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ISSUE DATE: October 25, 2000 PROGRAM INFORMATION BULLETIN NO. P00-15 FROM: EARNEST C. TEASTER
(a) Emergency stop devices which are located so that a person falling on or against the conveyor can readily deactivate the conveyor drive motor; or (b) Railings which– (1) Are positioned to prevent persons from falling on or against the conveyor; Background On September 15, 2000, the Federal Mine Safety and Health Review Commission issued a decision in the case of Secretary of Labor, Mine Safety and Health Administration (MSHA) v. Nolichuckey Sand Company, Inc., FMSHRC Docket Nos. SE 99-101-RM. The case involved the interpretation of 30 CFR 56.14109, which requires unguarded conveyors which are next to travelways to be equipped with either emergency stop devices or protective railings. Among other things, the Commission found that the Secretary "fail[ed] to advance any consistent interpretation of ‘unguarded'" within the meaning of section 56.14109. The Commission therefore remanded the case to the administrative law judge to obtain from the Secretary an "authoritative interpretation" of what constitutes an unguarded conveyor within the meaning of section 56.14109. This program information bulletin restates the Secretary's interpretation of "unguarded" as set forth in MSHA's Program Policy Manual (PPM). Information Subpart M of 30 CFR 56 and 57 sets forth mandatory safety devices and maintenance requirements relative to the operation of machinery and equipment at all metal and nonmetal mines. Sections 56/57.14109 require unguarded conveyors which are next to travelways to be equipped with either emergency stop devices or protective railings. The objective of these standards is to protect miners from coming into contact with the conveyor. This objective is consistent with and furthers the stated purpose of Parts 56 and 57, the protection of life, the promotion of health and safety, and the prevention of accidents. Sections 56/57.14109 are not applicable to unguarded conveyors which are not next to travelways, i.e., which are not located in such a place that there is a reasonable possibility that miners will come into contact with the conveyors. MSHA's PPM includes the Secretary of Labor's authoritative interpretation of sections 56/57.14109. The PPM states that when emergency stop devices or cords are not present, a guard must be provided along the full length of the conveyor between the belt and the travelway. Moreover, the PPM provides that neither the conveyor installation nor framework can be considered an allowable guard, irrespective of its height or its conformance with standard railing heights. Internet Availability This information bulletin may be viewed on the Internet by accessing the MSHA home page (http://www.msha.gov) and then selecting "FOIA Reading Room," "Program Information Bulletins," and "2000 Program Information Bulletins." Authority Federal Mine Safety and Health Act of 1977; 30 CFR 56/57.14109 Issuing Office and Contact Person Division of Safety Metal and Nonmetal Mine Safety and Health Peter J. Montali, (703) 235-8647 Distribution Program Policy Manual Holders Metal and Nonmetal Mine Operators Special Interest Groups  |
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