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PROGRAM POLICY LETTER NO. P06-V-10 FROM: KEVIN G. STRICKLIN  Acting Administrator for Coal Mine Safety and Health SUBJECT: Reissue of PPL No. P06-V-9: Implementation of Section 2 of the Mine Improvement and New Emergency Response Act of 2006 Scope This Program Policy Letter (PPL) is intended for underground coal mine operators, miners and miners' representatives, independent contractors, Mine Safety and Health Administration (MSHA) enforcement personnel, and other interested parties working in underground coal mines. Purpose Section 2 of the Mine Improvement and New Emergency Response Act of 2006 (MINER Act) requires underground coal mine operators to have, within 60 days of enactment, an Emergency Response Plan (ERP), which is to be approved by MSHA and takes into account comments from miners and miners' representatives. Congress accordingly places an immediate responsibility on the part of the underground coal mine operators to develop plans to effectuate the purposes and requirements of the MINER Act. This PPL provides policy and guidance to underground coal mine operators to facilitate the development of their ERPs. This PPL supercedes the previous reissue. Specifically, it supplements and clarifies the information provided in PPL No. P06-V-9 regarding emergency supplies of breathable air, appropriate distances between Self-Contained Self-Rescuers (SCSRs) in escapeways, and the process for ERP approval. Policy The MINER Act addresses both the evacuation of miners endangered by an emergency and the maintenance of miners trapped underground. MSHA emphasizes that, in the event of a mine emergency, every effort must be made by miners to evacuate the mine. Barricading should be considered an absolute last resort and should be considered only when evacuation routes have been physically blocked. Lifelines, tethers, SCSRs, and proper training provide essential tools for miners to evacuate through smoke and irrespirable atmospheres. In accordance with the MINER Act, underground coal mine operators must develop, adopt, and submit an Emergency Response Plan (ERP) to the appropriate MSHA District Manager no later than August 14, 2006. The MINER Act requires that the ERPs address both the evacuation of miners endangered by an emergency and maintenance of miners trapped underground. These plans must:
Section 2(b)(2)(B)(i) of the MINER Act requires that the ERP shall provide for the evacuation "of all individuals endangered" by an emergency. The individuals covered by this provision do not include properly trained and equipped persons essential to respond to a mine emergency, as permitted in 30 C.F.R. § 75.1501(b). In considering comments from the miners or their representatives as specified in Section 2(b)(2)(C) and (D) of the MINER Act, MSHA will follow the procedure outlined for submission and approval of ventilation plans as noted in 30 C.F.R. § 75.370(a)(3)(i) through (b). ERPs consistent with this PPL will facilitate approval of these plans by MSHA. At its discretion, MSHA may approve equivalent compliance alternatives to those in this PPL. Emergency Response Plan - Content 1. Post-accident Communication When hardwired systems are used to meet the MINER Act requirement for redundant communication between surface and underground personnel, wires should be routed through separate entries or boreholes continuous to the surface. MSHA interprets the term "wireless," as used in the MINER Act, to mean that no wired component of the system exists underground where it may be damaged by fire or explosion. Post-accident communication technology would be considered acceptable if, based on its location in the mine and the history of mine explosions and fires in the mine, it is likely to withstand the event intact. A reasonable timetable for installation should be included in the plan. This provision applies to all mines except anthracite mines with one intake and one return aircourse. In these mines, the redundant hardwired systems may be placed in the same aircourse. 2. Post-accident Tracking Until post-accident tracking technology becomes commercially available and MSHA approved, MSHA will accept a dispatcher system, or equivalent system, that has as a function the tracking of persons underground. A dispatcher system should track location of personnel in writing, on a map, or electronically, for the duration of the shift. The tracking system used by the operator should be able to determine the current, or the immediate pre-accident location of all underground personnel. 3. Post-accident Breathable Air
For an ERP to be approved, it must specifically address the type, amount, and location of post-accident breathable air necessary to maintain individuals trapped underground for a sustained period of time. Oxygen, compressed air, or other alternatives may be used to meet this requirement. On August 30, 2006, MSHA published a Request for Information (RFI) in the Federal Register seeking further information from the mining community on "topics related to post-accident breathable air that would be sufficient to maintain miners trapped underground for a sustained period of time." Once MSHA is able to review the information received, the Agency will provide additional guidance. In the meantime, however, mine operators shall gather information from available resources and provide for emergency supplies of breathable air. B. Additional SCSRs in Escapeways In addition to the two SCSRs provided on the section for each miner as required by the emergency temporary standard, the plan should provide for storage of SCSRs at 30 minute intervals in escapeways. MSHA interprets the MINER Act phrase that "caches of self-rescuers providing in the aggregate not less than 2 hours per miner to be kept in escapeways from the deepest work area to the surface at a distance of no further than an average miner could walk in 30 minutes" to mean that one-hour of oxygen per miner should be provided at each SCSR storage location in each escapeway. The table below provides allowable 30-minute travel distance intervals. Please note that the distances in this table vary from those provided in P06-V-9.
