VOLUME IV - METAL AND NONMETAL MINES

REFERENCE	CONTENTS
IV.G-1	Applicablity of 30 CFR 36 to Oil Shale Mines
IV.G-2	Cameras as Part of Inspection Equipment
IV.G-3	Compliance Assistance Visit (CAV)
IV.G-4	Reserved
IV.G-5	Inspection and Sampling Policy for Radiation at Underground Mines
IV.G-6	Inspection of Mines on Idle Shifts
IV.G-7	Inspection of Small Mines
IV.G-8	Jurisdiction Over Alumina Refining Facilities
IV.G-9	Jurisdiction Over Mine Roads
IV.G-10	Jurisdiction Over Refractory Mills
IV.G-11	MSHA/OSHA Interagency Agreement
IV.G-12	Operator Responsibility Over Customer Vehicles
IV.G-13	Portable Operations
IV.G-14	Regular Inspection After Fatal Accident
IV.G-15	Reporting PCB Spills
IV.G-16	Second- and Third-Shift Inspections
IV.G-17	Suspected "Foul Play" Felonies

INTERPRETATION, APPLICATION AND GUIDELINES ON ENFORCEMENT OF 30 CFR

REFERENCE	CONTENTS
PARTS 56/57	SAFETY AND HEALTH STANDARDS - SURFACE/UNDERGROUND METAL AND NONMETAL MINES
Subpart B	Ground Control
56.3130	Wall, Bank, and Slope Stability
56/57.3200	Correction of Hazardous Conditions
56/57.3203	Rock Fixtures
56/57.3401	Examination of Ground Conditions
56/57.3430	Acitivity Between Machinery or Equipment and the Highwall or Bank
57.3461	Rock Bursts
Subpart C	Fire Prevention and Control
57.4057	Underground Flame-Resistant Trailing Cables
57.4460(b)	Underground Storage of Vehicles Containing Gasoline
56/57.4503	Conveyor Belt Slippage and Detection System
56/57.4530	Exits from Buildings or Structures
56/57.4531	Surface Builidings or Rooms for Flammable or Combustible Liquid Storage
56/57.4533	Surface Builidings or Structures in Vicinity of Mine Openings
57.4560	Fire-Retardant Timber in Mine Entrances
Subpart D	Air Quality, Radiation, and Physical Agents
56/57.5001(a)	Nuisance Particles
56/57.5001(a)	Issuing Citations on the Basis of Vacuum Bottle or Bistable Gas Samples
56/57.5001(a)/.5005	Issuing and Terminating Citations
56/57.5002	Dust, Gas, Mist and Fume Surveys by Mine Operators
56/57.5005	Respiratory Protection
56/57.5005(a)	Use of Certified Mercury Respirators
56/57.5005(c)	Definition of Immediately Harmful to Life
57.5039	Maximum Permissible Concentration (Radon Daughters)
57.5040	Exposure Records (Radon Daughters)
57.5045	Posting of Inactive Workings
57.5046	Protection Against Radon Gas
57.5047	Gamma Radiation Exposure Records
56/57.14213	Ventilation for Welding
Subpart J	Travelways and Escapeways
57.11050	Escapeways
57.11055	Inclined Escapeways
Subpart K	Electricity
56/57.12006	Distribution Boxes
56/57.12019	Suitable Clearance Around Stationary Electrical Equipment
56/57.12020	Protection of Persons at Switchgear
56/57.12028	Testing Grounding Systems
56/57.12042	Track Bonding
57.12082	Isolation of Powerlines
57.12084	Branch Circuit Disconnecting Devices
Subpart L	Compressed Air and Boilers
56/57.13015(b)	Records of Inspections of Compressed Air Receivers and Other Unfired Pressure Vessels
56/57.13021	High Pressure Hose Connections
56/57.13030(c)	Records of Inspections and Repairs of Boilers
Subpart M	Machinery and Equipment
56/57.14100	Safety Defects: Examination, Correction, and Records
56/57.14101(a)	Brakes/Minimum Requirements
56/57.14107	Moving Machine Parts
56/57.14109	Unguarded Conveyors With Adjacent Travelways
56/57.14130 and .14131	Providing, Maintaining, and Wearing Seat Belts
56/57.14132(a) and (b)	Horns and Backup Alarms For Surface Equipment
56/57.14201	Conveyor Start-Up Warning
56/57.14211	Blocking Equipment in Raised Position
56/57.14213	Ventilation For Welding
Subpart N	Personal Protection
56/57.15001	First Aid Materials
56/57.15003	Protective Footwear
56/57.15004	Eye Protection
56/57.15006	Protective Equipment and Clothing for Hazards and Irritants
56/57.15030	Provisions and Maintenance of Self-Rescue Devices
Subpart O	Materials Storage and Handling
56/57.16003/.16004	Storage of Hazardous Materials and Containers for Hazardous Materials
56/57.16016	Lift Trucks
Subpart Q	Safety Programs
56/57.18002	Examination of Working Place
57.18028	Mine Emergency and Self-Rescuer Training
Subpart R	Personnel Hoisting
56/57.19025	Hoist Rope Load End Attachments
56/57.19045	Metal Bonnet
56/57.19083	Overtravel Backout Device
56/57.19120	Procedures for Inspection, Testing, and Maintenance
Subpart S	Miscellaneous
56/57.20002	Potable Water
56/57.20005	Carbon Tetrachloride
56/57.20008	Toilet Facilities
56/57.20011	Barricades and Warning Signs
56/57.20012	Labeling of Toxic Materials
Subpart T	Safety Standards for Methane in Metal and Nonmetal Mines
57.22302/	Minimum Air Quantity Formula for Gassy Metal/Nonmetal Mines Operating Multiple Diesel Units
.22303/
.22304/
.22305

GENERAL POLICIES AND PROGRAMS

IV.G-1 Applicability of 30 CFR 36 to Oil Shale Mines
Permissible equipment for gassy metal and nonmetal mines is approved by MSHA under criteria in 30 CFR Part 36. Certain MSHA mandatory standards in 30 CFR Part 57, Subpart T, require special safeguards for equipment used in gassy mines. Standards 57.22302, .22303, .22304 and .22305 specifically require that only permissible equipment be used in designated portions of such mines. Oil shale mines shall be considered within the scope of Part 36 and shall be guided by appropriate standards relative to Part 36.

IV.G-2 Cameras as Part of Inspection Equipment
Frequently, photographs of the scene of an alleged violation, imminent danger or accident are of great assistance in verifying and correcting the conditions or practices resulting in a violation, danger, or accident. Photographs may also be of great assistance in subsequently resolving differences of opinion between the mine operator and the inspector as to the conditions present at the time of citation. Such photographs may benefit both parties by expediting assessment and review proceedings by providing a pictorial illustration of a violation. Accordingly, when the use of a camera would be necessary or helpful in an inspection, the district manager or subdistrict manager may authorize such use subject to the following special restrictions: 

1. All non-gassy metal and nonmetal mines. There are no restrictions on camera use.
2. All gassy metal and nonmetal mines. Tests for methane must be performed prior to any use of a camera. If methane is present at levels in excess of 1%, or if the inspector has reason to believe methane is present, only photographic equipment approved for use in gassy mines by the Approval and Certification Center shall be used.
3. All gilsonite mines. Cameras are prohibited.

The inspectors should make a record of the physical conditions under which the photographs are taken and the date, time and place of each photograph.

A refusal to permit the inspector to carry a camera into the mine will be considered to be a violation of Section 103(a) of the Act and could also be considered an interference or hindrance of the inspector in carrying out the provisions of the Act. If there is a refusal to allow an inspector to take a camera into the mine, an appropriate citation should be issued, and a record should be made of the reason(s) for taking the camera into the mine. The inspection should then be completed.

IV.G-3 Compliance Assistance Visit (CAV)
Under the CAV program for metal and nonmetal mines, MSHA inspectors may make visits to mines in certain situations listed below to point out potential violations without monetary civil penalties being proposed, based on Section 502(b) of the Act which directs the Secretary "...to the greatest extent possible, [to] provide technical assistance to operators in meeting the requirements of this Act and in further improving the health and safety conditions and practices in coal or other mines." A CAV would be conducted only after a request is made by an operator to the appropriate district or subdistrict manager. Such requests should be made at least one to two weeks in advance of the desired date of visit.

The situations where the CAV program is applicable are:

1. New mines not yet producing;
2. Seasonal, closed, or abandoned mines prior to reopening;
3. New facilities or new installations of equipment in an operating mine.

The CAV will cover one or more of the following areas as requested by the operator:

1. Miscellaneous iron installations (guards, walkways, stairways, etc.);
2. Equipment with moving parts (conveyor belts, crushers, screens, etc.);
3. Mobile equipment (trucks, loaders, etc.);
4. Proposed plans and designs;
5. Planned training; and,
6. Other areas as appropriate.

The inspector, while conducting a CAV, will issue notices of violations whenever he observes a potential violation or imminent danger situation. Each notice will be clearly marked "CAV-NONPENALTY" and will not be included in any fashion in the assessment process. Operators should be aware, however, that regular inspections will be made of the operations once they have begun and that during the regular inspections the inspector will look at all of the notices issued during the CAV to ensure that the conditions and practices noted have been corrected. If the correction has not been made, an appropriate citation or withdrawal order will be issued. No additional penalty, monetary or otherwise, will be proposed solely because of the previous CAV.

The inspector, in conducting a CAV, is to proceed directly to the site of the CAV and is not to conduct a regular inspection of the premises. However, should an imminent danger situation be observed, an appropriate order will be issued.

IV.G-4 Reserved

IV.G-5 Inspection and Sampling Policy for Radiation at Underground Mines
Underground metal and nonmetal mines shall be inspected and sampled for radiation hazards as follows:

1. Where radon daughters exceed 0.1 WL, sample quarterly at full-time producing (FTP) underground mines and whenever a regular inspection is conducted at intermittent (INT) underground mines.
2. Sample for radon daughters annually at all other underground metal mines and at other underground nonmetal and stone mines where radon daughters have occurred in the past.
3. Sample remaining underground nonmetal and stone mines for radon daughters every three years.
4. Monitor underground mines for other forms of radiation as warranted.

IV.G-6 Inspection of Mines on Idle Shifts
Inspection of mines or mills on idle shifts shall be limited to places where conditions are practically the same as they would be on working shifts. For instance, escapeways, travelways, explosive and material storage areas, would not be significantly different and could be inspected on idle shifts. At underground mines, shaft inspections could be conducted on an idle shift.

IV.G-7 Inspection of Small Mines
Small operations often do not have the resources normally available to larger mines, and operators or their agents in small mines are frequently themselves working miners. Time devoted to accompanying inspectors often must be subtracted from productive endeavors and may be a financial burden on the operator. In addition, while the Act entitles the operator to accompany the inspector there is no standard requiring the operator to do so.

