act-1961-0-339•Pennsylvania Act 1961-339 — PENNSYLVANIA BITUMINOUS COAL MINE ACT - REPEALED
Pennsylvania Act 1961-339 — PENNSYLVANIA BITUMINOUS COAL MINE ACT - REPEALED
act-1961-0-3391961 Pa. Act 339Law
Act text part 1
PENNSYLVANIA BITUMINOUS COAL MINE ACT - REPEALED
Act of Jul. 17, 1961, P.L. 659, No. 339 Cl. 52
AN ACT
Relating to bituminous coal mines; amending, revising,
consolidating and changing the laws relating thereto;
providing for the health and safety of persons employed in
and about the bituminous coal mines of Pennsylvania and for
the protection and preservation of property connected
therewith; prescribing powers and duties in connection
therewith; prescribing penalties; and repealing existing
laws.
TABLE OF CONTENTS
ARTICLE I.
APPLICATION, DEFINITIONS, ADMINISTRATION
Section 101. Short Title.
Section 102. Application.
Section 103. Definitions.
Section 104. The Secretary and the Deputy Secretary.
Section 105. Mine Inspection Districts; Mine Inspectors.
Section 106. Electrical Inspectors.
Section 107. Eligibility for Appointment as a Bituminous Coal
Mine Inspector.
Section 108. Eligibility for appointment as an Electrical
Inspector.
Section 109. Bituminous Mine Inspectors' and Electrical
Inspectors' Examining Board.
Section 110. Salary of Mine Inspectors.
Section 111. Salary of Electrical Inspectors.
Section 112. Mine Inspector Expenses.
Section 113. Electrical Inspector; Expenses.
Section 114. Mine Inspector; Bond; Oath.
Section 115. Temporary Mine Inspectors and Electrical
Inspectors.
Section 116. Removal of Mine Inspectors and Electrical
Inspectors.
Section 117. Duties of Mine Inspectors.
Section 118. Duties of Electrical Inspectors.
Section 119. Inspections; Reports of Inspections.
Section 120. Mine Inspector; Cease Work.
Section 121. Mine Inspectors' Findings.
Section 122. Mine Inspectors' Reports to the Secretary.
Section 123. Discretionary Power of Mine Inspectors.
Section 124. Appointment of a Commission by the Secretary.
Section 125. Reports of Operating Mines.
Section 126. Mine Rescue Station; Equipment; Instructors.
Section 127. Mine Rescue Crews.
Section 128. Supervision of Mine Rescue Work.
ARTICLE II.
BOARDS OF EXAMINERS; EXAMINATION AND CERTIFICATION;
DUTIES OF MINE FOREMEN, ASSISTANT MINE FOREMEN,
MINE EXAMINERS, MINE ELECTRICIANS, MINERS,
MACHINE OPERATORS, AND SHOT-FIRERS;
GENERAL MINING REQUIREMENTS
A. BOARDS OF EXAMINERS AND CERTIFICATION OF MINE
FOREMEN, ASSISTANT MINE FOREMEN, MINE EXAMINERS,
AND MINE ELECTRICIANS.
Section 201. Boards of Examiners.
Section 202. Districts for Boards of Examiners.
Section 203. Preparation of Examinations.
Section 204. Compensation of Boards of Examiners.
Section 205. Designation of Boards for Examination.
Section 206. Qualification for Certification.
Section 207. Fees for Examination.
Section 208. Issuance of Certificates.
Section 209. Records of Examinations.
Section 210. Unlawful to Use Noncertified Persons.
Section 211. Certification of Miners.
Section 212. Qualifications for Certification as Miners.
Section 213. Fees for Miners' Certificates.
Section 214. Issuance of Miners' Certificates.
Section 215. Unlawful to Use Noncertified Miners.
Section 216. Penalty for Forged Certificates.
B. CERTIFICATION OF MINING MACHINE OPERATORS AND
SHOT-FIRERS.
Section 217. Certification of Mining Machine Operators and
Shot-Firers.
C. DUTIES OF MINE FOREMEN AND ASSISTANT MINE FOREMEN.
Section 218. Employment of Mine Foremen.
Section 219. Employment of Mine Electricians.
Section 220. Employment of Assistant Mine Foremen.
Section 221. Mine Foreman; Ventilation.
Section 222. Mine Foreman; Safety of Working Places.
Section 223. Mine Foreman; Shooting.
Section 224. Mine Foreman; Drainage.
Section 225. Mine Foreman; Employment of Competent Persons.
Section 226. Mine Foreman; Inspections and Reports.
D. EMPLOYMENT AND DUTIES OF MINE EXAMINERS.
Section 227. Employment of Mine Examiners.
Section 228. Duties of Mine Examiners.
E. MANAGEMENT OF MINE; DUTIES OF MINE
SUPERINTENDENTS.
Section 229. Management of the Mine.
Section 230. Mine Supplies; Countersign Reports.
Section 231. General Responsibility of Superintendent.
Section 232. Danger Signals.
Section 233. Rules and Notices.
Section 234. Withdrawal of Certification.
F. MAPS AND PLANS.
Section 235. Contents of Maps and Plans.
Section 236. Information as to Adjoining Mine.
Section 237. Availability of Map.
Section 238. Revision of Map.
Section 239. Furnishing Copies of Maps.
Section 240. Duties upon Abandonment of Mine.
Section 241. Survey by Mine Inspector.
G. VENTILATION.
Section 242. Ventilation Requirements.
Section 243. Crosscuts and Stoppings.
Section 244. Doors, Overcasts, and Undercasts.
Section 245. Line Brattice.
Section 246. Auxiliary Blowers and Fans.
Section 247. Unused and Abandoned Parts of the Mine.
Section 248. Sewage Dumping Prohibited.
Section 249. Fans.
Section 250. Measurement of Methane.
H. COAL DUST AND ROCK DUST.
Section 251. Control of Coal Dust; Rock Dusting.
I. ROOF; FACE; RIBS.
Section 252. Employes: Instruction of; Examination of Working
Areas; Duties.
Section 253. Roof Support.
J. EXPLOSIVES AND DISLODGING COAL.
Section 254. Authorized Explosives.
Section 255. Surface Magazines for Explosives.
Section 256. Underground Storage of Explosives.
Section 257. Preparation of Shots; Blasting Practices; Multiple
Shooting.
Section 258. Other Blasting Devices.
Section 259. Transportation of Explosives.
Section 260. Unlawful to Employ Noncertified Shot-Firers.
Section 261. Electrical Shot-Firing.
Section 262. General Shot-Firing Rules.
K. HOISTING.
Section 263. Hoisting Equipment; Duties of Operator or
Superintendent; Hoisting Operations.
Section 264. Duties of Bottom Man.
Section 265. Number of Persons to be Hoisted.
Section 266. Duties of Top Man.
Section 267. Use of Competent Engineers.
L. TRANSPORTATION.
Section 268. Clearances and Shelter Holes.
Section 269. Underground Equipment; Use and Maintenance.
Section 270. Operation of Haulage Equipment.
Section 271. Duties of Trip Rider and Hooker-On on Rope
Haulage.
Section 272. Transportation of Men.
Section 273. Conveyor Belts; Construction and Operation of
Conveyor Equipment Underground.
M. WELDING AND CUTTING.
Section 274. Blowtorches and Fuel.
Section 275. Oxygen and Gas Containers.
Section 276. Transportation of Oxygen and Gas.
Section 277. Storage of Oxygen and Gas.
Section 278. Use of Oxygen and Gas.
N. MISCELLANEOUS SAFETY PROVISIONS; OPERATING
REQUIREMENTS, AND GENERAL PRACTICES.
Section 279. Duties of Persons Subject to this Act; Rules and
Regulations of Operators.
Section 280. Reclassification from Non-Gassy to Gassy Mine.
Section 281. Protective Clothing.
Section 282. Checking Systems.
Section 283. No Act Permitted Endangering Security of Mine;
Search for Intoxicants, Matches, Etc.
Section 284. Responsibility for Care and Maintenance of Face
Equipment.
Section 285. Control of Dust and Other Inhalation Hazards.
Section 286. Safeguards for Mechanical Equipment.
Section 287. First Aid Equipment.
Section 288. Minimum Fire Protection.
Section 289. Stables in Mines.
Section 290. Mine Openings or Outlets; Roadways, Hoisting
Equipment at Shaft Outlets; Sinking of Shafts;
Limitation of Section.
Section 291. Mining Close to Abandoned Workings.
Section 292. Lubrication and Storage of Flammable Lubricants.
Section 293. Approved Lighting Devices in Gassy Mines.
Section 294. Unauthorized Entering of Mine a Misdemeanor.
Section 295. Passing by or Removing Danger Signals.
Section 296. Miners to Remain in Working Places.
Section 297. Openings Abandoned After the Effective Date of
this Act.
Section 298. Opening for Drainage on Other Lands.
Section 299. Ladders in and about Mines.
Section 299.1. Employment of Persons under Eighteen Years
of Age.
Section 299.2. Inside Structures to be of Incombustible
Materials.
O. SURFACE STRUCTURES AND PRACTICES.
Section 299.3. Tipple and Cleaning Plant.
Section 299.4. Housekeeping.
Section 299.5. Storage of Flammable Liquids in Lamp House.
Section 299.6. Smoking in and around Surface Structures.
Section 299.7. Wash-Houses.
ARTICLE II-A.
DIESEL-POWERED EQUIPMENT
Section 201-A. Underground Use.
Section 202-A. Diesel-Powered Equipment Package.
Section 203-A. Exhaust Emissions Control.
Section 204-A. Ventilation.
Section 205-A. Fuel Storage Facilities.
Section 206-A. Transfer of Diesel Fuel.
Section 207-A. Containers.
Section 208-A. Fire Suppression for Equipment and
Transportation.
Section 209-A. Fire Suppression for Storage Area.
Section 210-A. Use of Certain Starting Aids Prohibited.
Section 211-A. Fueling.
Section 212-A. Fire and Safety Training.
Section 213-A. Maintenance.
Section 214-A. Records.
Section 215-A. Duties of Operator.
Section 216-A. Scheduled Maintenance.
Section 217-A. Emissions Monitoring and Control.
Section 218-A. Diagnostic Testing.
Section 219-A. Exhaust Gas Monitoring and Control.
Section 220-A. Training and General Requirements.
Section 221-A. Equipment-Specific Training.
Section 222-A. Diesel Mechanic Training.
Section 223-A. Operation of Diesel-Powered Equipment.
Section 224-A. Technical Advisory Committee on Diesel-Powered
Equipment.
ARTICLE III.
RULES FOR THE INSTALLATION AND MAINTENANCE OF
ELECTRICAL EQUIPMENT
A. DUTIES OF MINE FOREMAN AND SUPERINTENDENT.
Section 301. Duties of Mine Foreman and Superintendent.
B. DEFINITIONS.
Section 302. Definitions.
C. PLAN OF ELECTRICAL SYSTEM.
Section 303. Plan of Electrical System.
D. GENERAL ELECTRICAL REQUIREMENTS.
Section 304. Protection against Shock.
Section 305. Restoration from Shock.
Section 306. Report of Defective Equipment.
Section 307. Damage or Alteration to Mine Electrical System.
Section 308. Capacity.
Section 309. Joints in Conductors.
Section 310. Cables Entering Fittings.
Section 311. Switches, Fuses, and Circuit Breakers.
Section 312. Lightning Protection.
Section 313. Underground Power Supply.
Section 314. Storage Battery Equipment.
Section 315. Steam Cleaners.
Section 316. Electrical Face Equipment.
Section 317. Inspection of Equipment.
Section 318. Stationary Motors.
Section 319. Permanent Underground Installation.
Section 320. Underground Illumination.
Section 321. Telephones and Signalling.
E. DIRECT CURRENT INSTALLATIONS.
Section 322. Grounding.
Section 323. Voltage Limitation.
Section 324. Incoming Feeder Disconnect Switches.
Section 325. Bonding.
Section 326. Trolley Installation.
Section 327. Connections to Trolley.
Section 328. Guarding.
Section 329. Locomotives.
F. ALTERNATING CURRENT INSTALLATIONS.
Section 330. Outdoor Substation.
Section 331. High Voltage Underground Transmission System.
Section 332. Load Center.
Section 333. Distribution Centers.
G. TECHNOLOGICAL IMPROVEMENT.
Section 334. Technological Improvement.
ARTICLE IV.
ACCIDENTS.
Section 401. Explosion or Accident; Investigation by
Department; Inquests.
Section 402. Scene of Accident; Preservation of Evidence.
ARTICLE V.
REPORTS; COMPLIANCE.
Section 501. Annual and Monthly Reports by Operators of
Bituminous Coal Mines.
ARTICLE VI.
AUGER MINING.
Section 601. Permit Required.
Section 602. Duties of Operator.
Section 603. Special Requirements.
ARTICLE VII.
MISCELLANEOUS PROVISIONS.
Section 701. Compliance and Construction.
Section 702. Adoption of New Items or Methods.
Section 703. Criminal Penalties.
Section 704. Severability.
Section 705. Specific Repeals.
Section 706. General Repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
ARTICLE I.
APPLICATION; DEFINITIONS; ADMINISTRATION
Section 101. Short Title.--This act shall be known and may
be cited as the "Pennsylvania Bituminous Coal Mine Act."
Section 102. Application.--This act shall apply to all
bituminous coal mines in the Commonwealth of Pennsylvania.
Section 103. Definitions.--Subject to additional definitions
contained in the subsequent articles, or sections hereof, and
unless the context otherwise requires in this act, the following
words and terms shall have these meanings:
(1) "Abandoned workings"--Excavations, either caved or
sealed, that are deserted and in which further mining is not
intended.
(2) "Active workings"--All places in a mine that are
ventilated and inspected regularly.
(3) "Inactive workings"--Shall include all portions of a
mine in which operations have been suspended for an indefinite
period, but have not been abandoned.
(4) "Bituminous coal mines"--Shall include all coal mines in
the State not now included in anthracite boundaries, and
whenever the term "mine" appears in this act it shall be
construed to mean bituminous coal mine.
(5) "Certified person"--When used to designate the kind of
person to whom the performance of a duty in connection with the
operation of a mine shall be assigned, shall mean a person who
is qualified under the provisions of this act to perform such
duty. This shall include mine foremen, assistant mine foremen,
mine examiners, and mine electricians.
(6) "Mine"--Includes the shafts, slopes, drifts, or incline
planes connected with excavations penetrating coal stratum or
strata, which excavations are ventilated by one general air
current, or divisions thereof, and connected by a method of
transportation over which coal may be delivered to one or more
points outside the mine, when such is operated by one operator.
The term "mine" shall not include any strip mine.
(7) "Gassy mine"--A bituminous coal mine where methane has
been ignited therein, or has been detected therein with an
approved flame safety lamp, or an approved methane detector, or
by laboratory analysis of a sample of air, taken not less than
twelve inches from the roof, face and rib, containing methane in
an amount of twenty-five one-hundredths per cent or more.
(8) "Non-gassy mine"--A bituminous coal mine which has not
been classified as gassy.
(9) "Operator"--Any firm, corporation, or individual
operating any coal mine, or any part thereof.
(10) "Superintendent"--Means the person who shall have, on
behalf of the operator, immediate supervision of one or more
mines.
(11) "Mine foreman"--The person whom the operator or
superintendent shall place in charge of the inside workings of
the mine and of the persons employed therein.
(12) "Mine examiner"--Shall mean any certified person
designated to examine a mine for gas and other dangers. The
title "mine examiner" as used in this act, is synonymous with
the title "fire boss" as heretofore understood.
(13) "Department"--The Department of Environmental
Protection of the Commonwealth, hereinafter referred to as the
department. ((13) amended Dec. 19, 1996, P.L.1414, No.182)
(14) "Secretary"--The Secretary of Environmental Protection
of the Commonwealth or his designee, hereinafter referred to as
the secretary. ((14) amended Dec. 19, 1996, P.L.1414, No.182)
(15) "Deputy secretary"--A person appointed by the
secretary, with approval of the Governor, to assist and aid the
secretary in carrying out the provisions of this act,
hereinafter referred to as the deputy secretary. ((15) amended
Dec. 19, 1996, P.L.1414, No.182)
(16) "Investigating commission" (hereinafter referred to as
a commission)--Shall consist of a group of at least three mine
inspectors or electrical inspectors, or a combination of both,
appointed by the secretary for the purpose of investigating and
reporting on any problem in question in compliance with the
provisions contained in this act. The district mine inspector
shall accompany any commission in his district but need not be a
member thereof. The secretary at his discretion may appoint the
deputy secretary as a member of any commission.
(17) "Mine inspector"--The person commissioned by the
Governor to have supervision of mines as hereinafter prescribed.
(18) "Electrical inspector"--The person commissioned by the
Governor to perform electrical inspections as hereinafter
prescribed.
(19) "Examining board"--The Bituminous Mine Inspectors' and
Electrical Inspectors' Examining Board provided for in section
109 of this article.
(20) "Face"--Defined as being the solid coal at the inby end
of a working place.
(21) "Working place"--The face area where the coal seam is
being broken or severed.
(22) "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.
(23) "Return air"--After a volume of air has passed through
and has ventilated all of the working places in the air split it
shall then be designated as return air.
(24) "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 with the mining
of coal.
(25) "Slope and drift"--An incline or opening used for the
same purpose as a shaft.
(26) "Approved"--Which is used in connection with equipment,
supplies, explosives and lamps, means "approved for use in
bituminous coal mines by the secretary," whether such approval
has been made prior to or subsequent to the effective date of
this act.
(27) "Permissible"--When used herein in connection with
explosives means approved for use in bituminous coal mines by
the United States Bureau of Mines, whether such approval has
been made prior to or subsequent to the effective date of this
act.
(28) "MSHA"--The Mine Safety and Health Administration
within the United States Department of Labor. ((28) added Dec.
19. 1996, P.L.1414, No.182)
(29) "DPEP"--Diesel-powered equipment package. ((29) added
Dec. 19, 1996, P.L.1414, No.182)
(30) "Advisory committee"--The Technical Advisory Committee
on Diesel-Powered Equipment established in section 224-A. ((30)
added Dec. 19, 1996, P.L.1414, No.182)
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 103 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 104. The Secretary and the Deputy Secretary.--(a) It
shall be the duty of the secretary to see that the mining laws
of the Commonwealth are faithfully executed. The secretary shall
appoint, with the approval of the Governor, a deputy secretary
to assist with his duties. The secretary and the deputy
secretary are hereby invested with the same power and authority
as the inspectors to enter and examine any mine within the
Commonwealth, and the works and machinery connected therewith,
and to give such aid and instruction to the inspectors from time
to time as they may deem best calculated to protect the health
and promote the safety of all persons employed in and about the
mines. ((a) amended Dec. 19, 1996, P.L.1414, No.182)
(b) It shall be the duty of the secretary to take charge of,
and preserve in his office, the annual reports of the mine
inspectors, and transmit a synopsis of them, together with such
other statistical data compiled therefrom, and other work of the
department as may be of public interest, properly addressed, to
the Governor, to be transmitted to the General Assembly of this
Commonwealth, on or before March 15 in each year. It shall also
be the duty of the secretary to see that said reports are placed
in the hands of the public printer or others equipped to
reproduce same, for publication, on or before April 1 in each
year; the same to be published under the direction of the
secretary. In order that the secretary may be able to prepare,
compile and transmit a synopsis of his annual report to the
Governor within the time herein specified, the mine inspectors
are hereby required to deliver their annual reports to the
secretary on or before February 20 in each year. In addition to
the annual reports herein required of the mine inspectors, they
shall furnish the secretary monthly reports, and also such
special information on any subject regarding mine accidents, or
other matters pertaining to mining interests, or the safety of
persons employed in and about the mines, as he at any time may
require or may deem necessary, in the proper and lawful
discharge of his official duties. The secretary shall also
establish, as far as may be practicable, a uniform style and
size of blanks for the annual, monthly and special reports of
the mine inspectors, and prescribe the form and subject matter
to be embraced in the text and the tabulated statements of their
reports.
The secretary is hereby authorized to make such examinations
and investigations as may enable him to report on the various
systems of coal mining in the Commonwealth, method of mining
ventilation and machinery employed, the circumstances and
responsibilities of mine accidents; and such other matters as
may pertain to the general welfare of coal miners and others
connected with mining, and the interests of mine owners and
operators in the Commonwealth.
(c) The board of examiners for the examination of applicants
for mine inspectors and electrical inspectors in the bituminous
coal mines of the Commonwealth, the board for the examination of
applicants for first and second grade certificates, mine
examiners and mine electricians, in the bituminous coal mines,
and the board for applicants for certificates of competency as
miners, shall send to the secretary the manuscripts and all
other papers of applicants, together with the tally sheets and
the solution of each question as given by the examining board,
which shall be filed in the department as public documents for a
period of time not less than eight years.
(d) The secretary shall keep in the department a journal or
record of all inspections, examinations and work done under his
administration, and copies of all official communications; and
is hereby authorized to procure such books, instruments and
chemicals, or other tests, as may be found necessary to the
proper discharge of his duties under this act, at the expense of
the Commonwealth. All instruments, plans, books and records
pertaining to the office shall be the property of the
Commonwealth, and shall be delivered to his successor in office.
(e) The secretary shall, at all times, be accountable to the
Governor for the faithful discharge of his duties imposed on him
by law, and the administration of his office and the rules and
regulations pertaining to said department shall be subject to
the approval of the Governor.
(f) No person who is acting as a land agent, or as a
manager, viewer, or agent of any mine, shall, at the same time,
serve as secretary or deputy secretary under the provisions of
this act.
Section 105. Mine Inspection Districts; Mine Inspectors.--
The bituminous coal producing counties of the Commonwealth shall
be arranged by the secretary, with the consent of the Governor,
into mine inspection districts, and the secretary may, at any
time, with the consent of the Governor, redistrict the
bituminous coal producing districts. Each mine inspection
district shall have a mine inspector. The Governor shall
commission and appoint mine inspectors from among persons
holding valid unexpired certificates of qualification issued by
the examining board under this act or under any previous act,
and each mine inspector shall hold office during good behavior
or until removed from office as herein provided. It shall be the
duty of the secretary to assign the mine inspectors to their
respective districts and the secretary shall also designate the
place of abode of each mine inspector, at a point as convenient
as possible to the mines of his district.
Section 106. Electrical Inspectors.--On or after the
effective date of this act, the secretary, with the consent and
approval of the Governor, shall appoint such certified
electrical inspectors as he may deem necessary to inspect at
least twice a year all electrical equipment used in bituminous
coal mines, and to perform such other inspections of electrical
equipment in and around the bituminous coal mines of the
Commonwealth as may be deemed necessary by the secretary.
(106 amended Feb. 11, 1970, P.L.10, No.8)
Section 107. Eligibility for Appointment as a Bituminous
Coal Mine Inspector.--The qualifications for certification of a
candidate for the office of mine inspector shall be as follows:
The candidate shall be a citizen of the Commonwealth of
Pennsylvania, of temperate habits, of good repute as a person of
personal integrity, in good physical condition, shall have
successfully passed the examination for mine inspector provided
in section 109 hereof, shall have had at least ten years'
practical experience in bituminous coal mines, five years of
which, immediately preceding his examination, shall have been in
bituminous coal mines of this Commonwealth, and shall have had
practical experience with explosive gas and other dangerous
gases found in coal mines: Provided, however, That any candidate
who has honorably served in the armed forces of the United
States or an ally thereof shall be eligible to take such
examination, where the required continuity of practical
experience has been interrupted by such military service.
(107 amended Apr. 12, 1978, P.L.31, No.15)
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 107 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 108. Eligibility for Appointment as an Electrical
Inspector.--The qualifications for certification of a candidate
for the office of electrical inspector shall be as follows: The
candidate shall be a citizen of the Commonwealth of
Pennsylvania, of temperate habits, of good repute as a person of
personal integrity, in good physical condition, shall have had
five years' experience in gassy mines of this Commonwealth as a
mine electrician or an electrical engineer, and shall have
successfully passed the examination for electrical inspectors
provided in section 109 of this article: Provided, however, That
any candidate who has honorably served in the armed forces of
the United States or an ally thereof shall be eligible to take
such examination, where the required continuity of practical
experience has been interrupted by such military service.
(108 amended Apr. 12, 1978, P.L.31, No.15)
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 108 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 109. Bituminous Mine Inspectors' and Electrical
Inspectors' Examining Board.--(a) The Bituminous Mine
Inspectors' and Electrical Inspectors' Examining Board for the
bituminous coal mines of the Commonwealth of Pennsylvania shall
consist of the secretary; two mining engineers, who shall have
had at least five years' experience in the bituminous coal mines
of Pennsylvania; two members who shall have passed successfully
an examination qualifying them to act as mine inspector or mine
foreman in gassy mines; and one certified miner member; all of
whom shall have had at least ten years' practical experience in
the bituminous coal mines of Pennsylvania. All members of the
examining board shall be at least thirty years of age, and all
members, other than the secretary, shall be appointed by the
Governor.
(b) The Secretary of Mines and Mineral Industries shall be
the chairman of the examining board. The chairman of the
examining board shall select a secretary who need not be a
member of the examining board.
(c) The examining board, after being duly organized, shall
take and subscribe to, before any officer authorized to
administer the same, the following oath, namely:
"We, the undersigned, do solemnly swear (or affirm) that we
will perform the duties of examiners of applicants for
appointment as inspector of mines or as electrical inspector to
the best of our ability, and that in recommending or rejecting
said applicants we will be governed by the evidence of their
qualifications to fill the position, and not by any
consideration of political or personal favor, and that we will
certify all whom we may find qualified according to the true
intent and meaning of this act, and none other."
(d) The secretary of the examining board and each member of
the examining board (other than the Secretary of Mines and
Mineral Industries) shall receive thirty dollars ($30) per diem
while actively engaged in the performance of the work of the
examining board. The Secretary of Mines and Mineral Industries
shall have the right to determine, from time to time, the
maximum number of days for which the members of the examining
board and its secretary shall receive compensation. The members
of the examining board and its secretary shall receive traveling
expenses at the prevailing rate from their home to the place of
the meeting of the examining board and returning therefrom, and
such other necessary traveling expenses as may be incurred in
connection with the work of the examining board.
(e) The examining board shall prepare questions and answers
and formulate rules for the examination of candidates for
appointment to the office of mine inspector and electrical
inspector. The examining board shall conduct, at a place
designated by it, an examination of candidates for appointment
to the offices of mine inspector and electrical inspector during
the year 1964, and shall conduct an examination of such
candidates during every fourth year thereafter. The examining
board may also be convened by the Governor, at any other time,
when there remains upon the list of successful candidates less
than three names, as a result of appointments made therefrom, or
as a result of the expiration of certificates of qualification,
to meet and proceed to conduct an examination for the purpose of
supplying a new list of eligible candidates.
(f) Candidates for the office of mine inspector who have
submitted such proof as the examining board shall require that
they are otherwise qualified as set forth in section 107 of this
article shall be examined on and must give evidence of having
such theoretical as well as practical knowledge and general
intelligence respecting mines and mining and the working and
ventilation of mines as will satisfy the examining board of
their capability and fitness to perform the duties imposed upon
mine inspectors under this act. The principal portion of such
examination shall be in writing but each applicant shall also
undergo an oral examination pertaining to explosive gas, safety
lamps, methods of ventilation, and mine management. The
questions and answers thereto in the oral examination shall be
reported verbatim by an expert stenographer, or shall be
mechanically recorded, and typewritten fully, or reproduced by
some other method, to assist the examining board in the work of
rating the qualifications of the candidates. Any candidate who
shall make a general average of at least ninety per cent shall
be deemed successful on such examination.
(g) Candidates for the office of electrical inspector who
have submitted such proof as the examining board shall require
that they are otherwise qualified as set forth in section 108 of
this article, shall be examined on and must give evidence of
having such theoretical as well as practical knowledge and
general intelligence respecting the use and installation of both
alternating current and direct current electricity in the mines,
machinery powered thereby, and the laws of the Commonwealth
relating to the application of electricity in mines as will
satisfy the examining board of their capacity and fitness to
perform the duties of electrical inspectors under this act and
must pass the examination with an average of eighty-five per
cent.
(h) The manuscripts and other papers of applicants for the
office of mine inspector and electrical inspector in the
principal examination, together with tally sheets and the
correct solution of each question as prepared by the examining
board, and the stenographer's report or other record of the oral
examination for inspectors, shall be filed with the department
for a period of time of not less than eight years.
(i) The names and percentages of all successful candidates
who are properly qualified under the provisions of this article
to fill the office of inspector shall be certified by the
examining board to the Governor and to the department. A
certificate of qualification shall be issued to each successful
candidate by the secretary. A certificate so granted shall be
valid for a period of four years from the date of the
examination unless the holder has received an appointment in the
interim period in which case the certificate shall become
permanent unless the appointee has voluntarily relinquished the
position within a period of one year after appointment. A
certificate of qualification of a person honorably discharged
from the armed forces of the United States shall not expire
until the first examination occurring more than six months
following his release from military service.
(j) The examining board shall, after the examination,
furnish to any candidate, on request, a copy of all oral and
written questions given at the examination marked as answered by
the candidate "solved right," "imperfect" or "wrong," as the
case may be.
(k) Any inspector appointed under the provisions of previous
laws or under the provisions of this act shall be eligible for
reappointment without further examination, even if beyond fifty-
five years of age if he has served as an inspector for a period
of four or more years.
Section 110. Salary of Mine Inspectors.--The salary of mine
inspectors shall be as established by the executive board.
The mine inspectors shall be allowed all necessary expenses
incurred by them in enforcing the several provisions of this act
in the respective courts of this Commonwealth, if they have
obtained the consent of the department before such expense is
incurred, the same to be paid by the State Treasurer, on warrant
of the Auditor General, issued upon presentation of itemized
vouchers approved by the court before which the proceedings were
instituted, and also by the secretary.
Section 111. Salary of Electrical Inspectors.--The salary of
electrical inspectors shall be as established by the executive
board.
Section 112. Mine Inspector Expenses.--Each mine inspector
may also incur traveling expenses, and such other expenses as
may be necessary for the proper discharge of his duties under
the provisions of this act. Each mine inspector shall have an
office in his district, which may be at his place of residence:
Provided, That a suitable room, approved by the secretary, be
set apart for that purpose. The secretary shall have authority
to procure for the mine inspectors, on their request, furniture,
instruments, chemicals, typewriters, stationery and all other
necessary supplies, which shall be paid for by the State
Treasurer, on warrant of the Auditor General issued upon
presentation of vouchers approved by the secretary. All
furniture, instruments, plans, books, memoranda, notes and other
materials pertaining to the office of mine inspector, shall be
the property of the Commonwealth, and shall be delivered by the
mine inspector to his successor in office.
Section 113. Electrical Inspector; Expenses.--Each
electrical inspector may also incur traveling expenses and such
other expenses as may be necessary for the proper discharge of
his duties under the provisions of this act. The secretary,
through the Department of General Services, shall purchase for
the electrical inspectors such instruments and equipment as he
deems necessary to assist them in carrying out the duties
imposed upon them by this act.
