons are hoisted.
§ 56.19057 Hoist operator’s physical fit-
ness. § 56.19068 Orderly conduct in convey-
No person shall operate a hoist un- ances.
less within the preceding 12 months he Persons shall enter, ride, and leave
has had a medical examination by a conveyances in an orderly manner.
qualified, licensed physician who shall
certify his fitness to perform this duty. § 56.19069 Entering and leaving con-
Such certification shall be available at veyances.
the mine. Persons shall not enter or leave con-
veyances which are in motion or after
§ 56.19058 Experienced hoist opera- a signal to move the conveyance has
tors. been given to the hoistman.
Only experienced hoistmen shall op-
erate the hoist except in cases of emer- § 56.19070 Closing cage doors or gates.
gency and in the training of new Cage doors or gates shall be closed
hoistmen. while persons are being hoisted; they
shall not be opened until the cage has
§ 56.19061 Maximum hoisting speeds. come to a stop.
The safe speed for hoisting persons
shall be determined for each shaft, and § 56.19071 Riding in skips or buckets.
this speed shall not be exceeded. Per- Persons shall not ride in skips or
sons should not be hoisted at a speed buckets with muck, supplies, mate-
faster than 2,500 feet per minute, ex- rials, or tools other than small hand
cept in an emergency. tools.
337
§ 56.19072 30 CFR Ch. I (7–1–20 Edition)
§ 56.19072 Skips and cages in same until a bucket reaches the guides.
compartment. When persons are hoisted, the signaling
When combinations of cages and devices shall be attended until the
skips are used in the same compart- crosshead has been engaged.
ment, the cages shall be enclosed to
§ 56.19079 Blocking mine cars.
protect personnel from flying material
and the hoist speed reduced to man- Where mine cars are hoisted by cage
speed as defined in standard 56.19061, or skip, means for blocking cars shall
but not to exceed 1,000 feet per minute. be provided at all landings and also on
Muck shall not be hoisted with per- the cage.
sonnel during shift changes.
§ 56.19080 Hoisting tools, timbers, and
§ 56.19073 Hoisting during shift other materials.
changes. When tools, timbers, or other mate-
Rock or supplies shall not be hoisted rials are being lowered or raised in a
in the same shaft as persons during shaft by means of a bucket, skip, or
shift changes, unless the compartments cage, they shall be secured or so placed
and dumping bins are partitioned to that they will not strike the sides of
prevent spillage into the cage compart- the shaft.
ment.
§ 56.19081 Conveyances not in use.
§ 56.19074 Riding the bail, rim, bonnet, When conveyances controlled by a
or crosshead. hoist operator are not in use, they
Persons shall not ride the bail, rim, shall be released and the conveyances
bonnet, or crosshead of any shaft con- shall be raised or lowered a suitable
veyance except when necessary for in- distance to prevent persons from
spection and maintenance, and then boarding or loading the conveyances.
only when suitable protection for per-
sons is provided. § 56.19083 Overtravel backout device.
A manually operated device shall be
§ 56.19075 Use of open hooks. 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
§ 56.19076 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.
§ 56.19077 Lowering buckets. SIGNALING
Buckets shall be stopped about 15
feet from the shaft bottom to await a § 56.19090 Dual signaling systems.
signal from one of the crew on the bot- There shall be at least two effective
tom for further lowering. approved methods of signaling between
each of the shaft stations and the hoist
§ 56.19078 Hoisting buckets from the room, one of which shall be a telephone
shaft bottom. or speaking tube.
All buckets shall be stopped after
being raised about 3 feet above the § 56.19091 Signaling instructions to
shaft bottom. A bucket shall be sta- hoist operator.
bilized before a hoisting signal is given Hoist operators shall accept hoisting
to continue hoisting the bucket to the instructions only by the regular sig-
crosshead. After a hoisting signal is naling system unless it is out of order.
given, hoisting to the crosshead shall In such an event, and during other
be at a minimum speed. The signaling emergencies, the hoist operator shall

device shall be attended constantly accept instructions to direct movement
338
of the conveyances only from author- § 56.19103 Dumping facilities and load-
ized persons. ing pockets.
Dumping facilities and loading pock-
§ 56.19092 Signaling from conveyances. ets shall be constructed so as to mini-
A method shall be provided to signal mize spillage into the shaft.
the hoist operator from cages or other
conveyances at any point in the shaft. § 56.19104 Clearance at shaft stations.
Suitable clearance at shaft stations
§ 56.19093 Standard signal code. shall be provided to allow safe move-
A standard code of hoisting signals ment of persons, equipment, and mate-
rials.
shall be adopted and used at each mine.
The movement of a shaft conveyance § 56.19105 Landings with more than
on a ‘‘one bell’’ signal is prohibited. one shaft entrance.
A safe means of passage around open
§ 56.19094 Posting signal code.
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 hoistman, and at each
place where signals are given or re- § 56.19106 Shaft sets.
ceived. Shaft sets shall be kept in good re-
pair and clean of hazardous material.
§ 56.19095 Location of signal devices.
§ 56.19107 Precautions for work in
Hoisting signal devices shall be posi- compartment affected by hoisting
tioned within easy reach of persons on operation.
the shaft bottom or constantly at- Hoistmen shall be informed when
tended by a person stationed on the persons are working in a compartment
lower deck of the sinking platform. affected by that hoisting operation and
a ‘‘Men Working in Shaft’’ sign shall be
§ 56.19096 Familiarity with signal posted at the hoist.
code.
Any person responsible for receiving § 56.19108 Posting warning signs dur-
or giving signals for cages, skips, and ing shaft work.
mantrips when persons or materials When persons are working in a shaft
are being transported shall be familiar ‘‘Men Working in Shaft’’ signs shall be
with the posted signaling code. posted at all devices controlling hoist-
ing operations that may endanger such
SHAFTS persons.
§ 56.19100 Shaft landing gates. § 56.19109 Shaft inspection and repair.

Shaft landings shall be equipped with Shaft inspection and repair work in
substantial safety gates so constructed vertical shafts shall be performed from
that materials will not go through or substantial platforms equipped with
bonnets or equivalent overhead protec-
under them; gates shall be closed ex-
tion.
cept when loading or unloading shaft
conveyances. § 56.19110 Overhead protection for
shaft deepening work.
§ 56.19101 Stopblocks and derail
switches. A substantial bulkhead or equivalent
protection shall be provided above per-
Positive stopblocks or a derail switch sons at work deepening a shaft.
shall be installed on all tracks leading
to a shaft collar or landing. § 56.19111 Shaft-sinking ladders.
Substantial fixed ladders shall be
§ 56.19102 Shaft guides. provided from the collar to as near the
shaft bottom as practical during shaft-
A means shall be provided to guide

the movement of a shaft conveyance. sinking operations, or an escape hoist
powered by an emergency power source
339
§ 56.19120 30 CFR Ch. I (7–1–20 Edition)
shall be provided. When persons are on (b) Any oversize or overweight mate-
the shaft bottom, a chain ladder, wire rial or equipment trips that might re-
rope ladder, or other extension ladders strict or obstruct conveyance clear-
shall be used from the fixed ladder or ance;
lower limit of the escape hoist to the (c) Blasting in or near the shaft that
shaft bottom. might restrict or obstruct conveyance
INSPECTION AND MAINTENANCE clearance; or
(d) Remaining idle for one shift or
§ 56.19120 Procedures for inspection, longer.
testing, and maintenance.
A systematic procedure of inspection, § 56.19131 Hoist conveyance connec-
testing, and maintenance of shafts and tions.
hoisting equipment shall be developed Hoist conveyance connections shall
and followed. If it is found or suspected be inspected at least once during any
that any part is not functioning prop- 24-hour period that the conveyance is
erly, the hoist shall not be used until used for hoisting persons.
the malfunction has been located and
repaired or adjustments have been § 56.19132 Safety catches.
made.
(a) A performance drop test of hoist
§ 56.19121 Recordkeeping. conveyance safety catches shall be
made at the time of installation, or
At the time of completion, the person
performing inspections, tests, and prior to installation, in a mockup of
maintenance of hoisting equipment re- the actual installation. The test shall
quired in standard 56.19120 shall cer- be certified to in writing by the manu-
tify, by signature and date, that they facturer or by a registered professional
have been done. A record of any part engineer performing the test.
that is not functioning properly shall (b) After installation and before use,
be made and dated. Certifications and and at the beginning of any seven day
records shall be retained for one year. period during which the conveyance is
(Sec. 101, Pub. L. 91–173 as amended by Pub. to be used, the conveyance shall be
L. 95–164, 91 Stat. 1291 (30 U.S.C. 811)) suitably rested and the hoist rope
slackened to test for the unrestricted
FR 33723, June 29, 1995] functioning of the safety catches and
their activating mechanisms.
§ 56.19122 Replacement parts. (c) The safety catches shall be in-
Parts used to repair hoists shall have spected by a competent person at the
properties that will ensure the proper beginning of any 24-hour period that
and safe function of the hoist. the conveyance is to be used.
§ 56.19129 Examinations and tests at § 56.19133 Shaft.

beginning of shift.
Shafts that have not been inspected
Hoistmen shall examine their hoists within the past 7 days shall not be used
and shall test overtravel, deadman con- until an inspection has been conducted
trols, position indicators, and braking
by a competent person.
mechanisms at the beginning of each
shift. § 56.19134 Sheaves.
§ 56.19130 Conveyance shaft test. Sheaves in operating shafts shall be
Before hoisting persons and to assure inspected weekly and kept properly lu-
that the hoisting compartments are bricated.
clear of obstructions, empty hoist con-
veyances shall be operated at least one § 56.19135 Rollers in inclined shafts.
round trip after: Rollers used in operating inclined
(a) Any hoist or shaft repairs or re- shafts shall be lubricated, properly
lated equipment repairs that might re-
aligned, and kept in good repair.

strict or obstruct conveyance clear-
ance;
340
Subpart S—Miscellaneous (b) The facilities shall be kept clean

and sanitary. Separate toilet facilities
§ 56.20001 Intoxicating beverages and shall be provided for each sex except
narcotics. where toilet rooms will be occupied by
Intoxicating beverages and narcotics no more than one person at a time and
shall not be permitted or used in or can be locked from the inside.
around mines. Persons under the influ-
ence of alcohol or narcotics shall not § 56.20009 Tests for explosive dusts.
be permitted on the job. Dusts suspected of being explosive
shall be tested for explosibility. If tests
§ 56.20002 Potable water. prove positive, appropriate control
(a) An adequate supply of potable measures shall be taken.
drinking water shall be provided at all
active working areas. § 56.20010 Retaining dams.
(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-
plied, a sanitary container for unused § 56.20011 Barricades and warning
cups and a receptacle for used cups signs.
shall be provided.
(d) When water is cooled by ice, the Areas where health or safety hazards
ice shall either be of potable water or exist that are not immediately obvious
shall not come in contact with the to employees shall be barricaded, or
water. warning signs shall be posted at all ap-
(e) Potable water outlets shall be proaches. Warning signs shall be read-
posted. ily visible, legible, and display the na-
(f) Potable water systems shall be ture of the hazard and any protective
constructed to prevent backflow or action required.
backsiphonage of non-potable water.
§ 56.20013 Waste receptacles.
§ 56.20003 Housekeeping. Receptacles with covers shall be pro-
At all mining operations— vided at suitable locations and used for
(a) Workplaces, passageways, store- the disposal of waste food and associ-
rooms, and service rooms shall be kept ated materials. They shall be emptied
clean and orderly; frequently and shall be maintained in a
(b) The floor of every workplace shall clean and sanitary condition.
be maintained in a clean and, so far as
possible, dry condition. Where wet § 56.20014 Prohibited areas for food
processes are used, drainage shall be and beverages.
maintained, and false floors, platforms, No person shall be allowed to con-
mats, or other dry standing places sume or store food or beverages in a
shall be provided where practicable; toilet room or in any area exposed to a
and toxic material.
(c) Every floor, working place, and
passageway shall be kept free from pro- PART 57—SAFETY AND HEALTH
truding nails, splinters, holes, or loose
boards, as practicable.
STANDARDS—UNDERGROUND
METAL AND NONMETAL MINES
§ 56.20005 Carbon tetrachloride.
Carbon tetrachloride shall not be Subpart A—General
used. Sec.
57.1 Purpose and scope.
§ 56.20008 Toilet facilities. 57.2 Definitions.
(a) Toilet facilities shall be provided
at locations that are compatible with PROCEDURES
the mine operations and that are read- 57.1000 Notification of commencement of
ily accessible to mine personnel. operations and closing of mines.
341
Subpart B—Ground Control FIREFIGHTING PROCEDURES/ALARMS/DRILLS

57.4330 Surface firefighting, evacuation, and
rescue procedures.
SCALING AND SUPPORT—SURFACE AND 57.4331 Surface firefighting drills.
UNDERGROUND 57.4360 Underground alarm systems.
57.4361 Underground evacuation drills.
57.3200 Correction of hazardous conditions. 57.4362 Underground rescue and firefighting
57.3201 Location for performing scaling. operations.
57.3202 Scaling tools. 57.4363 Underground evacuation instruction.
57.3203 Rock fixtures.
FLAMMABLE AND COMBUSTIBLE LIQUIDS AND
SCALING AND SUPPORT—UNDERGROUND ONLY GASES
57.3360 Ground support use. 57.4400 Use restrictions.
57.4401 Storage tank foundations.
PRECAUTIONS—SURFACE AND UNDERGROUND 57.4402 Safety can use.
57.4430 Surface storage facilities.
57.3400 Secondary breakage. 57.4431 Surface storage restrictions.
57.3401 Examination of ground conditions. 57.4460 Storage of flammable liquids under-
ground.
PRECAUTIONS—SURFACE ONLY 57.4461 Gasoline use restrictions under-
57.3430 Activity between machinery or ground.
equipment and the highwall or bank. 57.4462 Storage of combustible liquids un-
derground.
PRECAUTIONS—UNDERGROUND ONLY 57.4463 Liquefied petroleum gas use under-
ground.
57.3460 Maintenance between machinery or
equipment and ribs. INSTALLATION/CONSTRUCTION/MAINTENANCE
57.3461 Rock bursts.
57.4500 Heat sources.
Subpart C—Fire Prevention and Control 57.4501 Fuel lines.
57.4502 Battery-charging stations.
57.4000 Definitions. 57.4503 Conveyor belt slippage.
57.4011 Abandoned electric circuits. 57.4504 Fan installations.
57.4057 Underground trailing cables. 57.4505 Fuel lines to underground areas.
57.4530 Exits for surface buildings and struc-
PROHIBITIONS/PRECAUTIONS/HOUSEKEEPING tures.
57.4531 Surface flammable or combustible
57.4100 Smoking and use of open flames. liquid storage buildings or rooms.
57.4101 Warning signs. 57.4532 Blacksmith shops.
57.4102 Spillage and leakage. 57.4533 Mine opening vicinity.
57.4103 Fueling internal combustion en- 57.4560 Mine entrances.
gines. 57.4561 Stationary diesel equipment under-
57.4104 Combustible waste. ground.
57.4130 Surface electric substations and liq-
uid storage facilities. WELDING/CUTTING/COMPRESSED GASES
57.4131 Surface fan installations and mine 57.4600 Extinguishing equipment.
openings. 57.4601 Oxygen cylinder storage.
57.4160 Underground electric substations 57.4602 Gauges and regulators.
and liquid storage facilities. 57.4603 Closure of valves.
57.4161 Use of fire underground. 57.4604 Preparation of pipelines or con-
tainers.
FIREFIGHTING EQUIPMENT 57.4660 Work in shafts, raises, or winzes and
57.4200 General requirements. other activities involving hazard areas.
57.4201 Inspection. VENTILATION CONTROL MEASURES
57.4202 Fire hydrants.
57.4203 Extinguisher recharging or replace- 57.4760 Shaft mines.
ment. 57.4761 Underground shops.
57.4230 Surface self-propelled equipment. APPENDIX I TO SUBPART C OF PART 57—NA-
57.4260 Underground self-propelled equip- TIONAL CONSENSUS STANDARDS
ment.
57.4261 Shaft-station waterlines. Subpart D—Air Quality, Radiation, Physical
57.4262 Underground transformer stations, Agents, and Diesel Particulate Matter
combustible liquid storage and dis-
AIR QUALITY—SURFACE AND UNDERGROUND
pensing areas, pump rooms, compressor

rooms, and hoist rooms. 57.5001 Exposure limits for airborne con-
57.4263 Underground belt conveyors. taminants.
342
57.5002 Exposure monitoring. 57.6203 Locomotives.
57.5005 Control of exposure to airborne con- 57.6204 Hoists.
taminants. 57.6205 Conveying explosives by hand.
57.5006 Restricted use of chemicals.
USE—SURFACE AND UNDERGROUND
AIR QUALITY—SURFACE ONLY [RESERVED]
57.6300 Control of blasting operations.
AIR QUALITY—UNDERGROUND ONLY 57.6301 Blasthole obstruction check.
57.6302 Separation of explosive material.
57.5015 Oxygen deficiency. 57.6303 Initiation preparation.
57.6304 Primer protection.
RADIATION—UNDERGROUND ONLY
57.6305 Unused explosive material.
57.5037 Radon daughter exposure moni- 57.6306 Loading, blasting, and security.
toring. 57.6307 Drill stem loading.
57.5038 Annual exposure limits. 57.6308 Initiation systems.
57.5039 Maximum permissible concentra- 57.6309 Fuel oil requirements for ANFO.
tion. 57.6310 Misfire waiting period.
57.5040 Exposure records. 57.6311 Handling of misfires.
57.5041 Smoking prohibition. 57.6312 Secondary blasting.
57.5042 Revised exposure levels.
57.5044 Respirators. ELECTRIC BLASTING—SURFACE AND
57.5045 Posting of inactive workings. UNDERGROUND
57.5046 Protection against radon gas. 57.6400 Compatibility of electric detonators.
57.5047 Gamma radiation surveys. 57.6401 Shunting.
DIESEL PARTICULATE MATTER—UNDERGROUND 57.6402 Deenergized circuits near deto-
ONLY nators.
57.6403 Branch circuits.
57.5060 Limit on exposure to diesel particu- 57.6404 Separation of blasting circuits from
late matter. power source.
57.5061 Compliance determinations. 57.6405 Firing devices.
57.5065 Fueling practices. 57.6406 Duration of current flow.
57.5066 Maintenance standards. 57.6407 Circuit testing.
57.5067 Engines.
57.5070 Miner training. NONELECTRIC BLASTING—SURFACE AND
57.5071 Exposure monitoring. UNDERGROUND
57.5075 Diesel particulate records.
57.6500 Damaged initiating material.
57.6501 Nonelectric initiation systems.
Subpart E—Explosives
57.6502 Safety fuse.
EXTRANEOUS ELECTRICITY—SURFACE AND
STORAGE—SURFACE AND UNDERGROUND UNDERGROUND
57.6100 Separation of stored explosive mate- 57.6600 Loading practices.
rial. 57.6601 Grounding.
57.6101 Areas around explosive material 57.6602 Static electricity dissipation during
storage facilities. loading.
57.6102 Explosive material storage prac- 57.6603 Air gap.
tices. 57.6604 Precautions during storms.
57.6605 Isolation of blasting circuits.
STORAGE—SURFACE ONLY
EQUIPMENT/TOOLS—SURFACE AND
57.6130 Explosive material storage facilities. UNDERGROUND
57.6131 Location of explosive material stor-
age facilities. 57.6700 Nonsparking tools.
57.6132 Magazine requirements. 57.6701 Tamping and loading pole require-
57.6133 Powder chests. ments.
STORAGE—UNDERGROUND ONLY MAINTENANCE—SURFACE AND UNDERGROUND

57.6160 Main facilities. 57.6800 Storage facilities.
57.6161 Auxiliary facilities. 57.6801 Vehicle repair.
57.6802 Bulk delivery vehicles.
TRANSPORTATION—SURFACE AND 57.6803 Blasting lines.
UNDERGROUND
GENERAL REQUIREMENTS—SURFACE AND
57.6200 Delivery to storage or blast site
UNDERGROUND
areas.
57.6201 Separation of transported explosive 57.6900 Damaged or deteriorated explosive

material. material.
57.6202 Vehicles. 57.6901 Black powder.
343
57.6902 Excessive temperatures. 57.8535 Seals.
57.6903 Burning explosive material.
57.6904 Smoking and open flames. Subpart H—Loading, Hauling, and
57.6905 Protection of explosive material. Dumping
GENERAL REQUIREMENTS—UNDERGROUND TRAFFIC SAFETY
ONLY
57.9100 Traffic control.
57.6960 Mixing of explosive material. 57.9101 Operating speeds and control of
equipment.
Subpart F—Drilling and Rotary Jet Piercing 57.9102 Movement of independently oper-
ating rail equipment.
DRILLING—SURFACE ONLY 57.9103 Clearance on adjacent tracks.
57.7002 Equipment defects. 57.9104 Railroad crossings.
57.7003 Drill area inspection. 57.9160 Train movement during shift
57.7004 Drill mast. changes.
57.7005 Augers and drill stems.
57.7008 Moving the drill. TRANSPORTATION OF PERSONS AND MATERIALS
57.7009 Drill helpers. 57.9200 Transporting persons.
57.7010 Power failures. 57.9201 Loading, hauling, and unloading of
57.7011 Straightening crossed cables. equipment or supplies.
57.7012 Tending drills in operation. 57.9202 Loading and hauling large rocks.
57.7013 Covering or guarding drill holes. 57.9260 Supplies, materials, and tools on
57.7018 Hand clearance. mantrips.
57.9261 Transporting tools and materials on
DRILLING—UNDERGROUND ONLY locomotives.
57.7028 Hand clearance.
57.7032 Anchoring. SAFETY DEVICES, PROVISIONS, AND PROCE-
DURES FOR ROADWAYS, RAILROADS, AND
DRILLING—SURFACE AND UNDERGROUND LOADING AND DUMPING SITES
57.7050 Tool and drill steel racks. 57.9300 Berms or guardrails.
57.7051 Loose objects on the mast or drill 57.9301 Dump site restraints.
platform. 57.9302 Protection against moving or run-
57.7052 Drilling positions. away railroad equipment.
57.7053 Moving hand-held drills. 57.9303 Construction of ramps and dumping
57.7054 Starting or moving drill equipment. facilities.
57.7055 Intersecting holes. 57.9304 Unstable ground.
57.7056 Collaring in bootlegs. 57.9305 Truck spotters.
57.9306 Warning devices for restricted clear-
ROTARY JET PIERCING—SURFACE ONLY ances.
57.7801 Jet drills. 57.9307 Design, installation, and mainte-
57.7802 Oxygen hose lines. nance of railroads.
57.7803 Lighting the burner. 57.9308 Switch throws.
57.7804 Refueling. 57.9309 Chute design.
57.7805 Smoking and open flames. 57.9310 Chute hazards.
57.7806 Oxygen intake coupling. 57.9311 Anchoring stationary sizing devices.
57.7807 Flushing the combustion chamber. 57.9312 Working around drawholes.
57.9313 Roadway maintenance.
Subpart G—Ventilation 57.9314 Trimming stockpile and muckpile
faces.
SURFACE AND UNDERGROUND 57.9315 Dust control.
57.9316 Notifying the equipment operator.
57.8518 Main and booster fans.
57.9317 Suspended loads.
57.8519 Underground main fan controls.
57.9318 Getting on or off moving equipment.
UNDERGROUND ONLY 57.9319 Going over, under, or between rail-
cars.
57.8520 Ventilation plan. 57.9330 Clearance for surface equipment.
57.8525 Main fan maintenance. 57.9360 Shelter holes.
57.8527 Oxygen-deficiency testing. 57.9361 Drawholes.
57.8528 Unventilated areas. 57.9362 Protection of signalmen.
57.8529 Auxiliary fan systems.
57.8531 Construction and maintenance of Subpart I—Aerial Tramways
ventilation doors.
57.8532 Opening and closing ventilation 57.10001 Filling buckets.
doors. 57.10002 Inspection and maintenance.

57.8534 Shutdown or failure of auxiliary 57.10003 Correction of defects.
fans. 57.10004 Brakes.
344
57.10005 Track cable connections. 57.12005 Protection of power conductors
57.10006 Tower guards. from mobile equipment.
57.10007 Falling object protection. 57.12006 Distribution boxes.
57.10008 Riding tramways. 57.12007 Junction box connection proce-
57.10009 Riding loaded buckets. dures.
57.10010 Starting precautions. 57.12008 Insulation and fittings for power
wires and cables.
Subpart J—Travelways and Escapeways 57.12010 Isolation or insulation of commu-
nication conductors.
TRAVELWAYS—SURFACE AND UNDERGROUND 57.12011 High-potential electrical conduc-
tors.
57.11001 Safe access.
57.12012 Bare signal wires.
57.11002 Handrails and toeboards.
57.12013 Splices and repairs of power cables.
57.11003 Construction and maintenance of 57.12014 Handling energized power cables.
ladders. 57.12016 Work on electrically-powered
57.11004 Portable rigid ladders. equipment.
57.11005 Fixed ladder anchorage and toe 57.12017 Work on power circuits.
clearance. 57.12018 Identification of power switches.
57.11006 Fixed ladder landings. 57.12019 Access to stationary electrical
57.11007 Wooden components of ladders. equipment or switchgear.
57.11008 Restricted clearance. 57.12020 Protection of persons at
57.11009 Walkways along conveyors. switchgear.
57.11010 Stairstep clearance. 57.12021 Danger signs.
57.11011 Use of ladders. 57.12022 Authorized persons at major elec-
57.11012 Protection for openings around trical installations.
travelways. 57.12023 Guarding electrical connections and
57.11013 Conveyor crossovers. resistor grids.
57.11014 Crossing moving conveyors. 57.12025 Grounding circuit enclosures.
57.11016 Snow and ice on walkways and 57.12026 Grounding transformer and
travelways. switchgear enclosures.
57.11017 Inclined fixed ladders. 57.12027 Grounding mobile equipment.
57.12028 Testing grounding systems.
TRAVELWAYS—SURFACE ONLY 57.12030 Correction of dangerous conditions.
57.11025 Railed landings, backguards, and 57.12032 Inspection and cover plates.
other protection for fixed ladders. 57.12033 Hand-held electric tools.
57.11026 Protection for inclined fixed lad- 57.12034 Guarding around lights.
ders. 57.12035 Weatherproof lamp sockets.
57.11027 Scaffolds and working platforms. 57.12036 Fuse removal or replacement.
57.12037 Fuses in high-potential circuits.
TRAVELWAYS—UNDERGROUND ONLY 57.12038 Attachment of trailing cables.
57.12039 Protection of surplus trailing ca-
57.11036 Ladderway trap doors and guards. bles.
57.11037 Ladderway openings. 57.12040 Installation of operating controls.
57.11038 Entering a manway. 57.12041 Design of switches and starting
57.11040 Inclined travelways. boxes.
57.11041 Landings for inclined ladderways. 57.12042 Track bonding.
57.12045 Overhead powerlines.
ESCAPEWAYS—UNDERGROUND ONLY
57.12047 Guy wires.
57.11050 Escapeways and refuges. 57.12048 Communication conductors on
57.11051 Escape routes. power poles.
57.11052 Refuge areas. 57.12050 Installation of trolley wires.
57.11053 Escape and evacuation plans. 57.12053 Circuits powered from trolley wires.
57.11054 Communication with refuge cham-
bers. SURFACE ONLY
57.11055 Inclined escapeways. 57.12065 Short circuit and lightning protec-
57.11056 Emergency hoists. tion.
57.11058 Check-in, check-out system. 57.12066 Guarding trolley wires and bare
57.11059 Respirable atmosphere for hoist op- powerlines.
erators underground. 57.12067 Installation of transformers.
57.12068 Locking transformer enclosures.
Subpart K—Electricity 57.12069 Lightning protection for telephone
wires and ungrounded conductors.
SURFACE AND UNDERGROUND 57.12071 Movement or operation of equip-
57.12001 Circuit overload protection. ment near high-voltage powerlines.
57.12002 Controls and switches.

UNDERGROUND ONLY
57.12003 Trailing cable overload protection.
57.12004 Electrical conductors. 57.12080 Bare conductor guards.
345
57.12081 Bonding metal pipelines to ground SAFETY PRACTICES AND OPERATIONAL
return circuits. PROCEDURES
57.12082 Isolation of powerlines.
57.14200 Warnings prior to starting or mov-
57.12083 Support of power cables in shafts
ing equipment.
and boreholes.
57.14201 Conveyor start-up warnings.
57.12084 Branch circuit disconnecting de-
57.14202 Manual cleaning of conveyor pul-
vices.
leys.
57.12085 Transformer stations.
57.14203 Application of belt dressing.
57.12086 Location of trolley wire.
57.12088 Splicing trailing cables. 57.14204 Machinery lubrication.
57.14205 Machinery, equipment, and tools.
Subpart L—Compressed Air and Boilers 57.14206 Securing movable parts.
57.14207 Parking procedures for unattended
57.13001 General requirements for boilers equipment.
and pressure vessels. 57.14208 Warning devices.
57.13010 Reciprocating-type air compressors. 57.14209 Safety procedures for towing.
57.13011 Air receiver tanks. 57.14210 Movement of dippers, buckets, load-
57.13012 Compressor air intakes. ing booms, or suspended loads.
57.13015 Inspection of compressed-air receiv- 57.14211 Blocking equipment in a raised po-
ers and other unfired pressure vessels. sition.
57.13017 Compressor discharge pipes. 57.14212 Chains, ropes, and drive belts.
57.13019 Pressure system repairs. 57.14213 Ventilation and shielding for weld-
57.13020 Use of compressed air. ing.
57.13021 High-pressure hose connections. 57.14214 Train warnings.
57.13030 Boilers. 57.14215 Coupling or uncoupling cars.
57.14216 Backpoling.
Subpart M—Machinery and Equipment 57.14217 Securing parked railcars.
57.14218 Movement of equipment on adja-
57.14000 Definitions. cent tracks.
57.14219 Brakeman signals.
SAFETY DEVICES AND MAINTENANCE
REQUIREMENTS APPENDIX I TO SUBPART M OF PART 57—NA-
TIONAL CONSENSUS STANDARDS
57.14100 Safety defects; examination, cor-
rection and records. Subpart N—Personal Protection
57.14101 Brakes.
57.14102 Brakes for rail equipment. SURFACE AND UNDERGROUND
57.14103 Operators’ stations.
57.15001 First aid materials.
57.14104 Tire repairs.
57.14105 Procedures during repairs or main- 57.15002 Hard hats.
tenance. 57.15003 Protective footwear.
57.14106 Falling object protection. 57.15004 Eye protection.
57.14107 Moving machine parts. 57.15005 Safety belts and lines.
57.14108 Overhead drive belts. 57.15006 Protective equipment and clothing
57.14109 Unguarded conveyors with adjacent for hazards and irritants.
travelways. 57.15007 Protective equipment or clothing
57.14110 Flying or falling materials. for welding, cutting, or working with
57.14111 Slusher, backlash guards and secur- molten metal.
ing. 57.15014 Eye protection when operating
57.14112 Construction and maintenance of grinding wheels.
guards. SURFACE ONLY
57.14113 Inclined conveyors: backstops or
brakes. 57.15020 Life jackets and belts.
57.14114 Air valves for pneumatic equip-
ment. UNDERGROUND ONLY
57.14115 Stationary grinding machines. 57.15030 Provision and maintenance of self-
57.14116 Hand-held power tools. rescue devices.
57.14130 Roll-over protective structures 57.15031 Location of self-rescue devices.
(ROPS) and seat belts for surface equip-
ment. Subpart O—Materials Storage and
57.14131 Seat belts for surface haulage Handling
trucks.
57.14132 Horns and back-up alarms for sur- 57.16001 Stacking and storage of materials.
face equipment. 57.16002 Bins, hoppers, silos, tanks, and
57.14160 Mantrip trolley wire hazards under- surge piles.
ground. 57.16003 Storage of hazardous materials.

57.14161 Makeshift couplings. 57.16004 Containers for hazardous materials.
57.14162 Trip lights. 57.16005 Securing gas cylinders.
346
57.16006 Protection of gas cylinder valves. 57.19018 Overtravel by-pass switches.
57.16007 Taglines, hitches, and slings.
57.16009 Suspended loads. WIRE ROPES
57.16010 Dropping materials from overhead. 57.19019 Guide ropes.
57.16011 Riding hoisted loads or on the hoist 57.19021 Minimum rope strength.
hook. 57.19022 Initial measurement.
57.16012 Storage of incompatible substances. 57.19023 Examinations.
57.16013 Working with molten metal. 57.19024 Retirement criteria.
57.16014 Operator-carrying overhead cranes. 57.19025 Load end attachments.
57.16015 Work or travel on overhead crane
57.19026 Drum end attachment.
bridges.
57.19027 End attachment retermination.
57.16016 Lift trucks.
57.19028 End attachment replacement.
57.16017 Hoisting heavy equipment or mate-
57.19030 Safety device attachments.
rial.
HEADFRAMES AND SHEAVES
57.19035 Headframe design.
57.17001 Illumination of surface working 57.19036 Headframe height.
areas. 57.19037 Fleet angles.
57.17010 Electric lamps. 57.19038 Platforms around elevated head
sheaves.
Subpart Q—Safety Programs
CONVEYANCES
SURFACE AND UNDERGROUND
57.19045 Metal bonnets.
57.18002 Examination of working places. 57.19049 Hoisting persons in buckets.
57.18006 New employees. 57.19050 Bucket requirements.
57.18009 Designation of person in charge. 57.19054 Rope guides.
57.18010 First aid.
57.18012 Emergency telephone numbers. HOISTING PROCEDURES
57.18013 Emergency communications sys- 57.19055 Availability of hoist operator for
tem. manual hoists.
57.18014 Emergency medical assistance and 57.19056 Availability of hoist operator for
transportation. automatic hoists.
57.19057 Hoist operator’s physical fitness.
SURFACE ONLY
57.19058 Experienced hoist operators.
57.18020 Working alone. 57.19061 Maximum hoisting speeds.
57.19062 Maximum acceleration and decel-
UNDERGROUND ONLY eration.
57.18025 Working alone. 57.19063 Persons allowed in hoist room.
57.18028 Mine emergency and self-rescuer 57.19065 Lowering conveyances by the
training brakes.
57.19066 Maximum riders in a conveyance.
Subpart R—Personnel Hoisting 57.19067 Trips during shift changes.
57.19068 Orderly conduct in conveyances.
57.19000 Application. 57.19069 Entering and leaving conveyances.
57.19070 Closing cage doors or gates.
HOISTS 57.19071 Riding in skips or buckets.
57.19001 Rated capacities. 57.19072 Skips and cages in same compart-
57.19002 Anchoring. ment.
57.19003 Driving mechanism connections. 57.19073 Hoisting during shift changes.
57.19004 Brakes. 57.19074 Riding the bail, rim, bonnet, or
57.19005 Locking mechanism for clutch. crosshead.
57.19006 Automatic hoist braking devices. 57.19075 Use of open hooks.
57.19007 Overtravel and overspeed devices. 57.19076 Maximum speeds for hoisting per-
57.19008 Friction hoist synchronizing mech- sons in buckets.
anisms. 57.19077 Lowering buckets.
57.19009 Position indicator. 57.19078 Hoisting buckets from the shaft
57.19010 Location of hoist controls. bottom.
57.19011 Drum flanges. 57.19079 Blocking mine cars.
57.19012 Grooved drums. 57.19080 Hoisting tools, timbers, and other
57.19013 Diesel-and other fuel-injection-pow- materials.
ered hoists. 57.19081 Conveyances not in use.
57.19014 Friction hoist overtravel protec- 57.19083 Overtravel backout device.
tion.
SIGNALING
57.19017 Emergency braking for electric
hoists. 57.19090 Dual signaling systems.
347
57.19091 Signaling instructions to hoist op- 57.22002 Definitions.
erator.
57.19092 Signaling from conveyances. MINE CATEGORIZATION
57.19093 Standard signal code. 57.22003 Mine category or subcategory.
57.19094 Posting signal code. 57.22004 Category placement or change in
57.19095 Location of signal devices. placement.
57.19096 Familiarity with signal code. 57.22005 Notice and appeal of placement or
SHAFTS change in placement.
57.19100 Shaft landing gates. FIRE PREVENTION AND CONTROL

57.19101 Stopblocks and derail switches. 57.22101 Smoking (I-A, II-A, III, and V-A
57.19102 Shaft guides. mines).
57.19103 Dumping facilities and loading 57.22102 Smoking (I-C mines).
pockets. 57.22103 Open flames (I-A, II-A, III, and V-A
57.19104 Clearance at shaft stations.
mines).
57.19105 Landings with more than one shaft
57.22104 Open flames (I-C mines).
entrance.
57.22105 Smoking and open flames (IV
57.19106 Shaft sets.
mines).
57.19107 Precautions for work in compart-
57.22106 Dust containing volatile matter (I-
ment affected by hoisting operation.
C mines).
57.19108 Posting warning signs during shaft
work. VENTILATION
57.19109 Shaft inspection and repair.
57.19110 Overhead protection for shaft deep- 57.22201 Mechanical ventilation (I-A, I-B, I-
ening work. C, II-A, II-B, III, IV, V-A, and V-B mines).
57.19111 Shaft-sinking ladders. 57.22202 Main fans (I-A, I-B, I-C, II-A, III, V-
A, and V-B mines).
INSPECTION AND MAINTENANCE 57.22203 Main fan operation (I-C mines).
57.19120 Procedures for inspection, testing, 57.22204 Main fan operation and inspection
and maintenance. (I-A, II-A, III, and V-A mines).
57.19121 Recordkeeping. 57.22205 Doors on main fans (I-A, II-A, III,
57.19122 Replacement parts. and V-A mines).
57.19129 Examinations and tests at begin- 57.22206 Main ventilation failure (I-A, II-A,
ning of shift. III, and V-A mines).
57.19130 Conveyance shaft test. 57.22207 Booster fans (I-A, II-A, III, and V-A
57.19131 Hoist conveyance connections. mines).
57.19132 Safety catches. 57.22208 Auxiliary fans (I-A, II-A, III, and V-
57.19133 Shaft. A mines).
57.19134 Sheaves. 57.22209 Auxiliary fans (I-C mines).
57.19135 Rollers in inclined shafts. 57.22210 In-line filters (I-C mines).
57.22211 Air flow (I-A mines).
Subpart S—Miscellaneous 57.22212 Air flow (I-C, II-A, and V-A mines).
57.22213 Air flow (III mines).
57.20001 Intoxicating beverages and nar- 57.22214 Changes in ventilation (I-A, II-A,
cotics. III, and V-A mines).
57.20002 Potable water. 57.22215 Separation of intake and return air
57.20003 Housekeeping. (I-A, II-A, III, and V-A mines).
57.20005 Carbon tetrachloride. 57.22216 Separation of intake and return air
57.20008 Toilet facilities. (I-C mines).
57.20009 Tests for explosive dusts. 57.22217 Seals and stoppings (I-A, I-B and I-
57.20010 Retaining dams. C mines).
57.20011 Barricades and warning signs. 57.22218 Seals and stoppings (III, V-A, and
57.20013 Waste receptacles. V-B mines).
57.20014 Prohibited areas for food and bev- 57.22219 Seals and stoppings (II-A mines).
erages. 57.22220 Air passing unsealed areas (I-A, II-
57.20020 Unattended mine openings. A, III, and V-A mines).
57.20021 Abandoned mine openings. 57.22221 Overcast and undercast construc-
57.20031 Blasting underground in hazardous tion (I-A, II-A, III, and V-A mines).
areas. 57.22222 Ventilation materials (I-A, I-B, I-C,
57.20032 Two-way communication equip- II-A, III, V-A, and V-B mines).
ment for underground operations. 57.22223 Crosscuts before abandonment (III
mines).
Subpart T—Safety Standards for Methane 57.22224 Auxiliary equipment stations (I-A
in Metal and Nonmetal Mines and III mines).
57.22225 Auxiliary equipment stations (I-C

GENERAL
mines).
57.22001 Scope. 57.22226 Testing for methane (IV mines).
348
57.22227 Approved testing devices (I-A, I-B, 57.22602 Blasting from the surface (I-C
I-C, II-A, II-B, III, IV, V-A, and V-B mines).
mines). 57.22603 Blasting from the surface (II-A
57.22228 Preshift examination (I-A, I-C, II-A, mines).
III, and V-A mines). 57.22604 Blasting from the surface (II-B
57.22229 Weekly testing (I-A, III, and V-A mines).
mines). 57.22605 Blasting from the surface (V-A
57.22230 Weekly testing (II-A mines. mines).
57.22231 Actions at 0.25 percent methane (I- 57.22606 Explosive materials and blasting
B, II-B, V-B and VI mines). units (III mines).
57.22232 Actions at 0.5 percent methane (I-B, 57.22607 Blasting on shift (III mines).
II-A, II-B, IV, V-B, and VI mines).
57.22608 Secondary blasting (I-A, II-A, and
57.22233 Actions at 0.5 percent methane (I-C
V-A mines).
mines).
57.22234 Actions at 1.0 percent methane (I-A, APPENDIX I TO SUBPART T OF PART 57—
I-B, III, V-A, and V-B mines). STANDARD APPLICABILITY BY CATEGORY
57.22235 Actions at 1.0 percent methane (I-C, OR SUBCATEGORY
II-A, II-B, and IV mines). AUTHORITY: 30 U.S.C. 811.
57.22236 Actions at 1.0 percent methane (VI
mines). SOURCE: 50 FR 4082, Jan. 29, 1985, unless
57.22237 Actions at 2.0 to 2.5 percent meth- otherwise noted.
ane in bleeder systems (I-A and III
mines).
57.22238 Actions at 2.0 percent methane (I-B, Subpart A—General
II-B, V-B, and VI mines).
57.22239 Actions at 2.0 percent methane (IV § 57.1 Purpose and scope.
mines). This part 57 sets forth mandatory
57.22240 Actions at 2.0 percent methane (V-A safety and health standards for each
mines).
underground metal or nonmetal mine,
57.22241 Advance face boreholes (I-C mines).
including related surface operations,
EQUIPMENT subject to the Federal Mine Safety and
57.22301 Atmospheric monitoring systems
Health Act of 1977. The purpose of
(I-A, II-A, and V-A mines). these standards is the protection of
57.22302 Approved equipment (I-A and V-A life, the promotion of health and safe-
mines). ty, and the prevention of accidents.
57.22303 Approved equipment (I-C mines).
57.22304 Approved equipment (II-A mines). § 57.2 Definitions.
57.22305 Approved equipment (III mines).
57.22306 Methane monitors (I-A mines).
The following definitions apply to
57.22307 Methane monitors (II-A mines). this part. In addition definitions con-
57.22308 Methane monitors (III mines). tained in any subpart of part 57 apply
57.22309 Methane monitors (V-A mines). in that subpart. If inconsistent with
57.22310 Electrical cables (I-C mines). the general definitions in this section,
57.22311 Electrical cables (II-A mines). the definition in the subpart will apply
57.22312 Distribution boxes (II-A and V-A in that subpart:
mines).
Abandoned areas means areas in
57.22313 Explosion-protection systems (I-C
mines).
which work has been completed, no fur-
57.22314 Flow-control devices (V-A and V-B ther work is planned, and travel is not
mines). permitted.
57.22315 Self-contained breathing apparatus Abandoned mine means all work has
(V-A mines). stopped on the mine premises and an
office with a responsible person in
UNDERGROUND RETORTS
charge is no longer maintained at the
57.22401 Underground retorts (I-A and I-B mine.
mines).
Abandoned workings means deserted
ILLUMINATION mine areas in which further work is
not intended.
57.22501 Personal electric lamps (I-A, I-B, I-
C, II-A, II-B, III, IV, V-A, and V-B mines). Active workings means areas at, in, or
around a mine or plant where men
EXPLOSIVES work or travel.
57.22601 Blasting from the surface (I-A American Table of Distances means the
mines). current edition of ‘‘The American
349
§ 57.2 30 CFR Ch. I (7–1–20 Edition)
Table of Distances for Storage of Ex- meters) in all directions from loaded
plosives’’ published by the Institute of holes. A minimum distance of 30 feet
Makers of Explosives. (9.1 meters) may replace the 50-foot
Approved means tested and accepted (15.2-meter) requirement if the perim-
for a specific purpose by a nationally eter of loaded holes is demarcated with
recognized agency. a barrier. The 50-foot (15.2-meter) and
Attended means presence of an indi- alternative 30-foot (9.1-meter) require-
vidual or continuous monitoring to ments also apply in all directions along
prevent unauthorized entry or access. the full depth of the hole. In under-
In addition, areas containing explosive ground mines, at least 15 feet (4.6 me-
material at underground areas of a ters) of solid rib, pillar, or broken rock
mine can be considered attended when can be substituted for the 50-foot (15.2-
all access to the underground areas of meter) distance. In underground mines
the mine is secured from unauthorized utilizing a block-caving system or
entry. Vertical shafts shall be consid- similar system, at least 6 feet (1.8 me-
ered secure. Inclined shafts or adits ters) of solid rib or pillar, including
shall be considered secure when locked concrete reinforcement of at least 10
at the surface. inches (254 millimeters), with overall
Authorized person means a person ap- dimensions of not less than 6 feet (1.8
proved or assigned by mine manage- meters) may be substituted for the 50-
ment to perform a specific type of duty foot (15.2-meter) distance requirement.
or duties or to be at a specific location Blasting agent means any substance
or locations in the mine. classified as a blasting agent by the
Auxilary fan means a fan used to de- Department of Transportation in 49
liver air to a working place off the CFR 173.114(a) (44 FR 31182, May 31,
main airstream; generally used with 1979) which is incorporated by ref-
ventilation tubing. erence. This document is available for
Barricaded means obstructed to pre- inspection at each Metal and Nonmetal
vent the passage of persons, vehicles, Mine Safety and Health District Office
or flying materials. of the Mine Safety and Health Admin-
Barrier means a material object, or istration, and may be obtained from
objects that separates, keeps apart, or the U.S. Government Printing Office,
demarcates in a conspicuous manner Washington, DC 20402.
such as cones, a warning sign, or tape. Blasting area means the area near
Berm means a pile or mound of mate- blasting operations in which concus-
rial along an elevated roadway capable sion or flying material can reasonably
of moderating or limiting the force of a be expected to cause injury.
vehicle in order to impede the vehicle’s Blasting cap means a detonator which
passage over the bank of the roadway. is initiated by a safety fuse.
Blast area means the area in which Blasting circuit means the electrical
concussion (shock wave), flying mate- circuit used to fire one or more electric
rial, or gases from an explosion may blasting caps.
cause injury to persons. In determining Blasting switch means a switch used
the blast area, the following factors, to connect a power source to a blasting
shall be considered: circuit.
(1) Geology or material to be blasted. Blowout means a sudden, violent, re-
(2) Blast pattern. lease of gas or liquid due to the res-
(3) Burden, depth, diameter, and ervoir pressure in a petroleum mine.
angle of the holes. Booster means any unit of explosive
(4) Blasting experience of the mine. or blasting agent used for the purpose
(5) Delay system, powder factor, and of perpetuating or intensifying an ini-
pounds per delay. tial detonation.
(6) Type and amount of explosive ma- Booster fan means a fan installed in
terial. the main airstream or a split of the
(7) Type and amount of stemming. main airstream to increase airflow
Blast site means the area where explo- through a section or sections of a mine.
sive material is handled during load- Capped fuse means a length of safety
ing, including the perimeter formed by fuse to which a blasting cap has been
the loaded blastholes and 50 feet (15.2 attached.
350
Capped primer means a package or Electrical grounding means to connect

