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

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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
MSHA PROGRAM POLICY MANUAL VOLUME V District Managers in developing and evaluating such agreements. 1. When an operator elects to establish a test program, he/she should submit the following information in writing to the district manager(s): a. The name of mine(s) covered by the test program. b. The area(s) of the mine(s) selected for the test program. c. A description of the conditions in the areas(s) and how they would be considered as representative of the mine(s) covered by the test program. d. A list of the equipment to be tested and the type of equipment each test piece will represent. e. A description of the approach which will be pursued on each piece of test equipment. f. A time frame for the work to be performed. g. A general description of the method of orientation and training of the equipment operators in use of the test equipment. h. A commitment to submit periodic progress reports describing the success or failure of the test designs, the problems encountered and the changes made to resolve the problem, etc. i. The name and title of the person(s) designated to monitor, keep records and prepare progress reports on the program. 2. If an operator has a one-section mine, a program for testing one piece of equipment at a time would be acceptable. 3. If an operator has a multi-section mine, the program would include one piece of equipment of each type in the mine. 4. If an operator has several mines with similar conditions and equipment, a program for testing one piece of equipment of each type in these mines would be acceptable. These mines may be located in more than one MSHA District, provided the District Managers concur. MSHA has determined that certain controls on roof bolting machines are not subject to the requirements of 30 CFR 75.1710-1(a). These February 2003 (Release V-33) 138
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