679 Part 77—Mandatory Safety Standards, Surface

Mine Safety and Health Admin., Labor Pt. 77

§ 75.1916 Operation of diesel-powered 77.203 Use of material or equipment over- equipment. head; safeguards. 77.204 Openings in surface installations; (a) Diesel-powered equipment shall safeguards. be operated at a speed that is con- 77.205 Travelways at surface installations. sistent with the type of equipment 77.206 Ladders; construction; installation being operated, roadway conditions, and maintenance. grades, clearances, visibility, and other 77.207 Illumination. traffic. 77.208 Storage of materials. 77.209 Surge and storage piles. (b) Operators of mobile diesel-pow- 77.210 Hoisting of materials. ered equipment shall maintain full 77.211 Draw-off tunnels; stockpiling and re- control of the equipment while it is in claiming operations; general. motion. 77.211–1 Continuous methane monitoring de- (c) Standardized traffic rules, includ- vice; installation and operation; auto- ing speed limits, signals and warning matic deenergization of electric equip- signs, shall be established at each mine ment. 77.212 Draw-off tunnel ventilation fans; in- and followed. stallation. (d) Except as required in normal min- 77.213 Draw-off tunnel escapeways. ing operations, mobile diesel-powered 77.214 Refuse piles; general. equipment shall not be idled. 77.215 Refuse piles, construction require- (e) Diesel-powered equipment shall ments. not be operated unattended. 77.215–1 Refuse piles; identification. 77.215–2 Refuse piles; reporting requirements. PART 77—MANDATORY SAFETY 77.215–3 Refuse piles; certification. STANDARDS, SURFACE COAL 77.215–4 Refuse piles; abandonment. MINES AND SURFACE WORK 77.216 Water, sediment, or slurry impoundments and impounding structures; gen- AREAS OF UNDERGROUND COAL eral. MINES 77.216–1 Water, sediment or slurry impoundments and impounding structures; iden- Subpart A—General tification. 77.216–2 Water, sediment, or slurry im- Sec. poundments and impounding structures; 77.1 Scope. minimum plan requirements; changes or 77.2 Definitions. modifications; certification. 77.216–3 Water, sediment, or slurry im- Subpart B—Qualified and Certified Persons poundments and impounding structures; inspection requirements; correction of 77.100 Certified person. hazards; program requirements. 77.101 Tests for methane and for oxygen de- 77.216–4 Water, sediment or slurry impound- ficiency; qualified person. ments and impounding structures; re- 77.102 Tests for methane; oxygen deficiency; porting requirements; certification. qualified person, additional requirement. 77.216–5 Water, sediment or slurry impound- 77.103 Electrical work; qualified person. ments and impounding structures; aban- 77.104 Repair of energized surface high volt- donment. age lines; qualified person. 77.217 Definitions. 77.105 Qualified hoistman; slope or shaft sinking operation; qualifications. Subpart D—Thermal Dryers 77.106 Records of certified and qualified persons. 77.300 Thermal dryers; general. 77.107 Training programs. 77.301 Dryer heating units; operation. 77.107–1 Plans for training programs. 77.302 Bypass stacks. 77.303 Hot gas inlet chamber dropout doors. Subpart C—Surface Installations 77.304 Explosion release vents. 77.305 Access to drying chambers, hot gas 77.200 Surface installations; general. inlet chambers and ductwork; installa- 77.201 Methane content in surface installation and maintenance. tions. 77.306 Fire protection. 77.201–1 Tests for methane; qualified person; 77.307 Thermal dryers; location and instal- use of approved device. lation; general. 77.201–2 Methane accumulations; change in 77.308 Structures housing other facilities; ventilation. use of partitions. 77.202 Dust accumulations in surface instal- 77.309 Visual check of system equipment. lations. 77.309–1 Control stations; location.

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77.310 Control panels. 77.510 Resistors; location and guarding. 77.311 Alarm devices. 77.511 Danger signs at electrical installa- 77.312 Fail safe monitoring systems. tions. 77.313 Wet-coal feedbins; low-level indica- 77.512 Inspection and cover plates. tors. 77.513 Insulating mats at power switches. 77.314 Automatic temperature control in- 77.514 Switchboard; passageways and clear- struments. ance. 77.315 Thermal dryers; examination and in- 77.515 Bare signal or control wires; voltage. spection. 77.516 Electric wiring and equipment; installation and maintenance. Subpart E—Safeguards for Mechanical Equipment Subpart G—Trailing Cables 77.400 Mechanical equipment guards. 77.600 Trailing cables; short-circuit protec- 77.401 Stationary grinding machines; pro- tion; disconnecting devices. tective devices. 77.601 Trailing cables or portable cables; 77.402 Hand-held power tools; safety devices. temporary splices. 77.403 Mobile equipment; falling object pro- 77.602 Permanent splicing of trailing cables. tective structures (FOPS). 77.603 Clamping of trailing cables to equip- 77.403–1 Mobile equipment; rollover protec- ment. tive structures (ROPS). 77.604 Protection of trailing cables. 77.403–2 Incorporation by reference. 77.605 Breaking trailing cable and power 77.404 Machinery and equipment; operation cable connections. and maintenance. 77.606 Energized trailing cables; handling. 77.405 Performing work from a raised posi- 77.606–1 Rubber gloves; minimum require- tion; safeguards. ments. 77.406 Drive belts. 77.407 Power driven pulleys. Subpart H—Grounding 77.408 Welding operations. 77.700 Grounding metallic sheaths, armors, 77.409 Shovels, draglines, and tractors. and conduits enclosing power conductors. 77.410 Mobile equipment; automatic warn- 77.700–1 Approved methods of grounding. ing devices. 77.701 Grounding metallic frames, casings, 77.411 Compressed air and boilers; general. and other enclosures of electric equip- 77.412 Compressed air systems. ment. 77.413 Boilers. 77.701–1 Approved methods of grounding of equipment receiving power from Subpart F—Electrical Equipment—General ungrounded alternating current power systems. 77.500 Electric power circuits and electric 77.701–2 Approved methods of grounding me- equipment; deenergization. tallic frames, casings and other enclo- 77.501 Electric distribution circuits and sures of electric equipment receiving equipment; repair. power from a direct-current power sys- 77.501–1 Qualified person. tem. 77.502 Electric equipment; examination, 77.701–3 Grounding wires; capacity. testing, and maintenance. 77.701–4 Use of grounding connectors. 77.502–1 Qualified person. 77.702 Protection other than grounding. 77.502–2 Electric equipment; frequency of 77.703 Grounding frames of stationary high- examination and testing. voltage equipment receiving power from 77.503 Electric conductors; capacity and in- ungrounded delta systems. sulation. 77.703–1 Approved methods of grounding. 77.503–1 Electric conductors. 77.704 Work on high-voltage lines; deener- 77.504 Electrical connections or splices; gizing and grounding. suitability. 77.704–1 Work on high-voltage lines. 77.505 Cable fittings; suitability. 77.704–2 Repairs to energized high-voltage 77.506 Electric equipment and circuits; over- lines. load and short-circuit protection. 77.704–3 Work on energized high-voltage sur- 77.506–1 Electric equipment and circuits; face lines; reporting. overload and short circuit protection; 77.704–4 Simultaneous repairs. minimum requirements. 77.704–5 Installation of protective equip- 77.507 Electric equipment; switches. ment. 77.508 Lightning arresters, ungrounded and 77.704–6 Protective clothing; use and inspec- exposed power conductors and telephone tion. wires. 77.704–7 Protective equipment; inspection. 77.508–1 Lightning arresters; wires entering 77.704–8 Protective equipment; testing and buildings. storage. 77.509 Transformers; installation and guard- 77.704–9 Operating disconnecting or cutout ing. switches.

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77.704–10 Tying into energized high-voltage 77.902–1 Fail safe ground check circuits; surface circuits. maximum voltage. 77.704–11 Use of grounded messenger wires; 77.902–2 Approved ground check systems not ungrounded systems. employing pilot check wires. 77.705 Guy wires; grounding. 77.902–3 Attachment of ground conductors and ground check wires to equipment Subpart I—Surface High-Voltage frames; use of separate connections. Distribution 77.903 Disconnecting devices. 77.904 Identification of circuit breakers. 77.800 High-voltage circuits; circuit break- 77.905 Connection of single-phase loads. ers. 77.906 Trailing cables supplying power to 77.800–1 Testing, examination, and mainte- low-voltage mobile equipment; ground nance of circuit breakers; procedures. wires and ground check wires. 77.800–2 Testing, examination, and maintenance of circuit breakers; record. Subpart K—Ground Control 77.801 Grounding resistors. 77.1000 Highwalls, pits, and spoil banks; 77.801–1 Grounding resistors; continuous plans. current rating. 77.1000–1 Filing of plan. 77.802 Protection of high-voltage circuits; 77.1001 Stripping; loose material. neutral grounding resistors; dis- 77.1002 Box cuts; spoil material placement. connecting devices. 77.1003 Benches. 77.803 Fail safe ground check circuits on 77.1004 Ground control; inspection and high-voltage resistance grounded sys- maintenance; general. tems. 77.1005 Scaling highwalls; general. 77.803–1 Fail safe ground check circuits; 77.1006 Highwalls; men working. maximum voltage. 77.1007 Drilling; general. 77.803–2 Ground check systems not employ- 77.1008 Relocation of drills; safeguards. ing pilot check wires; approval by the 77.1009 Drill; operation. Secretary. 77.1010 Collaring holes. 77.804 High-voltage trailing cables; min- 77.1011 Drill holes; guarding. imum design requirements. 77.1012 Jackhammers; operation; safe- 77.805 Cable couplers and connection boxes; guards. minimum design requirements. 77.1013 Air drills; safeguards. 77.806 Connection of single-phase loads. 77.807 Installation of high-voltage trans- Subpart L—Fire Protection mission cables. 77.807–1 High-voltage powerlines; clearances 77.1100 Fire protection; training and organi- above ground. zation. 77.1101 Escape and evacuation; plan. 77.807–2 Booms and masts; minimum dis- 77.1102 Warning signs; smoking and open tance from high-voltage lines. flame. 77.807–3 Movement of equipment; minimum 77.1103 Flammable liquids; storage. distance from high-voltage lines. 77.1104 Accumulations of combustible mate- 77.808 Disconnecting devices. rials. 77.809 Identification of circuit breakers and 77.1105 Internal combustion engines; fuel- disconnecting switches. ing. 77.810 High-voltage equipment; grounding. 77.1106 Battery-charging stations; ventila- 77.811 Movement of portable substations tion. and transformers. 77.1107 Belt conveyors. 77.1108 Firefighting equipment; require- Subpart J—Low- and Medium-Voltage ments; general. Alternating Current Circuits 77.1108–1 Type and capacity of firefighting equipment. 77.900 Low- and medium-voltage circuits 77.1109 Quantity and location of firefighting serving portable or mobile three-phase equipment. alternating current equipment; circuit 77.1110 Examination and maintenance of breakers. firefighting equipment. 77.900–1 Testing, examination, and mainte- 77.1111 Welding, cutting, soldering; use of nance of circuit breakers; procedures. fire extinguisher. 77.900–2 Testing, examination, and mainte- 77.1112 Welding, cutting, soldering with arc nance of circuit breakers; record. or flame; safeguards. 77.901 Protection of low- and medium-voltage three-phase circuits. Subpart M—Maps 77.901–1 Grounding resistor; continuous current rating. 77.1200 Mine map. 77.902 Low- and medium-voltage ground 77.1201 Certification of mine maps. check monitor circuits. 77.1202 Availability of mine map.

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Subpart N—Explosives and Blasting 77.1702 Arrangements for emergency medical assistance and transportation for in- 77.1300 Explosives and blasting. jured persons; reporting requirements; 77.1301 Explosives; magazines. posting requirements. 77.1302 Vehicles used to transport explo- 77.1703 First-Aid training; supervisory em- sives. ployees. 77.1303 Explosives; handling and use. 77.1704 First aid training program; avail- 77.1304 Blasting agents; special provisions. ability of instruction to all miners. 77.1705 First aid training program; retrain- Subpart O—Personnel Hoisting ing of supervisory employees; availability to all miners. 77.1400 Personnel hoists and elevators. 77.1706 First aid training program; min- 77.1401 Automatic controls and brakes. imum requirements. 77.1402 Rated capacity. 77.1402–1 Maximum load; posting. 77.1707 First aid equipment; location; min- 77.1403 Daily examination of hoisting equip- imum requirements. ment. 77.1708 Safety program, instruction of per- 77.1404 Certifications and records of daily sons employed at the mine. examinations. 77.1710 Protective clothing; requirements. 77.1405 Operation of hoisting equipment 77.1710–1 Distinctively colored hard hats or after repairs. hard caps; identification for newly employed, inexperienced miners. WIRE ROPES 77.1711 Smoking prohibition. 77.1712 Reopening mines; notification; in- 77.1430 Wire ropes; scope. spection prior to mining. 77.1431 Minimum rope strength. 77.1713 Daily inspection of surface coal 77.1432 Initial measurement. mine; certified person; reports of inspec- 77.1433 Examinations. tion. 77.1434 Retirement criteria. 77.1435 Load end attachments. Subpart S—Trolley Wires and Trolley Feeder 77.1436 Drum end attachment. 77.1437 End attachment retermination. Wires 77.1438 End attachment replacement. 77.1800 Cutout switches. 77.1801 Overcurrent protection. Subpart P—Auger Mining 77.1801–1 Devices for overcurrent protection. 77.1500 Auger mining; planning. 77.1802 Insulation of trolley wires, trolley 77.1501 Auger mining; inspections. feeder wires and bare signal wires; guard- 77.1502 Auger holes; restriction against en- ing of trolley wires and trolley feeder tering. wires. 77.1503 Augering equipment; overhead protection. Subpart T—Slope and Shaft Sinking 77.1504 Auger equipment; operation. 77.1900 Slopes and shafts; approval of plans. 77.1505 Auger holes; blocking. 77.1900–1 Compliance with approved slope and shaft sinking plans. Subpart Q—Loading and Haulage 77.1901 Preshift and onshift inspections; re- 77.1600 Loading and haulage; general. ports. 77.1601 Transportation of persons; restric- 77.1901–1 Methane and oxygen deficiency tions. tests; approved devices. 77.1602 Use of aerial tramways to transport 77.1902 Drilling and mucking operations. persons. 77.1902–1 Permissible diesel-powered equip- 77.1603 Trains and locomotives; authorized ment. persons. 77.1903 Hoists and hoisting; minimum re- 77.1604 Transportation of persons; over- quirements. crowding. 77.1904 Communications between slope and 77.1605 Loading and haulage equipment; in- shaft bottoms and hoist operators. stallations. 77.1905 Hoist safeguards; general. 77.1606 Loading and haulage equipment; in- 77.1906 Hoists; daily inspection. spection and maintenance. 77.1907 Hoist construction; general. 77.1607 Loading and haulage equipment; op- 77.1908 Hoist installations; use. eration. 77.1908–1 Hoist operation; qualified 77.1608 Dumping facilities. hoistman. 77.1909 Explosives and blasting; use of per- Subpart R—Miscellaneous missible explosives and shot-firing units. 77.1909–1 Use of nonpermissible explosives 77.1700 Communications in work areas. and nonpermissible shot-firing units; ap- 77.1701 Emergency communications; re- proval by Health and Safety District quirements. Manager.

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77.1910 Explosives and blasting; general. ommended in Bureau of Mines Informa- 77.1911 Ventilation of slopes and shafts. tion Circular 8179. 77.1912 Ladders and stairways. 77.1913 Fire-resistant wood. (f) Blasting area means the area near 77.1914 Electrical equipment. blasting operations in which concus- 77.1915 Storage and handling of combustible sion or flying material can reasonably materials. be expected to cause injury. 77.1916 Welding, cutting, and soldering; fire (g) Blasting cap means a detonator protection. containing a charge of detonating com- Subpart U—Approved Books and Records pound, which is ignited by electric cur- [Reserved] rent, or the spark of a fuse. Used for detonating explosives. AUTHORITY: 30 U.S.C. 811. (h) Blasting circuit means electric circuits used to fire electric detonators or SOURCE: 36 FR 9364, May 22, 1971, unless otherwise noted. to ignite an igniter cord by means of an electric starter. Subpart A—General (i) Blasting switch means a switch used to connect a power source to a § 77.1 Scope. blasting circuit. This part 77 sets forth mandatory (j) Box-type magazine means a small, safety standards for bituminous, an- portable magazine used to store lim- thracite, and lignite surface coal ited quantities of explosives or deto- mines, including open pit and auger nators for short periods of time in loca- mines, and to the surface work areas of tions at the mine which are convenient underground coal mines, pursuant to to the blasting sites at which they will section 101(i) of the Federal Mine Safe- be used. ty and Health Act of 1977. (k) Capped fuse means a length of [36 FR 9364, May 22, 1971, as amended at 43 safety fuse to which a detonator has FR 12320, Mar. 24, 1978] been attached. (l) Capped primer means a package or § 77.2 Definitions. cartridge of explosives which is specifi- For the purpose of this part 77, the cally designed to transmit detonation term: to other explosives and which contains (a) Active workings means any place a detonator. in a coal mine where miners are nor- (m) Certified or registered, as applied mally required to work or travel; to any person means a person certified (b) American Table of Distances means or registered by the State in which the the current edition of ‘‘The American coal mine is located to perform duties Table of Distances for Storage of Ex- prescribed by this Part 77, except that, plosives’’ published by the Institute of in a State where no program of certifi- Makers of Explosives; cation or registration is provided or (c) Barricaded means to obstruct pas- where the program does not meet at sage of persons, vehicles, or flying ma- least minimum Federal standards es- terials; tablished by the Secretary, such cer- (d) Berm means a pile or mound of tification or registration shall be by material capable of restraining a vehi- the Secretary. cle; (n) Detonating cord or detonating fuse (e) Blasting agent means any material means a flexible cord containing a core consisting of a mixture of a fuel and oxidizer which— of high explosive. (1) Is used or intended for use in (o) Detonator means a device con- blasting; taining a small detonating charge that (2) Is not classed as an explosive by is used for detonating an explosive, in- the Department of Transportation; cluding, but not limited to blasting (3) Contains no ingredient classed as caps, exploders, electric detonators, an explosive by the Department of and delay electric blasting caps. Transportation; and, (p) Electrical grounding means to con- (4) Cannot be detonated by a No. 8 nect with the ground to make the blasting cap when tested as rec- earth part of the circuit.

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(q) Explosive means any chemical protection in blasting circuits between compound, mixture, or device, the pri- the blasting switch and the shot area. mary or common purpose of which is to (aa) Secretary means the Secretary of function by explosion. Explosives in- Labor or his delegate. clude, but are not limited to black powder, dynamite, nitroglycerin, ful- [36 FR 9364, May 22, 1971, as amended at 43 FR 12320, Mar. 24, 1978] minate, ammonium nitrate when mixed with a hydrocarbon, and other blasting agents. Subpart B—Qualified and Certified (r) Flash point means the minimum Persons temperature at which sufficient vapor is released by a liquid or solid to form § 77.100 Certified person. a flammable vapor-air mixture at at- (a)(1) The provisions of this Part 77 mospheric pressure. require that certain examinations and (s) Low voltage means up to and in- tests be made by a certified person. A cluding 660 volts, medium voltage means certified person within the meaning of voltages from 661 to 1,000 volts, and these provisions is a person who has high voltage means more than 1,000 been certified in accordance with the volts. provisions of paragraph (b) of this (t) Misfire means the complete or par- § 77.100 to perform the duties, and make tial failure of a blasting charge to ex- the examinations and tests which are plode as planned. required by this Part 77 to be per- (u) Primer or Booster means a package formed by a certified person. or cartridge of explosive which is de- (2) A person who has been so certified signed specifically to transmit detona- shall also be considered to be a quali- tion to other explosives and which does fied person within the meaning of those not contain a detonator. provisions of this Part 77 which require (v) Qualified person means, as the that certain examinations, tests and context requires, (1) An individual duties be performed by a qualified per- deemed qualified by the Secretary and son, except those provisions in Sub- designated by the operator to make parts F, G, H, I, and J of this part re- tests and examinations required by lating to performance of electrical this Part 77; and, work. (2) An individual deemed, in accord- (b) Pending issuance of Federal ance with the minimum requirements standards, a person will be considered, to be established by the Secretary, to the extent of the certification, a cer- qualified by training, education, and tified person to make examinations, experience, to perform electrical work, tests and perform duties which are re- to maintain electrical equipment, and quired by this Part 77 to be performed to conduct examinations and make by a certified person: tests of all electrical equipment. (1) If he has been certified for such (w) Roll protection means a frame- purpose by the State in which the coal work, safety canopy, or similar protec- mine is located; or tion for the operator when equipment (2) If this person has been certified overturns. for such purpose by the Secretary. A (x) Safety can means an approved con- person’s initial certification is valid tainer, of not over 5 gallons capacity, for as long as the person continues to having a spring-closing lid and spout satisfy the requirements necessary to cover. obtain the certification and is em- (y) Safety fuse means a train of pow- ployed at the same coal mine or by the der enclosed in cotton, jute yarn, and same independent contractor. The waterproofing compounds, which burns mine operator or independent con- at a uniform rate; used for firing a cap tractor shall make an application containing the detonating compound which satisfactorily shows that each which in turn sets off the explosive such person has had at least 2 years ex- charge. perience at a coal mine or equivalent (z) Safety switch means a sectional- experience, and that each such person izing switch that also provides shunt demonstrates to the satisfaction of an

