(a) Except where alternative compliance is permitted for small and
remote mines (§49.3) or those mines operating under
special mining conditions (§49.4), every operator of an
underground mine shall:
(1) Establish at least two mine rescue teams which are
available at all times when miners are underground; See MSHA's Program Policy Manual
or (2) Enter into an arrangement for mine rescue services
which assures that at least two mine rescue teams are available at all times
when miners are underground.
See MSHA's Program Policy Manual (b) Each mine rescue team shall consist of five members and one
alternate, who are fully qualified, trained, and equipped for providing
emergency mine rescue service.
(c) To be considered for membership on a mine rescue team, each
person must have been employed in an underground mine for a minimum of one
year within the past five years. For the purpose of mine rescue work only,
miners who are employed on the surface but work regularly underground shall
meet the experience requirement. The underground experience requirement is
waived for those miners on a mine rescue team on the effective date of this
rule. See MSHA's Program Policy Manual
(d) Each operator shall arrange, in advance, ground transportation
for rescue teams and equipment to the mine or mines served. See MSHA's Program Policy Manual
(e) Upon the effective date of this part, the required rescue
capability shall be present at all existing underground mines, upon initial
excavation of a new underground mine entrance, or the re-opening of an
existing underground mine.
(f) Except where alternative compliance is permitted under
§49.3 or §49.4, no mine served by a
mine rescue team shall be located more than two hours ground travel time from
the mine rescue station with which the rescue team is associated.
(g) As used in this part, mine rescue teams shall be considered
available where teams are capable presenting themselves at the mine site(s)
within a reasonable time after notification of an occurrence which might
require their services. Rescue team members will be considered available even
though performing regular work duties or in an off-duty capacity. The
requirement that mine rescue teams be available shall not apply when teams
are participating in mine rescue contests or providing services to another
mine.
(h) Each operator of an underground mine who provides rescue teams
under this section shall send the District Manager a statement describing the
mine's method of compliance with this part. The statement shall disclose
whether the operator has independently provided mine rescue teams or entered
into an agreement for the services of mine rescue teams. The name of the
provider and the location of the services shall be included in the
statement. A copy of the statement shall be posted at the mine for the
miners' information. Where a miners' representative has been designated, the
operator shall also provide the representative with a copy of the
statement.
See MSHA's Program Policy Manual