However, if an inspection is to proceed unaccompanied by the operator or his agent, the inspector shall discuss with the operator or his agent the details of what the inspector may encounter during the inspection in order to ensure the inspector's safety.

To the extent possible, all issues will be addressed during a single inspection so that the number of follow-up inspections for compliance purposes can be reduced to an absolute minimum. This also includes assignment of electrical inspectors and specialists. As far as resources permit, MSHA shall try to avoid scheduling separate electrical, mechanical, or health inspections at small mines.

The close-out conference may be held at a location and time selected by the operator or the operator's agent so long as they are reasonable. Inspectors should make certain that all citations are explained and that the operator or operator's agent is aware of his/her rights to a safety and health conference with the district manager. Abatement dates on citations should be discussed with the operator.

IV.G-8 Jurisdiction Over Alumina Refining Facilities
See Section 3 Definitions, I.3-3, in Volume I of this Manual.

IV.G-9 Jurisdiction Over Mine Roads
See Section 3 Definitions, I.3-2, in Volume I of this Manual.

IV.G-10 Jurisdiction Over Refractory Mills
See Section 4, Mines Subject to the Act, I.4-2, in Volume I of this Manual.

IV.G-11 MSHA/OSHA Interagency Agreement
See Section 4, Mines Subject to the Act, I.4-1, in Volume I of this Manual.

IV.G-12 Operator Responsibility Over Customer Vehicles
It is the responsibility of the operator of a mine to enforce mandatory safety standards on all vehicles entering the mine property. In the area of backup alarms on customer trucks, the requirement could be met in several ways, including the following:

1. Traffic patterns can be established to eliminate the need to backup.
2. Operator personnel can act as observers where trucks are required to backup.

If the loading of customer trucks is being done in a hard hat area, it is the responsibility of the operator to see that all persons in the area wear hard hats. If hard hats are not available to the customer personnel, the following options will meet the requirement of the standard:

1. Rules can be established that while loading, the customer truck drivers must stay in their truck cabs if the cabs are protected by canopies; or
2. If the customer truck drivers must get out of their cabs, designated safe areas must be provided.

IV.G-13 Portable Operations
See Part 41, III.41-2, in Volume III of this Manual.

IV.G-14 Regular Inspection After Fatal Accident 
A regular inspection shall be conducted after the occurrence of a fatal accident, except that such an inspection becomes the judgement decision of the district manager if the mine has received a regular inspection within 60 days prior to the accident. The after-fatal inspection may be counted towards the mandated minimum inspection requirement. However, any mine may receive more than the mandated minimum inspections if dictated by underlying safety and/or health reasons.

IV.G-15 Reporting PCB Spills
Under the authority of the Toxic Substances Control Act, the Environmental Protection Agency (EPA) requires that spills of polychlorinated biphenyl (PCB) be reported whenever the incident poses a substantial risk to human health or to the environment. PCBs have been shown to cause chronic toxic effects in many species even when they exist in very low concentrations. Well documented tests show that PCBs cause, among other things, reproductive failures, gastric disorders, skin lesions, and tumors in laboratory animals.

Workers exposed to PCBs may show a number of symptoms and adverse effects including, but not limited to, chloracne and other epidermal disorders, digestive disturbances, jaundice, impotence, throat and respiratory irritations, and severe headaches.

Spills in mines most commonly result from damage to transformers or capacitors containing PCB dielectric fluid. EPA assumes that a transformer or capacitor contains PCBs if: (1) the nameplate indicates it contains PCB dielectric fluid; or (2) the owner or operator has any reason to believe that it contains PCB dielectric fluid. If a transformer or capacitor does not have a nameplate, and there is no information to indicate the type of dielectric fluid in it, the transformer or capacitor is assumed to contain PCB fluid. PCB dielectric fluids may be listed under the following trade names: Askarel, Aroclor, Pydraul, Therminal, Pyroclor, Santotherm, Pyralene, Pyranol, Inerteen, Asbestol, Chlorextol, Diachlor, Dykanol, Elemex, Hyvol, No-Flamol, Saf-T- Kuhl, Aroclor B, Chorinol, Chlorphen, and Eucarel.

As a general rule, EPA does not require that spills involving a single capacitor be reported unless PCBs threaten to enter a water-course. Minor leaks in transformers, such as bushing leaks or weeping, also do not require reporting. However, such spillage or leaking should be stopped and repaired as soon as possible.

If a spill should occur at a mine, the mine operator's first priority should be to control the spread of the spill by damming or diking the leak. Any threat of contamination to water supplies should be given the highest priority. Appropriate personal protection (e.g., impermeable gloves, boots and aprons, goggles, and respirators) must be worn by persons cleaning up spills pursuant to applicable MSHA regulations.

Once the spill is contained, clean up measures can begin. All materials contaminated with PCBs, including soil and debris, should be collected, stored and disposed of in accordance with EPA regulations.

Upon discovery of a PCB spill, the district manager shall be notified immediately. The district manager is responsible for reporting the spill immediately to the National Response Center operated by the U. S. Coast Guard at 800-424-8802 and the Metal and Nonmetal Division of Health. The Coast Guard will inform the appropriate EPA office. The Coast Guard and/or EPA will take steps to assure that the clean up of the spill is properly handled. Prompt reporting of the incident is necessary to prevent the spread of this toxic chemical into the environment. The district manager should offer to assist EPA or the Coast Guard if needed and should request that they keep him informed of the clean up activities.

EPA regulations and other publications are available in the districts. EPA's regulations on labeling are accepted by MSHA as being in conformance with mandatory standard 30 CFR 56/57.20012.

IV.G-16 Second- and Third-Shift Inspections
The inspector shall make sufficient inspections in multi-shift operations to determine that safe conditions exist and that proper work procedures and practices are applied on all shifts.

IV.G-17 Suspected "Foul Play" Felonies
It is MSHA's policy to cooperate with state and local law enforcement officials in all circumstances where a felony violating state or local law is suspected.

If, in the course of an inspection or investigation, there is reason to believe that foul play has occurred (for example, a death or an injury of suspicious cause or a fire of suspicious origin), the following procedures are to be followed:

1. The inspector or investigator should consult through normal channels with the district manager.
2. The district manager should contact the Administrator's Office and the appropriate Regional Solicitor's Office.
3. After consultation with the Administrator's Office and an attorney in the Regional Solicitor's Office, promptly report the matter to appropriate state or local law enforcement officials.
4. Cooperate with the state and local officials, but ensure that any evidence which may also be relevant to a possible Mine Act violation is preserved.
5. If state or local law enforcement officials wish to participate in MSHA's investigation, the matter first should be cleared with the Supervisory Special Investigator in the Headquarters Office.
6. If only evidence or other information is being shared with state or local law enforcement officials, advance clearance from Headquarters is not necessary, but the Supervisory Special Investigator should be promptly apprised of any such activities or contacts.

Subpart B .... Ground Control

56.3130 Wall, Bank, and Slope Stability
This standard requires that mining methods that will maintain wall, bank, and slope stability shall be used in places where persons work or travel in performing their assigned tasks.

Consistent with this standard, MSHA requires that a bench located immediately above the area where miners work or travel be maintained in a condition adequate to retain material that may slide, ravel, or slough onto the bench from the wall, bank, or slope. However, there may be instances in which the ground conditions at a mine present a particular hazard. In such situations, more than one bench above the area where miners work or travel must be maintained in a condition adequate to retain material that may come onto the bench from the wall, bank, or slope. It is normally expected that one bench will be so maintained, but if more than one bench above the area where miners work or travel is necessary, only the number of benches necessary to provide adequate protection will be required to be maintained.

A bench may be considered adequate even if material has accumulated on the bench. In determining whether a bench with material accumulated on it is adequate, consideration shall be given, but not limited to the following factors: (a) the method of mining; (2) the amount of material on the bench; (3) the amount and rate of material coming onto the bench; (4) the angle of the bank, wall, or slope, particularly if it is close to the angle of repose; (5) the composition of the wall, bank, or slope; and (6) the configuration of the bench.

If the bench immediately above an area where miners work or travel is no longer adequate to catch material, and sending miners and equipment onto the bench to clean it presents a greater hazard than raveling or sloughing, cleaning is not appropriate. Examples of such circumstances may be were there are concerns about the stability of the bench itself, concerns that removal of material from the bench would destabilize the slope immediately above the bench, or concerns that the equipment could overtravel the edge of the bench. Where the bench cannot be safely cleaned, other measures shall be taken to protect miners. Other measures may include placing a berm at the base of the wall, bank, or slope to prevent the overtravel of material into the area where miners work or travel or ceasing mining in the affected area.

56/57.3200 Correction of Hazardous Conditions
This standard prohibits work or travel, other than corrective work, in areas where hazardous ground conditions exist. Posting of a warning against entry is required until corrective work is completed if workers could enter the area inadvertently. In addition, barriers are required if the area is left unattended prior to the completion of the corrective work. The mode of travel in the area must be evaluated to determine what type of barrier is appropriate to "impede" unauthorized entry. Examples of barriers would be piles of muck, piles of large boulders or a timber barricade. These barriers would have openings to allow access for persons who are correcting the hazardous conditions. These posting and barrier requirements do not apply to underground face areas under development where the corrective work is performed on a continuing basis as a part of the mining cycle, and the only workers exposed are those engaged in the corrective activity.

56/57.3203 Rock Fixtures
This standard contains the requirements for installation and testing of all rock fixtures and accessories used for ground support. In all cases where rock fixtures are selected as the method used to support ground, they must meet the requirements of 56/57.3203.

All bolts tensioned by torquing must be within the torque range set out in paragraph (f)(1). Mine operators are required to test the first, tenth and last bolt installed in each work area during the shift as a check on whether or not the torquing requirements are being achieved. When the testing process reveals that a fixture is not properly torqued, steps must be taken to determine the extent of defective installation and to correct all improperly installed fixtures.

The ground conditions in many active face areas require the installation of only a few bolts during each blasting cycle. Testing of the first and last bolts in each work area will help ensure the integrity of the ground in these instances. Where large numbers of bolts are installed on a continuing basis, testing of the first, tenth and last bolt in each work area would normally provide the frequency of testing necessary to identify a bolting problem and enable the operator to take corrective action.

The mine operator must certify that all tests required by this standard have been conducted. In the case of testing of the ASTM bolts and accessories by the manufacturer of the devices, the mine operator's certification responsibility is satisfied by obtaining a copy of the manufacturer's certification and making it available to the inspector.

The correction of improperly installed fixtures will also help to ensure compliance with standard 56.3130 which requires that wall, bank and slope stability be maintained at surface mines where miners are exposed, and standard 57.3360, which requires that ground support systems at underground mines be designed, installed and maintained to control the ground where miners are exposed.