(113 amended Dec. 19, 1996, P.L.1414, No.182)
Section 114. Mine Inspector; Bond; Oath.--Each mine
inspector shall, before entering upon the discharge of his
duties, give a surety bond in the sum of five thousand dollars
($5000), conditioned for the faithful discharge of his duties;
and shall take an oath or make affirmation that he will
discharge his duties with impartiality and fidelity, to the best
of his knowledge and ability. Such bond and oath shall be filed
in the office of the Secretary of the Commonwealth. No person
who is acting as manager or agent of any coal mine, or as mining
engineer, or who is directly or indirectly interested in
operating any coal mine shall at the same time act as mine
inspector.
Section 115. Temporary Mine Inspectors and Electrical
Inspectors.--In case a mine inspector or electrical inspector
becomes incapacitated to perform the duties of his office, or is
granted a leave of absence by the secretary, it shall be the
duty of the Governor, at the request of the secretary, to
appoint temporarily to the office a person holding a valid
certificate of qualification. The temporary inspector shall act
until the regular inspector is able to resume the duties of his
office.
Section 116. Removal of Mine Inspectors and Electrical
Inspectors.--The mine inspector and electrical inspector shall
be responsible to the secretary for the proper performance of
their duties. The secretary shall have the power to suspend any
mine inspector or electrical inspector for any neglect of duty,
but such suspended inspector shall have the right of appeal to
the Governor, who shall be empowered to approve of such
suspension or restore such suspended inspector to duty, after
investigating the causes which led to such suspension. Should
the secretary receive information by petition, signed by ten or
more miners or three or more operators, setting forth that any
of the inspectors are neglectful of the duties of their office,
or are physically unable to perform the duties of their office,
or are guilty of malfeasance in office, he shall at once
investigate the matter; and if he shall be satisfied that the
charge or charges are well founded, he shall then petition the
court of common pleas or the judge in chambers, in any county
within or partly within the inspection district of the
inspector; which court upon receipt of said petition and a
report of the character of the charges and testimony produced,
shall at once issue a citation, in the name of the Commonwealth,
to the said inspector to appear, on not less than fifteen days'
notice, on a fixed day, before said court at which time the
court shall proceed to inquire into the allegations of the
petitioners, and may require the attendance of such witnesses,
on the subpoena issued and served by the proper officer or
officers, as the judge of the court and the secretary may deem
necessary in the case; the inspector under investigation shall
also have similar power and authority to compel the attendance
of witnesses in his behalf. If the court shall find by said
investigation that the said inspector is guilty of neglecting
his official duties, or is physically incompetent to perform the
duties of his office, or is guilty of malfeasance in office, the
said court shall certify the same to the Governor, who shall
declare the office vacant, and shall proceed to supply the
vacancy as provided by the mining laws of the Commonwealth. The
cost of such investigation shall, if the charges are sustained,
be imposed upon the deposed inspector, but if the charges are
not sustained, the costs shall be paid out of the State
Treasury, upon voucher or vouchers duly certified by said
secretary. If said charges are not sustained, the inspector
shall be compensated for time lost during suspension.
To enable said secretary to conduct more effectually his
examinations and investigations of the charge and complaints
which may be made by petitioners against any of the inspectors
as herein provided, he shall have power to administer oaths and
take affidavits and depositions, in form and manner provided by
law.
Section 117. Duties of Mine Inspectors.--Each mine inspector
shall devote the whole of his time to the duties of his office.
It shall be his duty to thoroughly examine each operating mine
in his district as often as necessary for safety. Non-gassy
mines shall be inspected at least once every four months. Mines
liberating explosive gas and where other dangers may be
suspected to exist shall be inspected at least once every three
months to see that all the provisions of this act are observed
and strictly carried out, especially those that demand that the
air current be carried to the working faces. He shall keep in
his office a record of all examinations of mines, showing the
condition in which he finds them, especially with reference to
ventilation, roof control and drainage, the number of persons
employed inside each mine, the extent to which the law is
obeyed, and the progress made in the improvement of mines. He
shall keep a record of all lost time accidents, showing the
nature and causes thereof, and the number of deaths resulting
therefrom. He shall also perform such other duties as the
secretary may require.
Section 118. Duties of Electrical Inspectors.--In order that
the electrical inspector may properly perform the duties
required of him, he shall devote his whole time and attention to
the duties of his office, and he shall have the right to enter
any coal mine for the purpose of inspecting electrical
equipment, and if he finds during his inspection any defects in
the electrical equipment which may be detrimental to the lives
or health of the workmen, he shall have the authority to order
the operator, in writing, to remedy such defects within a
prescribed time, and to prohibit the continued operation of such
electrical equipment after such time, unless such defects have
been corrected.
Section 119. Inspections; Reports of Inspections.--(a) At
the conclusion of the examination of a mine, the mine inspector
shall discuss with representatives of management, and the
employes, his findings and recommendations. Where it is not
feasible to hold a joint conference, separate conferences shall
be held. After the conferences have been held, the mine
inspector shall, as soon as possible, prepare and forward the
original report to the operator, or his representative. The
manner and form of the report shall be as prescribed by the
secretary. Such operator or his representative shall post said
report in the office of the mine or in some other conspicuous
place where it shall remain for one year, open to examination by
any person employed in or about the said mine. The report shall
show the date of the inspection, the number of cubic feet of air
in circulation, where the measurement of the air was made, and
the quantity of air as measured at the last cut-through in each
split, together with the number of persons employed in each
split, and also at any other place requested by the secretary.
The report shall contain such other information as the secretary
may deem necessary.
(b) It shall be the duty of the electrical inspector after
completing his examination of a mine to prepare a report
describing his findings in said mine in a manner and form
designated by the secretary. The original report shall be
forwarded to the operator or his representative whose duty it
shall be to post it in some conspicuous place where it shall
remain for one year, open to examination by any person employed
in or about the mine. The report shall show the date of
inspection, a list of equipment, and any other information that
the secretary may deem necessary.
Section 120. Mine Inspector; Cease Work.--If the mine
inspector discovers any room, entry, airway, or other working
places being driven in advance of the air current, contrary to
the requirements of this act, he shall order the workmen in such
places to cease work at once until the law is complied with.
Section 121. Mine Inspectors' Findings.--To enable the mine
inspector to perform the duties imposed upon him by this act, he
shall have the right at all times to enter any mine in his
district or any mine in any other district when directed to do
so by the secretary, to make examinations or obtain information;
and upon the discovery of any violation of this act, or upon
being informed of any violation of the act, he shall institute
proceedings against the person or persons at fault, under the
provisions of this act. In case any mine or portion of a mine
is, in the judgment of the mine inspector, in so dangerous a
condition, from any cause, as to jeopardize life and health, he
shall at once notify the secretary, who shall immediately
appoint a commission to accompany promptly the said mine
inspector to the mine wherein said dangerous condition is
alleged to exist. The commission shall make a full
investigation, and if they shall agree that there is immediate
danger they shall direct the superintendent of the mine, in
writing, to remove forthwith said dangerous condition. If the
superintendent fails to do so, the mine inspector in the
district shall immediately apply, in the name of the
Commonwealth, to the court of common pleas of the county in
which said mine is located, or to a judge of said court in
chambers, for an injunction to enjoin the operation of all work
in and about said mine. Whereupon said court, or judge, shall at
once proceed to hear and determine the case; and if the cause
appears to be sufficient, after hearing the parties and their
evidence, as in like cases, shall issue its writ to restrain the
working of said mine until all cause of danger is removed; and
the costs of said proceedings shall be borne by the owner,
lessee, or agent of the mine: Provided, That if said court shall
find the cause not sufficient, then the case shall be dismissed,
and the costs shall be borne by the county wherein said mine is
located: Provided also, That should any mine inspector find
during his inspection of a mine, or portion of a mine, such
dangerous conditions existing therein that, in his opinion, any
delay in removing the workmen from such dangerous places might
cause loss of life or serious personal injury to the employes,
the said mine inspector shall have the right to temporarily
withdraw all persons from such dangerous places until the
foregoing provisions of this section can be carried into effect.
Section 122. Mine Inspectors' Reports to the Secretary.--
Each mine inspector shall make the following reports to the
secretary, on blank forms provided for that purpose. Not later
than the fifteenth of each month he shall make a report of all
fatal and lost-time accidents that have occurred in his district
during the preceding month, stating the date, nature, and cause
of each accident, together with the name, age and occupation of
each person killed or injured, and whether married or single,
and the number of widows and orphans left; which report shall be
recorded and filed in the department, and included (or a
synopsis of the same) in the annual report of said department.
Not later than February 20 of each year he shall make an annual
report, which shall briefly recapitulate the duties performed by
him during the preceding year, and briefly describe the
condition of the mines in his district relative to ventilation,
roof control, drainage, and general sanitary arrangements, as
relating to the health, safety, and welfare of the employes, and
which shall also contain such suggestions or information of
importance as he may deem necessary, or as required by the
secretary. The mine inspector shall also make such other reports
as the secretary shall require.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 122 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 123. Discretionary Power of Mine Inspectors.--The
mine inspector shall exercise sound discretion in the
performance of his duties under the provisions of this act, and
if the operator, superintendent, mine foreman, or other person
employed in or about any mine, shall be dissatisfied with any
decision the mine inspector has given in the discharge of his
duties, which decision shall be in writing, it shall be the duty
of the dissatisfied person to appeal from said decision to the
secretary, who shall at once appoint a commission to accompany
promptly the mine inspector in the district to make further
examination into the matter in dispute. If the said commission
shall agree with the decision of the mine inspector in the
district, their decision shall be final and conclusive, unless
an appeal is taken in accordance with the provisions of 2
Pa.C.S. (relating to administrative law and procedure).
(123 amended Dec. 19, 1996, P.L.1414, No.182)
Section 124. Appointment of a Commission by the Secretary.--
The secretary may, at his discretion, appoint a commission for
the purpose of investigating any question within the purview of
this act to enable him to make a decision in accordance
therewith: Provided, however, That it shall be mandatory that
the secretary appoint a commission for the purpose of an
investigation wherein such action is required in any of the
provisions of this act.
Section 125. Reports of Operating Mines.--The operator or
superintendent of each operating mine in the Commonwealth shall
file a report with the secretary and with the mine inspector in
the district setting forth the name of the mine, the name of the
operator, the location of the mine and the postal address of the
mine office on the following occasions:
(1) Within thirty days after the effective date of this act.
(2) Within thirty days after the commencement of work for
the purpose of opening a new mine.
(3) Prior to any work being done in resumption of the
operation of a mine after an abandonment, or within thirty days
after a discontinuance of its operation for a period exceeding
two months.
(4) Within thirty days of any change in the name of the mine
or in the identity of the operator of a mine.
Section 126. Mine Rescue Station; Equipment; Instructors.--
(a) On and after the effective date of this act, the secretary,
with the consent of the Governor, shall appoint two first-aid
instructors and two mine rescue instructors to carry on the work
of instructing mine employes how to care for persons injured in
and about the bituminous coal mines of this Commonwealth, and to
train such other employes of the various coal companies, who may
voluntarily seek training in the use of self-contained breathing
apparatus, gas masks, first aid to the injured, and such other
things or practices essential to the safe and efficient conduct
of the work of first aid and mine rescue.
(b) The secretary, with the consent of the Governor, shall
have the authority to purchase, through the Department of
General Services, two trucks equipped with the necessary
breathing apparatus, gas masks, first-aid supplies, analytical
apparatus and such other chemical and scientific instruments
commonly used and necessary in the work of first aid and mine
rescue. The secretary, with the consent of the Governor, shall
also have the authority to purchase, through the Department of
General Services, such emergency mine rescue trucks and
equipment, as in his opinion shall be deemed necessary, for use
in mine catastrophies. ((b) amended Dec. 19, 1996, P.L.1414,
No.182)
(c) The persons appointed to the position of first-aid
instructor and mine rescue instructor shall not be under twenty-
five or over fifty-five years of age on the date of their
appointment. They shall be citizens of this Commonwealth and
shall devote their whole time and attention to the duties of
their office. They shall have a first grade mine foreman's
certificate, issued by the department, and shall be in
possession of a first-aid certificate issued by the department,
the Red Cross, the Federal Bureau of Mines, or any other
recognized authority on the subject of first aid. They shall
also undergo an examination arranged and conducted by the
secretary. The examination, so conducted by the secretary, shall
pertain to the applicant's knowledge and experience in the use
of such instruments and equipment as are commonly used in mine
rescue work.
(d) The salaries of first-aid instructors and mine rescue
instructors shall be as established by the executive board.
(e) The persons so trained in the work of first aid and mine
rescue, shall, upon completion of a course of training and
instruction as may be prescribed by the secretary, be granted a
certificate of competency. Such certificate shall be issued by
the secretary upon written notice from the "Chief of Crew" that
the applicant has completed, in a satisfactory manner, the
course of training and instruction prescribed by the said
secretary.
Section 127. Mine Rescue Crews.--The secretary is hereby
authorized to have trained and employed at the rescue stations
operated by the department, such rescue crews as he may deem
necessary. Each member of a rescue crew shall devote adequate
time for training purposes as determined by the secretary, and
shall be available at all times to assist in rescue work at
explosions, mine fires and recovery work. Members of the mine
rescue crews shall be compensated at rates commensurate for the
area as determined by the secretary and payable on requisition
approved by the secretary, and such other sums to be paid by the
operating company as may be agreed upon when engaged in rescue
work at explosions, mine fires or recovery work. The secretary
may remove any member of a rescue crew at any time.
(127 amended Oct. 12, 1973, P.L.281, No.79)
Section 128. Supervision of Mine Rescue Work.--The secretary
is hereby authorized to assign mine rescue crews and such mine
rescue and recovery work to mine inspectors or other qualified
employes of the department as he may deem necessary.
ARTICLE II.
BOARDS OF EXAMINERS; EXAMINATION AND
CERTIFICATION; DUTIES OF MINE FOREMEN,
ASSISTANT MINE FOREMEN, MINE EXAMINERS,
MINE ELECTRICIANS, MINERS, MACHINE
OPERATORS, AND SHOT-FIRERS; GENERAL MINING
REQUIREMENTS
A. BOARDS OF EXAMINERS AND CERTIFICATION
OF MINE FOREMEN, ASSISTANT MINE FOREMEN,
MINE EXAMINERS, AND MINE ELECTRICIANS.
Section 201. Boards of Examiners.--On petition of the mine
inspector of any mine inspection district, the court of common
pleas in any county in said district shall appoint an examining
board of three persons, consisting of a mine inspector, a miner,
and an operator or superintendent, all of whom shall be citizens
of this Commonwealth. The miner shall have had at least ten
years practical experience in the bituminous coal mines of this
Commonwealth, and be in actual practice as a miner. The persons
so appointed, and after the board has been duly organized, shall
take and subscribe before an officer authorized to administer
the same, the following oath, namely:
"We, the undersigned, do solemnly swear (or affirm) that we
will perform the duties of examiners of applicants for
certificates of qualification as mine foremen, assistant mine
foremen, mine examiners, mine electricians and miners; that we
will not divulge or make known to any person any question
prepared for the examiners, or in any manner assist any
applicant to pass the examination, but will be governed by the
evidence of the qualifications of the applicants to fill said
positions, and not by any consideration of personal favor; and
that we will certify all whom we may find qualified in
accordance with this act, and none other."
Section 202. Districts for Boards of Examiners.--The
secretary shall each year determine the districts in which the
boards of examiners shall meet for the purpose of holding
examinations, and at least two weeks' notice of the time and
place where the examinations are to be held shall be given.
Section 203. Preparation of Examinations.--(a) The secretary
shall select from the members of the examining boards a
committee of six, comprising two mine inspectors, two operators
or superintendents, and two miners, who shall meet at such time
and place as the secretary may designate, to prepare the
questions and answers to be used by all the examining boards in
the bituminous region of the Commonwealth.
(b) The committee so selected shall distribute the questions
and answers in sealed packages through the office of the
secretary to the chairmen of the examining boards selected to
hold the examinations, and, at the commencement of each session,
the chairman of each board shall open the package containing the
questions for that particular session in the presence of the
board.
(c) The committee is hereby authorized to engage the
services of a clerk, whose compensation and mileage shall be the
same as that of the members of the board.
(d) The secretary may, at any time, convene the committee
for the purpose of preparing questions and answers for any
special examination that may be held, and for such examination
the questions and answers shall be distributed to the boards in
the usual way.
Section 204. Compensation of Boards of Examiners.--Each
board member, with the exception of the mine inspector members,
shall receive thirty dollars ($30) a day for each day actually
employed, not exceeding fifteen days in all, and traveling
expenses at the prevailing State rate for each mile necessarily
traveled in going from his home to the place of meeting and
return, by the shortest practicable route. The committee of six,
with the exception of the mine inspector members, shall receive
compensation at the rate of thirty dollars ($30) a day and
traveling expenses at the prevailing State rate, while preparing
the questions and answers. Each member shall also be reimbursed
for all other necessary expenses incurred in the discharge of
his duties. Each board of examiners is hereby authorized to
employ the services of a clerk, whose compensation and rate of
mileage shall be the same as that of members of the board. The
clerk of each board shall, on final adjournment, send to the
secretary properly attested vouchers for compensation and
expenses of each member of the board, and also a voucher
covering his own compensation and expenses, which vouchers shall
be approved by the chairman and the secretary of the board. The
secretary shall then approve said vouchers and transmit them to
the Auditor General who shall issue warrants on the State
Treasurer for their payment.
Section 205. Designation of Boards for Examination.--The
secretary shall designate the boards of examiners before whom
applicants, for certification as mine foremen, assistant mine
foremen, mine examiners, mine electricians and miners, residing
in the various mine inspection districts, shall appear. All
persons who desire to appear for examination shall notify the
chairman of the board of their intention to appear, if possible,
not less than ten days prior to the date set for the
examination. The boards shall inquire into the character and
qualifications of the applicants who present themselves for
examination.
Section 206. Qualifications for Certification.--(a)
Applicants for certificates of qualification as mine foremen and
mine electricians, shall be citizens of the United States, of
good moral character and of known temperate habits, at least
twenty-three years of age, and shall have had at least five
years practical experience after eighteen years of age, as
miners or mining engineers or men of general work with at least
three years' experience in working sections (a working section
for the purposes of this act shall be deemed to be the area from
the working face extending back one thousand feet) in
underground bituminous coal mines: Provided, That graduates with
a bachelors degree in civil engineering, electrical engineering
or mining engineering, or an associate degree in the mining
engineering course of a recognized institution of learning may,
after examination, be granted certificates of qualification by
an examining board as mine foremen, and mine electricians if
possessed of an aggregate of not less than three years practical
experience as miners or men of general work or mining engineers,
in underground bituminous coal mines in the working section.
(a.1) Applicants for certificates of qualification as
assistant mine foremen shall be citizens of the United States,
of good moral character and of known temperate habits, and shall
have had at least four years' practical experience, with at
least three years' experience in working sections, after
eighteen years of age, as miners or mining engineers or men of
general work, in underground bituminous coal mines: Provided,
That graduates with a bachelors degree in civil engineering,
electrical engineering or mining engineering, or an associate
degree in the mining engineering course of a recognized
institution of learning may, after examination, be granted
certificates of qualification by an examining board as assistant
mine foremen, if possessed of an aggregate of not less than
three years practical experience as miners or mining engineers
or men of general work, in underground bituminous coal mines in
working sections.
(a.2) Applicants for certificates of qualification as mine
examiners shall be citizens of the United States, of good moral
character and of known temperate habits, and shall have had at
least three years' practical experience after eighteen years of
age, as miners or mining engineers or men of general work, in
underground bituminous coal mines in working sections.
(a.3) All applicants shall be able to read and write the
English language intelligently, and shall furnish the board with
certificates as to their character and temperate habits, and a
notarized statement from previous employers setting forth the
length of service and type of work performed in the different
mines.
(b) Certificates of qualification as mine foremen shall be
granted to persons who have given to the examining board
satisfactory evidence of their ability to perform the duties of
mine foremen and have received training by persons 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 shall have received an average of at least
eighty per cent in the examination.
(c) Certificates of qualification as assistant mine foremen
shall be granted to persons who have given to the examining
board satisfactory evidence of their ability to perform the
duties of assistant mine foremen and have received training by
persons 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 shall have received an
average of at least seventy per cent in the examination.
(d) Certificates of qualification as mine examiners shall be
granted to persons who have given to the examining board
satisfactory evidence of their ability to perform the duties of
mine examiners and have received training by persons 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 shall have received an average of at least
seventy-five per cent in the mine examiners examination.
(e) Certificates of qualification as mine electrician shall
be granted to persons who have given to the examining board
satisfactory evidence of their ability to perform the duties of
mine electrician and have received training by persons 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 shall have received an average of seventy-five
per cent in the mine electrician's examination.
(f) Certificates of qualification or service heretofore
granted shall have equal value with certificates of
qualification granted under this act; provided, however, those
certificates heretofore granted for second grade mine foremen or
second grade assistant mine foremen will not entitle the holders
to act in gassy mines.
(g) All applicants who have satisfactorily passed a written
examination shall also satisfactorily pass an oral examination,
and 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 a
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:
Provided, however, That any applicant who has been granted a
prior certificate need not undergo this training. The record of
such training shall be maintained at the mine.
(206 amended Dec. 13, 1974, P.L.943, No.311)
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 206 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 207. Fees for Examination.--Before the examination
for certificates of qualification for mine foremen, mine
examiners and mine electricians, each applicant shall pay a fee
of two dollars ($2), and each successful applicant shall pay an
additional fee of three dollars ($3) before receiving a
certificate. The money thus received from applicants shall be
transmitted to the secretary to be deposited in the State
Treasury. In case of the loss or destruction of a certificate,
the secretary shall, upon presentation of satisfactory evidence
of the loss or destruction, issue a copy of the certificate on
the payment of the sum of one dollar ($1).
Compiler's Note: Section 6(a) of Act 48 of 1981, which
provided for the fixing of fees charged by administrative
agencies, provided that section 207 is repealed insofar
as it establishes a set fee for any activity inconsistent
with the fees set forth in Act 48.
Section 208. Issuance of Certificates.--Each examining
board, or at least two members thereof, shall certify to the
secretary, on forms furnished by him, every person whose
examination shall disclose his fitness for the duties of mine
foremen, assistant mine foremen, mine examiners, and mine
electricians, as above classified, and the secretary shall then
prepare appropriate certificates of qualification for the
successful applicants and send them to the chairman of the board
for distribution. Each certificate shall contain the full name,
age, and place of birth of applicant, and also the length and
nature of his previous service in or about the mines.
Section 209. Records of Examinations.--Each examining board
shall send to the secretary the answers and all other papers of
the applicants, together with the tally sheets and a list of the
questions and answers as prepared by the committee of six, which
shall be filed in the department as public documents for a
period of not less than eight years.
Section 210. Unlawful to Use Noncertified Persons.--(a) It
shall be unlawful for any operator, manager, or superintendent,
to employ as mine foreman in a bituminous coal mine, or as
assistant mine foreman in a bituminous coal mine, any person who
has not obtained the proper certificate of qualification
required by this act: Provided, That certificates of
qualification heretofore granted shall have equal value with
certificates of qualification granted under this act except as
provided in section 206(f) of this act. It shall also be
unlawful for any operator, manager, superintendent, or mine
foreman, to employ as mine examiner in a bituminous coal mine
any person who has not obtained the proper certificate of
qualification under this act: Provided, That certificates of
qualification as mine examiner heretofore granted shall have
equal value with certificates of qualification granted under
this act: Provided, however, That in an emergency, which shall
be a condition which could not have been foreseen and which
requires immediate action, the mine foreman may appoint a
competent person or persons with no less than three years'
experience in underground bituminous coal mines to act as
assistant mine foremen or mine examiners, for not more than one
week, but this authority shall not be exercised by the mine
foremen so long as certified assistant mine foremen or certified
mine examiners are available in the mine who are willing to
accept the assignment. In other situations, if a certified
person is not available, a mine examiner may be appointed to act
as assistant mine foreman, but only until an assistant mine
foreman, who is willing to accept the assignment becomes
available, for a period or periods not exceeding one hundred
twenty working production days within a twelve-month period or
thirty days after the next examination, whichever is longer.
(b) Nothing in this article shall prevent a mine foreman
from acting as assistant mine foreman in any mine or an
assistant mine foreman from acting as a mine examiner.
(c) Foreman trainees, where used, shall not direct the
working forces in matters involving directly or indirectly the
safety of employees nor make tests or examinations required to
be made by certified persons.
(210 amended Dec. 13, 1974, P.L.943, No.311)
Section 211. Certification of Miners.--No person shall be
employed or engaged as a miner in any bituminous coal mine in
this Commonwealth, except as hereinafter provided for, without
first having obtained a certificate of competency and
qualification: Provided, however, That any miner holding such
certificate may have a maximum of two persons working for him
and 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. Other
noncertified miners may be employed or engaged as miners as
provided in sections 220 and 225 of this act. For the purposes
of this act, in order to determine who shall be required to
possess certificates, the term "miner" shall mean only
underground workers in bituminous coal mines who cut, drill,
blast or load coal or rock at the face of an entry, room,
pillar, or other working place, or workers who do general work;
also timbermen and trackmen whose duties require them to set
timbers and lay or repair tracks at the working faces, and
motormen, and shuttle car operators, except as hereinafter
provided.
(211 amended Nov. 30, 1967, P.L.661, No.307)
Section 212. Qualifications for Certification as Miners.--
Miners shall be examined and granted certificates by the
district board of examiners or the mine inspector in the
district under such rules and regulations as the secretary shall
prescribe.
(a) No person shall be qualified to take the examination
unless he produces evidence of having had not less than one
year's practical experience in the bituminous coal mines of this
Commonwealth as a miner or who has served as a noncertified
miner for a period of not less than one year. A certificate
shall not be granted unless the applicant appears in person
before the board or mine inspector and answers orally,
intelligently and correctly, at least eight practical questions
propounded to him. ((a) amended Nov. 30, 1967, P.L.661, No.307)
(b) All persons possessing certificates of qualification
issued by the Commonwealth of Pennsylvania 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.
(c) Supervisory and technically trained employes of the
operator whose work contributes only indirectly to mine
operations, employes who are not performing the work of a miner
as that term is defined in this act, and noncertified miners,
shall not be required to possess a miner's certificate. ((c)
amended Nov. 30, 1967, P.L.661, No.307)
Section 213. Fees for Miners' Certificates.--Each successful
applicant for examination shall pay to the board of examiners a
fee of one dollar ($1). All fees collected by a miners'
examining board or the mine inspector shall be promptly
transmitted to the department, and by it paid into the State
Treasury through the Department of Revenue. In case of the loss
or destruction of a certificate, the secretary shall, upon
presentation of satisfactory evidence of the loss or
destruction, issue a copy of the certificate to the original
possessor on the payment of the sum of fifty cents (50¢).
Compiler's Note: Section 6(a) of Act 48 of 1981, which
provided for the fixing of fees charged by administrative
agencies, provided that section 213 is repealed insofar
as it establishes a set fee for any activity inconsistent
with the fees set forth in Act 48.
Section 214. Issuance of Miners' Certificates.--The form and
manner of issuing such certificates shall be designated by the
secretary. Certificates granted by a board, or the mine
inspector in the district, shall entitle the holder thereof to
be employed as, and do the work of, a miner in the bituminous
coal mines of the Commonwealth. A certificate granted by a board
or the mine inspector in the district shall not be transferable
and a transfer shall be deemed a violation of this act.
Section 215. Unlawful to Use Noncertified Miners.--No person
shall be employed as a miner, as the term is defined for the
purpose of this act, other than as a noncertified miner as
provided in sections 220 and 225 of this act, in any bituminous
coal mine in this Commonwealth, without first having obtained a
certificate of competency and qualification as provided for in
this act, except as hereinbefore stated; nor shall any person,
firm or corporation, or his or its agent, employ as a miner,
other than as a noncertified miner as provided in sections 220
and 225 of this act, any person who does not hold such
certificate, except as aforesaid.
(215 amended Nov. 30, 1967, P.L.661, No.307)
Section 216. Penalty for Forged Certificates.--If any person
shall forge or counterfeit a certificate of qualification or
knowingly make or cause to be made any false statement in any
certificate issued under this act or any previous act, or in any
copy thereof, or shall make use of such forged or false
certificate, or copy thereof, or shall make use of any false
declaration, representation or statement, in any such
certificate, or copy thereof, or any document containing the
same, he shall be deemed guilty of a misdemeanor.
B. CERTIFICATION OF MINING MACHINE OPERATORS
AND SHOT-FIRERS.
Section 217. Certification of Mining Machine Operators and
Shot-Firers.--It shall be unlawful to employ as mining machine
operators or shot-firers in any gassy bituminous coal mine, any
person who has not given evidence to the secretary as to his
fitness and competency to handle and use an approved safety
lamp, and his ability to determine the presence or absence of
explosive gas, and other dangerous conditions. The manner of
determining such fitness and competency shall be prescribed by
the secretary and he shall issue a certificate to those found
competent, the form of which shall also be prescribed by the
secretary, and the cost of such examination and certification
shall be borne by the candidates: Provided, That persons
possessing certificates entitling them to act as officials in
gassy mines shall be eligible to act as mining machine operators
or shot-firers: Provided, however, That in an emergency the mine
foreman may designate, temporarily, a competent person or
persons, to act as mining machine operators or shot-firers; but
this authority shall not be exercised by the mine foreman so
long as certified mining machine operators or certified shot-
firers are available in the area affected.
C. DUTIES OF MINE FOREMEN AND ASSISTANT MINE
FOREMEN.
Section 218. Employment of Mine Foremen.--In order to secure
efficient management and proper ventilation of the mines, to
promote the health and safety of the persons employed therein,
and to protect and preserve the property connected therewith,
the operator or the superintendent shall employ a competent and
practical mine foreman for every mine, who shall be under the
supervision and control of the operator or the superintendent:
Provided, however, That in non-gassy mines employing less than
five persons working underground in any twenty-four hour period,
the operator shall designate a competent man not necessarily
certified as a mine foreman, who shall have the full
responsibilities of a certified mine foreman under this act. The
operator of such mine shall be held as fully responsible as the
man appointed by him to act as mine foreman. The mine foreman
shall have full charge of all the inside workings and the
persons employed therein, subject, however, to the supervision
and control of the operator or the 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 workmen under his charge carried out in the
strictest manner possible. In gassy mines the mine foreman must
possess a first grade mine foreman's certificate. In non-gassy
mines where five or more persons work underground in any twenty-
four hour period, the mine foreman must possess either a first
grade mine foreman's certificate, a first grade assistant mine
foreman's certificate or a second grade mine foreman's
certificate.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 218 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex)..
Section 219. Employment of Mine Electricians.--At every mine
where electricity is used underground there shall be employed a
qualified mine electrician, who shall have full charge of the
electrical apparatus in the mine, but shall be subject to the
authority of the mine foreman. In a gassy mine, a certified mine
electrician shall be employed. 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 he shall be subject to the
same penalties as the mine foreman for any violation of these
laws.
