30 CFR Part 77

30 CFR Part 77.pdf

Examinations and Testing of Electrical Equipment, Including Examination, Testing, and Maintenance of High Voltage Longwalls

30 CFR Part 77

OMB: 1219-0116

Document [pdf]
Download: pdf | pdf
Mine Safety and Health Admin., Labor

Pt. 77

§ 75.1916 Operation of diesel-powered
equipment.

77.203 Use of material or equipment overhead; safeguards.
77.204 Openings in surface installations;
safeguards.
77.205 Travelways at surface installations.
77.206 Ladders; construction; installation
and maintenance.
77.207 Illumination.
77.208 Storage of materials.
77.209 Surge and storage piles.
77.210 Hoisting of materials.
77.211 Draw-off tunnels; stockpiling and reclaiming operations; general.
77.211–1 Continuous methane monitoring device; installation and operation; automatic deenergization of electric equipment.
77.212 Draw-off tunnel ventilation fans; installation.
77.213 Draw-off tunnel escapeways.
77.214 Refuse piles; general.
77.215 Refuse piles, construction requirements.
77.215–1 Refuse piles; identification.
77.215–2 Refuse piles; reporting requirements.
77.215–3 Refuse piles; certification.
77.215–4 Refuse piles; abandonment.
77.216 Water, sediment, or slurry impoundments and impounding structures; general.
77.216–1 Water, sediment or slurry impoundments and impounding structures; identification.
77.216–2 Water, sediment, or slurry impoundments and impounding structures;
minimum plan requirements; changes or
modifications; certification.
77.216–3 Water, sediment, or slurry impoundments and impounding structures;
inspection requirements; correction of
hazards; program requirements.
77.216–4 Water, sediment or slurry impoundments and impounding structures; reporting requirements; certification.
77.216–5 Water, sediment or slurry impoundments and impounding structures; abandonment.
77.217 Definitions.

(a) Diesel-powered equipment shall
be operated at a speed that is consistent with the type of equipment
being operated, roadway conditions,
grades, clearances, visibility, and other
traffic.
(b) Operators of mobile diesel-powered equipment shall maintain full
control of the equipment while it is in
motion.
(c) Standardized traffic rules, including speed limits, signals and warning
signs, shall be established at each mine
and followed.
(d) Except as required in normal mining operations, mobile diesel-powered
equipment shall not be idled.
(e) Diesel-powered equipment shall
not be operated unattended.

PART 77—MANDATORY SAFETY
STANDARDS, SURFACE COAL
MINES AND SURFACE WORK
AREAS OF UNDERGROUND COAL
MINES
Subpart A—General
Sec.
77.1 Scope.
77.2 Definitions.

Subpart B—Qualified and Certified Persons
77.100 Certified person.
77.101 Tests for methane and for oxygen deficiency; qualified person.
77.102 Tests for methane; oxygen deficiency;
qualified person, additional requirement.
77.103 Electrical work; qualified person.
77.104 Repair of energized surface high voltage lines; qualified person.
77.105 Qualified hoistman; slope or shaft
sinking operation; qualifications.
77.106 Records of certified and qualified persons.
77.107 Training programs.
77.107–1 Plans for training programs.

kpayne on VMOFRWIN702 with $$_JOB

Subpart C—Surface Installations
77.200 Surface installations; general.
77.201 Methane content in surface installations.
77.201–1 Tests for methane; qualified person;
use of approved device.
77.201–2 Methane accumulations; change in
ventilation.
77.202 Dust accumulations in surface installations.

Subpart D—Thermal Dryers
77.300 Thermal dryers; general.
77.301 Dryer heating units; operation.
77.302 Bypass stacks.
77.303 Hot gas inlet chamber dropout doors.
77.304 Explosion release vents.
77.305 Access to drying chambers, hot gas
inlet chambers and ductwork; installation and maintenance.
77.306 Fire protection.
77.307 Thermal dryers; location and installation; general.
77.308 Structures housing other facilities;
use of partitions.
77.309 Visual check of system equipment.
77.309–1 Control stations; location.

679

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00689

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Pt. 77

30 CFR Ch. I (7–1–19 Edition)

77.310 Control panels.
77.311 Alarm devices.
77.312 Fail safe monitoring systems.
77.313 Wet-coal feedbins; low-level indicators.
77.314 Automatic temperature control instruments.
77.315 Thermal dryers; examination and inspection.

77.510 Resistors; location and guarding.
77.511 Danger signs at electrical installations.
77.512 Inspection and cover plates.
77.513 Insulating mats at power switches.
77.514 Switchboard; passageways and clearance.
77.515 Bare signal or control wires; voltage.
77.516 Electric wiring and equipment; installation and maintenance.

Subpart E—Safeguards for Mechanical
Equipment

Subpart G—Trailing Cables

77.400 Mechanical equipment guards.
77.401 Stationary grinding machines; protective devices.
77.402 Hand-held power tools; safety devices.
77.403 Mobile equipment; falling object protective structures (FOPS).
77.403–1 Mobile equipment; rollover protective structures (ROPS).
77.403–2 Incorporation by reference.
77.404 Machinery and equipment; operation
and maintenance.
77.405 Performing work from a raised position; safeguards.
77.406 Drive belts.
77.407 Power driven pulleys.
77.408 Welding operations.
77.409 Shovels, draglines, and tractors.
77.410 Mobile equipment; automatic warning devices.
77.411 Compressed air and boilers; general.
77.412 Compressed air systems.
77.413 Boilers.

kpayne on VMOFRWIN702 with $$_JOB

Subpart F—Electrical Equipment—General
77.500 Electric power circuits and electric
equipment; deenergization.
77.501 Electric distribution circuits and
equipment; repair.
77.501–1 Qualified person.
77.502 Electric equipment; examination,
testing, and maintenance.
77.502–1 Qualified person.
77.502–2 Electric equipment; frequency of
examination and testing.
77.503 Electric conductors; capacity and insulation.
77.503–1 Electric conductors.
77.504 Electrical connections or splices;
suitability.
77.505 Cable fittings; suitability.
77.506 Electric equipment and circuits; overload and short-circuit protection.
77.506–1 Electric equipment and circuits;
overload and short circuit protection;
minimum requirements.
77.507 Electric equipment; switches.
77.508 Lightning arresters, ungrounded and
exposed power conductors and telephone
wires.
77.508–1 Lightning arresters; wires entering
buildings.
77.509 Transformers; installation and guarding.

77.600 Trailing cables; short-circuit protection; disconnecting devices.
77.601 Trailing cables or portable cables;
temporary splices.
77.602 Permanent splicing of trailing cables.
77.603 Clamping of trailing cables to equipment.
77.604 Protection of trailing cables.
77.605 Breaking trailing cable and power
cable connections.
77.606 Energized trailing cables; handling.
77.606–1 Rubber gloves; minimum requirements.

Subpart H—Grounding
77.700 Grounding metallic sheaths, armors,
and conduits enclosing power conductors.
77.700–1 Approved methods of grounding.
77.701 Grounding metallic frames, casings,
and other enclosures of electric equipment.
77.701–1 Approved methods of grounding of
equipment
receiving
power
from
ungrounded alternating current power
systems.
77.701–2 Approved methods of grounding metallic frames, casings and other enclosures of electric equipment receiving
power from a direct-current power system.
77.701–3 Grounding wires; capacity.
77.701–4 Use of grounding connectors.
77.702 Protection other than grounding.
77.703 Grounding frames of stationary highvoltage equipment receiving power from
ungrounded delta systems.
77.703–1 Approved methods of grounding.
77.704 Work on high-voltage lines; deenergizing and grounding.
77.704–1 Work on high-voltage lines.
77.704–2 Repairs to energized high-voltage
lines.
77.704–3 Work on energized high-voltage surface lines; reporting.
77.704–4 Simultaneous repairs.
77.704–5 Installation of protective equipment.
77.704–6 Protective clothing; use and inspection.
77.704–7 Protective equipment; inspection.
77.704–8 Protective equipment; testing and
storage.
77.704–9 Operating disconnecting or cutout
switches.

680

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00690

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

Pt. 77

77.704–10 Tying into energized high-voltage
surface circuits.
77.704–11 Use of grounded messenger wires;
ungrounded systems.
77.705 Guy wires; grounding.

77.902–1 Fail safe ground check circuits;
maximum voltage.
77.902–2 Approved ground check systems not
employing pilot check wires.
77.902–3 Attachment of ground conductors
and ground check wires to equipment
frames; use of separate connections.
77.903 Disconnecting devices.
77.904 Identification of circuit breakers.
77.905 Connection of single-phase loads.
77.906 Trailing cables supplying power to
low-voltage mobile equipment; ground
wires and ground check wires.

Subpart I—Surface High-Voltage
Distribution
77.800 High-voltage circuits; circuit breakers.
77.800–1 Testing, examination, and maintenance of circuit breakers; procedures.
77.800–2 Testing, examination, and maintenance of circuit breakers; record.
77.801 Grounding resistors.
77.801–1 Grounding resistors; continuous
current rating.
77.802 Protection of high-voltage circuits;
neutral
grounding
resistors;
disconnecting devices.
77.803 Fail safe ground check circuits on
high-voltage resistance grounded systems.
77.803–1 Fail safe ground check circuits;
maximum voltage.
77.803–2 Ground check systems not employing pilot check wires; approval by the
Secretary.
77.804 High-voltage trailing cables; minimum design requirements.
77.805 Cable couplers and connection boxes;
minimum design requirements.
77.806 Connection of single-phase loads.
77.807 Installation of high-voltage transmission cables.
77.807–1 High-voltage powerlines; clearances
above ground.
77.807–2 Booms and masts; minimum distance from high-voltage lines.
77.807–3 Movement of equipment; minimum
distance from high-voltage lines.
77.808 Disconnecting devices.
77.809 Identification of circuit breakers and
disconnecting switches.
77.810 High-voltage equipment; grounding.
77.811 Movement of portable substations
and transformers.

kpayne on VMOFRWIN702 with $$_JOB

Subpart J—Low- and Medium-Voltage
Alternating Current Circuits
77.900 Low- and medium-voltage circuits
serving portable or mobile three-phase
alternating current equipment; circuit
breakers.
77.900–1 Testing, examination, and maintenance of circuit breakers; procedures.
77.900–2 Testing, examination, and maintenance of circuit breakers; record.
77.901 Protection of low- and medium-voltage three-phase circuits.
77.901–1 Grounding resistor; continuous current rating.
77.902 Low- and medium-voltage ground
check monitor circuits.

Subpart K—Ground Control
77.1000 Highwalls, pits, and spoil banks;
plans.
77.1000–1 Filing of plan.
77.1001 Stripping; loose material.
77.1002 Box cuts; spoil material placement.
77.1003 Benches.
77.1004 Ground control; inspection and
maintenance; general.
77.1005 Scaling highwalls; general.
77.1006 Highwalls; men working.
77.1007 Drilling; general.
77.1008 Relocation of drills; safeguards.
77.1009 Drill; operation.
77.1010 Collaring holes.
77.1011 Drill holes; guarding.
77.1012 Jackhammers;
operation;
safeguards.
77.1013 Air drills; safeguards.

Subpart L—Fire Protection
77.1100 Fire protection; training and organization.
77.1101 Escape and evacuation; plan.
77.1102 Warning signs; smoking and open
flame.
77.1103 Flammable liquids; storage.
77.1104 Accumulations of combustible materials.
77.1105 Internal combustion engines; fueling.
77.1106 Battery-charging stations; ventilation.
77.1107 Belt conveyors.
77.1108 Firefighting
equipment;
requirements; general.
77.1108–1 Type and capacity of firefighting
equipment.
77.1109 Quantity and location of firefighting
equipment.
77.1110 Examination and maintenance of
firefighting equipment.
77.1111 Welding, cutting, soldering; use of
fire extinguisher.
77.1112 Welding, cutting, soldering with arc
or flame; safeguards.

Subpart M—Maps
77.1200
77.1201
77.1202

Mine map.
Certification of mine maps.
Availability of mine map.

681

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00691

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Pt. 77

30 CFR Ch. I (7–1–19 Edition)

Subpart N—Explosives and Blasting
77.1300 Explosives and blasting.
77.1301 Explosives; magazines.
77.1302 Vehicles used to transport explosives.
77.1303 Explosives; handling and use.
77.1304 Blasting agents; special provisions.

Subpart O—Personnel Hoisting
77.1400 Personnel hoists and elevators.
77.1401 Automatic controls and brakes.
77.1402 Rated capacity.
77.1402–1 Maximum load; posting.
77.1403 Daily examination of hoisting equipment.
77.1404 Certifications and records of daily
examinations.
77.1405 Operation of hoisting equipment
after repairs.
WIRE ROPES
77.1430 Wire ropes; scope.
77.1431 Minimum rope strength.
77.1432 Initial measurement.
77.1433 Examinations.
77.1434 Retirement criteria.
77.1435 Load end attachments.
77.1436 Drum end attachment.
77.1437 End attachment retermination.
77.1438 End attachment replacement.

Subpart S—Trolley Wires and Trolley Feeder
Wires

Subpart P—Auger Mining
77.1500 Auger mining; planning.
77.1501 Auger mining; inspections.
77.1502 Auger holes; restriction against entering.
77.1503 Augering equipment; overhead protection.
77.1504 Auger equipment; operation.
77.1505 Auger holes; blocking.

Subpart Q—Loading and Haulage
77.1600 Loading and haulage; general.
77.1601 Transportation of persons; restrictions.
77.1602 Use of aerial tramways to transport
persons.
77.1603 Trains and locomotives; authorized
persons.
77.1604 Transportation of persons; overcrowding.
77.1605 Loading and haulage equipment; installations.
77.1606 Loading and haulage equipment; inspection and maintenance.
77.1607 Loading and haulage equipment; operation.
77.1608 Dumping facilities.

kpayne on VMOFRWIN702 with $$_JOB

Subpart R—Miscellaneous
77.1700 Communications in work areas.
77.1701 Emergency
communications;
quirements.

77.1702 Arrangements for emergency medical assistance and transportation for injured persons; reporting requirements;
posting requirements.
77.1703 First-Aid training; supervisory employees.
77.1704 First aid training program; availability of instruction to all miners.
77.1705 First aid training program; retraining of supervisory employees; availability to all miners.
77.1706 First aid training program; minimum requirements.
77.1707 First aid equipment; location; minimum requirements.
77.1708 Safety program, instruction of persons employed at the mine.
77.1710 Protective clothing; requirements.
77.1710–1 Distinctively colored hard hats or
hard caps; identification for newly employed, inexperienced miners.
77.1711 Smoking prohibition.
77.1712 Reopening mines; notification; inspection prior to mining.
77.1713 Daily inspection of surface coal
mine; certified person; reports of inspection.

re-

77.1800 Cutout switches.
77.1801 Overcurrent protection.
77.1801–1 Devices for overcurrent protection.
77.1802 Insulation of trolley wires, trolley
feeder wires and bare signal wires; guarding of trolley wires and trolley feeder
wires.

Subpart T—Slope and Shaft Sinking
77.1900 Slopes and shafts; approval of plans.
77.1900–1 Compliance with approved slope
and shaft sinking plans.
77.1901 Preshift and onshift inspections; reports.
77.1901–1 Methane and oxygen deficiency
tests; approved devices.
77.1902 Drilling and mucking operations.
77.1902–1 Permissible diesel-powered equipment.
77.1903 Hoists and hoisting; minimum requirements.
77.1904 Communications between slope and
shaft bottoms and hoist operators.
77.1905 Hoist safeguards; general.
77.1906 Hoists; daily inspection.
77.1907 Hoist construction; general.
77.1908 Hoist installations; use.
77.1908–1 Hoist
operation;
qualified
hoistman.
77.1909 Explosives and blasting; use of permissible explosives and shot-firing units.
77.1909–1 Use of nonpermissible explosives
and nonpermissible shot-firing units; approval by Health and Safety District
Manager.

682

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00692

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.2

77.1910 Explosives and blasting; general.
77.1911 Ventilation of slopes and shafts.
77.1912 Ladders and stairways.
77.1913 Fire-resistant wood.
77.1914 Electrical equipment.
77.1915 Storage and handling of combustible
materials.
77.1916 Welding, cutting, and soldering; fire
protection.

ommended in Bureau of Mines Information Circular 8179.
(f) Blasting area means the area near
blasting operations in which concussion or flying material can reasonably
be expected to cause injury.
(g) Blasting cap means a detonator
containing a charge of detonating compound, which is ignited by electric current, or the spark of a fuse. Used for
detonating explosives.
(h) Blasting circuit means electric circuits used to fire electric detonators or
to ignite an igniter cord by means of
an electric starter.
(i) Blasting switch means a switch
used to connect a power source to a
blasting circuit.
(j) Box-type magazine means a small,
portable magazine used to store limited quantities of explosives or detonators for short periods of time in locations at the mine which are convenient
to the blasting sites at which they will
be used.
(k) Capped fuse means a length of
safety fuse to which a detonator has
been attached.
(l) Capped primer means a package or
cartridge of explosives which is specifically designed to transmit detonation
to other explosives and which contains
a detonator.
(m) Certified or registered, as applied
to any person means a person certified
or registered by the State in which the
coal mine is located to perform duties
prescribed by this Part 77, except that,
in a State where no program of certification or registration is provided or
where the program does not meet at
least minimum Federal standards established by the Secretary, such certification or registration shall be by
the Secretary.
(n) Detonating cord or detonating fuse
means a flexible cord containing a core
of high explosive.
(o) Detonator means a device containing a small detonating charge that
is used for detonating an explosive, including, but not limited to blasting
caps, exploders, electric detonators,
and delay electric blasting caps.
(p) Electrical grounding means to connect with the ground to make the
earth part of the circuit.

Subpart U—Approved Books and Records
[Reserved]
AUTHORITY: 30 U.S.C. 811.
SOURCE: 36 FR 9364, May 22, 1971, unless
otherwise noted.

Subpart A—General
§ 77.1 Scope.
This part 77 sets forth mandatory
safety standards for bituminous, anthracite, and lignite surface coal
mines, including open pit and auger
mines, and to the surface work areas of
underground coal mines, pursuant to
section 101(i) of the Federal Mine Safety and Health Act of 1977.

kpayne on VMOFRWIN702 with $$_JOB

[36 FR 9364, May 22, 1971, as amended at 43
FR 12320, Mar. 24, 1978]

§ 77.2 Definitions.
For the purpose of this part 77, the
term:
(a) Active workings means any place
in a coal mine where miners are normally required to work or travel;
(b) American Table of Distances means
the current edition of ‘‘The American
Table of Distances for Storage of Explosives’’ published by the Institute of
Makers of Explosives;
(c) Barricaded means to obstruct passage of persons, vehicles, or flying materials;
(d) Berm means a pile or mound of
material capable of restraining a vehicle;
(e) Blasting agent means any material
consisting of a mixture of a fuel and
oxidizer which—
(1) Is used or intended for use in
blasting;
(2) Is not classed as an explosive by
the Department of Transportation;
(3) Contains no ingredient classed as
an explosive by the Department of
Transportation; and,
(4) Cannot be detonated by a No. 8
blasting cap when tested as rec-

683

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00693

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

§ 77.100

30 CFR Ch. I (7–1–19 Edition)

(q) Explosive means any chemical
compound, mixture, or device, the primary or common purpose of which is to
function by explosion. Explosives include, but are not limited to black
powder, dynamite, nitroglycerin, fulminate, ammonium nitrate when
mixed with a hydrocarbon, and other
blasting agents.
(r) Flash point means the minimum
temperature at which sufficient vapor
is released by a liquid or solid to form
a flammable vapor-air mixture at atmospheric pressure.
(s) Low voltage means up to and including 660 volts, medium voltage means
voltages from 661 to 1,000 volts, and
high voltage means more than 1,000
volts.
(t) Misfire means the complete or partial failure of a blasting charge to explode as planned.
(u) Primer or Booster means a package
or cartridge of explosive which is designed specifically to transmit detonation to other explosives and which does
not contain a detonator.
(v) Qualified person means, as the
context requires, (1) An individual
deemed qualified by the Secretary and
designated by the operator to make
tests and examinations required by
this Part 77; and,
(2) An individual deemed, in accordance with the minimum requirements
to be established by the Secretary,
qualified by training, education, and
experience, to perform electrical work,
to maintain electrical equipment, and
to conduct examinations and make
tests of all electrical equipment.
(w) Roll protection means a framework, safety canopy, or similar protection for the operator when equipment
overturns.
(x) Safety can means an approved container, of not over 5 gallons capacity,
having a spring-closing lid and spout
cover.
(y) Safety fuse means a train of powder enclosed in cotton, jute yarn, and
waterproofing compounds, which burns
at a uniform rate; used for firing a cap
containing the detonating compound
which in turn sets off the explosive
charge.
(z) Safety switch means a sectionalizing switch that also provides shunt

protection in blasting circuits between
the blasting switch and the shot area.
(aa) Secretary means the Secretary of
Labor or his delegate.
[36 FR 9364, May 22, 1971, as amended at 43
FR 12320, Mar. 24, 1978]

Subpart B—Qualified and Certified
Persons
§ 77.100

Certified person.

(a)(1) The provisions of this Part 77
require that certain examinations and
tests be made by a certified person. A
certified person within the meaning of
these provisions is a person who has
been certified in accordance with the
provisions of paragraph (b) of this
§ 77.100 to perform the duties, and make
the examinations and tests which are
required by this Part 77 to be performed by a certified person.
(2) A person who has been so certified
shall also be considered to be a qualified person within the meaning of those
provisions of this Part 77 which require
that certain examinations, tests and
duties be performed by a qualified person, except those provisions in Subparts F, G, H, I, and J of this part relating to performance of electrical
work.
(b) Pending issuance of Federal
standards, a person will be considered,
to the extent of the certification, a certified person to make examinations,
tests and perform duties which are required by this Part 77 to be performed
by a certified person:
(1) If he has been certified for such
purpose by the State in which the coal
mine is located; or
(2) If this person has been certified
for such purpose by the Secretary. A
person’s initial certification is valid
for as long as the person continues to
satisfy the requirements necessary to
obtain the certification and is employed at the same coal mine or by the
same independent contractor. The
mine operator or independent contractor shall make an application
which satisfactorily shows that each
such person has had at least 2 years experience at a coal mine or equivalent
experience, and that each such person
demonstrates to the satisfaction of an

684

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00694

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.103

authorized representative of the Secretary that such person is able and
competent to test for oxygen deficiency with a permissible flame safety
lamp, or any other device approved by
the Secretary and to test for methane
with a portable methane detector approved by the Bureau of Mines, MESA,
or MSHA, under Part 22 of this Chapter
(Bureau of Mines Schedule 8C), and to
perform such other duties for which application for certification is made. Applications for certification by the Secretary should be submitted in writing
to the Mine Safety and Health Administration, Certification and Qualification Center, P.O. Box 25367, Denver
Federal Center, Denver, Colorado 80225.

no person shall be a qualified person
for testing for methane and oxygen deficiency unless he has demonstrated to
the satisfaction of an authorized representative of the Secretary that he is
able and competent to make such tests
and the Mine Safety and Health Administration has issued him a current
card which qualifies him to make such
tests.

