SAFETY LAWS
    OF
    PENNSYLVANI
    FOR
    A
    UNDERGROUND BITUMINOUS
    COAL MINES
    Act 55, SB 949 Session of 2008
    Compiled by the
    DEPARTMENT OF
    ENVIRONMENTAL PROTECTION
    Editor’s Note:
    This book is an unofficial compilation of the Mine Safety
    Laws of the Commonwealth of Pennsylvania. It has been prepared for the
    convenience of Commonwealth employees. It is not to be taken as the
    official text. The official
    text can be found in Title 52 of Purden’s
    Pennsylvania Statutes Annotated.
    Effective Date January 3, 2009
    2
    nd
    Printing (2/3/2009)

    - i -
    TABLE OF CONTENTS
    Page
    Chapter 1.
    P
    RELIMINARY PROVISIONS
    ......................... 1
    Section 101. Short title. ............................................... 1
    Section 102. Application.............................................. 1
    Section 103. Findings and purpose. ............................ 1
    Section 104. Definitions............................................... 4
    Section 105. Powers and duties of department. ........ 12
    Section 106. Board of Coal Mine Safety.................... 15
    Section 106.1. Rulemaking........................................... 18
    Section 106.2. Emergency shelters and chambers. ..... 21
    Section 106.3. Notice to operators and miners............. 23
    Section 106.4. Standards for surface facilities.............. 23
    Section 106.5. Track distance. ..................................... 24
    Section 107. Safety issues. ....................................... 24
    Section 108. Inspections. .......................................... 25
    Section 109. Accidents.............................................. 26
    Section 110. Mine officials' certification. .................... 29
    Section 111. Classification of mines as gassy........... 30
    Section 112. Reports................................................. 30
    Section 113. Mine rescue program............................ 32
    Section 114. Direction of mine rescue work. ............. 33
    Section 115. Recovery of funds................................. 33
    Section 116. Mine Safety Fund. ................................ 33
    Section 117. Bituminous mine inspector. .................. 34
    Section 118. Bituminous mine electrical inspector. ... 34
    Section 119. Availability of mine maps. ..................... 35

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    Section 120. Mine map repository. ............................ 36
    Section 121. Applicability........................................... 36
    Chapter 2.
    G
    ENERAL REQUIREMENTS FOR
    UNDERGROUND BITUMINOUS MINES
    ......... 36
    Section 201. General safety requirements. ............... 36
    Section 202. Qualifications for certification................ 38
    Section 203. Emergency use of mine examiner as
    assistant mine foreman. ....................... 41
    Section 204. Certification of miners........................... 42
    Section 205. Qualifications for certification as miners. ... 43
    Section 206. Issuance of miners' certificates............. 43
    Section 207. Certification of mining machine operators
    and shot-firers. ..................................... 43
    Section 208. Employment of mine foremen............... 44
    Section 209. Employment of mine electricians. ......... 45
    Section 210. Employment of assistant mine foremen.
    ............................................................. 45
    Section 211. Ventilation responsibilities of mine
    foreman................................................ 46
    Section 212. Mine foreman's responsibility for working
    place safety. ......................................... 51
    Section 213. Mine foreman's responsibilities for
    blasting................................................. 53
    Section 214. Mine foreman's responsibilities for
    drainage. .............................................. 54
    Section 215. Mine foreman's responsibility for
    employment of competent persons....... 55

    - iii -
    Section 216. Mine foreman's responsibilities for
    inspections and reports. ....................... 56
    Section 217. Employment of mine examiners. .......... 58
    Section 218. Preshift examination at fixed intervals. . 58
    Section 218.1. Supplemental examination. .................. 65
    Section 219. Management of mine............................ 66
    Section 220. Duties of superintendent....................... 66
    Section 221. Qualifications and general responsibility
    of superintendent.................................. 67
    Section 222. Danger signs. ....................................... 68
    Section 223. Supply of record books......................... 68
    Section 224. Mapping requirements and surveying
    standards.............................................. 69
    Section 225. Availability of copy of map. ................... 73
    Section 226. Excavations on map. ............................ 73
    Section 227. Furnishing copies of maps.................... 74
    Section 228. Duties upon abandonment of mine....... 74
    Section 229. Survey by department. ......................... 75
    Section 230. Ventilation requirements....................... 75
    Section 231. Crosscuts and stoppings. ..................... 83
    Section 232. Overcasts and undercasts.................... 85
    Section 233. Line brattice.......................................... 86
    Section 234. Auxiliary blowers and fans.................... 87
    Section 235. Unused and abandoned parts of mines.88
    Section 236. Sewage dumping prohibited. ................ 88
    Section 237. Fans. .................................................... 88
    Section 238. Measurement of methane..................... 90

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    Section 239. Control of coal dust and rock dusting. .. 90
    Section 240. Instruction of employees and examination
    of working areas. .................................. 92
    Section 241. Roof support......................................... 93
    Section 242. Authorized explosives........................... 94
    Section 243. (Reserved)............................................ 94
    Section 244. Underground storage of explosives. ..... 94
    Section 245. Preparation of shots, blasting practices
    and multiple shooting............................ 95
    Section 246. Transportation of explosives................. 97
    Section 247. Electrical shot-firing. ............................. 98
    Section 248. General shot-firing rules. ...................... 98
    Section 249. Hoisting equipment and operations. ..... 99
    Section 250. Bottom person. ................................... 104
    Section 251. Number of individuals to be hoisted.... 105
    Section 252. Top person. ........................................ 105
    Section 253. Use of competent hoist operators....... 107
    Section 254. Clearances and shelter holes. ............ 108
    Section 255. Underground haulage equipment. ...... 109
    Section 256. Operation of haulage equipment. ....... 109
    Section 257. Trip rider and bottom individual on
    rope haulage....................................... 111
    Section 258. Transportation of individuals............... 112
    Section 259. Conveyor belts and conveyor equipment.
    ........................................................... 113
    Section 260. Blowtorches and fuel. ......................... 114
    Section 261. Oxygen and gas containers. ............... 114
    Section 262. Transportation of oxygen and gas. ..... 115

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    Section 263. Storage of oxygen and gas................. 115
    Section 264. Use of oxygen and gas. ...................... 116
    Section 265. Duties of individuals subject to this act.
    ........................................................... 119
    Section 266. Protective clothing. ............................. 119
    Section 267. Checking systems............................... 120
    Section 268. Prohibitions regarding endangering
    security of mine. ................................. 121
    Section 269. Responsibility for care and maintenance
    of equipment....................................... 122
    Section 270. Control of dust and other inhalation
    hazards............................................... 122
    Section 271. Safeguards for mechanical equipment.
    ........................................................... 122
    Section 272. First aid equipment. ............................ 123
    Section 273. Fire protection..................................... 123
    Section 274. Mine openings or outlets..................... 135
    Section 275. Mining close to abandoned workings.. 139
    Section 276. Lubrication and storage of flammable
    lubricants. ........................................... 140
    Section 277. Approved lighting and gas detection
    devices in mines. ................................ 141
    Section 278. Unauthorized entry into mine.............. 142
    Section 279. Passing by or removing danger signs. 142
    Section 280. Miners to remain in work areas........... 142
    Section 281. Sealing openings. ............................... 142
    Section 282. Ladders in mines. ............................... 143

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    Section 283. Inside structures to be of
    incombustible materials. ..................... 143
    Section 284. Washhouses....................................... 143
    Chapter 3.
    E
    LECTRICAL EQUIPMENT
    ........................ 144
    Section 301. Duties of mine foreman and
    superintendent.................................... 144
    Section 302. Definitions........................................... 144
    Section 303. Plan of electrical system. .................... 149
    Section 304. Protection against shock..................... 150
    Section 305. Restoration from shock....................... 150
    Section 306. Report of defective equipment............ 151
    Section 307. Damage or alteration to mine
    electrical system. ................................ 151
    Section 308. Capacity.............................................. 151
    Section 309. Joints in conductors. ........................... 152
    Section 310. Cables entering fittings. ...................... 152
    Section 311. Switches, fuses and circuit breakers... 152
    Section 312. Lightning protection. ........................... 153
    Section 313. Underground power supply................. 153
    Section 314. Storage battery equipment. ................ 161
    Section 315. (Reserved).......................................... 162
    Section 316. Electrical equipment. .......................... 162
    Section 317. Inspection of equipment...................... 167
    Section 318. Stationary motors................................ 168
    Section 319. Underground electrical installations. ... 168
    Section 320. Underground illumination.................... 170
    Section 321. Telephones and signaling................... 171

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    Section 322. Grounding........................................... 172
    Section 323. Voltage limitation. ............................... 173
    Section 324. Incoming feeder-disconnect switches. 173
    Section 325. Bonding. ............................................. 173
    Section 326. Trolley installation. .............................. 174
    Section 327. Connections to trolley. ........................ 174
    Section 328. Guarding............................................. 175
    Section 329. Locomotives........................................ 175
    Section 330. Outdoor substation. ............................ 176
    Section 331. High-voltage underground
    transmission system. .......................... 178
    Section 332. Load center......................................... 182
    Section 333. Distribution centers. ............................ 184
    Section 334. Mandatory safety components of
    electrical equipment............................ 185
    Section 335. High-voltage longwalls........................ 187
    Section 336. Longwall electrical protection.............. 187
    Section 337. Longwall disconnect switches............. 190
    Section 338. Guarding of longwall cables................ 192
    Section 339. Longwall cable-handling and support
    systems. ............................................. 192
    Section 340. Use of longwall insulated cable handling
    equipment........................................... 192
    Section 341. Maintenance. ...................................... 193
    Section 342. High-voltage longwall mining systems.193
    Section 343. Longwall electrical work...................... 196
    Section 344. Testing, examination and maintenance of
    longwall equipment............................. 199

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    Section 345. (Reserved).......................................... 200
    Section 346. (Reserved).......................................... 200
    Section 347. (Reserved).......................................... 200
    Section 348. (Reserved).......................................... 200
    Section 349. (Reserved).......................................... 200
    Section 350. Equipment approvals. ......................... 200
    Chapter 4.
    D
    IESEL-POWERED EQUIPMENT
    ............... 206
    Section 401. Underground use. ............................... 206
    Section 402. Diesel-powered equipment package... 207
    Section 403. Exhaust emissions control. ................. 207
    Section 404. Ventilation........................................... 211
    Section 405. Fuel storage facilities. ......................... 212
    Section 406. Transfer of diesel fuel. ........................ 214
    Section 407. Containers. ......................................... 216
    Section 408. Fire suppression for equipment and
    transportation...................................... 219
    Section 409. Fire suppression for storage areas. .... 221
    Section 410. Use of certain starting aids prohibited. 223
    Section 411. Fueling................................................ 223
    Section 412. Fire and safety training. ...................... 224
    Section 413. Maintenance. ...................................... 225
    Section 414. Records............................................... 226
    Section 415. Duties of equipment operator.............. 227
    Section 416. Schedule of maintenance.................... 229
    Section 417. Emissions monitoring and control. ...... 231
    Section 418. Diagnostic testing................................ 233
    Section 419. Exhaust gas monitoring and control.... 235

    - ix -
    Section 420. Training and general requirements. .... 237
    Section 421. Equipment-specific training. ................ 240
    Section 422. Diesel mechanic training. .................... 241
    Section 423. Operation of diesel-powered equipment.
    ............................................................ 244
    Section 424. Technical advisory committee............. 245
    Chapter 5.
    E
    NFORCEMENT AND REMEDIES
    ............... 252
    Section 501. Enforcement orders and duty to
    comply. ............................................... 252
    Section 502. Restraining violations. ......................... 252
    Section 503. Administrative penalties. ..................... 253
    Section
    503.1. Process for assessing administrative
    penalties. ............................................ 255
    Section 504. Unlawful conduct................................. 257
    Section 505. Criminal penalties................................ 259
    Section 506. Inspections.......................................... 259
    Section 507. Intervention. ........................................ 260
    Section 508. Limitation of action. ............................. 260
    Section 509. Relation to permit................................ 261
    Section 510. Certification actions............................. 261
    Section 511. Withdrawal of certification. .................. 263
    Chapter 6.
    E
    MERGENCY MEDICAL PERSONNEL
    ......... 263
    Section 601. Definitions. .......................................... 263
    Section 602. Emergency medical personnel............ 264
    Section 603. Regulations for training and certification.
    ............................................................ 265
    Section 604. First aid training of mine employees.... 265

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    Section 605. Continuing training. ............................. 265
    Section 606. Regulations. ........................................ 266
    Section 607. Certification. ........................................ 266
    Section 608. Liability. ............................................... 266
    Section 609. Equivalent training............................... 267
    Chapter 7.
    S
    AFETY ZONES
    ...................................... 267
    Section 701. Establishment. .................................... 267
    Section 702. Written authorization. .......................... 268
    Section 703. Pillar recovery. .................................... 268
    Section 704. Proof of rock cover.............................. 269
    Section 705. Verification. ......................................... 269
    Section 706. Approval or disapproval of plans......... 269
    Section 707. Notice.................................................. 270
    Section 708. Entombed workmen. ........................... 270
    Chapter 31.
    M
    ISCELLANEOUS PROVISIONS
    ................. 270
    Section 3101. Repeals............................................... 270
    Section 3102. Effective date. ..................................... 272

    - 1 -
    The General Assembly of the Commonwealth of
    Pennsylvania hereby enacts as follows:
    CHAPTER 1
    PRELIMINARY PROVISIONS
    Section 101. Short title.
    This act shall be known and may be cited as the
    Bituminous Coal Mine Safety Act.
    Section 102. Application.
    This act shall apply to all underground bituminous
    coal mines in this Commonwealth, including all of the
    following:
    (1) The construction, operation, maintenance and
    sealing of underground bituminous coal mines.
    (2) The operators of underground bituminous coal
    mines.
    (3) All individuals at underground bituminous coal
    mines.
    Section 103. Findings and purpose.
    (a) Findings.--The General Assembly finds that it is in
    the public interest to establish a comprehensive scheme
    to protect the lives, health and safety of those who work
    at mines in this Commonwealth. This comprehensive
    scheme shall address all of the following:
    (1) The first priority and concern of all in the
    bituminous coal mining industry must be the health and

    - 2 -
    safety of those who work in and at mines and others in
    and about mines.
    (2) Deaths and injuries from unsafe and unhealthful
    conditions and practices at underground bituminous coal
    mines cause grief and suffering to miners and their
    families.
    (3) The efforts of mine operators, miners and the
    Commonwealth, through the Department of
    Environmental Protection, have over time significantly
    reduced the occurrence of deaths and injuries in the
    underground bituminous coal mining industry. This
    reduction in deaths and injuries is due, in part, to the
    safety standards under the act of July 17, 1961
    (P.L.659, No.339), known as the Pennsylvania
    Bituminous Coal Mine Act, and the grant of authority to
    the department to approve underground bituminous coal
    mining activity and equipment.
    (4) The Pennsylvania Bituminous Coal Mine Act is
    becoming outdated and lacks an effective mechanism to
    modify existing standards and to adopt new standards.
    (5) The Commonwealth must maintain a strong,
    independent mine safety program.
    (6) The operators at underground bituminous coal
    mines, with the assistance of certified miners and mine
    officials, have the primary responsibility to prevent the
    existence of unsafe and unhealthful conditions at
    underground bituminous coal mines.
    (7) Underground bituminous coal mining is highly
    specialized, technical and complex, and requires

    - 3 -
    frequent review, refinement and improvement of
    standards to protect the health and safety of miners.
    (8) The formulation of appropriate rules and
    practices to improve health and safety and to provide
    increased protection of miners can be accomplished
    more effectively by individuals who have experience and
    expertise in underground bituminous coal mining and
    underground bituminous coal mine health and safety.
    (9) Mine safety is enhanced through a rigorous
    program for training and certifying individuals to work at
    mines in this Commonwealth.
    (10) It is imperative that the department have the
    capability to coordinate and assist rescue operations in
    response to accidents at underground bituminous coal
    mines.
    (11) It is in the public interest to encourage the
    underground bituminous coal mining industry to
    establish, maintain and support mine rescue teams and
    other emergency response capabilities.
    (b) Purpose.--It is the purpose of this act to do all of
    the following:
    (1) To use the full extent of the Commonwealth's
    powers to protect the lives, health and safety of miners
    and others in and about underground bituminous coal
    mines.
    (2) To establish and promulgate improved
    mandatory health and safety standards to protect the
    health and safety of miners and others in and about
    underground coal mines in this Commonwealth.

    - 4 -
    (3) To establish a rulemaking process that enables
    the expeditious updating of the interim mandatory health
    and safety standards established under this act and to
    otherwise protect the health, safety and welfare of
    miners and others in and about mines.
    (4) To require that operators at underground
    bituminous coal mines and every individual at every
    mine comply with these standards.
    (5) To improve and expand research, development
    and training programs aimed at preventing underground
    bituminous coal mine accidents and occupationally
    caused diseases in the industry.
    (6) To enable the Commonwealth to respond as
    necessary and appropriate to accidents and other
    emergencies at underground bituminous coal mines.
    Section 104. Definitions.
    The following words and phrases when used in this
    act shall have the meanings given to them in this section
    unless the context clearly indicates otherwise:
    "Abandoned workings." Excavations, either caved or
    sealed, that are deserted and in which further mining is
    not intended.
    "Accident." An unanticipated event, including any of
    the following:
    (1) A death of an individual at a mine.
    (2) An injury to an individual at a mine, which has a
    reasonable potential to cause death.

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    (3) An entrapment of an individual at a mine which
    has a reasonable potential to cause death or serious
    injury.
    (4) An unplanned inundation of a mine by a liquid or
    gas.
    (5) An unplanned ignition or explosion of gas or
    dust.
    (6) An unplanned mine fire not extinguished within
    ten minutes of discovery.
    (7) An unplanned ignition or explosion of a blasting
    agent or an explosive.
    (8) An unplanned roof fall at or above the
    anchorage zone in active workings where roof bolts are
    in use.
    (9) An unplanned roof or rib fall in active workings
    that impairs ventilation or impedes passage.
    (10) A coal or rock outburst that causes withdrawal
    of miners or which disrupts regular mining activity for
    more than one hour.
    (11) An unstable condition at an impoundment or
    refuse pile which does any of the following:
    (i) Requires emergency action in order to prevent
    failure.
    (ii) Causes individuals to evacuate an area.
    (12) Failure of an impoundment or refuse pile.

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    (13) Damage to hoisting equipment in a shaft or
    slope which endangers an individual or which interferes
    with use of the equipment for more than 30 minutes.
    (14) An event at a mine which causes death or
    bodily injury to an individual not at the mine at the time
    the event occurs.
    "Active workings." All areas in a mine that are not
    sealed and which must be ventilated and examined
    under this act.
    "Advisory committee." The Technical Advisory
    Committee on Diesel-Powered Equipment.
    "Approval." A written document, issued by the
    Department of Environmental Protection, which states
    that a technology, material, machinery, tool, process,
    plan, device, equipment, facility, method, supply,
    accessory or other item meets the requirements of this
    act or of regulations promulgated under this act.
    "Board." The Board of Coal Mine Safety.
    "Certified individual." An individual who is qualified
    under the provisions of this act and who holds a
    certificate from the Department of Environmental
    Protection to perform a particular duty in connection with
    the operation at a mine. The term includes all of the
    following:
    (1) Mine foreman.
    (2) Assistant mine foreman.
    (3) Mine examiner.
    (4) Mine electrician.

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    (5) Machine runner.
    (6) Shot-firer.
    (7) Miner.
    "Check survey." The term shall have the same
    meaning as closed-loop survey.
    "Closed-loop survey." The method of establishing the
    accuracy of a mine survey by conducting a loop traverse
    to the point of beginning or to a known point of another
    closed-loop survey. The term does not include a double
    angle, double distance survey unless that method is
    used to complete a closed-loop survey.
    "Coal-producing shift." A shift primarily intended for
    coal production rather than for purposes of construction,
    maintenance and housekeeping even though some coal
    production may be incident to such purposes.
    "Department." The Department of Environmental
    Protection of the Commonwealth.
    "DPEP." Diesel-powered equipment package.
    "Face." The solid coal at the inby end of a working
    place.
    "Inactive workings." All portions of a mine in which
    operations have been suspended for an indefinite
    period, but have not been abandoned.
    "Interim mandatory safety standards." The safety
    standards under Chapters 2 and 3.
    "Lateral and face take-ups." The individual
    measurements left and right of the entry center line used
    to depict the physical location of the coal ribs and pillars.

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    The lateral take-ups define the intersections, pillars'
    corners and the significant variations in all excavations.
    The face take-ups define the limits of mining in all face
    areas in advance of the last station spad. Face take-ups
    and lateral take-ups in the face area are not to exceed a
    distance greater than 300 feet from the last survey
    station spad.
    "Lost-time injury." When an individual is unable to
    report for work at the individual's regularly scheduled job
    on the individual's next regularly scheduled work shift
    due to a work-related injury.
    "Mine." The shafts, slopes or drifts of an underground
    bituminous coal mine, either under construction, in use
    or abandoned, connected with excavations penetrating
    or intended to penetrate coal stratum or strata, which
    excavations are or were ventilated by air currents and
    connected by a method of transportation over which
    coal may be or was delivered to one or more points
    outside the mine. The term shall not include any surface
    coal mine.
    "Mine examiner." An individual designated by the
    mine foreman or superintendent to examine a mine for
    gas and other dangers. The term shall include the title
    "fire boss."
    "Mine foreman." An individual appointed by an
    operator or superintendent to be in charge of all of the
    following:
    (1) The inside workings of a mine.
    (2) An individual in a mine.

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    (3) A visitor to the inside of a mine, except for
    Federal and State Government representatives, mine
    inspectors and other representatives.
    "Mine official." Any of the following:
    (1) Superintendent.
    (2) Mine foreman.
    (3) Assistant mine foreman.
    (4) Mine examiner.
    (5) Mine electrician.
    "Miner." An individual who is certified by the
    Department of Environmental Protection to work in an
    underground mine.
    "MSHA." The Mine Safety and Health Administration
    within the United States Department of Labor.
    "NIOSH." The National Institute for Occupational
    Safety and Health within the United States Department
    of Health and Human Services.
    "Operator." An owner, lessee or other person who
    operates, controls or supervises a coal mine.
    "Permissible explosives." Explosives approved for use
    in mines by the Mine Safety and Health Administration,
    the National Institute for Occupational Safety and Health
    or their predecessor agencies, notwithstanding the date
    of the approval.
    "Permit boundary." The limits of the mine as
    established by the coal mine activity permit issued under
    the act of April 27, 1966 (1st Sp. Sess., P.L.31, No.1),

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    known as The Bituminous Mine Subsidence and Land
    Conservation Act.
    "Person." Any individual, partnership, association,
    corporation, firm, subsidiary of a corporation or other
    organization.
    "Pointer spads." Additional spads set in the roof to
    indicate the line of direction or bearing for future
    excavations. Pointer spads may or may not be
    referenced in the field notes. Pointer spads are not
    considered a permanent record because they only
    indicate direction.
    "Representative of the miners." A miner employed at
    the mine who is authorized by a vote of two or more
    miners working at the same mine to perform the duties
    specified in this act.
    "Return air." Air that has ventilated the last working
    place on any split of any working section or any worked-
    out area whether pillared or nonpillared. The term shall
    include all of the following:
    (1) Air that mixes with air that has ventilated the last
    working place on any split of any working section or any
    worked-out area, whether pillared or non-pillared.
    (2) Any air that has passed or ventilated seal areas.
    "Secretary." The Secretary of Environmental
    Protection of the Commonwealth or the designee of the
    secretary.
    "Shaft." A vertical opening through the strata that is or
    may be used for the purpose of ventilation or drainage
    or for hoisting men or material, or both, in connection

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    with the mining of coal or for other purposes related to
    mining.
    "Slope and drift." An incline or opening used for the
    same purpose as a shaft.
    "Spad." A flat spike, firmly anchored in a hole drilled
    into the mine ceiling from which is threaded a plumbline.
    "Superintendent." An individual appointed by an
    operator to manage a mine.
    "Survey line." A representation of the line of survey
    from survey station spad to survey station spad as
    shown on the official mine map.
    "Survey station spad." A permanent spad set in the
    roof that has a unique identification number or
    designation.
    "Underground bituminous coal mine." A mine and the
    surface facilities that are physically connected to a mine,
    including preparation plants and loadouts at a mine, in
    this Commonwealth and not included in anthracite
    boundaries.
    "Ventilation apparatus." All equipment, materials and
    devices used to establish, provide or support movement
    of air through a mine.
    "Work area." Any place at a mine where work is being
    performed. The term shall not include areas where
    individuals are making examinations required under this
    act.
    "Working place." The area in a mine from the last
    open crosscut to and including the face.

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    "Working section." The area in a mine from the face
    extending back 1,000 feet.
    "Year of experience." For the purposes of issuing
    certifications under this act, the term shall mean working
    240 eight-hour days or the hourly equivalent within a 12-
    month period beginning with the first day of employment
    in a mine.
    Section 105. Powers and duties of department.
    The department shall have the power and duty to
    administer a mine safety program for individuals
    employed at mines. The department has the power and
    duty to do all of the following:
    (1) Make inspections of public or private property as
    are necessary or useful in determining compliance with
    the provisions of this act, the rules and regulations
    promulgated under this act and any order, approval or
    permit issued by the department. The inspections may
    include examining or copying any documents required
    by this act.
    (2) Conduct investigations and interviews of
    individuals at a mine or elsewhere.
    (3) Issue orders to implement and enforce the
    provisions of this act.
    (4) Institute proceedings and actions to implement
    the provisions and effectuate the purposes of this act,
    including suits seeking equitable relief or declaratory
    judgments and suits to recover costs incurred by the
    department.

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    (5) Institute prosecutions against the operator or his
    agent for a violation of any provision of this act.
    (6) Determine whether an individual is qualified to
    carry out a particular function or duty at a mine and to
    issue appropriate certification.
    (7) Disqualify an individual whose conduct poses a
    threat to the health and safety of those who work at
    mines or who interfere with the safe operation of any
    mine.
    (8) Review and take appropriate action concerning
    safety of miners and individuals in and about mines on
    all permit applications submitted to the department.
    (9) Receive and act upon complaints.
    (10) Conduct, review and, if funds are allocated for
    such purposes, commission scientific and other
    research directed to the purposes of this act.
    (11) Approve electrical equipment, machinery,
    materials, methods and plans to be used at mines in this
    Commonwealth.
    (12) Approve, on a mine-specific basis, the use of
    new technology, methods, materials, machinery,
    equipment, systems, tools, devices, processes and
    plans different from those required or authorized under
    the provisions of this act or the regulations promulgated
    under this act. The department may only make
    approvals under this paragraph, if the approval meets or
    exceeds the protections afforded under this act or the
    regulations promulgated under this act. Approvals under
    this paragraph shall have no precedent effect. All

    - 14 -
    approvals in effect as of the effective date of this
    paragraph shall remain in effect unless suspended,
    modified or revoked by the department.
    (13) Respond to, coordinate and assist responses
    to mine accidents and other emergencies.
    (14) Establish a mine map repository.
    (15) Serve as the agency of the Commonwealth for
    the receipt of funds from the Federal Government or
    other public agencies and expend the funds for studies
    and research with respect to and for the enforcement
    and administration of the purposes and provisions of this
    act and the regulations promulgated under this act.
    (16) Assess civil penalties.
    (17) Encourage and promote industry-based mine
    rescue capabilities.
    (18) Provide training for department personnel and
    individuals who work in, or who wish to work in, the
    mining industry.
    (19) Administer, deposit and expend funds from the
    Mine Safety Fund.
    (20) Prepare and distribute to operators a mine
    operator's questionnaire form.
    (21) Perform any act not inconsistent with any
    provision of this act, which it may deem necessary or
    proper for the effective administration or enforcement of
    this act and the rules or regulations promulgated under
    this act.

    - 15 -
    Section 106. Board of Coal Mine Safety
    (a) Establishment.--The Board of Coal Mine Safety is
    established and shall develop all of the following:
    (1) Proposed amendments to the interim mandatory
    safety standards.
    (2) Additional regulations with respect to mine
    safety if the board determines that existing federal and
    state regulations do not adequately address a specific
    hazard.
    (3) Other regulations as specifically authorized
    under this act.
    (b) Composition.--The board shall consist of the
    secretary, who shall be the chairperson, and the
    following members appointed by the Governor:
    (1) Three members who represent the viewpoint of
    the coal mine operators in this Commonwealth.
    (2) Three members who represent the viewpoint of
    the working miners in this Commonwealth.
    (c) Terms.--All appointments shall be subject to the
    following:
    (1) The initial appointments after the effective date
    of this section shall have staggered terms so that, for
    each group of appointments under subsection (b), one
    member shall serve a term of one year, one member
    shall serve a term of two years and one member shall
    serve a term of three years. All subsequent
    appointments shall be for terms of three years.
    (2) Members shall be eligible for reappointment.

    - 16 -
    (d) Representation.--For the initial appointments after
    the effective date of this section, the following shall
    apply:
    (1) The members appointed under subsection (b)(1)
    shall be selected from a list containing six nominees
    submitted by the major trade association representing
    coal mine operators in this Commonwealth.
    (2) The members appointed under subsection (b)(2)
    shall be selected from a list containing six nominees
    submitted by the highest-ranking official within the major
    labor organization representing coal miners in this
    Commonwealth.
    (e) Vacancies.--The following shall apply to vacancies
    on the board:
    (1) The members appointed under subsection (b)(1)
    shall be selected from a list containing three nominees
    submitted by the major trade association representing
    coal mine operators in this Commonwealth.
    (2) The members appointed under subsection (b)(2)
    shall be selected from a list containing three nominees
    submitted by the highest-ranking official within the major
    labor organization representing coal miners in this
    Commonwealth.
    (f) Employment.--Members of the board may continue
    in employment in the coal industry while serving on the
    board.
    (g) Service.--Members shall serve at the pleasure of
    the Governor.