cartridge of explosives which is specifi- with the ground to make the earth part
cally designed to transmit detonation of the circuit.
to other explosives and which contains Employee means a person who works
a detonator. for wages or salary in the service of an
Circuit breaker means a device de- employer.
signed to open and close a circuit by Employer means a person or organiza-
nonautomatic means and to open the tion which hires one or more persons to
circuit automatically on a predeter- work for wages or salary.
mined overcurrent setting without in- Emulsion means an explosive material
jury to itself when properly applied containing substantial amounts of
within its rating. oxidizers dissolved in water droplets,
Combustible means capable of being surrounded by an immiscible fuel.
ignited and consumed by fire. Escapeway means a passageway by
Combustible material means a material which persons may leave a mine.
that, in the form in which it is used Explosive means any substance classi-
and under the conditions anticipated, fied as an explosive by the Department
will ignite, burn, support combustion of Transportation in 49 CFR 173.53,
or release flammable vapors when sub- 173.88 and 173.100 which are incor-
jected to fire or heat. Wood, paper, rub- porated by reference. Title 49 CFR is
ber, and plastics are examples of com- available for inspection at each Metal
bustible materials. and Nonmetal Mine Safety and Health
Company official means a member of District Office of the Mine Safety and
the company supervisory or technical Health Administration, and may be ob-
staff. tained from the U.S. Government
Competent person means a person hav- Printing Office, Washington, DC 20402.
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 nonelectric characteristics or structural integrity
short interval delay device for use in upon exposure to fire.
delaying blasts which are initiated by Flame spread rating means the numer-
detonating cord. ical designation that indicates the ex-
Detonating cord means a flexible cord tent flame will spread over the surface
containing a solid core of high explo- of a material during a specified period
sives. of time.
Detonator means any device con- Flammable means capable of being
taining a detonating charge that is easily ignited and of burning rapidly.
used to initiate an explosive and in- Flammable gas means a gas that will
cludes but is not limited to blasting burn in the normal concentrations of
caps, electric blasting caps and non- oxygen in the air.
electric instantaneous or delay blast- Flammable liquid a liquid that has a
ing caps. flash point below 100 °F (37.8 °C), a
Distribution box means a portable ap- vapor pressure not exceeding 40 pounds
paratus with an enclosure through per square inch (absolute) at 100 °F
which an electric circuit is carried to (37.8 °C), and is known as a Class I liq-
one or more cables from a single in- uid.
coming feed line; each cable circuit Flash point means the minimum tem-
being connected through individual perature at which sufficient vapor is
overcurrent protective devices. released by a liquid or solid to form a
Electric blasting cap means a deto- flammable vapor-air mixture at atmos-
nator designed for and capable of being pheric pressure.
initiated by means of an electric cur- Geological area means an area charac-

rent. terized by the presence of the same ore
351
§ 57.2 30 CFR Ch. I (7–1–20 Edition)
bodies, the same stratigraphic se- Office of Standards, Regulations, and

quence of beds, or the same ore-bearing Variances, 201 12th Street South, Ar-
geological formation. lington, VA 22202–5452; 202–693–9440; and
Highway means any public street, at all Metal and Nonmetal Mine Safety
public alley or public road. and Health District Offices, or avail-
High potential means more than 650 able for inspection at the National Ar-
volts. chives and Records Administration
Hoist means a power driven windlass (NARA). For information on the avail-
or drum used for raising ore, rock, or ability of this material at NARA, call
other material from a mine, and for 202–741–6030, or go to: http://
lowering or raising persons and mate- www.archives.gov/federallregister/
rial. codeloflfederallregulations/
Igniter cord means a fuse, cordlike in ibrllocations.html.
appearance, which burns progressively Lay means the distance parallel to
along its length with an external flame the axis of the rope in which a strand
at the zone of burning, and is used for makes one complete turn about the
lighting a series of safety fuses in the axis of the rope.
desired sequence. Loading means placing explosive ma-
Insulated means separated from other terial either in a blasthole or against
conducting surfaces by a dielectric sub- the material to be blasted.
stance permanently offering a high re- Low potential means 650 volts or less.
sistance to the passage of current and Magazine means a facility for the
to disruptive discharge through the storage of explosives, blasting agents,
substance. When any substance is said or detonators.
to be insulated, it is understood to be Main fan means a fan that controls
insulated in a manner suitable for the the entire airflow of the mine, or the
conditions to which it is subjected. airflow of one of the major air circuits.
Otherwise, it is, within the purpose of
Major electrical installation means an
this definition, uninsulated. Insulating
assemblage of stationary electrical
covering is one means for making the
equipment for the generation, trans-
conductor insulated.
mission, distribution, or conversion of
Insulation means a dielectric sub-
electrical power.
stance offering a high resistance to the
Mantrip means a trip on which per-
passage of current and to a disruptive
sons are transported to and from a
discharge through the substance.
work area.
Laminated partition means a partition
composed of the following material and Mill includes any ore mill, sampling
minimum nominal dimensions: 1⁄2-inch- works, concentrator, and any crushing,
thick plywood, 1⁄2-inch-thick gypsum grinding, or screening plant used at,
wallboard, 1⁄8-inch-thick low carbon and in connection with, an excavation
steel, and 1⁄4-inch-thick plywood, bond- or mine.
ed together in that order (IME–22 Box). Mine atmosphere means any point at
A laminated partition also includes al- least 12 inches away from the back,
ternative construction materials deface, rib, and floor in any mine; and ad-
scribed in the Institute of Makers of ditionally, in a Category IV mine, at
Explosives (IME) Safety Library Publi- least 3 feet laterally away from the col-
cation No. 22, ‘‘Recommendations for lar of a borehole which releases gas
the Safe Transportation of Detonators into a mine.
in a Vehicle with Other Explosive Ma- Mine opening means any opening or
terials’’ (May 1993), and the ‘‘Generic entrance from the surface into a mine.
Loading Guide for the IME–22 Con- Misfire means the complete or partial
tainer’’ (October 1993). The IME is lo- failure of a blasting charge to explode
cated at 1120 19th Street NW., Suite 310, as planned.
Washington, DC 20036–3605; 202–429–9280; Mobile equipment means wheeled,
https://www.ime.org. This incorporation skid-mounted, track-mounted, or rail-
by reference has been approved by the mounted equipment capable of moving
Director of the Federal Register in ac- or being moved.
cordance with 5 U.S.C. 552(a) and 1 CFR Multipurpose dry-chemical fire extin-
part 51. Copies are available at MSHA’s guisher means an extinguisher having a
352
rating of at least 2–A:10–B:C and con- ing sites for explosives other than
taining a nominal 4.5 pounds or more of blasting agents.
dry-chemical agent. Primer means a unit, package, or car-
Noncombustible material means a ma- tridge of explosives used to initiate
terial that, in the form in which it is other explosives or blasting agents, and
used and under the conditions antici- which contains a detonator.
pated, will not ignite, burn, support Reverse-current protection means a
combustion, or release flammable va- method or device used on direct-cur-
pors when subjected to fire or heat. rent circuits or equipment to prevent
Concrete, masonry block, brick, and the flow of current in a reverse direc-
steel are examples of noncombustible tion.
materials. Rock burst means a sudden and vio-
Non-electric delay blasting cap means a lent failure of overstressed rock result-
detonator with an integral delay ele- ing in the instantaneous release of
ment and capable of being initiated by large amounts of accumulated energy.
miniaturized detonating cord. Rock burst does not include a burst re-
Outburst means the sudden, violent sulting from pressurized mine gases.
release of solids and high-pressure oc- Rock fixture means any tensioned or
cluded gases, including methane in a nontensioned device or material in-
serted into the ground to strengthen or
domal salt mine.
support the ground.
Overburden means material of any
Roll protection means a framework,
nature, consolidated or unconsolidated,
safety canopy or similar protection for
that overlies a deposit of useful mate- the operator when equipment over-
rials or ores that are to be mined. turns.
Overload means that current which Safety can means an approved con-
will cause an excessive or dangerous tainer, of not over 5 gallons capacity,
temperature in the conductor or con- having a spring-closing lid and spout
ductor insulation. cover.
Permissible means a machine, mate- Safety fuse means a flexible cord con-
rial, apparatus, or device which has taining an internal burning medium by
been investigated, tested, and approved which fire is conveyed at a continuous
by the Bureau of Mines or the Mine and uniform rate for the purpose of fir-
Safety and Health Administration, and ing blasting caps or a black powder
is maintained in permissible condition. charge.
Potable water means water which Safety switch means a sectionalizing
shall meet the applicable minimum switch that also provides shunt protec-
health requirements for drinking water tion in blasting circuits between the
established by the State or community blasting switch and the shot area.
in which the mine is located or by the Scaling means removal of insecure
Environmental Protection Agency in 40 material from a face or highwall.
CFR part 141, pages 169–182 revised as of Secondary safety connection means a
July 1, 1977. Where no such require- second connection between a convey-
ments are applicable, the drinking ance and rope, intended to prevent the
water provided shall conform with the conveyance from running away or fall-
Public Health Service Drinking Water ing in the event the primary connec-
Standards, 42 CFR part 72, subpart J, tion fails.
pages 527–533, revised as of October 1, Shaft means a vertical or inclined
1976. Publications to which references shaft, a slope, incline, or winze.
are made in this definition are hereby Short circuit means an abnormal con-
made a part hereof. These incorporated nection of relatively low resistance,
publications are available for inspec- whether made accidentally or inten-
tion at each Metal and Nonmetal Mine tionally, between two points of dif-
Safety and Health District Office of the ference potential in a circuit.
Mine Safety and Health Administra- Slurry (as applied to blasting). See
tion. ‘‘Water gel.’’
Powder chest means a substantial, Storage facility means the entire class
nonconductive portable container of structures used to store explosive

equipped with a lid and used at blast- materials. A ‘‘storage facility’’ used to
353
§ 57.1000 30 CFR Ch. I (7–1–20 Edition)
store blasting agents corresponds to a operations, of the approximate or ac-

BATF Type 4 or 5 storage facility. tual date mine operation will com-
Storage tank means a container ex- mence. The notification shall include
ceeding 60 gallons in capacity used for the mine name, location, the company
the storage of flammable or combus- name, mailing address, person in
tible liquids. charge, and whether operations will be
Stray current means that portion of a continuous or intermittent. When any
total electric current that flows mine is closed, the person in charge
through paths other than the intended shall notify the nearest district office
circuit. as provided above and indicate whether
Substantial construction means con- the closure is temporary or permanent.
struction of such strength, material, [51 FR 36198, Oct. 8, 1986, as amended at 60 FR
and workmanship that the object will 33723, June 29, 1995; 60 FR 35695, July 11, 1995;
withstand all reasonable shock, wear, 71 FR 16667, Apr. 3, 2006]
and usage to which it will be subjected.
Suitable means that which fits, and Subpart B—Ground Control
has the qualities or qualifications to
meet a given purpose, occasion, condi-
tion, function, or circumstance.
Travelway means a passage, walk or SOURCE: 51 FR 36198, Oct. 8, 1986, unless
way regularly used and designated for otherwise noted.
persons to go from one place to an-
other.
Water gel or Slurry (as applied to The following definitions apply in
blasting) means an explosive or blast- this subpart.
ing agent containing substantial por- Travelway. A passage, walk, or
tions of water. haulageway regularly used or des-
Wet drilling means the continuous ap- ignated for persons to go from one
plication of water through the central place to another.
hole of hollow drill steel to the bottom [51 FR 36198, Oct. 8, 1986, as amended at 69 FR
of the drill hole. 38842, June 29, 2004]
Working level (WL) means any com-
bination of the short-lived radon SCALING AND SUPPORT—SURFACE AND
daughters in one liter of air that will UNDERGROUND
result in ultimate emission of 1.3 × 105
MeV (million electron volts) of poten- § 57.3200 Correction of hazardous con-
tial alpha energy, and exposure to ditions.
these radon daughters over a period of Ground conditions that create a haz-
time is expressed in terms of ‘‘working ard to persons shall be taken down or
level months’’ (WLM). Inhalation of air supported before other work or travel
containing a radon daughter con- is permitted in the affected area. Until
centration of 1 WL for 173 hours results corrective work is completed, the area
in an exposure of 1 WLM.’’ shall be posted with a warning against
Working place means any place in or entry and, when left unattended, a bar-
about a mine where work is being per- rier shall be installed to impede unau-
formed. thorized entry.
[69 FR 38840, June 29, 2004, as amended at 80 § 57.3201 Location for performing scal-
FR 52987, Sept. 2, 2015] ing.
PROCEDURES Scaling shall be performed from a lo-
cation which will not expose persons to
§ 57.1000 Notification of commence- injury from falling material, or other
ment of operations and closing of protection from falling material shall
mines. be provided.
The owner, operator, or person in
charge of any metal and nonmetal § 57.3202 Scaling tools.
mine shall notify the nearest MSHA Where manual scaling is performed, a
Metal and Nonmental Mine Safety and scaling bar shall be provided. This bar
Health district office before starting shall be of a length and design that will
354
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 F432–95, ‘‘Standard installation torque range, corrective
Specification for Roof and Rock Bolts action shall be taken.
and Accessories,’’ the mine operator (g) When grouted fixtures can be test-
shall— ed by applying torque, the first fixture
(1) Obtain a manufacturer’s certifi- installed in each work place shall be
cation that the material was manufac- tested to withstand 150 foot-pounds of
tured and tested in accordance with torque. Should it rotate in the hole, a
the specifications of ASTM F432–95; second fixture shall be tested in the
and same manner. If the second fixture also
(2) Make this certification available turns, corrective action shall be taken.
to an authorized representative of the (h) When other tensioned and nonten-
Secretary and to the representative of sioned fixtures are used, test methods
miners. shall be established and used to verify
(b) Fixtures and accessories not ad- their effectiveness.
dressed in ASTM F432–95 may be used (i) The mine operator shall certify
for ground support provided they— that tests were conducted and make
(1) Have been successful in sup- the certification available to an au-
porting the ground in an area with thorized representative of the Sec-
similar strata, opening dimensions and retary.
ground stresses in any mine; or
(2) Have been tested and shown to be [51 FR 36198, 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
SCALING AND SUPPORT—UNDERGROUND
similar strata, opening dimensions, and
ONLY
ground stresses as the area where the
fixtures are expected to be used. Dur- § 57.3360 Ground support use.
ing the test process, access to the test
area shall be limited to persons nec- Ground support shall be used where
essary to conduct the test. ground conditions, or mining experi-
(c) Bearing plates shall be used with ence in similar ground conditions in
fixtures when necessary for effective the mine, indicate that it is necessary.
ground support. When ground support is necessary, the
(d) The diameter of finishing bits support system shall be designed, in-
shall be within a tolerance of plus or stalled, and maintained to control the
minus 0.030 inch of the manufacturer’s ground in places where persons work or
recommended hole diameter for the an- travel in performing their assigned
chor used. When separate finishing bits tasks. Damaged, loosened, or dislodged
are used, they shall be distinguishable timber use for ground support which
from other bits. creates a hazard to persons shall be re-
(e) Damaged or deteriorated car- paired or replaced prior to any work or
tridges of grouting material shall not travel in the affected area.
be used.
(f) When rock bolts tensioned by PRECAUTIONS—SURFACE AND
torquing are used as a means of ground UNDERGROUND
support,
(1) Selected tension level shall be— § 57.3400 Secondary breakage.
(i) At least 50 percent of either the Prior to secondary breakage oper-
yield point of the bolt or anchorage ca- ations, the material to be broken,
pacity of the rock, whichever is less; other than hanging material, shall be
and positioned or blocked to prevent move-
(ii) No greater than the yield point of ment which would endanger persons in
the bolt or anchorage capacity of the the work area. Secondary breakage
rock. shall be performed from a location
355
§ 57.3401 30 CFR Ch. I (7–1–20 Edition)
which would not expose persons to dan- (1) Mining and operating procedures
ger. designed to reduce the occurrence of
rock bursts;
§ 57.3401 Examination of ground con- (2) Monitoring procedures where de-
ditions.
tection methods are used; and
Persons experienced in examining (3) Other measures to minimize expo-
and testing for loose ground shall be sure of persons to areas which are
designated by the mine operator. Ap- prone to rock bursts.
propriate supervisors or other des- (c) The plan shall be updated as con-
ignated persons shall examine and, ditions warrant.
where applicable, test ground condi-
(d) The plan shall be available to an
tions in areas where work is to be per-
formed, prior to work commencing,
after blasting, and as ground condi- retary and to miners or their rep-
tions warrant during the work shift. resentatives.
Underground haulageways and
travelways and surface area highwalls Subpart C—Fire Prevention and
and banks adjoining travelways shall Control
be examined weekly or more often if
changing ground conditions warrant. AUTHORITY: Sec. 101, Federal Mine Safety
and Health Act of 1977, Pub. L. 91–173 as
PRECAUTIONS—SURFACE ONLY amended by Pub. L. 95–164, 91 Stat. 1291 (30
U.S.C. 811).
§ 57.3430 Activity between machinery
or equipment and the highwall or
bank. § 57.4000 Definitions.
Persons shall not work or travel be- The following definitions apply in
tween machinery or equipment and the this subpart.
highwall or bank where the machinery Combustible liquids. Liquids having a
or equipment may hinder escape from flash point at or above 100 °F (37.8 °C).
falls or slides of the highwall or bank. They are divided into the following
Travel is permitted when necessary for classes:
persons to dismount. Class II liquids—those having flash points at
or above 100 °F (37.8 °C) and below 140 °F (60
PRECAUTIONS—UNDERGROUND ONLY °C).
Class IIIA liquids—those having flash points
§ 57.3460 Maintenance between ma-
chinery or equipment and ribs. at or above 140 °F (60 °C) and below 200 °F
(93.4 °C).
Persons shall not perform mainte- Class IIIB liquids—those having flash points
nance work between machinery or at or above 200 °F (93.4 °C).
equipment and ribs unless the area has
been tested and, when necessary, se- Escapeway. A designated passageway
cured. by which persons can leave an under-
ground mine.
§ 57.3461 Rock bursts. Flash point. The minimum tempera-
(a) Operators of mines which have ex- ture at which sufficient vapor is re-
perienced a rock burst shall— leased by a liquid to form a flammable
(1) Within twenty four hours report vapor-air mixture near the surface of
to the nearest MSHA office each rock the liquid.
burst which: Main fan. A fan that controls the en-
(i) Causes persons to be withdrawn; tire airflow of an underground mine or
(ii) Impairs ventilation; the airflow of one of the major air cir-
(iii) Impedes passage; or cuits of the mine.
(iv) Disrupts mining activity for Mine opening. Any opening or en-
more than one hour. trance from the surface into an under-
(2) Develop and implement a rock ground mine.
burst control plan within 90 days after Safety can. A container of not over
a rock burst has been experienced. five gallons capacity that is designed
(b) The plan shall include— to safely relieve internal pressure when
356
exposed to heat and has a spring-clos- placed in the following containers until
ing lid and spout cover. disposed of properly:
(1) Underground—covered metal con-
FR 32361, May 30, 2003; 69 FR 38842, June 29, tainers.
2004] (2) On the surface—covered metal
containers or equivalent containers
§ 57.4011 Abandoned electric circuits. with flame containment characteris-
Abandoned electric circuits shall be tics.
deenergized and isolated so that they
§ 57.4130 Surface electric substations
cannot become energized inadvert- and liquid storage facilities.
ently.
The requirements of this standard
§ 57.4057 Underground trailing cables. apply to surface areas only.
Underground trailing cables shall be (a) If a hazard to persons could be
accepted or approved by MSHA as created, no combustible materials shall
flame resistant. be stored or allowed to accumulate
within 25 feet of the following:
[57 FR 61223, Dec. 23, 1992] (1) Electric substations.
(2) Unburied, flammable or combus-
PROHIBITIONS/PRECAUTIONS/ tible liquid storage tanks.
HOUSEKEEPING (3) Any group of containers used for
§ 57.4100 Smoking and use of open storage of more than 60 gallons of flam-
flames. mable or combustible liquids.
(b) The area within the 25-foot perim-
No person shall smoke or use an open eter shall be kept free of dry vegeta-
flame where flammable or combustible tion.
liquids, including greases, or flam-
mable gases are— § 57.4131 Surface fan installations and
(a) Used or transported in a manner mine openings.
that could create a fire hazard; or (a) On the surface, no more than one
(b) Stored or handled. day’s supply of combustible materials
§ 57.4101 Warning signs. shall be stored within 100 feet of mine
openings or within 100 feet of fan in-
Readily visible signs prohibiting stallations used for underground ven-
smoking and open flames shall be post- tilation.
ed where a fire or explosion hazard ex- (b) the one-day supply shall be kept
ists. at least 25 feet away from any mine
opening except during transit into the
§ 57.4102 Spillage and leakage.
mine.
Flammable or combustible liquid (c) Dry vegetation shall not be per-
spillage or leakage shall be removed in mitted within 25 feet of mine openings.
a timely manner or controlled to pre-
vent a fire hazard. § 57.4160 Underground electric sub-
stations and liquid storage facili-
§ 57.4103 Fueling internal combustion ties.
engines. The requirements of this standard
Internal combustion engines shall be apply to underground areas only.
switched off before refueling if the fuel (a) Areas within 25 feet of the fol-
tanks are integral parts of the equip- lowing shall be free of combustible ma-
ment. This standard does not apply to terials:
diesel-powered equipment. (1) Electric substations.
(2) Unburied, combustible liquid stor-
§ 57.4104 Combustible waste. age tanks.
(a) Waste materials, including liq- (3) Any group of containers used for
uids, shall not accumulate in quan- storage of more than 60 gallons of com-
tities that could create a fire hazard. bustible liquids.
(b) Waste or rags containing flam- (b) This standard does not apply to
mable or combustible liquids that installed wiring or timber that is coat-

could create a fire hazard shall be ed with at least one inch of shotcrete,
357
§ 57.4161 30 CFR Ch. I (7–1–20 Edition)
one-half inch of gunite, or other non- three months for damage or deteriora-
combustible materials with equivalent tion and use-tested at least once every
fire protection characteristics. twelve months to determine that they
remain functional.
§ 57.4161 Use of fire underground. (5) Fire suppression systems shall be
Fires shall not be lit underground, inspected at least once every twelve
except for open-flame torches. Torches months. An inspection schedule based
shall be attended at all times while lit. on the manufacturer’s specifications or
the equivalent shall be established for
FIREFIGHTING EQUIPMENT individual components of a system and
followed to determine that the system
§ 57.4200 General requirements.
remains functional. Surface fire sup-
(a) For fighting fires that could en- pression systems are exempt from
danger persons, each mine shall have— these inspection requirements if the
(1) Onsite firefighting equipment for systems are used solely for the protec-
fighting fires in their early stages; and tion of property and no persons would
(2) Onsite firefighting equipment for be affected by a fire.
fighting fires beyond their early stages, (b) At the completion of each inspec-
or the mine shall have made prior ar- tion or test required by this standard,
rangements with a local fire depart- the person making the inspection or
ment to fight such fires. test shall certify that the inspection or
(b) This onsite firefighting equip- test has been made and the date on
ment shall be— which it was made. Certifications of
(1) Of the type, size, and quantity hydrostatic testing shall be retained
that can extinguish fires of any class until the fire extinguisher is retested
which would occur as a result of the or permanently removed from service.
hazards present; and Other certifications shall be retained
(2) Strategically located, readily ac- for one year.
cessible, plainly marked, and main-
tained in fire-ready condition. TABLE C–1—HYDROSTATIC TEST INTERVALS
FOR FIRE EXTINGUISHERS
FR 20100, May 14, 1985] Test in-
Extinguisher type terval
§ 57.4201 Inspection. (years)
(a) Firefighting equipment shall be Soda Acid .............................................................. 5

inspected according to the following Cartridge-Operated Water and/or Antifreeze ........ 5
Stored-Pressure Water and/or Antifreeze ............. 5
schedules: Wetting Agent ........................................................ 5
(1) Fire extinguishers shall be in- Foam ...................................................................... 5
spected visually at least once a month AFFF (Aqueous Film Forming Foam) ................... 5
to determine that they are fully Loaded Stream ...................................................... 5
Dry-Chemical with Stainless Steel Shells ............. 5
charged and operable. Carbon Dioxide ...................................................... 5
(2) At least once every twelve Dry-Chemical, Stored Pressure, with Mild Steel
months, maintenance checks shall be Shells, Brazed Brass Shells, or Aluminum
Shells ................................................................. 12
made of mechanical parts, the amount Dry-Chemical, Cartridge or Cylinder Operated,
and condition of extinguishing agent with Mild Steel Shells ......................................... 12
and expellant, and the condition of the Bromotrifluoromethane-Halon 1301 ...................... 12
hose, nozzle, and vessel to determine Bromochlorodifluoromethane-Halon 1211 ............. 12
Dry-Powder, Cartridge or Cylinder-Operated, with
that the fire extinguishers will operate Mild Steel Shells 1 .............................................. 12
effectively. 1 Exceptfor stainless steel and steel used for compressed
(3) Fire extinguishers shall be gas cylinders, all other steel shells are defined as ‘‘mild steel’’
hydrostatically tested according to shells.
Table C–1 or a schedule based on the
manufacturer’s specifications to deter- § 57.4202 Fire hydrants.
mine the integrity of extinguishing If fire hydrants are part of the mine’s
agent vessels. firefighting system, the hydrants shall
(4) Water pipes, valves, outlets, hy- be provided with—
drants, and hoses that are part of the (a) Uniform fittings or readily avail-
mine’s firefighting system shall be vis- able adapters for onsite firefighting
ually inspected at least once every equipment;
358
(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
part of the mine’s fire protection sys-
§ 57.4203 Extinguisher recharging or tem shall have at least one fitting lo-
replacement.
cated for, and capable of, immediate
Fire extinguishers shall be recharged connection to firefighting equipment.
or replaced with a fully charged extin-
guisher promptly after any discharge. § 57.4262 Underground transformer
stations, combustible liquid storage
§ 57.4230 Surface self-propelled equip- and dispensing areas, pump rooms,
ment. compressor rooms, and hoist rooms.
(a)(1) Whenever a fire or its effects Transformer stations, storage and
could impede escape from self-propelled dispensing areas for combustible liq-
equipment, a fire extinguisher shall be uids, pump rooms, compressor rooms,
on the equipment. and hoist rooms shall be provided with
(2) Whenever a fire or its effects fire protection of a type, size, and
would not impede escape from the quantity that can extinguish fires of
equipment but could affect the escape any class in their early stages which
of other persons in the area, a fire ex- could occur as a result of the hazards
tinguisher shall be on the equipment or present.
within 100 feet of the equipment.
(b) A fire suppression system may be § 57.4263 Underground belt conveyors.
used as an alternative to fire extin- Fire protection shall be provided at
guishers if the system can be manually the head, tail, drive, and take-up pul-
activated. leys of underground belt conveyors.
(c) Fire extinguishers or fire suppres- Provisions shall be made for extin-
sion systems shall be of a type and size guishing fires along the beltline. Fire
that can extinguish fires of any class in protection shall be of a type, size, and
their early stages which could origi- quantity that can extinguish fires of
nate from the equipment’s inherent any class in their early stages which
fire hazards. Fire extinguishers or could occur as a result of the fire haz-
manual actuators for the suppression ards present.
system shall be located to permit their
use by persons whose escape could be FIREFIGHTING PROCEDURES/ALARMS/
impeded by fire. DRILLS
§ 57.4260 Underground self-propelled § 57.4330 Surface firefighting, evacu-

equipment. ation, and rescue procedures.
(a) Whenever self-propelled equip- (a) Mine operators shall establish
ment is used underground, a fire extin- emergency firefighting, evacuation,
guisher shall be on the equipment. This and rescue procedures for the surface
standard does not apply to compressed- portions of their operations. These pro-
air powered equipment without inher- cedures shall be coordinated in advance
ent fire hazards. with available firefighting organiza-
(b) A fire suppression system may be tions.
used as an alternative to fire extin- (b) Fire alarm procedures or systems
guishers if the system can be manually shall be established to promptly warn
actuated. every person who could be endangered
(c) Fire extinguishers or fire suppres- by a fire.
sion systems shall be of a type and size (c) Fire alarm systems shall be main-
that can extinguish fires of any class in tained in operable condition.
their early stages which could origi-
nate from the equipment’s inherent § 57.4331 Surface firefighting drills.
fire hazards. The fire extinguishers or Emergency firefighting drills shall be

the manual actuator for the suppres- held at least once every six months for
359
§ 57.4360 30 CFR Ch. I (7–1–20 Edition)
persons assigned surface firefighting dures and fire warning signals in effect
responsibilities by the mine operator. at the mine.
(b) Whenever a change is made in es-
§ 57.4360 Underground alarm systems. cape and evacuation plans and proce-
(a) Fire alarm systems capable of dures for any area of the mine, all per-
promptly warning every person under- sons affected shall be instructed in the
ground, except as provided in para- new plans or procedures.
graph (b), shall be provided and main- (c) Whenever persons are assigned to
tained in operating condition. work in areas other than their regu-
(b) If persons are assigned to work larly assigned areas, they shall be in-
areas beyond the warning capabilities structed about the escapeway for that
of the system, provisions shall be made area at the time of such assignment.
to alert them in a manner to provide However, persons who normally work
for their safe evacuation in the event in more than one area of the mine shall
of a fire. be instructed at least once every
twelve months about the location of
§ 57.4361 Underground evacuation escapeways for all areas of the mine in
drills. which they normally work or travel.
(a) At least once every six months, (d) At the completion of any instruc-
mine evacuation drills shall be held to tion given under this standard, the
assess the ability of all persons under- mine operator shall certify the date
ground to reach the surface or other that the instruction was given. Certifi-
designated points of safety within the cations shall be retained for at least
time limits of the self-rescue devices one year.
that would be used during an actual
FLAMMABLE AND COMBUSTIBLE LIQUIDS
emergency.
AND GASES
(b) The evacuation drills shall—
(1) Be held for each shift at some § 57.4400 Use restrictions.
time other than a shift change and in-
volve all persons underground; (a) Flammable liquids shall not be
(2) Involve activation of the fire used for cleaning.
alarm system; and (b) Solvents shall not be used near an
(3) Include evacuation of all persons open flame or other ignition source,
from their work areas to the surface or near any source of heat, or in an at-
to designated central evacuation mosphere that can elevate the tem-
points. perature of the solvent above the flash
point.
(c) At the completion of each drill,
the mine operator shall certify the § 57.4401 Storage tank foundations.
date and the time the evacuation began
and ended. Certifications shall be re- Fixed, unburied, flammable or com-
tained for at least one year after each bustible liquid storage tanks shall be
drill. securely mounted on firm foundations.
Piping shall be provided with flexible
§ 57.4362 Underground rescue and fire- connections or other special fittings
fighting operations. where necessary to prevent leaks
Following evacuation of a mine in a caused by tanks settling.
fire emergency, only persons wearing § 57.4402 Safety can use.
and trained in the use of mine rescue
apparatus shall participate in rescue Small quantities of flammable liq-
and firefighting operations in advance uids drawn from storage shall be kept
of the fresh air base. in safety cans labeled to indicate the
contents.
§ 57.4363 Underground evacuation in-
struction. § 57.4430 Surface storage facilities.
(a) At least once every twelve The requirements of this standard
months, all persons who work under- apply to surface areas only.
ground shall be instructed in the es- (a) Storage tanks for flammable or
cape and evacuation plans and proce- combustible liquids shall be—
360
(1) Capable of withstanding working heat source, and each cabinet shall be
pressures and stresses and compatible labeled ‘‘flammables.’’
with the type of liquid stored; (2) Combustible liquids in closed con-
(2) Maintained in a manner that pre- tainers. The containers shall be kept
vents leakage; away from any heat source and the
(3) Isolated or separated from igni- hoist operator’s work station.
tion sources to prevent fire or explo-
sion; and § 57.4460 Storage of flammable liquids
underground.
(4) Vented or otherwise constructed
to prevent development of pressure or (a) Flammable liquids shall not be
vacuum as a result of filling, emptying, stored underground, except—
or atmospheric temperature changes. (1) Small quantities stored in tightly
Vents for storage of Class I, II, or IIIA closed cabinets away from any heat
liquids shall be isolated or separated source. The small quantities shall be
from ignition sources. These pressure stored in safety cans or in non-glass
relief requirements do not apply to containers of a capacity equal to or
tanks used for storage of Class IIIB liq- less than a safety can. Each cabinet
uids that are larger than 12,000 gallons shall be labeled ‘‘flammables.’’
in capacity. (2) Acetylene and liquefied petroleum
(b) All piping, valves, and fittings gases stored in containers designed for
shall be— that specific purpose.
(1) Capable of withstanding working (b) Gasoline shall not be stored un-
pressures and stresses; derground in any quantity.
(2) Compatible with the type of liquid § 57.4461 Gasoline use restrictions un-
stored; and derground.
(3) Maintained in a manner that pre-
vents leakage. If gasoline is used underground to
power internal combustion engines—
(c) Fixed, unburied tanks located
(a) The mine shall be nongassy and
where escaping liquid could present a
shall have multiple horizontal or in-
hazard to persons shall be provided
clined roadways from the surface large
with—
enough to accommodate vehicular traf-
(1) Containment for the entire capac-
fic;
ity of the largest tank; or
(b) All roadways and other openings
(2) Drainage to a remote impound- shall connect with another opening
ment area that does not endanger per- every 100 feet by a passage large
sons. However, storage of only Class enough to accommodate any vehicle in
IIIB liquids does not require contain- the mine or alternate routes shall pro-
ment or drainage to remote impound- vide equivalent escape capabilities; and
ment. (c) No roadway or other opening shall
§ 57.4431 Surface storage restrictions. be supported or lined with wood or
other combustible materials.
(a) On the surface, no unburied flam-
mable or combustible liquids or flam- § 57.4462 Storage of combustible liq-
mable gases shall be stored within 100 uids underground.
feet of the following: The requirements of this standard
(1) Mine openings or structures at- apply to underground areas only.
tached to mine openings. (a) Combustible liquids, including oil
(2) Fan installations for underground or grease, shall be stored in non-glass
ventilation. containers or storage tanks. The con-
(3) Hoist houses. tainers or storage tanks shall be—
(b) Under this standard, the following (1) Capable of withstanding working
may be present in the hoist house in pressures and stresses and compatible
quantities necessary for the day-to-day with the type of liquid stored;
maintenance of the hoist machinery: (2) Maintained in a manner that pre-
(1) Flammable liquids in safety cans vents leakage;
or in other containers placed in tightly (3) Located in areas free of combus-
closed cabinets. The safety cans and tible materials or in areas where any
cabinets shall be kept away from any exposed combustible materials are
361
§ 57.4463 30 CFR Ch. I (7–1–20 Edition)
coated with one inch of shotcrete, one- § 57.4502 Battery-charging stations.

half inch of gunite, or other non- (a) Battery-charging stations shall be
combustible material with equivalent ventilated with a sufficient volume of
fire protection characteristics; and air to prevent the accumulation of hy-
(4) Separated from explosives or drogen gas.
blasting agents, shaft stations, and ig- (b) Smoking, use of open flames, or
nition sources including electric equip- other activities that could create an ig-
ment that could create sufficient heat nition source shall be prohibited at the
or sparks to pose a fire hazard. Separa- battery charging station during bat-
tion shall be sufficient to prevent the tery charging.
occurrence or minimize the spread of (c) Readily visible signs prohibiting
fire. smoking or open flames shall be posted
(b) Storage tanks shall be vented or at battery-charging stations during
otherwise constructed to prevent devel- battery charging.
opment of pressure or vacuum as a re- § 57.4503 Conveyor belt slippage.
sult of filling, emptying, or atmos-
(a) Surface belt conveyors within
pheric temperature changes. Vents for
confined areas where evacuation would
storage of Class II or IIIA liquids shall
be restricted in the event of a fire re-
be isolated or separated from ignition sulting from belt-slippage shall be
sources. equipped with a detection system capa-
(c) At permanent storage areas for ble of automatically stopping the drive
combustible liquids, means shall be pulley.
provided for confinement or removal of (b) Underground belt conveyors shall
the contents of the largest storage be equipped with a detection system
tank in the event of tank rupture. capable of automatically stopping the
(d) All piping, valves, and fittings drive pulley if slippage could cause ig-
shall be: nition of the belt.
(1) Capable of withstanding working (c) A person shall attend the belt at
pressures and stresses; the drive pulley when it is necessary to
(2) Compatible with the type of liquid operate the conveyor while tempo-
rarily bypassing the automatic func-
stored; and
tion.
(3) Maintained in a manner which
prevents leakage. § 57.4504 Fan installations.
§ 57.4463 Liquefied petroleum gas use (a) Fan houses, fan bulkheads for
underground. main and booster fans, and air ducts
connecting main fans to underground
Use of liquefied petroleum gases un- openings shall be constructed of non-
derground shall be limited to mainte- combustible materials.
nance work. (b) Areas within 25 feet of main fans
or booster fans shall be free of combus-
INSTALLATION/CONSTRUCTION/ tible materials, except installed wir-
MAINTENANCE ing, ground and track support,
headframes, and direct-fired heaters.
§ 57.4500 Heat sources. Other timber shall be coated with one
Heat sources capable of producing inch of shotcrete, one-half inch of gun-
combustion shall be separated from ite, or other noncombustible materials.
combustible materials if a fire hazard
§ 57.4505 Fuel lines to underground
could be created. areas.
§ 57.4501 Fuel lines. Fuel lines into underground storage
or dispensing areas shall be drained at
Fuel lines shall be equipped with the completion of each transfer of fuel
valves capable of stopping the flow of unless the following requirements are
fuel at the source and shall be located met:
and maintained to minimize fire haz- (a) The valve at the supply source
ards. This standard does not apply to shall be kept closed when fuel is not
fuel lines on self-propelled equipment. being transferred.
362
(b) The fuel line shall be— accumulation of the products of com-
(1) Capable of withstanding working bustion; and
pressures and stresses; (c) Inspected for smoldering fires at
(2) Located to prevent damage; and the end of each shift.
(3) Located in areas free of combus-
tible materials or in areas where any § 57.4533 Mine opening vicinity.
exposed combustible materials are Surface buildings or other similar
coated with one inch of shotcrete, one- structures within 100 feet of mine open-
half inch of gunite, or other non- ings used for intake air or within 100
combustible material with equivalent feet of mine openings that are des-
fire protection characteristics.
ignated escapeways in exhaust air shall
(c) Provisions shall be made for con- be—
trol or containment of the entire vol-
(a) Constructed of noncombustible
ume of the fuel line so that leakage
will not create a fire hazard. materials; or
(b) Constructed to meet a fire resist-
§ 57.4530 Exits for surface buildings ance rating of no less than one hour; or
and structures. (c) Provided with an automatic fire
Surface buildings or structures in suppression system; or
which persons work shall have a suffi- (d) Covered on all combustible inte-
cient number of exits to permit prompt rior and exterior structural surfaces
escape in case of fire. with noncombustible material or lim-
ited combustible material, such as five-
§ 57.4531 Surface flammable or com- eighth inch, type ‘‘X’’ gypsum wall-
bustible liquid storage buildings or board.
rooms.
(a) Surface storage buildings or stor- § 57.4560 Mine entrances.
age rooms in which flammable or com- For at least 200 feet inside the mine
bustible liquids, including grease, are portal or collar timber used for ground
stored and that are within 100 feet of support in intake openings and in ex-
any person’s work station shall be ven- haust openings that are designated as
tilated with a sufficient volume of air
escapeways shall be—
to prevent the accumulation of flam-
mable vapors. (a) Provided with a fire suppression
(b) In addition, the buildings or system, other than fire extinguishers
rooms shall be— and water hoses, capable of controlling
(1) Constructed to meet a fire resist- a fire in its early stages; or
ance rating of at least one hour; or (b) Covered with shotcrete, gunite, or
(2) Equipped with an automatic fire other material with equivalent fire
suppression system; or protection characteristics; or
(3) Equipped with an early warning (c) Coated with fire-retardant paint
fire detection device that will alert any or other material to reduce its flame
person who could be endangered by a spread rating to 25 or less and main-
fire, provided that no person’s work tained in that condition.
station is in the building. [50 FR 4082, Jan. 29, 1985, as amended at 50
(c) Flammable or combustible liquids FR 20100, May 14, 1985]
in use for day-to-day maintenance and
operational activities are not consid- § 57.4561 Stationary diesel equipment
ered in storage under this standard. underground.
§ 57.4532 Blacksmith shops. Stationary diesel equipment under-
ground shall be—
Blacksmith shops located on the sur- (a) Supported on a noncombustible
face shall be—
base; and
(a) At least 100 feet from fan installa-
(b) Provided with a thermal sensor
tions used for intake air and mine
that automatically stops the engine if
openings;
overheating occurs.
(b) Equipped with exhaust vents over
the forge and ventilated to prevent the
363
§ 57.4600 30 CFR Ch. I (7–1–20 Edition)
WELDING/CUTTING/COMPRESSED GASES mable gases, or explosive solids, the

pipelines or containers shall be—
§ 57.4600 Extinguishing equipment. (a) Drained, ventilated, and thor-
(a) When welding, cutting, soldering, oughly cleaned of any residue;
thawing, or bending— (b) Vented to prevent pressure build-
(1) With an electric arc or with an up during the application of heat; and
open flame where an electrically con- (c)(1) Filled with an inert gas or
ductive extinguishing agent could cre- water, where compatible; or
ate an electrical hazard, a multipur- (2) Determined to be free of flam-
pose dry-chemical fire extinguisher or mable gases by a flammable gas detec-
other extinguisher with at least a 2– tion device prior to and at frequent in-
A:10–B:C rating shall be at the work- tervals during the application of heat.
site.
(2) With an open flame in an area § 57.4660 Work in shafts, raises, or
winzes and other activities involv-
where no electrical hazard exists, a ing hazard areas.
multipurpose dry-chemical fire extin-
guisher or equivalent fire extin- During performance of an activity
guishing equipment for the class of fire underground described in Table C–2 or
hazard present shall be at the worksite. when falling sparks or hot metal from
(b) Use of halogenated fire extin- work performed in a shaft, raise, or
guishing agents to meet the require- winze could pose a fire hazard—
ments of this standard shall be limited (a) A multipurpose dry-chemical fire
to Halon 1211 (CBrClF2) and Halon 1301 extinguisher shall be at the worksite to
(CBrF3). When these agents are used in supplement the fire extinguishing
confined or unventilated areas, pre- equipment required by § 57.4600; and
cautions based on the manufacturer’s (b) At least one of the following ac-
use instructions shall be taken so that tions shall be taken:
the gases produced by thermal decom- (1) Wet down the area before and
position of the agents are not inhaled. after the operation, taking precaution
against any hazard of electrical shock.
§ 57.4601 Oxygen cylinder storage. (2) Isolate any combustible material
Oxygen cylinders shall not be stored with noncombustible material.
in rooms or areas used or designated (3) Shield the activity so that hot
for storage of flammable or combus- metal and sparks cannot cause a fire.
tible liquids, including grease. (4) Provide a second person to watch
for and extinguish any fire.
§ 57.4602 Gauges and regulators.
TABLE C–2
Gauges and regulators used with oxy-
gen or acetylene cylinders shall be Activity Distance Fire hazard
kept clean and free of oil and grease. Welding or cutting More than 1 gallon of
with an electric arc combustible liquid, un-
§ 57.4603 Closure of valves. or open flame less in a closed, metal
container.
To prevent accidental release of Using an open flame Within 35 More than 50 pounds of
gases from hoses and torches attached to bend or heat feet non-fire-retardant
to oxygen and acetylene cylinders or to materials of— wood.
Thawing pipes elec- More than 10 pounds of
manifold systems, cylinder or manifold trically, except with combustible plastics.
system valves shall be closed when— heat tape
(a) The cylinders are moved;
Soldering or thawing Within 10 Materials in a shaft, raise,
(b) The torch and hoses are left unat- with an open flame feet or winze that could be
tended; or of— ignited by hot metal or
(c) The task or series of tasks is com- sparks.
pleted.
(5) Cover or bulkhead the opening im-
§ 57.4604 Preparation of pipelines or mediately below and adjacent to the
containers. activity with noncombustible material
Before welding, cutting, or applying to prevent sparks or hot metal from
heat with an open flame to pipelines or falling down the shaft, raise, or winze.
containers that have contained flam- This alternative applies only to activi-
mable or combustible liquids, flam- ties involving a shaft, raise, or winze.
364
(c) The affected area shall be in- (vii) Clear of obstructions.

spected during the first hour after the (2) Mechanical ventilation reversal. If
operation is completed. Additional in- used as an alternative, reversal of me-
spections shall be made or other fire chanical ventilation shall—
prevention measures shall be taken if a (i) Provide at all times at least the
fire hazard continues to exist. same degree of protection to persons
VENTILATION CONTROL MEASURES underground as would be afforded by
the installation of control doors;
§ 57.4760 Shaft mines. (ii) Be accomplished by a main fan. If
(a) Shaft mines shall be provided the main fan is located underground—
with at least one of the following (A) The cable or conductors sup-
means to control the spread of fire, plying power to the fan shall be routed
smoke, and toxic gases underground in through areas free of fire hazards; or
the event of a fire: control doors, rever- (B) The main fan shall be equipped
sal of mechanical ventilation, or effec- with a second, independent power cable
tive evacuation procedures. Under this or set of conductors from the surface.
standard, ‘‘shaft mine’’ means a mine The power cable or conductors shall be
in which any designated escapeway in- located so that an underground fire dis-
cludes a mechanical hoisting device or rupting power in one cable or set of
a ladder ascent. conductors will not affect the other; or
(1) Control doors. If used as an alter- (C) A second fan capable of accom-
native, control doors shall be— plishing ventilation reversal shall be
(i) Installed at or near shaft stations available for use in the event of failure
of intake shafts and any shaft des- of the main fan;
ignated as an escapeway under (iii) Provide rapid air reversal that
§ 57.11053 or at other locations that pro- allows persons underground time to
vide equivalent protection; exit in fresh air by the second
(ii) Constructed and maintained ac-
escapeway or find a place of refuge; and
cording to Table C–3;
(iii) Provided with a means of remote (iv) Be done according to predeter-
closure at landings of timbered intake mined conditions and procedures.
shafts unless a person specifically des- (3) Evacuation. If used as an alter-
ignated to close each door in the event native, effective evacuation shall be
of a fire can reach the door within demonstrated by actual evacuation of
three minutes; all persons underground to the surface
(iv) Closed or opened only according in ten minutes or less through routes
to predetermined conditions and proce- that will not expose persons to heat,
dures; smoke, or toxic fumes in the event of a
(v) Constructed so that once closed fire.
they will not reopen as a result of a dif- (b) If the destruction of any bulkhead
ferential in air pressure; on an inactive level would allow fire
(vi) Constructed so that they can be contaminants to reach an escapeway,
opened from either side by one person, that bulkhead shall be constructed and
or be provided with a personnel door maintained to provide at least the
that can be opened from either side; same protection as required for control
and doors under Table C–3.
TABLE C–3—CONTROL 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
365
§ 57.4761 30 CFR Ch. I (7–1–20 Edition)
TABLE C–3—CONTROL DOOR CONSTRUCTION—Continued

Location Minimum required construction
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 11⁄2 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. (iii) Clear of obstructions; and