[36 FR 9364, May 22, 1971, as amended at 43
FR 12320, Mar. 24, 1978; 54 FR 30515, July 20,
1989]

§ 77.101 Tests for methane and for oxygen deficiency; qualified person.
(a) The provisions of Subparts C, P,
R, and T of this Part 77 require that
tests for methane and for oxygen deficiency be made by a qualified person. A
person is a qualified person for these
purposes if he is a certified person for
such purposes under § 77.100.
(b) Pending issuance of Federal
standards, a person will be considered a
qualified person for testing for methane and oxygen deficiency:
(1) If he has been qualified for this
purpose by the State in which the coal
mine is located; or
(2) If he has been qualified by the
Secretary for these purposes upon a
satisfactory showing by the operator of
the coal mine that each such person
has been trained and designated by the
operator to test for methane and oxygen deficiency. Applications for Secretarial qualification should be submitted in writing to the Mine Safety
and Health Administration, Certification and Qualification Center, P.O.
Box 25367, Denver Federal Center, Denver, Colo. 80225

kpayne on VMOFRWIN702 with $$_JOB

[36 FR 9364, May 22, 1971, as amended at 43
FR 12320, Mar. 24, 1978]

§ 77.102 Tests for methane; oxygen deficiency; qualified person, additional requirement.
Notwithstanding the provisions of
§ 77.101, on and after December 30, 1971,

§ 77.103 Electrical work; qualified person.
(a) Except as provided in paragraph
(f) of this section, an individual is a
qualified person within the meaning of
Subparts F, G, H, I, and J of this Part
77 to perform electrical work (other
than work on energized surface highvoltage lines) if:
(1) He has been qualified as a coal
mine electrician by a State that has a
coal mine electrical qualification program approved by the Secretary; or,
(2) He has at least 1 year of experience in performing electrical work underground in a coal mine, in the surface work areas of an underground coal
mine, in a surface coal mine, in a
noncoal mine, in the mine equipment
manufacturing industry, or in any
other industry using or manufacturing
similar equipment, and has satisfactorily completed a coal mine electrical
training program approved by the Secretary; or,
(3) He has at least 1 year of experience, prior to the date of the application required by paragraph (c) of this
section, in performing electrical work
underground in a coal mine, in the surface work areas of an underground coal
mine, in a surface coal mine, in a
noncoal mine, in the mine equipment
manufacturing industry, or in any
other industry using or manufacturing
similar equipment, and he attains a
satisfactory grade on each of the series
of five written tests approved by the
Secretary as prescribed in paragraph
(b) of this section.
(b) The series of five written tests approved by the Secretary shall include
the following categories:
(1) Direct current theory and application;
(2) Alternating current theory and
application;
(3) Electric equipment and circuits;

685

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00695

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

§ 77.104

30 CFR Ch. I (7–1–19 Edition)

(4) Permissibility of electric equipment; and,
(5) Requirements of Subparts F
through J and S of this Part 77.
(c) In order to take the series of five
written tests approved by the Secretary, an individual shall apply to the
District Manager and shall certify that
he meets the requirements of paragraph (a)(3) of this section. The tests
will be administered in the Coal Mine
Safety and Health Districts at regular
intervals, or as demand requires.
(d) A score of at least 80 percent on
each of the five written tests will be
deemed to be a satisfactory grade. Recognition shall be given to practical experience in that 1 percentage point
shall be added to an individual’s score
in each test for each additional year of
experience beyond the 1 year requirement specified in paragraph (a)(3) of
this section; however, in no case shall
an individual be given more than 5 percentage points for such practical experience.
(e) An individual may, within 30 days
from the date on which he received notification from the Administration of
his test scores, repeat those on which
he received an unsatisfactory score. If
further retesting is necessary after his
initial repetition, a minimum of 30
days from the date of receipt of notification of the initial retest scores shall
elapse prior to such further retesting.
(f) An individual who has, prior to
November 1, 1972, been qualified to perform electrical work specified in Subparts F, G, H, I, and J of this Part 77
(other than work on energized surface
high-voltage lines) shall continue to be
qualified until June 30, 1973. To remain
qualified after June 30, 1973, such individual shall meet the requirements of
either paragraph (a) (1), (2), or (3) of
this section.
(g) An individual qualified in accordance with this section shall, in order to
retain qualification, certify annually
to the District Manager, that he has
satisfactorily completed a coal mine
electrical retraining program approved
by the Secretary.

§ 77.104 Repair of energized surface
high-voltage lines; qualified person.

01(a), Federal Coal Mine Health and Safety
Act of 1969; 30 U.S.C. 811(a); 83 Stat. 745)

The operator of each coal mine shall
maintain a list of all certified and

An individual is a qualified person
within the meaning of § 77.704 of this
part for the purpose of repairing energized surface high-voltage lines only if
he has had at least 2 years experience
in electrical maintenance, and at least
2 years experience in the repair of energized high-voltage lines located on
poles or structures.
[36 FR 9364, May 22, 1971, as amended at 36
FR 13143, July 15, 1971]

§ 77.105 Qualified hoistman; slope or
shaft sinking operation; qualifications.
(a)(1) A person is a qualified
hoistman within the provisions of Subpart T of this part, for the purpose of
operating a hoist at a slope or shaft
sinking operation if he has at least 1
year experience operating a hoist plant
or maintaining hoist equipment and is
qualified by any State as a hoistman or
its equivalency, or
(2) If a State has no program for
qualifying persons as hoistmen, the
Secretary may qualify persons if the
operator of the slope or shaft-sinking
operation makes an application and a
satisfactory showing that the person
has had 1 year of experience operating
hoists. A person’s qualification is valid
for as long as the person continues to
satisfy the requirements for qualification and is employed at the same coal
mine or by the same independent contractor.
(b) Applications for Secretarial qualification should be submitted to the
Mine Safety and Health Administration, Certification and Qualification
Center, P.O. Box 25367, Denver Federal
Center, Denver, Colo. 80225.
[36 FR 9364, May 22, 1971, as amended at 43
FR 12320, Mar. 24, 1978; 54 FR 30515, July 20,
1989]

§ 77.106 Records of certified and qualified persons.

[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]

686

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00696

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.205

qualified persons designated to perform
duties under this Part 77.

vice approved by the Secretary at least
once during each operating shift, and
immediately prior to any repair work
in which welding or an open flame is
used, or a spark may be produced.

(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C.
3501 et seq.))
[36 FR 9364, May 22, 1971, as amended at 60
FR 33723, June 29, 1995]

§ 77.107 Training programs.
Every operator of a coal mine shall
provide a program, approved by the
Secretary, of training and retraining
both qualified and certified persons
needed to carry out functions prescribed in the Act.
§ 77.107–1 Plans for training programs.
Each operator must submit to the
district manager, of the Coal Mine
Safety and Health District in which
the mine is located, a program or plan
setting forth what, when, how, and
where the operator will train and retrain persons whose work assignments
require that they be certified or qualified. The program must provide—
(a) For certified persons, annual
training courses in the tasks and duties which they perform as certified
persons, first aid, and the provisions of
this part 77; and
(b) For qualified persons, annual
courses in performance of the tasks
which they perform as qualified persons.
[63 FR 53761, Oct. 6, 1998]

If, at any time, the air in any structure, enclosure or other facility contains 1.0 volume per centum or more of
methane changes or adjustments in the
ventilation of such installation shall be
made at once so that the air shall contain less than 1.0 volume per centum of
methane.
§ 77.202 Dust accumulations in surface
installations.
Coal dust in the air of, or in, or on
the surfaces of, structures, enclosures,
or other facilities shall not be allowed
to exist or accumulate in dangerous
amounts.
§ 77.203 Use of material or equipment
overhead; safeguards.
Where overhead repairs are being
made at surface installations and
equipment or material is taken into
such overhead work areas, adequate
protection shall be provided for all persons working or passing below the
overhead work areas in which such
equipment or material is being used.
§ 77.204 Openings in surface installations; safeguards.

Subpart C—Surface Installations
§ 77.200 Surface installations; general.
All mine structures, enclosures, or
other facilities (including custom coal
preparation) shall be maintained in
good repair to prevent accidents and
injuries to employees.
§ 77.201 Methane content in surface installations.
The methane content in the air of
any structure, enclosure or other facility shall be less than 1.0 volume per
centum.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.201–2 Methane
accumulations;
change in ventilation.

§ 77.201–1 Tests for methane; qualified
person; use of approved device.
Tests for methane in structures, enclosures, or other facilities, in which
coal is handled or stored shall be conducted by a qualified person with a de-

Openings in surface installations
through which men or material may
fall shall be protected by railings, barriers, covers or other protective devices.
§ 77.205 Travelways at surface installations.
(a) Safe means of access shall be provided and maintained to all working
places.
(b) Travelways and platforms or
other means of access to areas where
persons are required to travel or work,
shall be kept clear of all extraneous
material and other stumbling or slipping hazards.
(c) Inclined travelways shall be constructed of nonskid material or
equipped with cleats.

687

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00697

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.206

30 CFR Ch. I (7–1–19 Edition)

(d) Regularly used travelways shall
be sanded, salted, or cleared of snow
and ice as soon as practicable.
(e) Crossovers, elevated walkways,
elevated ramps, and stairways shall be
of substantial construction, provided
with handrails, and maintained in good
condition. Where necessary toeboards
shall be provided.
(f) Crossovers shall be provided where
it is necessary to cross conveyors.
(g) Moving conveyors shall be crossed
only at designated crossover points.
§ 77.206 Ladders; construction; installation and maintenance.
(a) Ladders shall be of substantial
construction and maintained in good
condition.
(b) Wooden members of ladders shall
not be painted.
(c) Steep or vertical ladders which
are used regularly at fixed locations
shall be anchored securely and provided with backguards extending from
a point not more than 7 feet from the
bottom of the ladder to the top of the
ladder.
(d) Fixed ladders shall not incline
backwards at any point unless provided
with backguards.
(e) Fixed ladders shall be anchored
securely and installed to provide at
least 3 inches of toe clearance.
(f) Fixed ladders shall project at least
3 feet above landings, or substantial
handholds shall be provided above the
landings.
§ 77.207

Illumination.

Illumination sufficient to provide
safe working conditions shall be provided in and on all surface structures,
paths, walkways, stairways, switch
panels, loading and dumping sites, and
working areas.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.208

Storage of materials.

(a) Materials shall be stored and
stacked in a manner which minimizes
stumbling or fall-of-material hazards.
(b) Materials that can create hazards
if accidentally liberated from their
containers shall be stored in a manner
that minimizes the dangers.
(c) Containers holding hazardous materials must be of a type approved for
such use by recognized agencies.

(d) Compressed and liquid gas cylinders shall be secured in a safe manner.
(e) Valves on compressed gas cylinders shall be protected by covers
when being transported or stored, and
by a safe location when the cylinders
are in use.
[36 FR 9364, May 22, 1971, as amended at 67
FR 42389, June 21, 2002]

§ 77.209

Surge and storage piles.

No person shall be permitted to walk
or stand immediately above a reclaiming area or in any other area at or near
a surge or storage pile where the reclaiming operation may expose him to
a hazard.
§ 77.210

Hoisting of materials.

(a) Hitches and slings used to hoist
materials shall be suitable for handling
the type of materials being hoisted.
(b) Men shall stay clear of hoisted
loads.
(c) Taglines shall be attached to
hoisted
materials
that
require
steadying or guidance.
§ 77.211 Draw-off tunnels; stockpiling
and reclaiming operations; general.
(a) Tunnels located below stockpiles,
surge piles, and coal storage silos shall
be ventilated so as to maintain concentrations of methane below 1.0 volume per centum.
(b) In addition to the tests for methane required by § 77.201 such tests shall
also be made before any electric equipment is energized or repaired, unless
equipped with a continuous methane
monitoring device installed and operated in accordance with the provisions
of § 77.211–1. Electric equipment shall
not be energized, operated, or repaired
until the air contains less than 1.0 volume per centum of methane.
§ 77.211–1 Continuous methane monitoring device; installation and operation; automatic deenergization of
electric equipment.
Continuous methane monitoring devices shall be set to deenergize automatically electric equipment when
such monitor is not operating properly
and to give a warning automatically
when the concentration of methane

688

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00698

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.215

reaches a maximum percentage determined by an authorized representative
of the Secretary which shall not be
more than 1.0 volume per centum of
methane. An authorized representative
of the Secretary shall require such
monitor to deenergize automatically
electric equipment when the concentration of methane reaches a maximum percentage determined by such
representative which shall not be more
than 2.0 volume per centum of methane.

(d) Roadways to refuse piles shall be
fenced or otherwise guarded to restrict
the entrance of unauthorized persons.

§ 77.212 Draw-off tunnel
fans; installation.

ventilation

When fans are used to ventilate drawoff tunnels the fans shall be:
(a) Installed on the surface;
(b) Installed in fireproof housings and
connected to the tunnel openings with
fireproof air ducts; and,
(c) Offset from the tunnel opening.
§ 77.213

Draw-off tunnel escapeways.

When it is necessary for a tunnel to
be closed at one end, an escapeway not
less than 30 inches in diameter (or of
the equivalent, if the escapeway does
not have a circular cross section) shall
be installed which extends from the
closed end of the tunnel to a safe location on the surface; and, if the
escapeway is inclined more than 30 degrees from the horizontal it shall be
equipped with a ladder which runs the
full length of the inclined portion of
the escapeway.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.214

Refuse piles; general.

(a) Refuse piles constructed on or
after July 1, 1971, shall be located in
areas which are a safe distance from all
underground mine airshafts, preparation plants, tipples, or other surface installations and such piles shall not be
located over abandoned openings or
steamlines.
(b) Where new refuse piles are constructed over exposed coal beds the exposed coal shall be covered with clay or
other inert material as the piles are
constructed.
(c) A fireproof barrier of clay or inert
material shall be constructed between
old and new refuse piles.

[36 FR 9364, May 22, 1971, as amended at 36
FR 13143, July 15, 1971]

§ 77.215 Refuse piles; construction requirements.
(a) Refuse deposited on a pile shall be
spread in layers and compacted in such
a manner so as to minimize the flow of
air through the pile.
(b) Refuse shall not be deposited on a
burning pile except for the purpose of
controlling or extinguishing a fire.
(c) Clay or other sealants shall be
used to seal the surface of any refuse
pile in which a spontaneous ignition
has occurred.
(d) Surface seals shall be kept intact
and protected from erosion by drainage
facilities.
(e) Refuse piles shall not be constructed so as to impede drainage or
impound water.
(f) Refuse piles shall be constructed
in such a manner as to prevent accidental sliding and shifting of materials.
(g) No extraneous combustible material shall be deposited on refuse piles.
(h) After October 31, 1975 new refuse
piles and additions to existing refuse
piles, shall be constructed in compacted layers not exceeding 2 feet in
thickness and shall not have any slope
exceeding 2 horizontal to 1 vertical (approximately 27°) except that the District Manager may approve construction of a refuse pile in compacted layers exceeding 2 feet in thickness and
with slopes exceeding 27° where engineering data substantiates that a minimum safety factor of 1.5 for the refuse
pile will be attained.
(i) Foundations for new refuse piles
and additions to existing refuse piles
shall be cleared of all vegetation and
undesirable material that according to
current, prudent engineering practices
would adversely affect the stability of
the refuse pile.
(j) All fires in refuse piles shall be extinguished, and the method used shall
be in accordance with a plan approved
by the District Manager. The plan shall
contain as a minimum, provisions to
ensure that only those persons authorized by the operator, and who have an

689

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00699

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.215–1

30 CFR Ch. I (7–1–19 Edition)

understanding of the procedure to be
used, shall be involved in the extinguishing operation.
(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803
(30 U.S.C. 811, 957), Pub. L. No. 96–511, 94 Stat.
2812 (44 U.S.C. 3501 et seq.))
[36 FR 9364, May 22, 1971, as amended at 40
FR 41776, Sept. 9, 1975; 60 FR 33723, June 29,
1995]

§ 77.215–1 Refuse piles; identification.
A permanent identification marker,
at least six feet high and showing the
refuse pile identification number as assigned by the District Manager, the
name associated with the refuse pile
and the name of the person owning, operating or controlling the refuse pile,
shall be located on or immediately adjacent to each refuse pile within the
time specified in paragraphs (a) or (b)
of this section as applicable.
(a) For existing refuse piles, markers
shall be placed before May 1, 1976.
(b) For new or proposed refuse piles,
markers shall be placed within 30 days
from acknowledgment of the proposed
location of a new refuse pile.
(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803
(30 U.S.C. 811, 957))

kpayne on VMOFRWIN702 with $$_JOB

[40 FR 41776, Sept. 9, 1975]

§ 77.215–2 Refuse piles; reporting requirements.
(a) The proposed location of a new
refuse pile shall be reported to and acknowledged in writing by the District
Manager prior to the beginning of any
work associated with the construction
of the refuse pile.
(b) Before May 1, 1976, for existing
refuse piles, or within 180 days from
the date of acknowledgment of the proposed location of a new refuse pile, the
person owning, operating or controlling a refuse pile shall submit to the
District Manager a report in triplicate
which contains the following:
(1) The name and address of the person owning, operating or controlling
the refuse pile; the name associated
with the refuse pile; the identification
number of the refuse pile as assigned
by the District Manager; and the identification number of the mine or preparation plant as assigned by MSHA.
(2) The location of the refuse pile indicated on the most recent USGS 71⁄2

minute or 15 minute topographic quadrangle map, or a topographic map of
equivalent scale if a USGS map is not
available.
(3) A statement of the construction
history of the refuse pile, and a statement indicating whether the refuse pile
has been abandoned in accordance with
a plan approved by the District Manager.
(4) A topographic map showing at a
scale not to exceed 1 inch = 400 feet,
the present and proposed maximum extent of the refuse pile and the area 500
feet around the proposed maximum perimeter.
(5) A statement of whether or not the
refuse pile is burning.
(6) A description of measures taken
to prevent water from being impounded
by the refuse pile or contained within
the refuse pile.
(7) At a scale not to exceed 1 inch =
100 feet, cross sections of the length
and width of the refuse pile at sufficient intervals to show the approximate original ground surface, the
present configuration and the proposed
maximum extent of the refuse pile, and
mean sea level elevations at significant
points.
(8) Any other information pertaining
to the stability of the pile which may
be required by the District Manager.
(c) The information required by paragraphs (b)(4) through (b)(8) of this section shall be reported every twelfth
month from the date of original submission for those refuse piles which the
District Manager has determined can
present a hazard until the District
Manager notifies the operator that the
hazard has been eliminated.
(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803
(30 U.S.C. 811, 957), Pub. L. No. 96–511, 94 Stat.
2812 (44 U.S.C. 3501 et seq.))
[40 FR 41776, Sept. 9, 1975, as amended at 57
FR 7471, Mar. 2, 1992; 60 FR 33723, June 29,
1995]

§ 77.215–3 Refuse piles: certification.
(a) Within 180 days following written
notification by the District Manager
that a refuse pile can present a hazard,
the person owning, operating, or controlling the refuse pile shall submit to
the District Manager a certification by
a registered engineer that the refuse
pile is being constructed or has been

690

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00700

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.216–1

modified in accordance with current,
prudent engineering practices to minimize the probability of impounding
water and failure of such magnitude as
to endanger the lives of miners.
(b) After the initial certification required by this section and until the
District Manager notifies the operator
that the hazard has been eliminated,
certification shall be submitted every
twelfth month from the date of the initial certification.
(c) Certifications required by paragraphs (a) and (b) of this section shall
include all information considered in
making the certification.

(3) As determined by the District
Manager, present a hazard to coal miners.
(b) Plans for the design and construction of all new water, sediment, or
slurry impoundments and impounding
structures which meet the requirements of paragraph (a) of this section
shall be submitted in triplicate to and
be approved by the District Manager
prior to the beginning of any work associated with construction of the impounding structure.
(c) Before May 1, 1976, a plan for the
continued use of an existing water,
sediment, or slurry impoundment and
impounding structure which meets the
requirements of paragraph (a) of this
section shall be submitted in triplicate
to the District Manager for approval.
(d) The design, construction, and
maintenance of all water, sediment, or
slurry impoundments and impounding
structures which meet the requirements of paragraph (a) of this section
shall be implemented in accordance
with the plan approved by the District
Manager.
(e) All fires in impounding structures
shall be extinguished, and the method
used shall be in accordance with a plan
approved by the District Manager. The
plan shall contain as a minimum, provisions to ensure that only those persons authorized by the operator, and
who have an understanding of the procedures to be used, shall be involved in
the extinguishing operation.

(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803
(30 U.S.C. 811, 957))
[40 FR 41776, Sept. 9, 1975, as amended at 57
FR 7471, Mar. 2, 1992]

§ 77.215–4 Refuse piles; abandonment.
When a refuse pile is to be abandoned, the District Manager shall be
notified in writing, and if he determines it can present a hazard, the
refuse pile shall be abandoned in accordance with a plan submitted by the
operator and approved by the District
Manager. The plan shall include a
schedule for its implementation and
describe provisions to prevent burning
and future impoundment of water, and
provide for major slope stability.
(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803
(30 U.S.C. 811, 957), Pub. L. No. 96–511, 94 Stat.
2812 (44 U.S.C. 3501 et seq.))

kpayne on VMOFRWIN702 with $$_JOB

[40 FR 41776, Sept. 9, 1975, as amended at 60
FR 33723, June 29, 1995]

§ 77.216 Water, sediment, or slurry impoundments and impounding structures; general.
(a) Plans for the design, construction, and maintenance of structures
which impound water, sediment, or
slurry shall be required if such an existing or proposed impounding structure can:
(1) Impound water, sediment, or slurry to an elevation of five feet or more
above the upstream toe of the structure and can have a storage volume of
20 acre-feet or more; or
(2) Impound water, sediment, or slurry to an elevation of 20 feet or more
above the upstream toe of the structure; or

(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803
(30 U.S.C. 811, 957))
[40 FR 41776, Sept. 9, 1975]

§ 77.216–1 Water, sediment or slurry
impoundments and impounding
structures; identification.
A permanent identification marker,
at least six feet high and showing the
identification number of the impounding structure as assigned by the District Manager, the name associated
with the impounding structure and
name of the person owning, operating,
or controlling the structure, shall be
located on or immediately adjacent to
each water, sediment or slurry impounding structure within the time
specified in paragraph (a) or (b) of this
section as applicable.