    - 17 -
    (h) Compensation.--Members of the board shall be
    compensated at the appropriate per diem rate based on
    the prevailing formula administered by the
    Commonwealth, but not less than $150 per day, plus
    reasonable expenses incurred while performing their
    official duties. The compensation shall be adjusted
    annually by the department to account for inflation
    based on the Consumer Price Index published by the
    United States Department of Labor. An individual board
    member may waive his or her right to all or part of the
    compensation.
    (i) Meetings.--The board shall meet within 180 days of
    the effective date of this section for, at a minimum,
    organizational purposes. Members of the board shall
    meet at least twice during each calendar year or more
    often as may be necessary.
    (j) Access.--In performing its functions, the board shall
    have access to the services of the department. The
    department shall make clerical support and assistance
    available to enable the board to carry out its duties.
    (k) Funding.--Funding for the operation of the board
    and implementation of the provisions of this chapter
    shall be derived from the general government
    appropriation of the department.
    (l) Nominations.--If a vacancy on the board occurs,
    nominations and appointments shall be made in the
    following manner:
    (1) In the case of an appointment to fill a vacancy, a
    list of nominees under subsection (e) shall be requested
    by and submitted to the Governor within 30 days after

    - 18 -
    the vacancy occurs by the major trade association or
    major labor organization which nominated the individual
    whose seat on the board is vacant.
    (2) The vacancy shall be filled by the Governor
    within 30 days of the receipt of the list of nominees.
    (m) Quorum.--A quorum of the board shall consist of
    five members. Actions of the board must be approved
    by an affirmative vote of at least five members.
    Section 106.1. Rulemaking.
    (a) Authority.--The board shall have the authority to
    promulgate regulations that are necessary or
    appropriate to implement the requirements of this act
    and to protect the health, safety and welfare of miners
    and other individuals in and about mines.
    (b) Consideration.--The board shall consider
    promulgating as regulations any Federal mine safety
    standards that are either:
    (1) Existing as of the effective date of this section
    and that are not included in interim mandatory safety
    standards.
    (2) New standards, except for standards concerning
    diesel equipment, promulgated after the effective date of
    this section.
    (c) Regulations.--Within 250 days of the effective date
    of this section, the board shall begin to consider the
    standards under subsection (b)(1) for promulgation as
    regulations. If final regulations are not promulgated by
    the board within three years of the effective date of this

    - 19 -
    section, the department may promulgate final
    regulations consistent with Federal standards.
    (d) New standards.--Within 70 days of the effective
    date of new mine safety standards under subsection
    (b)(2), the board shall begin to consider standards for
    promulgation as regulations. If the regulations are not
    promulgated as final by the board within three years of
    the effective date of the promulgation of the new
    standards, the department may promulgate final
    regulations consistent with Federal standards.
    (e) Justification for regulations.--Regulations shall be
    based upon consideration of the latest scientific data in
    the field, the technical feasibility of standards,
    experience gained under this and other safety statutes,
    information submitted to the board in writing by any
    interested person or the recommendation of any
    member of the board, if the board determines that a
    regulation should be developed in order to serve the
    objectives of this act.
    (f) Topic.--Without limiting the scope of the board's
    authority under this section, regulations may address
    any of the following:
    (1) Revisions to an interim mandatory safety
    standard to address a new technology or method of
    mining.
    (2) Hazards not addressed by existing safety
    standards.
    (3) The identification of positions not listed under
    this act requiring a certificate of qualification.

    - 20 -
    (4) The establishment of fees for services in
    amounts sufficient to cover the department's costs of
    administering this act. The fees established by the board
    may be increased each year after implementation by the
    percentage, if any, by which the Consumer Price Index
    for the most recent calendar year exceeds the
    Consumer Price Index for the calendar year 1989. For
    the purposes of this paragraph, the Consumer Price
    Index for any calendar year shall mean the average of
    the Consumer Price Index for All Urban Consumers,
    published by the United States Department of Labor, as
    of the close of the 12-month period ending on August 31
    of each calendar year.
    (g) Safety.--No regulation promulgated by the board
    shall reduce or compromise the level of safety or
    protection afforded mine workers under this act. The
    department may disapprove a final regulation approved
    by the board which the department determines would
    reduce or compromise the level of safety or protection
    afforded mine workers under this act if the department
    describes the basis for the disapproval.
    (h) Miner Act.--With regard to the adoption of Federal
    standards established pursuant to the Mine
    Improvement and New Emergency Response Act of
    2006 (Public Law 109-236, 120 Stat. 493), the following
    shall apply:
    (1) The board is specifically authorized to
    promulgate regulations that the board deems
    appropriate, including accelerated compliance
    schedules and additional requirements.

    - 21 -
    (2) The board shall consider promulgating
    regulations regarding flammability standards for
    conveyor belts.
    (3) If MSHA fails to promulgate regulations
    regarding emergency shelters and chambers, the board
    shall promulgate regulations.
    (4) Regulations shall be no less stringent than the
    Federal mine safety standards
    (i) Action.--The board shall take action on the tests
    and evaluations performed by the mining industry under
    section 334(b) and (c).
    (j) Fees.--The department may set reasonable interim
    fees pending adoption of fee regulations under this
    section.
    Section 106.2. Emergency shelters and chambers.
    The board's emergency shelter or chamber
    regulations shall consider all of the following:
    (1) Provide a minimum of 48 hours of life support,
    including air, water, emergency medical supplies and
    food, for the maximum number of miners reasonably
    expected to be on the working section.
    (2) Be capable of surviving an initial event with a
    peak over pressure of 15 pounds per square inch for
    three seconds and a flash fire, as defined by National
    Fire Protection Association standard NFPA-2113, of 300
    degrees Fahrenheit for three seconds.

    - 22 -
    (3) Be constructed in a manner that the emergency
    shelter or chamber will be protected under normal
    handling and pre-event mine conditions.
    (4) Provide for rapidly establishing and maintaining
    an internal shelter atmosphere of oxygen above 19.5%,
    carbon dioxide below 0.5%.
    (5) Provide for carbon monoxide below 50 parts per
    million and an apparent-temperature of 95 degrees
    Fahrenheit.
    (6) Provide the ability to monitor carbon monoxide
    and oxygen inside and outside the shelter or chamber.
    (7) Provide a means for entry and exit that
    maintains the integrity of the internal atmosphere.
    (8) Provide a means for MSHA-certified intrinsically
    safe power if power is required.
    (9) Provide a minimum of eight quarts of water per
    miner.
    (10) Provide a minimum of 4,000 calories of food
    per miner.
    (11) Provide a means for disposal of human waste
    to the outside of the shelter or chamber.
    (12) Provide a first aid kit.
    (13) Have provisions for inspection of the shelter or
    chamber and its contents.
    (14) Contain manufacturer-recommended repair
    materials.

    - 23 -
    (15) Provide a battery-powered, occupant-activated
    strobe light, of a model approved by the board, that is
    visible from the outside indicating occupancy.
    (16) Provide provisions for communication to the
    surface.
    (17) Provide proof of current approval for all items
    and materials subject to approval.
    Section 106.3. Notice to operators and miners.
    The department shall send a copy in writing or
    electronically of every proposed regulation and final
    regulation, at the time of publication in the Pennsylvania
    Bulletin, to the operator of each mine and, where
    applicable, the representative of the miners at the mine,
    and the copy shall be immediately posted on the bulletin
    board of the mine by the operator or the operator's
    agent. Failure to receive the notice shall not invalidate
    the final regulation or relieve anyone of the obligation to
    comply with final regulation.
    Section 106.4. Standards for surface facilities.
    The department shall use the applicable standards
    contained in 30 CFR Part 77 (relating to mandatory
    safety standards, surface coal mines and surface work
    areas of underground coal mines) regarding the sinking
    of shafts and slopes and surface facilities that are part of
    mines, pending promulgation of regulations by the board
    regarding those activities and facilities.

    - 24 -
    Section 106.5. Track distance.
    (a) Determination by board.--Within 14 days of the
    initial meeting of the board, the board shall make a
    determination whether to promulgate regulations
    providing for exceptions to section 258(a.2). If the board
    decides to promulgate regulations providing for any of
    the exceptions described in subsection (b), any
    exceptions as approved by the board for proposed
    rulemaking shall become and remain in effect until the
    completion of the rulemaking process. Any exceptions
    approved by the board shall require the operator to
    make readily available a self-propelled transport vehicle
    with rubber tires in the working section for transportation
    of sick or injured miners.
    (b) Exceptions.--The following exceptions to section
    258(a.2) shall be considered by the board pursuant to
    subsection (a):
    (1) Bleeder entry development.
    (2) Development of longwall setup entries.
    (3) Development of longwall recovery entries.
    (4) Startup of a working section off mains or
    submains entries.
    Section 107. Safety issues.
    The department shall consider the safety of miners in
    reviewing and acting on applications for permits issued
    to and for mines and shall include conditions addressing
    safety in issuing the permits. If the department
    determines that any aspect of the contemplated activity
    at an existing or proposed mine might constitute a threat

    - 25 -
    to the health and safety of miners or individuals in and
    about mines, the department shall require the applicant
    or operator to eliminate the threat. If the applicant or
    operator does not eliminate the threat to the
    department's satisfaction, the department shall deny the
    application or applications or shall unilaterally modify the
    terms of the permit or suspend or revoke the permit.
    Section 108. Inspections.
    (a) Frequency and purpose.--The department shall
    make frequent inspections of mines. Each mine shall be
    inspected at least semiannually for electrical purposes
    and at least quarterly for general purposes. Inspections
    shall be conducted more frequently when the
    department determines that more frequent inspections
    are necessary or desirable. Inspections shall be
    conducted for the purposes of:
    (1) Obtaining, utilizing and disseminating
    information relating to health and safety conditions, the
    causes of accidents and the causes of diseases and
    physical impairments originating in mines.
    (2) Gathering information with respect to health or
    safety standards established or regulations promulgated
    under this act.
    (3) Determining whether a danger exists.
    (4) Determining whether the mine is in compliance
    with the provisions of this act, the mine safety
    regulations and any order, permit or decision issued by
    the department under this act.

    - 26 -
    (b) Accompaniment.--A representative of the operator
    and a representative of the miners shall be given the
    opportunity to accompany the department during the
    physical inspection of any coal mine or coal facility,
    including preparation plants, shops, coal handling
    facilities and all other areas associated with the coal
    mining operation, made pursuant to this act. The
    purpose of this accompaniment is to aid the inspection
    and to participate in all pre-inspection and post-
    inspection closeouts and conferences and other
    activities required of the department under this act. The
    representative of the miners shall suffer no loss of pay
    during the period of participation in the inspection.
    Where there is no authorized representative of the
    miners, the department shall meet with no fewer than
    two miners concerning health and safety at the mine. To
    the extent the department determines more than one
    representative from each party would further aid the
    inspection, the department may permit each party to
    have an equal number of additional representatives.
    However, only one such representative of the miners
    who is an employee of the operator shall be entitled to
    suffer no loss of pay during the period of such
    participation under the provisions of this subsection. For
    purposes of this subsection, the designation of the
    representative of miners shall be made in accordance
    with 30 CFR Pt. 40 (relating to representative of miners),
    except that the representative of the miners shall be an
    employee of the mine being inspected.
    Section 109. Accidents.
    (a) Duties of operator.--In the event of an accident

    - 27 -
    occurring at a mine, an operator shall do all of the
    following:
    (1) Notify the department no later than 15 minutes
    of discovery of the accident.
    (2) Take appropriate measures to prevent the
    destruction of evidence which would assist in
    investigating the cause of the accident. Unless granted
    permission by the department, no operator may alter an
    accident site or an accident-related area until completion
    of all investigations pertaining to the accident, except to
    rescue any individual and prevent destruction of mine
    equipment.
    (3) Obtain the approval of the department for any
    plan to recover an individual in the mine, to recover the
    coal mine or to return the affected areas of the mine to
    normal operations.
    (4) Conduct its own investigation of the accident
    and develop a written report of the investigation. The
    report shall include all of the following:
    (i) The date and hour of the accident.
    (ii) The date the investigation began.
    (iii) The names of the individuals participating in
    the investigation.
    (iv) A description of the accident site.
    (v) An explanation of the accident or injury,
    including a description of any equipment involved and
    relevant events before and after the accident.
    (vi) An explanation of the cause of the accident.

    - 28 -
    (vii) An explanation of the cause of any injury
    sustained due to the accident.
    (viii) The name, occupation and experience of
    any miner involved in the accident.
    (ix) A sketch depicting the accident, including
    dimensions where pertinent.
    (x) A description of steps taken to prevent a
    similar accident in the future.
    (b) Duties of department.--In the event of an accident
    occurring at a mine, the department shall do all of the
    following:
    (1) Take whatever action it deems appropriate,
    including the issuance of orders, to protect the life,
    health or safety of an individual, including coordinating
    and assisting rescue and recovery activities in the mine.
    (2) Promptly decide whether to conduct an
    investigation of the accident and inform the operator and
    the representative of the miners of its decision.
    (c) Report.--Each operator shall report to the
    department each accident and lost-time injury.
    (1) The operator shall report within ten working
    days of the accident or lost-time injury. An operator may
    meet the requirements of this paragraph by submitting a
    copy of the MSHA Mine Accident, Injury and Illness
    Report Form 7000-1 required by 30 CFR § 50.20
    (relating to preparation and submission of MSHA Report
    Form 7000-1--Mine Accident, Injury, and Illness Report)
    in use on the date of the accident.

    - 29 -
    (2) Each accident and lost-time injury shall be
    reported on a separate form. If more than one miner is
    injured in the same accident, the operator shall submit a
    separate form for each miner affected.
    Section 110. Mine officials' certification.
    (a) Administration.--After evaluating the examinations,
    the department shall issue certificates to those
    candidates who have met the established criteria for
    each certification category.
    (b) Committee.--
    (1) The department shall appoint a committee to
    annually review and update the department's database
    of examination questions and answers. The committee
    shall be made up of an equal number of persons
    representing the viewpoints of the department,
    operators and miners.
    (2) Members of the committee shall be
    compensated in the same manner as members of the
    board under section 106(h). An individual committee
    member may waive the right to all or part of the
    compensation under this paragraph.
    (3) Members of the committee shall, after the
    committee has been duly organized, take and subscribe
    the following oath before an officer authorized to
    administer oaths: We, the undersigned, do solemnly
    swear that we will perform the duties of members of this
    committee, and we will not divulge or make known to an
    individual any question prepared for the mine officials, or
    in any manner assist any applicant to pass the
    examination.

    - 30 -
    (c) Confidential records.--Records pertaining to
    certification examinations shall not constitute a public
    record under the act of June 21, 1957 (P.L.390,
    No.212), referred to as the Right-to-Know Law.
    Section 111. Classification of mines as gassy.
    Notwithstanding any other provision of law, the
    distinction between gassy and nongassy mines is
    eliminated, and all underground bituminous mines shall
    comply with the requirements for gassy mines.
    Section 112. Reports.
    (a) Questionnaire.--The operator of an underground
    mine shall submit to the department a completed or
    revised deep mine questionnaire in the following
    instances:
    (1) Prior to the commencement of any work for the
    purpose of opening of a new underground mine or
    reopening an underground mine that has closed.
    (2) Upon change of the information reflected on the
    most recently submitted operator's questionnaire.
    (3) Upon discontinuance of the operation of an
    underground mine, the operator shall immediately notify
    the department.
    (b) Quarterly reports.--
    (1) Each operator of an active mine shall submit
    quarterly reports within 15 days after the end of each
    quarter. The report shall contain information reflecting
    the activities of the previous quarter and shall include all
    of the following:

    - 31 -
    (i) The name and address of the mine.
    (ii) Identification of the mine superintendent and
    mine foreman.
    (iii) The employment, employee hours and coal
    production statistics for the mine.
    (iv) A detailed description of the reportable
    injuries or accidents that occurred at the mine.
    (2) An operator may meet the requirements of
    paragraph (1) by submitting a copy of the MSHA
    Quarterly Employment and Coal Production Report in
    use on the date of the quarterly report.
    (c) Corrections.--By February 15 of each year, an
    operator must submit any corrections to the quarterly
    reports submitted during the prior year and must certify
    the accuracy of the corrected quarterly reports.
    (d) Additional duties.--In addition to any records
    required under this act, a mine operator shall establish
    and maintain records, make reports and provide
    information as the department may require from time to
    time. The department is authorized to compile, analyze
    and publish, either in summary or detail form, the
    reports or information obtained. All records, information,
    reports, findings, notices, orders or decisions required or
    issued pursuant to or under this act may be published
    from time to time, may be released to any interested
    person and shall constitute a public record under the act
    of June 21, 1957 (P.L.390, No.212), referred to as the
    Right-to-Know Law.

    - 32 -
    (e) Copies.--An operator of a mine shall maintain a
    copy of the reports required by this section at the mine
    office closest to the mine for a period of not less than
    five years after submission of the reports.
    Section 113. Mine rescue program.
    (a) Establishment.--The department is authorized to
    establish and administer a mine rescue program for
    mines not able to provide a mine rescue crew for
    themselves. The department shall establish a program
    to do the following:
    (1) Instruct mine employees how to care for
    individuals injured in and about the mines.
    (2) Train mine employees who may voluntarily seek
    training in the use of self-contained breathing apparatus,
    gas masks, first aid to the injured and other things or
    practices essential to the safe and efficient conduct of
    the work of first aid and mine rescue.
    (b) Equipment.--The department shall purchase and
    maintain adequate quantities of emergency response
    vehicles, specialized equipment, supplies and services
    necessary to assure rapid and effective response to
    mine emergencies, including mine fires, mine
    explosions, mine inundations, entrapments and mine
    recovery operations.
    (c) Contracts.--In the event of an emergency
    response, the department may use the emergency
    contracting provisions of 62 Pa.C.S. § 516 (relating to
    emergency procurement) to lease additional services or
    equipment as is needed to respond to a mine
    emergency. The department, with the consent of the

    - 33 -
    Governor, may use funds available to the
    Commonwealth for the purpose of responding to a mine
    emergency.
    Section 114. Direction of mine rescue work.
    The department shall coordinate and assist in all
    responses to a mine emergency conducted in this
    Commonwealth. The extent of coordination and
    assistance shall depend on the nature of the mine
    emergency and the operator's ability to respond to the
    mine emergency. This authority shall include directing
    responses to mine emergencies and assigning mine
    rescue crews and mine rescue and recovery work to
    mine inspectors or other qualified employees of the
    department.
    Section 115. Recovery of funds.
    The department is authorized to seek from an
    operator reimbursement of funds expended by the
    department to rent equipment and obtain services in
    responding to a mine emergency.
    Section 116. Mine Safety Fund.
    There is created a special fund known as the Mine
    Safety Fund. All moneys received by the department
    under this act and all moneys recovered from operators
    for expenses incurred in responding to a mine
    emergency shall be deposited by the State Treasurer
    into the Mine Safety Fund. All moneys deposited in the
    fund are hereby appropriated, upon approval of the
    Governor, to the department for mine safety activities
    and the administration of this act.

    - 34 -
    Section 117. Bituminous mine inspector.
    Notwithstanding the act of August 5, 1941 (P.L.752,
    No.286), known as the Civil Service Act, in order to
    become eligible for employment as a bituminous mine
    inspector, an individual must, at a minimum, meet the
    following qualifications:
    (1) Be a resident of this Commonwealth.
    (2) Be an individual of good moral character and
    known temperate habits.
    (3) Be physically capable of entering and inspecting
    a coal mine.
    (4) Have at least a high school diploma.
    (5) Be at least 30 years of age.
    (6) Have had at least ten years' experience in an
    underground bituminous coal mine.
    (7) Hold a current, valid certificate as a bituminous
    mine foreman, assistant mine foreman or mine
    examiner.
    (8) Pass, with at least a score of 90%, the mine
    inspector's examination as conducted by the State Civil
    Service Commission in accordance with the Civil
    Service Act.
    Section 118. Bituminous mine electrical inspector.
    Notwithstanding the act of August 5, 1941 (P.L.752,
    No.286), known as the Civil Service Act, in order to
    become eligible for employment as a bituminous mine
    electrical inspector, an individual must meet at least the
    following qualifications:

    - 35 -
    (1) Be a resident of this Commonwealth.
    (2) Be an individual of good moral character and
    known temperate habits.
    (3) Be physically capable of entering and inspecting a
    coal mine.
    (4) Have at least a high school diploma.
    (5) Be at least 30 years of age.
    (6) Have had at least ten years' experience in an
    underground bituminous coal mine.
    (7) Hold a current, valid certificate as a bituminous
    mine electrician.
    (8) Pass, with at least a score of 90%, the mine
    electrical inspector's examination as conducted by the
    State Civil Service Commission in accordance with the
    Civil Service Act.
    Section 119. Availability of mine maps.
    (a) Authorization.--The department is authorized and
    directed to obtain and copy all maps of mining
    conducted in this Commonwealth.
    (b) Inspection and copying.--An individual who has
    possession of a mine map shall make the map available
    to the department for inspection and copying. The map
    shall be returned to its owner within 30 days.
    (c) Liability.--No individual shall, solely on the basis of
    supplying a mine map to the department, be attributed
    or divested of liability.

    - 36 -
    Section 120. Mine map repository.
    The department shall develop and maintain a
    repository of all mine maps it has obtained or has had
    an opportunity to copy. The department shall organize
    and catalog the mine maps in the repository to enable
    the department, other government agencies, mine
    operators and the general public to review the mine
    maps and to determine the location of mine workings.
    All mine maps and copies of mine maps held by the
    department shall be open for public inspection and
    made available for review upon request during the
    department's normal business hours.
    Section 121. Applicability.
    The provisions of Chapters 2 and 3 shall not apply to
    the construction of shafts and slopes.
    CHAPTER 2
    GENERAL REQUIREMENTS FOR UNDERGROUND
    BITUMINOUS MINES
    Section 201. General safety requirements.
    The following are general safety requirements:
    (1) All work must be performed in a safe manner.
    (2) All equipment must be maintained in safe
    operating condition.
    (3) No individual shall be employed as a mine
    foreman, assistant mine foreman, mine examiner, mine
    electrician, mining machine operator, shot-firer or miner
    unless that individual holds a current, valid certification

    - 37 -
    from the department to work in that capacity. An
    individual who holds a current, valid certification to be a
    mine foreman may also work as an assistant mine
    foreman or mine examiner. Only a mine official shall
    direct the work force in matters involving the safety of
    employees. An individual who holds a current, valid
    certification as an assistant mine foreman may also
    work as a mine examiner.
    (4) It shall be the duty of the operator and all mine
    officials to comply with and see that others comply with
    the provisions of this act, the regulations promulgated
    pursuant to this act, all orders and approvals and the
    safety conditions in permits issued to the mine. It shall
    also be the duty of the operator and all mine officials to
    cooperate with the department in implementing the
    provisions of this act and effectuating the purposes of
    this act.
    (5) The operator and all mine officials shall comply
    with and follow all mining plans, approvals and orders
    issued by the department, rules and regulations of the
    operator, all provisions of law that are in harmony with
    this act and all other applicable laws. The operator is
    responsible for assuring that all activities in and around
    the mine, including those conducted by contractors, are
    conducted in compliance with this act, regulations
    promulgated under this act, approvals and orders issued
    by the department and any safety conditions included in
    permits.
    (6) During coal production, an assistant mine
    foreman shall be assigned to only one working section.
    The assistant mine foreman shall supervise individuals

    - 38 -
    engaged in the coal-cutting operation. The assistant
    mine foreman may perform additional duties provided
    that he spends a majority of his time supervising
    individuals engaged in the coal-cutting operation.
    (7) Every superintendent, mine foreman, assistant
    mine foreman, mine electrician and mine examiner shall
    represent the Commonwealth in the mine in which he is
    employed and shall be deemed an officer of the
    Commonwealth in enforcing the provisions of this act
    and performing the mine official's duties under this act.
    The superintendent, mine foreman, assistant mine
    foreman, mine electrician or mine examiner shall
    perform these duties during such times as the mine is in
    operation and at such other times as the department
    deems to be necessary or appropriate to make the mine
    safe and to protect the health and safety of those who
    work in and around the mine.
    Section 202. Qualifications for certification.
    (a) General Requirements.--
    (1) Except as set forth under paragraph (2), in order
    to be eligible to sit for a certification examination, the
    following shall apply:
    (i) An applicant must demonstrate the following
    levels of work experience in an underground bituminous
    coal mine:
    (A) Mine foreman or mine electrician, five
    years.
    (B) Assistant mine foreman, four years.
    (C) Mine examiner, three years.

    - 39 -
    (ii) For each certification category in
    subparagraph (i), a minimum of two years' experience
    must have been in a working section.
    (2) If an applicant holds a bachelor's degree in
    mining engineering or an associate degree in mining
    technology from a recognized institution of higher
    education in the case of a mine foreman, assistant mine
    foreman or mine examiner, or a bachelor's degree in
    electrical engineering or an associate degree in
    electrical technology from a recognized institution of
    higher education in the case of a mine electrician, in
    order to be eligible to sit for a certification examination,
    the following shall apply:
    (i) An applicant must demonstrate the following
    levels of work experience in an underground bituminous
    coal mine:
    (A) Mine foreman or mine electrician, four
    years.
    (B) Assistant mine foreman, three years.
    (C) Mine examiner, two years.
    (ii) For each certification category in
    subparagraph (i), a minimum of one year's experience
    must have been in a working section.
    (b) Additional requirements.--The following additional
    requirements shall apply:
    (1) All applicants shall be able to read and write the
    English language intelligently, and shall furnish the
    department with a notarized statement from previous

    - 40 -
    employers setting forth the length of service and type of
    work performed in the different mines.
    (2) Certificates of qualification as mine foremen
    shall be granted to individuals who have given to the
    department satisfactory evidence of their ability to
    perform the duties of mine foreman and who have
    received training by individuals approved by the
    department in determining the presence of explosive
    and noxious gases, and in the use and mechanics of all
    gas detection devices, and who have received an
    average of at least 80% in the examination.
    (3) Certificates of qualification as assistant mine
    foremen shall be granted to individuals who have given
    to the department satisfactory evidence of their ability to
    perform the duties of assistant mine foreman and who
    have received training by individuals approved by the
    department in determining the presence of explosive
    and noxious gases, and in the use and mechanics of all
    gas detection devices, and who have received an
    average of at least 70% in the examination.
    (4) Certificates of qualification as mine examiners
    shall be granted to individuals who have given to the
    department satisfactory evidence of their ability to
    perform the duties of mine examiners and who have
    received training by individuals approved by the
    department in determining the presence of explosive
    and noxious gases, and in the use and mechanics of all
    gas detection devices, and who have received an
    average of at least 75% in the mine examiners’
    examination.

    - 41 -
    (5) Certificates of qualification as mine electrician
    shall be granted to individuals who have given to the
    department satisfactory evidence of their ability to
    perform the duties of mine electrician and received
    training by individuals approved by the department in
    determining the presence of explosive and noxious
    gases, and in the use and mechanics of all gas
    detection devices, and who have received an average of
    75% in the mine electricians’ examination.
    (6) Certificates of qualification or service granted
    prior to the effective date of this act shall have equal
    value with certificates of qualification granted under this
    act.
    (7) All applicants who have satisfactorily passed
    examinations, after being certified but before assuming
    their duties as mine foremen, mine electricians,
    assistant mine foremen or mine examiners, shall
    accompany a certified mine foreman or certified
    assistant mine foreman for not less than two weeks for
    training purposes in accordance with a training program
    submitted by the operator and approved by the
    department. Any applicant who has been granted a
    mine official certificate prior to the effective date of this
    act need not undergo this training. The record of such
    training shall be maintained at the mine.
    Section 203. Emergency use of mine examiner as
    assistant mine foreman.
    The mine foreman may appoint a mine examiner who
    is willing to act as assistant mine foreman for not more
    than one month if all of the following apply:

    - 42 -
    (1) There is an emergency. As used in this
    paragraph, the term "emergency" means a condition
    which could not have been foreseen and requires
    immediate action.
    (2) There is no assistant mine foreman available in
    the mine who is willing to act as an assistant mine
    foreman.
    (3) A mine foreman may act as an assistant mine
    foreman, a mine examiner or a miner. An assistant mine
    foreman may act as a mine examiner or a miner. A mine
    examiner may act as a miner.
    (4) Foreman trainees, where used, shall not direct
    the work force in matters involving directly or indirectly
    the safety of employees nor make tests or examinations
    required to be made by mine officials.
    Section 204. Certification of miners.
    No individual shall be employed or engaged as a
    miner in any bituminous coal mine in this
    Commonwealth without first having obtained a certificate
    of competency and qualification, except that any miner
    holding such certificate may have a maximum of two
    individuals working under his direction as noncertified
    miners for the purpose of learning the business of
    mining, and such noncertified miner or noncertified
    miners shall be permitted to work under the direction of
    such miner without a certificate. The miner shall provide
    adequate oversight to keep the uncertified individual out
    of harm's way.

