30 CFR § 75.1710-1
Canopies or cabs; self-propelled diesel-powered and electric face equipment; installation requirements.
(a) Except as provided in paragraph (f) of this section, all
self-propelled diesel-powered and electric face equipment, including shuttle cars, which is
employed in the active workings of each underground coal mine on and after
January 1, 1973, shall, in accordance with the schedule of time specified in
paragraphs (a)(1), (2), (3), (4), (5), and (6) of this section, be equipped
with substantially constructed canopies or cabs, located and installed in
such a manner that when the operator is at the operating controls of such
equipment he shall be protected from falls of roof, face, or rib, or from rib
and face rolls. The requirements of this paragraph (a) shall be met as
follows:
(1) On and after January 1, 1974, in coal mines having
mining heights of 72 inches or more;
(2) On and after July 1, 1974, in coal mines having mining
heights of 60 inches or more, but less than 72 inches;
(3) On and after January 1, 1975, in coal mines having
mining heights of 48 inches or more, but less than 60 inches;
(4) On and after July 1, 1975, in coal mines having mining
heights of 36 inches or more, but less than 48 inches;
(5)(i) On and after January 1, 1976, in coal mines having
mining heights of 30 inches or more, but less than 36 inches,
(a)(5)(ii) On and after July 1, 1977, in coal mines having
mining heights of 24 inches or more, but less than 30 inches, and
(6) On and after July 1, 1978, in coal mines having mining
heights of less than 24 inches.
(b)(1) For purposes of this section, a canopy means a structure which
provides overhead protection against falls of roof.
(2) For purposes of this section, a cab means a structure
which provides overhead and lateral protection against falls of roof, rib,
and face, or rib and face rolls.
(c) In determining whether to install substantially constructed
canopies as opposed to substantially constructed cabs, the operator shall
consider and take into account the following factors:
(1) The mining method used;
(2) Physical limitations, including but not limited to the
dip of the coalbed, and roof, rib, and face conditions;
(3) Previous accident experience, if any, caused by falls
of roof, rib, and face, or rib and face rolls;
(4) Overhead protection, such as that afforded by a
substantially constructed canopy, against falls of roof will always be
required; and
(5) Lateral protection, such as that afforded by a
substantially constructed cab, may also be necessary where the occurrence of
falls of rib and face, or rib and face rolls is likely.
(d) For purposes of this section, a canopy or cab will be considered
to be substantially constructed if a registered engineer certifies that such
canopy or cab has the minimum structural capacity to support elastically: (1)
A dead weight load of 18,000 pounds, or (2) 15 p.s.i. distributed uniformly
over the plan view area of the structure, whichever is lesser.
(e) Evidence of the certification required by paragraph (d) of this
section shall be furnished by attaching a plate, label, or other appropriate
marking to the canopy or cab for which certification has been made, stating
that such canopy or cab meets the minimum requirements for structural
capacity set forth in paragraph (d) of this section. Written evidence of
such certification shall also be retained by the operator, and shall be made
available to an authorized representative of the Secretary upon request.
Written evidence of certification may consist of the report of the
registered engineer who certified the canopy or cab, or of information from
the manufacturer of the canopy or cab stating that a registered engineer has
certified that the canopy or cab meets the minimum requirements for
structural capacity set forth in paragraph (d) of this section.
(f) An operator may apply to the Director of Technical Support, Mine
Safety and Health Administration, Department of Labor, 1100 Wilson Boulevard Room 2329, Arlington, Virginia 22209-3939, for approval of the installation of devices to be used
in lieu of substantially constructed canopies or cabs on self-propelled
diesel-powered and electric face equipment. The Director of Technical Support may approve such
devices if he determines that the use thereof will afford the equipment
operator no less than the same measure of protection from falls of roof,
face, or rib, or from rib and face rolls as would a substantially
constructed canopy or cab meeting the requirements of this section.
[37 FR 20690, Oct. 3, 1972, as amended by 41 FR 23200, June 9, 1976; 43 FR
12320, Mar. 24, 1978; 47 FR 28096, June 29, 1982; 61 FR 55527, Oct. 25, 1996]
EFFECTIVE DATE NOTE: At 42 FR 34877, July 7, 1977, the dates appearing in
paragraphs (a)(5)(ii) and (a)(6) of §75.1710-1 were suspended indefinitely,
effective July 1, 1977.