(iv) Provided with a means of remote
To confine or prevent the spread of
or automatic closure unless a person
toxic gases from a fire originating in
specifically designated to close the
an underground shop where mainte-
door in the event of a fire can reach the
nance work is routinely done on mobile
door within three minutes.
equipment, one of the following meas- (3) If located 20 feet or more from ex-
ures shall be taken: use of control posed timber or other combustible ma-
doors or bulkheads, routing of the mine terial, the control doors or bulkheads
shop air directly to an exhaust system, shall provide protection at least equiv-
reversal of mechanical ventilation, or alent to a door constructed of no less
use of an automatic fire suppression than one-quarter inch of plate steel
system in conjunction with an alter- with channel or angle-iron reinforce-
nate escape route. The alternative used ment to minimize warpage. The frame-
shall at all times provide at least the work assembly of the door and the sur-
same degree of safety as control doors rounding bulkhead, if any, shall be at
or bulkheads. least equivalent to the door in fire and
(a) Control doors or bulkheads. If used air-leakage resistance, and in physical
as an alternative, control doors or strength.
bulkheads shall meet the following re- (4) If located less than 20 feet from
quirements: exposed timber or other combustibles,
(1) Each control door or bulkhead the control door or bulkhead shall pro-
shall be constructed to serve as a bar- vide protection at least equivalent to a
rier to fire, the effects of fire, and air door constructed of two layers of wood,
leakage at each opening to the shop. each a minimum of three-quarters of
(2) Each control door shall be— an inch in thickness. The wood-grain of
(i) Constructed so that, once closed, one layer shall be perpendicular to the
it will not reopen as a result of a dif- wood-grain of the other layer. The
ferential in air pressure; wood construction shall be covered on
(ii) Constructed so that it can be all sides and edges with no less than 24-
opened from either side by one person gauge sheet steel. The framework as-
or be provided with a personnel door sembly of the door and the surrounding
that can be opened from either side; bulkhead, if any, shall be at least
366
equivalent to the door in fire and air- APPENDIX I TO SUBPART C OF PART 57—
leakage resistance, and in physical NATIONAL CONSENSUS STANDARDS
strength. Roll-down steel doors with a Mine operators seeking further informa-
fire-resistance rating of 11⁄2 hours or tion in the area of fire prevention and con-
greater, but without an insulation trol may consult the following national con-
core, are acceptable provided that an sensus standards.
automatic sprinkler or deluge system MSHA stand-
is installed that provides even coverage National consensus standard
ard
of the door on both sides.
§§ 57.4200, NFPA No. 10—Portable Fire Extinguisher.
(b) Routing air to exhaust system. If 57.4201, NFPA No. 11—Low Expansion Foam and
used as an alternative, routing the 57.4261, Combined Agent Systems.
and NFPA No. 11A—High Expansion Foam Sys-
mine shop exhaust air directly to an 57.4262. tems.
exhaust system shall be done so that NFPA No. 12—Carbon Dioxide Extinguishing
no person would be exposed to toxic Systems.
NFPA No. 12A—Halon 1301 Extinguishing
gases in the event of a shop fire. Systems.
(c) Mechanical ventilation reversal. If NFPA No. 13—Water Sprinkler Systems.
used as an alternative, reversal of me- NFPA No. 14—Standpipe and Hose Sys-
tems.
chanical ventilation shall— NFPA No. 15—Water Spray Fixed Systems.
(1) Be accomplished by a main fan. If NFPA No. 16—Foam Water Spray Systems.
NFPA No. 17—Dry-Chemical Extinguishing
the main fan is located underground: Systems.
(i) The cable or conductors supplying NFPA No. 121—Mobile Surface Mining
power to the fan shall be routed Equipment.
NFPA No. 291—Testing and Marking Hy-
through areas free of fire hazards; or drants.
(ii) The main fan shall be equipped NFPA No. 1962—Care, Use, and Mainte-
nance of Fire Hose, Connections, and Noz-
with a second, independent power cable zles.
or set of conductors from the surface. § 57.4202 ..... NFPA No. 14—Standpipe and Hose Sys-
The power cable or conductors shall be tems.
NFPA No. 291—Testing and Marking Hy-
located so that an underground fire dis- drants.
rupting power in one cable or set of § 57.4203 ..... NFPA No. 10—Portable Fire Extinguishers.
conductors will not affect the other; or § 57.4230 ..... NFPA No. 10—Portable Fire Extinguishers.
NFPA No. 121—Mobile Surface Mining
(iii) A second fan capable of accom- Equipment.
plishing ventilation reversal shall be § 57.4260 ..... NFPA No. 10—Portable Fire Extinguishers.
§ 57.4261 ..... NFPA No. 14—Standpipe and Hose Sys-
available for use in the event of failure tems.
of the main fan; § 57.4533 ..... NFPA Fire Protection Handbook.
(2) Provide rapid air reversal that al- § 57.4560 ..... ASTM E–162—Surface Flammability of Mate-
rials Using a Radiant Heat Energy Source.
lows persons underground time to exit
in fresh air by the second escapeway or
find a place of refuge; and Subpart D—Air Quality, Radiation,
(3) Be done according to predeter- Physical Agents, and Diesel
mined conditions and procedures. Particulate Matter
(d) Automatic fire suppression system
and escape route. If used as an alter- AIR QUALITY—SURFACE AND
native, the automatic fire suppression UNDERGROUND
system and alternate escape route
§ 57.5001 Exposure limits for airborne
shall meet the following requirements: contaminants.
(1) The suppression system shall be—
Except as permitted by § 57.5005—
(i) Located in the shop area; (a) Except as provided in paragraph
(ii) The appropriate size and type for (b), the exposure to airborne contami-
the particular fire hazards involved; nants shall not exceed, on the basis of
and a time weighted average, the threshold
(iii) Inspected at weekly intervals limit values adopted by the American
and properly maintained. Conference of Governmental Industrial
(2) The escape route shall bypass the Hygienists, as set forth and explained
shop area so that the route will not be in the 1973 edition of the Conference’s
affected by a fire in the shop area. publication, entitled ‘‘TLV’s Threshold

Limit Values for Chemical Substances
367
§ 57.5002 30 CFR Ch. I (7–1–20 Edition)
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
shall not be of a greater magnitude [50 FR 4082, Jan. 29, 1985, as amended at 60
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
that, when crushed or processed, sepa- Dust, gas, mist, and fume surveys
rate into flexible fibers made up of shall be conducted as frequently as
fibrils. necessary to determine the adequacy of
Asbestos means chrysotile, control measures.
cummingtonite-grunerite asbestos
§ 57.5005 Control of exposure to air-
(amosite), crocidolite, anthophylite as- borne contaminants.
bestos, tremolite asbestos, and actino-
lite asbestos. Control of employee exposure to
Asbestos fiber means a fiber of asbes- harmful airborne contaminants shall
tos that meets the criteria of a fiber. be, insofar as feasible, by prevention of
Fiber means a particle longer than 5 contamination, removal by exhaust
micrometers (μm) with a length-to-di- ventilation, or by dilution with
ameter ratio of at least 3-to-1. uncontaminated air. However, where
(2) Permissible Exposure Limits accepted engineering control measures
(PELs)—(i) Full-shift limit. A miner’s have not been developed or when nec-
personal exposure to asbestos shall not essary by the nature of work involved
exceed an 8-hour time-weighted aver- (for example, while establishing con-
age full-shift airborne concentration of trols or occasional entry into haz-
0.1 fiber per cubic centimeter of air (f/ ardous atmospheres to perform mainte-
cc). nance or investigation), employees
(ii) Excursion limit. No miner shall be may work for reasonable periods of
exposed at any time to airborne con- time in concentrations of airborne con-
centrations of asbestos in excess of 1 taminants exceeding permissible levels
fiber per cubic centimeter of air (f/cc) if they are protected by appropriate
as averaged over a sampling period of respiratory protective equipment.
30 minutes. Whenever respiratory protective equip-
(3) Measurement of airborne asbestos ment is used a program for selection,
fiber concentration. Potential asbestos maintenance, training, fitting, super-
fiber concentration shall be determined vision, cleaning, and use shall meet the
by phase contrast microscopy (PCM) following minimum requirements:
using the OSHA Reference Method in (a) Respirators approved by NIOSH
OSHA’s asbestos standard found in 29 under 42 CFR part 84 which are applica-
CFR 1910.1001, Appendix A, or a method ble and suitable for the purpose in-
at least equivalent to that method in tended shall be furnished and miners
identifying a potential asbestos expo- shall use the protective equipment in
sure exceeding the 0.1 f/cc full-shift accordance with training and instruc-
limit or the 1 f/cc excursion limit. tion.
When PCM results indicate a potential (b) A respirator program consistent

exposure exceeding the 0.1 f/cc full- with the requirements of ANSI Z88.2–
368
1969, published by the American Na- AIR QUALITY—SURFACE ONLY

tional Standards Institute and entitled [RESERVED]
‘‘American National Standards Prac-
tices for Respiratory Protection ANSI AIR QUALITY—UNDERGROUND ONLY
Z88.2–1969,’’ approved August 11, 1969,
§ 57.5015 Oxygen deficiency.
which is hereby incorporated by ref-
erence and made a part hereof. This Air in all active workings shall con-
publication may be obtained from the tain at least 19.5 volume percent oxy-
American National Standards Insti- gen.
tute, Inc., 25 W. 43rd Street, 4th Floor,
New York, NY 10036; http:// RADIATION—UNDERGROUND ONLY
www.ansi.org, or may be examined in
§ 57.5037 Radon daughter exposure
any Metal and Nonmetal Mine Safety monitoring.
and Health District Office of the Mine
Safety and Health Administration. (a) In all mines at least one sample
(c) When respiratory protection is shall be taken in exhaust mine air by a
used in atmospheres immediately competent person to determine if con-
harmful to life, the presence of at least centrations of radon daughters are
one other person with backup equip- present. Sampling shall be done using
ment and rescue capability shall be re- suggested equipment and procedures
quired in the event of failure of the res- described in section 14.3 of ANSI N13.8–
piratory equipment. 1973, entitled ‘‘American National
Standard Radiation Protection in Ura-
[50 FR 4082, Jan. 29, 1985, as amended at 60 nium Mines,’’ approved July 18, 1973,
FR 30400, June 8, 1995; 60 FR 33723, June 29, pages 13–15, by the American National
1995; 60 FR 35695, July 11, 1995; 71 FR 16667,
Apr. 3, 2006]
Standards Institute, Inc., which is in-
corporated by reference and made a
§ 57.5006 Restricted use of chemicals. part of the standard or equivalent pro-
cedures and equipment acceptable to
The following chemical substances
the Administrator, MSHA Metal and
shall not be used or stored except by Nonmetal Mine Safety and Health dis-
competent persons under laboratory trict office. This publication may be
conditions approved by a nationally examined at any Metal and Nonmetal
recognized agency acceptable to the Mine Safety and Health Subdistrict Of-
Secretary. fice of the Mine Safety and Health Ad-
(a) Carbon tetrachloride, ministration, or may be obtained from
(b) Phenol, the American National Standards In-
(c) 4-Nitrobiphenyl, stitute, Inc., 25 W. 43rd Street, 4th
(d) Alpha-naphthylamine, Floor, New York, NY 10036; http://
(e) 4,4-Methylene Bis (2- www.ansi.org. The mine operator may
chloroaniline), request that the required exhaust mine
(f) Methyl-chloromethyl ether, air sampling be done by the Mine Safe-
(g) 3,3 Dichlorobenzidine, ty and Health Administration. If con-
(h) Bis (chloromethyl) ether, centrations of radon daughters in ex-
(i) Beta-napthylamine, cess of 0.1 WL are found in an exhaust
(j) Benzidine, air sample, thereafter—
(k) 4-Aminodiphenyl, (1) Where uranium is mined—radon
(l) Ethyleneimine, daughter concentrations representative
(m) Beta-propiolactone, of worker’s breathing zone shall be de-
(n) 2-Acetylaminofluorene, termined at least every two weeks at
(o) 4-Dimethylaminobenzene, and random times in all active working
areas such as stopes, drift headings,
(p) N-Nitrosodimethylamine.
travelways, haulageways, shops, sta-
tions, lunch rooms, magazines, and any
other place or location where persons
work, travel, or congregate. However,

if concentrations of radon daughters
369
§ 57.5038 30 CFR Ch. I (7–1–20 Edition)
are found in excess of 0.3 WL in an ac- § 57.5040 Exposure records.

tive working area, radon daughter con-
(a) The operator shall calculate and
centrations thereafter shall be deter-
record complete individual exposures
mined weekly in that working area
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 mined—the
(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 individual’s
concentration measurements rep- time in each active working area such
resentative of worker’s breathing zone as stopes, drift headings, travelways,
shall be determined at least every 3 haulageways, shops, stations, lunch
months at random times until such rooms, magazines and any other place
time as the radon daughter concentra- or location where persons work, travel
tions in that area are below 0.1 WL, and or congregate, and the concentration of
annually thereafter. If concentrations airborne radon daughters for each ac-
of radon daughters are found in excess tive working area.
of 0.3 WL in an active working area (2) Where uranium is not mined—the
radon daughter concentrations there- complete individual exposure of all
after shall be determined at least mine personnel working in active
weekly in that working area until such working areas with radon daughter
time as the weekly determinations in concentrations in excess of 0.3 WL shall
that area have been 0.3 WL or less for be calculated and recorded. These
5 consecutive weeks. records shall include the individual’s
(b) If concentrations of radon daugh- time in each active working area and
ters less than 0.1 WL are found in an the concentrations of airborne radon
exhaust mine air sample, thereafter: daughters for each active working
(1) Where uranium is mined—at least area. The operator may discontinue
one sample shall be taken in the ex- calculating and recording the indi-
haust mine air monthly. vidual exposures of any personnel as-
(2) Where uranium is not mined—no signed to work in active working areas
further exhaust mine air sampling is where radon daughter concentrations
required. have been reduced to 0.3 WL or less for
(c) The sample date, locations, and 5 consecutive weeks provided that such
results obtained under (a) and (b) above exposure calculation and recordation
shall be recorded and retained at the shall not be discontinued with respect
mine site or nearest mine office for at to any person who has accumulated
least two years and shall be made more exposure than 1⁄12 (one-twelfth) of
available for inspection by the Sec- a WLM times the number of months for
retary or his authorized representative. which exposures have been calculated
and recorded in the calendar year in
[50 FR 4082, Jan. 29, 1985, as amended at 60 which the exposure calculation and
FR 33723, June 29, 1995; 71 FR 16667, Apr. 3, recordation is proposed to be discon-
2006] tinued.
(b) The operator shall maintain the
§ 57.5038 Annual exposure limits.
form entitled ‘‘Record of Individual Ex-
No person shall be permitted to re- posure to Radon Daughters’’ (Form
ceive an exposure in excess of 4 WLM in 4000–9), or equivalent forms that are ac-
any calendar year. ceptable to the Administrator, Metal
and Nonmetal Mine Safety and Health,
§ 57.5039 Maximum permissible con- Mine Safety and Health Administra-
centration. tion, on which there shall be recorded
Except as provided by standard the specific information required by
§ 57.5005, persons shall not be exposed to the form with respect to each person’s
air containing concentrations of radon time-weighted current and cumulative
daughters exceeding 1.0 WL in active exposure to concentrations of radon

workings. daughters.
370
(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 4000–9), shall consist of an origi- statement of the year-to-date and cu-
nal of each form for the operator’s 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 4000–9) 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 individual’s expo-
‘‘Record of Individual Exposure to sure to WLM for a given period of time, mul-
Radon Daughters’’ (Form 4000–9), or ac- tiply the total exposure time (hours to the
ceptable equivalent form, showing the nearest half-hour) in an active working area
by the average concentration of airborne
data required by the form for all per-
radon daughters for the applicable active
sonnel for whom calculation and re- working area (average working level cal-
cording of exposure was required dur- culated to the nearest hundredth working
ing the previous calendar year. level) and divide the product by the constant
(3) Errors detected by the operator 173 hours per month.
shall be corrected on any forms kept by An average airborne radon daughter con-
the operator and a corrected copy of centration for a designated active working
any forms submitted to the Mine Safe- area shall be determined by averaging all
sampling results for that working area dur-
ty and Health Administration shall be
ing the time that persons are present. Any
submitted to the Mine Safety and sample taken by Federal or State mine in-
Health Administration within 60 days spectors, which represents exposure to min-
of detection and shall identify the er- ers and reported to the operator within three
rors and indicate the date the correc- days of being taken, shall be included in the
tions are made. average concentration; except that if the
(4) The operator’s records of indi- mine operator samples simultaneously with
vidual exposure to concentrations of the inspector, he may use his own sample re-
sults.
radon daughters and copies of ‘‘Record
of Individual Exposure to Radon [50 FR 4082, Jan. 29, 1985, as amended at 60
Daughters’’ (Form 4000–9) or acceptable FR 33723, June 29, 1995; 60 FR 35695, July 11,
equivalent form or true legible fac- 1995; 71 FR 16667, Apr. 3, 2006]
similes thereof (microfilm or other), § 57.5041 Smoking prohibition.
shall be retained at the mine or nearest
mine office for a period as specified in Smoking shall be prohibited in all
paragraph 9.8, ANSI N13.8–1973, or shall areas of a mine where exposure records
be submitted to the Mine Safety and are required to be kept in compliance
Health Administration. These records, with standard 57.5040.
if retained by the operator, shall be
§ 57.5042 Revised exposure levels.
open for inspection by the Secretary of
Labor, his authorized representative, If levels of permissible exposures to
and authorized representatives of the concentrations of radon daughters dif-
official mine inspection agency of the ferent from those prescribed in 57.5038
State in which the mine is located. are recommended by the Environ-
Paragraph 9.8, ANSI N13.8–1973, is in- mental Protection Agency and ap-
corporated by reference and made a proved by the President, no employee
part of this standard. ANSI N13.8–1973 shall be permitted to receive exposures
may be examined at any Metal and in excess of those levels after the effec-
Nonmetal Mine Safety and Health Dis- tive dates established by the Agency.
Health Administration, and may be ob- § 57.5044 Respirators.
tained from the American National In environments exceeding 1.0 WL,
Standards Institute, Inc., at 25 W. 43rd miners shall wear respirators approved
Street, 4th Floor, New York, NY 10036; by NIOSH for radon daughters prior to
http://www.ansi.org. July 10, 1995 or under the equivalent
371
§ 57.5045 30 CFR Ch. I (7–1–20 Edition)
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 miner’s 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 μg/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 miner’s
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-
centration of 308 micrograms of ele-
(a) Gamma radiation surveys shall be
mental carbon per cubic meter of air
conducted annually in all underground
(308EC μg/m3).
mines where radioactive ores are
(2) Effective January 20, 2007, a min-
mined.
er’s personal exposure to diesel partic-
(b) Surveys shall be in accordance
ulate matter (DPM) in an underground
with American National Standards
mine must not exceed an average
(ANSI) Standard N13.8–1973, entitled
eight-hour equivalent full shift air-
‘‘Radiation Protection in Uranium
borne concentration of 350 micrograms
Mines’’, section 14.1 page 12, which is
of total carbon per cubic meter of air
hereby incorporated by reference and
(350TC μg/m3).
made a part hereof. This publication
(3) Effective May 20, 2008, a miner’s
may be examined in any Metal and
personal exposure to diesel particulate
Nonmetal Mine Safety and Health Dis-
matter (DPM) in an underground mine
trict Office, Mine Safety and Health
must not exceed an average eight-hour
Administration, or may be obtained
equivalent full shift airborne con-
from the American National Standards
centration of 160 micrograms of total
Institute, Inc., 25 W. 43rd Street, 4th
carbon per cubic meter of air (160TC μg/
Floor, New York, NY 10036; http://
m3).
www.ansi.org.
(c)(1) If a mine requires additional
(c) Where average gamma radiation time to come into compliance with the
measurements are in excess of 2.0 final DPM limit established in § 57.5060
milliroentgens per hour in the working (b) due to technological or economic
place, gamma radiation dosimeters constraints, the operator of the mine
shall be provided for all persons af- may file an application with the Dis-
fected, and records of cumulative indi- trict Manager for a special extension.
vidual gamma radiation exposure shall (2) The mine operator must certify on
be kept. the application that the operator has
(d) Annual individual gamma radi- posted one copy of the application at
ation exposure shall not exceed 5 rems. the mine site for at least 30 days prior
to the date of application, and has pro-

FR 33723, June 29, 1995; 60 FR 35695, July 11, vided another copy to the authorized
1995; 71 FR 16667, Apr. 3, 2006] representative of miners.
372
(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 miner’s 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 miner’s 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 miner’s 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 miner’s 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
miner’s exposure to or below the appli- PLHCP regarding the miner’s 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
miner’s 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 miner’s 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 er’s ability to wear the respirator.
accordance with § 57.5005(a), (b), and (7) Upon written notification that the
paragraphs (d)(1) through (d)(8) of this PLHCP has determined that the miner
section. is unable to wear a respirator, includ-
(1) Air purifying respirators must be ing a PAPR, the miner must be trans-
equipped with the following: ferred to work in an existing position
(i) Filters certified by NIOSH under in an area of the same mine where res-
30 CFR part 11 (appearing in the July 1, piratory protection is not required.
1994 edition of 30 CFR, parts 1 to 199) as The miner must be transferred within
a high efficiency particulate air 30 days of the final determination by
(HEPA) filter; the PLHCP.
(ii) Filters certified by NIOSH under (i) The miner must continue to re-
42 CFR part 84 as 99.97% efficient; or ceive compensation at no less than the
(iii) Filters certified by NIOSH for regular rate of pay in the classification
DPM. held by that miner immediately prior
(2) Non-powered, negative-pressure, to the transfer.
air purifying, particulate-filter res- (ii) Increases in wages of the trans-
pirators shall use an R- or P-series fil- ferred miner must be based upon the
ter or any filter certified by NIOSH for new work classification.
373
§ 57.5061 30 CFR Ch. I (7–1–20 Edition)
(8) The mine operator must maintain § 57.5066 Maintenance standards.

a record of the identity of the PLHCP (a) Any diesel powered equipment op-
and the most recent written deter- erated at any time in underground
mination of each miner’s ability to areas must meet the following mainte-
wear a respirator for the duration of nance standards:
the miner’s employment plus six (1) The operator must maintain any
months. approved engine in approved condition;
(e) Rotation of miners shall not be (2) The operator must maintain the
considered an acceptable administra- emission related components of any
tive control used for compliance with non-approved engine to manufacturer
the DPM standard. specifications; and
(3) The operator must maintain any
[70 FR 32966, June 6, 2005; 70 FR 37901, June emission or particulate control device
30, 2005, as amended at 70 FR 55019, Sept. 19, installed on the equipment in effective
2005; 71 FR 29011, 29012, May 18, 2006; 71 FR operating condition.
36483, June 27, 2006]
(b)(1) A mine operator must author-
ize each miner operating diesel-pow-
§ 57.5061 Compliance determinations.
ered equipment underground to affix a
(a) MSHA will use a single sample visible and dated tag to the equipment
collected and analyzed by the Sec- when the miner notes evidence that the
retary in accordance with the require- equipment may require maintenance in
ments of this section as an adequate order to comply with the maintenance
basis for a determination of noncompli- standards of paragraph (a) of this sec-
ance with the DPM limit. tion. The term evidence means visible
(b) The Secretary will collect sam- smoke or odor that is unusual for that
ples of DPM by using a respirable dust piece of equipment under normal oper-
sampler equipped with a submicrom- ating procedures, or obvious or visible
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
(c) The Secretary will use full-shift means before the end of the next shift
personal sampling for compliance de- during which a qualified mechanic is
terminations. scheduled to work.
(3) A mine operator must retain a log
[70 FR 32966, June 6, 2005]
of any equipment tagged pursuant to
this section. The log must include the
§ 57.5065 Fueling practices.
date the equipment is tagged, the date
(a) Diesel fuel used to power equip- the equipment is examined, the name
ment in underground areas must not of the person examining the equip-
have a sulfur content greater than 0.05 ment, and any action taken as a result
percent. The operator must retain pur- of the examination. The operator must
chase records that demonstrate compli- retain the information in the log for
ance with this requirement for one one year after the date the tagged
year after the date of purchase. equipment was examined.
(b) The operator must only use fuel (c) Persons authorized by a mine op-
additives registered by the U.S. Envi- erator to maintain diesel equipment
ronmental Protection Agency in diesel covered by paragraph (a) of this section
powered equipment operated in under- must be qualified, by virtue of training
ground areas. or experience, to ensure that the main-
tenance standards of paragraph (a) of
[66 FR 5907, Jan. 19, 2001; 66 FR 35520, July 5, this section are observed. An operator
2001] must retain appropriate evidence of the
374
competence of any person to perform § 57.5067 Engines.

specific maintenance tasks in compli- (a) Any diesel engine introduced into
ance with those standards for one year an underground area of a mine covered
after the date of any maintenance, and by this part after July 5, 2001, other
upon request must provide the docu- than an engine in an ambulance or fire
mentation to the authorized represent- fighting equipment which is utilized in
ative of the Secretary. accordance with mine fire fighting and
[66 FR 5907, Jan. 19, 2001, as amended at 67 evacuation plans, must either:
FR 9184, Feb. 27, 2002] (1) Have affixed a plate evidencing
approval of the engine pursuant to sub-
EFFECTIVE DATE NOTE: At 66 FR 5907, Jan. part E of Part 7 of this title or pursu-
19, 2001, § 57.5066 was added, effective July 5,
2001, except for paragraph (b). At 66 FR 35518,
ant to Part 36 of this title; or
July 5, 2001, the effective date of paragraph (2) Meet or exceed the applicable par-
(b) was delayed pending disposition of cur- ticulate matter emission requirements
rent litigation challenging the rule. At 67 FR of the Environmental Protection Ad-
9184, Feb. 27, 2002, paragraphs (b)(1) and (b)(2) ministration listed in Table 57.5067–1,
were revised, effective Mar. 29, 2002. as follows:
TABLE 57.5067–1
EPA requirement EPA category PM limit
40 CFR 86.094–8(a)(1)(i)(A)(2) ................. light duty vehicle ...................................... 0.1 g/mile.

40 CFR 86.094–9(a)(1)(i)(A)(2) ................. light duty truck ......................................... 0.1 g/mile.
40 CFR 86.094–11(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 8≤kW<19 (11≤hp<25) .................... 0.80 g/kW-hr (0.60 g/bhp-hr).
............................................................... tier 1 19≤kW<37 (25≤hp<50) .................. 0.80 g/kW-hr (0.60 g/bhp-hr).
............................................................... tier 2 37≤kW<75 (50≤hp<100) ................ 0.40 g/kW-hr (0.30 g/bhp-hr).
............................................................... tier 2 75≤kW<130 (100≤hp<175) ............ 0.30 g/kW-hr (0.22 g/bhp-hr).
............................................................... tier 1 130≤kW<225 (175≤hp<300) .......... 0.54 g/kW-hr (0.40 g/bhp-hr).
............................................................... tier 1 kW≥560 (hp≥750) .......................... 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): mine operated by the same mine oper-
(1) The term ‘‘introduced’’ means any ator.
engine added to the underground inven- [66 FR 5907, Jan. 19, 2001, as amended at 66
tory of engines of the mine in question, FR 27864, May 21, 2001; 67 FR 9184, Feb. 27,
including: 2002]
(i) An engine in newly purchased
equipment; § 57.5070 Miner training.
(ii) An engine in used equipment (a) Mine operators must provide an-
brought into the mine; and nual training to all miners at a mine
(iii) A replacement engine that has a covered by this part who can reason-
different serial number than the engine ably be expected to be exposed to diesel
emissions on that property. The train-
it is replacing; but
ing must include—
(2) The term ‘‘introduced’’ does not (1) The health risks associated with
include engines that were previously exposure to diesel particulate matter;
part of the mine inventory and rebuilt. (2) The methods used in the mine to
(3) The term introduced does not in- control diesel particulate matter con-
clude the transfer of engines or equip- centrations;
ment from the inventory of one under- (3) Identification of the personnel re-
ground mine to another underground sponsible for maintaining those con-

trols; and
375
§ 57.5071 30 CFR Ch. I (7–1–20 Edition)
(4) Actions miners must take to en- board, initiate corrective action by the
sure the controls operate as intended. next work shift, and promptly com-
(b) An operator must retain a record plete such corrective action.
at the mine site of the training re- (d)(1) The results of monitoring for
quired by this section for one year diesel particulate matter, including
after completion of the training. any results received by a mine operator
from sampling performed by the Sec-
§ 57.5071 Exposure monitoring. retary, must be posted on the mine bul-
(a) Mine operators must monitor as letin board within 15 days of receipt
often as necessary to effectively deter- and must remain posted for 30 days.
mine, under conditions that can be rea- The operator must provide a copy of
sonably anticipated in the mine, the results to the authorized represent-
whether the average personal full-shift ative of miners.
airborne exposure to DPM exceeds the (2) The mine operator must retain for
DPM limit specified in § 57.5060. five years (from the date of sampling),
the results of any samples the operator
(b) The mine operator must provide
collected as a result of monitoring
affected miners and their representa-
under this section, and information
tives with an opportunity to observe
about the sampling method used for ob-
exposure monitoring required by this
taining the samples.
section. Mine operators must give prior
notice to affected miners and their rep- [70 FR 32966, June 6, 2005]
resentatives of the date and time of in-
tended monitoring. § 57.5075 Diesel particulate records.
(c) If any monitoring performed (a) The table entitled ‘‘Diesel Partic-
under this section indicates that a ulate Matter Recordkeeping Require-
miner’s exposure to diesel particulate ments’’ lists the records the operator
matter exceeds the DPM limit specified must maintain pursuant to §§ 57.5060
in § 57.5060, the operator must promptly through 57.5071, and the duration for
post notice of the corrective action which particular records need to be re-
being taken on the mine bulletin 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 miner’s employment plus 6 months.
termination of miner’s 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.
miner’s personal exposure, and sample results.
(b)(1) Any record listed in this sec- Human Services, or from the author-
tion which is required to be retained at ized representative of miners, mine op-
the mine site may, notwithstanding erators must promptly provide access
such requirement, be retained else- to any record listed in the table in this
where if the mine operator can imme- section.
diately access the record from the (3) An operator must provide access
mine site by electronic transmission. to a miner, former miner, or, with the
(2) Upon request from an authorized miner’s or former miner’s written con-
representative of the Secretary of sent, a personal representative of a

Labor, the Secretary of Health and miner, to any record required to be
376
maintained pursuant to § 57.5071 or leased by a liquid to form a flammable

§ 57.5060(d) to the extent the informa- vapor-air mixture near the surface of
tion pertains to the miner or former the liquid.
miner. The operator must provide the Igniter cord. A fuse that burns pro-
first copy of a requested record at no gressively along its length with an ex-
cost, and any additional copies at rea- ternal flame at the zone of burning,
sonable cost. used for lighting a series of safety fuses
(4) Whenever an operator ceases to do in a desired sequence.
business, that operator must transfer Magazine. A bullet-resistant, theft-
all records required to be maintained resistant, fire-resistant, weather-re-
by this part, or a copy thereof, to any sistant, ventilated facility for the stor-
successor operator who must maintain age of explosives and detonators (BATF
them for the required period. Type 1 or Type 2 facility).
Misfire. The complete or partial fail-
[70 FR 32966, June 6, 2005; 70 FR 37901, June
30, 2005; 71 FR 29012, May 18, 2006] ure of explosive material to detonate
as planned. The term also is used to de-
scribe the explosive material itself
Subpart E—Explosives that has failed to detonate.
Primer. A unit, package, or cartridge
SOURCE: 61 FR 36801, July 12, 1996, unless of explosives which contains a deto-
otherwise noted. nator and is used to initiate other ex-
plosives or blasting agents.
Safety switch. A switch that provides
The following definitions apply in shunt protection in blasting circuits
this subpart. between the blast site and the switch
Blasting agent. Any substance classi- used to connect a power source to the
fied as a blasting agent by the Depart- blasting circuit.
ment of Transportation in 49 CFR Slurry. An explosive material con-
173.114a(a). This document is available taining substantial portions of a liquid,
at any MSHA Metal and Nonmetal oxidizers, and fuel, plus a thickener.
Safety and Health district office. Water gel. An explosive material con-
Detonating cord. A flexible cord containing substantial portions of water,
taining a center core of high explosives oxidizers, and fuel, plus a cross-linking
which may be used to initiate other ex- agent.
plosives.
Detonator. Any device containing a
FR 38385, June 4, 2002; 68 FR 32361, May 30,
detonating charge used to initiate an 2003; 69 FR 38842, June 29, 2004; 85 FR 2027,
explosive. These devices include elec- Jan. 14, 2020]
tronic detonators, electric or nonelec-
tric instantaneous or delay blasting STORAGE—SURFACE AND UNDERGROUND
caps, and delay connectors. The term
‘‘detonator’’ does not include deto- § 57.6100 Separation of stored explo-
nating cord. Detonators may be either sive material.
‘‘Class A’’ detonators or ‘‘Class C’’ det- (a) Detonators shall not be stored in
onators, as classified by the Depart- the same magazine with other explo-
ment of Transportation in 49 CFR sive material.
173.53 and 173.100, which is available at (b) When stored in the same maga-
any MSHA Metal and Nonmetal Safety zine, blasting agents shall be separated
and Health district office. from explosives, safety fuse, and deto-
Explosive. Any substance classified as nating cord to prevent contamination.
an explosive by the Department of
Transportation in 49 CFR 173.53, 173.88, § 57.6101 Areas around explosive mate-
and 173.100. This document is available rial storage facilities.
at any MSHA Metal and Nonmetal (a) Areas surrounding storage facili-
Safety and Health district office. ties for explosive material shall be
Explosive material. Explosives, blast- clear of rubbish, brush, dry grass, and
ing agents, and detonators. 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.
377
§ 57.6102 30 CFR Ch. I (7–1–20 Edition)
(b) Other combustibles shall not be § 57.6131 Location of explosive mate-

stored or allowed to accumulate within rial storage facilities.
50 feet of explosive material. Combus- (a) Storage facilities for any explo-
tible liquids shall be stored in a man- sive material shall be—
ner that ensures drainage will occur (1) Located so that the forces gen-
away from the explosive material stor- erated by a storage facility explosion
age facility in case of tank rupture. will not create a hazard to occupants
in mine buildings and will not damage
§ 57.6102 Explosive material storage dams or electric substations; and
practices. (2) Detached structures located out-
(a) Explosive material shall be— side the blast area and a sufficient dis-
(1) Stored in a manner to facilitate tance from powerlines so that the
use of oldest stocks first; powerlines, if damaged, would not con-
tact the magazines.
(2) Stored according to brand and
(b) Operators should also be aware of
grade in such a manner as to facilitate
regulations affecting storage facilities
identification; and in 27 CFR part 55, in particular, 27 CFR
(3) Stacked in a stable manner but 55.218 and 55.220. This document is
not more than 8 feet high. available at any MSHA Metal and
(b) Explosives and detonators shall be Nonmetal Safety and Health district
stored in closed nonconductive con- office.
tainers except that nonelectric deto-
nating devices may be stored on non- § 57.6132 Magazine requirements.
conductive racks provided the case-in- (a) Magazines shall be—
sert instructions and the date-plant- (1) Structurally sound;
shift code are maintained with the (2) Noncombustible or the exterior
product. covered with fire-resistant material;
(3) Bullet resistant;
STORAGE—SURFACE ONLY (4) Made of nonsparking material on
the inside;
§ 57.6130 Explosive material storage (5) Ventilated to control dampness
facilities. and excessive heating within the maga-
(a) Detonators and explosives shall be zine;
stored in magazines. (6) Posted with the appropriate
(b) Packaged blasting agents shall be United States Department of Transpor-
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.
(b) Metal magazines shall be
States Department of Transportation
equipped with electrical bonding con-
placards or other appropriate warning
nections between all conductive por-
signs that indicate the contents and tions so the entire structure is at the
are visible from each approach. same electrical potential. Suitable
378
electrical bonding methods include (NARA). For information on the avail-

welding, riveting, or the use of securely ability of this material at NARA, call
tightened bolts where individual metal 202–741–6030, or go to: http://
portions are joined. Conductive por- www.archives.gov/federallregister/
tions of nonmetal magazines shall be codeloflfederallregulations/
grounded. ibrllocations.html.
(c) Electrical switches and outlets
shall be located on the outside of the
FR 38385, June 4, 2002; 80 FR 52988, Sept. 2,
magazine. 2015]
§ 57.6133 Powder chests.
STORAGE—UNDERGROUND ONLY
(a) Powder chests (day boxes) shall
be— § 57.6160 Main facilities.
(1) Structurally sound, weather-re-
(a) Main facilities used to store ex-
sistant, equipped with a lid or cover,
plosive material underground shall be
and with only nonsparking material on
located—
the inside;
(2) Posted with the appropriate (1) In stable or supported ground;
United States Department of Transpor- (2) So that a fire or explosion in the
tation placards or other appropriate storage facilities will not prevent es-
warning signs that indicate the con- cape from the mine, or cause detona-
tents and are visible from each ap- tion of the contents of another storage
proach; facility;
(3) Located out of the blast area once (3) Out of the line of blasts, and pro-
loading has been completed; tected from vehicular traffic, except
(4) Locked or attended when con- that accessing the facility;
taining explosive material; and (4) At least 200 feet from work places
(5) Emptied at the end of each shift or shafts;
with the contents returned to a maga- (5) At least 50 feet from electric sub-
zine or other storage facility, or at- stations;
tended. (6) A safe distance from trolley wires;
(b) Detonators shall be kept in chests and
separate from explosives or blasting (7) At least 25 feet from detonator
agents, unless separated by 4 inches of storage facilities.
hardwood or equivalent, or a laminated (b) Main facilities used to store ex-
partition. When a laminated partition plosive material underground shall
is used, operators must follow the probe—
visions of the Institute of Makers of
(1) Posted with warning signs that in-
Explosives (IME) Safety Library Publi-
dicate the contents and are visible
cation No. 22, ‘‘Recommendations for
from any approach;
the Safe Transportation of Detonators
(2) Used exclusively for the storage of
in a Vehicle with Other Explosive Ma-
explosive material and necessary
terials’’ (May 1993), and the ‘‘Generic
equipment associated with explosive
Loading Guide for the IME–22 Con-
material storage and delivery:
tainer’’ (October 1993). The IME is lo-
cated at 1120 19th Street NW., Suite 310, (i) Portions of the facility used for
Washington, DC 20036–3605; 202–429–9280; the storage of explosives shall only
https://www.ime.org. This incorporation contain nonsparking material or equip-
by reference has been approved by the ment.
Director of the Federal Register in ac- (ii) The blasting agent portion of the
cordance with 5 U.S.C. 552(a) and 1 CFR facility may be used for the storage of
part 51. Copies are available at MSHA’s other necessary equipment;
Office of Standards, Regulations, and (3) Kept clean, suitably dry, and or-
Variances, 201 12th Street South, Ar- derly;
lington, VA 22202–5452; 202–693–9440; and (4) Provided with unobstructed ven-
at all Metal and Nonmetal Mine Safety tilation openings;
and Health District Offices, or avail- (5) Kept securely locked unless all ac-
able for inspection at the National Ar- cess to the mine is either locked or at-
chives and Records Administration tended; and
379
§ 57.6161 30 CFR Ch. I (7–1–20 Edition)
(6) Unlighted or lighted only with de- blasting agents provided the deto-
vices that do not create a fire or explo- nators are—
sion hazard and which are specifically (1) Maintained in the original pack-
designed for use in magazines. aging as shipped from the manufac-
(c) Electrical switches and outlets turer; and
shall be located outside the facility. (2) Separated from explosives or
blasting agents by 4 inches of hardwood
§ 57.6161 Auxiliary facilities. or equivalent, or a laminated partition.
(a) Auxiliary facilities used to store The hardwood or equivalent shall be
explosive material near work places fastened to the vehicle or conveyance.
shall be wooden, box-type containers When a laminated partition is used, op-
equipped with covers or doors, or facili- erators must follow the provisions of
ties constructed or mined-out to pro- the Institute of Makers of Explosives
vide equivalent impact resistance and (IME) Safety Library Publication No.
confinement. 22, ‘‘Recommendations for the Safe
(b) The auxiliary facilities shall be— Transportation of Detonators in a Ve-
(1) Constructed of nonsparking mate- hicle with Other Explosive Materials’’
rial on the inside when used for the (May 1993), and the ‘‘Generic Loading
storage of explosives; Guide for the IME–22 Container’’ (Octo-
(2) Kept clean, suitably dry, and or- ber 1993). The IME is located at 1120
derly; 19th Street NW., Suite 310, Washington,
(3) Kept in repair; DC 20036–3605; 202–429–9280; https://
(4) Located out of the line of blasts so www.ime.org. This incorporation by ref-
they will not be subjected to damaging erence has been approved by the Direc-
shock or flyrock; tor of the Federal Register in accord-
(5) Identified with warning signs or ance with 5 U.S.C. 552(a) and 1 CFR
coded to indicate the contents with part 51. Copies are available at MSHA’s
markings visible from any approach; Office of Standards, Regulations, and
(6) Located at least 15 feet from all Variances, 201 12th Street South, Ar-
haulageways and electrical equipment, lington, VA 22202–5452; 202–693–9440; and
or placed entirely within a mined-out at all Metal and Nonmetal Mine Safety
recess in the rib used exclusively for and Health District Offices, or avail-
explosive material; able for examination at the National
(7) Filled with no more than a one- Archives and Records Administration
week supply of explosive material; (NARA). For information on the avail-
(8) Separated by at least 25 feet from ability of this material at NARA, call
other facilities used to store deto- 202–741–6030, or go to: http://
nators; and www.archives.gov/federallregister/
(9) Kept securely locked unless all ac- codeloflfederallregulations/
cess to the mine is either locked or at- ibrllocations.html.
tended. (b) Detonators in quantities of 1,000
or fewer may be transported with ex-
TRANSPORTATION—SURFACE AND plosives or blasting agents provided the
UNDERGROUND detonators are—
(1) Kept in closed containers; and
§ 57.6200 Delivery to storage or blast (2) Separated from explosives or
site areas. blasting agents by 4 inches of hardwood
Explosive material shall be trans- or equivalent, or a laminated partition.
ported without undue delay to the stor- The hardwood or equivalent shall be
age area or blast site. fastened to the vehicle or conveyance.
When a laminated partition is used, op-
§ 57.6201 Separation of transported ex- erators must follow the provisions of
plosive material. IME Safety Library Publication No. 22,
Detonators shall not be transported ‘‘Recommendations for the Safe Trans-
on the same vehicle or conveyance portation of Detonators in a Vehicle
with other explosives except as follows: with Other Explosive Materials’’ (May
(a) Detonators in quantities of more 1993), and the ‘‘Generic Loading Guide
than 1,000 may be transported in a ve- for the IME–22 Container’’ (October
hicle or conveyance with explosives or 1993). The IME is located at 1120 19th
380
Street NW., Suite 310, Washington, DC (iii) The engine shut off unless
20036–3605; 202–429–9280; https:// powering a device being used in the
www.ime.org. This incorporation by ref- loading operation.
erence has been approved by the Direc- (b) Vehicles containing explosives
tor of the Federal Register in accord- shall have—
ance with 5 U.S.C. 552(a) and 1 CFR (1) No sparking material exposed in
part 51. Copies are available at MSHA’s the cargo space; and
Office of Standards, Regulations, and (2) Only properly secured non-
Variances, 201 12th Street South, Ar-
sparking equipment in the cargo space
lington, VA 22202–5452; 202–693–9440; and
with the explosives.
at all Metal and Nonmetal Mine Safety
and Health District Offices, or avail- (c) Vehicles used for dispensing bulk
able for examination at the National explosive material shall—
Archives and Records Administration (1) Have no zinc or copper exposed in
(NARA). For information on the avail- the cargo space; and
ability of this material at NARA, call (2) Provide any enclosed screw-type
202–741–6030, or go to: http:// conveyors with protection against in-
www.archives.gov/federallregister/ ternal pressure and frictional heat.
ibrllocations.html. § 57.6203 Locomotives.
[61 FR 36801, July 12, 1996, as amended at 67 Explosive material shall not be
FR 38385, June 4, 2002; 80 FR 52988, Sept. 2, transported on a locomotive. When ex-
2015] 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- (2) Hoisting in adjacent shaft com-
rial being transported or have the ex- partments, except for empty convey-
plosive material secured to a non-
ances or counterweights, shall be
conductive pallet;
stopped until transportation of the ex-
(3) Equipped with a cargo space that
plosive material is completed.
shall contain the explosive material
(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 manufacturer’s 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
(6) Occupied only by persons nec- to contact any sparking material.
essary for handling the explosive mate- (c) No explosive material shall be
rial; transported during a mantrip.
(7) Attended or the cargo compart-
ment locked at surface areas of under- § 57.6205 Conveying explosives by
ground mines, except when parked at hand.
the blast site and loading is in Closed, nonconductive containers
progress; and shall be used to carry explosives and
(8) Secured while parked by having— detonators to and from blast sites. Sep-
(i) The brakes set;
arate containers shall be used for ex-

(ii) The wheels chocked if movement plosives and detonators.
could occur; and
381
§ 57.6300 30 CFR Ch. I (7–1–20 Edition)
USE—SURFACE AND as practical after loading operations

UNDERGROUND are completed.
§ 57.6300 Control of blasting oper- § 57.6306 Loading, blasting, and secu-
ations. rity.
(a) Only persons trained and experi- (a) When explosive materials or initi-
enced in the handling and use of explo- ating systems are brought to the blast
sive material shall direct blasting op- site, the blast site shall be attended;
erations and related activities. barricaded and posted with warning
(b) Trainees and inexperienced per- signs, such as ‘‘Danger,’’ ‘‘Explosives,’’
sons shall work only in the immediate or ‘‘Keep Out;’’ or flagged against un-
presence of persons trained and experi- authorized entry.
enced in the handling and use of explo-
(b) Vehicles and equipment shall not
sive material.
be driven over explosive material or
§ 57.6301 Blasthole obstruction check. initiating systems in a manner which
could contact the material or system,
Before loading, blastholes shall be or create other hazards.
checked and, wherever possible, cleared
(c) Once loading begins, the only ac-
of obstructions.
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
activities of surveying, stemming,
Explosives and blasting agents shall
sampling of geology, and reopening of
be kept separated from detonators
holes, provided that reasonable care is
until loading begins.
exercised. Haulage activity is per-
§ 57.6303 Initiation preparation. mitted near the base of bench faces
being loaded or awaiting firing, pro-
(a) Primers shall be made up only at vided no other haulage access exists.
the time of use and as close to the
(d) Loading and blasting shall be con-
blast site as conditions allow.
ducted in a manner designed to facili-
(b) Primers shall be prepared with
tate a continuous process, with the
the detonator contained securely and
blast fired as soon as possible following
completely within the explosive or con-
the completion of loading. If blasting a
tained securely and appropriately for
loaded round may be delayed for more
its design in the tunnel or cap well.
(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- (e) In electric blasting prior to con-
nating cord threaded through, attached necting to the power source, and in
securely to, or otherwise in contact nonelectric blasting prior to attaching
with the explosive. an initiating device, all persons shall
leave the blast area except persons in a
§ 57.6304 Primer protection. blasting shelter or other location that
(a) Tamping shall not be done di- protects them from concussion (shock
rectly on a primer. wave), flying material, and gases.
(b) Rigid cartridges of explosives or (f) Before firing a blast—
blasting agents that are 4 inches (100 (1) Ample warning shall be given to
millimeters) in diameter or larger shall allow all persons to be evacuated;
not be dropped on the primer except (2) Clear exit routes shall be provided
where the blasthole contains sufficient for persons firing the round; and
depth of water to protect the primer (3) All access routes to the blast area
from impact. Slit packages of prill, shall be guarded or barricaded to pre-
water gel, or emulsions are not consid- vent the passage of persons or vehicles.
ered rigid cartridges and may be drop (g) Work shall not be resumed in the
loaded. blast area until a post-blast examina-
tion addressing potential blast-related
§ 57.6305 Unused explosive material. hazards has been conducted by a person
Unused explosive material shall be with the ability and experience to per-
moved to a protected location as soon form the examination.
382
§ 57.6307 Drill stem loading. ment not later than the end of the
Explosive material shall not be load- shift.
ed into blastholes with drill stem § 57.6312 Secondary blasting.
equipment or other devices that could
be extracted while containing explosive Secondary blasts fired at the same
material. The use of loading hose, col- time in the same work area shall be
lar sleeves, or collar pipes is permitted. initiated from one source.
§ 57.6308 Initiation systems. ELECTRIC BLASTING—SURFACE AND