    - 43 -
    Section 205. Qualifications for certification as miners.
    The following shall apply:
    (1) Miners shall be examined and granted
    certificates under regulations of the department.
    (2) No individual shall be qualified to take the
    examination unless the individual produces evidence of
    having had not less than one year's experience in
    bituminous coal mines.
    (3) All individuals possessing certificates of
    qualification issued by the Commonwealth entitling them
    to act as mine foremen, assistant mine foremen, mine
    examiners or mine electricians shall be eligible to
    engage at any time as miners in bituminous coal mines
    of this Commonwealth.
    Section 206. Issuance of miners' certificates.
    The form and manner of issuing miners' certificates
    shall be designated by the department. Certificates
    granted shall entitle the certificate holder to be
    employed as and do the work of a miner in the
    bituminous coal mines of this Commonwealth. A
    certificate granted shall not be transferable and a
    transfer shall be deemed a violation of this act.
    Section 207. Certification of mining machine operators
    and shot-firers.
    (a) General rule.--It shall be unlawful to employ as a
    mining machine operator or shot-firer in any bituminous
    coal mine any individual who has not given evidence to
    the department as to his fitness and competency to
    handle and use an approved gas detection device and

    - 44 -
    his ability to determine the presence or absence of
    explosive gas and other dangerous conditions. The
    manner of determining fitness and competency shall be
    prescribed by the department. The department shall
    issue a certificate to those found competent, on a form
    prescribed by the department. The cost of the
    examination and certification shall be borne by the
    candidates.
    (b) Eligibility.--An individual possessing a certificate of
    qualification issued by the Commonwealth entitling the
    individual to act as a mine foreman, assistant mine
    foreman, mine examiner or mine electrician is eligible to
    engage as a mining machine operator in a bituminous
    coal mine.
    Section 208. Employment of mine foremen.
    In order to secure efficient management and proper
    ventilation of mines, to promote the health and safety of
    individuals employed in mines and to protect and
    preserve the property connected with mines, the
    operator or superintendent shall employ a competent
    and practical mine foreman for every mine, who shall be
    under the supervision and control of the operator or
    superintendent. The operator or superintendent of a
    mine shall be held as fully responsible as the individual
    appointed to act as mine foreman. The mine foreman
    shall have full charge of all the inside workings and the
    individuals employed in the mine, subject, however, to
    the supervision and control of the operator or
    superintendent, in order that all the provisions of this act
    so far as they relate to his duties shall be complied with,
    and the regulations prescribed for each class of

    - 45 -
    workmen under his charge are carried out in the strictest
    manner possible.
    Section 209. Employment of mine electricians.
    Each mine shall employ a certified mine electrician,
    who shall have full charge of the electrical apparatus at
    the mine, but shall be subject to the authority of the
    mine foreman. It shall be the duty of the mine electrician
    to assist the mine foreman in carrying out all the
    provisions of the bituminous mining laws bearing on the
    use and installation of electricity inside bituminous coal
    mines and the equipment powered thereby, and the
    mine electrician shall be subject to the same penalties
    as the mine foreman for any violation of these laws.
    Section 210. Employment of assistant mine foremen.
    When mine workings become so extensive that the
    mine foreman is unable personally to carry out the
    requirements of this act pertaining to duties, the mine
    foreman shall have the right to employ a sufficient
    number of competent individuals to act as his assistants,
    who shall be under his instruction and the operator's or
    the superintendent's instruction in carrying out the
    provisions of this act. In each mine the mine foreman's
    assistants must possess assistant mine foreman
    certificates. In case of the necessary temporary absence
    of the mine foreman, the mine foreman may deputize his
    responsibilities, for the time being, to an assistant mine
    foreman, who shall perform all the duties of the mine
    foreman. Any mine foreman, assistant mine foreman,
    mine examiner or mine electrician may supervise and
    direct the work of a maximum of two noncertified miners,

    - 46 -
    and shall instruct the individuals how safely and properly
    to perform their work.
    Section 211. Ventilation responsibilities of mine
    foreman.
    The following shall apply:
    (1) A mine foreman shall devote the whole of his
    time to his duties in the mine when the mine is in
    operation, shall keep careful watch over the ventilating
    apparatus, the ventilation, airways and travelways and
    shall see that all stoppings along airways are properly
    built.
    (2) A mine foreman shall ensure that proper cut-
    throughs are made in the pillars of all rooms and entries,
    and that they are closed when necessary or when
    required by the department, so that the ventilating
    current can be conducted in sufficient quantity through
    the last cut-through to the face of each room and entry.
    A mine foreman shall not permit any room or entry to be
    turned in advance of the ventilating current or in
    advance of the last cut-through in the entry.
    (3) A mine foreman or an assistant mine foreman
    shall measure the air current at or near the main inlet
    and outlet airway at least once each week, and also in
    the last cut-through in the last room and in the entry
    beyond the last room turned in each entry. A record
    shall be made of daily measurements in the assistant
    mine foreman's daily report book. The measurements
    shall be taken on days when individuals are at work, and
    for making the measurements an anemometer shall be

    - 47 -
    provided and kept in good condition by the
    superintendent of the mine.
    (4) The following pertain to fan stoppage:
    (i) If a main mine fan stops and the ventilating
    quantity provided by the fan is not maintained by a
    backup fan system, the following actions shall be taken:
    (A) The power inby the loading point shall be
    immediately disconnected and all men shall be
    withdrawn from the face areas of the mine to a point out
    by the loading point on the main travelway with
    established communications.
    (B) As soon as it is known that the ventilation
    has been interrupted, all permissible battery-powered
    equipment shall be removed from the immediate face
    area and moved to a safe location outby the last open
    crosscut. All other battery-powered mobile equipment,
    except transportation equipment necessary for
    evacuation if located in a safe area, shall not be used
    after a ventilation interruption occurs. If possible, battery
    terminal leads shall be disconnected. If leads are not
    disconnected, all switches shall be turned off.
    (C) If the interruption is less than 15 minutes,
    the working places, adjacent places and all other active
    working areas where methane may accumulate will be
    examined by a certified mine foreman, assistant mine
    foreman or mine examiner to determine if methane in
    the amount of 1.0 volume percent or more exists before
    power is restored and the men are permitted to resume
    mining operations.

    - 48 -
    (ii) If the ventilation is not restored within 15
    minutes, the following precautions shall be taken:
    (A) The power to all underground areas shall
    be disconnected.
    (B) All individuals shall be withdrawn from the
    mine on foot under proper supervision.
    (C) If ventilation is restored before the
    evacuation is completed, the certified mine foreman,
    assistant mine foreman or mine examiner may start the
    reexamination of the mine, but all other individuals must
    continue to evacuate.
    (D) In order to provide for worker safety, power
    for communications may be left on.
    (iii) As an alternative to evacuating the men on
    foot, a mine operator may propose to utilize mechanical
    equipment during the evacuation. To justify this proposal
    the operator must perform a survey that shows
    explosive gas will not migrate to or accumulate in the
    designated haulageways that will be used to evacuate
    the mine. The duration of the survey shall be at least
    twice the travel time from the farthest face to the
    surface. The operator shall provide the representative of
    the miners, if applicable, an opportunity to participate in
    the survey. The department will approve the survey
    criteria. Trolley equipment will not be used during a fan
    stoppage. If the survey provides affirmative results,
    which shall be provided to the department, the
    department shall approve a plan to provide:
    (A) That permissible transportation equipment
    shall be used if available.

    - 49 -
    (B) That evacuations shall begin within 15
    minutes after a ventilation interruption and shall proceed
    in an orderly and expedient manner.
    (C) That the minimum number of vehicles will
    be used for the evacuation.
    (D) That, during transportation, a certified
    individual qualified to perform methane examinations
    riding in each vehicle shall continuously monitor for
    methane using a handheld detector and at specific
    locations designated by the operator based on the
    survey results. The speed of the vehicles shall not be so
    fast as to negate the detector's ability to accurately
    measure methane levels.
    (E) That, if at any time during the evacuation
    methane is detected in an amount of .25% or more, the
    transportation vehicles will be deenergized and the
    evacuation completed on foot.
    (F) That the operator, the department and the
    representative of the miners, if applicable, shall review
    the plan annually or more frequently if conditions
    warrant.
    (iv) If ventilation is restored to normal water
    gauge before the evacuation is completed, a certified
    mine foreman, assistant mine foreman or mine examiner
    may start the reexamination of the mine, but all other
    individuals must continue to evacuate.
    (v) The reexamination shall be made of the mine
    in the same manner as a preshift examination for a coal-
    producing shift before any power underground is
    energized, including battery-powered or diesel-powered

    - 50 -
    equipment, or before individuals are permitted to enter
    the mine. The examination shall be made on foot,
    except an operator may use permissible transportation
    equipment on intake travelways only for reexamination
    after a fan stoppage if the examination is started within
    the time period established by the survey. The
    examination shall be recorded in the official mine record
    books used for examinations under section 218.
    (5) The mine foreman shall notify the
    superintendent in writing whenever in his opinion the
    mine is becoming dangerous through the lack of ample
    ventilation at the face of entries, rooms and other
    portions of the mine, caused by the undue length of
    entries and airways or from any other cause, resulting in
    the accumulation of gas or coal dust, or both, in various
    portions of the mine. The superintendent shall
    thoroughly investigate the mine foreman's report and, if
    substantiated, order necessary work done to put the
    affected area in safe operating condition. It shall be the
    duty of the superintendent to immediately notify the
    department of the condition.
    (6) The mine foreman shall see that every mine
    releasing explosive gas is kept free of standing
    methane, but any accumulation of explosive or noxious
    gases in the worked-out or abandoned portions of any
    mine shall be removed as soon as possible after its
    discovery, if it is practicable to remove it. No individual
    endangered by the presence of explosive or noxious
    gases shall be allowed in that portion of the mine until
    the gases have been removed. The mine foreman shall
    direct and see that all dangerous places and the

    - 51 -
    entrance or entrances to worked-out and abandoned
    places in all mines are properly fenced off across the
    openings so that no individual can enter, and that
    danger signs are posted upon said fencing to warn
    individuals of the existing danger.
    (7) When operations are temporarily suspended in
    a mine, the mine foreman shall see that danger signs
    are placed across the mine entrance, which signals shall
    be sufficient warning for unauthorized individuals not to
    enter the mine. If the circulation of air through the mine
    be stopped, each entrance to the mine shall be fenced
    off in such a manner as will ordinarily prevent individuals
    from entering the mine, and a danger sign shall be
    displayed upon the fence at each entrance and
    maintained in good condition. The mine foreman shall
    see that all danger signs used in the mine are in good
    condition and if any become defective, he shall notify
    the superintendent.
    Section 212. Mine foreman's responsibility for working
    place safety.
    The following shall apply:
    (1) The mine foreman or assistant mine foreman
    shall direct and see that every working place is properly
    secured and shall see that no individual is directed or
    permitted to work in an unsafe place, unless it be for the
    purpose of making it safe. The mine foreman shall see
    that workmen are provided with sufficient roof support
    materials delivered to their working place or places.
    When timbers are used for roof support, they shall be

    - 52 -
    cut square on both ends and as near as practicable to
    proper length.
    (2) Every workman in need of roof support materials
    shall notify the mine foreman or the assistant mine
    foreman of the fact at least one day in advance, stating
    the roof support materials are required. In case of
    emergency, roof support materials may be ordered
    immediately upon the discovery of danger. If for any
    reason the necessary roof support materials cannot be
    supplied when required, the mine foreman or assistant
    mine foreman shall instruct the workmen to vacate the
    place until the material needed is supplied.
    (3) The mine foreman or assistant mine foreman
    shall direct and see that, as the miners advance in their
    excavation, all dangerous and doubtful pieces of coal,
    slate and rock are taken down or immediately carefully
    secured against falling on the workmen. Any workman
    who neglects to carry out or disobeys the instructions of
    the mine foreman or assistant mine foreman, in regard
    to securing his working place, shall be suspended or
    discharged by the mine foreman, and if such negligence
    or disobedience results in serious injury or loss of life to
    any individual, the mine foreman shall report the name
    of that workman to the department for prosecution under
    the requirements of this act.
    (4) The mine foreman shall give prompt attention to
    the removal of all dangers reported to him by his
    assistants, the mine examiner or any other individual
    working in the mine, and in case it is impracticable to
    immediately remove the danger, he shall notify every
    individual whose safety is threatened to remain away

    - 53 -
    from the area of the mine where the dangerous
    conditions exist.
    (5) The mine foreman, his assistant or the mine
    examiner shall, once each week, travel and examine all
    the air courses and openings that give access to old
    workings or falls and make a record in ink of the
    condition of all places in the book provided for that
    purpose.
    (6) It shall be the duty of the mine foreman to see
    that approved gas detection devices are used when and
    where required by this act. No approved gas detection
    device shall be entrusted to any individual for use in a
    mine until the individual has given satisfactory evidence
    to the mine foreman that he understands the proper use
    of the device and the danger of tampering with the
    device. The transportation of tools into and out of the
    mine shall be under the direction of the mine foreman or
    an assistant mine foreman.
    (7) Instructions shall be given by the mine foreman,
    assistant mine foreman or mine examiner, or other
    authorized individual, as to when, where and how roof
    supports shall be placed in order to avoid accidents from
    falls and to mine coal with safety to themselves and
    others. In addition, the mine foreman or assistant mine
    foreman shall give special care and attention to drawing
    pillars, particularly when falls are thereby being made.
    Section 213. Mine foreman's responsibilities for blasting.
    The following shall apply:
    (1) The mine foreman shall direct that the coal is
    properly mined before it is blasted, shot or broken. For

    - 54 -
    purposes of this paragraph, the term "properly mined"
    shall mean that the coal shall be undercut, centercut,
    overcut or sheared by pick or machine, and in any case
    the cutting shall be as deep as the holes are laid.
    (2) The mine foreman or assistant mine foreman,
    under instructions from the mine foreman, shall direct
    that the holes for blasting shall be properly placed and
    shall designate the angle and depth of holes, which shall
    not be deeper than the undercutting, centercutting,
    overcutting or shearing, the maximum quantity of
    explosives required for each hole and the method of
    charging and tamping.
    (3) The mine foreman shall employ a sufficient
    number of competent and legally certified individuals to
    act as shot-firers.
    Section 214. Mine foreman's responsibilities for
    drainage.
    The following shall apply:
    (1) The mine foreman shall see that the work areas
    are kept as free from water as practicable during
    working hours. Except for individuals necessary to
    correct the condition, individuals shall not enter an area
    with such accumulations.
    (2) Whenever any working place in a mine
    approaches within 50 feet of abandoned workings, as
    shown by surveys certified by a registered engineer or
    surveyor, or within 500 feet of any other abandoned
    workings of the mine, which cannot be inspected and
    which may contain dangerous accumulations of water or
    gas, or within 500 feet of any workings of an adjacent

    - 55 -
    mine, a test drilling plan which provides for the safety of
    all individuals must be submitted by the operator to the
    department for approval. The department may increase
    the setback distances under this paragraph.
    (3) No mining may occur within the setback
    distances under paragraph (2) unless the department
    approves the test drilling plan and gives permission to
    proceed.
    (4) No water or gas from any portion of an
    abandoned mine, or from any idle portion of an active
    mine, and no borehole from the surface shall be tapped
    except under the immediate instruction and direction of
    the mine foreman with the use of approved gas
    detection equipment. It shall be unlawful to work or
    employ individuals to work in any portion of a bituminous
    coal mine in which a body of water is dammed or held
    back at a higher elevation in the same mine by natural
    or artificial means, unless approval is given in writing by
    the department.
    (5) The department shall not accept from an
    operator a six-month mine subsidence map as required
    by the act of April 27, 1966 (1st Sp.Sess. P.L.31, No.1),
    known as The Bituminous Mine Subsidence and Land
    Conservation Act, unless the map includes the
    information required by paragraphs (2), (3) and (4).
    Section 215. Mine foreman's responsibility for
    employment of competent individuals.
    A noncertified individual may not be employed to
    operate equipment in a mine until the individual has
    completed a training program approved by the

    - 56 -
    department and has given the mine foreman satisfactory
    proof that the individual can do the assigned work
    without endangering anyone.
    Section 216. Mine foreman's responsibilities for
    inspections and reports.
    The following shall apply:
    (1) In all mines, the mine foreman shall employ a
    sufficient number of assistants to ensure a visit to each
    employee during each shift, except mine officials and
    miners whose normal duties require travel throughout
    the mine, either by the mine foreman or his assistants.
    (2) The mine foreman shall each day enter plainly
    and sign in ink a report of the condition of the mine in a
    book provided for that purpose. The report shall clearly
    state any danger that may have come under his
    observation during the day or any danger reported by
    the assistant mine foreman or the mine examiners. The
    report shall also state whether or not a proper supply of
    material is on hand for the safe working of the mine, and
    whether or not the requirements of law are complied
    with. The mine foreman shall also, once each week,
    enter plainly in ink in the book a true report of all weekly
    air measurements required by this act, designating the
    place, the area of each cut-through and entry
    separately, the velocity of the air in each cut-through
    and entry, the quantity of the air in each cut-through and
    entry and the number employed in each separate split of
    air, with the date when measurements were taken. The
    book shall at all times be kept in the mine office, for
    examination by the department or any individual working

    - 57 -
    in the mine, in the presence of the superintendent or the
    mine foreman. The mine foreman shall also each day
    read carefully and countersign in ink all reports entered
    in the record book of the mine examiners.
    (3) When assistant mine foremen are employed,
    their duty shall be to assist the mine foreman in
    complying with the provisions of this act, and they shall
    be liable to the same penalties as the mine foreman for
    any violation of this act in parts or portions of the mine
    under their jurisdiction. At the end of each shift, each
    assistant mine foreman shall make a report in a book
    provided for that purpose, giving the general condition
    as to safety of the working places visited, and shall
    make a note of any unusual occurrence observed during
    the shift. The mine foreman shall read carefully the daily
    report of each assistant mine foreman and shall sign the
    report in ink daily. Where more than one portal is being
    used for the entrance of miners into a mine, the mine
    foreman may designate an assistant who holds a mine
    foreman certificate to sign the assistant mine foreman's
    and mine examiner's daily report books at each portal
    other than the main portal.
    (4) It shall be the duty of the mine foreman or
    assistant mine foreman, or an authorized individual
    designated by the mine foreman, to examine daily in a
    general way all electrical equipment and other
    machinery under his jurisdiction to see that it is in safe
    operating condition and make a report in the assistant
    mine foreman's daily report book. It shall be the duty of
    the mine electrician to make and sign a written report
    once each week in a record book provided for that

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    purpose, stating the condition of electrical equipment
    and other machinery in the mine. The report shall be
    countersigned by the mine foreman.
    Section 217. Employment of mine examiners.
    The mine foreman shall employ a sufficient number of
    mine examiners to ensure that each mine can be
    examined in accordance with the provisions of this act.
    The mine foreman or the assistant mine foreman shall
    ensure that the mine examiner has initialed, including
    date and time, the places examined or reported as
    examined.
    Section 218. Preshift examination at fixed intervals.
    (a) Examinations and Intervals.--
    (1) Except as provided in paragraph (2), a certified
    person designated by the operator must make a preshift
    examination within three hours preceding the beginning
    of any eight-hour interval during which any person is
    scheduled to work or travel underground. No person
    other than certified examiners may enter or remain in
    any underground area unless a preshift examination has
    been completed for the established eight-hour interval.
    The operator must establish eight-hour intervals of time
    subject to the required preshift examinations.
    (2) Preshift examinations of areas where pumpers
    are scheduled to work or travel shall not be required
    prior to the pumper entering the areas if the pumper is a
    certified mine examiner and the pumper conducts an
    examination for hazardous conditions, tests for methane
    and oxygen deficiency and determines if the air is

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    moving in its proper direction in the area where the
    pumper works or travels. The examination of the area
    must be completed before the pumper performs any
    other work. A record of all hazardous conditions found
    by the pumper shall be made and retained in a record
    book.
    (b) Duties of person conducting preshift examination.-
    -The person conducting the preshift examination shall
    examine for hazardous conditions, test for methane and
    oxygen deficiency and determine if the air is moving in
    its proper direction and volume at the following
    locations:
    (1) Roadways, travelways and track haulageways
    where persons are scheduled, prior to the beginning of
    the preshift examination, to work or travel during the
    oncoming shift.
    (2) Belt conveyors that will be energized during the
    oncoming shift.
    (3) Working sections and areas where mechanized
    mining equipment is being installed or removed if
    anyone is scheduled to work on the section or in the
    area during the oncoming shift. The scope of the
    examination shall include the working places,
    approaches to worked-out areas and ventilation controls
    on these sections and in these areas, and the
    examination shall include tests of the roof, face and rib
    conditions on these sections and in these areas.
    (4) Approaches to worked-out areas along intake air
    courses and at the entries used to carry air into worked-
    out areas if the intake air passing the approaches is
    used to ventilate working sections where anyone is

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    scheduled to work during the oncoming shift. The
    examination of the approaches to the worked-out areas
    shall be made in the intake air course immediately inby
    and outby each entry used to carry air into the worked-
    out area. An examination of the entries used to carry air
    into the worked-out areas shall be conducted at a point
    immediately inby the intersection of each entry with the
    intake air course.
    (5) Areas where trolley wires or trolley feeder wires
    are to be or will remain energized during the oncoming
    shift.
    (6) High spots along intake air courses where
    methane is likely to accumulate, if equipment will be
    operated in the area during the shift.
    (7) Underground transformer stations, battery
    charging stations, substations, rectifiers, electrically
    operated submersible pumps, permissible pumps and
    associated permissible switch gear, compressor stations
    that will be energized during the oncoming shift,
    electrical pumps located on or near the section or that
    move as the section advances and retreats and small
    electrical portable pumps.
    (8) Other areas where work or travel during the
    oncoming shift is scheduled prior to the beginning of the
    preshift examination.
    (c) Air volume determination.--The person conducting
    the preshift examination shall determine the volume of
    air entering each of the following areas if anyone is
    scheduled to work in the areas during the oncoming
    shift:

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    (1) In the last open crosscut of each set of entries
    or rooms on each working section and areas where
    mechanized mining equipment is being installed or
    removed. The last open crosscut is the crosscut in the
    line of pillars containing the permanent stoppings that
    separate the intake air courses and the return air
    courses.
    (2) On each longwall or shortwall in the intake entry
    or entries at the intake end of the longwall or shortwall
    face immediately outby the face, and the velocity of air
    at each end of the face at the locations specified in the
    approved ventilation plan.
    (3) At the intake end of any pillar line:
    (i) If a single split of air is used in the intake entry
    furthest from the return air course immediately outby the
    first open crosscut outby the line of pillars being mined;
    or
    (ii) If a split system is used in the intake entries of
    each split immediately inby the split point.
    (d) Certification.--At each working place examined,
    the person doing the preshift examination shall certify by
    initials date and the time that the examination was
    made. In areas required to be examined outby a working
    section, the certified person shall certify by initials, date
    and the time at enough locations to show that the entire
    area has been examined.
    (e) Sign posting.--If the mine examiner in making his
    examination finds a condition which he considers to be
    dangerous to persons who may enter or be in such
    area, the mine examiner shall indicate such dangerous

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    place by posting a "danger" sign conspicuously at a
    point which persons entering such dangerous place
    would be required to pass. No person, other than federal
    or state mine inspectors, or the mine foreman or his
    assistant, or persons authorized by the mine foreman or
    his assistant to enter such place for the purpose of
    eliminating the dangerous condition therein, shall enter
    such place while such sign is posted.
    (f) Recordkeeping.--A record of the results of each
    preshift examination, including a record of hazardous
    conditions and their locations found by the examiner
    during each examination and of the results and locations
    of air and methane measurements, shall be made on
    the surface before any persons, other than certified
    persons conducting examinations required by this
    subpart, enter any underground area of the mine. The
    results of methane tests shall be recorded as the
    percentage of methane measured by the examiner. The
    record shall be made by the certified person who made
    the examination. If the examiner has called out the
    examination from underground and will not complete
    surface record books personally, the examiner shall
    enter a record of examination in a record book kept in a
    fireproof vault underground and sign the same. When a
    station is located in a mine, it shall be the duty of a mine
    examiner to also sign a report entered in the record
    book in the mine office on the surface. A record shall
    also be made by a certified person of the action taken to
    correct hazardous conditions found during the preshift
    examination. All preshift and corrective action records
    shall be countersigned by the mine foreman or
    equivalent mine official by the end of the mine foreman's

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    or equivalent mine official's next regularly scheduled
    working shift. The records required by this section shall
    be made in a secure book that is not susceptible to
    alteration or electronically in a computer system so as to
    be secure and not susceptible to alteration.
    (g) Second examination.--A second examination by
    the same or other mine examiner shall be made during
    working hours of every working place where individuals
    are employed, and a report of said examination shall be
    made in the mine examiner report book in the same
    manner as the first examination.
    (h) Retention period.--Records shall be retained at a
    surface location at the mine for at least one year and
    shall be made available for inspection by the mine
    inspector and the representative of miners, if applicable.
    (i) Additional examination.--An additional examination
    of the working section for persons entering the mine
    more than three hours after the start of an eight-hour
    cycle and entering such working section shall be done if
    persons have not been present in such working section
    during the three-hour period after the start of the eight-
    hour period, provided that the entry after the start of the
    eight-hour cycle is not occasioned by training of the
    miners or a fan check. A certified person shall examine
    the working section for hazardous conditions, determine
    whether the air is traveling in its proper direction and at
    its normal volume and test for methane and oxygen
    deficiency. Such examination does not include the
    travelways to such area where persons regularly travel
    in the mine.

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    (j) Certification in working section.--In each working
    section examined, the person doing the examination
    shall certify by initials, date and the time that the
    examination was made.
    (k) Recordkeeping.--A record of the results of each
    examination, including a record of hazardous conditions
    and their locations found by the examiner during each
    examination and of the results and locations of air and
    methane measurements, shall be made on the surface
    before any persons, other than certified persons
    conducting examinations, enter the working section. The
    results of methane tests shall be recorded as the
    percentage of methane measured by the examiner. The
    record shall be made by the certified person who made
    the examination. If the examiner has called out his
    examination from underground and will not complete
    surface record books personally, the examiner shall
    enter a record of examination in a record book kept in a
    fireproof vault underground and sign the same. When a
    station is located in a mine, it shall be the duty of a mine
    examiner to also sign a report entered in the record
    book in the mine office on the surface. A record shall
    also be made by a certified person of the action taken to
    correct hazardous conditions found during the
    examination. All examinations and corrective action
    records shall be countersigned by the mine foreman or
    equivalent mine official by the end of the mine foreman's
    or equivalent mine official's next regularly scheduled
    working shift. The records required by this section shall
    be made in a secure book that is not susceptible to
    alteration or electronically in a computer system so as to
    be secure and not susceptible to alteration.

    - 65 -
    (l) Retention period.--Records shall be retained at a
    surface location at the mine for at least one year and
    shall be made available for inspection by the mine
    inspector and the representative of miners.
    Section 218.1. Supplemental examination.
    (a) Duties.--Except for certified persons conducting
    examinations required by this subsection, within three
    hours before anyone enters an area in which a preshift
    examination has not been made for that shift, a certified
    person shall examine the area for hazardous conditions,
    determine whether the air is traveling in its proper
    direction and at its normal volume and test for methane
    and oxygen deficiency.
    (b) Certification.--At each working place examined,
    the person making the supplemental examination shall
    certify by initials, date and the time that the examination
    was made. In areas required to be examined outby a
    working section, the certified person shall certify by
    initials, date and the time at enough locations to show
    that the entire area has been examined.
    (c) Recordkeeping.--A record of the results of each
    examination, including a record of hazardous conditions
    and their locations found by the examiner during each
    examination and of the results and locations of air and
    methane measurements, shall be made on the surface
    before any persons, other than certified persons
    conducting examinations, enter the working area. The
    results of methane tests shall be recorded as the
    percentage of methane measured by the examiner. The
    record shall be made by the certified person who made

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    the examination. If the examiner has called out his
    examination from underground and will not complete
    surface record books personally, the examiner shall
    enter a record of examination in a record book kept in a
    fireproof vault underground and sign the same. When a
    station is located in a mine, it shall be the duty of a mine
    examiner to also sign a report entered in the record
    book in the mine office on the surface. A record shall
    also be made by a certified person of the action taken to
    correct hazardous conditions found during the
    examination. All examinations and corrective action
    records shall be countersigned by the mine foreman or
    equivalent mine official by the end of the mine foreman's
    or equivalent mine official's next regularly scheduled
    working shift. The records required by this section shall
    be made in a secure book that is not susceptible to
    alteration or electronically in a computer system so as to
    be secure and not susceptible to alteration.
    Section 219. Management of mine.
    The right to hire and discharge employees,
    management of the mine and the direction of the
    working forces are vested exclusively in the operator.
    No individual, association, organization or corporation
    shall interfere with or attempt to interfere with, abridge or
    attempt to abridge, in any manner whatsoever, these
    rights, provided that these rights do not invalidate any
    existing or future contract.
    Section 220. Duties of superintendent.
    (a) General rule.--It shall be the duty of every
    superintendent, on behalf and at the expense of the

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    operator, to keep on hand at each mine at all times a
    sufficient quantity of all materials and supplies required
    to preserve the health and safety of the employees, as
    ordered by the mine foreman and required by this act. If,
    for any reason, the superintendent cannot procure the
    necessary materials or supplies, he shall immediately
    notify the mine foreman, whose duty it shall be to
    withdraw all individuals from the mine, or portion of the
    mine, until the materials or supplies are received.
    (b) Examination.--The superintendent shall, at least
    once every week, read, examine and countersign all
    reports entered in the mine record book. If the
    superintendent determines that the law is being violated,
    the superintendent shall order the mine foreman to stop
    the violation and ensure compliance with that order.
    Section 221. Qualifications and general responsibility of
    superintendent.
    The following shall apply:
    (1) Beginning one year after the effective date of
    this paragraph, no individual may be appointed as a
    superintendent at any mine in this Commonwealth
    unless the individual holds a current, valid mine foreman
    certificate. In the event that a superintendent is found by
    the department to be in breach of his or her
    responsibilities as superintendent, the department may
    suspend or revoke the superintendent's mine foreman
    certificate.
    (2) No individual may serve as the superintendent
    for more than one mine.

