U.S. Department of Labor

Mine Safety and Health Administration 4015 Wilson Boulevard Arlington, Virginia 22203-1984

ISSUE DATE: August 28, 2000

PROGRAM INFORMATION BULLETIN NO. P00-13

FROM:           MARK E. SKILES
                        Director of Technical Support

                        MARVIN W. NICHOLS, Jr.
                        Administrator
                             for Coal Mine Safety and Health

                        EARNEST C. TEASTER
                        Administrator
                             for Metal and Nonmetal Mine Safety and Health



SUBJECT:      Mine Safety and Health Administration Product Approvals

Who needs this information?
Mine Safety and Health Administration (MSHA) enforcement personnel, mine operators, miners' representatives, repair shop facilities, and companies that manufacture or supply products and equipment for mines need this information.

Why is MSHA issuing this bulletin?
MSHA is issuing this Bulletin to clarify the type and nature of equipment and other products used by the mining industry that must be evaluated for MSHA approval. The term "approval" is used in a broad sense applying to products and equipment that are approved, certified, or otherwise formally accepted by MSHA for use in mining operations.

Are all products and equipment used in mining required to be "MSHA-Approved"?
Only those products and types of equipment addressed in the implementing regulations of the Federal Mine Safety and Health Act of 1977 (Mine Act), as set forth in Parts 7 through 36 of Title 30 of the Code of Federal Regulations (30 C.F.R.), are specifically required to be evaluated and "approved" by MSHA.

Who is responsible for evaluating products and mining equipment for MSHA approval or acceptance?
The MSHA Approval and Certification Center (A&CC) is responsible for evaluating products and mining equipment for MSHA approval, certification, or acceptance. Following successful completion of the evaluation and testing, the A&CC provides the applicant with a written notice that the product or piece of equipment has met the applicable design and performance requirements and formally authorizes the placement of an approval marking on the product or equipment. After this occurs, the manufacturer may advertise the product or equipment as "MSHA-Approved" and distribute it for use in mines.

What kind of products or types of equipment are "Approved" by the A&CC as prescribed by the regulations?
Products and equipment evaluated and tested by the A&CC range from extremely small electronic devices to very large complex mining systems. The A&CC conducts its product and equipment investigations with respect to the requirements contained in 30 C.F.R. Parts 7 through 36.

In addition, the A&CC has established criteria for certain products and equipment not specifically addressed in 30 C.F.R. These criteria supplement existing regulations through policy interpretations making their evaluation and approval by MSHA mandatory to satisfy compliance. (For example, 30 C.F.R. Parts 75.803 and 75.902 address low- medium- and high-voltage fail safe ground check monitoring circuits and associated devices. The A&CC has implemented criteria to evaluate and approve equipment that complies with these regulations.)

Battery box insulation materials, cable reel and spooling device insulation materials, asbestos substitute materials, fire fighting hose liners, and fire suppression hose covers are examples of other products which are also tested and evaluated by the A&CC to ensure compliance with the flame-resistant performance requirements cited in 30 C.F.R.

Does the Agency evaluate any other products or equipment?
In response to inquiries from MSHA personnel, the A&CC and the Pittsburgh Safety and Health Technology Center (PS&HTC) also evaluate other products and equipment for their suitability in mining applications which are not directly addressed in 30 C.F.R. Parts 7 through 36, Part 57, and Part 75. These evaluations generally concern a product's suitability for a specific mining application.

For example, 30 C.F.R. 75.900 requires low- and medium-voltage circuits in underground coal mines to be protected by "suitable" circuit breakers of adequate capacity that are tested and evaluated by MSHA. Requests to use vacuum contactors and associated circuitry as "suitable" circuit interrupting devices led MSHA to establish criteria to evaluate these devices for use in a mining application. Belt skirting materials, chute liners, conveyor roller coatings, flame retardant coatings, noise control materials, sealants, roof and rib control materials, cable hangers, and trolley wire guards are other examples of products that are evaluated as "suitable" for use in mining applications.

A letter is sent to the manufacturer when investigations indicate a product is suitable for its intended purpose. Copies of the letter may also be provided to the mine from the manufacturer. In some cases, identification numbers may be assigned for administrative tracking purposes to prevent duplication of evaluation.

The practice of evaluating products and equipment for suitability for their intended application has caused some confusion in the interpretation of the use of the words "MSHA-Approved." Some manufacturers have falsely advertised their products and equipment evaluated for suitability as "MSHA-Approved," suggesting that the Agency endorses the use of a specific product or piece of equipment. Since no specific approval regulations have been established which apply to the evaluation of these products in mining operations, MSHA can not authorize the use of any marking on the product or piece of equipment suggesting that it is "MSHA-Approved" nor advertising it as such.

In addition, some mine personnel, union representatives, and both state and federal government enforcement personnel may believe that the assigning of identification numbers means that only those products and equipment with an identification number may be utilized for a specific mining application. An MSHA identification number for these products is not required. Other products may be equally suitable for the intended purpose and may be used without an MSHA identification number. It should be noted that manufacturer participation in the review and listing of products which MSHA deems suitable for mining applications is strictly voluntary.

What are the consequences for falsely labeling products and equipment as "MSHA-Approved"?
Section 110(h) of the Mine Act (30 U.S.C. § 820(h)) provides for the imposition of severe criminal penalties for the knowing distribution, sale, delivery or introduction of equipment for use in mines which is falsely represented or advertised as complying with the Act or MSHA regulations applicable to that equipment.

If there are questions about whether a product or piece of equipment must be "approved" by MSHA, who should be contacted?
The A&CC can readily provide information regarding whether a product or piece of equipment must be formally evaluated and "approved." All inquiries should be directed to the following managers at MSHA's Approval and Certification Center:

Steven Luzik, Center Chief, (304) 547-2029
David Chirdon, Electrical Safety Division, (304) 547-2026
John Faini, Mechanical Safety Division, (304) 547-2042
Kenneth Sproul, Quality Assurance Division, (304) 547-2038
Harry Verakis, Engineering and Testing Division (304) 547-2082

What is the authority for this bulletin?
Code of Federal Regulations, Title 30, Parts 7 through 36, Part 57, and Part 75.

Who is the contact person for this bulletin?
Technical Support, Approval and Certification Center
Robert Boring, (304) 547-2089

Is this information bulletin on the Internet?
This information bulletin may be viewed on the World Wide Web by accessing the MSHA home page (http://www.msha.gov) and then choosing Statutory and Regulatory Information/Compliance Assistance Information/Program Information Bulletins. Lists of "approved" products and equipment can be found on the MSHA home page by choosing Technical Support, Approval and Certification Center.

Who will receive this bulletin?
Program Policy Manual Holders
Miners' Representatives
Mine Operators
Manufacturers of Mine Equipment and Mining Products
Repair Shop Facilities
Special Interest Groups