Section 220. Employment of Assistant Mine Foremen.--When the
mine workings become so extensive that the mine foreman is
unable personally to carry out the requirements of this act
pertaining to his duties, he shall have the right to employ a
sufficient number of competent persons to act as his assistants,
who shall be under his instructions and the operator's or the
superintendent's instructions in carrying out the provisions of
this act. In a gassy mine the mine foreman's assistants must
possess first grade assistant mine foreman's certificates. If
the mine is non-gassy, the mine foreman's assistants must
possess either first grade assistant mine foreman's certificates
or second grade assistant mine foreman's certificates.
In case of the necessary temporary absence of the mine
foreman, he may deputize his work, for the time being, to an
assistant mine foreman, who shall perform all the duties of the
mine foreman.
Any assistant mine foreman may supervise and direct the work
of a maximum of two noncertified miners and he shall instruct
such person or persons how safely and properly to perform his or
their work.
(220 amended Nov. 30, 1967, P.L.661, No.307)
Section 221. Mine Foreman; Ventilation.--(a) The mine
foreman shall devote the whole of his time to his duties in the
mine when the mine is in operation, and shall keep a careful
watch over the ventilating apparatus, the ventilation, airways,
travelingways, and shall see that all stoppings along airways
are properly built.
(b) He shall also see that proper cut-throughs are made in
the pillars of all rooms and of all entries, and that they are
closed when necessary or when required by the mine inspector, so
that the ventilating current can be conducted in sufficient
quantity through the last cut-through to the face of each room
and entry. He 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, excepting room necks, which may, with
the consent of the mine inspector, be turned by entrymen driving
entries.
(c) The mine foreman or his assistant 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.
In mechanical mines, measurements shall be taken in the last
cut-through in the last room and in the entry beyond the last
room at least once each twenty-four hours. A record shall be
made of daily measurements in the assistant mine foreman's daily
report book. Said measurements shall be taken on days when the
men are at work, and for making said measurements an anemometer
shall be provided and kept in good condition by the
superintendent of the mine.
(d) In case of accident to a ventilating fan or its
machinery, or if the fan stoppage is a planned interruption
whereby the ventilation of the mine is interrupted, the mine
foreman shall order the power to be disconnected from the
affected portions and withdraw the men immediately from the face
areas. In mines employing the use of multiple fans equipped with
self-closing doors which operate automatically when the fan is
stopped, such action need not be taken provided the minimum
requirements are met by other fans of the system. If the fan has
been stopped for a period of time in excess of fifteen minutes
in a gassy mine, and thirty minutes in a non-gassy mine, the
mine foreman shall order the men withdrawn from the mine. If the
mine foreman shall deem it necessary, he may withdraw the men
from a gassy mine in less than the said fifteen minutes and from
a non-gassy mine in less than the said thirty minutes. He shall
not allow the men to return to their work until the ventilation
has been restored, and the mine has been thoroughly examined by
certified personnel and reported safe. A record shall be made of
said examination. ((d) amended Dec. 15, 1965, P.L.1087, No.416)
(e) 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 mine inspector in the
district of such condition.
(f) The mine foreman shall see that every mine liberating
explosive gas is kept free of standing gas; however, any
accumulation of explosive gas 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 person who may be endangered by the presence of said
explosive gas or noxious gases shall be allowed in that portion
of the mine until said gases have been removed. The mine foreman
shall direct and see that all dangerous places and the entrance
or entrances to worked-out and abandoned places in all mines are
properly fenced off across the openings, so that no person can
enter, and that danger signals are posted upon said fencing to
warn persons of the existing danger.
(g) When operations are temporarily suspended in a mine, the
mine foreman shall see that danger signals are placed across the
mine entrance, which signals shall be sufficient warning for
unauthorized persons not to enter the mine. If the circulation
of air through the mine be stopped, each entrance to said mine
shall be fenced off in such a manner as will ordinarily prevent
persons from entering said mine, and a danger signal shall be
displayed upon said fence at each entrance and maintained in
good condition. The mine foreman shall see that all danger
signals used in the mine are in good condition and if any become
defective, he shall notify the superintendent.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 221 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 222. Mine Foreman; Safety of Working Places.--(a)
The mine foreman or his assistant shall direct and see that
every working place is properly secured and shall see that no
person is directed or permitted to work in an unsafe place,
unless it be for the purpose of making it safe. He shall also
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 cut square on
both ends and as near as practicable to proper length.
(b) 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 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.
(c) The mine foreman or his assistant 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
at once carefully secured against falling on the workmen. Any
workman who neglects to carry out, or disobeys, the instructions
of the mine foreman or his assistant, 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 person, the mine foreman
shall give the name of said workman to the mine inspector for
prosecution in accordance with the requirements of this act.
(d) The mine foreman shall give prompt attention to the
removal of all dangers reported to him by his assistants, the
mine examiner, or by any other person working in the mine, and
in case it is impracticable to remove the danger at once, he
shall notify every person whose safety is menaced thereby to
remain away from the portion where the dangerous conditions
exist.
(e) The mine foreman, his assistant, or the mine examiner,
shall, once each week, travel and examine all the air courses
and roads and all the openings that give access to old workings
or falls, and make a record with ink in the book provided for
that purpose of the condition of all places.
(f) It shall be the duty of the mine foreman to see that
approved safety lamps are used, when and where required by this
act. No approved safety lamp shall be entrusted to any person,
for use in a mine, until said person has given satisfactory
evidence to the mine foreman that he understands the proper use
thereof and the danger of tampering with the same. The
transportation of tools into and out of the mine shall be under
the direction of the mine foreman or his assistant.
(g) Instructions shall be given the men by the mine foreman,
assistant mine foreman, or mine examiner, or other authorized
person as to when, where, and how roof supports shall be placed,
so as to avoid accidents from falls and also in a general way
how to mine coal with safety to themselves and others. In
addition thereto, the mine foreman or the assistant mine foreman
shall give special care and attention to the men drawing
pillars, particularly when falls are thereby being made.
(h) The mine foreman shall see that the roof and sides of
all designated passageways over or through which men travel or
are transported to the working areas shall be examined by a
competent person or persons within three hours immediately
preceding the beginning of the first coal-producing shift on
each day.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 222 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 223. Mine Foreman; Shooting.--(a) The mine foreman
shall direct that the coal is properly mined before it is
blasted, shot or broken. "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. In gassy mines, when the coal seam is five feet
six inches or more in thickness, "properly mined" shall mean
that in all entries less than ten feet wide, wherein the coal is
undercut, or overcut, it shall be sheared on one side as deep as
the cutting before any holes are charged or fired; or in lieu of
shearing, the coal shall be blasted in sections by placing the
first hole near the center of the coal seam.
(b) The mine foreman or the 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 then the
undercutting, centercutting, overcutting, or shearing, the
maximum quantity of explosives required for each hole, and the
method of charging and tamping.
(c) In a gassy mine the mine foreman shall employ a
sufficient number of competent and legally qualified persons to
Act text part 2
act as shot-firers.
Section 224. Mine Foreman; Drainage.--(a) The mine foreman
shall see that the water is drained out of the working places
before the men enter, and that the working places are kept as
free from water as practicable during working hours.
(b) Whenever any working place in a mine approaches within
fifty feet of abandoned workings, in such mine as shown by
surveys certified by a registered engineer or surveyor, or
within two hundred feet of any other abandoned workings of such
mine, which cannot be inspected and which may contain dangerous
accumulations of water or gas, or within two hundred feet of any
workings of an adjacent mine, the mine foreman shall see that a
borehole or boreholes shall be drilled to a distance of at least
twenty feet in advance of the face of such working place. Such
boreholes shall be drilled sufficiently close to each other to
insure that the advancing face will not accidentally hole
through into such workings. Boreholes shall also be drilled not
more than eight feet apart in the rib of such working place to a
distance of at least twenty feet and at an angle of forty-five
degrees. Such rib holes shall be drilled in one or both ribs of
such working place as may be necessary for adequate protection
of persons working in such place. 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 safety lamps. It shall be
unlawful to work or employ men 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 permission to do so is given in writing
by the secretary.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 224 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 225. Mine Foreman; Employment of Competent
Persons.--The mine foreman under rules and regulations approved
by the secretary covering a training period for each occupation,
shall see that no person is employed to work in any mine until
he has given satisfactory proof that he can do the work allotted
to him without endangering the lives of his co-employes, unless
said person is put to work with a certified miner.
(225 amended Nov. 30, 1967, P.L.661, No.307)
Section 226. Mine Foreman; Inspections and Reports.--(a) In
all mines the mine foreman shall employ a sufficient number of
assistants to insure a visit to each working place during each
shift either by himself or by his assistants, while the employes
are at work, and in all mines or portions of mines in which mine
examiners are not regularly employed, the mine foreman shall, if
in the judgment of the mine inspector the roof conditions
require extraordinary supervision, employ a sufficient number of
assistants to insure two visits to each working place during
each shift either by himself or his assistants while the
employes are at work in such mines or portions of mines, and in
all mines, the interval of time between visits shall be arranged
so as to secure the most efficient and effective supervision.
(b) The mine foreman shall each day enter plainly and sign
with ink in a book provided for that purpose a report of the
condition of the mine, which report shall clearly state any
danger that may have come under his observation during the day,
or any danger reported to him by his assistants or the mine
examiners. The report shall also state whether or not there is a
proper supply of material on hand for the safe working of the
mine, and whether or not the requirements of the law are
complied with. He shall also, once each week, enter plainly with
ink, in said 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 of men employed in each
separate split of air, with the date when measurements were
taken. Said book shall at all times be kept in the mine office
at the mine, for examination by the mine inspector, any person
working in the mine, or by authorized representatives of the
employes of the mine, in the presence of the superintendent or
the mine foreman.
The mine foreman shall also, each day, read carefully, and
countersign with ink, all reports entered in the record book of
the mine examiners. Assistant mine foremen may be designated to
countersign with ink, all reports entered in the record book of
the mine examiners where there are two or more portals.
(c) 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 by him, and
shall make a note of any unusual occurrence observed by him
during the day. The mine foreman shall read carefully the daily
report of each assistant mine foreman and shall sign the report
with ink daily. Where more than one portal is being used for the
entrance of workmen into a mine, the mine foreman may designate
an assistant, who holds a certificate of first grade mine
foreman in a gassy mine or a first grade assistant or a second
grade mine foreman in a non-gassy mine, to sign the assistant
mine foreman's daily report book at each portal other than the
main portal.
(d) It shall be the duty of the mine foreman or assistant
mine foreman, or an authorized person 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 a 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 purpose, stating
the condition of electrical equipment and other machinery in the
mine. This report shall be counter-signed by the mine foreman.
(e) The mine foreman shall report daily to the
superintendent all injuries that have occurred in or about the
mines, giving the age and occupation of the injured persons,
together with facts as to the families or dependents affected.
(f) It shall be the duty of the mine foreman to report
immediately all violations of this act to the mine inspector.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 226 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
D. EMPLOYMENT AND DUTIES OF MINE EXAMINERS.
Section 227. Employment of Mine Examiners.--Nothing in this
article shall prevent a first grade mine foreman or a first
grade assistant mine foreman from acting as mine examiners, or a
regularly employed mine examiner from acting in an emergency as
a first grade assistant mine foreman.
The mine foreman shall employ a sufficient number of mine
examiners in order that each mine can be examined in accordance
with the provisions of this act. The mine foreman or the
assistant mine foreman shall see that the mine examiner has left
his mark in places examined or reported as examined.
Section 228. Duties of Mine Examiners.--(a) In a gassy
mine, within three hours immediately preceding the beginning of
a coal-producing shift, and before any workmen in such shift,
other than those who may be designated to make the examinations
prescribed in this section, enter the underground areas of such
mine, certified persons designated by the mine foreman of such
mine to do so shall make an examination, as prescribed in this
section, of such areas. Each person designated to act as such a
mine examiner shall be directed to examine a definite
underground area of such mine, and in making his examination,
such mine examiner shall inspect every active working place and
places immediately adjacent thereto in such area and make tests
therein with an approved safety lamp for accumulations of
methane and oxygen-deficiency in the air therein. While
performing the duties of a mine examiner, the mine examiner may
use an approved electric cap lamp or flashlight provided it is
turned out while making an examination for gas. The mine
examiner shall examine seals and doors to determine whether they
are functioning properly; inspect and test the roof, face, and
rib conditions in the working places; inspect active roadways,
every unfenced roadway, travelways, approaches to abandoned
workings, and accessible falls in active sections for explosive
gas and other hazards; and inspect to determine whether the air
in each split is traveling in its proper course and in normal
volume. Such mine examiner shall place his initials and the date
at or near the face of each place he examines. If such 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, he shall indicate such dangerous 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.
A suitable record book shall be kept at the mine office, on
the surface, of every mine wherein mine examiners are employed,
and immediately after the examination of such mine or any
portion thereof by a mine examiner, whose duty it is to make
such examination, he shall enter in said book, with ink, a
record of such examination, and sign same. This record shall
show the time taken in making the examination, and also clearly
state the nature and location of any danger that may have been
discovered in any room or entry or other place in the mine, and
if any danger or dangers have been discovered, the mine
examiners shall immediately report the location thereof to the
mine foreman. No person shall enter the mine until the mine
examiners return to the mine office on the surface, or to a
station located in the intake entry of the mine (where a record
book as provided for in this section shall be kept in a fire-
proof vault and signed by the person making the examination),
and report to the mine foreman or the assistant mine foreman, by
telephone or otherwise, and a written report made thereof by the
person receiving the report, that the mine is in safe condition
for the men to enter. When a station is located in any mine, it
shall be the duty of the mine examiners to sign also the report
entered in the record book in the mine office on the surface.
The record books of the mine examiners shall at all times during
working hours be accessible to the mine inspector, any person
working in said mine and authorized representatives of the
employes of the mine.
A second examination by the same or other mine examiner shall
be made during working hours of every working place where men
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. No person on a non-coal producing shift (other than
a certified person designated under this paragraph) shall enter
any underground area in a gassy mine, unless such area, which
shall include all places on that particular split of air, has
been examined as prescribed in this subsection within three
hours immediately preceding his entrance into such area.
(b) In non-gassy mines, a pre-shift examination shall be
made each day during which coal is produced, and a report of
said examination shall be made in a report book provided for
that purpose. Such examination shall be made within three hours
immediately preceding the beginning of the first coal-producing
shift on such day.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 228 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
E. MANAGEMENT OF MINE; DUTIES OF
MINE SUPERINTENDENTS.
Section 229. Management of the Mine.--The right to hire and
discharge employes, the management of the mine, and the
direction of the working forces, are vested exclusively in the
operator; and no person or persons, association or associations,
organization or organizations, corporation or corporations,
shall interfere with or attempt to interfere with, abridge or
attempt to abridge, in any manner whatsoever, such right,
provided that this does not invalidate any existing or future
contract.
Section 230. Mine Supplies; Countersign Reports.--(a) It
shall be the duty of every superintendent, on behalf and at the
expense of the 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 employes, as
ordered by the mine foreman and required by this act. If, for
any reason, the superintendent cannot procure the necessary
materials or supplies as aforesaid, he shall at once notify the
mine foreman, whose duty it shall be to withdraw the men from
the mine, or portion of mine, until such materials or supplies
are received.
(b) The superintendent shall, at least once every week,
read, examine carefully, and countersign all reports entered in
the mine record book by the mine foreman, and if he finds on
such examination that the law is being violated in any
particular, he shall order the mine foreman to stop said
violation forthwith, and shall see that his order is complied
with.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 230 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 231. General Responsibility of Superintendent.--The
superintendent shall not obstruct the mine foreman or other
officials in the fulfillment of any of their duties as required
by this act, but he shall direct, provide the means, and see to
it that the mine foreman and all the other employes under him
comply with the law in all its provisions. He shall give
immediate attention to any violation of the law called to his
attention by the mine inspector. The superintendent shall be
responsible for all the outside workings and all the persons
there employed. At any mine where a superintendent is not
employed, the duties that are herein prescribed for the
superintendent shall devolve upon the mine foreman, in addition
to his regular duties.
Section 232. Danger Signals.--The superintendent of every
mine shall provide a sufficient number of danger signals, upon
request of the mine foreman, 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 signals in all mines
shall be uniform, and of a design approved by the secretary. All
danger signals shall be kept in good condition, and no defective
signal shall be used in any mine.
Section 233. Rules and Notices.--The superintendent shall
keep on hand at the mine a supply of the printed rules and
notices and record books required by this act, which shall be
furnished through the mine inspector on request of the
superintendent in writing. The operator shall reimburse the
Commonwealth for the cost of such rules, notices and record
books. The superintendent shall see that said rules and notices
and record books are delivered to the proper persons at the
mine, and that they are properly cared for, and he shall also
see that the rules and notices are posted in conspicuous places
at or near the entrance to the mine and kept in such condition
that they will always be legible.
Section 234. Withdrawal of Certification.--If the mine
foreman, the assistant mine foreman, mine examiner, or the mine
electrician, neglects his duties or incapacitates himself by
drunkenness, or is incapacitated by any other cause preventing
the proper performance of his duties, and information thereof
shall be brought to the knowledge of the superintendent, it
shall be the duty of the superintendent to make a thorough
investigation of the case; and if he finds evidence to sustain
the charge he shall suspend said individual and shall inform the
mine inspector, who shall inform the court of common pleas of
the county wherein the mine is located or a judge thereof, by
petition; and said court, or judge when the court is not in
session, shall issue a citation in the name of the Commonwealth
to the said mine foreman, assistant mine foreman, mine examiner,
or mine electrician, to appear, at not less than five days'
notice, upon a day fixed, before said court or a judge thereof,
at which time the court shall proceed to inquire into and
investigate the allegations. If the court finds the allegations
to be true, it shall notify the department of such finding, and
instruct said department to withdraw the certificate of said
delinquent: Provided, however, That he shall have the right to
appear before a board of examiners and be re-examined, and if he
can satisfy the board of his fitness, and passes a satisfactory
examination, he shall be given another certificate of
qualification. When the court orders the certificate of a mine
foreman, an assistant mine foreman, mine examiner, or mine
electrician, to be withdrawn, the mine inspector shall notify
the operators of the district of the fact.
F. MAPS AND PLANS.
Section 235. Contents of Maps and Plans.--The operator or
the superintendent of any bituminous coal mine shall make, or
cause to be made under the direction or supervision of a
registered mining engineer or registered surveyor, an accurate
map of the mine, on a scale of not less than two hundred feet to
the inch, which map shall show the following:
(1) All the openings, excavations, shafts, slopes, drifts,
tunnels, planes, main entries, cross entries and rooms and the
name or number of each; and the blueprint in the office of the
mine shall show by arrows the direction of the air currents in
said mine, each split to be numbered and suitably designated.
(2) An accurate delineation of the boundary lines between
said mines and all adjoining mines or coal lands, and the
relation and proximity of the workings of said mine to all
adjoining mines or coal lands.
(3) The elevation above or below mean tide at Sandy Hook of
the top and bottom of each shaft and slope, of all drifts,
tunnels, planes, and of the faces of entries, as found at each
semiannual survey, and in rooms and entries adjacent to boundary
lines between such mine and any adjoining mine or mines at
points not more than three hundred feet apart; also the number
of last survey station and the date of such survey on the
entries, as they are represented on the map; the location of
streams, rivers, lakes, dams, or any other bodies of water on
the surface, with their elevations accurately and plainly
marked; the location and elevation of any body of water dammed
in the mine, or held back in any portion of the mine, giving the
true area of said body of water; the location of all boreholes
penetrating the coal strata; and the location of all oil and gas
wells and oil and gas pipe lines: Provided, however, That for
the purpose of this section the owner or owners of the oil and
gas wells and the oil and gas pipe lines shall furnish, at his,
their or its own expense, to the operator of the mine on which
said wells are located or lines are constructed, a survey
showing the location thereof, and within sixty days after the
construction or location of wells and pipe lines hereafter made.
Section 236. Information as to Adjoining Mine.--When the
workings of a mine are within one thousand feet of the boundary
lines between such mine and any adjoining mine or mines,
application shall be made by the operator or the superintendent
to the mine inspector in the district for information as to the
proximity of the workings of such adjoining mine or mines and if
the workings of such adjoining mine or mines are, at their
nearest point, within one thousand feet of such boundary line,
the mine inspector shall so notify the said operator or the said
superintendent, who shall have such portion of the workings of
said adjoining mine or mines surveyed and shown on the map of
the mine first mentioned. For the sole purpose of making the
survey herein required, the engineer or surveyor of any mine
shall have the right of entry into any adjoining mine, on the
written authority of the mine inspector in the district.
Section 237. Availability of Map.--A true copy of said map
shall be kept in the mine office at the mine, for the use of the
mine officials and the mine inspector in the district, and for
the inspection, in the presence of the superintendent or the
mine foreman, of any person working in said mine, or of
authorized representatives of the employes of the mine, whenever
said person or representative shall fear 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 238. Revision of Map.--At least once every six
months the operator or the superintendent of every mine shall
cause to be shown accurately on the original map of said mine,
and on the copy of the map in the mine office, all the
excavations made therein during the time that has elapsed since
such excavations were last shown thereon.
Section 239. Furnishing Copies of Maps.--A copy of this map
shall be furnished every six months to the mine inspector in the
district in which the mine is located. When more than one seam
of coal is being worked in any mine, the mine inspector in the
district shall be provided with a separate copy of the original
map of the complete workings of each seam as provided for in
this act. The copies of the maps of the several mines, as
hereinbefore required to be furnished to the mine inspector in
the district, shall remain in the care of the mine inspector in
the district in which said mines are situated, as official
records pertaining strictly to the office of said mine
inspector, to be transferred by him to his successor in office,
and in no case shall any copy thereof be made or any information
therefrom be given to any person without the consent of the
operator, except as provided for in this act: Provided further,
That 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, such 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 240. Duties upon Abandonment of Mine.--Whenever a
mine is to be abandoned for a period of one year or more, the
operator or the superintendent shall notify the mine inspector
in the district at once and shall, within sixty days thereafter,
extend the said mine inspector's map to show clearly all worked-
out or abandoned territory with all property and boundary lines
and elevations as required in this act. The owner or the
operator of such abandoned mine shall also, within sixty days
after its abandonment, send to the department a tracing or print
of said complete original map which shall be kept in the
department as a public document. The registered mining engineer
or the registered surveyor shall certify that said tracing or
print is a true and correct copy of the original map of said
mine, and that the original map is a true, complete, and correct
map and survey of all the excavations made in such abandoned
mine.
Section 241. Survey by Mine Inspector.--If the mine
inspector in the district shall have reasonable cause to believe
that any map of any mine, furnished to him in pursuance of the
provisions of this act, is inaccurate or imperfect, he is hereby
authorized to have made a survey and a new map of said mine. The
cost of said survey and map shall be recoverable from the
operator as other debts are recoverable by law: Provided,
however, That if the map, claimed by the mine inspector in the
district to be inaccurate or imperfect, shall be found
sufficiently accurate to serve the purpose for which it is
intended, then the Commonwealth shall be liable for the expense
incurred in making said survey and map, which expense shall be
paid by the State Treasurer, upon warrant of the Auditor
General, issued upon the presentation of a voucher approved by
the secretary.
G. VENTILATION.
Section 242. Ventilation Requirements.--(a) The operator or
the superintendent of every mine shall provide and maintain
ample means of ventilation to furnish a constant and adequate
supply of pure air for the employes. 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) The quantity of air reaching the last open crosscut in
any pair or set of entries shall not be less than six thousand
cubic feet per minute. All active underground working places in
a mine shall be ventilated by a current of air containing not
less than nineteen and five tenths per cent of oxygen, not more
than five tenths per cent of carbon dioxide, and no harmful
quantities of other noxious or poisonous gases.
(c) Where belt conveyors are installed, main stoppings and
regulators shall be so arranged as to reduce the quantity of air
traveling in the belt conveyor entry to a minimum for effective
ventilation and to provide an intake air split as an escapeway
from the face area to the main air current.
This provision does not apply to approved mobile belt
conveyors when such are considered part of the equipment
required for face mining operations, provided doors are
installed in all stoppings between the two belt conveyor entries
to provide an escapeway in cases of fire, smoke, or any other
emergency, providing the application submitted by the operator
has the approval of a Commission of Mine Inspectors designated
by the secretary.
((c) amended Dec. 19, 1996, P.L.1414, No.182)
(d) If the air at a working face in a mine, when tested at a
point not less than twelve inches from the roof, face, and rib,
contains explosive gas, as detected by an approved flame safety
lamp, changes or adjustments shall be made at once in the
ventilation in such mine so that such air shall not contain a
detectable quantity of explosive gas.
(e) If a split of air returning from active underground
working places in a mine contains explosive gas, as detected by
an approved flame safety lamp, changes or adjustments shall be
made at once in the ventilation in such mine so that such
returning air shall not contain a detectable amount of explosive
gas. This does not apply to bleeder returns.
(f) Not more than seventy persons shall be permitted to work
in the same continuous air current. The return air from each
split shall be conducted into the return airway, which shall
lead to the main outlet.
(g) In non-gassy mines, the requirements of this section may
be modified or relaxed during the times that no men are in the
mine, if written permission therefor is obtained from the mine
inspector in the district.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 242 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 243. Crosscuts and Stoppings.--(a) The distance
driven to establish ventilation connections between entries or
rooms shall not exceed two hundred 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 two hundred linear feet
when the new air connection is established. In no case shall any
place be driven a total of more than two hundred linear feet
unless ventilation connections have been established, except as
herein provided. Where adequate ventilation can be provided the
mine inspector in the district may give written permission to
authorize a greater distance.
(b) 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
mine inspector in the district, to provide adequate ventilation
at the working face.
(c) Where practicable, an air connection shall be provided
at or near the face of each entry or room before the place is
abandoned.
(d) Entries or rooms shall not be started off an entry
beyond the last open crosscut: Provided, however, That room
necks and entries not to exceed eighteen feet in depth (unless
permission is obtained from the mine inspector in the district
to drive a greater distance) may be turned off an entry beyond
the last open crosscut if such room necks or entries are kept
free of accumulations of methane by use of line brattice or
other adequate means.
(e) On entries other than panel or room entries, all
permanent stoppings in crosscuts between intake and return
airways shall be built of solid, substantial, incombustible
material such as, but not limited to, concrete, concrete blocks,
bricks, steel or tile: Provided, however, That where physical
conditions exist because of heaving or caving which make the use
of concrete, concrete blocks, brick, steel or tile
impracticable, timber laid longitudinally "skin to skin" or an
approved substitute may be used. Temporary stoppings may be
erected in cut-throughs near the working face.
(f) Stoppings shall be reasonably airtight.
Section 244. Doors, Overcasts, and Undercasts.--(a) The
ventilation shall be so arranged by means of air locks,
overcasts, or undercasts that the passage of trips or persons
along the entries will not cause interruptions of the air
current. In face areas where it is impracticable to install air
locks, single doors may be used with the permission of the mine
inspector in the district. Air locks shall be ventilated
sufficiently to prevent accumulations of methane therein.
(b) Doors controlling ventilation shall be kept closed
except when men or equipment are passing through the doorways.
Motor crews and other persons who open doors shall see that the
doors are closed before leaving them. It shall be unlawful to
knowingly leave a door or a check-curtain open.
(c) All doors controlling ventilation shall be hung in such
a manner as to be self-closing.
(d) 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; they shall
be of ample area to pass the required quantity of air and shall
be kept clear of obstructions.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 244 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 245. Line Brattice.--(a) Substantially constructed
line brattice shall be used from the last open crosscut of an
entry or room when necessary, or when required by the mine
inspector in the district, to provide adequate ventilation for
the workmen and to remove gases and explosive fumes. When
damaged by falls or otherwise, they shall be repaired promptly.
(b) 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) Brattice cloth used underground shall be of approved
flame-resistant material.
Section 246. Auxiliary Blowers and Fans.--The operator of
any mine who desires to use therein any auxiliary blowers or
exhaust fans shall submit through the mine inspector in the
district to the secretary a ventilation plan showing the use
proposed to be made of such auxiliary blowers or exhaust fans.
Thereupon, the secretary shall review the plan and either--
(1) Approve it, in which case an appropriate permit shall be
issued; or
(2) Request additional information; or
(3) Disapprove the plan, setting forth in writing his
reasons for such disapproval.
The secretary must approve or disapprove the said plan within
sixty days after its initial submission to him for approval by
the operator. In approving such plan, the secretary shall
require that said auxiliary blowers or exhaust fans shall be
powered by approved motors when installed underground, operated
continuously while any work is being performed in the area being
ventilated thereby and be so placed that recirculation of the
air is not possible.
Section 247. Unused and Abandoned Parts of the Mine.--In a
gassy mine all workings which are abandoned after the effective
date of this act, or the dates such mine became a gassy mine,
whichever is later, shall be ventilated. Return air may be used
to ventilate such areas. The plan of ventilation of abandoned
and unused parts of the mine shall be approved by the mine
inspector in the district.
Section 248. Sewage Dumping Prohibited.--If any person shall
construct or cause to be constructed for use after the effective
date of this act, any sewer or other method of drainage from any
building or dwelling house for the carrying of sewage, offal,
refuse or other offensive matter, into any portion of any
operating or abandoned mine, such person shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
a fine not exceeding one thousand dollars ($1,000), and undergo
an imprisonment not exceeding one year, either or both, at the
discretion of the court.
Section 249. Fans.--The ventilation of mines which extend
more than two hundred feet underground, and which are opened
after the effective date of this act, shall be produced by a
mechanically operated fan or mechanically operated fans.
Ventilation by means of a furnace is prohibited in any mine. The
fan or fans shall be kept in continuous operation, unless
written permission to do otherwise be granted by the mine
inspector in the district. All main fans installed after the
effective date of this act shall be located on the surface in
fireproof housing offset not less than fifteen feet from the
nearest side of the mine opening, equipped with fireproof air
ducts provided with explosion doors or a weakwall, and operated
from a separate power circuit. 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: Provided,
however, That such opening is not in direct line with possible
forces coming out of the mine if an explosion occurs: And
provided further, That there is another opening having a
weakwall stopping or explosion doors that would be in direct
line with forces coming out of the mine. All main fans shall be
provided with pressure-recording gauges, or water gauges. A
record of the charts shall be kept for one year. A daily
inspection shall be made of all main fans and machinery
connected therewith by a competent person and a record kept of
the same in a book prescribed for this purpose. Approved
facilities shall be provided at point or points under
observation while men are in the mine, which shall give warning
of an interruption to a fan. Where such facilities are not
provided, an attendant shall be constantly kept on duty while
men are in the mine.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 249 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 250. Measurement of Methane.--When requested by the
mine inspector in the district, the mine foreman or the
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 one-tenth of one per cent. 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 mine inspector in the district, and a correct report of
these determinations shall be promptly furnished to the mine
inspector in the district. Said determinations, or samples,
shall be taken on days when the men are at work and recorded in
a book provided for that purpose.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 250 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
H. COAL DUST AND ROCK DUST.
Section 251. Control of Coal Dust; Rock Dusting.--(a) In all
mines, dangerous accumulations of fine, dry, coal dust shall be
removed from the 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 one thousand feet outby the
first active working place in each operating section shall be
kept watered down or rock dusted, or dust allayed by such other
methods as may be approved by the department. All mines or
locations in mines that are too wet or too high in incombustible
content to initiate or propagate a coal dust ignition are not
required to be rock dusted during the time any of these
conditions prevail. Coal dust and other dust in suspension in
unusual quantities shall be allayed by sprinkling or other dust
allaying or collecting devices.