    - 68 -
    (3) The superintendent shall not obstruct the mine
    foreman or other official in the fulfillment of his duties as
    required by this act. The superintendent shall ensure
    that the mine foreman and all other employees of the
    mine comply with the law. The superintendent shall
    immediately respond to a violation of this act upon
    notification by the department. The superintendent shall
    be responsible for all the outside workings and all
    individuals employed at the mine. At a mine where a
    superintendent is not employed, the mine foreman shall
    have all the duties and responsibilities otherwise given
    to the superintendent in addition to the regular duties of
    the mine foreman.
    Section 222. Danger signs.
    The superintendent of every mine shall provide a
    sufficient number of danger signs which the mine
    foreman or the assistant mine foreman shall distribute in
    the mine at places convenient for the use of the mine
    examiners and other officials in the fulfillment of their
    duties. Danger signs in all mines shall be uniform and of
    a design approved by the department. All danger signs
    shall be kept in good condition and no defective sign
    shall be used in any mine.
    Section 223. Supply of record books.
    The superintendent shall keep on hand at the mine a
    supply of the record books required by this act and shall
    ensure that record books are delivered to the proper
    individuals at the mine and that they are properly cared
    for.

    - 69 -
    Section 224. Mapping requirements and surveying
    standards.
    (a) General rule.--The operator or superintendent of
    each mine shall cause to be made by a registered
    mining engineer or registered professional surveyor an
    accurate, professional quality map of the mine, on a
    scale of not less than 200 feet to the inch. At a
    minimum, the map shall show:
    (1) A complete legend identifying all features
    represented on the map and a title block including all
    changes of mine ownership and the dates of those
    changes.
    (2) An accurate delineation of the current extent of
    the workings of the mine and all mines or coal lands, or
    both, inside the permit boundary and all mines or coal
    lands, or both, within 1,000 feet of the outside of the
    permit boundary. The delineation must show all
    workings of all mines above and below the mine within
    the permit boundary and within 1,000 feet of the outside
    of the permit boundary.
    (3) Barrier pillars for all mine workings inside the
    permit boundary and all mine workings adjacent to the
    permit boundary.
    (4) Two permanent baseline points coordinated with
    the underground and surface traverse points, and two
    permanent elevation benchmarks referencing mine
    elevation surveys. The baseline points and elevation
    benchmarks shall be prepared using the Pennsylvania
    State Plan Coordinate System (NAD83 Datum). In the
    alternative, the map shall include coordinate

    - 70 -
    transformation equations converting the baseline points
    shown to correlate to the Pennsylvania State Plan
    Coordinate System.
    (5) All openings, excavations, shafts, slopes, drifts,
    tunnels, entries, crosscuts, rooms, boreholes and all
    other excavations, including surface pits and auger
    holes in each seam.
    (6) Areas where the pillars or longwall panels have
    been removed.
    (7) The name or number of each butt, room and
    section, if available.
    (8) Ventilation controls, air splits and the direction of
    air currents using arrows.
    (9) USGS elevation at the top and bottom of each
    shaft, slope, drift and borehole.
    (10) Bottom of coal elevations, taken at intervals not
    to exceed 300 feet apart, in one entry of each section
    and in one entry of each set of rooms off such sections.
    (11) Bottom of coal elevations taken in the last open
    crosscut of all sections and each set of rooms off such
    section before they are abandoned.
    (12) Elevation contour lines at whole number ten-
    foot increments, unless the seam is steeply pitching,
    after which it may be 25-foot intervals.
    (13) The number or designation of each survey
    station and the date of the last survey in the entries, as
    they are represented on the map.

    - 71 -
    (14) The location and elevation of any body of water
    dammed or held back in any portion of the mine, giving
    the volume in gallons of the body of water.
    (15) The location of streams, rivers, lakes, dams or
    any other bodies of water on the surface, with their
    surface elevations accurately and plainly marked.
    (16) The location of permanent surface features
    such as railroad tracks, public highways, permanent
    buildings and oil and gas wells.
    (17) All seals and bulkheads within the mine.
    (b) Accuracy standards.--The following accuracy
    standards must be met:
    (1) A minimum elevation closure of plus or minus
    one foot per 5,000 feet is required.
    (2) Mine traverse, advanced by closed loop method
    of survey or other equally accurate method of traversing.
    Minimum angular and coordinate ties for raw data would
    be an angular tie of less than one minute and a
    coordinate time of greater than 1 to 10,000 for any given
    closed loop survey.
    (c) Surveying standards.--The extent of surveying
    shown on the map shall be acceptable where the
    following minimum underground surveying standards
    are met:
    (1) Every entry must be surveyed at intervals not to
    exceed 300 lineal feet. Survey station spads shall be
    established in each entry of all mains, sections, butts,
    rooms and other excavations. Survey lines may extend
    from adjacent entries as long as the interval between

    - 72 -
    survey station spads within an entry does not exceed
    300 lineal feet. Continuous survey lines must be
    maintained in at least one entry.
    (2) Lateral take-ups, left and right, must be taken in
    every entry at all intersections and must denote the
    location of all intersections and define the corners and
    the location of the rib line within each entry. For any
    excavation greater than 20% from the planned
    excavation, additional lateral take-ups must be taken to
    define this area. All of the information must be
    accurately portrayed on the mine map.
    (3) All workings not surveyed and taken from a
    working map or other unofficial record shall be shown on
    the map with dashed lines. The legend shall identify that
    these areas have not been surveyed.
    (4) A survey station spad is required to be within
    300 feet of the deepest penetration of the final faces of
    each mining section, butt or room. The number or
    designation of the last survey station spad and the date
    of such survey of the entries are to be shown on the
    mine map. The area from this spad to the face will be
    considered surveyed, provided that lateral and face
    take-ups have been completed and recorded in the field
    book and shown on the mine map. Field books shall be
    available for inspection. If lateral and face take-ups are
    not completed, the area inby the last survey station spad
    must be identified on the map with dashed lines. The
    survey station spads located in each mining section, butt
    or room shall be tied to a check survey station.
    (5) Check survey stations shall be advanced to
    within 300 feet of the deepest penetration of all mains,

    - 73 -
    submains, sections and butts. Check survey stations
    shall be advanced to within 600 feet of the deepest
    penetration of all rooms.
    (6) Check survey stations shall be advanced to
    within 100 feet of the deepest penetration of all mining
    sections, butts, rooms and excavations adjacent to the
    permit or property boundary lines.
    (d) Verification.--Prior to each area's being sealed, the
    operator or superintendent shall verify in writing that the
    map of the sealed area meets the requirements of this
    act. To the extent that any areas in the mine cannot be
    surveyed, these areas shall be indicated on the map.
    Section 225. Availability of copy of map.
    A true copy of the map made pursuant to section 224
    shall be kept in the mine office for the use of the mine
    officials and department, and for the inspection, in the
    presence of the superintendent or mine foreman, of any
    individual working in the mine, or of authorized
    representatives of the employees of the mine, whenever
    the individual or representative fears that any working
    place is becoming dangerous by reason of its proximity
    to other workings that may contain dangerous
    accumulations of water or noxious gases.
    Section 226. Excavations on map.
    At least once every six months, the operator or
    superintendent of every mine shall cause to be shown
    accurately on the original map of the mine, and on the
    copy of the map in the mine office, all the excavations

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    made during the time that elapsed since the excavations
    were last shown.
    Section 227. Furnishing copies of maps.
    A copy of the mine map shall be furnished every six
    months to the department. When more than one seam
    of coal is being worked in any mine, the department
    shall be provided with a separate copy of the original
    map of the complete workings of each seam as provided
    for under this act. The copies shall remain in the care of
    the department. When one mine is working a seam of
    coal under another mine that is working an overlying
    seam and the two mines are operated by different
    operators, the operators shall exchange with each other
    copies of their respective mine maps, showing such
    portions of their respective mines as may be directly
    above or below the other mine.
    Section 228. Duties upon abandonment of mine.
    (a) General rule.--If a mine is inactive for a period of
    60 days or more or if the operator intends to cease
    ventilation of the mine, the operator or the
    superintendent shall notify the department at once and
    shall, within 60 days, extend the official map to show
    clearly all worked-out or abandoned territory with all
    excavations, property and boundary lines, elevations
    and map features as required under this act or, if the
    workings are not accessible, provide a copy of the most
    recent map available that is clearly marked to state that
    the workings shown were not surveyed. The owner or
    operator of the mine shall also, within 45 days after its
    change in status, send to the department a tracing, print

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    or digital map in a format acceptable to the department
    of the complete original map. The registered mining
    engineer or registered surveyor shall certify that the
    tracing, print or digital map is a true and correct copy of
    the original map of the mine and that the original map is
    a true, complete and correct map and survey of all the
    excavations made in the inactive or abandoned mine. A
    dated statement signed by a company or corporate
    officer stating that the map represents a complete and
    accurate representation of all underground excavations
    and is the final map of the mine, or stating that the map
    provided is not a surveyed final map due to
    inaccessibility of the workings, shall be included.
    (b) Violation.--If the operator, superintendent or
    company or corporate officer fails to provide the certified
    final map or recklessly or intentionally submits an
    inaccurate certified map, the violation shall be a felony
    subject to prosecution under section 505. Costs incurred
    by the Commonwealth as a result of a violation of this
    subsection may be recovered as restitution.
    Section 229. Survey by department.
    If the department has reasonable cause to believe
    that a map of any mine furnished under the provisions of
    this act is inaccurate or imperfect, the department may
    require the operator to make a survey and a new map of
    the mine.
    Section 230. Ventilation requirements.
    (a) General rule.--The operator or superintendent of a
    mine shall provide and maintain ample means of
    ventilation to furnish a constant and adequate supply of

    - 76 -
    pure air for the employees. The quantity and velocity of
    the current of air shall be sufficient to dilute so as to
    render harmless and carry away flammable or harmful
    gases.
    (b) Specification.--The quantity of air reaching the last
    open crosscut in any pair or set of entries shall not be
    less than 9,000 cubic feet per minute. All active
    underground work areas in a mine shall be ventilated by
    a current of air containing not less than 19.5% oxygen
    and not more than .5% carbon dioxide and no harmful
    quantities of other noxious or poisonous gases.
    (c) Ventilating belt entries.--A belt conveyor entry shall
    be isolated from the adjacent entries.
    (1) The following requirements apply:
    (i) The quantity of air traveling in the belt
    conveyor shall be kept to the minimum quantity
    necessary for effective ventilation by means of
    permanent stoppings and regulators.
    (ii) The belt conveyor entry shall be provided with
    a separate split of intake air.
    (iii) The belt conveyor entry shall provide an
    intake escapeway to the main air current.
    (2) If an operator proposes to use entries in
    common with the belt conveyor entry, the operator must
    submit a plan to and obtain approval by the department
    that addresses the following criteria:
    (i) The belt conveyor is cleaned and maintained
    to minimize float dust in the common entries.

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    (ii) Stoppings and regulators are arranged to
    reduce the quantity of air traveling in the belt and
    common entries to a minimum for effective ventilation of
    the belt and common entries and to provide an intake air
    split as an escapeway to the main air current.
    (iii) Fire protection is installed and maintained on
    all belt conveyors in compliance with appropriate
    standards.
    (iv) There is an early warning fire detection
    system and carbon monoxide (CO) or smoke sensors
    that meet the requirements of 30 CFR § 75.351 (relating
    to atmospheric monitoring systems). The spacing of the
    CO/smoke sensors shall not exceed 1,000 feet. The belt
    air velocity shall be a minimum of 50 fpm or CO/smoke
    sensor spacing shall be reduced to provide an adequate
    alarm time not to exceed 20 minutes. The CO/smoke
    sensors shall be set to alarm at the lowest practicable
    setting and be positioned in the ventilation current to
    provide the most effective detection.
    (v) The number of common entries may not
    exceed three entries, including the belt entry.
    (vi) Development for common entries is designed
    to be at a lower ventilation pressure than the main
    intake escapeway.
    (vii) If a condition develops that causes the belt
    and common entries to be at a higher ventilation
    pressure than the main intake escapeway, efforts are
    undertaken to immediately correct the condition. If the
    condition cannot practicably be corrected, the mine
    operator must notify the department of the condition, the
    specific cause, the area affected and the steps that will

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    be taken to maintain the pressure in the belt and
    common entries at the lowest attainable level.
    (viii) When the belt ventilation current travels
    away from the working section, no ignition sources,
    except equipment necessary to maintain the escapeway
    and personnel carriers, shall be permitted in the intake
    escapeway unless CO/smoke sensors that meet
    Federal fire detection standards are installed in the
    intake escapeway. Equipment operated in the intake
    escapeway shall be equipped with an automatic fire
    suppression system, or comply with 30 CFR §
    75.380(f)(4) (relating to escapeways; bituminous and
    lignite mines). CO detectors shall give an audible alarm
    over the mine communication system. The alarm shall
    indicate the conveyor belt flight where the alarm
    occurred. Both visual and audible alarm signals must
    automatically be provided at all affected working
    sections and affected areas where mechanized mining
    equipment is being installed or removed and on the
    surface at a monitored location. Two-way underground
    communications shall be maintained between the
    monitored surface location and all underground working
    sections and areas where mechanized mining
    equipment is being installed or removed.
    (ix) A copy of the mine's federally approved
    firefighting and evacuation plan is included with the plan.
    (d) Actions to detect and respond to excess
    methane.--The following actions are required to detect
    and respond to excess methane:

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    (1) Location of tests. Tests for methane
    concentrations under this section shall be made at least
    12 inches from the roof, face, ribs and floor.
    (2) Working places and intake air courses.
    (i) When 1% or more methane is present in a
    working place or an intake air course, including an air
    course in which a belt conveyor is located or in an area
    where mechanized mining equipment is being installed
    or removed:
    (A) Except intrinsically safe atmospheric
    monitoring systems (AMS), electrically powered
    equipment in the affected area shall be deenergized and
    other mechanized equipment shall be shut off.
    (B) Changes or adjustments shall be made
    immediately to the ventilation system to reduce the
    concentration of methane to less than 1%.
    (C) No other work shall be permitted in the
    affected area until the methane concentration is less
    than 1%.
    (ii) When 1.5% or more methane is present in a
    working place or an intake air course, including an air
    course in which a belt conveyor is located or in an area
    where mechanized mining equipment is being installed
    or removed:
    (A) Except for Federal or State mine
    inspectors, the mine foreman or assistant mine foreman
    or individuals authorized by the mine foreman or
    assistant mine foreman, all individuals shall be
    withdrawn from the affected area.

    - 80 -
    (B) Except for intrinsically safe AMS,
    electrically powered equipment in the affected area shall
    be disconnected at the power source.
    (3) Return air split.
    (i) When 1% or more methane is present in a
    return air split between the last working place on a
    working section and where that split of air meets another
    split of air or the location at which the split is used to
    ventilate seals or worked-out areas, changes or
    adjustments shall be made immediately to the
    ventilation system to reduce the concentration of
    methane in the return air to less than 1%.
    (ii) When 1.5% or more methane is present in a
    return air split between the last working place on a
    working section and where that split of air meets another
    split of air or the location where the split is used to
    ventilate seals or worked-out areas, except for Federal
    or State mine inspectors, the mine foreman or assistant
    mine foreman or individuals authorized by the mine
    foreman or assistant mine foreman, all individuals shall
    be withdrawn from the affected area.
    (iii) Other than intrinsically safe AMS, equipment
    in the affected area shall be deenergized, electric power
    shall be disconnected at the power source and other
    mechanized equipment shall be shut off.
    (iv) No other work shall be permitted in the
    affected area until the methane concentration in the
    return air is less than 1%.

    - 81 -
    (4) Return air split alternative.
    (i) The provisions of this paragraph may apply if:
    (A) The quantity of air in the split ventilating the
    active workings is at least 27,000 cubic feet per minute
    in the last open crosscut or the quantity specified in the
    approved ventilation plan, whichever is greater.
    (B) The methane content of the air in the split is
    continuously monitored during mining operations by an
    AMS that gives a visual and audible signal on the
    working section when the methane in the return air
    reaches 1.5% and the methane content is monitored as
    specified in the approved ventilation plan.
    (C) Rock dust is continuously applied with a
    mechanical duster to the return air course during coal
    production at a location in the air course immediately
    outby the most inby monitoring point.
    (ii) When 1.5% or more methane is present in a
    return air split between a point in the return opposite the
    section loading point and where that split of air meets
    another split of air or where the split of air is used to
    ventilate seals or worked-out areas:
    (A) Changes or adjustments shall be made
    immediately to the ventilation system to reduce the
    concentration of methane in the return air less than
    1.5%.
    (B) Except for Federal or State mine
    inspectors, the mine foreman or assistant mine foreman
    or individuals authorized by the mine foreman or

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    assistant mine foreman, all individuals shall be
    withdrawn from the affected area.
    (C) Except for intrinsically safe AMS,
    equipment in the affected area shall be deenergized,
    electric power shall be disconnected at the power
    source and other mechanized equipment shall be shut
    off.
    (D) No other work shall be permitted in the
    affected area until the methane concentration in the
    return air is less than 1.5%.
    (e) Changes and Adjustments in Ventilation.--
    (1) If either the concentration of methane in a
    bleeder split of air immediately before the air in the split
    joins another split of air, or in a return air course other
    than as described in subsection (d)(3) and (4), contains
    methane gas in an amount of 2% or greater as detected
    by an approved gas detection device, changes or
    adjustments shall be made immediately in the ventilation
    in the mine so that returning air contains less than 2% of
    methane gas.
    (2) When 2% of methane is exceeded beyond the
    mixing point with another split in the main return, the
    operator shall submit a written plan to abate the problem
    to the department for approval.
    (f) Submittal of detailed ventilation plan to
    department.--
    (1) A mine operator shall submit a detailed
    ventilation plan and any addendums to the department
    for review and comment. The mine operator shall review
    the plan with the department and address concerns to

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    the extent practicable. The department shall submit any
    concern that is not addressed to MSHA through
    comments to the plan. The mine operator shall provide a
    copy of the plan to the department and the
    representative of the miners, if applicable, ten days prior
    to the submittal of the plan to MSHA.
    (2) The operator shall give the department a copy of
    the MSHA-approved plan and any addendums as soon
    as the operator receives the approval.
    (3) In the event of an unforeseen situation requiring
    immediate action on a plan revision, the operator shall
    submit the proposed revision to the department and the
    representative of the miners when the proposed revision
    is submitted to MSHA. The department shall work with
    the operator to review and comment on the proposed
    plan revision to MSHA as quickly as possible.
    (4) Upon approval by MSHA, the plan is
    enforceable by the department.
    Section 231. Crosscuts and stoppings.
    (a) Maximum distance.--
    (1) The distance driven to establish ventilation
    connections between entries or rooms shall not exceed
    200 linear feet. Where adequate ventilation is provided,
    the entry or room may be driven in conjunction with the
    new air connection, provided that the distance to either
    face does not exceed 200 linear feet when the new air
    connection is established.
    (2) In no case shall any place be driven a total of
    more than 200 linear feet unless ventilation connections

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    have been established, except as provided under this
    act.
    (3) Where adequate ventilation can be provided, the
    department may give written permission to authorize a
    greater distance.
    (b) Closure of crosscuts.--Crosscuts between intakes
    and return air courses shall be closed, except the one
    nearest the face. Crosscuts between rooms shall be
    closed, where necessary or when required by the
    department, to provide adequate ventilation at the
    working face.
    (c) Air connections.--Where practicable, an air
    connection shall be provided at or near the face of each
    entry or room before the place is abandoned.
    (d) Excavations.--Excavations shall not exceed 18
    feet in depth, unless permission is obtained from the
    department to drive a greater distance beyond the last
    open crosscut, if such excavations are kept free of
    accumulations of methane by use of line brattice or
    other adequate means.
    (e) Construction materials of stoppings.--A permanent
    stopping shall be built of solid, substantial,
    incombustible material, including, but not limited to,
    concrete, concrete blocks, bricks, steel or tile, provided
    that, where physical conditions exist because of caving
    that makes the use of concrete, concrete blocks, brick,
    steel or tile impracticable, timber laid longitudinally skin-
    to-skin or an approved substitute may be used. A
    temporary stopping may be erected in cut-throughs near
    the working face. A stopping shall be reasonably airtight.

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    (f) Building and maintenance.--A permanent stopping
    or other permanent ventilation control device shall be
    built and maintained as follows:
    (1) Between intake and return air courses, except
    temporary controls may be used in rooms that are 600
    feet or less from the centerline of the entry from which
    the room was developed, including where continuous
    face haulage systems are used in the rooms. Unless
    otherwise approved in the ventilation plan, the stopping
    or control shall be maintained to and including the third
    connecting crosscut outby the working face.
    (2) To separate belt conveyor haulageways from
    intake air courses when the air in the intake air courses
    is used to provide air to active working places, except
    temporary ventilation controls may be used in rooms
    that are 600 feet or less from the centerline of the entry
    from which the rooms were developed, including where
    continuous face haulage systems are used in the rooms.
    When continuous face haulage systems are used, a
    permanent stopping or other device shall be built and
    maintained to the outby most point of travel of the dolly
    or 600 feet from the point of deepest penetration in the
    conveyor belt entry, whichever distance is closer to the
    point of deepest penetration, to separate the continuous
    haulage entry from the intake entries.
    Section 232. Overcasts and undercasts.
    (a) Arrangement of ventilation.--Ventilation shall be so
    arranged by means of air locks, overcasts or undercasts
    that the passage of trips or individuals along the entries
    will not cause interruptions of the air current. In face

    - 86 -
    areas where it is impracticable to install air locks, single
    doors may be used with the permission of the
    department. An air lock shall be ventilated sufficiently to
    prevent accumulations of methane in it.
    (b) Doors.--
    (1) A door controlling ventilation shall be kept
    closed, except when men or equipment are passing
    through the doorway. Motor crews and other individuals
    who open a door shall see that the door is closed before
    leaving it.
    (2) It shall be unlawful for an individual to knowingly
    leave a door or a check-curtain open.
    (c) Hanging of doors.--A door controlling ventilation
    shall be hung in such a manner as to be self-closing.
    (d) Construction materials.--Overcasts and
    undercasts shall be constructed tightly of incombustible
    material, such as masonry, concrete, concrete blocks or
    fire-resistant prefabricated material of sufficient strength
    to withstand possible falls from the roof. Overcasts and
    undercasts shall be of ample area to pass the required
    quantity of air and shall be kept clear of obstructions.
    Section 233. Line brattice.
    (a) General rule.--Substantially constructed line
    brattice shall be used from the last open crosscut of an
    entry or room when necessary or required by the
    department to provide adequate ventilation for the
    workmen and to remove gases and explosive fumes.
    When damaged by falls or otherwise, line brattice shall
    be repaired promptly.

    - 87 -
    (b) Spacing.--The space between the line brattice and
    the rib shall be large enough to permit the flow of a
    sufficient volume of air to keep the working face clear of
    flammable and noxious gases.
    (c) Construction material.--Brattice cloth used
    underground shall be constructed of approved flame-
    resistant material.
    Section 234. Auxiliary blowers and fans.
    (a) Procedure.--
    (1) The operator of a mine who desires to use in the
    mine an auxiliary blower or exhaust fan shall submit to
    the department a ventilation plan showing the proposed
    use of the auxiliary blower or exhaust fan.
    (2) The department shall review the plan and take
    one of the following actions:
    (i) Approve the plan.
    (ii) Request additional information.
    (iii) Disapprove the plan and set forth in writing its
    reasons for the disapproval.
    (3) In approving a plan, the department shall require
    that an auxiliary blower or exhaust fan shall be:
    (i) Powered by an approved motor when installed
    underground.
    (ii) Operated continuously while any work is being
    performed in the area being ventilated by the blower or
    fan.
    (iii) Be so placed that recirculation of the air is not
    possible.

    - 88 -
    (b) Time period for review.--The department shall
    approve or disapprove a plan within 60 days after being
    initially submitted by the operator.
    Section 235. Unused and abandoned parts of mines.
    An area that is not sealed shall be ventilated. Return
    air may be used to ventilate the area. The department
    shall approve a ventilation plan for an abandoned,
    unused or sealed part of a mine.
    Section 236. Sewage dumping prohibited.
    If any individual shall construct or cause to be
    constructed for use after the effective date of this
    section a sewer or other method of drainage from a
    building or dwelling house for the carrying of sewage,
    offal, refuse or other offensive matter into any portion of
    an operating or abandoned mine, the individual commits
    a misdemeanor of the third degree.
    Section 237. Fans.
    (a) General rule.--The ventilation of a mine that
    extends more than 200 feet underground and is opened
    after the effective date of this section shall be produced
    by a mechanically operated fan or fans. The fan or fans
    shall be kept in continuous operation unless written
    permission to do otherwise is granted by the
    department.
    (b) Location.--Except as otherwise provided under
    subsection (c), a main fan shall be:

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    (1) Located on the surface in fireproof housing
    offset not less than 15 feet from the nearest side of the
    mine opening.
    (2) Equipped with fireproof air ducts provided with
    explosion doors or a weakwall.
    (3) Operated from a separate power circuit.
    (c) Exception.--In lieu of the requirements for the
    location of fans and pressure-relief facilities, a fan may
    be directly in front of or over a mine opening if:
    (1) The opening is not in direct line with possible
    forces coming out of the mine if an explosion occurs.
    (2) There is another opening having a weak wall
    stopping or explosion doors that would be in direct line
    with forces coming out of the mine.
    (d) All main fans shall be provided with pressure-
    recording gauges or water gauges.
    (e) Recordkeeping and inspections.--
    (1) A record of the charts shall be kept for one year.
    (2) A daily inspection shall be made of all main fans
    and connected machinery by a competent individual and
    a record kept of the inspection in a book prescribed for
    that purpose.
    (f) Warning of fan interruption.--Approved facilities
    shall be provided at a point or points under observation
    while men are in the mine and shall give warning of an
    interruption to a fan. Where such facilities are not
    provided, an attendant shall be constantly kept on duty
    while individuals are working in the mine.

    - 90 -
    Section 238. Measurement of methane.
    The mine foreman or superintendent shall once each
    week direct and see that the methane content of the
    ventilating current or currents is determined by analyses
    or by an instrument capable of accuracy to .1%. The
    samples or the determinations shall be taken on the
    return end of the air circuit or circuits just beyond the
    last working place, unless otherwise directed by the
    department, and a correct report of these determinations
    shall be promptly furnished to the department. The
    determinations or samples shall be taken on days when
    individuals are working and recorded in a book provided
    for that purpose.
    Section 239. Control of coal dust and rock dusting.
    (a) Method of removal.--
    (1) Dangerous accumulations of fine, dry coal dust
    shall be removed from a mine or neutralized by the
    application of rock dust, and all dry and dusty operating
    sections and haulageways and the back entries for at
    least 1,000 feet outby the first active working place in
    each operating section shall be kept watered down, rock
    dusted or dust allayed by such other methods as may
    be approved by the department.
    (2) A mine or location in a mine that is too wet or
    too high in incombustible content to initiate or propagate
    a coal dust ignition need not be rock dusted during the
    time any of those conditions prevail.
    (3) Coal dust and other dust in suspension in
    unusual quantities shall be allayed by sprinkling or other
    dust allaying or collecting devices.

    - 91 -
    (b) Specifications.--
    (1) In a dry and dusty mine or section thereof, rock
    dust shall be applied and maintained upon the roof, floor
    and sides of all operating sections, haulageways and
    parallel entries connected thereto by open crosscuts.
    Back entries shall be rock dusted for at least 1,000 feet
    out by the junction with the first active working place.
    (2) Rock dust shall be so applied to include the last
    open crosscut of rooms and entries and to within 40 feet
    of the faces. In mines where mining is done by
    continuous-type mining machinery, the distances from
    the face to which rock dust shall be applied shall be the
    mining distance for one shift if:
    (i) The active working place shall be kept from
    damp to wet.
    (ii) After coal production on any shifts has
    ceased, an application of rock dust shall be made in the
    exposed area to within 40 feet of the face before
    additional mining is performed in the area.
    (3) Rock dust shall be maintained in such quantity
    that the incombustible content of the mine dust shall not
    be less than 65%.
    (c) Composition of rock dust.--Rock dust shall not
    contain more than 5% by volume of quartz or free silica
    particles and shall be pulverized so that 100% will pass
    through a 20-mesh screen and 70% or more will pass
    through a 200-mesh screen.