691

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00701

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.216–2

30 CFR Ch. I (7–1–19 Edition)

(a) For existing water, sediment or
slurry impounding structures, markers
shall be placed before May 1, 1976.
(b) For new or proposed water, sediment, or slurry impounding structures,
markers shall be placed within 30 days
from the start of construction.
(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803
(30 U.S.C. 811, 957))

kpayne on VMOFRWIN702 with $$_JOB

[40 FR 41777, Sept. 9, 1975]

§ 77.216–2 Water, sediment, or slurry
impoundments and impounding
structures; minimum plan requirements; changes or modifications;
certification.
(a) The plan specified in § 77.216, shall
contain as a minimum the following
information:
(1) The name and address of the persons owning, operating or controlling
the impoundment or impounding structure; the name associated with the impoundment or impounding structure;
the identification number of the impounding structure as assigned by the
District Manager; and the identification number of the mine or preparation
plant as assigned by MSHA.
(2) The location of the structure indicated on the most recent USGS 71⁄2
minute or 15 minute topographic quadrangle map, or a topographic map of
equivalent scale if a USGS map is not
available.
(3) A statement of the purpose for
which the structure is or will be used.
(4) The name and size in acres of the
watershed affecting the impoundment.
(5) A description of the physical and
engineering properties of the foundation materials on which the structure
is or will be constructed.
(6) A statement of the type, size,
range, and physical and engineering
properties of the materials used, or to
be used, in constructing each zone or
stage of the impounding structure; the
method of site preparation and construction of each zone; the approximate dates of construction of the
structure and each successive stage;
and for existing structures, such history of construction as may be available, and any record or knowledge of
structural instability.
(7) At a scale not to exceed 1 inch =
100 feet, detailed dimensional drawings
of the impounding structure including

a plan view and cross sections of the
length and width of the impounding
structure, showing all zones, foundation improvements, drainage provisions, spillways, diversion ditches, outlets, instrument locations, and slope
protection, in addition to the measurement of the minimum vertical distance
between the crest of the impounding
structure and the reservoir surface at
present and under design storm conditions, sediment or slurry level, water
level and other information pertinent
to the impoundment itself, including
any identifiable natural or manmade
features which could affect operation
of the impoundment.
(8) A description of the type and purpose of existing or proposed instrumentation.
(9) Graphs showing area-capacity
curves.
(10) A statement of the runoff attributable to the probable maximum precipitation of 6-hour duration and the
calculations used in determining such
runoff.
(11) A statement of the runoff attributable to the storm for which the
structure is designed and the calculations used in determining such runoff.
(12) A description of the spillway and
diversion design features and capacities and calculations used in their determination.
(13) The computed minimum factor of
safety range for the slope stability of
the impounding structure including
methods and calculations used to determine each factor of safety.
(14) The locations of surface and underground coal mine workings including the depth and extent of such workings within the area 500 feet around the
perimeter, shown at a scale not to exceed one inch = 500 feet.
(15) Provisions for construction surveillance, maintenance, and repair of
the impounding structure.
(16) General provisions for abandonment.
(17) A certification by a registered
engineer that the design of the impounding structure is in accordance
with current, prudent engineering
practices for the maximum volume of
water, sediment, or slurry which can be
impounded therein and for the passage
of runoff from the designed storm

692

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00702

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.216–3

which exceeds the capacity of the impoundment; or, in lieu of the certification, a report indicating what additional investigations, analyses, or improvement work are necessary before
such a certification can be made, including what provisions have been
made to carry out such work in addition to a schedule for completion of
such work.
(18) Such other information pertaining to the stability of the impoundment and impounding structure which
may be required by the District Manager.
(b) Any changes or modifications to
plans for water, sediment, or slurry impoundments or impounding structures
shall be approved by the District Manager prior to the initiation of such
changes or modifications.

operating or controlling the impounding structure shall immediately:
(1) Take action to eliminate the potentially hazardous condition;
(2) Notify the District Manager;
(3) Notify and prepare to evacuate, if
necessary, all coal miners from coal
mine property which may be affected
by the potentially hazardous conditions; and
(4) Direct a qualified person to monitor all instruments and examine the
structure at least once every eight
hours, or more often as required by an
authorized representative of the Secretary.
(c) After each examination and instrumentation monitoring referred to
in paragraphs (a) and (b) of this section, each qualified person who conducted all or any part of the examination or instrumentation monitoring
shall promptly record the results of
such examination or instrumentation
monitoring in a book which shall be
available at the mine for inspection by
an authorized representative of the
Secretary, and such qualified person
shall also promptly report the results
of the examination or monitoring to
one of the persons specified in paragraph (d) of this section.
(d) All examination and instrumentation monitoring reports recorded in accordance with paragraph (c) of this section shall include a report of the action
taken to abate hazardous conditions
and shall be promptly signed or
countersigned by at least one of the
following persons:
(1) The mine foreman;
(2) The assistant superintendent of
the mine;
(3) The superintendent of the mine;
(4) The person designated by the operator as responsible for health and
safety at the mine.
(e) Before May 1, 1976, the person
owning, operating, or controlling a
water, sediment, or slurry impoundment which meets the requirements of
§ 77.216(a) shall adopt a program for
carrying out the requirements of paragraphs (a) and (b) of this section. The
program shall be submitted for approval to the District Manager. The
program shall include as a minimum:

(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803
(30 U.S.C. 811, 957))

kpayne on VMOFRWIN702 with $$_JOB

[40 FR 41777, Sept. 9, 1975]

§ 77.216–3 Water, sediment, or slurry
impoundments and impounding
structures;
inspection
requirements; correction of hazards; program requirements.
(a) All water, sediment, or slurry impoundments that meet the requirements of § 77.216(a) shall be examined as
follows:
(1) At intervals not exceeding 7 days,
or as otherwise approved by the District Manager, for appearances of
structural weakness and other hazardous conditions.
(2) All instruments shall be monitored at intervals not exceeding 7
days, or as otherwise approved by the
District Manager.
(3) Longer inspection or monitoring
intervals approved under this paragraph (a) shall be justified by the operator based on the hazard potential and
performance of the impounding structure, and shall include a requirement
for inspection immediately after a
specified rain event approved by the
District Manager.
(4) All inspections required by this
paragraph (a) shall be performed by a
qualified person designated by the person owning, operating, or controlling
the impounding structure.
(b) When a potentially hazardous
condition develops, the person owning,

693

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00703

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.216–4

30 CFR Ch. I (7–1–19 Edition)

(1) A schedule and procedures for examining the impoundment and impounding structure by a designated
qualified person;
(2) A schedule and procedures for
monitoring any required or approved
instrumentation by a designated qualified person;
(3) Procedures for evaluating hazardous conditions;
(4) Procedures for eliminating hazardous conditions;
(5) Procedures for notifying the District Manager;
(6) Procedures for evacuating coal
miners from coal mine property which
may be affected by the hazardous condition.
(f) Before making any changes or
modifications in the program approved
in accordance with paragraph (e) of
this section, the person owning, operating, or controlling the impoundment
shall obtain approval of such changes
or modifications from the District
Manager.
(g) The qualified person or persons
referred to in paragraphs (a), (b)(4), (c),
(e)(1), and (e)(2) of this section shall be
trained to recognize specific signs of
structural instability and other hazardous conditions by visual observation and, if applicable, to monitor instrumentation.
(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803
(30 U.S.C. 811, 957))

kpayne on VMOFRWIN702 with $$_JOB

[40 FR 41777, Sept. 9, 1975, as amended at 57
FR 7471, Mar. 2, 1992]

§ 77.216–4 Water, sediment or slurry
impoundments and impounding
structures; reporting requirements;
certification.
(a) Except as provided in paragraph
(b) of this section, every twelfth month
following the date of the initial plan
approval, the person owning, operating,
or controlling a water, sediment, or
slurry impoundment and impounding
structure that has not been abandoned
in accordance with an approved plan
shall submit to the District Manager a
report containing the following information:
(1) Changes in the geometry of the
impounding structure for the reporting
period.
(2) Location and type of installed instruments and the maximum and min-

imum recorded readings of each instrument for the reporting period.
(3) The minimum, maximum, and
present depth and elevation of the impounded water, sediment, or slurry for
the reporting period.
(4) Storage capacity of the impounding structure.
(5) The volume of the impounded
water, sediment, or slurry at the end of
the reporting period.
(6) Any other change which may have
affected the stability or operation of
the impounding structure that has occurred during the reporting period.
(7) A certification by a registered
professional engineer that all construction, operation, and maintenance was
in accordance with the approved plan.
(b) A report is not required under
this section when the operator provides
the District Manager with a certification by a registered professional engineer that there have been no changes
under paragraphs (a)(1) through (a)(6)
of this section to the impoundment or
impounding structure. However, a report containing the information set
out in paragraph (a) of this section
shall be submitted to the District Manager at least every 5 years.
[57 FR 7471, Mar. 2, 1992]

§ 77.216–5 Water, sediment or slurry
impoundments and impounding
structures; abandonment.
(a) Prior to abandonment of any
water, sediment, or slurry impoundment and impounding structure which
meets the requirements of 30 CFR
77.216(a), the person owning, operating,
or controlling such an impoundment
and impounding structure shall submit
to and obtain approval from the District Manager, a plan for abandonment
based on current, prudent engineering
practices. This plan shall provide for
major slope stability, include a schedule for the plan’s implementation and,
except as provided in paragraph (b) of
this section, contain provisions to preclude the probability of future impoundment of water, sediment, or slurry.
(b) An abandonment plan does not
have to contain a provision to preclude
the future impoundment of water if the
plan is approved by the District Manager and documentation is included in

694

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00704

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.303

the abandonment plan to ensure that
the following requirements are met:
(1) A registered professional engineer,
knowledgeable in the principles of dam
design and in the design and construction of the structure, shall certify that
it substantially conforms to the approved design plan and specifications
and that there are no apparent defects.
(2) The current owner or prospective
owner shall certify a willingness and
ability to assume responsibility for operation and maintenance of the structure.
(3) A permit or approval for the continued existence of the impoundment
or impounding structure shall be obtained from the Federal or State agency responsible for dam safety.

does not mean temporary spoil piles of
removed overburden material associated with surface mining operations.
(f) Safety factor means the ratio of the
forces tending to resist the failure of a
structure to the forces tending to cause
such failure as determined by accepted
engineering practice.

kpayne on VMOFRWIN702 with $$_JOB

[57 FR 7472, Mar. 2, 1992]

§ 77.217 Definitions.
For the purpose of §§ 77.214 through
77.216–5, the term:
(a) Abandoned as applied to any
refuse pile or impoundment and impounding structure means that work
on such pile or structure has been completed in accordance with a plan for
abandonment approved by the District
Manager.
(b) Area-capacity curves means graphic curves which readily show the reservoir water surface area, in acres, at
different elevations from the bottom of
the reservoir to the maximum water
surface, and the capacity or volume, in
acre-feet, of the water contained in the
reservoir at various elevations.
(c) Impounding structure means a
structure which is used to impound
water, sediment, or slurry, or any combination of such materials.
(d) Probable maximum precipitation
means the value for a particular area
which represents an envelopment of
depth-duration-area rainfall relations
for all storm types affecting that area
adjusted meteorologically to maximum
conditions.
(e) Refuse pile means a deposit of coal
mine waste which may contain a mixture of coal, shale, claystone, siltstone,
sandstone, limestone, and related materials that are excavated during mining operations or separated from mined
coal and disposed of on the surface as
waste byproducts of either coal mining
or preparation operations. Refuse pile

(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803
(30 U.S.C. 811, 957))
[40 FR 41778, Sept. 9, 1975]

Subpart D—Thermal Dryers
§ 77.300 Thermal dryers; general.
On and after July 1, 1971 dryer systems used for drying coal at high temperatures, hereinafter referred to as
thermal dryers, including rotary dryers, continuous carrier dyes, vertical
tray, and cascade dryers, multilouver
dryers, suspension or flash dryers, and
fluidized bed dryers, shall be maintained and operated in accordance with
the provision of § 77.301 to § 77.306.
[36 FR 9364, May 22, 1971, as amended at 36
FR 13143, July 15, 1971]

§ 77.301 Dryer heating units; operation.
(a) Dryer heating units shall be operated to provide reasonably complete
combustion before heated gases are allowed to enter hot gas inlets.
(b) Dryer heating units which are
fired by pulverized coal, shall be operated and maintained in accordance
with the recommended standards set
forth in the National Fire Protection
Association Handbook, 12th Edition,
Section 9, ‘‘Installation of Pulverized
Fuel Systems,’’ 1962.
§ 77.302 Bypass stacks.
Thermal dryer systems shall include
a bypass stack, relief stack or individual discharge stack provided with
automatic venting which will permit
gases from the dryer heating unit to
bypass the heating chamber and vent
to the outside atmosphere during any
shutdown operation.
§ 77.303 Hot gas inlet chamber dropout
doors.
Thermal dryer systems which employ
a hot gas inlet chamber shall be
equipped with drop-out doors at the

695

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00705

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.304

30 CFR Ch. I (7–1–19 Edition)

bottom of the inlet chamber or with
other effective means which permit
coal, fly-ash, or other heated material
to fall from the chamber.
§ 77.304 Explosion release vents.
Drying chambers, dry-dust collectors, ductwork connecting dryers to
dust collectors, and ductwork between
dust collectors and discharge stacks
shall be protected with explosion release vents which open directly to the
outside atmosphere, and all such vents
shall be:
(a) Hinged to prevent dislodgment;
(b) Designed and constructed to permit checking and testing by manual
operation; and
(c) Equal in size to the cross-sectional area of the collector vortex finder when used to vent dry dust collectors.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.305 Access to drying chambers,
hot gas inlet chambers and ductwork; installation and maintenance.
Drying chambers, hot gas inlet chambers and all ductwork in which coal
dust may accumulate shall be equipped
with tight sealing access doors which
shall remain latched during dryer operation to prevent the emission of coal
dust and the loss of fluidizing air.
§ 77.306 Fire protection.
Based on the need for fire protection
measures in connection with the particular design of the thermal dryer, an
authorized representative of the Secretary may require any of the following measures to be employed:
(a) Water sprays automatically actuated by rises in temperature to prevent
fire, installed inside the thermal dryer
systems, and such sprays shall be designed to provide for manual operation
in the event of power failure.
(b) Fog nozzles, or other no less effective means, installed inside the thermal dryer systems to provide additional moisture or an artificial drying
load within the drying system when
the system is being started or shutdown.
(c) The water system of each thermal
dryer shall be interconnected to a supply of compressed air which permits
constant or frequent purging of all
water sprays and fog nozzles or other

no less effective means of purging shall
be provided.
§ 77.307 Thermal dryers; location and
installation; general.
(a) Thermal dryer systems erected or
installed at any coal mine after June
30, 1971 shall be located at least 100 feet
from any underground coal mine opening, and 100 feet from any surface installation where the heat, sparks,
flames, or coal dust from the system
might cause a fire or explosion.
(b) Thermal dryer systems erected or
installed after June 30, 1971 may be
covered by roofs, however, such systems shall not be otherwise enclosed
unless necessary to protect the health
and safety of persons employed at the
mine. Where such systems are enclosed, they shall be located in separate fireproof structures of heavy construction with explosion pressure release devices (such as hinged wall panels, window sashes, or louvers); which
provide at least 1 square foot of area
for each 80 cubic feet of space volume
and which are distributed as uniformly
as possible throughout the structure.
§ 77.308 Structures housing other facilities; use of partitions.
Thermal dryer systems installed
after June 30, 1971 in any structure
which also houses a tipple, cleaning
plant, or other operating facility shall
be separated from all other working
areas of such structure by a substantial partition capable of providing
greater resistance to explosion pressures than the exterior wall or walls of
the structure. The partition shall also
include substantial, self-closing fire
doors at all entrances to the areas adjoining the dryer system.
§ 77.309 Visual check of system equipment.
Frequent visual checks shall be made
by the operator of the thermal dryer
system control station, or by some
other competent person, of the bypass
dampers, air-tempering louvers, discharge mechanism, and other dryer
system equipment.
§ 77.309–1 Control stations; location.
Thermal dryer system control stations constructed after June 30, 1971,

696

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00706

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.401

shall be installed at a location which
will give to the operator of the control
station the widest field of visibility of
the system and equipment.

adjustment. These instruments shall
not be set above the maximum allowable operating temperature.
(c) All dryer control instruments
shall be inspected and calibrated at
least once every 3 months and a record
or certificate of accuracy, signed by a
trained employee or by a servicing
agent, shall be kept at the plant.

§ 77.310 Control panels.
(a) All thermal dryer system control
panels constructed after June 30, 1971
shall be located in an area which is relatively free of moisture and dust and
shall be installed in such a manner as
to minimize vibration.
(b) A schematic diagram containing
legends which show the location of
each thermocouple, pressure tap, or
other control or gaging instrument in
the drying system shall be posted on or
near the control panel of each thermal
drying system.
(c) Each instrument on the control
panel shall be identified by a nameplate or equivalent marking.
(d) A plan to control the operation of
each thermal dryer system shall be
posted at or near the control panel
showing a sequence of startup, normal
shutdown, and emergency shutdown
procedures.
§ 77.311 Alarm devices.
Thermal dryer systems shall be
equipped with both audible and visual
alarm devices which are set to operate
when safe dryer temperatures are exceeded.
§ 77.312 Fail safe monitoring systems.
Thermal dryer systems and controls
shall be protected by a fail safe monitoring system which will safely shut
down the system and any related
equipment upon failure of any component in the dryer system.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.313 Wet-coal feedbins; low-level indicators.
Wet-coal bins feeding thermal drying
systems shall be equipped with both
audible and visual low-coal-level indicators.
§ 77.314 Automatic temperature control instruments.
(a) Automatic temperature control
instruments for thermal dryer system
shall be of the recording type.
(b) Automatic temperature control
instruments shall be locked or sealed
to prevent tampering or unauthorized

§ 77.315 Thermal dryers; examination
and inspection.
Thermal dryer systems shall be examined for fires and coal-dust accumulations if the dryers are not restarted
promptly after a shutdown.

Subpart E—Safeguards for
Mechanical Equipment
§ 77.400

Mechanical equipment guards.

(a) Gears; sprockets; chains; drive,
head,
tail,
and
takeup
pulleys;
flywheels; couplings; shafts; sawblades;
fan inlets; and similar exposed moving
machine parts which may be contacted
by persons, and which may cause injury to persons shall be guarded.
(b) Overhead belts shall be guarded if
the whipping action from a broken line
would be hazardous to persons below.
(c) Guards at conveyor-drive, conveyor-head, and conveyor-tail pulleys
shall extend a distance sufficient to
prevent a person from reaching behind
the guard and becoming caught between the belt and the pulley.
(d) Except when testing the machinery, guards shall be securely in place
while machinery is being operated.
§ 77.401 Stationary grinding machines;
protective devices.
(a) Stationary grinding machines
other than special bit grinders shall be
equipped with:
(1) Peripheral hoods (less than 90°
throat openings) capable of withstanding the force of a bursting wheel.
(2) Adjustable tool rests set as close
as practical to the wheel.
(3) Safety washers.
(b) Grinding wheels shall be operated
within the specifications of the manufacturer of the wheel.
(c) Face shields or goggles, in good
condition, shall be worn when operating a grinding wheel.

697

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00707

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.402

30 CFR Ch. I (7–1–19 Edition)

§ 77.402 Hand-held power tools; safety
devices.
Hand-held power tools shall be
equipped with controls requiring constant hand or finger pressure to operate the tools or shall be equipped with
friction or other equivalent safety devices.
§ 77.403 Mobile equipment; falling object protective structures (FOPS).
(a) When necessary to protect the operator of the equipment, all rubbertired or crawler-mounted self-propelled
scrapers, front-end loaders, dozers,
graders, loaders, and tractors, with or
without attachments, that are used in
surface coal mines or the surface work
areas of underground coal mines shall
be provided with substantial falling object protective structures (FOPS).
FOPS which meet the requirements of
the Society of Automotive Engineers
(SAE) Standard J 231 shall be considered to be a ‘‘substantial’’ FOPS. An
authorized representative of the Secretary may approve a FOPS which provides protection equivalent to SAE J
231.
(b) When necessary to protect the operator of the equipment, forklift or
powered industrial trucks shall be provided with substantial FOPS. Such
FOPS shall meet the requirements of
the State of California, Division of Industrial Safety, General Safety Orders,
Register 72, Number 6, February 8, 1972,
Article 25, Section 3655—‘‘Overhead
Guards for High-Lift Rider Trucks.’’
(Sec. 101(a), Federal Coal Mine Health and
Safety Act of 1969, as amended (83 Stat. 745;
30 U.S.C. 811(a))
[39 FR 24007, June 28, 1974]

kpayne on VMOFRWIN702 with $$_JOB

§ 77.403–1 Mobile equipment; rollover
protective structures (ROPS).
(a) All rubber-tired or crawlermounted self-propelled scrapers, frontend loaders, dozers, graders, loaders,
and tractors, with or without attachments, that are used in surface coal
mines or the surface work areas of underground coal mines shall be provided
with rollover protective structures
(hereinafter referred to as ROPS) in accordance with the requirements of
paragraphs (b) through (f) of this section, as applicable.

(b) Mobile equipment manufactured on
and after September 1, 1974. All mobile
equipment described in paragraph (a)
of this section manufactured on and
after September 1, 1974 shall be
equipped with ROPS meeting the requirements of the Department of Labor
specified in §§ 1926.1001 and 1926.1002 of
Part 1926, Title 29, Code of Federal Regulations—Safety and Health Regulations for Construction.
(c) Mobile equipment manufactured
prior to September 1, 1974. All mobile
equipment described in paragraph (a)
of this section manufactured prior to
September 1, 1974 shall be equipped
with ROPS meeting the requirements
of paragraphs (d) through (f) of this
section, as appropriate, no later than
the dates specified in paragraphs (1),
(2), and (3) of this paragraph (c), unless
an earlier date is required by an authorized representative of the Secretary under paragraph (c)(4) of this
section:
(1) Mobile equipment manufactured
between July 1, 1971, and September 1,
1974, shall be equipped with ROPS no
later than March 1, 1975.
(2) Mobile equipment manufactured
between July 1, 1970, and June 30, 1971,
shall be equipped with ROPS no later
than July 1, 1975.
(3) Mobile equipment manufactured
between July 1, 1969, and June 30, 1970,
shall be equipped with ROPS no later
than January 1, 1976.
(4) Irrespective of the time periods
specified in paragraph (c) (1) through
(3) of this section an authorized representative of the Secretary may require such mobile equipment to be
equipped with ROPS at an earlier date
when necessary to protect the operator
of the equipment under the conditions
in which the mobile equipment is, or
will be operated. The authorized representative of the Secretary shall in
writing advise the operator that the
equipment shall be equipped with a
ROPS and shall fix a time within which
the operator shall provide and install
the ROPS. If such ROPS is not provided and installed within the time
fixed a notice shall be issued to the operator pursuant to section 104 of the
Act.

698

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00708

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

Mine Safety and Health Admin., Labor

§ 77.403–1

(5) Nothing in this § 77.403–1 shall preclude the issuance of a withdrawal
order because of imminent danger.
(d) Except as provided in paragraph
(e) of this section, mobile equipment
described in paragraph (a) of this section, manufactured prior to September
1, 1974, shall be deemed in compliance
with this section if the ROPS is installed in accordance with the recommendations of the ROPS manufacturer or designer. The coal mine operator shall exhibit certification from
the ROPS manufacturer or designer in
the form of a label attached to the
equipment, indicating the manufacturer’s or fabricator’s name and address,
the ROPS model number, if any, the
machine make, model or series number
that the structure is designed to fit,
and compliance with the applicable
specification listed in paragraph (c)(1)
or (2) of this section, or he shall, upon
request of the authorized representative of the Secretary, furnish certification from a registered professional
engineer that:
(1) The ROPS complies with the Society of Automotive Engineers (SAE)
Standard J 397, ‘‘Critical Zone—Characteristics and Dimensions for Operators of Construction and Industrial Machinery’’ or SAE J 397a, ‘‘Deflection
Limiting Volume for Laboratory Evaluation of Rollover Protective Structures (ROPS) and Falling Object Protective Structures (FOPS) of Construction and Industrial Vehicles’’ and the
following applicable SAE Standards:
(i) J 320a, ‘‘Minimum Performance
Criteria for Rollover Protective Structure for Rubber-Tired Self-Propelled
Scrapers’’ or J 320b, ‘‘Minimum Performance Criteria for Rollover Protective Structures for Prime Movers’’; or
(ii) J 394, ‘‘Minimum Performance
Criteria for Rollover Protective Structure for Rubber-Tired Front-End Loaders and Rubber-Tired Dozers’’ or J 394a,
‘‘Minimum Performance Criteria for
Rollover Protective Structures for
Wheeled
Front-End
Loaders
and
Wheeled Dozers’’; or
(iii) J 395, ‘‘Minimum Performance
Criteria for Rollover Protective Structure for Crawler Tractors and CrawlerType Loaders’’ or J 395a, ‘‘Minimum
Performance Criteria for Rollover Protective Structures for Track-Type

Tractors and Track-Type Front-End
Loaders’’; or
(iv) J 396 or J 396a, ‘‘Minimum Performance Criteria for Rollover Protective Structures for Motor Graders’’; or
(v) J 167, ‘‘Protective Frame with
Overhead Protection—Test Procedures
and Performance Requirements’’; or
(vi) J 334a, ‘‘Protective Frame Test
Procedures and Performance Requirements’’; or
(2) The ROPS and supporting attachments will:
(i) Show satisfactory performance by
actual test of a prototype involving a
roll of 720° or more; or
(ii) Support not less than the weight
of the vehicle applied as a uniformly
distributed horizontal load at the top
of the structure and perpendicular to a
vertical plane through the longitudinal
axis of the prime mover, and support
two times the weight of the vehicle applied as a uniformly distributed
vertical load to the top of the structure; 1 or
(iii) Support the following separately
applied minimum loads:
(A) 125 percent of the weight of the
vehicle applied as a uniformly distributed horizontal load at the top of the
ROPS and perpendicular to a critical
plane through the longitudinal axis of
the prime mover; and
(B) A load of twice the weight of the
vehicle applied as a uniformly distributed vertical load to the top of the
ROPS after complying with paragraph
(d) (1) (iii) (A) of this section. Stresses
shall not exceed the ultimate strength.
Steel used in the ROPS must have capability to perform at 0 °F., or exhibit
Charpy V-notch impact strength at 8
ft.-lb. at ¥20 °F. with a standard
Charpy V-notch Type A specimen and
provide 20 percent elongation over two
inches in a standard two inch gauge
length on a 0.505 inch diameter tensile
specimen. Bolts and nuts shall be SAE
grade 8 (reference SAE J 429d, J 429e, J
1 1Paragraph (d) of § 77.403–1 is based on the
ROPS criteria of the U.S. Army Corps of Engineers, Safety—General Safety Requirements EM 385–1–1, Change 1, No. 21, Para.
18.A.20 (March 27, 1972), except that subparagraph (2)(ii) of this paragraph (d) is substituted for Para. 18.A.20e(2) of the Corps requirements.