(b) In all dry and dusty mines, or sections 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 one thousand feet outby the junction
with the first active working place. Rock dust shall be so
applied to include the last open crosscut of rooms and entries,
and to within forty feet of the faces except in mines where
mining is done by continuous-type mining machinery, in which
case, the distances from the face that rock dust shall be
applied shall be the mining distance for one shift: Provided,
That the active working place is kept from damp to wet: And
further provided, That after coal production on any shift has
ceased, an application of rock dust is made in the exposed area
to within forty feet of the face before additional mining is
performed in said area. Rock dust shall be maintained in such
quantity that the incombustible content of the mine dust shall
not be less than sixty-five per cent.
(c) Rock dust shall not contain more than five per cent by
volume of quartz or free silica particles and shall be
pulverized so that one hundred per cent will pass through a
twenty mesh screen and seventy per cent or more will pass
through a two hundred mesh screen.
(d) The superintendent shall see that a representative
sample of dust is gathered at each sampling point from the roof,
sides, and floor of all entries by a competent person once each
two months, while the mine is in operation, and tested to
determine if any part of the mine requires redusting; and a
record shall be kept in a book provided for that purpose through
the department, in the same manner as is provided for the record
books of the mine officials, showing the location at which
samples have been taken and the results of the analyses or
tests. The distance between sampling points on haulageways,
travelingways, and airways shall not exceed two thousand feet;
but in developing entries, and in entries producing coal from
rooms or pillars, and their parallel entries, the distance
between sampling points shall not exceed five hundred feet.
I. ROOF; FACE; RIBS.
Section 252. Employes: Instruction of; Examination of
Working Areas; Duties.--It shall be the duty of the mine foreman
or his assistant to 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. Face workers and other employes 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. A miner shall examine his
place to see whether the mine examiner has left the date marks
indicating his examination thereof, and if said marks cannot be
found, it shall be the duty of the miner to notify the mine
foreman or his assistant of the fact. The required tests may be
made by any competent person for a crew. 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. If roof, face or rib conditions are
found to be unsafe, and the unsafe condition cannot be corrected
by normal taking down or supporting practices, the place shall
be vacated and guarded or a danger sign erected to prevent
unauthorized entrance, and the official in charge promptly
notified. Only men capable of correcting the dangerous condition
may be delegated to do such work. The officials in charge shall
examine for unsafe conditions, the roof, faces, ribs, and
timbers or supports of all working places each time they visit a
place. Unsafe conditions found by them shall be corrected
promptly. All employes shall notify the mine foreman or his
assistant of any unsafe condition in the mine when said
conditions are known to them.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 252 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 253. Roof Support.--(a) The roof in all underground
areas shall be supported as necessary for the protection of the
employes and equipment. Minimum timbering, or other roof support
methods, suitable to the roof conditions of each mine or part of
a mine shall be adopted by the operator and complied with. The
mine inspector in the district shall be notified of the adoption
of such a plan of roof support and shall review the said plan,
and either--
(1) Approve it, or
(2) Request additional information, or
(3) Disapprove the plan, setting forth in writing his reason
for such disapproval.
The mine inspector in the district shall approve or
disapprove the said plan within sixty days after its initial
submission to him for approval by the operator. Workmen whose
work involves roof support shall be informed of approved roof
support plans, and if required by the mine inspector in the
district, such plans shall be posted.
Additional roof supports shall be used when and where
necessary. Safety posts, approved jacks or temporary crossbars
shall be set close to the face when necessary for safety before
other operations are begun and as needed thereafter. Where roof
supports are required at the working faces, persons shall not
advance beyond supported roof, except those who are assigned to
install supports or make examinations. Recovery of roof supports
shall not be done except by experienced persons and only where
adequate temporary support is provided.
(b) Should a mine operator propose use of roof bolts in lieu
of conventional tembering, he shall discuss his proposed plan
with the mine inspector in the district. If roof bolts are to be
used in a first mining area, the mine inspector in the district
and the operator or his representative shall arrange for a test
area. Roof bolts shall be installed in conjunction with
conventional timbering as the working places advance. After
these places have advanced a predetermined distance, all
entrances shall be fenced off and approved danger signals
displayed on same fences. The conventional timbering shall then
be removed. Observation of the test area shall be made by the
mine inspector in the district and the operator or his
representative. If they are satisfied that the roof bolting is
successful, an application together with a copy of the roof
bolting plan shall be sent to the secretary requesting a permit.
Whereupon the secretary shall either approve or reject the
proposed roof bolting plan within sixty days after initial
submission to him. If the request for the permit is rejected the
secretary shall give his reasons therefor in writing to the
operator.
(c) Should a mine operator propose the use of roof bolts in
lieu of the previously adopted roof support plan in pillar
recovery areas, a plan shall be proposed to the mine inspector
in the district whereby the working places shall be roof bolted
in conjunction with the previously adopted roof support plan
during the observation period.
Observation of this pillar recovery area shall be made by the
mine inspector in the district and the operator or his
representative. If they are in agreement that the roof bolting
is successful, an application shall be made in accordance with
subsection (b) of this section.
J. EXPLOSIVES AND DISLODGING COAL.
Section 254. Authorized Explosives.--Permissible explosives,
approved breaking devices, or approved blasting devices only
shall be used in blasting or dislodging coal or other material
in underground coal mines. The secretary, when satisfied by
tests that any approved coal breaking device, or approved
blasting device, has deteriorated from the standard established
by the testing station of the Federal Bureau of Mines, and
thereby becomes dangerous, may prohibit the use thereof, either
absolutely or subject to conditions.
Section 255. Surface Magazines for Explosives.--Separate
surface magazines shall be provided for storage of explosives,
detonators and blasting heater elements. Surface magazines shall
be constructed of incombustible materials, be reasonably bullet
proof and with no metal or sparking material exposed inside the
magazine. Surface magazines shall be provided with doors
constructed of at least three-eighths inch steel plate lined
with a two-inch thickness of wood or the equivalent, properly
screened ventilators, and with no openings except for entrances
and ventilation, and shall be kept locked securely when
unattended. The area for a distance of at least twenty-five feet
in all directions shall be kept free of materials of a
combustible nature; suitable warning signs shall be erected, so
located that a bullet passing directly through the face of the
sign will not strike the magazine. The location of magazines
shall be not less than two hundred feet from any mine openings,
occupied buildings or public roads unless barricaded. If
magazines are illuminated electrically, the lamps shall be of
vapor-proof type properly installed and wired. Smoking or open
lights shall be prohibited in or near any magazine.
Section 256. Underground Storage of Explosives.--Explosives
and detonators stored underground shall be kept in section boxes
or magazines of substantial construction with no metal exposed
on the inside, and be located at least twenty-five feet from
roadways and power wires in a well rock-dusted location
protected from falls of roof. If not kept in separate boxes or
magazines not less from five feet apart, they may be kept in the
same box or magazine if separated by at least a four-inch
hardwood partition or the equivalent. Not more than a forty-
eight hour supply of explosives or detonators shall be stored
underground in section boxes or magazines. These boxes or
magazines shall be kept at least three hundred feet from the
faces, and out of the direct line of blasting, and in every case
they shall be installed outby the last permanent stopping and on
intake air.
Section 257. Preparation of Shots; Blasting Practices;
Multiple Shooting.--(a) Only competent and experienced persons
designated by a mine foreman shall be permitted to handle
explosives and to do blasting. Only electric detonators of
proper strength fired with approved shot-firing units shall be
used and drillholes shall be solidly stemmed with at least
twenty-four 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: Provided, That with
permission of the mine inspector in the district, cushion or air
blasting may be used. 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. Ample warning shall be given before shots
are fired, and care shall be taken to determine that all persons
are in the clear before firing. Men shall be removed from
adjoining places and other places when there is danger of shots
blowing through. No shots shall be fired in any place known to
liberate explosive gas until such place has been properly
examined by a competent person who is designated by the mine
foreman for that purpose, and no shots shall be fired in any
place where gas can be detected by an approved flame safety lamp
in accordance with the provisions of this act. After firing any
shot, or shots, the person firing the same shall make a careful
examination of the working face before leaving the place, or
before performing any other work in the place.
(b) The operator of a mine who desires to engage in multiple
shooting shall submit to the mine inspector in the district a
plan indicating the manner and details in which he proposes to
engage in multiple shooting. Thereupon, the mine inspector in
the district shall review the plan and submit the plan with his
recommendations to the secretary.
The secretary must approve or disapprove the said plan within
sixty days after its initial submission to him. Upon approval,
an appropriate permit shall be issued. If the request for the
permit is rejected, the secretary shall give his reasons
therefor in writing to the operator.
(c) While boreholes are being charged, electrical equipment
shall not be operated in the working place and only work in
connection with roof support and general safety shall be
performed. Shots shall be fired promptly after charging.
(d) Mudcaps (adobes) or any other unconfined shots shall not
be permitted in any bituminous coal mine. No solid shooting
shall be permitted without written permission of the secretary.
Where solid shooting is practiced, blasting holes shall be
stemmed the full length of the hole.
(e) Blasting cables shall be well insulated and shall be at
least one hundred twenty-five feet in length to permit persons
authorized to fire shots to get in a safe place out of the line
of blasting. Shooting cables shall be kept away from power wires
and all other sources of electric current, connected to the leg
wires by the person who fires the shot, staggered as to length
or well separated at the detonator leg wires, and shunted at the
battery end until ready to connect to the blasting unit.
Detonator leg wires shall be kept shunted until ready to connect
to the blasting cable.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 257 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 258. Other Blasting Devices.--(a) The provisions
governing the handling, storage, transportation and use of
permissible explosives shall apply to all other blasting devices
employing a heater element when used underground.
(b) Where compressed air is used for blasting or dislodging
coal the air lines shall be grounded at the compressor, and if
practical, at other low-resistant ground connections along the
lines. They shall not be connected in any way to rails, water
lines, or other electric return conductors and shall be
adequately insulated and protected where they cross electric
wires, underneath track or at places where equipment passes over
or under. Steel, copper, or other air lines connected therewith
shall not be handled or repaired when air pressure is in the
line. Shutoff valves shall be installed every one thousand feet
in all compressed-air blasting lines and at all points where
branch lines leave the main line. Blowdown valves shall not be
less than fifty feet from the face and in a safe place out of
the line of blasting.
(c) When misfires occur with any other blasting or
dislodging devices, they shall be handled under the supervision
of the mine foreman, his assistant or a competent person
designated by them.
(d) Airlines shall be examined periodically for kinks or
other weaknesses and replaced immediately when defects are
found.
(e) When blowdown valves are opened to discharge the tube,
they shall remain open until time to place the tube in the next
borehole, except where shear-strip or shear-pin tubes are used.
Section 259. Transportation of Explosives.--(a) Individual
containers used to carry permissible explosives or detonators
shall be constructed of substantial, nonconductive materials
approved by the secretary, kept closed and maintained in good
condition. When explosives or detonators are transported
underground in cars moved by means of locomotives, ropes or
other motive power, they shall be in cars having a substantial
covering or in special substantially built covered containers
used specifically for transporting detonators or explosives.
Explosives or detonators shall not be hauled into or out of the
mine within five minutes preceding or following a mantrip.
(b) Where explosives and detonators are transported
underground by belts, they shall be handled in the following
manner: In the original and unopened cases, if constructed of
nonconductive material, or in special closed cases constructed
of nonconductive material; over-head clearance requirements
shall be a minimum of eighteen inches; stop controls shall be
provided at loading and unloading points, and a competent person
shall supervise the loading and unloading.
(c) 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.
(d) 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 such cars or containers shall be
constructed or lined with nonconductive material.
(e) No hand loader shall carry into or shall have delivered
to him any larger quantity of explosives or detonators than he
may reasonably expect to use in any one shift.
Section 260. Unlawful to Employ Noncertified Shot-Firers.--
It shall be unlawful to employ as shot-firers in any gassy
bituminous coal mine, any person who has not given evidence to
the secretary as to his fitness and competency to handle and use
an approved safety lamp, and his ability to determine the
presence, or absence, of explosive gas and other dangerous
conditions. The manner of determining such fitness and
competency shall be prescribed by the secretary; he shall issue
a certificate to those found competent, the form of which shall
also be prescribed by the secretary and the cost of such
examination and certification shall be borne by the candidates:
Provided, That persons possessing certificates to act as mine
foremen, assistant mine foremen and mine examiners in gassy
bituminous coal mines shall be eligible to act as shot-firers:
Provided, however, That in an emergency the mine foreman may
designate, temporarily, a competent person or persons to act as
shot-firers, but this authority shall not be exercised by the
mine foreman so long as other certified personnel are available
in the area affected.
Section 261. Electrical Shot-Firing.--Electricity from any
grounded circuit shall not be used for firing shots.
Section 262. General Shot-Firing Rules.--(a) When gas is
ignited by a blast, or a fire occurs, the person having charge
of the place where the said gas is ignited, or a fire occurs,
shall immediately extinguish it, if possible, and if unable to
do so he shall immediately notify the mine foreman or his
assistant of the fact, and warn other persons in the vicinity
who might be endangered.
(b) When a miner or shot-firer is about to fire a blast, he
shall notify all persons who may be endangered thereby, and
shall give sufficient alarm so that any person approaching may
be warned of the danger.
(c) All charging and tamping tools shall be constructed of
nonsparking materials.
(d) Immediately after the firing of a shot, the firing leads
shall be disconnected from the supply or source of electricity
and shunted.
(e) No firing machine or battery shall be connected to the
shot-firing leads until all other steps preparatory to the
firing of a shot have been completed, and all persons have moved
to a place of safety, and no person other than the shot-firer
shall make such connection.
(f) Any person firing shots shall keep the firing machine or
battery in his possession at all times while blasting.
(g) Frequent tests shall be made of all blasting devices to
insure that their capacity has not been decreased by use or
accident.
(h) The shot-firer shall turn the approved electric cap lamp
out when making an examination for gas.
(i) The shot-firer shall examine the place for gas and other
dangers before and after firing each shot or blast. The
examination following a shot or blast shall not apply to those
areas where stumps are being shot solely for the purpose of
inducing falls.
(j) In a non-gassy mine, whenever a miner or shot-firer
shall open a box containing powder or other explosives, or while
in any manner handling the same, he shall first place his lamp
not less than five feet from such explosives and in such a
position that the air current cannot convey sparks to the
explosives, and he shall not smoke while handling explosives.
K. HOISTING.
Section 263. Hoisting Equipment; Duties of Operator or
Superintendent; Hoisting Operations.--(a) The operator or
superintendent of every bituminous coal mine worked by shaft
shall provide and maintain a metal tube, telephone or other
means of communication from the top to the bottom and
intermediate landings of such shaft; a standard means of
signaling; an effective safety catch, bridle chains, automatic
stopping device, and automatic overwind; a sufficient cover on
every cage used for lowering or hoisting persons; an effective
safety gate at the top of the cage shaft, and intermediate
landings controlled by the cage, and an adequate brake on the
drum of every machine used to lower or hoist persons in such
shaft. Such operator shall have the machinery used for lowering
and hoisting persons into or out of the mine kept in safe
condition, and a cage hoist equipped with a reliable indicator.
Cages and elevators shall be inspected once in each twenty-four
hours by a competent person of the company or a manufacturer's
representative; a safety catch test made every two months, a
record kept thereof, and a copy sent to the mine inspector.
Where a hoisting engineer is required, he shall be readily
available at all times when men 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 men.
However, this shall not apply to elevators used exclusively for
hoisting and lowering men. 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
high and three feet wide to enable a person to pass the shaft in
going from one side of it to the other without passing over or
under the cage or other hoisting apparatus. Positive stop blocks
or derails shall be placed near the top and bottom and at all
intermediate landings of slopes and surface inclines and at
approaches to all shaft landings. A waiting station with
sufficient room, ample clearance from moving equipment, and
adequate seating facilities shall be provided where men are
required to wait for man-trips or man-cages, and the men shall
remain in such station until the man-trip or man-cage is
available. No hoisting engineer shall be required for
automatically operated cages, elevators, or platforms.
(b) When hoisting or lowering of men 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
and 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 persons coming to
the bottom may clearly discern the cages, elevators, and other
objects contiguous thereto. The mine foreman shall require that
no cages or elevators on which men are riding shall be lifted or
lowered at a rate of speed greater than nine hundred feet per
minute, and that no mine cars, either empty or loaded, shall be
hoisted or lowered on cages while men are being lowered or
hoisted, and no cage having an unstable self-dump platform,
shall be used for the carrying of workmen unless the same is
provided with some device by which it may be securely locked
when men are being hoisted or lowered into the mine.
(c) In shafts where coal is hoisted and employes 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. In shafts used exclusively
for lowering or hoisting employes and material, the factor of
safety of ropes, links, and chains shall not be less than ten to
one of the maximum load. All such ropes, links and chains shall
be carefully examined, at least once every twenty-four hours, by
a competent person delegated for that purpose by the
superintendent; and any defect therein found, 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; and until that is accomplished he shall prohibit any
person from being lowered into or hoisted from the mine by the
defective apparatus. The person making said examination shall
keep a daily record of each inspection, in ink, in a book kept
at the mine office for that purpose, and he shall send a copy
thereof each day to the superintendent.
(d) The operator or the superintendent shall provide every
cage, used for lowering or hoisting persons, with handrails at
sides or overhead, or additional suitable devices and with bar,
or gate at ends; however, this shall not apply to elevators used
exclusively for lowering and hoisting men. The ropes shall be
securely attached to the sides of the drum of every machine that
is used for lowering and hoisting persons 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) In all shafts and slopes, where persons, coal and other
materials are hoisted by machinery, a system of signaling
approved by the mine inspector in the district, shall be in
effect. The following code of signals shall be used:
One signal, to hoist car or cage;
One signal, to stop car or cage when in motion;
Two signals, to lower car or cage;
Three signals, to hoist persons. The engineer shall signal
back when ready, after which the person shall get on the car or
cage, and then one signal shall be given to hoist.
Four signals, to turn on steam to the pumps.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 263 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 264. Duties of Bottom Man.--At every shaft or slope
where persons are lowered into or hoisted from the mine, a
bottom man, who shall be over twenty-one years of age, shall be
designated by the mine foreman. The bottom man shall be on duty
when men are being hoisted or lowered at the beginning and end
of each shift. The bottom man shall personally attend to the
signals and see that the provisions of this act in respect to
hoisting persons in shafts or slopes are complied with. The
bottom man shall not allow any tools to be placed on the same
cage with persons, or on either cage when they are being hoisted
out of the mine, except for the purpose of repairing the shaft
or machinery therein. The men shall place their tools in
containers or cars provided for that purpose, which containers
or cars shall be hoisted before or after the men have been
hoisted. The bottom man shall see that no driver or other person
ascends the shaft with any horse or mule. The bottom man shall
immediately inform the mine foreman of any violation. The bottom
man shall not attempt to withdraw the car until the cage comes
to a rest; and when, putting the full car on the cage, he shall
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 engineer. No bottom man shall be required for automatically
operated cages, elevators or platforms.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 264 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex)..
Section 265. Number of Persons to be Hoisted.--No greater
number of persons shall be lowered or hoisted at any one time,
in any shaft or slope, than is permitted by the mine inspector
in the district, and whenever the said number of persons
returning from work shall arrive at the bottom of the shaft or
slope, in which persons are regularly hoisted or lowered, they
shall be promptly furnished with an empty cage, car, or
elevator, and be hoisted to the surface, and in cases of
emergency a less number than the permitted number shall be
promptly hoisted. A notice of the number allowed to be lowered
or hoisted at any one time shall be kept posted by the operator
or superintendent in conspicuous places at the top and bottom of
the shaft. This notice shall be signed by the mine inspector in
the district. The cage or cages or other safe means of egress
shall be available at all times for the persons employed in any
mine that has no second outlet available.
Section 266. Duties of Top Man.--(a) At every shaft or
slope where persons are lowered into or hoisted from a mine, a
top man or trip rider who shall be over twenty-one years of age
shall be designated by the superintendent. He shall be on duty
when men are being hoisted or lowered at the beginning and end
of each shift. The top man or trip rider shall personally attend
to the signals, and see that the provisions of this act in
respect to lowering and hoisting persons in shafts or slopes are
complied with. No top man shall be required for automatically
operated cages, elevators, or platforms.
(b) Any person crowding or pushing to get on or off the
cage, elevator, or car, thereby endangering life, shall be
reported by any person to the superintendent who, in turn, shall
report the incident to the mine inspector for appropriate
action.
(c) The top man shall 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 therein. The men shall place their
tools in containers or cars provided for that purpose, which
containers or cars shall be lowered before or after the men have
been lowered. He shall also see that no driver or other person
descends the shaft with any horse or mule.
(d) The top man of a slope or incline plane shall 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 said
safety block or other device be withdrawn until the cars are
coupled to the rope or chain and the proper signal given. He
shall carefully inspect each day all the machinery in and about
the headframe and the rope used, and shall promptly report to
the superintendent any defect discovered, and shall securely
attach the cars to the rope before lowering them down the
incline. He shall ring the alarm bell in case of accident, and
when necessary, immediately set free to act the drop logs or
safety switch.
(e) The top man of a shaft shall see that the springs or
keeps for the cage to rest upon are kept in good working order,
and when taking off the full car he shall see that no coal or
other material falls down the shaft.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 266 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 267. Use of Competent Engineers.--No operator or
superintendent of any bituminous coal mine worked by shaft,
slope, or incline, shall place in charge of any engine used for
lowering or hoisting persons employed in such mine any but
competent engineers who are at least twenty-one years of age;
and no engineer in charge of such machinery shall allow any
person, except as may be designated for this purpose by the
operator or superintendent, to interfere with any part of the
machinery; and no person shall interfere with or intimidate the
engineer in the discharge of his duties. When workmen are being
lowered or raised, the engineer shall take special precautions
to keep the engine well under control. No person shall ride on a
loaded cage or car in any shaft, slope, or incline: Provided,
however, That this shall not prevent any trip rider from riding
during the performance of his authorized duties.
L. TRANSPORTATION.
Section 268. Clearances and Shelter Holes.--(a) Track
switches, except room and entry development switches, shall be
provided with properly installed throws, bridle bars and guard
rails; switch throws and stands, where possible, shall be placed
on the clearance side. Haulage roads shall have a continuous
unobstructed clearance of at least thirty 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
except where trolley lines are guarded or are installed at least
six and one-half feet above the rail. The clearance space on all
haulage roads shall be kept free of loose rock, coal, supplies
or other materials, provided that not more than thirty inches
need be kept free of such obstructions. Ample clearance shall be
provided at all points where supplies are loaded or unloaded
along haulage roads or conveyors.
(b) After the effective date of this act, shelter holes
shall be provided on the clearance side along designated
travelingways which are also used as haulage entries, other than
belt conveyor haulage entries. This shall not apply to face area
or room haulageways. Such shelter holes shall be spaced not more
than eighty feet apart. Shelter holes made after the effective
date of this act 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. Room necks and 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.
Shelter holes shall be kept clear of refuse and other
obstructions. Shelter holes shall be provided at switch throws,
except at room switches. Shelter holes shall be provided at
manually operated permanent doors.
Section 269. Underground Equipment; Use and Maintenance.--
(a) No steam locomotive shall be used in mines where men are
actually employed in the extraction of coal, but this shall not
prevent operations of a steam locomotive through any tunnel,
haulway, or part of a mine that is not in actual operation and
producing coal.
(b) Underground equipment powered by internal combustion
engines using petroleum products, alcohol, or any other compound
shall not be used in a coal mine unless such equipment has been
approved by the secretary for underground use in bituminous coal
mines and the equipment is operated and maintained in compliance
with Article II-A. ((b) amended Dec. 19, 1996, P.L.1414, No.182)
(c) Locomotives, mine cars, supply cars, shuttle cars, and
all other 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.
Operators of haulage equipment shall sound a warning on
approaching curves, intersections, doors, curtains, manway
crossings, or any other location where persons are likely to
travel.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 269 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 270. Operation of Haulage Equipment.--(a) Motormen,
brakemen, and trip riders shall use care in handling locomotives
and cars. It shall be their duty to see that all the trip is
coupled before starting. It shall be their duty to see that
there is a conspicuous light, or other device approved by the
secretary, properly maintained, on the front and rear of each
trip or train of cars when in motion: Provided, however, That
trip lights need not be used on cars being shifted to and from
loading machines, on cars being handled at loading heads during
gathering operations, at working faces, or on trips being pulled
by animals. No persons shall ride on locomotives or empty cars
unless granted permission by the mine foreman. No person other
than those necessary to operate a trip or car shall ride on any
loaded car or on the outside of any car. Motorman shall see that
safety devices are placed on the last car of any trip being
hauled upgrade, as designated by the mine foreman and approved
by the mine inspector in the district.
(b) No motorman, trip rider or brakeman shall get on or off
cars, trips, or locomotives while they are in motion, except
that a trip rider or brakeman may get on or off the rear end of
a slowly moving trip or the stirrup of a slowly moving
locomotive to throw a switch, to apply braking devices, align a
derail, or open or close a door.
(c) Flying or running switches, and riding on the front
bumper of a car is prohibited. 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.
(d) 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 under his
jurisdiction shall move only at his direction.
(e) Motormen shall inspect locomotives and report any
mechanical defects found to the proper mine official before a
locomotive is put in operation.
(f) When a motorman or brakeman has occasion to leave a
trip, he shall see that it 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 persons.
(g) Gathering service locomotives shall employ a brakeman,
except where trips are consolidated on partings or sidetracks.
(h) When a driver has occasion to leave his trip, he shall
see that it is left in a safe place, secure from cars or other
dangers, and where it will not endanger the drivers of other
trips or other persons.
He shall take care while taking his trip down grade to have
the brakes, sprags or skids so adjusted that he can keep the
cars under control, and prevent them from running over himself
or others.
He shall not leave any cars standing where they may
materially obstruct the ventilating current, except in case of
accident, which he shall promptly report to the mine foreman or
his assistant.
He shall not allow any person to ride on loaded mine cars. He
shall not allow any person to drive his horses or mules in his
stead. When it is his duty to open a door for the purpose of
passing his trip through, he shall see that the door is
immediately closed thereafter.
Section 271. Duties of Trip Rider and Hooker-On on Rope
Haulage.--(a) The trip rider shall see that all hitchings are
safe for use, and that all the trip is coupled before starting,
and should he at any time see any material defect in the rope,
link, or chain, he shall immediately remedy said defect, or if
he is unable to do so, he shall detain the trip and report the
matter to the mine foreman or his assistant. He shall not allow
any person to ride on the full trip. He shall not allow any
person to ride on the empty trip, except by authority of the
mine foreman, and the speed shall not exceed six miles an hour
when men are being transported.
(b) The hooker-on 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 engineer. He shall not
allow any person to ride up the slope on the full trips, other
than the trip rider.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 271 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 272. Transportation of Men.--(a) 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 person designated by the mine foreman
or his assistant. It shall be operated independently of any
loaded trip of coal or other heavy material, but may transport
tools, small machine parts and supplies. When mine cars are used
for mantrips on steep grades, a locomotive shall be used on each
end of the trip.
(b) Cars on the mantrip shall not be overloaded, and
sufficient cars in good mechanical condition shall be provided.
"Drop-bottom" cars shall not be used for mantrips unless they
are provided with a secure supplementary locking device. No
person shall ride under the trolley wire unless suitable covered
man cars are used. Men shall not load or unload before the cars
in which they are to ride, or are riding, come to a full stop.
Men shall proceed in an orderly manner to and from mantrips.
(c) When belts are used for transporting men, a minimum
overhead clearance of eighteen inches shall be maintained
between the belt and the roof or crossbars, projecting
equipment, cap pieces, overhead cables, wiring, and other
objects. Where the height of the coal seam permits, the overhead
clearance shall not be less than twenty-four inches. The belt
speed shall not exceed two hundred and fifty feet per minute
where the minimum overhead clearance is eighteen inches, or
three hundred feet per minute where the minimum overhead
clearance is twenty-four inches. Men shall ride not less than
six feet apart. Where men are transported, control lines shall
be installed the full length of the belt with control switches
placed along the belt line at intervals not exceeding two
hundred feet. Emergency switches shall be wired in such a manner
so that, when the belt is stopped, it cannot be started by any
other switch except the one that was de-energized.
(d) An assistant mine foreman or some other person
designated by the mine foreman shall supervise the loading and
unloading of belts and mantrips. Adequate clearance and proper
illumination shall be provided where men board or leave conveyor
belts.
(e) Adequate precautions shall be taken so that moving trips
and standing cars are subject to proper control by derailing or
braking devices.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 272 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 273. Conveyor Belts; Construction and Operation of
Conveyor Equipment Underground.--(a) It shall be unlawful to
operate any conveyor belt in any bituminous coal mine unless
such conveyor belt is efficiently insulated by flame resistant
material: Provided, however, That an operator who, on April 4,
1956, had in use or on hand within the State of Pennsylvania a
conveyor belt which is not fire resistant may use such conveyor
belt in the same or any other mine of the same operator until
replacement is necessary.
(b) All conveyor entries shall be provided with a minimum
width and height of not less than four feet for travel; but 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.
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 under foot, and free 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 under foot and free from
electric wires and electric cables.
(c) At all points where men must of necessity cross
conveyors, the conveyor at the point where the crossing is made
shall be so arranged that men can cross safely and conveniently
without coming in contact with the conveyor.
(d) 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.
(e) All electric wires or electric cables in completed
portions of conveyor entries shall be carried on insulators, and
all electric cables constantly kept in rooms or pillars or other
working places shall be carried on suitable supports to within
seventy feet of the face of each working place.
(f) Control lines shall be installed the full length of the
belt where men are not transported.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 273 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
M. WELDING AND CUTTING.
Section 274. Blowtorches and Fuel.--(a) Blowtorches may be
used by competent persons in underground machine shops which are
ventilated by a separate split of air provided (1) suitable
precautions are taken against ignition of combustible gases,
coal dust, or combustible materials, (2) means are provided for
prompt extinguishment of fires accidentally started, and (3)
fuel is properly controlled. Blowtorches must be maintained at
all times in good operating condition and leakproof.
(b) Fuel for blowtorches, in quantities not exceeding one
day's supply, shall be transported from the surface in proper
safety cans, leakproof and sturdy. In transferring fuel to the
torch, a funnel or flexible nozzle shall be used to avoid
spillage, and neither the supply can nor the torch shall be
opened within twenty-five feet of any open light or other device
containing or apt to contain fire, arcs, or sparks.
Section 275. Oxygen and Gas Containers.--(a) A substantial
insulated container provided with a cover and specially designed
for safe transportation of the cylinders shall be used in
transporting oxygen and gas tanks or cylinders in all bituminous
coal mines.
(b) All oxygen and gas tanks or cylinders shall be clearly
identified.
Section 276. Transportation of Oxygen and Gas.--(a)
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) 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 or gas tanks or cylinders
shall be transported with the hoses and gauges attached thereto.
Section 277. Storage of Oxygen and Gas.--(a) 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 more than one week's supply of oxygen or gas shall
be stored in any underground or surface shop. This quantity
shall be determined in agreement with the mine inspector in the
district.