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authorized representative of the Sec- no person shall be a qualified person retary that such person is able and for testing for methane and oxygen de- competent to test for oxygen defi- ficiency unless he has demonstrated to ciency with a permissible flame safety the satisfaction of an authorized rep- lamp, or any other device approved by resentative of the Secretary that he is the Secretary and to test for methane able and competent to make such tests with a portable methane detector ap- and the Mine Safety and Health Ad- proved by the Bureau of Mines, MESA, ministration has issued him a current or MSHA, under Part 22 of this Chapter card which qualifies him to make such (Bureau of Mines Schedule 8C), and to tests. perform such other duties for which application for certification is made. Ap- § 77.103 Electrical work; qualified per- plications for certification by the Sec- son. retary should be submitted in writing (a) Except as provided in paragraph to the Mine Safety and Health Admin- (f) of this section, an individual is a istration, Certification and Qualifica- qualified person within the meaning of tion Center, P.O. Box 25367, Denver Subparts F, G, H, I, and J of this Part Federal Center, Denver, Colorado 80225. 77 to perform electrical work (other [36 FR 9364, May 22, 1971, as amended at 43 than work on energized surface high- FR 12320, Mar. 24, 1978; 54 FR 30515, July 20, voltage lines) if: 1989] (1) He has been qualified as a coal mine electrician by a State that has a § 77.101 Tests for methane and for oxy- coal mine electrical qualification pro- gen deficiency; qualified person. gram approved by the Secretary; or, (a) The provisions of Subparts C, P, (2) He has at least 1 year of experi- R, and T of this Part 77 require that ence in performing electrical work un- tests for methane and for oxygen defi- derground in a coal mine, in the sur- ciency be made by a qualified person. A face work areas of an underground coal person is a qualified person for these mine, in a surface coal mine, in a purposes if he is a certified person for noncoal mine, in the mine equipment such purposes under § 77.100. manufacturing industry, or in any (b) Pending issuance of Federal other industry using or manufacturing standards, a person will be considered a similar equipment, and has satisfac- qualified person for testing for meth- torily completed a coal mine electrical ane and oxygen deficiency: training program approved by the Sec- (1) If he has been qualified for this retary; or, purpose by the State in which the coal (3) He has at least 1 year of experi- mine is located; or ence, prior to the date of the applica- (2) If he has been qualified by the tion required by paragraph (c) of this Secretary for these purposes upon a section, in performing electrical work satisfactory showing by the operator of underground in a coal mine, in the sur- the coal mine that each such person face work areas of an underground coal has been trained and designated by the mine, in a surface coal mine, in a operator to test for methane and oxy- noncoal mine, in the mine equipment gen deficiency. Applications for Secre- manufacturing industry, or in any tarial qualification should be sub- other industry using or manufacturing mitted in writing to the Mine Safety similar equipment, and he attains a and Health Administration, Certifi- satisfactory grade on each of the series cation and Qualification Center, P.O. of five written tests approved by the Box 25367, Denver Federal Center, Den- Secretary as prescribed in paragraph ver, Colo. 80225 (b) of this section. [36 FR 9364, May 22, 1971, as amended at 43 (b) The series of five written tests ap- FR 12320, Mar. 24, 1978] proved by the Secretary shall include the following categories: § 77.102 Tests for methane; oxygen de- (1) Direct current theory and applica- ficiency; qualified person, addition; tional requirement. (2) Alternating current theory and Notwithstanding the provisions of application; § 77.101, on and after December 30, 1971, (3) Electric equipment and circuits;

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(4) Permissibility of electric equip- § 77.104 Repair of energized surface ment; and, high-voltage lines; qualified person. (5) Requirements of Subparts F An individual is a qualified person through J and S of this Part 77. (c) In order to take the series of five within the meaning of § 77.704 of this written tests approved by the Sec- part for the purpose of repairing ener- retary, an individual shall apply to the gized surface high-voltage lines only if District Manager and shall certify that he has had at least 2 years experience he meets the requirements of para- in electrical maintenance, and at least graph (a)(3) of this section. The tests 2 years experience in the repair of ener- will be administered in the Coal Mine gized high-voltage lines located on Safety and Health Districts at regular poles or structures. intervals, or as demand requires. (d) A score of at least 80 percent on [36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971] each of the five written tests will be deemed to be a satisfactory grade. Rec- § 77.105 Qualified hoistman; slope or ognition shall be given to practical ex- shaft sinking operation; qualifica- perience in that 1 percentage point tions. shall be added to an individual’s score in each test for each additional year of (a)(1) A person is a qualified experience beyond the 1 year require- hoistman within the provisions of Sub- ment specified in paragraph (a)(3) of part T of this part, for the purpose of this section; however, in no case shall operating a hoist at a slope or shaft an individual be given more than 5 per- sinking operation if he has at least 1 centage points for such practical expe- year experience operating a hoist plant rience. or maintaining hoist equipment and is (e) An individual may, within 30 days qualified by any State as a hoistman or from the date on which he received no- its equivalency, or tification from the Administration of (2) If a State has no program for his test scores, repeat those on which qualifying persons as hoistmen, the he received an unsatisfactory score. If Secretary may qualify persons if the further retesting is necessary after his operator of the slope or shaft-sinking initial repetition, a minimum of 30 operation makes an application and a days from the date of receipt of notifi- satisfactory showing that the person cation of the initial retest scores shall has had 1 year of experience operating elapse prior to such further retesting. (f) An individual who has, prior to hoists. A person’s qualification is valid November 1, 1972, been qualified to per- for as long as the person continues to form electrical work specified in Sub- satisfy the requirements for qualifica- parts F, G, H, I, and J of this Part 77 tion and is employed at the same coal (other than work on energized surface mine or by the same independent con- high-voltage lines) shall continue to be tractor. qualified until June 30, 1973. To remain (b) Applications for Secretarial quali- qualified after June 30, 1973, such indi- fication should be submitted to the vidual shall meet the requirements of Mine Safety and Health Administra- either paragraph (a) (1), (2), or (3) of tion, Certification and Qualification this section. Center, P.O. Box 25367, Denver Federal (g) An individual qualified in accord- Center, Denver, Colo. 80225. ance with this section shall, in order to retain qualification, certify annually [36 FR 9364, May 22, 1971, as amended at 43 to the District Manager, that he has FR 12320, Mar. 24, 1978; 54 FR 30515, July 20, satisfactorily completed a coal mine 1989] electrical retraining program approved § 77.106 Records of certified and quali- by the Secretary. fied persons. 01(a), Federal Coal Mine Health and Safety The operator of each coal mine shall Act of 1969; 30 U.S.C. 811(a); 83 Stat. 745) maintain a list of all certified and [37 FR 22377, Oct. 19, 1972; 37 FR 28163, Dec. 21, 1972, as amended at 44 FR 9380, Feb. 13, 1979; 47 FR 23641, May 28, 1982]

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qualified persons designated to perform vice approved by the Secretary at least duties under this Part 77. once during each operating shift, and immediately prior to any repair work (Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.)) in which welding or an open flame is used, or a spark may be produced. [36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995] § 77.201–2 Methane accumulations; change in ventilation. § 77.107 Training programs. Every operator of a coal mine shall If, at any time, the air in any struc- provide a program, approved by the ture, enclosure or other facility con- Secretary, of training and retraining tains 1.0 volume per centum or more of both qualified and certified persons methane changes or adjustments in the needed to carry out functions pre- ventilation of such installation shall be scribed in the Act. made at once so that the air shall contain less than 1.0 volume per centum of § 77.107–1 Plans for training programs. methane. Each operator must submit to the § 77.202 Dust accumulations in surface district manager, of the Coal Mine installations. Safety and Health District in which the mine is located, a program or plan Coal dust in the air of, or in, or on setting forth what, when, how, and the surfaces of, structures, enclosures, where the operator will train and re- or other facilities shall not be allowed train persons whose work assignments to exist or accumulate in dangerous require that they be certified or quali- amounts. fied. The program must provide— (a) For certified persons, annual § 77.203 Use of material or equipment training courses in the tasks and du- overhead; safeguards. ties which they perform as certified Where overhead repairs are being persons, first aid, and the provisions of made at surface installations and this part 77; and equipment or material is taken into (b) For qualified persons, annual such overhead work areas, adequate courses in performance of the tasks protection shall be provided for all per- which they perform as qualified persons working or passing below the sons. overhead work areas in which such [63 FR 53761, Oct. 6, 1998] equipment or material is being used. § 77.204 Openings in surface installa- Subpart C—Surface Installations tions; safeguards. § 77.200 Surface installations; general. Openings in surface installations All mine structures, enclosures, or through which men or material may other facilities (including custom coal fall shall be protected by railings, bar- preparation) shall be maintained in riers, covers or other protective de- good repair to prevent accidents and vices. injuries to employees. § 77.205 Travelways at surface installa- § 77.201 Methane content in surface in- tions. stallations. (a) Safe means of access shall be pro- The methane content in the air of vided and maintained to all working any structure, enclosure or other facil- places. ity shall be less than 1.0 volume per (b) Travelways and platforms or centum. other means of access to areas where persons are required to travel or work, § 77.201–1 Tests for methane; qualified shall be kept clear of all extraneous person; use of approved device. material and other stumbling or slip- Tests for methane in structures, en- ping hazards. closures, or other facilities, in which (c) Inclined travelways shall be con- coal is handled or stored shall be constructed of nonskid material or ducted by a qualified person with a de- equipped with cleats.

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(d) Regularly used travelways shall (d) Compressed and liquid gas cyl- be sanded, salted, or cleared of snow inders shall be secured in a safe man- and ice as soon as practicable. ner. (e) Crossovers, elevated walkways, (e) Valves on compressed gas cyl- elevated ramps, and stairways shall be inders shall be protected by covers of substantial construction, provided when being transported or stored, and with handrails, and maintained in good by a safe location when the cylinders condition. Where necessary toeboards are in use. shall be provided. [36 FR 9364, May 22, 1971, as amended at 67 (f) Crossovers shall be provided where FR 42389, June 21, 2002] it is necessary to cross conveyors. (g) Moving conveyors shall be crossed § 77.209 Surge and storage piles. only at designated crossover points. No person shall be permitted to walk § 77.206 Ladders; construction; instal- or stand immediately above a reclaim- lation and maintenance. ing area or in any other area at or near a surge or storage pile where the re- (a) Ladders shall be of substantial claiming operation may expose him to construction and maintained in good a hazard. condition. (b) Wooden members of ladders shall § 77.210 Hoisting of materials. not be painted. (a) Hitches and slings used to hoist (c) Steep or vertical ladders which materials shall be suitable for handling are used regularly at fixed locations the type of materials being hoisted. shall be anchored securely and provided with backguards extending from (b) Men shall stay clear of hoisted a point not more than 7 feet from the loads. bottom of the ladder to the top of the (c) Taglines shall be attached to ladder. hoisted materials that require (d) Fixed ladders shall not incline steadying or guidance. backwards at any point unless provided § 77.211 Draw-off tunnels; stockpiling with backguards. and reclaiming operations; general. (e) Fixed ladders shall be anchored securely and installed to provide at (a) Tunnels located below stockpiles, least 3 inches of toe clearance. surge piles, and coal storage silos shall (f) Fixed ladders shall project at least be ventilated so as to maintain con- 3 feet above landings, or substantial centrations of methane below 1.0 vol- handholds shall be provided above the ume per centum. landings. (b) In addition to the tests for methane required by § 77.201 such tests shall § 77.207 Illumination. also be made before any electric equipment is energized or repaired, unless Illumination sufficient to provide equipped with a continuous methane safe working conditions shall be pro- monitoring device installed and oper- vided in and on all surface structures, ated in accordance with the provisions paths, walkways, stairways, switch of § 77.211–1. Electric equipment shall panels, loading and dumping sites, and not be energized, operated, or repaired working areas. until the air contains less than 1.0 volume per centum of methane. § 77.208 Storage of materials. (a) Materials shall be stored and § 77.211–1 Continuous methane moni- stacked in a manner which minimizes toring device; installation and oper- stumbling or fall-of-material hazards. ation; automatic deenergization of (b) Materials that can create hazards electric equipment. if accidentally liberated from their Continuous methane monitoring de- containers shall be stored in a manner vices shall be set to deenergize auto- that minimizes the dangers. matically electric equipment when (c) Containers holding hazardous ma- such monitor is not operating properly terials must be of a type approved for and to give a warning automatically such use by recognized agencies. when the concentration of methane

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reaches a maximum percentage deter- (d) Roadways to refuse piles shall be mined by an authorized representative fenced or otherwise guarded to restrict of the Secretary which shall not be the entrance of unauthorized persons. more than 1.0 volume per centum of [36 FR 9364, May 22, 1971, as amended at 36 methane. An authorized representative FR 13143, July 15, 1971] of the Secretary shall require such monitor to deenergize automatically § 77.215 Refuse piles; construction re- electric equipment when the con- quirements. centration of methane reaches a max- (a) Refuse deposited on a pile shall be imum percentage determined by such spread in layers and compacted in such representative which shall not be more a manner so as to minimize the flow of than 2.0 volume per centum of meth- air through the pile. ane. (b) Refuse shall not be deposited on a burning pile except for the purpose of § 77.212 Draw-off tunnel ventilation controlling or extinguishing a fire. fans; installation. (c) Clay or other sealants shall be used to seal the surface of any refuse When fans are used to ventilate draw- pile in which a spontaneous ignition off tunnels the fans shall be: has occurred. (a) Installed on the surface; (d) Surface seals shall be kept intact (b) Installed in fireproof housings and and protected from erosion by drainage connected to the tunnel openings with facilities. fireproof air ducts; and, (e) Refuse piles shall not be con- (c) Offset from the tunnel opening. structed so as to impede drainage or impound water. § 77.213 Draw-off tunnel escapeways. (f) Refuse piles shall be constructed When it is necessary for a tunnel to in such a manner as to prevent acci- be closed at one end, an escapeway not dental sliding and shifting of mate- less than 30 inches in diameter (or of rials. (g) No extraneous combustible mate- the equivalent, if the escapeway does rial shall be deposited on refuse piles. not have a circular cross section) shall (h) After October 31, 1975 new refuse be installed which extends from the piles and additions to existing refuse closed end of the tunnel to a safe loca- piles, shall be constructed in com- tion on the surface; and, if the pacted layers not exceeding 2 feet in escapeway is inclined more than 30 de- thickness and shall not have any slope grees from the horizontal it shall be exceeding 2 horizontal to 1 vertical (ap- equipped with a ladder which runs the proximately 27°) except that the Dis- full length of the inclined portion of trict Manager may approve construc- the escapeway. tion of a refuse pile in compacted layers exceeding 2 feet in thickness and § 77.214 Refuse piles; general. with slopes exceeding 27° where engi- (a) Refuse piles constructed on or neering data substantiates that a min- after July 1, 1971, shall be located in imum safety factor of 1.5 for the refuse areas which are a safe distance from all pile will be attained. underground mine airshafts, prepara- (i) Foundations for new refuse piles tion plants, tipples, or other surface in- and additions to existing refuse piles shall be cleared of all vegetation and stallations and such piles shall not be undesirable material that according to located over abandoned openings or current, prudent engineering practices steamlines. would adversely affect the stability of (b) Where new refuse piles are con- the refuse pile. structed over exposed coal beds the ex- (j) All fires in refuse piles shall be exposed coal shall be covered with clay or tinguished, and the method used shall other inert material as the piles are be in accordance with a plan approved constructed. by the District Manager. The plan shall (c) A fireproof barrier of clay or inert contain as a minimum, provisions to material shall be constructed between ensure that only those persons author- old and new refuse piles. ized by the operator, and who have an

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understanding of the procedure to be minute or 15 minute topographic quad- used, shall be involved in the extin- rangle map, or a topographic map of guishing operation. equivalent scale if a USGS map is not available. (Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803 (30 U.S.C. 811, 957), Pub. L. No. 96–511, 94 Stat. (3) A statement of the construction 2812 (44 U.S.C. 3501 et seq.)) history of the refuse pile, and a statement indicating whether the refuse pile [36 FR 9364, May 22, 1971, as amended at 40 has been abandoned in accordance with FR 41776, Sept. 9, 1975; 60 FR 33723, June 29, a plan approved by the District Man- 1995] ager. § 77.215–1 Refuse piles; identification. (4) A topographic map showing at a scale not to exceed 1 inch = 400 feet, A permanent identification marker, the present and proposed maximum ex- at least six feet high and showing the tent of the refuse pile and the area 500 refuse pile identification number as as- feet around the proposed maximum pe- signed by the District Manager, the rimeter. name associated with the refuse pile (5) A statement of whether or not the and the name of the person owning, op- refuse pile is burning. erating or controlling the refuse pile, (6) A description of measures taken shall be located on or immediately ad- to prevent water from being impounded jacent to each refuse pile within the by the refuse pile or contained within time specified in paragraphs (a) or (b) the refuse pile. of this section as applicable. (7) At a scale not to exceed 1 inch = (a) For existing refuse piles, markers 100 feet, cross sections of the length shall be placed before May 1, 1976. and width of the refuse pile at suffi- (b) For new or proposed refuse piles, cient intervals to show the approxi- markers shall be placed within 30 days mate original ground surface, the from acknowledgment of the proposed present configuration and the proposed location of a new refuse pile. maximum extent of the refuse pile, and (Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803 mean sea level elevations at significant (30 U.S.C. 811, 957)) points. [40 FR 41776, Sept. 9, 1975] (8) Any other information pertaining to the stability of the pile which may § 77.215–2 Refuse piles; reporting re- be required by the District Manager. quirements. (c) The information required by para- (a) The proposed location of a new graphs (b)(4) through (b)(8) of this sec- refuse pile shall be reported to and action shall be reported every twelfth knowledged in writing by the District month from the date of original sub- Manager prior to the beginning of any mission for those refuse piles which the work associated with the construction District Manager has determined can of the refuse pile. present a hazard until the District (b) Before May 1, 1976, for existing Manager notifies the operator that the refuse piles, or within 180 days from hazard has been eliminated. the date of acknowledgment of the pro- (Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803 posed location of a new refuse pile, the (30 U.S.C. 811, 957), Pub. L. No. 96–511, 94 Stat. person owning, operating or control- 2812 (44 U.S.C. 3501 et seq.)) ling a refuse pile shall submit to the [40 FR 41776, Sept. 9, 1975, as amended at 57 District Manager a report in triplicate FR 7471, Mar. 2, 1992; 60 FR 33723, June 29, which contains the following: 1995] (1) The name and address of the person owning, operating or controlling § 77.215–3 Refuse piles: certification. the refuse pile; the name associated (a) Within 180 days following written with the refuse pile; the identification notification by the District Manager number of the refuse pile as assigned that a refuse pile can present a hazard, by the District Manager; and the iden- the person owning, operating, or con- tification number of the mine or prepa- trolling the refuse pile shall submit to ration plant as assigned by MSHA. the District Manager a certification by (2) The location of the refuse pile in- a registered engineer that the refuse dicated on the most recent USGS 71⁄2 pile is being constructed or has been

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modified in accordance with current, (3) As determined by the District prudent engineering practices to mini- Manager, present a hazard to coal min- mize the probability of impounding ers. water and failure of such magnitude as (b) Plans for the design and construc- to endanger the lives of miners. tion of all new water, sediment, or (b) After the initial certification re- slurry impoundments and impounding quired by this section and until the structures which meet the require- District Manager notifies the operator ments of paragraph (a) of this section that the hazard has been eliminated, shall be submitted in triplicate to and certification shall be submitted every be approved by the District Manager twelfth month from the date of the ini- prior to the beginning of any work as- tial certification. sociated with construction of the im- (c) Certifications required by para- pounding structure. graphs (a) and (b) of this section shall (c) Before May 1, 1976, a plan for the include all information considered in continued use of an existing water, making the certification. sediment, or slurry impoundment and (Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803 impounding structure which meets the (30 U.S.C. 811, 957)) requirements of paragraph (a) of this section shall be submitted in triplicate [40 FR 41776, Sept. 9, 1975, as amended at 57 to the District Manager for approval. FR 7471, Mar. 2, 1992] (d) The design, construction, and § 77.215–4 Refuse piles; abandonment. maintenance of all water, sediment, or slurry impoundments and impounding When a refuse pile is to be aban- structures which meet the require- doned, the District Manager shall be ments of paragraph (a) of this section notified in writing, and if he deter- shall be implemented in accordance mines it can present a hazard, the with the plan approved by the District refuse pile shall be abandoned in ac- Manager. cordance with a plan submitted by the operator and approved by the District (e) All fires in impounding structures Manager. The plan shall include a shall be extinguished, and the method schedule for its implementation and used shall be in accordance with a plan describe provisions to prevent burning approved by the District Manager. The and future impoundment of water, and plan shall contain as a minimum, pro- provide for major slope stability. visions to ensure that only those persons authorized by the operator, and (Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803 who have an understanding of the pro- (30 U.S.C. 811, 957), Pub. L. No. 96–511, 94 Stat. cedures to be used, shall be involved in 2812 (44 U.S.C. 3501 et seq.)) the extinguishing operation. [40 FR 41776, Sept. 9, 1975, as amended at 60 (Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803 FR 33723, June 29, 1995] (30 U.S.C. 811, 957)) § 77.216 Water, sediment, or slurry im- [40 FR 41776, Sept. 9, 1975] poundments and impounding structures; general. § 77.216–1 Water, sediment or slurry (a) Plans for the design, construc- impoundments and impounding tion, and maintenance of structures structures; identification. which impound water, sediment, or A permanent identification marker, slurry shall be required if such an ex- at least six feet high and showing the isting or proposed impounding struc- identification number of the impound- ture can: ing structure as assigned by the Dis- (1) Impound water, sediment, or slur- trict Manager, the name associated ry to an elevation of five feet or more with the impounding structure and above the upstream toe of the struc- name of the person owning, operating, ture and can have a storage volume of or controlling the structure, shall be 20 acre-feet or more; or located on or immediately adjacent to (2) Impound water, sediment, or slur- each water, sediment or slurry im- ry to an elevation of 20 feet or more pounding structure within the time above the upstream toe of the struc- specified in paragraph (a) or (b) of this ture; or section as applicable.

