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MSHA TO PUBLISH FINAL MINE RESCUE TEAM REGS

The Mine Safety and Health Administration will publish the final mine rescue team regulations in the Federal Register on Friday, Feb. 8.  The rule, which has a staggered implementation schedule (described below), is applicable only to underground coal mines. The Mine Safety and Health Administration will publish the final mine rescue team regulations in the Federal Register on Friday, Feb. 8.  The rule, which has a staggered implementation schedule (described below), is applicable only to underground coal mines.  Publication of the final mine rescue team equipment rules, applicable to all underground mine operators, will occur at a later date.  A pre-publication copy of the rule is available on the National Mining Association’s web site at: http://www.nma.org/Attach/MSHA Mine Rescue Times_Pre Pub Rule.pdf.
 
The final rule remains virtually unchanged from the proposed rule, however some subtle revisions have been adopted that will vary the rule requirements across the underground coal industry.  In large part, the agency cited the statutory language of the Mine Improvement and New Emergency Response (MINER) Act in denying the vast majority of the suggested revisions.  Of particular note, the final rule:

  • Retains the one-hour ground travel time requirement from the mine rescue station to the covered mine;
  • Requires 96-hours of annual refresher training for mine rescue team members;
  • Permits composite teams to be comprised of at least two members from each large mine and at least one member from each covered small mine;
  • Recognizes mine rescue team members whose job responsibilities require them to work at multiple mines as an employee of each mine; and
  • Retains the partial training credit for state-employees who serve as members of state-sponsored mine rescue teams.
  • The final rule also contains a staggered implementation schedule as follows:
  • Within three-months following publication, each operator must submit to a MSHA district manager a statement describing the mine’s method for providing mine rescue coverage in accordance with § 49.12(h).

  • Within six-months following publication each mine:
1.   must have a rescue station located no more than one-hour ground travel time from the mine and have either the required equipment, or purchase orders for such   equipment; and
2.   must have a responsible person knowledgeable about mine emergency response in accordance with § 75.1501(a)(2).
  • Within nine months each operator of a large mine must have either an individual mine-site team, or a composite team, as one of the mine’s certified teams.
Within 12-months:
1.   mine rescue team members must have completed 96 hours of training to include participation in mine rescue contests;
2.   each mine shall make available two certified teams in accordance with § 49.20(a);
3.   each team providing coverage to a mine must meet the requirements of § 49.20(b) and 49.30; and
4.   each operator must certify to a district manager that each team designated to provide mine rescue coverage meets the certification requirements of § 49.50