    - 92 -
    Section 240. Instruction of employees and examination
    of working areas.
    (a) General rule.--The mine foreman or assistant mine
    foreman shall ascertain that all workmen are trained in
    the proper methods of testing roof, face and ribs. The
    mine foreman shall designate the tool or tools to be
    used for testing. Employees whose work exposes them
    to hazards or falls of roof and coal shall thoroughly test
    the roof, face and ribs before starting to work or before
    starting a machine, and frequently thereafter.
    (b) Examination for date marks.--A miner shall
    examine his place to determine whether the mine
    examiner has left the date marks indicating his
    examination thereof. If date marks cannot be found, the
    miner shall notify the mine foreman or assistant mine
    foreman of that fact.
    (c) Correction of unsafe roof, face or rib conditions.--
    (1) If roof, face or rib conditions are found to be
    unsafe, they shall be corrected by taking down loose
    material or shall be securely supported before work is
    started.
    (2) If roof, face or rib conditions are found to be
    unsafe and normal taking down or supporting practices
    cannot correct the unsafe condition, the place shall be
    vacated and guarded or a danger sign erected to
    prevent unauthorized entrance and the certified mine
    official in charge promptly shall be notified. Only
    individuals capable of correcting the dangerous
    condition may be delegated to do such work.

    - 93 -
    (3) The certified mine official in charge shall
    examine for unsafe conditions and the roof, faces, ribs
    and timbers or supports of all working places each time
    they visit a place. Unsafe conditions found shall be
    corrected promptly. All employees shall notify the mine
    foreman or assistant mine foreman of an unsafe
    condition in the mine when the condition is known to
    them.
    Section 241. Roof support.
    (a) General rule.--The roof in an underground area
    shall be supported as necessary for the protection of the
    employees and equipment. A roof control plan suitable
    to the roof conditions of each mine or part of a mine
    shall be adopted and complied with by the operator. The
    department shall be notified of the adoption of the plan
    of roof support, shall review the plan and:
    (1) approve it;
    (2) request additional information; or
    (3) disapprove the plan and state in writing its
    reason for the disapproval.
    (b) Roof support plans to be posted.--Workmen
    whose work involves roof support shall be informed of
    approved roof support plans and the plans shall be
    posted. Additional roof supports shall be used when and
    where necessary.
    (c) Periodic revision and update of roof control plan.--
    Every mine operator shall revise and update the roof
    control plan every six months or more frequently if
    required to do so by the department. A copy of the plan

    - 94 -
    shall be provided to the representative of the miners ten
    days prior to submitting it to the department for review
    and comment.
    Section 242. Authorized explosives.
    Permissible explosives, approved breaking devices or
    approved blasting devices shall be used in underground
    mines.
    Section 243. (Reserved).
    Section 244. Underground storage of explosives.
    (a) Placement.--Explosives and detonators stored
    underground shall be:
    (1) Kept in section boxes or magazines of
    substantial construction with no metal exposed on the
    inside.
    (2) Located at least 25 feet from roadways and
    power wires in a well-rock-dusted location protected
    from falls of roof.
    (b) Separation.--If not kept in separate boxes or
    magazines not less than five feet apart, the explosives
    and detonators may be kept in the same box or
    magazine if separated by at least a four-inch hardwood
    partition or the equivalent. The boxes or magazines
    shall be kept at least 300 feet from the faces and out of
    the direct line of blasting and shall be installed outby the
    last permanent stopping and on intake air.

    - 95 -
    Section 245. Preparation of shots, blasting practices and
    multiple shooting.
    (a) Requirements.--
    (1) Only certified shot-firers shall be permitted to
    handle explosives and conduct blasting.
    (2) Only electric detonators of proper strength fired
    with approved shot-firing units shall be used, and
    drillholes shall be solidly stemmed with at least 24
    inches of incombustible material or at least one-half of
    the length of the hole shall be solidly stemmed if the
    hole is less than four feet in depth unless other
    approved stemming devices or methods are used.
    (3) Drillholes shall be of ample size and shall not be
    drilled beyond the limits of the cut, and, as far as
    practicable, cuttings and dust shall be cleaned from the
    holes before the charge is inserted. Charges of
    explosives exceeding one and one-half pounds shall be
    used only if drillholes are six feet or more in depth.
    (4) Ample warning shall be given before shots are
    fired, and care shall be taken to determine that all
    individuals are in the clear before firing. Individuals shall
    be removed from adjoining areas and other areas when
    there is danger of shots blowing through.
    (5) No shots shall be fired:
    (i) In any area until the area has been properly
    examined by the shot-firer.
    (ii) In any area where 1% of gas is detected by an
    approved gas detection device.

    - 96 -
    (6) After firing any shot, the shot-firer shall make a
    careful examination of the work area before leaving the
    area or before performing any other work in the area.
    (b) Plan to be submitted to department.--An operator
    of a mine who desires to conduct multiple shooting shall
    submit to the department for approval a plan indicating
    the manner and details proposed to engage in multiple
    shooting.
    (c) Prohibitions.--
    (1) While boreholes are being charged, electrical
    equipment shall not be operated in the work area, and
    only work in connection with roof support and general
    safety shall be performed. Shots shall be fired promptly
    after charging.
    (2) Mudcaps, adobes or any other unconfined shots
    shall not be permitted in any bituminous coal mine.
    (3) No solid shooting shall be permitted without
    approval from the department. Where solid shooting is
    practiced, blasting holes shall be stemmed the full
    length of the hole.
    (d) Blasting and shooting cables.--
    (1) Blasting cables shall be well-insulated and shall
    be at least 125 feet in length to permit individuals
    authorized to fire shots to get in a safe place out of the
    line of blasting.
    (2) Shooting cables shall be kept away from power
    wires and all other sources of electric current, connected
    to the leg wires by the individual who fires the shot,
    staggered as to length or well-separated at the

    - 97 -
    detonator leg wires and shunted at the battery end until
    ready to connect to the blasting unit.
    (3) Detonator leg wires shall be kept shunted until
    ready to connect to the blasting cable.
    Section 246. Transportation of explosives.
    (a) Construction of containers.--
    (1) Individual containers used to carry permissible
    explosives or detonators shall be constructed of
    substantial, nonconductive materials approved by the
    department, kept closed and maintained in good
    condition. When explosives or detonators are
    transported underground in cars moved by means of
    powered haulage equipment, they shall be in cars
    having a substantial covering or in special substantially
    built covered containers used specifically for
    transporting detonators or explosives.
    (2) Explosives or detonators shall not be hauled into
    or out of the mine within five minutes preceding or
    following individuals being transported.
    (b) Prohibitions.--
    (1) Neither explosives nor detonators shall be
    transported on flight or shaking conveyors, mechanical
    loading machines, locomotives, scrapers, cutting
    machines, drill trucks or any self-propelled mobile
    equipment.
    (2) No shot-firer shall carry into or have delivered to
    him any larger quantity of explosives or detonators than
    the shot-firer may reasonably expect to use in any one
    shift.

    - 98 -
    (c) Separation of explosives and detonators.--If
    explosives and detonators are transported in the same
    explosives car or in the same special container, they
    shall be separated by at least four inches of hardwood
    partition or the equivalent. The bodies of the cars or
    containers shall be constructed or lined with
    nonconductive material.
    Section 247. Electrical shot-firing.
    Electricity from any grounded circuit shall not be used
    for firing shots.
    Section 248. General shot-firing rules.
    (a) Ignited gas.--When gas is ignited by a blast or a
    fire occurs, the shot-firer shall immediately extinguish it,
    if possible, and if unable to do so shall immediately
    notify the mine foreman of the fact and warn other
    individuals in the vicinity who might be endangered.
    (b) Shot-firer to provide notice to others.--When a
    shot-firer is about to fire a blast, he shall notify all
    individuals who may be endangered and shall give
    sufficient alarm so that any individual approaching may
    be warned of the danger.
    (c) Construction of charging and tamping tools.—All
    charging and tamping tools shall be constructed of non-
    sparking materials.
    (d) Disconnection from electricity.--Immediately after
    the firing of a shot, the firing leads shall be disconnected
    from the supply or source of electricity and shunted.

    - 99 -
    (e) Preconditions to firing machine or battery.--No
    firing machine or battery shall be connected to the shot-
    firing leads unless:
    (1) All other steps preparatory to the firing of a shot
    have been completed.
    (2) All individuals have been moved to a place of
    safety.
    (3) No individual other than the shot-firer has made
    the connection.
    (f) Firing machine or battery in possession of shot-
    firer.-- The shot-firer shall keep the firing machine or
    battery in his possession at all times while blasting.
    (g) Testing of blasting devices.--Frequent tests shall
    be made of all blasting devices to see that their capacity
    has not been decreased by use or accident.
    (h) Examinations for gas.--The shot-firer shall
    examine the place for gas and other dangers before and
    after firing each shot or blast.
    Section 249. Hoisting equipment and operations.
    (a) General duties of operator or superintendent.--
    (1) The operator or superintendent of a bituminous
    coal mine worked by shaft shall provide and maintain:
    (i) A telephone or other means of communication
    from the top to the bottom and intermediate landings of
    the shaft.
    (ii) A standard means of signaling.

    - 100 -
    (iii) An effective safety catch, bridle chains,
    automatic stopping device and automatic overwind.
    (iv) A sufficient cover on every cage used for
    lowering or hoisting individuals.
    (v) An effective safety gate at the top of the cage
    shaft and intermediate landings controlled by the cage.
    (vi) An adequate brake on the drum of every
    machine used to lower or hoist individuals in the shaft.
    (2) The operator shall have the machinery used for
    lowering and hoisting individuals into or out of the mine
    kept in safe condition and equipped with a reliable
    indicator. Cages and elevators shall be inspected once
    in each 24 hours by a competent individual of the
    company or by a manufacturer's representative and a
    safety catch test made every two months, a record kept
    thereof and a copy sent to the department.
    (3) (i) Where a hoisting engineer is required, he
    shall be readily available at all times when individuals
    are in the mine. The hoisting engineer shall operate the
    empty cage up and down the shaft at least one round
    trip at the beginning of each shift, after material has
    been lowered or hoisted and after the hoist has been
    idle for one hour or more before hoisting or lowering
    individuals.
    (ii) Subparagraph (i) shall not apply to elevators
    used exclusively for hoisting and lowering individuals.
    (4) There shall be cut out around the side of the
    hoisting shaft, or driven through the solid strata at the
    bottom thereof, a travelingway not less than five feet

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    high and three feet wide to enable an individual to pass
    the shaft in going from one side to the other without
    passing over or under the cage or other hoisting
    apparatus.
    (5) Positive stop blocks or derails shall be placed
    near the top and bottom, at all intermediate landings of
    slopes and surface inclines and at approaches to all
    shaft landings.
    (6) A waiting station with sufficient room, ample
    clearance from moving equipment and adequate seating
    facilities shall be provided where individuals are required
    to wait for man-trips or cages. The individuals shall
    remain in the station until the man-trip or cage is
    available.
    (7) No hoisting engineer shall be required for
    automatically operated cages or elevators.
    (b) Duties of mine foreman.--
    (1) When hoisting or lowering of individuals occurs
    during darkness, at any mine operated by shaft, the
    mine foreman shall provide and maintain, at the shaft
    mouth, a light of stationary character sufficient to show
    the landing and all surrounding objects distinctly and
    sufficient light of a stationary character shall be located
    at the bottom of the shaft so that individuals going to the
    bottom may clearly discern the cages, elevators and
    other objects contiguous thereto.
    (2) The mine foreman shall see that:

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    (i) No cages or elevators on which individuals ride
    are lifted or lowered at a rate of speed greater than 900
    feet per minute.
    (ii) No mine cars, either empty or loaded, are
    hoisted or lowered on cages while individuals are being
    lowered or hoisted.
    (iii) No cage having an unstable self-dump
    platform shall be used for carrying individuals unless the
    cage is provided with some device by which it may be
    securely locked when individuals are being hoisted or
    lowered into the mine.
    (c) Ropes, links and chains.--
    (1) In shafts where coal is hoisted and individuals
    lowered into or hoisted from the mine, the ropes, links
    and chains shall be of ample strength, with a factor of
    safety of not less than five to one of the maximum load.
    (2) In shafts used exclusively for lowering or
    hoisting individuals and material, the factor of safety of
    ropes, links and chains shall not be less than ten to one
    of the maximum load.
    (3) All ropes, links and chains shall be carefully
    examined at least once every 24 hours by a competent
    individual delegated for that purpose by the
    superintendent.
    (4) Any defect found from the examination, by
    which life and limb may be endangered, shall be
    reported at once in writing to the superintendent, who
    shall immediately proceed to remedy the defect. Until
    that is accomplished, the superintendent shall prohibit

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    any individual from being lowered into or hoisted from
    the mine by the defective apparatus.
    (5) The individual making the examination shall
    keep a daily record of each inspection, in ink, in a book
    kept at the mine office for that purpose.
    (d) Cage requirements.--
    (1) (i) The operator or superintendent shall provide
    every cage used for lowering or hoisting individuals with
    handrails at sides or overhead or additional suitable
    devices and with a bar or gate at ends.
    (ii) Subparagraph (i) shall not apply to elevators
    used exclusively for lowering and hoisting individuals.
    (2) The ropes shall be securely attached to the
    sides of the drum of every machine that is used for
    lowering and hoisting individuals or material into and out
    of the mine, and the flanges shall have a clearance of
    not less than four inches when the whole of the rope is
    wound on the drum.
    (e) Signaling system.--
    (1) In all shafts and slopes where individuals, coal
    and other materials are hoisted by machinery, a system
    of signaling approved by the department shall be in
    effect. The following code of signals shall be used:
    (i) One signal to hoist the car or cage.
    (ii) One signal to stop the car or cage when in
    motion.
    (iii) Two signals to lower the car or cage.
    (iv) Three signals to hoist individuals.

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    (2) The hoist operator shall signal back when ready,
    after which the individual shall get on the car or cage
    and then one signal shall be given to hoist.
    Section 250. Bottom person.
    (a) Duties.--At every shaft or slope where individuals
    are lowered into or hoisted from the mine, a bottom
    person, who shall be over 21 years of age, shall be
    designated by the mine foreman. The bottom person
    shall:
    (1) Be on duty when individuals are being hoisted or
    lowered at the beginning and end of each shift.
    (2) Personally attend to the signals and see that the
    provisions of this act in respect to hoisting individuals in
    shafts or slopes are complied with.
    (3) Not allow any tools to be placed on the same
    cage with individuals or on either cage when they are
    being hoisted out of the mine, except for the purpose of
    repairing the shaft or machinery in the shaft. Individuals
    shall place their tools in containers or cars provided for
    that purpose, which containers or cars shall be hoisted
    before or after the individuals have been hoisted.
    (4) Immediately inform the mine foreman of any
    violation.
    (5) Not attempt to withdraw the car until the cage
    comes to a rest.
    (6) When putting the full car on the cage, see that
    the springs or catches are properly adjusted so as to
    keep the car in its proper place, before giving the signal
    to the hoist operator.

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    (b) When bottom person not required.--No bottom
    person shall be required for automatically operated
    cages or elevators.
    Section 251. Number of individuals to be hoisted.
    (a) General rule.--No greater number of individuals
    shall be lowered or hoisted at any one time in any shaft
    or slope than is permitted by the department. Whenever
    the number of individuals returning from work shall
    arrive at the bottom of the shaft or slope in which
    individuals are regularly hoisted or lowered, they shall
    be promptly furnished with an empty cage, car or
    elevator and be hoisted to the surface. In cases of
    emergency, a lesser number than permitted shall be
    promptly hoisted.
    (b) Posting of notice.--A notice of the number
    permitted to be lowered or hoisted at any one time shall
    be posted by the operator or superintendent in
    conspicuous places at the top and bottom of the shaft,
    and the cage or cages or other safe means of egress
    shall be available at all times for the individuals
    employed in any mine that has no second outlet
    available.
    Section 252. Top person.
    (a) Duties.--At every shaft or slope where individuals
    are lowered into or hoisted from a mine, a top person or
    trip rider, who shall be over 21 years of age, shall be
    designated by the superintendent. The top person shall:
    (1) Be on duty when individuals are being hoisted or
    lowered at the beginning and end of each shift.

    - 106 -
    (2) Personally attend to the signals and see that the
    provisions of this act in respect to lowering and hoisting
    individuals in shafts or slopes are complied with. The trip
    rider may also perform this duty.
    (3) Not allow any tools to be placed on the same
    cage with persons or on either cage when persons are
    being lowered into the mine, except for the purpose of
    repairing the shaft or the machinery in the shaft.
    Individuals shall place their tools in containers or cars
    provided for that purpose, which containers or cars shall
    be lowered before or after the individuals have been
    lowered.
    (4) If located on a slope or incline plane, close the
    safety block or other device as soon as the cars have
    reached the landing in order to prevent any loose or
    runaway cars from descending the slope or incline
    plane, and in no case shall the safety block or other
    device be withdrawn until the cars are coupled to the
    rope or chain and the proper signal given.
    (5) Carefully inspect each day all the machinery in
    and about the headframe and the rope used, promptly
    report to the superintendent any defect discovered and
    securely attach the cars to the rope before lowering
    them down the incline.
    (6) Ring the alarm bell in case of an accident and,
    when necessary, immediately set free the drop logs or
    safety switch to act.
    (7) If located in a shaft, see that the springs or
    keeps for the cage rest upon and are kept in good
    working order.

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    (8) When taking off the full car, see that no coal or
    other material falls down the shaft.
    (b) When top person not required--No top person
    shall be required for automatically operated cages or
    elevators.
    (c) Reporting of individuals crowding or pushing.—
    Any individual crowding or pushing to get on or off a
    cage, elevator or car, thereby endangering life, shall be
    reported by any individual to the superintendent, who in
    turn shall report the incident to the department for
    appropriate action.
    Section 253. Use of competent hoist operators.
    (a) Prohibitions.--
    (1) No operator or superintendent of any bituminous
    coal mine worked by shaft, slope or incline shall place in
    charge of any hoist used for lowering or hoisting
    individuals in the mine hoisting operators who are under
    21 years of age.
    (2) No hoist operator in charge of such machinery
    shall allow any individual, except as may be designated
    for this purpose by the operator or superintendent, to
    interfere with any part of the machinery.
    (3) No individual shall interfere with or intimidate the
    hoist operator in the discharge of the duties of the hoist
    operators.
    (4) No individual shall ride on a loaded cage or car
    in any shaft, slope or incline. This paragraph shall not be
    construed to prevent a trip rider from riding during the
    performance of his authorized duties.

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    (b) Special precautions.--When individuals are being
    lowered or raised, the hoist operator shall take special
    precautions to keep the hoist well under control.
    Section 254. Clearances and shelter holes.
    (a) Specifications for clearances.--
    (1) Track switches, except room and entry
    development switches, shall be provided with properly
    installed throws, bridle bars and guard rails.
    (2) Switch throws and stands, where possible, shall
    be placed on the clearance side.
    (3) Haulage roads shall have a continuous
    unobstructed clearance of at least 30 inches from the
    widest extension of regular coal transportation
    equipment on the clearance side. On haulage roads
    where trolley lines are used, the clearance shall be on
    the side opposite the trolley lines. The clearance space
    on all haulage roads shall be kept free of loose rock,
    coal, supplies or other materials, provided that not more
    than 30 inches need be kept free of such obstructions.
    (4) Ample clearance shall be provided at all points
    where supplies are loaded or unloaded along haulage
    roads or conveyors.
    (b) Specifications for shelter holes.--
    (1) (i) Shelter holes shall be provided on the
    clearance side along designated travelways, which are
    also used as haulage entries, other than belt conveyor
    haulage entries.

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    (ii) Subparagraph (i) shall not apply to face area
    or room haulageways.
    (2) Shelter holes shall be spaced not more than 105
    feet apart unless otherwise approved by the department.
    Shelter holes shall be at least five feet in depth, not
    more than four feet in width, level with the roadway and
    at least four feet in height.
    (3) Crosscuts may be used as shelter holes even
    though their width exceeds four feet and they shall be
    kept clear for a depth of at least six feet.
    (4) Shelter holes shall be kept clear of refuse and
    other obstructions.
    (5) Shelter holes shall be provided at switch throws
    and at manually operated permanent doors.
    Section 255. Underground haulage equipment.
    (a) Maintenance.--Underground haulage equipment
    shall be maintained in a safe operating condition. An
    audible warning device and headlights shall be provided
    on each locomotive and each shuttle car. Rerailing
    devices shall be provided on all locomotives.
    (b) Warnings to be sounded.--Operators of haulage
    equipment shall sound a warning on approaching
    curves, intersections, doors, curtains, manway crossings
    or any other location where individuals are likely to
    travel.
    Section 256. Operation of haulage equipment.
    (a) Duties of motormen and trip riders.--Motormen and
    trip riders shall:

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    (1) Use care in handling locomotives and cars.
    (2) See that the entire trip is coupled before
    starting.
    (3) See that there is a conspicuous light or other
    device approved by the department, properly
    maintained, on the front and rear of each trip or train of
    cars when in motion.
    (b) Prohibitions.--
    (1) No individual shall ride on locomotives unless
    granted permission by the mine foreman.
    (2) No individual shall ride on any loaded car or on
    the outside of any car.
    (3) No motorman or trip rider shall get on or off a
    locomotive while it is in motion.
    (4) No individual shall fly or run switches or ride on
    the front bumper of a car. Back poling shall be permitted
    only to the nearest turning point or when going up
    extremely steep grades and then only cautiously and at
    slow speed. The operator of a shuttle car shall face in
    the direction of travel except during the loading
    operation when he may face the loading machine.
    (c) Duties of motormen.--Motormen shall:
    (1) See that properly maintained safety devices are
    placed on the last car of any trip being hauled upgrade,
    as designated by the mine foreman and approved by the
    department, on the front and rear of each trip or train of
    cars when in motion.

    - 111 -
    (2) Inspect locomotives and report any mechanical
    defects found to the proper mine official prior to
    operation. The locomotive may not be operated until the
    defects are corrected.
    (3) If there is reason to leave a trip, see that the trip
    is left in a safe place, secure from cars, locomotives or
    other dangers and where it will not endanger the
    operators of other trips or other individuals.
    (d) System of signals, methods or devices.--A system
    of signals, methods or devices shall be used to provide
    protection for trips, locomotives and other equipment
    coming out onto tracks used by other equipment. Where
    a dispatcher is employed to control trips, traffic shall
    move only at his direction.
    Section 257. Trip rider and bottom individual on rope
    haulage.
    (a) Duties of trip rider.--The trip rider shall see that all
    hitchings are safe for use and that the trip is coupled
    before starting. If at any time the trip rider sees any
    material defect in the rope, link or chain, he shall
    immediately remedy the defect or, if he is unable to do
    so, shall detain the trip and report the matter to the mine
    foreman or the assistant.
    (b) Duties of bottom individual.--The bottom individual
    at the bottom of any slope shall see that cars are
    properly coupled to a rope or chain and that the safety
    catch or other device is properly attached to the rear car
    before giving the signal to the hoisting operator. The
    bottom individual shall not allow any individual to ride up
    the slope other than the trip rider.

    - 112 -
    Section 258. Transportation of individuals.
    (a) General rule.--The speed of mantrips shall be
    governed by the mine foreman, and mantrips shall be
    operated at safe speeds consistent with the condition of
    roads and type of equipment used. Each mantrip shall
    be under the charge of a competent individual
    designated by the mine foreman or the assistant mine
    foreman and operated independently of any loaded trip
    of coal or other heavy material, but may transport tools,
    small machine parts and supplies.
    (a.1) Rail as exclusive means of transport.--Where
    transportation of personnel is exclusively by rail, track
    shall be maintained to within 750 feet of the tailpiece on
    the longwall section or the nearest working face on
    development sections. The distance can be extended to
    a distance of up to 1,500 feet if a self-propelled transport
    vehicle with rubber tires is readily available in the
    working section for transportation of sick or injured
    miners.
    (a.2) Variance.--The operator may request in writing
    from the department a variance to permit track distances
    in excess of 1,500 feet. A variance not disapproved
    within 30 days after receipt by the department is
    deemed approved. If a variance is granted, a self-
    propelled transport vehicle with rubber tires shall be
    readily available in the working section for transportation
    of sick or injured miners.
    (b) Prohibition.--No individual shall:
    (1) Ride under the trolley wire unless suitable
    covered mantrips are used.

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    (2) Load or unload before the cars in which they are
    to ride or are riding come to a full stop. Individuals shall
    proceed in an orderly manner to and from mantrips.
    (c) Adequate clearance and proper illumination--
    Adequate clearance and proper illumination shall be
    provided where individuals load or unload mantrips.
    (d) Adequate precautions.--Adequate precautions
    shall be taken so that moving trips and standing cars are
    subject to proper control by derailing or braking devices.
    Section 259. Conveyor belts and conveyor equipment.
    (a) Specifications.--
    (1) Except as otherwise provided under paragraph
    (2) all conveyor entries shall be provided with a
    minimum width and height of not less than four feet for
    travel and, in conveyor entries in which track is installed,
    the minimum amount of clearance width shall not be
    less than two and one-half feet, which clearance width
    shall be continuous throughout the entry.
    (2) In lieu of maintaining four feet of height in
    conveyor entries, a minimum height of three feet and a
    minimum width of four feet may be maintained, provided
    the operator furnishes a mode of conveyance for men
    and material other than on the conveyor. All such travel
    space and clearance space shall be kept free of all
    forms of obstruction underfoot and from electric wires
    and electric cables. A space of not less than four feet in
    width shall be provided for travel from the immediate
    entrance of each working place to the face thereof,
    which space shall be kept free of all forms of obstruction

    - 114 -
    underfoot and free from electric wires and electric
    cables.
    (b) Cross points.--At all points where individuals must
    of necessity cross conveyors, the conveyor at the point
    where the crossing is made shall be so arranged that
    individuals can cross safely and conveniently without
    coming into contact with the conveyor.
    (c) Automatic stop control.--Conveyors shall be
    equipped with an automatic control that will stop the
    driving motor in case of slipping on the drive pulley, and
    the control shall be tested each operating shift to
    ascertain that it is in good operating condition.
    (d) Electric wires and cables.--All electric wires or
    electric cables in completed portions of conveyor entries
    shall be carried on insulators.
    (e) Control lines.--Control lines shall be installed the
    full length of the belt.
    (f) Point type heat sensors.--Point type heat sensors
    shall not be used as the primary type of fire sensors in
    any mine opened more than six months after the
    effective date of this section.
    Section 260. Blowtorches and fuel.
    No blowtorch may be used in a mine.
    Section 261. Oxygen and gas containers.
    (a) General rule.--A substantial insulated container
    provided with a cover and specially designed for safe
    transportation of the cylinders shall be used in

    - 115 -
    transporting oxygen and gas tanks or cylinders in all
    bituminous coal mines.
    (b) Identification.--All oxygen and gas tanks or
    cylinders shall be clearly identified.
    Section 262. Transportation of oxygen and gas.
    (a) General rule.--Transportation of oxygen and gas
    tanks or cylinders shall be permitted on self-propelled
    machinery or belt conveyors specially equipped for safe
    holding of the containers in transportation. In no
    instance shall such transportation be permitted in
    conjunction with any mantrip.
    (b) Marking of empty tanks and cylinders.--Empty
    oxygen and gas tanks or cylinders shall be marked
    "empty" and shall be removed from the mine promptly in
    proper containers. The valve protection caps shall be
    placed on all tanks or cylinders for which caps are
    provided when not in use and when being transported.
    No oxygen and gas tanks or cylinders shall be
    transported with the hoses and gauges attached.
    (c) Identification of tanks and cylinders.--All oxygen
    and gas tanks or cylinders shall be clearly identified.
    Section 263. Storage of oxygen and gas.
    (a) General rule.--All oxygen and gas tanks or
    cylinders shall be properly secured and protected
    against possible damage when stored in and about
    bituminous coal mines. When oxygen and gas tanks or
    cylinders are stored in underground shops or surface
    structures, they shall be protected from damage by
    falling material and secured in an upright position. Not

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    more than a one-week supply of oxygen or gas shall be
    stored in any underground or surface shop. This
    quantity shall be determined in agreement with the
    department.
    (b) Valves and hoses.--The valves on oxygen and gas
    tanks or cylinders shall be closed. The hoses shall be
    removed when not in actual use, except in a properly
    ventilated and protected underground machine shop or
    surface structure. Valves on empty tanks or cylinders
    shall be kept closed.
    Section 264. Use of oxygen and gas.
    (a) General rule.--Oxygen and gas tanks or cylinders
    and their contents must be used solely for their intended
    purposes.
    (b) Training and clothing.--An individual assigned to
    use and work with oxygen or gas shall be properly
    trained and skilled in its use and shall be fully
    conversant with the danger of its misuse. Any individual
    using oxygen or gas in and about a bituminous coal
    mine shall be provided with goggles or shields, and the
    clothing of such individual shall be reasonably free of oil
    and grease.
    (c) Lighting of torches.--Only a safe type of spark-
    lighter shall be used for lighting torches. The use of
    matches, cigarette lighters, electric arcs or hot metal to
    light or relight a torch is prohibited.
    (d) Maintenance.--The oxygen or gas hose lines,
    gauges and similar equipment shall be maintained in
    safe operating condition. Defective tanks, cylinders,
    gauges, hose lines, torches and similar equipment shall

    - 117 -
    be taken out of service upon discovery and shall not be
    put into use until corrected and made safe.
    (e) Multiple units permitted.--
    (1) Multiple units consisting of one gas tank and
    one oxygen tank are permitted in a working section
    when necessary. When not in use, the tanks shall be
    removed to a point outby the last open crosscut and
    kept away from power wires and electric equipment. A
    proper storage area must be provided.
    (2) This subsection does not apply to oxygen tanks
    used to provide breathable air in the event of an
    emergency.
    (f) Pressure.--Neither oxygen nor gas shall be used
    under direct pressure from tanks or cylinders but must
    be used under reduced pressure not exceeding
    pressures recommended by the manufacturer of the
    oxygen or gas.
    (g) Working sections.--Oxygen or gas cutting, burning
    or welding shall be done in fresh intake air only in
    working sections. The area where the work is to be done
    shall be examined by a mine official before, during and
    after the welding or burning to assure that no fire or
    other danger exists. In the event the equipment to be
    repaired cannot be removed from the face area to outby
    the last open crosscut, the following shall be satisfied:
    (1) Fresh intake air shall be established to a point
    inby where the cutting or welding is to be performed.