UNDERGROUND
Initiation systems shall be used in
accordance with the manufacturer’s in- § 57.6400 Compatibility of electric det-
structions. onators.
§ 57.6309 Fuel oil requirements for All electric detonators to be fired in
ANFO. a round shall be from the same manu-
(a) Liquid hydrocarbon fuels with facturer and shall have similar elec-
flash points lower than that of No. 2 trical firing characteristics.
diesel oil (125 °F) shall not be used to
§ 57.6401 Shunting.
prepare ammonium nitrate-fuel oil, ex-
cept that diesel fuels with flash points Except during testing—
no lower than 100 °F may be used at (a) Electric detonators shall be kept
ambient air temperatures below 45 °F. shunted until connected to the blasting
(b) Waste oil, including crankcase line or wired into a blasting round;
oil, shall not be used to prepare ammo- (b) Wired rounds shall be kept shunt-
nium nitrate-fuel oil. ed until connected to the blasting line;
and
§ 57.6310 Misfire waiting period. (c) Blasting lines shall be kept shunt-
When a misfire is suspected, persons ed until immediately before blasting.
shall not enter the blast area—
(a) For 30 minutes if safety fuse and § 57.6402 Deenergized circuits near
blasting caps are used; detonators.
(b) For 15 minutes if any other type Electrical distribution circuits with-
detonators are used; or in 50 feet of electric detonators at the
(c) For 30 minutes if electronic deto- blast site shall be deenergized. Such
nators are used, or for the manufac- circuits need not be deenergized be-
turer-recommended time, whichever is tween 25 to 50 feet of the electric deto-
longer. nators if stray current tests, conducted
[61 FR 36801, July 12, 1996, as amended at 85 as frequently as necessary, indicate a
FR 2027, Jan. 14, 2020] maximum stray current of less than
0.05 ampere through a 1-ohm resistor as
§ 57.6311 Handling of misfires. measured at the blast site.
(a) Faces and muck piles shall be ex-
§ 57.6403 Branch circuits.
amined for misfires after each blasting
operation. (a) If electric blasting includes the
(b) Only work necessary to remove a use of branch circuits, each branch
misfire and protect the safety of min- shall be equipped with a safety switch
ers engaged in the removal shall be or equivalent method to isolate the cir-
permitted in the affected area until the cuits to be used.
misfire is disposed of in a safe manner. (b) At least one safety switch or
(c) When a misfire cannot be disposed equivalent method of protection shall
of safely, each approach to the area af- be located outside the blast area and
fected by the misfire shall be posted shall be in the open position until per-
with a warning sign at a conspicuous sons are withdrawn.
location to prohibit entry, and the con-
dition shall be reported immediately to § 57.6404 Separation of blasting cir-
mine management. cuits from power source.
(d) Misfires occurring during the (a) Switches used to connect the
shift shall be reported to mine manage- power source to a blasting circuit shall
383
§ 57.6405 30 CFR Ch. I (7–1–20 Edition)
be locked in the open position except (2) Continuity of blasting lines prior
when closed to fire the blast. to the connection of electric or elec-
(b) Lead wires shall not be connected tronic detonators.
to the blasting switch until the shot is
ready to be fired. FR 2027, Jan. 14, 2020]
§ 57.6405 Firing devices. NONELECTRIC BLASTING—SURFACE AND
(a) Power sources shall be capable of UNDERGROUND
delivering sufficient current to ener-
gize all electric detonators to be fired § 57.6500 Damaged initiating material.
with the type of circuits used. Storage A visual check of the completed cir-
or dry cell batteries are not permitted cuit shall be made to ensure that the
as power sources. components are properly aligned and
(b) Blasting machines shall be tested, connected. Safety fuse, igniter cord,
repaired, and maintained in accordance detonating cord, shock or gas tubing,
with manufacturer’s instructions. and similar material which is kinked,
(c) Only the blaster shall have the bent sharply, or damaged shall not be
key or other control to an electrical used.
firing device.
§ 57.6501 Nonelectric initiation sys-
§ 57.6406 Duration of current flow. tems.
If any part of a blast is connected in (a) When the nonelectric initiation
parallel and is to be initiated from system uses shock tube—
powerlines or lighting circuits, the (1) Connections with other initiation
time of current flow shall be limited to devices shall be secured in a manner
a maximum of 25 milliseconds. This which provides for uninterrupted prop-
can be accomplished by incorporating agation;
an arcing control device in the blasting (2) Factory-made units shall be used
circuit or by interrupting the circuit as assembled and shall not be cut ex-
with an explosive device attached to cept that a single splice is permitted
one or both lead lines and initiated by on the lead-in trunkline during dry
a 25-millisecond delay electric deto- conditions; and
nator. (3) Connections between blastholes
shall not be made until immediately
§ 57.6407 Circuit testing. prior to clearing the blast site when
A blasting galvanometer or other in- surface delay detonators are used.
strument designed for testing blasting (b) When the nonelectric initiation
circuits shall be used to test the fol- system uses detonating cord—
lowing: (1) The line of detonating cord ex-
(a) In surface operations— tending out of a blasthole shall be cut
(1) Continuity of each electric deto- from the supply spool immediately
nator in the blasthole prior to stem- after the attached explosive is cor-
ming and connection to the blasting rectly positioned in the hole;
line; (2) In multiple row blasts, the trunk-
(2) Resistance of individual series or line layout shall be designed so that
the resistance of multiple balanced se- the detonation can reach each
ries to be connected in parallel prior to blasthole from at least two directions;
their connection to the blasting line; (3) Connections shall be tight and
(3) Continuity of blasting lines prior kept at right angles to the trunkline;
to the connection of electric or elec- (4) Detonators shall be attached se-
tronic detonator series; and curely to the side of the detonating
(4) Total blasting circuit resistance cord and pointed in the direction in
prior to connection to the power which detonation is to proceed;
source. (5) Connections between blastholes
(b) In underground operations— shall not be made until immediately
(1) Continuity of each electric deto- prior to clearing the blast site when
nator series; and surface delay detonators are used; and
384
(6) Lead-in lines shall be manually EXTRANEOUS ELECTRICITY—SURFACE

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 E–1—SAFETY FUSE—MINIMUM 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-
2–5 ..................................................... 2 min. 40 sec.
6–10 ................................................... 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
385
§ 57.6605 30 CFR Ch. I (7–1–20 Edition)
from the blast area or to a safe loca- § 57.6802 Bulk delivery vehicles.
tion; or
No welding or cutting shall be per-
(b) Underground electronic or elec- formed on a bulk delivery vehicle until
trical blasting operations that are ca- the vehicle has been washed down and
pable of being initiated by lightning all explosive material has been re-
shall be suspended and all persons moved. Before welding or cutting on a
withdrawn from the blast area or to a hollow shaft, the shaft shall be thor-
safe location. oughly cleaned inside and out and
[61 FR 36801, July 12, 1996, as amended at 85 vented with a minimum 1⁄2-inch diame-
FR 2027, Jan. 14, 2020] ter opening to allow for sufficient ven-
tilation.
§ 57.6605 Isolation of blasting circuits.
§ 57.6803 Blasting lines.
Lead wires and blasting lines shall be
isolated and insulated from power con- Permanent blasting lines shall be
ductors, pipelines, and railroad tracks, properly supported. All blasting lines
and shall be protected from sources of shall be insulated and kept in good re-
stray or static electricity. Blasting cir- pair.
cuits shall be protected from any con- GENERAL REQUIREMENTS—SURFACE AND
tact between firing lines and overhead UNDERGROUND
powerlines which could result from the
force of a blast. § 57.6900 Damaged or deteriorated ex-
plosive material.
EQUIPMENT/TOOLS—SURFACE AND
Damaged or deteriorated explosive
UNDERGROUND
material shall be disposed of in a safe
§ 57.6700 Nonsparking tools. manner in accordance with the instruc-
tions of the manufacturer.
Only nonsparking tools shall be used
to open containers of explosive mate- § 57.6901 Black powder.
rial or to punch holes in explosive car-
(a) Black powder shall be used for
tridges. blasting only when a desired result
§ 57.6701 Tamping and loading pole re- cannot be obtained with another type
quirements. of explosive, such as in quarrying cer-
tain types of dimension stone.
Tamping and loading poles shall be of (b) Containers of black powder shall
wood or other nonconductive, non- be—
sparking material. Couplings for poles (1) Nonsparking;
shall be nonsparking. (2) Kept in a totally enclosed cargo
space while being transported by a ve-
MAINTENANCE—SURFACE AND
hicle;
UNDERGROUND
(3) Securely closed at all times
§ 57.6800 Storage facilities. when—
(i) Within 50 feet of any magazine or
When repair work which could open flame;
produce a spark or flame is to be per- (ii) Within any building in which a
formed on a storage facility— fuel-fired or exposed-element electric
(a) The explosive material shall be heater is operating; or
moved to another facility, or moved at (iii) In an area where electrical or in-
least 50 feet from the repair activity candescent-particle sparks could result
and monitored; and in powder ignition; and
(b) The facility shall be cleaned to (4) Opened only when the powder is
prevent accidental detonation. being transferred to a blasthole or an-
other container and only in locations
§ 57.6801 Vehicle repair. not listed in paragraph (b)(3) of this
Vehicles containing explosive mate- section.
rial and oxidizers shall not be taken (c) Black powder shall be transferred
into a repair garage or shop. from containers only by pouring.
386
(d) Spills shall be cleaned up prompt- § 57.6905 Protection of explosive mate-

ly with nonsparking equipment. Con- rial.
taminated powder shall be put into a (a) Explosive material shall be pro-
container of water and shall be dis- tected from temperatures in excess of
posed of promptly after the granules 150 degrees Fahrenheit.
have disintegrated, or the spill area (b) Explosive material shall be pro-
shall be flushed promptly with water tected from impact, except for tamping
until the granules have disintegrated and dropping during loading.
completely.
(e) Misfires shall be disposed of by GENERAL REQUIREMENTS—
washing the stemming and powder UNDERGROUND ONLY
charge from the blasthole, and remov-
ing and disposing of the initiator in ac- § 57.6960 Mixing of explosive material.
cordance with the requirement for (a) The mixing of ingredients to
damaged explosives. produce explosive material shall not be
(f) Holes shall not be reloaded for at conducted underground unless prior ap-
least 12 hours when the blastholes have proval of the MSHA district manager is
failed to break as planned. obtained. In granting or withholding
approval, the district manager shall
§ 57.6902 Excessive temperatures. consider the potential hazards created
by—
(a) Where heat could cause premature
detonation, explosive material shall (1) The location of the stored mate-
rial and the storage practices used;
not be loaded into hot areas, such as
kilns or sprung holes. (2) The transportation and use of the
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 spills.
the blast to no more than 12 hours; and
(3) Take other special precautions to Subpart F—Drilling and Rotary Jet
address the specific conditions at the
mine to prevent premature detonation.
Piercing
DRILLING—SURFACE ONLY
§ 57.6903 Burning explosive material.
If explosive material is suspected of § 57.7002 Equipment defects.
burning at the blast site, persons shall Equipment defects affecting safety
be evacuated from the endangered area shall be corrected before the equipment
and shall not return for at least one is used.
hour after the burning or suspected
burning has stopped. § 57.7003 Drill area inspection.
The drilling area shall be inspected
§ 57.6904 Smoking and open flames. for hazards before starting the drilling
Smoking and use of open flames shall operations.
not be permitted within 50 feet of ex-
plosive material except when separated § 57.7004 Drill mast.
by permanent noncombustible barriers. Persons shall not be on a mast while
This standard does not apply to devices the drill-bit is in operation unless they
designed to ignite safety fuse or to are provided with a safe platform from
heating devices which do not create a which to work and they are required to
fire or explosion hazard. use safety belts to avoid falling.
387
§ 57.7005 30 CFR Ch. I (7–1–20 Edition)
§ 57.7005 Augers and drill stems. DRILLING—SURFACE AND UNDERGROUND

Drill crews and others shall stay § 57.7050 Tool and drill steel racks.
clear of augers or drill stems that are
in motion. Persons shall not pass under Receptacles or racks shall be pro-
or step over a moving stem or auger. vided for drill steel and tools stored or
carried on drills.
§ 57.7008 Moving the drill.
§ 57.7051 Loose objects on the mast or
When a drill is being moved from one drill platform.
drilling area to another, drill steel,
To prevent injury to personnel, tools
tools, and other equipment shall be se-
cured and the mast placed in a safe po- and other objects shall not be left loose
on the mast or drill platform.
sition.
§ 57.7052 Drilling positions.
§ 57.7009 Drill helpers.
Persons shall not drill from—
If a drill helper assists the drill oper-
ator during movement of a drill to a (a) Positions which hinder their ac-
new location, the helper shall be in cess to the control levers;
sight of, or in communication with, the (b) Insecure footing or insecure stag-
operator at all times. ing; or
(c) Atop equipment not suitable for
§ 57.7010 Power failures. drilling.
In the event of power failure, drill § 57.7053 Moving hand-held drills.
controls shall be placed in the neutral
position until power is restored. Before hand-held drills are moved
from one working area to another, air
§ 57.7011 Straightening crossed cables. shall be turned off and bled from the
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
§ 57.7012 Tending drills in operation. 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
§ 57.7013 Covering or guarding drill is a danger of intersecting a misfired
holes. hole or a hole containing explosives,
blasting agents, or detonators.
Drill holes large enough to constitute
a hazard shall be covered or guarded. [56 FR 46517, Sept. 12, 1991; 56 FR 52193, Oct.
18, 1991]
§ 57.7018 Hand clearance.
§ 57.7056 Collaring in bootlegs.
Persons shall not hold the drill steel
while collaring holes, or rest their Holes shall not be collared in boot-
hands on the chuck or centralizer while legs.
drilling. [56 FR 46517, Sept. 12, 1991]
DRILLING—UNDERGROUND ONLY ROTARY JET PIERCING—SURFACE 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 operator’s 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.
388
§ 57.7802 Oxygen hose lines. underground in the affected areas are

Safety chains or other suitable lock- advised in advance of such scheduled or
ing devices shall be provided across planned fan shutdowns, maintenance,
connections to and between high pres- or adjustments.
sure oxygen hose lines of 1-inch inside (b) In the event of main or booster
diameter or larger. fan failure due to a malfunction, acci-
dent, power failure, or other such un-
§ 57.7803 Lighting the burner. 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
fan failure, and at least every 4-hours
§ 57.7804 Refueling. 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
and the air quality in the affected ac-
Persons shall not smoke and open
tive workings shall be tested by a com-
flames shall not be used in the vicinity
petent person to assure that the air
of the oxygen storage and supply lines.
quality meets the requirements of the
Signs warning against smoking and
standards in subpart D of this part, be-
open flames shall be posted in these
fore any other persons are permitted to
areas.
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
flushed with a suitable solvent after A plan of the mine ventilation sys-
the stem is pulled up. tem shall be set out by the operator in
written form. Revisions of the system
shall be noted and updated at least an-
Subpart G—Ventilation nually. The ventilation plan or revi-
SURFACE AND UNDERGROUND sions thereto shall be submitted to the
District Manager for review and com-
§ 57.8518 Main and booster fans. ments upon his written request. The
(a) All mine main and booster fans plan shall, where applicable, contain
installed and used to ventilate the ac- the following:
tive workings of the mine shall be op- (a) The mine name.
erated continuously while persons are (b) The current mine map or sche-
underground in the active workings. matic or series of mine maps or sche-
However, this provision is not applica- matics of an appropriate scale, not
ble during scheduled production-cycle greater than five hundred feet to the
shutdowns or planned or scheduled fan inch, showing:
maintenance or fan adjustments where (1) Direction and quantity of prin-
air quality is maintained in compli- cipal air flows;
ance with the applicable standards of (2) Locations of seals used to isolate
subpart D of this part and all persons abandoned workings;
389
§ 57.8525 30 CFR Ch. I (7–1–20 Edition)
(3) Locations of areas withdrawn § 57.8527 Oxygen-deficiency testing.

from the ventilation system; Flame safety lamps or other suitable
(4) Locations of all main, booster and devices shall be used to test for acute
auxiliary fans not shown in paragraph oxygen deficiency.
(d) of this standard.
(5) Locations of air regulators and § 57.8528 Unventilated areas.
stoppings and ventilation doors not
shown in paragraph (d) of this stand- Unventilated areas shall be sealed, or
ard; barricaded and posted against entry.
(6) Locations of overcasts, undercasts § 57.8529 Auxiliary fan systems.
and other airway crossover devices not
shown in paragraph (d) of this stand- When auxiliary fan systems are used,
ard; such systems shall minimize recircula-
(7) Locations of known oil or gas tion and be maintained to provide ven-
wells; tilation air that effectively sweeps the
(8) Locations of known underground working places.
mine openings adjacent to the mine;
§ 57.8531 Construction and mainte-
(9) Locations of permanent under- nance of ventilation doors.
ground shops, diesel fuel storage de-
pots, oil fuel storage depots, hoist Ventilation doors shall be—
rooms, compressors, battery charging (a) Substantially constructed;
stations and explosive storage facili- (b) Covered with fire-retardant mate-
ties. Permanent facilities are those in- rial, if constructed of wood;
tended to exist for one year or more; (c) Maintained in good condition;
and (d) Self-closing, if manually oper-
(10) Significant changes in the ven- ated; and
tilation system projected for one year. (e) Equipped with audible or visual
(c) Mine fan data for all active main warning devices, if mechanically oper-
and booster fans including manufactur- ated.
er’s name, type, size, fan speed, blade § 57.8532 Opening and closing ventila-
setting, approximate pressure at tion doors.
present operating point, and motor
brake horsepower rating. When ventilation control doors are
(d) Diagrams, descriptions or opened as a part of the normal mining
sketches showing how ventilation is cycle, they shall be closed as soon as
accomplished in each typical type of possible to re-establish normal ventila-
working place including the approxi- tion to working places.
mate quantity of air provided, and typ- § 57.8534 Shutdown or failure of auxil-
ical size and type of auxiliary fans iary fans.
used.
(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
or scheduled fan maintenance or fan
[50 FR 4082, Jan. 29, 1985, as amended at 60 adjustments where air quality is main-
FR 33723, June 29, 1995] tained in compliance with the applica-
§ 57.8525 Main fan maintenance. ble standards of subpart D of this part,
and all persons underground in the af-
Main fans shall be maintained ac- fected areas are advised in advance of
cording to either the manufacturer’s such scheduled or planned fan shut-
recommendations or a written periodic downs, maintenance, or adjustments.
schedule adopted by the operator which (b) In the event of auxiliary fan fail-
shall be available at the operation on ure due to malfunction, accident,
request of the Secretary or his author- power failure, or other such unplanned
ized representative. 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
390
within 2 hours of the discovery of the ently on the same track shall be con-
fan failure, and at least every 4 hours trolled for safe operation.
thereafter by a competent person for
compliance with the requirements of § 57.9103 Clearance on adjacent tracks.
the applicable standards of subpart D Railcars shall not be left on side
of this part until normal ventilation is tracks unless clearance is provided for
restored, or traffic on adjacent tracks.
(2) All persons, except those working
on the fan, shall be withdrawn, the § 57.9104 Railroad crossings.
ventilation shall be restored to normal Designated railroad crossings shall
and the air quality in the affected ac- be posted with warning signs or sig-
tive workings shall be tested by a com- nals, or shall be guarded when trains
petent person to assure that the air are passing. These crossings shall also
quality meets the requirements of the be planked or filled between the rails.
standards in subpart D of this part, be-
fore any other persons are permitted to § 57.9160 Train movement during shift
enter the affected active workings. changes.
During shift changes, the movement
§ 57.8535 Seals.
of underground trains carrying rock or
Seals shall be provided with a means material shall be limited to areas
for checking the quality of air behind where the trains do not present a haz-
the seal and a means to prevent a ard to persons changing shifts.
water head from developing unless the
seal is designed to impound water. TRANSPORTATION OF PERSONS AND
MATERIALS
Subpart H—Loading, Hauling, and
§ 57.9200 Transporting persons.
Dumping
Persons shall not be transported—
(a) In or on dippers, forks, clam-
otherwise noted. shells, or buckets except shaft buckets
during shaft-sinking operations or dur-
TRAFFIC SAFETY ing inspection, maintenance and repair
of shafts.
§ 57.9100 Traffic control. (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
equipment shall maintain control of apply to rail equipment.
the equipment while it is in motion. (e) Between cars of trains, on the
Operating speeds shall be consistent leading end of trains, on the leading
with conditions of roadways, tracks, end of a single railcar, or in other loca-
grades, clearance, visibility, and traf- tions on trains that expose persons to
fic, and the type of equipment used. hazards from train movement.
(1) This paragraph does not apply to
§ 57.9102 Movement of independently car droppers if they are secured with
operating rail equipment. safety belts and lines which prevent
Movement of two or more pieces of them from falling off the work plat-
rail equipment operating independ- form.
391
§ 57.9201 30 CFR Ch. I (7–1–20 Edition)
(2) Brakemen and trainmen are pro- roadways where a drop-off exists of suf-
hibited from riding between cars of ficient grade or depth to cause a vehi-
moving trains but may ride on the cle to overturn or endanger persons in
leading end of trains or other locations equipment.
when necessary to perform their du- (b) Berms or guardrails shall be at
ties; least mid-axle height of the largest
(f) To and from work areas in over- self-propelled mobile equipment which
crowded mobile equipment; usually travels the roadway.
(g) In mobile equipment with mate- (c) Berms may have openings to the
rials or equipment unless the items are extent necessary for roadway drainage.
secured or are small and can be carried (d) Where elevated roadways are in-
safely by hand without creating a haz- frequently traveled and used only by
ard to persons; or service or maintenance vehicles, berms
(h) On conveyors unless the con- or guardrails are not required when all
veyors are designed to provide for their of the following are met:
safe transportation. (1) Locked gates are installed at the
entrance points to the roadway.
§ 57.9201 Loading, hauling, and un- (2) Signs are posted warning that the
loading of equipment or supplies. roadway is not bermed.
Equipment and supplies shall be load- (3) Delineators are installed along
ed, transported, and unloaded in a the perimeter of the elevated roadway
manner which does not create a hazard so that, for both directions of travel,
to persons from falling or shifting the reflective surfaces of at least three
equipment or supplies. delineators along each elevated shoul-
der are always visible to the driver and
§ 57.9202 Loading and hauling large spaced at intervals sufficient to indi-
rocks. cate the edges and attitude of the road-
Large rocks shall be broken before way.
loading if they could endanger persons (4) A maximum speed limit is posted
or affect the stability of mobile equip- and observed for the elevated unbermed
ment. Mobile equipment used for haul- portions of the roadway. Factors to
age of mined material shall be loaded consider when establishing the max-
to minimize spillage where a hazard to imum speed limit shall include the
persons could be created. width, slope and alignment of the road,
the type of equipment using the road,
§ 57.9260 Supplies, materials, and tools the road material, and any hazardous
on mantrips. conditions which may exist.
Supplies, materials, and tools, other (5) Road surface traction is not im-
than small items that can be carried by paired by weather conditions, such as
hand, shall not be transported under- sleet and snow, unless corrective meas-
ground with persons in mantrips. ures, such as the use of tire chains,
Mantrips shall be operated independ- plowing, or sanding, are taken to im-
ently of ore or supply trips. prove traction.
(e) This standard is not applicable to
§ 57.9261 Transporting tools and mate- rail beds.
rials on locomotives. [53 FR 32526, Aug. 25, 1988, as amended at 55
Tools or materials shall not be car- FR 37218, Sept. 7, 1990]
ried on top of locomotives underground
except for secured rerailing devices lo- § 57.9301 Dump site restraints.
cated in a manner which does not cre- Berms, bumper blocks, safety hooks,
ate a hazard to persons. or similar impeding devices shall be
provided at dumping locations where
SAFETY DEVICES, PROVISIONS, AND PRO- there is a hazard of overtravel or over-
CEDURES FOR ROADWAYS, RAILROADS, turning.
AND LOADING AND DUMPING SITES
§ 57.9302 Protection against moving or
§ 57.9300 Berms or guardrails. runaway railroad equipment.
(a) Berms or guardrails shall be pro- Stopblocks, derail devices, or other

vided and maintained on the banks of devices that protect against moving or
392
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 spotter’s 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.
393
§ 57.9316 30 CFR Ch. I (7–1–20 Edition)
§ 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 I—Aerial 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.
394
(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 J—Travelways and shall be provided wherever persons are
Escapeways required to walk alongside elevated
conveyor belts. Inclined railed walk-
TRAVELWAYS—SURFACE 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.
Fixed ladders shall be anchored se- § 57.11014 Crossing moving conveyors.
curely and installed to provide at least Moving conveyors shall be crossed

3 inches of toe clearance. only at designated crossover points.
395
§ 57.11016 30 CFR Ch. I (7–1–20 Edition)
§ 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
TRAVELWAYS—SURFACE 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. ESCAPEWAYS—UNDERGROUND 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 horizontal 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
TRAVELWAYS—UNDERGROUND 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—
396
(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
397
§ 57.12001 30 CFR Ch. I (7–1–20 Edition)
breathing apparatus to provide a safe Subpart K—Electricity

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 operator’s 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 enclosure’s 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.
398
§ 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-
gized cables are moved manually, insu- tionary electrical equipment or
lated hooks, tongs, ropes, or slings switchgear.

shall be used unless suitable protection
399
§ 57.12020 30 CFR Ch. I (7–1–20 Edition)
§ 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.
400
§ 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 15250–7954; Tele-
cranes and similar equipment shall phone: 866–512–1800 (toll free) or 202–512–
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
20899–3460. Telephone: 301–975–6478 (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
401
§ 57.12068 30 CFR Ch. I (7–1–20 Edition)
and at least 3 feet from any energized § 57.12083 Support of power cables in
parts, casings, or wiring. shafts and boreholes.
Power cables in shafts and boreholes
§ 57.12068 Locking transformer enclo-
sures. shall be fastened securely in such a
manner as to prevent undue strain on
Transformer enclosures shall be kept the sheath, insulation, or conductors.
locked against unauthorized entry.
§ 57.12084 Branch circuit dis-
§ 57.12069 Lightning protection for connecting devices.
telephone wires and ungrounded
conductors. Disconnecting switches that can be
opened safely under load shall be pro-
Each ungrounded conductor or tele- vided underground at all branch cir-
phone wire that leads underground and cuits extending from primary power
is directly exposed to lightning shall be circuits near shafts, adits, levels and
equipped with suitable lightning arres- boreholes.
tors of approved type within 100 feet of
the point where the circuit enters the § 57.12085 Transformer stations.
mine. Lightning arrestors shall be con-
Transformer stations shall be en-
nected to a low resistance grounding
closed to prevent persons from unin-
medium on the surface and shall be
tentionally or inadvertently con-
separated from neutral grounds by a
tacting energized parts.
distance of not less than 25 feet.
§ 57.12086 Location of trolley wire.
§ 57.12071 Movement or operation of
equipment near high-voltage Trolley and trolley feeder wire shall
powerlines. be installed opposite the clearance side
When equipment must be moved or of haulageways. However, this standard
operated near energized high-voltage does not apply where physical limita-
powerlines (other than trolley lines) tions would prevent the safe installa-
and the clearance is less than 10 feet, tion or use of such trolley and trolley
the lines shall be deenergized or other feeder wire.
precautionary measures shall be taken. § 57.12088 Splicing trailing cables.
UNDERGROUND ONLY No splice, except a vulcanized splice
or its equivalent, shall be made in a
§ 57.12080 Bare conductor guards. trailing cable within 25 feet of the ma-
Trolley wires and bare power conduc- chine unless the machine is equipped
tors shall be guarded at mantrip load- with a cable reel or other power feed
ing and unloading points, and at shaft cable payout-retrieval system. How-
stations. Where such trolley wires and ever, a temporary splice may be made
bare power conductors are less than 7 to move the equipment for repair.
feet above the rail, they shall be guard-
ed at all points where persons work or Subpart L—Compressed 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-
402
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 3⁄4-inch inside di-
pressors. ameter or larger, and between high-
pressure hose lines of 3⁄4-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:
403
§ 57.14000 30 CFR Ch. I (7–1–20 Edition)
(1) The ASME Boiler and Pressure shall be made available to the Sec-
Vessel Code, 1977, published by the retary or his authorized representative.
American Society of Mechanical Engi- (d) Sections of the ASME Boiler and
neers. Pressure Vessel Code, 1977, listed in
paragraph (b)(1) of this section, and
SECTION AND TITLE chapters and appendices of the Na-
I Power Boilers tional Board Inspection Code, 1979, list-
II Material Specifications—Part A—Fer- ed in paragraph (b)(2) of this section,
rous are incorporated by reference and made
II Material Specifications—Part B—Non- a part of this standard. These publica-
ferrous tions may be obtained from the pub-
II Material Specifications—Part C—Weld-
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: 800–843–2763 (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 M—Machinery 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.
404
(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 M–1.
TABLE M–1
Equipment Speed, MPH
10 11 12 13 14 15 16 17 18 19 20
Service Brake Maximum Stopping Distance—Feet
0–36,000 ........................................................... 34 38 43 48 53 59 64 70 76 83 89
36,000–70,000 .................................................. 41 46 52 58 62 70 76 83 90 97 104
70,000–14,0000 ................................................ 48 54 61 67 74 81 88 95 103 111 119
140,000–250,000 .............................................. 56 62 69 77 84 92 100 108 116 125 133
250,000–400,000 .............................................. 59 66 74 81 89 97 105 114 123 132 141
Over–400,000 ................................................... 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 M–2—THE SPEED OF A VEHICLE CAN BE DETERMINED BY CLOCKING IT THROUGH A 100-

FOOT MEASURED COURSE AT CONSTANT VELOCITY USING TABLE M–2. WHEN THE SERVICE
BRAKES ARE APPLIED AT THE END OF THE COURSE, STOPPING DISTANCE CAN BE MEASURED AND
COMPARED TO TABLE M–1.
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
405
§ 57.14102 30 CFR Ch. I (7–1–20 Edition)
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
406
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.
407
§ 57.14113 30 CFR Ch. I (7–1–20 Edition)
(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 manufacturer’s name and ad-
and enclosing not less than 270°—of 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 1⁄8 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
408
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, PA 15096–0001; 724–776–4841;
ance requirements. http://www.sae.org.
(f) Exemptions. (1) This standard does
[53 FR 32528, Aug. 25, 1988; 53 FR 44588, Nov.
not apply to— 4, 1988, as amended at 60 FR 33722, June 29,
(i) Self-propelled mobile equipment 1995; 67 FR 38385, June 4, 2002; 68 FR 19347,
manufactured prior to July 1, 1969; Apr. 21, 2003; 80 FR 52988, Sept. 2, 2015]
(ii) Over-the-road type tractors that
pull trailers or vans on highways; § 57.14131 Seat belts for surface haul-
(iii) Equipment that is only operated age trucks.
by remote control; and (a) Seat belts shall be provided and
(2) Self-propelled mobile equipment worn in haulage trucks.
manufactured prior to October 24, 1988, (b) Seat belts shall be maintained in
that is equipped with ROPS and seat functional condition, and replaced
belts that meet the installation and when necessary to assure proper per-
performance requirements of 30 CFR formance.
57.9088 (1986 edition) shall be considered
(c) Seat belts required under this sec-
in compliance with paragraphs (b) and
tion shall meet the requirements of
(h) of this section.
SAE J386, ‘‘Operator Restraint System
(g) Wearing seat belts. Seat belts shall
for Off-Road Work Machines’’ (1985,
be worn by the equipment operator ex-
1993, or 1997), which are incorporated by
cept that when operating graders from
reference.
a standing position, the grader oper-
ator shall wear safety lines and a har- (d) The incorporation by reference of
ness in place of a seat belt. these publications is approved by the
(h) Seat belts construction. Seat belts Director of the Federal Register in ac-
required under this section shall meet cordance with 5 U.S.C. 552(a) and 1 CFR
the requirement of SAE J386, ‘‘Oper- part 51. Copies of these publications
ator Restraint System for Off-Road 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 MSHA’s Office of Stand-
Structures (ROPS) for Wheeled Agri- ards, Regulations, and Variances, 201
cultural Tractors’’ (1983, 1989, 1994, or 12th Street South, Arlington, VA 22202–
1999), as applicable, which are incor- 5452; 202–693–9440; or at the National Ar-
porated by reference. chives and Records Administration
(i) Seat belt maintenance. Seat belts (NARA). For information on the avail-
shall be maintained in functional con- ability of this material at NARA, call
dition, and replaced when necessary to 202–741–6030, 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, PA 15096–0001; 724–776–4841;
these publications may be examined at http://www.sae.org.
any Metal and Nonmetal Mine Safety [53 FR 32528, Aug. 25, 1988, as amended at 67
and Health District Office; at MSHA’s FR 38385, June 4, 2002; 68 FR 19347, Apr. 21,
Office of Standards, Regulations, and 2003; 80 FR 52988, Sept. 2, 2015]
Variances, 201 12th Street South, Ar-
lington, VA 22202–5452; 202–693–9440; or § 57.14132 Horns and backup alarms
at the National Archives and Records for surface equipment.
Administration (NARA). For informa- (a) Manually-operated horns or other
tion on the availability of this mate- audible warning devices provided on
rial at NARA, call 202–741–6030, or go self-propelled mobile equipment as a
to: http://www.archives.gov/fed- safety device shall be maintained in a

erallregister/ functional condition.
409
§ 57.14160 30 CFR Ch. I (7–1–20 Edition)
(b)(1) When the operator has an ob- persons are in the clear before starting
structed view to the rear, self-propelled the conveyor.
mobile equipment shall have— (b) When the entire length of the con-
(i) An automatic reverse-activated veyor is not visible from the starting
signal alarm; switch, a system which provides visible
(ii) A wheel-mounted bell alarm or audible warning shall be installed
which sounds at least once for each and operated to warn persons that the
three feet of reverse movement; conveyor will be started. Within 30 sec-
(iii) A discriminating backup alarm onds after the warning is given, the
that covers the area of obstructed
conveyor shall be started or a second
view; or
warning shall be given.
(iv) An observer to signal when it is
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
rail equipment. § 57.14203 Application of belt dressing.
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
Mantrips shall be covered if there is used that allows the dressing to be ap-
danger of persons contacting the trol- plied from outside the guards.
ley wire.
§ 57.14204 Machinery lubrication.
§ 57.14161 Makeshift couplings.
Machinery or equipment shall not be
Couplings used on underground rail
equipment shall be designed for that lubricated manually while it is in mo-
equipment, except that makeshift cou- tion where application of the lubricant
plings may be used to move disabled may expose persons to injury.
rail equipment for repairs if no hazard
§ 57.14205 Machinery, equipment, and
to persons is created.
tools.
§ 57.14162 Trip lights. Machinery, equipment, and tools
On underground rail haulage, trip shall not be used beyond the design ca-
lights shall be used on the rear of pacity intended by the manufacturer,
pulled trips and on the front of pushed where such use may create a hazard to
trips. persons.
SAFETY PRACTICES AND OPERATIONAL § 57.14206 Securing movable parts.

PROCEDURES
(a) When moving mobile equipment
§ 57.14200 Warnings prior to starting between workplaces, booms, forks,
or moving equipment. buckets, beds, and similar movable
Before starting crushers or moving parts of the equipment shall be posi-
self-propelled mobile equipment, equip- tioned in the travel mode and, if re-
ment operators shall sound a warning quired for safe travel, mechanically se-
that is audible above the surrounding cured.
noise level or use other effective means (b) When mobile equipment is unat-
to warn all persons who could be extended or not in use, dippers, buckets
posed to a hazard from the equipment. and scraper blades shall be lowered to
the ground. Other movable parts, such
§ 57.14201 Conveyor start-up warnings. as booms, shall be mechanically se-
(a) When the entire length of a con- cured or positioned to prevent move-
veyor is visible from the starting ment which would create a hazard to
switch, the conveyor operator shall vis- persons.

ually check to make certain that all
410
§ 57.14207 Parking procedures for un- § 57.14211 Blocking equipment in a

attended equipment. raised position.
Mobile equipment shall not be left (a) Persons shall not work on top of,
unattended unless the controls are under, or work from mobile equipment
placed in the park position and the in a raised position until the equip-
parking brake, if provided, is set. When ment has been blocked or mechanically
parked on a grade, the wheels or tracks secured to prevent it from rolling or
of mobile equipment shall be either falling accidentally.
(b) Persons shall not work on top of,
chocked or turned into a bank or rib.
under, or work from a raised compo-
§ 57.14208 Warning devices. nent of mobile equipment until the
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-
ered to be blocked or mechanically se-
tion. Such flags or lights shall be at-
cured if provided with a functional
tached to the end of the projection or
load-locking device or devices which
be carried by persons walking beside or prevent free and uncontrolled descent.
behind the projection. (e) Blocking or mechanical securing
of the raised component is required
§ 57.14209 Safety procedures for tow-
ing. during repair or maintenance of ele-
vated mobile work platforms.
(a) A properly sized tow bar or other
effective means of control shall be used § 57.14212 Chains, ropes, and drive
to tow mobile equipment. belts.
(b) Unless steering and braking are Chains, ropes, and drive belts shall be
under the control of the equipment op- guided mechanically onto moving pul-
erator on the towed equipment, a safe- leys, sprockets, or drums except where
ty chain or wire rope capable of with- equipment is designed specifically for
standing the loads to which it could be hand feeding.
subjected shall be used in conjunction
§ 57.14213 Ventilation and shielding
with any primary rigging. for welding.
(c) This provision does not apply to
(a) Welding operations shall be
rail equipment.
shielded when performed at locations
§ 57.14210 Movement of dippers, buck- where arc flash could be hazardous to
ets, loading booms, or suspended persons.
loads. (b) All welding operations shall be
well-ventilated.
(a) Dippers, buckets, loading booms,
or suspended loads shall not be swung § 57.14214 Train warnings.
over the operators’ stations of self-pro- A warning that is audible above the
pelled mobile equipment until the surrounding noise level shall be sound-
equipment operator is out of the opera- ed—
tor’s station and in a safe location. (a) Immediately prior to moving
(b) This section does not apply when trains;
the equipment is specifically designed (b) When trains approach persons,
to protect the equipment operator from crossing, other trains on adjacent

falling objects. tracks; and
411
§ 57.14215 30 CFR Ch. I (7–1–20 Edition)
(c) Any place where the train opera- MSHA STANDARD 57.14106, FALLING OBJECT
tor’s vision is obscured. PROTECTION—Continued
§ 57.14215 Coupling or uncoupling Equipment National consensus standard
cars. Fork-lift trucks ........ American National Standards Institute
Prior to coupling or uncoupling cars (ANSI) safety standard for low lift
manually, trains shall be brought to a and high lift trucks, B 56.1, section
7.27—1983; or
complete stop, and then moved at min- American National Standards Institute
imum tram speed until the coupling or (ANSI) standard, rough terrain fork
uncoupling activity is completed. Cou- lift trucks, B 56.6—1987.
pling or uncoupling shall not be at-
tempted from the inside of curves un-
less the railroad and cars are designed Subpart N—Personal Protection
to eliminate hazards to persons. SURFACE AND UNDERGROUND
§ 57.14216 Backpoling. § 57.15001 First aid materials.
Backpoling of trolleys is prohibited
Adequate first-aid materials, includ-
except where there is inadequate clear-
ing stretchers and blankets shall be
ance to reverse the trolley pole. Where
provided at places convenient to all
backpoling is required, it shall be done
working areas. Water or neutralizing
only at the minimum tram speed of the
agents shall be available where corro-
trolley.
sive chemicals or other harmful sub-
§ 57.14217 Securing parked railcars. stances are stored, handled, or used.
Parked railcars shall be blocked se- § 57.15002 Hard hats.
curely unless held effectively by
All persons shall wear suitable hard
brakes.
hats when in or around a mine or plant
§ 57.14218 Movement of equipment on where falling objects may create a haz-
adjacent tracks. ard.
When a locomotive on one track is § 57.15003 Protective footwear.
used to move rail equipment on adja-
cent tracks, a chain, cable, or drawbar All persons shall wear suitable pro-
shall be used which is capable of with- tective footwear when in or around an
standing the loads to which it could be area of a mine or plant where a hazard
subjected. exists which could cause an injury to
the feet.
§ 57.14219 Brakeman signals.
§ 57.15004 Eye protection.
When a train is under the direction of
a brakeman and the train operator can- All persons shall wear safety glasses,
not clearly recognize the brakeman’s 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
where a hazard exists which could
APPENDIX I TO SUBPART M OF PART 57— cause injury to unprotected eyes.
NATIONAL CONSENSUS STANDARDS
§ 57.15005 Safety belts and lines.
Mine operators seeking further informa-
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 J231—January, 1981. reliable condition and used whenever
412
hazards of process or environment, Subpart O—Materials Storage and

chemical hazards, radiological hazards, Handling
or mechanical 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-
[53 FR 32533, Aug. 25, 1988] ations persons are not required to
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-
Life jackets or belts shall be worn charge operating controls. The controls
where there is danger from falling into shall be located so that spills or over-
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
of self-rescue devices. passageways shall be provided.
(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
self-rescue devices meeting the require- § 57.16003 Storage of hazardous mate-
ments of standard 57.15030 is hazardous rials.
to a person, such self-rescue devices
Materials that can create hazards if
shall be located at a distance no great-
er than 25 feet from such person. accidentally liberated from their con-
(c) Where a person works on or tainers shall be stored in a manner
around mobile equipment, self-rescue that minimizes the dangers.
devices may be placed in a readily ac-

cessible location on such equipment.
413
§ 57.16004 30 CFR Ch. I (7–1–20 Edition)
§ 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-

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.
414
§ 57.17010 Electric lamps. § 57.18006 New employees.

Individual electric lamps shall be New employees shall be indoctrinated
carried for illumination by all persons in safety rules and safe work proce-
underground. dures.
§ 57.18009 Designation of person in

Subpart Q—Safety Programs charge.
SURFACE AND UNDERGROUND When persons are working at the
mine, a competent person designated
§ 57.18002 Examination of working by the mine operator shall be in at-
places. tendance to take charge in case of an
(a) A competent person designated by emergency.
the operator shall examine each work-
ing place at least once each shift before § 57.18010 First aid.
miners begin work in that place, for An individual capable of providing
conditions that may adversely affect first aid shall be available on all shifts.
safety or health. The individual shall be currently
(1) The operator shall promptly no- trained and have the skills to perform
tify miners in any affected areas of any patient assessment and artificial res-
conditions found that may adversely piration; control bleeding; and treat
affect safety or health and promptly shock, wounds, burns, and musculo-
initiate appropriate action to correct skeletal injuries. First aid training
such conditions. shall be made available to all inter-
(2) Conditions noted by the person ested miners.
conducting the examination that may
[61 FR 50436, Sept. 26, 1996]
present an imminent danger shall be
brought to the immediate attention of § 57.18012 Emergency telephone num-
the operator who shall withdraw all bers.
persons from the area affected (except
Emergency telephone numbers shall
persons referred to in section 104(c) of
be posted at appropriate telephones.
the Federal Mine Safety and Health
Act of 1977) until the danger is abated. § 57.18013 Emergency communications
(b) A record of each examination system.
shall be made before the end of the
A suitable communication system
shift for which the examination was
shall be provided at the mine to obtain
conducted. The record shall contain
assistance in the event of an emer-
the name of the person conducting the
gency.
examination; date of the examination;
location of all areas examined; and de- § 57.18014 Emergency medical assist-
scription of each condition found that ance and transportation.
may adversely affect the safety or
health of miners. Arrangements shall be made in ad-
vance for obtaining emergency medical
(c) When a condition that may ad-
assistance and transportation for in-
versely affect safety or health is cor-
jured persons.
rected, the examination record shall
include, or be supplemented to include, SURFACE ONLY
the date of the corrective action.
(d) The operator shall maintain the § 57.18020 Working alone.
examination records for at least one
No employee shall be assigned, or al-
year, make the records available for in-
lowed, or be required to perform work
spection by authorized representatives
alone in any area where hazardous con-
of the Secretary and the representa-
ditions exist that would endanger his
tives of miners, and provide these rep-
safety unless he can communicate with
resentatives a copy on request.
others, can be heard, or can be seen.