56/57.3401 Examination of Ground Conditions
Under this standard the mine operator must designate the persons experienced in ground control who will examine and test the ground. These persons may be supervisors or miners. Mine management retains the responsibility for examination and testing of ground conditions. The standard also specifies when examinations and tests must be made.

The 57.3401 requirement for examination of travelways is not applicable to escape routes from underground mines. The examination and maintenance of underground escape routes are specifically addressed in 57.11051, Escape Routes.

56/57.3430 Activity Between Machinery or Equipment and the Highwall or Bank
This standard is applicable to surface mines and surface areas of underground mines. It addresses the hazards which exist when persons work or travel near a highwall or bank and their escape from a fall or slide of material could be hindered by the machinery and equipment in their escape path.

If escape could be hindered, no work or travel is permitted. If, however, the machinery or equipment poses no hindrance, the standard is not applicable. Consideration must be given to: the height of the wall or bank; the distance between the equipment and wall or bank; the size and positioning of the equipment; the location of the worker in relation to the escape route; and any surrounding noise levels or distractions which could prevent the detection of falling ground.

Where machinery or equipment becomes disabled near a highwall or bank, the equipment operator can often safely exit on the side away from the hazard. If this is not possible, exit on the wall side is permitted. Remounting on the wall side may also become necessary in order to reposition or move the equipment to a safe location for repairs. When the equipment is not removed for repair, it must be repositioned at the site so that workers will not be exposed to fall of ground hazards from which their escape is hindered.

57.3461 Rock Bursts
This standard requires mine operators to notify MSHA of a rock burst within twenty-four hours of occurrence. It also requires that a rock burst control plan be implemented within ninety days of the occurrence. The plan must be updated as conditions change or controls are altered. When innovations are added to an existing rock burst control program, the changes are considered an "update" in accordance with paragraph (c) of the standard and are to be included in the plan at that time.

Subpart C .... Fire Prevention and Control

57.4057 Underground Flame-Resistant Trailing Cables
This standard requires that underground trailing cables be flame-resistant in accordance with 30 CFR 18.64. Section 18.64(f) specifies that an acceptance marking be imprinted on the cable for identification purposes.

The attached list, "Manufacturers of Cables with MSHA Acceptance Numbers," can be used to verify accepted cables. An approval number will be accompanied by letter designations which denote the governmental division granting approval -- MSHA, MESA, BM (Bureau of Mines), P (Pennsylvania Bureau of Mines), etc. Cables which are marked with the prefix "P" for Pennsylvania approval shall be considered acceptable if the number is followed by an MSHA, MESA or BM notation.

When a trailing cable is imprinted with a series of numbers or letters which do not appear on the attached list, the Approval and Certification Center (A&CC) at Triadelphia, West Virginia shall be contacted for assistance in determining the acceptability of the cable. This includes newly manufactured cables which may be determined to be acceptable subsequent to the printing of the attached list.

Inquiries regarding the approval of underground trailing cables should be directed to the MSHA Approval and Certification Center, Triadelphia, West Virginia (304) 547-0400 or FTS 723-1451.

57.4460(b) Underground Storage of Vehicles Containing Gasoline
Gasoline-powered vehicles may be operated in underground mines under limited circumstances as defined in 30 CFR 57.4461. These vehicles and the gasoline in their tanks are considered to be "in use." The underground "storage" of gasoline is prohibited in any quantity by 30 CFR 57.4460(b).

The storage of any vehicle in an active underground mine having gasoline in its tank shall be considered a violation of 30 CFR 57.4460(b) and an appropriate citation shall be issued.

When a gasoline-powered vehicle is being operated underground as mining equipment in compliance with 30 CFR 57.4461, the vehicle and the gasoline in its tank are considered to be "in use" and are not in violation of part 57.4460(b).

56/57.4503 Conveyor Belt Slippage and Detection System
This standard requires that belt conveyors shall be equipped with a detection system capable of automatically stopping the drive pulley in the event of excessive slippage of the belt, where ignition of the belt could create a hazard to personnel. The detection systems required by this standard are available on an over-the-counter basis from several manufacturers.

For surface operations, areas that could create a hazard to personnel in the event of a fire include the following:

1. Surge tunnels.
2. Conveyor belts located in areas where other combustible or flammable materials are stored within 25 feet of the belt. This is to prevent a conveyor belt fire from spreading and becoming a large and more serious fire. The policy is consistent with distances used as safeguards in the electrical and explosives standards.
3. Any restricted area where a conveyor belt fire could hinder the escape of personnel who normally work in that area.

56/57.4530 Exits From Buildings or Structures
This standard requires that surface buildings or structures in which persons work shall have a sufficient number of exits to permit prompt escape in case of fire. The standard applies to buildings or structures where persons normally work.

Excluded from the requirements of this standard are those areas where persons work infrequently, e.g., change rooms, surge tunnels, toilet facilities, and cafeterias. "Exits" may be doorways, passageways, windows, or other openings that lead out of the building or structure. While the standard uses the word "exits", a single exit may be acceptable where it permits the prompt escape of persons in case of fire.

When considering what constitutes sufficient exits, the following factors should be considered: (1) the size of the exit(s); (2)the height of the exit(s) from the ground; (3) the size of the building; (4) the number of persons who normally work in the area serviced by the exit(s); (5) the nature of the operations; (6) the presence of potential fire hazards; (7) the type of materials with which the building is constructed, e.g., wood, brick, block, stone, metal, concrete; and (8) the presence of fire suppression devices or the availability of fire extinguishers.

56/57.4531 Surface Buildings or Rooms for Flammable or Combustible Liquid Storage
57.4533 Surface Buildings or Structures in Vicinity of Mine Openings
Standard 56/57.4531 requires that certain ventilation and construction measures be included in buildings and rooms where flammable or combustible liquids are stored on the surface, if the storage is located within 100 feet of a work station. Standard 57.4533 requires that surface buildings and similar structures located within 100 feet of certain mine openings be constructed with specified fire protection characteristics.

Several compliance alternatives are permitted for achieving appropriate fire protection in both standards. If a mine operator chooses alternative (b)(1) of 30 CFR 56/57.4531 or alternative (b) of 57.4533, difficulty may be encountered in determining what types of construction meet a fire-resistance rating of at least one hour. MSHA enforcement personnel may also need assistance in recognizing one hour fire resistant construction due to the numerous combinations of techniques and materials which may be used.

Clarification in this regard is contained in the section on "Fire Safety in Building Design and Construction," pages 6-60 through 6-79 of the Fire Protection Handbook, 14th Edition, Section 6, Chapter 7 entitled Structural Integrity During Fire, published by the National Fire Protection Association (NFPA). This reference material provides fire resistance ratings for certain types of material and its related thickness for such structural components as beams, joists, trusses or girders, load-bearing walls, stud walls and partitions, various finishes over wood framing, and floor and roof construction. Additional information regarding fire resistant building materials and assemblies may be retrieved from Underwriters Laboratories Inc., The Factory Mutual System, The National Bureau of Standards, trade association publications, and various building codes.

57.4560 Fire-Retardant Timber in Mine Entrances
Standard 57.4560 provides mine operators with three alternative methods of compliance to deter the propagation of fire in certainties openings when support timber is in place. One of those alternatives is the coating of timber with a fire-retardant which provides a flame spread rating of 25 or less.

Flame spread ratings may be established by a testing agency or by MSHA at the request of the manufacturer. Flame spread ratings may be indicated by a document from the testing agency, a written statement from the manufacturer or by product labels which specify the rating according to test results. The attached list, "Mine Sealants Accepted From 1977 to 1985" (including mortar replacements), has been accepted by MSHA's Approval and Certification Center for compliance with this requirement. This list is updated by the Center regularly, and the Engineering and Testing Division, Materials and Explosions Testing Branch should be contacted on FTS 723-1451 or (304) 547-0400, when appropriate, to obtain the current list. Other products are also acceptable if evidence of a flame spread rating of 25 or less can be shown through test results.

Subpart D .... Air Quality, Radiation, and Physical Agents

56/57.5001(a) Nuisance Particulates
The only nuisance particulates for which a citation can be issued are those that are listed specifically as nuisance particulates in Appendix E of the 1973 TLV Booklet and exceed the 10 mg/m3TLV. At mines where the commodity produced is an unlisted nuisance particulate, and there is no silica hazard, continue to sample and analyze airborne dusts for listed toxic substances and take appropriate enforcement action.

56/57.5001(a) Issuing Citations on the Basis of Vacuum Bottle or Bistable Gas Samples
Vacuum bottle or bistable gas samples may be used as the principal determining factor in classifying a mine as gassy (30 CFR 57.22003). However, vacuum bottle and bistable gas samples cannot be used as the basis for the issuance of citations or orders unless arrangements for special sampling bottles are made. The principal use of vacuum bottles and bistables is for rough screening to determine if potential problems exist which require more thorough evaluation.

56/57.5001(a)/.5005 Issuing and Terminating Citations
Except where indicated, inspectors shall treat standards 56/57.5001 and 56/57.5005 as one standard when issuing citations. Issue one 56/57.5001(a)/.5005 citation for each miner whose exposure to airborne contaminant(s) exceeds the contaminant's enforcement level. The Metal and Nonmetal Health Inspection Procedures Handbook provides instructions on calculating the contaminant's enforcement level.

The body of the citation must contain all pertinent information, such as: the contaminant's permissible exposure limit (PEL) and error factor; the shift or time-weighted average (SWA/TWA); the date of the overexposure; the date of the citation; the miner's location and job description; whether an adequate respirator was provided and worn and a respiratory protection program was in place consistent with 56/57.5005; and the reason for the overexposure, such as obvious deficiencies or breakdowns in the operator's control system. The citation's initial abatement date should reflect the time needed to provide an appropriate respirator and develop a respiratory protection program consistent with 56/57.5005. Give less time if you can identify more expedient controls that will bring the miner's exposure into compliance. For highly toxic or dangerous contaminants, keep the abatement time to a minimum.

Once the operator's respiratory protection program is in place, extend the citation's abatement date to allow a reasonable time to utilize engineering or administrative controls. You do not need to modify the standard number, 56/57.5001(a)/.5005, when the operator has the respiratory protection program in place.

Initially write the citation to require feasible engineering or administrative controls provided the overexposed miner was already wearing an appropriate respirator and the operator had an appropriate respiratory protection program. The operator may use an appropriate respirator and respiratory protection program instead of such controls when the miner is installing controls or occasionally enters hazardous atmospheres to perform maintenance or investigation.

Terminate a citation when the use of administrative or engineering controls reduces the miner's exposure to the contaminant's enforcement level. If the miner's exposure exceeds the enforcement level, citations can only be terminated when the operator has used all feasible engineering and administrative controls, has an appropriate respiratory protection program, and the miner is wearing an appropriate respirator.

If the operator fails to provide an appropriate respirator and implement an appropriate respiratory protection program within the abatement time, and further extension of the abatement time is not warranted, a 104(b) order can be issued. The order can be modified, once an appropriate respirator and respiratory protection program are provided, to allow the operator to continue to operate until feasible administrative or engineering controls are established.