(b) 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 structures. Valves on empty tanks or
cylinders shall be kept closed.
Section 278. Use of Oxygen and Gas.--(a) Oxygen and gas
tanks or cylinders and their contents must be used solely for
their intended purposes.
(b) The person or persons 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
persons using oxygen or gas in and about bituminous coal mines
shall be provided with goggles or shields and the clothing of
such person shall be reasonably free of oil and grease.
(c) 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) The oxygen or gas hose lines, gauges and the like shall
be maintained in a safe operating condition. Defective tanks,
cylinders, gauges, hose lines, torches and the like shall be
taken out of service upon discovery and shall not be put into
use until corrected and made safe.
(e) No more than one unit consisting of one gas tank and one
oxygen tank shall be permitted in any one working section at one
time. When not in use, this unit shall be removed to a point
outby the last open crosscut and kept away from power wires and
electric equipment.
(f) 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 said oxygen or gas.
(g) 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 certified 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 complied
with--
(1) Fresh intake air shall be established to a point inby
where the cutting or welding is to be performed.
(2) An approved flame safety lamp shall be used by a
certified mine official for gas detection during the cutting and
welding operation.
(3) No persons shall be permitted inby the point in the
working section where cutting or welding operations are being
performed.
(h) 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. Neither
oxygen nor gas shall be used near oil, grease or fine coal dust
unless such oil, grease or fine coal dust is adequately cleaned
or made inert by the use of rock dust or the area where such
work is to be done is throughly wetted.
(i) Oxygen or gas cutting, burning or welding shall be done
in intake air only. Underground shops, where oxygen gas burning
is being done, shall be on a separate split of air.
(j) Tests for leaks on hose valves or gauges shall be made
only with a soft brush and soapy water or soap suds.
(k) An efficient and proper type torch-tip cleaner shall be
kept on hand and used to maintain each torch in a safe operating
condition. A suitable wrench designed for oxygen and gas tanks
shall be in the possession of the person authorized to use the
equipment.
(l) 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) 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.
N. MISCELLANEOUS SAFETY PROVISIONS; OPERATING
REQUIREMENTS; AND GENERAL PRACTICES.
Sections 279. Duties of Persons Subject to this Act; Rules
and Regulations of Operators.--It shall be the duty of the
operator, superintendent, mine foreman, assistant mine foreman,
mine examiners and other officials to comply with and to see
that others comply with provisions of this act.
It shall be the duty of all employes and checkweighmen to
comply with this act and to cooperate with management and the
department in carrying out the provisions hereof.
Reasonable rules and regulations of an operator for the
protection of employes and preservation of property that are in
harmony with the provisions of this act and other applicable
Act text part 3
laws shall be complied with.
Section 280. Reclassification from Non-Gassy to Gassy
Mine.--The operator of a non-gassy mine which becomes classified
as a gassy mine under the provisions of this act, shall
immediately comply with all the provisions of this act which
pertain to a gassy mine, except as provided for in Article III.,
section 329, subsection (c) of this act.
Section 281. Protective Clothing.--(a) Welders and helpers
shall use proper shields or goggles to protect their eyes. All
employes shall have approved goggles or eye shields and use same
where there is a hazard from flying particles, or other eye
hazards.
(b) Employes engaged in haulage operations and all other
persons employed around moving equipment on the surface and
underground shall wear snug-fitting clothing.
(c) 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) All persons shall wear protective hats while underground
and also while on the surface where falling objects may cause
injury.
(e) Protective footwear shall be worn by employes, officials
and others while on duty in and around a bituminous coal mine.
Section 282. Checking Systems.--Each bituminous coal mine
shall have a check-in and check-out system that will provide
positive identification upon the person of every individual
underground. An accurate record of the men in the mine, which
shall consist of a written record, a check board, or a time
clock record, shall be kept on the surface in a place that will
not be affected in the event of an emergency. Said record shall
bear a number or name identical to the identification check
carried by, or fastened to the belt of, all persons going
underground.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 282 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 283. No Act Permitted Endangering Security of Mine;
Search for Intoxicants, Matches, Etc.--(a) No miner, workman or
other person shall knowingly injure any shaft, lamp, instrument,
air course, or brattice, or obstruct or throw open airways, or
carry open lights in the places worked by safety lights, or
disturb any part of the machinery or appliances, open a door
closed for directing ventilation and not close it again, or
enter any part of a mine against caution. No unauthorized person
shall deface, pull down, or destroy any notice boards, mine
maps, or record books.
(b) Open lights, smoking, and smokers' articles including
matches, are prohibited in bituminous coal mines where electric
or safety lamps are used. No person shall at any time enter such
mines with or carry therein any matches, pipes, cigars,
cigarettes, or any device for making lights or fire not
authorized or approved. In all such mines the operator may
search, or cause to be searched, any person, including his
clothing and material belongings, entering or about to enter the
mine, or inside the mine, to prevent such person from taking or
carrying therein any of the above-mentioned articles.
(c) No person in any stage of intoxication shall enter into
or loiter about any mine, neither shall he have in his
possession any intoxicants while in or about the mine premises.
Section 284. Responsibility for Care and Maintenance of Face
Equipment.--Mine operators shall maintain face equipment in safe
operating condition. Equipment operators shall exercise
reasonable care in the operation of the equipment entrusted to
them, and shall promptly report defects known to them.
Section 285. Control of Dust and Other Inhalation Hazards.--
Men 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.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 285 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 286. Safeguards for Mechanical Equipment.--(a) The
cutting devices of mining machines shall be locked securely by
mechanical means or electrical interlocks while such machines
are parked or being trammed. Loading machines shall not be
trammed with loading arms in motion except when loading
materials.
(b) 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 person
lubricating or repairing it has given a clear signal. Guards
which have been removed shall be replaced before the machinery
is again put into use. Provisions shall be made to prevent
accumulations of spilled lubricants.
(c) Mechanically operated grinding wheels shall be equipped
with safety washers; 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 287. First Aid Equipment.--In every bituminous coal
mine where men are employed underground, and in every active
section thereof, it shall be the duty of the operator or
superintendent thereof, to keep always 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 event of injury to any employe.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 287 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 288. Minimum Fire Protection.--It shall be the
responsibility of the operator or superintendent to provide and
maintain minimum fire-fighting equipment. It shall also be the
responsibility of the operator or superintendent to have
sufficient trained personnel to operate the fire-fighting
equipment safely and effectively.
(a) For the purposes of this act, fires in and about
bituminous coal mines shall be classified as follows:
(1) Class A fires shall be all those not included within the
definitions of Class B or Class C fires, and shall include those
in solid combustible materials, such as coal, wood, rubber,
textiles, paper and rubbish.
(2) Class B fires shall be those in flammable liquids,
including lubricating oils, paint, varnish, grease and lacquer.
(3) Class C fires shall be those in live electrical
equipment, including oil-filled transformers, generators,
motors, switch panels, circuit breakers and insulated electrical
conductors.
(b) The following schedule of comparative efficiency ratings
of hand-type fire-fighting facilities shall be used in
determining compliance with the provisions of this act. Except
as provided hereinafter, the letter shall indicate the
acceptability of the facility according to fire classification,
and the number shall indicate the quantity of the facility which
shall be required in order to constitute an acceptable fire
extinguishing unit for the indicated classification:
Facility Size
Fire pail (water) 12 quart A-5
Pump tank (water) 2-1/2gallons A-1
Gas pressure (water) 2-1/2gallons A-1
Loaded steam 1 gallon A-2 B-4 C-4
Do 1-3/4gallons A-1 B-2 C-2
Do 2-1/2gallons A-1 B-1 C-1
Soda Acid 1-1/2gallons A-2
Do 2-1/2gallons A-1
Foam 1-1/2gallons A-2 B-2
Do 2-1/2gallons A-1 B-1
Liquid carbon dioxide 5 pounds B-2 C-2
Do 10 pounds B-2 C-1
Do 15 pounds B-1 C-1
Dry Chemical 4 pounds B-2 C-2
Do 10 pounds B-2 C-1
Do 15 pounds B-1 C-1
Carbon Tetrachloride 1 quart B-2 C-2
Do 2 quarts B-2 C-2
Do 1 gallon B-2 C-1
Do 2 gallons B-2 C-1
Sand Pails 12 quarts B-5
Rock Dust 80 pounds A-3 B-3 C-3
(c) (1) Fire-fighting facilities which are acceptable for
use only in Class A fires shall not be used in Class B or Class
C fires.
(2) Fire-fighting facilities which are acceptable for use in
both Class A and Class B fires shall not be used in Class C
fires.
(3) Fire-fighting facilities which are acceptable for use
only in Class B fires shall not be used in Class C fires but
may, in an emergency, be used in Class A fires.
(4) Fire-fighting facilities which are acceptable for use in
both Class B and Class C fires may, in an emergency, be used in
Class A fires.
(5) Loaded steam fire-fighting facilities shall not be used
in Class C fires when high voltage will be encountered.
(6) Carbon tetrachloride fire-fighting facilities shall not
be used where dangerous concentration of fumes and gases will
pass over workmen, nor shall they be used unless the operator of
the facilities is provided with approved respiratory equipment
or unless there is available a ready means of escape for the
operator.
(7) All chemical fire extinguishing facilities purchased
after the effective date of this act for use in and about
bituminous coal mines must be of a kind approved by the
Underwriters' Laboratories, Inc. or by Factory Mutual
Laboratories and must bear or carry an appropriate label
evidencing such approval. All chemical fire extinguishing units
must be examined every six months.
(d) Fire extinguishing facilities shall be maintained in
good operating condition.
(e) At every mine there shall be available for emergency use
the following materials: 5 tons of rock dust, 1,000 board feet
of brattice boards, 3 rolls of brattice cloth, 2 hand saws, 25
pounds 8 nails, 25 pounds 10 nails, 25 bags of wood fiber
plaster or 10 bags of cement.
(f) The following requirements shall apply to mines where
the underground production is in excess of three hundred tons
per shift. In all other mines, fire protection standards shall
be specified by the mine inspector in the district:
(1) Two Class C fire extinguishing units and two hundred
forty pounds of rock dust or dry sand shall be located within
six hundred feet of any point when any mining machine, loading
machine, or other self-propelled electrical equipment, except a
locomotive, is being operated, unless there is carried on each
such machine or item of equipment one Class C fire extinguishing
unit.
(2) Whenever practicable one Class C chemical fire
extinguishing unit shall be provided on each locomotive.
(3) One Class C fire extinguishing unit or two hundred forty
pounds of rock dust or dry sand, or one barrel of water and
three pails, shall be provided at each belt drive and tailpiece
and at intervals of three hundred feet along the belt, unless
such belt line is protected by a pipeline paralleling the belt,
containing water under pressure, and with outlet valves and
sufficient hose so that water will reach any point along the
belt line. For the purpose of determining compliance with this
provision, the joints of an articulator belt system shall not be
considered drives or tailpieces.
(4) One Class C fire extinguishing unit and two hundred
forty pounds of rock dust or dry sand shall be provided at each
electrical installation, including permanent pumping stations,
battery charging stations and substations, and in shops.
(5) Two Class B fire extinguishing units and two hundred
forty pounds of rock dust or dry sand shall be provided at each
underground oil storage station. At least two hundred forty
pounds of rock dust or dry sand shall be provided at each
working section where twenty-five or more gallons of oil are
stored.
(6) Unless water lines, equipped with outlet valves at
intervals of not more than five hundred feet and capable of
delivering fifty gallons of water per minute at a nozzle
pressure of fifty pounds per square inch, are installed along
main and secondary haulage roads and extend to the working
sections, and unless one thousand feet of fire hose with
fittings suitable for connection with such water lines are
available, two water tank cars, each having a capacity of at
least one thousand gallons and equipped with a high pressure
pump and not less than three hundred feet of fire hose with
nozzles, or two portable chemical cars containing or carrying
equivalent protection, shall be provided: Provided, That a high
pressure rock dusting machine fitted with at least two hundred
fifty feet of hose, with at least sixty, eighty pound sacks of
rock dust in good condition near it at all times, may be
substituted for one water tank car or chemical car. These
facilities shall be stationed at strategic locations and ready
for use at all times. Where two or more adjacent mines are
connected by track one of the two water tanks or chemical cars
required for each mine may be a common unit.
(7) One Class C extinguishing unit or two hundred forty
pounds of rock dust or dry sand shall be provided at each wooden
door through which power lines pass.
(8) Unless water is piped to the faces of working places at
such a pressure and volume that a hose will deliver at least
fifty gallons of water a minute at a nozzle pressure of fifty
pounds per square inch, one Class A fire extinguishing unit or
two hundred forty pounds of rock dust or dry sand, or a barrel
of water and three pails, shall be provided within six hundred
feet of each working face. One such fire prevention unit may
serve for more than one working face provided it is within the
six hundred foot limit.
(g) Fire control standards which are substantially equal to,
or superior to, although not the same as the standards set forth
in this act shall be considered in compliance.
Section 289. Stables in Mines.--It shall be unlawful to
provide a stable inside of any bituminous coal mine.
Section 290. Mine Openings or Outlets; Roadways, Hoisting
Equipment at Shaft Outlets; Sinking of Shafts; Limitation of
Section.--(a) It shall be unlawful for the operator,
superintendent or mine foreman of any mine to employ any person
to work therein, unless there are at least two openings or
outlets to the surface from every seam of coal actually being
worked, and available from every entry thereof, which openings
or outlets shall have distinct means of ingress and egress
available at all times for the use of the employes. The distance
between two shafts shall not be less than two hundred feet, and
the distance between the openings to the surface of slopes shall
not be less than one hundred fifty feet, and the distance
between drifts shall not be less than fifty feet: Provided, That
the distance between said openings shall apply only to mines
opened after the passage of this act: And provided further, That
the distances specified may be less with the written consent of
the mine inspector in the district. The passageways between said
two shafts shall at all times be maintained in safe and
available condition for the employes to travel therein, and the
pillars in entries between said shafts shall not be removed
without the consent of the mine inspector in the district, in
writing, to the superintendent.
(b) The foregoing requirements shall not apply to the
openings of a new mine, or to the openings of a new entry of a
mine, that is being worked for the purpose of making connection
between said two outlets, as long as not more than twenty
persons are employed at any one time in making the connection or
driving the second opening; nor shall said requirements apply to
any mine in which the second opening has been rendered
unavailable, by reason of the final robbing or removing of
pillars, as long as not more than twenty persons are employed
therein at any one time.
(c) Safe means of egress shall be available at all times for
the persons employed in any mine that has no second outlet
available.
(d) Every gassy mine shall have at least four main entries,
two of which shall lead from the main opening and two from the
second opening into the body of the mine: Provided, That every
new gassy mine, projected to open up a large acreage with main
entries five thousand feet or more in length shall have at least
five main entries, two of which shall lead from the main opening
and two from the second opening into the body of the mine and
the fifth which may be connected with an opening to the surface
or with the intake airway at or near the main intake opening
shall be used exclusively at a travelingway for the employes.
(e) Every non-gassy mine shall have at least two main
entries, one of which shall lead from the main opening and one
from the second opening into the body of the mine: Provided,
That in every new non-gassy mine projected to open up a large
acreage with main entries five thousand feet or more in length,
the operator shall either haul the employes into and out of the
mine at the beginning and end of each shift, or provide at least
three main entries, one of which shall lead from the main
opening and one from the second opening into the body of the
mine, and one, which may be connected with an opening to the
surface or with the intake airway at or near the main intake
opening, shall be used exclusively as a travelingway for the
employes.
(f) Should any mine opened as a non-gassy mine become a
gassy mine, and having less than five main entries that have
reached five thousand feet or more in length, and are to be
extended two thousand feet or more, the superintendent shall
have a new opening of ample dimensions made from the surface, if
the mine inspector in the district deems such additional opening
necessary for the proper ventilation of the mine or the safety
of the miners. The main entries and the travelingway shall be
extended from this opening to the face of the workings:
Provided, however, That should the mine inspector in the
district be of the opinion that any mine is in need of an
additional opening from the surface into the interior of the
mine for the proper ventilation thereof or the safety of those
employed therein, regardless of the number or length of main
openings of the mine, he shall so notify the secretary, who may
require the making of an additional opening.
(g) The intake and return entries shall be kept reasonably
drained and reasonably free from refuse and obstructions of all
kinds, so that persons may safely travel therein throughout
their whole length, and have a safe means of egress from
workings in case of emergency. Said entries shall be separated
by pillars of coal of sufficient strength.
When the main entry of a non-gassy mine or both main entries
of a gassy mine, used for intake air are also used for
mechanical haulage, a separate travelingway leading into the
body of the mine shall be provided for the use of the employes
in going to and from their work, or the employes shall be hauled
into and out of the mine at the beginning and end of each shift.
In all mines where the coal seam is less than three and one-half
feet in height, such travelingway shall be at least four and
one-half feet in height; in all mines where the coal seam is
four feet in height, such travelingway shall be at least five
feet in height; and the width shall not be less than six feet.
All such travelingways shall be reasonably drained, kept
reasonably free from refuse of all kinds, and free from smoke,
noxious gases, and electric wires, unless said wires are so
placed and protected as not to endanger life, and are kept in
safe condition.
(h) In every slope with workings on both sides, an overpass
or an underpass not less than five feet wide and five feet high
shall be provided as a passageway for the use of employes to
cross from one side of the slope to the other. Said overpass or
underpass shall connect with available passageways leading to
the workings on both sides of said 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
employes: Provided, however, That if it is impracticable to
drive an overpass or an underpass in the solid, and overpass or
an underpass, if substantially built with masonry or other
incombustible material, will be deemed sufficient.
(i) If the opening or outlet other than the main opening is
a shaft not more than one hundred feet in depth, and is used by
employes for the purpose of ingress to or egress from the mine,
it shall be kept available and in safe condition, free from
steam, 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 forty-five degrees,
with landings not less than twenty-four inches in width and four
feet in length, at easy and convenient distances. These
stairways shall be made safe by having hand rails of suitable
material placed on one side, or on both sides when requested by
the mine inspector in the district, and shall be inspected every
twenty-four hours by a competent person 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 persons while descending or ascending them.
(j) When a mine is operated by a shaft more than one hundred
feet in depth, the persons employed therein shall be lowered and
hoisted by means of machinery, unless the second opening is a
drift or a slope. When the employes 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 hereinbefore designated in this act, or with suitable
machinery for safely lowering and hoisting persons in case of an
emergency.
(k) At any mine where one of the openings hereinbefore
required is a slope, and is used as a means of ingress and
egress by the employes, and where the angle of descent of said
slope exceeds fifteen degrees, and its length from the mouth of
the opening exceeds one thousand feet, the employes shall be
lowered into and hoisted from the mine, at the beginning and end
of each shift, at a speed not to exceed six miles per hour; and
at every such mine where the angle of descent of said slope
averages from five to fifteen degrees, and where its length
exceeds three thousand feet, the employes shall be lowered into
and hoisted from the mine, at the beginning and end of each
shift, 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 his, their, or its
option, be exempt from the requirements of this section, if the
angle of said travelingway does not exceed twenty degrees.
(l) (1) The operator, superintendent, or contractor shall
erect over every shaft that is being sunk, or shall hereafter be
sunk, a safe and substantial structure to sustain sheaves or
pulleys, ropes and loads, at a height of not less than twenty
feet above the tipping place, and the top of such shaft and
landing platform shall be arranged in such a manner that no
material can fall into the shaft while the bucket is being
emptied. The said structure shall be erected as soon as
substantial foundation is obtained. The requirements listed
herein may be waived by the department in proper cases.
(2) If provisions are made to land the bucket on a truck,
the said truck and platform shall be so constructed that
material cannot fall into the shaft.
(3) Men or materials shall not be raised or lowered in
shafts that are being sunk, except in a bucket or on a cage, and
said bucket or cage must be connected with the rope by a safety
hook, clevis or other safe attachment. The rope shall be
fastened to the side of the drum, and not less than three coils
of rope shall always remain on the drum.
(4) It shall be the duty of the person in charge of shaft
sinking for the contractor or operator or superintendent to see
that the sides of all shafts are properly secured for safety,
and that no loose rock or material is allowed to remain on any
timber on top, or on any timber in the shaft after each blast.
The person in charge shall see that the shaft is examined for
explosive gas and other dangers before each shift, and before
the men descend after each blast, and also that the place is
safe. In sinking shafts all blasts must be exploded by electric
battery or by an ungrounded source of electrical energy.
Provisions must also be made for the proper ventilation of
shafts while being sunk, and in all sinking shafts and in all
shafts that are being repaired, safety belts shall be provided
by the operator or contractor and used by all persons working
above the floor of the shaft, unless a substantial scaffold is
erected that effectively closes the shaft opening immediately
below the point where work is being done.
(5) An efficient brake shall be attached to every drum of an
engine used for sinking shafts, and all machinery, ropes, and
chains connected therewith shall be examined once every twelve
hours.
(6) Not more than four persons shall be lowered or hoisted
in a bucket in any shaft at one time, and no person shall ride
on a loaded bucket.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 290 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 291. Mining Close to Abandoned Workings.--The
superintendent shall not permit the mining of coal within fifty
feet of an abandoned mine or any abandoned portion of any mine
containing a dangerous accumulation of water, until said danger
has been removed by driving a passageway to tap and drain off
said water, as provided in this act. The superintendent shall
not permit the mining of coal in any seam the entire distance to
a property boundary line, not including boundaries around
reservations or along crop lines, when, on the adjoining
property there are mine workings in said seam within three
thousand feet of said boundary line, but shall leave a barrier
pillar, from the operation to the property boundary line, 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 one hundred feet or part of one
hundred feet of cover over the bed at the boundary line; and,
where the coal on one side of the property boundary line shall
have been mined prior to the effective date of this act closer
to the property boundary line than hereinbefore permitted, then
the barrier pillar to be left in the mine approaching the
boundary line shall be at least equal, when added to that
already left in the adjoining mine, to that hereinbefore
required on both sides of said property boundary line: Provided,
That if, in the opinion of the mine inspector in the district or
the superintendent of either mining property, the barrier
pillar, as hereinbefore required, is deemed insufficient, then
after due notice to the operator or operators of the mining
property adjoining a barrier pillar of unmined coal, one-half of
which shall be on each side of the property boundary line,
except as provided above in this section, shall be left, of such
thickness as in the judgment of the mine inspector in the
district and of the superintendent or owner of either mining
property is deemed necessary to afford safety and protection:
And provided further, That if it shall be agreed by the mine
inspector in the district and superintendents of such adjoining
coal mining properties that such property boundary line is so
located that there is no danger to property or lives in mining
coal in either or both sides of the property boundary line up to
said property boundary line, then in such cases mining to the
property boundary line 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. If any of the
parties in interest fails to agree on the carrying out of any of
the provisions of this section, any one of said parties may
appeal to the secretary who shall determine the matter.
Section 292. Lubrication and Storage of Flammable
Lubricants.--The oiling or greasing of any cars inside of any
mine is strictly prohibited, unless the place where said oil or
grease is used is throughly cleaned at least once every 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,
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 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 therefrom.
Section 293. Approved Lighting Devices in Gassy Mines.--(a)
It shall be unlawful to use open lights in gassy mines and only
approved electric cap lamps, approved flash lights, approved
safety lamps and other approved lighting equipment shall be used
in such gassy mines.
(b) All approved safety lamps used for examining mines shall
be in the care of the mine foreman or some other competent
person or persons appointed by the mine foreman, whose duty it
shall be to clean, fill, trim, examine, light, test and deliver
them locked and in a safe condition to the men when entering the
mine, and to receive the lamps from the men when returning from
work.
(c) At any mine wherein explosive gas has been liberated
before or after the passage of this act in sufficient quantities
to be detected by an approved safety lamp, a sufficient number
of approved safety lamps shall be kept in good condition for use
in case of emergency.
(d) No approved safety lamp shall be entrusted to any person
for use in a mine until said person has given satisfactory
evidence to the mine foreman that he understands the proper use
thereof and the danger of tampering with the same.
(e) It shall be the duty of every person who knows that his
approved lamp is injured or defective to return it immediately
to a certified official.
(f) Persons whose regular duties require them to inspect
working places in a non-gassy mine for dangers shall have in
their possession, and shall use, when underground, an approved
safety lamp.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 293 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 294. Unauthorized Entering of Mine a Misdemeanor.--
Any person who enters a mine without authorization from the
superintendent thereof shall be guilty of a misdemeanor and upon
conviction thereof shall be sentended to pay a fine not
exceeding five hundred dollars ($500) or to undergo imprisonment
not to exceed one year, or both: Provided, however, That this
section shall not be applicable to any person who enters a mine
in the performance of any duty imposed upon him by this act.
Section 295. Passing by or Removing Danger Signals.--No
employe or other persons shall, except those specifically
authorized in this act, pass by any danger signal into any mine,
or into any portion of any mine, or remove such danger signal
before the mine or portion thereof has been examined and
reported to be safe. Nor shall any employe or any other person
pass by any danger signal placed at the entrance to a working
place, or any other place in the mine, or remove such danger
signal without permission from the mine foreman, the assistant
mine foreman, or the mine examiner.
Section 296. Miners to Remain in Working Places.--Each miner
shall remain during working hours in the working place assigned
to him by the mine foreman or the assistant mine foreman, and
shall not leave his working place for another working place
without the permission of the mine foreman, assistant mine
foreman or mine examiner, and he shall not wander about the
hauling roads or enter abandoned or idle workings.
Section 297. Openings Abandoned After the Effective Date of
this Act.--(a) Every shaft permanently abandoned after the
effective date of this act shall be filled for its entire depth.
The fill from the bottom of the coal seam to a height of fifty
feet shall be incombustible material.
(b) Every slope, drift, or tunnel permanently abandoned
after the effective date of this act, shall be filled for a
distance of twenty-five feet with incombustible material.
(c) All drillholes and boreholes, permanently abandoned
after the effective date of this act, shall be effectively
plugged or sealed.
(d) Every shaft, slope, drift, or tunnel, temporarily
abandoned after the effective date of this act, which may be
used for future mining purposes, shall be properly sealed or
fenced.
Section 298. Opening for Drainage on Other Lands.--(a) If
any person, firm or corporation is or shall hereafter be seized
in his or their own right of coal lands, or shall hold such
lands under lease, and shall have opened or shall desire to open
a coal mine on said land, and it shall not be practicable to
drain or ventilate such mines or to comply with the requirements
of this act as to ways of ingress and egress or travelingways,
by means of openings on lands owned or held under lease by him,
them, or it, and the same can be done by means of openings on
adjacent lands, he, they or it may apply by petition to the
court of quarter sessions of the proper county, after ten days'
notice to the owner or owners, their agents or attorneys setting
forth the facts under oath or affirmation, particularly
describing the place or places where such opening or openings
can be made, and the pillars of coal or other material necessary
for the support of such passageway and the right of way
necessary to any public road as may be needed in connection with
such opening, and that he or they cannot agree with the owner or
owners of the land as to the amount to be paid for the privilege
of making such opening or openings; whereupon the said court
shall appoint three disinterested and competent citizens of the
county, to view the ground designated and lay out, from the
point or points mentioned in such petition, a passage or
passages not more than eighty feet in area, by either drift,
shaft, or slope, or by a combination of any of said methods, by
any practicable and convenient route, to the coal of such
person, firm or corporation, preferring in all cases an opening
through the coal strata where the same is practicable. The said
viewers shall at the same time assess the damages to be paid by
the petitioner or petitioners to the owner or owners of such
lands, for the coal or other valuable material necessary to
support the said passage, as well as for a right of way not
exceeding fifteen feet in width, from any such opening to any
public road, to enable persons to gain entrance to the mine
through such opening, or to provide therefrom upon the surface a
watercourse of suitable dimensions to a natural water stream, to
enable the operator to discharge the water from said mine, if
such right of way shall be desired by the petition or
petitioners, which damages shall be fully paid before such
opening is made. The proceedings shall be recorded in the road
docket of the proper county, and the pay of the viewers shall be
the same as in road cases. If exceptions be filed, they shall be
disposed of by the court as speedily as possible, and both
parties shall have the right to take depositions as in road
cases. If, however, the petitioner desires to make such openings
or roads or waterways before the final disposition of such
exceptions, he shall have the right to do so by giving bond, to
be approved by the court, securing the damages as provided by
law in the case of lateral railroads.
(b) It shall be compulsory upon the part of the mine owner
or operator to exercise the powers granted by the provisions of
the last preceding subsection, for the procuring of a right of
way on the surface from the opening of a coal mine to a public
road or public roads, upon the request in writing of fifty
miners employed in the mine or mines of such owner or operator:
Provided, however, That with such request satisfactory security
be deposited with the mine owner or operator by said
petitioners, said petitioners being coal miners, to fully and
sufficiently pay all costs, damages, and expenses caused by such
proceedings and in paying for such right of way.
(c) In any mine or mines, or portions thereof, wherein water
may have been allowed to accumulate in large and dangerous
quantities, putting in danger the adjoining or adjacent mines
and the lives of the miners working therein, and when such can
be tapped and set free and flow by its own gravity to any point
of drainage, it shall be lawful for any operator or person
having mines so endangered, with the approval of the mine
inspector in the district, to proceed to remove the said danger
by driving a drift, or drifts, protected by boreholes, as
provided for by this act, and in removing said danger it shall
be lawful to drive across property lines if needful.
It shall also be unlawful for any person to dam, or in any
way obstruct, the flow of any stream from said mine or portions
thereof, when so set free, on any part of its passage to point
of drainage.
(d) From and after the passage of this act, it shall be
lawful for any person or persons, company or companies, now or
hereafter to be incorporated in this Commonwealth, to drive
headings and construct entryways, tramways, and mine tracks,
with one or more tracks, under the surface, partly under and
partly over the surface, through or over any intervening lands,
not exceeding one mile in length, to or from any coal, and
connect the same with any entryways, headings, tramways, or
railroads, belonging to any individual or individuals, company
or companies, now or hereafter to be incorporated in this
Commonwealth, and also with any highway or public improvement:
Provided, That the parties interested shall be subject to the
same proceedings required in subsection (a) of this section: And
provided, further, That no such entryway, heading, tramway, mine
track, or railroad, shall be constructed through or over such
intervening lands where the same would injure or interfere with
the existing mining operations of any other person or company,
or where the same would endanger the safety of the employes
therein.
Section 299. Ladders in and about Mines.--Permanently
installed ladders in and about bituminous coal mines that are
more than ten feet in length and that are set on an angle of
sixty degrees or more with the horizontal, shall be provided
with substantial backguards and all ladders shall be maintained
in good repair. Backguards need not be provided on the river
side of river cells.
Section 299.1. Employment of Persons Under Eighteen Years of
Age.--(a) No person under the age of eighteen years shall be
employed or permitted to be inside any bituminous coal mine for
the purpose of employment therein, or be employed or permitted
to be in or about the outside structures or workings of a
bituminous coal mine for the purpose of employment.
(b) This prohibition shall not affect the employment of a
person, of suitable age, in an office or in the performance of
clerical work, at a bituminous coal mine.
(299.1 amended Apr. 12, 1978, P.L.31, No.15)
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 299.1 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 299.2. Inside Structures to Be of Incombustible
Materials.--All buildings or structures in any bituminous coal
mine shall be constructed of incombustible materials.
