30 CFR § 75.363
Hazardous conditions; posting, correcting and recording.
(a) Any hazardous condition found by the mine foreman or equivalent mine
official, assistant mine foreman or equivalent mine official, or other
certified persons designated by the operator for the purposes of conducting
examinations under this subpart D, shall be posted with a conspicuous danger
sign where anyone entering the areas would pass. A hazardous condition shall
be corrected immediately or the area shall remain posted until the hazardous
condition is corrected. If the condition creates an imminent danger,
everyone except those persons referred to in section 104(c) of the Act shall
be withdrawn from the area affected to a safe area until the hazardous
condition is corrected. Only persons designated by the operator to correct
or evaluate the condition may enter the posted area.
(b) A record shall be made of any hazardous condition found. This record
shall be kept in a book maintained for this purpose on the surface at the
mine. The record shall be made by the completion of the shift on which the
hazardous condition is found and shall include the nature and location of the
hazardous condition and the corrective action taken. This record shall not be
required for shifts when no hazardous conditions are found or for hazardous
conditions found during the preshift or weekly examinations inasmuch as these
examinations have separate recordkeeping requirements.
(c) The record shall be made by the certified person who conducted the
examination or a person designated by the operator. If made by a person other
than the certified person, the certified person shall verify the record by
initials and date by or at the end of the shift for which the examination was
made. Records shall be countersigned by the mine foreman or equivalent mine
official by the end of the mine foreman's or equivalent mine official's next
regularly scheduled working shift. The record shall be made in a secure book
that is not susceptible to alteration or electronically in a computer system
so as to be secure and not susceptible to alteration.
(d)Retention period.Records shall be retained at a surface
location at the mine for at least 1 year and shall be made available for
inspection by authorized representatives of the Secretary and the
representative of miners.
[61 FR 9829, Mar. 11, 1996; 61 FR 26442, May 28, 1996]