699

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00709

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.403–2

30 CFR Ch. I (7–1–19 Edition)

429f or J 429g and J 995, J 995a or J
995b).
(e) Mobile equipment manufactured
prior to September 1, 1974 meeting certain
existing governmental requirements for
ROPS. Mobile equipment described in
paragraph (a) of this section, manufactured prior to September 1, 1974 and already equipped with ROPS, shall be
deemed in compliance with this section
if it meets the ROPS requirements of
the State of California, the U.S. Army
Corps of Engineers, the Bureau of Reclamation of the U.S. Department of the
Interior in effect on April 5, 1972, or the
Occupational Safety and Health Administration, U.S. Department of
Labor. The requirements in effect are:
(1) State of California: Construction
Safety Orders 1591(i), 1596, and Logging
and Sawmill Safety Order 5243, issued
by the Department of Industrial Relations pursuant to Division 5, Labor
Code § 6312, State of California;
(2) U.S. Army Corps of Engineers:
Safety—General Safety Requirements,
EM–385–1–1 (March 1967);
(3) Bureau of Reclamation, U.S. Department of the Interior: Safety and
Health Regulations for Construction,
Part II (September 1971); and
(4) Occupational Safety and Health
Administration, U.S. Department of
Labor: Safety and Health Regulations
for Construction, 29 CFR 1926.1001 and
1926.1002.
(f) Field welding on ROPS shall be
performed by welders who are certified
by the coal mine operator or equipment distributor as being qualified in
accordance with the American Welding
Society Structural Welding Code AWS
D1.1–73, or Military Standard MIL-STD
248, or the equivalent thereof.
(g) Seat belts required by § 77.1710(i)
shall be worn by the operator of mobile
equipment required to be equipped with
ROPS by § 77.403–1.
(Sec. 101(a), Federal Coal Mine Health and
Safety Act of 1969, as amended (83 Stat. 745;
30 U.S.C. 811(a))

kpayne on VMOFRWIN702 with $$_JOB

[39 FR 24007, June 28, 1974. Redesignated and
amended at 71 FR 16669, Apr. 3, 2006]

§ 77.403–2 Incorporation by reference.
In accordance with 5 U.S.C. 552(a),
the publications to which references
are made in §§ 77.403 and 77.403–1 and
which have been prepared by organiza-

tions other than the Mine Safety and
Health Administration (MSHA), are
hereby incorporated by reference and
made a part hereof. The incorporated
publications are available at each
MSHA Coal Mine Safety and Health
district office of MSHA. The U.S. Army
Corps of Engineers, Safety—General
Safety Requirements and the Occupational Safety and Health Administration regulations are also available
from the Information Dissemination
(Superintendent of Documents), P.O.
Box 371954, Pittsburgh, PA 15250–7954;
Telephone: 866–512–1800 (toll free) or
202–512–1800; http://bookstore.gpo.gov. Bureau of Reclamation Safety and Health
Regulations for Construction are available from the Bureau of Reclamation,
Division of Safety, Engineering and Research Center, Denver, Colorado. SAE
documents are available from the Society of Automotive Engineers, Inc., 400
Commonwealth Drive, Warrendale, PA
15096. American Welding Society Structural Welding Code D1–1–73 is available
from the American Welding Society,
Inc., 550 N.W. LeJeune Road, Miami,
FL 33126. Military Standard MIL-STD
248 is available from the U.S. Government Printing Office, Washington, DC
20202.
(Sec. 101(a), the Federal Coal Mine Health
and Safety Act of 1969, as amended (83 Stat.
745; 30 U.S.C. 811(a))
[39 FR 24008, June 28, 1974, as amended at 60
FR 35695, July 11, 1995. Redesignated and
amended at 71 FR 16669, Apr. 3, 2006]

§ 77.404 Machinery and equipment; operation and maintenance.
(a) Mobile and stationary machinery
and equipment shall be maintained in
safe operating condition and machinery or equipment in unsafe condition
shall be removed from service immediately.
(b) Machinery and equipment shall be
operated only by persons trained in the
use of and authorized to operate such
machinery or equipment.
(c) Repairs or maintenance shall not
be performed on machinery until the
power is off and the machinery is
blocked against motion, except where
machinery motion is necessary to
make adjustments.
(d) Machinery shall not be lubricated
while in motion where a hazard exists,

700

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00710

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.412

unless equipped with extended fittings
or cups.

and trucks, except pickup trucks with
an unobstructed rear view, shall be
equipped with a warning device that—
(1) Gives an audible alarm when the
equipment is put in reverse; or
(2) Uses infrared light, ultrasonic
waves, radar, or other effective devices
to detect objects or persons at the rear
of the equipment, and sounds an audible alarm when a person or object is detected. This type of discriminating
warning device shall—
(i) Have a sensing area of a sufficient
size that would allow endangered persons adequate time to get out of the
danger zone.
(ii) Give audible and visual alarms
inside the operator’s compartment and
an audible alarm outside of the operator’s compartment when a person or
object is detected in the sensing area;
and
(iii) When the equipment is put in reverse, activate and give a one-time audible and visual alarm inside the operator’s compartment and a one-time audible alarm outside the operator’s compartment.
(b) Alarms shall be audible above the
surrounding noise levels.
(c) Warning devices shall be maintained in functional condition.
(d) An automatic reverse-activated
strobe light may be substituted for an
audible alarm when mobile equipment
is operated at night.

§ 77.405 Performing work from a
raised position; safeguards.
(a) Men shall not work on or from a
piece of mobile equipment in a raised
position until it has been blocked in
place securely. This does not preclude
the use of equipment specifically designed as elevated mobile work platforms.
(b) No work shall be performed under
machinery or equipment that has been
raised until such machinery or equipment has been securely blocked in position.
§ 77.406 Drive belts.
(a) Drive belts shall not be shifted
while in motion unless the machines
are provided with mechanical shifters.
(b) Belt dressing shall not be applied
while belts are in motion except where
it can be applied without endangering a
person.
§ 77.407 Power-driven pulleys.
(a) Belts, chains, and ropes shall not
be guided onto power-driven moving
pulleys, sprockets, or drums with the
hands except on slow moving equipment especially designed for hand feeding.
(b) Pulleys of conveyors shall not be
cleaned manually while the conveyor is
in motion.

kpayne on VMOFRWIN702 with $$_JOB

[54 FR 30517, July 20, 1989]

§ 77.408 Welding operations.
Welding operations shall be shielded
and the area shall be well-ventilated.

§ 77.411 Compressed air and boilers;
general.

§ 77.409 Shovels, draglines, and tractors.
(a) Shovels, draglines, and tractors
shall not be operated in the presence of
any person exposed to a hazard from its
operation and all such equipment shall
be provided with an adequate warning
device which shall be sounded by the
operator prior to starting operation.
(b) Shovels and draglines shall be
equipped with handrails along and
around all walkways and platforms.

§ 77.412

§ 77.410 Mobile equipment; automatic
warning devices.
(a) Mobile equipment such as frontend loaders, forklifts, tractors, graders,

All boilers and pressure vessels shall
be constructed, installed, and maintained in accordance with the standards and specifications of the American
Society of Mechanical Engineers Boiler
and Pressure Vessel Code.
Compressed air systems.

(a) Compressors and compressed-air
receivers shall be equipped with automatic pressure-relief valves, pressure
gages, and drain valves.
(b) Repairs involving the pressure
system of compressors, receivers, or
compressed-air-powered
equipment
shall not be attempted until the pressure has been relieved from that part of
the system to be repaired.

701

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00711

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.413

30 CFR Ch. I (7–1–19 Edition)

(c) At no time shall compressed air
be directed toward a person. When
compressed air is used, all necessary
precautions shall be taken to protect
persons from injury.
(d) Safety chains or suitable locking
devices shall be used at connections to
machines of high-pressure hose lines of
1-inch inside diameter or larger, and
between high-pressure hose lines of 1inch inside diameter or larger, where a
connection failure would create a hazard.
§ 77.413 Boilers.
(a) Boilers shall be equipped with
guarded, well-maintained water gages
and pressure gages placed so that they
can be observed easily. Water gages
and pipe passages to the gages shall be
kept clean and free of scale and rust.
(b) Boilers shall be equipped with
automatic
pressure-relief
valves;
valves shall be opened manually at
least once a week to determine that
they will function properly.
(c) Blowoff valves shall be piped outside the building and shall have outlets
so located or protected that persons
passing by, near, or under them will
not be scalded.
(d) Boiler installations shall be provided with safety devices, acceptable to
the Mine Safety and Health Administration, to protect against hazards of
flameouts, fuel interruptions, and lowwater level.
(e) Boilers shall be inspected internally at least once a year by a licensed
inspector and a certificate of inspection signed by the inspector shall be
displayed in the vicinity of the boiler.

Subpart F—Electrical Equipment—
General

kpayne on VMOFRWIN702 with $$_JOB

§ 77.500 Electric power circuits and
electric equipment; deenergization.
Power circuits and electric equipment shall be deenergized before work
is done on such circuits and equipment,
except when necessary for troubleshooting or testing.
§ 77.501 Electric distribution circuits
and equipment; repair.
No electrical work shall be performed
on electric distribution circuits or
equipment, except by a qualified per-

son or by a person trained to perform
electrical work and to maintain electrical equipment under the direct supervision of a qualified person. Disconnecting devices shall be locked out
and suitably tagged by the persons who
perform such work, except that in
cases where locking out is not possible,
such devices shall be opened and suitably tagged by such persons. Locks or
tags shall be removed only by the persons who installed them or, if such persons are unavailable, by persons authorized by the operator or his agent.
§ 77.501–1

Qualified person.

A qualified person within the meaning of § 77.501 is an individual who
meets the requirements of § 77.103.
§ 77.502 Electric equipment; examination, testing, and maintenance.
Electric equipment shall be frequently examined, tested, and properly
maintained by a qualified person to assure safe operating conditions. When a
potentially dangerous condition is
found on electric equipment, such
equipment shall be removed from service until such condition is corrected. A
record of such examinations shall be
kept.
§ 77.502–1

Qualified person.

A qualified person within the meaning of § 77.502 is an individual who
meets the requirements of § 77.103.
§ 77.502–2 Electric
equipment;
frequency of examination and testing.
The examinations and tests required
under the provision of this § 77.502 shall
be conducted at least monthly.
§ 77.503 Electric conductors; capacity
and insulation.
Electric conductors shall be sufficient in size and have adequate current
carrying capacity and be of such construction that a rise in temperature resulting from normal operation will not
damage the insulating materials.
§ 77.503–1

Electric conductors.

Electric conductors shall be sufficient in size to meet the minimum current carrying capacity provided for in
the National Electric Code, 1968. All

702

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00712

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.513

trailing cables shall meet the minimum requirements for ampacity provided in the standards of the Insulated
Power Cable Engineers Association—
National Electric Manufacturers Association in effect when such cables are
purchased.

resters which are adequately installed
and connected to a low resistance
grounding medium.

§ 77.504 Electrical
connections
splices; suitability.

or

Electrical connections or splices in
electric conductors shall be mechanically and electrically efficient, and
suitable connectors shall be used. All
electrical connections or splices in insulated wire shall be reinsulated at
least to the same degree of protection
as the remainder of the wire.
§ 77.505

Cable fittings; suitability.

Cables shall enter metal frames of
motors, splice boxes, and electric compartments only through proper fittings. When insulated wires, other than
cables, pass through metal frames, the
holes shall be substantially bushed
with insulated bushings.
§ 77.506 Electric equipment and circuits; overload and short-circuit
protection.
Automatic circuit-breaking devices
or fuses of the correct type and capacity shall be installed so as to protect
all electric equipment and circuits
against short circuit and overloads.
§ 77.506–1 Electric equipment and circuits; overload and short circuit
protection; minimum requirements.
Devices providing either short circuit
protection or protection against overload shall conform to the minimum requirements for protection of electric
circuits and equipment of the National
Electric Code, 1968.
§ 77.507

Electric equipment; switches.

kpayne on VMOFRWIN702 with $$_JOB

All electric equipment shall be provided with switches or other controls
that are safely designed, constructed,
and installed.
§ 77.508 Lightning
arresters,
ungrounded and exposed power
conductors and telephone wires.
All ungrounded, exposed power conductors and telephone wires shall be
equipped with suitable lightning ar-

§ 77.508–1 Lightning arresters; wires
entering buildings.
Lightning arresters protecting exposed telephone wires entering buildings shall be provided at the point
where each such telephone wire enters
the building.
§ 77.509 Transformers; installation and
guarding.
(a) Transformers shall be of the totally enclosed type, or shall be placed
at least 8 feet above the ground, or installed in a transformer house, or surrounded by a substantial fence at least
6 feet high and at least 3 feet from any
energized parts, casings, or wiring.
(b) Transformer stations shall be enclosed to prevent persons from unintentionally or inadvertently contacting energized parts.
(c) Transformer enclosures shall be
kept locked against unauthorized
entry.
§ 77.510 Resistors; location and guarding.
Resistors, heaters, and rheostats
shall be located so as to minimize fire
hazards and, where necessary, provided
with guards to prevent personal contact.
§ 77.511 Danger signs at electrical installations.
Suitable danger signs shall be posted
at all major electrical installations.
§ 77.512 Inspection and cover plates.
Inspection and cover plates on electrical equipment shall be kept in place
at all times except during testing or repairs.
§ 77.513 Insulating mats at power
switches.
Dry wooden platforms, insulating
mats, or other electrically nonconductive material shall be kept in place at
all switchboards and power-control
switches where shock hazards exist.
However, metal plates on which a person normally would stand and which
are kept at the same potential as the
grounded, metal, non-current-carrying

703

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00713

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.514

30 CFR Ch. I (7–1–19 Edition)

parts of the power switches to be operated may be used.
§ 77.514 Switchboards;
and clearance.

passageways

Switchboards shall be installed to
provide passageways or lanes of travel
which permit access to the back of the
switchboard from both ends for inspection, adjustment or repair. Openings
permitting access to the rear of any
switchboard shall be guarded, except
where they are located in buildings
which are kept locked.
§ 77.515 Bare signal or control wires;
voltage.
The voltage on bare signal or control
wires accessible to personal contact
shall not exceed 40 volts.
§ 77.516 Electric wiring and equipment; installation and maintenance.
In addition to the requirements of
§§ 77.503 and 77.506, all wiring and electrical equipment installed after June
30, 1971, shall meet the requirements of
the National Electric Code in effect at
the time of installation.

Subpart G—Trailing Cables
§ 77.600 Trailing cables; short-circuit
protection; disconnecting devices.
Short-circuit protection for trailing
cables shall be provided by an automatic circuit breaker or other no less
effective device, approved by the Secretary, of adequate current-interrupting capacity in each ungrounded
conductor. Disconnecting devices used
to disconnect power from trailing cables shall be plainly marked and identified and such devices shall be
equipped or designed in such a manner
that it can be determined by visual observation that the power is disconnected.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.601 Trailing cables or portable cables; temporary splices.
Temporary splices in trailing cables
or portable cables shall be made in a
workmanlike manner and shall be mechanically strong and well insulated.
Trailing cables or portable cables with
exposed wires or splices that heat or
spark under load shall not be used.

§ 77.602 Permanent splicing of trailing
cables.
When permanent splices in trailing
cables are made, they shall be:
(a) Mechanically strong with adequate electrical conductivity;
(b) Effectively insulated and sealed
so as to exclude moisture; and,
(c) Vulcanized or otherwise made
with suitable materials to provide good
bonding to the outer jacket.
§ 77.603 Clamping of trailing cables to
equipment.
Trailing cables shall be clamped to
machines in a manner to protect the
cables from damage and to prevent
strain on the electrical connections.
§ 77.604 Protection of trailing cables.
Trailing cables shall be adequately
protected to prevent damage by mobile
equipment.
§ 77.605 Breaking trailing cable and
power cable connections.
Trailing cable and power cable connections between cables and to power
sources shall not be made or broken
under load.
§ 77.606 Energized trailing cables; handling.
Energized medium- and high-voltage
trailing cables shall be handled only by
persons wearing protective rubber
gloves (see § 77.606–1) and, with such
other protective devices as may be necessary and appropriate under the circumstances.
§ 77.606–1 Rubber gloves; minimum requirements.
(a) Rubber gloves (lineman’s gloves)
worn while handling high-voltage trailing cables shall be rated at least 20,000
volts and shall be used and tested in
accordance with the provisions of
§§ 77.704–6 through 77.704–8.
(b) Rubber gloves (wireman’s gloves)
worn while handling trailing cables energized by 660 to 1,000 volts shall be
rated at least 1,000 volts and shall not
be worn inside out or without protective leather gloves.
(c) Rubber gloves shall be inspected
for defects before use on each shift and
at least once thereafter during the
shift when such rubber gloves are used

704

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00714

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.701–3

for extended periods. All protective
rubber gloves which contain defects
shall be discarded and replaced prior to
handling energized cables.

equipment
receiving
power
from
ungrounded alternating current power
systems, the following methods of
grounding will be approved:
(a) A solid connection between the
metallic frame; casing, or other metal
enclosure and the grounded metallic
sheath, armor, or conduit enclosing the
power conductor feeding the electric
equipment enclosed;
(b) A solid connection to metal
waterlines having low resistance to
earth;
(c) A solid connection to a grounding
conductor extending to a low-resistance ground field; and,
(d) Any other method of grounding,
approved by an authorized representative of the Secretary, which insures
that there is no difference in potential
between such metal enclosures and the
earth.

Subpart H—Grounding
§ 77.700 Grounding metallic sheaths,
armors, and conduits enclosing
power conductors.
Metallic sheaths, armors, and conduits enclosing power conductors shall
be electrically continuous throughout
and shall be grounded by methods approved by an authorized representative
of the Secretary.
§ 77.700–1 Approved
grounding.

methods

of

Metallic sheaths, armors, and conduits in resistance grounded systems,
where the enclosed conductors are a
part of the system, will be approved if
a solid connection is made to the neutral conductor; in all other systems,
the following methods of grounding
will be approved:
(a) A solid connection to metal
waterlines having low resistance to
earth;
(b) A solid connection to a grounding
conductor, other than the neutral conductor of a resistance grounded system, extending to a low-resistance
ground field;
(c) Any other method of grounding,
approved by an authorized representative of the Secretary, which ensures
that there is no difference in potential
between such metallic enclosures and
the earth.
§ 77.701 Grounding metallic frames,
casings, and other enclosures of
electric equipment.

kpayne on VMOFRWIN702 with $$_JOB

Metallic frames, casings, and other
enclosures of electric equipment that
can become ‘‘alive’’ through failure of
insulation or by contact with energized
parts shall be grounded by methods approved by an authorized representative
of the Secretary.
§ 77.701–1 Approved
methods
of
grounding of equipment receiving
power from ungrounded alternating
current power systems.
For purposes of grounding metallic
frames, casings and other enclosures of

§ 77.701–2 Approved
methods
of
grounding metallic frames, casings,
and other enclosures of electric
equipment receiving power from a
direct-current power system.
(a) The following methods of grounding metallic frames, casings, and other
enclosures of electric equipment receiving power from a direct-current
power system with one polarity
grounded will be approved:
(1) A solid connection to the grounded power conductor of the system; and,
(2) Any other method, approved by an
authorized representative of the Secretary, which insures that there is no
difference in potential between such
metal enclosures and the earth.
(b) A method of grounding of metallic
frames, casings, and other enclosures
of electric equipment receiving power
from a direct-current power system
other than a system with one polarity
grounded, will be approved by an authorized representative of the Secretary if the method insures that there
is no difference in potential between
such frames, casings, and other enclosures, and the earth.
§ 77.701–3

Grounding wires; capacity.

Where grounding wires are used to
ground metallic sheaths, armors, conduits, frames, casings, and other metallic enclosures, such grounding wires
will be approved if:

705

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00715

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.701–4

30 CFR Ch. I (7–1–19 Edition)

(a) Where the power conductor used
is No. 6 A.W.G., or larger, the cross-sectional area of the grounding wire is at
least one-half the cross-sectional area
of the power conductor.
(b) Where the power conductor used
is less than No. 6 A.W.G., the cross-sectional area of the grounding wire is
equal to the cross-sectional area of the
power conductor.
§ 77.701–4
tors.

Use of grounding connec-

If ground wires are attached to
grounded power conductors, separate
clamps, suitable for such purpose, shall
be used and installed to provide a solid
connection.
§ 77.702 Protection other than grounding.
Methods other than grounding which
provide no less effective protection
may be permitted by the Secretary or
his authorized representative. Such
methods may not be used unless so approved.
§ 77.703 Grounding frames of stationary high-voltage equipment receiving power from ungrounded
delta systems.
The frames of all stationary highvoltage equipment receiving power
from ungrounded delta systems shall
be grounded by methods approved by
an authorized representative of the
Secretary.
§ 77.703–1 Approved
grounding.

methods

of

The methods of grounding stated in
§ 77.701–1 will be approved with respect
to the grounding of frames of highvoltage equipment referred to in
§ 77.703.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.704 Work on high-voltage lines;
deenergizing and grounding.
High-voltage lines shall be deenergized and grounded before work is performed on them, except that repairs
may be permitted on energized highvoltage lines if (a) such repairs are
made by a qualified person in accordance with procedures and safeguards
set forth in §§ 77.704–1 through 77.704–11
of this Subpart H as applicable, and (b)
the operator has tested and properly

maintained the protective devices necessary in making such repairs.
§ 77.704–1

Work on high-voltage lines.

(a) No high-voltage line shall be regarded as deenergized for the purpose
of performing work on it, until it has
been determined by a qualified person
(as provided in § 77.103) that such highvoltage line has been deenergized and
grounded. Such qualified person shall
by visual observation (1) determine
that the disconnecting devices on the
high-voltage circuit are in open position, and (2) insure that each
ungrounded conductor of the high-voltage circuit upon which work is to be
done is properly connected to the system grounding medium. In the case of
resistance grounded or solid wye-connected systems, the neutral wire is the
system grounding medium. In the case
of an ungrounded power system, either
the steel armor or conduit enclosing
the system or a surface grounding field
is a system grounding medium;
(b) No work shall be performed on
any high-voltage line which is supported by any pole or structure which
also supports other high-voltage lines
until: (1) All lines supported on the
pole or structure are deenergized and
grounded in accordance with all of the
provisions of this § 77.704–1 which apply
to the repair of deenergized surface
high-voltage lines; or (2) the provisions
of §§ 77.704–2 through 77.704–10 have been
complied with, with respect to all energized lines, which are supported on the
pole or structure.
(c) Work may be performed on energized surface high-voltage lines only in
accordance with the provisions of
§§ 77.704–2 through 77.704–10, inclusive.
§ 77.704–2 Repairs to energized highvoltage lines.
An energized high-voltage line may
be repaired only when:
(a) The operator has determined that,
(1) Such repairs cannot be scheduled
during a period when the power circuit
could be properly deenergized and
grounded;
(2) Such repairs will be performed on
power circuits with a phase-to-phase
nominal voltage no greater than 15,000
volts;

706

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00716

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.704–8

(3) Such repairs on circuits with a
phase-to-phase nominal voltage of 5,000
volts or more will be performed only
with the use of live line tools; and,
(4) Weather conditions will not interfere with such repairs or expose those
persons assigned to such work to an
imminent danger; and,
(b) The operator has designated a
person qualified under the provisions of
§ 77.104 as the person responsible for
carrying out such repairs and such person, in order to ensure protection for
himself and other qualified persons assigned to perform such repairs from the
hazards of such repair, has prepared
and filed with the operator:
(1) A general description of the nature and location of the damage or defect to be repaired;
(2) The general plan to be followed in
making such repairs;
(3) A statement that a briefing of all
qualified persons assigned to make
such repairs was conducted informing
them of the general plan, their individual assignments, and the dangers inherent in such assignments;
(4) A list of the proper protective
equipment and clothing that will be
provided; and
(5) Such other information as the
person designated by the operator feels
necessary to describe properly the
means or methods to be employed in
such repairs.

work on different phases or on equipment with different potentials.