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(a) For existing water, sediment or a plan view and cross sections of the slurry impounding structures, markers length and width of the impounding shall be placed before May 1, 1976. structure, showing all zones, founda- (b) For new or proposed water, sedi- tion improvements, drainage provi- ment, or slurry impounding structures, sions, spillways, diversion ditches, out- markers shall be placed within 30 days lets, instrument locations, and slope from the start of construction. protection, in addition to the measure- (Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803 ment of the minimum vertical distance (30 U.S.C. 811, 957)) between the crest of the impounding structure and the reservoir surface at [40 FR 41777, Sept. 9, 1975] present and under design storm condi- § 77.216–2 Water, sediment, or slurry tions, sediment or slurry level, water impoundments and impounding level and other information pertinent structures; minimum plan require- to the impoundment itself, including ments; changes or modifications; any identifiable natural or manmade certification. features which could affect operation (a) The plan specified in § 77.216, shall of the impoundment. contain as a minimum the following (8) A description of the type and pur- information: pose of existing or proposed instrumen- (1) The name and address of the per- tation. sons owning, operating or controlling (9) Graphs showing area-capacity the impoundment or impounding struc- curves. ture; the name associated with the im- (10) A statement of the runoff attrib- poundment or impounding structure; utable to the probable maximum pre- the identification number of the im- cipitation of 6-hour duration and the pounding structure as assigned by the calculations used in determining such District Manager; and the identifica- runoff. tion number of the mine or preparation (11) A statement of the runoff attrib- plant as assigned by MSHA. utable to the storm for which the (2) The location of the structure indi- structure is designed and the calcula- cated on the most recent USGS 71⁄2 tions used in determining such runoff. minute or 15 minute topographic quad- (12) A description of the spillway and rangle map, or a topographic map of diversion design features and capac- equivalent scale if a USGS map is not ities and calculations used in their de- available. termination. (3) A statement of the purpose for (13) The computed minimum factor of which the structure is or will be used. safety range for the slope stability of (4) The name and size in acres of the the impounding structure including watershed affecting the impoundment. methods and calculations used to de- (5) A description of the physical and termine each factor of safety. engineering properties of the founda- (14) The locations of surface and un- tion materials on which the structure derground coal mine workings includ- is or will be constructed. ing the depth and extent of such work- (6) A statement of the type, size, ings within the area 500 feet around the range, and physical and engineering perimeter, shown at a scale not to ex- properties of the materials used, or to ceed one inch = 500 feet. be used, in constructing each zone or (15) Provisions for construction sur- stage of the impounding structure; the veillance, maintenance, and repair of method of site preparation and con- the impounding structure. struction of each zone; the approxi- (16) General provisions for abandon- mate dates of construction of the ment. structure and each successive stage; (17) A certification by a registered and for existing structures, such his- engineer that the design of the im- tory of construction as may be avail- pounding structure is in accordance able, and any record or knowledge of with current, prudent engineering structural instability. practices for the maximum volume of (7) At a scale not to exceed 1 inch = water, sediment, or slurry which can be 100 feet, detailed dimensional drawings impounded therein and for the passage of the impounding structure including of runoff from the designed storm

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which exceeds the capacity of the im- operating or controlling the impound- poundment; or, in lieu of the certifi- ing structure shall immediately: cation, a report indicating what addi- (1) Take action to eliminate the po- tional investigations, analyses, or im- tentially hazardous condition; provement work are necessary before (2) Notify the District Manager; such a certification can be made, in- (3) Notify and prepare to evacuate, if cluding what provisions have been necessary, all coal miners from coal made to carry out such work in addi- mine property which may be affected tion to a schedule for completion of by the potentially hazardous condi- such work. tions; and (18) Such other information pertaining to the stability of the impound- (4) Direct a qualified person to mon- ment and impounding structure which itor all instruments and examine the may be required by the District Man- structure at least once every eight ager. hours, or more often as required by an (b) Any changes or modifications to authorized representative of the Sec- plans for water, sediment, or slurry im- retary. poundments or impounding structures (c) After each examination and in- shall be approved by the District Man- strumentation monitoring referred to ager prior to the initiation of such in paragraphs (a) and (b) of this sec- changes or modifications. tion, each qualified person who conducted all or any part of the examina- (Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803 (30 U.S.C. 811, 957)) tion or instrumentation monitoring shall promptly record the results of [40 FR 41777, Sept. 9, 1975] such examination or instrumentation § 77.216–3 Water, sediment, or slurry monitoring in a book which shall be impoundments and impounding available at the mine for inspection by structures; inspection require- an authorized representative of the ments; correction of hazards; pro- Secretary, and such qualified person gram requirements. shall also promptly report the results (a) All water, sediment, or slurry im- of the examination or monitoring to poundments that meet the require- one of the persons specified in para- ments of § 77.216(a) shall be examined as graph (d) of this section. follows: (d) All examination and instrumenta- (1) At intervals not exceeding 7 days, tion monitoring reports recorded in ac- or as otherwise approved by the Dis- cordance with paragraph (c) of this sec- trict Manager, for appearances of tion shall include a report of the action structural weakness and other haz- taken to abate hazardous conditions ardous conditions. and shall be promptly signed or (2) All instruments shall be mon- countersigned by at least one of the itored at intervals not exceeding 7 following persons: days, or as otherwise approved by the (1) The mine foreman; District Manager. (2) The assistant superintendent of (3) Longer inspection or monitoring the mine; intervals approved under this para- (3) The superintendent of the mine; graph (a) shall be justified by the operator based on the hazard potential and (4) The person designated by the op- performance of the impounding struc- erator as responsible for health and ture, and shall include a requirement safety at the mine. for inspection immediately after a (e) Before May 1, 1976, the person specified rain event approved by the owning, operating, or controlling a District Manager. water, sediment, or slurry impound- (4) All inspections required by this ment which meets the requirements of paragraph (a) shall be performed by a § 77.216(a) shall adopt a program for qualified person designated by the per- carrying out the requirements of para- son owning, operating, or controlling graphs (a) and (b) of this section. The the impounding structure. program shall be submitted for ap- (b) When a potentially hazardous proval to the District Manager. The condition develops, the person owning, program shall include as a minimum:

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(1) A schedule and procedures for ex- imum recorded readings of each instru- amining the impoundment and im- ment for the reporting period. pounding structure by a designated (3) The minimum, maximum, and qualified person; present depth and elevation of the im- (2) A schedule and procedures for pounded water, sediment, or slurry for monitoring any required or approved the reporting period. instrumentation by a designated quali- (4) Storage capacity of the impound- fied person; ing structure. (3) Procedures for evaluating haz- (5) The volume of the impounded ardous conditions; water, sediment, or slurry at the end of (4) Procedures for eliminating haz- the reporting period. ardous conditions; (6) Any other change which may have (5) Procedures for notifying the Dis- affected the stability or operation of trict Manager; the impounding structure that has oc- (6) Procedures for evacuating coal curred during the reporting period. miners from coal mine property which (7) A certification by a registered may be affected by the hazardous con- professional engineer that all construc- dition. tion, operation, and maintenance was (f) Before making any changes or in accordance with the approved plan. modifications in the program approved (b) A report is not required under in accordance with paragraph (e) of this section when the operator provides this section, the person owning, oper- the District Manager with a certifi- ating, or controlling the impoundment cation by a registered professional en- shall obtain approval of such changes gineer that there have been no changes or modifications from the District under paragraphs (a)(1) through (a)(6) Manager. of this section to the impoundment or (g) The qualified person or persons impounding structure. However, a re- referred to in paragraphs (a), (b)(4), (c), port containing the information set (e)(1), and (e)(2) of this section shall be out in paragraph (a) of this section trained to recognize specific signs of shall be submitted to the District Man- structural instability and other haz- ager at least every 5 years. ardous conditions by visual observa- [57 FR 7471, Mar. 2, 1992] tion and, if applicable, to monitor instrumentation. § 77.216–5 Water, sediment or slurry (Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803 impoundments and impounding (30 U.S.C. 811, 957)) structures; abandonment. [40 FR 41777, Sept. 9, 1975, as amended at 57 (a) Prior to abandonment of any FR 7471, Mar. 2, 1992] water, sediment, or slurry impoundment and impounding structure which § 77.216–4 Water, sediment or slurry meets the requirements of 30 CFR impoundments and impounding 77.216(a), the person owning, operating, structures; reporting requirements; or controlling such an impoundment certification. and impounding structure shall submit (a) Except as provided in paragraph to and obtain approval from the Dis- (b) of this section, every twelfth month trict Manager, a plan for abandonment following the date of the initial plan based on current, prudent engineering approval, the person owning, operating, practices. This plan shall provide for or controlling a water, sediment, or major slope stability, include a sched- slurry impoundment and impounding ule for the plan’s implementation and, structure that has not been abandoned except as provided in paragraph (b) of in accordance with an approved plan this section, contain provisions to pre- shall submit to the District Manager a clude the probability of future im- report containing the following infor- poundment of water, sediment, or slur- mation: ry. (1) Changes in the geometry of the (b) An abandonment plan does not impounding structure for the reporting have to contain a provision to preclude period. the future impoundment of water if the (2) Location and type of installed in- plan is approved by the District Man- struments and the maximum and min- ager and documentation is included in

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the abandonment plan to ensure that does not mean temporary spoil piles of the following requirements are met: removed overburden material associ- (1) A registered professional engineer, ated with surface mining operations. knowledgeable in the principles of dam (f) Safety factor means the ratio of the design and in the design and construc- forces tending to resist the failure of a tion of the structure, shall certify that structure to the forces tending to cause it substantially conforms to the ap- such failure as determined by accepted proved design plan and specifications engineering practice. and that there are no apparent defects. (Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803 (2) The current owner or prospective (30 U.S.C. 811, 957)) owner shall certify a willingness and ability to assume responsibility for op- [40 FR 41778, Sept. 9, 1975] eration and maintenance of the structure. Subpart D—Thermal Dryers (3) A permit or approval for the continued existence of the impoundment § 77.300 Thermal dryers; general. or impounding structure shall be ob- On and after July 1, 1971 dryer sys- tained from the Federal or State agen- tems used for drying coal at high tem- cy responsible for dam safety. peratures, hereinafter referred to as thermal dryers, including rotary dry- [57 FR 7472, Mar. 2, 1992] ers, continuous carrier dyes, vertical § 77.217 Definitions. tray, and cascade dryers, multilouver dryers, suspension or flash dryers, and For the purpose of §§ 77.214 through fluidized bed dryers, shall be main- 77.216–5, the term: tained and operated in accordance with (a) Abandoned as applied to any the provision of § 77.301 to § 77.306. refuse pile or impoundment and impounding structure means that work [36 FR 9364, May 22, 1971, as amended at 36 on such pile or structure has been com- FR 13143, July 15, 1971] pleted in accordance with a plan for abandonment approved by the District § 77.301 Dryer heating units; oper- Manager. ation. (b) Area-capacity curves means graph- (a) Dryer heating units shall be oper- ic curves which readily show the res- ated to provide reasonably complete ervoir water surface area, in acres, at combustion before heated gases are al- different elevations from the bottom of lowed to enter hot gas inlets. the reservoir to the maximum water (b) Dryer heating units which are surface, and the capacity or volume, in fired by pulverized coal, shall be oper- acre-feet, of the water contained in the ated and maintained in accordance reservoir at various elevations. with the recommended standards set (c) Impounding structure means a forth in the National Fire Protection structure which is used to impound Association Handbook, 12th Edition, water, sediment, or slurry, or any com- Section 9, ‘‘Installation of Pulverized bination of such materials. Fuel Systems,’’ 1962. (d) Probable maximum precipitation means the value for a particular area § 77.302 Bypass stacks. which represents an envelopment of Thermal dryer systems shall include depth-duration-area rainfall relations a bypass stack, relief stack or indi- for all storm types affecting that area vidual discharge stack provided with adjusted meteorologically to maximum automatic venting which will permit conditions. gases from the dryer heating unit to (e) Refuse pile means a deposit of coal bypass the heating chamber and vent mine waste which may contain a mix- to the outside atmosphere during any ture of coal, shale, claystone, siltstone, shutdown operation. sandstone, limestone, and related materials that are excavated during min- § 77.303 Hot gas inlet chamber dropout ing operations or separated from mined doors. coal and disposed of on the surface as Thermal dryer systems which employ waste byproducts of either coal mining a hot gas inlet chamber shall be or preparation operations. Refuse pile equipped with drop-out doors at the

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bottom of the inlet chamber or with no less effective means of purging shall other effective means which permit be provided. coal, fly-ash, or other heated material to fall from the chamber. § 77.307 Thermal dryers; location and installation; general. § 77.304 Explosion release vents. (a) Thermal dryer systems erected or Drying chambers, dry-dust collec- installed at any coal mine after June tors, ductwork connecting dryers to 30, 1971 shall be located at least 100 feet dust collectors, and ductwork between from any underground coal mine open- dust collectors and discharge stacks ing, and 100 feet from any surface in- shall be protected with explosion re- stallation where the heat, sparks, lease vents which open directly to the flames, or coal dust from the system outside atmosphere, and all such vents might cause a fire or explosion. shall be: (b) Thermal dryer systems erected or (a) Hinged to prevent dislodgment; installed after June 30, 1971 may be (b) Designed and constructed to per- covered by roofs, however, such sys- mit checking and testing by manual tems shall not be otherwise enclosed operation; and unless necessary to protect the health (c) Equal in size to the cross-sec- and safety of persons employed at the tional area of the collector vortex find- mine. Where such systems are ener when used to vent dry dust collec- closed, they shall be located in sepa- tors. rate fireproof structures of heavy construction with explosion pressure re- § 77.305 Access to drying chambers, lease devices (such as hinged wall pan- hot gas inlet chambers and duct- els, window sashes, or louvers); which work; installation and maintenance. provide at least 1 square foot of area Drying chambers, hot gas inlet cham- for each 80 cubic feet of space volume bers and all ductwork in which coal and which are distributed as uniformly dust may accumulate shall be equipped as possible throughout the structure. with tight sealing access doors which shall remain latched during dryer oper- § 77.308 Structures housing other fa- ation to prevent the emission of coal cilities; use of partitions. dust and the loss of fluidizing air. Thermal dryer systems installed after June 30, 1971 in any structure § 77.306 Fire protection. which also houses a tipple, cleaning Based on the need for fire protection plant, or other operating facility shall measures in connection with the par- be separated from all other working ticular design of the thermal dryer, an areas of such structure by a substan- authorized representative of the Sec- tial partition capable of providing retary may require any of the fol- greater resistance to explosion pres- lowing measures to be employed: sures than the exterior wall or walls of (a) Water sprays automatically actu- the structure. The partition shall also ated by rises in temperature to prevent include substantial, self-closing fire fire, installed inside the thermal dryer doors at all entrances to the areas ad- systems, and such sprays shall be de- joining the dryer system. signed to provide for manual operation in the event of power failure. § 77.309 Visual check of system equip- (b) Fog nozzles, or other no less effec- ment. tive means, installed inside the ther- Frequent visual checks shall be made mal dryer systems to provide addi- by the operator of the thermal dryer tional moisture or an artificial drying system control station, or by some load within the drying system when other competent person, of the bypass the system is being started or shut- dampers, air-tempering louvers, dis- down. charge mechanism, and other dryer (c) The water system of each thermal system equipment. dryer shall be interconnected to a supply of compressed air which permits § 77.309–1 Control stations; location. constant or frequent purging of all Thermal dryer system control sta- water sprays and fog nozzles or other tions constructed after June 30, 1971,

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shall be installed at a location which adjustment. These instruments shall will give to the operator of the control not be set above the maximum allow- station the widest field of visibility of able operating temperature. the system and equipment. (c) All dryer control instruments shall be inspected and calibrated at § 77.310 Control panels. least once every 3 months and a record (a) All thermal dryer system control or certificate of accuracy, signed by a panels constructed after June 30, 1971 trained employee or by a servicing shall be located in an area which is rel- agent, shall be kept at the plant. atively free of moisture and dust and shall be installed in such a manner as § 77.315 Thermal dryers; examination to minimize vibration. and inspection. (b) A schematic diagram containing Thermal dryer systems shall be ex- legends which show the location of amined for fires and coal-dust accumu- each thermocouple, pressure tap, or lations if the dryers are not restarted other control or gaging instrument in promptly after a shutdown. the drying system shall be posted on or near the control panel of each thermal Subpart E—Safeguards for drying system. (c) Each instrument on the control Mechanical Equipment panel shall be identified by a name- § 77.400 Mechanical equipment guards. plate or equivalent marking. (d) A plan to control the operation of (a) Gears; sprockets; chains; drive, each thermal dryer system shall be head, tail, and takeup pulleys; posted at or near the control panel flywheels; couplings; shafts; sawblades; showing a sequence of startup, normal fan inlets; and similar exposed moving shutdown, and emergency shutdown machine parts which may be contacted procedures. by persons, and which may cause injury to persons shall be guarded. § 77.311 Alarm devices. (b) Overhead belts shall be guarded if Thermal dryer systems shall be the whipping action from a broken line equipped with both audible and visual would be hazardous to persons below. alarm devices which are set to operate (c) Guards at conveyor-drive, con- when safe dryer temperatures are ex- veyor-head, and conveyor-tail pulleys ceeded. shall extend a distance sufficient to prevent a person from reaching behind § 77.312 Fail safe monitoring systems. the guard and becoming caught be- Thermal dryer systems and controls tween the belt and the pulley. shall be protected by a fail safe moni- (d) Except when testing the machin- toring system which will safely shut ery, guards shall be securely in place down the system and any related while machinery is being operated. equipment upon failure of any compo- § 77.401 Stationary grinding machines; nent in the dryer system. protective devices. § 77.313 Wet-coal feedbins; low-level in- (a) Stationary grinding machines dicators. other than special bit grinders shall be Wet-coal bins feeding thermal drying equipped with: systems shall be equipped with both (1) Peripheral hoods (less than 90° audible and visual low-coal-level indi- throat openings) capable of with- cators. standing the force of a bursting wheel. (2) Adjustable tool rests set as close § 77.314 Automatic temperature con- as practical to the wheel. trol instruments. (3) Safety washers. (a) Automatic temperature control (b) Grinding wheels shall be operated instruments for thermal dryer system within the specifications of the manu- shall be of the recording type. facturer of the wheel. (b) Automatic temperature control (c) Face shields or goggles, in good instruments shall be locked or sealed condition, shall be worn when oper- to prevent tampering or unauthorized ating a grinding wheel.

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§ 77.402 Hand-held power tools; safety (b) Mobile equipment manufactured on devices. and after September 1, 1974. All mobile Hand-held power tools shall be equipment described in paragraph (a) equipped with controls requiring con- of this section manufactured on and stant hand or finger pressure to oper- after September 1, 1974 shall be ate the tools or shall be equipped with equipped with ROPS meeting the re- friction or other equivalent safety de- quirements of the Department of Labor vices. specified in §§ 1926.1001 and 1926.1002 of Part 1926, Title 29, Code of Federal Reg- § 77.403 Mobile equipment; falling ob- ulations—Safety and Health Regula- ject protective structures (FOPS). tions for Construction. (a) When necessary to protect the op- (c) Mobile equipment manufactured erator of the equipment, all rubber- prior to September 1, 1974. All mobile tired or crawler-mounted self-propelled equipment described in paragraph (a) scrapers, front-end loaders, dozers, of this section manufactured prior to graders, loaders, and tractors, with or September 1, 1974 shall be equipped without attachments, that are used in with ROPS meeting the requirements surface coal mines or the surface work of paragraphs (d) through (f) of this areas of underground coal mines shall section, as appropriate, no later than be provided with substantial falling ob- the dates specified in paragraphs (1), ject protective structures (FOPS). (2), and (3) of this paragraph (c), unless FOPS which meet the requirements of an earlier date is required by an au- the Society of Automotive Engineers thorized representative of the Sec- (SAE) Standard J 231 shall be consid- retary under paragraph (c)(4) of this ered to be a ‘‘substantial’’ FOPS. An section: authorized representative of the Sec- (1) Mobile equipment manufactured retary may approve a FOPS which provides protection equivalent to SAE J between July 1, 1971, and September 1, 231. 1974, shall be equipped with ROPS no (b) When necessary to protect the op- later than March 1, 1975. erator of the equipment, forklift or (2) Mobile equipment manufactured powered industrial trucks shall be pro- between July 1, 1970, and June 30, 1971, vided with substantial FOPS. Such shall be equipped with ROPS no later FOPS shall meet the requirements of than July 1, 1975. the State of California, Division of In- (3) Mobile equipment manufactured dustrial Safety, General Safety Orders, between July 1, 1969, and June 30, 1970, Register 72, Number 6, February 8, 1972, shall be equipped with ROPS no later Article 25, Section 3655—‘‘Overhead than January 1, 1976. Guards for High-Lift Rider Trucks.’’ (4) Irrespective of the time periods (Sec. 101(a), Federal Coal Mine Health and specified in paragraph (c) (1) through Safety Act of 1969, as amended (83 Stat. 745; (3) of this section an authorized rep- 30 U.S.C. 811(a)) resentative of the Secretary may re- [39 FR 24007, June 28, 1974] quire such mobile equipment to be equipped with ROPS at an earlier date § 77.403–1 Mobile equipment; rollover when necessary to protect the operator protective structures (ROPS). of the equipment under the conditions (a) All rubber-tired or crawler- in which the mobile equipment is, or mounted self-propelled scrapers, front- will be operated. The authorized rep- end loaders, dozers, graders, loaders, resentative of the Secretary shall in and tractors, with or without attach- writing advise the operator that the ments, that are used in surface coal equipment shall be equipped with a mines or the surface work areas of un- ROPS and shall fix a time within which derground coal mines shall be provided the operator shall provide and install with rollover protective structures the ROPS. If such ROPS is not pro- (hereinafter referred to as ROPS) in ac- vided and installed within the time cordance with the requirements of fixed a notice shall be issued to the op- paragraphs (b) through (f) of this sec- erator pursuant to section 104 of the tion, as applicable. Act.