Where MSHA requires a respiratory protection program for compliance, inspectors can cite without resampling if the operator fails to follow the program's requirements. In such a case, cite 56/57.5005 alone as the standard violated.

56/57.5002 Dust, Gas, Mist and Fume Surveys by Mine Operators
These standards require mine operators to conduct dust, gas, mist and fume surveys as frequently as necessary to determine the adequacy of control measures. The purpose is to help assure that the miners are not exposed to harmful concentrations of airborne contaminants.

These standards apply to those air contaminants covered under 30 C.F.R. §§ 56/57.5001(a) and (b) and do not apply to standards for radon, diesel particulate matter, or noise since those standards contain specific monitoring requirements. Mine operators must demonstrate compliance with 56/57.5002 rather than relying on enforcement interventions. MSHA emphasizes that mine operators:

• Plan - A system to survey for dust, fume, gas, and mist to determine adequacy of control measures.
• Prevent - Miners' exposure to these hazards.
• Protect - Miners from adverse health effects due to exposures to airborne contaminants.

If the result of any samples taken during a survey under 30 C.F.R. §§ 56/57.5002 indicates that a miner's exposure to a dust, gas, mist, or fume is greater than the exposure limit, MSHA expects the operator to adjust control measures and conduct additional surveys to determine whether control measures are adequate in reducing exposures. Thereafter, the operator is required to survey as frequently as necessary to determine the adequacy of control measures.

During Agency inspections, MSHA will evaluate operator activities to verify evidence of surveys.

The term "survey" denotes any information collection method that:

• Yields information as to miners' exposures to harmful airborne contaminants, or
• Yields information as to the effectiveness of controls in reducing exposures to harmful airborne contaminants.

Sections 56/57.5002 do not specify the type of surveys that may be conducted. Surveys may be quantitative or qualitative. Quantitative surveys include exposure monitoring/sampling or wipe sampling as they provide a direct measure of potential exposures. Such surveys should be conducted in accordance with established scientific principles, such as NIOSH, OSHA, MSHA, or equivalent analytic methods. Qualitative surveys can include vehicle maintenance, ventilation system maintenance, dust control system maintenance and walk-through inspections. Other surveys can include miner input, results from medical surveillance, or information obtained from injury/illness/accident reports. MSHA will also determine whether the surveys being conducted are adequate for determining whether controls are effective in reducing exposures to airborne contaminants.

MSHA will determine whether the surveys being conducted are frequent enough for determining whether controls are effective in reducing exposures to airborne contaminants. Factors which may influence the frequency of inspections can include: sampling results approaching the Threshold Limit Value (TLV), changes in the mining operation (e.g., hazards or environmental agents; changes in control equipment used to reduce exposures), changes in the work schedule (e.g., if workers worked longer shifts), changes in work procedures, or whether controls need routine or special maintenance (e.g., vehicle cabs, ventilation systems, dust collection systems).

MSHA can verify whether surveys are being conducted by various means including reviewing any existing records maintained by the operator, interviewing miners and operators, or visually inspecting the work area.

56/57.5005 Respiratory Protection
Standard 56/57.5001(a) requires that a miner's exposure shall not exceed the permissible limit of any substance on the TLV list. When the TLV is exceeded, standard 56/57.5005 mandates that operators install all feasible engineering controls to reduce a miner's exposure to the TLV. Respiratory protection is required when controls are not feasible, as well as when establishing controls, and during occasional entry into hazardous atmospheres to perform short-term maintenance or investigations. Whenever respirators are required, operators must establish a respirator program containing all elements of the standard, which incorporates ANSI Z88.2-1969. The inspector must evaluate the effectiveness of the respiratory protection in order to determine whether miners are protected from overexposure. If the operator's respiratory protection program fails to include proper selection and fit testing, the .5001(a)/.5005 violation is significant and substantial ("S and S").

Respirator selection directly affects the efficiency of the respirator. Respirators are designed to protect wearers from inhalation of hazardous atmospheres. There are many different types of respirators but each is limited in protection and application. A respirator can only protect against atmospheres for which it is designed. Without proper selection a serious health hazard may occur. A serious hazard may also occur if the respirator, even though properly selected, is not fitted as required by the standard. Fit testing is essential in order to assign the correct model and size respirator to a miner. Otherwise, it is likely that the respirator will leak and the miner will be overexposed to the toxic substance.

There are other factors that should be considered by the inspector on a case-by-case basis when determining whether the violation should be "S and S" with regard to an operator's respiratory protection program. These factors include training, cleaning and sanitizing, and maintenance of respirators.

With regard to listed nuisance particulates and silver metal overexposures between 0.01 mg/m3 and 0.1 mg/m3, operators must use engineering controls to reduce exposure to the permissible limit and comply with the respiratory protection requirements of standard 56/57.5005. However, the .5001(a)/.5005 citation for overexposure to nuisance particulates and to silver metal in the above concentration range is not "S and S." Overexposures to soluble compounds of silver, such as silver nitrate, above 0.01 mg/m3 should be considered "S and S" if adequate protection was not worn.

56/57.5005(a) Use of Certified Mercury Respirators
For mercury vapor, the use of MSHA-NIOSH certified chemical cartridge respirators is required. This is the belt-mounted Comfo II respirator with Mersorb cartridges. The purpose of the belt-mounted design is to allow the wearer to easily observe the saturation indicator on the mercury cartridge. The use of face-mounted MSA Comfo II respirators with Mersorb cartridges is only acceptable in work situations where the breathing tube of the belt-mounted respirator can become a safety hazard, the work performed causes tension on the breathing tube which can break the seal, or the breathing tube is too short for the wearer and provided that visual checks of the cartridge indicators are made every half hour. The checks on the face-mounted respirator can be made by looking into a mirror or by checking the respirator in uncontaminated air. Because leakage of mercury vapor into the respirator cannot be detected by the wearer, it is critical that a good facepiece-to-face seal be maintained and that the indicator be monitored to prevent breakthrough through the cartridges.

56/57.5005(c) Definition of Immediately Harmful to Life
The definition of "immediately harmful to life" in this standard is the same as that of "immediately dangerous to life or health" (IDLH) as defined by NIOSH, which is acute respiratory exposure that poses an immediate threat of loss of life, immediate or delayed irreversible adverse health effects, or acute eye exposure that would prevent escape from a hazardous atmosphere.

57.5039 Maximum Permissible Concentration (Radon Daughters)
Except as provided by standard 57.5005, persons shall not be exposed to air containing concentrations of radon daughters exceeding 1.0 WL in active workings. In enforcing this standard, the error factor for radon daughter sampling of 20% should be taken into consideration. This means that citations are to be issued when the measured radon daughter concentrations are in excess of 1.20 WL.

Also, this standard applies only to active work areas when workers are present or scheduled during the shift and, if workers are not present or scheduled, when evidence is available that other personnel normally enter the work area during the shift.

57.5040 Exposure Records (Radon Daughters)
"Significant and Substantial" Violation Inadequate recordkeeping may result in excessive exposures to radiation going undetected and unremedied. Where the violation has actually or potentially contributed to this hazard, the citation will be designated "significant and substantial." Generally, such findings will be appropriate where:

1. The operator fails to keep personal exposure records, or
2. The operator has falsified or altered records or continuously understated the accumulated exposures.

Where such failures are the result of the operator's disregard for the recordkeeping requirements, such violation may also be considered unwarrantable.

In cases where no hazard results, a violation shall be cited as a technical violation without "significant and substantial" findings. 

Respirator Credit
Where respiratory protection is used pursuant to 57.5044 and in compliance with 57.5005, that is, entry into hazardous areas for reasonable periods of time to establish controls or occasional entry for investigative or maintenance purposes, MSHA will allow respirator credit on mine employees' radon daughter exposure records. Respirators used for protection against radon daughters must be capable of removing 90 percent of the radon daughters from the respired air.

Credit will not be allowed for the wearing of respirators while performing any type of production work, regardless of the radiation levels.

57.5045 Posting of Inactive Workings
Inactive workings in which radon daughter concentrations are above 1.0 WL shall be posted against unauthorized entry and designated by signs indicating them as areas in which approved respirators shall be worn.

This standard applies to inactive workings (e.g., worked-out sections only). Active workings are subject to 57.5039. See 57.2 for the definition of "active workings" and 57.5040(a)(1) for examples of areas considered "active workings." Standards 57.5044 and 57.5046 for respiratory protection apply to both active and inactive workings.

57.5046 Protection Against Radon Gas
Where radon daughter concentrations exceed 10.0 WL, respirator protection against radon gas shall be provided (in addition to protection against radon daughters).

Because of the rare special circumstances of working in atmospheres that contain radon daughters above 10.0 working levels, there are no respirators or gas masks specifically approved by NIOSH for removal of radon gas. A self-contained breathing apparatus or a continuous flow airline (pure-air) respirator would satisfy the requirements of this standard.

57.5047 Gamma Radiation Exposure Records "Significant and Substantial" Violation
Inadequate gamma radiation exposure records may result in undetected and unremedied excessive exposures (see 57.5047(d)). Where the violation of 57.5047 has actually or potentially contributed to this hazard, the resulting citations will be designated "significant and substantial." Generally, such findings will be appropriate where:

1. The operator fails to keep personal exposure records, or
2. The operator has falsified or altered records or continuously understated the accumulated exposures.

Where such failures are the result of the operator's disregard for the recordkeeping requirements, such violation may be considered unwarrantable.

In cases where no hazard results, a violation shall be cited as a technical violation without "significant and substantial" findings.

56/57.14213 Ventilation for Welding
This is a work practice standard intended to reduce the concentration of airborne contaminants from welding below levels which may cause health impairment. In ventilation for welding fume control, local exhaust ventilation is better than dilution ventilation, and general dilution ventilation is better than natural ventilation.

This standard should be cited whenever welding is performed in a confined area without any detectable ventilation. For the health field notes, collect information on the number of persons exposed, type of welding being used, type of rod used, surface welding performed on, description of work area, length of time welding was done, type and use of personal protective equipment, and any other pertinent information.

Subpart J .... Travelways and Escapeways

57.11050 Escapeways
This standard requires two or more separate escapeways to the surface at every underground mine. However, a second escapeway is recommended, but not required, during the exploration or development of an ore body. In this application, "exploration or development of an ore body" should be used in its narrowest sense, i.e., while an ore body is being initially developed, or development or exploration work is being conducted as an extension of a currently producing mine. Where mining occurs along a mineralized zone and production and development are indistinguishable as separate activities, the standard must be applied as it would to a producing mine.