[84 FR 51401, Sept. 30, 2019]
415
§ 57.18025 30 CFR Ch. I (7–1–20 Edition)
UNDERGROUND ONLY office at least 2 years from the date of

instruction. Upon completion of such
§ 57.18025 Working alone. instruction, copies of the record shall
No employee shall be assigned, or al- be submitted to the District Manager.
lowed, or be required to perform work (e) The Bureau of Mines instruction
alone in any area where hazardous con- guides to which reference is made in
ditions exist that would endanger his items (a) and (b) of this standard are
safety unless his cries for help can be hereby incorporated by reference and
heard or he can be seen. made a part hereof. The incorporated
instruction guides are available and
§ 57.18028 Mine emergency and self-
rescuer training. shall be provided upon request made to
any Metal and Nonmetal Mine Safety
(a) On an annual basis, all persons and Health district office.
who are required to go underground
shall be instructed in the Mine Safety [50 FR 4082, Jan. 29, 1985, as amended at 71
and Health Administration approved FR 16667, Apr. 3, 2006]
course contained in Bureau of Mines
Instruction Guide 19, ‘‘Mine Emergency Subpart R—Personnel Hoisting
Training’’ (September 1972). The in-
struction shall be given by MSHA per- § 57.19000 Application.
sonnel or by persons who are certified
(a) The hoisting standards in this
by the District Manager of the area in
subpart apply to those hoists and ap-
which the mine is located.
purtenances used for hoisting persons.
(b) On an annual basis, all persons
who go underground shall be instructed However, where persons may be endan-
in the Mine Safety and Health Admin- gered by hoists and appurtenances used
istration course contained in Bureau of solely for handling ore, rock, and mate-
Mines Instruction Guide 2, ‘‘MSA W–65 rials, the appropriate standards should
Self-Rescuer’’ (March 1972) or Bureau be applied.
of Mines Instruction Guide 3, ‘‘Permis- (b) Standards 57.19021 through 57.19028
sible Drager 810 Respirator for Self- shall apply to wire ropes in service
Rescue’’ (March 1972). The instruction used to hoist—
shall be given by MSHA personnel or (1) Persons in shafts and slopes un-
by persons who are certified by the Dis- derground;
trict Manager of the area in which the (2) Persons with an incline hoist on
mine is located: Provided, however, the surface; or
That if a Mine Safety and Health Ad- (3) Loads in shaft or slope develop-
ministration instructor or a certified ment when persons work below sus-
instructor is not immediately available pended loads.
such instruction of new employees in (4) These standards do not apply to
self-rescuers may be conducted by wire ropes used for elevators.
qualified company personnel who are (c) Emergency hoisting facilities
not certified, but who have obtained should conform to the extent possible
provisional approval from the District to safety requirements for other hoists,
Manager. Any person who has not had and should be adequate to remove the
self-rescuer instruction within 12 persons from the mine with a minimum
months immediately preceding going
of delay.
underground shall be instructed in the
use of self-rescuers before going under- HOISTS
ground.
(c) All instructional material, hand- § 57.19001 Rated capacities.
outs, visual aids, and other such teach-
ing accessories used by the operator in Hoists shall have rated capacities
the courses prescribed in paragraphs consistent with the loads handled and
(a) and (b) of this section shall be the recommended safety factors of the
available for inspection by the Sec- ropes used.
retary or his authorized representative.
(d) Records of all instruction shall be § 57.19002 Anchoring.

kept at the mine site or nearest mine Hoists shall be anchored securely.
416
§ 57.19003 Driving mechanism connec- § 57.19011 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.
§ 57.19004 Brakes. § 57.19012 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.
fully loaded cage, skip, or bucket at
any point in the shaft. § 57.19013 Diesel- and other fuel-injec-
tion-powered hoists.
§ 57.19005 Locking mechanism for Where any diesel or similar fuel-in-
clutch. jection engine is used to power a hoist,
The operating mechanism of the the engine shall be equipped with a
clutch of every man-hoist drum shall damper or other cutoff in its air intake
be provided with a locking mechanism, system. The control handle shall be
or interlocked electrically or mechani- clearly labeled to indicate that its in-
tended function is for emergency stop-
cally with the brake to prevent acci-
ping only.
dental withdrawal of the clutch.
§ 57.19014 Friction hoist overtravel
§ 57.19006 Automatic hoist braking de- protection.
vices.
In a friction hoist installation, ta-
Automatic hoists shall be provided pered guides or other approved devices
with devices that automatically apply shall be installed above and below the
the brakes in the event of power fail- limits of regular travel of the convey-
ure. ance and arranged to prevent over-
travel in the event of failure of other
§ 57.19007 Overtravel and overspeed
devices.
devices.
All man hoists shall be provided with § 57.19017 Emergency braking for elec-
devices to prevent overtravel. When tric hoists.
utilized in shafts exceeding 100 feet in Each electric hoist shall be equipped
depth, such hoists shall also be pro- with a manually-operable switch that
vided with overspeed devices. will initiate emergency braking action
to bring the conveyance and the coun-
§ 57.19008 Friction hoist synchronizing terbalance safely to rest. This switch
mechanisms. shall be located within reach of the
Where creep or slip may alter the ef- hoistman in case the manual controls
fective position of safety devices, fric- of the hoist fail.
tion hoists shall be equipped with syn-
chronizing mechanisms that recali- § 57.19018 Overtravel by-pass switches.
brate the overtravel devices and posi- When an overtravel by-pass switch is
tion indicators. installed, the switch shall function so
as to allow the conveyance to be moved
§ 57.19009 Position indicator. through the overtravel position when
An accurate and reliable indicator of the switch is held in the closed position
the position of the cage, skip, bucket, by the hoistman. The overtravel by-
or cars in the shaft shall be provided. pass switch shall return automatically
to the open position when released by
§ 57.19010 Location of hoist controls. the hoistman.
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. 91–173 as
417
§ 57.19019 30 CFR Ch. I (7–1–20 Edition)
amended by Pub. L. 95–164, 91 Stat. 1291 (30 damage, corrosion, and improper lubri-
U.S.C. 811). cation or dressing. In addition, visual
examination for wear and broken wires
§ 57.19019 Guide ropes.
shall be made at stress points, includ-
If guide ropes are used in shafts for ing the area near attachments, where
personnel hoisting applications other the rope rests on sheaves, where the
than shaft development, the nominal rope leaves the drum, at drum cross-
strength (manufacturer’s published overs, and at change-of-layer regions.
catalog strength) of the guide rope at When any visible condition that results
installation shall meet the minimum in a reduction of rope strength is
value calculated as follows: Minimum present, the affected portion of the
value = Static Load × 5.0. rope shall be examined on a daily basis.
(b) Before any person is hoisted with
§ 57.19021 Minimum rope strength.
a newly installed wire rope or any wire
At installation, the nominal strength rope that has not been examined in the
(manufacturer’s published catalog previous fourteen calendar days, the
strength) of wire ropes used for hoist- wire rope shall be examined in accord-
ing shall meet the minimum rope ance with paragraph (a) of this section.
strength values obtained by the fol- (c) At least once every six months,
lowing formulas in which ‘‘L’’ equals nondestructive tests shall be conducted
the maximum suspended rope length in of the active length of the rope, or rope
feet: diameter measurements shall be
(a) Winding drum ropes (all construc- made—
tions, including rotation resistant). (1) Wherever wear is evident;
For rope lengths less than 3,000 feet: Min- (2) Where the hoist rope rests on
imum Value = Static Load × (7.0 ¥ 0.001L) sheaves at regular stopping points;
For rope lengths 3,000 feet or greater: Min- (3) Where the hoist rope leaves the
imum Value = Static Load × 4.0. drum at regular stopping points; and
(b) Friction drum ropes. (4) At drum crossover and change-of-
For rope lengths less than 4,000 feet: Min-
layer regions.
imum Value = Static Load × (7.0 ¥ 0.0005L) (d) At the completion of each exam-
For rope lengths 4,000 feet or greater: Min- ination required by paragraph (a) of
imum Value = Static Load × 5.0. this section, the person making the ex-
(c) Tail ropes (balance ropes). amination shall certify, by signature
and date, that the examination has
Minimum Value = Weight of Rope × 7.0 been made. If any condition listed in
paragraph (a) of this section is present,
§ 57.19022 Initial measurement. the person conducting the examination
After initial rope stretch but before shall make a record of the condition
visible wear occurs, the rope diameter and the date. Certifications and records
of newly installed wire ropes shall be of examinations shall be retained for
measured at least once in every third one year.
interval of active length and the meas- (e) The person making the measure-
urements averaged to establish a base- ments or nondestructive tests as re-
line for subsequent measurements. A quired by paragraph (c) of this section
record of the measurements and the shall record the measurements or test
date shall be made by the person tak- results and the date. This record shall
ing the measurements. This record be retained until the rope is retired
shall be retained until the rope is re- from service.
tired from service.
§ 57.19024 Retirement criteria.
FR 33722, June 29, 1995] Unless damage or deterioration is re-
moved by cutoff, wire ropes shall be re-
§ 57.19023 Examinations. moved from service when any of the
(a) At least once every fourteen cal- following conditions occurs:
endar days, each wire rope in service (a) The number of broken wires with-
shall be visually examined along its en- in a rope lay length, excluding filler
tire active length for visible structural wires, exceeds either—
418
(1) Five percent of the total number § 57.19027 End attachment retermi-
of wires; or nation.
(2) Fifteen percent of the total num- Damaged or deteriorated wire rope
ber of wires within any strand. shall be removed by cutoff and the rope
(b) On a regular lay rope, more than reterminated where there is—
one broken wire in the valley between (a) More than one broken wire at an
strands in one rope lay length. attachment;
(c) A loss of more than one-third of (b) Improper installation of an at-
the original diameter of the outer tachment;
wires. (c) Slippage at an attachment; or
(d) Rope deterioration from corro- (d) Evidence of deterioration from
corrosion at an attachment.
sion.
(e) Distortion of the rope structure. § 57.19028 End attachment replace-
(f) Heat damage from any source. ment.
(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.
(h) Loss of more than ten percent of
rope strength as determined by non- § 57.19030 Safety device attachments.
destructive testing. Safety device attachments to hoist
ropes shall be selected, installed, and
§ 57.19025 Load end attachments. maintained according to manufactur-
(a) Wire rope shall be attached to the ers’ specifications to minimize internal
load by a method that develops at least corrosion and weakening of the hoist
80 percent of the nominal strength of rope.
the rope. HEADFRAMES AND SHEAVES
(b) Except for terminations where use
of other materials is a design feature, § 57.19035 Headframe design.
zinc (spelter) shall be used for All headframes shall be constructed
socketing wire ropes. Design feature with suitable design considerations to
means either the manufacturer’s 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
§ 57.19037 Fleet angles.
rope shall be attached—
(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
than one and one-half degrees for
(2) Securely by clips after making
smooth drums or two degrees for
one full turn around the shaft, if the
grooved drums.
drum is fixed to the shaft; or
(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 Platforms with toeboards and hand-
the hoist drum. Design feature means rails shall be provided around elevated
either the manufacturer’s original de- head sheaves.
sign or a design approved by a reg-
istered professional engineer. CONVEYANCES
(b) A minimum of three full turns of
§ 57.19045 Metal bonnets.
wire rope shall be on the drum when
Man cages and skips used for hoisting
the rope is extended to its maximum

working length. or lowering employees or other persons
in any vertical shaft or any incline
419
§ 57.19049 30 CFR Ch. I (7–1–20 Edition)
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.
§ 57.19049 Hoisting persons in buckets. § 57.19058 Experienced hoist opera-
tors.
Buckets shall not be used to hoist
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.
§ 57.19050 Bucket requirements.
§ 57.19061 Maximum hoisting speeds.
Buckets used to hoist persons during
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 shall 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.
(b) Have overhead protection when
the shaft depth exceeds 50 feet; § 57.19062 Maximum acceleration and
deceleration.
(c) Have sufficient depth or a suit-
ably designed platform to transport Maximum normal operating accelera-
persons safely in a standing position; tion and deceleration shall not exceed 6
and feet per second per second. During
(d) Have devices to prevent acci- emergency braking, the deceleration
dental dumping where the bucket is shall not exceed 16 feet per second per
supported by a bail attached to its second.
lower half.
§ 57.19063 Persons allowed in hoist
§ 57.19054 Rope guides. room.
Where rope guides are used in shafts Only authorized persons shall be in
other than in shaft sinking operations, hoist rooms.
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.
When a manually operated hoist is § 57.19066 Maximum riders in a con-
used, a qualified hoistman shall remain veyance.
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 operator’s 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.
420
§ 57.19069 Entering and leaving con- per minute when within 100 feet of the
veyances. intended station.
Persons shall not enter or leave con-
§ 57.19077 Lowering buckets.
veyances which are in motion or after
a signal to move the conveyance has Buckets shall be stopped about 15
been given to the hoistman. feet from the shaft bottom to await a
signal from one of the crew on the bot-
§ 57.19070 Closing cage doors or gates. tom for further lowering.
Cage doors or gates shall be closed
§ 57.19078 Hoisting buckets from the
while persons are being hoisted; they shaft bottom.
shall not be opened until the cage has
come to a stop. All buckets shall be stopped after
being raised about three feet above the
§ 57.19071 Riding in skips or buckets. shaft bottom. A bucket shall be sta-
Persons shall not ride in skips or bilized before a hoisting signal is given
buckets with muck, supplies, mate- to continue hoisting the bucket to the
rials, or tools other than small hand crosshead. After a hoisting signal is
tools. given, hoisting to the crosshead shall
be at a minimum speed. The signaling
§ 57.19072 Skips and cages in same device shall be attended constantly
compartment. until a bucket reaches the guides.
When combinations of cages and When persons are hoisted, the signaling
skips are used in the same compart- devices shall be attended until the
ment, the cages shall be enclosed to crosshead has been engaged.
protect personnel from flying material § 57.19079 Blocking mine cars.
and the hoist speed reduced to man-
speed as defined in standard 57.19061, Where mine cars are hoisted by cage
but not to exceed 1,000 feet per minute. or skip, means for blocking cars shall
Muck shall not be hoisted with per- be provided at all landings and also on
sonnel during shift changes. the cage.
§ 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
only when suitable protection for per- boarding or loading the conveyances.
sons is provided.
§ 57.19083 Overtravel backout device.
§ 57.19075 Use of open hooks. A manually operated device shall be
Open hooks shall not be used to hoist installed on each electric hoist that
buckets or other conveyances. will allow the conveyance or counter-
balance to be removed from an over-
§ 57.19076 Maximum speeds for hoist- travel position. Such device shall not
ing persons in buckets. release the brake, or brakes, holding
When persons are hoisted in buckets, the overtravelled conveyance or coun-
speeds shall not exceed 500 feet per terbalance until sufficient drive motor
minute and shall not exceed 200 feet torque has been developed to assure
421
§ 57.19090 30 CFR Ch. I (7–1–20 Edition)
movement of the conveyance or coun- SHAFTS

terbalance in the correct direction
only. § 57.19100 Shaft landing gates.
Shaft landings shall be equipped with
SIGNALING substantial safety gates so constructed
that materials will not go through or
§ 57.19090 Dual signaling systems. 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
§ 57.19101 Stopblocks and derail
room, one of which shall be a telephone switches.
or speaking tube.
Positive stopblocks or a derail switch
§ 57.19091 Signaling instructions to shall be installed on all tracks leading
hoist operator. to a shaft collar or landing.
Hoist operators shall accept hoisting § 57.19102 Shaft guides.
instructions only by the regular sig- A means shall be provided to guide
naling system unless it is out of order. the movement of a shaft conveyance.
In such an event, and during other
emergencies, the hoist operator shall § 57.19103 Dumping facilities and load-
accept instructions to direct movement ing pockets.
of the conveyances only from author- Dumping facilities and loading pock-
ized persons. ets shall be constructed so as to mini-
mize spillage into the shaft.
§ 57.19092 Signaling from conveyances.
§ 57.19104 Clearance at shaft stations.
A method shall be provided to signal
the hoist operator from cages or other Suitable clearance at shaft stations
conveyances at any point in the shaft. shall be provided to allow safe move-
ment of persons, equipment and mate-
§ 57.19093 Standard signal code. rials.
A standard code of hoisting signals § 57.19105 Landings with more than
shall be adopted and used at each mine. one shaft entrance.
The movement of a shaft conveyance A safe means of passage around open
on a ‘‘one bell’’ signal is prohibited. shaft compartments shall be provided
on landings with more than one en-
§ 57.19094 Posting signal code. trance to the shaft.
A legible signal code shall be posted
prominently in the hoist house within § 57.19106 Shaft sets.
easy view of the hoistmen, and at each Shaft sets shall be kept in good re-
place where signals are given or repair and clean of hazardous material.
ceived.
§ 57.19107 Precautions for work in
§ 57.19095 Location of signal devices. compartment affected by hoisting
operation.
Hoisting signal devices shall be posi-
Hoistmen shall be informed when
tioned within easy reach of persons on
persons are working in a compartment
the shaft bottom or constantly at- affected by that hoisting operation and
tended by a person stationed on the a ‘‘Men Working in Shaft’’ sign shall be
lower deck of the sinking platform. posted at the hoist.
§ 57.19096 Familiarity with signal § 57.19108 Posting warning signs dur-
code. ing shaft work.
Any person responsible for receiving When persons are working in a shaft
or giving signals for cages, skips, and ‘‘Men Working in Shaft’’ signs shall be
mantrips when persons or materials posted at all devices controlling hoist-
are being transported shall be familiar ing operations that may endanger such
with the posted signaling code. persons.
422
§ 57.19109 Shaft inspection and repair. § 57.19122 Replacement parts.

Shaft inspection and repair work in Parts used to repair hoists shall have
vertical shafts shall be performed from properties that will ensure the proper
substantial platforms equipped with and safe function of the hoist.
bonnets or equivalent overhead protec-
§ 57.19129 Examinations and tests at
tion. beginning of shift.
§ 57.19110 Overhead protection for Hoistmen shall examine their hoists
shaft deepening work. and shall test overtravel, deadman con-
trols, position indicators, and braking
A substantial bulkhead or equivalent mechanisms at the beginning of each
protection shall be provided above per- shift.
sons at work deepening a shaft.
§ 57.19130 Conveyance shaft test.
§ 57.19111 Shaft-sinking ladders.
Before hoisting persons and to assure
Substantial fixed ladders shall be that the hoisting compartments are
provided from the collar to as near the clear of obstructions, empty hoist con-
shaft bottom as practical during shaft- veyances shall be operated at least one
sinking operations, or an escape hoist round trip after—
powered by an emergency power source (a) Any hoist or shaft repairs or re-
shall be provided. When persons are on lated equipment repairs that might re-
the shaft bottom, a chain ladder, wire strict or obstruct conveyance clear-
rope ladder, or other extension ladders ance;
shall be used from the fixed ladder or (b) Any oversize or overweight mate-
rial or equipment trips that might re-
lower limit of the escape hoist to the
strict or obstruct conveyance clear-
shaft bottom.
ance;
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
longer.
A systematic procedure of inspection,
testing and maintenance of shaft and § 57.19131 Hoist conveyance connec-
hoisting equipment shall be developed tions.
and followed. If it is found or suspected Hoist conveyance connections shall
that any part is not functioning prop- be inspected at least once during any
erly, the hoist shall not be used until 24-hour period that the conveyance is
the malfunction has been located and used for hoisting persons.
repaired or adjustments have been
made. § 57.19132 Safety catches.
(a) A performance drop test of hoist
§ 57.19121 Recordkeeping. conveyance safety catches shall be
At the time of completion, the person made at the time of installation, or
prior to installation in a mockup of the
performing inspections, tests, and
actual installation. The test shall be
maintenance of shafts and hoisting
certified to in writing by the manufac-
equipment required in standard 57.19120 turer or by a registered professional
shall certify, by signature and date, engineer performing the test.
that they have been done. A record of (b) After installation and before use,
any part that is not functioning prop- and at the beginning of any seven day
erly shall be made and dated. Certifi- period during which the conveyance is
cations and records shall be retained to be used, the conveyance shall be
for one year. suitably rested and the hoist rope
(Sec. 101, Pub. L. 91–173 as amended by Pub.
slackened to test for the unrestricted
L. 95–164, 91 Stat. 1291 (30 U.S.C. 811)) functioning of the safety catches and
their activating mechanisms.
[50 FR 4082, Jan. 29, 1985, as amended at 60 (c) The safety catches shall be in-
FR 33722, June 29, 1995] spected by a competent person at the
423
§ 57.19133 30 CFR Ch. I (7–1–20 Edition)
beginning of any 24-hour period that processes are used, drainage shall be
the conveyance is to be used. maintained, and false floors, platforms,
mats, or other dry standing places
§ 57.19133 Shaft. shall be provided where practicable;
Shafts that have not been inspected and
within the past 7 days shall not be used (c) Every floor, working place, and
until an inspection has been conducted passageway shall be kept free from pro-
by a competent person. truding nails, splinters, holes, or loose
§ 57.19134 Sheaves. boards, as practicable.
Sheaves in operating shafts shall be § 57.20005 Carbon tetrachloride.
inspected weekly and kept properly lu-
bricated. Carbon tetrachloride shall not be
used.
§ 57.19135 Rollers in inclined shafts.
§ 57.20008 Toilet facilities.
Rollers used in operating inclined
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-
Subpart S—Miscellaneous ily accessible to mine personnel.
(b) The facilities shall be kept clean
§ 57.20001 Intoxicating beverages and and sanitary. Separate toilet facilities
narcotics. shall be provided for each sex except
Intoxicating beverages and narcotics where toilet rooms will be occupied by
shall not be permitted or used in or no more than one person at a time and
around mines. Persons under the influ- can be locked from the inside.
ence of alcohol or narcotics shall not
be permitted on the job. § 57.20009 Tests for explosive dusts.
§ 57.20002 Potable water. Dusts suspected of being explosive
shall be tested for explosibility. If tests
(a) An adequate supply of potable prove positive, appropriate control
drinking water shall be provided at all
measures shall be taken.
active working areas.
(b) The common drinking cup and § 57.20010 Retaining dams.
containers from which drinking water
must be dipped or poured are prohib- If failure of a water or silt retaining
ited. dam will create a hazard, it shall be of
(c) Where single service cups are sup- substantial construction and inspected
plied, a sanitary container for unused at regular intervals.
cups and a receptacle for used cups
shall be provided. § 57.20011 Barricades and warning
(d) When water is cooled by ice, the signs.
ice shall either be of potable water or Areas where health or safety hazards
shall not come in contact with the exist that are not immediately obvious
water. to employees shall be barricaded, or
(e) Potable water outlets shall be warning signs shall be posted at all ap-
posted. proaches. Warning signs shall be read-
(f) Potable water systems shall be ily visible, legible, and display the na-
constructed to prevent backflow or
ture of the hazard and any protective
backsiphonage of non-potable water.
action required.
§ 57.20003 Housekeeping.
§ 57.20013 Waste receptacles.
At all mining operations—
(a) Workplaces, passageways, store- Receptacles with covers shall be pro-
rooms, and service rooms shall be kept vided at suitable locations and used for
clean and orderly; the disposal of waste food and associ-
(b) The floor of every workplace shall ated materials. They shall be emptied
be maintained in a clean and, so far as frequently and shall be maintained in a

possible, dry condition. Where wet clean and sanitary condition.
424
§ 57.20014 Prohibited areas for food of the categories or subcategories de-

and beverages. fined in this subpart. Mines shall oper-
No person shall be allowed to con- ate in accordance with the applicable
sume or store food or beverages in a standards in this subpart to protect
toilet room or in any area exposed to a persons against the hazards of methane
toxic material. gas and dust containing volatile mat-
ter. The standards in this subpart
§ 57.20020 Unattended mine openings. apply to underground mines as well as
Access to unattended mine openings surface mills at Subcategory I-C mines.
shall be restricted by gates or doors, or These mines are also required to be op-
the openings shall be fenced and post- erated in accordance with the other ap-
ed. plicable health and safety standards
published in 30 CFR part 57.
§ 57.20021 Abandoned mine openings.
Upon abandonment of a mine, the
owner or operator shall effectively The following definitions apply in
close or fence off all surface openings this subpart:
down which persons could fall or Competent person. A person des-
through which persons could enter. ignated by the mine operator who has
Upon or near all such safeguards, tres- sufficient experience and training to
pass warnings and appropriate danger perform the assigned task.
Explosive material. Explosives, blast-
notices shall be posted.
ing agents, and detonators. Explosives
§ 57.20031 Blasting underground in are substances classified as explosives
hazardous areas. by the Department of Transportation
In underground areas where dan- in §§ 173.53, 173.88, and 173.100 of Title 49
gerous accumulations of water, gas, of the Code of Federal Regulations
mud, or fire atmosphere could be en- (1986 Edition). Blasting agents are sub-
countered, persons shall be removed to stances classified as blasting agents by
safe places before blasting. the Department of Transportation in
§ 173.114(a) of Title 49 of the Code of
§ 57.20032 Two-way communication Federal Regulations (1986 Edition).
equipment for underground oper- Detonators are devices containing a
ations. detonating charge used to initiate ex-
Telephones or other two-way commu- plosives. Examples of detonators are
nication equipment with instructions blasting caps, electric or non-electric
for their use shall be provided for com- instantaneous or delay blasting caps
munication from underground oper- and delay connectors. [A copy of Title
ations to the surface. 49 is available at any Metal and
Nonmetal Mine Safety and Health Dis-
Health Administration].
Subpart T—Safety Standards for Substantial construction. Construction
Methane in Metal and of such strength, material, and work-
Nonmetal Mines manship that the object will withstand
air blasts, blasting shock, ground
AUTHORITY: 30 U.S.C. 811. 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 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 (a) All underground mines, and the
Health Act of 1977. All metal and surface mills of Subcategory I-C mines
nonmetal mines will be placed into one (gilsonite), shall be placed into one of
425
§ 57.22003 30 CFR Ch. I (7–1–20 Edition)
the following categories or subcat- (2) Category II applies to domal salt

egories to protect persons against the mines where the history of the mine or
hazards of methane and dusts con- geological area indicates the occur-
taining volatile matter. Categories and rence of or the potential for an out-
subcategories are defined as follows: burst. Category II is divided into Sub-
(1) Category I applies to mines that categories II-A and II-B as follows:
operate within a combustible ore body (i) Subcategory II-A applies to domal
and either liberate methane or have
salt mines where an outburst report-
the potential to liberate methane based
able under § 57.22004(c)(1) has occurred.
on the history of the mine or the geo-
logical area in which the mine is lo- (ii) Subcategory II-B applies to domal
cated. Category I is divided into Sub- salt mines where an outburst report-
categories I-A, I-B, and I-C as follows: able under § 57.22004(c)(1) has not oc-
(i) Subcategory I-A applies to mines curred, but which have the potential
that operate within a combustible ore for an outburst based on the history of
body and liberate methane and in the mine or geological area in which
which— the mine is located.
(A) A concentration of 0.25 percent or (3) Category III applies to mines in
more methane has been detected in the which noncombustible ore is extracted
mine atmosphere and confirmed by lab- and which liberate a concentration of
oratory analysis; or methane that is explosive, or is capable
(B) An ignition of methane has oc- of forming explosive mixtures with air,
curred. or have the potential to do so based on
(ii) Subcategory I-B applies to mines the history of the mine or the geologi-
that operate within a combustible ore cal area in which the mine is located.
body and have the potential to liberate
The concentration of methane in such
methane based on the history of the
mines is explosive or is capable of
mine or geological area in which the
mine is located and in which— forming explosive mixtures if mixed
(A) A concentration of 0.25 percent or with air as illustrated by Table 1
more methane has not been detected in below, entitled ‘‘Relation Between
the mine atmosphere; and Quantitative Composition and
(B) An ignition of methane has not Explosibility of Mixtures of Methane
occurred. and Air’’.
(iii) Subcategory I-C applies to mines
in which the product extracted is com-
bustible and the dust has a volatile
Standard Test Method for Volatile Matter in
matter content of 60 percent or more the Analysis Sample of Coal and Coke. (This
measured on a moisture free basis1. document is available at any Metal and
Nonmetal Mine Safety and Health District
1 Measured by the American Society for Office of the Mine Safety and Health Admin-
Testing and Materials, ASTM D 3175–82, istration).
426
(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
427
EC21OC91.048</GPH>
§ 57.22004 30 CFR Ch. I (7–1–20 Edition)
drill into an oil reservoir and in (a) The Administrator’s proposed no-
which— tice of placement or change in place-
(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 Administrator’s 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 (c) MSHA shall be notified as soon as
systems, devices used to provide lab- possible if any of the following events
oratory analysis of samples, or with occur:
other equally effective sampling de- (1) An outburst that results in 0.25
vices. However, only methane samples percent or more methane in the mine
that have been confirmed by labora- atmosphere;
tory analysis shall be used for category (2) A blowout that results in 0.25 per-
or subcategory placement or change in cent or more methane in the mine at-
placement. mosphere;
(d) Each mine and mill shall be re- (3) An ignition of methane; or
quired to operate in accordance with (4) Air sample results that indicate
the safety standards applicable to its 0.25 percent or more methane in the
particular category or subcategory. mine atmosphere of a Subcategory I-B,
I-C, II-B, V-B or Category VI mine.
§ 57.22004 Category placement or (d) The Administrator shall promptly
change in placement. appoint an MSHA committee to inves-
The Administrator for Metal and tigate occurrences reported in accord-
Nonmetal Mine Safety and Health (Ad- ance with paragraph (c) of this section
ministrator) shall be responsible for or requests filed in accordance with
category and subcategory placement, paragraph (b) of this section. Upon
change in placement, and notification completion of an investigation, the

of placement of mines. committee shall make a written report
428
of the findings. These investigations be in writing and contain the following

may include an evaluation of the fol- information:
lowing: (1) Name, address, and mine identi-
(1) Source, nature, and extent of oc- fication number;
currences; (2) A concise statement of the reason
(2) Conditions under which the inci- why the Administrator’s determination
dent occurred; is inappropriate; and
(3) Samples and tests; (3) A copy of the Administrator’s de-
(4) Physical conditions at the time of termination.
the occurrence; (c) The mine operator shall post a
(5) Charts, logs, and records related copy of the Administrator’s determina-
to the occurrence; tion and the request for a hearing on
(6) Whether the occurrence is iso- the mine bulletin board, and shall
lated, continuous, or could recur; 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 Administrator’s 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 Administrator’s 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 Administrator’s 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 Administrator’s 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-
Administrator’s 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, 201 12th Street (1) The Assistant Secretary shall give
South, Arlington, VA 22202–5452 within notice of discretionary review to the
30 days of the Administrator’s determine operator and representative of
mination. Service of a request for hear- the miners. The mine operator or rep-
ing is completed upon mailing by reg- resentative of the miners shall give no-
istered or certified mail, return receipt tice of an appeal to the other party.
requested. Requests for a hearing shall The notice shall specify the suggested
429
§ 57.22101 30 CFR Ch. I (7–1–20 Edition)
changes and refer to the specific find- standards applicable to the category to
ings of fact, conclusions of law, and which presently assigned until cat-
terms of the initial decision to be re- egory placement is final.
viewed or appealed. The Assistant Sec- [52 FR 24941, July 1, 1987; 52 FR 27903, July 24,
retary shall fix a time for filing any ob- 1987, as amended at 67 FR 38385, June 4, 2002;
jections to the suggested changes and 80 FR 52988, Sept. 2, 2015]
supporting reasons.
(2) The Assistant Secretary shall FIRE PREVENTION AND CONTROL
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-
an appeal. The entire record of the pro- rentheses of each standard’s title line.
ceedings shall be transmitted to the
Assistant Secretary for review. § 57.22101 Smoking (I-A, II-A, III, and
(3) The Assistant Secretary shall V-A mines).
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
shall be included in the final decision. § 57.22102 Smoking (I-C mines).
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,
action for purposes of judicial review. and V-A mines).
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 initial 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.
430
(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 atmosphere 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—
(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-
(2) Equipped with explosion-doors, a ing system; and
weak-wall, or other equivalent devices (b) Inspected daily while operating if

located to relieve the pressure that persons are underground. Certification
431
§ 57.22205 30 CFR Ch. I (7–1–20 Edition)
of inspections shall be made by signa- (i) 1.0 percent at the fan in Sub-
ture and date. Certifications and pres- category I-A, Category III, and Sub-
sure recordings shall be retained for at category V-A mines; and
least one year and made available to an (ii) 0.5 percent at the fan in Sub-
authorized representative of the Sec- category II-A mines.
retary. (2) Equipped with a device that auto-
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 ventilation.
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
432
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
433
§ 57.22219 30 CFR Ch. I (7–1–20 Edition)
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.
434
§ 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
435
§ 57.22231 30 CFR Ch. I (7–1–20 Edition)
combination of the two. Such testing § 57.22234 Actions at 1.0 percent meth-
shall be done at the following loca- ane (I-A, I-B, III, V-A, and V-B
tions: mines).
(1) Active mining faces and benches; (a) If methane reaches 1.0 percent in
(2) Main returns; the mine atmosphere, ventilation
(3) Returns from idle workings; changes shall be made to reduce the
(4) Returns from abandoned work- methane. Until such changes are
ings; and achieved—
(5) Seals. (1) All persons other than competent
(b) Where such examinations disclose persons necessary to make the ventila-
hazardous conditions, affected persons tion changes shall be withdrawn from
shall be informed and corrective action affected areas;
shall be taken. (2) Electrical power shall be deener-
(c) Certification of examinations gized in affected areas, except power to
shall be made by signature and date. monitoring equipment determined by
Certifications shall be kept for at least MSHA to be intrinsically safe under 30
one year and made available to author- CFR part 18; and
ized representatives of the Secretary. (3) Diesel equipment shall be shut off
[52 FR 24941, July 1, 1987, as amended at 52 or immediately removed from the area.
FR 41397, Oct. 27, 1987; 60 FR 33723, June 29, (b) If methane reaches 1.0 percent at
1995] a main exhaust fan, electrical power
underground shall be deenergized, ex-
§ 57.22231 Actions at 0.25 percent cept power to monitoring equipment
methane (I-B, II-B, V-B, and VI determined by MSHA to be intrinsi-
mines).
cally safe under 30 CFR part 18, and all
If methane reaches 0.25 percent in the persons shall be withdrawn from the
mine atmosphere, changes shall be mine.
made to improve ventilation, and (c) If methane reaches 1.0 percent at
MSHA shall be notified immediately. a work place and there has been a fail-
ure of the main ventilation system, all
§ 57.22232 Actions at 0.5 percent meth- persons shall be withdrawn from the
ane (I-B, II-A, II-B, IV, V-B, and VI
mines). mine.
If methane reaches 0.5 percent in the [52 FR 24941, July 1, 1987, as amended at 53
FR 9615, Mar. 24, 1988]
mine atmosphere, ventilation changes
shall be made to reduce the level of § 57.22235 Actions at 1.0 percent meth-
methane. Until methane is reduced to ane (I-C, II-A, II-B, and IV mines).
less than 0.5 percent, electrical power
shall be deenergized in affected areas, (a) If methane reaches 1.0 percent in
except power to monitoring equipment the mine atmosphere, 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.
436
§ 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.
437
§ 57.22302 30 CFR Ch. I (7–1–20 Edition)
§ 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
1–199, 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.
438
§ 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
439
§ 57.22401 30 CFR Ch. I (7–1–20 Edition)
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.
440
§ 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.
441
§ 57.22607 30 CFR Ch. I (7–1–20 Edition)
(e) Blast holes shall be stemmed with Subcategory I-B

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

FR 41397, Oct. 27, 1987] 57.22101 57.22221
57.22103 57.22222
§ 57.22607 Blasting on shift (III mines). 57.22201 57.22227
57.22202 57.22228
When blasting on shift, tests for
57.22204 57.22230
methane shall be made in the mine at- 57.22232
mosphere by a competent person before 57.22205
57.22235
blasting. Blasting shall not be done 57.22206
57.22301
57.22207
when 1.0 percent or more methane is 57.22304
57.22208 57.22307
present.
57.22212 57.22311
57.22214 57.22312
§ 57.22608 Secondary blasting (I-A, II-
A, and V-A mines). 57.22215 57.22501
57.22219 57.22603
Prior to secondary blasting, tests for 57.22220 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— Category III
STANDARD APPLICABILITY BY CAT-
EGORY OR SUBCATEGORY
57.22101 57.22221
57.22103 57.22222
Subcategory I-A 57.22201 57.22223
57.22202 57.22224
57.22101 57.22222 57.22204 57.22227
57.22103 57.22224 57.22205 57.22228
57.22201 57.22227 57.22206 57.22229
57.22202 57.22228 57.22207 57.22234
57.22204 57.22229 57.22208 57.22237
57.22205 57.22234 57.22213 57.22305
57.22206 57.22214 57.22308
57.22237
57.22207 57.22215 57.22501
57.22301
57.22208 57.22218 57.22606
57.22211 57.22302
57.22220 57.22607
57.22214 57.22306
57.22215 57.22401 Category IV
57.22217 57.22501
57.22105 57.22226
57.22220 57.22601
57.22201 57.22227
57.22221 57.22608
442
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 A—General
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 B–D [Reserved]
57.22214 57.22314
57.22215 57.22315 Subpart E—Miscellaneous
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 58—HEALTH 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 A—General FR 30401, June 8, 1995]
Sec. § 58.620 Drill dust control.
58.1 Scope.
Holes shall be collared and drilled
Subparts B–D [Reserved] wet, or other effective dust control
measures shall be used, when drilling
Subpart E—Miscellaneous 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]
443
SUBCHAPTER M—UNIFORM MINE HEALTH REGULATIONS
PART 62—OCCUPATIONAL 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 (μPa), 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-
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- Miner’s designee. Any individual or

ican Speech-Language-Hearing Asso- organization to whom a miner gives
444
written authorization to exercise a erence duration of exposure at that

right of access to records. sound level shown in Table 62–1.
Qualified technician. A technician who (1) The mine operator must use Table
has been certified by the Council for 62–2 when converting from dose read-
Accreditation in Occupational Hearing ings to equivalent TWA8 readings.
Conservation (CAOHC), or by another (2) A miner’s 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 miner’s 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 miner’s baseline audio- (v) Use the A-weighting and slow re-
gram, or the miner’s 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 miner’s 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 miner’s 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 miner’s 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 average–8 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 miner’s noise exposure suffi- tion about that miner’s notice is re-
ciently to determine continuing com- corded, for the duration of the affected
pliance with this part. miner’s exposure at or above the action
(b) The mine operator must deter- level and for at least 6 months there-
mine a miner’s noise dose (D, in per- after.
cent) by using a noise dosimeter or by
computing the formula: D = 100(C1/T1 + § 62.120 Action level.
C2/T2 + . . . . + Cn/Tn), where Cn is the If during any work shift a miner’s
total time the miner is exposed at a noise exposure equals or exceeds the
specified sound level, and Tn is the ref- action level the mine operator must
445
§ 62.130 30 CFR Ch. I (7–1–20 Edition)
enroll the miner in a hearing conserva- sure level despite the use of all feasible
tion program that complies with engineering and administrative con-
§ 62.150 of this part. trols, the mine operator must continue
to use the engineering and administra-
§ 62.130 Permissible exposure level. tive controls to reduce the miner’s
(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 miner’s 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 miner’s § 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 miner’s
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 miner’s 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 miner’s noise exposure con- out mine operator actions under
tinues to exceed the permissible expo- MSHA’s noise standard.
Provision Condition Action required by the mine operator
§ 62.120 .... Miner’s noise exposure is less None.

than the action level.
§ 62.120 .... Miner’s 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 .... Miner’s 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 .... Miner’s 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.
manufacturer’s 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
446
(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 miner’s 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
er’s 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 miner’s 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.
miner’s 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
miner’s 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
offer and provide the testing within 12 miner tested;
months where the operator uses mobile (2) A copy of all of the miner’s
test vans to do the testing. audiograms conducted under this part;
447
§ 62.172 30 CFR Ch. I (7–1–20 Edition)
(3) Evidence that the audiograms audiogram and may use the results of
were conducted in accordance with the retest as the annual audiogram.
paragraph (a) of this section; (c) In determining whether a stand-
(4) Any exposure determination for ard threshold shift or reportable hear-
the miner conducted in accordance ing loss has occurred, allowance may
with § 62.110 of this part; and be made for the contribution of aging
(5) The results of follow-up examina- (presbycusis) to the change in hearing
tion(s), if any. level. The baseline, or the revised base-
(c) The operator must maintain line as appropriate, and the annual
audiometric test records for the dura- audiograms used in making the deter-
tion of the affected miner’s 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 62–3 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 miner’s 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 miner’s 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 miner’s 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
448
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 miner’s 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 miner’s enrollment into a
diagnoses unrelated to the miner’s 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 miner’s 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 operator’s and miner’s
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 miner’s
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:
449
Pt. 62, App. 30 CFR Ch. I (7–1–20 Edition)
(1) The miner, or with the miner’s TABLE 62–1—REFERENCE DURATION—

written consent, the miner’s 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(L¥90)/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 62–2—‘‘DOSE’’TWA 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 62–1—REFERENCE 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 62–3—AGE 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
450
Mine Safety and Health Admin., Labor Pt. 62, App.
TABLE 62–3—AGE CORRECTION VALUE IN DECI- TABLE 62–4—AGE 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]
451
SUBCHAPTER O—COAL MINE SAFETY AND HEALTH
PART 70—MANDATORY HEALTH Subpart A—General

STANDARDS—UNDERGROUND
COAL MINES SOURCE: 79 FR 24972, May 1, 2014, unless
otherwise noted.
Subpart A—General
§ 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 B—Dust 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 C—Sampling Procedures
this part.
70.201 Sampling; general and technical re- Act. The Federal Mine Safety and
quirements. Health Act of 1977, Public Law 91–173,
70.202 Certified person; sampling. as amended by Public Law 95–164 and
70.203 Certified person; maintenance and
calibration.
Public Law 109–236.
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 70–1 TO SUBPART C OF PART 70—EXCES- 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 70–2 TO SUBPART C OF PART 70—EXCES- 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 E—Dust From Drilling Rock
this title.
[Reserved]
Designated area (DA). A specific loca-
Subparts F–S [Reserved] tion in the mine identified by the oper-
ator in the mine ventilation plan under
Subpart T—Diesel 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.
452
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
453
§ 70.100 30 CFR Ch. I (7–1–20 Edition)
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 B—Dust Standards is on a 1.5-mg/m3 dust standard. Suppose a
valid representative dust sample with an
SOURCE: 79 FR 24973, May 1, 2014, unless equivalent concentration of 1.12 mg/m3 con-
otherwise noted. tains 12.3% of quartz dust, which corresponds
to a quartz concentration of 138 μg/m3.
§ 70.100 Respirable dust standards. Therefore, the average concentration of res-
pirable dust in the mine atmosphere associ-
(a) Each operator shall continuously ated with that MMU or DA shall be main-
maintain the average concentration of tained on each shift at or below 0.8 mg/m3
respirable dust in the mine atmosphere (10/12.3% = 0.8 mg/m3).
during each shift to which each miner
in the active workings of each mine is Subpart C—Sampling 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-
per cubic meter of air (mg/m3). nical requirements.
(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 January 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
when quartz is present. to continue to use an approved
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 μg/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 μg/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
454
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 unit’s 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 operator’s 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.
455
§ 70.203 30 CFR Ch. I (7–1–20 Edition)
(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 person’s 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 person’s 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 manufacturer’s 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
456
the manufacturer’s nominal voltage proper location, operating properly,

per cell value. and at the proper flowrate. If the prop-
(d) If using a CPDM, the certified per- er flowrate is not maintained, nec-
son in sampling or in maintenance and essary adjustments shall be made by
calibration shall: the certified person. This examination
(1) Follow the pre-operational exami- is not required if the sampling device is
nations, testing, and set-up procedures, being operated in an anthracite coal
and perform necessary external main- mine using the full box, open breast, or
tenance recommended by the manufac- slant breast mining method.
turer to assure the operational readi- (2) The last hour of operation to as-
ness of each CPDM within 3 hours be- sure that the sampling device is oper-
fore the start of the shift on which the ating properly and at the proper
sampling devices will be used to collect flowrate. If the proper flowrate is not
respirable dust samples; and maintained, the respirable dust sample
(2) Perform other required scheduled shall be transmitted to MSHA with a
examinations and maintenance proce- notation by the certified person on the
dures recommended by the manufac- back of the dust data card stating that
turer. the proper flowrate was not main-
(e) You must proceed in accordance tained. Other events occurring during
with ‘‘Calibration and Maintenance the collection of respirable dust sam-
Procedures for Coal Mine Respirable ples that may affect the validity of the
Dust Samplers,’’ MSHA Informational sample, such as dropping of the sam-
Report IR 1240 (1996), referenced in pling head assembly onto the mine
paragraph (a) of this section. The Di- floor, shall be noted on the back of the
rector of the Federal Register approves dust data card.
this incorporation by reference in ac- (c) If using a CPDM, the person cer-
cordance with 5 U.S.C. 552(a) and 1 CFR tified in sampling shall monitor the
part 51. You may obtain a copy from dust concentrations and the sampling
the MSHA Web site at http:// status conditions being reported by the
www.msha.gov and you may inspect or sampling device at mid-shift or more
obtain a copy at MSHA, Coal Mine frequently as specified in the approved
Safety and Health, 201 12th Street mine ventilation plan to assure: The
South, Arlington, VA 22202–5452; 202– sampling device is in the proper loca-
693–9500; and at each MSHA Coal Mine tion and operating properly; and the
Safety and Health District Office, or at work environment of the occupation or
the National Archives and Records Ad- DA being sampled remains in compli-
ministration (NARA). For information ance with the applicable standard at
on the availability of this material at the end of the shift. This monitoring is
NARA, call 202–741–6030, or go to: http:// not required if the sampling device is
www.archives.gov/federallregister/ being operated in an anthracite coal
codeloflfederallregulations/ mine using the full box, open breast, or
ibrllocations.html. slant breast mining method.
FR 52989, Sept. 2, 2015] § 70.206 Bimonthly sampling; mecha-
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 1–February 28 (29)