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(5) Nothing in this § 77.403–1 shall pre- Tractors and Track-Type Front-End clude the issuance of a withdrawal Loaders’’; or order because of imminent danger. (iv) J 396 or J 396a, ‘‘Minimum Per- (d) Except as provided in paragraph formance Criteria for Rollover Protec- (e) of this section, mobile equipment tive Structures for Motor Graders’’; or described in paragraph (a) of this sec- (v) J 167, ‘‘Protective Frame with tion, manufactured prior to September Overhead Protection—Test Procedures 1, 1974, shall be deemed in compliance and Performance Requirements’’; or with this section if the ROPS is in- (vi) J 334a, ‘‘Protective Frame Test stalled in accordance with the rec- Procedures and Performance Require- ommendations of the ROPS manufac- ments’’; or turer or designer. The coal mine oper- (2) The ROPS and supporting attach- ator shall exhibit certification from ments will: the ROPS manufacturer or designer in (i) Show satisfactory performance by the form of a label attached to the actual test of a prototype involving a equipment, indicating the manufactur- roll of 720° or more; or er’s or fabricator’s name and address, (ii) Support not less than the weight the ROPS model number, if any, the of the vehicle applied as a uniformly machine make, model or series number distributed horizontal load at the top that the structure is designed to fit, of the structure and perpendicular to a and compliance with the applicable vertical plane through the longitudinal specification listed in paragraph (c)(1) axis of the prime mover, and support or (2) of this section, or he shall, upon two times the weight of the vehicle ap- request of the authorized representa- plied as a uniformly distributed tive of the Secretary, furnish certifi- vertical load to the top of the struc- cation from a registered professional ture; 1 or engineer that: (iii) Support the following separately (1) The ROPS complies with the Soci- applied minimum loads: ety of Automotive Engineers (SAE) (A) 125 percent of the weight of the Standard J 397, ‘‘Critical Zone—Char- vehicle applied as a uniformly distrib- acteristics and Dimensions for Opera- uted horizontal load at the top of the tors of Construction and Industrial Ma- ROPS and perpendicular to a critical chinery’’ or SAE J 397a, ‘‘Deflection plane through the longitudinal axis of Limiting Volume for Laboratory Eval- the prime mover; and uation of Rollover Protective Struc- (B) A load of twice the weight of the tures (ROPS) and Falling Object Pro- vehicle applied as a uniformly distrib- tective Structures (FOPS) of Construc- uted vertical load to the top of the tion and Industrial Vehicles’’ and the ROPS after complying with paragraph following applicable SAE Standards: (d) (1) (iii) (A) of this section. Stresses (i) J 320a, ‘‘Minimum Performance shall not exceed the ultimate strength. Criteria for Rollover Protective Struc- Steel used in the ROPS must have ca- ture for Rubber-Tired Self-Propelled pability to perform at 0 °F., or exhibit Scrapers’’ or J 320b, ‘‘Minimum Per- Charpy V-notch impact strength at 8 formance Criteria for Rollover Protec- ft.-lb. at ¥20 °F. with a standard tive Structures for Prime Movers’’; or Charpy V-notch Type A specimen and (ii) J 394, ‘‘Minimum Performance provide 20 percent elongation over two Criteria for Rollover Protective Struc- inches in a standard two inch gauge ture for Rubber-Tired Front-End Load- length on a 0.505 inch diameter tensile ers and Rubber-Tired Dozers’’ or J 394a, specimen. Bolts and nuts shall be SAE ‘‘Minimum Performance Criteria for grade 8 (reference SAE J 429d, J 429e, J Rollover Protective Structures for Wheeled Front-End Loaders and Wheeled Dozers’’; or 1 1Paragraph (d) of § 77.403–1 is based on the (iii) J 395, ‘‘Minimum Performance ROPS criteria of the U.S. Army Corps of En- Criteria for Rollover Protective Struc- gineers, Safety—General Safety Require- ments EM 385–1–1, Change 1, No. 21, Para. ture for Crawler Tractors and Crawler- 18.A.20 (March 27, 1972), except that subpara- Type Loaders’’ or J 395a, ‘‘Minimum graph (2)(ii) of this paragraph (d) is sub- Performance Criteria for Rollover Pro- stituted for Para. 18.A.20e(2) of the Corps re- tective Structures for Track-Type quirements.

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429f or J 429g and J 995, J 995a or J tions other than the Mine Safety and 995b). Health Administration (MSHA), are (e) Mobile equipment manufactured hereby incorporated by reference and prior to September 1, 1974 meeting certain made a part hereof. The incorporated existing governmental requirements for publications are available at each ROPS. Mobile equipment described in MSHA Coal Mine Safety and Health paragraph (a) of this section, manufac- district office of MSHA. The U.S. Army tured prior to September 1, 1974 and al- Corps of Engineers, Safety—General ready equipped with ROPS, shall be Safety Requirements and the Occupa- deemed in compliance with this section tional Safety and Health Administra- if it meets the ROPS requirements of tion regulations are also available the State of California, the U.S. Army from the Information Dissemination Corps of Engineers, the Bureau of Rec- (Superintendent of Documents), P.O. lamation of the U.S. Department of the Box 371954, Pittsburgh, PA 15250–7954; Interior in effect on April 5, 1972, or the Telephone: 866–512–1800 (toll free) or Occupational Safety and Health Ad- 202–512–1800; http://bookstore.gpo.gov. Bu- ministration, U.S. Department of reau of Reclamation Safety and Health Labor. The requirements in effect are: Regulations for Construction are avail- (1) State of California: Construction able from the Bureau of Reclamation, Safety Orders 1591(i), 1596, and Logging Division of Safety, Engineering and Re- and Sawmill Safety Order 5243, issued search Center, Denver, Colorado. SAE by the Department of Industrial Rela- documents are available from the Soci- tions pursuant to Division 5, Labor ety of Automotive Engineers, Inc., 400 Code § 6312, State of California; Commonwealth Drive, Warrendale, PA (2) U.S. Army Corps of Engineers: 15096. American Welding Society Struc- Safety—General Safety Requirements, tural Welding Code D1–1–73 is available EM–385–1–1 (March 1967); from the American Welding Society, (3) Bureau of Reclamation, U.S. De- Inc., 550 N.W. LeJeune Road, Miami, partment of the Interior: Safety and FL 33126. Military Standard MIL-STD Health Regulations for Construction, 248 is available from the U.S. Govern- Part II (September 1971); and ment Printing Office, Washington, DC (4) Occupational Safety and Health 20202. Administration, U.S. Department of Labor: Safety and Health Regulations (Sec. 101(a), the Federal Coal Mine Health for Construction, 29 CFR 1926.1001 and and Safety Act of 1969, as amended (83 Stat. 745; 30 U.S.C. 811(a)) 1926.1002. (f) Field welding on ROPS shall be [39 FR 24008, June 28, 1974, as amended at 60 performed by welders who are certified FR 35695, July 11, 1995. Redesignated and by the coal mine operator or equip- amended at 71 FR 16669, Apr. 3, 2006] ment distributor as being qualified in § 77.404 Machinery and equipment; op- accordance with the American Welding eration and maintenance. Society Structural Welding Code AWS (a) Mobile and stationary machinery D1.1–73, or Military Standard MIL-STD and equipment shall be maintained in 248, or the equivalent thereof. safe operating condition and machin- (g) Seat belts required by § 77.1710(i) ery or equipment in unsafe condition shall be worn by the operator of mobile shall be removed from service imme- equipment required to be equipped with diately. ROPS by § 77.403–1. (b) Machinery and equipment shall be (Sec. 101(a), Federal Coal Mine Health and operated only by persons trained in the Safety Act of 1969, as amended (83 Stat. 745; use of and authorized to operate such 30 U.S.C. 811(a)) machinery or equipment. [39 FR 24007, June 28, 1974. Redesignated and (c) Repairs or maintenance shall not amended at 71 FR 16669, Apr. 3, 2006] be performed on machinery until the power is off and the machinery is § 77.403–2 Incorporation by reference. blocked against motion, except where In accordance with 5 U.S.C. 552(a), machinery motion is necessary to the publications to which references make adjustments. are made in §§ 77.403 and 77.403–1 and (d) Machinery shall not be lubricated which have been prepared by organiza- while in motion where a hazard exists,

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unless equipped with extended fittings and trucks, except pickup trucks with or cups. an unobstructed rear view, shall be equipped with a warning device that— § 77.405 Performing work from a (1) Gives an audible alarm when the raised position; safeguards. equipment is put in reverse; or (a) Men shall not work on or from a (2) Uses infrared light, ultrasonic piece of mobile equipment in a raised waves, radar, or other effective devices position until it has been blocked in to detect objects or persons at the rear place securely. This does not preclude of the equipment, and sounds an audi- the use of equipment specifically de- ble alarm when a person or object is designed as elevated mobile work plat- tected. This type of discriminating forms. warning device shall— (b) No work shall be performed under (i) Have a sensing area of a sufficient machinery or equipment that has been size that would allow endangered per- raised until such machinery or equip- sons adequate time to get out of the ment has been securely blocked in po- danger zone. sition. (ii) Give audible and visual alarms inside the operator’s compartment and § 77.406 Drive belts. an audible alarm outside of the opera- (a) Drive belts shall not be shifted tor’s compartment when a person or while in motion unless the machines object is detected in the sensing area; are provided with mechanical shifters. and (b) Belt dressing shall not be applied (iii) When the equipment is put in re- while belts are in motion except where verse, activate and give a one-time au- it can be applied without endangering a dible and visual alarm inside the opera- person. tor’s compartment and a one-time audible alarm outside the operator’s com- § 77.407 Power-driven pulleys. partment. (a) Belts, chains, and ropes shall not (b) Alarms shall be audible above the be guided onto power-driven moving surrounding noise levels. pulleys, sprockets, or drums with the (c) Warning devices shall be main- hands except on slow moving equip- tained in functional condition. ment especially designed for hand feed- (d) An automatic reverse-activated ing. strobe light may be substituted for an (b) Pulleys of conveyors shall not be audible alarm when mobile equipment cleaned manually while the conveyor is is operated at night. in motion. [54 FR 30517, July 20, 1989] § 77.408 Welding operations. § 77.411 Compressed air and boilers; Welding operations shall be shielded general. and the area shall be well-ventilated. All boilers and pressure vessels shall § 77.409 Shovels, draglines, and trac- be constructed, installed, and main- tors. tained in accordance with the stand- (a) Shovels, draglines, and tractors ards and specifications of the American shall not be operated in the presence of Society of Mechanical Engineers Boiler any person exposed to a hazard from its and Pressure Vessel Code. operation and all such equipment shall be provided with an adequate warning § 77.412 Compressed air systems. device which shall be sounded by the (a) Compressors and compressed-air operator prior to starting operation. receivers shall be equipped with auto- (b) Shovels and draglines shall be matic pressure-relief valves, pressure equipped with handrails along and gages, and drain valves. around all walkways and platforms. (b) Repairs involving the pressure system of compressors, receivers, or § 77.410 Mobile equipment; automatic compressed-air-powered equipment warning devices. shall not be attempted until the pres- (a) Mobile equipment such as front- sure has been relieved from that part of end loaders, forklifts, tractors, graders, the system to be repaired.

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(c) At no time shall compressed air son or by a person trained to perform be directed toward a person. When electrical work and to maintain elec- compressed air is used, all necessary trical equipment under the direct su- precautions shall be taken to protect pervision of a qualified person. Dis- persons from injury. connecting devices shall be locked out (d) Safety chains or suitable locking and suitably tagged by the persons who devices shall be used at connections to perform such work, except that in machines of high-pressure hose lines of cases where locking out is not possible, 1-inch inside diameter or larger, and such devices shall be opened and suit- between high-pressure hose lines of 1- ably tagged by such persons. Locks or inch inside diameter or larger, where a tags shall be removed only by the per- connection failure would create a haz- sons who installed them or, if such per- ard. sons are unavailable, by persons authorized by the operator or his agent. § 77.413 Boilers. (a) Boilers shall be equipped with § 77.501–1 Qualified person. guarded, well-maintained water gages A qualified person within the mean- and pressure gages placed so that they ing of § 77.501 is an individual who can be observed easily. Water gages meets the requirements of § 77.103. and pipe passages to the gages shall be kept clean and free of scale and rust. § 77.502 Electric equipment; examina- (b) Boilers shall be equipped with tion, testing, and maintenance. automatic pressure-relief valves; Electric equipment shall be fre- valves shall be opened manually at quently examined, tested, and properly least once a week to determine that maintained by a qualified person to as- they will function properly. sure safe operating conditions. When a (c) Blowoff valves shall be piped out- potentially dangerous condition is side the building and shall have outlets found on electric equipment, such so located or protected that persons equipment shall be removed from serv- passing by, near, or under them will ice until such condition is corrected. A not be scalded. record of such examinations shall be (d) Boiler installations shall be pro- kept. vided with safety devices, acceptable to the Mine Safety and Health Adminis- § 77.502–1 Qualified person. tration, to protect against hazards of flameouts, fuel interruptions, and low- A qualified person within the mean- water level. ing of § 77.502 is an individual who (e) Boilers shall be inspected inter- meets the requirements of § 77.103. nally at least once a year by a licensed inspector and a certificate of inspec- § 77.502–2 Electric equipment; frequency of examination and testing. tion signed by the inspector shall be displayed in the vicinity of the boiler. The examinations and tests required under the provision of this § 77.502 shall Subpart F—Electrical Equipment— be conducted at least monthly. General § 77.503 Electric conductors; capacity and insulation. § 77.500 Electric power circuits and electric equipment; deenergization. Electric conductors shall be suffi- Power circuits and electric equip- cient in size and have adequate current ment shall be deenergized before work carrying capacity and be of such con- is done on such circuits and equipment, struction that a rise in temperature re- except when necessary for trouble- sulting from normal operation will not shooting or testing. damage the insulating materials.

§ 77.501 Electric distribution circuits § 77.503–1 Electric conductors. and equipment; repair. Electric conductors shall be suffi- No electrical work shall be performed cient in size to meet the minimum cur- on electric distribution circuits or rent carrying capacity provided for in equipment, except by a qualified per- the National Electric Code, 1968. All

702

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trailing cables shall meet the min- resters which are adequately installed imum requirements for ampacity pro- and connected to a low resistance vided in the standards of the Insulated grounding medium. Power Cable Engineers Association— National Electric Manufacturers Asso- § 77.508–1 Lightning arresters; wires ciation in effect when such cables are entering buildings. purchased. Lightning arresters protecting exposed telephone wires entering build- § 77.504 Electrical connections or ings shall be provided at the point splices; suitability. where each such telephone wire enters Electrical connections or splices in the building. electric conductors shall be mechanically and electrically efficient, and § 77.509 Transformers; installation and suitable connectors shall be used. All guarding. electrical connections or splices in in- (a) Transformers shall be of the to- sulated wire shall be reinsulated at tally enclosed type, or shall be placed least to the same degree of protection at least 8 feet above the ground, or in- as the remainder of the wire. stalled in a transformer house, or sur- rounded by a substantial fence at least § 77.505 Cable fittings; suitability. 6 feet high and at least 3 feet from any Cables shall enter metal frames of energized parts, casings, or wiring. motors, splice boxes, and electric com- (b) Transformer stations shall be en- partments only through proper fit- closed to prevent persons from unin- tings. When insulated wires, other than tentionally or inadvertently con- cables, pass through metal frames, the tacting energized parts. holes shall be substantially bushed (c) Transformer enclosures shall be with insulated bushings. kept locked against unauthorized entry. § 77.506 Electric equipment and circuits; overload and short-circuit § 77.510 Resistors; location and guard- protection. ing. Automatic circuit-breaking devices Resistors, heaters, and rheostats or fuses of the correct type and capac- shall be located so as to minimize fire ity shall be installed so as to protect hazards and, where necessary, provided all electric equipment and circuits with guards to prevent personal con- against short circuit and overloads. tact.

§ 77.506–1 Electric equipment and cir- § 77.511 Danger signs at electrical in- cuits; overload and short circuit stallations. protection; minimum requirements. Suitable danger signs shall be posted Devices providing either short circuit at all major electrical installations. protection or protection against overload shall conform to the minimum re- § 77.512 Inspection and cover plates. quirements for protection of electric Inspection and cover plates on elec- circuits and equipment of the National trical equipment shall be kept in place Electric Code, 1968. at all times except during testing or repairs. § 77.507 Electric equipment; switches. All electric equipment shall be pro- § 77.513 Insulating mats at power vided with switches or other controls switches. that are safely designed, constructed, Dry wooden platforms, insulating and installed. mats, or other electrically nonconductive material shall be kept in place at § 77.508 Lightning arresters, all switchboards and power-control ungrounded and exposed power switches where shock hazards exist. conductors and telephone wires. However, metal plates on which a per- All ungrounded, exposed power con- son normally would stand and which ductors and telephone wires shall be are kept at the same potential as the equipped with suitable lightning ar- grounded, metal, non-current-carrying

703

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parts of the power switches to be oper- § 77.602 Permanent splicing of trailing ated may be used. cables. When permanent splices in trailing § 77.514 Switchboards; passageways cables are made, they shall be: and clearance. (a) Mechanically strong with ade- Switchboards shall be installed to quate electrical conductivity; provide passageways or lanes of travel (b) Effectively insulated and sealed which permit access to the back of the so as to exclude moisture; and, switchboard from both ends for inspec- (c) Vulcanized or otherwise made tion, adjustment or repair. Openings with suitable materials to provide good permitting access to the rear of any bonding to the outer jacket. switchboard shall be guarded, except where they are located in buildings § 77.603 Clamping of trailing cables to which are kept locked. equipment. Trailing cables shall be clamped to § 77.515 Bare signal or control wires; machines in a manner to protect the voltage. cables from damage and to prevent The voltage on bare signal or control strain on the electrical connections. wires accessible to personal contact shall not exceed 40 volts. § 77.604 Protection of trailing cables. Trailing cables shall be adequately § 77.516 Electric wiring and equip- protected to prevent damage by mobile ment; installation and maintenance. equipment. In addition to the requirements of § 77.605 Breaking trailing cable and §§ 77.503 and 77.506, all wiring and elec- power cable connections. trical equipment installed after June 30, 1971, shall meet the requirements of Trailing cable and power cable con- the National Electric Code in effect at nections between cables and to power the time of installation. sources shall not be made or broken under load.

Subpart G—Trailing Cables § 77.606 Energized trailing cables; handling. § 77.600 Trailing cables; short-circuit protection; disconnecting devices. Energized medium- and high-voltage trailing cables shall be handled only by Short-circuit protection for trailing persons wearing protective rubber cables shall be provided by an auto- gloves (see § 77.606–1) and, with such matic circuit breaker or other no less other protective devices as may be nec- effective device, approved by the Sec- essary and appropriate under the cir- retary, of adequate current-inter- cumstances. rupting capacity in each ungrounded conductor. Disconnecting devices used § 77.606–1 Rubber gloves; minimum re- to disconnect power from trailing ca- quirements. bles shall be plainly marked and iden- (a) Rubber gloves (lineman’s gloves) tified and such devices shall be worn while handling high-voltage trail- equipped or designed in such a manner ing cables shall be rated at least 20,000 that it can be determined by visual ob- volts and shall be used and tested in servation that the power is discon- accordance with the provisions of nected. §§ 77.704–6 through 77.704–8. (b) Rubber gloves (wireman’s gloves) § 77.601 Trailing cables or portable ca- worn while handling trailing cables en- bles; temporary splices. ergized by 660 to 1,000 volts shall be Temporary splices in trailing cables rated at least 1,000 volts and shall not or portable cables shall be made in a be worn inside out or without protec- workmanlike manner and shall be me- tive leather gloves. chanically strong and well insulated. (c) Rubber gloves shall be inspected Trailing cables or portable cables with for defects before use on each shift and exposed wires or splices that heat or at least once thereafter during the spark under load shall not be used. shift when such rubber gloves are used

704

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for extended periods. All protective equipment receiving power from rubber gloves which contain defects ungrounded alternating current power shall be discarded and replaced prior to systems, the following methods of handling energized cables. grounding will be approved: (a) A solid connection between the Subpart H—Grounding metallic frame; casing, or other metal enclosure and the grounded metallic § 77.700 Grounding metallic sheaths, sheath, armor, or conduit enclosing the armors, and conduits enclosing power conductor feeding the electric power conductors. equipment enclosed; Metallic sheaths, armors, and con- (b) A solid connection to metal duits enclosing power conductors shall waterlines having low resistance to be electrically continuous throughout earth; and shall be grounded by methods ap- (c) A solid connection to a grounding proved by an authorized representative conductor extending to a low-resist- of the Secretary. ance ground field; and, (d) Any other method of grounding, § 77.700–1 Approved methods of approved by an authorized representa- grounding. tive of the Secretary, which insures Metallic sheaths, armors, and con- that there is no difference in potential duits in resistance grounded systems, between such metal enclosures and the where the enclosed conductors are a earth. part of the system, will be approved if a solid connection is made to the neu- § 77.701–2 Approved methods of tral conductor; in all other systems, grounding metallic frames, casings, and other enclosures of electric the following methods of grounding equipment receiving power from a will be approved: direct-current power system. (a) A solid connection to metal waterlines having low resistance to (a) The following methods of ground- earth; ing metallic frames, casings, and other enclosures of electric equipment re- (b) A solid connection to a grounding ceiving power from a direct-current conductor, other than the neutral con- power system with one polarity ductor of a resistance grounded sys- grounded will be approved: tem, extending to a low-resistance ground field; (1) A solid connection to the grounded power conductor of the system; and, (c) Any other method of grounding, approved by an authorized representa- (2) Any other method, approved by an tive of the Secretary, which ensures authorized representative of the Sec- that there is no difference in potential retary, which insures that there is no between such metallic enclosures and difference in potential between such the earth. metal enclosures and the earth. (b) A method of grounding of metallic § 77.701 Grounding metallic frames, frames, casings, and other enclosures casings, and other enclosures of of electric equipment receiving power electric equipment. from a direct-current power system Metallic frames, casings, and other other than a system with one polarity enclosures of electric equipment that grounded, will be approved by an au- can become ‘‘alive’’ through failure of thorized representative of the Sec- insulation or by contact with energized retary if the method insures that there parts shall be grounded by methods ap- is no difference in potential between proved by an authorized representative such frames, casings, and other enclo- of the Secretary. sures, and the earth.