A violation of 30 CFR 57.11050(a) exists and a citation must be issued whenever fewer than two functional escapeways out of an underground metal or nonmetal mine are available to miners working underground, even if the mine operator has started correcting the condition which caused the second escapeway to be nonfunctional. No violation of 30 CFR 57.11050(a) exists, however, if, upon there being fewer than two functional escapeways, the mine operator immediately initiates a continuous withdrawal of miners to the surface.

A "properly maintained" escapeway is an escapeway that is functional, providing the miners with a safe means of egress to the surface during a mine evacuation. There may be temporary periods when an escapeway is not immediately available however, the functionality is still intact.

The following examples demonstrate situations that the Agency would consider to be functional escapeways. No violation of 30 CFR 57.11050(a) would exist in these circumstances:

1) When maintenance, repairs, or other interruption of service, and the removal from service does not affect the functional ability of the escapeway to enable miners to reach the surface in an emergency. For example, an interruption of service that would not usually affect the functioning of the escapeway would include the lubricating of hoist ropes, adjustment of hoist gates, replacement of bolts on the shaft guides, or the inspection of shafts, adits, or conveyances. If the functioning escapeway would not be impaired or affected in any way, i.e., if the work being performed or the inspection of the escapeway can immediately be terminated and the miners can resume using the escapeway, the Agency would consider the escapeway to be "properly maintained."

2) When it is necessary to use the escapeway to lower mining equipment into, or retrieve mining equipment from the mine, and only miners facilitating the lowering or retrieving of mining equipment remain underground. As in the situation of miners working underground to perform maintenance or repair on the escapeway itself, in this situation the escapeway can be rapidly returned to service and only a few miners are stationed underground. The Agency believes that this policy interpretation reflects a reasonable accommodation of the concern for miners stationed underground to have a second escapeway out of the mine and the need to lower and retrieve mining equipment.

In setting an abatement time for any violation described above, an inspector or other authorized agency representative should, at a minimum, consider the following factors: the hazard(s) to miners, the time required to safely evacuate all but necessary maintenance personnel from the mine, the type of self-rescue devices available, the notification of all miners underground of the unavailability of the nonfunctional escapeway (including the instructions for use of the remaining escapeway in the case of an emergency), and the time required to return the affected escapeway to operation. The violation is abated when at least two escapeways are again fully functional or miners are no longer underground.

The second paragraph of this standard directs the positioning of a refuge within 30 minutes of a working place, where an employee cannot safely reach the surface within an hour.

57.11055 Inclined Escapeways
This standard requires an emergency hoisting facility only for that portion of a designated escapeway which is inclined more than 30 degrees and that is more than 300 feet in vertical extent. The vertical extent refers only to a continuous portion of a designated escapeway, and not to a composite of portions each less than 300 feet but more than 300 feet when combined.

Subpart K .... Electricity

56/57.12006 Distribution Boxes
This standard requires that distribution boxes be provided with a disconnecting device for each branch circuit. Such a disconnecting device shall be equipped or designed in such a manner that it can be determined by visual observation when such a device is open and that the circuit is deenergized. The distribution box shall be labeled to show which circuit each device controls.

A distribution box is defined under "Definitions" in 56/57.2. Many distribution boxes or power centers have a window at each individual circuit where it can be visually determined whether the circuit is deenergized or not. Where plugs are used at the distribution box to provide current for individual circuits, it can be visually determined when these plugs are not connected. When plugs are used, they shall conform to the requirements of standard 56/57.12084.

56/57.12019 Suitable Clearance Around Stationary Electrical Equipment
This standard requires that where access is necessary, suitable clearance shall be provided at stationary electrical equipment or switch gear. The intention of this standard is to provide sufficient access and working space around such electrical equipment to insure worker safety and to avoid contact by persons with electrical components.

The standard is intended to apply to the many and varied situations that do or will exist on mine property. Among the general factors to be considered in determining "suitable clearance" are voltages and conductors (including size), insulation, guards, existing passage or working space, direction of access to electrical components, potential exposure to live or exposed electrical parts, and the grounding of live parts.

The current editions of the National Electrical Code and the National Electrical Safety Code may be used as guidance in determining "suitable clearance." The provisions of the National Electrical Code for safe work clearances around electrical equipment can be found in Article 110 ("Requirements for Electrical Installations") and Article 710 ("Over 600 Volts, Nominal, General"). Part 1 of the National Electrical Safety Code contains two sections that may be of assistance: Section 11 ("Protective Arrangements in Electrical Supply Stations") and Section 12 ("Protective Arrangements of Equipment"). The National Electrical Code may be obtained from the National Fire Protection Association, 470 Atlantic Avenue, Boston, Massachusetts 02210. The National Electrical Safety Code (also referred to as ANSI-C2) may be obtained from the Institute of Electrical and Electronics Engineers, Inc., National Bureau of Standards, 345 East 47th Street, New York, New York 10017.

Areas around stationary electrical equipment or switch gear should be restricted to authorized persons. Normal travel by or through such equipment should not be allowed unless no other travelway is available. However, if persons do travel by stationary electrical equipment, standard 56/57.11001 requires that a safe means of access be provided.

56/57.12020 Protection of Persons at Switchgear
This standard requires that dry wooden platforms, insulating mats, or other electrically nonconductive material shall be kept in place at all switchboards and power-control switches where shock hazards exist. However, metal plates on which a person normally would stand and which are kept at the same potential as the grounded, metal, non-current-carrying parts of the power switches to be operated may be used.

Switchgear, regardless of voltage, which has exposed energized parts should have insulating platforms or mats. See paragraph 3 below.

1. Low voltage (650 volts or less) switchgear which is completely enclosed in metal enclosures does not normally present a shock hazard if the metal enclosures are well grounded. Metal enclosures are well grounded if two or more good paths to ground are ground wire, rigid steel conduit, grounded building steel, or cable armor. Any combination of these examples which will provide two or more good paths to ground for fault current would eliminate the need for insulating mats at power switches rated 650 volts or less.
2. High voltage (more than 650 volts) switchgear should be completely enclosed in grounded metal enclosures and provided with grounded operating handles and grounded metal plates, because of the increased hazard presented by the higher voltages. Insulating mats or platforms should be used where shock hazards exist, and where physical conditions (wet, damp, and outdoor locations, etc.) warrant their use. However, at normally dry and well kept indoor installations (substation or switchgear) with grounded metal plates, insulating mats or platforms would not provide additional protection.
3. The older type switchgear, regardless of voltage rating, which has exposed energized parts should have an insulating platform or mat with an insulation rating not less than the phase-to-phase voltage of the circuit.

56/57.12028 Testing Grounding Systems
This intent of this standard is to ensure that continuity and resistance tests of grounding systems are conducted on a specific schedule. These tests will alert the mine operator if a problem exists in the grounding system which may not allow the circuit protective devices to quickly operate when faults occur. With the exception of fixed installations, numerous fatalities and injuries have occurred due to high resistance or lack of continuity in equipment ground systems. These accident could have been prevented by proper testing and maintenance of grounding systems.

Grounding systems typically include the following:

1. equipment grounding conductors - the conductors used to connect the metal frames or enclosures of electrical equipment to the grounding electrode conductor;
2. grounding electrode conductor - the conductors connecting the grounding electrode to the equipment grounding conductor; and
3. grounding electrodes - usually driven rods connected to each other by suitable means, buried metal, or other effective methods located at the source, to provide a low resistance earth connection.

Operators shall conduct the following tests

1. Equipment grounding conductors - continuity and resistance must be tested immediately after installation, repair, or modification, and annually if conductors are subjected to vibration, flexing or corrosive environments;
2. Grounding electrode conductor - continuity and resistance must be tested immediately after installation, repair, or modification, and annually if conductors are subjected to vibration, flexing or corrosive environments; and
3. Grounding electrodes - resistance must be tested immediately after installation, repair, or modification, and annually thereafter.

Conductors in fixed installations, such as rigid conduit, armored cable, raceways, cable trays, etc., that are not subjected to vibrations, flexing or corrosive environments may be examined annually by visual observation to check for damage in lieu of the annual resistance test. When operators elect to conduct this visual examination as a method of compliance with 30 CFR 56/57.12028, MSHA will require that a record be maintained of the most recent annual visual examination.

The grounding conductors in trailing cables, power cables, and cords that supply power to tools and portable or mobile equipment must be tested as prescribed in the regulation. This requirement does not apply to double insulated tools or circuits protected by ground-fault-circuit interrupters that trip a 5 milli-amperes or less.

Testing of equipment grounding conductors and grounding electrode conductors is not required if a fail-safe ground wire monitor is used to continuously monitor the grounding circuit and which will cause the circuit protective devices to operate when the grounding conductor continuity is broken.

A record of the most recent resistance tests conducted must be kept and made available to the Secretary or his authorized representative upon request. When a record of testing is required by the standard, MSHA intends that the test results be recorded in resistance value in ohms.

56/57.12042 Track Bonding
This standard requires that both rails shall be bonded or welded at every joint, and rails shall be crossbonded at least every 200 feet if the track serves as a return trolley circuit. When rails are moved, replaced or broken bonds are discovered, they shall be rebonded within three working shifts.

A citation for a violation of this standard should not be issued until the end of the third working shift after rails are moved, replaced or a broken bond is discovered. That is, assuming a three shift operation, if a broken bond is discovered on a day shift, the citation shall be issued at the end of the next day shift if the broken bond is still unrepaired. A citation shall not be issued if the bond has been repaired within this period of time.

The bonding (or welding) of the rails shall be completed before any new installation of track is placed in regular or production operation. In a new area of the mine or major track installation, the bonding of both rails shall be completed in conjunction with, and progress with, the laying of rail lengths.

57.12082 Isolation of Powerlines
This standard requires that powerlines shall be well separated or insulated from waterlines, telephone lines, and air lines. Additional insulation is not required between powerlines and waterlines, telephone lines, and air lines if the insulation of the powerlines, as provided by the manufacturer, is in its original condition.

When powerlines are found to be in contact with water, telephone, or air lines, a careful check must be made of the condition of the insulation of the entire cable. If the cable contains splices, they must be vulcanized or of an equivalent type. Any insulation splits, cuts or other signs of cable abuse must be repaired in order to eliminate the possibility of "electrical tracking" and in order to make the insulating qualities of the splice or repair approximate the original dielectric quality provided by the manufacturer.

57.12084 Branch Circuit Disconnecting Devices
This standard requires that disconnecting switches that can be opened safely under load shall be provided underground at all branch circuits extending from primary power circuits near shafts, adits, levels and boreholes.

"Branch circuit" means that portion of a wiring system extending beyond the final overcurrent device protecting the system. It follows that any circuit ahead of the branch circuit is considered a primary circuit.

Subpart L .... Compressed Air and Boilers

56/57.13015(b) Records of Inspections of Compressed Air Receivers and Other Unfired Pressure Vessels
Section (b) of standard 56/57.13015 requires that records of inspections made by inspectors holding a valid National Board Commission shall be retained by the mine operator in accordance with the requirements of the National Board Inspection Code (progressive record - no limit on retention time) and shall be made available to the Secretary or his authorized representative.