§ 77.704–3 Work on energized highvoltage surface lines; reporting.
Any operator designating and assigning qualified persons to perform repairs
on energized high-voltage surface lines
under the provisions of § 77.704–2 shall
maintain a record of such repairs. Such
record shall contain a notation of the
time, date, location, and general nature of the repairs made together with
a copy of the information filed with the
operator by the qualified person designated as responsible for performing
such repairs.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.704–4

Simultaneous repairs.

When two or more persons are working on an energized high-voltage surface line simultaneously, and any one
of them is within reach of another,
such persons shall not be allowed to

§ 77.704–5 Installation of protective
equipment.
Before repair work on energized highvoltage surface lines is begun, protective equipment shall be used to cover
all bare conductors, ground wires,
guys, telephone lines, and other attachments in proximity to the area of
planned repairs. Such protective equipment shall be installed from a safe position below the conductors or other
apparatus being covered. Each rubber
protective device employed in the making of repairs shall have a dielectric
strength of 20,000 volts, or more.
§ 77.704–6 Protective clothing; use and
inspection.
All persons performing work on energized high-voltage surface lines shall
wear protective rubber lineman’s
gloves, sleeves, and climber guards if
climbers are worn. Protective rubber
gloves shall not be worn wrong side out
or without protective leather gloves.
Protective devices worn by a person assigned to perform repairs on high-voltage surface lines shall be worn continuously from the time he leaves the
ground until he returns to the ground
and, if such devices are employed for
extended periods, such person shall visually inspect the equipment assigned
him for defects before each use and, in
no case, less than twice each day.
§ 77.704–7 Protective equipment; inspection.
Each person shall visually inspect
protective equipment and clothing provided him in connection with work on
high-voltage surface lines before using
such equipment and clothing, and any
equipment or clothing containing any
defect or damage shall be discarded and
replaced with proper protective equipment or clothing prior to the performance of any electrical work on such
lines.
§ 77.704–8 Protective equipment; testing and storage.
(a) All rubber protective equipment
used on work on energized high-voltage
surface lines shall be electrically tested by the operator in accordance with

707

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00717

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.704–9

30 CFR Ch. I (7–1–19 Edition)

ASTM standards, Part 28, published
February 1968, and such testing shall be
conducted in accordance with the following schedule:
(1) Rubber gloves, once each month;
(2) Rubber sleeves, once every 3
months;
(3) Rubber blankets, once every 6
months;
(4) Insulator hoods and line hose,
once a year; and
(5) Other electric protective equipment, once a year.
(b) Rubber gloves shall not be stored
wrong side out. Blankets shall be rolled
when not in use, and line hose, and insulator hoods shall be stored in their
natural position and shape.
§ 77.704–9 Operating disconnecting or
cutout switches.
Disconnecting or cutout switches on
energized high-voltage surface lines
shall be operated only with insulated
sticks, fuse tongs, or pullers which are
adequately insulated and maintained
to protect the operator from the voltage to which he is exposed. When such
switches are operated from the ground,
the person using such devices shall
wear protective rubber lineman’s
gloves, except where such switches are
bonded to a metal mat as provided in
§ 77.513.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.704–10 Tying into energized highvoltage surface circuits.
If the work of forming an additional
circuit by tying into an energized highvoltage surface line is performed from
the ground, any person performing
such work must wear and employ all of
the protective equipment and clothing
required under the provisions of
§§ 77.704–5 and 77.704–6. In addition, the
insulated stick used by such person
must have been designed for such purpose and must be adequately insulated
and be maintained to protect such person from the voltage to which he is exposed.
§ 77.704–11 Use of grounded messenger
wires; ungrounded systems.
Solely for purposes of grounding
ungrounded high-voltage power systems, grounded messenger wires used
to suspend the cables of such systems
may be used as a grounding medium.

§ 77.705

Guy wires; grounding.

Guy wires from poles supporting
high-voltage transmission lines shall
be securely connected to the system
ground or be provided with insulators
installed near the pole end.

Subpart I—Surface High-Voltage
Distribution
§ 77.800 High-voltage circuits; circuit
breakers.
High-voltage
circuits
supplying
power to portable or mobile equipment
shall be protected by suitable circuit
breakers of adequate interrupting capacity which are properly tested and
maintained and equipped with devices
to provide protection against under
voltage, grounded phase, short circuit
and overcurrent. High-voltage circuits
supplying power to stationary equipment shall be protected against overloads by either a circuit breaker or
fuses of the correct type and capacity.
§ 77.800–1 Testing, examination, and
maintenance of circuit breakers;
procedures.
(a) Circuit breakers and their auxiliary devices protecting high-voltage
circuits to portable or mobile equipment shall be tested and examined at
least once each month by a person
qualified as provided in § 77.103.
(b) Tests shall include:
(1) Breaking continuity of the ground
check conductor where ground check
monitoring is used; and,
(2) Actuating any of the auxiliary
protective relays.
(c) Examination shall include visual
observation of all components of the
circuit breaker and its auxiliary devices, and such repairs or adjustments
as are indicated by such tests and examinations shall be carried out immediately.
§ 77.800–2 Testing, examination, and
maintenance of circuit breakers;
record.
The operator shall maintain a written record of each test, examination,
repair, or adjustment of all circuit
breakers protecting high-voltage circuits. Such record shall be kept in a
book approved by the Secretary.

708

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00718

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor
§ 77.801

Grounding resistors.

The grounding resistor, where required, shall be of the proper ohmic
value to limit the voltage drop in the
grounding circuit external to the resistor to not more than 100 volts under
fault conditions. The grounding resistor shall be rated for maximum fault
current continuously and insulated
from ground for a voltage equal to the
phase-to-phase voltage of the system.
§ 77.801–1 Grounding resistors; continuous current rating.
The ground fault current rating of
grounding resistors shall meet the
‘‘extended time rating’’ set forth in
American Institute of Electrical Engineers, Standard No. 32.
§ 77.802 Protection of high-voltage circuits; neutral grounding resistors;
disconnecting devices.
High-voltage circuits supplying portable or mobile equipment shall contain
either a direct or derived neutral which
shall be grounded through a suitable
resistor at the source transformers,
and a grounding circuit, originating at
the grounded side of the grounding resistor, shall extend along with the
power conductors and serve as a
grounding conductor for the frames of
all high-voltage equipment supplied
power from that circuit, except that
the Secretary or his authorized representative may permit other highvoltage circuits to feed stationary electrical equipment, if he finds that such
exception will not pose a hazard to the
miners. Disconnecting devices shall be
installed and so equipped or designed in
such a manner that it can be determined by visual observation that the
power is disconnected.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.803 Fail safe ground check circuits on high-voltage resistance
grounded systems.
On and after September 30, 1971, all
high-voltage, resistance grounded systems shall include a fail safe ground
check circuit or other no less effective
device approved by the Secretary to
monitor continuously the grounding
circuit to assure continuity. The fail
safe ground check circuit shall cause
the circuit breaker to open when either

§ 77.805
the ground or ground check wire is broken.
§ 77.803–1 Fail safe ground check circuits; maximum voltage.
The maximum voltage used for
ground check circuits under § 77.803
shall not exceed 96 volts.
§ 77.803–2 Ground check systems not
employing pilot check wires; approval by the Secretary.
Ground check systems not employing
pilot check wires shall be approved by
the Secretary only if it is determined
that the system includes a fail safe design which will cause the circuit interrupter to open when ground continuity
is broken.
§ 77.804 High-voltage trailing cables;
minimum design requirements.
(a) High-voltage trailing cables used
in resistance grounded systems shall be
equipped with metallic shields around
each power conductor with one or more
ground conductors having a total
cross-sectional area of not less than
one-half the power conductor, and with
an insulated conductor for the ground
continuity check circuit. External
ground check conductors may be used
if they are not smaller than No. 8
(AWG) and have an insulation rated at
least 600 volts.
(b) All such high-voltage trailing cables shall be adequate for the intended
current and voltage. Splices made in
such cables shall provide continuity of
all components.
§ 77.805 Cable couplers and connection
boxes; minimum design requirements.
(a)(1) Couplers that are used in
medium- or high-voltage power circuits
shall be of the three-phase type and enclosed in a full metallic shell, except
that the Secretary may permit, under
such guidelines as he may prescribe, no
less effective couplers constructed of
materials other than metal.
(2) Cable couplers shall be adequate
for the intended current and voltage.
(3) Cable couplers with any metal exposed shall be grounded to the ground
conductor in the cable.

709

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00719

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.806

30 CFR Ch. I (7–1–19 Edition)

(4) Couplers shall be constructed to
cause the ground check continuity conductor to break first and the ground
conductor last when being uncoupled
when pilot check circuits are used.
(b) Cable connection boxes shall be of
substantial construction and designed
to guard all energized parts from personal contact.
§ 77.806 Connection
loads.

of

single-phase

Single-phase loads, such as transformer primaries, shall be connected
phase to phase in resistance grounded
systems.
§ 77.807 Installation of
transmission cables.

high-voltage

High-voltage
transmission
cables
shall be installed or placed so as to afford protection against damage. They
shall be placed to prevent contact with
low-voltage or communication circuits.
§ 77.807–1 High-voltage
powerlines;
clearances above ground.
High-voltage
powerlines
located
above driveways, haulageways, and
railroad tracks shall be installed to
provide the minimum vertical clearance specified in National Electrical
Safety Code: Provided, however, That in
no event shall any high-voltage
powerline be installed less than 15 feet
above ground.
§ 77.807–2 Booms and masts; minimum
distance from high-voltage lines.
The booms and masts of equipment
operated on the surface of any coal
mine shall not be operated within 10
feet
of
an
energized
overhead
powerline. Where the voltage of overhead powerlines is 69,000 volts, or more,
the minimum distance from the boom
or mast shall be as follows:

kpayne on VMOFRWIN702 with $$_JOB

Nominal power line voltage (in 1,000 volts)
69 to 114 .............................................................
115 to 229 ...........................................................
230 to 344 ...........................................................
345 to 499 ...........................................................
500 or more .........................................................

Minimum
distance
(feet)
12
15
20
25
35

§ 77.807–3 Movement of equipment;
minimum distance from high-voltage lines.
When any part of any equipment operated on the surface of any coal mine
is required to pass under or by any energized high-voltage powerline and the
clearance between such equipment and
powerline is less than that specified in
§ 77.807–2 for booms and masts, such
powerlines shall be deenergized or
other precautions shall be taken.
§ 77.808 Disconnecting devices.
Disconnecting devices shall be installed at the beginning of each branch
line in high-voltage circuits and they
shall be equipped or designed in such a
manner that it can be determined by
visual observation that the circuit is
deenergized when such devices are
open.
§ 77.809 Identification of circuit breakers and disconnecting switches.
Circuit breakers and disconnecting
switches shall be labeled to show which
units they control, unless identification can be made readily by location.
§ 77.810 High-voltage
equipment;
grounding.
Frames, supporting structures, and
enclosures of stationary, portable, or
mobile high-voltage equipment shall be
effectively grounded.
§ 77.811 Movement of portable substations and transformers.
Portable substations and transformers shall be deenergized before
they are moved from one location to
another.

Subpart J—Low- and MediumVoltage Alternating Current
Circuits
§ 77.900 Low- and medium-voltage circuits serving portable or mobile
three-phase
alternating
current
equipment; circuit breakers.
Low- and medium-voltage circuits
supplying power to portable or mobile
three-phase alternating current equipment shall be protected by suitable circuit breakers of adequate interrupting
capacity which are properly tested and
maintained and equipped with devices

710

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00720

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.902–3

to provide protection against undervoltage, grounded phase, short circuit,
and over-current.

and provide insulation from ground for
a voltage equal to the phase-to-phase
voltage of the system.
(c) Low- and medium-voltage circuits
supplying power to three-phase alternating current stationary electric
equipment shall comply with the National Electric Code.

§ 77.900–1 Testing, examination, and
maintenance of circuit breakers;
procedures.
Circuit breakers protecting low- and
medium-voltage circuits serving portable or mobile three-phase alternating
current equipment and their auxiliary
devices shall be tested and examined at
least once each month by a person
qualified as provided in § 77.103. In performing such tests, the circuit breaker
auxiliaries or control circuits shall be
actuated in any manner which causes
the circuit breaker to open. All components of the circuit breaker and its
auxiliary devices shall be visually examined and such repairs or adjustments as are indicated by such tests
and examinations shall be carried out
immediately.
§ 77.900–2 Testing, examination, and
maintenance of circuit breakers;
record.
The operator shall maintain a written record of each test, examination,
repair or adjustment of all circuit
breakers protecting low- and mediumvoltage circuits serving three-phase alternating current equipment and such
record shall be kept in a book approved
by the Secretary.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.901 Protection of low- and medium-voltage three-phase circuits.
(a) Low- and medium-voltage circuits
supplying power to portable or mobile
three-phase
alternating
equipment
shall contain:
(1) Either a direct or derived neutral
grounded through a suitable resistor at
the power source;
(2) A grounding circuit originating at
the grounded side of the grounding resistor which extends along with the
power conductors and serves as a
grounding conductor for the frames of
all the electric equipment supplied
power from the circuit.
(b) Grounding resistors, where required, shall be of an ohmic value
which limits the ground fault current
to no more than 25 amperes. Such
grounding resistors shall be rated for
maximum fault current continuously

§ 77.901–1 Grounding resistor; continuous current rating.
The ground fault current rating of
grounding resistors shall meet the
‘‘extended time rating’’ set forth in
American Institute of Electrical Engineers Standard No. 32.
§ 77.902 Lowand
medium-voltage
ground check monitor circuits.
On and after September 30, 1971,
three-phase low- and medium-voltage
resistance grounded systems to portable and mobile equipment shall include a fail safe ground check circuit
or other no less effective device approved by the Secretary to monitor
continuously the grounding circuit to
assure continuity. The fail safe ground
check circuit shall cause the circuit
breaker to open when either the ground
or pilot check wire is broken. Cable
couplers shall be constructed to cause
the ground check continuity conductor
to break first and the ground conductor last when being uncoupled when
pilot check circuits are used.
§ 77.902–1 Fail safe ground check circuits; maximum voltage.
The maximum voltage used for
ground check circuits under § 77.902
shall not exceed 40 volts.
§ 77.902–2 Approved ground check systems not employing pilot check
wires.
Ground check systems not employing
pilot check wires shall be approved by
the Secretary only after it has been determined that the system includes a
fail safe design causing the circuit
breaker to open when ground continuity is broken.
§ 77.902–3 Attachment of ground conductors and ground check wires to
equipment frames; use of separate
connections.
In grounding the frames of stationary, portable, or mobile equipment

711

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00721

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.903

30 CFR Ch. I (7–1–19 Edition)

receiving
power
from
resistance
grounded systems, separate connections shall be used.
§ 77.903 Disconnecting devices.
Disconnecting devices shall be installed in circuits supplying power to
portable or mobile equipment and shall
provide visual evidence that the power
is disconnected.
§ 77.904 Identification of circuit breakers.
Circuit breakers shall be labeled to
show which circuits they control unless identification can be made readily
by location.
§ 77.905 Connection of single-phase
loads.
Single-phase loads shall be connected
phase-to-phase in resistance grounded
systems.
§ 77.906 Trailing
cables
supplying
power to low-voltage mobile equipment; ground wires and ground
check wires.
On and after September 30, 1971, all
trailing cables supplying power to portable or mobile equipment from lowvoltage three-phase resistance grounded power systems shall contain one or
more ground conductors having a
cross-sectional area of not less than
one-half the power conductor. Such
trailing cables shall include an insulated conductor for the ground continuity check circuit except where a no
less effective device has been approved
by the Secretary to assure continuity.
Splices made in low-voltage trailing
cables shall provide continuity of all
components.

kpayne on VMOFRWIN702 with $$_JOB

Subpart K—Ground Control
§ 77.1000 Highwalls, pits and spoil
banks; plans.
Each operator shall establish and follow a ground control plan for the safe
control of all highwalls, pits and spoil
banks to be developed after June 30,
1971, which shall be consistent with
prudent engineering design and will insure safe working conditions. The mining methods employed by the operator
shall be selected to insure highwall and
spoil bank stability.

§ 77.1000–1 Filing of plan.
The operator shall file a copy of such
plan, and revisions thereof, with the
MSHA Coal Mine Safety and Health
district office for the district in which
the mine is located, and shall identify
the name and location of the mine; the
Mine Safety and Health Administration identification number if known;
and the name and address of the mine
operator.
(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C.
3501 et seq.))
[36 FR 9364, May 22, 1971, as amended at 60
FR 33723, June 29, 1995; 71 FR 16669, Apr. 3,
2006]

§ 77.1001 Stripping; loose material.
Loose hazardous material shall be
stripped for a safe distance from the
top of pit or highwalls, and the loose
unconsolidated material shall be sloped
to the angle of repose, or barriers, baffle boards, screens, or other devices be
provided that afford equivalent protection.
§ 77.1002 Box cuts; spoil material
placement.
When box cuts are made, necessary
precautions shall be taken to minimize
the possibility of spoil material rolling
into the pit.
§ 77.1003 Benches.
To insure safe operation, the width
and height of benches shall be governed
by the type of equipment to be used
and the operation to be performed.
§ 77.1004 Ground control; inspection
and maintenance; general.
(a) Highwalls, banks, benches, and
terrain sloping into the working areas
shall be examined after every rain,
freeze, or thaw before men work in
such areas, and such examination shall
be made and recorded in accordance
with § 77.1713.
(b) Overhanging highwalls and banks
shall be taken down and other unsafe
ground conditions shall be corrected
promptly, or the area shall be posted.
§ 77.1005 Scaling highwalls; general.
(a) Hazardous areas shall be scaled
before any other work is performed in
the hazardous area. When scaling of

712

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00722

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.1100

highwalls is necessary to correct conditions that are hazardous to persons in
the area, a safe means shall be provided
for performing such work.
(b) Whenever it becomes necessary
for safety to remove hazardous material from highwalls by hand, the hazardous material shall be approached
from a safe direction and the material
removed from a safe location.

safe platform is provided and safety
belts are used.
(d) Drill crews and others shall stay
clear of augers or drill stems that are
in motion. Persons shall not pass under
or step over a moving stem or auger.
(e) In the event of power failure, drill
controls shall be placed in the neutral
position until power is restored.
(f) When churn drills or vertical rotary drills are used, drillers shall not
be permitted to work under suspended
tools, and when collaring holes, inspecting, or during any operation in
which tools are removed from the hole,
all tools shall be lowered to the ground
or platform.

§ 77.1006 Highwalls; men working.
(a) Men, other than those necessary
to correct unsafe conditions, shall not
work
near
or
under
dangerous
highwalls or banks.
(b) Except as provided in paragraph
(c) of this section, men shall not work
between equipment and the highwall or
spoil bank where the equipment may
hinder escape from falls or slides.
(c) Special safety precautions shall
be taken when men are required to perform repair work between immobilized
equipment and the highwall or spoil
bank and such equipment may hinder
escape from falls or slides.
§ 77.1007 Drilling; general.
(a) Equipment that is to be used during a shift shall be inspected each shift
by a competent person. Equipment defects affecting safety shall be reported.
(b) Equipment defects affecting safety shall be corrected before the equipment is used.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.1008 Relocation of drills; safeguards.
(a) When a drill is being moved from
one drilling area to another, drill steel,
tools, and other equipment shall be secured and the mast placed in a safe position.
(b) When a drill helper is used his location shall be made known to the operator at all times when the drill is
being moved.
§ 77.1009 Drill; operation.
(a) While in operation drills shall be
attended at all times.
(b) Men shall not drill from positions
that hinder their access to the control
levers, or from insecure footing or
staging, or from atop equipment not
designed for this purpose.
(c) Men shall not be on a mast while
the drill bit is in operation unless a

§ 77.1010

Collaring holes.

(a) Starter steels shall be used when
collaring holes with hand-held drills.
(b) Men shall not hold the drill steel
while collaring holes, or rest their
hands on the chuck or centralizer while
drilling.
§ 77.1011

Drill holes; guarding.

Drill holes large enough to constitute
a hazard shall be covered or guarded.
§ 77.1012 Jackhammers;
safeguards.

Men operating or working near jackhammers or jackleg drills, or other
drilling machines shall position themselves so that they will not be struck
or lose their balance if the drill steel
breaks or sticks.
§ 77.1013

Air drills; safeguards.

Air shall be turned off and bled from
the air hoses before hand-held air drills
are moved from one working area to
another.

Subpart L—Fire Protection
§ 77.1100 Fire protection; training and
organization.
Firefighting facilities and equipment
shall be provided commensurate with
the potential fire hazards at each
structure, enclosure and other facility
(including custom coal preparation) at
the mine and the employees at such facilities shall be instructed and trained
annually in the use of such firefighting
facilities and equipment.

713

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00723

Fmt 8010

operation;

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.1101
§ 77.1101

30 CFR Ch. I (7–1–19 Edition)
Escape and evacuation; plan.

(a) Before September 30, 1971, each
operator of a mine shall establish and
keep current a specific escape and
evacuation plan to be followed in the
event of a fire.
(b) All employees shall be instructed
on current escape and evacuation
plans, fire alarm signals, and applicable procedures to be followed in case of
fire.
(c) Plans for escape and evacuation
shall include the designation and proper maintenance of adequate means for
exit from all areas where persons are
required to work or travel including
buildings and equipment and in areas
where persons normally congregate
during the work shift.
(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C.
3501 et seq.))
[36 FR 9364, May 22, 1971, as amended at 36
FR 13143, July 15, 1971; 60 FR 33723, June 29,
1995]

§ 77.1102 Warning signs; smoking and
open flame.
Signs warning against smoking and
open flames shall be posted so they can
be readily seen in areas or places where
fire or explosion hazards exist.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.1103

Flammable liquids; storage.

(a) Flammable liquids shall be stored
in accordance with standards of the
National Fire Protection Association.
Small quantities of flammable liquids
drawn from storage shall be kept in
properly identified safety cans.
(b) Unburied flammable-liquid storage tanks shall be mounted securely on
firm foundations. Outlet piping shall be
provided with flexible connections or
other special fittings to prevent adverse effects from tank settling.
(c) Fuel lines shall be equipped with
valves to cut off fuel at the source and
shall be located and maintained to
minimize fire hazards.
(d) Areas surrounding flammable-liquid storage tanks and electric substations and transformers shall be kept
free from grass (dry), weeds, underbrush, and other combustible materials
such as trash, rubbish, leaves and
paper, for at least 25 feet in all directions.

§ 77.1104 Accumulations
tible materials.