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    (2) An approved gas detection device shall be used
    by a mine official for gas detection during the cutting and
    welding operation.
    (3) No individual shall be permitted inby the point in
    the working section where cutting or welding operations
    are being performed.
    (h) Safety requirements.--
    (1) When oxygen or gas cutting, burning or welding
    is being done, a suitable fire extinguisher shall be kept
    on hand and ready for use. In dry or dusty locations, a
    water line and tap under pressure or an adequate
    supply of rock dust shall be available in the area where
    such work is performed.
    (2) Neither oxygen nor gas shall be used near oil,
    grease or fine coal dust unless the oil, grease or fine
    coal dust is adequately cleaned or made inert by the use
    of rock dust or the area where the work is to be done is
    thoroughly wetted.
    (i) Intake air activity.--Oxygen or gas cutting, burning
    or welding shall be done in intake air only. Underground
    shops where oxygen gas burning occurs shall be on a
    separate split of air.
    (j) Tests for leaks.--Tests for leaks on hose valves or
    gauges shall be made only with a soft brush and soapy
    water or soapsuds.
    (k) Torch-tip cleaners.--An efficient and proper type
    torch-tip cleaner shall be kept on hand and used to
    maintain each torch in safe operating condition. A
    suitable wrench designed for oxygen and gas tanks

    - 119 -
    shall be in the possession of the individual authorized to
    use the equipment.
    (l) Manifolding cylinders.--The practice known as
    "manifolding cylinders" shall be permitted if the
    installation is solidly grounded and operation thereof is
    in accordance with recognized safe procedures.
    (m) Protection from power lines.--Oxygen and gas
    tanks or cylinders shall be protected from power lines or
    energized electrical machinery or equipment, and such
    tanks or cylinders shall be kept away from the place
    where the cutting is being done in order to prevent
    damage or accident and to prevent heat from affecting
    such tanks or cylinders.
    Section 265. Duties of individuals subject to this act.
    It shall be the duty of each operator, superintendent,
    mine foreman, assistant mine foreman and mine
    examiners and other officials to comply with and to see
    that others comply with the provisions of this act. It shall
    be the duty of all employees to comply with this act and
    to cooperate with management and the department in
    carrying out its provisions. Reasonable rules and
    regulations of an operator for the protection of
    employees and preservation of property that are in
    harmony with the provisions of this act and other
    applicable laws shall be complied with.
    Section 266. Protective clothing.
    (a) Goggles.--Welders and helpers shall use proper
    shields or goggles to protect their eyes. All employees
    shall have approved goggles or eye shields and use

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    them where there is a hazard from flying particles or
    other eye hazards.
    (b) Snug-fitting clothing.--Employees engaged in
    haulage operations and all other individuals employed
    around moving equipment on the surface and
    underground shall wear snug-fitting clothing.
    (c) Gloves.--Protective gloves shall be worn when
    material which may injure hands is handled, but gloves
    with gauntlet cuffs shall not be worn around moving
    equipment.
    (d) Protective hats.--All individuals shall wear
    protective hats while underground and while on the
    surface where falling objects may cause injury.
    (e) Protective footwear.--Protective footwear shall be
    worn by employees, officials and others while on duty in
    and around a bituminous coal mine.
    Section 267. Checking systems.
    Each bituminous coal mine shall have a check-in and
    check-out system that will provide positive identification
    of every individual underground. An accurate record of
    the individuals in the mine, which shall consist of a
    written record, a check board, a time clock record or
    another approved method shall be kept on the surface in
    a place that will not be affected in the event of an
    emergency. The record shall bear a number or name
    identical to the identification check carried by or
    fastened to the belt of all individuals going underground.

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    Section 268. Prohibitions regarding endangering
    security of mine.
    (a) Prohibitions regarding ventilation.--No miner,
    worker or other individual shall knowingly damage,
    obstruct or remove any shaft, lamp, instrument, air
    course or other equipment, obstruct or disrupt any
    portion of the mine's ventilation, carry open lights, open
    a door closed for directing ventilation and not close it
    again or enter any part of a mine that has been
    dangered off. No individual shall deface, pull down or
    destroy any notice boards, record books or mine maps.
    (b) Smoking prohibition.--Open lights, smoking and
    smokers' articles, including matches, are prohibited in
    bituminous coal mines. No individual shall at any time
    enter a mine with or carry into the mine any matches,
    pipes, cigars, cigarettes or any device for making lights
    or fire not approved. In all mines the operator may
    search or cause to be searched any individual, including
    his clothing and material belongings, entering or about
    to enter the mine, or inside the mine, to prevent such
    individual from taking or carrying into the mine any of
    the articles prohibited by this subsection.
    (c) Intoxicated individuals.--No individual under the
    influence of alcohol or a controlled substance shall enter
    into or loiter about any mine. No individual shall have in
    his possession alcohol or controlled substances while in
    or about the mine premises. This provision shall not
    apply to the use of medication as prescribed for that
    individual.

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    Section 269. Responsibility for care and maintenance of
    equipment.
    Equipment operators shall exercise reasonable care
    in the operation of the equipment entrusted to them and
    shall promptly report defects known to them.
    Section 270. Control of dust and other inhalation
    hazards.
    Individuals exposed for short periods to gas, dust,
    fume and mist inhalation hazards shall wear approved
    respiratory equipment. When exposure is for prolonged
    periods, dust shall be controlled by the use of approved
    dust collectors or by water or other approved methods.
    Section 271. Safeguards for mechanical equipment.
    (a) Locking.--The cutting devices of mining machines
    shall be locked securely by mechanical means or
    electrical interlocks while the machines are parked or
    being trammed. Loading machines shall not be trammed
    with loading arms in motion except when loading
    materials.
    (b) Guarding.--Belt chain or rope drives and the
    moving parts of machinery which are within seven feet
    of the floor, ground or platform level, unless isolated,
    shall be guarded adequately. Repair pits shall be kept
    covered or guarded at all times when not in use.
    Machinery shall not be lubricated or repaired while in
    motion, except where safe remote lubricating devices
    are used. Machinery shall not be started until the
    individual lubricating or repairing it has given a clear
    signal. Guards that have been removed shall be

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    replaced before the machinery is again put into use.
    Provision shall be made to prevent accumulation of
    spilled lubricants.
    (c) Grinders.--Mechanically operated grinding wheels
    shall be equipped with safety washers and substantial
    retaining hoods covering two-thirds of the circumference
    of the wheel, and goggles or eye shields shall be used.
    Where stationary grinders are used, a tool rest shall be
    provided and the clearance between the wheel and tool
    rest shall not exceed one thirty-second of an inch.
    Section 272. First aid equipment.
    In every bituminous coal mine where individuals are
    employed underground and in every active section of
    the mine, it shall be the duty of the operator or
    superintendent of the mine to keep on hand properly
    constructed stretchers, woolen and waterproof blankets
    and all requisites for use in case of emergency. No first
    aid material shall be removed or diverted without
    authorization, except in case of accident in or about the
    mine. It shall be the duty of the operator or
    superintendent to have adequate ambulance service
    available promptly in the event of injury to any
    employee.
    Section 273. Fire protection.
    (a) Firefighting equipment.--Each mine shall be
    provided with suitable firefighting equipment adapted for
    the size and conditions of the mine.

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    (b) Standards for firefighting equipment.--At a
    minimum, firefighting equipment shall meet the
    following:
    (1) Waterlines shall be capable of delivering 50
    gallons of water per minute at a nozzle pressure of 50
    pounds per square inch.
    (2) A portable water car shall be of at least 1,000
    gallons capacity and shall have at least 300 feet of fire
    hose with nozzles. A portable water car shall be capable
    of providing a flow through the hose of 50 gallons of
    water per minute at a nozzle pressure of 50 pounds per
    square inch.
    (3) A portable chemical car shall carry enough
    chemicals to provide a fire extinguishing capacity
    equivalent to that of a portable water car.
    (4) A portable foam-generating machine or device
    shall have facilities and equipment for supplying the
    machine with 30 gallons of water per minute at 30
    pounds per square inch for a period of 35 minutes.
    (5) A portable fire extinguisher shall be either:
    (i) A multipurpose dry chemical type containing a
    nominal weight of five pounds of dry powder and
    enough expellant to apply the powder.
    (ii) A foam-producing type containing at least 2.5
    gallons of foam-producing liquids and enough expellant
    to supply the foam.
    (6) Only fire extinguishers approved by the
    Underwriters Laboratories, Inc., or Factory Mutual
    Research Corp., carrying appropriate labels as to the

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    type and purpose shall be used. All portable fire
    extinguishers shall have a 2A 10 BC or higher rating.
    (7) The fire hose shall be lined with a flame-
    resistant material. The cover shall be polyester or other
    material with flame-spread qualities and mildew
    resistance equal or superior to polyester. The bursting
    pressure shall be at least four times the water pressure
    at the valve to the hose inlet with the valve closed, and
    the maximum water pressure in the hose nozzle shall
    not exceed 100 pounds per square inch.
    (c) Working sections.--
    (1) Each working section of a mine producing 300
    tons or more per shift shall be provided with two
    portable fire extinguishers and 240 pounds of rock dust
    in bags or other suitable containers. Water lines shall
    extend to each section loading point and be equipped
    with enough fire hose to reach each working face unless
    the section loading point is provided with one of the
    following:
    (i) two portable water cars;
    (ii) two portable chemical cars; or
    (iii) one portable water car or one portable
    chemical car, and either:
    (A) a portable foam-generating machine; or
    (B) a portable high-pressure rock-dusting
    machine fitted with at least 250 feet of hose and
    supplied with at least 60 bags of rock dust.
    (2) Each working section of a mine producing less
    than 300 tons of coal per shift shall be provided with:

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    (i) Two portable fire extinguishers.
    (ii) Two hundred and forty pounds of rock dust in
    bags or other suitable containers.
    (iii) At least 500 gallons of water and at least
    three pails of ten-quart capacity. In lieu of the 500-gallon
    water supply, a water line with sufficient hose to reach
    the working places, a portable water car with a 500-
    gallon capacity or a portable all-purpose dry powder
    chemical car of at least 125 pounds capacity may be
    provided.
    (d) Belt conveyors.--In all mines, water lines shall be
    installed parallel to the entire length of belt conveyors
    and shall be equipped with fire hose outlets with valves
    at 300-foot intervals along each belt conveyor and at
    tailpieces. At least 500 feet of fire hose with fittings
    suitable for connection with each belt conveyor water
    line system shall be stored at strategic locations along
    the belt conveyor. Water lines may be installed in entries
    adjacent to the conveyor entry belt as long as the outlets
    project into the belt conveyor entry.
    (e) Haulage tracks.--
    (1) In a mine producing 300 tons of coal or more
    per shift, water lines shall be installed parallel to all
    haulage tracks using mechanized equipment in the track
    or adjacent entry and shall extend to the loading point of
    each working section. Water lines shall be equipped
    with outlet valves at intervals of not more than 500 feet,
    and 500 feet of fire hose with fittings suitable for
    connection with such water lines shall be provided at
    strategic locations. Two portable water cars, readily

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    available, may be used in lieu of water lines prescribed
    under this paragraph.
    (2) In a mine producing less than 300 tons of coal
    per shift, there shall be provided at 500-foot intervals in
    all main and secondary haulage roads:
    (i) a tank of water of at least 55-gallon capacity
    with at least three pails of not less than ten-quart
    capacity; or
    (ii) not less than 240 pounds of bagged rock dust.
    (f) Transportation.--Each track or off-track locomotive,
    self-propelled mantrip car or personnel carrier shall be
    equipped with one portable fire extinguisher.
    (g) Electrical installations.--
    (1) Two portable fire extinguishers or one
    extinguisher having at least twice the minimum capacity
    specified for a portable fire extinguisher specified in
    subsection (b)(5) shall be provided at each permanent
    electrical installation.
    (2) One portable fire extinguisher and 240 pounds
    of rock dust shall be provided at each temporary
    electrical installation.
    (h) Oil storage stations.--Two portable fire
    extinguishers and 240 pounds of rock dust shall be
    provided at each permanent underground oil storage
    station. One portable fire extinguisher shall be provided
    at each working section where 25 gallons or more of oil
    is stored in addition to extinguishers required under
    subsection (c).

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    (i) Welding, cutting and soldering.--One portable fire
    extinguisher or 240 pounds of rock dust shall be
    provided at locations where welding, cutting or soldering
    with arc or flame is being done.
    (j) Power lines.--At each wooden door through which
    power lines pass, there shall be one portable fire
    extinguisher or 240 pounds of rock dust within 25 feet of
    the door on the intake air side.
    (k) Emergency materials.--
    (1) At a mine producing 300 tons of coal or more
    per shift, there shall be readily available the following
    materials at locations not exceeding two miles from
    each working section:
    (i) One thousand board feet of brattice boards.
    (ii) Two rolls of brattice cloth.
    (iii) Two handsaws.
    (iv) Twenty-five pounds of 8d nails.
    (v) Twenty-five pounds of 10d nails.
    (vi) Twenty-five pounds of 16d nails.
    (vii) Three claw hammers.
    (viii) Twenty-five bags of wood fiber plaster or ten
    bags of cement, or equivalent material for stoppings.
    (ix) Five tons of rock dust.
    (2) At a mine producing less than 300 tons of coal
    per shift, the materials set forth in this subsection shall
    be available at the mine, provided, however, that the
    emergency materials for one or more mines may be

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    stored at a central warehouse or building supply
    company and the supply must be the equivalent of that
    required for all mines involved and within an hour’s
    delivery time from each mine. This exception shall not
    apply where the active working sections are more than
    two miles from the surface.
    (l) Condition and examination of firefighting
    equipment.--All firefighting equipment shall be
    maintained in a usable and operative condition.
    Chemical extinguishers shall be examined every six
    months, and the date of the examination shall be written
    on a permanent tag attached to the extinguisher.
    (m) Branch lines.--As a part of the deluge-type water
    spray system, two or more branch lines of nozzles shall
    be installed. The maximum distance between nozzles
    shall not exceed eight feet.
    (n) Installation of foam generator systems.--
    (1) Foam generator systems shall be located so as
    to discharge foam to the belt drive, belt take-up,
    electrical controls, gear-reducing unit and conveyor belt.
    (2) Foam generator systems shall be equipped with
    a fire sensor which actuates the system, and each
    system shall be capable of producing and delivering the
    following amounts of foam within five minutes:
    (i) At fire-resistant belt installations, an amount
    which will fully envelop the belt drive, belt take-up,
    electrical controls, gear-reducing unit and conveyor belt
    over a distance of 50 feet.

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    (ii) At non-fire-resistant belt installations, an
    amount which will fully envelop the belt drive, belt take-
    up electrical controls, gear-reducing unit and conveyor
    belt over a distance of 150 feet.
    (3) The foam generator shall be equipped with a
    warning device designed to stop the belt drive when a
    fire occurs, and all such warning devices shall be
    capable of giving both an audible and visual signal when
    actuated by fire.
    (4) Water, power and chemicals required shall be
    adequate to maintain water or foam flow for no less than
    25 minutes.
    (5) Water systems shall include strainers with a
    flush-out connection and a manual shut-off valve.
    (o) Water sprinkler systems.--Water sprinkler systems
    may be installed to protect main and secondary belt-
    conveyor drives; however, where such systems are
    employed, they shall be installed and maintained in
    accordance with subsections (p), (q), (r), (s) and (t).
    (p) Installation of water sprinkler systems.--
    (1) The fire-control components of each water
    sprinkler system shall be installed, as far as practicable,
    in accordance with the recommendations set forth in the
    National Fire Protection Association, Code No. 13,
    entitled "Installation of Sprinkler Systems," in effect at
    the time of installation, and such systems' components
    shall be of a type approved by the Underwriters
    Laboratories, Inc., Factory Mutual Research
    Corporation.

    - 131 -
    (2) Each sprinkler system shall provide protection
    for the motor drive belt take-up, electrical controls, gear-
    reducing unit and 50 feet of fire-resistant belt or 150 feet
    of non-fire-resistant belt adjacent to the belt drive.
    (3) The components of each water sprinkler system
    shall be located so as to minimize the possibility of
    damage by roof fall or by the moving belt and its load.
    (q) Arrangement of sprinklers.--
    (1) At least one sprinkler shall be installed above
    each belt drive, belt take-up, electrical control and gear-
    reducing unit, and individual sprinklers shall be installed
    at intervals of no more than eight feet along all conveyor
    branch lines.
    (2) Two or more branch lines, at least one of which
    shall be above the top belt and one between the top and
    bottom belt, shall be installed in each sprinkler system to
    provide a uniform discharge of water to the belt surface.
    (3) The water discharge rate from the sprinkler
    system shall not be less than .25 gallon per minute per
    square foot of the top surface of the top belt, and the
    discharge shall be directed at both the upper and bottom
    surfaces of the top belt and to the upper surface of the
    bottom belt. The supply of water shall be adequate to
    provide a constant flow of water for ten minutes with all
    sprinklers functioning.
    (4) Each individual sprinkler shall be activated at a
    temperature of not less than 150 degrees Fahrenheit
    and not more than 300 degrees Fahrenheit.

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    (5) Water systems shall include strainers with a
    flush-out connection and a manual shutoff valve.
    (r) Backup water system.--One fire hose outlet
    together with a length of hose capable of extending to
    the belt drive shall be provided within 300 feet of each
    belt drive.
    (s) Fire warning devices at belt drives.--Each water
    sprinkler system shall be equipped with a device
    designed to stop the belt drive in the event of a rise in
    temperature, and each warning device shall be capable
    of giving both an audible and visual warning when a fire
    occurs.
    (t) Examination and test.--Each water sprinkler system
    shall be examined weekly, and a functional test of the
    complete system shall be conducted at least once each
    year.
    (u) Equivalent dry-pipe system.--Where water
    sprinkler systems are installed to protect main and
    secondary belt conveyor drives and freezing
    temperatures prevail, an equivalent dry-pipe system
    may be installed.
    (v) Dry-powder chemical systems.--Self-contained
    dry-powder chemical systems may be installed to
    protect main and secondary belt conveyor drives;
    however, where self-contained dry-powder chemical
    systems are employed, they shall be installed and
    maintained in accordance with the provisions of
    subsections (w), (x), (y), (z), (aa), (bb), (cc) and (dd).

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    (w) Installation of dry-powder chemical systems.--
    (1) Self-contained dry-powder chemical systems
    shall be installed to protect each beltdrive, belt take-up,
    electrical controls, gear-reducing units and 50 feet of
    fire-resistant belt or 150 feet of non-fire-resistant belt
    adjacent to the belt drive.
    (2) The fire control components of each dry-powder
    chemical system shall be a type approved by the
    Underwriters Laboratories, Inc., or Factory Mutual
    Engineering Corporation.
    (3) The components of each dry-powder chemical
    system shall be located so as to minimize the possibility
    of damage by roof fall or by the moving belt and its load.
    (x) Construction of dry-powder chemical systems.--
    (1) Each self-contained dry-powder system shall be
    equipped with hose or pipe lines which are no longer
    than necessary.
    (2) Metal piping and hose between control valves
    and nozzles shall have a minimum bursting pressure of
    500 pounds per square inch.
    (3) Hose shall be protected by wire braid or its
    equivalent.
    (4) Nozzles and reservoirs shall be sufficient in
    number to provide maximum protection to each belt, belt
    take-up, electrical controls and gear-reducing unit.
    (5) Each belt shall be protected on the top surface
    of both the top and bottom belts and the bottom surface
    of the top belt.

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    (y) Sensing and fire-suppression devices.--
    (1) Each self-contained dry-powder chemical
    system shall be equipped with sensing devices which
    shall be designed to activate the fire control system,
    sound an alarm and stop the conveyor drive motor in the
    event of a rise in temperature, and provision shall be
    made to minimize contamination of the lens of any
    optical sensing device installed in the system.
    (2) Where sensors are operated from the same
    power source as the belt drive, each sensor shall be
    equipped with a standby power source which shall be
    capable of remaining operative for at least four hours
    after a power cutoff.
    (3) Sensor systems shall include a warning
    indicator or test circuit which shows it is operative.
    (4) Each fire suppression system shall be equipped
    with a manually operated control valve which shall be
    independent of the sensor.
    (z) Dry powder requirements.--Each dry powder
    chemical system shall contain the following minimum
    amounts of multipurpose dry powder:
    (1) One hundred and twenty-five pounds of dry
    powder for fire resistant belts.
    (2) Two hundred and twenty-five pounds of dry
    powder for non-fire-resistant belts.
    (aa) Nozzles, flow rate and direction.--The nozzles of
    each dry-powder chemical system shall be capable of
    discharging all powder within one minute after actuation

    - 135 -
    of the system, and such nozzles shall be directed so as
    to minimize the effect of ventilation upon fire control.
    (bb) Safeguards for dry-powder chemical systems.--
    Adequate guards shall be provided along all belt
    conveyors in the vicinity of each dry-powder chemical
    system to protect individuals whose vision is restricted
    by a discharge of powder from the system. Handrails
    shall be installed in these areas to provide assistance to
    those passing along the conveyor after a powder
    discharge.
    (cc) Backup water system.--One fire hose outlet,
    together with a length of hose capable of extending to
    the belt drive, shall be provided within 300 feet of each
    belt drive.
    (dd) Inspection of dry-powder chemical systems.--
    (1) Each dry-powder chemical system shall be
    examined weekly, and a functional test of the complete
    system shall be conducted at least once each year.
    (2) Where the dry-powder chemical system has
    been actuated, all components of the system shall be
    cleaned immediately by flushing all powder from pipes
    and hoses, and all hose damaged by fire shall be
    replaced.
    Section 274. Mine openings or outlets.
    (a) Openings or outlets to the surface.--It shall be
    unlawful for the operator, superintendent or mine
    foreman to employ an individual to work in the mine
    unless there are no fewer than two intake openings or
    outlets to the surface from every seam of coal being

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    worked. The openings or outlets shall have a distinct
    means of egress available for use by the employees.
    The two intake openings or outlets to the surface
    required by this section shall not be at a common shaft,
    slope or drift opening. Mines in operation prior to the
    effective date of this act are not subject to the
    requirements under this Subsection.
    (b) Exception.--The requirements of subsection (a)
    shall not apply to the openings or outlets of a new mine
    being worked for the purpose of making connections
    between the openings or outlets, so long as no more
    than 20 individuals are employed in making the
    connections.
    (c) Shaft, slope and drift distances.--The distance
    between shafts shall be not less than 200 feet. The
    distance between the openings to the surface of slopes,
    and the distance between drifts, shall be not less than
    50 feet. Exceptions to the distance requirements
    specified in this subsection may be granted with the
    written consent of the department. The passageways
    between openings or outlets shall be maintained in a
    safe and available condition for the employees to travel.
    The pillars in entries between the openings or outlets
    shall not be removed.
    (d) Number of entries.--Every mine shall have no
    fewer than five main entries connected to the openings
    or outlets to the surface.
    (e) Intake and return entries.--The intake and return
    entries shall be kept reasonably drained and reasonably
    free from refuse and obstructions of all kinds, so that
    individuals may safely travel throughout their whole

    - 137 -
    length and have a safe means of egress from workings
    in case of emergency. The entries shall be separated by
    pillars of coal of sufficient strength. When the coal seam
    height is less than four and one-half feet, employees
    shall be provided a means of transportation in and out of
    the mine.
    (f) Passageway between workings.--In every slope
    with workings on both sides, an overpass or underpass
    not less than five feet wide and five feet high shall be
    provided as a passageway for the use of employees to
    cross from one side of the slope to the other. The
    overpass or underpass shall connect with available
    passageways leading to the workings on both sides of
    the slope. The intervening strata between the slope and
    the overpass or underpass shall be of sufficient strength
    at all points to insure safety to the employees, provided,
    however, that if it is impracticable to drive an overpass
    or an underpass in the solid, an overpass or underpass,
    if substantially built with masonry or other incombustible
    material, will be deemed sufficient.
    (g) Shafts less than 100 feet deep.--If the opening or
    outlet other than the main opening is a shaft not more
    than 100 feet in depth and is used by employees for the
    purpose of ingress to or egress from the mine, it shall be
    kept available and in safe condition, free from
    dangerous gases and all obstruction, and shall be fitted
    with safe and convenient stairways, with steps of an
    average tread of ten inches and a rise of nine inches,
    not less than two feet in width and not to exceed an
    angle of 45 degrees, and with landings not less than 24
    inches in width and four feet in length, at easy and

    - 138 -
    convenient distances. Stairways shall be made safe by
    having handrails of suitable material placed on one side,
    or on both sides when requested by the department,
    and shall be inspected every 24 hours by a certified
    mine official employed for that purpose. Water that may
    come from the surface or from the strata in the shaft
    shall be conducted away so it will not fall on the
    stairways or on individuals while descending or
    ascending them.
    (h) Shafts more than 100 feet deep.--When a mine is
    operated by a shaft more than 100 feet in depth, the
    individuals employed in the shaft shall be lowered and
    hoisted by means of machinery unless the second
    opening is a drift or a slope. When the employees are
    lowered into or hoisted from the mine at the main shaft
    opening, the second opening, if a shaft, shall be
    supplied with a stairway, constructed in the manner
    designated in this section or with suitable machinery for
    safely lowering and hoisting individuals in case of an
    emergency. The emergency hoisting capability may be
    accomplished by the use of an escapeway capsule with
    a minimum capacity of two persons.
    (i) Slope openings.--At any mine where one of the
    openings required is a slope and is used as a means of
    ingress and egress by the employees, and where the
    angle of descent of the slope exceeds 15 degrees and
    its length from the mouth of the opening exceeds 1,000
    feet, the employees shall be lowered into and hoisted
    from the mine at a speed not to exceed six miles per
    hour. At any mine where the angle of descent of the
    slope averages from five to 15 degrees and its length

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    exceeds 3,000 feet, the employees shall be lowered into
    and hoisted from the mine at a speed not to exceed six
    miles per hour, provided, however, that when a separate
    travelingway is provided at any such slope, the owner or
    operator may, at the owner's or operator's option, be
    exempt from the requirements of this section if the angle
    of the travelingway does not exceed 20 degrees.
    Section 275. Mining close to abandoned workings.
    The superintendent shall not permit the mining of coal
    in any seam the entire distance to a permit boundary,
    not including boundaries around reservations or along
    crop lines, when on the adjoining property there are
    mine workings in the seam within 3,000 feet of the
    permit boundary. A barrier pillar shall be left, from the
    operation to the permit boundary, of not less than ten
    feet plus two feet for every foot or part of a foot of
    thickness of the bed measured from the roof to the floor,
    plus five feet for each 100 feet or part of 100 feet of
    cover over the bed at the permit boundary. If the coal on
    one side of the permit boundary has been mined, prior
    to the effective date of this section, closer to the permit
    boundary than permitted, the barrier pillar to be left in
    the mine approaching the permit boundary shall be at
    least equal, when added to that already left in the
    adjoining mine, to that required on both sides of the
    permit boundary. If, in the opinion of the department or
    the superintendent of either mining property, the barrier
    pillar is deemed insufficient, after due notice to the
    operator of the adjoining mining property, one-half of the
    barrier pillar shall be left on each side of the permit
    boundary, except as provided in this section. The

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    department, the superintendent or owner of either
    mining property shall determine the thickness necessary
    to afford safety and protection. If it is agreed by the
    department and superintendents of the adjoining coal
    mining properties that the permit boundary is so located
    that there is no danger to property or lives in mining coal
    on either or both sides of the permit boundary up to the
    permit boundary, then mining to the permit boundary
    shall be lawful if all danger from accumulated water and
    gas shall have first been removed by driving a
    passageway to tap and drain off any accumulations of
    water and gas, as provided for in this act.
    Section 276. Lubrication and storage of flammable
    lubricants.
    The oiling or greasing of any cars inside any mine is
    strictly prohibited unless the place where the oil or
    grease is used is thoroughly cleaned at least once a day
    to prevent the accumulation of waste oil or grease. Not
    more than two days' supply of flammable oil or lubricant
    shall be stored in any portion of a mine unless it is kept
    in a fireproof building or a structure cut out of solid rock.
    Oil or grease stored in the face area shall be kept in
    approved containers and away from power wires and
    electric equipment. Accumulations of spilled oil or
    grease shall be rendered harmless. Excessive
    accumulations shall be removed from the mine. Closed
    metal containers shall be provided for the storage of oily
    rags or waste until removed for disposal. If any
    flammable oil or lubricants are stored underground, all
    reasonable safety practices shall be observed in order
    to minimize any dangers of fire.

    - 141 -
    Section 277. Approved lighting and gas detection
    devices in mines.
    (a) Lighting.--It shall be unlawful to use open lights in
    mines, and only approved electric cap lamps, approved
    flashlights, approved safety lamps and other approved
    lighting equipment shall be used in mines.
    (b) Gas detection devices.--All approved gas
    detection devices used for examining mines shall be in
    the care of the mine foreman or some other competent
    individual appointed by the mine foreman, who shall
    have a duty to examine, test and deliver them in a safe
    condition to the individuals when entering the mine and
    to receive gas detection devices from the individuals
    when returning from work.
    (c) Number of devices.--At every mine, a sufficient
    number of approved gas detection devices shall be kept
    in good condition for use in case of emergency.
    (d) Entrusting of devices.--No approved gas detection
    devices shall be entrusted to any individual for use in a
    mine until the individual has given satisfactory evidence
    to the mine foreman that he understands the proper use
    of the gas detection device and the danger of tampering
    with the device.
    (e) Duty to return device.--It shall be the duty of every
    individual who knows their approved gas detection
    device is defective to return it immediately to a mine
    official.