The recordkeeping requirement may be satisfied by an operator's written statement that the inspections have been made in accordance with the incorporated code. MSHA will accept such a certifying statement annually, without regard to format, if it is made available at the time of inspection.

56/57.13021 High Pressure Hose Connections
This standard requires the use of safety chains or other suitable locking devices at certain high-pressure hose-to-hose or hose-to-machine connections. Quick-coupling connectors are considered to be in compliance with this standard without safety chains or other locking devices if the wire used to hold the connectors is actually in use.

56/57.13030(c) Records of Inspections and Repairs of Boilers
Section (c) of standard 56/57.13030 requires that records of inspection and repairs be retained by the mine operator in accordance with the requirements of the ASME Boiler and Pressure Vessel Code and the National Board Inspection Code (progressive records - no limit on retention time) and shall be made available to the Secretary or his authorized representative.

The recordkeeping requirement may be satisfied by an operator's written statement that the inspection and/or repairs have been made in accordance with the incorporated code. MSHA will accept such a certifying statement annually, without regard to format, if it is made available at the time of inspection.

Subpart M .... Machinery and Equipment

56/57.14100 Safety Defects: Examination, Correction, and Records
This standard applies to all off-road and on-road self-propelled equipment used on mine property, including vehicles such as vans, suburbans, and pick-up trucks that are used at mine sites and remain on mine property. In most instances, it does not apply to vehicles used to transport persons between locations off mine property to mine property; however, if such vehicles transport personnel on mine property (e.g., from the gate to various sites at the mine), then such equipment must be inspected.

This standard will not be cited when an audible warning device has been installed on heavy duty mobile equipment at surface mines and surface operations of underground mines, but is inoperative because of electrical or mechanical defect.

Standard .14132 shall be used when the equipment has not been equipped with audible warning devices, or when they have been so equipped, and the device is not operational for whatever reason.

In some cases, mine operators have installed audible reverse alarms on underground equipment because prevailing conditions have dictated the need for a warning device to ensure miner safety. In this instance, Standard .14100 can be considered if the alarm is inoperable or inaudible and the defect can be shown to affect the safety of workers in the area. Surrounding noise levels, confined work areas, and distracting work assignments shall be considered at the time.

56/57.14101(a) Brakes/Minimum Requirements
Subsection (a) is divided into three parts. Part (1) of this subsection sets a minimum performance standard for service brake systems on self-propelled mobile equipment. Part (2) sets a minimum performance standard for parking brakes on self-propelled mobile equipment. Part (3) sets a maintenance standard for all braking systems on self-propelled mobile equipment.

Standard 56/57.14101(a)(1) should be cited if a service brake system is not capable of stopping and holding the equipment with its typical load on the maximum grade it travels.

Standard 56/57.14101(a)(2) should be cited if the parking brakes are not capable of holding the equipment with its typical load on the maximum grade it travels.

Standard 56/57.14101(a)(3) should be cited if a component or portion of any braking system on the equipment is not maintained in functional condition even though the braking system is in compliance with (1) and/or (2) above. It is important to note that if a component or portion of either system renders the equipment incapable of stopping or holding itself with its typical load on the maximum grade it travels, the appropriate standard, 56/57.14101(a)(1) or (2), should be cited.

Separate citations or orders should be issued if violations of 56/57.14101(a)(1) and 56/57.14101(a)(2) are found on the same piece of equipment.

56/57.14107 Moving Machine Parts
All moving parts identified under this standard are to be guarded with adequately constructed, installed and maintained guards to provide the required protection. The use of chains to rail off walkways and travelways near moving machine parts, with or without the posting of warning signs in lieu of guards, is not in compliance with this standard.

Conveyor belt rollers are not to be construed as "similar exposed moving machine parts" under the standard and cannot be cited for the absence of guards and violation of this standard where skirt boards exist along the belt. However, inspectors should recognize the accident potential, bring the hazard to the attention of the mine operators, and recommend appropriate safeguards to prevent injuries.

This standard is to be cited when a guard at conveyor locations does not extend a distance sufficient to prevent any parts of a person from accidentally getting behind the guard and becoming caught, or in those instances when there is no guard at the conveyor-drive, conveyor-head, conveyor-tail, or conveyor take-up pulleys.

56/57.14109 Unguarded Conveyors With Adjacent Travelways
Sections 56/57.14109 require unguarded conveyors next to travelways to be equipped with emergency stop devices or railings. A travelway is defined in 30 CFR §§ 56/57.2 as a passage, walk or way regularly used and designated for persons to go from one place to another. If an unguarded conveyor has travelways on each side of it, both unguarded sides must be equipped with emergency stop devices or railings.

Under Sections 56/57.14109(a), emergency stop devices must be located so that a person falling on or against the conveyor can readily deactivate the conveyor drive motor. MSHA expects that a miner would be able to readily reach the emergency stop device to activate it and that the device would be located along the portion of the unguarded conveyor that is adjacent to a travelway.

Under Sections 56/57.14109(b), railings must: (1) be positioned to prevent persons from falling on or against the conveyor; (2) withstand the vibration, shock, and wear to which it will be subjected during normal operation; and (3) be constructed and maintained so that it will not create a hazard. MSHA expects that railings would be located along the portion of the unguarded conveyor that is adjacent to a travelway.

Neither the conveyor installation nor its framework is considered a railing for the purpose of these standards irrespective of its height or conformance with standard railing heights.

Sections 56/57.14109 do not apply to unguarded conveyors which are not next to travelways, including overhead conveyors, where there is no reasonable possibility that miners will come into contact with system components (e.g., idlers, conveyor belt) of the conveyor.

56/57.14130 and 56/57.14131 Providing, Maintaining, and Wearing Seat Belts
In an effort to reduce the severity of powered haulage accidents, district managers shall carefully consider the gravity and negligence of citations and orders issued for the failure to provide, maintain, or wear seat belts.

Gravity: The failure to provide, maintain, or wear seat belts is a serious safety hazard and under most circumstances should be a significant and substantial violation. Without mitigating circumstances, the gravity evaluation of reasonably likely or highly likely, and fatal would usually be justified.

Negligence: The failure to provide seat belts as required by the regulations may be considered highly negligent and therefore be the basis for a 104(d) citation/order in the absence of mitigating circumstances.

Failure to maintain seat belts in functional condition may be considered less negligent than the failure to provide seat belts.

Some factors that could increase the degree of negligence are if the defect has been reported on a preshift examination, the defect is obvious, or the defect has existed for a long period of time. The examination of seat belts for defects is required by 30 CFR 56/57.14100.

Negligence for failure to wear seat belts should be determined by the extent of the mine operator's efforts to enforce the seat belt requirement. Examples of such efforts may include:

1. evidence that the equipment operators are instructed on the mandatory use of seat belts;
2. regular observation by supervisors to determine whether seat belts are being worn;
3. corrective action taken by supervisors when seat belts are not being worn; and
4. the development and implementation of a job safety analysis program to reinforce task training for equipment operators.

If the mine operator does not make any effort to ensure that seat belts are worn, the negligence would be high and a 104(d) citation/order would be appropriate. If, however, the mine operator's conduct indicated an effort to have seat belts worn, the negligence would usually be less than high.

Special Assessment: All citations/orders issued for failure to provide, maintain, or wear seat belts should be reviewed for special assessment. The types of violations that meet the requirements for special assessments are:

1. violations cited as contributing to a serious injury or fatality;
2. violations cited as an unwarrantable failure;
3. violations cited as an imminent danger; or
4. violations evaluated as having extraordinarily high gravity (highly likely and fatal).

56/57.14132(a) and (b) Horns and Backup Alarms For Surface Equipment
Standard 56/57.14132(a) sets a maintenance standard for manually operated horns or other audible warning devices that are provided as safety features on self-propelled mobile equipment. The self-propelled mobile equipment referenced in this subsection includes any wheeled, skid-mounted, or track-mounted equipment capable of moving itself. This standard should be cited if any audible warning device that was provided on the equipment as a safety feature is not functional. This includes manually-operated horns, automatic reverse-activated signal alarms, wheel-mounted bell alarms and discriminating backup alarms.

Standard 56/57.14132(b) pertains only to self-propelled mobile equipment where the operator has an obstructed view to the rear. A backup alarm system is only required when there is an obstructed view to the rear and an observer has not been provided. Standard 56/57.14132(b)(1) must be cited if an observer is not present and a backup alarm system is not provided on the equipment. Standard 56/57.14132(b)(2) must be cited if an observer is not present and a backup alarm system is provided and is operating as designed (functional) but is not audible above the surrounding noise level.

56/57.14201 Conveyor Start-Up Warning
This standard requires that no conveyor is started unless the person starting it is certain that all persons are clear. A positive audible or visible warning system is required to provide necessary flexibility to accommodate different mining and milling conditions throughout the nation. This standard has been uniformly interpreted by MSHA, and its predecessor organizations, to include both automatic and manual conveyor alarm systems as long as these systems are effected at each conveyor or series of conveyors within a system. However, MSHA and many mine operators believe that an automatic warning and start-up system is more effective than a manual system and, therefore, should be the system of preference. An automatic conveyor alarm system, or a system designed to first activate a start-up horn before the start-up system of the conveyor, is more effective in eliminating human error at the time of a conveyor start-up than a manual system.

A manual conveyor alarm system is one which actuates an audible alarm by an independent switch and uses a separate switch to actuate the conveyor. It may be considered "positive" and in compliance with the standard provided the system is capable of effectively warning persons prior to the time the conveyor will be started. Operators should be instructed to assure that persons are clear before starting the conveyor or conveyor system.

Although the standard specifies either an audible or visible warning system, visual warnings in bright sunlight or other well-lighted places are ineffective. For this reason, it is recommended that an audible warning system (horn) be used throughout a conveyor system located in bright sunlight or other well-lighted places. The duration of the audible warning shall be long enough to allow anyone who is endangered by an activated conveyor system to move to safety.

Particular attention must be given to the scope, or the overall effectiveness of the audible warning system, to be certain that the warning is effective at each and every conveyor in the system. This does not mean that a separate horn or similar device must be installed for each conveyor, but it does mean that the warning must be positive and effective for each conveyor or series of conveyors capable of being shut down or started independently within the system.

This standard specifically exempts those conveyor systems visible from the start-up switch from the requirements of a positive start-up warning system. However, MSHA recommends that all conveyor systems have a positive audible or visible start-up warning even though they are visible from the start-up switch.

56/57.14211 Blocking Equipment in Raised Position
Standards 56/57.14211 prohibit persons from working on, under, or from raised portions of mobile equipment or a component of mobile equipment until the equipment has been blocked or mechanically secured. The standards specifically require blocking of raised components to prevent a "free and uncontrolled descent" in the event of a sudden failure of the system holding up the raised component. Hydraulic telescoping boom cranes with flow restrictions or check valves in the hydraulic system will prevent a free and uncontrolled descent of the boom and attached work platform.