O. SURFACE STRUCTURES AND PRACTICES.
Section 299.3. Tipple and Cleaning Plant.--(a) In dusty
locations, electric motors, switches and controls shall be of
dust-tight construction, or enclosed with reasonably dust-tight
housings or enclosures. Open-type motors, switches or controls
in use at the effective date of this act in tipples and cleaning
plants in dusty locations may be continued in use until such
dust-tight equipment can be procured, or until they can be
provided with reasonably dust-tight housings or enclosures.
(b) Structures shall be kept free of excessive coal dust
accumulations.
(c) Where coal is dumped at or near air intake openings,
reasonable provisions shall be made to prevent dust from
entering the mine.
(d) Where repairs are being made to the plant, proper
scaffolding and proper overhead protection shall be provided for
workmen wherever necessary.
(e) Welding shall not be done in dusty atmospheres and dusty
locations shall be well cleaned, and fire-fighting apparatus
shall be available at the location during welding.
(f) Stairways, elevated platforms and runways shall be
equipped with handrails, and, when required to be used at night,
shall be illuminated. Railroad car trimmer platforms are
excepted from such handrail requirement. Elevated platforms, and
floor openings, shall be provided with toe-boards, and they
shall be kept clear of refuse and ice and maintained in good
repair.
Section 299.4. Housekeeping.--Good housekeeping shall be
practiced in and around mine buildings and yards. Such practices
include cleanliness, orderly storage of materials and the
removal of possible sources of injury, such as stumbling
hazards, protruding nails and broken glass.
Section 299.5. Storage of Flammable Liquids in Lamp House.--
Naphtha or other flammable liquids in lamp houses shall be kept
in a suitable approved container or dispenser not to exceed ten
gallon capacity.
Section 299.6. Smoking in and around Surface Structures.--
Smoking in or about surface structures shall be restricted to
places where it will not cause fire or an explosion.
Section 299.7. Washhouses.--When the clothing or wearing
apparel of the employes in any bituminous coal mine becomes wet,
by reason of working in wet places therein, it shall be the duty
of the operator or superintendent of said mine, at the request
in writing of the mine inspector in the district, who shall make
such request upon the petition of any ten employes working in
the aforesaid wet places, to provide a suitable building,
convenient to the principal entrance of such mine, for the use
of the persons employed in wet places therein, for the purpose
of washing themselves and changing their clothes when entering
the mine and returning therefrom. The said buildings shall be
maintained in good order and be properly lighted and heated, and
shall be provided with hot and cold running water and facilities
for such persons to wash, and the cost of providing and
maintaining such conveniences and facilities shall be defrayed
by the owner or operator of said mine. Any operator,
superintendent, or mine inspector who shall neglect or fail to
comply with the provisions of this section, or any person who
shall maliciously injure or destroy, or cause to be injured or
destroyed, the said building, or any part thereof, or any of the
appliances or fittings used therein, or do any act tending to
the injury or destruction thereof, shall be deemed guilty of a
misdemeanor. At any bituminous coal mine opened after the
passage of this act at which twenty-five or more persons are
employed a washhouse as hereinbefore described is to be
provided.
ARTICLE II-A.
DIESEL-POWERED EQUIPMENT
(Art. added Dec. 19, 1996, P.L.1414, No.182)
Section 201-A. Underground Use.--(a) Underground use of
inby and outby diesel-powered equipment, including mobile
equipment, stationary equipment and equipment of all horsepower
ratings, may only be approved, operated and maintained as
provided in this article, except for emergency fire-fighting
equipment to be used specifically for that purpose.
(b) All diesel-powered equipment shall be attended while in
operation with the engine running in underground mines. For
purposes of this subsection, "attended" shall mean an equipment
operator is within sight or sound of the diesel-powered
equipment.
(c) Inby and outby diesel-powered equipment may be used in
underground mines if the inby or outby diesel-powered equipment
uses an engine approved or certified by MSHA, as applicable, for
inby or outby use that, when tested at the maximum fuel-air
ratio, does not require an MSHA approval plate ventilation rate
exceeding 150 c.f.m. per rated horsepower.
(201-A added Dec. 19, 1996, P.L.1414, No.182)
Section 202-A. Diesel-Powered Equipment Package.--(a) All
diesel-powered equipment shall be approved by the department as
a complete diesel-powered equipment package which shall be
subject to all of the requirements, standards and procedures set
forth in this article.
(b) Diesel engines shall be certified or approved, as
applicable, by MSHA and maintained in accordance with MSHA
certification or approval and department approval.
(202-A added Dec. 19, 1996, P.L.1414, No.182)
Section 203-A. Exhaust Emissions Control.--(a) (1)
Underground diesel-powered equipment shall include an exhaust
emissions control and conditioning system that has been
laboratory tested with the diesel engine, except as provided in
paragraph (3), using the ISO 8178-1 test and has resulted in
diesel particulate matter emissions that do not exceed an
average concentration of 0.12 mg over m to the third power when
diluted by fifty per cent of the MSHA approval plate ventilation
rate for that diesel engine.
(2) The exhaust emissions control and conditioning system
shall be required to successfully complete a single series of
laboratory tests conducted at a laboratory accepted by the
secretary for each diesel engine, except as provided in
paragraph (3).
(3) An exhaust emissions control and conditioning system may
be approved for multiple diesel engine applications through a
single series of laboratory tests, known as the ISO 8178-1 test,
only if data is provided to the advisory committee that reliably
verifies that the exhaust emissions control and conditioning
system will meet, for each diesel engine, the in-laboratory
diesel particulate matter standard established by this
subsection. Data provided to satisfy this provision shall
include diesel particulate matter production rates for the
specified engine as measured during the ISO 8178-1 test, if
available. If ISO 8178-1 test data for diesel particulate matter
production is not available for a specified engine, comparable
data may be provided to the advisory committee that reliably
verifies that the exhaust emissions control and conditioning
system will meet, for the specified diesel engine, the in-
laboratory diesel particulate matter standard established by
this subsection. This standard shall only be used for in-
laboratory testing for approval of diesel-powered equipment for
use underground.
(b) The exhaust emissions control and conditioning system
shall include the following:
(1) A diesel particulate matter (DPM) filter capable of an
average of ninety-five per cent or greater reduction of DPM
emissions.
(2) An oxidation catalyst or other gaseous emissions control
device capable of reducing undiluted carbon monoxide emissions
to 100 ppm or less under all conditions of operation at normal
engine operating temperature range.
(3) An engine surface temperature control capable of
maintaining significant external surface temperatures below
three hundred two degrees Fahrenheit.
(4) A heat exchanger capable of reducing the exhaust gas
temperature below three hundred two degrees Fahrenheit.
(5) An automatic engine shutdown system that will shut off
the engine before the exhaust gas temperature reaches three
hundred two degrees Fahrenheit and, if waterjacketed components
are used, before the engine coolant temperature reaches two
hundred twelve degrees Fahrenheit. A warning shall be provided
to alert the equipment operator prior to engine shutdown.
(6) A spark arrestor system.
(7) A flame arrestor system.
(8) A sampling port for measurement of undiluted and
untreated exhaust gases as they leave the engine.
(9) A sampling port for measurement of treated undiluted
exhaust gases before they enter the mine atmosphere.
(10) For inby diesel equipment, any additional requirements
of MSHA regulations at 30 CFR Pt. 36 (relating to mobile diesel-
powered transportation equipment for gassy noncoal mines and
tunnels).
(c) On-board engine performance and maintenance diagnostics
systems shall be capable of continuously monitoring and giving
readouts for paragraphs (1), (2), (3), (4), (5), (6), (7) and
(8) of this subsection. The diagnostics system shall identify
levels that exceed the engine and/or component manufacturer's
recommendation or the applicable MSHA or bureau requirements as
to the following:
(1) Engine speed.
(2) Operating hour meter.
(3) Total intake restriction.
(4) Total exhaust back pressure.
(5) Cooled exhaust gas temperature.
(6) Coolant temperature.
(7) Engine oil pressure.
(8) Engine oil temperature.
(d) The DPEP shall include a quality control plan for
assuring that the diesel fuel used shall be a low volatile
hydrocarbon fuel classified as ASTM D975 fuel with a cetane
index of at least 45, a maximum aromatic content of thirty-five
per cent, a sulfur mass of less than five hundredths of one per
cent and a flash point of one hundred degrees Fahrenheit or
greater at standard temperature and pressure.
(203-A added Dec. 19. 1996, P.L.1414, No.182)
Section 204-A. Ventilation.--(a) Minimum quantities of
ventilating air where diesel-powered equipment is operated shall
be maintained pursuant to this section.
(b) Each specific model of diesel-powered equipment shall be
approved by the department before it is taken underground. The
department shall require an approval plate that must be attached
to each piece of the diesel-powered equipment. The approval
plate shall specify the minimum ventilating air quantity for the
specific piece of diesel-powered equipment. The minimum
ventilating air quantity shall be determined by the bureau based
on the amount of air necessary at all times to maintain the
exhaust emissions at levels not exceeding the exposure limits
established in section 219-A.
(c) The minimum quantities of air in any split where any
individual unit of diesel-powered equipment is being operated
shall be at least that specified on the approval plate for that
equipment. Air quantity measurements to determine compliance
with this requirement shall be made at the individual unit of
diesel-powered equipment.
(d) Where multiple units are operated, the minimum quantity
shall be at least one hundred per cent of the highest approval
plate air quantity plus seventy-five per cent of the next
highest quantity plus fifty per cent of the approval plate
quantity of each additional unit operating in that split. Air
quantity measurements to determine compliance with this
requirement shall be made at the most downwind unit of diesel-
powered equipment that is being operated in that air split.
(e) The minimum quantities of air in any split where any
diesel-powered equipment is operated shall be in accordance with
the minimum air quantities required in subsections (a) and (b)
and shall be specified in the mine diesel ventilation plan.
(204-A added Dec. 19, 1996, P.L.1414, No.182)
Section 205-A. Fuel Storage Facilities.--(a) A mobile
underground diesel fuel storage facility shall be any facility
designed and constructed to provide for the temporary storage of
diesel fuel transportation units or the dispensing of diesel
fuel.
(b) Diesel-powered equipment shall be used underground only
with low volatile hydrocarbon fuel classified as ASTM D975
diesel fuel with a cetane index of at least 45, a maximum
aromatic content of thirty-five per cent, a sulfur mass of less
than five hundredths of one per cent and a flash point of one
hundred degrees Fahrenheit or greater at standard temperature
and pressure.
(c) Underground diesel fuel storage facilities shall meet
the following general requirements:
(1) Fixed underground diesel fuel storage facilities are
prohibited.
(2) No more than five hundred gallons of diesel fuel shall
be stored in each mobile underground diesel fuel storage
facility.
(d) Mobile underground diesel fuel storage facilities shall
be located as follows:
(1) at least one hundred feet from shafts, slopes, shops and
explosives magazines;
(2) at least twenty-five feet from trolley wires, haulage
ways, power cables and electric equipment not necessary for the
operation of the storage facilities; and
(3) in an area that is as dry as practicable.
(e) (1) Mobile underground diesel fuel storage facilities
shall meet the construction requirements and safety precautions
enumerated in this subsection.
(2) Mobile underground diesel fuel storage facilities shall
meet all of the following:
(i) Be constructed of noncombustible materials and provided
with a means for automatic enclosure.
(ii) Be ventilated directly into the return air course using
noncombustible materials.
(iii) Be equipped with an automatic fire suppression system
complying with section 209-A.
(iv) Be equipped with at least two portable twenty-pound
multipurpose dry-chemical type fire extinguishers.
(v) Be marked with conspicuous signs designating combustible
liquid storage.
(vi) Be included in the pre-shift examination.
(3) Welding or cutting other than that performed in
accordance with paragraph (4) shall not be done within fifty
feet of a diesel fuel storage facility.
(4) When it is necessary to weld, cut or solder pipelines,
cylinders, tanks or containers that may have contained diesel
fuel, the following requirements shall apply:
(i) Cutting or welding shall not be performed on or within
containers or tanks that have contained combustible or flammable
materials until such containers or tanks have been thoroughly
purged and cleaned or inerted and a vent or opening is provided
to allow for sufficient release of any buildup pressure before
heat is applied.
(ii) Diesel fuel shall not be allowed to enter pipelines or
containers that have been welded, soldered, brazed or cut until
the metal has cooled to ambient temperature.
(205-A added Dec. 19, 1996, P.L.1414, No.182)
Section 206-A. Transfer of Diesel Fuel.--(a) Diesel fuel
shall be transferred as provided in this section.
(b) When diesel fuel is transferred by means of a pump and a
hose equipped with a nozzle containing a self-closing valve, a
powered pump may be used only if:
(1) the hose is equipped with a nozzle containing a self-
closing valve without a latch-open device; and
(2) the pump is equipped with an accessible emergency
shutoff switch.
(c) Diesel fuel shall not be transferred using compressed
gas.
(d) Diesel fuel shall not be transferred to the fuel tank of
diesel-powered equipment while the equipment's engine is
running.
(e) Diesel fuel piping systems shall be designed and
operated as dry systems.
(f) All piping, valves and fittings shall meet the
following:
(1) Be capable of withstanding working pressures and
stresses.
(2) Be capable of withstanding four times the static
pressures.
(3) Be compatible with diesel fuel.
(4) Be maintained in a manner that prevents leakage.
(g) Vertical pipelines shall have manual shutoff valves
installed at the surface filling point and at the underground
discharge point.
(h) Unburied diesel fuel pipelines shall not exceed three
hundred feet in length and shall have shutoff valves located at
each end of the unburied pipeline.
(i) Horizontal pipelines shall not be used to distribute
fuel throughout the mine.
(j) Diesel fuel piping systems shall be used only to
transport fuel from the surface directly to a single underground
diesel fuel transfer point.
(k) When boreholes are used, the diesel fuel piping system
shall not be located in a borehole with electric power cables.
(l) Diesel fuel pipelines located in any shaft shall be
included as part of the required examination of the shaft.
(m) Diesel fuel piping systems located in entries shall not
be located on the same side of the entry as electric cables or
power lines.
(n) Diesel fuel pipelines shall not be located in any
trolley-haulage entry, except that they may cross the entry
perpendicular if buried or otherwise protected from damage and
sealed.
(o) Diesel fuel piping systems shall be protected to prevent
physical damage.
(206-A added Dec. 19, 1996, P.L.1414, No.182)
Section 207-A. Containers.--(a) Containers for the
transport of diesel fuel shall meet the requirements of this
section.
(b) Diesel fuel shall be transported only in containers
specifically designed for the transport of diesel fuel.
(c) No more than one safety can, conspicuously marked, shall
be transported on a vehicle at any time.
(d) Containers other than safety cans used to transport
diesel fuel shall be provided with the following:
(1) Devices for venting.
(2) Self-closing caps.
(3) Vent pipes at least as large as the fill or withdrawal
connection, whichever is larger, but not less than one and one-
fourth inch nominal inside diameter.
(4) Liquid-tight connections for all container openings that
are identified by conspicuous markings and closed when not in
use.
(5) Shutoff valves located within one inch of the tank shell
on each connection through which liquid can normally flow.
(e) When tanks are provided with openings for manual
gauging, liquid-tight caps or covers shall be provided and shall
be kept closed when not open for gauging.
(f) Containers used for the transport of diesel fuel shall
not exceed a capacity of five hundred gallons.
(g) Containers, other than safety cans, used for the
transport of diesel fuel shall be permanently fixed to the
transportation unit.
(h) Diesel fuel transportation units shall be transported
individually and not with any other cars, except that two diesel
fuel transportation units up to a maximum of five hundred
gallons each may be transported together.
(i) Diesel fuel shall not be transported on conveyor belts.
(j) When transporting diesel fuel in containers other than
safety cans, a fire extinguisher shall be provided on each end
of the transportation unit. The fire extinguishers shall be
multipurpose type dry-chemical fire extinguishers containing a
nominal weight of twenty pounds.
(k) Diesel fuel transportation units shall have a fire
suppression system that meets the requirements of section 208-A.
(l) In mines where trolley wire is used, diesel fuel
transportation units shall be provided with insulating material
to protect the units from energized trolley wire, and the
distance between the diesel fuel transportation unit and the
trolley wire shall not be less than twelve inches, or the
trolley wire shall be de-energized when diesel fuel
transportation units are transported through the area.
(m) Unattended diesel fuel transportation units shall be
parked only in mobile underground diesel fuel storage
facilities.
(n) Safety cans shall be used for emergency fueling only.
(o) Safety cans shall be clearly marked, have a maximum
capacity of five gallons and be constructed of metal and
equipped with a nozzle and self-closing valves.
(207-A added Dec. 19, 1996, P.L.1414, No.182)
Section 208-A. Fire Suppression for Equipment and
Transportation.--(a) Fire suppression systems for diesel-
powered equipment and fuel transportation units shall meet the
requirements of this section.
(b) The system must be an automatic multipurpose dry-powder
type fire suppression system suitable for the intended
application and listed or approved by a nationally recognized
independent testing laboratory. Installation requirements are as
follows:
(1) The system shall be installed in accordance with the
manufacturer's specifications and the limitations of the listing
or approval.
(2) The system shall be installed in a protected location or
guarded to minimize physical damage from routine operations.
(3) Suppressant agent distribution tubing or piping of the
system shall be secured and protected against damage, including
pinching, crimping, stretching, abrasion and corrosion.
(4) Discharge nozzles of the system shall be positioned and
aimed for maximum fire suppression effectiveness in the
protected areas. Nozzles shall also be protected against the
entrance of foreign materials such as mud, coal dust or rock
dust that could prevent proper discharge of suppressant agent.
(c) The fire suppression system shall provide automatic fire
detection and suppression for all of the following:
(1) The engine, transmission, hydraulic pumps and tanks,
fuel tanks, exposed brake units, air compressors and battery
areas, as applicable, on all diesel-powered equipment.
(2) Fuel containers and electric panels or controls used
during fuel transfer operations on fuel transportation units.
(d) The fire suppression system shall include a system fault
and fire alarm annunciator that can be seen and heard by the
equipment operator.
(e) The fire suppression system shall provide for automatic
engine shutdown. Engine shutdown and discharge of suppressant
agent may be delayed for a maximum of fifteen seconds after the
fire alarm annunciator alerts the operator.
(f) At least two manual actuators shall be provided with at
least one manual actuator at each end of the equipment. If the
equipment is provided with an operator's compartment, one of the
mechanical actuators shall be located in the compartment within
easy reach of the operator. For stationary equipment, the two
manual actuators shall be located with at least one actuator on
the stationary equipment and at least one actuator a safe
distance away from the equipment and in intake air.
(208-A added Dec. 19, 1996, P.L.1414, No.182)
Section 209-A. Fire Suppression for Storage Areas.--(a)
Fire suppression systems for diesel fuel storage areas shall
meet the requirements of this section.
(b) The system shall be an automatic multipurpose dry-powder
type fire suppression system or other system of equal
capability, suitable for the intended application and listed or
approved by a nationally recognized independent testing
laboratory. The system shall meet the following installation
requirements:
(1) The system shall be installed in accordance with the
manufacturer's specifications and the limitations of the listing
or approval.
(2) The system shall be installed in a protected location or
guarded to minimize physical damage from routine operations.
(3) Suppressant agent distribution tubing or piping of the
system shall be secured and protected against damage, including
pinching, crimping, stretching, abrasion and corrosion.
(4) Discharge nozzles of the system shall be positioned and
aimed for maximum fire suppression effectiveness in the
protected areas. Nozzles must also be protected against the
entrance of foreign materials such as mud, coal dust and rock
dust that could prevent proper discharge of suppressant agent.
(c) The fire suppressant system shall provide automatic fire
detection and suppression for the fuel storage tanks,
containers, safety cans, pumps, electrical panels and control
equipment in fuel storage areas.
(d) Audible and visual alarms to warn of fire or system
faults shall be provided at the protected area and at a surface
location that is always staffed when persons are underground. A
means shall also be provided for warning all endangered persons
in the event of fire.
(e) Fire suppression systems shall include two manual
actuators with at least one located within the fuel storage
facility and at least one located a safe distance away from the
storage facility and in intake air.
(f) The fire suppression system shall remain operative in
the event of electrical system failure.
(g) If electrically operated, the detection and actuation
circuits shall be monitored and provided with status indicators
showing power and circuit continuity. If not electrically
operated, a means shall be provided to indicate the functional
readiness status of the system.
(h) Fire suppression devices shall be visually inspected at
least once each week by a person qualified to make such
inspection.
(i) Each fire suppression device shall be tested and
maintained.
(j) A record shall be maintained of the inspection required
by this subsection. The record of the weekly inspections shall
be maintained at an appropriate location for each fire
suppression device.
(k) All miners normally assigned to the active workings of a
mine shall be instructed about any hazards inherent to the
operation of all fire suppression devices installed and, where
appropriate, the safeguards available for each device.
(209-A added Dec. 19, 1996, P.L.1414, No.182)
Section 210-A. Use of Certain Starting Aids Prohibited.--The
use of volatile or chemical starting aids is prohibited.
(Section 210-A added Dec. 19, 1996, P.L.1414, No.182)
Section 211-A. Fueling.--(a) Fueling of diesel-powered
equipment shall not be conducted in the intake escapeway unless
the mine design and entry configuration make it necessary. In
those cases where fueling in the intake escapeway is necessary,
the mine operator shall submit a plan for approval to the
department outlining the special safety precautions that will be
taken to insure the protection of miners. Such plan shall
specify a fixed location where fueling will be conducted in the
intake escapeway and all other safety precautions that will be
taken, which shall include an examination of the area for
spillage or fire by a qualified person.
(b) Diesel fuel and other combustible materials shall be
cleaned up and not be permitted to accumulate anywhere in an
underground mine or on diesel-powered or electric equipment
located therein.
(c) At least one person specially trained in the cleanup and
disposal of diesel fuel spills shall be on duty at the mine when
diesel-powered equipment or mobile fuel transportation equipment
is being used or when any fueling of diesel-powered equipment is
being conducted.
(211-A added Dec. 19, 1996, P.L.1414, No.182)
Section 212-A. Fire and Safety Training.--(a) All
underground employes at the mine shall receive special
instruction related to fighting fires involving diesel fuel.
This training may be included in annual refresher training under
MSHA regulations at 30 CFR Pt. 48 (relating to training and
retraining of miners) or included in the fire drills required
under MSHA regulations at 30 CFR § 75.1101-23 (relating to
program of instruction; location and use of fire fighting
equipment; location of escapeways, exits and routes of travel;
evacuation procedures; fire drills).
(b) All miners shall be trained in precautions for safe and
healthful handling and disposal of diesel-powered equipment
filters. All used intake air filters, exhaust diesel particulate
matter filters and engine oil filters shall be placed in their
original containers or other suitable enclosed containers and
removed from the underground mine to the surface. Arrangements
will be made for safe handling and disposal of these filters
within a timely manner after they have reached the surface.
(212-A added Dec. 19, 1996, P.L.1414, No.182)
Section 213-A. Maintenance.--(a) Diesel-powered equipment
shall be maintained in an approved and safe condition as
described in this article or removed from service. Failure of
the mine operator to comply with the maintenance requirements of
this subsection may result in revocation of the department's
approval of the complete diesel-powered equipment package,
provided appropriate notification has been given to the mine
operator and the procedures of this section have been taken.
Upon receiving such notice, the mine operator shall have thirty
days to submit a plan to achieve and maintain compliance. Such
plan shall be evaluated by the department, and, upon approval,
the mine operator shall implement the plan. The department shall
monitor the mine operator's compliance. If the department then
determines that the mine operator is unable or unwilling to
comply, the department shall revoke the mine operator's
approval.
(b) To acquire and maintain approval of a complete diesel-
powered equipment package, the mine operator shall comply with
the following requirements:
(1) All service, maintenance and repairs of approved
complete diesel-powered equipment packages shall be performed by
mechanics who are trained and qualified in accordance with
section 222-A.
(2) Service and maintenance of approved complete diesel-
powered equipment packages shall be performed according to:
(i) the specified routine maintenance schedule;
(ii) on-board performance and maintenance diagnostics
readings;
(iii) emissions test results; and
(iv) component manufacturer's recommendations.
(213-A added Dec. 19, 1996, P.L.1414, No.182)
Section 214-A. Records.--(a) A record shall be made of all
emissions tests, preoperational examinations and maintenance and
repairs of complete diesel-powered equipment packages. The
records made pursuant to this section shall meet the
requirements of this section.
(b) The person performing the emissions test, examination,
maintenance or repair shall certify by date, time, engine hour
reading and signature that the emissions test, examination,
maintenance or repair was made.
(c) Records of emissions tests and examinations shall
include the specific results of such tests and examinations.
(d) Records of maintenance and repairs shall include the
work that was performed, any fluids or oil added, parts replaced
or adjustments made and the results of any subsequently required
emissions testing.
(e) Records of preoperational examinations shall be retained
for the previous one hundred-hour maintenance cycle.
(f) Records of emissions tests, one hundred-hour maintenance
tests and repairs shall be countersigned once each week by the
certified mine electrician and mine foreman.
(g) All records, except as specified in subsection (e),
required by this section shall be retained for at least one year
at a surface location at the mine and made available for
inspection by the department's district mine inspector and by
miners and their representatives.
(214-A added Dec. 19, 1996, P.L.1414, No.182)
Section 215-A. Duties of Operator.--(a) Prior to using a
piece of diesel-powered equipment during a shift, the equipment
operator shall conduct an examination as follows:
(1) Check the exhaust emissions control and conditioning
system components to determine that the components are in place
and not damaged or leaking.
(2) Assure that the equipment is clean and free of
accumulations of combustibles.
(3) Assure that the machine is loaded safely.
(4) Check for external physical damage.
(5) Check for loose or missing connections.
(6) Check engine oil level.
(7) Check transmission oil level.
(8) Check other fluid levels, if applicable.
(8) Check for hydraulic, coolant and oil leaks.
(10) Check fan, water pump and other belts.
(11) Check the fan for damage.
(12) Check guards.
(13) Check the fuel level.
(14) Check for fuel leaks.
(15) Comply with recordkeeping requirements pursuant to
section 214-A.
(b) After the engine is started and warmed up, the equipment
operator shall conduct an examination as follows:
(1) Check all on-board engine performance and maintenance
diagnostics system gauges for proper operation and in-range
readings. The equipment operator shall immediately shut down the
engine and notify the operator if the on-board readings indicate
any of the following:
(i) Intake restriction at full engine speed is greater than
the manufacturer's recommendation.
(ii) Exhaust restriction at full engine speed is greater
than the manufacturer's recommendation.
(iii) Coolant temperature is at or near two hundred twelve
degrees Fahrenheit.
(iv) Low engine oil pressure.
(v) High engine oil temperature.
(2) Check safety features, including, but not limited to,
the throttle, brakes, steering, lights and horn.
(3) Comply with recordkeeping requirements pursuant to
section 214-A.
(215-A added Dec. 19, 1996, P.L.1414, No.182)
Section 216-A. Scheduled Maintenance.--At intervals not
exceeding one hundred hours of engine operation, a qualified
mechanic shall perform the following maintenance and make all
necessary adjustments or repairs or remove the equipment from
service:
(1) Wash or steam-clean the equipment.
(2) Check for and remove any accumulations of coal, coal
dust or other combustible materials.
(3) Check the equipment for damaged or missing components or
other visible defects.
(4) Conduct electrical and safety component inspections.
(5) Replace engine oil and oil filter.
(6) Check the transmission oil level and add oil, if
necessary.
(7) Check hydraulic oil level and add oil, if necessary.
(8) Check the engine coolant level and add coolant, if
necessary.
(9) Check all other fluid levels and add fluid, if
necessary.
(10) Check for oil, coolant and other fluid leaks.
(11) Inspect the cooling fan, radiator and shroud. Remove
any obstructions and make necessary repairs.
(12) Check all belts. Tighten or replace, if necessary.
(13) Check the battery and service as necessary.
(14) Check the automatic fire suppression system.
(15) Check the portable fire extinguisher.
(16) Check the lights.
(17) Check the warning devices.
(18) With the engine operating, check and replace or repair
the following:
(i) Oil pressure.
(ii) Intake air restriction at full engine speed.
(iii) Exhaust gas restriction at full engine speed.
(iv) Exhaust flame arrestor.
(v) All gauges and controls.
(19) Conduct repeatable loaded engine operating test in
accordance with section 218-A.
(20) Evaluate and interpret the results of all of the above
tests and examinations and make all necessary repairs or remove
equipment from service.
(21) Comply with recordkeeping requirements pursuant to
section 214-A.
(216-A added Dec. 19, 1996, P.L.1414, No.182)
Section 217-A. Emissions Monitoring and Control.--(a)
Emissions for diesel-powered equipment shall be monitored and
controlled as provided in this section.
(b) When any diesel-powered machine first enters service at a
mine, baseline emission values shall be determined by a
qualified mechanic. The qualified mechanic shall:
(1) Verify that the seal on the engine fuel injector is in
place and that the proper fuel pump is on the equipment.
(2) Install a new clean intake air cleaner, measure and
record the intake restriction pressure.
(3) Check the level of engine oil.
(4) Change the engine lubrication oil if not fresh.
(5) Check the level of the transmission fluid.
(6) Flush the exhaust system and install a new diesel
particulate filter, measure and record the exhaust back
pressure.
(7) Test the brakes.
(8) Place the equipment into an intake entry.
(9) Set the brakes and chock the wheels.
(10) Install the portable carbon monoxide (CO) sampling
devise into the untreated exhaust gas coupling provided in the
operator's cab.
(11) Start the engine and allow it to warm up to operating
temperature.
(12) For mobile equipment, shift into second gear and put
the engine at full throttle, or for stationary equipment, induce
a load and put the engine at full throttle.
(13) Start the CO sampler and measure and record CO levels
every minute for five minutes.
(14) Comply with recordkeeping requirements pursuant to
section 214-A.
(217-A added Dec. 19, 1996, P.L.1414, No.182)
Section 218-A. Diagnostic Testing.--At intervals not
exceeding once every one hundred hours of engine operation, a
qualified mechanic shall perform equipment maintenance
diagnostic testing of each piece of diesel-powered equipment in
the mine. The qualified mechanic shall:
(1) verify the identification numbers on the equipment;
(2) check the level of the engine lubricating oil;
(3) check the level of the transmission fluid;
(4) set the brakes and chock the wheels;
(5) install the portable CO sampling device into the
untreated exhaust port coupling provided in the operator's cab;
(6) start the engine and allow it to warm up to operating
temperature;
(7) check the intake restriction and the exhaust back
pressure at high idle speed;
(8) if the intake restriction is more than the
manufacturer's maximum recommended intake restriction, replace
the intake filter with a clean one;
(9) if the exhaust back pressure is more than the
manufacturer's maximum recommended exhaust back pressure,
replace the diesel particulate filter with a clean one and/or
clean out the heat exchanger;
(10) for mobile equipment, shift into second gear and put
the engine at full throttle, or for stationary equipment, induce
a load and put engine at full throttle;
(11) start the CO sampler and record CO levels every minute
for five minutes;
(12) install the portable CO sampling device into the
treated exhaust port coupling provided in the operator's cab and
repeat steps (10) and (11);
(13) if the average CO reading for untreated exhaust gas is
greater than twice the baseline established under section 217-
A(b) or if the average CO reading for treated exhaust gas is
greater than 100 ppm, the equipment has failed and must be
serviced and retested before it is returned to regular service;
and
(14) comply with recordkeeping requirements pursuant to
section 214-A.