§ 77.701–1 Approved methods of § 77.701–3 Grounding wires; capacity. grounding of equipment receiving Where grounding wires are used to power from ungrounded alternating ground metallic sheaths, armors, con- current power systems. duits, frames, casings, and other metal- For purposes of grounding metallic lic enclosures, such grounding wires frames, casings and other enclosures of will be approved if:

705

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(a) Where the power conductor used maintained the protective devices nec- is No. 6 A.W.G., or larger, the cross-sec- essary in making such repairs. tional area of the grounding wire is at least one-half the cross-sectional area § 77.704–1 Work on high-voltage lines. of the power conductor. (a) No high-voltage line shall be re- (b) Where the power conductor used garded as deenergized for the purpose is less than No. 6 A.W.G., the cross-sec- of performing work on it, until it has tional area of the grounding wire is been determined by a qualified person equal to the cross-sectional area of the (as provided in § 77.103) that such high- power conductor. voltage line has been deenergized and grounded. Such qualified person shall § 77.701–4 Use of grounding connectors. by visual observation (1) determine that the disconnecting devices on the If ground wires are attached to high-voltage circuit are in open posi- grounded power conductors, separate tion, and (2) insure that each clamps, suitable for such purpose, shall ungrounded conductor of the high-volt- be used and installed to provide a solid age circuit upon which work is to be connection. done is properly connected to the system grounding medium. In the case of § 77.702 Protection other than grounding. resistance grounded or solid wye-connected systems, the neutral wire is the Methods other than grounding which system grounding medium. In the case provide no less effective protection of an ungrounded power system, either may be permitted by the Secretary or the steel armor or conduit enclosing his authorized representative. Such the system or a surface grounding field methods may not be used unless so ap- is a system grounding medium; proved. (b) No work shall be performed on any high-voltage line which is sup- § 77.703 Grounding frames of stationary high-voltage equipment reported by any pole or structure which ceiving power from ungrounded also supports other high-voltage lines delta systems. until: (1) All lines supported on the pole or structure are deenergized and The frames of all stationary high- grounded in accordance with all of the voltage equipment receiving power provisions of this § 77.704–1 which apply from ungrounded delta systems shall to the repair of deenergized surface be grounded by methods approved by high-voltage lines; or (2) the provisions an authorized representative of the of §§ 77.704–2 through 77.704–10 have been Secretary. complied with, with respect to all ener- § 77.703–1 Approved methods of gized lines, which are supported on the grounding. pole or structure. The methods of grounding stated in (c) Work may be performed on ener- § 77.701–1 will be approved with respect gized surface high-voltage lines only in to the grounding of frames of high- accordance with the provisions of voltage equipment referred to in §§ 77.704–2 through 77.704–10, inclusive. § 77.703. § 77.704–2 Repairs to energized high- voltage lines. § 77.704 Work on high-voltage lines; deenergizing and grounding. An energized high-voltage line may High-voltage lines shall be deener- be repaired only when: gized and grounded before work is per- (a) The operator has determined that, formed on them, except that repairs (1) Such repairs cannot be scheduled may be permitted on energized high- during a period when the power circuit voltage lines if (a) such repairs are could be properly deenergized and made by a qualified person in accord- grounded; ance with procedures and safeguards (2) Such repairs will be performed on set forth in §§ 77.704–1 through 77.704–11 power circuits with a phase-to-phase of this Subpart H as applicable, and (b) nominal voltage no greater than 15,000 the operator has tested and properly volts;

706

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(3) Such repairs on circuits with a work on different phases or on equip- phase-to-phase nominal voltage of 5,000 ment with different potentials. volts or more will be performed only with the use of live line tools; and, § 77.704–5 Installation of protective (4) Weather conditions will not inter- equipment. fere with such repairs or expose those Before repair work on energized high- persons assigned to such work to an voltage surface lines is begun, protec- imminent danger; and, tive equipment shall be used to cover (b) The operator has designated a all bare conductors, ground wires, person qualified under the provisions of guys, telephone lines, and other at- § 77.104 as the person responsible for tachments in proximity to the area of carrying out such repairs and such per- planned repairs. Such protective equip- son, in order to ensure protection for ment shall be installed from a safe po- himself and other qualified persons as- sition below the conductors or other signed to perform such repairs from the apparatus being covered. Each rubber hazards of such repair, has prepared protective device employed in the mak- and filed with the operator: ing of repairs shall have a dielectric (1) A general description of the na- strength of 20,000 volts, or more. ture and location of the damage or defect to be repaired; § 77.704–6 Protective clothing; use and inspection. (2) The general plan to be followed in making such repairs; All persons performing work on ener- (3) A statement that a briefing of all gized high-voltage surface lines shall qualified persons assigned to make wear protective rubber lineman’s such repairs was conducted informing gloves, sleeves, and climber guards if them of the general plan, their indi- climbers are worn. Protective rubber vidual assignments, and the dangers in- gloves shall not be worn wrong side out herent in such assignments; or without protective leather gloves. Protective devices worn by a person as- (4) A list of the proper protective signed to perform repairs on high-volt- equipment and clothing that will be age surface lines shall be worn continu- provided; and ously from the time he leaves the (5) Such other information as the ground until he returns to the ground person designated by the operator feels and, if such devices are employed for necessary to describe properly the extended periods, such person shall vis- means or methods to be employed in ually inspect the equipment assigned such repairs. him for defects before each use and, in no case, less than twice each day. § 77.704–3 Work on energized high- voltage surface lines; reporting. § 77.704–7 Protective equipment; in- Any operator designating and assign- spection. ing qualified persons to perform repairs Each person shall visually inspect on energized high-voltage surface lines protective equipment and clothing pro- under the provisions of § 77.704–2 shall vided him in connection with work on maintain a record of such repairs. Such high-voltage surface lines before using record shall contain a notation of the such equipment and clothing, and any time, date, location, and general na- equipment or clothing containing any ture of the repairs made together with defect or damage shall be discarded and a copy of the information filed with the replaced with proper protective equip- operator by the qualified person des- ment or clothing prior to the perform- ignated as responsible for performing ance of any electrical work on such such repairs. lines.

§ 77.704–4 Simultaneous repairs. § 77.704–8 Protective equipment; test- When two or more persons are working and storage. ing on an energized high-voltage sur- (a) All rubber protective equipment face line simultaneously, and any one used on work on energized high-voltage of them is within reach of another, surface lines shall be electrically test- such persons shall not be allowed to ed by the operator in accordance with

707

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ASTM standards, Part 28, published § 77.705 Guy wires; grounding. February 1968, and such testing shall be Guy wires from poles supporting conducted in accordance with the fol- high-voltage transmission lines shall lowing schedule: be securely connected to the system (1) Rubber gloves, once each month; ground or be provided with insulators (2) Rubber sleeves, once every 3 installed near the pole end. months; (3) Rubber blankets, once every 6 months; Subpart I—Surface High-Voltage (4) Insulator hoods and line hose, Distribution once a year; and (5) Other electric protective equip- § 77.800 High-voltage circuits; circuit ment, once a year. breakers. (b) Rubber gloves shall not be stored High-voltage circuits supplying wrong side out. Blankets shall be rolled power to portable or mobile equipment when not in use, and line hose, and in- shall be protected by suitable circuit sulator hoods shall be stored in their breakers of adequate interrupting ca- natural position and shape. pacity which are properly tested and maintained and equipped with devices § 77.704–9 Operating disconnecting or to provide protection against under cutout switches. voltage, grounded phase, short circuit Disconnecting or cutout switches on and overcurrent. High-voltage circuits energized high-voltage surface lines supplying power to stationary equip- shall be operated only with insulated ment shall be protected against over- sticks, fuse tongs, or pullers which are loads by either a circuit breaker or adequately insulated and maintained fuses of the correct type and capacity. to protect the operator from the voltage to which he is exposed. When such § 77.800–1 Testing, examination, and switches are operated from the ground, maintenance of circuit breakers; the person using such devices shall procedures. wear protective rubber lineman’s (a) Circuit breakers and their auxil- gloves, except where such switches are iary devices protecting high-voltage bonded to a metal mat as provided in circuits to portable or mobile equip- § 77.513. ment shall be tested and examined at least once each month by a person § 77.704–10 Tying into energized high- qualified as provided in § 77.103. voltage surface circuits. (b) Tests shall include: If the work of forming an additional (1) Breaking continuity of the ground circuit by tying into an energized high- check conductor where ground check voltage surface line is performed from monitoring is used; and, the ground, any person performing (2) Actuating any of the auxiliary such work must wear and employ all of protective relays. the protective equipment and clothing (c) Examination shall include visual required under the provisions of observation of all components of the §§ 77.704–5 and 77.704–6. In addition, the circuit breaker and its auxiliary de- insulated stick used by such person vices, and such repairs or adjustments must have been designed for such pur- as are indicated by such tests and expose and must be adequately insulated aminations shall be carried out imme- and be maintained to protect such per- diately. son from the voltage to which he is exposed. § 77.800–2 Testing, examination, and maintenance of circuit breakers; § 77.704–11 Use of grounded messenger record. wires; ungrounded systems. The operator shall maintain a writ- Solely for purposes of grounding ten record of each test, examination, ungrounded high-voltage power sys- repair, or adjustment of all circuit tems, grounded messenger wires used breakers protecting high-voltage cir- to suspend the cables of such systems cuits. Such record shall be kept in a may be used as a grounding medium. book approved by the Secretary.

708

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§ 77.801 Grounding resistors. the ground or ground check wire is broken. The grounding resistor, where required, shall be of the proper ohmic § 77.803–1 Fail safe ground check cir- value to limit the voltage drop in the cuits; maximum voltage. grounding circuit external to the resistor to not more than 100 volts under The maximum voltage used for fault conditions. The grounding resis- ground check circuits under § 77.803 tor shall be rated for maximum fault shall not exceed 96 volts. current continuously and insulated from ground for a voltage equal to the § 77.803–2 Ground check systems not employing pilot check wires; ap- phase-to-phase voltage of the system. proval by the Secretary. § 77.801–1 Grounding resistors; contin- Ground check systems not employing uous current rating. pilot check wires shall be approved by The ground fault current rating of the Secretary only if it is determined grounding resistors shall meet the that the system includes a fail safe de- ‘‘extended time rating’’ set forth in sign which will cause the circuit inter- American Institute of Electrical Engi- rupter to open when ground continuity neers, Standard No. 32. is broken.

§ 77.802 Protection of high-voltage cir- § 77.804 High-voltage trailing cables; cuits; neutral grounding resistors; minimum design requirements. disconnecting devices. (a) High-voltage trailing cables used High-voltage circuits supplying port- in resistance grounded systems shall be able or mobile equipment shall contain equipped with metallic shields around either a direct or derived neutral which each power conductor with one or more shall be grounded through a suitable ground conductors having a total resistor at the source transformers, cross-sectional area of not less than and a grounding circuit, originating at one-half the power conductor, and with the grounded side of the grounding re- an insulated conductor for the ground sistor, shall extend along with the continuity check circuit. External power conductors and serve as a ground check conductors may be used grounding conductor for the frames of if they are not smaller than No. 8 all high-voltage equipment supplied (AWG) and have an insulation rated at power from that circuit, except that least 600 volts. the Secretary or his authorized rep- (b) All such high-voltage trailing ca- resentative may permit other high- bles shall be adequate for the intended voltage circuits to feed stationary elec- current and voltage. Splices made in trical equipment, if he finds that such such cables shall provide continuity of exception will not pose a hazard to the all components. miners. Disconnecting devices shall be installed and so equipped or designed in § 77.805 Cable couplers and connection such a manner that it can be deter- boxes; minimum design require- mined by visual observation that the ments. power is disconnected. (a)(1) Couplers that are used in § 77.803 Fail safe ground check cir- medium- or high-voltage power circuits cuits on high-voltage resistance shall be of the three-phase type and en- grounded systems. closed in a full metallic shell, except On and after September 30, 1971, all that the Secretary may permit, under high-voltage, resistance grounded sys- such guidelines as he may prescribe, no tems shall include a fail safe ground less effective couplers constructed of check circuit or other no less effective materials other than metal. device approved by the Secretary to (2) Cable couplers shall be adequate monitor continuously the grounding for the intended current and voltage. circuit to assure continuity. The fail (3) Cable couplers with any metal ex- safe ground check circuit shall cause posed shall be grounded to the ground the circuit breaker to open when either conductor in the cable.

709

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(4) Couplers shall be constructed to § 77.807–3 Movement of equipment; cause the ground check continuity con- minimum distance from high-volt- ductor to break first and the ground age lines. conductor last when being uncoupled When any part of any equipment op- when pilot check circuits are used. erated on the surface of any coal mine (b) Cable connection boxes shall be of is required to pass under or by any en- substantial construction and designed ergized high-voltage powerline and the to guard all energized parts from per- clearance between such equipment and sonal contact. powerline is less than that specified in § 77.807–2 for booms and masts, such § 77.806 Connection of single-phase powerlines shall be deenergized or loads. other precautions shall be taken. Single-phase loads, such as trans- § 77.808 Disconnecting devices. former primaries, shall be connected Disconnecting devices shall be in- phase to phase in resistance grounded stalled at the beginning of each branch systems. line in high-voltage circuits and they shall be equipped or designed in such a § 77.807 Installation of high-voltage manner that it can be determined by transmission cables. visual observation that the circuit is High-voltage transmission cables deenergized when such devices are shall be installed or placed so as to af- open. ford protection against damage. They shall be placed to prevent contact with § 77.809 Identification of circuit break- low-voltage or communication circuits. ers and disconnecting switches. Circuit breakers and disconnecting § 77.807–1 High-voltage powerlines; switches shall be labeled to show which clearances above ground. units they control, unless identifica- High-voltage powerlines located tion can be made readily by location. above driveways, haulageways, and § 77.810 High-voltage equipment; railroad tracks shall be installed to grounding. provide the minimum vertical clear- Frames, supporting structures, and ance specified in National Electrical enclosures of stationary, portable, or Safety Code: Provided, however, That in mobile high-voltage equipment shall be no event shall any high-voltage effectively grounded. powerline be installed less than 15 feet above ground. § 77.811 Movement of portable substations and transformers. § 77.807–2 Booms and masts; minimum Portable substations and trans- distance from high-voltage lines. formers shall be deenergized before The booms and masts of equipment they are moved from one location to operated on the surface of any coal another. mine shall not be operated within 10 feet of an energized overhead Subpart J—Low- and Medium- powerline. Where the voltage of over- Voltage Alternating Current head powerlines is 69,000 volts, or more, Circuits the minimum distance from the boom or mast shall be as follows: § 77.900 Low- and medium-voltage circuits serving portable or mobile Minimum three-phase alternating current Nominal power line voltage (in 1,000 volts) distance equipment; circuit breakers. (feet) Low- and medium-voltage circuits 69 to 114 ...... 12 supplying power to portable or mobile 115 to 229 ...... 15 three-phase alternating current equip- 230 to 344 ...... 20 ment shall be protected by suitable cir- 345 to 499 ...... 25 500 or more ...... 35 cuit breakers of adequate interrupting capacity which are properly tested and maintained and equipped with devices

710

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to provide protection against under- and provide insulation from ground for voltage, grounded phase, short circuit, a voltage equal to the phase-to-phase and over-current. voltage of the system. (c) Low- and medium-voltage circuits § 77.900–1 Testing, examination, and supplying power to three-phase alter- maintenance of circuit breakers; nating current stationary electric procedures. equipment shall comply with the Na- Circuit breakers protecting low- and tional Electric Code. medium-voltage circuits serving portable or mobile three-phase alternating § 77.901–1 Grounding resistor; contin- current equipment and their auxiliary uous current rating. devices shall be tested and examined at The ground fault current rating of least once each month by a person grounding resistors shall meet the qualified as provided in § 77.103. In per- ‘‘extended time rating’’ set forth in forming such tests, the circuit breaker American Institute of Electrical Engi- auxiliaries or control circuits shall be neers Standard No. 32. actuated in any manner which causes the circuit breaker to open. All compo- § 77.902 Low- and medium-voltage ground check monitor circuits. nents of the circuit breaker and its auxiliary devices shall be visually ex- On and after September 30, 1971, amined and such repairs or adjust- three-phase low- and medium-voltage ments as are indicated by such tests resistance grounded systems to port- and examinations shall be carried out able and mobile equipment shall in- immediately. clude a fail safe ground check circuit or other no less effective device ap- § 77.900–2 Testing, examination, and proved by the Secretary to monitor maintenance of circuit breakers; continuously the grounding circuit to record. assure continuity. The fail safe ground The operator shall maintain a writ- check circuit shall cause the circuit ten record of each test, examination, breaker to open when either the ground repair or adjustment of all circuit or pilot check wire is broken. Cable breakers protecting low- and medium- couplers shall be constructed to cause voltage circuits serving three-phase al- the ground check continuity conductor ternating current equipment and such to break first and the ground con- record shall be kept in a book approved ductor last when being uncoupled when by the Secretary. pilot check circuits are used.

§ 77.901 Protection of low- and me- § 77.902–1 Fail safe ground check cir- dium-voltage three-phase circuits. cuits; maximum voltage. (a) Low- and medium-voltage circuits The maximum voltage used for supplying power to portable or mobile ground check circuits under § 77.902 three-phase alternating equipment shall not exceed 40 volts. shall contain: § 77.902–2 Approved ground check sys- (1) Either a direct or derived neutral tems not employing pilot check grounded through a suitable resistor at wires. the power source; Ground check systems not employing (2) A grounding circuit originating at pilot check wires shall be approved by the grounded side of the grounding re- the Secretary only after it has been de- sistor which extends along with the termined that the system includes a power conductors and serves as a fail safe design causing the circuit grounding conductor for the frames of breaker to open when ground con- all the electric equipment supplied tinuity is broken. power from the circuit. (b) Grounding resistors, where re- § 77.902–3 Attachment of ground con- quired, shall be of an ohmic value ductors and ground check wires to which limits the ground fault current equipment frames; use of separate to no more than 25 amperes. Such connections. grounding resistors shall be rated for In grounding the frames of sta- maximum fault current continuously tionary, portable, or mobile equipment

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receiving power from resistance § 77.1000–1 Filing of plan. grounded systems, separate connec- The operator shall file a copy of such tions shall be used. plan, and revisions thereof, with the § 77.903 Disconnecting devices. MSHA Coal Mine Safety and Health district office for the district in which Disconnecting devices shall be in- the mine is located, and shall identify stalled in circuits supplying power to the name and location of the mine; the portable or mobile equipment and shall Mine Safety and Health Administra- provide visual evidence that the power tion identification number if known; is disconnected. and the name and address of the mine operator. § 77.904 Identification of circuit breakers. (Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C. Circuit breakers shall be labeled to 3501 et seq.)) show which circuits they control un- [36 FR 9364, May 22, 1971, as amended at 60 less identification can be made readily FR 33723, June 29, 1995; 71 FR 16669, Apr. 3, by location. 2006]

§ 77.905 Connection of single-phase § 77.1001 Stripping; loose material. loads. Loose hazardous material shall be Single-phase loads shall be connected stripped for a safe distance from the phase-to-phase in resistance grounded top of pit or highwalls, and the loose systems. unconsolidated material shall be sloped to the angle of repose, or barriers, baf- § 77.906 Trailing cables supplying fle boards, screens, or other devices be power to low-voltage mobile equip- provided that afford equivalent protec- ment; ground wires and ground tion. check wires. On and after September 30, 1971, all § 77.1002 Box cuts; spoil material trailing cables supplying power to port- placement. able or mobile equipment from low- When box cuts are made, necessary voltage three-phase resistance ground- precautions shall be taken to minimize ed power systems shall contain one or the possibility of spoil material rolling more ground conductors having a into the pit. cross-sectional area of not less than one-half the power conductor. Such § 77.1003 Benches. trailing cables shall include an insu- To insure safe operation, the width lated conductor for the ground con- and height of benches shall be governed tinuity check circuit except where a no by the type of equipment to be used less effective device has been approved and the operation to be performed. by the Secretary to assure continuity. Splices made in low-voltage trailing § 77.1004 Ground control; inspection cables shall provide continuity of all and maintenance; general. components. (a) Highwalls, banks, benches, and terrain sloping into the working areas Subpart K—Ground Control shall be examined after every rain, freeze, or thaw before men work in § 77.1000 Highwalls, pits and spoil such areas, and such examination shall banks; plans. be made and recorded in accordance Each operator shall establish and fol- with § 77.1713. low a ground control plan for the safe (b) Overhanging highwalls and banks control of all highwalls, pits and spoil shall be taken down and other unsafe banks to be developed after June 30, ground conditions shall be corrected 1971, which shall be consistent with promptly, or the area shall be posted. prudent engineering design and will insure safe working conditions. The min- § 77.1005 Scaling highwalls; general. ing methods employed by the operator (a) Hazardous areas shall be scaled shall be selected to insure highwall and before any other work is performed in spoil bank stability. the hazardous area. When scaling of

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highwalls is necessary to correct condi- safe platform is provided and safety tions that are hazardous to persons in belts are used. the area, a safe means shall be provided (d) Drill crews and others shall stay for performing such work. clear of augers or drill stems that are (b) Whenever it becomes necessary in motion. Persons shall not pass under for safety to remove hazardous mate- or step over a moving stem or auger. rial from highwalls by hand, the haz- (e) In the event of power failure, drill ardous material shall be approached controls shall be placed in the neutral from a safe direction and the material position until power is restored. removed from a safe location. (f) When churn drills or vertical rotary drills are used, drillers shall not § 77.1006 Highwalls; men working. be permitted to work under suspended (a) Men, other than those necessary tools, and when collaring holes, in- to correct unsafe conditions, shall not specting, or during any operation in work near or under dangerous which tools are removed from the hole, highwalls or banks. all tools shall be lowered to the ground (b) Except as provided in paragraph or platform. (c) of this section, men shall not work between equipment and the highwall or § 77.1010 Collaring holes. spoil bank where the equipment may (a) Starter steels shall be used when hinder escape from falls or slides. collaring holes with hand-held drills. (c) Special safety precautions shall (b) Men shall not hold the drill steel be taken when men are required to per- while collaring holes, or rest their form repair work between immobilized hands on the chuck or centralizer while equipment and the highwall or spoil drilling. bank and such equipment may hinder escape from falls or slides. § 77.1011 Drill holes; guarding. § 77.1007 Drilling; general. Drill holes large enough to constitute a hazard shall be covered or guarded. (a) Equipment that is to be used during a shift shall be inspected each shift § 77.1012 Jackhammers; operation; by a competent person. Equipment de- safeguards. fects affecting safety shall be reported. Men operating or working near jack- (b) Equipment defects affecting safe- hammers or jackleg drills, or other ty shall be corrected before the equip- drilling machines shall position them- ment is used. selves so that they will not be struck § 77.1008 Relocation of drills; safe- or lose their balance if the drill steel guards. breaks or sticks. (a) When a drill is being moved from § 77.1013 Air drills; safeguards. one drilling area to another, drill steel, tools, and other equipment shall be se- Air shall be turned off and bled from cured and the mast placed in a safe po- the air hoses before hand-held air drills sition. are moved from one working area to (b) When a drill helper is used his lo- another. cation shall be made known to the operator at all times when the drill is Subpart L—Fire Protection being moved. § 77.1100 Fire protection; training and § 77.1009 Drill; operation. organization. (a) While in operation drills shall be Firefighting facilities and equipment attended at all times. shall be provided commensurate with (b) Men shall not drill from positions the potential fire hazards at each that hinder their access to the control structure, enclosure and other facility levers, or from insecure footing or (including custom coal preparation) at staging, or from atop equipment not the mine and the employees at such fa- designed for this purpose. cilities shall be instructed and trained (c) Men shall not be on a mast while annually in the use of such firefighting the drill bit is in operation unless a facilities and equipment.