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00724

Fmt 8010

combus-

Combustible materials, grease, lubricants, paints, or flammable liquids
shall not be allowed to accumulate
where they can create a fire hazard.
§ 77.1105 Internal combustion engines;
fueling.
Internal combustion engines, except
diesels, shall be shut off and stopped
before being fueled.
§ 77.1106 Battery-charging
ventilation.

stations;

Battery-charging stations shall be located in well-ventilated areas. Batterycharging stations shall be equipped
with reverse current protection where
such stations are connected directly to
direct current power systems.
§ 77.1107

Belt conveyors.

Belt conveyors in locations where
fire would create a hazard to personnel
shall be provided with switches to stop
the drive pulley automatically in the
event of excessive slippage.
§ 77.1108 Firefighting equipment; requirements; general.
On and after September 30, 1971, each
operator of a coal mine shall provide
an adequate supply of firefighting
equipment which is adapted to the size
and suitable for use under the conditions present on the surface at the
mine.
[36 FR 9364, May 22, 1971, as amended at 36
FR 13143, July 15, 1971]

§ 77.1108–1 Type and capacity of firefighting equipment.
Firefighting
equipment
required
under this § 77.1108 shall meet the following minimum requirements:
(a) Waterlines. Waterlines shall be capable of delivering 50 gallons of water a
minute at a nozzle pressure of 50
pounds per square inch. Where storage
tanks are used as a source of water
supply, the tanks shall be of 1,000-gallon capacity for each 1,000 tons of coal
processed (average) per shift.
(b) Fire extinguishers. Fire extinguishers shall be:
(1) Of the appropriate type for the
particular fire hazard involved;

714

VerDate Sep<11>2014

of

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.1111

(2) Adequate in number and size for
the particular fire hazard involved;
(3) Replaced immediately with fully
charged extinguishers after any discharge is made from an extinguisher;
and
(4) Approved by the Underwriter’s
Laboratories, Inc., or the Factory Mutual Research Corp., or other competent testing agency acceptable to the
Mine Safety and Health Administration.
(c) Fire hose. Fire hose and couplings
shall meet the requirements of the Underwriter’s Laboratories, Inc., or Factory Mutual Research Corp.’s specifications. Cotton or cotton-polyester jacketed hose shall be treated in accordance with the U.S. Department of Agriculture Forest Service Specification
182 for mildew resistance. The water
pressure at the hose nozzle shall not be
excessively high so as to present a hazard to the nozzle operator.

shall be equipped with at least one
portable fire extinguisher.
(2) Power shovels, draglines, and
other
large
equipment
shall
be
equipped with at least one portable fire
extinguisher; however, additional fire
extinguishers may be required by an
authorized representative of the Secretary.
(3) Auxiliary equipment such as portable drills, sweepers, and scrapers,
when operated more than 600 feet from
equipment required to have portable
fire extinguishers, shall be equipped
with at least one fire extinguisher.
(d) Fire extinguishers shall be provided at permanent electrical installations commensurate with the potential
fire hazard at such installation in accordance with the recommendations of
the National Fire Protection Association.
(e) Two portable fire extinguishers,
or the equivalent, shall be provided at
each of the following combustible liquid storage installations:
(1) Near each above ground or
unburied combustible liquid storage
station; and,
(2) Near the transfer pump of each
buried combustible liquid storage tank.
(f) Vehicles transporting explosives
and blasting agents shall be equipped
with fire protection as recommended in
Code 495, section 20, National Fire Protection Association Handbook, 12th
Edition, 1962.

kpayne on VMOFRWIN702 with $$_JOB

[36 FR 9364, May 22, 1971, as amended at 47
FR 28096, June 29, 1982]

§ 77.1109 Quantity and location of firefighting equipment.
Preparation plants, dryer plants, tipples, drawoff tunnels, shops, and other
surface installations shall be equipped
with the following firefighting equipment.
(a) Each structure presenting a fire
hazard shall be provided with portable
fire extinguishers commensurate with
the potential fire hazard at the structure in accordance with the recommendations of the National Fire
Protection Association.
(b) Preparation plants shall be
equipped with waterlines, with outlet
valves on each floor, and with sufficient fire hose to project a water
stream to any point in the plant. However, where freezing conditions exist or
water is not available, a 125-pound multipurpose dry powder extinguisher may
be substituted for the purposes of this
paragraph (b) for each 2,500 square feet
of floor space in a wooden or other
flammable structure, or for each 5,000
square feet of floor space in a metal,
concrete-block, or other type of nonflammable construction.
(c)(1) Mobile equipment, including
trucks, front-end loaders, bulldozers,
portable welding units, and augers,

§ 77.1110 Examination and maintenance of firefighting equipment.
Firefighting equipment shall be continuously maintained in a usable and
operative condition. Fire extinguishers
shall be examined at least once every 6
months and the date of such examination shall be recorded on a permanent
tag attached to the extinguisher.
(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C.
3501 et seq.))
[36 FR 9364, May 22, 1971, as amended at 60
FR 33723, June 29, 1995]

§ 77.1111 Welding, cutting, soldering;
use of fire extinguisher.
One portable fire extinguisher shall
be provided at each location where
welding, cutting, or soldering with arc
or flame is performed.

715

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00725

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.1112

30 CFR Ch. I (7–1–19 Edition)

§ 77.1112 Welding, cutting, or soldering
with arc or flame; safeguards.
(a) When welding, cutting, or soldering with arc or flame near combustible materials, suitable precautions
shall be taken to insure that smoldering metal or sparks do not result in
a fire.
(b) Before welding, cutting, or soldering is performed in areas likely to
contain methane, an examination for
methane shall be made by a qualified
person with a device approved by the
Secretary for detecting methane. Examinations for methane shall be made
immediately before and periodically
during welding, cutting, or soldering
and such work shall not be permitted
to commence or continue in air which
contains 1.0 volume per centum or
more of methane.

Subpart M—Maps

kpayne on VMOFRWIN702 with $$_JOB

§ 77.1200

Mine map.

The operator shall maintain an accurate and up-to-date map of the mine,
on a scale of not less than 100 nor more
than 500 feet to the inch, at or near the
mine, in an area chosen by the mine
operator, with a duplicate copy on file
at a separate and distinct location, to
minimize the danger of destruction by
fire or other hazard. The map shall
show:
(a) Name and address of the mine;
(b) The property or boundary lines of
the active areas of the mine;
(c) Contour lines passing through
whole number elevations of the coalbed
being mined. The spacing of such lines
shall not exceed 25-foot elevation levels, except that a broader spacing of
contour lines may be approved by the
District Manager for steeply pitching
coalbeds. Contour lines may be placed
on overlays or tracings attached to
mine maps.
(d) The general elevation of the coalbed or coalbeds being mined, and the
general elevation of the surface;
(e) Either producing or abandoned oil
and gas wells located on the mine property;
(f) The location and elevation of any
body of water dammed or held back in
any portion of the mine: Provided, however, Such bodies of water may be

shown on overlays or tracings attached
to the mine maps;
(g) All prospect drill holes that penetrate the coalbed or coalbeds being
mined on the mine property;
(h) All auger and strip mined areas of
the coalbed or coalbeds being mined on
the mine property together with the
line of maximum depth of holes drilled
during auger mining operations.
(i) All worked out and abandoned
areas;
(j) The location of railroad tracks
and public highways leading to the
mine, and mine buildings of a permanent nature with identifying names
shown;
(k) Underground mine workings underlying and within 1,000 feet of the active areas of the mine;
(l) The location and description of at
least two permanent base line points,
and the location and description of at
least two permanent elevation bench
marks used in connection with establishing or referencing mine elevation
surveys; and,
(m) The scale of the map.
§ 77.1201

Certification of mine maps.

Mine maps shall be made or certified
by an engineer or surveyor registered
by the State in which the mine is located.
§ 77.1202

Availability of mine map.

The mine map maintained in accordance with the provisions of § 77.1200
shall be available for inspection by the
Secretary or his authorized representative.

Subpart N—Explosives and
Blasting
§ 77.1300

Explosives and blasting.

(a) No explosives, blasting agent, detonator, or any other related blasting
device or material shall be stored,
transported, carried, handled, charged,
fired, destroyed, or otherwise used, employed or disposed of by any person at
a coal mine except in accordance with
the provisions of §§ 77.1301 through
77.1304, inclusive.
(b) The term ‘‘explosives’’ as used in
this Subpart N includes blasting
agents. The standards in this Subpart

716

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00726

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

Mine Safety and Health Admin., Labor

§ 77.1302

N in which the term ‘‘explosives’’ appears are applicable to blasting agents
(as well as to other explosives) unless
blasting agents are expressly excluded.

(h) Ammonium nitrate-fuel oil blasting agents shall be physically separated from other explosives, safety
fuse, or detonating cord stored in the
same magazine and in such a manner
that oil does not contaminate the
other explosives, safety fuse or detonating cord.

§ 77.1301 Explosives; magazines.
(a) Detonators and explosives other
than blasting agents shall be stored in
magazines.
(b) Detonators shall not be stored in
the same magazine with explosives.
(c) Magazines other than box type
shall be:
(1) Located in accordance with the
current American Table of Distances
for storage of explosives.
(2) Detached structures located away
from powerlines, fuel storage areas,
and other possible sources of fire.
(3) Constructed substantially of noncombustible material or covered with
fire-resistant material.
(4) Reasonably bullet resistant.
(5) Electrically bonded and grounded
if constructed of metal.
(6) Made of nonsparking materials on
the inside, including floors.
(7) Provided with adequate and effectively screened ventilation openings
near the floor and ceiling.
(8) Kept locked securely when unattended.
(9) Posted with suitable danger signs
so located that a bullet passing
through the face of a sign will not
strike the magazine.
(10) Used exclusively for storage of
explosives or detonators and kept free
of all extraneous materials.
(11) Kept clean and dry in the interior, and in good repair.
(12) Unheated, unless heated in a
manner that does not create a fire or
explosion hazard.
(d) Box-type magazines used to store
explosives or detonators in work areas
shall be constructed with only nonsparking material inside and equipped
with covers or doors and shall be located out of the line of blasts.
(e) Secondary and box-type magazines shall be suitably labeled.
(f) Detonator-storage magazines shall
be separated by at least 25 feet from explosive-storage magazines.
(g) Cases or boxes containing explosives shall not be stored in magazines
on their ends or sides nor stacked more
than 6 feet high.

§ 77.1302 Vehicles used to transport
explosives.
(a) Vehicles used to transport explosives, other than blasting agents, shall
have substantially constructed bodies,
no sparking metal exposed in the cargo
space, and shall be equipped with suitable sides and tail gates; explosives
shall not be piled higher than the side
or end.
(b) Vehicles containing explosives or
detonators shall be maintained in good
condition and shall be operated at a
safe speed and in accordance with all
safe operating practices.
(c) Vehicles containing explosives or
detonators shall be posted with proper
warning signs.
(d) Other materials or supplies shall
not be placed on or in the cargo space
of a conveyance containing explosives,
detonating cord or detonators, except
for safety fuse and except for properly
secured nonsparking equipment used
expressly in the handling of such explosives, detonating cord or detonators.
(e) Explosives and detonators shall be
transported in separate vehicles unless
separated by 4 inches of hardwood or
the equivalent.
(f) Explosives or detonators shall be
transported promptly without undue
delays in transit.
(g) Explosives or detonators shall be
transported at times and over routes
that expose a minimum number of persons.
(h) Only the necessary attendants
shall ride on or in vehicles containing
explosives or detonators.
(i) Vehicles shall be attended, whenever practical and possible, while loaded with explosives or detonators.
(j) When vehicles containing explosives or detonators are parked, the
brakes shall be set, the motive power
shut off, and the vehicles shall be
blocked securely against rolling.

717

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00727

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.1303

30 CFR Ch. I (7–1–19 Edition)

kpayne on VMOFRWIN702 with $$_JOB

(k) Vehicles containing explosives or
detonators shall not be taken to a repair garage or shop for any purpose.
§ 77.1303 Explosives, handling and use.
(a) Persons who use or handle explosives or detonators shall be experienced
men who understand the hazards involved; trainees shall do such work
only under the supervision of and in
the immediate presence of experienced
men.
(b) Blasting operations shall be under
the direct control of authorized persons.
(c) Substantial nonconductive closed
containers shall be used to carry explosives, other than blasting agents to the
blasting site.
(d) Damaged or deteriorated explosives or detonators shall be destroyed
in a safe manner.
(e) Where electric blasting is to be
performed, electric circuits to equipment in the immediate area to be
blasted shall be deenergized before explosives or detonators are brought into
the area; the power shall not be turned
on again until after the shots are fired.
(f) Explosives shall be kept separated
from detonators until charging is
started.
(g) Areas in which charged holes are
awaiting firing shall be guarded, or
barricaded and posted, or flagged
against unauthorized entry.
(h) Ample warning shall be given before blasts are fired. All persons shall
be cleared and removed from the blasting area unless suitable blasting shelters are provided to protect men endangered by concussion or flyrock from
blasting.
(i) Lead wires and blasting lines shall
not be strung across power conductors,
pipelines, railroad tracks, or within 20
feet of bare powerlines. They shall be
protected from sources of static or
other electrical contact.
(j) For the protection of underground
workers, special precautions shall be
taken when blasting in close proximity
to underground operations, and no
blasting shall be done that would be
hazardous to persons working underground.
(k) Holes shall not be drilled where
there is danger of intersecting a
charged or misfired hole.

(l) Only wooden or other nonsparking
implements shall be used to punch
holes in an explosive cartridge.
(m) Tamping poles shall be blunt and
squared at one end and made of wood,
nonsparking material, or of special
plastic acceptable to the Mine Safety
and Health Administration.
(n) Delay connectors for firing detonating cord shall be treated and handled with the same safety precautions
as blasting caps and electric detonators.
(o) Capped primers shall be made up
at the time of charging and as close to
the blasting site as conditions allow.
(p) A capped primer shall be prepared
so that the detonator is contained securely and is completely embedded
within the explosive cartridge.
(q) No tamping shall be done directly
on a capped primer.
(r) Detonating cord shall not be used
if it has been kinked, bent, or otherwise handled in such a manner that the
train of detonation may be interrupted.
(s) Fuse shall not be used if it has
been kinked, bent sharply, or handled
roughly in such a manner that the
train of deflagration may be interrupted.
(t) Blasting caps shall be crimped to
fuses only with implements designed
for that specific purpose.
(u) When firing from 1 to 15 blastholes with safety fuse ignited individually using hand-held lighters, the
fuses shall be of such lengths to provide the minimum burning time specified in the following table for a particular size round:
Number of holes in a round

1 ...........................................................................
2 to 5 ...................................................................
6 to 10 .................................................................
11 to 15 ...............................................................

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00728

Fmt 8010

2
22⁄3
31⁄3
5

In no case shall any 40-second-per-foot
safety fuse less than 36 inches long or
any 30-second-per-foot safety fuse less
than 48 inches long be used.
(v) The burning rate of the safety
fuse in use at any time shall be measured, posted in conspicuous locations,
and brought to the attention of all men
concerned with blasting.

718

VerDate Sep<11>2014

Minimum
burning
time, minutes

Sfmt 8010

Q:\30\30V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

Mine Safety and Health Admin., Labor

§ 77.1304

(w) Electric detonators of different
brands shall not be used in the same
round.
(x) Adequate priming shall be employed to guard against misfires, increased toxic fumes, and poor performance.
(y) Except when being tested with a
blasting galvanometer:
(1) Electric detonators shall be kept
shunted until they are being connected
to the blasting line or wired into a
blasting round.
(2) Wired rounds shall be kept shunted until they are being connected to
the blasting line.
(3) Blasting lines shall be kept shunted until immediately before blasting.
(z) Completely wired rounds shall be
tested with a blasting galvanometer
before connections are made to the
blasting line.
(aa) Permanent blasting lines shall
be properly supported, insulated, and
kept in good repair.
(bb) At least a 5-foot airgap shall be
provided between the blasting circuit
and the power circuit.
(cc) When instantaneous blasting is
performed, the double-trunkline or
loop system shall be used in detonating-cord blasting.
(dd) When instantaneous blasting is
performed, trunklines, in multiple-row
blasts, shall make one or more complete loops, with crossties between
loops at intervals of not over 200 feet.
(ee) All detonating cord knots shall
be tight and all connections shall be
kept at right angles to the trunklines.
(ff) Power sources shall be suitable
for the number of electrical detonators
to be fired and for the type of circuits
used.
(gg) Electric circuits from the blasting switches to the blast area shall not
be grounded.
(hh) Safety switches and blasting
switches shall be labeled, encased in
boxes, and arranged so that the covers
of the boxes cannot be closed with the
switches in the through-circuit or firing position.
(ii) Blasting switches shall be locked
in the open position, except when
closed to fire the blast. Lead wires
shall not be connected to the blasting
switch until the shot is ready to be
fired.

(jj) The key or other control to an
electrical firing device shall be entrusted only to the person designated
to fire the round or rounds.
(kk) If branch circuits are used when
blasts are fired from power circuits,
safety switches located at safe distances from the blast areas shall be
provided in addition to the main blasting switch.
(ll) Misfires shall be reported to the
proper supervisor and shall be disposed
of safely before any other work is performed in that blasting area.
(mm) When safety fuse has been used,
men shall not return to misfired holes
for at least 30 minutes.
(nn) When electric blasting caps have
been used, men shall not return to misfired holes for at least 15 minutes.
(oo) If explosives are suspected of
burning in a hole, all persons in the endangered area shall move to a safe location and no one should return to the
hole until the danger has passed, but in
no case within 1 hour.
(pp) Blasted areas shall be examined
for undetonated explosives after each
blast and undetonated explosives found
shall be disposed of safely.
(qq) Blasted areas shall not be reentered by any person after firing until
such time as concentrations of smoke,
dust, or fumes have been reduced to
safe limits.
(rr) In secondary blasting, if more
than one shot is to be fired at one time,
blasting shall be done electrically or
with detonating cord.
(ss) Unused explosives and detonators
shall be moved to a safe location as
soon as charging operations are completed.
(tt) When electric detonators are
used, charging shall be stopped immediately when the presence of static
electricity or stray currents is detected; the condition shall be remedied
before charging is resumed.
(uu) When electric detonators are
used, charging shall be suspended and
men withdrawn to a safe location upon
the approach of an electrical storm.
§ 77.1304 Blasting agents; special provisions.
(a) Sensitized ammonium nitrate
blasting agents, and the components
thereof prior to mixing, shall be mixed

719

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00729

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.1400

30 CFR Ch. I (7–1–19 Edition)

and stored in accordance with the recommendations in Bureau of Mines Information Circular 8179, ‘‘Safety Recommendations for Sensitized Ammonium Nitrate Blasting Agents,’’ or subsequent revisions.
(b) Where pneumatic loading is employed, before any type of blasting operation using blasting agents is put
into effect, an evaluation of the potential hazard of static electricity shall be
made. Adequate steps, including the
grounding and bonding of the conductive parts of pneumatic loading equipment, shall be taken to eliminate the
hazard of static electricity before
blasting agent use is commenced.
(c) Pneumatic loading equipment
shall not be grounded to waterlines,
airlines, rails, or the permanent electrical grounding systems.
(d) Hoses used in connection with
pneumatic loading machines shall be of
the semiconductive type, having a
total resistance low enough to permit
the dissipation of static electricity and
high enough to limit the flow of stray
electric currents to a safe level. Wirecountered hose shall not be used because of the potential hazard from
stray electric currents.

Subpart O—Personnel Hoisting
§ 77.1400 Personnel
vators.

hoists

and

ele-

Except as provided in § 77.1430, the
sections in this Subpart O apply only
to hoists and elevators, together with
their appurtenances, that are used for
hoisting persons.
(Sec. 101, Federal Mine Safety and Health
Act of 1977, Pub. L. 91–173 as amended by
Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811))

§ 77.1402 Rated capacity.
Hoists and elevators shall have rated
capacities consistent with the loads
handled.
(Sec. 101, Federal Mine Safety and Health
Act of 1977, Pub. L. 91–173 as amended by
Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811))
[48 FR 53241, Nov. 25, 1983]

§ 77.1402–1 Maximum load; posting.
The operator shall designate the
maximum number of men permitted to
ride on each hoist or elevator at one
time; this limit shall be posted on each
elevator and on each landing.
[36 FR 9364, May 22, 1971. Redesignated at 48
FR 53241, Nov. 25, 1983]

§ 77.1403 Daily examination of hoisting
equipment.
Hoists and elevators shall be examined daily and such examinations shall
include, but not be limited to, the following:
(a) Elevators. (1) A visual examination
of the ropes for wear, broken wires, and
corrosion, especially at excessive
strain points such as near the attachments and where the rope rests on the
sheaves;
(2) An examination of the elevator
for loose, missing or defective parts;
(b) Hoists and elevators. (1) An examination of the rope fastenings for defects;
(2) An examination of sheaves for
broken flanges, defective bearings, rope
alignment, and proper lubrication; and
(3) An examination of the automatic
controls and brakes required under
§ 77.1401.
(Sec. 101, Federal Mine Safety and Health
Act of 1977, Pub. L. 91–173 as amended by
Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811)
[48 FR 53241, Nov. 25, 1983]

[48 FR 53241, Nov. 25, 1983]

kpayne on VMOFRWIN702 with $$_JOB

§ 77.1401 Automatic
brakes.

controls

and

Hoists
and
elevators
shall
be
equipped with overspeed, overwind, and
automatic stop controls and with
brakes capable of stopping the elevator
when fully loaded.

§ 77.1404 Certifications and records of
daily examinations.
At the completion of each daily examination required by § 77.1403, the person making the examination shall certify, by signature and date, that the
examination has been made. If any unsafe condition is found during the examinations required by § 77.1403, the
person conducting the examination
shall make a record of the condition

720

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00730

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor
and the date. Certifications and records
shall be retained for one year.
(Sec. 101, Federal Mine Safety and Health
Act of 1977, Pub. L. 91–173 as amended by
Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811))
[48 FR 53241, Nov. 25, 1983, as amended at 60
FR 33723, June 29, 1995]

§ 77.1405 Operation of hoisting equipment after repairs.
Empty conveyances shall be operated
at least one round trip before hoisting
persons after any repairs.
(Sec. 101, Federal Mine Safety and Health
Act of 1977, Pub. L. 91–173 as amended by
Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811))
[48 FR 53241, Nov. 25, 1983]

WIRE ROPES
AUTHORITY: Sections 77.1430 through 77.1438
issued under sec. 101, Federal Mine Safety
and Health Act of 1977, Pub. L. 91–173 as
amended by Pub. L. 95–164, 91 Stat. 1291 (30
U.S.C. 811).
SOURCE: Sections 77.1430 through 77.1438 appear at 48 FR 53241, Nov. 25, 1983, unless otherwise noted.