    - 142 -
    Section 278. Unauthorized entry into mine.
    Any individual who enters a mine without
    authorization from the superintendent commits a
    misdemeanor of the second degree. This section shall
    not be applicable to any individual who enters a mine in
    the performance of any duty imposed upon him by this
    act.
    Section 279. Passing by or removing danger signs.
    Except as specifically authorized in this act, no
    employee or other individual shall pass by any danger
    sign into any mine, or into any portion of any mine, or
    remove any danger sign before the mine or portion of
    the mine has been examined and reported to be safe.
    Any employee or other individual shall not pass by any
    danger sign placed at the entrance to a working place,
    or any other place in the mine, or remove the danger
    sign without permission from the mine foreman, the
    assistant mine foreman or the mine examiner.
    Section 280. Miners to remain in work areas.
    Each miner shall remain during working hours in the
    work area assigned by the mine foreman or the
    assistant mine foreman.
    Section 281. Sealing openings.
    (a) Permanently abandoned shafts.--Every shaft
    permanently abandoned shall be filled for its entire
    depth. The fill shall extend from the bottom of the coal
    seam to a height of 50 feet with incombustible material.

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    (b) Out of service openings.--Every slope, drift or
    tunnel permanently taken out of service shall be filled for
    a distance of 25 feet with incombustible material.
    (c) Drillholes and boreholes.--All drillholes and
    boreholes permanently taken out of service after the
    effective date of this act shall be effectively plugged or
    sealed.
    (d) Openings available for future use.--Every shaft,
    slope, drift or tunnel, temporarily taken out of service,
    which may be used for future mining purposes shall be
    properly sealed or fenced.
    Section 282. Ladders in mines.
    Permanently installed ladders in mines that are more
    than ten feet in length and set on an angle of 60
    degrees or more with the horizontal shall be provided
    with substantial backguards, and all ladders shall be
    maintained in good repair.
    Section 283. Inside structures to be of incombustible
    materials.
    All buildings or structures in any bituminous coal mine
    shall be constructed of incombustible materials.
    Section 284. Washhouses.
    It shall be the duty of the operator or superintendent
    of a mine to provide a suitable building, convenient to
    the principal entrance of the mine, for the use of
    employees of the mine to wash and change clothes. The
    building shall be maintained in good order and be
    properly lighted and heated, shall be provided with hot

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    and cold running water and facilities for individuals to
    wash and shall include adequate sanitary facilities. The
    cost of providing and maintaining the conveniences and
    facilities shall be defrayed by the owner or operator of
    mine.
    CHAPTER 3
    ELECTRICAL EQUIPMENT
    Section 301. Duties of mine foreman and
    superintendent.
    It shall be the duty of the mine foreman and
    superintendent to see that the requirements of this
    chapter for the installation and maintenance of electrical
    equipment are observed in and around coal mines.
    Section 302. Definitions.
    As used in this chapter, the following words and terms
    shall have the meanings given to them in this section
    unless the context clearly indicates otherwise: "Armored
    cable." A cable provided with a wrapping of metal,
    usually steel wires or tapes, primarily for the purpose of
    mechanical protection.
    "Borehole cable." A cable designed for vertical
    suspension in a borehole or shaft and is used for power
    circuits in a mine.
    "Branch circuit." A tap taken off a main circuit.
    "Cable sheath." A covering consisting of composition
    tapes, compound jackets of natural or synthetic rubber,
    or thermoplastic or fiber braids applied over the

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    conductor assembly and insulation of multiple conductor
    cables.
    "Circuit breaker." A device which may be controlled by
    relaying or protective equipment for interrupting a circuit
    between separable contacts under normal or abnormal
    conditions.
    "Delta-connected." A delta-connected power system
    is one in which the windings of transformers or AC
    generators are connected to form a triangular phase
    relationship, with the phase conductors connected to
    each point of the triangle.
    "Difference of potential." The difference of electrical
    pressure or electromotive force existing between any
    two points of an electrical system, or between any point
    of a system and the earth, as determined by a voltmeter
    or other suitable instrument.
    "Effectively grounded." Grounded through a grounding
    connection of sufficiently low impedance, inherent or
    intentionally added, or both, so that fault grounds which
    may occur cannot build up voltages in excess of limits
    established for apparatus, circuits or systems so
    grounded.
    "Electric system." All electric equipment and circuits
    that pertain to the operation of the mine and are under
    control of the mine management.
    "Electrical face equipment." Mobile or portable mining
    machinery having electric motors or accessory
    equipment normally installed or operated inby the last
    open crosscut in any entry or room.

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    "Explosion-proof or flame-proof." Casings or
    enclosures which, when completely filled with a mixture
    of methane and air and the same exploded, are capable
    of either entirely confining the products of the explosion
    within the casing or discharging them from the casing so
    that they cannot ignite a mixture of methane and air,
    combined in proportions most sensitive to ignition and
    entirely surrounding the points of discharge, and in most
    intimate proximity with the points of discharge.
    "Flame-resistant cable." A cable that meets the MSHA
    testing requirements for flame resistance and has been
    assigned an approval. A cable shall also be considered
    flame-resistant if it meets the criteria for flame
    resistance by a nationally recognized testing lab that is
    equivalent to the MSHA testing criteria and that is
    appropriately identified. All flame-resistant cables used
    underground shall have the approval number embossed
    or indented on the jacket at intervals not to exceed 12
    feet.
    "Ground." A conducting connection, whether
    intentional or accidental, between an electric circuit or
    equipment and earth or to some conducting body which
    serves in place of the earth.
    "Grounding conductor." A metallic conductor used to
    connect the metal frame or enclosure of an equipment,
    device or wiring system with an effective grounding
    medium.
    "High voltage." Voltage higher than 1,000 volts
    nominal. "Lightning arrestor." A protective device for
    limiting surge voltages on equipment by discharging or

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    bypassing surge current and for preventing continued
    flow of current to ground.
    "Low voltage." Voltage up to 660 volts nominal.
    "Machine operator." An individual who possesses a
    machine runners certification and is placed in charge of
    a portable or mobile face machine of any sort where a
    gas examination is required under this act or regulations
    promulgated under this act.
    "Medium voltage." Voltage from 661 to 1,000 volts
    nominal.
    "Mine power center." A combined transformer and
    distribution unit which may include a rectifier, complete
    within a metal enclosure, from which one or more low-
    voltage, medium-voltage or high-voltage power circuits
    are taken.
    "Neutral." A neutral point of connection established
    through the use of a grounding or zig-zag transformer
    with a normally ungrounded delta power system.
    "Neutral point." The connection point of transformer or
    generator windings from which the voltage to ground is
    nominally zero and is the point generally used for
    system grounding in a wye-connected AC power
    system.
    "Nonmetallic armor." A tough outer covering or cable
    sheath of rubber, rubber compound or thermoplastic
    designed to protect the cable conductors and insulation
    from abrasion or other damage from external sources.
    "Portable trailing cable." A flexible cable or cord used
    for connecting mobile, portable or stationary equipment

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    in mines to a trolley system or other external source of
    electric energy where permanent mine wiring is
    prohibited or impracticable.
    "Potential of a circuit." The voltage of a circuit
    machine or any piece of electrical apparatus is the
    potential difference normally existing between the
    conductors of such circuit or the terminals of the
    machine or apparatus.
    "Primary ground." A low impedance ground bed or
    system consisting of several interconnected ground rods
    or buried conducting mesh, or both, located near an
    outdoor substation and used as a lightning arrestor or
    station ground or, separately, as a basic ground for one
    conductor of a power transmission or distribution
    system. A single ground rod of any length is not
    considered a primary ground.
    "Protection." Fuses or other suitable automatic circuit-
    interrupting devices for preventing damage to circuits,
    equipment and personnel by abnormal conditions, such
    as over-current, high or low voltage and single phasing.
    "Rectifiers." Alternating current to direct-current power
    conversion devices of the mercury-arc, silicon, selenium
    or other type.
    "Shielded cable." A cable in which the insulated
    conductor is covered with a conductive material for the
    purpose of clearing ground faults.
    "Voltage." The phase-to-phase or line-to-line root-
    mean-square value assigned to a circuit or system for
    designation as its voltage class. Actual voltage at which
    the circuit or systems operated may vary from the

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    normal voltage with a range, which permits satisfactory
    operation of the equipment. The difference of electrical
    pressure or electromotive force existing between any
    two points of an electrical system, or between any point
    of a system and earth, as determined by a volt meter or
    other instrument. The term shall be synonymous with
    the term potential and shall mean electrical pressure.
    "Wye-connected." A system in which one end of each
    phase winding of transformers or AC generators are
    connected together to form a neutral point, and the other
    ends of the windings are connected to the phase
    conductors.
    "Zig-zag transformer." A three-phase transformer
    used to provide a neutral point on delta systems and
    capable of carrying continuously the maximum ground
    fault current of the system.
    Section 303. Plan of electrical system.
    A plan shall be kept at the mine showing the location
    of all stationary electrical apparatus in connection with
    the mine electrical system, including permanent cables,
    conductors, switches and trolley lines. The plan shall be
    of sufficient size to show clearly the position of the
    apparatus, and the scale shall not be less than 500 feet
    per inch. There shall be stated on the plan the capacity
    in horsepower of each motor, and in kilowatts of each
    generator, rectifier or transformer, and the nature of its
    duty. The plans shall be corrected as often as may be
    necessary to keep them up to date or at intervals not
    exceeding six months.

    - 150 -
    Section 304. Protection against shock.
    (a) Electrical work.--No electrical work shall be
    performed on low-voltage, medium-voltage or high-
    voltage distribution circuits or equipment except by a
    qualified individual or by an individual trained to perform
    electrical work and to maintain electrical equipment
    under the direct supervision of a qualified individual.
    Disconnecting devices shall be locked out and suitably
    tagged by the individuals who perform the work, except
    that in cases where locking out is not possible, the
    devices shall be opened and suitably tagged by such
    individuals. Locks or tags shall be removed only by the
    individual who installed them or, if the individuals are
    unavailable, by an individual authorized by the operator
    or the operator's agent.
    (b) Insulating materials.--Mats of rubber, insulated
    platform or other suitable insulating materials shall be
    provided at all stationary transformers, rectifiers, motors
    and generators and their controls, except portable and
    mobile equipment. Gloves or mats of rubber or other
    suitable insulating material shall be provided by the
    operator and used by qualified individuals when
    energized parts of electrical apparatus have to be
    handled for the purpose of adjustment.
    Section 305. Restoration from shock.
    Instruction shall be posted in every generating,
    transforming and motor room and at the entrance to the
    mine containing directions as to the restoration of
    individuals suffering from electric shock. All employees

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    working in connection with electrical apparatus shall be
    familiar with and competent to carry out the instructions.
    Section 306. Report of defective equipment.
    In the event of a breakdown or damage or injury to
    any portion of the electrical equipment in a mine,
    overheating, the appearance of sparks or arcs outside
    enclosed casings or in the event of any portion of the
    equipment not a part of the electrical circuit becoming
    energized, the equipment shall be disconnected from its
    source of power, the occurrence shall be promptly
    reported to a mine official and the equipment shall not
    be used again until necessary repairs are made.
    Section 307. Damage or alteration to mine electrical
    system.
    No individual shall willfully damage or without
    authority alter or make connections to any portion of a
    mine electrical system.
    Section 308. Capacity.
    All electrical apparatus and conductors shall be
    sufficient in size and power for the work they may be
    called upon to do and, as prescribed in this act, be
    efficiently covered or safeguarded. The electrical
    apparatus and conductors shall be installed, operated
    and maintained to reduce danger from accidental shock
    or fire to the minimum and shall be constructed and
    operated so that the rise in temperature caused by
    ordinary operation will not injure the insulating materials.
    Where these conditions are not met, affected equipment

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    shall be removed from service until corrective action is
    taken.
    Section 309. Joints in conductors.
    All joints in conductors shall be mechanically and
    electrically efficient. Suitable connectors or screw
    clamps shall be used. All joints in insulated wire shall,
    after the joint is complete, be reinsulated to at least the
    same extent as the remainder of the wire.
    Section 310. Cables entering fittings.
    The exposed ends of cables where they enter fittings
    of any description shall be protected and finished off so
    that moisture cannot enter the cable, or the insulating
    material, if of an oily or viscous nature, leak. Where
    unarmored cables or wires pass through metal frames
    or into boxes or motor casings, the holes shall be
    substantially bushed with insulating bushings and,
    where necessary or required, with gas-tight bushings
    which cannot readily become displaced.
    Section 311. Switches, fuses and circuit breakers.
    (a) Construction.--Fuses and automatic circuit
    breakers shall be constructed as to effectively interrupt
    the current on short circuit or when the current through
    them exceeds a predetermined value. Open type fuses
    shall be provided with terminals. Circuit breakers shall
    be of adequate interrupting capacity.
    (b) Trip setting.--Circuit breakers used to protect
    feeder circuits shall be set to trip when the current
    exceeds by more than 50% of the rated capacity of the
    feeder. In case the feeder is subjected to overloads

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    sufficient to trip the circuit breaker but of short duration,
    the circuit breaker may be equipped with a device which
    will prevent its acting unless the overload persists for
    period longer than ten seconds. Trip current shall be
    indicated at the circuit breaker.
    (c) Fuses.--Fuses shall be stamped or marked or shall
    have a label attached indicating the maximum current
    which they are intended to carry. Fuses shall only be
    adjusted or replaced by a competent individual
    authorized by the mine foreman.
    (d) Protective fuses.--Fuses used to protect feeders
    shall be a less current rating than the feeder.
    (e) Incombustible base requirement.--All switches,
    circuit breakers and fuses shall have incombustible
    bases.
    Section 312. Lightning protection.
    If the surface transmission lines of low voltage or
    medium voltage from the generating station are
    overhead, there shall be lightning arrestors installed at
    the generating station. If the distance from the
    generating station to the point where the line enters the
    mine is more than 500 feet, an additional arrestor shall
    be installed at that point.
    Section 313. Underground power supply.
    (a) Ground detectors.--All underground systems of
    distribution that are completely insulated from earth shall
    be equipped with properly installed ground detectors of
    suitable design which will trip the circuit breaker when a

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    ground fault is detected. The ground detectors shall be
    maintained in working condition.
    (b) Protection of circuits leading underground.--
    (1) In every completely insulated feeder circuit in
    excess of 25 kilowatts capacity, leading underground
    and operating at a potential not exceeding the limits of
    medium voltage, there shall be provided above ground a
    circuit breaker arranged to open simultaneously each
    ungrounded conductor. In addition, a positive disconnect
    means shall be installed outby the circuit breaker.
    Overload protection shall be provided to open the circuit
    breaker in case of overload on any conductor. Fuses
    may be substituted for circuit breakers in circuits
    transmitting 25 kilowatts or less. Each power circuit in
    excess of 50 kilowatts leading underground shall be
    provided with a suitable ammeter.
    (2) Every alternating current feeder circuit leading
    underground and operating at a potential exceeding the
    limits of medium voltage shall be provided above ground
    with a suitable circuit breaker. The breaker shall be
    equipped with automatic overload trip, arranged to open
    simultaneously each ungrounded power-carrying
    conductor. Each circuit shall also be provided with a
    suitable ammeter.
    (c) Cables in shafts, slopes and boreholes.--
    (1) All cables passing underground through inclines,
    boreholes and shafts shall be installed in a manner that
    will prevent undue strain in the sheath, insulation or
    conductors and damage by chafing of cables against
    each other or against the borehole casing or shaft. All

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    ungrounded power conductors in shafts, boreholes and
    inclines shall be covered with suitable insulating
    materials and installed to provide a minimum tensile
    factor of safety of five. Conductors shall be securely
    fastened and properly supported out of contact with
    combustible materials. When the weight, length and
    construction of a cable are such that suspension from its
    upper end only would subject the cable to possible
    damage, it shall be supported at intervals necessary to
    prevent undue strains in the sheath, insulation and
    conductors and to provide a minimum tensile factor of
    safety of five. Adequate protection shall be provided so
    that no damage can result from water, electrolysis,
    moving cages, skips, ice, coal or other falling or moving
    materials.
    (2) Installation of direct-current and alternating-
    current cables carrying in excess of 25 kilowatts in the
    same borehole shall require approval of the department.
    (d) High-voltage underground transmission systems.--
    High-voltage conductors or cables leading underground
    and extending underground shall be of the flame-
    resistant type with either a rubber, plastic or armor
    sheath meeting the requirements of the department for
    flame resistance. When the cable is fed by high-voltage
    systems other than that described in this chapter, it shall
    be either metallic armored, installed in rigid steel conduit
    or buried one foot below combustible material. When
    circuit and protective requirements are met, the cable
    construction and method of installation may be that
    described in this chapter. Cables shall be adequate for
    the intended current and voltage. Splices made in cable

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    shall provide continuity of all components and shall be
    made in accordance with cable manufacturers'
    recommendations. A competent individual designated
    by the mine electrician shall supervise the making of the
    splices.
    (e) Braid covered cable.--
    (1) No power wires or cables having what is
    commonly termed as weatherproof insulation or
    insulation consisting of braided covering, which is
    susceptible to moisture absorption from the outer
    surface to the conductor, shall be installed in a mine.
    (2) All insulated power cables purchased for use in
    a mine shall be protected by a flame-resistant jacket and
    assigned an approval number unless either armored or
    installed in rigid steel conduit, a metal enclosure or a
    fireproof room.
    (f) Ventilation.--
    (1) Bare power conductors shall not be installed in
    an air current that has passed through or by the first
    working place in the air split.
    (2) High-voltage transmission cable, high-voltage
    motors and high-voltage transformers shall not be
    installed in any air current that has passed through or by
    the first working place in the air split.
    (g) Underground cables in haulage roads.--
    (1) Where the cables or feed wires, other than
    trolley wires, in main haulage roads cannot be kept at
    least 12 inches from any part of a mine car or

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    locomotive, they shall be specially protected by proper
    guards.
    (2) Cables and wires, except trailing or portable
    cables or bare return cables, shall be installed on roofs,
    ribs, walls or timbers by means of efficient insulators. All
    electric cables constantly kept in rooms or pillars or
    other work areas shall be carried on suitable supports to
    within 70 feet of the face of each work area. In no
    instance shall the method of support damage the cable
    jacket or armor.
    (3) When main or other roads are being repaired or
    blasting is being carried on, suitable temporary
    protection from damage shall be given to the cables.
    (4) All other wires, except telephone, shot-firing and
    signal wires, shall be on the same side of the road as
    the trolley wire.
    (5) Haulage block signal circuits and other control
    circuits powered from the trolley shall be located on the
    same side of the road as the trolley.
    (h) Branch circuit protection.--When the potential of a
    branch circuit exceeds the limit of medium voltage, it
    shall be protected by a circuit breaker, except as
    otherwise permitted under section 331(h). The circuit
    breaker shall be equipped with an automatic overload
    trip arranged to open simultaneously each ungrounded
    power carrying conductor. Provisions for positive
    disconnection of the branch circuit shall be included.

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    (i) Underground transformer and substation rooms.--
    (1) Any motor-generator, rectifier except those
    described in subsection (r), rotary converter or oil-filled
    transformer installed in a mine shall be enclosed in a
    fireproof chamber of masonry or in an effectively
    grounded approved steel structure. These buildings
    shall be provided with automatically closing fire doors,
    but the automatic features of fire doors may be omitted if
    a substation attendant is employed. The openings of the
    doors shall be safeguarded by grillwork so that only
    authorized individuals may enter the room. No electrical
    equipment containing inflammable material shall be
    placed within eight feet of a door or opening in the
    underground building. All underground substations
    containing rotary machinery shall have an attendant
    constantly on duty while rotating machinery is in
    operation, unless adequate control and protection of the
    equipment is assured by the use of suitable automatic
    devices. No transformer, circuit breaker, controller or
    other device containing more than 20 gallons of
    inflammable liquid shall be placed in any underground
    substation. A separate split of air shall adequately
    ventilate the substation. No substation shall be built in
    any mine until the location, material, construction and
    method of ventilation for the substation has received the
    approval of the department.
    (2) Main and distribution switch and fuse boards
    shall be made of incombustible, moisture-resistant,
    insulating material and fixed in as dry a situation as
    practicable or shall be of suitable metal construction,
    exposed portions of which shall be effectively grounded.

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    All switches, circuit breakers, rheostats, fuses and
    instruments used in connection with underground motor-
    generators, rotary-converters, high-voltage motors,
    transformers, and low-voltage and medium-voltage
    motors of more than 50 horsepower or 50 KVA capacity
    shall be installed upon a suitable switchboard or in a
    metal-clad switchgear structure. Similar equipment for
    low-voltage and medium-voltage motors of 50
    horsepower and less may be separately installed if
    mounted upon insulating bases of suitable material or
    effectively metal clad.
    (j) Clearances.--
    (1) In underground stations where switchboards are
    installed, there shall be a passageway in front of the
    switchboard not less than three feet in width, and, if
    there are any high-voltage connections at the back of
    the switchboard, any passageway behind the
    switchboard shall not be less than three feet. The floor
    at the back of the switchboard shall be properly floored
    and insulated with non-conducting material, accessible
    from each end. In the case of high-voltage,
    switchboards shall be kept locked, but the lock shall
    allow the door being opened from the inside without the
    use of a key.
    (2) Where the supply is at a voltage exceeding the
    limits of medium voltage, there shall be no live metal
    work on the front of the main switchboard within seven
    feet of the floor or platform, and the space provided
    under paragraph (1) shall not be less than four feet.
    Insulating floors or mats shall be provided for medium-
    voltage boards where live metal work is on the front.

    - 160 -
    (k) Transformers.--The primary of each underground
    power transformer shall be protected by a suitable
    circuit breaker equipped with automatic overload trip
    arranged to open simultaneously each ungrounded
    power conductor. The primary of a transformer of less
    than 25 KVA capacity operated at a potential lower than
    high voltage may be protected by fuses. When a
    transformer is the only load on a branch circuit, the
    branch circuit protection can be considered the
    transformer protection.
    (l) Outgoing feeder protection.--Main circuits leaving
    underground substations or transformer stations shall be
    protected by circuit breakers.
    (m) Grounding.--All metallic coverings, metal armoring
    of cables and the frames and bedplates of generators,
    transformers and motors shall be effectively grounded.
    (n) Identification of hazard.--All high-voltage machines
    and apparatus shall be marked to clearly indicate that
    they are dangerous, by the use of the words "Danger,
    High Voltage."
    (o) Protection of terminals.--All terminals on
    machines, motors or equipment over medium-voltage
    underground shall be protected with insulating covers or
    metal covers effectively connected to the ground.
    (p) Unauthorized individuals.--No individual, other
    than one authorized by the mine foreman or mine
    electrician, shall enter a station or transformer room or
    interfere with the working of any connected apparatus.
    (q) Fire protection.--Rock dust or fire extinguishers
    suitable for extinguishing electrical fires shall be kept

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    ready for immediate use at electrical stations and
    transformer rooms.
    (r) Fireproof rectifiers and transformers.--A portable
    rectifier with a dry-type transformer, except those using
    pumped tubes or glass bulb mercury arc tubes or a dry-
    type transformer designed for underground use with
    adequate automatic electrical protection and
    substantially of fireproof construction, fully metal clad,
    which will not be in the same location in excess of one
    year, may be installed in any intake air current, not
    beyond the last open crosscut and not closer than 250
    feet along the air route to pillar workings. The location
    where the fireproof rectifier or transformer is installed
    need not be made fireproof with masonry or steel, but
    shall be equipped with doors, grillwork or otherwise to
    prevent entry or access by unauthorized individuals.
    Section 314. Storage battery equipment.
    (a) General rule.--All storage battery equipment and
    charging stations shall be designed, operated and
    ventilated so that gas from the batteries will be safely
    diluted. Storage battery charging stations shall be on a
    separate split of air. The split of air ventilating a storage
    battery charging station may be ventilated to a belt entry
    when the belt entry air is not used to ventilate working
    faces and a carbon monoxide monitoring system is in
    place in the belt entry.
    (b) Flammable materials.--The presence of flammable
    materials is not permitted in any storage battery room or
    charging station. Signs to this effect shall be posted in
    all battery rooms or charging stations.

    - 162 -
    (c) Use in face areas.--Storage battery-operated
    equipment may be used in face areas when all electrical
    parts that are practicable to enclose are enclosed in
    explosion-proof casings and the batteries are
    adequately ventilated.
    Section 315. (Reserved).
    Section 316. Electrical equipment.
    (a) Voltage restriction.--Hand-held tools shall be
    restricted to a maximum of 300 volts.
    (b) Grounding.--The frame of all off-track equipment
    shall be effectively grounded through a safety ground
    conductor in its trailing cable.
    (c) Hand-held tools.--Electric drills and other
    electrically operated rotating tools intended to be hand
    held shall be equipped with an integrally mounted
    electric switch designed to break the circuit when the
    hand releases the switch.
    (d) Trailing cables.--
    (1) Trailing cables for equipment shall be safely and
    efficiently insulated and constructed with an outer
    sheath or jacket of flame-resistant material as approved
    by the department.
    (2) Cables for hand-held tools shall be especially
    flexible, heavily insulated and effectively protected from
    damage.
    (3) The machine operator shall examine the
    exposed portion of the trailing cable for his machine at
    the beginning of each shift for abrasions and other

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    defects. The remainder of the trailing cable shall be
    examined within the first hour upon the arrival of the
    producing shift in the working section. The machine
    operator shall also carefully observe the trailing cable
    while in use and shall immediately report any defect to
    the mine official in charge.
    (4) In the event of the trailing cable in service
    breaking down or becoming damaged in any way, or of
    it inflicting a shock upon any individual, it shall be put
    out of service at once. The faulty cable shall not be used
    again until it has been repaired and tested by a properly
    authorized individual.
    (5) The trailing cable shall be divided at the
    machine to which it is supplying power, but only for such
    length as is necessary for making connection to the
    machine terminals. The trailing cable, with its outer
    covering complete, shall be securely clamped to the
    machine frame in a manner that will protect the cable
    from injury and prevent any mechanical strains on the
    single ends connected to the machine terminals.
    (6) No more than five temporary splices shall be
    made in any trailing cable. After the fifth splice is made,
    the cable shall be changed before the machine is
    operated on the following shift. Trailing cables on
    equipment without a cable reel shall have no temporary
    splices within 50 feet of the machine before the machine
    is operated on the following shift. Cable jacket repairs
    not involving conductors or conductor insulation are not
    considered temporary splices.

    - 164 -
    (7) Trailing cables shall be hung or adequately
    protected to prevent them from being run over and
    damaged by mobile machinery.
    (8) Trailing cables on off-track equipment shall
    contain a safety ground conductor, which shall be solidly
    connected to the machine frame. Cables found to
    contain defective grounds shall be repaired before use
    or shall be replaced. The safety ground conductor shall
    have a cross-sectional area of at least 50% of that of a
    single power conductor unless used with ground trip
    protective systems employing ground fault current
    limiting devices, in which case a smaller safety ground
    may be used.
    (e) Motors.--In all mines electrical equipment in use
    inby the last open crosscut shall have all current-
    carrying parts completely enclosed in explosion-proof
    enclosures. This requirement shall not include trailing
    cable, except where terminated, and shall not include
    flexible cable as required between motors, controllers,
    terminal boxes and other auxiliaries. The enclosures
    shall not be opened except by an authorized individual
    and then only when the power is switched off. The
    power shall not be switched on while the enclosures are
    open. Only permissible equipment is permitted inby the
    last permanent stopping, except in rooms where open-
    type equipment may be used only in intake travelways.
    This exception does not include power distribution
    equipment.
    (f) Safeguarding.--The individual in charge of mobile
    electrical equipment shall not leave the equipment while

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    it is working and shall, before leaving the work area, see
    that power is cut off the trailing cables.
    (g) Explosion-tested compartments.--All explosion-
    tested compartments and packing glands shall be
    maintained as approved by the department.
    (h) Detection of gas.--
    (1) In working places, an approved hand-held gas
    detection device shall be provided for use with each
    machine when working. If methane gas is detected in an
    amount of 1% or greater, the individual in charge shall
    immediately stop the machine, cut off the current at the
    nearest switch and report the matter to a mine official.
    (2) When not in use, equipment shall be parked
    away from the face. No electrically operated permissible
    face equipment shall be taken inby the last open
    breakthrough until the machine operator assures that an
    inspection for gas has been made in the place where
    the machine is to be in operation. If methane gas is
    detected in an amount of 1% or greater by a gas
    detection device, the machine shall not be taken in. The
    place shall be dangered off until the gas has been
    removed or rendered harmless.
    (3) No electrically operated equipment shall be in
    use for a period longer than 20 minutes without a check
    for methane gas as required under this subsection. If
    methane gas is found at 1% or greater, the individual in
    charge shall immediately stop the machine, cut off the
    current at the nearest switch and report the matter to a
    mine official.

