Program Policy Manual - VOLUME V - Mine Safety and Health ...

MSHA PROGRAM POLICY MANUAL VOLUME V
This Section applies only to self-propelled
electric face equipment where the equipment
operator is using remote controls. The equipment
operator, however, must be located under roof that
has been permanently supported and be a sufficient
distance from the equipment to ensure the
operator would not be endangered by movement of the
equipment.
2. If it is determined that cabs or canopies are required
(actual mine floor to mine roof is 42 inches or greater) and
have not been installed, a citation is to be issued giving
reasonable time for abatement. Extensions of time are to be
granted only when the mine operator is able to establish to
the District enforcement personnel's satisfaction that a
"good faith" effort is being made to gain compliance.
Examples of acceptable effort include, but are not limited
to, the following:
a. Management has ordered new or used lower profile
equipment on which a cab or canopy is or will be
installed and will be workable under the conditions
encountered.
b. Management has established an acceptable program for the
installation of canopies on existing equipment.
c. Management has established a test program agreement with
the district manager.
3. The filing of an application for modification of a safety
standard pursuant to the procedures set forth in Section
101(c) of the Act, or the fact that a hearing is pending on
such application, is not a cause for staying the issuance of
a citation at mines presently required to have cabs or
canopies.
4. Similarly, the filing of such an application for modification
or the fact that a hearing is pending is not grounds for MSHA
to extend the reasonable time permitted for the abatement of
a citation unless a "good faith" effort, as described in item
2, is also proposed.
5. New electric face equipment or used equipment new to a mine
is required to have cabs or canopies if the bottom to top
measurement is 42 inches or greater.
With reference to cab and canopy test program agreements submitted by
mine operators, the following guidelines were developed to assist
February 2003 (Release V-33) 137