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§ 77.1101 Escape and evacuation; plan. § 77.1104 Accumulations of combustible materials. (a) Before September 30, 1971, each operator of a mine shall establish and Combustible materials, grease, lubri- keep current a specific escape and cants, paints, or flammable liquids evacuation plan to be followed in the shall not be allowed to accumulate event of a fire. where they can create a fire hazard. (b) All employees shall be instructed on current escape and evacuation § 77.1105 Internal combustion engines; fueling. plans, fire alarm signals, and applicable procedures to be followed in case of Internal combustion engines, except fire. diesels, shall be shut off and stopped (c) Plans for escape and evacuation before being fueled. shall include the designation and prop- § 77.1106 Battery-charging stations; er maintenance of adequate means for ventilation. exit from all areas where persons are required to work or travel including Battery-charging stations shall be lo- buildings and equipment and in areas cated in well-ventilated areas. Battery- where persons normally congregate charging stations shall be equipped during the work shift. with reverse current protection where such stations are connected directly to (Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C. direct current power systems. 3501 et seq.)) [36 FR 9364, May 22, 1971, as amended at 36 § 77.1107 Belt conveyors. FR 13143, July 15, 1971; 60 FR 33723, June 29, Belt conveyors in locations where 1995] fire would create a hazard to personnel shall be provided with switches to stop § 77.1102 Warning signs; smoking and the drive pulley automatically in the open flame. event of excessive slippage. Signs warning against smoking and open flames shall be posted so they can § 77.1108 Firefighting equipment; re- be readily seen in areas or places where quirements; general. fire or explosion hazards exist. On and after September 30, 1971, each operator of a coal mine shall provide § 77.1103 Flammable liquids; storage. an adequate supply of firefighting (a) Flammable liquids shall be stored equipment which is adapted to the size in accordance with standards of the and suitable for use under the condi- National Fire Protection Association. tions present on the surface at the Small quantities of flammable liquids mine. drawn from storage shall be kept in [36 FR 9364, May 22, 1971, as amended at 36 properly identified safety cans. FR 13143, July 15, 1971] (b) Unburied flammable-liquid storage tanks shall be mounted securely on § 77.1108–1 Type and capacity of fire- firm foundations. Outlet piping shall be fighting equipment. provided with flexible connections or Firefighting equipment required other special fittings to prevent ad- under this § 77.1108 shall meet the fol- verse effects from tank settling. lowing minimum requirements: (c) Fuel lines shall be equipped with (a) Waterlines. Waterlines shall be ca- valves to cut off fuel at the source and pable of delivering 50 gallons of water a shall be located and maintained to minute at a nozzle pressure of 50 minimize fire hazards. pounds per square inch. Where storage (d) Areas surrounding flammable-liq- tanks are used as a source of water uid storage tanks and electric sub- supply, the tanks shall be of 1,000-gal- stations and transformers shall be kept lon capacity for each 1,000 tons of coal free from grass (dry), weeds, under- processed (average) per shift. brush, and other combustible materials (b) Fire extinguishers. Fire extin- such as trash, rubbish, leaves and guishers shall be: paper, for at least 25 feet in all direc- (1) Of the appropriate type for the tions. particular fire hazard involved;

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(2) Adequate in number and size for shall be equipped with at least one the particular fire hazard involved; portable fire extinguisher. (3) Replaced immediately with fully (2) Power shovels, draglines, and charged extinguishers after any dis- other large equipment shall be charge is made from an extinguisher; equipped with at least one portable fire and extinguisher; however, additional fire (4) Approved by the Underwriter’s extinguishers may be required by an Laboratories, Inc., or the Factory Mu- authorized representative of the Sec- tual Research Corp., or other com- retary. petent testing agency acceptable to the (3) Auxiliary equipment such as port- Mine Safety and Health Administra- able drills, sweepers, and scrapers, tion. when operated more than 600 feet from (c) Fire hose. Fire hose and couplings equipment required to have portable shall meet the requirements of the Un- fire extinguishers, shall be equipped derwriter’s Laboratories, Inc., or Fac- with at least one fire extinguisher. tory Mutual Research Corp.’s specifica- (d) Fire extinguishers shall be pro- tions. Cotton or cotton-polyester jack- vided at permanent electrical installa- eted hose shall be treated in accord- tions commensurate with the potential ance with the U.S. Department of Agri- fire hazard at such installation in ac- culture Forest Service Specification cordance with the recommendations of 182 for mildew resistance. The water the National Fire Protection Associa- pressure at the hose nozzle shall not be tion. excessively high so as to present a haz- (e) Two portable fire extinguishers, ard to the nozzle operator. or the equivalent, shall be provided at [36 FR 9364, May 22, 1971, as amended at 47 each of the following combustible liq- FR 28096, June 29, 1982] uid storage installations: (1) Near each above ground or § 77.1109 Quantity and location of fire- unburied combustible liquid storage fighting equipment. station; and, Preparation plants, dryer plants, tip- (2) Near the transfer pump of each ples, drawoff tunnels, shops, and other buried combustible liquid storage tank. surface installations shall be equipped (f) Vehicles transporting explosives with the following firefighting equip- and blasting agents shall be equipped ment. with fire protection as recommended in (a) Each structure presenting a fire Code 495, section 20, National Fire Pro- hazard shall be provided with portable tection Association Handbook, 12th fire extinguishers commensurate with Edition, 1962. the potential fire hazard at the structure in accordance with the rec- § 77.1110 Examination and mainte- ommendations of the National Fire nance of firefighting equipment. Protection Association. Firefighting equipment shall be con- (b) Preparation plants shall be tinuously maintained in a usable and equipped with waterlines, with outlet operative condition. Fire extinguishers valves on each floor, and with suffi- shall be examined at least once every 6 cient fire hose to project a water months and the date of such examina- stream to any point in the plant. How- tion shall be recorded on a permanent ever, where freezing conditions exist or tag attached to the extinguisher. water is not available, a 125-pound mul- tipurpose dry powder extinguisher may (Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C. be substituted for the purposes of this 3501 et seq.)) paragraph (b) for each 2,500 square feet [36 FR 9364, May 22, 1971, as amended at 60 of floor space in a wooden or other FR 33723, June 29, 1995] flammable structure, or for each 5,000 square feet of floor space in a metal, § 77.1111 Welding, cutting, soldering; concrete-block, or other type of non- use of fire extinguisher. flammable construction. One portable fire extinguisher shall (c)(1) Mobile equipment, including be provided at each location where trucks, front-end loaders, bulldozers, welding, cutting, or soldering with arc portable welding units, and augers, or flame is performed.

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§ 77.1112 Welding, cutting, or soldering shown on overlays or tracings attached with arc or flame; safeguards. to the mine maps; (a) When welding, cutting, or sol- (g) All prospect drill holes that pene- dering with arc or flame near combus- trate the coalbed or coalbeds being tible materials, suitable precautions mined on the mine property; shall be taken to insure that smol- (h) All auger and strip mined areas of dering metal or sparks do not result in the coalbed or coalbeds being mined on a fire. the mine property together with the (b) Before welding, cutting, or sol- line of maximum depth of holes drilled dering is performed in areas likely to during auger mining operations. contain methane, an examination for (i) All worked out and abandoned methane shall be made by a qualified areas; person with a device approved by the (j) The location of railroad tracks Secretary for detecting methane. Ex- and public highways leading to the aminations for methane shall be made mine, and mine buildings of a perma- immediately before and periodically nent nature with identifying names during welding, cutting, or soldering shown; and such work shall not be permitted (k) Underground mine workings un- to commence or continue in air which derlying and within 1,000 feet of the ac- contains 1.0 volume per centum or tive areas of the mine; more of methane. (l) The location and description of at least two permanent base line points, and the location and description of at Subpart M—Maps least two permanent elevation bench § 77.1200 Mine map. marks used in connection with estab- lishing or referencing mine elevation The operator shall maintain an accu- surveys; and, rate and up-to-date map of the mine, (m) The scale of the map. on a scale of not less than 100 nor more than 500 feet to the inch, at or near the § 77.1201 Certification of mine maps. mine, in an area chosen by the mine Mine maps shall be made or certified operator, with a duplicate copy on file by an engineer or surveyor registered at a separate and distinct location, to by the State in which the mine is lo- minimize the danger of destruction by cated. fire or other hazard. The map shall show: § 77.1202 Availability of mine map. (a) Name and address of the mine; (b) The property or boundary lines of The mine map maintained in accord- the active areas of the mine; ance with the provisions of § 77.1200 shall be available for inspection by the (c) Contour lines passing through Secretary or his authorized representa- whole number elevations of the coalbed tive. being mined. The spacing of such lines shall not exceed 25-foot elevation levels, except that a broader spacing of Subpart N—Explosives and contour lines may be approved by the Blasting District Manager for steeply pitching coalbeds. Contour lines may be placed § 77.1300 Explosives and blasting. on overlays or tracings attached to (a) No explosives, blasting agent, det- mine maps. onator, or any other related blasting (d) The general elevation of the coal- device or material shall be stored, bed or coalbeds being mined, and the transported, carried, handled, charged, general elevation of the surface; fired, destroyed, or otherwise used, em- (e) Either producing or abandoned oil ployed or disposed of by any person at and gas wells located on the mine prop- a coal mine except in accordance with erty; the provisions of §§ 77.1301 through (f) The location and elevation of any 77.1304, inclusive. body of water dammed or held back in (b) The term ‘‘explosives’’ as used in any portion of the mine: Provided, how- this Subpart N includes blasting ever, Such bodies of water may be agents. The standards in this Subpart

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N in which the term ‘‘explosives’’ ap- (h) Ammonium nitrate-fuel oil blast- pears are applicable to blasting agents ing agents shall be physically sepa- (as well as to other explosives) unless rated from other explosives, safety blasting agents are expressly excluded. fuse, or detonating cord stored in the same magazine and in such a manner § 77.1301 Explosives; magazines. that oil does not contaminate the (a) Detonators and explosives other other explosives, safety fuse or deto- than blasting agents shall be stored in nating cord. magazines. (b) Detonators shall not be stored in § 77.1302 Vehicles used to transport the same magazine with explosives. explosives. (c) Magazines other than box type (a) Vehicles used to transport explo- shall be: sives, other than blasting agents, shall (1) Located in accordance with the have substantially constructed bodies, current American Table of Distances no sparking metal exposed in the cargo for storage of explosives. space, and shall be equipped with suit- (2) Detached structures located away able sides and tail gates; explosives from powerlines, fuel storage areas, shall not be piled higher than the side and other possible sources of fire. or end. (3) Constructed substantially of noncombustible material or covered with (b) Vehicles containing explosives or fire-resistant material. detonators shall be maintained in good (4) Reasonably bullet resistant. condition and shall be operated at a (5) Electrically bonded and grounded safe speed and in accordance with all if constructed of metal. safe operating practices. (6) Made of nonsparking materials on (c) Vehicles containing explosives or the inside, including floors. detonators shall be posted with proper (7) Provided with adequate and effec- warning signs. tively screened ventilation openings (d) Other materials or supplies shall near the floor and ceiling. not be placed on or in the cargo space (8) Kept locked securely when unat- of a conveyance containing explosives, tended. detonating cord or detonators, except (9) Posted with suitable danger signs for safety fuse and except for properly so located that a bullet passing secured nonsparking equipment used through the face of a sign will not expressly in the handling of such explo- strike the magazine. sives, detonating cord or detonators. (10) Used exclusively for storage of (e) Explosives and detonators shall be explosives or detonators and kept free transported in separate vehicles unless of all extraneous materials. separated by 4 inches of hardwood or (11) Kept clean and dry in the inte- the equivalent. rior, and in good repair. (f) Explosives or detonators shall be (12) Unheated, unless heated in a transported promptly without undue manner that does not create a fire or delays in transit. explosion hazard. (g) Explosives or detonators shall be (d) Box-type magazines used to store transported at times and over routes explosives or detonators in work areas that expose a minimum number of per- shall be constructed with only non- sons. sparking material inside and equipped with covers or doors and shall be lo- (h) Only the necessary attendants cated out of the line of blasts. shall ride on or in vehicles containing (e) Secondary and box-type maga- explosives or detonators. zines shall be suitably labeled. (i) Vehicles shall be attended, when- (f) Detonator-storage magazines shall ever practical and possible, while load- be separated by at least 25 feet from ex- ed with explosives or detonators. plosive-storage magazines. (j) When vehicles containing explo- (g) Cases or boxes containing explosives or detonators are parked, the sives shall not be stored in magazines brakes shall be set, the motive power on their ends or sides nor stacked more shut off, and the vehicles shall be than 6 feet high. blocked securely against rolling.

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(k) Vehicles containing explosives or (l) Only wooden or other nonsparking detonators shall not be taken to a re- implements shall be used to punch pair garage or shop for any purpose. holes in an explosive cartridge. (m) Tamping poles shall be blunt and § 77.1303 Explosives, handling and use. squared at one end and made of wood, (a) Persons who use or handle explo- nonsparking material, or of special sives or detonators shall be experienced plastic acceptable to the Mine Safety men who understand the hazards in- and Health Administration. volved; trainees shall do such work (n) Delay connectors for firing deto- only under the supervision of and in nating cord shall be treated and han- the immediate presence of experienced dled with the same safety precautions men. as blasting caps and electric deto- (b) Blasting operations shall be under nators. the direct control of authorized per- (o) Capped primers shall be made up sons. at the time of charging and as close to (c) Substantial nonconductive closed the blasting site as conditions allow. containers shall be used to carry explo- (p) A capped primer shall be prepared sives, other than blasting agents to the so that the detonator is contained se- blasting site. curely and is completely embedded (d) Damaged or deteriorated explo- within the explosive cartridge. sives or detonators shall be destroyed (q) No tamping shall be done directly in a safe manner. on a capped primer. (e) Where electric blasting is to be (r) Detonating cord shall not be used performed, electric circuits to equip- if it has been kinked, bent, or other- ment in the immediate area to be wise handled in such a manner that the blasted shall be deenergized before ex- train of detonation may be interrupted. plosives or detonators are brought into (s) Fuse shall not be used if it has the area; the power shall not be turned been kinked, bent sharply, or handled on again until after the shots are fired. roughly in such a manner that the (f) Explosives shall be kept separated train of deflagration may be inter- from detonators until charging is rupted. started. (t) Blasting caps shall be crimped to (g) Areas in which charged holes are fuses only with implements designed awaiting firing shall be guarded, or for that specific purpose. barricaded and posted, or flagged (u) When firing from 1 to 15 blast- against unauthorized entry. holes with safety fuse ignited individ- (h) Ample warning shall be given be- ually using hand-held lighters, the fore blasts are fired. All persons shall fuses shall be of such lengths to pro- be cleared and removed from the blast- vide the minimum burning time speci- ing area unless suitable blasting shel- fied in the following table for a par- ters are provided to protect men endan- ticular size round: gered by concussion or flyrock from blasting. Minimum burning (i) Lead wires and blasting lines shall Number of holes in a round time, min- not be strung across power conductors, utes pipelines, railroad tracks, or within 20 1 ...... 2 feet of bare powerlines. They shall be 2 to 5 ...... 22⁄3 protected from sources of static or 6 to 10 ...... 31⁄3 other electrical contact. 11 to 15 ...... 5 (j) For the protection of underground workers, special precautions shall be In no case shall any 40-second-per-foot taken when blasting in close proximity safety fuse less than 36 inches long or to underground operations, and no any 30-second-per-foot safety fuse less blasting shall be done that would be than 48 inches long be used. hazardous to persons working under- (v) The burning rate of the safety ground. fuse in use at any time shall be meas- (k) Holes shall not be drilled where ured, posted in conspicuous locations, there is danger of intersecting a and brought to the attention of all men charged or misfired hole. concerned with blasting.

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(w) Electric detonators of different (jj) The key or other control to an brands shall not be used in the same electrical firing device shall be en- round. trusted only to the person designated (x) Adequate priming shall be em- to fire the round or rounds. ployed to guard against misfires, in- (kk) If branch circuits are used when creased toxic fumes, and poor perform- blasts are fired from power circuits, ance. safety switches located at safe dis- (y) Except when being tested with a tances from the blast areas shall be blasting galvanometer: provided in addition to the main blast- (1) Electric detonators shall be kept ing switch. shunted until they are being connected (ll) Misfires shall be reported to the to the blasting line or wired into a proper supervisor and shall be disposed blasting round. of safely before any other work is per- (2) Wired rounds shall be kept shunt- formed in that blasting area. ed until they are being connected to (mm) When safety fuse has been used, the blasting line. men shall not return to misfired holes (3) Blasting lines shall be kept shunt- for at least 30 minutes. ed until immediately before blasting. (nn) When electric blasting caps have (z) Completely wired rounds shall be been used, men shall not return to mis- tested with a blasting galvanometer fired holes for at least 15 minutes. before connections are made to the (oo) If explosives are suspected of blasting line. burning in a hole, all persons in the en- (aa) Permanent blasting lines shall dangered area shall move to a safe lo- be properly supported, insulated, and cation and no one should return to the kept in good repair. hole until the danger has passed, but in (bb) At least a 5-foot airgap shall be no case within 1 hour. provided between the blasting circuit (pp) Blasted areas shall be examined and the power circuit. for undetonated explosives after each (cc) When instantaneous blasting is blast and undetonated explosives found performed, the double-trunkline or shall be disposed of safely. loop system shall be used in deto- (qq) Blasted areas shall not be reen- nating-cord blasting. tered by any person after firing until (dd) When instantaneous blasting is such time as concentrations of smoke, performed, trunklines, in multiple-row dust, or fumes have been reduced to blasts, shall make one or more com- safe limits. plete loops, with crossties between (rr) In secondary blasting, if more loops at intervals of not over 200 feet. than one shot is to be fired at one time, (ee) All detonating cord knots shall blasting shall be done electrically or be tight and all connections shall be with detonating cord. kept at right angles to the trunklines. (ss) Unused explosives and detonators (ff) Power sources shall be suitable shall be moved to a safe location as for the number of electrical detonators soon as charging operations are com- to be fired and for the type of circuits pleted. used. (tt) When electric detonators are (gg) Electric circuits from the blast- used, charging shall be stopped imme- ing switches to the blast area shall not diately when the presence of static be grounded. electricity or stray currents is de- (hh) Safety switches and blasting tected; the condition shall be remedied switches shall be labeled, encased in before charging is resumed. boxes, and arranged so that the covers (uu) When electric detonators are of the boxes cannot be closed with the used, charging shall be suspended and switches in the through-circuit or fir- men withdrawn to a safe location upon ing position. the approach of an electrical storm. (ii) Blasting switches shall be locked in the open position, except when § 77.1304 Blasting agents; special pro- closed to fire the blast. Lead wires visions. shall not be connected to the blasting (a) Sensitized ammonium nitrate switch until the shot is ready to be blasting agents, and the components fired. thereof prior to mixing, shall be mixed

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and stored in accordance with the rec- § 77.1402 Rated capacity. ommendations in Bureau of Mines In- Hoists and elevators shall have rated formation Circular 8179, ‘‘Safety Rec- capacities consistent with the loads ommendations for Sensitized Ammo- handled. nium Nitrate Blasting Agents,’’ or subsequent revisions. (Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91–173 as amended by (b) Where pneumatic loading is em- Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811)) ployed, before any type of blasting operation using blasting agents is put [48 FR 53241, Nov. 25, 1983] into effect, an evaluation of the poten- § 77.1402–1 Maximum load; posting. tial hazard of static electricity shall be made. Adequate steps, including the The operator shall designate the maximum number of men permitted to grounding and bonding of the conduc- ride on each hoist or elevator at one tive parts of pneumatic loading equip- time; this limit shall be posted on each ment, shall be taken to eliminate the elevator and on each landing. hazard of static electricity before blasting agent use is commenced. [36 FR 9364, May 22, 1971. Redesignated at 48 (c) Pneumatic loading equipment FR 53241, Nov. 25, 1983] shall not be grounded to waterlines, § 77.1403 Daily examination of hoisting airlines, rails, or the permanent elec- equipment. trical grounding systems. Hoists and elevators shall be exam- (d) Hoses used in connection with ined daily and such examinations shall pneumatic loading machines shall be of include, but not be limited to, the fol- the semiconductive type, having a lowing: total resistance low enough to permit (a) Elevators. (1) A visual examination the dissipation of static electricity and of the ropes for wear, broken wires, and high enough to limit the flow of stray corrosion, especially at excessive electric currents to a safe level. Wire- strain points such as near the attach- countered hose shall not be used be- ments and where the rope rests on the cause of the potential hazard from sheaves; stray electric currents. (2) An examination of the elevator for loose, missing or defective parts; Subpart O—Personnel Hoisting (b) Hoists and elevators. (1) An examination of the rope fastenings for de- § 77.1400 Personnel hoists and ele- fects; vators. (2) An examination of sheaves for broken flanges, defective bearings, rope Except as provided in § 77.1430, the alignment, and proper lubrication; and sections in this Subpart O apply only (3) An examination of the automatic to hoists and elevators, together with controls and brakes required under their appurtenances, that are used for § 77.1401. hoisting persons. (Sec. 101, Federal Mine Safety and Health (Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91–173 as amended by Act of 1977, Pub. L. 91–173 as amended by Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811) Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811)) [48 FR 53241, Nov. 25, 1983] [48 FR 53241, Nov. 25, 1983] § 77.1404 Certifications and records of § 77.1401 Automatic controls and daily examinations. brakes. At the completion of each daily ex- Hoists and elevators shall be amination required by § 77.1403, the per- equipped with overspeed, overwind, and son making the examination shall cer- automatic stop controls and with tify, by signature and date, that the brakes capable of stopping the elevator examination has been made. If any un- when fully loaded. safe condition is found during the examinations required by § 77.1403, the person conducting the examination shall make a record of the condition