(1) The second hour after being put March 1–April 30
into operation to assure it is in the May 1–June 30
457
§ 70.206 30 CFR Ch. I (7–1–20 Edition)
July 1–August 31 centration of dust to which the miner
September 1–October 31 is exposed.
November 1–December 31
(c) When the respirable dust standard
(b) Unless otherwise directed by the is changed in accordance with § 70.101,
District Manager, the DO samples shall the new applicable standard shall be-
be taken by placing the approved sam- come effective 7 calendar days after
pling device as specified in paragraphs the date of the notification of the
(b)(1) through (b)(10) of this section. change by MSHA.
(1) Conventional section using cutting (d) If a normal production shift is not
machine. On the cutting machine oper- achieved, the DO sample for that shift
ator or on the cutting machine within may be voided by MSHA. However, any
36 inches inby the normal working po- sample, regardless of production, that
sition; exceeds the applicable standard by at
(2) Conventional section blasting off the least 0.1 mg/m3 shall be used in the de-
solid. On the loading machine operator termination of the equivalent con-
or on the loading machine within 36 centration for that MMU.
inches inby the normal working posi-
(e) When a valid representative sam-
tion;
ple taken in accordance with this sec-
(3) Continuous mining section other
tion meets or exceeds the excessive
than auger-type. On the continuous
concentration value (ECV) in Table 70–
mining machine operator or on the
1 that corresponds to the applicable
continuous mining machine within 36
standard and particular sampling de-
inches inby the normal working posi-
vice used, the operator shall:
tion;
(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 foreman’s or equiva-
On the coal drill operator or on the lent official’s 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 70–1 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 70–2 that corresponds
458
to the applicable standard and par- control measures used by the operator
ticular sampling device used. to abate the violation.
(g) Unless otherwise directed by the
District Manager, upon issuance of a § 70.207 Bimonthly sampling; des-
ignated areas.
citation for a violation of the applica-
ble standard involving a DO in an Until January 31, 2016:
MMU, paragraph (a) of this section (a) Each operator shall take one valid
shall not apply to that MMU until the representative sample from each des-
violation is abated and the citation is ignated area (DA) on a production shift
terminated in accordance with para- during each bimonthly period. The bi-
graphs (h) and (i) of this section. monthly periods are:
(h) Upon issuance of a citation for February 1–March 31
violation of the applicable standard, April 1–May 31
the operator shall take the following June 1–July 31
actions sequentially: August 1–September 30
(1) Make approved respiratory equip- October 1–November 30
ment available to affected miners in December 1–January 31.
accordance with § 72.700 of this chapter; (b) When the respirable dust standard
is changed in accordance with § 70.101,
(2) Immediately take corrective ac-
the new applicable standard shall be-
tion to lower the concentration of res-
come effective 7 calendar days after
pirable coal mine dust to at or below
the date of the notification of the
the applicable standard; and
change by MSHA.
(3) Make a record of the corrective (c) Upon notification from MSHA
actions taken. The record shall be cer- that any valid sample taken from a DA
tified by the mine foreman or equiva- to meet the requirements of paragraph
lent mine official, no later than the (a) of this section exceeds the applica-
end of the mine foreman’s or equiva- ble standard, the operator shall take
lent official’s next regularly scheduled five valid representative samples from
working shift. The record shall be that DA within 15 calendar days. The
made in a secure book that is not sus- operator shall begin such sampling on
ceptible to alteration or electronically the first day on which there is a pro-
in a computer system so as to be secure duction shift following the day of re-
and not susceptible to alteration. Such ceipt of notification.
records shall be retained at a surface (d) When a valid representative sam-
location at the mine for at least 1 year ple taken in accordance with this sec-
and shall be made available for inspection meets or exceeds the ECV in Table
tion by authorized representatives of 70–1 that corresponds to the applicable
the Secretary and the representative of standard and particular sampling de-
miners. vice used, the operator shall:
(4) Begin sampling, within 8 calendar (1) Make approved respiratory equip-
days after the date the citation is ment available to affected miners in
issued, the environment of the affected accordance with § 72.700 of this chapter;
occupation in the MMU on consecutive (2) Immediately take corrective ac-
normal production shifts until five tion to lower the concentration of res-
valid representative samples are taken. pirable coal mine dust to at or below
(i) A citation for a violation of the the applicable standard; and
applicable standard shall be termi- (3) Make a record of the corrective
nated by MSHA when: actions taken. The record shall be cer-
(1) Each of the five valid representa- tified by the mine foreman or equiva-
tive samples is at or below the applica- lent mine official, no later than the
ble standard; and end of the mine foreman’s or equiva-
(2) The operator has submitted to the lent official’s next regularly scheduled
District Manager revised dust control working shift. The record shall be
parameters as part of the mine ventila- made in a secure book that is not sus-
tion plan applicable to the MMU in the ceptible to alteration or electronically
citation, and the changes have been ap- in a computer system so as to be secure
proved by the District Manager. The and not susceptible to alteration. Such
revised parameters shall reflect the records shall be retained at a surface
459
§ 70.208 30 CFR Ch. I (7–1–20 Edition)
location at the mine for at least 1 year shifts until five valid representative
and shall be made available for inspec- samples are taken.
tion by authorized representatives of (h) A citation for a violation of the
the Secretary and the representative of applicable standard shall be termi-
miners. nated by MSHA when:
(e) Noncompliance with the applica- (1) Each of the five valid representa-
ble standard is demonstrated during tive samples is at or below the applica-
the sampling period when: ble standard; and
(1) Two or more valid representative (2) The operator has submitted to the
samples meet or exceed the ECV in District Manager revised dust control
Table 70–1 that corresponds to the ap- parameters as part of the mine ventila-
plicable standard and the particular tion plan applicable to the DA in the
sampling device used; or citation, and the changes have been ap-
(2) The average for all valid rep- proved by the District Manager. The
resentative samples meets or exceeds revised parameters shall reflect the
the ECV in Table 70–2 that corresponds control measures used by the operator
to the applicable standard and the par- to abate the violation.
ticular sampling device used.
(f) Unless otherwise directed by the § 70.208 Quarterly sampling; mecha-
nized mining units.
District Manager, upon issuance of a
citation for a violation of the applica- On February 1, 2016:
ble standard, paragraph (a) of this sec- (a) The operator shall sample each
tion shall not apply to that DA until calendar quarter:
the violation is abated and the citation (1) The designated occupation (DO) in
is terminated in accordance with para- each MMU on consecutive normal pro-
graphs (g) and (h) of this section. duction shifts until 15 valid representa-
(g) Upon issuance of a citation for tive samples are taken. The District
violation of the applicable standard, Manager may require additional groups
the operator shall take the following of 15 valid representative samples when
actions sequentially: 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
(2) Immediately take corrective ac- (ODO) specified in paragraphs (b)(1)
tion to lower the concentration of res- through (b)(10) of this section in each
pirable coal mine dust to at or below 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 foreman’s or equiva- after fulfilling the sampling require-
lent official’s 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 1–March 31
location at the mine for at least 1 year April 1–June 30
and shall be made available for inspec- July 1–September 30
tion by authorized representatives of October 1–December 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
460
by the District Manager for each type duction, that exceeds the applicable
of MMU. standard by at least 0.1 mg/m3 shall be
(1) Conventional section using cutting used in the determination of the equiv-
machine. DO—The cutting machine op- alent concentration for that occupa-
erator; tion.
(2) Conventional section blasting off the (e) When a valid representative sam-
solid. DO—The loading machine oper- ple taken in accordance with this sec-
ator; tion meets or exceeds the ECV in Table
(3) Continuous mining section other 70–1 that corresponds to the applicable
than auger-type. DO—The 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; ODO—The 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 foreman’s or equiva-
an MMU. lent official’s next regularly scheduled
(4) Continuous mining section using working shift. The record shall be
auger-type machine. DO—The 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
DO—The 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-
DO—The coal drill operator; tion by authorized representatives of
(7) Longwall section. DO—The 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; ODO—The 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 70–1 that corresponds to the ap-
machine. DO—The 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. DO—The hand loader exposed to resentative samples meets or exceeds
the greatest dust concentration; and the ECV in Table 70–2 that corresponds
(10) Anthracite mine sections. DO—The 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
461
§ 70.209 30 CFR Ch. I (7–1–20 Edition)
citation for a violation of the applica- § 70.209 Quarterly sampling; des-

ble standard involving a type of ODO in ignated areas.
an MMU, paragraph (a)(2) shall not On February 1, 2016:
apply to that ODO type in that MMU (a) The operator shall sample quar-
until the violation is abated and the ci- terly each designated area (DA) on con-
tation is terminated in accordance secutive production shifts until five
with paragraphs (h) and (i) of this sec- valid representative samples are taken.
tion. The quarterly periods are:
(h) Upon issuance of a citation for January 1–March 31
violation of the applicable standard, April 1–June 30
the operator shall take the following July 1–September 30
actions sequentially: October 1–December 31.
(1) Make approved respiratory equip- (b) When the respirable dust standard
ment available to affected miners in is changed in accordance with § 70.101,
accordance with § 72.700 of this chapter; the new applicable standard shall be-
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.
pirable coal mine dust to at or below (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- 70–1 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 foreman’s or equiva- (1) Make approved respiratory equip-
lent official’s next regularly scheduled ment available to affected miners in
working shift. The record shall be accordance with § 72.700 of this chapter;
made in a secure book that is not sus- (2) Immediately take corrective ac-
ceptible to alteration or electronically tion to lower the concentration of res-
in a computer system so as to be secure pirable dust to at or below the applica-
and not susceptible to alteration. Such ble respirable dust standard; and
records shall be retained at a surface (3) Make a record of the corrective
location at the mine for at least 1 year actions taken. The record shall be cer-
and shall be made available for inspec- tified by the mine foreman or equiva-
tion by authorized representatives of lent mine official, no later than the
the Secretary and the representative of end of the mine foreman’s or equiva-
miners. lent official’s next regularly scheduled
(4) Begin sampling, within 8 calendar working shift. The record shall be
days after the date the citation is made in a secure book that is not sus-
issued, the environment of the affected ceptible to alteration or electronically
occupation in the MMU on consecutive in a computer system so as to be secure
normal production shifts until five and not susceptible to alteration. Such
valid representative samples are taken. records shall be retained at a surface
location at the mine for at least 1 year
(i) A citation for violation of the ap-
and shall be made available for inspec-
plicable standard shall be terminated
tion by authorized representatives of
by MSHA when:
the Secretary and the representative of
(1) Each of the five valid representa- miners.
tive samples is at or below the applica- (d) Noncompliance with the applica-
ble standard; and ble standard is demonstrated during
(2) The operator has submitted to the the sampling period when:
District Manager revised dust control (1) Two or more valid representative
parameters as part of the mine ventila- samples meet or exceed the ECV in
tion plan applicable to the MMU in the Table 70–1 that corresponds to the ap-
citation and the changes have been applicable standard and the particular
proved by the District Manager. The sampling device used; or
revised parameters shall reflect the (2) The average for all valid rep-
control measures used by the operator resentative samples meets or exceeds

to abate the violation. the ECV in Table 70–2 that corresponds
462
to the applicable standard and par- § 70.210 Respirable dust samples;

ticular sampling device used. transmission by operator.
(e) Unless otherwise directed by the (a) If using a CMDPSU, the operator
District Manager, upon issuance of a shall transmit within 24 hours after the
citation for a violation of the applica- end of the sampling shift all samples
ble standard, paragraph (a) of this sec- collected to fulfill the requirements of
tion shall not apply to that DA until this part, including control filters, in
the violation is abated and the citation containers provided by the manufac-
is terminated in accordance with para- turer of the filter cassette to: Res-
graphs (f) and (g) of this section. pirable Dust Processing Laboratory,
(f) Upon issuance of a citation for a Pittsburgh Safety and Health Tech-
violation of the applicable standard, nology Center, 626 Cochrans Mill Road,
the operator shall take the following Building 38, Pittsburgh, PA 15236–3611,
actions sequentially: or to any other address designated by
(1) Make approved respiratory equip- the District Manager.
ment available to affected miners in (b) The operator shall not open or
accordance with § 72.700 of this chapter; tamper with the seal of any filter cas-
(2) Immediately take corrective ac- sette or alter the weight of any filter
tion to lower the concentration of res- cassette before or after it is used to ful-
pirable coal mine dust to at or below fill the requirements of this part.
the applicable standard; and (c) A person certified in sampling
(3) Make a record of the corrective shall properly complete the dust data
actions taken. The record shall be cer- card that is provided by the manufac-
tified by the mine foreman or equiva- turer for each filter cassette. The card
lent mine official, no later than the shall have an identification number
end of the mine foreman’s or equiva- identical to that on the cassette used
lent official’s next regularly scheduled to take the sample and be submitted to
working shift. The record shall be MSHA with the sample. Each card
made in a secure book that is not sus- shall be signed by the certified person
ceptible to alteration or electronically who actually performed the required
in a computer system so as to be secure examinations under 70.205(b) of this
and not susceptible to alteration. Such part during the sampling shift and
records shall be retained at a surface shall include that person’s MSHA Indi-
location at the mine for at least 1 year vidual Identification Number (MIIN).
and shall be made available for inspec- Respirable dust samples with data
tion by authorized representatives of cards not properly completed may be
the Secretary and the representative of voided by MSHA.
miners. (d) All respirable dust samples col-
(4) Begin sampling, within 8 calendar lected by the operator shall be consid-
days after the date the citation is ered taken to fulfill the sampling re-
issued, the environment of the affected quirements of part 70, 71, or 90 of this
DA on consecutive normal production title, unless the sample has been iden-
shifts until five valid representative tified in writing by the operator to the
samples are taken. District Manager, prior to the intended
(g) A citation for a violation of the sampling shift, as a sample to be used
applicable standard shall be termi- for purposes other than required by
nated by MSHA when: part 70, 71, or 90 of this title.
(1) Each of the five valid representa- (e) Respirable dust samples received
tive samples is at or below the applica- by MSHA in excess of those required by
ble standard; and this part shall be considered invalid
(2) The operator has submitted to the samples.
District Manager revised dust control (f) If using a CPDM, the person cer-
parameters as part of the mine ventila- tified in sampling shall (1) validate,
tion plan applicable to the DA in the certify, and transmit electronically to
citation, and the changes have been ap- MSHA within 24 hours after the end of
proved by the District Manager. The each sampling shift all sample data file
revised parameters shall reflect the information collected and stored in the
control measures used by the operator CPDM, including the sampling status
to abate the violation. conditions encountered when sampling;
463
§ 70.211 30 CFR Ch. I (7–1–20 Edition)
and (2) not tamper with the CPDM or port covering these respirable dust
its components in any way before, dur- samples.
ing, or after it is used to fulfill the re-
quirements of this part, or alter any § 70.212 Status change reports.
sample data files. All CPDM data files (a) If there is a change in operational
transmitted electronically to MSHA status that affects the respirable dust
shall be maintained by the operator for sampling requirements of this part, the
at least 12 months. operator shall report the change in
operational status of the mine, mecha-
FR 52989, Sept. 2, 2015] nized mining unit, or designated area
to the MSHA District Office or to any
§ 70.211 Respirable dust samples; re- other MSHA office designated by the
port to operator; posting. District Manager. Status changes shall
(a) MSHA shall provide the operator, be reported in writing or electronically
as soon as practicable, a report with within 3 working days after the status
the following data on respirable dust change has occurred.
samples submitted or whose results (b) Each specific operational status is
were transmitted electronically, if defined as follows:
using a CPDM, in accordance with this (1) Underground mine:
(i) Producing—has at least one MMU
part:
unit producing material.
(1) The mine identification number;
(ii) Nonproducing—no material is
(2) The locations within the mine being produced.
from which the samples were taken; (iii) Abandoned—the work of all min-
(3) The concentration of respirable ers has been terminated and production
dust, expressed as an equivalent con- activity has ceased.
centration for each valid sample; (2) MMU:
(4) The average equivalent concentra- (i) Producing—producing material
tion of respirable dust for all valid from a working section.
samples; (ii) Nonproducing—temporarily
(5) The occupation code, where appli- ceased production of material.
cable; and (iii) Abandoned—permanently ceased
(6) The reason for voiding any sam- production of material.
ple. (3) DA:
(b) Upon receipt, the operator shall (i) Producing—activity is occurring.
post this data for at least 31 days on (ii) Nonproducing—activity has
the mine bulletin board. ceased.
(c) If using a CPDM, the person cer- (iii) Abandoned—the dust generating
tified in sampling shall, within 12 source has been withdrawn and activ-
hours after the end of each sampling ity has ceased.
shift, print, sign, and post on the mine
bulletin board a paper record (Dust TABLE 70–1 TO SUBPART C OF PART 70—
Data Card) of the sample run. This EXCESSIVE CONCENTRATION VALUES
hard-copy record shall include the data (ECV) BASED ON SINGLE, FULL-
entered when the sample run was first SHIFT CMDPSU/CPDM CONCENTRA-
programmed, and the following: TION MEASUREMENTS
(1) The mine identification number; ECV (mg/m3)
Applicable standard
(2) The locations within the mine (mg/m3) CMDPSU CPDM
from which the samples were taken;
(3) The concentration of respirable 2.0 .............................................. 2.33 2.26
dust, expressed as an equivalent con- 1.9 .............................................. 2.22 2.15
1.8 .............................................. 2.12 2.04
centration reported and stored for each 1.7 .............................................. 2.01 1.92
sample; 1.6 .............................................. 1.90 1.81
(4) The sampling status conditions 1.5 .............................................. 1.79 1.70
1.4 .............................................. 1.69 1.58
encountered for each sample; and 1.3 .............................................. 1.59 1.47
(5) The shift length. 1.2 .............................................. 1.47 1.36
(d) The information required by para- 1.1 .............................................. 1.37 1.25
1.0 .............................................. 1.26 1.13

graph (c) of this section shall remain 0.9 .............................................. 1.16 1.02
posted until receipt of the MSHA re- 0.8 .............................................. 1.05 0.91
464
ECV (mg/m3) ECV (mg/m3)

Applicable standard Applicable standard
(mg/m3) (mg/m3)
CMDPSU CPDM CMDPSU CPDM
0.7 .............................................. 0.95 0.79 0.4 .............................................. 0.65 0.46

0.6 .............................................. 0.85 0.68 0.3 .............................................. 0.54 0.34
0.5 .............................................. 0.74 0.57 0.2 .............................................. 0.44 0.23
TABLE 70–2 TO SUBPART C OF PART 70—EXCESSIVE 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] (2) In the area of the section loading

point if diesel haulage equipment is op-
erated on the working section;
Subpart E—Dust From Drilling Rock
(3) At a point inby the last piece of
[Reserved] diesel equipment on the longwall or
shortwall face when mining equipment
Subparts F–S [Reserved] is being installed or removed; and
(4) In any other area designated by
Subpart T—Diesel Exhaust Gas the district manager as specified in the
Monitoring mine operator’s approved ventilation
plan where diesel equipment is oper-
§ 70.1900 Exhaust Gas Monitoring. ated in a manner which can result in
(a) During on-shift examinations re- significant concentrations of diesel ex-
haust.
quired by § 75.362, a certified person as
defined by § 75.100 of this chapter and (b) Samples of CO and NO2 shall be—
designated by the operator as trained (1) Collected in a manner that makes
or experienced in the appropriate sam- the results available immediately to
the person collecting the samples;
pling procedures, shall determine the
concentration of carbon monoxide (CO) (2) Collected and analyzed by appro-
and nitrogen dioxide (NO2): priate instrumentation which has been
maintained and calibrated in accord-
(1) In the return of each working sec-
ance with the manufacturer’s rec-
tion where diesel equipment is used, at
ommendations; and
a location which represents the con-
(3) Collected during periods that are
tribution of all diesel equipment on

representative of conditions during
such section; normal operations.
465
(c) Except as provided in § 75.325(j) of PART 71—MANDATORY HEALTH

this chapter, when sampling results in- STANDARDS—SURFACE COAL
dicate a concentration of CO and/or MINES AND SURFACE WORK
NO2 exceeding an action level of 50 per-
cent of the threshold limit values
AREAS OF UNDERGROUND COAL
(TLV®) adopted by the American Con- MINES
ference of Governmental Industrial Hy-
gienists, the mine operator shall imme- Subpart A—General
diately take appropriate corrective ac- Sec,
tion to reduce the concentrations of CO 71.1 Scope.
and/or NO2 to below the applicable ac- 71.2 Definitions.
tion level. The publication, ‘‘Threshold
Limit Values for Substance in Work- Subpart B—Dust Standards
room Air’’ (1972) is incorporated by ref- 71.100 Respirable dust standard.
erence and may be inspected at 71.101 Respirable dust standard when quartz
MSHA’s Office of Standards, Regula- is present.
tions, and Variances, 201 12th Street
South, Arlington, VA 22202–5452; 202– Subpart C—Sampling Procedures
693–9440; at any MSHA Coal Mine Safe- 71.201 Sampling; general and technical re-
ty and Health District Office; or at the quirements.
National Archives and Records Admin- 71.202 Certified person; sampling.
istration (NARA). For information on 71.203 Certified person; maintenance and
the availability of this material at calibration.
71.204 Approved sampling devices; mainte-
NARA, call 202–741–6030, or go to: http:// nance and calibration.
www.archives.gov/federallregister/ 71.205 Approved sampling devices; oper-
codeloflfederallregulations/ ation; air flowrate.
ibrllocations.html. This incorporation 71.206 Quarterly sampling; designated work
by reference was approved by the Di- positions.
rector of the Federal Register in ac- 71.207 Respirable dust samples; trans-
cordance with 5 U.S.C. 552(a) and 1 CFR mission by operator.
part 51. In addition, copies of the docu- 71.208 Respirable dust samples; report to op-
erator; posting.
ment may be purchased from the 71.209 Status change reports.
American Conference of Governmental
Industrial Hygienists, 1330 Kemper Subpart D—Respirable Dust Control Plans
Meadow Drive, Attn: Customer Service,
Cincinnati, OH 45240; 513–742–2020; http:// 71.300 Respirable dust control plan; filing
www.acgih.org. requirements.
71.301 Respirable dust control plan; ap-
(d) A record shall be made when sam- proval by District Manager and posting.
pling results exceed the action level for
the applicable TLV ® for CO and/or NO2. Subpart E—Surface Bathing Facilities,
The record shall be made as part of and Change Rooms, and Sanitary Flush Toi-
in the same manner as the records for let Facilities at Surface Coal Mines
hazards required by § 75.363 of this
chapter and include the following: 71.400 Bathing facilities; change rooms; san-
itary flush toilet facilities.
(1) Location where each sample was 71.401 Location of facilities.
collected; 71.402 Minimum requirements for bathing
(2) Substance sampled and the meas- facilities, change rooms, and sanitary
ured concentration; and flush toilet facilities.
(3) Corrective action taken to reduce 71.403 Waiver of surface facilities require-
the concentration of CO and/or NO2 to ments; posting of waiver.
71.404 Application for waiver of surface fa-
or below the applicable action level. cilities requirements.
(e) As of November 25, 1997 exhaust
gas monitoring shall be conducted in Subpart F—Sanitary Toilet Facilities at
accordance with the requirements of Surface Worksites of Surface Coal Mines
this section.
71.500 Sanitary toilet facilities at surface
[61 FR 55526, Oct. 25, 1996, as amended at 67 work sites; installation requirements.
FR 38385, June 4, 2002; 71 FR 16667, Apr. 3, 71.501 Sanitary toilet facilities; mainte-
2006; 80 FR 52989, Sept. 2, 2015] nance.
466
Subpart G—Drinking 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 H—Airborne 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
SOURCE: 37 FR 6368, Mar. 28, 1972, unless
the specific physical portion of the
otherwise noted.
mine that is affected, followed by a
three-digit MSHA coal mining occupa-
Subpart A—General 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 91–173, sampling airflow rate in cubic meters
as amended by Public Law 95–164 and per minute), and then converting that
Public Law 109–236. 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.
467
§ 71.100 30 CFR Ch. I (7–1–20 Edition)
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 B—Dust 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 μg/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 μg/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
468
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 μg/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 C—Sampling 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 unit’s sampling pump dust concentrations and properly wear-
prior to the 13th-hour of operation. ing the CPDM;
469
§ 71.202 30 CFR Ch. I (7–1–20 Edition)
(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 person’s 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 manufacturer’s 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 person’s 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
470
the cassette assembly and vortex find- obtain a copy at MSHA, Coal Mine
er), vortex finder, cyclone body, and Safety and Health, 201 12th Street
grit pot; South, Arlington, VA 22202–5452; 202–
(2) Examination of the inner surface 693–9500; and at each MSHA Coal Mine
of the cyclone body to assure that it is Safety and Health District Office, or at
free of scoring or scratch marks on the the National Archives and Records Ad-
inner surface of the cyclone where the ministration (NARA). For information
air flow is directed by the vortex finder on the availability of this material at
into the cyclone body; NARA, call 202–741–6030, 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 [79 FR 24982, May 1, 2014, as amended at 80
(4) Examination of the clamping and FR 52989, Sept. 2, 2015]
positioning of the cyclone body, vortex
finder, and cassette to assure that they § 71.205 Approved sampling devices;
are rigid, in alignment, firmly in con- operation; air flowrate.
tact, and airtight. (a) Approved sampling devices shall
(5) Testing the voltage of each bat- be operated at the flowrate of 2.0 L/
tery while under actual load to assure min, if using a CMDPSU; at 2.2 L/min,
the battery is fully charged. This re- if using a CPDM; or at a different
quires that a fully assembled and ex- flowrate recommended by the manufac-
amined sampling head assembly be at- turer.
tached to the pump inlet with the (b) If using a CMDPSU, each sam-
pump unit running when the voltage pling device shall be examined each
check is made. The voltage for the bat- shift by a person certified in sampling
teries used in the CMDPSU shall not be during:
lower than the product of the number (1) The second hour after being put
of cells in the battery multiplied by into operation to assure it is in the
the manufacturer’s nominal voltage proper location, operating properly,
per cell value. and at the proper flowrate. If the prop-
(d) If using a CPDM, the certified per- er flowrate is not maintained, nec-
son in sampling or in maintenance and essary adjustments shall be made by
calibration shall: the certified person.
(1) Follow the pre-operational exami- (2) The last hour of operation to as-
nations, testing, and set-up procedures, sure that it is operating properly and
and perform necessary external main- at the proper flowrate. If the proper
tenance recommended by the manufac- flowrate is not maintained, the res-
turer to assure the operational readi- pirable dust sample shall be trans-
ness of the CPDM within 3 hours before mitted to MSHA with a notation by
the start of the shift on which the sam- the certified person on the back of the
pling devices will be used to collect dust data card stating that the proper
respirable dust samples; and flowrate was not maintained. Other
(2) Perform other required scheduled events occurring during the collection
examinations and maintenance proce- of respirable dust samples that may af-
dures recommended by the manufac- fect the validity of the sample, such as
turer. dropping of the sampling head assem-
(e) You must proceed in accordance bly onto the mine floor, shall be noted
with ‘‘Calibration and Maintenance on the back of the dust data card.
Procedures for Coal Mine Respirable (c) If using a CPDM, the person cer-
Dust Samplers,’’ MSHA Informational tified in sampling shall monitor the
Report IR 1240 (1996), referenced in dust concentrations and the sampling
paragraph (a) of this section. The Di- status conditions being reported by the
rector of the Federal Register approves sampling device at mid-shift or more
this incorporation by reference in ac- frequently as specified in the approved
cordance with 5 U.S.C. 552(a) and 1 CFR respirable dust control plan, if applica-
part 51. You may obtain a copy from ble, to assure: The sampling device is
the MSHA Web site at http:// in the proper location and operating
www.msha.gov and you may inspect or properly; and the work environment of
471
§ 71.206 30 CFR Ch. I (7–1–20 Edition)
the occupation being sampled remains the person certified in sampling on the
in compliance with the applicable back of the dust data card stating that
standard at the end of the shift. the sample was not taken on a normal
work shift. When a normal work shift
§ 71.206 Quarterly sampling; des- is not achieved, the sample for that
ignated work positions. shift may be voided by MSHA. How-
(a) Each operator shall take one valid ever, any sample, regardless of whether
representative sample from the DWP a normal work shift was achieved, that
during each quarterly period. The quar- exceeds the applicable standard by at
terly periods are: least 0.1 mg/m3 shall be used in the de-
January 1–March 31 termination of the equivalent con-
April 1–June 30 centration for that occupation.
July 1–September 30 (f) Unless otherwise directed by the
October 1–December 31. District Manager, DWP samples shall
(b) When the respirable dust standard be taken by placing the sampling de-
is changed in accordance with § 71.101, vice as follows:
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 operator’s 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-
clude: (g) Upon notification from MSHA
(1) Each highwall drill operator that any valid representative sample
(MSHA occupation code 384); taken from a DWP to meet the require-
(2) Bulldozer operators (MSHA occu- ments of paragraph (a) of this section
pation code 368); and exceeds the applicable standard, the
(3) Other work positions designated operator shall, within 15 calendar days
by the District Manager for sampling of notification, sample that DWP each
in accordance with § 71.206(m). normal work shift until five valid rep-
(d) Operators with multiple work po- resentative samples are taken. The op-
sitions specified in paragraph (c)(2) and erator shall begin sampling on the first
(c)(3) of this section shall sample the normal work shift following receipt of
DWP exposed to the greatest respirable notification.
dust concentration in each work posi- (h) When a valid representative sam-
tion performing the same activity or ple taken in accordance with this sec-
task at the same location at the mine tion meets or exceeds the excessive
and exposed to the same dust genera- concentration value (ECV) in Table 71–
tion source. Each operator shall pro- 1 that corresponds to the applicable
vide the District Manager with a list standard and particular sampling de-
identifying the specific work positions vice used, the operator shall:
where DWP samples will be collected (1) Make approved respiratory equip-
for: ment available to affected miners in
(1) Active mines—by October 1, 2014. accordance with § 72.700 of this chapter;
(2) New mines—Within 30 calendar (2) Immediately take corrective ac-
days of mine opening. tion to lower the concentration of res-
(3) DWPs with a change in oper- pirable coal mine dust to at or below
ational status that increases or reduces the applicable standard; and
the number of active DWPs—within 7 (3) Make a record of the corrective
calendar days of the change in status. actions taken. The record shall be cer-
(e) Each DWP sample shall be taken tified by the mine foreman or equiva-
on a normal work shift. If a normal lent mine official, no later than the
work shift is not achieved, the res- end of the mine foreman’s or equiva-
pirable dust sample shall be trans- lent official’s next regularly scheduled
mitted to MSHA with a notation by working shift. The record shall be
472
made in a secure book that is not sus- (4) Begin sampling, within 8 calendar
ceptible to alteration or electronically days after the date the citation is
in a computer system so as to be secure issued, the environment of the affected
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 71–1—EXCESSIVE CONCENTRATION VAL-
samples meet or exceed the ECV in UES (ECV) BASED ON SINGLE, FULL-SHIFT
Table 71–1 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)
(mg/m3)
resentative samples meets or exceeds CMDPSU CPDM
the ECV in Table 71–2 that corresponds
to the applicable standard and the par- 2.0 ...................................... 2.33 2.26
1.9 ...................................... 2.22 2.15
ticular sampling device used. 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
1.5 ...................................... 1.79 1.70
citation for a violation of the applica- 1.4 ...................................... 1.69 1.58
ble standard, paragraph (a) of this sec- 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
1.0 ...................................... 1.26 1.13
is terminated in accordance with para- 0.9 ...................................... 1.16 1.02
graphs (k) and (l) of this section. 0.8 ...................................... 1.05 0.91
(k) Upon issuance of a citation for 0.7 ...................................... 0.95 0.79
0.6 ...................................... 0.85 0.68
violation of the applicable standard, 0.5 ...................................... 0.74 0.57
the operator shall take the following 0.4 ...................................... 0.65 0.46
actions sequentially: 0.3 ...................................... 0.54 0.34
0.2 ...................................... 0.44 0.23
(1) Make approved respiratory equip-
ment available to affected miners in
accordance with § 72.700 of this chapter; TABLE 71–2—EXCESSIVE CONCENTRATION VAL-
(2) Immediately take corrective ac- UES (ECV) BASED ON THE AVERAGE OF 5
tion to lower the concentration of res- FULL-SHIFT CMDPSU/CPDM CONCENTRA-
pirable coal mine dust to at or below TION MEASUREMENTS
the applicable standard; and ECV
(3) Make a record of the corrective Applicable standard (mg/m3)
actions taken. The record shall be cer- (mg/m3)
CMDPSU CPDM
tified by the mine foreman or equiva-
lent mine official, no later than the 2.0 ...................................... 2.15 2.12
1.9 ...................................... 2.05 2.01
end of the mine foreman’s or equiva- 1.8 ...................................... 1.94 1.91
lent official’s next regularly scheduled 1.7 ...................................... 1.84 1.80
working shift. The record shall be 1.6 ...................................... 1.74 1.70
made in a secure book that is not sus- 1.5 ...................................... 1.63 1.59
1.4 ...................................... 1.53 1.49
ceptible to alteration or electronically 1.3 ...................................... 1.43 1.38
in a computer system so as to be secure 1.2 ...................................... 1.33 1.27
and not susceptible to alteration. Such 1.1 ...................................... 1.22 1.17
1.0 ...................................... 1.12 1.06
records shall be retained at a surface 0.9 ...................................... 1.02 0.96
location at the mine for at least 1 year 0.8 ...................................... 0.92 0.85
and shall be made available for inspec- 0.7 ...................................... 0.81 0.75
0.6 ...................................... 0.71 0.64
tion by authorized representatives of
0.5 ...................................... 0.61 0.53

the Secretary and the representative of 0.4 ...................................... 0.51 0.43
miners. 0.3 ...................................... 0.41 0.32
473
§ 71.207 30 CFR Ch. I (7–1–20 Edition)
TABLE 71–2—EXCESSIVE CONCENTRATION VAL- identical to that on the cassette used

UES (ECV) BASED ON THE AVERAGE OF 5 to take the sample and be submitted to
FULL-SHIFT CMDPSU/CPDM CONCENTRA- MSHA with the sample. Each card
TION MEASUREMENTS—Continued shall be signed by the certified person
who actually performed the required
ECV
Applicable standard (mg/m3) examinations under 71.205(b) of this
(mg/m3) part during the sampling shift and
CMDPSU CPDM
shall include that person’s MSHA Indi-
0.2 ...................................... 0.31 0.22 vidual Identification Number (MIIN).
Respirable dust samples with data
(m) The District Manager may des- cards not properly completed may be
ignate for sampling under this section voided by MSHA.
additional work positions at a surface (d) All respirable dust samples col-
coal mine and at a surface work area of lected by the operator shall be consid-
an underground coal mine where a con- ered taken to fulfill the sampling re-
centration of respirable dust exceeding quirements of part 70, 71, or 90 of this
50 percent of the standard in effect at
title, unless the sample has been iden-
the time the sample is taken, or a con-
tified in writing by the operator to the
centration of respirable dust exceeding
District Manager, prior to the intended
50 percent of the standard established
sampling shift, as a sample to be used
in accordance with § 71.101, has been
for purposes other than required by
measured by one or more MSHA valid
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; conditions encountered when sampling
transmission by operator. 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- [79 FR 24982, May 1, 2014, as amended at 80
FR 52989, Sept. 2, 2015]
nology Center, 626 Cochrans Mill Road,
Building 38, Pittsburgh, PA 15236–3611,
§ 71.208 Respirable dust samples; re-
or to any other address designated by port to operator; posting.
the District Manager.
(b) The operator shall not open or (a) MSHA shall provide the operator,
tamper with the seal of any filter cas- as soon as practicable, a report with
sette or alter the weight of any filter the following data on respirable dust
cassette before or after it is used to ful- samples submitted or whose results
fill the requirements of this part. were transmitted electronically, if
(c) A person certified in sampling using a CPDM, in accordance with this
shall properly complete the dust data part:
card that is provided by the manufac- (1) The mine identification number;
turer for each filter cassette. The card (2) The DWP at the mine from which
shall have an identification number the samples were taken;
474
(3) The concentration of respirable (iii) Abandoned—the work of all min-

dust, expressed as an equivalent con- ers has been terminated and production
centration for each valid sample; activity has ceased.
(4) The average equivalent concentra- (2) Surface mine:
tion of respirable dust for all valid (i) Producing—normal activity is oc-
samples; curring and coal is being produced or
(5) The occupation code; and processed or other material or equip-
(6) The reason for voiding any sam- ment is being handled or moved.
ple. (ii) Nonproducing—normal activity is
(b) Upon receipt, the operator shall not occurring and coal is not being pro-
post this data for at least 31 days on duced or processed, and other material
the mine bulletin board. or equipment is not being handled or
(c) If using a CPDM, the person cer- moved.
tified in sampling shall, within 12 (iii) Abandoned—the work of all min-
hours after the end of each sampling ers has been terminated and all activ-
shift, print, sign, and post on the mine ity has ceased.
bulletin board a paper record (Dust (3) DWP:
Data Card) of each sample run. This (i) Producing—normal activity is oc-
hard-copy record shall include the data curring.
entered when the sample run was first (ii) Nonproducing—normal activity is
programmed, and the following: not occurring.
(1) The mine identification number; (iii) Abandoned—the dust generating
(2) The DWP at the mine from which source has been withdrawn and activ-
the samples were taken; ity has ceased.
(3) The concentration of respirable
dust, expressed as an equivalent con- Subpart D—Respirable Dust
centration reported and stored for each Control Plans
sample;
(4) The sampling status conditions
SOURCE: 79 FR 24985, May 1, 2014, unless
encountered for each sample; and
otherwise noted.
(5) The shift length.
(d) The information required by para- § 71.300 Respirable dust control plan;
graph (c) of this section shall remain filing requirements.
posted until receipt of the MSHA re-
(a) Within 15 calendar days after the
port covering these respirable dust
termination date of a citation for vio-
samples.
lation of the applicable standard, the
§ 71.209 Status change reports. operator shall submit to the District
Manager for approval a written res-
(a) If there is a change in operational pirable dust control plan applicable to
status that affects the respirable dust the DWP identified in the citation. The
sampling requirements of this part, the respirable dust control plan and revi-
operator shall report the change in sions thereof shall be suitable to the
operational status of the mine or DWP conditions and the mining system of
to the MSHA District Office or to any the coal mine and shall be adequate to
other MSHA office designated by the continuously maintain respirable dust
District Manager. Status changes shall to at or below the applicable standard
be reported in writing or electronically at the DWP identified in the citation.
within 3 working days after the status (1) The mine operator shall notify the
change has occurred. representative of miners at least 5 days
(b) Each specific operational status is prior to submission of a respirable dust
defined as follows: control plan and any revision to a dust
(1) Underground mine: control plan. If requested, the mine op-
(i) Producing—has at least one erator shall provide a copy to the rep-
mechanized mining unit producing ma- resentative of miners at the time of no-
terial. tification;
(ii) Nonproducing—no material is (2) A copy of the proposed respirable

being produced. dust control plan, and a copy of any
475
§ 71.301 30 CFR Ch. I (7–1–20 Edition)
proposed revision, submitted for ap- (2) The operator’s compliance with
proval shall be made available for in- all provisions of the respirable dust
spection by the representative of min- control plan could be objectively
ers; and ascertained by MSHA.
(3) A copy of the proposed respirable (b) MSHA may take respirable dust
dust control plan, and a copy of any samples to determine whether the res-
proposed revision, submitted for ap- pirable dust control measures in the
proval shall be posted on the mine bul- operator’s plan effectively maintain
letin board at the time of submittal. concentrations of respirable coal mine
The proposed plan or proposed revision dust at or below the applicable stand-
shall remain posted until it is ap- ard.
proved, withdrawn, or denied. (c) The operator shall comply with
(4) Following receipt of the proposed all provisions of each respirable dust
control plan upon notice from MSHA
plan or proposed revision, the rep-
that the respirable dust control plan is
resentative of miners may submit
approved.
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 operator’s 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 E—Surface 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,
476
they shall be centrally located so as to (iv) A suitable nonirritating cleans-

be convenient for the use of all miners ing agent shall be provided for use at
served by the facilities. each shower.
(2) Sanitary flush toilet facilities. (i) At
§ 71.402 Minimum requirements for least one sanitary flush toilet shall be
bathing facilities, change rooms, provided where 10 or less miners use
and sanitary flush toilet facilities.
such toilet facilities.
(a) All bathing facilities, change (ii) Where 10 or more miners use such
rooms, and sanitary flush toilet facili- toilet facilities, sufficient flush toilets
ties shall be provided with adequate shall be furnished to provide approxi-
light, heat, and ventilation so as to mately one sanitary flush toilet for
maintain a comfortable air tempera- each 10 miners.
ture and to minimize the accumulation (iii) Where 30 or more miners use toi-
of moisture and odors, and the facili- let facilities, one urinal may be sub-
ties shall be maintained in a clean and stituted for one flush toilet, however,
sanitary condition. where such substitutions are made
(b) Bathing facilities, change rooms, they shall not reduce the number of
and sanitary flush toilet facilities shall toilets below a ratio of two flush toi-
be constructed and equipped so as to lets to one urinal.
comply with applicable State and local (iv) An adequate supply of toilet
building codes. However, where no paper shall be provided with each toi-
State or local building codes apply to let.
these facilities, or where no State or
(v) Adequate handwashing facilities
local building codes exist, the facilities
or hand lavatories shall be provided in
shall be constructed and equipped so as
or adjacent to each toilet facility.
to meet the minimum construction re-
(3) Change rooms. (i) Individual
quirements in the National Building
clothes storage containers or lockers
Code (1967 edition) and the plumbing
shall be provided for storage of miners’
requirements in the National Plumbing
clothing and other incidental personal
Code (ASA A40.8–1955), which docu-
belongings during and between shifts.
ments are hereby incorporated by ref-
erence and made a part hereof. These (ii) Change rooms shall be provided
documents are available for examina- with sample space to permit the use of
tion at MSHA’s Office of Standards, such facilities by all miners changing
Regulations, and Variances, 201 12th clothes prior to and after each shift.
Street South, Arlington, VA 22202–5452; [37 FR 6368, Mar. 28, 1972, as amended at 43
202–693–9440; and at every MSHA Coal FR 12319, Mar. 24, 1978; 67 FR 38385, June 4,
Mine Safety and Health District Office. 2002; 71 FR 16668, Apr. 3, 2006; 80 FR 52989,
Copies of the National Plumbing Code Sept. 2, 2015]
(ASA A40.8–1955) may be purchased
from the American National Standards § 71.403 Waiver of surface facilities re-
quirements; posting of waiver.
Institute, Inc., 25 W. 43rd Street, 4th
Floor, New York, NY 10036; http:// (a) The Coal Mine Health and Safety
www.ansi.org. District Manager for the district in
(c) In addition to the minimum re- which the mine is located, after con-
quirements specified in paragraphs (a) sultation with the appropriate Re-
and (b) of this section, facilities main- gional Program Director, National In-
tained in accordance with § 71.400 shall stitute for Occupational Safety and
include the following: Health, may, upon written application
(1) Bathing facilities. (i) Showers shall by the operator, and after consider-
be provided with both hot and cold ation of any comments filed within 30
water. days after receipt of the application,
(ii) At least one shower head shall be waive any or all of the requirements
provided where five or less miners use for §§ 71.400 through 71.402 for a period
such showers. not to exceed 1 year if he determines
(iii) Where five or more miners use that—
such showers, sufficient showers shall (1) The operator is providing or mak-
be furnished to provide approximately ing available, under arrangements with

one shower head for each five miners. one or more third parties, facilities
477
§ 71.404 30 CFR Ch. I (7–1–20 Edition)
which are at least equivalent to those Subpart F—Sanitary Toilet Facilities

required by the standards, or at Surface Worksites of Sur-
(2) It is impractical for the operator
to meet the requirement(s) or provide
face Coal Mines
the facility (facilities) for which the § 71.500 Sanitary toilet facilities at sur-
waiver is sought. face work sites; installation re-
(b) The waiver shall be in writing and quirements.
shall set forth the requirement(s)
which the operator will not be required (a) Each operator of a surface coal
to meet or the facilities which the op- mine shall provide and install at least
erator will not be required to provide one sanitary toilet in a location con-
and the specific reason or reasons for venient to each surface work site. A
such waiver. single sanitary toilet may serve two or
(c) Upon receipt of any waiver, the more surface work sites in the same
operator shall post a copy of the waiver surface mine where the sanitary toilet
for at least 30 days on the mine bul- is convenient to each such work site.
letin board required by section 107(a) of (b) Where 10 or more miners use such
the Act. toilet facilities, sufficient toilets shall
(d) An extension of the waiver at the be furnished to provide approximately
end of 1 year may be sought by the op- one sanitary toilet for each 10 miners.
erator by filing an application pursu- (c) Sanitary toilets shall have an at-
ant to § 71.404 no later than 30 days nor tached toilet seat with a hinged lid and
more than 60 days prior to the expira- a toilet paper holder together with an
tion date of the waiver. adequate supply of toilet tissue.
(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C. (d) Only flush or nonflush chemical
3501 et seq.)) or biological toilets, combustion or in-
[37 FR 6368, Mar. 28, 1972, as amended at 47 cinerating toilets, sealed bag toilets,
FR 14696, Apr. 6, 1982; 60 FR 33723, June 29, and vault toilets meet the require-
1995] ments of this section. Privies are pro-
hibited.
§ 71.404 Application for waiver of sur-
face facilities requirements. NOTE TO PARAGRAPH (d): Sanitary toilet fa-
cilities for surface work areas of under-
(a) Application for waivers of any re- ground mines are subject to the provisions of
quirements of §§ 71.400 through 71.402 § 75.1712–3 of this chapter.)
shall be in writing, filed with the ap-
propriate Coal Mine Health and Safety [68 FR 37087, June 23, 2003]
District Manager, and shall contain the
§ 71.501 Sanitary toilet facilities; main-
following information:
tenance.
(1) The name and address of the mine
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.
478
Subpart G—Drinking Water infected with the use of heat or sani-

tizers.
§ 71.600 Drinking water; general. (c) Drinking fountains from which
water is dispensed shall be thoroughly
An adequate supply of potable water
cleaned once each week.
shall be provided for drinking purposes
(d) Ice used for cooling drinking
in each surface installation and at each
water shall not be immersed or in di-
surface worksite of the mine.
rect contact with the water to be
§ 71.601 Drinking water; quality. cooled, unless it has been handled in a
sanitary manner and unless the ice is
(a) Potable water provided in accord- made from the same source as the
ance with the provisions of § 71.600 shall drinking water or from water of a qual-
meet the applicable minimum health ity equal to the source of the drinking
requirements for drinking water estab- water.
lished by the State or community in
which the mine is located.
Subpart H—Airborne
(b) Where no such requirements are
applicable, the drinking water provided
Contaminants
shall conform to the Public Health § 71.700 Inhalation hazards; threshold
Service Drinking Water Standards, 42 limit values for gases, dust, fumes,
CFR part 72, subpart J. mists, and vapors.
(a) No operator of an underground
§ 71.602 Drinking water; distribution.
coal mine and no operator of a surface
(a) Water shall be piped or trans- coal mine may permit any person
ported in sanitary containers. Water working at a surface installation or
systems and appurtenances thereto surface worksite to be exposed to air-
shall be constructed and maintained in borne contaminants (other than res-
accordance with State and local re- pirable coal mine dust, respirable dust
quirements. Where no such require- containing quartz, and asbestos dust)
ments are applicable, water systems in excess of, on the basis of a time-
and appurtenances shall be constructed weighted average, the threshold limit
and maintained in accordance with the values adopted by the American Con-
National Plumbing Code (ASA A40.8— ference of Governmental Industrial Hy-
1955) which is hereby incorporated by gienists in ‘‘Threshold Limit Values of
reference and made a part hereof. (For Airborne Contaminants’’ (1972), which
information as to the availability of is hereby incorporated by reference and
this code, see § 71.402(b).) made a part hereof. Excursions above
(b) Water transported to the site the listed threshold limit values shall
shall be carried, stored and otherwise not be of greater magnitude than is
protected in sanitary containers con- characterized as permissible by the
structed of smooth, impervious, heavy conference. This paragraph does not
gauge, corrosion resistant materials. apply to airborne contaminants given a
The containers shall be marked with ‘‘C’’ designation by the conference in
the words ‘‘Drinking Water.’’ the document. This document is avail-
able for examination at MSHA’s Office
§ 71.603 Drinking water; dispensing re- of Standards, Regulations, and
quirements. Variances, 201 12th Street South, Ar-
(a) Water shall be dispensed through lington, VA 22202–5452; 202–693–9440; and
a drinking fountain or from a water at every MSHA Coal Mine Safety and
storage container with an adequate Health District Office. Copies of the
supply of single service cups stored in a document may be purchased from the
clean, sanitary manner. Water shall American Conference of Governmental
not be dipped from inside water storage Industrial Hygienists, 1330 Kemper
containers. Use of a common drinking Meadow Drive, Attn: Customer Service,
cup is prohibited. Cincinnati, OH 45240; 513–742–2020; http://
(b) Water containers shall remain www.acgih.org.
sealed at all times during use and shall (b) All persons, including employees,
not be refilled with water for reuse shall be withdrawn from any area in
without first being cleaned and dis- which there is a concentration of an
479
§ 71.701 30 CFR Ch. I (7–1–20 Edition)
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; 80 FR 52990, Sept. 2, (amosite), crocidolite, anthophylite as-
2015] bestos, tremolite asbestos, and actino-
lite asbestos.
§ 71.701 Sampling; general require- Asbestos fiber means a fiber of asbes-
ments. tos that meets the criteria of a fiber.
(a) Air samples will be taken by the Fiber means a particle longer than 5
Secretary and will be analyzed to de- micrometers (μm) with a length-to-di-
termine the concentrations of noxious ameter ratio of at least 3-to-1.
or poisonous gases, dusts, fumes, mists, (b) Permissible Exposure Limits
and vapors in surface installations and (PELs)—(1) Full-shift limit. A miner’s
at surface worksites. personal exposure to asbestos shall not
(b) Upon written notification by the exceed an 8-hour time-weighted aver-
Secretary to the operator of an under- age full-shift airborne concentration of
ground coal mine or of a surface coal 0.1 fiber per cubic centimeter of air (f/
mine, the operator shall conduct any cc).
additional air sampling tests and anal- (2) Excursion limit. No miner shall be
yses as the Secretary may from time to exposed at any time to airborne con-
centrations of asbestos in excess of 1
time require in order to ensure compli-
fiber per cubic centimeter of air (f/cc)
ance with the standards set forth in
as averaged over a sampling period of
§ 71.700 in each surface installation and
30 minutes.
at each surface worksite.
(c) Measurement of airborne asbestos
(c) Where concentrations of airborne fiber concentration. Potential asbestos
contaminants in excess of the applica- fiber concentration shall be determined
ble threshold limit values, permissible by phase contrast microscopy (PCM)
exposure limits, or permissible excur- using the OSHA Reference Method in
sions are known by the operator to OSHA’s asbestos standard found in 29
exist in a surface installation or at a CFR 1910.1001, Appendix A, or a method
surface worksite, the operator shall at least equivalent to that method in
immediately provide necessary control identifying a potential asbestos expo-
measures to assure compliance with sure exceeding the 0.1 f/cc full-shift
§ 71.700 or § 71.702, as applicable. limit or the 1 f/cc excursion limit.
(d) Where the operator has reason- When PCM results indicate a potential
able grounds to believe that concentra- exposure exceeding the 0.1 f/cc full-
tions of airborne contaminants in ex- shift limit or the 1 f/cc excursion limit,
cess of the applicable threshold limit samples shall be further analyzed using
values, permissible exposure limits, or transmission electron microscopy ac-
permissible excursions exist, or are cording to NIOSH Method 7402 or a
likely to exist, the operator shall method at least equivalent to that
promptly conduct appropriate air sam- method.
pling tests to determine the concentra- [73 FR 11304, Feb. 29, 2008, as amended at 73
tion of any airborne contaminant FR 66172, Nov. 7, 2008]
which may be present and immediately
provide the necessary control measures PART 72—HEALTH STANDARDS FOR
to assure compliance with § 71.700 or COAL MINES
§ 71.702, as applicable.
Subpart A—General
[37 FR 6368, Mar. 28, 1972. Redesignated at 45
FR 80756, Dec. 5, 1980; 73 FR 11304, Feb. 29, Sec.