    - 166 -
    (4) The individual finding gas shall at once report
    the fact to the mine foreman, assistant mine foreman or
    mine examiner, and the machine shall not again be
    started in that place until the mine examiner or an
    individual duly authorized by the mine foreman has
    examined it and pronounced it safe.
    (5) If any electric sparking or arc is produced
    outside a coal-cutting or other portable motor, or by the
    cables or rails, the machine shall be stopped,
    disconnected from the power supply and not be worked
    again until the defect is repaired and the occurrence
    shall be reported to a mine official.
    (i) Methane monitors.--
    (1) Methane monitors shall be installed on all face-
    cutting machines and other mechanized equipment
    used to extract or load coal in a mine. The sensing
    device for methane monitors shall be installed at the
    return end of the longwall face. An additional sensing
    device shall also be installed on the longwall shearing
    machine, down wind and as close to the cutting head as
    is practicable. The sensing devices for methane on
    other types of machines shall be installed as close to the
    working face as is practicable. Methane monitors shall
    be maintained in permissible and proper operating
    conditions and shall be calibrated with a known air-
    methane mixture at least once every 31 days. To assure
    that methane monitors are properly maintained and
    calibrated, the operators shall do all of the following:
    (i) Use individuals properly trained in the
    maintenance, calibration and permissibility of methane
    monitors to calibrate and maintain the devices.

    - 167 -
    (ii) Maintain a record of all calibration tests of
    methane monitors. Records shall be maintained in a
    secure book that is not susceptible to alteration or
    electronically in a computer system so as to be secure
    and not subject to alteration.
    (iii) Retain the record of calibration tests for one
    year from the date of the test. Records shall be retained
    at a surface location at the mine and made available to
    department representatives and representatives of the
    mine workers.
    (2) When the methane concentrations at any
    methane monitor reach 1%, the monitor shall give a
    warning signal. The warning signal of the methane
    monitor shall be visible to the mining machine operator,
    who can de-energize electric equipment or shut down
    diesel equipment on which the monitor is mounted. A
    gas check shall be completed in accordance with this
    act if at any time the methane concentrations at any
    methane monitor reach 1.5%. This shall only apply if the
    methane monitor maintains a warning signal for
    methane concentrations of 1.5%.
    (3) The methane monitor shall automatically de-
    energize electric equipment or shut down diesel-
    powered equipment when the methane accumulation
    reaches 2% or the methane monitor is not operating
    properly.
    Section 317. Inspection of equipment.
    (a) Inspection required.--All electrical equipment shall
    be inspected by the mine electrician or individual

    - 168 -
    designated by the mine electrician weekly and, where
    necessary, shall be cleaned and repaired.
    (b) Removal of coal dust.--All electric motors and
    cables in mechanical sections shall have all excessive
    coal dust removed from their exterior surfaces once
    each operating shift.
    Section 318. Stationary motors.
    Every stationary motor underground, together with its
    starting equipment, shall be protected by a fuse or
    circuit-breaking device on each ungrounded pole and by
    switches arranged to entirely cut off the power from the
    motor. The devices shall be installed in a convenient
    position near the motor, and every stationary
    underground motor of 100 brake horsepower or over
    shall be provided with a suitable meter to indicate the
    load on the machine.
    Section 319. Underground electrical installations.
    (a) Housing.--Underground transformer stations,
    battery charging stations, substations, rectifiers and
    water pumps shall be housed in noncombustible
    structures or areas or be equipped with a fire
    suppression system.
    (1) When a noncombustible structure or area is
    used, these installations shall be:
    (i) Ventilated with intake air that is coursed into a
    return air course or to the surface and that is not used to
    ventilate working places;
    (ii) ventilated with intake air that is monitored For
    carbon monoxide or smoke by an atmospheric

    - 169 -
    monitoring System installed and operated according to
    30 cfr § 75.351 (relating to atmospheric monitoring
    systems). Monitoring of intake air ventilating battery
    charging stations shall be done with sensors not
    affected by hydrogen; or
    (iii) ventilated with intake air and equipped with
    sensors to monitor for heat and for carbon monoxide or
    Smoke. Monitoring of intake air ventilating battery
    charging stations shall be done with sensors not
    affected by hydrogen. The sensors shall de-energize
    power to the Installation, activate a visual and audible
    alarm located outside of and on the intake side of the
    enclosure, and Activate doors that will automatically
    close when either of the following occurs:
    (A) The temperature in the noncombustible
    structure reaches 165 degrees Fahrenheit; or
    (B) the carbon monoxide concentration
    reaches ten parts per million above the ambient level for
    the area, or the optical density of smoke reaches .022
    Per meter. At least every 31 days, sensors installed to
    monitor for carbon monoxide shall be calibrated with a
    known concentration of carbon monoxide and air
    sufficient to activate the closing door, or each smoke
    sensor shall be tested to determine that it functions
    correctly.
    (2) When a fire suppression system is used, these
    Installations shall be:
    (i) Ventilated with intake air that is coursed into a
    return air course or to the surface and that is not used to
    ventilate working places; or

    - 170 -
    (ii) ventilated with intake air that is monitored for
    carbon monoxide or smoke by an atmospheric
    monitoring system installed and operated according to
    30 cfr § 75.351. Monitoring of intake air ventilating
    battery charging stations shall be done with sensors not
    affected by hydrogen.
    (b) Applicability.--this section does not apply to:
    (1) Rectifiers and power centers with transformers
    that are either dry-type or contain nonflammable liquid, if
    they are located at or near the section and are moved
    as the working section advances or retreats.
    (2) Submersible pumps.
    (3) Permissible pumps and associated permissible
    switchgear.
    (4) Pumps located on or near the section and that
    are moved as the working section advances or retreats.
    (5) Small portable pumps.
    Section 320. Underground illumination.
    (a) Sockets.--In all mines, the sockets of fixed electric
    lamps shall be of so-called weatherproof type, the
    exterior of which shall be entirely nonmetallic. Flexible
    lamp cord connections are prohibited, except for
    portable lamps as provided under subsection (c).
    (b) Lamps.--Electric lamps shall be placed so they
    cannot come in contact with combustible material.
    (c) Portable electric lamps.--Portable electric lamps,
    other than battery lamps, shall not be used in
    connection with the repair and inspection of machines

    - 171 -
    and equipment in face areas. When used elsewhere,
    they shall be protected by a heavy wire cage completely
    enclosing both lamp and socket and shall be provided
    with a handle to which both cage and socket are firmly
    attached and through which the lead-in wires are
    carried.
    (d) Electric lamp enclosure.--Electric lamps, when
    used in face areas of any mine, shall be installed in
    explosion-proof enclosures.
    (e) Electric lamp replacement.--Electric lamps shall be
    replaced by a competent individual. In face areas, a
    qualified individual shall be utilized after an examination
    for gas has been made with an approved gas detection
    device.
    (f) Underground photography.--Underground
    photography using flash bulbs or other sources of
    artificial illumination shall be prohibited unless
    immediately preceded by an examination for gas by a
    mine foreman, assistant mine foreman or mine examiner
    and the place found safe.
    Section 321. Telephones and signaling.
    (a) Telephone service.--Telephone service or
    equivalent two-way communication facilities shall be
    provided in all mines between the surface and each
    working section that is more than 1,500 feet from the
    main portal.
    (b) Telephone lines.--Telephone lines shall be carried
    on insulators, installed on the opposite side from power
    or trolley wires and insulated adequately where they
    cross power or trolley wires.

    - 172 -
    (c) Lightning arrestors.--Lightning arrestors shall be
    provided at points where telephone circuits enter the
    mine.
    (d) Telephone cables.--Telephone cables
    permanently installed in power boreholes containing
    unarmored power cables shall be either armored or
    protected at top and bottom by insulating transformers.
    (e) Precautions.--All proper precautions shall be taken
    to prevent electric signal and telephone wires from
    coming into contact with other electric conductors,
    whether insulated or not.
    (f) Standards generally.--Bells, wires, insulators,
    contact makers and other apparatus used in connection
    with electric signaling underground shall be of suitable
    design and of substantial and reliable construction and
    erected in such a manner as to reduce the liability of
    failures or false signals to a minimum.
    (g) Potential.--In the face areas of any mine, the
    potential used for signal purposes shall not exceed 24
    volts, and bare wires shall not be used for signal circuits.
    (h) Voltage on signal circuits.--The voltage on signal
    circuits confined to intake air and using insulated
    conductors may be greater than 24 volts, but shall not
    exceed 125 volts average. This shall not apply to
    haulage block signal systems.
    Section 322. Grounding.
    (a) General rule.--In a direct-current electrical system,
    grounding shall consist in so connecting any part of an

    - 173 -
    electrical system, including frames, to the earth that
    there shall be no difference of potential between them.
    (b) Negative side to be grounded.--Only the negative
    side of the direct-current circuit shall be grounded.
    (c) Rectifier diodes.--Rectifier diodes used at any
    bituminous coal mine shall be connected to the supply
    circuit through an isolating winding in order that isolation
    between alternating current and direct-current systems
    is effective.
    (d) Initial installation.--The initial installation of
    rectifiers at any bituminous coal mine shall be approved
    by the department before being energized.
    Section 323. Voltage limitation.
    In no case shall the potential used in the trolley
    system be higher than 600 volts.
    Section 324. Incoming feeder-disconnect switches.
    Disconnecting switches shall be installed underground
    in all main direct-current power circuits within 500 feet of
    the bottom of shafts, boreholes or at other places where
    main power circuits enter a mine.
    Section 325. Bonding.
    Where air or water pipes parallel the grounded return
    of power circuits, the return shall be securely bonded to
    the pipes at frequent intervals to eliminate the possibility
    of a difference of voltage between rails and pipes and to
    prevent electrolysis of the pipes. The rail return shall be
    of sufficient capacity for the current used, independent
    of the capacity of the pipes. On main haulage roads,

    - 174 -
    both rails shall be bonded, except welded track, and
    cross bonds shall be placed at points not to exceed 200
    feet apart. On secondary haulage roads, one rail shall
    be bonded continuously.
    Section 326. Trolley installation.
    (a) Trolley wires and feeder lines.--All trolley wires
    and feeder lines installed on underground haulage roads
    shall be placed as far to one side of the passageway as
    is practicable, but not less than six inches outside of
    line of rail, and securely supported upon hangers which
    shall not be more than 24 feet apart and efficiently
    insulated.
    (b) Prohibition.--In all mines, trolley and feeder wires
    shall not extend beyond the last open crosscut and shall
    be kept at least 150 feet from open pillar workings.
    (c) Switches or circuit breakers.--All branch trolley
    lines shall be fitted with either a trolley switch, circuit
    breaker or section insulator and line switch or some
    other device that will allow the current to be shut off from
    the branch headings.
    Switches or circuit breakers shall be provided on
    haulage roads to de-energize all trolley and feeder lines
    at intervals not to exceed 2,000 feet.
    Section 327. Connections to trolley.
    (a) Permanent connections.--All permanent
    connections to trolley feeder circuits shall be made with
    suitable mechanical connectors. No temporary or
    permanent connection shall be wrapped or tied.

    - 175 -
    (b) Temporary connections.--Temporary connections
    for portable equipment may be made through fused
    trolley taps.
    (c) Safety ground and negative connections.--Safety
    ground and negative connections for temporary or
    permanent installations shall be made at two separate
    points, at least six inches apart, and shall be made
    directly to the track, a bond or the system ground.
    Section 328. Guarding.
    At all landings and partings or other places where
    individuals are required to regularly work or pass under
    trolley or other bare power wires, which are placed less
    than six and one-half feet above top of rail, a suitable
    protection shall be provided. This protection shall
    consist of placing boards along the wire, which boards
    shall not be more than five inches apart nor less than
    two inches below the lowest point of the wire. The
    distance between boards on curves may exceed five
    inches, but shall not exceed eight inches. This does not
    prohibit the use of other approved devices or methods
    furnishing equal or better protection.
    Section 329. Locomotives.
    (a) Electric haulage.--Electric haulage by trolley
    locomotive is not permitted except on intake air.
    (b) Certain operation prohibited.--It shall be unlawful
    to run or operate a locomotive, fed directly or indirectly
    from a trolley wire, by the open entrances to worked out
    places wherein the pillars have been drawn or places in

    - 176 -
    which the pillars have not been drawn but in places
    where the roof has collapsed.
    (c) Certain use proscribed.--No open-type electric
    locomotive or open-type electric machine of whatsoever
    type shall be taken into a working place. Main return
    airways or passageways shall not be used as
    haulageways for electric locomotives operated from a
    trolley wire.
    Section 330. Outdoor substation.
    The outdoor substation shall be built in accordance
    with current Institute of Electrical and Electronics
    Engineers' standards and department equipment
    performance specification and shall include:
    (1) Protective fence or enclosure.
    (2) Primary or incoming line lightning arrestors.
    (3) Positive disconnecting means on the incoming
    or primary line with a circuit breaker or fuses to interrupt
    safely any current, normal or abnormal, which might be
    encountered.
    (4) Transformer bank to convert the incoming or
    primary voltage to the transmission voltage. The use of
    auto-transformers for this purpose is prohibited.
    Secondary or underground transmission voltage shall
    not exceed 15,000 volts, nominal, phase to phase. The
    transformer may be connected delta-wye, wye-delta or
    delta-delta. Wye-wye connections shall not be used
    because of voltage instability under some conditions of
    load. In the event that the secondary winding is delta-
    connected, the neutral necessary for the four-wire

    - 177 -
    transmission circuit shall be derived by the use of a
    three-phase zig-zag or grounding transformer. Where
    grounding transformers are used, they shall be of
    sufficient capacity to carry maximum ground fault
    current continuously. Should the substation primary or
    supply voltage equal the mine transmission voltage, the
    main transformer bank may be omitted and the zig-zag
    transformer used to derive a system neutral if one is not
    otherwise available.
    (5) Secondary lightning arrestors.
    (6) Ground fault-current limiting resistor capable of
    continuously limiting ground fault current to 25 amperes
    or less. The resistor shall be adequately insulated and
    shall be protected by a grounded fence or screen unless
    mounted eight feet or more above ground.
    (7) Secondary or mine feeder circuit breaker with
    interrupting capacity adequate for any possible condition
    of fault and no less than the short circuit capacity of the
    system supplying power to the breaker. Positive
    disconnect means shall be provided on the input and
    output side of the breaker. Use of automatic reclosing
    circuit breakers is prohibited. Breaker automatic tripping
    shall be through protective relays and shall provide, as a
    minimum, tripping by undervoltage, instantaneous and
    inverse time limit phase overcurrent, ground fault current
    not exceeding 15 amperes and ground-continuity check
    not exceeding seven amperes. The ground-continuity
    check circuit shall continuously monitor the integrity of
    the neutral circuit leading underground and shall cause
    the breaker to open when either the ground or pilot
    check wire is broken. An ammeter capable of reading

    - 178 -
    current in each phase and a voltmeter capable of
    reading phase-to-phase voltage shall be provided at the
    circuit breaker.
    (8) Surge protection or station ground bed to which
    shall be connected all lightning arrestor grounds,
    substation equipment frame grounds, fence, if metallic,
    and substation structure, if metallic. There shall be no
    direct connection between this ground bed and either
    the grounded side of the mine direct-current system or
    the neutral ground bed described below.
    (9) Neutral or primary ground bed located at least
    25 feet away from the station ground at its closest point
    and to which shall be connected only the inby or load
    end of the neutral current limiting resistor. To prevent
    current transformer core saturation by stray direct
    current return currents, or neutral conductor damage,
    there shall be no direct or metallic connection between
    any point of the high-voltage alternating current neutral
    circuit and the mine direct-current ground.
    (10) Ground bed resistance shall be measured at
    least every six months and appropriate action taken to
    assure the maintenance of four ohms or less of ground
    bed resistance. A record of these resistance
    measurements shall be kept in a book provided for that
    purpose.
    Section 331. High-voltage underground transmission
    system.
    (a) Underground.--High-voltage cables leading
    underground and extending underground shall be of the
    multiple conductor flame-resistant type with a rubber,

    - 179 -
    plastic or armor sheath meeting the requirements of the
    department for flame resistance. They shall be
    equipped with metallic shields around each power
    conductor. One or more ground conductors shall be
    provided of a total size either:
    (1) not less than one-half the power conductor size;
    or
    (2) capable of carrying two times the maximum
    ground fault current. There shall also be provided an
    insulated conductor not smaller than No. 10 AWG for
    the ground-continuity check circuit. Cables shall be
    adequate for the intended current and voltage. Splices
    made in the cable shall provide continuity of all
    components and shall be made in accordance with the
    cable manufacturers' recommendations. A competent
    individual designated by the mine electrician shall
    supervise the making of splices.
    (b) Subject to flexing.--High-voltage cables subject to
    repeated flexing shall be similar in construction to type
    SH-D in accordance with Insulated Power Cable
    Engineers Association standard S-19-81.
    (c) Couplers.--If couplers are used, they shall be of
    the three-phase type with a full metallic shell and shall
    be adequate for the voltage and current expected. All
    exposed metal on the couplers shall be grounded to the
    ground conductor in the cable. The coupler shall be
    constructed so that the ground continuity conductor shall
    be broken first and the ground conductor shall be
    broken last when the coupler is being uncoupled.

    - 180 -
    (d) Equipment passing over or under cable.--At
    locations where cables cross haulageways or
    travelways or where equipment must pass over or under
    the cable, the cables shall be either installed in a trench
    in the roof, protected by some mechanical means or
    buried at least 12 inches below combustible material
    and adequately protected from crushing by the weight of
    equipment passing over it.
    (e) Location of installation.--High-voltage cables shall
    be installed only in intake airways. They may be
    installed on intake haulageways only with the approval
    of the department. The cable may be installed by
    hanging on suitable hooks or clamps, supported by a
    suitable messenger cable, burying or installing in metal
    conduit. When suspended, the distance between
    supports shall not exceed 20 feet, and they shall be so
    placed that they do not damage the cable jacket. When
    hung in a haulage entry containing a trolley wire, the
    cable shall be installed at least 12 inches from the trolley
    wire or feeder wires and away from the track.
    (f) Excess cable.--Any excess cable which is
    connected and supplying a load shall be coiled, stored
    on a reel or otherwise stored at a place near the load
    where it can be protected by dangering off the storage
    area. The cable shall not exceed 1,000 feet in length.
    (g) Frames and enclosures.--Frames and enclosures
    of high- voltage switch units, transformers, metallic
    cable couplers and splice boxes shall be grounded to
    the common or primary ground for the system in the
    high-voltage cable.

    - 181 -
    (h) Taps or branch circuits.--Taps or branch circuits
    from the high-voltage feeder shall be made through
    circuit breakers or suitable load break switches.
    (i) Non-load breaking disconnect switches.--When
    non-load breaking disconnect switches are used for
    sectionalizing high-voltage circuits, they shall be fully
    metal clad, equipped with a door interlock to break the
    ground-continuity check circuit, thus tripping the feeding
    breaker when the door is open, and a voltmeter or
    indicating lights to verify that the circuit is deenergized
    before the disconnected switches are opened.
    (j) Applicability.--For the purpose of interpretation and
    compliance with subsection (h) and section 313(h), the
    following apply:
    (1) A branch circuit is a subportion of the high-
    voltage system, serving one or more loads. The branch
    circuit begins at the junction or splitting of the high-
    voltage system. The junction consists of the following
    distinct elements:
    (i) Input feeder, which delivers power from the
    source.
    (ii) Output feeder, which may extend the feeder to
    other parts of the high-voltage system.
    (iii) Branch circuit.
    The output feeder is not considered as a branch
    circuit and is not required to have electrical protection at
    the junction, but receives electrical protection either at
    the source substation or at some place between the

    - 182 -
    source substation and the junction. The branch circuit is
    required to have protection at the junction.
    (2) A tap supplies power to the high-voltage loads
    located entirely within the enclosure where the
    connection is made. Where no splitting of the feeder
    cable occurs, neither a tap nor branch is created.
    (3) A suitable load-break switch, which may be
    used in lieu of a circuit breaker, is a gang-operated
    switch with a voltage rating not less than the system
    voltage, capable of interrupting a current equal to its
    continuous full load rating and to be used in conjunction
    with fuses to provide overload and short circuit
    protection for the load being served.
    Section 332. Load center.
    Transmission voltage shall be reduced to machine
    utilization voltage by a portable transformer or load
    center of adequate capacity for the equipment powered
    by it. The transformer shall be of the dry type, ventilated,
    non-ventilated or sealed, substantially constructed and
    completely enclosed in a metal case. The metal
    enclosure shall be connected to the high-voltage system
    ground conductor in the high-voltage cable. Complete
    load center construction shall render it essentially
    fireproof. In addition to these requirements, the following
    shall be observed:
    (1) Connection of the high-voltage cable to the load
    center shall be made through a cable coupler of the type
    described in section 331(c).

    - 183 -
    (2) The load center shall be equipped with a positive
    disconnect means on the incoming or high-voltage
    circuit. This may consist of a circuit breaker, load-break
    switch, disconnect switch or other device. The following
    apply:
    (i) If a circuit breaker is used for this purpose, it
    shall be equipped with instantaneous and inverse time
    limit phase overcurrent and undervoltage relaying
    protection.
    (ii) If a device other than a circuit breaker is used,
    it shall be so arranged that it cannot be operated until
    the ground continuity check circuit in the high-voltage
    cable has opened causing the nearest feeding circuit
    breaker to trip.
    (3) The restriction of section 330(4) pertaining to
    transformer connections and use of zig-zag grounding
    transformers also apply to the load center.
    (4) The transformer secondary neutral, direct or
    derived, shall be connected to machine trailing cable
    safety ground conductors through a ground current
    limiting resistor capable of limiting ground fault current to
    25 amperes or less. The inby side of the resistor shall
    be grounded to the load center frame if no DC
    equipment powered from a common mine DC system
    can contact the frames of AC equipment powered by
    this load center. In the event there is a possibility of
    frame contact between AC equipment and DC
    equipment supplied from a common DC mine system,
    the inby side of the resistor may be insulated from the
    load center frame and shall be solidly connected to the
    DC ground system.

    - 184 -
    (5) The load center shall be equipped with a main
    secondary breaker of adequate interrupting capacity
    with tripping devices which shall feed individual machine
    breakers located either in the load center or external to it
    in a separate distribution center. External utilization
    voltage connections shall be made through receptacles
    arranged so that they cannot be uncoupled under load.
    (6) Load centers shall be located on intake air only.
    Load centers shall not be located beyond the last open
    crosscut or located closer than 250 feet along the air
    route to pillar workings.
    Section 333. Distribution centers.
    (a) General rule.--Distribution centers may be used to
    distribute utilization power to portable equipment. The
    distribution center may be connected to the load center
    through one or more cables or conductors protected by
    flame-resistant jackets with combined capacity sufficient
    to carry the maximum loads that may be encountered.
    The distribution center shall contain breakers adequate
    to interrupt any fault current that might occur, which
    shall feed each unit of equipment that is connected to
    the distribution center. Each breaker shall be equipped
    with tripping devices that will function, on overload,
    phase fault and ground fault. Distribution centers shall
    be located on intake air only, and shall not be located
    beyond the last open crosscut or closer than 150 feet
    from pillar workings unless the distribution center shall
    have an approved explosion-proof enclosure.
    (b) Cables.--Utilization voltage cables shall be fitted
    with plug couplers and provision made so that cables

    - 185 -
    cannot be uncoupled under load. All plugs and sockets
    shall be substantially constructed, and any exposed
    metal portions shall be grounded. Couplers shall be
    constructed so that the ground conductor connection is
    broken last during uncoupling.
    (c) Ground conductors.--Utilization voltage
    conductors, cables or conductor groups shall contain
    one or more ground conductors which when combined
    shall be able to carry safely and continuously at least
    twice the maximum ground fault current.
    (d) Option.--A combined alternating and direct-current
    distribution or load center complete within a substantially
    fireproof metal enclosure, with a dry type transformer
    and solid state rectifier and adequate automatic
    electrical protection, may be used to distribute
    alternating and direct current utilization power. The
    power supply to this unit may be low, medium or high
    voltage. When high voltage is utilized, the requirements
    of section 332 shall apply. When medium or low voltage
    is utilized, this section shall apply. However, when an
    external DC distribution device is employed, the rectifier
    output may be taken through a main DC circuit breaker
    to that device without the use of a plug and receptacle
    system.
    Section 334. Mandatory safety components of electrical
    equipment.
    (a) Requirement.--Low-voltage, medium-voltage and
    high-voltage resistance ground systems shall have
    ground wire monitors to continuously monitor the

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    continuity of the grounding circuits to the equipment
    affected, except for:
    (1) Low-voltage and medium-voltage circuits
    supplying power to longwall illumination systems.
    (2) Low-voltage and medium-voltage stationary
    equipment installed in accordance with all of the
    following:
    (i) The equipment is permanently installed at a
    fixed location.
    (ii) All load components are securely attached to
    a common metallic frame or structure.
    (iii) Each component of the equipment is
    grounded by two independent equipment safety
    grounding, each sized appropriately.
    (iv) At least one of the equipment safety ground
    conductors to each component is visible for its entire
    length. High-voltage resistance grounded systems shall
    have ground wire monitors to continuously monitor the
    continuity of the grounding circuits. All ground wire
    monitors shall be designed and constructed to be
    failsafe.
    (b) Study.--The mining industry shall initiate a study to
    enhance the safety of underground direct-current
    machine cables. The program shall include an
    evaluation of ground wire monitors for use on all direct-
    current equipment. The program shall include laboratory
    and underground testing. The test results shall be
    documented and presented to the Board of Coal Mine

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    Safety no later than 365 days after the effective date of
    this act for action by the board.
    (c) Additional study.--The mining industry shall initiate
    a study to enhance the safety of underground cables.
    The program shall include an evaluation of metallic
    shielded cable, nonmetallic shielded cable and more
    sensitive ground fault limiting and detection. The
    program shall include laboratory and underground
    testing. The results shall be documented and presented
    to the Board of Coal Mine Safety no later than 365 days
    after the effective date of this act for action by the board.
    (d) Plugs.--If plugs are used on any cable in a mine,
    the plugs must be interlocked.
    Section 335. High-voltage longwalls.
    Sections 336 through 344 are electrical safety
    standards that apply to high-voltage longwall circuits
    and equipment. All other standards established under
    this act also apply to longwall circuits and equipment
    when appropriate. The department shall consider
    existing Federal interpretations of comparable standards
    when implementing and enforcing these requirements.
    Section 336. Longwall electrical protection.
    (a) High-voltage circuits.--High-voltage circuits must
    be protected against short circuits, overloads, ground
    faults and undervoltages by circuit-interrupting devices
    of adequate interrupting capacity as follows:
    (1) Current settings of short-circuit protective
    devices must not exceed the setting specified in
    approval documentation or 75% of the minimum

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    available phase-to-phase short-circuit current,
    whichever is less.
    (2) Time-delay settings of short-circuit protective
    devices used to protect any cable extending from the
    section power center to a motor-starter enclosure must
    not exceed the settings specified in approval
    documentation or one-quarter second, whichever is
    less. Time-delay settings of short-circuit protective
    devices used to protect motor and shearer circuits must
    not exceed the settings specified in approval
    documentation or three cycles, whichever is less.
    (3) Ground-fault currents must be limited by a
    neutral grounding resistor to not more than:
    (i) Six and one-half amperes when the nominal
    voltage of the power circuit is 2,400 volts or less; or
    (ii) three and three-quarters of an ampere when
    the nominal voltage of the power circuit exceeds 2,400
    volts.
    (4) High-voltage circuits extending from the section
    power center must be provided with all of the following:
    (i) Ground-fault protection set to cause de-
    energization at not more than 40% of the current rating
    of the neutral grounding resistor.
    (ii) A backup ground-fault detection device to
    cause de-energization when a ground fault occurs with
    the neutral grounding resistor open.
    (iii) Thermal protection for the grounding resistor
    that will de-energize the longwall power center if the
    resistor is subjected to a sustained ground fault. The

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    thermal protection must operate at either 50% of the
    maximum temperature rise of the grounding resistor or
    150 Centigrade or 302 Fahrenheit, whichever is less,
    and must open the ground-wire monitor circuit for the
    high-voltage circuit supplying the section power center.
    The thermal protection must not be dependent upon
    control power and may consist of a current transformer
    and overcurrent relay.
    (5) High-voltage motor and shearer circuits must be
    provided with instantaneous ground-fault protection set
    at not more than 0.125 of an ampere.
    (6) Time-delay settings of ground-fault protective
    devices used to provide coordination with the
    instantaneous ground-fault protection of motor and
    shearer circuits shall not exceed one-quarter second.
    (7) Undervoltage protection shall be provided by a
    device which operates on low voltage to cause and
    maintain the interruption of power to a circuit to prevent
    automatic restarting of the equipment.
    (b) Current transformers.--Current transformers used
    for the ground-fault protection specified in subsection
    (a)(1), (4)(i) and (5) must be single window type and
    must be installed to encircle all three-phase conductors.
    Equipment safety grounding conductors must not pass
    through or be connected in series with ground-fault
    current transformers.
    (c) Test circuit.--Each ground-fault current device
    specified in subsection (a)(4)(i) and (5) must be
    provided with a test circuit that will inject a primary
    current of 50% or less of the current rating of the

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    grounding resistor through the current transformer and
    cause each corresponding circuit-interrupting device to
    open.
    (d) Prohibition.--Circuit-interrupting devices shall not
    reclose automatically.
    (e) Multiple cables.--Where two or more high-voltage
    cables are used to supply power to a common bus in a
    high-voltage enclosure, each cable must be provided
    with ground wire monitoring. The ground wire monitoring
    circuits must cause de-energization of each cable when
    either the ground monitor or grounding conductor of any
    cable becomes severed or open. On or after the
    effective date of this section, parallel-connected cables
    on newly installed longwalls must be protected as
    follows:
    (1) When one circuit-interrupting d