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Compliance Assistance Guide for
Mine Emergencies under New §§ 75.1501 and 75.1502


These questions and answers are meant to give guidance and assistance to mine operators in implementing the emergency temporary standards under §§ 75.1501 and 75 1502. The standards are effective on December 12, 2002. MSHA will add other questions and answers to this list as needed.


What are the basic requirements of § 75.1501?
New § 75.1501 basically requires that operators designate a responsible person (RP) for each shift that miners are underground to take charge in the event of a mine emergency involving a fire, explosion, or gas or water inundation.


When must there be an RP on duty?
Consistent with the pre-shift required whenever miners are scheduled to work or travel underground (§ 75.360), the RP must be at the mine for each shift that miners work underground.


What does an operator need to do to comply with new § 75.1501?
By December 19, 2002, operators must designate the appropriate RPs for all shifts that miners work underground. The RP must have current knowledge of assigned work locations and expected movements of miners underground, operation of the mine ventilation system, the location of mine escapeways, the mine communication system, any atmospheric monitoring systems [AMS] (if applicable), and the mine emergency evacuation and firefighting program of instruction. Anyone with the required knowledge can be designated as an RP.


Are specific names of the RP required or may the RP be assigned to a specific job title (i.e., Mine Foreman).
Names or titles are acceptable as long as both the miners and the RP are informed of this critical designation and there is no uncertainty regarding the identity of the RP.


Must the RP remain on the surface?
No, the rule does not require that the RP remain on the surface, but he or she must be at the mine and be able to fulfill the requirements of this section. It is essential that the RP have ready access to communications which would be necessary for any RP to be able to initiate and conduct an immediate evacuation of the mine when there is a mine emergency which presents an imminent danger to miners due to fire, explosion or gas or water inundation.


Can you explain § 75.1501(b)?
Paragraph (b) requires that the RP must initiate and conduct an immediate mine evacuation when an emergency presenting an imminent danger to miners due to a fire, explosion, or gas or water inundation occurs. The term "imminent danger" is defined in the Mine Act and means, "[t]he existence of any condition or practice in a coal or other mine which can be expected to cause death or serious physical harm before such condition or practice can be abated." Only those personnel trained, equipped and necessary to respond may remain underground - all others must be evacuated.


How can an operator comply with § 75.1501(c)?
By December 19, 2002 miners must be instructed in the new requirements of § 75.1501 and the RP must be made known to the miners. Any change in the identity of the RP must be made known to the miners prior to the beginning of their shift. Any change may be made known to the miners by posting or announcing the change prior to the beginning of the shift that miners work.


What does § 75.1501(d) mean?
This paragraph provides that the ability of any person to warn of an imminent danger which warrants an evacuation of the mine is not restricted. Miners do not need to wait for concurrence or approval from the RP to evacuate the mine after receiving a warning. One example would be the Quecreek evacuation discussed in the preamble to the emergency temporary standards.


What are the basic requirements of Section 75.1502?
Section 75.1502 is titled Mine Emergency Evacuation and Firefighting Program of Instruction. It is derived from and broadens the requirements of previous Section 75.1101-23 by applying to explosion and gas and water inundation emergencies in addition to fire emergencies. Essentially, Section 75.1502(a) has 3 requirements which operators must comply with by January 11, 2003:
    First, operators must, as soon as possible but no later than January 11, 2003, adopt revisions to currently approved 75.1101-23 plans to include the specified emergencies in addition to fire emergencies.

    Second, operators must, as soon as possible but no later than January 11, 2003, begin training miners on the revised evacuation procedures. (Note: the requirement to revise existing plans and instruct miners in those revisions as soon as possible but no later than January 11, 2003, without MSHA approval, is distinct from the usual process of approval prior to implementation. The customary process of approval prior to implementation applies after the initial one-time plan revisions under the ETS.)

    Third, operators must submit the revised plan to MSHA by January 11, 2003, for review and approval.
Section 75.1502 also requires that before operators implement any MSHA-approved revisions to the plans, miners affected by the revisions are to be re-instructed of those revisions.


Where should the operators submit these plans?
Plans should be submitted to the appropriate district manager.


Who can answer further questions I might have about this emergency temporary standard?
Additional questions concerning this ETS should be submitted to the appropriate district manager.