Compliance with 56/57.14211 can also be achieved by mine operators if the following four safety features are implemented when hoisting personnel with cranes:

1. use of an anti-two-block device with automatic shutdown capabilities that will prevent breaking of the load or whip line in the event of a two-block condition (a horn or light warning in lieu of automatic shutdown is not sufficient);
2. all running ropes, other than rotation resistant ropes, must have a safety factor of at least 7;
3. rotation-resistant ropes must have a safety factor of at least 10; and
4. the cranes used to hoist personnel must be equipped for and operated with controlled load lowering and must not be capable of being operated in "free fall."

MSHA strongly recommends that miners avoid working near or on cranes unless there is no other means of performing the task, or the other means creates a greater hazard.

56/57.14213 Ventilation for Welding
See Subpart D, Air Quality, Radiation, and Physical Agents.

Subpart N .... Personal Protection

56/57.15001 First Aid Materials
This standard requires that adequate first-aid materials, including stretchers and blankets, shall be provided at places convenient to all working areas, and that water or neutralizing agents shall be available where corrosive chemicals or other harmful substances are stored, handled or used.

The purpose of this mandatory standard is to ensure that adequate first-aid materials, including eye wash solution, safety showers (not just "deluge" showers, but a constant warm water supply for long-term flushing) and other neutralizing agents are available to workers where corrosive chemicals or other harmful substances are stored, handled, or used. Neutralizing agents shall be readily available for first-aid treatment and cleanup of corrosive chemical spillage or leakage. Spill-control products are commercially available for all hazardous chemical substances.

These products both absorb and neutralize hazardous chemicals, thereby reducing the hazard to workers while containing the spilled chemicals.

56/57.15003 Protective Footwear
This standard requires that all persons shall wear suitable protective footwear when in or around an area of a mine or plant where a hazard exists which could cause injury to the feet.

The standard considers the existence of a hazard to the feet as the basic criterion necessitating the wearing of protective footwear. Inspectors should carefully examine the work areas and procedures to make this determination. However, it is rare that such hazards are not encountered in mining or milling operations.

Most mining company safety requirements for protective footwear are more stringent than the MSHA standard. A company policy requiring everyone to wear protective footwear at all times at the mining operation is much easier to implement and provides better protection than determining individual situations where protective footwear is required.

MSHA's standard does not define protective footwear. MSHA considers substantial hard-toed shoes or boots to be the minimum protection acceptable for most mining applications. There may be times when special purpose foot protection, such as metatarsal protectors, is needed. There may also be some instances where heavy leather shoes or boots will provide adequate safety for the feet.

56/57.15004 Eye Protection
This standard requires that all persons shall wear safety glasses, goggles or face shields or other suitable protective devices when in or around an area of a mine or plant where a hazard exists which could cause injury to unprotected eyes.

Photo-gray lenses which comply with ANSI Z87.1-1979 for impact and shatter resistance and frame construction would meet the requirements of this standard. However, these lenses do not meet the requirements for radiant energy generated during electric arc welding or gas flame cutting and, therefore, are not acceptable for these uses. Additionally, their use underground or at night is not advisable because most photo-gray lenses respond too slowly to changes in light level and may not lighten rapidly enough to provide unimpaired vision when traveling from a well-lighted area to a dark area.

56/57.15006 Protective Equipment and Clothing for Hazards and Irritants
This standard requires that special protective equipment and special protective clothing shall be provided, maintained in a sanitary and reliable condition, and used whenever hazards of process or environment, chemical hazards, radiological hazards, or mechanical irritants are encountered in a manner capable of causing injury or impairment.

The standard is intended to cover obvious work situations where the normal and ordinary work clothing and safety equipment provided by the miner for his/her own protection is not adequate to provide the level of protection required for the work being done. Usual items, such as safety glasses, hard hats, and safety-toed shoes, would not normally come under this standard.

Unusual items for conditions requiring extra protective measures could include aprons, rubber gloves, asbestos blankets, leg shields, protective creams, solvent impermeable coveralls, and other items such as tag lines, safety belts and lines. These must be maintained in a clean and reliable condition, ready for use.

The inspector must exercise considerable judgement in the enforcement of this standard. It is not feasible to develop a policy which covers all conceivable circumstances. However, as guidelines to enforcement, protective clothing would definitely be required if the worker experiences any irritation no matter how slight. Also, skin protection would definitely be required when exposed to chemicals that bear a "skin" notation in the TLV booklet, even if the exposure is only 5 minutes a day and the worker does not exhibit any irritation.

57.15030 Provisions and Maintenance of Self-Rescue Devices
This standard requires that a 1-hour self-rescue device approved by MSHA shall be made available by the operator to all personnel underground and that each operator shall maintain self-rescue devices in good condition.

While the detection and reporting by miners of defective self-rescuers is a part of the training program required under CFR 57.18028, the operator has the final responsibility to see that all self-rescue devices are fully operable and to replace them immediately if they are defective. This responsibility can be discharged successfully only through a regular inspection program conducted by the operator, supplemented by the training of each miner to recognize and report defective self-rescue devices.

The operator needs an effective inspection program to ensure that each self-rescue device is maintained in "good condition." An effective inspection program established by the operator must include visual inspection and weighing. Visual inspection serves to identify surface defects such as a crushed case or dented seal. The operator's inspection program should also provide for the weighing of each self-rescuer at least every 90 days and for keeping a record of weighing for each device.

A self-rescuer is weighed by first cleaning the device, i.e., scraping off debris and wiping with a damp cloth, and then placing it on the balance. The balance used for weighing must have a capacity of at least 1100 grams and an accuracy of +1 gram. The current weight is compared with the manufacturer's weight stamped or etched in the self-rescuer case.

Self-rescue devices shall be removed from service if the device has a crushed or deeply dented case, the device has dents or damage around the seal area, or the device has a weight gain of 10 grams or more above the weight imprinted on the self-rescuer case.

Citations for violations will be issued for all self-rescuers which are not found to be in "good condition" as required by this standard.

Subpart O .... Materials Storage and Handling

56/57.16003 Storage of Hazardous Materials and 56/57.16004 Containers for Hazardous Materials
Standard 56/57.16003 requires that materials that can create hazards if accidentally liberated from their containers shall be stored in a manner that minimizes the dangers. Standard 56/57.16004 requires that hazardous materials shall be stored in containers of a type approved for such use by recognized agencies and that such containers shall be labeled appropriately.

Potential hazardous materials exist and are used throughout most mining and milling processes. Such materials must be properly and securely stored, based on the type of potential hazard (e.g., toxic, corrosive, flammable). The container must be appropriately labeled showing the contents.

Commercially supplied materials are generally labeled by the distributor. Unstable cabinets and shelves containing hazardous chemicals shall be securely fastened and made stable.

Corrosive substances are those that cause visible destruction or irreversible alterations to the body tissue on contact. Acids and corrosive chemicals shall not be stored with alkalies or solvents or stored on shelves above eye level. Common corrosive chemicals are mineral acids, e.g., hydrochloric (HCl), hydrofluoric (HF), nitric (HNO3), sulfuric (H2SO4), acetic (CH3COOH), etc., and basic solutions, e.g., sodium (NaOH), potassium (KOH) and ammonium (NH4OH) hydroxides, etc.

Concentrations of solvent and other flammable vapors shall be kept at a minimum by ventilation of storage areas. Flammables shall be stored in a cool place away from all ignition sources, such as open flames, hot plates and sparking electrical equipment. There shall be no smoking in areas of solvent use or in any other flammable storage areas.

56/57.16016 Lift Trucks
This standard provides that fork and other similar types of lift trucks shall be operated with the: (a) Upright tilted back to steady and secure the load; (b) Load in the upgrade position when ascending or descending grades in excess of 10 percent; (c) Load not raised or lowered enroute except for minor adjustments; and (d) Load-engaging device downgrade when traveling unloaded on all grades.

The requirement that load-engaging devices when empty be placed in a downgrade position when traveling on all grades reflects the accepted safety practice of traveling or tramming with the load-engaging mechanism as low as possible. This practice is set forth in Chapter 22, Powered Industrial Trucks, Industrial Safety, published by the National Safety Council and is also a requirement of the Occupational Safety and Health Administration, Standard 29 CFR 1910.178(n)(i), (ii), and (iii). In most situations when tramming without a load, the load-engaging mechanism should be kept as close to the ground as safety permits. However, in situations where adjustments will be necessary to facilitate safe operation of the vehicle (e.g., when traveling on inclines, declines or over rough terrain), the load-engaging mechanism may be adjusted enroute.

Subpart Q .... Safety Programs

56/57.18002 Examination of Working Place
30 CFR §§ 56/57.18002, Examination of working places, provide:

1. A competent person designated by the operator shall examine each working place at least once each shift for conditions which may adversely affect safety or health. The operator shall promptly initiate appropriate action to correct such conditions.
2. A record that such examinations were conducted shall be kept by the operator for a period of one year, and shall be made available for review by the Secretary or his authorized representative.
3. In addition, conditions that may present an imminent danger which are noted by the person conducting the examination shall be brought to the immediate attention of the operator who shall withdraw all persons from the area affected (except persons referred to in section 104(c) of the Federal Mine Safety and Health Act of 1977) until the danger is abated.

MSHA intends that the terms "competent person" and "working place," used in §§ 56/57.18002(a), be interpreted as defined in §§ 56/57.2, Definitions.

A "competent person," according to §§ 56/57.2, is "a person having abilities and experience that fully qualify him to perform the duty to which he is assigned." This definition includes any person who, in the judgment of the operator, is fully qualified to perform the assigned task. MSHA does not require that a competent person be a mine foreman, mine superintendent, or other person associated with mine management.

The phrase "working place" is defined in 30 CFR §§ 56/57.2 as: "any place in or about a mine where work is being performed." As used in the standard, the phrase applies to those locations at a mine site where persons work during a shift in the mining or milling processes.

Standards 56/57.18002(b) require operators to keep records of working place examinations. These records must include: (1) the date the examination was made; (2) the examiner's name; and (3) the working places examined. MSHA intends to allow operators considerable flexibility in complying with this provision in order to minimize the paperwork burden. Records of examinations may be entered on computer data bases or documents already in use, such as production sheets, logs, charts, time cards, or other format that is more convenient for mine operators.

In order to comply with the record retention portion of §§ 56/57.18002(b), operators must retain workplace examination records for the preceding 12 months. As an alternative to the 12-month retention period, an operator may discard these records after MSHA has completed its next regular inspection of the mine, if the operator also certifies that the examinations have been made for the preceding 12 months.