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and the date. Certifications and records (b) Friction drum ropes. shall be retained for one year. For rope lengths less than 4,000 feet: (Sec. 101, Federal Mine Safety and Health Minimum Value = Static Load × Act of 1977, Pub. L. 91–173 as amended by (7.0¥0.0005L) Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811)) For rope lengths 4,000 feet or greater: Minimum Value = Static Load × 5.0 [48 FR 53241, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995] (c) Tail ropes (balance ropes). × § 77.1405 Operation of hoisting equip- Minimum Value = Weight of Rope 7.0 ment after repairs. [48 FR 53241, Nov. 25, 1983; 48 FR 54975, Dec. Empty conveyances shall be operated 8, 1983] at least one round trip before hoisting § 77.1432 Initial measurement. persons after any repairs. After initial rope stretch but before (Sec. 101, Federal Mine Safety and Health visible wear occurs, the rope diameter Act of 1977, Pub. L. 91–173 as amended by of newly installed wire ropes shall be Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811)) measured at least once in every third [48 FR 53241, Nov. 25, 1983] interval of active length and the measurements averaged to establish a base- WIRE ROPES line for subsequent measurements. A record of the measurements and the AUTHORITY: Sections 77.1430 through 77.1438 date shall be made by the person tak- issued under sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91–173 as ing the measurements. This record amended by Pub. L. 95–164, 91 Stat. 1291 (30 shall be retained until the rope is re- U.S.C. 811). tired from service. SOURCE: Sections 77.1430 through 77.1438 ap- [48 FR 53241, Nov. 25, 1983, as amended at 60 pear at 48 FR 53241, Nov. 25, 1983, unless oth- FR 33723, June 29, 1995] erwise noted. § 77.1433 Examinations. § 77.1430 Wire ropes; scope. (a) At least once every fourteen cal- (a) Sections 77.1431 through 77.1438 endar days, each wire rope in service apply to wire ropes in service used to shall be visually examined along its en- hoist— tire active length for visible structural (1) Persons in shafts and slopes un- damage, corrosion, and improper lubri- derground; cation or dressing. In addition, visual (2) Persons with an incline hoist on examination for wear and broken wires the surface; or shall be made at stress points, includ- (3) Loads in shaft or slope develop- ing the area near attachments, where ment when persons work below sus- the rope rests on sheaves, where the pended loads. rope leaves the drum, at drum cross- (b) These standards do not apply to overs, and at change-of-layer regions. wire ropes used for elevators. When any visible condition that results in a reduction of rope strength is § 77.1431 Minimum rope strength. present, the affected portion of the At installation, the nominal strength rope shall be examined on a daily basis. (manufacturer’s published catalog (b) Before any person is hoisted with strength) of wire ropes used for hoist- a newly installed wire rope or any wire ing shall meet the minimum rope rope that has not been examined in the strength values obtained by the fol- previous fourteen calendar days, the lowing formulas in which ‘‘L’’ equals wire rope shall be examined in accord- the maximum suspended rope length in ance with paragraph (a) of this section. feet: (c) At least once every six months, (a) Winding drum ropes (all construc- nondestructive tests shall be conducted tions, including rotation resistant). of the active length of the rope, or rope diameter measurements shall be For rope lengths less than 3,000 feet: Minimum Value = Static Load × made— (7.0¥0.001L) (1) Wherever wear is evident; For rope lengths 3,000 feet or greater: (2) Where the hoist rope rests on Minimum Value = Static Load × 4.0 sheaves at regular stopping points;

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(3) Where the hoist rope leaves the 80 percent of the nominal strength of drum at regular stopping points; and the rope. (4) At drum crossover and change-of- (b) Except for terminations where use layer regions. of other materials is a design feature, (d) At the completion of each exam- zinc (spelter) shall be used for ination required by paragraph (a) of socketing wire ropes. Design feature this section, the person making the ex- means either the manufacturer’s origi- amination shall certify, by signature nal design or a design approved by a and date, that the examination has registered professional engineer. been made. If any condition listed in (c) Load end attachment methods paragraph (a) of this standard is using splices are prohibited. present, the person conducting the examination shall make a record of the § 77.1436 Drum end attachment. condition and the date. Certifications (a) For drum end attachment, wire and records of examinations shall be rope shall be attached— retained for one year. (1) Securely by clips after making (e) The person making the measure- one full turn around the drum spoke; ments or nondestructive tests as re- (2) Securely by clips after making quired by paragraph (c) of this section one full turn around the shaft, if the shall record the measurements or test drum is fixed to the shaft; or results and the date. This record shall (3) By properly assembled anchor be retained until the rope is retired bolts, clamps, or wedges, provided that from service. the attachment is a design feature of the hoist drum. Design feature means [48 FR 53241, Nov. 25, 1983; 48 FR 54975, Dec. either the manufacturer’s original de- 8, 1983, 60 FR 33723, June 29, 1995] sign or a design approved by a registered professional engineer. § 77.1434 Retirement criteria. (b) A minimum of three full turns of Unless damage or deterioration is re- wire rope shall be on the drum when moved by cutoff, wire ropes shall be re- the rope is extended to its maximum moved from service when any of the working length. following conditions occurs: (a) The number of broken wires with- § 77.1437 End attachment retermi- in a rope lay length, excluding filler nation. wires, exceeds either— Damaged or deteriorated wire rope (1) Five percent of the total number shall be removed by cutoff and the rope of wires; or reterminated where there is— (2) Fifteen percent of the total num- (a) More than one broken wire at an ber of wires within any strand; attachment; (b) On a regular lay rope, more than (b) Improper installation of an at- one broken wire in the valley between tachment; strands in one rope lay length; (c) Slippage at an attachment; or (c) A loss of more than one-third of (d) Evidence of deterioration from the original diameter of the outer corrosion at an attachment. wires; (d) Rope deterioriation from corro- § 77.1438 End attachment replacement. sion; Wire rope attachments shall be re- (e) Distortion of the rope structure; placed when cracked, deformed, or ex- (f) Heat damage from any source; cessively worn. (g) Diameter reduction due to wear that exceeds six percent of the baseline Subpart P—Auger Mining diameter measurement; or (h) Loss of more than ten percent of § 77.1500 Auger mining; planning. rope strength as determined by non- Auger mining shall be planned and destructive testing. conducted by the operator to insure against any hazard to underground § 77.1435 Load end attachments. workings located at or near such auger (a) Wire rope shall be attached to the operations and all auger holes shall be load by a method that develops at least located so as to prevent:

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(a) The disruption of the ventilation auger hole in which tests for methane system of any active underground or oxygen deficiency are being made. mine; (b) Inundation hazards from surface § 77.1502 Auger holes; restriction water entering any active underground against entering. mine; No person shall be permitted to enter (c) Damage to the roof and ribs of ac- an auger hole except with the approval tive underground workings; and of the MSHA Coal Mine Safety and (d) Intersection of auger holes with Health District Manager of the district underground mine workings known to in which the mine is located and under contain dangerous quantities of im- such conditions as may be prescribed pounded water. by such managers.

§ 77.1501 Auger mining; inspections. [36 FR 9364, May 22, 1971, as amended at 71 FR 16669, Apr. 3, 2006] (a) The face of all highwalls, to a distance of 25 feet on both sides of each § 77.1503 Augering equipment; over- drilling site, shall be inspected by a head protection. certified person before any augering (a) Auger machines which are ex- operation is begun, and at least once posed to highwall hazards, together during each coal producing shift and with all those parts of any coal ele- all loose material shall be removed vating conveyors where persons are re- from the drilling site before persons quired to work during augering oper- are permitted to enter the drilling ations, shall be covered with heavy area. The results of all such inspec- gage screen which does not obstruct tions shall be recorded daily in a book the view of the highwall and is strong approved by the Secretary. enough to prevent injuries to workmen (b) In addition, the face of all from falling material. highwalls, to a distance of 25 feet on (b) No work shall be done under any both sides of each drilling site, shall be overhang and, when a crew is engaged inspected frequently by a certified per- in connecting or disconnecting auger son during any auger operation con- sections under a highwall, at least one ducted either during or after a heavy person shall be assigned to observe the rainfall or during any period of inter- highwall for possible movement. mittent freezing and thawing and the results of such inspections shall be re- § 77.1504 Auger equipment; operation. corded as provided in paragraph (a) of this section. (a) Persons shall be kept clear of the auger train while it is in motion and (c) When an auger hole penetrates an shall not be permitted to pass under or abandoned or mined out area of an un- over an auger train, except where ade- derground mine, tests for methane and quate crossing facilities are provided. oxygen deficiency shall be made at the collar of the hole by a qualified person (b) Persons shall be kept clear of using devices approved by the Sec- auger sections being swung into posi- retary to determine if dangerous quan- tion. tities of methane or oxygen-deficient (c) No person, including the auger air are present or being emitted. If machine operator, shall, where prac- such is found no further work shall be ticable, be stationed in direct line with performed until the atmosphere has a borehole during augering operations. been made safe. (d) Operator of auger equipment shall (d) Tests for oxygen deficiency shall not leave the controls of such equip- be conducted with a permissible flame ment while the auger is in operation. safety lamp or other means approved (e) Adequate illumination shall be by the Secretary and all tests for provided for work areas after dark. methane shall be conducted with a methane detector approved by the Sec- § 77.1505 Auger holes; blocking. retary. Auger holes shall be blocked with (e) Internal combustion engines shall highwall spoil or other suitable mate- not be operated in the vicinity of any rial before they are abandoned.

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Subpart Q—Loading and Haulage § 77.1603 Trains and locomotives; authorized persons. § 77.1600 Loading and haulage; gen- (a) Only authorized persons shall be eral. permitted to ride on trains or loco- (a) Only authorized persons shall be motives and they shall ride in a safe permitted on haulage roads and at position. loading or dumping locations. (b) Men shall not get on or off mov- (b) Traffic rules, signals, and warning ing equipment, except that trainmen signs shall be standardized at each may get on or off of slowly moving mine and posted. trains. (c) Where side or overhead clearances § 77.1604 Transportation of persons; on any haulage road or at any loading overcrowding. or dumping location at the mine are hazardous to mine workers, such areas (a) No man-trip vehicle or other conveyance used to transport persons to shall be conspicuously marked and and from work areas at surface coal warning devices shall be installed when mines shall be overcrowded and all per- necessary to insure the safety of the sons shall ride in a safe position. workers. (b) Supplies, materials, and tools other than small handtools shall not be § 77.1601 Transportation of persons; restrictions. transported with men in man-trip vehicles unless such vehicles are specifi- No person shall be permitted to ride cally designed to make such transpor- or be otherwise transported on or in tation safe. the following equipment whether loaded or empty: § 77.1605 Loading and haulage equip- (a) Dippers, shovels, buckets, forks, ment; installations. and clamshells; (a) Cab windows shall be of safety (b) The cargo space of dump trucks or glass or equivalent, in good condition haulage equipment used to transport and shall be kept clean. coal or other material; (b) Mobile equipment shall be (c) Outside the cabs and beds of mo- equipped with adequate brakes, and all bile equipment; trucks and front-end loaders shall also (d) Chain, belt, or bucket conveyors, be equipped with parking brakes. except where such conveyors are spe- (c) Positive-action type brakes shall cifically designed to transport persons; be provided on aerial tramways. and (d) Mobile equipment shall be provided with audible warning devices. (e) Loaded buckets on aerial tram- Lights shall be provided on both ends ways. when required. § 77.1602 Use of aerial tramways to (e) Guard nets or other suitable pro- transport persons. tection shall be provided where tramways pass over roadways, walkways, or Persons other than maintenance men buildings. shall not ride empty buckets on aerial (f) Guards shall be installed to pre- tramways unless the following features vent swaying buckets from hitting are provided: towers. (a) Two independent brakes, each ca- (g) Aerial tramway cable connections pable of holding the maximum load. shall be designed to offer minimum ob- (b) Direct communication between struction to the passage of wheels. terminals. (h) Rocker-bottom or bottom-dump (c) Power drives with emergency cars shall be equipped with positive power available in case of primary locking devices, or other suitable de- power failure. vices. (d) Buckets equipped with positive (i) Ramps and dumps shall be of solid locks to prevent accidental tripping or construction, of ample width, have dumping. ample clearance and headroom, and be kept reasonably free of spillage.

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(j) Chute-loading installations shall (c) Equipment defects affecting safe- be designed so that the men pulling ty shall be corrected before the equip- chutes are not required to be in a haz- ment is used. ardous position during loading operations. § 77.1607 Loading and haulage equip- (k) Berms or guards shall be provided ment; operation. on the outer bank of elevated road- (a) Vehicles shall follow at a safe dis- ways. tance; passing shall be limited to areas (l) Berms, bumper blocks, safety of adequate clearance and visibility. hooks, or similar means shall be pro- (b) Mobile equipment operators shall vided to prevent overtravel and over- have full control of the equipment turning at dumping locations. while it is in motion. (m) Roadbeds, rails, joints, switches, (c) Equipment operating speeds shall frogs, and other elements on railroads be prudent and consistent with condi- shall be designed, installed, and main- tions of roadway, grades, clearance, tained in a safe manner consistent with visibility, traffic, and the type of the speed and type of haulage. equipment used. (n) Where practicable, a minimum of (d) Cabs of mobile equipment shall be 30 inches continuous clearance from kept free of extraneous materials. the farthest projection of moving rail- (e) Operators shall sit facing the di- road equipment shall be provided on at rection of travel while operating equip- least one side of the tracks; all places ment with dual controls. where it is not possible to provide 30- (f) When an equipment operator is inch clearance shall be marked con- present, men shall notify him before spicuously. getting on or off equipment. (o) Track guardrails, lead rails, and frogs shall be protected or blocked so (g) Equipment operators shall be cer- as to prevent a person’s foot from be- tain, by signal or other means, that all coming wedged. persons are clear before starting or (p) Positive-acting stop-blocks, derail moving equipment. devices, track skates, or other ade- (h) Where possible, aerial tramways quate means shall be installed wher- shall not be started until the tramway ever necessary to protect persons from operator has ascertained that everyone runaway or moving railroad equip- is in the clear. ment. (i) Dust control measures shall be (q) Switch throws shall be installed taken where dust significantly reduces so as to provide adequate clearance for visibility of equipment operators. switchmen. (j) Dippers, buckets, loading booms, (r) Where necessary, bumper blocks or heavy suspended loads shall not be or the equivalent shall be provided at swung over the cabs of haulage vehicles all track dead ends. until the drivers are out of the cabs and in safe locations, unless the trucks § 77.1606 Loading and haulage equip- are designed specifically to protect the ment; inspection and maintenance. drivers from falling material. (a) Mobile loading and haulage equip- (k) Men shall not work or pass under ment shall be inspected by a competent the buckets or booms of loaders in op- person before such equipment is placed eration. in operation. Equipment defects affect- (l) Tires shall be deflated before re- ing safety shall be recorded and repairs on them are started and adequate ported to the mine operator. means shall be provided to prevent (b) Carriers on aerial tramways, in- wheel locking rims from creating a cluding loading and unloading mecha- hazard during tire inflation. nisms, shall be inspected each shift; (m) Electrically powered mobile brakes shall be inspected daily; ropes equipment shall not be left unattended and supports shall be inspected as rec- unless the master switch is in the off ommended by the manufacturer or as position, all operating controls are in physical conditions warrant. Equip- the neutral position, and the brakes ment defects affecting safety shall be are set or other equivalent precautions reported to the mine operator. are taken against rolling.

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(n) Mobile equipment shall not be check to make certain that all persons left unattended unless the brakes are are in the clear before starting the con- set. The wheels shall be turned into a veyor. When the entire length of the bank or berm, or shall be blocked, conveyor is not visible from the start- when such equipment is parked on a ing switch, a positive audible or visible grade. warning system shall be installed and (o) Lights, flares, or other warning operated to warn persons that the con- devices shall be posted when parked veyor will be started. equipment creates a hazard to vehic- (cc) Unguarded conveyors with walk- ular traffic. ways shall be equipped with emergency (p) Dippers, buckets, scraper blades, stop devices or cords along their full and similar movable parts shall be se- length. cured or lowered to the ground when (dd) Adequate backstops or brakes not in use. shall be installed on inclined-conveyor (q) Shovel trailing cables shall not be drive units to prevent conveyors from moved with the shovel dipper unless running in reverse if a hazard to per- cable slings or sleds are used. sonnel would be caused. (r) Equipment which is to be hauled (ee) Aerial tram conveyor buckets shall be loaded and protected so as to shall not be overloaded, and feed shall prevent sliding or spillage. be regulated to prevent spillage. (s) When moving between work areas, the equipment shall be secured in the § 77.1608 Dumping facilities. travel position. (a) Dumping locations and haulage (t) Any load extending more than 4 roads shall be kept reasonably free of feet beyond the rear of the vehicle body water, debris, and spillage. should be marked clearly with a red (b) Where the ground at a dumping flag by day and a red light at night. place may fail to support the weight of (u) Tow bars shall be used to tow a loaded dump truck, trucks shall be heavy equipment and a safety chain dumped a safe distance back from the shall be used in conjunction with each edge of the bank. tow bar. (c) Adequate protection shall be pro- (v) Railroad cars shall be kept under vided at dumping locations where per- control at all times by the car dropper. sons may be endangered by falling ma- Cars shall be dropped at a safe rate and terial. in a manner that will insure that the (d) Grizzlies, grates, and other sizing car dropper maintains a safe position devices at dump and transfer points while working and traveling around shall be anchored securely in place. the cars. (e) If truck spotters are used, they (w) Railroad cars shall not be coupled shall be well in the clear while trucks or uncoupled manually from the inside are backing into dumping position and of curves unless the railroad and cars dumping; lights shall be used at night are so designed to eliminate any hazard to direct trucks. from coupling or uncoupling cars from inside of curves. Subpart R—Miscellaneous (x) Persons shall wear safety belts when dropping railroad cars. § 77.1700 Communications in work (y) Railcars shall not be left on areas. sidetracks unless ample clearance is No employee shall be assigned, or al- provided for traffic on adjacent tracks. lowed, or be required to perform work (z) Parked railcars, unless held effec- alone in any area where hazardous con- tively by brakes, shall be blocked se- ditions exist that would endanger his curely. safety unless he can communicate with (aa) Railroad cars and all trucks others, can be heard, or can be seen. shall be trimmed properly when they have been loaded higher than the con- § 77.1701 Emergency communications; fines of their cargo space. requirements. (bb) When the entire length of a con- (a) Each operator of a surface coal veyor is visible from the starting mine shall establish and maintain a switch, the operator shall visually communication system from the mine

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to the nearest point of medical assist- under the provisions of paragraphs (a) ance for use in an emergency. and (b) of this section, or immediately (b) The emergency communication after any change, of such agreement, system required to be maintained post at appropriate places at the mine under paragraph (a) of this section may the names, titles, addresses, and tele- be established by telephone or radio phone numbers of all persons or serv- transmission or by any other means of ices currently available under such ar- prompt communication to any facility rangements to provide medical assist- (for example, the local sheriff, the ance and transportation at the mine. State highway patrol, or local hospital) which has available the means of com- (Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C. munication with the person or persons 3501 et seq.)) providing emergency medical assist- [36 FR 9364, May 22, 1971, as amended at 36 ance or transportation in accordance FR 13143, July 15, 1971; 60 FR 33723, June 29, with the provisions of paragraph (a) of 1995] this section. § 77.1703 First-Aid training; super- § 77.1702 Arrangements for emergency visory employees. medical assistance and transportation for injured persons; report- The mine operator shall conduct ing requirements; posting require- first-aid training courses for selected ments. supervisory employees at the mine. (a) Each operator of a surface coal Within 60 days after the selection of a mine shall make arrangements with a new supervisory employee to be so licensed physician, medical service, trained, the mine operator shall certify medical clinic, or hospital to provide by signature and date the name of the 24-hour emergency medical assistance employee and date on which the em- for any person injured at the mine. ployee satisfactorily completed the (b) Each operator shall make ar- first-aid training course. The certifi- rangements with an ambulance service, cation shall be kept at the mine and or otherwise provide for 24-hour emer- made available on request to an au- gency transportation for any person in- thorized representative of the Sec- jured at the mine. retary. (c) Each operator shall, on or before September 30, 1971, report to the Coal [56 FR 1478, Jan. 14, 1991] Mine Health and Safety District Man- ager for the district in which the mine § 77.1704 First aid training program; is located the name, title and address availability of instruction to all of the physician, medical service, med- miners. ical clinic, hospital, or ambulance serv- On or before December 30, 1971, each ice with whom arrangements have been operator of a surface coal mine shall made, or otherwise provided, in accord- make available to all miners employed ance with the provisions of paragraphs in the mine a course of instruction in (a) and (b) of this section. first aid conducted by the operator or (d) Each operator shall, within 10 under the auspices of the operator, and days after any change of the arrange- such a course of instruction shall be ments required to be reported under made available to newly employed the provisions of this section, report such changes to the Coal Mine Health miners within 6 months after the date and Safety District Manager. If such of employment. changes involve a substitution of persons, the operator shall provide the § 77.1705 First aid training program; retraining of supervisory employ- name, title, and address of the person ees; availability to all miners. substituted together with the name and address of the medical service, Beginning January 1, 1972, each oper- medical clinic, hospital, or ambulance ator of a surface coal mine shall con- service with which such person or per- duct refresher first aid training pro- sons are associated. grams each calendar year for all se- (e) Each operator shall, immediately lected supervisory employees and make after making an arrangement required available refresher first aid training

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courses to all miners employed in the (12) The necessary complements of mine. arm and leg splints or two each inflat- able plastic arm and leg splints. [36 FR 9364, May 22, 1971, as amended at 36 (c) All first aid supplies required to FR 13143, July 15, 1971] be maintained under the provisions of § 77.1706 First aid training program; paragraphs (a) and (b) of this section minimum requirements. shall be stored in suitable, sanitary, dust tight, moisture proof containers (a) All first aid training programs re- and such supplies shall be accessible to quired under the provisions of §§ 77.1703 the miners. and 77.1704 shall include 10 class hours of training in a course of instruction § 77.1708 Safety program; instruction similar to that outlined in ‘‘First Aid, of persons employed at the mine. A Bureau of Mines Instruction Man- On or before September 30, 1971, each ual.’’ operator of a surface coal mine shall (b) Refresher first aid training pro- establish and maintain a program of grams required under the provisions of instruction with respect to the safety § 77.1705 shall include 5 class hours of regulations and procedures to be fol- refresher training in a course of in- lowed at the mine and shall publish struction similar to that outlined in and distribute to each employee, and ‘‘First Aid, A Bureau of Mines Instruc- post in conspicuous places throughout tion Manual.’’ the mine, all such safety regulations and procedures established in accord- § 77.1707 First aid equipment; location; minimum requirements. ance with the provisions of this section. (a) Each operator of a surface coal mine shall maintain a supply of the [36 FR 9364, May 22, 1971, as amended at 36 first aid equipment set forth in para- FR 13143, July 15, 1971] graph (b) of this section at or near each § 77.1710 Protective clothing; require- working place where coal is being ments. mined, at each preparation plant and Each employee working in a surface at shops and other surface installation coal mine or in the surface work areas where ten or more persons are regu- of an underground coal mine shall be larly employed. required to wear protective clothing (b) The first aid equipment required and devices as indicated below: to be maintained under the provisions (a) Protective clothing or equipment of paragraph (a) of this section shall in- and face-shields or goggles shall be clude at least the following: worn when welding, cutting, or work- (1) One stretcher; ing with molten metal or when other (2) One broken-back board (if a hazards to the eyes exist. splint-stretcher combination is used it (b) Suitable protective clothing to will satisfy the requirements of both cover the entire body when handling paragraph (b) (1) of this section and corrosive or toxic substances or other this paragraph (b) (2)); materials which might cause injury to (3) Twenty-four triangular bandages the skin. (15 if a splint-stretcher combination is (c) Protective gloves when handling used); materials or performing work which (4) Eight 4-inch bandage compresses; might cause injury to the hands; how- (5) Eight 2-inch bandage compresses; ever, gloves shall not be worn where (6) Twelve 1-inch adhesive com- they would create a greater hazard by presses; becoming entangled in the moving (7) An approved burn remedy; parts of equipment. (8) Two cloth blankets; (d) A suitable hard hat or hard cap (9) One rubber blanket or equivalent when in or around a mine or plant substitute; where falling objects may create a haz- (10) Two tourniquets; ard. If a hard hat or hard cap is paint- (11) One 1-ounce bottle of aromatic ed, nonmetallic based paint shall be spirits of ammonia or 1 dozen ammonia used. ampules; and, (e) Suitable protective footwear.

