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DOL/MSHA RIN: 1219-AB65 Publication ID: Fall 2011
Title: Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines
Abstract: The Mine Safety and Health Administration (MSHA) will develop a final rule to address hazards that miners face when working near continuous mining machines in underground coal mines. MSHA has concluded, from investigations of accidents involving continuous mining machines and other reports, that action is necessary to protect miners. Continuous mining machines can pin, crush, or strike a miner working near the equipment. Proximity detection technology can prevent these types of accidents. The final rule would strengthen the protection for underground coal miners by reducing the potential of pinning, crushing, or striking hazards associated with working close to continuous mining machines. As a part of the Secretary's strategy for securing safe and healthy workplaces, the OSHA will also undertake regulatory action related to reducing injuries and fatalities to workers in close proximity to moving equipment and vehicles.
Agency: Department of Labor(DOL) Priority: Other Significant
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage
Major: No Unfunded Mandates: No
CFR Citation: 30 CFR 75.1732
Legal Authority: 30 USC 811
Legal Deadline: None

Statement of Need: Mining is one of the most hazardous industries in this country. Miners continue to be injured or killed resulting from pinning, crushing, or striking accidents involving mobile equipment. Equipment is available to help prevent accidents that cause debilitating injuries and accidental death.

Summary of the Legal Basis: Promulgation of this standard is authorized by section 101(a) of the Federal Mine Safety and Health Act of 1977, as amended by the Mine Improvement and New Emergency Response Act of 2006.

Alternatives: No reasonable alternatives to this regulation would be as comprehensive or as effective in eliminating hazards and preventing injuries.

Anticipated Costs and Benefits: MSHA will develop a regulatory economic analysis to accompany the final rule.

Risks: The lack of proximity detection systems on continuous mining machines in underground coal mines contributes to a higher incidence of debilitating injuries and accidental deaths.

Timetable:
Action Date FR Cite
Request for Information (RFI) 02/01/2010 75 FR 5009
RFI Comment Period Ended 04/02/2010
NPRM 08/31/2011 76 FR 54163
Notice of Public Hearing 10/12/2011 76 FR 63238
NPRM Comment Period End 11/14/2011
Final Action 06/00/2012
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Small Entities Affected: Businesses Federalism: No
Included in the Regulatory Plan: Yes
RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Agency Contact:
Roslyn B. Fontaine
Acting Director, Office of Standards, Regulations, and Variances
Department of Labor
Mine Safety and Health Administration
1100 Wilson Boulevard, Room 2350,
Arlington, VA 22209-3939
Phone:202 693-9440
Fax:202 693-9441
Email: fontaine.roslyn@dol.gov