Evidence that a previous shift examination was not conducted or that prompt corrective action was not taken will result in a citation for violation of §§ 56/57.18002(a) or (c). This evidence may include information which demonstrates that safety or health hazards existed prior to the working shift in which they were found. Although the presence of hazards covered by other standards may indicate a failure to comply with this standard, MSHA does not intend to cite §§ 56/57.18002 automatically when the Agency finds an imminent danger or a violation of another standard.

57.18028 Mine Emergency and Self-Rescuer Training
This standard applies to underground mines only and states that all persons who are required to go underground shall be instructed in MSHA's approved course in mine emergency training. In addition to regular underground employees, the phrase "all persons who are required" shall be construed to mean those persons who through their duties must intermittently work underground even though their primary functions are on the surface. These include, but are not limited to engineers, surveyors, electricians, mechanics, maintenance personnel or laborers who repair, maintain, install, or perform their job assignments underground when necessary.

All persons who go underground, whether routinely or on occasion, shall be instructed in a course in either the MSA W-65 Self-Rescuer or the Permissible Draeger 810 Respirator for Self-Rescue. After the initial instruction, any person who has not had instruction in the use of either of these devices within the immediately preceding 12 months shall receive such instruction prior to going underground.

In instances where individuals who are infrequent visitors are permitted to go underground in the accompaniment of responsible and trained company personnel, these individuals would not be required to take the approved course in mine emergency training prior to going underground. In lieu of the approved course on self-rescuers, the individual or individuals entering the mine shall have been instructed in the use of the self-rescuer informally by a person trained in the use of this equipment.

The instruction shall be given by an MSHA instructor or by an instructor certified by the district manager. Provisional approval, in regard to the instruction of new employees, shall be interpreted to mean those company personnel who have received additional training under a cooperative plan, but who have not as yet been certified as instructors under such plan, and who can give the necessary instructions when the services of an MSHA or other certified instructor cannot be obtained.

Recordkeeping Requirements 
This standard (underground only) specifies that all persons who are required to go underground be instructed on an annual basis in MSHA approved courses contained in the Bureau of Mines instruction guide 19 "Mine Emergency Training"; and instruction guide 2, "MSA W-65 Self-Rescuer" or instruction guide 3, "Permissible Draeger 810 Respirator for Self-Rescue." Records of all instructions are required to be kept at the mine site or at the nearest mine office for two years, and copies must be submitted to MSHA. 30 CFR Part 48.9 (Records of Training) requires an operator, upon a miner's completion of each MSHA Approved training program, to record and certify that the miners received the specified training.

The recordkeeping requirement of this standard may be satisfied by meeting the recordkeeping requirement contained in 30 CFR Part 48.9.

Subpart R .... Personnel Hoisting

56/57.19025 Hoist Rope Load End Attachments
The standard requires, in part, that wire rope shall be attached to the load by a method that develops at least 80 percent of the nominal strength of the rope. The short-coupled thimble attachment (see the diagram) has been evaluated as being safe, and it is acceptable for personnel and material hoisting applications for hoist rope of 1-inch, 1-3/8 inch and 2-1/8 inch diameters, subject to the following conditions:

1. Repair and replacement parts are manufactured from the specified material and are within the engineering dimensions and tolerances specified by the manufacturer.
2. The manufacturer's assembly instructions are followed.
3. A weekly inspection procedure for slippage is conducted.

56/57.19045 Metal Bonnet
Metal bonnets shall be provided above those cages and skips specifically designed for man hoisting and above those work platforms, stages, or other temporarily or permanently installed shaft conveyances used by workers for shaft inspection, maintenance, or repairs.

Safety ropes or belts shall be worn at all times by shaftmen doing shaft work (56/57.15005).

56/57.19083 Overtravel Backout Device
The manufacturer of any hoist should be able to furnish material or information on a device or interlock that will comply with the requirements of the standard. The device prevents a conveyance or counterbalance from moving until the motor has developed enough power to move the conveyance in the right direction.

56/57.19120 Procedures for Inspection, Testing, and Maintenance
During MSHA inspections, the inspector shall observe while the hoisting engineer makes actual tests on hoisting equipment to determine the adequacy of over speed and overtravel controls, braking mechanisms, limit switches, dead man controls, and position indicators. Prior to making these tests, all personnel shall be removed from the man cages or other locations which would be hazardous in the event of mechanical failure. When checking the overtravel controls, the first test should be made with the hoist at a low speed to determine if the brakes are functioning and the power circuit is deenergizing. The second test shall be made with the hoist running at normal operating speed.

The inspector should observe these tests at a time that is convenient to the mine operator. This could be at shift changes or at some other convenient time.

Refusal by an operator to make necessary tests in the inspector's presence constitutes an admission of failure of the safety devices. An order shall be written prohibiting the use of the hoist until the necessary adjustments or repairs have been made and the hoist tested in the inspector's presence.

Subpart S .... Miscellaneous

56/57.20002 Potable Water
This mandatory standard is to ensure that potable drinking water is supplied and made available to all workers during working hours in all active working areas to prevent water-deficiency related illness and to prevent workers from drinking ground water which could be contaminated. The common drinking cup is prohibited in order to prevent the spread of communicable diseases. Containers from which drinking water must be dipped are prohibited because cups can contaminate the entire water supply. Containers from which water must be poured are prohibited because size and weight of containers encourage dipping. When water is cooled by ice, the ice shall either be made from potable water or shall not come in contact with the water in order to prevent contamination. Potable water outlets shall be posted to distinguish them from non potable water outlets. Potable water systems shall be constructed to prevent backflow or backsiphonage of non-potable water in order to prevent contamination.

The inspector should take a sample of the drinking water and have it analyzed for potability when complaints are received or when contamination is suspected. Contamination of potable water may be suspected when the potable water has unusual physical characteristics such as color, odor, or taste; when there are indications of bacteriological, chemical or radiological contamination of drinking water supplies; and/or when cross connections or backsiphonage is evident.

Potable water means water which shall meet the applicable minimum health requirements for drinking water established by the State or community in which the mine is located or by the Environmental Protection Agency in 40 CFR Part 141, pages 169-182, revised as of July 1, 1977. Where no such requirements are applicable, the drinking water provided shall conform with the Public Health Service Drinking Water Standards, 42 CFR Part 72, Subpart J, pages 527-533, revised as of October 1, 1976.

Local health authorities or a Safety and Health Technology Center should be contacted for guidance concerning water analysis.

56/57.20005 Carbon Tetrachloride
Carbon tetrachloride is a known carcinogen, and it is therefore prohibited for use on mine properties. There are adequate substitutes available for all relevant mining operations.

Inspectors are to inform the Chief of the Health Division in Arlington when carbon tetrachloride is encountered on a mine property.

56/57.20008 Toilet Facilities
This mandatory standard is to ensure that toilet facilities be provided and readily accessible to workers. Toilet facilities shall be kept clean and sanitary to prevent the spread of communicable disease. Determinations regarding readily accessible locations, cleanliness and sanitary conditions, and the number of separate toilet rooms required, are to be made by the mine inspector.

56/57.20011 Barricades and Warning Signs
This mandatory standard is to ensure that barricades are provided or warning signs posted to alert workers and other persons and to prevent them from inadvertently entering areas in which health or safety hazards exist but are not obvious. Examples of health hazards are heat, acids, gases, dusts, noise, and radiation. All areas of a mine or mill should be checked for imperceptible health hazards. Storage facilities, laboratories, dumps, and tailings commonly contain toxic substances.

Warning signs are posted for the purpose of describing particular hazards and indicating precautions to be followed in order to avoid injury and illness.

56/57.20012 Labeling of Toxic Materials
This mandatory standard is to ensure that toxic materials that are used, discarded as a by-product, or stored during mining or milling processes, be plainly marked or labeled in order to positively identify the nature of the safety or health hazard and the protective action required to prevent injury and illness. Toxic materials can produce injury or illness through ingestion, inhalation, and absorption. As the chemical, physical, and toxicological properties vary among toxic materials, each one must be treated and handled on an individual basis. Labels can include the chemical, physical, and/or toxicological properties of the substances as well as precautions and personal protective equipment required for safe use and handling. Precautionary labeling should be classed "CAUTION", "WARNING", or "DANGER", depending on the severity of the hazard associated with a particular toxic material.

There are ten separate hazard classes which should be considered under these standards. They are: explosives, compressed gases, flammable liquids, flammable solids, oxidizers, irritants and poisons, radioactive materials, corrosives, biohazards and carcinogens. These materials may be commonly found in dump sites, storage areas, laboratories, and bag and drum containers.

Subpart T .... Safety Standards for Methane in Metal and Nonmetal Mines

57.22302, .22303, .22304, .22305 Minimum Air Quantity Formula for Gassy Metal/Nonmetal Mines Operating Multiple Diesel Units
MSHA's regulations specify that when a single unit of permissible diesel equipment is used in a gassy metal and nonmetal mine, the required "minimum" quantity of ventilating air is specified on the machine's approval plate, 30 CFR 36.45(a). This quantity is applicable only when one machine is operated.

According to a formula developed by the Bureau of Mines, the total ventilation for multiple units need not be the sum of the recommended rates for all the individual approved units. This formula is based on available evidence which suggests that while one unit is operating under a heavy load, the engines of other units being loaded are normally idling. MSHA has adopted, and will uniformly apply this formula to all "gassy" metal and nonmetal mines when two or more diesel units are operated in the same airway or split of air. MSHA will accept this formula as meeting the requirements for "minimum" air quantity as long as airborne contaminants remain below the listed TLV.

The minimum air volume formula is expressed: 

     QT = 100% Q1 + 75% Q2.... + 50% Qn 

Where:

     QT = Total air quantity required;

     Q1 = the permissibility volume rating for largest rated diesel unit;

     Q2 = the permissibility volume rating for the next largest rated diesel unit; and

     Qn = the combined permissibility volume ratings for all additional diesel units.

The examples set forth below illustrate the use of the formula for determining required air quantity, in cubic feet per minute, when two or more diesel units are used in the same airway or split of gassy mines. The examples are for one underground mine with five diesel units operating on the upper level in the main haulageway and three diesel units operating on the lower lever in the 1400 haulageway.

Upper Level, Main Haulageway

                        Air Req'd for     Adjustment for multi-
Eng. Mfg.   Unit   hp   Single Unit(cfm)  use combination      
GM            1    227     46,000         x 1       46,000 cfm
GM            2    197     40,000         x .75     30,000 
GM            3    160     32,000         x .50     16,000
GM            4    119     24,000         x .50     12,000
Deutz         5    196     31,000         x .50     15,500
                   Total cfm required..............119,500 cfm

Lower Level, 1400 Haulageway

                                           Adjustment for multi-
Eng. Mfg.   Unit   hp    Single Unit (cfm) use combination           
GM            1    227     46,000           x 1     46,000 cfm
Duetz         2    196     31,000           x .75   23,250
Caterpillar   3    100     14,500           x .50    7,250
                   Total cfm required...............76,500 cfm