2008] 72.1 Scope.
480
Subpart B—Medical Surveillance (1) Each operator shall use facilities

approved by the National Institute for
72.100 Periodic examinations.
Occupational Safety and Health
Subpart C [Reserved] (NIOSH) to provide examinations speci-
fied in paragraph (a) of this section.
Subpart D—Diesel Particulate Matter—Un- (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-
72.500 Emission limits for permissible die- retary, Secretary of Health and Human
sel-powered equipment. Services (HHS), and at the request of
72.501 Emission limits for nonpermissible the miner, to the miner’s designated
heavy-duty diesel-powered equipment, physician.
generators and compressors. (b) Voluntary examinations. Each oper-
72.502 Requirements for nonpermissible
ator shall provide the opportunity to
light-duty diesel-powered equipment
other than generators and compressors. have the examinations specified in
72.503 Determination of emissions; filter § 72.100(a) at least every 5 years to all
maintenance; definition of ‘‘introduced’’. miners employed at a coal mine. The
72.510 Miner health training. examinations shall be available during
72.520 Diesel equipment inventory. a 6-month period that begins no less
than 3.5 years and not more than 4.5
Subpart E—Miscellaneous
years from the end of the last 6-month
72.610 Abrasive blasting. period.
72.620 Drill dust control at surface mines (c) Mandatory examinations. For each
and surface areas of underground mines. miner who begins work at a coal mine
72.630 Drill dust control at underground
for the first time, the operator shall
areas of underground mines.
72.700 Respiratory equipment; respirable provide examinations specified in
dust. § 72.100(a) as follows:
72.701 Respiratory equipment; gas, dusts, (1) An initial examination no later
fumes, or mists. than 30 days after beginning employ-
72.710 Selection, fit, use, and maintenance ment;
of approved respirators.
72.800 Single, full-shift measurement of res-
(2) A follow-up examination no later
pirable coal mine dust. than 3 years after the initial examina-
tion in paragraph (c)(1); and
AUTHORITY: 30 U.S.C. 811, 813(h), 957.
(3) A follow-up examination no later
SOURCE: 59 FR 8327, Feb. 18, 1994, unless than 2 years after the examinations in
otherwise noted. paragraph (c)(2) if the chest x-ray
shows evidence of pneumoconiosis or
Subpart A—General the spirometry examination indicates
evidence of decreased lung function.
§ 72.1 Scope.
For this purpose, evidential criteria
The health standards in this part will be defined by NIOSH.
apply to all coal mines. (d) Each mine operator shall develop
and submit for approval to NIOSH a
Subpart B—Medical Surveillance plan in accordance with 42 CFR part 37
for providing miners with the examina-
SOURCE: 79 FR 24986, May 1, 2014, unless tions specified in § 72.100(a) and a roster
otherwise noted. specifying the name and current ad-
dress of each miner covered by the
§ 72.100 Periodic examinations.
plan.
(a) Each operator of a coal mine shall (e) Each mine operator shall post on
provide to each miner periodic exami- the mine bulletin board at all times
nations including chest x-rays, the approved plan for providing the ex-
spirometry, symptom assessment, and aminations specified in § 72.100(a).
occupational history at a frequency
specified in this section and at no cost

to the miner. Subpart C [Reserved]
481
§ 72.500 30 CFR Ch. I (7–1–20 Edition)
Subpart D—Diesel Particulate Mat- (c) As of January 19, 2005, each piece
ter—Underground Areas of of nonpermissible heavy-duty diesel-
Underground Coal Mines powered equipment (as defined by
§ 75.1908(a) of this part), generator or
compressor operated in an underground
SOURCE: 66 FR 5704, Jan. 19, 2001, unless
otherwise noted. area of an underground coal mine must
emit no more than 2.5 grams per hour
§ 72.500 Emission limits for permis- of diesel particulate matter.
sible diesel-powered equipment. (d) Notwithstanding the other provi-
(a) Each piece of permissible diesel- sions of this section, a generator or
powered equipment introduced into an compressor that discharges its exhaust
underground area of an underground directly into intake air that is coursed
coal mine after May 21, 2001 must emit directly to a return air course, or dis-
no more than 2.5 grams per hour of die- charges its exhaust directly into a re-
sel particulate matter. turn air course, is not subject to the
(b) As of July 19, 2002, each piece of applicable requirements of this section.
permissible diesel-powered equipment
operated in an underground area of an [66 FR 5704, Jan. 19, 2001, as amended at 66
underground coal mine must emit no FR 15033, Mar. 15, 2001; 66 FR 27866, May 21,
more than 2.5 grams per hour of diesel 2001]
particulate matter.
§ 72.502 Requirements for nonpermis-
[66 FR 5704, Jan. 19, 2001, as amended at 66 sible light-duty diesel-powered
FR 15033, Mar. 15, 2001; 66 FR 27866, May 21, equipment other than generators
2001] and compressors.
§ 72.501 Emission limits for nonpermis- (a) Each piece of nonpermissible
sible heavy-duty diesel-powered light-duty diesel-powered equipment
equipment, generators and com- (as defined by § 75.1908(b) of this chap-
pressors.
ter), other than generators and com-
(a) Each piece of nonpermissible pressors, introduced into an under-
heavy-duty diesel-powered equipment ground area of an underground coal
(as defined by § 75.1908(a) of this part), mine after May 21, 2001 must emit no
generator or compressor introduced more than 5.0 grams per hour of diesel
into an underground area of an under- particulate matter.
ground coal mine after May 21, 2001
(b) A piece of nonpermissible light-
must emit no more than 5.0 grams per
hour of diesel particulate matter. duty diesel-powered equipment must be
(b) As of July 21, 2003, each piece of deemed to be in compliance with the
nonpermissible heavy-duty diesel-pow- requirements of paragraph (a) of this
ered equipment (as defined by section if it utilizes an engine which
§ 75.1908(a) of this part), generator or meets or exceeds the applicable partic-
compressor operated in an underground ulate matter emission requirements of
area of an underground coal mine must the Environmental Protection Admin-
emit no more than 5.0 grams per hour istration listed in Table 72.502–1, as fol-
of diesel particulate matter. lows:
TABLE 72.502–1
40 CFR 86.094–8(a)(1)(I)(A)(2) ................. light duty vehicle ...................................... 0.1 g/mile.

40 CFR 86.094–9(a)(1)(I)(A)(2) ................. light duty truck ......................................... 0.1 g/mile.
40 CFR 86.094–11(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).
8≤kW<19 (11≤hp<25) .............................. 0.80 g/kW-hr (0.60 g/bhp-hr).
19≤kW<37 (25≤hp<50) ............................ 0.60 g/kW-hr (0.45 g/bhp-hr).
37≤kW<75 (50≤hp<100) .......................... 0.40 g/kW-hr (0.30 g/bhp-hr).
75≤kW<130 (100≤hp<175) ...................... 0.30 g/kW-hr (0.22 g/bhp-hr).
130≤kW<225 (175≤hp<300) .................... 0.20 g/kW-hr (0.15 g/bhp-hr).

225≤kW<450 (300≤hp<600) .................... 0.20 g/kW-hr (0.15 g/bhp-hr).
450≤kW<560 (600≤hp<750)’’ .................. 0.20 g/kW-hr (0.15 g/bhp-hr)
482
TABLE 72.502–1—Continued
kW≥560 (hp≥750) .................................... 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 ducted or certified by an organization

do not apply to any diesel-powered am- whose testing standards are deemed by
bulance or fire fighting equipment that the Secretary to be as rigorous as
is being used in accordance with the those set forth by paragraph (b) of this
mine fire fighting and evacuation plan section; and further, the Secretary
under § 75.1502. may accept the results of tests for one
aftertreatment device as evidencing
FR 15033, Mar. 15, 2001; 66 FR 27866, May 21, the efficiency of another
2001; 70 FR 36347, June 23, 2005] aftertreatment device which the Sec-
retary determines to be essentially
§ 72.503 Determination of emissions; identical to the one tested.
filter maintenance; definition of (d) Operators must maintain in ac-
‘‘introduced’’. cordance with manufacturer specifica-
(a) MSHA will determine compliance tions and free of observable defects,
with the emission requirements estab- any aftertreatment device installed on
lished by this part by using the amount a piece of diesel equipment upon which
of diesel particulate matter emitted by the operator relies to remove diesel
a particular engine determined from particulate matter from diesel emis-
the engine approval pursuant to sions.
§ 7.89(a)(9)(iii)(B) or § 7.89(a)(9)(iv)(A) of (e) For purposes of §§ 72.500(a),
this title, with the exception of engines 72.501(a) and 72.502(a), the term ‘‘intro-
deemed to be in compliance by meeting duced’’ means any piece of equipment
the EPA requirements specified in whose engine is a new addition to the
Table 72.502–1 (§ 72.502(b)). underground inventory of engines of
(b) Except as provided in paragraph the mine in question, including newly
(c) of this section, the amount by purchased equipment, used equipment,
which an aftertreatment device can re- and equipment receiving a replacement
duce engine emissions of diesel particu- engine that has a different serial num-
late matter as determined pursuant to ber than the engine it is replacing.
paragraph (a) must be established by a ‘‘Introduced’’ does not include a piece
laboratory test: of equipment whose engine was pre-
(1) on an approved engine which viously part of the mine inventory and
MSHA has determined, pursuant to rebuilt.
paragraph (a) of this section, to emit
no more diesel particulate matter than § 72.510 Miner health training.
the engine being used in the piece of
diesel-powered equipment in question; (a) Operators must provide annual
(2) using the test cycle specified in training to all miners at a mine who
Table E–3 of § 7.89 of this title, and fol- can reasonably be expected to be ex-
lowing a test procedure appropriate for posed to diesel emissions on that prop-
the filtration system, by a laboratory erty. The training must include—
capable of testing engines in accord- (1) The health risks associated with
ance with the requirements of Subpart exposure to diesel particulate matter;
E of part 7 of this title; and (2) The methods used in the mine to
(3) with an aftertreatment device rep- control diesel particulate matter con-
resentative of that being used on the centrations;
piece of diesel-powered equipment in (3) Identification of the personnel re-
question. sponsible for maintaining those con-
(c) In lieu of the laboratory tests re- trols; and
quired by paragraph (b), the Secretary (4) Actions miners must take to en-
may accept the results of tests con- sure the controls operate as intended.
483
§ 72.520 30 CFR Ch. I (7–1–20 Edition)
(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
[59 FR 8327, Feb. 18, 1994, as amended at 60
Labor, the Secretary of Health and FR 30401, June 8, 1995]
Human Services, or from the author-
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 Holes shall be collared and drilled
operator must transfer the training wet, or other effective dust control
records, or a copy, to any successor op- measures shall be used, when drilling
erator who must maintain them for the non-water-soluble material. Effective
required period. dust control measures shall be used
§ 72.520 Diesel equipment inventory. when drilling water-soluble material.
(a) The operator of each mine that § 72.630 Drill dust control at under-
utilizes diesel equipment underground, ground areas of underground
shall prepare and submit in writing to mines.
the District Manager, an inventory of (a) Dust resulting from drilling in
diesel equipment used in the mine. The rock shall be controlled by use of per-
inventory shall include the number and missible dust collectors, or by water,
type of diesel-powered units used un- or water with a wetting agent, or by
derground, including make and model ventilation, or by any other method or
of unit, type of equipment, make and device approved by the Secretary that
model of engine, serial number of en- is as effective in controlling the dust.
gine, brake horsepower rating of en- (b) Dust collectors. Dust collectors
gine, emissions of engine in grams per shall be maintained in permissible and
hour or grams per brake horsepower- operating condition. Dust collectors
hour, approval number of engine, make approved under Part 33—Dust Collec-
and model of aftertreatment device, se- tors for Use in Connection with Rock
rial number of aftertreatment device if Drilling in Coal Mines of this title or
available, and efficiency of under Bureau of Mines Schedule 25B
aftertreatment device. are permissible dust collectors for the
(b) The mine operator shall make purpose of this section.
changes to the diesel equipment inven- (c) Water control. Water used to con-
tory as equipment or emission control trol dust from drilling rock shall be ap-
systems are added, deleted or modified plied through a hollow drill steel or
and submit revisions, to the District stem or by the flooding of vertical drill
Manager, within 7 calendar days. holes in the floor.
(c) If requested, the mine operator (d) Ventilation control. To adequately
shall provide a copy of the diesel equip- control dust from drilling rock, the air
ment inventory to the representative current shall be so directed that the
of the miners within 3 days of the re- dust is readily dispersed and carried
quest. away from the drill operator or any
other miners in the area.
Subpart E—Miscellaneous
§ 72.700 Respiratory equipment; res-
§ 72.610 Abrasive blasting. pirable dust.
(a) Surface and underground mines. (a) Respiratory equipment approved
When an abrasive blasting operation is by NIOSH under 42 CFR part 84 shall be
performed, all exposed miners shall made available to all persons as re-
properly use respirators approved for quired under parts 70, 71, and 90 of this
abrasive blasting by NIOSH under 42 chapter. Use of respirators shall not be
484
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. MSHA’s Office of Standards, Regula-
(b) When required to make res- tions, and Variances, 201 12th Street
pirators available, the operator shall South, Arlington, VA 22202–5452; 202–
provide training prior to the miner’s 693–9440; or at the National Archives
next scheduled work shift, unless the and Records Administration (NARA).
miner received training within the pre- For information on the availability of
vious 12 months on the types of res- this material at NARA, call 202–741–
pirators made available. The training 6030, or go to: http://www.archives.gov/
shall include: The care, fit, use, and
federallregister/
limitations of each type of respirator.
(c) An operator shall keep a record of
ibrllocations.html. This incorporation
the training at the mine site for 24
months after completion of the train- by reference was approved by the Di-
ing. An operator may keep the record rector of the Federal Register in ac-
elsewhere if the record is immediately cordance with 5 U.S.C. 552(a) and 1 CFR
accessible from the mine site by elec- part 51.
tronic transmission. Upon request from [80 FR 52990, Sept. 2, 2015]
an authorized representative of the
Secretary, Secretary of HHS, or rep- § 72.800 Single, full-shift measurement
resentative of miners, the operator of respirable coal mine dust.
shall promptly provide access to any
The Secretary will use a single, full-
such training records. The record shall
shift measurement of respirable coal
include:
(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,
dusts, fumes, or mists. When the expo- applicable ECV in Table 70–1, 71–1, or
sure is for prolonged periods, other 90–1 that corresponds to the applicable
measures to protect such persons or to standard and the particular sampling
reduce the hazard shall be taken. device used. Upon issuance of a cita-
tion for a violation of the applicable
[79 FR 24986, May 1, 2014] standard, and for MSHA to terminate
§ 72.710 Selection, fit, use, and mainte- the citation, the operator shall take
nance of approved respirators. the specified actions in subchapter O of
this chapter.
In order to ensure the maximum
amount of respiratory protection, ap- [79 FR 24986, May 1, 2014]
proved respirators shall be selected,
fitted, used, and maintained in accord- PART 74—COAL MINE DUST
ance with the provisions of the Amer-
ican National Standards Institute’s
SAMPLING DEVICES
‘‘Practices for Respiratory Protection
ANSI Z88.2–1969,’’ which is hereby in- Subpart A—General
corporated by reference. This publica- Sec.
tion may be obtained from the Amer-
74.1 Purpose.
ican National Standards Institute, Inc., 74.2 Definitions.
25 W. 43rd Street, 4th Floor, New York,
485
§ 74.1 30 CFR Ch. I (7–1–20 Edition)
Subpart B—Approval Requirements for which is achieved with a 0.95 prob-

Coal Mine Dust Personal Sampler Unit ability by the method.
(b) Bias: the uncorrectable relative
74.3 Sampler unit.
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.
(c) Coal mine dust personal sampler
Subpart C—Requirements for Continuous unit (CMDPSU): a personal device for
Personal Dust Monitors (CPDMs) measuring concentrations of respirable
74.7 Design and construction requirements. dust in coal mine atmospheres that
74.8 Measurement, accuracy, and reliability meets the requirements specified under
requirements. Subpart B of this part.
74.9 Quality assurance. (d) Continuous personal dust monitor
74.10 Operating and maintenance instruc- (CPDM): a sampling device for continu-
tions. ously measuring concentrations of res-
74.11 Tests of the continuous personal dust
monitor.
pirable dust in coal mine atmospheres
that reports within-shift and end-of
Subpart D—General Requirements for All shift measurements of dust concentra-
Devices tions immediately upon the completion
of the period of exposure that was mon-
74.12 Conduct of tests; demonstrations. itored and that meets the requirements
74.13 Applications.
specified under Subpart C of this part.
74.14 Certificate of approval.
74.15 Approval labels. (e) ISO: the International Organiza-
74.16 Material required for record. tion for Standardization, an inter-
74.17 Changes after certification. national standard-setting organization
74.18 Withdrawal of certification. composed of representatives from var-
AUTHORITY: 30 U.S.C. 957. ious national standards-setting organi-
zations. ISO produces industrial and
SOURCE: 75 FR 17523, Apr. 6, 2010, unless
commercial voluntary consensus stand-
otherwise noted.
ards used worldwide.
(f) Precision: the relative variability
Subpart A—General of measurements from a homogeneous
§ 74.1 Purpose. atmosphere about the mean of the pop-
ulation of measurements, divided by
The regulations in this part set forth the mean at a given concentration. It
the requirements for approval of coal reflects the ability of a CPDM to rep-
mine dust sampling devices for deter- licate measurement results.
mining the concentrations of res-
pirable dust in coal mine atmospheres;
procedures for applying for such ap-
Subpart B—Approval Require-
proval; test procedures; and labeling. ments for Coal Mine Dust Per-
sonal Sampler Unit
§ 74.3 Sampler unit.
(a) Accuracy: the ability of a contin-
uous personal dust monitor (CPDM) to A CMDPSU shall consist of:
determine the ‘‘true’’ concentration of (a) A pump unit,
the environment sampled. Accuracy (b) A sampling head assembly, and
describes the closeness of a typical (c) If rechargeable batteries are used
measurement to the quantity meas- in the pump unit, a battery charger.
ured, although it is defined and ex-
pressed in terms of the relative dis- § 74.4 Specifications of sampler unit.
crepancy of a typical measurement (a) Pump unit: (1) Dimensions. The
from the quantity measured. The accu- overall dimensions of the pump unit,
racy of a CPDM is the theoretical max- hose connections, and valve or switch
imum error of measurement, expressed covers shall not exceed 4 inches (10 cen-
as the proportion or percentage of the timeters) in height, 4 inches (10 centi-
amount being measured, without re- meters) in width, and 2 inches (5 centi-
gard for the direction of the error, meters) in thickness.
486
(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
er’s belt. the end of the sampling shift.
(10) Recharging connection. A suitable (b) Sampling head assembly. The sam-
connection shall be provided so that pling head assembly shall consist of a
the battery may be recharged without cyclone and a filter assembly as fol-
removing the battery from the pump lows:
487
§ 74.5 30 CFR Ch. I (7–1–20 Edition)
(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 firmly in contact and airtight. The cy-
or 01B11476–01 and vortex finder, part clone-cassette assembly shall be at-
No. 28541/4B. tached firmly to a backing plate or
(2) Filter assembly. The filter assembly other means of holding the sampling
shall meet the following requirements: head in position. The cyclone shall be
(i) Filter. The filter shall be a mem- held in position so that the inlet open-
brane filter type with a nominal pore ing of the cyclone is pointing perpen-
size not over 5 micrometers. It shall be dicular to, and away from, the backing
nonhydroscopic and shall not dissolve plate.
or decompose when immersed in ethyl (5) Hose. A 3-foot (91 centimeter)
or isopropyl alcohol. The strength and long, 1⁄4-inch (0.64 centimeters) (inside
surface characteristics of the filter diameter) clear plastic hose shall be
shall be such that dust deposited on its provided to form an airtight connec-
surface may be removed by ultrasonic tion between the inlet of the sampler
methods without tearing the filter. The pump and the outlet of the filter as-
filter resistance shall not exceed 2 sembly. A device, capable of sliding
inches (0.5 centimeters) of water at an along the hose and attaching to the
airflow rate of 2 liters per minute. miner’s outer garment, shall be pro-
(ii) Capsule. The capsule enclosing vided.
the filter shall not permit sample air
(c) Battery charger. (1) Power supply.
to leak around the filter and shall pre-
The battery charger shall be operated
vent visual inspection of the filter sur-
from a 110 (VAC) (nominal), 60 Hz
face or filter loading. The capsule shall
power line.
be made of nonhydroscopic material.
(2) Connection. The battery charger
Its weight, including the enclosed fil-
shall be provided with a cord and polar-
ter, shall not exceed 5 grams and it
ized connector so that it may be con-
shall be pre-weighed by the manufac-
nected to the charge socket on the
turer with a precision of ±0.001 milli-
pump or battery case.
grams. Impact to the capsule shall not
dislodge any dust from the capsule, (3) Protection. The battery charger
which might then be lost to the weight shall be fused, shall have a grounded
measurement. power plug, and shall not be suscep-
(iii) Cassette. The cassette shall en- tible to damage by being operated
close the capsule so as to prevent con- without a battery on charge.
tamination and intentional or inad- (4) Charge rates. The battery charger
vertent alteration of dust deposited on shall be capable of fully recharging the
the filter. The cassette must be easily battery in the pump unit within 16
removable without causing a loss or hours.
gain of capsule weight. The cassette
shall be designed to prevent contami- § 74.5 Tests of coal mine dust personal
sampler units.
nants from entering or dust from leav-
ing the capsule when it is not in use, (a) The National Institute for Occu-
and to prevent the reversal of airflow pational Safety and Health (NIOSH),
through the capsule or other means of Department of Health and Human
removing dust collected on the filter. Services, shall conduct tests to deter-
(3) Arrangement of components. The mine whether a CMDPSU that is sub-
connections between the cyclone vor- mitted for approval under these regula-
tex finder and the capsule and between tions meets the requirements set forth
the capsule and the 1⁄4-inch (0.64 centi- in § 74.4.
meters) (inside diameter) hose men- (b) The Mine Safety and Health Ad-
tioned in paragraph (b)(5) of this sec- ministration (MSHA), Department of
488
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
testing.
§ 74.6 Quality control. (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- (4) NIOSH will advise and assist the
pler unit. In order to assure that the applicant, as necessary, to develop a
quality of the CMDPSU will be main- testing protocol and arrange for the
tained in production through adequate conduct of testing specified in this
quality control procedures, MSHA and paragraph.
NIOSH reserve the right to have their (5) NIOSH may further inspect the
qualified personnel inspect each appli- device or conduct such tests as it
cant’s control-test equipment proce- deems necessary to assure the safety,
dures and records and to interview the comfort, practicality, and operability
employees who conduct the control of the device when it is worn by coal
tests. Two copies of the results of any miners in the performance of their du-
tests made by the applicant on the ties.
CMDPSU or the pump unit thereof (6) NIOSH may waive the require-
shall accompany an application pro- ment for the applicant to conduct test-
vided under § 74.13 of this part. ing under paragraph (b) of this section
if NIOSH determines that such testing
Subpart C—Requirements for is unnecessary to assure the safety,
Continuous Personal Dust Monitors comfort, practicality, and operability
of the device when it is worn by coal
§ 74.7 Design and construction re- miners in the performance of their du-
quirements. ties.
(a) General requirement. Continuous (c) Maximum weight. A CPDM shall
Personal Dust Monitors (CPDMs) shall not add more than 2 kg to the total
be designed and constructed for coal weight carried by the miner. CPDMs
miners to wear and operate without that are combined with other func-
impeding their ability to perform their tions, such as communication or illu-
work safely and effectively, and shall mination, may exceed 2 kg provided
be sufficiently durable to perform reli- that the total added weight carried by
ably in the normal working conditions the miner does not exceed 2 kg.
of coal mines. (d) Dust concentration range. The
(b) Ergonomic design testing. Prior to CPDM shall measure respirable coal
submitting an application under § 74.13, mine dust concentrations accurately,
the applicant shall develop a testing as specified under § 74.8, for an end-of-
protocol and test the CPDM to assure shift average measurement, for con-
that the device can be worn safely, centrations within a range from 0.2 to
without discomfort, and without im- 4.0 mg/m3 for respirable coal mine dust.
pairing a coal miner in the perform- For end-of-shift average concentra-
ance of duties throughout a full work tions exceeding 4.0 mg/m3, the CPDM
shift. The results of the test shall also shall provide a reliable indication that
demonstrate that the device will oper- the concentration exceeded 4.0 mg/m3.
ate consistently throughout a full (e) Environmental conditions. The
work shift under representative work- CPDM shall operate reliably and accu-
ing conditions of underground coal rately as specified under § 74.8, under
miners, including representative types the following environmental condi-
and durations of physical activity, tions:
tasks, and changes in body orientation. (1) At any ambient temperature and
(1) The testing protocol shall specify varying temperatures from minus 30 to
that the tests be conducted in one or plus 40 degrees centigrade;
489
§ 74.7 30 CFR Ch. I (7–1–20 Edition)
(2) At any atmospheric pressure from 61000–4–6, International Standard (Elec-

700 to 1000 millibars; tromagnetic compatibility—Part 4–6:
(3) At any ambient humidity from 10 Testing and measurement techniques—
to 100 percent relative humidity; and Immunity to conducted disturbances,
(4) While exposed to water mists gen- induced by radio-frequency fields), Edi-
erated for dust suppression and while tion 3.0, 2008–10. Persons must proceed
monitoring atmospheres including such in accordance with IEC 61000–4–6, Inter-
water mists. national Standard (Electromagnetic
(f) Electromagnetic interference. The compatibility—Part 4–6: Testing and
CPDM shall meet the following stand- measurement techniques—Immunity to
ards for control of and protection from conducted disturbances, induced by
electromagnetic interference. radio-frequency fields), Edition 3.0,
(1) For emissions control, operators 2008–10. The Director of the Federal
must follow: IEEE Std C95.1–2005, Register approves this incorporation
(IEEE Standard for Safety Levels with by reference in accordance with 5
Respect to Human Exposure to Radio U.S.C. 552(a) and 1 CFR part 51.
Frequency Electromagnetic Fields, 3
(i) Persons may obtain a copy from
kHz to 300 GHz) and 47 CFR 15.1
the International Electrotechnical
through 15.407 (FCC Radio Frequency
Commission at the address provided
Devices). Persons must proceed in ac-
below:
cordance with IEEE Std C95.1–2005
(IEEE Standard for Safety Levels with International Electrotechnical Com-
Respect to Human Exposure to Radio mission, IEC Central Office, 3, rue de
Frequency Electromagnetic Fields, 3 Varembé, P.O. Box 131, CH–1211 GENE-
kHz to 300 GHz). VA 20, Switzerland. http://
(i) The Director of the Federal Reg- www.standardsinfo.net.
ister approves this incorporation by (ii) Persons may inspect a copy at
reference in accordance with 5 U.S.C. MSHA, Office of Standards, Regula-
552(a) and 1 CFR part 51. Persons may tions, and Variances, 201 12th Street
obtain a copy from: American National South, Arlington, VA 22202–5452, 202–
Standards Institute (ANSI), 25 West 693–9440, or at the National Archives
43rd Street, New York, NY 10036. http:// and Records Administration (NARA).
www.ansi.org. For information on the availability of
(ii) Persons may inspect a copy at this material at NARA, call 202–741–
MSHA, Office of Standards, Regula- 6030, or go to: http://www.archives.gov/
tions, and Variances, 201 12th Street federallregister/
South, Arlington, VA 22202–5452, 202– codeloflfederallregulations/
693–9440, or at the National Archives ibrllocations.html.
and Records Administration (NARA). (g) Durability testing. The CPDM shall
For information on the availability of be designed and constructed to remain
this material at NARA, call 202–741– safe and measure respirable coal mine
6030, or go to: http://www.archives.gov/ dust concentrations accurately, as
federallregister/ specified under § 74.8 of this section
codeloflfederallregulations/ after undergoing the following dura-
ibrllocations.html. bility tests, which NIOSH will apply to
(2) For immunity/susceptibility pro- test devices prior to their use in fur-
tection, operators must follow: IEC 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,
514.5C–1. equivalent to 1,000
miles.
Drop ............ 3-foot drop onto bare In standard in-use con- 1 drop per axis (3 total).
concrete surface. figuration.
(1) Persons must proceed in accord- ment of Defense Test Method for Envi-
ance with Mil-Std-810F, 514.5, Depart- ronmental Engineering Considerations
490
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/.
(l) Integration with other personal min-
(2) Persons may inspect a copy at
MSHA, Office of Standards, Regula- ing equipment. (1) If the CPDM is inte-
tions, and Variances, 201 12th Street grated or shares functions with any
South, Arlington, VA 22202–5452; 202– other devices used in mines, such as
693–9440; or at the National Archives cap lights or power sources, then the
and Records Administration (NARA). applicant shall obtain approvals for
For information on the availability of such other devices, prior to receiving
this material at NARA, call 202–741– final certification of the CPDM under
6030, or go to: http://www.archives.gov/ this section.
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,
and provide means for the user to ob- (n) Maintenance features. The CPDM
tain data reports repetitively. The shall be designed to assure that the de-
CPDM shall also report end-of-shift re- vice can be cleaned and maintained to
sults using computer software compat- perform accurately and reliably for the
ible with current, commonly used per- duration of its service life.
sonal computer technology. [75 FR 17523, Apr. 6, 2010, as amended at 80
(2) The CPDM shall report results as FR 52990, Sept. 2, 2015]
cumulative mass concentration in
units of mass per volume of air (mg/m3) § 74.8 Measurement, accuracy, and re-
with two significant figures of accu- liability requirements.
racy rounded as customary.
(a) Breathing zone measurement re-
(i) Power requirements. The power
quirement. The CPDM shall be capable
source of the CPDM shall have suffi-
of measuring respirable dust within the
cient capacity to enable continuous
sampling for 12 hours in a coal mine personal breathing zone of the miner
dust atmosphere of up to 4.0 mg/m3. If whose exposure is being monitored.
the CPDM uses a rechargeable battery, (b) Accuracy. The ability of a CPDM
the battery charger shall be operated to determine the true concentration of
from a 110 (VAC) (nominal), 60 Hz respirable coal mine dust at the end of
power line. a shift shall be established through
(j) Flow stability and calibration of testing that demonstrates the fol-
pump. If a pump is used, the flow shall lowing:
not vary more than ±5 percent of the (1) For full-shift measurements of 8
calibrated flow for 95 percent of sam- hours or more, a 95 percent confidence
ples taken for any continuous duration that the recorded measurements are
for up to 12 hours. The flow calibration
491
§ 74.9 30 CFR Ch. I (7–1–20 Edition)
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: NIOSH–Pub-
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, 201 12th Street
fied under paragraph (b)(2) of this sec- South, Arlington, VA 22202–5452; 202–
tion. 693–9440; or at the National Archives
(e) Bias. The bias of the CPDM meas- and Records Administration (NARA).
urements shall be limited such that the For information on the availability of
uncorrectable discrepancy between the this material at NARA, call 202–741–
6030, or go to: http://www.archives.gov/
1 The equivalent dust concentration range 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 [75 FR 17523, Apr. 6, 2010, as amended at 80
duration of the intrashift measurement spec- FR 52990, Sept. 2, 2015]
ified in units of hours. For example, for a
measurement taken at exactly one hour into § 74.9 Quality assurance.
the shift, the 8-hour equivalent dust con-
centration range would be a one-hour aver- (a) General requirements. The appli-
age concentration range of: 8 hours/1 hour × cant shall establish and maintain a
(0.2 ¥ 4 mg/m3) = 1.6 ¥ 32 mg/m3; for a two- quality control system that assures
hour measurement, the applicable con- that CPDM devices produced under the
centration range would be calculated as: 8 applicant’s certificate of approval meet
hours/2 hours × (0.2 ¥ 4 mg/m3) = 0.8 ¥ 16 mg/
m3; for a 4-hours measurement, the equiva-
the required specifications and are reli-
lent range would be: 0.4 ¥ 8 mg/m3; * * * etc. able, safe, effective, and otherwise suit-
able for their intended use. To estab-
A CPDM must perform accurately, as speci-

fied, for intrashift measurements within lish and to maintain an approval under
such equivalent concentration ranges. this part, the applicant shall:
492
(1) Submit a copy of the most recent device, revocation of approval until
registration under ISO Q9001–2000, NIOSH determines that the deficiency
American National Standard, Quality is corrected.
Management Systems-Requirements,
[75 FR 17523, Apr. 6, 2010, as amended at 80
published by ISO:
FR 52990, Sept. 2, 2015]
(i) With the application for approval
under § 74.13 of this part; and § 74.10 Operating and maintenance in-
(ii) Upon request by NIOSH, subse- structions.
quent to the approval of a CPDM under
this part. (a) Contents. The manufacturer must
(2) Persons must proceed in accord- include operating and storage instruc-
ance with ISO Q9001–2000, American tions and a maintenance and service
National Standard, Quality Manage- life plan with each new CPDM device
ment Systems-Requirements. The Di- sold. These documents must be clearly
rector of the Federal Register approves written.
this incorporation by reference in ac- (1) Operating and storage instruc-
cordance with 5 U.S.C. 552(a) and 1 CFR tions must include:
part 51. Persons may obtain a copy (i) An explanation of how the CPDM
from the International Organization works;
for Standardization at the address pro- (ii) A schematic diagram of the
vided below. CPDM;
International Organization for (iii) Procedures for wearing and use
Standardization, ISO Central Secre- of the CPDM;
tariat, 1, ch. de la Voie-Creuse, Case
(iv) A one page ‘‘quick start guide’’
Postale 56, CH–1211 GENEVA 20, Swit-
that will enable a novice to start and
zerland. http://www.standardsinfo.net.
operate the CPDM.
(3) Persons may inspect a copy at
MSHA, Office of Standards, Regula- (v) Procedures for calibration of the
tions, and Variances, 201 12th Street CPDM;
South, Arlington, VA 22202–5452; 202– (vi) Procedures for inspecting the op-
693–9440; or at the National Archives erating condition of the CPDM;
and Records Administration (NARA). (vii) Procedures and conditions for
For information on the availability of storage, including the identification of
this material at NARA, call 202–741– any storage conditions that would like-
6030, or go to: http://www.archives.gov/ ly impair the effective functioning of
federallregister/ the CPDM; and
codeloflfederallregulations/ (viii) Procedures and conditions of
ibrllocations.html. use, including identification of any
(b) Quality management audits. Upon conditions of use that would likely im-
request, applicants or approval holders pair the effective functioning of the
must allow NIOSH to inspect the qual- CPDM.
ity management procedures and (2) The maintenance and service life
records, and to interview any employ- plan must address:
ees who may be knowledgeable of qual-
(i) Conditions that should govern the
ity management processes associated
removal from service of the CPDM; and
with the production of the CPDM. Au-
dits may be conducted either on an oc- (ii) Procedures that a user or others
casional or periodic basis or in re- should follow when inspecting, per-
sponse to quality-related complaints or forming maintenance and calibration,
concerns. and determining when the CPDM
(c) Applicant remediation of quality should be removed from service.
management deficiencies. An applicant (b) Submission to NIOSH for approval.
or approval holder must correct any A copy of the instructions and plan
quality management deficiency identi- under paragraph (a) of this section
fied by an audit within a reasonable shall be submitted to NIOSH with the
time as determined by NIOSH. Failure application for approval of the CPDM
to correct a deficiency may result in and if substantive changes are made to
NIOSH disapproval of a pending appli- the approved device or approved in-

cation or, in the case of an approved structions.
493
§ 74.11 30 CFR Ch. I (7–1–20 Edition)
§ 74.11 Tests of the continuous pering considered for the approval of the
sonal dust monitor. device. The conduct of any additional
(a) Applicant testing. The applicant investigations, tests, and demonstra-
shall conduct tests to determine tions shall be under the sole direction
whether a CPDM that is submitted for of MSHA and NIOSH and any other
approval under these regulations meets persons shall be present only as observ-
the requirements specified in §§ 74.7–74.8 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. ducted by MSHA. The applicant must
(b) NIOSH testing assistance. NIOSH
submit a written application in dupli-
will provide consultation to the appli-
cate to both NIOSH and MSHA. Each
cant to identify and secure necessary
copy of the application must be accom-
testing services for meeting the re-
quirements specified in §§ 74.7–74.8 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 and test results which were provided by
submitted for approval meet the appli- an independent testing entity, as speci-
cable permissibility provisions. fied in § 74.11(a). Three complete CPDM
units must be sent to NIOSH with the
Subpart D—General Requirements application, and one CPDM device
for All Devices must be sent to MSHA.
(c) Complete drawings and specifica-
§ 74.12 Conduct of tests; demonstrations accompanying each copy of the
tions.
application shall be fully detailed to
(a) Prior to the issuance of a certifi- identify the design of the CMDPSU or
cate of approval, only personnel of pump unit thereof or of the CPDM and
MSHA and NIOSH, representatives of to disclose the dimensions and mate-
the applicant, and such other persons rials of all component parts.
as may be mutually agreed upon may
observe the tests conducted. MSHA and § 74.14 Certificate of approval.
NIOSH shall hold as confidential, and
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
plicant’s 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 tificate of approval unless MSHA has
or NIOSH deem appropriate, and may first issued a certificate of approval for
reveal the protocols and results of test- either the pump unit of a CMDPSU or
494
for the CPDM. If a certificate of ap- which the certificate of approval was
proval is issued, no test data or de- based. Use of the approval labels is au-
tailed results of tests will accompany thorized only on CMDPSUs or CPDMs,
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 will retain a CMDPSU or CPDM, as ap-
CPDM, as appropriate, upon which the propriate, that has been tested and cer-
certificate of approval is based. The ap- tified. Material not required for record
plicant shall keep exact duplicates of purposes will be returned to the appli-
the drawings and specifications sub- cant at the applicant’s request and ex-
mitted to NIOSH and to MSHA relating pense upon receipt of written shipping
to the CMDPSU, the pump unit there- instructions by MSHA or NIOSH.
of, or the CPDM, which has received a (b) As soon as a CMDPSU or CPDM,
certificate of approval. The approved as appropriate, is commercially avail-
drawings and specifications shall be ad- able, the applicant shall deliver a com-
hered to exactly in the production of plete sampling device free of charge to
the certified CMDPSU, including the NIOSH at the address specified on the
pump unit or of the CPDM, for com- NIOSH Web page: http://www.cdc.gov/
mercial purposes. In addition, the ap- niosh/mining.
plicant shall observe such procedures
for, and keep such records of, the con- § 74.17 Changes after certification.
trol of component parts as either (a) If the applicant desires to change
MSHA or NIOSH may in writing re- any feature of a certified CMDPSU or a
quire as a condition of approval. certified CPDM, the applicant shall
first obtain the approval of NIOSH pur-
§ 74.15 Approval labels. suant to the following procedures:
(a) Certificate of approval will be ac- (1) Application shall be made as for
companied by photographs of designs an original certificate of approval, re-
for the approval labels to be affixed to questing that the existing certification
each CMDPSU or CPDM, as appro- be extended to encompass the proposed
priate. change. The application shall be ac-
(b) The labels showing approval by companied by drawings, specifications,
NIOSH and by MSHA shall contain and related material.
such information as MSHA or NIOSH (2) The application and accom-
may require and shall be reproduced panying material will be examined by
legibly on the outside of a CMDPSU or NIOSH to determine whether testing of
CPDM, as appropriate, as directed by the modified CMDPSU or CPDM or
NIOSH or MSHA. components will be required. Testing
(c) The applicant shall submit full- will be necessary if there is a possi-
scale designs or reproductions of ap- bility that the modification may ad-
proval labels and a sketch or descrip- versely affect the performance of the
tion of the position of the labels on CMDPSU or CPDM. NIOSH will inform
each sampling device. the applicant whether such testing is
(d) Use of the approval labels obli- required.
gates the applicant to whom the cer- (3) If the proposed modification
tificate of approval was issued to main- meets the pertinent requirements of
tain the quality of the complete these regulations, a formal extension
CMDPSU or CPDM, as appropriate, and of certification will be issued, accom-
to guarantee that the complete panied by a list of new and revised
CMDPSU or CPDM, as appropriate, is drawings and specifications to be added
manufactured or assembled according to those already on file as the basis for

to the drawings and specifications upon the extension of certification.
495
§ 74.18 30 CFR Ch. I (7–1–20 Edition)
(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 plan—approval 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 D—Ventilation

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 75—MANDATORY SAFETY records.
STANDARDS—UNDERGROUND 75.313 Main mine fan stoppage with persons
COAL MINES underground.
75.320 Air quality detectors and measure-
ment devices.
Subpart A—General 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 B—Qualified 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 C—Roof 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.
496
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. 75.511–1 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. 75.512–1 Qualified person.
75.389 Mining into inaccessible areas. 75.512–2 Frequency of examinations.
75.513 Electric conductor; capacity and in-
Subpart E—Combustible Materials and sulation.
Rock Dusting 75.513–1 Electric conductor; size.
75.514 Electrical connections or splices;
75.400 Accumulation of combustible mate- suitability.
rials. 75.515 Cable fittings; suitability.
75.400–1 Definitions. 75.516 Power wires; support.
75.400–2 Cleanup program. 75.516–1 Installed insulators.
75.401 Abatement of dust; water or water 75.516–2 Communication wires and cables;
with a wetting agent. installation; insulation; support.
75.401–1 Excessive amounts of dust. 75.517 Power wires and cables; insulation
75.402 Rock dusting. and protection.
75.402–1 Definition. 75.517–1 Power wires and cables; insulation
75.402–2 Exceptions. and protection.
75.403 Maintenance of incombustible con- 75.517–2 Plans for insulation of existing bare
tent of rock dust. power wires and cables.
75.403–1 Incombustible content. 75.518 Electric equipment and circuits; over-
75.404 Exemption of anthracite mines. load and short circuit protection.
75.518–1 Electric equipment and circuits;
Subpart F—Electrical Equipment—General overload and short circuit protection;
minimum requirements.
75.500 Permissible electric equipment.
75.518–2 Incandescent lamps; overload and
75.500–1 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.
75.501–1 Coal seams above the water table. 75.519–1 Main power circuits; disconnecting
75.501–2 Permissible electric face equip- switches; locations.
ment. 75.520 Electric equipment; switches.
75.501–3 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. 75.522–1 Incandescent and fluorescent
75.503–1 Statement listing all electric face lamps.
equipment. 75.523 Electric face equipment;
75.504 Permissibility of new, replacement, deenergization.
used, reconditioned, additional, and re- 75.523–1 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- 75.523–2 Deenergization of self-propelled
ment. electric face equipment; performance re-
75.506 Electric face equipment; require- quirements.
ments for permissibility. 75.523–3 Automatic emergency-parking
75.506–1 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-
75.507–1 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 75—LIST
requirements. OF PERMISSIBLE ELECTRIC FARE EQUIP-
75.508 Map of electrical system. MENT APPROVED BY THE BUREAU OF MINES
75.508–1 Mine tracks. PRIOR TO MAY 23, 1936
75.508–2 Changes in electric system map; re-
cording. Subpart G—Trailing Cables
75.509 Electric power circuit and electric
equipment; deenergization. 75.600 Trailing cables; flame resistance.
75.510 Energized trolley wires; repair. 75.600–1 Approved cables; flame resistance.
75.510–1 Repair of energized trolley wires; 75.601 Short circuit protection of trailing
training. cables.
497
75.601–1 Short circuit protection; ratings 75.705–5 Installation of protective equip-
and settings of circuit breakers. ment.
75.601–2 Short circuit protection; use of 75.705–6 Protective clothing; use and inspec-
fuses; approval by the Secretary. tion.
75.601–3 Short circuit protection; dual ele- 75.705–7 Protective equipment; inspection.
ment fuses; current ratings; maximum 75.705–8 Protective equipment; testing and
values. storage.
75.602 Trailing cable junctions. 75.705–9 Operating disconnecting or cutout
75.603 Temporary splice of trailing cable. switches.
75.604 Permanent splicing of trailing cables. 75.705–10 Tying into energized high-voltage
75.605 Clamping of trailing cables to equip- surface circuits.
ment. 75.705–11 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 days—idle shifts.
Subpart H—Grounding Subpart I—Underground High-Voltage

Distribution
75.700 Grounding metallic sheaths, armors
and conduits enclosing power conductors. 75.800 High-voltage circuits; circuit break-
75.700–1 Approved methods of grounding. ers.
75.701 Grounding metallic frames, casings 75.800–1 Circuit breakers; location.
and other enclosures of electric equip- 75.800–2 Approved circuit schemes.
ment. 75.800–3 Testing, examination and mainte-
75.701–1 Approved methods of grounding of nance of circuit breakers; procedures.
equipment receiving power from 75.800–4 Testing, examination, and mainte-
ungrounded alternating current power nance of circuit breakers; record.
systems. 75.801 Grounding resistors.
75.701–2 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
110–220-volt circuit. high-voltage resistance grounded sys-
75.701–3 Approved methods of grounding me- tems.
tallic frames, casings and other enclo- 75.803–1 Maximum voltage ground check cir-
sures of electric equipment receiving cuits.
power from direct current power systems 75.803–2 Ground check systems not employ-
with one polarity grounded. ing pilot check wires; approval by the
75.701–4 Grounding wires; capacity of wires. Secretary.
75.701–5 Use of grounding connectors. 75.804 Underground high-voltage cables.
75.702 Protection other than grounding. 75.805 Couplers.
75.702–1 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.
75.703–1 Approved method of grounding. 75.810 High-voltage trailing cables; splices.
75.703–2 Approved grounding mediums. 75.811 High-voltage underground equipment;
75.703–3 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.
75.703–4 Other methods of protecting off- 75.812–1 Qualified person.
track direct-current equipment; ap- 75.812–2 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.
75.704–1 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.
75.705–1 Work on high-voltage lines. 75.818 Use of insulated cable handling equip-
75.705–2 Repairs to energized surface high- ment.
voltage lines. 75.819 Motor-starter enclosures; barriers
75.705–3 Work on energized high-voltage sur- and interlocks.