(218-A added Dec. 19, 1996, P.L.1414, No.182)
Section 219-A. Exhaust Gas Monitoring and Control.--(a) In
monitoring and controlling exhaust gases, the ambient
concentration of exhaust gases in the mine atmosphere shall not
exceed 35 ppm ceiling for carbon monoxide (CO), 25 ppm ceiling
for nitric oxide (NO) and 3 ppm ceiling for nitrogen dioxide
(NO2). The concentration of these exhaust gases shall be
measured at the equipment operator's or equipment attendant's
position and inby the last piece of diesel-powered equipment
operating in the same split of air. Measurements shall be made
weekly or more often if necessary by a qualified person and
shall be conducted pursuant to the requirements of this section.
(b) Measurement of exhaust gases shall be made with a
sampling instrument no less precise than detector tubes.
(c) If the concentration of any of the gases listed in
subsection (a) is seventy-five per cent or more of its exposure
limit, changes to the use of the diesel equipment, the mine
ventilation or other modifications to the mining process shall
be made.
(d) If the concentration of any of the gases listed in
subsection (a) exceeds the exposure limit, the diesel equipment
operating in that split shall be removed from service
immediately and corrective action taken. After corrective action
has been taken by the mine operator, the diesel equipment may be
returned to service in its regular operating mode for emissions
testing purposes only, and emissions testing shall be conducted
immediately to assure that the concentration does not exceed
seventy-five per cent of the exposure limit. Corrective action
must be taken until the concentration does not exceed seventy-
five per cent of the exposure limit before the diesel equipment
can be returned to full operation.
(e) In addition to the other maintenance requirements set
forth in this article, the mine operator shall comply with the
following requirements:
(1) Repair or adjustment of the fuel injection system shall
only be performed by qualified mechanics authorized by the
engine manufacturer.
(2) Complete testing of the emissions system in accordance
with section 218-A shall be conducted prior to any piece of
diesel-powered equipment being put into service, after any
repair or adjustment to the fuel delivery system, engine timing
or exhaust emissions control and conditioning system.
(3) Service and maintenance of the intake air filter,
exhaust particulate filter and the exhaust system shall be
performed at specific time intervals based on the component
manufacturer's recommendation, compliance with the engine or
emissions control operation specifications and, as needed, based
on the on-board diagnostics and/or emissions test results.
Accurate records shall be maintained of all such service and
maintenance.
(219-A added Dec. 19, 1996, P.L.1414, No.182)
Section 220-A. Training and General Requirements.--(a) All
training course instructors and all training plans required by
this section and sections 221-A and 222-A shall be approved by
the department. Operator training and qualification shall meet
the requirements of this section.
(b) Training shall be conducted in the basics of the
operation of a diesel engine, Federal and State regulations
governing their use, company rules for safe operation, specific
features of each piece of equipment and the ability to recognize
problems and shall be provided to each equipment operator and
the mine health and safety committee if one exists. This
training shall be designed to bring every operator to a level of
good understanding of diesel equipment operation. Each operator
will be qualified by attending a minimum eight-hour course,
including classroom training on diesel fundamentals and
equipment-specific hands-on training on the job.
(c) Upon successful completion of both training sessions,
the operator shall be issued a Certificate of Qualification that
qualifies him or her to operate a specific type of diesel-
powered equipment. An operator may be qualified to operate more
than one type of equipment by completing additional equipment-
specific training covering differences specific to each
additional type of equipment.
(d) Refresher training, separate from that required by MSHA
regulations at 30 CFR Pt. 48 (relating to the training and
retraining of miners), shall be required annually.
(e) The minimum eight-hour training required by subsection
(b) shall include instruction in the following classroom
subjects:
(1) Engine fundamentals, which shall include an introduction
to the function of a diesel engine and recognition of all major
components and their functions.
(2) Diesel regulations, which shall include an introduction
to Federal and State regulations governing the use of diesel
equipment.
(3) Diesel emissions, which shall include an introduction to
diesel emissions and their adverse health effects.
(4) Factors that affect diesel emissions, which shall
include a detailed presentation of engine faults and diesel fuel
quality and their effect on emissions and the preventive actions
that can be taken to minimize emissions levels.
(5) Emissions control devices, which shall include a
detailed presentation of the different emissions control devices
employed to reduce emissions and details about actions the
operator must take to keep the devices in working order.
(6) Diagnostic techniques, which shall include a
presentation of techniques that can be employed by the operator
to assure the equipment is in safe operating condition and
instruction about how to recognize and diagnose certain engine
faults that may cause increases in emissions.
(7) The preoperational inspection, which shall include a
presentation of the purpose, benefits and requirements of the
preoperational inspection.
(8) Ventilation, which shall include an introduction to
special ventilation requirements for areas where diesel-powered
equipment will operate.
(9) Fire suppression system, which shall include an
introduction to the fire suppression system and its function and
when and how to activate the fire suppression manually.
(10) Operating rules, which shall include a detailed
presentation of the driving rules, safe driving speeds, traffic
control devices and equipment limitations.
(11) Emergency procedures, which shall include discussion of
emergency situations, such as fire, diesel fuel spills,
component failure, loss of ventilation air and emergency escape
procedures and discussion of the potential use of the diesel-
powered vehicle as an emergency escape vehicle in case of a mine
emergency situation.
(12) Recordkeeping and reporting procedures, which shall
include a presentation on required recordkeeping and reporting
procedures for problems or unsafe conditions, high emissions
level and preoperational inspections made by the equipment
operator.
(f) A new Certificate of Qualification shall be issued
annually after the equipment operator has received the annual
refresher training.
(220-A added Dec. 19, 1996, P.L.1414, No.182)
Section 221-A. Equipment-Specific Training.--Equipment-
specific hands-on orientation training shall be given in an area
of the mine where the equipment will be operated. This
orientation shall be specific to the type and make of the diesel
machine and shall be presented in small groups. The following
subjects shall be included in the training:
(1) Equipment layout, which shall include familiarization
with the layout of the equipment, the operator's compartments
and the controls.
(2) Preoperation inspection, which shall include
familiarization with the preoperation inspection procedure and
review of specific details of the inspection and location of the
components to be inspected.
(3) Equipment limitations, which shall include instruction
relating to equipment performance, speeds, capacities and blind
areas.
(4) Operating areas, which shall include instruction
relating to areas in which the equipment may be operated.
(5) Operation, which shall include familiarization with the
controls, gauges and warning devices and safe operating limits
of all indicating gauges.
(6) Refueling procedure, which shall include familiarization
with fuel handling, permissible refueling areas, spill
prevention, cleanup and potential hazards from diesel fuel.
(7) Emergency devices, which shall include instruction
relating to the location and use of the fire extinguisher and
fire suppression devices.
(8) Driving practice, which shall include supervised
operation of the equipment.
(221-A added Dec. 19, 1996, P.L.1414, No.182)
Section 222-A. Diesel Mechanic Training.--(a) Diesel
mechanic training and qualification shall meet the requirements
of this section.
(b) Diesel mechanics shall be trained and qualified to
perform maintenance, repairs and testing of the features of
diesel equipment certified by MSHA and the department.
(c) To be qualified, a diesel mechanic must successfully
complete a minimum of sixteen hours of a training program
approved by the department regarding the general function,
operation, maintenance and testing of emissions control and
conditioning components. The diesel mechanic must be qualified
to perform these tasks on the specific machines used at the mine
or mines where they are employed. Additional engine-specific
training shall be provided to diesel mechanics in accordance
with a plan approved by the department.
(d) Annual retraining programs for diesel mechanics shall be
required and approved by the department. The annual retraining
shall include refresher training as well as new procedure and
new technology training as necessary. Such training shall be
separate from refresher training pursuant to MSHA regulations at
30 CFR Pt. 48 (relating to training and retraining of miners)
and electrical training required by MSHA.
(e) The minimum sixteen-hour diesel mechanic training
programs shall be submitted for approval to the department and
shall include training in the following minimum subject
requirements:
(1) Federal and State requirements regulating the use of
diesel equipment.
(2) Company policies and rules related to the use of diesel
equipment.
(3) Emissions control system design and component technical
training.
(4) On-board engine performance and maintenance diagnostics
system design and component technical training.
(5) Service and maintenance procedures and requirements for
the emissions control systems.
(6) Emissions testing procedures and evaluation and
interpretation of test results.
(7) Troubleshooting procedures for the emissions control
systems.
(8) Fire protection systems test and maintenance.
(9) Fire and ignition sources and their control and
elimination.
(10) Fuel system maintenance and safe fueling procedures.
(11) Intake air system design and components technical
training and maintenance procedures.
(12) Engine shutdown device tests and maintenance.
(13) Special instructions regarding components, such as the
fuel injection system, that shall only be repaired and adjusted
by a qualified mechanic who has received special training and is
authorized to make such repairs or adjustments by the component
manufacturer.
(14) Instruction on recordkeeping requirements for
maintenance procedures and emissions testing.
(15) Other subjects determined by the department to be
necessary to address specific health and safety needs.
(222-A added Dec. 19, 1996, P.L.1414, No.182)
Section 223-A. Operation of Diesel-Powered Equipment.--(a)
In addition to other requirements of this article, diesel-
powered equipment shall be operated pursuant to the standards
Act text part 4
set forth in this section.
(b) All diesel-powered equipment shall be attended while in
operation with the engine running in underground mines.
(c) Unnecessary idling of diesel-powered equipment shall be
prohibited.
(d) All roadways where diesel-powered equipment is operated
shall be maintained as free as practicable from bottom
irregularities, debris and wet or muddy conditions that will
affect control of the equipment.
(e) Operating speeds shall be consistent with conditions of
roadways, grades, clearances, visibility and traffic and type of
equipment used.
(f) Equipment operators shall have full control of the
mobile equipment while it is in motion.
(g) Traffic rules, including speed, signals and warning
signs, shall be standardized at each mine and posted.
(h) All diesel-powered equipment shall be maintained in a
safe and healthful operating condition. Equipment in an unsafe
or unhealthful condition or not maintained in accordance with
the engine or emissions control operating specifications shall
be removed from service immediately and shall not be returned to
service until all necessary corrective actions have been taken.
(223-A added Dec. 19, 1996, P.L.1414, No.182)
Section 224-A. Technical Advisory Committee on Diesel-
Powered Equipment.--(a) There is hereby created a Technical
Advisory Committee on Diesel-Powered Equipment for the purpose
of advising the secretary regarding implementation of this
article and evaluation of alternative technology or methods for
meeting the requirements for diesel-powered equipment as set
forth in this article. Any alternative technology or methods
recommended by the advisory committee and/or approved by the
secretary shall not reduce or compromise the level of health and
safety protection afforded by this article.
(b) The advisory committee shall consist of two members who
shall be residents of this Commonwealth and appointed by the
Governor. The Governor shall appoint one member to represent the
viewpoint of the coal operators in this Commonwealth within
thirty days from receipt of a list containing one or more
nominees submitted by the major trade association representing
coal operators in this Commonwealth and shall also appoint one
member to represent the viewpoint of the working miners in this
Commonwealth within thirty days from receipt of a list
containing one or more nominees submitted by the highest ranking
official within the major employee organization representing
coal miners in this Commonwealth.
(c) Members of the advisory committee shall be appointed for
a term of three years. If renominated and reappointed, a member
may serve up to three successive three-year terms.
(d) Members of the advisory committee shall be compensated
on a per diem basis of one hundred fifty dollars ($150) per day
plus all reasonable expenses incurred while performing their
official duties.
(e) The advisory committee shall meet at least twice during
each calendar year or more often as may be necessary.
(f) All actions of the advisory committee shall require the
participation of both members which shall constitute a quorum.
(g) Upon application of a coal miner, coal mine operator,
diesel-related technology manufacturer or on its own motion, the
advisory committee shall consider requests for the use of
alternative diesel-related health and safety technologies with
general underground mining industry application that are
consistent with this article. Approval of an application made
under this subsection shall make the alternative technology or
method available for use by any coal operator in this
Commonwealth but shall not be construed to require that a coal
mine operator use such approved alternative technology or
method. Upon receipt of an application, the advisory committee
shall conduct an investigation, which investigation shall
include consultation with a representative or representatives of
the major trade association representing coal operators in this
Commonwealth and with a representative or representatives of the
major employee organization representing coal miners in this
Commonwealth.
(h) Upon application of a coal mine operator, the advisory
committee shall consider site-specific requests for use of
alternative diesel-related health and safety technologies. The
committee's recommendations on applications submitted under this
subsection shall be on a mine-by-mine basis. Upon receipt of a
site-specific application, the advisory committee shall conduct
an investigation, which investigation shall include consultation
with the mine operator and the authorized representatives of the
miners at the mine. Authorized representatives of the miners
shall include a mine health and safety committee elected by
miners at the mine, a person or persons employed by an employee
organization representing miners at the mine, or a person or
persons authorized as the representative or representatives of
miners of the mine in accordance with MSHA regulations at 30 CFR
Pt. 40 (relating to representative of miners). Where there is no
authorized representative of the miners, the advisory committee
shall consult with a reasonable number of miners at the mine.
(i) (1) Within one hundred eighty days of receipt of an
application for use of alternative technologies or methods, the
advisory committee shall complete its investigation and make a
recommendation to the secretary. The time period may be extended
with the consent of the applicant.
(2) The advisory committee shall forward to the secretary
three possible recommendations:
(i) a unanimous recommendation to approve the application
for use of alternative technologies or methods;
(ii) a unanimous recommendation to reject the application
for use of alternative technologies or methods; or
(iii) a divided recommendation where one member of the
advisory committee recommends approval of the application for
use of alternative technologies or methods and one member of the
advisory committee recommends rejection of the application for
use of alternative technologies or methods.
(3) In the event recommendations described in subparagraphs
(i) and (ii) of paragraph (2) are forwarded to the secretary by
the advisory committee, the secretary shall have thirty days in
which to render a final decision adopting or rejecting the
advisory committee's recommendation and the application. In the
event of a divided recommendation as described in subparagraph
(iii) of paragraph (2), the secretary shall convene, within
thirty days, a meeting with the members of the advisory
committee to discuss the reasons for the divided recommendation
and to determine whether additional information and further
discussion might result in a unanimous recommendation by the
advisory committee. The secretary shall render a decision on the
application within thirty days from the date of the meeting with
the advisory committee.
(4) The advisory committee members shall only recommend
approval of an application made under this section if, at the
conclusion of the investigation, the committee members have made
a determination that the use of the alternative technology or
method shall not reduce or compromise the level of health and
safety protection afforded by this article.
(5) Any advisory committee recommendation to the secretary
for approval of an application made under this section for use
of alternative technologies or methods shall be made in writing
and shall include the results of its investigation and specific
conditions of use for the alternative technology or method.
(6) An advisory committee decision to reject an application
made under this section for use of alternative technologies or
methods shall be made in writing to the secretary and shall
outline in detail the basis for the rejection.
(7) In the event of a divided vote as described in
subparagraph (iii) of paragraph (2), each member of the
committee shall submit a detailed report to the secretary within
fourteen days of the committee's vote outlining the member's
position for or against the application.
(j) Within thirty days of receipt of an advisory committee's
unanimous recommendation to approve an application made under
this section, the secretary shall approve or reject, without
modification except as unanimously approved by the advisory
committee, the advisory committee's recommendations, including
all recommended conditions of use. Any alternative technologies
or methods approved by the secretary shall not reduce or
compromise the level of health and safety protection afforded by
this article. The time period for the secretary's decision may
be extended with the consent of the applicant.
(k) The secretary shall establish, based on recommendations
made by the advisory committee, conditions of use for the use of
diesel-powered equipment in shaft and slope construction
operations at coal mines. All conditions of use proposed by the
advisory committee shall be considered by the secretary and
shall be adopted or rejected by the secretary without
modification, except as approved by the advisory committee.
(l) In performing its functions, the advisory committee
shall have access to the services of the department. The
secretary shall make clerical support and assistance available
to enable the advisory committee to carry out its duties. Upon
the request of both members of the advisory committee, the
secretary may draft proposed conditions of use and reports or
perform investigations.
(m) Any action taken by the secretary to either approve or
reject the use of an alternative technology or method under
subsection (g), (h) or (j) shall be final and binding and not
subject to further review except where a decision by the
secretary may be deemed to be an abuse of discretion or contrary
to law. If any party affected by a decision of the secretary
believes that the decision is an abuse of discretion or contrary
to law, that party may file a petition for review with the
Commonwealth Court in accordance with Pa.R.A.P. Ch. 15 (relating
to judicial review of governmental determinations). The court,
in finding that any decision made by the secretary is an abuse
of discretion or contrary to law, shall vacate and, if
appropriate, remand the case.
(n) The powers and duties of the advisory committee shall be
limited to the matters regarding the use of diesel-powered
equipment in underground coal mines.
(o) Funding for the operation of the advisory committee and
to implement the provisions of this article is to be derived
from the general government appropriation of the department.
(224-A added Dec. 19, 1996, P.L.1414, No.182)
ARTICLE III.
RULES FOR THE INSTALLATION AND MAINTENANCE OF
ELECTRICAL EQUIPMENT
A. DUTIES OF MINE FOREMAN AND SUPERINTENDENT.
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 article for the installation and
maintenance of electrical equipment are observed in all coal
mines.
B. DEFINITIONS.
Section 302. Definitions.--As used in this article, the
following words and terms shall have these meanings:
(1) "Branch circuit"--A branch circuit shall be any tap
taken off a main circuit.
(2) "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 such a system
and the earth, as determined by a voltmeter or other suitable
instrument. The terms "potential" and "voltage" are synonymous
and mean electrical pressure.
(3) "Explosion or flame proof"--Explosion or flame proof
casings or enclosures are those which, when completely filled
with a mixture of methane and air, and the same exploded are
capable of either entirely confining the products of such
explosion within the casing or of so discharging them from the
casing 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 therewith.
(4) "Potential of a circuit"--The potential or 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 such machine or apparatus.
(5) "Low voltage supply"--Where the conditions of the supply
of electricity are such that the difference of potential between
any two points in the circuit cannot exceed three hundred volts.
(6) "Medium voltage supply"--Where the conditions of the
supply of electricity are such that the difference of potential
between any two points in the circuit may at any time exceed
three hundred volts, but cannot exceed six hundred and fifty
volts.
(7) "High voltage supply"--Where the conditions of the
supply of electricity are such that the difference of potential
between any two points in the circuit may at any time exceed six
hundred and fifty volts.
(8) "Approved"--Approved means in strict compliance with
this act or, in the absence of specific mention, approved by the
secretary.
(9) "Armored cable"--An armored cable is a cable provided
with a wrapping of metal, usually steel wires or tapes,
primarily for the purpose of mechanical protection.
(10) "Borehole cable"--A borehole cable is a cable designed
for vertical suspension in a borehole or shaft and is used for
power circuits in the mines.
(11) "Cable shield"--A cable shield is a metallic shield
consisting of nonmagnetic material applied over the insulation
of the individual conductors.
(12) "Cable sheath (nonmetallic)"--A cable sheath is a
covering consisting of composition tapes, compound jackets of
natural or synthetic rubber, thermoplastic or fiber braids
applied over the conductor assembly and insulation of multiple
conductor cables.
(13) "Circuit breaker"--A circuit breaker is a device which
may be controlled by relaying or protective equipment for
interrupting a circuit between separable contacts under normal
or abnormal conditions.
(14) "Delta-connected"--A delta-connected power system is
one in which the windings of transformers or A. C. generators
are connected to form a triangular phase relationship, and with
the phase conductors connected to each point of the triangle.
(15) "Effectively grounded"--Effectively grounded is an
expression which means 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.
(16) "Electric system"--Electric system means all electric
equipment and circuits that pertain to the operation of the mine
and are under control of the mine management.
(17) "Electrical face equipment"--Face equipment is mobile
or portable mining machinery having electric motors or accessory
equipment normally installed or operated inby the last open
crosscut in an entry or room.
(18) "Flame-resistant cable"--A flame-resistant cable is a
cable that has met the department requirements for flame
resistance and has been assigned an approved number (P-number).
All flame-resistant cables used underground shall have the "P"
number embossed or indented on the jacket at intervals not to
exceed twelve feet. ((18) amendedFeb. 11, 1970, P.L.10, No.4)
(19) "Ground (earth)"--A ground is 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 earth.
(20) "Ground or grounding conductor (mining)"--A grounding
conductor (also referred to as a safety ground conductor, safety
ground and frame ground) is a metallic conductor used to connect
the metal frame or enclosure of an equipment, device or wiring
system, with an effective grounding medium.
(21) "Primary ground"--A primary ground is 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.
(22) "Lightning arrestor"--A lightning arrestor is a
protective device for limiting surge voltages on equipment by
discharging or by-passing surge current; it prevents continued
flow of follow current to ground and is capable of repeating
these functions as specified.
(23) "Machine operator"--A qualified person who is placed in
charge of a portable or mobile face machine of any sort.
(24) "Mine power center"--A mine power center is a combined
transformer and distribution unit, and may include a rectifier,
complete within a metal enclosure, from which one or more low-
voltage or medium-voltage power circuits are taken. ((24)
amended Feb. 11, 1970, P.L.10, No.8)
(25) "Neutral point"--A neutral point in a wye-connected A.
C. power system means 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.
(26) "Neutral (derived)"--A derived neutral is a neutral
point of connection established through the use of a "zig-zag"
or grounding transformer with a normally ungrounded delta power
system.
(27) "Nonmetallic armor"--Nonmetallic armor means 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.
(28) "Portable (trailing) cable"--A portable cable is a
flexible cable or cord used for connecting mobile, portable, or
stationary equipment in mines to a trolley system or other
external source of electric energy where permanent mine wiring
is prohibited or is impracticable.
(29) "Protection (electrical)"--Protection is provided by
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.
(30) "Rectifiers"--Rectifiers as referred to in this law
means alternating-current to direct-current power conversion
devices of the mercury-arc or semi-conductor (silicon, selenium
or other) type.
(31) "Wye-connected (Y-connected)"--A wye-connected power
system is a system in which one end of each phase winding of
transformers or A. C. generators are connected together to form
a neutral point, and the other ends of the windings are
connected to the phase conductors.
(32) "Zig-zag transformer (grounding transformer)"--A zig-
zag transformer is 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.
C. PLAN OF ELECTRICAL SYSTEM.
C. PLAN OF ELECTRICAL 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 such apparatus, and the scale shall not
be less than five hundred 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. Such plans shall be corrected as often as
may be necessary to keep them up to date, or at intervals not
exceeding six months.
D. GENERAL ELECTRICAL REQUIREMENTS.
Section 304. Protection against Shock.--Mats of rubber,
insulated platform or other suitable insulating materials shall
be provided at all stationary transformers, rectifiers, motors,
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
persons so engaged when repairs are made to the energized parts
of any electrical apparatus, or when the energized parts of
electrical apparatus have to be handled for the purpose of
adjustment.
(304 amended Feb. 11, 1970, P.L.10, No.8)
Section 305. Restoration from Shock.--Instructions shall be
posted in every generating, transforming and motor room and at
the entrance to the mine, containing directions as to the
restoration of persons suffering from electric shock, and all
employes working in connection with electrical apparatus shall
be familiar with and competent to carry out these 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, or overheating, or the appearance of sparks
or arcs outside of 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 person shall wilfully 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 hereinafter prescribed,
efficiently covered or safeguarded, and so installed, operated,
and maintained as to reduce danger from accidental shock or fire
to the minimum, and shall be of such construction, and so
operated, that the rise in temperature caused by ordinary
operation will not injure the insulating materials. Where these
conditions are not met, affected equipment 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)
Fuses and automatic circuit breakers shall be so 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) Circuit breakers used to protect feeder circuits shall
be set to trip when the current exceeds by more than fifty
percent the rated capacity of the feeder. In case the feeder is
subjected to overloads 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 a longer period than ten seconds. Trip current
shall be indicated at the circuit breaker. ((b) amended Feb. 11,
1970, P.L.10, No.8)
(c) 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 person authorized by the mine foreman.
(d) Fuses used to protect feeders shall be a less current
rating than the feeder.
(e) All switches, circuit breakers and fuses shall have
incombustible bases.
Section 312. Lightning Protection.--If the surface
transmission lines of low or medium voltage from the generating
station are overhead, there shall be lightning arrestors
installed in connection therewith at the generating station. If
the distance from the generating station to the point where the
line enters the mine is more than five hundred feet, an
additional arrestor shall be installed at this 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, maintained in
working condition. The condition of such system as indicated by
the ground detector shall be noted each day by the person in
charge of the underground electrical system, or by another
competent person, who shall immediately report to the mine
foreman the occurrence of a ground.
(b) Protection of Circuits Leading Underground. (1) In every
completely insulated feeder circuit in excess of twenty-five
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
twenty-five kilowatts or less. Each power circuit in excess of
fifty kilowatts leading underground shall be provided with a
suitable ammeter.
(2) Every alternating current feeder circut leading
underground and operating at a potential exceeding the limits of
medium voltage shall be provided above ground with a suitable
circuit breaker, such breaker to be equipped with automatic
overload trip, arranged to open simultaneously each ungrounded
power-carrying conductor. Each such circut 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
sheath, insulation or conductors and damage by chafing of cables
against each other or against the borehole casing or shaft. All
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 twenty-five kilowatts in the same
borehole shall require approval of the secretary.
((c) amended Feb. 11, 1970, P.L.10, No.8)
(d) High Voltage Underground Transmission Systems. (1) 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 such cable is fed by high
voltage systems other than that described in Article III., sub-
article F, Alternating Current Installations, of this act, 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
Article III., sub-article F. Cables shall be adequate for the
intended current and voltage. Splices made in cable shall
provide continuity of all components and shall be made in
accordance with cable manufacturers' recommendations. The making
of such splices shall be supervised by a competent person
designated by the mine electrician.
(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 any mine.
(2) All insulated power cables purchased for use in any mine
after the effective date of this act shall be protected by a
flame-resistant jacket and assigned a "P" number unless either
armored or installed in rigid steel conduit, a metal enclosure,
or a fireproof room.
((e) amended Feb. 11, 1970, P.L.10, No.8)
(f) Ventilation. (1) In any gassy mine, bare power
conductors shall not be installed in any air current that has
passed through or by the first working place in the air split.
(2) In all mines, 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) Cables. Underground. (1) Where the cables or feed wires
other than trolley wires, in main haulage roads, cannot be kept
at least twelve inches from any part of the mine car or
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 roof, ribs, walls or
timbers by means of efficient insulators or suitable supports.
In no instance shall the method of support damage the cable
jacket or armor. ((2) amended Feb. 11, 1970, P.L.10, No.8)
(3) When main or other roads are being repaired, or blasting
is being carried on, suitable temporary protection from damage
shall be given 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, subsection (h). Such 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. ((h) amended Feb. 11, 1970, P.L.10, No.8)
Section 1)
(i) Underground Transformer and Substation Rooms. (1)
Construction. Any motor-generator, rectifier (except those
described in subsection (j) of this section), 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. Such buildings shall be provided with
automatically closing fire-doors, but the automatic features of
fire-doors may be omitted if a substation attendant be employed.
The openings of all such doors shall be so safeguarded by
grillwork that the room may be entered only by authorized
persons. No electrical equipment containing inflammable material
shall be placed within eight feet of a door, or opening, in any
such underground building. All such 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 twenty
gallons of inflammable liquid shall be placed in any underground
substation. The substation shall be adequately ventilated by a
separate split of air. No substation shall be built in any mine
until the location, material, construction and method of
ventilation thereof have received the approval of the secretary.
(2) Switchboards. Main and distribution switch and fuse
boards shall be made of incombustible, moisture resistant,
insulating material, and be fixed in as dry a situation as
practicable, or shall be of suitable metal construction, exposed
portions of which shall be effectively grounded. All switches,
circuit breakers, rheostats, fuses and instruments used in
connection with underground motor-generators, rotary-converters,
high voltage motors, transformers, and low and medium voltage
motors of more than fifty horsepower or fifty KVA capacity,
shall be installed upon a suitable switchboard or in a metal-
clad switchgear structure. Similar equipment for low and medium
voltage motors of fifty horsepower and less, may be separately
installed if mounted upon insulating bases of suitable material
or effectively metal-clad.
(3) Clearances. (i) 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 clear. The floor at the back of the
switchboard shall be properly floored and insulated with
nonconducting material, accessible from each end, and 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.
(ii) 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 subsection (i) (3) (i) of
this section shall not be less than four feet in the clear.
Insulating floors or mats shall be provided for medium voltage
boards where live metal work is on the front.
(4) 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 twenty-five 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.
(5) Outgoing Feeder Protection. Main circuits leaving
underground substation or transformer stations shall be
protected by circuit breakers.
(6) Grounding. All metallic coverings, metal armoring of
cables, and the frames and bedplates of generators, transformers
and motors shall be effectively grounded.
(7) 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."
(8) Protection of Terminals. All terminals on machines,
motors, or equipment over medium voltage underground shall be
protected with insulating covers or with metal covers
effectively connected to the ground.
(9) Unauthorized Persons. No person 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
apparatus connected therewith.
(10) Fire Protection. Rock dust or fire extinguishers
suitable for extinguishing electrical fires shall be kept at
electrical stations and transformer rooms, ready for immediate
use.
(j) Fireproof Rectifiers and Transformers. A portable
rectifier with dry type transformer, except those using pumped
tubes or glass bulb mercury arc tubes, or 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 two hundred and fifty
feet along the air route to pillar workings. The location where
such 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 persons. ((j) amended Feb. 11, 1970, P.L.10, No.8)
Section 314. Storage Battery Equipment.--(a) 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.
(b) Smoking or 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.
(c) Storage battery operated equipment may be used in face
areas of gassy mines when all electrical parts that it is
practicable to enclose are enclosed in explosion-proof casings
and the batteries are adequately ventilated.
Section 315. Steam Cleaners.--(a) Steam cleaning units used
underground shall be only electrically operated. Their use shall
be confined to repair shops where ventilation shall be arranged
to conduct their exhaust to return air with baffles installed to
prevent distribution of oil and grease in the return airway.
(b) Machines shall be equipped with a pressure relief valve
and a soft plug. Cut-off valves shall not be installed in the
discharge nozzle.
(c) The area in which the machine is used shall be cleaned
after each operation. Oil, grease and other residue shall be put
in metal containers and removed from the mine.
(d) Steam cleaner operators shall be provided with a
protective mask when chemical and detergent solvents are used.