Alternatively, a functionality test may be used to determine the distance that an "average miner" could travel in 30 minutes. The mine operator should calculate this distance by using the average distance that a representative sample of miners walks in 30 minutes over a portion of the mine that is representative of each escapeway. A representative sample of miners would be a cross-section of the population of all miners who would have to evacuate the mine and use the SCSRs stored in the escapeways. In other words, the sample should include miners of various ages, weights, fitness levels, and smoking habits. In general, it is appropriate for mine operators to include at least 20 miners in the walking trial in order to obtain an accurate representation of the entire mine population. If the workforce is 20 or fewer, all miners should be included in the walking trial. A representative portion of the escapeway would have an entry height, slope, and underfoot conditions similar to those of the entire escapeway. C. Other SCSR Considerations The ERP should contain a provision for storage of at least one SCSR provided at no further than 30 minute travel distances for the evacuation of miners such as pumpers or examiners working in remote areas at locations accessible to these personnel in bleeders and other remote areas of the mine.
MSHA interprets the "flame-resistant" lifeline requirement of the MINER Act to mean that lifelines must meet the requirements of 30 CFR 18.65. Consistent with the MINER Act, operators may continue to use lifelines on order or in use at the mine until the lifelines are replaced, or the statutory three-year period has elapsed. Where directional cones are used to meet the requirement for directional lifelines, the ERP should be consistent with the National Institute for Occupational Safety and Health's (NIOSH) recommendation that directional cones are to point in the inby direction. See Emerging Technologies: Aiding Responders in Mine Emergencies and During the Escape from Smoke-Filled Passageways by Ronald S. Conti, National Institute for Occupational Safety and Health. 5. Training The ERP should contain provisions for training in evacuation procedures for all persons prior to going underground. This provision does not apply to Federal and state government officials or to short-term visitors who have appropriate SCSR and hazard training and are taking a tour accompanied by knowledgeable operator officials. This training should be conducted quarterly and can be part of the mine emergency evacuation training under 30 CFR 75.1502. In addition, the ERP should include SCSR hands-on training in donning and transferring from one SCSR to another for each type of SCSR carried or stored in the mine. Training should demonstrate the proper insertion of the mouthpiece and emphasize the importance of keeping the mouthpiece inserted until reaching fresh air. The ERP should contain a provision that one of the quarterly training drills on donning of SCSRs will take place in artificial smoke or an environment simulating smoke. Also, where possible, the ERP should provide that a training unit that replicates actual conditions of use will be used for this training. The ERP should contain a mechanism to assure that all training on the ERP procedures was conducted. 6. Local Coordination Consistent with the MINER Act, the ERP shall include procedures for notifying key personnel, such as a call list for mine rescue teams, local emergency responders, mine personnel, state and federal officials, and other parties that may be required. Consistent with the MINER Act, the ERP shall include the procedures the operator will follow to familiarize local emergency responders with surface functions that may be required in the course of mine rescue work, such as logistics, traffic control, and supplies on the surface. Operators should make every effort to arrange on-site visits by local emergency responders to familiarize them with the surface facilities at the mine and the functions that may be required of the responders. The ERP should include a provision to provide MSHA with advance notice of on-site activities related to local emergency response coordination so that MSHA has the opportunity to observe or participate. 7. Additional Plan Content Provisions To provide for the maintenance of miners trapped underground, the ERP should include the following for each working section:
2. Inflatable shelters or equivalent may be used in lieu of barricading materials or other quick deployable units; 3. Food and potable water sufficient for a sustained period of time; and 4. First-aid kits, blankets, multi-gas detectors, and chemical light-sticks or other effective permissible light sources. The ERP should include plans for post-accident logistics and coordination that at a minimum address: the location, necessary equipment, and security of the command center; the facilities available to accommodate families and the security for families of the affected miners; the location for the press; and the arrangements for traffic control. Emergency Response Plan - Approval Procedure The MINER Act specified that ERPs be developed and adopted no later than 60 days after the date of enactment of the Act (August 14, 2006). Once submitted, the plan is considered to be adopted by the mine operator and the operator should begin to implement its plan where possible by obtaining equipment, showing a purchase order for the purchase of equipment, or conducting training as appropriate. As MSHA reviews the Plans, the Agency will send approval letters notifying mine operators of the ERP provisions found to be in compliance with the MINER Act. Furthermore, approved ERP provisions are fully effective, and are also subject to enforcement. Inspectors will check for compliance during subsequent inspections. ERP provisions that have not been approved and have not been included in the approval letter are still being carefully reviewed by MSHA. MSHA will send a deficiency letter to the mine operator explaining which items have not been approved and what additional information should be included when the provisions are resubmitted to MSHA. Background On June 15, 2006, the MINER Act became effective. Section 2 of the MINER Act amends Section 316 of the Mine Safety and Health Act of 1977 to address emergency response plans. Paragraph (b)(2) of Section 2 of the MINER Act requires that not later than August 14, 2006 (60 days after the date of enactment), each underground coal mine operator shall develop and adopt a written emergency response plan that provides for the evacuation of all individuals endangered by an emergency and the maintenance of individuals trapped underground in the event that miners are not able to evacuate the mine. Authority The Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 as amended by the MINER Act, Pub. L. No. 109-236, June 15, 2006, 120 Stat. 493. Internet Availability This program policy letter may be viewed on the World Wide Web by accessing the MSHA home page (http://www.msha.gov) and by choosing "Compliance Info" and "Program Policy Letters". Contact Person(s) Terry L. Bentley, (202) 693-9521 Chief, Division of Safety Coal Mine Safety and Health E-mail: bentley.terry@dol.gov Distribution MSHA Program Policy Manual Holders Miners' Representatives Coal Mine Operators Special Interest Groups  | |||||||||||||||||
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