face lines; reporting. 75.820 Electrical work; troubleshooting and
75.705–4 Simultaneous repairs. testing.
498
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. 75.1003–1 Other requirements for guarding of
75.824 Electrical protection. trolley wires and trolley feeder wires.
75.825 Power centers. 75.1003–2 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 L—Fire Protection
75.831 Electrical work; troubleshooting and
testing. 75.1100 Requirements.
75.832 Frequency of examinations; record- 75.1100–1 Type and quality of firefighting
keeping. equipment.
75.833 Handling high-voltage trailing cables. 75.1100–2 Quantity and location of fire-
75.834 Training. fighting equipment.
APPENDIX A TO SUBPART I OF PART 75—DIA- 75.1100–3 Condition and examination of fire-
GRAMS OF INBY AND OUTBY SWITCHING fighting equipment.
75.1101 Deluge-type water sprays, foam gen-
Subpart J—Underground Low- and Me- erators; main and secondary belt-con-
dium-Voltage Alternating Current Cir- veyor drives.
cuits 75.1101–1 Deluge-type water spray systems.
75.1101–2 Installation of deluge-type sprays.
75.900 Low- and medium-voltage circuits 75.1101–3 Water requirements.
serving three-phase alternating current 75.1101–4 Branch lines.
equipment; circuit breakers. 75.1101–5 Installation of foam generator sys-
75.900–1 Circuit breakers; location. tems.
75.900–2 Approved circuit schemes. 75.1101–6 Water sprinkler systems; general.
75.900–3 Testing, examination and mainte- 75.1101–7 Installation of water sprinkler sys-
nance of circuit breakers; procedures. tems; requirements.
75.900–4 Testing, examination and mainte- 75.1101–8 Water sprinkler systems; arrange-
nance of circuit breakers; record. ment of sprinklers.
75.901 Protection of low- and medium-volt- 75.1101–9 Back-up water system.
age three-phase circuits used under- 75.1101–10 Water sprinkler systems; fire
ground. warning devices at belt drives.
75.902 Low- and medium-voltage ground 75.1101–11 Inspection of water sprinkler sys-
check monitor circuits. tems.
75.902–1 Maximum voltage ground check cir- 75.1101–12 Equivalent dry-pipe system.
cuits. 75.1101–13 Dry powder chemical systems;
75.902–2 Approved ground check systems not general.
employing pilot check wires. 75.1101–14 Installation of dry powder chem-
75.902–4 Attachment of ground conductors ical systems.
and ground check wires to equipment 75.1101–15 Construction of dry powder chem-
frames; use of separate connections. ical systems.
75.903 Disconnecting devices. 75.1101–16 Dry powder chemical systems;
75.904 Identification of circuit breakers. sensing and fire suppression devices.
75.905 Connection of single-phase loads. 75.1101–17 Sealing of dry powder chemical
75.906 Trailing cables for mobile equipment, systems.
ground wires and ground check wires. 75.1101–18 Dry powder requirements.
75.907 Design of trailing cables for medium- 75.1101–19 Nozzles; flow rate and direction.
voltage circuits. 75.1101–20 Safeguards for dry powder chem-
APPENDIX A TO SUBPART J OF PART 75 ical systems.
75.1101–21 Back-up water system.
Subpart K—Trolley Wires and Trolley Feeder 75.1101–22 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. 75.1103–1 Automatic fire sensors.
75.1001–1 Devices for overcurrent protection; 75.1103–2 Automatic fire sensors; approved
testing and calibration requirements; components; installation requirements.
records. 75.1103–3 Automatic fire sensor and warning

75.1002 Installation of electric equipment device systems; minimum requirements;
and conductors; permissibility. general.
499
75.1103–4 Automatic fire sensor and warning 75.1107–7 Water spray devices; capacity;
device systems; installation; minimum water supply; minimum requirements.
requirements. 75.1107–8 Fire suppression devices;
75.1103–5 Automatic fire warning devices; extinguishant supply systems.
actions and response. 75.1107–9 Dry chemical devices; capacity;
75.1103–6 Automatic fire sensors; actuation minimum requirements.
of fire suppression systems. 75.1107–10 High expansion foam devices;
75.1103–7 Electrical components; permissi- minimum capacity.
bility requirements. 75.1107–11 Extinguishing agents; require-
75.1103–8 Automatic fire sensor and warning ments on mining equipment employed in
device systems; examination and test re- low coal.
quirements. 75.1107–12 Inerting of mine atmosphere pro-
75.1103–9 Minimum requirements; fire sup- hibited.
pression materials and location; mainte- 75.1107–13 Approval of other fire suppression
nance of entries and crosscuts; access devices.
doors; communications; fire crews: high- 75.1107–14 Guards and handrails; require-
expansion foam devices. ments where fire suppression devices are
75.1103–10 Fire suppression systems; addi- employed.
tional requirements. 75.1107–15 Fire suppression devices; hazards;
75.1103–11 Tests of fire hydrants and fire training of miners.
hose; record of tests. 75.1107–16 Inspection of fire suppression de-
75.1104 Underground storage, lubricating oil vices.
and grease. 75.1107–17 Incorporation by reference; avail-
75.1106 Welding, cutting, or soldering with ability of publications.
arc or flame underground. 75.1108 Approved conveyor belts.
75.1106–1 Test for methane.
Subpart M—Maps
TRANSPORTATION, HANDLING AND STORAGE OF
LIQUEFIED AND NONLIQUEFIED COMPRESSED 75.1200 Mine map.
GAS CYLINDERS 75.1200–1 Additional information on mine
map.
75.1106–2 Transportation of liquefied and
75.1200–2 Accuracy and scale of mine maps.
nonliquefied compressed gas cylinders;
75.1201 Certification.
requirements.
75.1202 Temporary notations, revisions, and
75.1106–3 Storage of liquefied and nonlique-
supplements.
fied compressed gas cylinders; require-
75.1202–1 Temporary notations, revisions,
ments.
and supplements.
75.1106–4 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.
75.1106–5 Maintenance and tests of liquefied
75.1204–1 Places to give notice and file
and nonliquefied compressed gas cyl-
maps.
inders; accessories and equipment; re-
quirements.
Subpart N—Explosives and Blasting
75.1106–6 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.
75.1107–1 Fire-resistant hydraulic fluids and 75.1313 Explosives and detonators outside of
fire suppression devices on underground magazines.
equipment. 75.1314 Sheathed explosive units.
75.1107–2 Approved fire-resistant hydraulic 75.1315 Boreholes for explosives.
fluids; minimum requirements. 75.1316 Preparation before blasting.
75.1107–3 Fire suppression devices; approved 75.1317 Primer cartridges.
components; installation requirements. 75.1318 Loading boreholes.
75.1107–4 Automatic fire sensors and manual 75.1319 Weight of explosives permitted in
actuators; installation; minimum re- boreholes in bituminous and lignite
quirements. mines.
75.1107–5 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

75.1107–6 Capacity of fire suppression de- blasting units.
vices; location and direction of nozzles. 75.1322 Stemming boreholes.
500
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 O—Hoisting and Mantrips alternatives and components.
75.1400 Hoisting equipment; general. Subpart Q—Communications
75.1400–1 Hoists; brakes, capability.
75.1400–2 Hoists; tests of safety catches; 75.1600 Communications.
records. 75.1600–1 Communication facilities; main
75.1400–3 Daily examination of hoisting portals; installation requirements.
equipment. 75.1600–2 Communication facilities; working
75.1400–4 Certifications and records of daily sections; installation and maintenance
examinations. requirements; audible or visual alarms.
75.1401 Hoists; rated capacities; indicators. 75.1600–3 Communications facilities; refuge
75.1401–1 Hoists; indicators. alternatives.
75.1402 Communication between shaft sta-
tions and hoist room. Subpart R—Miscellaneous
75.1402–1 Communication between shaft sta-
tions and hoist room. 75.1700 Oil and gas wells.
75.1402–2 Tests of signaling systems. 75.1702 Smoking; prohibition.
75.1403 Other safeguards. 75.1702–1 Smoking programs.
75.1403–1 General criteria. 75.1703 Portable electric lamps.
75.1403–2 Criteria—Hoists transporting ma- 75.1703–1 Permissible lamps.
terials; brakes. 75.1707–1 New working section.
75.1403–3 Criteria—Drum clutch; cage con- 75.1708 Surface structures, fireproofing.
struction. 75.1708–1 Surface structures; fireproof con-
75.1403–4 Criteria—Automatic elevators. struction.
75.1403–5 Criteria—Belt conveyors. 75.1709 Accumulations of methane and coal
75.1403–6 Criteria—Self-propelled personnel dust on surface coal-handling facilities.
carriers. 75.1710 Canopies or cabs; diesel-powered and
75.1403–7 Criteria—Mantrips. electric face equipment.
75.1403–8 Criteria—Track haulage roads. 75.1710–1 Canopies or cabs; self-propelled
75.1403–9 Criteria—Shelter holes. diesel-powered and electric face equip-
75.1403–10 Criteria—Haulage; general. ment; installation requirements.
75.1403–11 Criteria—Entrances to shafts and 75.1711 Sealing of mines.
slopes. 75.1711–1 Sealing of shaft openings.
75.1404 Automatic brakes; speed reduction 75.1711–2 Sealing of slope or drift openings.
gear. 75.1711–3 Openings of active mines.
75.1404–1 Braking system. 75.1712 Bath houses and toilet facilities.
75.1405 Automatic couplers. 75.1712–1 Availability of surface bathing fa-
75.1405–1 Automatic couplers, haulage cilities; change rooms; and sanitary fa-
equipment. cilities.
75.1712–2 Location of surface facilities.
WIRE ROPES 75.1712–3 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. 75.1712–4 Waiver of surface facilities re-
75.1432 Initial measurement. quirements.
75.1433 Examinations. 75.1712–5 Application for waiver of surface
75.1434 Retirement criteria. facilities.
75.1435 Load end attachments. 75.1712–6 Underground sanitary facilities;
75.1436 Drum end attachment. installation and maintenance.
75.1437 End attachment retermination. 75.1712–7 Underground sanitary facilities;
75.1438 End attachment replacement. waiver of requirements.
75.1712–8 Application for waiver of location
Subpart P—Mine Emergencies requirements for underground sanitary
facilities.
75.1500 [Reserved] 75.1712–9 Issuance of waivers.
75.1501 Emergency evacuations. 75.1712–10 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.
501
§ 75.1 30 CFR Ch. I (7–1–20 Edition)
75.1713–1 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.
75.1713–2 Emergency communications; re- 75.1729 Welding operations.
quirements. 75.1730 Compressed air; general; compressed
75.1713–3 First-Aid training; supervisory air systems.
employees. 75.1731 Maintenance of belt conveyors and
75.1713–4 First-aid training program; avail- belt conveyor entries.
ability of instruction to all miners. 75.1732 Proximity detection systems.
75.1713–5 First-aid training program; re-
training of supervisory employees; avail- Subpart S [Reserved]
ability to all miners.
75.1713–6 First-aid training program; min- Subpart T—Diesel-Powered Equipment
imum requirements.
75.1713–7 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.
75.1714–1 Approved self-rescue devices. 75.1903 Underground diesel fuel storage fa-
75.1714–2 Self-rescue devices; use and loca- cilities and areas; construction and safe-
tion requirements. ty precautions.
75.1714–3 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.
75.1714–4 Additional self-contained self-res- 75.1905–1 Diesel fuel piping systems.
cuers (SCSRs). 75.1906 Transport of diesel fuel.
75.1714–5 Map locations of self-contained 75.1907 Diesel-powered equipment intended
self-rescuers (SCSR). for use in underground coal mines.
75.1714–6 Emergency tethers. 75.1908 Nonpermissible diesel-powered
75.1714–7 Multi-gas detectors. equipment; categories.
75.1714–8 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
75.1716–1 Operations under water; notifica- equipment; electrical system design and
tion by operator. performance requirements.
75.1716–2 Permit required. 75.1911 Fire suppression systems for diesel-
75.1716–3 Applications for permits. powered equipment and diesel fuel trans-
75.1716–4 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-
75.1718–1 Drinking water; quality. cilities.
75.1719 Illumination; purpose and scope of 75.1913 Starting aids.
§§ 75.1719 through 75.1719–4; time for com- 75.1914 Maintenance of diesel-powered
pliance. equipment.
75.1719–1 Illumination in working places. 75.1915 Training and qualification of persons
75.1719–2 Lighting fixtures; requirements. working on diesel-powered equipment.
75.1719–3 Methods of measurement; light 75.1916 Operation of diesel-powered equip-
measuring instruments. ment.
75.1719–4 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
75.1720–1 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 A—General
75.1723 Stationary grinding machines; pro-
tective devices. § 75.1 Scope.
75.1724 Hand-held power tools; safety de-
This part 75 sets forth safety stand-
vices.
75.1725 Machinery and equipment; operation ards compliance with which is manda-
and maintenance. tory in each underground coal mine
502
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.
503
§ 75.100 30 CFR Ch. I (7–1–20 Edition)
(2) As applied to equipment other Secretary. The Secretary of Labor or

than permissible electric face equip- the Secretary’s 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 B—Qualified 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 74—Coal 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 State’s 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
504
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 person’s 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 D—Ventilation 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,
505
§ 75.154 30 CFR Ch. I (7–1–20 Edition)
(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 individual’s 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
506
persons for this purpose if the operator ator is employed in accordance with
of the coal mine in which such persons the mine operator’s 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 period of 6 months immediately [73 FR 80612, Dec. 31, 2008]
preceding the application. A person’s
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 person’s
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 C—Roof 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
507
§ 75.201 30 CFR Ch. I (7–1–20 Edition)
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 manufacturer’s certifi-
ribs. cation that the material was manufac-
tured and tested in accordance with
the specifications of ASTM F432–95;
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 F432–95 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 manufacturer’s
(a) For roof bolts and accessories ad- recommended hole diameter for the an-
dressed in ASTM F432–95, ‘‘Standard chor used.
508
(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 inte-
previously installed mechanically an- gral 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
(ii) Have exceeded the maximum at least 2 inches thick and 8 inches
specified torque or tension by 50 per- wide, or material which provides equiv-

cent. alent support.
509
§ 75.206 30 CFR Ch. I (7–1–20 Edition)
§ 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
510
(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.
511
§ 75.211 30 CFR Ch. I (7–1–20 Edition)
(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
512
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
513
§ 75.221 30 CFR Ch. I (7–1–20 Edition)
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 81⁄2 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
514
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
515
§ 75.300 30 CFR Ch. I (7–1–20 Edition)
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 75.1103–2 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 D—Ventilation 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
SOURCE: 61 FR 9829, Mar. 11, 1996, unless
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.
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 E119–88 time/temperature
AMS signals. Appropriate personnel in- heat input, or equivalent. The publica-
clude the responsible person(s) required tion ASTM E119–88 ‘‘Standard Test
516
Methods for Fire Tests of Building Con- accordance with 5 U.S.C. 552(a) and 1
struction and Materials’’ is incor- CFR part 51.
porated by reference and may be in- Point feeding. The process of pro-
spected at any MSHA Coal Mine Safety viding additional intake air to the belt
and Health District Office, or at air course from another intake air
MSHA’s Office of Standards, Regula- course through a regulator.
tions, and Variances, 201 12th Street Return air. Air that has ventilated
South, Arlington, VA 22202–5452; 202– the last working place on any split of
693–9440; or at the National Archives any working section or any worked-out
and Records Administration (NARA). area whether pillared or nonpillared. If
For information on the availability of air mixes with air that has ventilated
this material at NARA, call 202–741– the last working place on any split of
6030, or go to: http://www.archives.gov/ any working section or any worked-out
area, whether pillared or nonpillared,
federallregister/
it is considered return air. For the pur-
poses of § 75.507–1, air that has been
ibrllocations.html. In addition, copies
used to ventilate any working place in
of the document can be purchased from
a coal producing section or pillared
the American Society for Testing and
area, or air that has been used to venti-
Materials (ASTM), 100 Barr Harbor late any working face if such air is di-
Drive, P.O. Box C700, West rected away from the immediate return
Conshohocken, PA 19428–2959; 610–832– is return air. Notwithstanding the defi-
9500; http://www.astm.org. This incorpo- nition of intake air, for the purpose of
ration by reference was approved by ventilation of structures, areas or in-
the Director of the Federal Register in stallations that are required by this
accordance with 5 U.S.C. 552(a) and 1 subpart D to be ventilated to return air
CFR part 51. courses, and for ventilation of seals,
Noncombustible material. Describes a other air courses may be designated as
material that, 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 E119–88 time/temperature heat with intake air.
input, or equivalent. The publication Worked-out area. An area where min-
ASTM E119–88 ‘‘Standard Test Methods ing has been completed, whether
for Fire Tests of Building Construction pillared or nonpillared, excluding de-
and Materials’’ is incorporated by ref- veloping entries, return air courses,
erence and may be inspected at any and intake air courses.
Coal Mine Safety and Health District [61 FR 9829, Mar. 11, 1996; 61 FR 29288, June
Office, or at MSHA’s Office of Stand- 10, 1996, as amended at 67 FR 38386, June 4,
ards, Regulations, and Variances, 201 2002; 69 FR 17526, Apr. 2, 2004; 71 FR 16668,
12th Street South, Arlington, VA 22202– Apr. 3, 2006; 80 FR 52990, Sept. 2, 2015]
5452; 202–693–9440; or at the National Ar-
chives and Records Administration § 75.302 Main mine fans.
(NARA). For information on the avail- Each coal mine shall be ventilated by
ability of this material at NARA, call one or more main mine fans. Booster
202–741–6030, or go to: http:// fans shall not be installed underground
www.archives.gov/federallregister/ to assist main mine fans except in an-
codeloflfederallregulations/ thracite mines. In anthracite mines,
ibrllocations.html. In addition, copies booster fans installed in the main air
of the document can be purchased from current or a split of the main air cur-
the American Society for Testing and rent may be used provided their use is
Materials (ASTM), 100 Barr Harbor approved in the ventilation plan.
Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959; 610–832– § 75.310 Installation of main mine fans.
9500; http://www.astm.org. This incorpo- (a) Each main mine fan shall be—
ration by reference was approved by (1) Installed on the surface in an in-

the Director of the Federal Register in combustible housing;
517
§ 75.310 30 CFR Ch. I (7–1–20 Edition)
(2) Connected to the mine opening operate from a power circuit inde-
with incombustible air ducts; pendent of all mine power circuits.
(3) Equipped with an automatic de- (2) If an internal combustion engine
vice that gives a signal at the mine is used to drive a main mine fan—
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
518
shall have a total cross-sectional area (3) Electric power circuits entering
at least equal to that of the entry underground areas of the mine shall be
through which the pressure from an ex- deenergized.
plosion underground would be relieved. (c) When a back-up fan system is
(e) If a mine fan is installed in line used that does not provide the ven-
with an entry, a slope, or a shaft— tilating quantity provided by the main
(1) The cross-sectional area of the mine fan, persons may be permitted in
pressure relief entry shall be at least the mine and electric power circuits
equal to that of the fan entry; may be energized as specified in the ap-
(2) The fan entry shall be developed proved ventilation plan.
out of direct line with possible explo- (d) If an unusual variance in the mine
sive forces; ventilation pressure is observed, or if
(3) The coal or other solid material an electrical or mechanical deficiency
between the pressure relief entry and of a main mine fan is detected, the
the fan entry shall be at least 2,500 mine foreman or equivalent mine offi-
square feet; and cial, or in the absence of the mine fore-
(4) The surface opening of the pres- man or equivalent mine official, a des-
sure relief entry shall be not less than ignated certified person acting for the
15 feet nor more than 100 feet from the mine foreman or equivalent mine offi-
surface opening of the fan entry and cial shall be notified immediately, and
from the underground intersection of appropriate action or repairs shall be
the fan entry and pressure relief entry. instituted promptly.
(f) In mines ventilated by multiple (e) While persons are underground, a
main mine fans, incombustible doors responsible person designated by the
shall be installed so that if any main
operator shall always be at a surface
mine fan stops and air reversals
location where each main mine fan sig-
through the fan are possible, the doors
nal can be seen or heard.
on the affected fan automatically
close. (f) The area within 100 feet of main
mine fans and intake air openings shall
[61 FR 9829, Mar. 11, 1996, as amended at 61 be kept free of combustible material,
FR 20877, May 8, 1996] unless alternative precautions nec-
essary to provide protection from fire
§ 75.311 Main mine fan operation.
or other products of combustion are ap-
(a) Main mine fans shall be continu- proved in the ventilation plan.
ously operated, except as otherwise ap- (g) If multiple mine fans are used, the
proved in the ventilation plan, or when mine ventilation system shall be de-
intentionally stopped for testing of signed and maintained to eliminate
automatic closing doors and automatic areas without air movement.
fan signal devices, maintenance or ad- (h) Any atmospheric monitoring sys-
justment of the fan, or to perform tem operated during fan stoppages
maintenance or repair work under-
shall be intrinsically safe.
ground that cannot otherwise be made
while the fan is operating. § 75.312 Main mine fan examinations
(b) Except as provided in paragraph and records.
(c) of this section, when a main mine
(a) To assure electrical and mechan-
fan is intentionally stopped and the
ventilating quantity provided by the ical reliability of main mine fans, each
fan is not maintained by a back-up fan main mine fan and its associated com-
system— ponents, including devices for meas-
(1) Only persons necessary to evalu- uring or recording mine ventilation
ate the effect of the fan stoppage or re- pressure, shall be examined for proper
start, or to perform maintenance or re- operation by a trained person des-
pair work that cannot otherwise be ignated by the operator. Examinations
made while the fan is operating, shall of main mine fans shall be made at
be permitted underground; least once each day that the fan oper-
(2) Mechanized equipment shall be ates, unless a fan monitoring system is

shut off before stopping the fan; and used. No examination is required on
519
§ 75.312 30 CFR Ch. I (7–1–20 Edition)
any day when no one, including cer- essary to evaluate the effect of the fan
tified persons, goes underground, ex- stoppage or restart, or to perform
cept that an examination shall be com- maintenance or repair work that can-
pleted prior to anyone entering the not otherwise be made while the fan is
mine. operating, shall be permitted under-
(b)(1) If a main mine fan monitoring ground. Notwithstanding the provi-
system is used, a trained person des- sions of § 75.311, underground power
ignated by the operator shall— may remain energized during this test
(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-
rected, or paragraph (a) of this section (2) Persons reviewing data produced
shall apply. by a main mine fan monitoring system
(c) At least every 31 days, the auto- shall certify by initials and date on a
matic fan signal device for each main printed copy of the data from the sys-
mine fan shall be tested by stopping tem that the review was completed. In
the fan. Only persons necessary to lieu of certification on a copy of the
evaluate the effect of the fan stoppage data, the person reviewing the data
or restart, or to perform maintenance may certify electronically that the re-
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—
520
(i) The certified copies of data pro- methane in the working places and in
duced by fan monitoring systems shall other areas where methane is likely to
be maintained separate from other accumulate before work is resumed and
computer-generated reports or data; before equipment is energized or re-
and started in these areas.
(ii) A record shall be made of any fan (c) If ventilation is not restored with-
monitoring system malfunctions, elec- in 15 minutes after a main mine fan
trical or mechanical deficiencies in the stops—
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- § 75.360(b) through (e) and the area has
tained at a surface location at the been determined to be safe. Designated
mine for at least 1 year and shall be certified examiners shall enter the un-
made available for inspection by au- derground area of the mine from which
thorized representatives of the Sec- miners have been withdrawn only after
retary and the representative of min- the fan has operated for at least 15
ers. minutes unless a longer period of time
is specified in the approved ventilation
§ 75.313 Main mine fan stoppage with plan.
persons underground. (ii) Underground power circuits shall
(a) If a main mine fan stops while not be energized and nonpermissible
anyone is underground and the ven- mechanized equipment shall not be
tilating quantity provided by the fan is started or operated in an area until an
not maintained by a back-up fan sys- examination is conducted as described
tem— in § 75.360(b) through (e) and the area
(1) Electrically powered equipment in has been determined to be safe, except
each working section shall be deener- that designated certified examiners
gized; may use nonpermissible transportation
(2) Other mechanized equipment in equipment in intake airways to facili-
each working section shall be shut off; tate the making of the required exam-
and ination.
(3) Everyone shall be withdrawn from (2) If ventilation is restored to the
the working sections and areas where mine before miners reach the surface,
mechanized mining equipment is being the miners may return to underground
installed or removed. working areas only after an examina-
(b) If ventilation is restored within 15 tion of the areas is made by a certified
minutes after a main mine fan stops, person and the areas are determined to
certified persons shall examine for be safe.
521
§ 75.320 30 CFR Ch. I (7–1–20 Edition)
(e) Any atmospheric monitoring sys- the air current in these areas shall be
tem operated during fan stoppages sufficient to dilute, render harmless,
shall be intrinsically safe. and carry away flammable, explosive,
(f) Any electrical refuge alternative noxious, and harmful gases, dusts,
components exposed to the mine at- smoke, and fumes.
mosphere shall be approved as intrinsi- (2) The air in areas of bleeder entries
cally safe for use during fan stoppages. and worked-out areas where persons
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 (2) Hydrogen (H2)—.80 percent
condition and calibrated with a known
(3) Hydrogen sulfide (H2 S)—.80 per-
methane-air mixture at least once
cent
every 31 days.
(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 Governmental Industrial Hygienists in
monoxide, oxides of nitrogen, and other ‘‘Threshold Limit Values for Substance
gases shall be approved and maintained in Workroom Air’’ (1972). Detectors or
in permissible and proper operating laboratory analysis of mine air samples
condition. shall be used to determine the con-
(d) An oxygen detector approved by centrations of harmful, noxious, or poi-
MSHA shall be used to make tests for sonous gases. This incorporation by
oxygen deficiency required by the regu- reference has been approved by the Di-
lations in this part. Permissible flame rector of the Federal Register in ac-
safety lamps may only be used as a cordance with 5 U.S.C. 552(a) and 1 CFR
supplementary testing device. part 51. Copies are available from
(e) Maintenance of instruments re- MSHA’s Office of Standards, Regula-
quired by paragraphs (a) through (d) of tions, and Variances, 201 12th Street
this section shall be done by persons South, Arlington, VA 22202–5452; 202–
trained in such maintenance. 693–9440; and at every MSHA Coal Mine
Safety and Health District Office. The
§ 75.321 Air quality. material is available for examination
(a)(1) The air in areas where persons at the National Archives and Records
work or travel, except as specified in Administration (NARA). For informa-
paragraph (a)(2) of this section, shall tion on the availability of this mate-
contain at least 19.5 percent oxygen rial at NARA, call 202–741–6030, or go
and not more than 0.5 percent carbon to: http://www.archives.gov/fed-

dioxide, and the volume and velocity of erallregister/
522
codeloflfederallregulations/ section and where that split of air

ibrllocations.html. meets another split of air, or the loca-
[80 FR 52991, Sept. 2, 2015]
tion where the split is used to ventilate
seals or worked-out areas—
§ 75.323 Actions for excessive methane. (i) Everyone except those persons re-
ferred to in § 104(c) of the Act shall be
(a) Location of tests. Tests for meth-
withdrawn from the affected area;
ane concentrations under this section
(ii) Other than intrinsically safe
shall be made at least 12 inches from
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
523
§ 75.324 30 CFR Ch. I (7–1–20 Edition)
(iv) No other work shall be permitted required to be specified in the approved

in the affected area until the methane ventilation plan for other working
concentration in the return air is less places or working faces.
than 1.5 percent. (2) The quantity of air reaching the
(e) Bleeders and other return air working face shall be determined at or
courses. The concentration of methane near the face end of the line curtain,
in a bleeder split of air immediately ventilation tubing, or other ventilation
before the air in the split joins another control device. If the curtain, tubing,
split of air, or in a return air course or device extends beyond the last row
other than as described in paragraphs of permanent roof supports, the quan-
(c) and (d) of this section, shall not ex- tity of air reaching the working face
ceed 2.0 percent. shall be determined behind the line
curtain or in the ventilation tubing at
§ 75.324 Intentional changes in the or near the last row of permanent sup-
ventilation system. ports. When machine-mounted dust
(a) A person designated by the oper- collectors are used in conjunction with
ator shall supervise any intentional blowing face ventilation systems, the
change in ventilation that— quantity of air reaching the working
(1) Alters the main air current or any face shall be determined with the dust
split of the main air current in a man- collector turned off.
ner that could materially affect the (3) If machine mounted dust collec-
safety or health of persons in the mine; tors or diffuser fans are used, the ap-
or proved ventilation plan shall specify
(2) Affects section ventilation by the operating volume of the dust col-
9,000 cubic feet per minute of air or lector or diffuser fan.
more in bituminous or lignite mines, or (b) In bituminous and lignite mines,
5,000 cubic feet per minute of air or the quantity of air reaching the last
more in anthracite mines. open crosscut of each set of entries or
(b) Intentional changes shall be made rooms on each working section and the
only under the following conditions: quantity of air reaching the intake end
(1) Electric power shall be removed of a pillar line shall be at least 9,000
from areas affected by the ventilation cubic feet per minute unless a greater
change and mechanized equipment in quantity is required to be specified in
those areas shall be shut off before the the approved ventilation plan. This
ventilation change begins. minimum also applies to sections
(2) Only persons making the change which are not operating but are capa-
in ventilation shall be in the mine. ble of producing coal by simply ener-
(3) Electric power shall not be re- gizing the equipment on the section.
stored to the areas affected by the ven- (c) In longwall and shortwall mining
tilation change and mechanized equip- systems—
ment shall not be restarted until a cer- (1) The quantity of air shall be at
tified person has examined these areas least 30,000 cubic feet per minute reach-
for methane accumulation and for oxy- ing the working face of each longwall,
gen deficiency and has determined that unless the operator demonstrates that
the areas are safe. a lesser air quantity will maintain con-
tinual compliance with applicable
§ 75.325 Air quantity. methane and respirable dust standards.
(a)(1) In bituminous and lignite This lesser quantity shall be specified
mines the quantity of air shall be at in the approved ventilation plan. A
least 3,000 cubic feet per minute reach- quantity greater than 30,000 cubic feet
ing each working face where coal is per minute may be required to be speci-
being cut, mined, drilled for blasting, fied in the approved ventilation plan.
or loaded. When a greater quantity is (2) The velocity of air that will be
necessary to dilute, render harmless, provided to control methane and res-
and carry away flammable, explosive, pirable dust in accordance with appli-
noxious, and harmful gases, dusts, cable standards on each longwall or
smoke, and fumes, this quantity shall shortwall and the locations where
be specified in the approved ventilation these velocities will be provided shall

plan. A minimum air quantity may be be specified in the approved ventilation
524
plan. The locations specified shall be at installed or removed must be at least

least 50 feet but no more than 100 feet the sum of that specified on the ap-
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-
rents cannot be controlled and air (2) Equipment that discharges its ex-
measurements cannot be obtained, the haust into intake air that is coursed
air shall have perceptible movement. directly to a return air course;
(f) The minimum ventilating air (3) Equipment that discharges its ex-
quantity for an individual unit of die- haust directly into a return air course;
sel-powered equipment being operated and
shall be at least that specified on the (4) Other equipment having duty cy-
approval plate for that equipment. cles such that the emissions would not
Such air quantity shall be main- significantly affect the exposure of
tained— miners.
(1) In any working place where the (i) A ventilating air quantity that is
equipment is being operated; less than what is required by paragraph
(2) At the section loading point dur- (g) of this section may be approved by
ing any shift the equipment is being the district manager in the ventilation
operated on the working section; plan based upon the results of sampling
(3) In any entry where the equipment that demonstrate that the lesser air
is being operated outby the section quantity will maintain continuous
loading point in areas of the mine de- compliance with applicable TLV ®’s.
veloped on or after April 25, 1997; (j) If during sampling required by
(4) In any air course with single or § 70.1900(c) of this subchapter the ven-
multiple entries where the equipment tilating air is found to contain con-
is being operated outby the section centrations of CO or NO2 in excess of
loading point in areas of the mine de- the action level specified by § 70.1900(c),
veloped prior to April 25, 1997; and higher action levels may be approved
(5) At any other location required by by the district manager based on the
the district manager and specified in results of sampling that demonstrate
the approved ventilation plan. that a higher action level will main-
(g) The minimum ventilating air tain continuous compliance with appli-
quantity where multiple units of die- cable TLV ®’s. Action levels other than
sel-powered equipment are operated on those specified in § 70.1900(c) shall be
working sections and in areas where specified in the approved ventilation

mechanized mining equipment is being plan.
525
§ 75.326 30 CFR Ch. I (7–1–20 Edition)
(k) As of November 25, 1997 the ven- velocity may be required to limit the
tilating air quantity required where methane content in these haulage en-
diesel-powered equipment is operated tries or elsewhere in the mine to less
shall meet the requirements of para- than 1.0 percent and provide an ade-
graphs (f) through (j) of this section. quate supply of oxygen.
Mine operators utilizing diesel-powered
equipment in underground coal mines § 75.330 Face ventilation control de-
shall submit to the appropriate MSHA vices.
district manager a revised ventilation (a) Brattice cloth, ventilation tubing
plan or appropriate amendments to the and other face ventilation control de-
existing plan, in accordance with vices shall be made of flame-resistant
§ 75.371, which implement the require- material approved by MSHA.
ments of paragraphs (f) through (j) of (b)(1) Ventilation control devices
this section. shall be used to provide ventilation to
[61 FR 9828, Mar. 11, 1996; 61 FR 26442, May 28, dilute, render harmless, and to carry
1996; 61 FR 29288, June 10, 1996, as amended at away flammable, explosive, noxious,
61 FR 55526, Oct. 25, 1996; 62 FR 34641, June 27, and harmful gases, dusts, smoke, and
1997; 79 FR 24987, May 1, 2014] fumes—
(i) To each working face from which
§ 75.326 Mean entry air velocity.
coal is being cut, mined, drilled for
In exhausting face ventilation sys- blasting, or loaded; and
tems, the mean entry air velocity shall (ii) To any other working places as
be at least 60 feet per minute reaching required by the approved ventilation
each working face where coal is being plan.
cut, mined, drilled for blasting, or load- (2) These devices shall be installed at
ed, and to any other working places as a distance no greater than 10 feet from
required in the approved ventilation the area of deepest penetration to
plan. A lower mean entry air velocity which any portion of the face has been
may be approved in the ventilation advanced unless an alternative dis-
plan if the lower velocity will maintain tance is specified and approved in the
methane and respirable dust concentra- ventilation plan. Alternative distances
tions in accordance with the applicable specified shall be capable of maintain-
levels. Mean entry air velocity shall be ing concentrations of respirable dust,
determined at or near the inby end of methane, and other harmful gases, in
the line curtain, ventilation tubing, or accordance with the levels specified in
other face ventilation control devices.
the applicable sections of this chapter.
[61 FR 9828, Mar. 11, 1996; 61 FR 29288, June (c) When the line brattice or any
10, 1996] other face ventilation control device is
damaged to an extent that ventilation
§ 75.327 Air courses and trolley haul-
age systems. of the working face is inadequate, pro-
duction activities in the working place
(a) In any mine opened on or after shall cease until necessary repairs are
March 30, 1970, or in any new working made and adequate ventilation is re-
section of a mine opened before that stored.
date, where trolley haulage systems
are maintained and where trolley wires [61 FR 9828, Mar. 11, 1996; 61 FR 29288, June
or trolley feeder wires are installed, an 10, 1996]
§ 75.331 Auxiliary fans and tubing.
retary shall require enough entries or
rooms as intake air courses to limit (a) When auxiliary fans and tubing
the velocity of air currents in the are used for face ventilation, each aux-
haulageways to minimize the hazards iliary fan shall be—
of fires and dust explosions in the (1) Permissible, if the fan is elec-
haulageways. trically operated;
(b) Unless the district manager ap- (2) Maintained in proper operating
proves a higher velocity, the velocity condition;
of the air current in the trolley haul- (3) Deenergized or shut off when no
age entries shall be limited to not more one is present on the working section;
than 250 feet per minute. A higher air and
526
(4) Located and operated to avoid re- (2) Air that has passed by any open-
circulation of air. ing of any unsealed area that is not ex-
(b) If a deficiency exists in any auxil- amined under §§ 75.360, 75.361 or 75.364 of
iary fan system, the deficiency shall be this subpart, shall not be used to venti-
corrected or the auxiliary fan shall be late any working place.
deenergized immediately.
(c) If the air passing through an aux- § 75.333 Ventilation controls.
iliary fan or tubing contains 1.0 per- (a) For purposes of this section,
cent or more methane, power to elec- ‘‘doors’’ include any door frames.
trical equipment in the working place (b) Permanent stoppings or other per-
and to the auxiliary fan shall be deen- manent ventilation control devices
ergized, and other mechanized equip-
constructed after November 15, 1992,
ment in the working place shall be
shall be built and maintained—
shut off until the methane concentra-
(1) Between intake and return air
tion is reduced to less than 1.0 percent.
(d) When an auxiliary fan is courses, except temporary controls
stopped— may be used in rooms that are 600 feet
(1) Line brattice or other face ven- or less from the centerline of the entry
tilation control devices shall be used to from which the room was developed in-
maintain ventilation to affected faces; cluding where continuous face haulage
and systems are used in such rooms. Unless
(2) Electrical equipment in the af- otherwise approved in the ventilation
fected working places shall be discon- plan, these stoppings or controls shall
nected at the power source, and other be maintained to and including the
mechanized equipment shall be shut off third connecting crosscut outby the
until ventilation to the working place working face;
is restored. (2) To separate belt conveyor
haulageways from return air courses,
§ 75.332 Working sections and working except where belt entries in areas of
places. mines developed before March 30, 1970,
(a)(1) Each working section and each are used as return air courses;
area where mechanized mining equip- (3) To separate belt conveyor
ment is being installed or removed, haulageways from intake air courses
shall be ventilated by a separate split when the air in the intake air courses
of intake air directed by overcasts, is used to provide air to active working
undercasts or other permanent ventila- places. Temporary ventilation controls
tion controls. may be used in rooms that are 600 feet
(2) When two or more sets of mining or less from the centerline of the entry
equipment are simultaneously engaged from which the rooms were developed
in cutting, mining, or loading coal or including where continuous face haul-
rock from working places within the age systems are used in such rooms.
same working section, each set of min- When continuous face haulage systems
ing equipment shall be on a separate are used, permanent stoppings or other
split of intake air. permanent ventilation control devices
(3) For purposes of this section, a set shall be built and maintained to the
of mining equipment includes a single outby most point of travel of the dolly
loading machine, a single continuous or 600 feet from the point of deepest
mining machine, or a single longwall penetration in the conveyor belt entry,
or shortwall mining machine. whichever distance is closer to the
(b)(1) Air that has passed through point of deepest penetration, to sepa-
any area that is not examined under rate the continuous haulage entry from
§§ 75.360, 75.361 or 75.364 of this subpart, the intake entries;
or through an area where second min- (4) To separate the primary
ing has been done shall not be used to escapeway from belt and trolley haul-
ventilate any working place. Second age entries, as required by § 75.380(g).
mining is intentional retreat mining For the purposes of § 75.380(g), the load-
where pillars have been wholly or paring point for a continuous haulage sys-
tially removed, regardless of the tem shall be the outby most point of
amount of recovery obtained. travel of the dolly or 600 feet from the
527
§ 75.333 30 CFR Ch. I (7–1–20 Edition)
point of deepest penetration, whichever the American Society for Testing and
distance is less; and Materials (ASTM), 100 Barr Harbor
(5) In return air courses to direct air Drive, P.O. Box C700, West
into adjacent worked-out areas. Conshohocken, PA 19428–2959; 610–832–
(c) Personnel doors shall be con- 9500; http://www.astm.org. This incorpo-
structed of noncombustible material ration by reference was approved by
and shall be of sufficient strength to the Director of the Federal Register in
serve their intended purpose of main- accordance with 5 U.S.C. 552(a) and 1
taining separation and permitting CFR part 51.
travel between air courses, and shall be (2) Of sufficient strength to serve
installed as follows in permanent their intended purpose of maintaining
stoppings constructed after November separation and permitting travel be-
15, 1992: tween or within air courses or entries.
(1) The distance between personnel (3) Installed in pairs to form an air-
doors shall be no more than 300 feet in lock. When an airlock is used, one side
seam heights below 48 inches and 600
of the airlock shall remain closed.
feet in seam heights 48 inches or high-
When not in use, both sides shall be
er.
closed.
(2) The location of all personnel doors
in stoppings along escapeways shall be (e)(1)(i) Except as provided in para-
clearly marked so that the doors may graphs (e)(2), (3), and (4) of this section,
be easily identified by anyone trav- all overcasts, undercasts, shaft parti-
eling in the escapeway and in the en- tions, permanent stoppings, and regu-
tries on either side of the doors. lators, installed after June 10, 1996,
(3) When not in use, personnel doors shall be constructed in a traditionally
shall be closed. accepted method and of materials that
(4) An airlock shall be established have been demonstrated to perform
where the air pressure differential be- adequately or in a method and of mate-
tween air courses creates a static force rials that have been tested and shown
exceeding 125 pounds on closed per- to have a minimum strength equal to
sonnel doors along escapeways. or greater than the traditionally ac-
(d) Doors, other than personnel cepted in-mine controls. Tests may be
doors, constructed after November 15, performed under ASTM E72–80,
1992, that are used in lieu of permanent ‘‘Standard Methods of Conducting
stoppings or to control ventilation Strength Tests of Panels for Building
within an air course shall be: Construction’’ (Section 12–Transverse
(1) Made of noncombustible material Load–Specimen Vertical, load, only),
or coated on all accessible surfaces or the operator may conduct compara-
with flame-retardant materials having tive in-mine tests. In-mine tests shall
a flame-spread index of 25 or less, as be designed to demonstrate the com-
tested under ASTM E162–87, ‘‘Standard parative strength of the proposed con-
Test Method for Surface Flammability struction and a traditionally accepted
of Materials Using a Radiant Heat En- in-mine control. The publication
ergy Source.’’ This publication is in- ASTM E72–80, ‘‘Standard Methods of
corporated by reference and may be in- Conducting Strength Tests of Panels
spected at any MSHA Coal Mine Safety for Building Construction,’’ is incor-
and Health District Office, or at porated by reference and may be in-
MSHA’s Office of Standards, Regula- spected at any MSHA Coal Mine Safety
tions, and Variances, 201 12th Street and Health District Office, or at
South, Arlington, VA 22202–5452; 202– MSHA’s Office of Standards, Regula-
693–9440; and at the National Archives tions, and Variances, 201 12th Street
and Records Administration (NARA). South, Arlington, VA 22202–5452; 202–
For information on the availability of 693–9440; and at the National Archives
this material at NARA, call 202–741– and Records Administration (NARA).
6030, or go to: http://www.archives.gov/ For information on the availability of
federallregister/ this material at NARA, call 202–741–
codeloflfederallregulations/ 6030, or go to: http://www.archives.gov/
ibrllocations.html. In addition, copies federallregister/

of the document can be purchased from codeloflfederallregulations/
528
ibrllocations.html. In addition, copies ration by reference was approved by

of the document can be purchased from the Director of the Federal Register in
the American Society for Testing and accordance with 5 U.S.C. 552(a) and 1
Materials (ASTM), 100 Barr Harbor CFR part 51.
Drive, P.O. Box C700, West (4) In anthracite mines, doors and
Conshohocken, PA 19428–2959; 610–832– regulators may be constructed of over-
9500; http://www.astm.org. This incorpo- lapping layers of hardwood boards, if
ration by reference was approved by the doors, door frames, and regulators
the Director of the Federal Register in
are a minimum 2 inches thick.
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. (f) When sealants are applied to ven-
(ii) All overcasts, undercasts, shaft tilation controls, the sealant shall
partitions, permanent stoppings, and have a flame-spread index of 25 or less
regulators, installed after November 15, under ASTM E162–87, ‘‘Standard Test
1992, shall be constructed of non- Method for Surface Flammability of
combustible material. Materials that Materials Using a Radiant Heat Energy
are suitable for the construction of Source.’’ This publication is incor-
overcasts, undercasts, shaft partitions, porated by reference and may be in-
permanent stoppings, and regulators spected at any MSHA Coal Mine Safety
include concrete, concrete block, brick, and Health District Office, or at
cinder block, tile, or steel. No ventila- MSHA’s Office of Standards, Regula-
tion controls installed after November tions, and Variances, 201 12th Street
15, 1992, shall be constructed of alu- South, Arlington, VA 22202–5452; 202–
minum. 693–9440; and at the National Archives
(2) In anthracite mines, permanent and Records Administration (NARA).
stoppings may be constructed of over- For information on the availability of
lapping layers of hardwood mine
this material at NARA, call 202–741–
boards, if the stoppings are a minimum
6030, or go to: http://www.archives.gov/
2 inches thick.
(3) When timbers are used to create federallregister/
permanent stoppings in heaving or cav- codeloflfederallregulations/
ing areas, the stoppings shall be coated ibrllocations.html. In addition, copies
on all accessible surfaces with a flame- of the document can be purchased from
retardant material having a flame- the American Society for Testing and
spread index of 25 or less, as tested Materials (ASTM), 100 Barr Harbor
under ASTM E162–87, ‘‘Standard Test Drive, P.O. Box C700, West
Method for Surface Flammability of Conshohocken, PA 19428–2959; 610–832–
Materials Using a Radiant Heat Energy 9500; http://www.astm.org. This incorpo-
Source.’’ This publication is incor- ration by reference was approved by
porated by reference and may be in- the Director of the Federal Register in
spected at any MSHA Coal Mine Safety accordance with 5 U.S.C. 552(a) and 1
and Health District Office, or at CFR part 51.

CFR 2020 Title30 Vol1 Chapi

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Title 30—Mineral

CHAPTER I—Mine Safety and Health Administration, De-

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

SUBCHAPTER A—OFFICIAL EMBLEM AND OMB CONTROL NUMBERS FOR

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

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

SUBCHAPTER G—FILING AND OTHER ADMINISTRATIVE REQUIREMENTS

40 Representative of miners ........................................ 203

46 Training and retraining of miners engaged in shell

50 Notification, investigation, reports and records of

SUBCHAPTER K—METAL AND NONMETAL MINE SAFETY AND HEALTH

56 Safety and health standards—surface metal and

SUBCHAPTER M—UNIFORM MINE HEALTH REGULATIONS

62 Occupational noise exposure ................................... 444

SUBCHAPTER O—COAL MINE SAFETY AND HEALTH

70 Mandatory health standards—underground coal

100 Criteria and procedures for proposed assessment of

104 Pattern of violations ............................................... 761

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

§ 3.1 OMB control numbers.

7.4 ............................................................ 1219–0066

TABLE 1—OMB CONTROL NUMBERS— TABLE 1—OMB CONTROL NUMBERS—

7.23 .......................................................... 1219–0066 41.20 ........................................................ 1219–0042

40.3 .......................................................... 1219–0042 57.5040 .................................................... 1219–0003

TABLE 1—OMB CONTROL NUMBERS— TABLE 1—OMB CONTROL NUMBERS—

57.5065 .................................................... 1219–0135 75.215 ...................................................... 1219–0004

75.160 ...................................................... 1219–0127 75.1716–3 ................................................ 1219–0020

TABLE 1—OMB CONTROL NUMBERS— TABLE 1—OMB CONTROL NUMBERS—

75.1904 .................................................... 1219–0119 77.1000–1 ................................................ 1219–0026

PART 5—FEES FOR TESTING, EVAL- (iv) Information Technology and

equipment maintenance, and supplies on completion of an initial administra-

(ii) MSHA will concurrently prepare PART 6—TESTING AND EVALUA-

Approval holder. An applicant whose (3) Identification of components or

(2) Can be modified to provide at be inspected at the U.S. Department of

7.49 Approval marking.

Subpart F—Diesel Power Packages In- AUTHORITY: 30 U.S.C. 957.

7.307 Static pressure test.

Approval. A document issued by sent to: U.S. Department of Labor,

(2) A brief description of the proposed turer’s specifications, using calibration

(2) Creates a hazard when used in a equivalency determinations applicable

that share leads (electric conductors) on the number of grams in a length of

Denier. A unit of yarn size indicating ample, fiberglass, plastic, or poly-

§ 7.29 Approval marking. partment, if any, of a battery assem-

1,000 lbs. maximum ............... 10 gauge or 1⁄8″ nominal

Weight of battery unit Minimum required thickness

(d) Method of cell terminations. testing, condition the samples at 73.4

combined into one or more composite

(c) The application shall contain a (1) Provide a secure, low-resistance

maximum temperature of any electric (i) Capacitor discharge. The blasting

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

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

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

power is delivered, as specified by the (12) Aftercooler, if applicable;

percent, by volume, of methane (CH4) ±0.59 inches Hg (2kPa) respectively, of

(ii) Flowmeters—FL1, FL2, FL3, and (xii) Temperature Sensor—(T1); and

system shall be sufficient to maintain centerline, and approximately 10 dilu-

multiplied by the square root of eight paragraphs (c)(18)(iii) or (c)(18)(iv) of

% Torque 100 75 50 10 100 75 50 0

E = 1.0 + (R)(H ¥ 75) + (G)(TI ¥ 77)

% Torque 100 75 50 10 100 75 50 0

(B) Determination of weighted par-

(C) Determination of particulate average of the test modes shall be cal-

( PT gr /hr )(1000 mg /gr )(1 hr /60 min )(35.31 ft 3 /m 3 )