§ 77.1430 Wire ropes; scope.
(a) Sections 77.1431 through 77.1438
apply to wire ropes in service used to
hoist—
(1) Persons in shafts and slopes underground;
(2) Persons with an incline hoist on
the surface; or
(3) Loads in shaft or slope development when persons work below suspended loads.
(b) These standards do not apply to
wire ropes used for elevators.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.1431 Minimum rope strength.
At installation, the nominal strength
(manufacturer’s
published
catalog
strength) of wire ropes used for hoisting shall meet the minimum rope
strength values obtained by the following formulas in which ‘‘L’’ equals
the maximum suspended rope length in
feet:
(a) Winding drum ropes (all constructions, including rotation resistant).
For rope lengths less than 3,000 feet:
Minimum
Value
=
Static
Load
(7.0¥0.001L)
For rope lengths 3,000 feet or greater:
Minimum Value = Static Load × 4.0

×

§ 77.1433
(b) Friction drum ropes.
For rope lengths less than 4,000 feet:
Minimum
Value
=
Static
Load
(7.0¥0.0005L)
For rope lengths 4,000 feet or greater:
Minimum Value = Static Load × 5.0

(c) Tail ropes (balance ropes).
Minimum Value = Weight of Rope × 7.0
[48 FR 53241, Nov. 25, 1983; 48 FR 54975, Dec.
8, 1983]

§ 77.1432 Initial measurement.
After initial rope stretch but before
visible wear occurs, the rope diameter
of newly installed wire ropes shall be
measured at least once in every third
interval of active length and the measurements averaged to establish a baseline for subsequent measurements. A
record of the measurements and the
date shall be made by the person taking the measurements. This record
shall be retained until the rope is retired from service.
[48 FR 53241, Nov. 25, 1983, as amended at 60
FR 33723, June 29, 1995]

§ 77.1433 Examinations.
(a) At least once every fourteen calendar days, each wire rope in service
shall be visually examined along its entire active length for visible structural
damage, corrosion, and improper lubrication or dressing. In addition, visual
examination for wear and broken wires
shall be made at stress points, including the area near attachments, where
the rope rests on sheaves, where the
rope leaves the drum, at drum crossovers, and at change-of-layer regions.
When any visible condition that results
in a reduction of rope strength is
present, the affected portion of the
rope shall be examined on a daily basis.
(b) Before any person is hoisted with
a newly installed wire rope or any wire
rope that has not been examined in the
previous fourteen calendar days, the
wire rope shall be examined in accordance with paragraph (a) of this section.
(c) At least once every six months,
nondestructive tests shall be conducted
of the active length of the rope, or rope
diameter
measurements
shall
be
made—
(1) Wherever wear is evident;
(2) Where the hoist rope rests on
sheaves at regular stopping points;

721

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00731

Fmt 8010

×

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.1434

30 CFR Ch. I (7–1–19 Edition)

(3) Where the hoist rope leaves the
drum at regular stopping points; and
(4) At drum crossover and change-oflayer regions.
(d) At the completion of each examination required by paragraph (a) of
this section, the person making the examination shall certify, by signature
and date, that the examination has
been made. If any condition listed in
paragraph (a) of this standard is
present, the person conducting the examination shall make a record of the
condition and the date. Certifications
and records of examinations shall be
retained for one year.
(e) The person making the measurements or nondestructive tests as required by paragraph (c) of this section
shall record the measurements or test
results and the date. This record shall
be retained until the rope is retired
from service.
[48 FR 53241, Nov. 25, 1983; 48 FR 54975, Dec.
8, 1983, 60 FR 33723, June 29, 1995]

§ 77.1434

Retirement criteria.

kpayne on VMOFRWIN702 with $$_JOB

Unless damage or deterioration is removed by cutoff, wire ropes shall be removed from service when any of the
following conditions occurs:
(a) The number of broken wires within a rope lay length, excluding filler
wires, exceeds either—
(1) Five percent of the total number
of wires; or
(2) Fifteen percent of the total number of wires within any strand;
(b) On a regular lay rope, more than
one broken wire in the valley between
strands in one rope lay length;
(c) A loss of more than one-third of
the original diameter of the outer
wires;
(d) Rope deterioriation from corrosion;
(e) Distortion of the rope structure;
(f) Heat damage from any source;
(g) Diameter reduction due to wear
that exceeds six percent of the baseline
diameter measurement; or
(h) Loss of more than ten percent of
rope strength as determined by nondestructive testing.
§ 77.1435

Load end attachments.

(a) Wire rope shall be attached to the
load by a method that develops at least

80 percent of the nominal strength of
the rope.
(b) Except for terminations where use
of other materials is a design feature,
zinc (spelter) shall be used for
socketing wire ropes. Design feature
means either the manufacturer’s original design or a design approved by a
registered professional engineer.
(c) Load end attachment methods
using splices are prohibited.
§ 77.1436 Drum end attachment.
(a) For drum end attachment, wire
rope shall be attached—
(1) Securely by clips after making
one full turn around the drum spoke;
(2) Securely by clips after making
one full turn around the shaft, if the
drum is fixed to the shaft; or
(3) By properly assembled anchor
bolts, clamps, or wedges, provided that
the attachment is a design feature of
the hoist drum. Design feature means
either the manufacturer’s original design or a design approved by a registered professional engineer.
(b) A minimum of three full turns of
wire rope shall be on the drum when
the rope is extended to its maximum
working length.
§ 77.1437 End
attachment
retermination.
Damaged or deteriorated wire rope
shall be removed by cutoff and the rope
reterminated where there is—
(a) More than one broken wire at an
attachment;
(b) Improper installation of an attachment;
(c) Slippage at an attachment; or
(d) Evidence of deterioration from
corrosion at an attachment.
§ 77.1438 End attachment replacement.
Wire rope attachments shall be replaced when cracked, deformed, or excessively worn.

Subpart P—Auger Mining
§ 77.1500 Auger mining; planning.
Auger mining shall be planned and
conducted by the operator to insure
against any hazard to underground
workings located at or near such auger
operations and all auger holes shall be
located so as to prevent:

722

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00732

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

Mine Safety and Health Admin., Labor

§ 77.1505

(a) The disruption of the ventilation
system of any active underground
mine;
(b) Inundation hazards from surface
water entering any active underground
mine;
(c) Damage to the roof and ribs of active underground workings; and
(d) Intersection of auger holes with
underground mine workings known to
contain dangerous quantities of impounded water.

auger hole in which tests for methane
or oxygen deficiency are being made.

§ 77.1501

[36 FR 9364, May 22, 1971, as amended at 71
FR 16669, Apr. 3, 2006]

Auger mining; inspections.

(a) The face of all highwalls, to a distance of 25 feet on both sides of each
drilling site, shall be inspected by a
certified person before any augering
operation is begun, and at least once
during each coal producing shift and
all loose material shall be removed
from the drilling site before persons
are permitted to enter the drilling
area. The results of all such inspections shall be recorded daily in a book
approved by the Secretary.
(b) In addition, the face of all
highwalls, to a distance of 25 feet on
both sides of each drilling site, shall be
inspected frequently by a certified person during any auger operation conducted either during or after a heavy
rainfall or during any period of intermittent freezing and thawing and the
results of such inspections shall be recorded as provided in paragraph (a) of
this section.
(c) When an auger hole penetrates an
abandoned or mined out area of an underground mine, tests for methane and
oxygen deficiency shall be made at the
collar of the hole by a qualified person
using devices approved by the Secretary to determine if dangerous quantities of methane or oxygen-deficient
air are present or being emitted. If
such is found no further work shall be
performed until the atmosphere has
been made safe.
(d) Tests for oxygen deficiency shall
be conducted with a permissible flame
safety lamp or other means approved
by the Secretary and all tests for
methane shall be conducted with a
methane detector approved by the Secretary.
(e) Internal combustion engines shall
not be operated in the vicinity of any

§ 77.1502 Auger
holes;
against entering.

No person shall be permitted to enter
an auger hole except with the approval
of the MSHA Coal Mine Safety and
Health District Manager of the district
in which the mine is located and under
such conditions as may be prescribed
by such managers.

§ 77.1503 Augering equipment;
head protection.

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00733

Fmt 8010

over-

(a) Auger machines which are exposed to highwall hazards, together
with all those parts of any coal elevating conveyors where persons are required to work during augering operations, shall be covered with heavy
gage screen which does not obstruct
the view of the highwall and is strong
enough to prevent injuries to workmen
from falling material.
(b) No work shall be done under any
overhang and, when a crew is engaged
in connecting or disconnecting auger
sections under a highwall, at least one
person shall be assigned to observe the
highwall for possible movement.
§ 77.1504

Auger equipment; operation.

(a) Persons shall be kept clear of the
auger train while it is in motion and
shall not be permitted to pass under or
over an auger train, except where adequate crossing facilities are provided.
(b) Persons shall be kept clear of
auger sections being swung into position.
(c) No person, including the auger
machine operator, shall, where practicable, be stationed in direct line with
a borehole during augering operations.
(d) Operator of auger equipment shall
not leave the controls of such equipment while the auger is in operation.
(e) Adequate illumination shall be
provided for work areas after dark.
§ 77.1505

Auger holes; blocking.

Auger holes shall be blocked with
highwall spoil or other suitable material before they are abandoned.

723

VerDate Sep<11>2014

restriction

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.1600

30 CFR Ch. I (7–1–19 Edition)

Subpart Q—Loading and Haulage

§ 77.1603 Trains and locomotives; authorized persons.

§ 77.1600
eral.

(a) Only authorized persons shall be
permitted to ride on trains or locomotives and they shall ride in a safe
position.
(b) Men shall not get on or off moving equipment, except that trainmen
may get on or off of slowly moving
trains.

Loading and haulage; gen-

(a) Only authorized persons shall be
permitted on haulage roads and at
loading or dumping locations.
(b) Traffic rules, signals, and warning
signs shall be standardized at each
mine and posted.
(c) Where side or overhead clearances
on any haulage road or at any loading
or dumping location at the mine are
hazardous to mine workers, such areas
shall be conspicuously marked and
warning devices shall be installed when
necessary to insure the safety of the
workers.
§ 77.1601 Transportation
restrictions.

of

persons;

No person shall be permitted to ride
or be otherwise transported on or in
the following equipment whether loaded or empty:
(a) Dippers, shovels, buckets, forks,
and clamshells;
(b) The cargo space of dump trucks or
haulage equipment used to transport
coal or other material;
(c) Outside the cabs and beds of mobile equipment;
(d) Chain, belt, or bucket conveyors,
except where such conveyors are specifically designed to transport persons;
and
(e) Loaded buckets on aerial tramways.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.1602 Use of aerial tramways to
transport persons.
Persons other than maintenance men
shall not ride empty buckets on aerial
tramways unless the following features
are provided:
(a) Two independent brakes, each capable of holding the maximum load.
(b) Direct communication between
terminals.
(c) Power drives with emergency
power available in case of primary
power failure.
(d) Buckets equipped with positive
locks to prevent accidental tripping or
dumping.

§ 77.1604 Transportation
overcrowding.

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00734

Fmt 8010

persons;

(a) No man-trip vehicle or other conveyance used to transport persons to
and from work areas at surface coal
mines shall be overcrowded and all persons shall ride in a safe position.
(b) Supplies, materials, and tools
other than small handtools shall not be
transported with men in man-trip vehicles unless such vehicles are specifically designed to make such transportation safe.
§ 77.1605 Loading and haulage equipment; installations.
(a) Cab windows shall be of safety
glass or equivalent, in good condition
and shall be kept clean.
(b) Mobile equipment shall be
equipped with adequate brakes, and all
trucks and front-end loaders shall also
be equipped with parking brakes.
(c) Positive-action type brakes shall
be provided on aerial tramways.
(d) Mobile equipment shall be provided with audible warning devices.
Lights shall be provided on both ends
when required.
(e) Guard nets or other suitable protection shall be provided where tramways pass over roadways, walkways, or
buildings.
(f) Guards shall be installed to prevent swaying buckets from hitting
towers.
(g) Aerial tramway cable connections
shall be designed to offer minimum obstruction to the passage of wheels.
(h) Rocker-bottom or bottom-dump
cars shall be equipped with positive
locking devices, or other suitable devices.
(i) Ramps and dumps shall be of solid
construction, of ample width, have
ample clearance and headroom, and be
kept reasonably free of spillage.

724

VerDate Sep<11>2014

of

Sfmt 8010

Q:\30\30V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

Mine Safety and Health Admin., Labor

§ 77.1607

(j) Chute-loading installations shall
be designed so that the men pulling
chutes are not required to be in a hazardous position during loading operations.
(k) Berms or guards shall be provided
on the outer bank of elevated roadways.
(l) Berms, bumper blocks, safety
hooks, or similar means shall be provided to prevent overtravel and overturning at dumping locations.
(m) Roadbeds, rails, joints, switches,
frogs, and other elements on railroads
shall be designed, installed, and maintained in a safe manner consistent with
the speed and type of haulage.
(n) Where practicable, a minimum of
30 inches continuous clearance from
the farthest projection of moving railroad equipment shall be provided on at
least one side of the tracks; all places
where it is not possible to provide 30inch clearance shall be marked conspicuously.
(o) Track guardrails, lead rails, and
frogs shall be protected or blocked so
as to prevent a person’s foot from becoming wedged.
(p) Positive-acting stop-blocks, derail
devices, track skates, or other adequate means shall be installed wherever necessary to protect persons from
runaway or moving railroad equipment.
(q) Switch throws shall be installed
so as to provide adequate clearance for
switchmen.
(r) Where necessary, bumper blocks
or the equivalent shall be provided at
all track dead ends.

(c) Equipment defects affecting safety shall be corrected before the equipment is used.

§ 77.1606 Loading and haulage equipment; inspection and maintenance.
(a) Mobile loading and haulage equipment shall be inspected by a competent
person before such equipment is placed
in operation. Equipment defects affecting safety shall be recorded and reported to the mine operator.
(b) Carriers on aerial tramways, including loading and unloading mechanisms, shall be inspected each shift;
brakes shall be inspected daily; ropes
and supports shall be inspected as recommended by the manufacturer or as
physical conditions warrant. Equipment defects affecting safety shall be
reported to the mine operator.

§ 77.1607 Loading and haulage equipment; operation.
(a) Vehicles shall follow at a safe distance; passing shall be limited to areas
of adequate clearance and visibility.
(b) Mobile equipment operators shall
have full control of the equipment
while it is in motion.
(c) Equipment operating speeds shall
be prudent and consistent with conditions of roadway, grades, clearance,
visibility, traffic, and the type of
equipment used.
(d) Cabs of mobile equipment shall be
kept free of extraneous materials.
(e) Operators shall sit facing the direction of travel while operating equipment with dual controls.
(f) When an equipment operator is
present, men shall notify him before
getting on or off equipment.
(g) Equipment operators shall be certain, by signal or other means, that all
persons are clear before starting or
moving equipment.
(h) Where possible, aerial tramways
shall not be started until the tramway
operator has ascertained that everyone
is in the clear.
(i) Dust control measures shall be
taken where dust significantly reduces
visibility of equipment operators.
(j) Dippers, buckets, loading booms,
or heavy suspended loads shall not be
swung over the cabs of haulage vehicles
until the drivers are out of the cabs
and in safe locations, unless the trucks
are designed specifically to protect the
drivers from falling material.
(k) Men shall not work or pass under
the buckets or booms of loaders in operation.
(l) Tires shall be deflated before repairs on them are started and adequate
means shall be provided to prevent
wheel locking rims from creating a
hazard during tire inflation.
(m) Electrically powered mobile
equipment shall not be left unattended
unless the master switch is in the off
position, all operating controls are in
the neutral position, and the brakes
are set or other equivalent precautions
are taken against rolling.

725

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00735

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

§ 77.1608

30 CFR Ch. I (7–1–19 Edition)

(n) Mobile equipment shall not be
left unattended unless the brakes are
set. The wheels shall be turned into a
bank or berm, or shall be blocked,
when such equipment is parked on a
grade.
(o) Lights, flares, or other warning
devices shall be posted when parked
equipment creates a hazard to vehicular traffic.
(p) Dippers, buckets, scraper blades,
and similar movable parts shall be secured or lowered to the ground when
not in use.
(q) Shovel trailing cables shall not be
moved with the shovel dipper unless
cable slings or sleds are used.
(r) Equipment which is to be hauled
shall be loaded and protected so as to
prevent sliding or spillage.
(s) When moving between work areas,
the equipment shall be secured in the
travel position.
(t) Any load extending more than 4
feet beyond the rear of the vehicle body
should be marked clearly with a red
flag by day and a red light at night.
(u) Tow bars shall be used to tow
heavy equipment and a safety chain
shall be used in conjunction with each
tow bar.
(v) Railroad cars shall be kept under
control at all times by the car dropper.
Cars shall be dropped at a safe rate and
in a manner that will insure that the
car dropper maintains a safe position
while working and traveling around
the cars.
(w) Railroad cars shall not be coupled
or uncoupled manually from the inside
of curves unless the railroad and cars
are so designed to eliminate any hazard
from coupling or uncoupling cars from
inside of curves.
(x) Persons shall wear safety belts
when dropping railroad cars.
(y) Railcars shall not be left on
sidetracks unless ample clearance is
provided for traffic on adjacent tracks.
(z) Parked railcars, unless held effectively by brakes, shall be blocked securely.
(aa) Railroad cars and all trucks
shall be trimmed properly when they
have been loaded higher than the confines of their cargo space.
(bb) When the entire length of a conveyor is visible from the starting
switch, the operator shall visually

check to make certain that all persons
are in the clear before starting the conveyor. When the entire length of the
conveyor is not visible from the starting switch, a positive audible or visible
warning system shall be installed and
operated to warn persons that the conveyor will be started.
(cc) Unguarded conveyors with walkways shall be equipped with emergency
stop devices or cords along their full
length.
(dd) Adequate backstops or brakes
shall be installed on inclined-conveyor
drive units to prevent conveyors from
running in reverse if a hazard to personnel would be caused.
(ee) Aerial tram conveyor buckets
shall not be overloaded, and feed shall
be regulated to prevent spillage.
§ 77.1608 Dumping facilities.
(a) Dumping locations and haulage
roads shall be kept reasonably free of
water, debris, and spillage.
(b) Where the ground at a dumping
place may fail to support the weight of
a loaded dump truck, trucks shall be
dumped a safe distance back from the
edge of the bank.
(c) Adequate protection shall be provided at dumping locations where persons may be endangered by falling material.
(d) Grizzlies, grates, and other sizing
devices at dump and transfer points
shall be anchored securely in place.
(e) If truck spotters are used, they
shall be well in the clear while trucks
are backing into dumping position and
dumping; lights shall be used at night
to direct trucks.

Subpart R—Miscellaneous
§ 77.1700 Communications
in
work
areas.
No employee shall be assigned, or allowed, or be required to perform work
alone in any area where hazardous conditions exist that would endanger his
safety unless he can communicate with
others, can be heard, or can be seen.
§ 77.1701 Emergency communications;
requirements.
(a) Each operator of a surface coal
mine shall establish and maintain a
communication system from the mine

726

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00736

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

Mine Safety and Health Admin., Labor

§ 77.1705

to the nearest point of medical assistance for use in an emergency.
(b) The emergency communication
system required to be maintained
under paragraph (a) of this section may
be established by telephone or radio
transmission or by any other means of
prompt communication to any facility
(for example, the local sheriff, the
State highway patrol, or local hospital)
which has available the means of communication with the person or persons
providing emergency medical assistance or transportation in accordance
with the provisions of paragraph (a) of
this section.

under the provisions of paragraphs (a)
and (b) of this section, or immediately
after any change, of such agreement,
post at appropriate places at the mine
the names, titles, addresses, and telephone numbers of all persons or services currently available under such arrangements to provide medical assistance and transportation at the mine.

§ 77.1702 Arrangements for emergency
medical assistance and transportation for injured persons; reporting requirements; posting requirements.
(a) Each operator of a surface coal
mine shall make arrangements with a
licensed physician, medical service,
medical clinic, or hospital to provide
24-hour emergency medical assistance
for any person injured at the mine.
(b) Each operator shall make arrangements with an ambulance service,
or otherwise provide for 24-hour emergency transportation for any person injured at the mine.
(c) Each operator shall, on or before
September 30, 1971, report to the Coal
Mine Health and Safety District Manager for the district in which the mine
is located the name, title and address
of the physician, medical service, medical clinic, hospital, or ambulance service with whom arrangements have been
made, or otherwise provided, in accordance with the provisions of paragraphs
(a) and (b) of this section.
(d) Each operator shall, within 10
days after any change of the arrangements required to be reported under
the provisions of this section, report
such changes to the Coal Mine Health
and Safety District Manager. If such
changes involve a substitution of persons, the operator shall provide the
name, title, and address of the person
substituted together with the name
and address of the medical service,
medical clinic, hospital, or ambulance
service with which such person or persons are associated.
(e) Each operator shall, immediately
after making an arrangement required

(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C.
3501 et seq.))
[36 FR 9364, May 22, 1971, as amended at 36
FR 13143, July 15, 1971; 60 FR 33723, June 29,
1995]

§ 77.1703 First-Aid
training;
visory employees.

The mine operator shall conduct
first-aid training courses for selected
supervisory employees at the mine.
Within 60 days after the selection of a
new supervisory employee to be so
trained, the mine operator shall certify
by signature and date the name of the
employee and date on which the employee satisfactorily completed the
first-aid training course. The certification shall be kept at the mine and
made available on request to an authorized representative of the Secretary.
[56 FR 1478, Jan. 14, 1991]

§ 77.1704 First aid training program;
availability of instruction to all
miners.
On or before December 30, 1971, each
operator of a surface coal mine shall
make available to all miners employed
in the mine a course of instruction in
first aid conducted by the operator or
under the auspices of the operator, and
such a course of instruction shall be
made available to newly employed
miners within 6 months after the date
of employment.
§ 77.1705 First aid training program;
retraining of supervisory employees; availability to all miners.
Beginning January 1, 1972, each operator of a surface coal mine shall conduct refresher first aid training programs each calendar year for all selected supervisory employees and make
available refresher first aid training

727

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00737

Fmt 8010

super-

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.1706

30 CFR Ch. I (7–1–19 Edition)

courses to all miners employed in the
mine.
[36 FR 9364, May 22, 1971, as amended at 36
FR 13143, July 15, 1971]

§ 77.1706 First aid training program;
minimum requirements.
(a) All first aid training programs required under the provisions of §§ 77.1703
and 77.1704 shall include 10 class hours
of training in a course of instruction
similar to that outlined in ‘‘First Aid,
A Bureau of Mines Instruction Manual.’’
(b) Refresher first aid training programs required under the provisions of
§ 77.1705 shall include 5 class hours of
refresher training in a course of instruction similar to that outlined in
‘‘First Aid, A Bureau of Mines Instruction Manual.’’

kpayne on VMOFRWIN702 with $$_JOB

§ 77.1707 First aid equipment; location;
minimum requirements.
(a) Each operator of a surface coal
mine shall maintain a supply of the
first aid equipment set forth in paragraph (b) of this section at or near each
working place where coal is being
mined, at each preparation plant and
at shops and other surface installation
where ten or more persons are regularly employed.
(b) The first aid equipment required
to be maintained under the provisions
of paragraph (a) of this section shall include at least the following:
(1) One stretcher;
(2) One broken-back board (if a
splint-stretcher combination is used it
will satisfy the requirements of both
paragraph (b) (1) of this section and
this paragraph (b) (2));
(3) Twenty-four triangular bandages
(15 if a splint-stretcher combination is
used);
(4) Eight 4-inch bandage compresses;
(5) Eight 2-inch bandage compresses;
(6) Twelve 1-inch adhesive compresses;
(7) An approved burn remedy;
(8) Two cloth blankets;
(9) One rubber blanket or equivalent
substitute;
(10) Two tourniquets;
(11) One 1-ounce bottle of aromatic
spirits of ammonia or 1 dozen ammonia
ampules; and,

(12) The necessary complements of
arm and leg splints or two each inflatable plastic arm and leg splints.
(c) All first aid supplies required to
be maintained under the provisions of
paragraphs (a) and (b) of this section
shall be stored in suitable, sanitary,
dust tight, moisture proof containers
and such supplies shall be accessible to
the miners.
§ 77.1708 Safety program; instruction
of persons employed at the mine.
On or before September 30, 1971, each
operator of a surface coal mine shall
establish and maintain a program of
instruction with respect to the safety
regulations and procedures to be followed at the mine and shall publish
and distribute to each employee, and
post in conspicuous places throughout
the mine, all such safety regulations
and procedures established in accordance with the provisions of this section.
[36 FR 9364, May 22, 1971, as amended at 36
FR 13143, July 15, 1971]

§ 77.1710 Protective clothing; requirements.
Each employee working in a surface
coal mine or in the surface work areas
of an underground coal mine shall be
required to wear protective clothing
and devices as indicated below:
(a) Protective clothing or equipment
and face-shields or goggles shall be
worn when welding, cutting, or working with molten metal or when other
hazards to the eyes exist.
(b) Suitable protective clothing to
cover the entire body when handling
corrosive or toxic substances or other
materials which might cause injury to
the skin.
(c) Protective gloves when handling
materials or performing work which
might cause injury to the hands; however, gloves shall not be worn where
they would create a greater hazard by
becoming entangled in the moving
parts of equipment.
(d) A suitable hard hat or hard cap
when in or around a mine or plant
where falling objects may create a hazard. If a hard hat or hard cap is painted, nonmetallic based paint shall be
used.
(e) Suitable protective footwear.