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(f) Snug-fitting clothing when work- § 77.1713 Daily inspection of surface ing around moving machinery or equip- coal mine; certified person; reports ment. of inspection. (g) Safety belts and lines where there (a) At least once during each working is danger of falling; a second person shift, or more often if necessary for shall tend the lifeline when bins, tanks, safety, each active working area and or other dangerous areas are entered. each active surface installation shall (h) Lifejackets or belts where there is be examined by a certified person des- danger from falling into water. ignated by the operator to conduct (i) Seatbelts in a vehicle where there such examinations for hazardous condi- is a danger of overturning and where tions and any hazardous conditions roll protection is provided. noted during such examinations shall (Sec. 101(a), Federal Coal Mine Health and be reported to the operator and shall be Safety Act of 1969, as amended (83 Stat. 745; corrected by the operator. 30 U.S.C. 811(a)) (b) If any hazardous condition noted [36 FR 9382, May 22, 1971, as amended at 36 during an examination conducted in FR 13143, July 15, 1971; 39 FR 7176, Feb. 25, accordance with paragraph (a) of this 1974] section creates an imminent danger, the person conducting such examina- § 77.1710–1 Distinctively colored hard tion shall notify the operator and the hats or hard caps; identification for operator shall withdraw all persons newly employed, inexperienced from the area affected, except those miners. persons referred to in section 104(d) of Hard hats or hard caps distinctively the Act, until the danger is abated. different in color from those worn by (c) After each examination conducted experienced miners shall be worn at all in accordance with the provisions of times by each newly employed, inexpe- paragraph (a) of this section, each cer- rienced miner when working in or tified person who conducted all or any around a mine or plant for at least one part of the examination required shall year from the date of his initial em- enter with ink or indelible pencil in a ployment as a miner or until he has book approved by the Secretary the been qualified or certified as a miner date and a report of the condition of by the State in which he is employed. the mine or any area of the mine which (Sec. 101(a), Federal Coal Mine Health and he has inspected together with a report Safety Act of 1969, as amended (83 Stat. 745; of the nature and location of any haz- 30 U.S.C. 811(a)) ardous condition found to be present at [39 FR 7176, Feb. 25, 1974] the mine. The book in which such en- tries are made shall be kept in an area § 77.1711 Smoking prohibition. at the mine designated by the operator to minimize the danger of destruction No person shall smoke or use an open flame where such practice may cause a by fire or other hazard. fire or explosion. (d) All examination reports recorded in accordance with the provisions of § 77.1712 Reopening mines; notifica- paragraph (c) of this section shall in- tion; inspection prior to mining. clude a report of the action taken to Prior to reopening any surface coal abate hazardous conditions and shall mine after it has been abandoned or de- be signed or countersigned each day by clared inactive by the operator, the op- at least one of the following persons: erator shall notify the Coal Mine (1) The surface mine foreman; Health and Safety District Manager for (2) The assistant superintendent of the district in which the mine is lo- the mine; cated, and an inspection of the entire (3) The superintendent of the mine; mine shall be completed by an author- (4) The person designated by the op- ized representative of the Secretary be- erator as responsible for health and fore any mining operations in such safety at the mine; or, mine are instituted.

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(5) An equivalent mine official. Subpart T—Slope and Shaft (Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C. Sinking 3501 et seq.)) § 77.1900 Slopes and shafts; approval [36 FR 9364, May 22, 1971, as amended at 60 of plans. FR 33723, June 29, 1995; 63 FR 58613, Oct. 30, 1998] (a) Each operator of a coal mine shall prepare and submit for approval by the Coal Mine Health and Safety District Subpart S—Trolley Wires and Manager for the district in which the Trolley Feeder Wires mine is located, a plan providing for the safety of workmen in each slope or § 77.1800 Cutout switches. shaft that is commenced or extended Trolley wires and trolley feeder wires after June 30, 1971. The plan shall be shall be provided with cutout switches consistent with prudent engineering at intervals of not more than 2,000 feet design. The methods employed by the and near the beginning of all branch operator shall be selected to minimize lines. the hazards to those employed in the initial or subsequent development of § 77.1801 Overcurrent protection. any such slope or shaft, and the plan Trolley wires and trolley feeder wires shall include the following: shall be provided with overcurrent pro- (1) The name and location of the tection. mine, and the Mine Safety and Health Administration mine identification § 77.1801–1 Devices for overcurrent number, if known; protection. (2) The name and address of the mine operator; Automatic circuit interrupting de- (3) A description of the construction vices that will deenergize the affected work and methods to be used in the circuit upon occurrence of a short cir- construction of the slope or shaft, and cuit at any point in the system will whether part or all of the work will be meet the requirements of § 77.1801. performed by a contractor and a description of that part of the work to be § 77.1802 Insulation of trolley wires, performed by a contractor; trolley feeder wires and bare signal wires; guarding of trolley wires and (4) The elevation, depth and dimen- trolley feeder wires. sions of the slope or shaft; (5) The location and elevation of the Trolley wires, trolley feeder wires, coalbed; and bare signal wires shall be ade- (6) The general characteristics of the quately guarded: strata through which the slope or shaft (a) At all points where men are re- will be developed; quired to work or pass regularly under (7) The type of equipment which the the wires; and operator proposes to use when the (b) At man-trip stations. work is to be performed by the oper- The Secretary or his authorized rep- ator. When work is to be performed by resentative shall specify other condi- a contractor the operator shall, as soon tions where trolley wires and trolley as known to him, supplement the plan feeder wires shall be adequately pro- with a description of the type of equip- tected to prevent contact by any per- ment to be used by the contractor; son, or shall require the use of im- (8) The system of ventilation to be proved methods to prevent such con- used; and tact. Temporary guards shall be pro- (9) Safeguards for the prevention of vided where trackmen and other per- caving during excavation. sons are required to work in proximity (Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C. to trolley wires and trolley feeder 3501 et seq.)) wires. [36 FR 9364, May 22, 1971, as amended at 47 FR 28096, June 29, 1982; 60 FR 33723, June 29, 1995]

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§ 77.1900–1 Compliance with approved § 77.1901–1 Methane and oxygen defi- slope and shaft sinking plans. ciency tests; approved devices. Upon approval by the Coal Mine Tests for oxygen deficiency shall be Health and Safety District Manager of made with a permissible flame safety a slope or shaft sinking plan, the oper- lamp or other means approved by the ator shall adopt and comply with such Secretary, and tests for methane shall plan. be made with a methane detector approved by the Secretary. § 77.1901 Preshift and onshift inspections; reports. § 77.1902 Drilling and mucking oper- (a) Examinations of slope and shaft ations. areas shall be made by a certified per- Diesel-powered equipment used in the son for hazardous conditions, including drilling, mucking, or other excavation tests for methane and oxygen defi- of any slope or shaft shall be permis- ciency: sible, and such equipment shall be op- (1) Within 90 minutes before each erated in a permissible manner and shift; shall be maintained in a permissible (2) At least once on any shift during condition. which men are employed inside any § 77.1902–1 Permissible diesel-powered slope or shaft during development; and equipment. (3) Both before and after blasting. (b) The surface area surrounding each Diesel-powered equipment which has slope and shaft shall be inspected by a been approved by the Bureau of Mines certified person and all hazards in the or the Mine Safety and Health Admin- vicinity shall be corrected before men istration under Part 36 of this chapter are permitted to enter the excavation. (Bureau of Mines Schedule 31) is per- (c) All hazards found during any missible under the provisions of this preshift or onshift inspection shall be section. corrected before men are allowed to § 77.1903 Hoists and hoisting; min- enter, or continue to work in such imum requirements. slope or shaft. If hazardous conditions (a) Hoists used in transporting per- cannot be corrected, or excessive meth- sons and material during drilling, ane concentrations cannot be diluted, mucking, or other excavating oper- the excavation shall be vacated and no ations in any slope or shaft shall have person shall be permitted to reenter rated capacities consistent with the the slope or shaft to continue exca- loads to be handled. vation operations until the hazardous (b) Each hoist used in drilling, muck- condition has been abated. ing, or other excavating operations (d) No work shall be performed in any shall be equipped with an accurate and slope or shaft, no drilling equipment reliable indicator of the position of the shall be started, and no electrical cage, platform, or bucket. The indi- equipment shall be energized if the cator shall be installed in clear view of methane content in such slope or shaft the hoist operator. is 1.0 volume per centum, or more. (e) Nothing in this § 77.1901 shall pre- (Sec. 101, Federal Mine Safety and Health vent the specific assignment of men in Act of 1977, Pub. L. 91–173 as amended by the slope or shaft for purposes of abat- Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811)) ing excessive methane concentrations [48 FR 53242, Nov. 25, 1983; 48 FR 54975, Dec. or any other hazardous condition. 8, 1983] (f) The results of all inspections con- § 77.1904 Communications between ducted in accordance with the provi- slope and shaft bottoms and hoist sions of paragraph (a) of this section operators. shall be recorded in a book approved by (a) Two independent means of sig- the Secretary. naling shall be provided between the (Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C. hoistman and all points in a slope or 3501 et seq.)) shaft where men are required to work. [36 FR 9364, May 22, 1971, as amended at 60 At least one of these means shall be au- FR 33723, June 29, 1995] dible to the hoistman. Signal codes

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used in any communication system hoisting rope, the hooks shall be self- shall be posted conspicuously at each closing. slope and shaft. (Sec. 101, Federal Mine Safety and Health (b) Signaling systems used for com- Act of 1977, Pub. L. 91–173 as amended by munication between slopes and shafts Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811)) and the hoistman shall be tested daily. [48 FR 53242, Nov. 25, 1983]

§ 77.1905 Hoist safeguards; general. § 77.1908 Hoist installations; use. (a) Hoists used to transport persons (a) Where men are transported by shall be equipped with brakes capable means of a hoist and the depth of the of stopping and holding the cage, buck- shaft exceeds 50 feet, the hoist rope et, platform, or other device when fully shall be suspended from a substantial loaded. hoisting installation which shall be (b) When persons are transported by high enough to provide working clear- a hoist, a second person familiar with ance between the bottom of the sheave and qualified to stop the hoist shall be and the top of the cage or bucket. (b) Where men are transported by in attendance, except where the hoist means of a hoist and the depth of the is fully equipped with overspeed, shaft exceeds 100 feet, temporary shaft overwind, and automatic stop devices. guides and guide attachments, or other no less effective means, shall be in- § 77.1906 Hoists; daily inspection. stalled to prevent the cage, platform, (a) Hoists used to transport persons or bucket from swinging. shall be inspected daily. The inspection (c) All guides and guide attachments, shall include examination of the head- or other no less effective means, in- gear (headframe, sheave wheels, etc.), stalled in accordance with paragraph connections, links and chains, and (b) of this section shall be maintained other facilities. to a depth of not less than 75 feet from (b) Prior to each working shift, and the bottom of the shaft. before a hoist is returned to service (d) Where crossheads are used, the cage, platform, or bucket shall not be after it has been out of normal service hung more than 10 feet below the cross- for any reason, the hoist shall be run head. by the hoist operator through one com- (e) Where men are required to em- plete cycle of operation before any per- bark or disembark from a cage, plat- son is permitted to be transported. form or bucket suspended over or with- (c) At the completion of each daily in a shaft, a loading platform shall be examination required by paragraph (a) installed to insure safe footing. of this section, the person making the (f) During the development of each examination shall certify, by signature slope or shaft, either a ladder or inde- and date, that the examination has pendently powered auxiliary hoist shall been made. If any unsafe condition in be provided to permit men to escape the hoisting equipment is present, the quickly in the event of an emergency. person conducting the examination (g) No person shall be permitted to shall make a record of the condition ride the rim of any bucket or on the and the date. Certifications and records top of a loaded bucket. shall be retained for one year. (h) The number of persons permitted to ride in cages, skips, or buckets shall (Sec. 101, Federal Mine Safety and Health be limited so as to prevent over- Act of 1977, Pub. L. 91–173 as amended by crowding. Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811)) (i) Persons shall not be permitted to [48 FR 53242, Nov. 25, 1983, as amended at 60 ride on a cage, skip, or bucket with FR 33723, June 29, 1995] tools or materials, except when necessary to handle equipment while in § 77.1907 Hoist construction; general. transit. Materials shall be secured to prevent shifting while being hoisted. If hooks are used to attach cages or (j) The speed of buckets transporting buckets to the socket or thimble of a persons shall not exceed 500 feet per minute and not more than 200 feet per

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minute when within 100 feet of any the operator to protect the health and stop. safety of any person exposed to such (k) A notice of established speeds blasting. shall be posted in clear view of the hoistman. (Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.)) (l) Conveyances being lowered in a shaft in which men are working shall [36 FR 9364, May 22, 1971, as amended at 60 be stopped at least 15 feet above such FR 33723, June 29, 1995] men and shall be lowered further only after the hoistman has received a sig- § 77.1910 Explosives and blasting; general. nal that all men who may be endangered by the conveyance are in the (a) Light and power circuits shall be clear. disconnected or removed from the (m) No skip or bucket shall be raised blasting area before charging and or lowered in a slope or shaft until it blasting. has been trimmed to prevent material (b) All explosive materials, deto- from falling back down the slope or nators, and any other related blasting shaft. material employed in the development (n) Measures shall be taken to pre- of any slope or shaft shall be stored, vent material from falling back into transported, carried, charged, and fired the shaft while buckets or other con- in accordance with the provision of veyances are being unloaded. Subpart N, ‘‘Explosives and Blasting,’’ (o) Properly attached safety belts of this Part 77. Except as provided in shall be worn by all persons required to paragraph (c) of this section, all shots work in or over any shaft where there shall be fired from the surface. is a drop of 10 or more feet, unless (c) Where tests for methane have other acceptable means are provided to been conducted and methane has not prevent such persons from falling into been found and only permissible blast- the shaft. ing units are being employed, shots may be fired from an upper level of the § 77.1908–1 Hoist operation; qualified slope or shaft. hoistman. (d) Except as provided in paragraph Hoists shall be under the control of (c) of this section, all men shall be re- and operated by a qualified hoistman moved from the slope or shaft prior to when men are in a slope or shaft. blasting. (e) Blasting areas in slopes or shafts § 77.1909 Explosives and blasting; use of permissible explosives and shot- shall be covered with mats or other firing units. suitable material when the excavation is too shallow to retain blasted mate- Except as provided in § 77.1909–1, only rial. permissible explosives and permissible (f) Where it is impracticable to pre- shot-firing units shall be used in sinking shafts and slopes. pare primers in the blasting area, primers may be prepared on the surface and § 77.1909–1 Use of nonpermissible ex- carried into the shaft in specially con- plosives and nonpermissible shot- structed, insulated, covered containers. firing units; approval by Health and (g) No other development operation Safety District Manager. shall be conducted in a shaft or at the Where the Coal Mine Health and face of a slope while drill holes are Safety District Manager has deter- being charged and until after all shots mined that the use of nonpermissible have been fired. explosives and nonpermissible shot-fir- (h) The sides of the slope or shaft being units will not pose a hazard to any tween the overhead platform and the person during the development of a bottom where men are working shall be slope or shaft, he may, after written examined after each blast and loose application by the operator, approve material removed. the use of such explosives and shot-fir- (i) Loose rock and other material ing units and issue a permit for the use shall be removed from timbers and of such explosives and devices setting platforms after each blast before men forth the safeguards to be employed by are lowered to the shaft bottom.

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§ 77.1911 Ventilation of slopes and of all shafts where no mechanical shafts. means are provided for men to travel. (a) All slopes and shafts shall be ven- (b) Landings at intervals of not more tilated by mechanical ventilation than 30 feet shall be installed. equipment during development. Such (c) Shaft ladders shall project 3 feet equipment shall be examined before above the collar of the shaft, and shall each shift and the quantity of air in be placed at least 3 inches from the the slope or shaft measured daily by a side of the shaft. certified person and the results of such examinations and tests recorded in a § 77.1913 Fire-resistant wood. book approved by the Secretary. Except for crossties, timbers, and (b) Ventilation fans shall be: other wood products which are perma- (1) Installed on the surface; nently installed in slopes and shafts, (2) Installed in fireproof housing and shall be fire resistant. connected to the slope or shaft opening with fireproof air ducts; § 77.1914 Electrical equipment. (3) Designed to permit the reversal of (a) Electric equipment employed the air current, and located in an area below the collar of a slope or shaft dur- which will prevent a recirculation of ing excavation shall be permissible and air from the slope or shaft or air con- shall be maintained in a permissible tamination from any other source; condition. (4) Equipped with an automatic sig- (b) The insulation of all electric con- nal device designed to give an alarm in ductors employed below the collar of the event the fan slows or stops which any slope or shaft during excavation can be seen or heard by any person on shall be of the flame resistant type. duty in the vicinity of the fan, except (c) Only lamps and portable flood where fans are constantly attended. lights approved by the Bureau of Mines (5) Offset not less than 15 feet from or the Mine Safety and Health Admin- the shaft; and istration under Part 19 and Part 20 of (6) Equipped with air ducts which are this chapter (Bureau of Mines Sched- fire resistant and maintained so as to ules 6D and 10C) shall be employed prevent excessive leakage of air; below the collar of any slope or shaft. (i) Flexible ducts shall be constructed to permit ventilation by ei- § 77.1915 Storage and handling of com- ther exhausting or blowing methods bustible materials. and when metal air ducts are used, (a) Compressed and liquefied gas, oil, they shall be grounded effectively to gasoline, and other petroleum products remove static and other electrical shall not be stored within 100 feet of charges; any slope or shaft opening. (ii) Ducts shall extend as close to the (b) Other combustible material and bottom as necessary to ventilate prop- supplies shall not be stored within 25 erly. feet of any slope or shaft opening. (c) A qualified person, designated by (c) Pyritic slates, bony coal, culm or the operator, shall be assigned to main- other material capable of spontaneous tain each ventilating system. combustion shall not be used for fill or (d) The fan shall be operated continu- as surfacing material within 100 feet of ously when men are below the surface. any slope or shaft opening. Any accidental stoppage or reduction (d) Areas surrounding the opening of in airflow shall be corrected promptly; each slope or shaft shall be constructed however, where repairs cannot be made to insure the drainage of flammable immediately, development work below liquids away from the slope or shaft in the surface shall be stopped and all the the event of spillage. men not needed to make necessary re- (e) Oily rags, waste, waste paper, and pairs shall be removed to the surface. other combustible waste material disposed of in the vicinity of any slope or § 77.1912 Ladders and stairways. shaft opening shall be stored in closed (a) Substantial stairways or ladders containers until removed from the shall be used during the construction area.

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§ 77.1916 Welding, cutting, and sol- 90.104 Waiver of rights; re-exercise of op- dering; fire protection. tion. (a) One portable fire extinguisher Subpart C—Sampling Procedures shall be provided where welding, cutting, or soldering with arc or flame is 90.201 Sampling; general and technical re- performed. quirements. (b) Welding, cutting, or soldering 90.202 Certified person; sampling. with arc or flame within or in the vi- 90.203 Certified person; maintenance and calibration. cinity of any slope or shaft, except 90.204 Approved sampling devices; mainte- where such operations are performed in nance and calibration. fireproof enclosures, shall be done 90.205 Approved sampling devices; oper- under the supervision of a qualified ation; air flowrate. person who shall make a diligent 90.206 Exercise of option or transfer sam- search within or in the vicinity of the pling. slope or shaft for fire during and after 90.207 Quarterly sampling. such operations. 90.208 Respirable dust samples; trans- (c) Before welding, cutting, or sol- mission by operator. dering is performed in any slope or 90.209 Respirable dust samples; report to operator. shaft designed to penetrate into any 90.210 Status change reports. coalbed below the surface, an examination for methane shall be made by a Subpart D—Respirable Dust Control Plans qualified person with a device approved by the Secretary for detecting meth- 90.300 Respirable dust control plan; filing ane. Examination for methane shall be requirements. made immediately before and periodi- 90.301 Respirable dust control plan; approval by District Manager; copy to part cally during welding, cutting, or sol- 90 miner. dering and such work shall not be permitted to commence or continue in air AUTHORITY: 30 U.S.C. 811, 813(h), 957. which contains 1.0 volume per centum SOURCE: 45 FR 80769, Dec. 5, 1980, unless or more of methane. otherwise noted. (d) Noncombustible barriers shall be installed below welding, cutting, or sol- Subpart A—General dering operations in or over a shaft.

SOURCE: 79 FR 24988, May 1, 2014, unless Subpart U—Approved Books and otherwise noted. Records [Reserved] § 90.1 Scope. PART 90—MANDATORY HEALTH This part 90 establishes the option of STANDARDS—COAL MINERS miners who are employed at coal mines WHO HAVE EVIDENCE OF THE and who have evidence of the development of pneumoconiosis to work in an DEVELOPMENT OF PNEUMO- area of a mine where the average con- CONIOSIS centration of respirable dust in the mine atmosphere during each shift is Subpart A—General continuously maintained at or below Sec, the applicable standard as specified in 90.1 Scope. § 90.100. The rule sets forth procedures 90.2 Definitions. for miners to exercise this option, and 90.3 Part 90 option; notice of eligibility; ex- establishes the right of miners to re- ercise of option. tain their regular rate of pay and re- ceive wage increases. The rule also sets Subpart B—Dust Standards, Rights of Part forth the operator’s obligations, in- 90 Miners cluding respirable dust sampling for 90.100 Respirable dust standard. part 90 miners. This part 90 is promul- 90.101 Respirable dust standard when quartz gated pursuant to section 101 of the Act is present. and supersedes section 203(b) of the 90.102 Transfer; notice. Federal Mine Safety and Health Act of 90.103 Compensation. 1977, as amended.

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