Section 316. Electrical Face Equipment.--(a) Voltage
Restriction. Motors of electrical face equipment shall not be
operated at higher than medium voltage, except as approved by
the secretary under section 334 and except those on hand held
tools which shall be restricted to low voltage. ((a) amended
Feb. 11, 1970, P.L.10, No.8)
(b) Grounding. The frame of all off-track face equipment
shall be effectively grounded through a safety ground conductor
in its trailing cable, or by an approved grounding device. ((b)
amended Feb. 11, 1970, P.L.10, No.8)
(c) Hand Held Tools. Electric drills and other electrically
operated rotating tools intended to be held in the hands 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 face equipment
shall be safely and efficiently insulated and constructed with
an outer sheath or jacket of flame resistant material. They
shall be approved by the secretary. ((1) amended Feb. 11, 1970,
P.L.10, No.8)
(2) Cables for hand held tools shall be specially flexible,
heavily insulated and effectively protected from damage.
(3) Each trailing cable in use shall be examined daily by
the machine operator for abrasions and other defects; he shall
also carefully observe the trailing cable while in use, and
shall at once 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 its inflicting a
shock upon any person, 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 person.
(5) The trailing cable shall be divided at the machine in
which it is supplying power, but only for such length as is
necessary for making connection to the machine terminals, and
the 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 strain being borne
by 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 such splice is made, the cable
shall be changed before the machine is operated on the following
shift. Trailing cables on equipment without cable reels shall
have no temporary splices within fifty 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. ((6) amended Feb. 11,
1970, P.L.10, No.8)
(7) Trailing cables shall be hung or adequately protected to
prevent their being run over and damaged by mobile machinery.
(8) Trailing cables on off-track equipment, not provided
with an approved grounding device, shall contain a safety ground
conductor which shall be solidly connected to the machine frame.
A ground continuity test of the cable on each machine shall be
made upon completion of each temporary splice in that cable.
Cables found to contain defective grounds shall be repaired
before use or replaced. The safety ground conductor shall have a
cross sectional area of at least fifty percent 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. ((8) amended Feb. 11,
1970, P.L.10, No.8)
(e) Motors. In all mines, all electrical equipment in use
inby the last open crosscut shall have all their current
carrying parts completely enclosed in explosion-proof
enclosures. This shall not include trailing cable, except where
terminated, and shall not include flexible cable as required
between motors, controllers, terminal boxes and other
auxiliaries. These enclosures shall not be opened except by an
authorized person, and then only when the power is switched off.
The power shall not be switched on while the enclosures are
open. ((e) amended Feb. 11, 1970, P.L.10, No.8)
(f) Safeguarding. The person in charge of electrical face
machinery shall not leave such machinery while it is working and
shall, before leaving the working place, see that power is cut
off the trailing cables.
(g) Explosion Tested Compartments. All explosion tested
compartments shall be properly secured with cover clearance
tolerances not exceeding four one-thousandths of an inch.
Packing glands shall be correctly assembled and the packing
compressed by a packing nut tightened to within no less than
one-eighth of an inch of its seat. ((g) amended Feb. 11, 1970,
P.L.10, No.8)
(h) Detection of Gas. (1) In working places where explosive
or noxious gas is likely to be encountered, an approved safety
lamp for the detection of such gas shall be provided for use
with each machine when working, and should any indication of gas
appear on the flame of the safety lamp, the person in charge
shall immediately stop the machine, cut off the current at the
nearest switch, and report the matter to a mine official.
(2) In any gassy mine no electrically-operated face
equipment shall be taken inby the last open breakthrough until
the machine operator shall have made an inspection for gas in
the place where the machine is to work, unless such examination
is then made by some other competent person authorized or
appointed for that purpose by the mine foreman. If any explosive
gas is detected in the place by an approved safety lamp, 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 face equipment shall be
continued in operation in a gassy mine for a longer period than
half an hour without an examination as above described being
made for gas, and if gas is found the current shall at once be
switched off the machine, and the trailing cable shall forthwith
be disconnected from the power supply.
(4) The person 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 such place until the
mine examiner or a person duly authorized by the mine foreman,
has examined it and pronounced it safe.
(5) In any gassy portion of a mine, if any electric sparking
or arc be produced, outside of 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.
Section 317. Inspection of Equipment.--(a) All electrical
face equipment shall be inspected by the mine electrician or
person designated by him at least once every ten operating days,
and, where necessary, shall then be cleaned and repaired. ((a)
amended Feb. 11, 1970, P.L.10, No.8)
(b) 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 above devices shall be installed
in a convenient position near the motor, and every stationary
underground motor of one hundred brake horsepower or over shall
be provided with a suitable meter to indicate the load on the
machine.
Section 319. Permanent Underground Installation.--All
electrical equipment not covered elsewhere in this act, and
except room hoists and gathering pumps, which will remain in the
same location for a period of one year or more, shall be
completely housed in an incombustible structure built of tile,
brick, stone, concrete or of grounded steel plates not less than
one-eighth inch in thickness, securely joined.
Section 320. Underground Illumination.--(a) In all mines the
sockets of fixed electric lamps shall be of so-called
"weatherproof" type, the exterior of which shall be entirely
non-metallic. Flexible lamp cord connections are prohibited,
except for portable lamps, as covered by rule subsection (c) of
this section.
(b) Electric lamps shall be so placed that they cannot come
in contact with combustible material.
(c) In gassy mines, portable electric lamps, other than
battery lamps, shall not be used in connection with the repair
and inspection of machines 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 lamps, when used in face areas of any mine,
shall be installed in explosion-proof enclosures. ((d) amended
Feb. 11, 1970, P.L.10, No.8)
(e) Electric lamps shall be replaced by a competent person
only, and in face areas of gassy mines, after an examination for
gas has been made with an approved safety lamp.
(f) In gassy mines, underground photography using flash
bulbs or other sources of artificial illumination shall be
prohibited unless immediately preceded by an examination for gas
by a qualified person and the place found safe.
Section 321. Telephones and Signalling.--(a) 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 one thousand five hundred feet from
the main portal.
(b) Telephone lines, other than cables, shall be carried on
insulators, installed on the opposite side from power or trolley
wires, and where they cross power or trolley wires they shall be
adequately insulated.
(c) Lightning arrestors shall be provided at the points
where telephone circuits enter the mine.
(d) 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) 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) Bells, wires, insulators, contact-makers, and other
apparatus used in connection with electric signalling
underground, shall be of suitable design, 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) In the face areas of any mine, the potential used for
signal purposes shall not exceed twenty-four volts, and bare
wires shall not be used for signal circuits, except on haulage
roads. ((g) amended Feb. 11, 1970, P.L.10, No.8)
(h) The potential on signal circuits confined to intake air
and using insulated conductors may be greater than twenty-four
volts, but shall not exceed one hundred twenty-five volts
average. (This shall not apply to haulage block signal systems.)
E. DIRECT CURRENT INSTALLATIONS.
The following provisions shall apply only to direct-current
electrical systems in bituminous coal mines:
Section 322. Grounding.--(a) In a direct-current electrical
system grounding shall consist in so connecting any part of an
electrical system, including frames, to the earth that there
shall be no difference of potential between them.
(b) Only the negative side of the direct-current circuit
shall be grounded.
(c) 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 effected. ((c) added Feb. 11, 1970, P.L.10,
No.8)
(d) The initial installation of rectifiers at any bituminous
coal mine shall have the approval of the district mine inspector
and the district electrical inspector before being energized.
((d) added Feb. 11, 1970, P.L.10, No.8)
Section 323. Voltage Limitation.--In no case shall the
potential used in the trolley system be higher than medium
voltage.
Section 324. Incoming Feeder Disconnect Switches.--
Disconnecting switches shall be installed underground in all
main direct-current power circuits within five hundred feet of
the bottom of shafts, boreholes, or at other places where main
power circuits enter the mine.
Section 325. Bonding.--Where air (except compressed air
blasting lines) or water pipes parallel the grounded return of
power circuits, the return shall be securely bonded to such
pipes at frequent intervals to eliminate the possibility of a
difference of potential 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 both rails shall be
bonded (except welded track) and cross bonds shall be placed at
points not to exceed two hundred feet apart. On secondary
haulage roads, one rail shall be bonded continuously.
Section 326. Trolley Installation.--(a) 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
twenty-four feet apart, and efficiently insulated.
(b) In all mines, trolley and feeder wires shall not extend
beyond the last open crosscut and shall be kept at least one
hundred and fifty feet from open pillar workings. ((b) amended
Feb. 11, 1970, P.L.10, No.8)
(c) 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 such 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 two thousand feet.
Section 327. Connections to Trolley.--(a) All permanent
connections to trolley feeder circuits shall be made with
suitable mechanical connectors. No connection, temporary or
permanent, shall be wrapped or tied.
(b) Temporary connections for portable or face equipment may
be made through fused trolley taps.
(c) Safety ground and negative connections for temporary or
permanent installations 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 men 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: Provided, That 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.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 328 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex).
Section 329. Locomotives.--(a) Electric haulage by trolley
locomotive is not permitted in any gassy mine except on intake
air.
(b) It shall be unlawful in any gassy mine 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 which the pillars have not been drawn
but in which places the roof has collapsed.
(c) No open-type electric locomotive or open-type electric
machine of whatsoever name shall be taken into a working place
or places in a gassy mine. Main return airways (or passageways)
shall not be used as haulage-ways for electric locomotives
operated from a trolley wire in gassy mines: Provided, however,
That if at any time after the effective date of this act a mine
classed as non-gassy should be declared gassy under the
provisions of this act, the operator of such mine shall, within
the six months immediately following such reclassification,
discontinue the use of open-type electric locomotives or open-
type electric machines of any kind in a working place or places
in such gassy mine or portion thereof. Upon written request from
the operator of any such mine, the secretary, after
investigation, shall have authority to grant an additional six
months period to such operator to discontinue the use of such
locomotives or machines.
F. ALTERNATING CURRENT INSTALLATIONS.
(a) The following provisions shall apply to alternating
current electrical systems serving portable face equipment in
bituminous coal mines. The fundamental components of such a
system are (1) the outdoor substation through which power is fed
to the mine, (2) high voltage underground transmission system,
(3) section transformers or load centers which step the
transmission voltage down to machine utilization voltage, and
(4) distribution centers used to distribute utilization voltage
to mining machinery. The latter may be an integral part of the
section transformer or load center (3).
(b) The basic system for both transmission and distribution
of alternating current power to face equipment shall be a three-
phase four-wire system, with a ground fault current limiting
resistor in the neutral circuit and the inby or load end of the
neutral resistor solidly grounded. The ground end of the neutral
resistor shall be connected to equipment frames through the
cable ground conductor to prevent dangerous differences of
potential between frame and ground under fault conditions.
Section 330. Outdoor Substation.--The outdoor substation
shall be built in accordance with current Institute of
Electrical and Electronics Engineers' standards and shall
include--(Intro par. amended Feb. 11, 1970, P.L.10, No.8)
(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 fifteen
thousand 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 transmission circuit shall be derived by use of a three-
phase "zig-zag" or grounding transformer. Where such 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. ((4) amended Feb. 11, 1970, P.L.10, No.8)
(5) Secondary lightning arrestors.
(6) Ground fault-current limiting resistor capable of
continuously limiting ground fault current to fifty 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) A 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 fifteen 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 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 twenty-
five 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. ((9) amended Feb. 11, 1970, P.L.10, No.8)
(10) Ground bed resistance shall be measured at least every
six months and appropriate action taken to assure the
maintenance of the lowest possible value of ground resistance. A
record of these resistance measurements shall be kept in a book
provided for that purpose. ((10) added Feb. 11, 1970, P.L.10,
No.8)
Section 331. High Voltage Underground Transmission System.--
(a) High voltage cables leading underground and extending
underground shall be of the multiple conductor flame resistant
type with either a rubber, 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. The making of such splices shall
be supervised by a competent person designated by the mine
electrician.
(b) 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) 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.
(d) At locations where cables cross haulage-ways or travel-
ways or where equipment must pass over or under the cable, they
shall be either installed in a trench in the roof, protected by
some mechanical means, or buried at least twelve inches below
combustible material and adequately protected from crushing by
the weight of equipment passing over it.
(e) High voltage cables shall be installed only in intake
airways. They may be installed on intake haulage-ways only with
written approval of the secretary. Such cable may be installed
by hanging on suitable hooks or clamps, or by supporting by a
suitable messenger cable, or by burying or by installation in
metal conduit. When suspended, distance between supports shall
not exceed twenty 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
twelve inches from the trolley wire or feeder wires and away
from the track.
(f) 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 place. Such cable shall not exceed one thousand feet in
length.
(g) 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.
(h) Taps or branch circuits from the high voltage feeder
shall be made through circuit breakers adequate to interrupt any
fault current which might occur. Relaying protection on such
breakers shall include instantaneous and inverse time limit
phase overcurrent, under-voltage, ground fault and ground
continuity check functions. A separate ground continuity check
circuit originating at the branch circuit breaker shall be
extended into each branch and shall be connected to ground at
the frame of the load served. The ground continuity check
circuit shall be so wired that the ground wire or ground
continuity conductor or any connection on either wire cannot be
broken without interrupting the check circuit unless such break
occurs on a branch which has been disconnected. A suitable load
break switch may be used in lieu of a circuit breaker provided
that the ground continuity check circuit shall be wired as
provided in subsection (h) of this section.
(i) When nonload 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 de-energized before the disconnect switches
are opened.
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,
nonventilated, 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
subsection (c) of section 331.
(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.
(i) If a circuit breaker is used for this purpose, it shall
be equipped with instantaneous and inverse time limit phase
overcurrent and under-voltage 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 subsection (d) of this section
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 twenty-five amperes or less.
The inby side of this resistor shall be grounded to the load
center frame if no D.C. equipment powered from a common mine
D.C. system can contact the frames of A.C. equipment powered by
this load center. In the event there is a possibility of frame
contact between A.C. equipment and D.C. equipment supplied from
a common D.C. mine system, the inby side of this resistor may be
insulated from the load center frame and shall be solidly
connected to the D.C. ground system. ((4) amended Feb. 11, 1970,
P.L.10, No.8)
(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 so arranged 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 and
shall not be located closer than two hundred and fifty feet
along the air route to pillar workings. ((6) amended Feb. 11,
1970, P.L.10, No.8)
Section 333. Distribution Centers.--(a) 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 which may be encountered. The
distribution center shall contain breakers adequate to interrupt
any fault current which might occur, which shall feed each unit
of equipment which is connected to the distribution center. Each
breaker shall be equipped with tripping devices which 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 nor shall be
closer than one hundred fifty feet from pillar workings unless
the distribution center shall have an approved explosion-proof
enclosure.
(b) Utilization voltage cables shall be fitted with plug
couplers and provision made so that cables 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) Utilization voltage conductors, cables, or conductor
groups shall contain one or more ground conductors which
combined shall be able to carry safely and continuously at least
twice the maximum ground fault current.
(d) 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, section 333
shall apply. However, when an external D. C. distribution device
is employed, the rectifier output may be taken through a main D.
C. circuit breaker to that device without the use of a plug and
receptacle system. ((d) added Feb. 11, 1970, P.L.10, No.8)
G. TECHNOLOGICAL IMPROVEMENT.
Section 334. Technological Improvement.--(a) The secretary
shall recognize, encourage, and permit the adoption and use of
alternative or new methods, materials, machinery, equipment,
supplies, tools, devices, and processes in carrying out the
provisions of this act pertaining to electricity in bituminous
coal mines when such alternates provide protection to personnel
and property equal to or in excess of the requirements set forth
in any portion of this act. Any operator proposing use of such
alternate or new methods, materials, machinery, equipment,
supplies, tools, devices, and processes shall notify, in
writing, the secretary describing such proposal in detail.
(b) Upon receipt of this proposal, it shall be given
preliminary review by the secretary. If such review indicates
that the proposal has potential merit, the secretary may, at his
discretion, appoint either a commission or a committee
consisting of three representatives of the department, three
operators' engineers, a representative of the mine employes, and
any others he deems pertinent. Such commission or committee
shall investigate and review said proposal to determine its
effect on safety and property and report their findings in
writing to the secretary. ((b) amended Dec. 19, 1996, P.L.1414,
No.182)
(c) If either the secretary, commission or committee
recommends disapproval, their report shall include specific
references to the requirements and standards of this act which
the proposal violates and shall also specify the manner in which
it fails to provide personnel and property protection equal to
or in excess of such requirements or standards.
(d) Upon the approval of the commission or committee, the
secretary shall forthwith issue a permit approving the alternate
or new methods, materials, machinery, equipment, supplies,
tools, devices, and processes.
ARTICLE IV.
ACCIDENTS.
Section 401. Explosion or Accident; Investigation by
Department; Inquests.--(Hdg. amended Dec. 19, 1996, P.L.1414,
No.182) (a) Whenever a serious or a fatal accident occurs in or
about any bituminous coal mine, or whenever an explosion, fire
or other serious accident of an unusual nature occurs, whether
fatal or not, it shall be the duty of the superintendent or mine
foreman in charge of such mine to give notice thereof forthwith,
by telephone or telegraph, to the mine inspector in the
district. The mine safety committee of the employes of such mine
shall also be notified.
(b) If the coroner shall determine to hold an inquest, he
shall notify the mine inspector of the time and place of holding
the same, and the mine inspector in the district shall offer
such testimony as he may deem necessary to thoroughly inform the
said inquest of the cause of the death. He shall also have
authority at any time to appear before such coroner or jury and
examine or cross-examine any witness. No person who is, directly
or indirectly, interested or employed in any capacity by the
person, persons, or company owning or operating such mine, or
employed in or about any other mine in which such owners or
operators may be interested, shall be eligible to serve upon
such coroner's jury.
(c) It shall be the duty of the mine inspector in the
district, upon being notified of any fatal accident as
hereinbefore provided, to proceed in person as soon as
practicable to the scene of the accident, and make such
suggestions or give such directions as may appear to him
necessary to secure the safety of any person who may still be
endangered through said accident. The said mine inspector shall
proceed to investigate and ascertain the cause of the accident,
and make a record thereof, which he shall file as provided for;
and to enable him to make the investigation he shall have power
to compel the attendance of persons to testify, and also to
administer oaths or affirmations. If it is found, upon
investigation, that the accident is due to the violation of any
of the provisions of this act by any person other than those who
may be deceased, the mine inspector in the district shall
institute appropriate proceedings against such person or
persons.
Section 402. Scene of Accident; Preservation of Evidence.--
Following a mine accident resulting in the death of one or more
persons and following any mine disaster, the evidence
surrounding such occurrence shall not be disturbed after
recovery of bodies or injured persons until an investigation by
the department has been completed: Provided, however, That
sufficient wreckage or debris may be moved to allow recovery
work after disasters or continued general operation of the mine
following fatalities not caused by mine fires or mine
explosions.
ARTICLE V.
REPORTS; COMPLIANCE.
Section 501. Annual and Monthly Reports by Operators of
Bituminous Coal Mines.--(a) On or before January 25 in each
year, the operator or the superintendent of every bituminous
coal mine shall send by registered mail to the mine inspector in
the district a correct report, specifying, with respect to the
year ending December 31 preceding, the name of the operator and
officers of the mine, number of tons of coal mined, number of
tons of coke manufactured, number of different employes,
classified, and the total number of days worked during the year.
The report shall be in such form, and give such information
regarding the mine, as may be, from time to time, required and
prescribed by the secretary.
(b) On or before the tenth day of each month, the
superintendent shall send to the mine inspector in the district,
a report of the tonnage produced, and days worked for the
preceding month, and also a report in detail of all lost time
injuries in or about the mines for the preceding month.
(c) Whenever any employe who has been injured is reported
able to resume work, the superintendent shall report the same
immediately to the mine inspector in the district.
(d) For the purpose of verifying the accuracy of the tonnage
reports required by this section, the secretary, or any employe
of the department appointed by him, is hereby authorized to
examine all the shipping documents of any operator or
superintendent. The refusal of any operator or superintendent to
submit to such examination, or exhibit its or his shipping
documents for inspection, shall be presumptive evidence that the
operator or superintendent has failed to comply with the tonnage
report requirements of this section. For the purpose of this
subsection, "shipping documents" shall be defined as any records
relating to the transportation, movement or delivery of coal
from the mine or cleaning plant to the customer or purchaser of
such coal, including, but not limited to, bills of lading,
invoices, weighman's slips, delivery receipts, shipping
receipts, and contract carrier statements.
All information obtained by such examination, other than
tonnage figures, shall be held confidential and shall not be
released by the department or its employes for any purposes
whatsoever.
ARTICLE VI.
AUGER MINING.
Section 601. Permit Required.--No auger mining shall be
conducted by any person without securing a permit issued by the
department. Such permit shall be on a form prescribed by the
secretary. Such permit shall not be unreasonably withheld.
Section 602. Duties of Operator.--It shall be the duty of
the operator to see that all work is performed in a safe manner.
Section 603. Special Requirements.--(a) Auger crews shall
carefully inspect the face of the highwall, twenty-five feet on
both sides of the drilling site before augering operations begin
and frequently thereafter, and all loose material shall be
removed before any work is done. Special precautions shall be
taken during intermittent freezing and thawing weather and
periods of heavy rainfall. Drilling shall not be done under an
overhang.
(b) When a crew is engaged in connecting or disconnecting
auger sections under a highwall, observations shall be made of
the highwall for possible movement.
(c) Auger mining shall not be done in proximity to active
underground workings, unless the work is coordinated with the
underground plan of workings. Auger holes shall not be drilled
so as to--
(1) Disrupt the ventilation systems of active underground
mines.
(2) Create inundation hazards to active underground mines.
(3) Cause damage to the roof and ribs of active underground
roadways.
(d) Auger holes shall not intersect underground mine
workings known to contain or suspected to contain dangerous
quantities of impounded water, except to drain such areas under
controlled conditions and then only after all necessary
precautions have been taken to safeguard life and property.
(e) When auger holes first penetrate abandoned or mined out
underground workings and as frequently thereafter as these
workings are penetrated, a qualified employe shall determine by
an approved means of detection whether or not methane or oxygen-
deficient air is present or is being emitted in dangerous
quantities and shall make a record of these inspections and
findings.
(f) Auger mining equipment shall not be operated in the
vicinity of auger holes emitting dangerous quantities of methane
or oxygen-deficient air until the atmosphere has been rendered
harmless.
(g) Pillars between auger holes shall be wide enough to
support the overburden adequately.
(h) The depth and direction of auger holes shall be plotted
on the mine map required by this act, which map shall show
adjacent mined areas.
(i) Auger operators shall not leave the controls while
drills are being operated.
(j) No person, including the auger machine operator, shall
be in a direct line with the bore holes during mining
operations.
(k) No persons shall enter an auger hole until a qualified
employe has determined by an approved means of detection whether
the air within the hole is of good quality and does not contain
methane or is deficient in oxygen. The examiner shall wear a
lifeline that extends to the hands of a person on the surface.
(l) Internal combustion engines in the vicinity of auger
holes shall be stopped while auger holes are being inspected.
(m) At least one approved safety lamp or other approved
device for determining methane and oxygen-deficient air shall be
available at each auger machine for the use of qualified
employes.
(n) Persons entering an auger hole shall examine and test
its walls for danger from falling materials. Any hazardous
conditions found shall be corrected immediately or before any
other work is done. Otherwise, the hole shall be vacated and
fenced off and a suitable danger sign be placed across its
entrance.
(o) Mechanically operated grinding wheels shall be equipped
with--
(1) Safety washers and tool rests.
(2) Substantial retaining hoods covering two-thirds of the
circumference of the wheel.
(3) Eyeshields or goggles shall be used.
(p) A substantial screen or grating shall be provided over
auger machines strong enough to prevent injury to workmen by
spalling material from the highwall or the machine shall be kept
a safe distance from the highwall.
(q) Auger machines shall be equipped with adequate means to
slow the operation when hard drilling causes arcs or sparks or
overheating of the cutter head.
(r) The angle and setting of the bits shall be maintained to
permit clearance of not less than one-fourth inch between the
drum and the auger hole to minimize friction and overheating.
(s) Exhaust gases from internal combustion engines shall be
conducted away from auger holes and the working area for the
protection of the workmen and to prevent ignition of gas or dust
emanating from such holes.
(t) Exhausts shall be equipped with mufflers to reduce
noise, guarded where necessary to prevent burns, and extended at
least to the height of the machinery.
(u) Warning signs shall be posted conspicuously at the
entrances to abandoned auger operations and at strategic
locations along the outcrop line where coal has been mined with
augers.
(v) Completed auger holes shall be blocked with spoil, piled
to a minimum height of three feet above the coal bed and to
within one thousand feet of the active holes. Auger holes shall
be blocked before the operation is abandoned.
(w) Combustible materials, dinner pails or other supplies
shall not be stored in abandoned auger holes.
(x) Partitions of coal between auger holes shall not be
recovered.
(y) Any employe who discovers an unsafe condition at the
auger mine shall immediately report it to the person in charge.
(z) Each auger mine operation shall have an adequate supply
of first-aid equipment at strategic locations. The first-aid
supplies shall be encased in suitable sanitary receptacles,
designed to be reasonably airtight, and shall be available to
all persons employed at the mine. In addition to the material in
the cases, splints, blankets, and properly constructed
stretchers in good condition shall be provided. When an injury
occurs, prompt medical attention shall be provided. Adequate
facilities shall be available for transporting injured persons
to a hospital when necessary.
(aa) Smoking or open lights shall be prohibited in or near
auger holes.
ARTICLE VII.
MISCELLANEOUS PROVISIONS.
Section 701. Compliance and Construction.--Whenever any
equipment or supplies required by this act, including rock-
dusting machines, and approved electric equipment, are
unobtainable in the normal course of business, as determined by
the secretary, compliance with the requirements of this act with
respect thereto is suspended so long as such items remain
unobtainable. Due allowance shall also be made for planning,
institution of change procedures, and installation of new
equipment.
Section 702. Adoption of New Items or Methods.--Nothing in
this act shall be construed to prevent the adoption or use by
any operator of new machinery, equipment, tools, supplies,
devices, methods and processes, if such new machinery,
equipment, tools, supplies, devices, methods and processes
accord protection to personnel and property substantially equal
to or in excess of the requirements set forth in any portion of
this act.
Section 703. Criminal Penalties.--Any person who shall
intentionally or carelessly disobey any order given in carrying
out the provisions of this act, or do any other act whatsoever,
whereby the lives or the health of the persons employed, or the
security of the mine or the machinery, are endangered, or who
neglects or refuses to perform the duties required of him by
this act, or who makes any false statement in any report,
required by this act, or who is responsible for failure to
comply with any decision made in accordance with this act, or
who violates any of the provisions or requirements thereof,
shall be deemed guilty of a misdemeanor, and shall, upon
conviction thereof in the court of quarter sessions of the
county in which the misdemeanor was committed, unless otherwise
specified hereinbefore, be punished by a fine not exceeding two
hundred dollars ($200), or imprisonment in the county jail for a
period not exceeding three months, or both, at the discretion of
the court.
Section 704. Severability.--If any provision of this act or
the application of such provision to any person or circumstances
shall be held invalid, the remainder of the act and the
application of such provision to persons or circumstances, other
than those as to which it is held invalid, shall not be affected
thereby.
Section 705. Specific Repeals.--(a) The following acts and
all amendments thereof are repealed absolutely:
(1) The act of June 9, 1911 (P.L.756), entitled "An act to
provide for the health and safety of persons employed in and
about the bituminous coal-mines of Pennsylvania, and for the
protection and preservation of property connected therewith."
(2) The act of May 31, 1923 (P.L.481), entitled "An act
providing for the appointment of boards of examiners to examine
applicants for certificates of qualification as mine foremen,
assistant mine foremen, and fire bosses in the bituminous coal
mines of this Commonwealth; prescribing the qualifications;
defining the powers and duties, and fixing the compensation of
such examiners; authorizing the Chief of the Department of Mines
to determine the district in which boards of examiners shall
hold examinations, and to designate the boards before whom
applicants in the various inspection districts shall appear;
providing for the issuance of certificates of qualification to
successful applicants; fixing the fees to be paid by applicants,
and providing for their disposition; forbidding the employment
of unqualified persons as mine foremen, assistant mine foremen,
and fire bosses; providing a penalty for forging or making false
statements regarding certificates."
(3) The act of April 29, 1937 (P.L.551), entitled "An act
prohibiting the employment of miners as herein defined in the
bituminous coal mines, unless certificated by a miners'
examining board; providing for the appointment of such boards,
and defining their powers and duties; providing penalties; and
making an appropriation."
(4) The act of June 25, 1937 (P.L.2121), entitled "An act
providing for the examination and certification of, and
regulating the employment of mine electricians in bituminous
coal mines; imposing duties upon the mine foremen's examining
board, and the Secretary of Mines; and providing penalties."
(5) The act of June 25, 1937 (P.L.2122), entitled "An act
providing for the examination and certification of, and
regulating the employment of shot-firers and mining machine
runners employed in gaseous bituminous coal mines; imposing
duties upon the Secretary of Mines; and providing penalties."
(b) The following acts and all amendments thereof are
repealed in so far as they apply to bituminous coal mines:
(1) The act of March 3, 1870 (P.L.3), entitled "An act
providing for the health and safety of persons employed in coal
mines."
(2) The act of June 30, 1885 (P.L.202), entitled "An act to
prevent the employment of female labor in and about the coal
mines and the manufactories thereof in the State of
Pennsylvania."
(3) The act of June 15, 1911 (P.L.979), entitled "An act to
safeguard life in the coal-mines of the Commonwealth of
Pennsylvania, and to protect and preserve the property connected
therewith, by providing that all inside buildings shall be
constructed of incombustible material; and providing penalties
for failure to comply with the terms of this act, and making a
violation thereof by mine superintendents a misdemeanor."
(4) The act of April 25, 1945 (P.L.289), entitled "An act
providing for the health and safety of persons employed in and
about the coal mines of the Commonwealth of Pennsylvania; the
protection and preservation of property connected therewith; the
appointment of electrical inspectors by the Secretary of Mines
with the consent and approval of the Governor; the fixing of
their salaries and necessary expenses incurred in the
performance of their duties; and the fixing of the
qualifications which shall be possessed by persons appointed to
the position of electrical inspector."
(5) The act of May 15, 1945 (P.L.526), entitled "An act
relating to the use of trailing cables on portable electric
machinery in coal mines; providing for the health and safety of
persons employed therein, and for the protection and
preservation of property connected therewith, and for the
inspection of such equipment by the Department of Mines."
(6) The act of May 29, 1945 (P.L.1132), entitled "An act
providing for the health and safety of persons employed in and
about coal mines in the Commonwealth of Pennsylvania; the
protection and preservation of property connected therewith; the
appointment of first aid and mine rescue instructors by the
Secretary of Mines, with the approval of the Governor, fixing
their salaries and qualifications; providing for the purchase of
trucks and necessary equipment to carry on the work; and making
an appropriation therefor."
(7) The act of May 26, 1949 (P.L.1846), entitled "An act
fixing the salaries of State mine inspectors under the
jurisdiction of the Department of Mines and the expenses
incident to their office."
(8) The act of December 28, 1951 (P.L.1801), entitled "An
act regulating the use of machinery powered by internal
combustion engines or motors in coal mines."
(9) The act of April 4, 1956 (P.L.1395), entitled "An act
relating to the use of conveyor belts in coal mines; providing
for the safety of persons employed therein, and the protection
of property connected therewith; conferring powers and imposing
duties upon the Department of Mines; and prescribing penalties."
Section 706. General Repeal.--All other acts and parts of
acts are repealed in so far as they are inconsistent herewith.
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