728

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00738

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.1713

(f) Snug-fitting clothing when working around moving machinery or equipment.
(g) Safety belts and lines where there
is danger of falling; a second person
shall tend the lifeline when bins, tanks,
or other dangerous areas are entered.
(h) Lifejackets or belts where there is
danger from falling into water.
(i) Seatbelts in a vehicle where there
is a danger of overturning and where
roll protection is provided.

§ 77.1713 Daily inspection of surface
coal mine; certified person; reports
of inspection.

(Sec. 101(a), Federal Coal Mine Health and
Safety Act of 1969, as amended (83 Stat. 745;
30 U.S.C. 811(a))
[36 FR 9382, May 22, 1971, as amended at 36
FR 13143, July 15, 1971; 39 FR 7176, Feb. 25,
1974]

§ 77.1710–1 Distinctively colored hard
hats or hard caps; identification for
newly
employed,
inexperienced
miners.
Hard hats or hard caps distinctively
different in color from those worn by
experienced miners shall be worn at all
times by each newly employed, inexperienced miner when working in or
around a mine or plant for at least one
year from the date of his initial employment as a miner or until he has
been qualified or certified as a miner
by the State in which he is employed.
(Sec. 101(a), Federal Coal Mine Health and
Safety Act of 1969, as amended (83 Stat. 745;
30 U.S.C. 811(a))
[39 FR 7176, Feb. 25, 1974]

§ 77.1711

Smoking prohibition.

No person shall smoke or use an open
flame where such practice may cause a
fire or explosion.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.1712 Reopening mines; notification; inspection prior to mining.
Prior to reopening any surface coal
mine after it has been abandoned or declared inactive by the operator, the operator shall notify the Coal Mine
Health and Safety District Manager for
the district in which the mine is located, and an inspection of the entire
mine shall be completed by an authorized representative of the Secretary before any mining operations in such
mine are instituted.

(a) At least once during each working
shift, or more often if necessary for
safety, each active working area and
each active surface installation shall
be examined by a certified person designated by the operator to conduct
such examinations for hazardous conditions and any hazardous conditions
noted during such examinations shall
be reported to the operator and shall be
corrected by the operator.
(b) If any hazardous condition noted
during an examination conducted in
accordance with paragraph (a) of this
section creates an imminent danger,
the person conducting such examination shall notify the operator and the
operator shall withdraw all persons
from the area affected, except those
persons referred to in section 104(d) of
the Act, until the danger is abated.
(c) After each examination conducted
in accordance with the provisions of
paragraph (a) of this section, each certified person who conducted all or any
part of the examination required shall
enter with ink or indelible pencil in a
book approved by the Secretary the
date and a report of the condition of
the mine or any area of the mine which
he has inspected together with a report
of the nature and location of any hazardous condition found to be present at
the mine. The book in which such entries are made shall be kept in an area
at the mine designated by the operator
to minimize the danger of destruction
by fire or other hazard.
(d) All examination reports recorded
in accordance with the provisions of
paragraph (c) of this section shall include a report of the action taken to
abate hazardous conditions and shall
be signed or countersigned each day by
at least one of the following persons:
(1) The surface mine foreman;
(2) The assistant superintendent of
the mine;
(3) The superintendent of the mine;
(4) The person designated by the operator as responsible for health and
safety at the mine; or,

729

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00739

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.1800

30 CFR Ch. I (7–1–19 Edition)

(5) An equivalent mine official.
(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C.
3501 et seq.))
[36 FR 9364, May 22, 1971, as amended at 60
FR 33723, June 29, 1995; 63 FR 58613, Oct. 30,
1998]

Subpart S—Trolley Wires and
Trolley Feeder Wires
§ 77.1800

Cutout switches.

Trolley wires and trolley feeder wires
shall be provided with cutout switches
at intervals of not more than 2,000 feet
and near the beginning of all branch
lines.
§ 77.1801

Overcurrent protection.

Trolley wires and trolley feeder wires
shall be provided with overcurrent protection.
§ 77.1801–1 Devices
protection.

for

overcurrent

Automatic circuit interrupting devices that will deenergize the affected
circuit upon occurrence of a short circuit at any point in the system will
meet the requirements of § 77.1801.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.1802 Insulation of trolley wires,
trolley feeder wires and bare signal
wires; guarding of trolley wires and
trolley feeder wires.
Trolley wires, trolley feeder wires,
and bare signal wires shall be adequately guarded:
(a) At all points where men are required to work or pass regularly under
the wires; and
(b) At man-trip stations.
The Secretary or his authorized representative shall specify other conditions where trolley wires and trolley
feeder wires shall be adequately protected to prevent contact by any person, or shall require the use of improved methods to prevent such contact. Temporary guards shall be provided where trackmen and other persons are required to work in proximity
to trolley wires and trolley feeder
wires.

Subpart T—Slope and Shaft
Sinking
§ 77.1900 Slopes and shafts; approval
of plans.
(a) Each operator of a coal mine shall
prepare and submit for approval by the
Coal Mine Health and Safety District
Manager for the district in which the
mine is located, a plan providing for
the safety of workmen in each slope or
shaft that is commenced or extended
after June 30, 1971. The plan shall be
consistent with prudent engineering
design. The methods employed by the
operator shall be selected to minimize
the hazards to those employed in the
initial or subsequent development of
any such slope or shaft, and the plan
shall include the following:
(1) The name and location of the
mine, and the Mine Safety and Health
Administration mine identification
number, if known;
(2) The name and address of the mine
operator;
(3) A description of the construction
work and methods to be used in the
construction of the slope or shaft, and
whether part or all of the work will be
performed by a contractor and a description of that part of the work to be
performed by a contractor;
(4) The elevation, depth and dimensions of the slope or shaft;
(5) The location and elevation of the
coalbed;
(6) The general characteristics of the
strata through which the slope or shaft
will be developed;
(7) The type of equipment which the
operator proposes to use when the
work is to be performed by the operator. When work is to be performed by
a contractor the operator shall, as soon
as known to him, supplement the plan
with a description of the type of equipment to be used by the contractor;
(8) The system of ventilation to be
used; and
(9) Safeguards for the prevention of
caving during excavation.
(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C.
3501 et seq.))
[36 FR 9364, May 22, 1971, as amended at 47
FR 28096, June 29, 1982; 60 FR 33723, June 29,
1995]

730

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00740

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.1904

§ 77.1900–1 Compliance with approved
slope and shaft sinking plans.

§ 77.1901–1 Methane and oxygen deficiency tests; approved devices.
Tests for oxygen deficiency shall be
made with a permissible flame safety
lamp or other means approved by the
Secretary, and tests for methane shall
be made with a methane detector approved by the Secretary.

Upon approval by the Coal Mine
Health and Safety District Manager of
a slope or shaft sinking plan, the operator shall adopt and comply with such
plan.
§ 77.1901 Preshift and onshift inspections; reports.

kpayne on VMOFRWIN702 with $$_JOB

(a) Examinations of slope and shaft
areas shall be made by a certified person for hazardous conditions, including
tests for methane and oxygen deficiency:
(1) Within 90 minutes before each
shift;
(2) At least once on any shift during
which men are employed inside any
slope or shaft during development; and
(3) Both before and after blasting.
(b) The surface area surrounding each
slope and shaft shall be inspected by a
certified person and all hazards in the
vicinity shall be corrected before men
are permitted to enter the excavation.
(c) All hazards found during any
preshift or onshift inspection shall be
corrected before men are allowed to
enter, or continue to work in such
slope or shaft. If hazardous conditions
cannot be corrected, or excessive methane concentrations cannot be diluted,
the excavation shall be vacated and no
person shall be permitted to reenter
the slope or shaft to continue excavation operations until the hazardous
condition has been abated.
(d) No work shall be performed in any
slope or shaft, no drilling equipment
shall be started, and no electrical
equipment shall be energized if the
methane content in such slope or shaft
is 1.0 volume per centum, or more.
(e) Nothing in this § 77.1901 shall prevent the specific assignment of men in
the slope or shaft for purposes of abating excessive methane concentrations
or any other hazardous condition.
(f) The results of all inspections conducted in accordance with the provisions of paragraph (a) of this section
shall be recorded in a book approved by
the Secretary.
(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C.
3501 et seq.))
[36 FR 9364, May 22, 1971, as amended at 60
FR 33723, June 29, 1995]

§ 77.1902 Drilling and mucking operations.
Diesel-powered equipment used in the
drilling, mucking, or other excavation
of any slope or shaft shall be permissible, and such equipment shall be operated in a permissible manner and
shall be maintained in a permissible
condition.
§ 77.1902–1 Permissible diesel-powered
equipment.
Diesel-powered equipment which has
been approved by the Bureau of Mines
or the Mine Safety and Health Administration under Part 36 of this chapter
(Bureau of Mines Schedule 31) is permissible under the provisions of this
section.
§ 77.1903 Hoists and hoisting; minimum requirements.
(a) Hoists used in transporting persons and material during drilling,
mucking, or other excavating operations in any slope or shaft shall have
rated capacities consistent with the
loads to be handled.
(b) Each hoist used in drilling, mucking, or other excavating operations
shall be equipped with an accurate and
reliable indicator of the position of the
cage, platform, or bucket. The indicator shall be installed in clear view of
the hoist operator.
(Sec. 101, Federal Mine Safety and Health
Act of 1977, Pub. L. 91–173 as amended by
Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811))
[48 FR 53242, Nov. 25, 1983; 48 FR 54975, Dec.
8, 1983]

§ 77.1904 Communications
between
slope and shaft bottoms and hoist
operators.
(a) Two independent means of signaling shall be provided between the
hoistman and all points in a slope or
shaft where men are required to work.
At least one of these means shall be audible to the hoistman. Signal codes

731

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00741

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.1905

30 CFR Ch. I (7–1–19 Edition)

used in any communication system
shall be posted conspicuously at each
slope and shaft.
(b) Signaling systems used for communication between slopes and shafts
and the hoistman shall be tested daily.

hoisting rope, the hooks shall be selfclosing.

§ 77.1905

§ 77.1908 Hoist installations; use.
(a) Where men are transported by
means of a hoist and the depth of the
shaft exceeds 50 feet, the hoist rope
shall be suspended from a substantial
hoisting installation which shall be
high enough to provide working clearance between the bottom of the sheave
and the top of the cage or bucket.
(b) Where men are transported by
means of a hoist and the depth of the
shaft exceeds 100 feet, temporary shaft
guides and guide attachments, or other
no less effective means, shall be installed to prevent the cage, platform,
or bucket from swinging.
(c) All guides and guide attachments,
or other no less effective means, installed in accordance with paragraph
(b) of this section shall be maintained
to a depth of not less than 75 feet from
the bottom of the shaft.
(d) Where crossheads are used, the
cage, platform, or bucket shall not be
hung more than 10 feet below the crosshead.
(e) Where men are required to embark or disembark from a cage, platform or bucket suspended over or within a shaft, a loading platform shall be
installed to insure safe footing.
(f) During the development of each
slope or shaft, either a ladder or independently powered auxiliary hoist shall
be provided to permit men to escape
quickly in the event of an emergency.
(g) No person shall be permitted to
ride the rim of any bucket or on the
top of a loaded bucket.
(h) The number of persons permitted
to ride in cages, skips, or buckets shall
be limited so as to prevent overcrowding.
(i) Persons shall not be permitted to
ride on a cage, skip, or bucket with
tools or materials, except when necessary to handle equipment while in
transit. Materials shall be secured to
prevent shifting while being hoisted.
(j) The speed of buckets transporting
persons shall not exceed 500 feet per
minute and not more than 200 feet per

Hoist safeguards; general.

(a) Hoists used to transport persons
shall be equipped with brakes capable
of stopping and holding the cage, bucket, platform, or other device when fully
loaded.
(b) When persons are transported by
a hoist, a second person familiar with
and qualified to stop the hoist shall be
in attendance, except where the hoist
is fully equipped with overspeed,
overwind, and automatic stop devices.
§ 77.1906

Hoists; daily inspection.

(a) Hoists used to transport persons
shall be inspected daily. The inspection
shall include examination of the headgear (headframe, sheave wheels, etc.),
connections, links and chains, and
other facilities.
(b) Prior to each working shift, and
before a hoist is returned to service
after it has been out of normal service
for any reason, the hoist shall be run
by the hoist operator through one complete cycle of operation before any person is permitted to be transported.
(c) At the completion of each daily
examination required by paragraph (a)
of this section, the person making the
examination shall certify, by signature
and date, that the examination has
been made. If any unsafe condition in
the hoisting equipment is present, the
person conducting the examination
shall make a record of the condition
and the date. Certifications and records
shall be retained for one year.
(Sec. 101, Federal Mine Safety and Health
Act of 1977, Pub. L. 91–173 as amended by
Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811))
[48 FR 53242, Nov. 25, 1983, as amended at 60
FR 33723, June 29, 1995]

kpayne on VMOFRWIN702 with $$_JOB

§ 77.1907

Hoist construction; general.

If hooks are used to attach cages or
buckets to the socket or thimble of a

(Sec. 101, Federal Mine Safety and Health
Act of 1977, Pub. L. 91–173 as amended by
Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811))
[48 FR 53242, Nov. 25, 1983]

732

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00742

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor

§ 77.1910

minute when within 100 feet of any
stop.
(k) A notice of established speeds
shall be posted in clear view of the
hoistman.
(l) Conveyances being lowered in a
shaft in which men are working shall
be stopped at least 15 feet above such
men and shall be lowered further only
after the hoistman has received a signal that all men who may be endangered by the conveyance are in the
clear.
(m) No skip or bucket shall be raised
or lowered in a slope or shaft until it
has been trimmed to prevent material
from falling back down the slope or
shaft.
(n) Measures shall be taken to prevent material from falling back into
the shaft while buckets or other conveyances are being unloaded.
(o) Properly attached safety belts
shall be worn by all persons required to
work in or over any shaft where there
is a drop of 10 or more feet, unless
other acceptable means are provided to
prevent such persons from falling into
the shaft.

the operator to protect the health and
safety of any person exposed to such
blasting.

§ 77.1908–1 Hoist operation; qualified
hoistman.
Hoists shall be under the control of
and operated by a qualified hoistman
when men are in a slope or shaft.

kpayne on VMOFRWIN702 with $$_JOB

§ 77.1909 Explosives and blasting; use
of permissible explosives and shotfiring units.
Except as provided in § 77.1909–1, only
permissible explosives and permissible
shot-firing units shall be used in sinking shafts and slopes.
§ 77.1909–1 Use of nonpermissible explosives and nonpermissible shotfiring units; approval by Health and
Safety District Manager.
Where the Coal Mine Health and
Safety District Manager has determined that the use of nonpermissible
explosives and nonpermissible shot-firing units will not pose a hazard to any
person during the development of a
slope or shaft, he may, after written
application by the operator, approve
the use of such explosives and shot-firing units and issue a permit for the use
of such explosives and devices setting
forth the safeguards to be employed by

(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C.
3501 et seq.))
[36 FR 9364, May 22, 1971, as amended at 60
FR 33723, June 29, 1995]

§ 77.1910
eral.

Explosives and blasting; gen-

(a) Light and power circuits shall be
disconnected or removed from the
blasting area before charging and
blasting.
(b) All explosive materials, detonators, and any other related blasting
material employed in the development
of any slope or shaft shall be stored,
transported, carried, charged, and fired
in accordance with the provision of
Subpart N, ‘‘Explosives and Blasting,’’
of this Part 77. Except as provided in
paragraph (c) of this section, all shots
shall be fired from the surface.
(c) Where tests for methane have
been conducted and methane has not
been found and only permissible blasting units are being employed, shots
may be fired from an upper level of the
slope or shaft.
(d) Except as provided in paragraph
(c) of this section, all men shall be removed from the slope or shaft prior to
blasting.
(e) Blasting areas in slopes or shafts
shall be covered with mats or other
suitable material when the excavation
is too shallow to retain blasted material.
(f) Where it is impracticable to prepare primers in the blasting area, primers may be prepared on the surface and
carried into the shaft in specially constructed, insulated, covered containers.
(g) No other development operation
shall be conducted in a shaft or at the
face of a slope while drill holes are
being charged and until after all shots
have been fired.
(h) The sides of the slope or shaft between the overhead platform and the
bottom where men are working shall be
examined after each blast and loose
material removed.
(i) Loose rock and other material
shall be removed from timbers and
platforms after each blast before men
are lowered to the shaft bottom.

733

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00743

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

§ 77.1911

30 CFR Ch. I (7–1–19 Edition)

§ 77.1911 Ventilation
shafts.

of

slopes

and

kpayne on VMOFRWIN702 with $$_JOB

(a) All slopes and shafts shall be ventilated by mechanical ventilation
equipment during development. Such
equipment shall be examined before
each shift and the quantity of air in
the slope or shaft measured daily by a
certified person and the results of such
examinations and tests recorded in a
book approved by the Secretary.
(b) Ventilation fans shall be:
(1) Installed on the surface;
(2) Installed in fireproof housing and
connected to the slope or shaft opening
with fireproof air ducts;
(3) Designed to permit the reversal of
the air current, and located in an area
which will prevent a recirculation of
air from the slope or shaft or air contamination from any other source;
(4) Equipped with an automatic signal device designed to give an alarm in
the event the fan slows or stops which
can be seen or heard by any person on
duty in the vicinity of the fan, except
where fans are constantly attended.
(5) Offset not less than 15 feet from
the shaft; and
(6) Equipped with air ducts which are
fire resistant and maintained so as to
prevent excessive leakage of air;
(i) Flexible ducts shall be constructed to permit ventilation by either exhausting or blowing methods
and when metal air ducts are used,
they shall be grounded effectively to
remove static and other electrical
charges;
(ii) Ducts shall extend as close to the
bottom as necessary to ventilate properly.
(c) A qualified person, designated by
the operator, shall be assigned to maintain each ventilating system.
(d) The fan shall be operated continuously when men are below the surface.
Any accidental stoppage or reduction
in airflow shall be corrected promptly;
however, where repairs cannot be made
immediately, development work below
the surface shall be stopped and all the
men not needed to make necessary repairs shall be removed to the surface.
§ 77.1912

Ladders and stairways.

(a) Substantial stairways or ladders
shall be used during the construction

of all shafts where no mechanical
means are provided for men to travel.
(b) Landings at intervals of not more
than 30 feet shall be installed.
(c) Shaft ladders shall project 3 feet
above the collar of the shaft, and shall
be placed at least 3 inches from the
side of the shaft.
§ 77.1913

Fire-resistant wood.

Except for crossties, timbers, and
other wood products which are permanently installed in slopes and shafts,
shall be fire resistant.
§ 77.1914

Electrical equipment.

(a) Electric equipment employed
below the collar of a slope or shaft during excavation shall be permissible and
shall be maintained in a permissible
condition.
(b) The insulation of all electric conductors employed below the collar of
any slope or shaft during excavation
shall be of the flame resistant type.
(c) Only lamps and portable flood
lights approved by the Bureau of Mines
or the Mine Safety and Health Administration under Part 19 and Part 20 of
this chapter (Bureau of Mines Schedules 6D and 10C) shall be employed
below the collar of any slope or shaft.
§ 77.1915 Storage and handling of combustible materials.
(a) Compressed and liquefied gas, oil,
gasoline, and other petroleum products
shall not be stored within 100 feet of
any slope or shaft opening.
(b) Other combustible material and
supplies shall not be stored within 25
feet of any slope or shaft opening.
(c) Pyritic slates, bony coal, culm or
other material capable of spontaneous
combustion shall not be used for fill or
as surfacing material within 100 feet of
any slope or shaft opening.
(d) Areas surrounding the opening of
each slope or shaft shall be constructed
to insure the drainage of flammable
liquids away from the slope or shaft in
the event of spillage.
(e) Oily rags, waste, waste paper, and
other combustible waste material disposed of in the vicinity of any slope or
shaft opening shall be stored in closed
containers until removed from the
area.

734

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00744

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31

Mine Safety and Health Admin., Labor
§ 77.1916 Welding, cutting,
dering; fire protection.

and

sol-

(a) One portable fire extinguisher
shall be provided where welding, cutting, or soldering with arc or flame is
performed.
(b) Welding, cutting, or soldering
with arc or flame within or in the vicinity of any slope or shaft, except
where such operations are performed in
fireproof enclosures, shall be done
under the supervision of a qualified
person who shall make a diligent
search within or in the vicinity of the
slope or shaft for fire during and after
such operations.
(c) Before welding, cutting, or soldering is performed in any slope or
shaft designed to penetrate into any
coalbed below the surface, an examination for methane shall be made by a
qualified person with a device approved
by the Secretary for detecting methane. Examination for methane shall be
made immediately before and periodically during welding, cutting, or soldering and such work shall not be permitted to commence or continue in air
which contains 1.0 volume per centum
or more of methane.
(d) Noncombustible barriers shall be
installed below welding, cutting, or soldering operations in or over a shaft.

Subpart C—Sampling Procedures
90.201 Sampling; general and technical requirements.
90.202 Certified person; sampling.
90.203 Certified person; maintenance and
calibration.
90.204 Approved sampling devices; maintenance and calibration.
90.205 Approved sampling devices; operation; air flowrate.
90.206 Exercise of option or transfer sampling.
90.207 Quarterly sampling.
90.208 Respirable
dust
samples;
transmission by operator.
90.209 Respirable dust samples; report to operator.
90.210 Status change reports.

Subpart D—Respirable Dust Control Plans
90.300 Respirable dust control plan; filing
requirements.
90.301 Respirable dust control plan; approval by District Manager; copy to part
90 miner.
AUTHORITY: 30 U.S.C. 811, 813(h), 957.
SOURCE: 45 FR 80769, Dec. 5, 1980, unless
otherwise noted.

Subpart A—General

§ 90.1

PART 90—MANDATORY HEALTH
STANDARDS—COAL
MINERS
WHO HAVE EVIDENCE OF THE
DEVELOPMENT
OF
PNEUMOCONIOSIS
Subpart A—General
Sec,
90.1 Scope.
90.2 Definitions.
90.3 Part 90 option; notice of eligibility; exercise of option.

Subpart B—Dust Standards, Rights of Part
90 Miners

kpayne on VMOFRWIN702 with $$_JOB

90.104 Waiver of rights; re-exercise of option.

SOURCE: 79 FR 24988, May 1, 2014, unless
otherwise noted.

Subpart U—Approved Books and
Records [Reserved]

90.100
90.101
is
90.102
90.103

§ 90.1

Respirable dust standard.
Respirable dust standard when quartz
present.
Transfer; notice.
Compensation.

Scope.

This part 90 establishes the option of
miners who are employed at coal mines
and who have evidence of the development of pneumoconiosis to work in an
area of a mine where the average concentration of respirable dust in the
mine atmosphere during each shift is
continuously maintained at or below
the applicable standard as specified in
§ 90.100. The rule sets forth procedures
for miners to exercise this option, and
establishes the right of miners to retain their regular rate of pay and receive wage increases. The rule also sets
forth the operator’s obligations, including respirable dust sampling for
part 90 miners. This part 90 is promulgated pursuant to section 101 of the Act
and supersedes section 203(b) of the
Federal Mine Safety and Health Act of
1977, as amended.

735

VerDate Sep<11>2014

18:09 Aug 16, 2019

Jkt 247125

PO 00000

Frm 00745

Fmt 8010

Sfmt 8010

Q:\30\30V1.TXT

PC31


File Typeapplication/pdf
File Modified2019-09-23
File Created2019-09-24

© 2024 OMB.report | Privacy Policy